Roundup: Civilian control – it’s a Thing!

Over the past couple of weeks, as the government’s “interim” fighter acquisition plans were announced and the fallout has been filtering down since. I’ve seen a lot of fairly disturbing commentary around it, not just from some of the usual ass clowns on social media, but I’ve also seen it in the House of Commons. No less than Rona Ambrose told the Prime Minister that the government needs to get out of the way of military procurement decisions and let the military decide what it needs or wants.

Nope. So much nope.

In case Ambrose or anyone else has forgotten, in a liberal democracy we insist on civilian control of the military. That’s kind of a big thing, and as Stephen Saideman points out, it’s a central ingredient and necessary thing for democracy. And it’s not just this attitude creeping out in Canada, but we’re seeing it in spades in the United States right now as Donald Trump is looking to put former military members into cabinet who haven’t passed their designated “cooling off” period yet.

It’s also why I get annoyed by these stories about how the government’s plans and policies are characterised as “contradicting” the head of the Royal Canadian Airforce, for example. The problem with these kinds of headlines is that if you’ve at all paid attention to the Canadian Forces for the past number of years, you’ll see that they will always say that they have the resources at hand to do the job they’re asked to do. If the government says that 65 new planes are enough, well, then the RCAF will make sure that 65 planes are enough, no matter how much they might like or need more. Plenty of stories filtered out during the air mission in Iraq about how the RCAF was managing it despite their budget constraints, and it was a lot do to with cannibalising training budgets and so on to ensure that those missions that were being asked of them still flew, and they did it without public complaint. (Never mind that they were concerned about the declining readiness of the fleet at the time, but they still had a job to do that was being asked of them, so they made it work).

We need to remember that governments set policies, and they are held to account for the policies they set, but it’s not up to the military to tell us what that policy should be. We’ve had procurement problems in the past where the military were allowed to set their own parameters and went wild looking for the biggest and the best kit available, and boondoggles resulted. So yes, the government can set its own policies and align procurement to match it. That’s fine. And we can hold them to account for that policy on any number of metrics. But we should really refrain from that metric being “the military said the old policy was fine” because of course they were going to say that. It’s also not their job to be yet another cudgel for opposition parties to wield and then hide behind like they do with every other institution and officer of parliament. Civilian control matters. Let’s remember to treat it that way.

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Roundup: Giving the PMO too much credit

Over the past day-and-a-half, everyone and their dog has had an opinion about just what Maryam Monsef was thinking when she stood up in Question Period and said that the electoral reform committee hadn’t done their job in bringing forward a recommendation and then tried to use the Gallagher Index equation as a way of ridiculing their work. And when she stood up in QP to apologise yesterday no less than five times, the opinions got more and more “sure” that everyone knew just what was going on.

And while I am always happy for a Thick of It reference where I can get it, I’ve seen a lot of tweets over the day that have basically posited that Monsef is this vacuous cipher for the PMO, and that she’s just reading the lines assigned to her, and it bothers me. Why? Because Monsef isn’t vacuous. Quite the opposite in fact, and while she may stick to her lines in QP and have all the sweetness of saccharine, she’s very deliberate in the way she responds (as she articulated to John Geddes here). So yes, she prepared for Thursday’s QP and had some lines prepared, including the one about the Gallagher Index, but she also knew that she was going to be bombarded with a bunch of ridiculous questions from the opposition parties who overread the conclusions of the report. Did she go too far? Yes, absolutely, and I think she recognised that. But she’s also been handed a really shit file to manage, and she’s got a tonne of work to do in stick-handling it.

Essentially, the Liberals made a foolish promise that they probably knew they couldn’t keep, but they also managed the expectations around it somewhat with promises for consultation that gives them an out. It was also just one item in a comprehensive reform package, most of the rest of which is well on the way of being implemented, but they went and oversold this one item and now they need to figure out how to break it without looking like they’re breaking it for self-interested reasons. And no, I don’t think they want to break it just because the current system worked out for them – rather, they realised that the alternatives are not actually better for our system in general. Part of how they can hope to break it is to show that the other parties are unreasonable and no consensus can be reached, and to a great extent, the electoral reform committee report demonstrated that, but Monsef went and overshot and her own party members got hit with friendly fire as a result. And now they need to keep up the charade a while longer, but this is something that they need to smother, but they can’t look like that’s their plan, and Monsef has a hell of a job trying to manage that.

Oh, and for everyone who asserts that this is just the PMO pulling the strings instead of the minister, I’m less convinced. I’ve had conversations with people who’ve worked in Queen’s Park who now work here, and their assessment is that this actually is government by cabinet – the centre is not stickhandling everything, and I’m not convinced that Monsef, as junior as she may be, is just a puppet like so many Harper ministers were. The evidence just isn’t there for me.

Meanwhile, Colby Cosh offers some more context for that whole Gallagher Index nonsense, while Paul Wells manages to better interpret Monsef’s reaction and the real reason why the committee failed, which has to do with the referendum question. Andrew Coyne mystifyingly tries to equate the issue with free trade, while again insisting that Monsef is just a cipher for the PM.

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Roundup: Suck it up and fix 24 Sussex

Since this is apparently my week for being cranky about stuff, I’ll turn my ire today on the various naysayers regarding renovations to 24 Sussex. And I’m going to say off the bat that they need to basically shut it and just fork out the money because guess what, we have obligations in this country to both official residences and heritage buildings, and we have to stop being so petty about it. What becomes clear in the more detailed breakdown of the options available that was posted in The Huffington Post was that a lot of these additional costs are not about the building, but rather they are about security. That’s part of why I find the demands that they have a residence that will be open to tourists to be boggling, because I’m not sure what purpose that serves. Of the other official residences, only Rideau Hall and the Citadel are partially open to the public, and even then in fairly controlled circumstances, and those are also working residences – something that 24 Sussex, Stornoway, the Farm and Harrington Lake are not. And why 24 Sussex should have the capacity for state dinners is also a bit baffling because the PM doesn’t host state dinners – the Governor General does. That’s his job as representative of our head of state (being the Queen). Can some official dinners be held at 24 Sussex? Sure. But not state dinners. I also find the fact that they’re even exploring the possibility of turning 24 Sussex into a working residence to be boggling, right up to including a $562 million option of abandoning 24 Sussex in favour of taking over the National Research Council’s headquarters at 100 Sussex and turning that into a Canadian White House with PMO offices on top of an official residence. Baffling, really.

So while the calls to bulldoze 24 Sussex return in force thanks to performative cheap outrage, and we clutch our pearls at the ongoing maintenance costs of the building being vacant while the property itself doesn’t increase in value, I say we stop trying to turn this into a tourist trap or working residence, which means not building an annex over the pool house to turn it into an apartment so the main house becomes something they don’t live in, and instead just focus on renovating the house itself and keeping it strictly as an official residence. And no, we can’t just bulldoze it because it is an important heritage property, and would still be even if it didn’t house prime ministers, but it does, so now we are obligated to deal with it the right way. In fact, I say we restore its façade to its original, pre-1950s features to better respect its heritage and history. Add to that, we should not only better empower the NCC to protect our official residences and heritage properties so as to let successive prime ministers (and opposition leaders and Speakers) know that it’s not up to their discretion when renovations need to be done to these properties, but we should also empower them to go after the previous inhabitants for negligence in allowing the property to decay this much. Maybe that will send a message.

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Roundup: Six more makes a full chamber

The final six Senate appointments have been made, all from Québec, and all were very much in the same pattern that we’ve seen to date from this government – well qualified, certainly, but without much in the way of ideological diversity, and as of yet, no new openly LGBT senators (that are very much needed). There could very well be some selection bias at play here, which is part of why asking people to apply rather than seeking to nominate people continues to be a problem, and promises of transparency would mean some kind of a statistical breakdown of the short lists presented to the PM, but one doubts that will ever happen.

Now this all having been said, the performative outrage by a number of Conservative senators is getting to be really tiresome. I am also failing to see the logic in how appointing a bunch of partisans and telling them that they are to be whipped (which no, senators are not supposed to be) is somehow preferable and “transparent” than it is to appoint a number of ideological similar individuals who aren’t assigned a party label, nor are they being told that they’re subject to a whip. It really makes no sense, particularly when there are all manner of other perfectly legitimate criticisms that can be levelled at the nomination process and the pattern that has emerged from the appointments, but to insist that it’s all a “con job” is really, really rich. It’s bad if they all vote for the PM who appointed them if they are “independent,” but it’s a-okay to vote under an illegitimate whip by the PM who appointed them so long as it’s under a party banner? Huh? (Also, to correct Senator Housakos, nothing stops any of these new senators from joining a caucus of their choice).

Meanwhile, we’re going to get more grousing about committee slots and research budgets, but honestly, that’ll work itself out within a few weeks and bellyaching won’t actually help make the process work faster or better. There is also some grumbling right now that the current crop of independent senators haven’t managed to fill the two slots per committee they’ve been allotted as is, so why give them yet more seats? It will happen, but the rules don’t really allow committee reconstitution until a prorogation anyway, so I’m not sure why there’s such a rush. Better to let the process take the time it needs rather than going too fast and ballsing it up and creating room for unintended consequence.

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Roundup: Questions about ordered repayments

Conservative-turned-independent Senator John Wallace is asking questions around the decision to withhold Senator Mike Duffy’s salary to repay inappropriate expenses that were uncovered as part of his court case, and in particular, whether the Internal Economy Committee’s three-member steering committee has been exceeding its authority in making decisions without the full committee signing off. The steering committee after all is supposed to be limited to some administrative matters, but in cases of “emergency,” they can do more. So was this an emergency? There is the argument that the decision was made over the summer when the full committee could not meet, and it was in accordance with rules laid out as part of the broader expenses issue and dispute resolution process, which Duffy did not avail himself of, his lawyer insisting that he was “fully exonerated” by the judge in his court case (which is not what the judge said, but rather that what he did simply didn’t meet the threshold of being criminal, and yes, there is a vast difference). With a case as high-profile as Duffy’s, the fact that inappropriate expenses have been flagged meant that the appearance of doing something about recovering those expenses was a very real consideration for the continued public legitimacy of the institution whose reputation has taken a beating, and letting Duffy get away with those inappropriate expenses would continue to damage the institution in the eyes of the public. But, that having been said, was this a decision that could or should have waited for the full committee to decide up on in the fall, and is this a case of procedural unfairness or worse, of a lack of any kind of due process, as has happened on more than one occasion as this whole expenses issue has reared its head? I’m not sure, but it does bear asking. I do think that something needed to be done to address the issue in a timely manner because the Senate has to rebuild its public image after senators like Duffy have done so much to muddy it, but whether what happened was right, well, that’s not a question I can answer.

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Roundup: Anxiety and resentment

As the United States continues to be subjected to demagoguery in their electoral gong show, Bill Morneau is warning about “canary in the coal mine” that Trumpism is representing, which can be echoed in other places with the Brexit vote or the rise of Bernie Sanders on the left in the US. Morneau attributes it to anxiety and resentment over the belief that globalisation is not benefitting the majority of citizens (never mind that $400 flat panel televisions are totally not the benefit of global trade, but just a coincidence. Oh, wait…) Morneau pegs his solutions in terms of what his government is doing with their “inclusive growth” agenda, and mentions their higher taxes on the one percent in order to pay for the enhanced child benefit payments and their plans to overhaul the CPP, along with infrastructure spending, but it seems to me that it’s only half the battle, and that we need some greater financial economic amongst the general public to see just what the benefits of global trade are, and that they’re not just benefitting the super-rich.

We need talk about things like the “Iowa car crop” to educate people about how trade benefits them in ways that they don’t think about – like hey, food prices are at something approaching an all-time low thanks to trade, and cars and electronics continue to fall in price and we have devices nowadays that would be considered magical just a few decades ago, at price points that are unimaginable for their complexity. But none of this fits into the narratives of resentment that people stoke for political benefit, and that’s a problem. It’s also a problem with that narrative is used to fuel anti-establishment sentiments that only serve to poison the well against the way governments function, and that’s going to start biting back in a very big way before too long in the States, as people demanding wholesale dismantling of the state start reaping what they’ve sown – particularly as it comes wrapped in Trump’s message and his attempts to delegitimise the results of the election before they’ve happened already. It’s a dangerous game that they’re playing, and it needs to be stopped, but anyone who does is “biased” and “protecting the status quo,” and where do you go from there? I wish I knew.

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Roundup: The new Senate hurdles

Just how MPs should deal with an increasingly independent – and assertive – Senate is the question posed by former MP Bryon Wilfert and his firm partner Paul Hillier, and it’s a question that I’m really not sure that Justin Trudeau adequate considered when he embarked on this path to modernization. While they note that no longer having senators in caucus limits the closed-door opportunity to hear and debate government proposals, I will state that they overplay the concern about the ability to whip those votes. There has never been any formal power to whip senators’ votes, but they relied primarily on sentimentality or affiliation, and sometimes senators went along, and sometimes they very much didn’t. That’s one of the reasons why there remains a bit of a taint around the post-2008 Harper appointees, because most of them came in being told that they could be whipped, and they behaved as though they could – up until fracture points around the contentious bill C-377, and then they rebelled against their Senate leadership (and it’s not a coincidence that Marjory LeBreton resigned as Government Leader shortly thereafter). They also point to the very real problem that with so many new MPs, and with the Liberal senators no longer in caucus, the personal relationships between parliamentarians that would normally exist no longer do, and that does start to exacerbate the problem of driving legislation through the Senate.

Where I see their proposed solution as being problematic is the suggestion that committee chairs be the new agents to set the legislative pace and of trying to build consensus. Why I think this is a problem is that the point of committees is to hold the government to account, which is why ministers are so frequently called to appear before them. If the chair is acting as the agent of the government, rather than of the committee itself, it creates something of a conflict in their roles. As well, many of the committee chairs are from the Conservatives (not that the Senate Liberals are the same party as the government, but there is an assumption of greater sympathy despite the fact that the relationship has been pretty testy to date). Trying to co-opt those chairs into being government agents to drive consensus would seem to be antithetical to the purposes of having an opposition, and its accountability functions. It also puts those chairs in the awkward position of having stakeholder groups trying to court them in order to get their support in rounding up senators to support the bills – groups that would also want to come before committee to plead their cases when the bills get to said committees, which again presents a bit of a conflict. If anything, I do think this highlights the value of having caucuses for organisational purposes, and arranging these meetings – and yes, the Independent Senators Group could possibly host these same kinds of stakeholder discussions without trying to come to an internal consensus, allowing their members to make their own minds up (and to date, they have operated on a rule that anyone trying to get support does so outside of their meeting room). It will continue to take getting used to, but it will continue to take some serious thought about what roles we’re asking people to take on within the chamber in order to get bills passed.

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Roundup: A questionable path forward

Two former senators, Michael Kirby and Hugh Segal, got together to write a report on how they see a move to a more independent Senate should go, and offered a number of suggestions along the way. (They summarise the report in an op-ed here, as does Susan Delacourt in her column here). The highlights of the report are that they feel that the Parliament of Canada Act be amended so that the Senate is no longer dependent on recognized party lines to organise themselves, that they instead be organised into four regional caucuses (Newfoundland and Labrador apparently being lumped in with the Maritime region, and the territories being given a choice as to which region they want to sit with) that would form a “senior council” to decide things like committee selection. They also suggest changes to Senate Question Period, that the absolute veto be self-limited to a six-month suspensive veto, and that the minimum age of 30 be dropped as with the net worth qualification of $4000 (but not property, as it helps to determine residency requirement).

While I will no doubt discuss these recommendations in more depth elsewhere, I will first preface my comments by saying that the Senate Modernisation Committee will have their own report out in a few weeks, and we will likely get a better sense of how things are headed on the ground from there. As for these recommendations, while changes to the Parliament of Canada Act need to happen in order to break the party oligopoly now in place, I fail to see the value-added of regional caucuses. Current committee selection already looks at regional as well as gender balance, so creating a “council” to determine this seems frivolous, and the current seat allocation on committees will rebalance as more unaffiliated senators are appointed and start feeling comfortable enough to take on committee work. I’m not sure that enforcing regional lines is really what the Fathers of Confederation had in mind (as Segal and Kirby keep going back to) because I think it has the potential to create balkanization. Breaking the oligopoly and giving the unaligned senators more of a voice in organization and logistics can happen without needing to completely freeze out parties. The post-2008 excesses were not necessarily the fault of partisanship per se as it was an overly controlling PMO manipulating new senators, who didn’t know any better, to get their way. The suggested changes to Senate QP (like asking questions of committee chairs) make no sense as there is little accountability to be had from them, which is the point of QP. The change to a suspensive veto I am wary of because the point of the Senate is to be able to check the powers of a prime minister with a majority, and saying that the Lords in the UK has been like this since 1911 ignores the history or temperament of that chamber as it differs from our Senate. As for dropping the minimum age, if I had my druthers I would raise it a decade if not two, but if we can’t do that, then leave it as is. We have no need to appoint twentysomethings to be there until age 75. Sorry.

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Roundup: An imaginary crisis

The summer hearings of the electoral reform committee have ended, and now they move to cross-country hearings before they begin their deliberations. The optimistic among them think they can achieve consensus. The remarkably optimistic insist that it’s going to be some form of proportional representation. And the Conservatives say that any consensus would be contingent upon a referendum, while some Liberals say that if they can get consensus there would be no need for one. So, with any luck, that means it’ll all go down in flames. That said, there was still more eye-rolling testimony yesterday that should be commented upon.

There’s this existential drama going on where a Liberal MP on the committee noted that they’re not in a crisis situation, so is this the best time to have the debate, and Elizabeth May, true to form, prompts a witness to say that we should change the system now before there’s a crisis. But what crisis are we talking about?

This I can’t figure out. We’ve had 149 years post-Confederation of free and fair elections, and reasonably good governance, and do I keep needing to remind everyone that the system isn’t broken? Because it’s not. And people who tend to talk “crisis” have been the ones from whom that crisis is that the party they favour didn’t win. “Oh, but Stephen Harper!” the exclaim. To which I remind them that he wasn’t a Bond villain. Yes, he bent the rules of Parliament to their breaking point, but that had absolutely nothing to do with our electoral system and everything to do with all of the other tinkering that we’ve done to our system in the name of making things “more democratic,” like changing the way we select leaders. Harper had a “democratic mandate” from his party members, the cachet of having united the party, and an immense amount of goodwill among the party members for that. But he was also unchallenged by his own party members for his going too far and his excesses because the party members let him, in large part because of civic illiteracy on their part in not knowing they had agency enough to push back, and their accountability measures having been weakened by successive generations of ways in which people tinkered with the system. This whole electoral reform exercise is just tinkering with the system on a more massive scale, and I have zero confidence that things will end up better because (to quote Colby Cosh), it’s a contrived moral panic over a solution in search of a problem. There is no crisis. There will not be a crisis, and it will certainly not be over the perceived legitimacy of a so-called “false majority” (which doesn’t exist because it’s a sore loser term to try to make a Thing out of a logical fallacy). The crisis is one of civic literacy – not the electoral system. Attempts to cast it as such are disingenuous in the extreme.

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Roundup: Fear change of government!

Another day, another round of completely objectionable things heard regarding electoral reform that need to be countered. Most egregious of all today was Elizabeth May’s musing about the nature of government under current and PR systems.

And then my head exploded.

It sounded for a moment there like May was advocating for a system of basically permanent governments that don’t change, and that basic accountability – i.e. “throwing the bums out” – was a bad thing. It boggles the mind that this would be considered a good thing. Is it a good thing that countries like Germany, Austria and Sweden have basically had one-party rule for decades, where coalition partners get shuffled and that’s that? That hardly sounds like a healthy democracy because longevity can certainly breed complacency and to a certain degree corruption. May also assumes that the “consensus building” of coalitions would somehow produce superior governance without looking at the effect it has on accountability (when everyone’s responsible, then no one’s responsible), or that the watered-down outcomes and lack of ability to govern effectively in many cases is really better than a system that allows for decisive action but also the ability to hold those who take action to account for those decisions. Seriously, though, this dislike of accountability mechanisms is very concerning. Also, this notion that the “right parties” will always be in power to get these mythical better outcomes.

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And then there’s Andrew Coyne, who again cherry-picks his railing against the arguments to keep the status quo with regards to the arguments about stable governments (as though other PR countries operate on a system of responsible government), or that our current system has been riddled with regional parties that we warn about in PR countries (ignoring that regional parties don’t last long in our system precisely because they can’t get power), and buying into Ed Broadbent’s ridiculous revisionist mythologizing about the NEP.

I’ll end on one good note, which was Samara’s call for better civic education. That should be what the government spends its time, energy and resources on rather than this ridiculous quest for a new electoral system, but it’s a start that people are calling out for it.

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