Roundup: Determining next steps with Meredith

The Senator Meredith situation heated up fairly predictably yesterday, with the calls from all sides that he do the honourable thing and resign. While he quite quickly stepped away from the Independent Senators Group, he it wasn’t until much later in the day that he said that wasn’t going to resign. This of course, shouldn’t surprise anyone, given how utterly shameless he has been about this whole matter since it first appeared in the news.

While I understand the position of the ISG that they included him in their ranks because they considered him innocent until proven guilty (and you can see the full interview with Senator McCoy here), I would have to say that the Senate knew that this train was coming down the tracks, and I have to wonder why they haven’t really been preparing for this eventuality, which I haven’t seen, unless of course either the Senate Ethics Committee or the Senate Rules Committee have been quietly having discussions that I’m not privy to. Regardless, instead of people like Senator Peter Harder calling media to the Foyer to perform some outrage and sending public letters in the hopes of somehow shaming the shameless, they should be coming up with a plan and a process to do something about side-lining and eventually removing him. The key, however, is that this is going to need to be better than the haphazard and somewhat abusive process that was used with senators Duffy, Wallin and Brazeau with their own suspensions at the height of that bout of madness. The lack of due process there stuck in the craws of many senators and was largely the work of Conservative senators using their majority to bully through a means of trying to avoid Stephen Harper any further embarrassment. If they now want to see Meredith removed from his post and his seat declared vacant, they have to be utterly meticulous about this. Suspension will no doubt be the first step upon their return, and they are best advised to at least give him some kind of opportunity to at least speak to his defence before they suspend him and move onto next steps. Declaring his seat vacant would be unprecedented without a criminal conviction, but not impossible, if they do it right. That, however, is the real trick, and one that that will be difficult to manage, and even more so if senators are simply going about this as performative outrage where they need to be seen to do justice to appease a hungry press rather than ensuring that the laws of natural justice are upheld in the process.

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Roundup: Let’s not efface Langevin

A group of Indigenous MPs, along with the national chief of the Assembly of First Nations, are calling on the government to rename the Langevin Block – the building that houses the PMO – because it is named after one of the architects of residential schools. And while I understand and respect their feelings on the matter, I would like to add that I think this would be a mistake. Why? Because the average Canadian doesn’t know who Hector-Louis Langevin was, and what his role in residential schools was (let alone that he was a Father of Confederation), so to further efface his name is actually a disservice to the spirit of reconciliation, which they say that this is a part of. What I would suggest instead are additions to the plaque explaining the building and the name, and for signage inside the building, to remind the denizens about the consequences of actions that may be have been well-intentioned at the time. And we have no reason to think that Langevin himself was especially malevolent, but was merely a product of his time. There was all manner of racist policies by the government because that was how they understood the world to be. It’s also a question of who’s next after Langevin? Sir John A Macdonald? I think that we would all be better off to confront Langevin’s legacy and to spell it out to people that what a party does in government can echo for generations and be completely devastating. It would be a reminder for all time that deeds and misdeeds have consequences. And the PMO being confronted with that on a daily basis would seem to me to do more for reconciliation than simply effacing the name and giving it something trite like the “Reconciliation Building” (as Calgary renamed their Langevin Bridge). Let’s teach history – not bury it, which removing the name would be.

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Roundup: A petulant motion

The degradation of Supply Day – otherwise known as “opposition day” – motions continues apace as the NDP have chosen to be completely petulant about their day today, using their motion to get the House to say that the government misled them on their promise to end First-past-the-Post and call on the government to apologise. It’s petty and cheap, and it’s going to be no fun for the Liberals on House duty to have to eat some of their own words on the need for electoral reform, but that doesn’t excuse the fact that this is not what an opposition day motion is supposed ot be doing.

As a quick refresher, the purpose of Supply Days is for the opposition to demonstrate why the government should be denied supply – meaning the money that they want to spend to run the government. In other words, the day is to be spent arguing about why the government shouldn’t be spending money they’re asking taxpayers for. It’s part of the job of the House of Commons in holding the government to account by controlling the purse strings, which government can only spend with their approval. But that’s not how it works anymore. Now, it’s any topic under the sun.

The Conservatives have been engaging in their own shenanigans with supply days, arguing one this week that was supposed to be about getting the government to agree not to tax health and dental benefits, but because they wanted it to be defeated, they got cute with the wording so as to proclaim that Canadians were too burdened with taxes and so on, knowing the government wouldn’t support it. And when they defeated it, they took to Twitter and QP to decry the government not ruling out taxing these benefits despite the fact that they had stated clearly that they would not. But hey, why not play silly buggers with parliament’s time?

Even worse than motions designed to get the government to vote it down by using cute language are the “mom and apple pie” motions designed to get the government to support them in the hopes of embarrassing them into taking action on a file, and as happened so often during the Conservative years, the government would support the motion, pat themselves on the back, and then do nothing while the NDP howled about it to little effect. It was a government that had no shame, but it was a too-cute-by-half motion to start with.

https://twitter.com/pmlagasse/status/829344479958142980

https://twitter.com/pmlagasse/status/829347208063483904

Like Philippe Lagassé says, less theatrics, more accountability. And that’s exactly what we’re not seeing in any of these motions, when it’s the fundamental job of every MP in the Commons.

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Roundup: A painful lesson in committee cooperation

News broke yesterday morning that rogue Liberal backbencher Nate Erskine-Smith had been reassigned from the public safety committee by the party whip, and immediately everyone was all “uh oh, this is totally because he spoke out against his party.” Yes, Erskine-Smith has been making all kinds of waves, talking about his disagreement with the approval of the Kinder Morgan pipeline, advocating for the decriminalisation of all illegal drugs to treat them as a public health as opposed to a criminal law issue, and most recently, prostrating himself before his electorate to decry his government’s decision to abandon electoral reform (and using the curious tactic of using language that both undermines his government’s legitimacy and advocates for a system that undermines the very agency he has as an MP to stand apart from his party, but whatever).

Of course, it also appears that none of those commenters from the peanut gallery actually bothered to read the story about why Erskine-Smith was yanked from the committee, and it had little to do with his outspokenness than the fact that he was overly naïve as a newbie MP if trying to make parliament a nicer place. In this case, he wanted to operate by consensus on the committee and tried to get the other parties onside for amending the bill on establishing a national security committee of parliamentarians. The problem was that in the process, he was manipulated by Tony Clement into deleting some of his government’s own provisions because, you know, consensus and working together! So yeah, painful lesson, and maybe he’ll learn to be a little less trusting the next time. I get that you want parliament to be a nicer place and politics to be done better, but if you’re not careful, your opponents will (metaphorically) shiv you because they have their own goals, and they don’t necessarily want to buy into your platform. And let’s not forget that the competition of ideas is part of what keeps our system vital and accountable.

Of course, the fact that the whip could take this step has the usual suspects up in arms about how too much power is in the hands of the leader (by way of the whip), and the standard calls about reforming committees were trotted out. The Liberal Party’s promises on committee reform – more resources, electing chairs by secret ballot, and ensuring parliamentary secretaries are no longer voting members – were pretty much accomplished, but Conservative leadership candidate Michael Chong has his own reform ideas (try to look surprised), but reading them over, I have doubts. In particular, his plan to take away the power to assign MPs to committees and replacing it with a secret ballot process is dubious, in particular because a) I can’t imagine trying to count those ballots, b) it won’t solve the problems of MPs all trying to get onto the “sexier” committees while leaving some of the less exciting ones to be scrounging for members, c) critics – which the leader assigns – are on those committees, so for a party like the NDP, the secret balloting process would be useless, and d) this is a typical Chong suggestion of a solution in search of a problem. MPs like to bitch and moan about being assigned to committees they don’t like, but rarely actually ask for committee assignments, nor do they seem to have an appreciation that sometimes the party has to spread out their talent to places where it’s needed as opposed to where MPs want to go.

I’m also not keen on Chong’s plan to merge five committees to bring down the total number because there’s no actual need. We have 338 MPs and we don’t have a super-sized cabinet with a bloated parliamentary secretary brigade to match it, and in the previous parliament, they already reduced committees from 12 to 10 members apiece. There are enough MPs to go around, and merging the mandates of committees overloads them rather than letting them undertake studies of their own accord, which they should be doing. There’s no real crisis of overloading MPs with work right now (which was not always the case), so this particular suggestion seems gratuitous.

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Roundup: MPs who don’t seem to get it

Before you ask, I don’t have a hot take for you on Trump’s executive order on Friday night (other than apparently, the inmates have taken over the asylum and there is nothing but a bunch of ham-fisted amateurs running the show now). And I didn’t find most of the hot takes circulating around to be terribly edifying either. But what I can talk about is Parliament, and the group of MPs who think they have the solution to changing it. They of course, are completely and utterly wrong. (But that’s why you read this blog anyway, right?)

Aaron Wherry apparently got a preview copy of the book and spoke to some of the MPs who co-edited the volume. Among them are Michael Chong – author of the woefully inadequate and hugely problematic Reform Act 2014 that creates more problems than it solves; Liberal Scott Simms (author of no particularly terrible bills that I can think of off-hand, but we’ll return to him in a moment), and NDP MP Kennedy Stewart, whose passion for democratic reform gave us e-petitions and an attempt to financially penalise parties who don’t run an adequate number of women in elections. Wherry’s premise of the piece – maybe it’s time to reform Parliament and not the electoral system?

The problem is, “reforming Parliament” is a bit of a mug’s game so long as MPs don’t actually know what their own job is – which is most of them, incidentally. And given what Wherry has mentioned in his preview of this forthcoming book, some of these MPs don’t know either. For example, Kenney Stewart is moaning that limited time that backbenchers have to table initiatives. If he needs a reason why, it’s because MPs aren’t lawmakers. That’s the government’s job. It’s the backbenchers’ job is to hold the government to account. You don’t do that when you’re spending your time and resources pursuing your own hobby horses and initiatives, and that’s a problem.

Scott Simms, meanwhile, wants to propose some mechanism for backbenchers from provincial legislatures to “pass motions for consideration by the House of Commons.” Err, really? Again, they have their own work of holding their own provincial governments to account, not to mention they have their own jurisdiction to worry about without meddling in the federal government’s. That’s why we have orders of government. Oh, and Chong? Worries that it’s not about how MPs are elected but what happens to them once they get to Ottawa. Of course, I’ve written time and again (and again, and again) about why his bill didn’t actually solve any problems, but in fact exacerbated them because the real problem is the way in which we select party leaders. He doesn’t seem to be in any hurry to fix that problem, or even public acknowledge that it’s at the root of the problems we have with our parliament currently.

Of course, it’s a good thing that there’s another book coming out before theirs which actually tells MPs what their jobs are and provides some clear-headed thinking about the system. (Yes, that was a shameless plug. You’ll be hearing a lot of them over the next few weeks).

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Roundup: Chong’s solutions seeking problems

While Conservative leadership hopeful Michael Chong is trying to run a campaign based on actual ideas rather than cheap slogans, it needs to be pointed out that not all of his ideas are good ones. The latest example is his plans to stop the “abuse of parliament,” taking a few gratuitous swipes at the legacy of Stephen Harper along the way. The problem is that, like his ill-fated Reform Act of 2014, Chong has a bunch of solutions in search of problems. In this case, he wants to look at the issue of prorogation.

https://twitter.com/michaelchongmp/status/818523622126026752

Did Stephen Harper abuse prorogation to avoid a confidence vote? Yes. Did he later abuse it in a much more cavalier fashion by phoning up the GG on New Year’s Eve in order to prorogue parliament for the duration of the Vancouver Olympics? Absolutely. Is changing the rules, or “establishing a new constitutional convention” the answer to what happened? Absolutely not. (Also, I’m trying to think of when Liberal governments prorogued parliament to avoid non-confidence votes or debates over scandals at the federal level, as he alleges, but I’m drawing a blank).

The problem with trying to ensure that a PM can’t shut down parliament to avoid a vote of non-confidence is that the alternatives are always worse. Chong proposes that Parliament sit an additional two days to deal with unfinished business and votes before dissolution or prorogation is granted, but this is inherently problematic. Aside from the fact that it gives no time for bills to pass with proper scrutiny, it sets up a situation where a government that has lost the confidence of the chamber has a grace period for pushing through legislation, regulation, or Orders in Council. That’s a problem. The demand that Parliament meet two weeks after a general election (rather than six to eight weeks) is also mystifying. I know that Mark Jarvis and company thought it was a swell idea in their Democratizing the Constitution book, but what problem is it solving? It’s a major logistical challenge to get 338 MPs to Ottawa in two weeks, get them offices, orientation sessions, oaths sworn, and a cabinet chosen and sworn in, not to mention the entire transition of a government and writing a Throne Speech in two weeks. The rush to test the confidence of the new chamber is a bit of a false premise considering that barring the formation of a coalition government, it’s a pro forma exercise. If the GG is genuinely concerned that the PM won’t have confidence, he or she either won’t appoint them as PM, or he or she won’t start signing Orders-in-Council or making appointments until that confidence is tested. It does absolutely nothing to rein in the power of the PMO or to hold a government more accountable. If anything, it would lead to bigger problems because as the saying goes, haste makes waste, and this is a lot of unnecessary haste.

If you want something that will have a more meaningful impact on the practice of prorogation, then restore the tradition of a prorogation speech, which forces a government to justify why it’s doing so in a public manner and to explain their accomplishments rather than just being able to phone up the GG when Parliament isn’t sitting. (More on this in my forthcoming book). It will have a greater impact than anything that Chong suggests with this plan.

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Roundup: Private islands and tall poppies

Another day, another excuse found for the Twitter-verse to light their hair on fire over something Justin Trudeau did. In this case, it was the fact that it was disclosed that he spent his holidays in the Bahamas at the private island of the Aga Khan, citing that he is a long-time personal family friend and yes, he repaid the costs of flying the Challenger to Nassau. And boom, they were off. The fact that successive governments have funded initiatives from the Aga Khan Foundation is suddenly “proof” that this is some kind of conflict of interest, and of course at least one Conservative leadership candidate is citing this as some kind of proof of broken rules and violated ethics, other Conservatives going one step further to crying that this is some kind of slap in the face to all of those out of work Albertans.

Are you serious?

While you have some columnists like Chris Selley going “See! See! This is why we need to know where the PM goes on holiday!” I’m still not seeing where the actual conflict of interest is here. The Aga Khan does not get money from the government – his Foundation does, and that’s not the same thing. Assuming he were to lobby Trudeau while he was there, what would the result be? Some more money for a maternal and child health programme? Some more school books for Syrian refugee children? Wait, let me clutch my pearls over that. The only thing that did pique my curiosity in the slightest was that this was not run by the Ethics Commissioner, as seems to be the thing to do these days, but again, not actually seeing where there’s a real conflict here.

Part of what I suspect is at work here, particularly around comments like Rempel’s, is the reflexive pettiness that Canadian journalism stokes around any kind of conscious display of wealth or privilege by our political class. Yes, Trudeau has a foot in the world of the global jet set, owing in part to his upbringing and father’s international celebrity (which he has since adopted), and it’s been a long time since we’ve had a PM like that. The last guy was so hell-bent on curating this image of being a boring minivan-driving hockey dad (despite the fact that he never drove a minivan, always worked a job that was either in politics or political advocacy and as far as I can tell, his kids never actually played hockey), and was part of a political crew who thought that doing more than serving Ritz crackers and ginger ale for a diplomatic reception was some kind of affront, that it’s seeped into our political discourse to ill effect. Couple that with this ethos in the journalism community that has tried to preserve this somewhat faux blue-collar anti-elitist aesthetic that they jump to participating in this kind of tearing down, pretty much proving the rule of tall poppy syndrome that exists in this country, and add in a dose of the lazy drive to push cheap outrage stories, and we get more of this tiresome concern trolling. Once again, the details of this story are fairly academic, but I’m not seeing either the smoke or the fire. Except for where they’ve set their own hair ablaze yet again, of course.

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Roundup: Dragging in the GG

The performative outrage against Trudeau’s Castro comments reached a new low yesterday with the announcement that the Governor General would be attending the commemoration in Havana as the Canadian representative. Despite not being a leadership candidate (thus far), Conservative MP Michelle Rempel took to Twitter to perform some more outrage, and dropped these particular gems.

It wasn’t so much that my head exploded. More like a piece of my soul died in utter exasperation because I know for a fact that she knows better. Misrepresenting the role of the Governor General is a particularly terrible thing to do, particularly giving the impression that you can write to him (or worse, the Queen) and he’ll somehow override the Prime Minister and the government of the day for your own partisan benefit. No, it doesn’t work that way, and its antithetical to the entire foundation of our system of government. And giving your follows completely the wrong impression about how Responsible Government works for the sake of some temporary passing performative outrage for the issue of the day is particularly heinous because it poisons the well. And this is what trying to stir up populist outrage does – it poisons the well for all of politics, particularly when you misrepresent things for temporary advantage. I get that there is political theatre, and that in the age of social media you need to be performative to a degree, but for the love of all the gods on Olympus stop undermining the whole system. When you stir up this hornet’s nest, it will come and bite you just as much as it does the government of the day, and we will all be left with a giant mess like we’re seeing south of the border. This is not something we want to import or emulate, no matter how many points you think it will win you temporarily. Only madness lies along this path, and the damage is insidious and incalculable, particularly when it comes from people who actually know better. It’s not a game. Stop treating it like it is.

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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: Chong’s plans are a start

While new Conservative leadership candidate Steven Blaney decided to come out swinging with a niqab ban policy designed to appeal to those Quebeckers still hot for the idea and to give Kellie Leitch a run for her money, Michael Chong also came out with some policy yesterday morning – much more modest policy in line with how he thinks he could start to change parliament for the better if he were party leader. Because it’s not big policy pronouncements, it’s more in keeping with the kinds of things that leadership candidates should be focusing on, but that said, there are a few problems with what he laid out. I tweeted some of those concerns earlier, but I’ll elaborate a bit more.

So yes, Chong made a valiant attempt at doing this with this Reform Act, but it got so watered down in his amending the bill to get it passed that it rendered it useless, and the veto went from the party leader to their designated surrogate. This is a promise that is more difficult than it sounds because there does need to be a quality control mechanism in place (which is why it was introduced in the first place), but it also needs to be arm’s length from the leader, and Chong’s previous proposals for such an officer didn’t fly. He’ll need to try and thread this needle much more carefully going forward.

This one bothers me a fair deal because it’s buying into the nonsense that the Liberal Party has been spreading with their reforms to their party constitution. They claim it’s about “modernizing” the party structure and making it more responsive, but it’s more about populating databases, so that when they come out with top-down policy pronouncements, they can use their Big Data approach to justify anything. If other parties want to simply populate their own databases to target or micro-target policies even more that the Conservatives did during their decade in office, this isn’t actually good for democracy, and it’s not actually good for the grassroots. You don’t have people who are quite literally buying into the process (thus putting some skin in the game) and having an interest in their responsibilities as members when it comes to policy and nominations. It devalues membership, and I do think that’s a problem.

Promising reforms to the way the Senate operates while billing this as part of a package of giving power back to the grassroots is curious, but I’ll run with it only so far as to say that Chong shouldn’t actually be trying to out-Trudeau on this. Trudeau has put some things in motion that are not actually for the better, be it centralizing power in his own caucus, or trying to weaken the accountability role of the Senate, while his current “representative” there is trying to upend the whole system so that he can be the true bureaucrat that he is and empire-build, co-opting the whole burgeoning independent system for his own ends. Chong not grasping the constitutional role of the Senate Speaker, or the role of the Government Leader under Responsible Government is worrying, and I do feel like he should know better and not just try to play the reform-for-the-sake-of-reform card. That becomes a very dangerous thing under our system, especially because the system is not broken, so we should stop trying to break it while insisting on fixing problems that don’t actually exist.

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