Roundup: A reasonable plea for restitution

Retired Senator Sharon Carstairs is looking to be reimbursed for some $80,000 in legal fees after being caught up in the Auditor General’s report on expenses, and it’s a tale that exposes how shabbily many senators were treated in the wake of that report. To recap, that AG report essentially made up a bunch of rules that did not exist, particularly around how many days a year constituted “primary residency,” which Carstairs got caught up in. And in a rush to show the public that they were taking this report seriously, the Senate turned over the report directly to the RCMP, and Carstairs was left trying to keep her reputation intact, hence retaining counsel and trying to explain that she hadn’t broken any rules.

What needs to be repeated again with this story is just how problematic that AG report was. When the Senate later retained its own counsel to go over that report to see if they should try to sue any of the senators who had refused to repay or seek arbitration for the identified sums (which included Carstairs), that legal review laid bare the arbitrary rules that the AG imposed as part of his review, and essentially how shoddily it was done. And I know several senators who simply opted to pay back the sum rather than keep fighting it because they wanted it to go away – Carstairs refused, and it looks like she’s going to be punished for it, whether financially with the loss (the maximum reimbursement for legal fees under Senate rules is generally $25,000), but also with the loss of reputation. I would hope that the Senate has had enough time since the audit that they can now revisit this case and offer the apology and what restitution they can, and admit that they were hasty in their actions because they were trying to appease a public that was baying for blood post-Duffy, for what good it did them. I would also hope that more of my media colleagues would also start calling out the AG for the problems in his report when cases like Carstairs’ come up again in the media, but I suspect that won’t happen, as we pay far too much deference to him as being untouchable and infallible, when clearly that’s not the case.

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Roundup: A mystifying new delay

It yet another attempt to throw a spanner into the workings of the legislative process trying to bring genetic privacy legislation to fruition in this country, the government has decided to hold yet more consultations while they simultaneously are attempting to gut the bill at report stage, despite the objections of the Senate (which passed the bill originally) and the Commons justice committee, which studied the bill, heard from witnesses, and gave it an all-clear.

Jody Wilson-Raybould is suddenly brandishing letters from three provinces who have “concerns” about the constitutionality of the bill, despite the fact that they never objected in the years – and I will stress years – that this bill has been wending its way through parliament, both in the previous parliament and the current one. Seven provinces indicated support, and there are legal and constitutional scholars that have testified that the mechanisms in the bill are perfectly sound and within federal jurisdiction. None of this should be in dispute, but for as much as the government professes to care about this issue, the fact that they are quick to try and gut the bill and leave it up for a patchwork of provincial laws for the insurance component of genetic discrimination – which is a very big issue – it’s mystifying. I have heard grumblings that the only kinds of bills that they favour are their own, which I get, but at the same time, this is a piece of legislation that has already withstood a great deal of scrutiny and is something that is critically needed, as we are the only western country that doesn’t have these kinds of protections. With any luck, the Liberal backbenchers are going to push back on the attempts to gut the bill and it can move ahead, but right now, the constant delay is lacking coherence.

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Roundup: Nomination shenanigans?

It looks like there are some shenanigans in Liberal nomination races for a couple of those upcoming by-elections, and as many a pundit has been saying today, Liberals gonna Liberal. And you can pretty much chalk this up to one more great big disappointment between the lofty Liberal rhetoric about valuing open nominations and then doing shady things like they have with the nominations in both Saint-Laurent and with Markham-Thornhill.

Part of what doesn’t make sense from an optics perspective is the sudden rush to call the last two by-elections for the two most recently vacated seats. In both Ottawa-Vanier and the two Calgary seats, there has been plenty of lead-time and nominations happened with nary a peep, but in the last two, the sudden rush has meant problems. With Markham-Thornhill, they retroactively cut off membership sales, which is presumed to help the “chosen” candidate, former PMO staffer Mary Ng. Ng’s campaign says they lost hundreds of registered members too, but again, this is about optics. Meanwhile in Saint-Laurent, a current Montreal borough mayor was declared not to have passed the green-light committee but they refuse to say why, which is seen as clearing the path for “star candidate” Yolande James (though there is still one other candidate, so it’s not an acclamation). But while they may have reasons for not greenlighting said borough mayor, the fact that they refuse to say why is again a nightmare for optics when this is supposed to be the party of openness, transparency and open and fair nominations.

Part of why this is such a disappointment is because we really need to push back from party leaders’ interference in nomination races if we want to restore the balance in our politics. That’s not to say that there shouldn’t be safety mechanisms in the event of hijacked nominations (because there absolutely should be), but those mechanisms shouldn’t be the leader’s office. A strong grassroots is essential in our system, and with every time that the leaders and their offices interfere (because they feel emboldened to thanks to the bastardized system of leadership selection that we’ve come to adopt and go full-bore on at every single opportunity), we choke off the most fecund part of our democracy. Shenanigans and the apparently hypocrisy of proclaiming open nominations while appearing to play favourites undermines the bottom-up practice of politics, and it’s something we as Canadians need to push back against in every party.

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Roundup: A jobs crisis report rooted in fancy

The Conservatives released their Alberta Jobs Taskforce report yesterday – a make-work project to make it look like they were paying attention to the plight of the province’s resource-driven downturn, never mind that it wasn’t going to actually do anything because they’re not in government. The eleven recommendations that it came up with were…ambitious. I won’t say magic (such as the Ontario NDP’s Hydro plan, also released yesterday, relied on), but I will say that it relies a lot on wishing and hoping instead.

To start off with, the top recommendation is to eliminate the proposed carbon tax – which is provincial jurisdiction, not federal, to be clear – and to reduce corporate and small business taxes along with reversing CPP contribution increases. These are typical Conservative bugaboos, so it’s not a surprise we would see these recommendations. “Reducing red tape” for resource projects? It’s like the Conservatives forgot that when they tried to do that when they were in office, it backfired on them and created even bigger headaches as the lack of due diligence, particularly around dealing with First Nations, landed them in court numerous times. Encourage retraining? Provincial jurisdiction. Review EI to “improve efficiency”? You mean like their ham-fisted attempt at doing that a couple of years ago that cost them every Atlantic Canadian seat that they had? Recommendation five is particularly interesting because it calls on both a) reducing red tape for starting small businesses while b) creating tax credits to hire unskilled workers. Ask any small business and they’ll tell you the worst red tape is the complex tax code, so asking for the creation of yet more tax credits is to work against the first demand. Coherence! Implement programs to encourage hiring of recent graduates (sounds like big government), while increasing financial literacy across Canada? Erm, how does that actually help youth? I don’t get the connection. Lower interprovincial trade barriers? Well, considering that every government has tried doing that since 1867, and that the Conservatives didn’t make any tangible progress in their nine years in office, I’m not sure that Alberta hurting now is going to suddenly fixate everyone to solve that problem. Adjust domestic policy to the new Trumpocalypse reality? Seriously? There is no policy coherence coming from the States, so how can Canada “adjust” to it? Reform credentials-matching for new immigrants and the Temporary Foreign Workers Programme? Again, if it were easy, the Conservatives would have done it when they were in power. And finally, balance the budget? How does this solve Alberta’s job woes? Oh wait, it doesn’t. It’s just yet another Conservative bugaboo that they’re trying to hit the government with, using Alberta’s jobs crisis as the cudgel.

I’m sure that they spent time on this, but honestly, I’m less than impressed with the suite of recommendations. The lack of coherence and insistence that nigh-intractable problems should be solved now when they haven’t been for decades is more than fanciful.

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Roundup: About that two percent

Part of the preoccupying discussion over the weekend has been comments that Donald Trump made regarding the two percent of GDP spending target as a NATO obligation, and his threats to be less responsive to the alliance unless countries pony up to that level. Never mind that it’s not an actual obligation (Article 5 – the notion that an attack on one member country is an attack on all – is the actual core of the alliance), it’s become a fixation, and that could be a problem for Canada, no matter the fact that we actually show up and do the heavy lifting. To translate heavy lifting, it means that we haven’t been afraid of doing the dirty work, and getting involved in the actual fighting, as with Afghanistan, in part because we have a system of government that allows the government of the day to authorise it without bogging it down in legislative votes or in coalition negotiations where the reluctance to put troops into harm’s way means that most NATO countries wind up deploying troops with very restrictive caveats as to what they can and can’t do, and deploying them to areas where they are less likely to see active combat. (This, incidentally, is generally another caution about PR governments, but I’m sure there are those who would say that this is a feature and not a bug. Those people would be overly idealistic). That heavy lifting should count for something beyond just spending levels.

Paul Wells walks us through some of the history of the two percent target, and why it’s a poor measure of results, as well as some theorizing about why Donald Trump is fixating on that target as much as he is. Likewise, NATO scholar Stephen Saideman engages in some two percent myth-busting here. And Philippe Lagassé offers some additional thoughts about those spending targets and what could be a better measure.

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Roundup: Brace for blanket coverage

Today is the big day, and it’ll be wall-to-wall coverage of Justin Trudeau’s big meeting with Donald Trump, and we won’t be able to talk about anything else I’m sure. So here we go. At Trudeau’s meeting with Donald Trump he will apparently be seeking assurances on pre-clearance issues, while they will also be having a working lunch where the topic will be women executives. No, really. And the tone now is apparently going to be business instead of “love-in” (though I’m not sure anybody has had a love-in with Trump).

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The Conservatives are “pausing their hostility” with Trudeau in advance of the meeting, apparently showing solidarity in advance of it (though you wouldn’t have known it from QP last week). Here we have some advice from a former Canadian ambassador to Washington, while Anne Kingston wonders which version of Trudeau will be at the meeting. Marc Garneau, who chairs the Canada-US cabinet committee, says that today’s visit won’t focus on our countries’ differences. And Tristin Hopper offers some slightly tongue-in-cheek advice for the meeting.

And then there’s the historical context. Here’s a look at how previous PMs have dealt with unpopular presidents, and the lessons taken from Trump’s meetings with Theresa May and Shinzo Abe. Maclean’s has a photo reminder of meetings going back to the seventies.

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Roundup: The spectre of a Leitch Party

A rather remarkable exchange happened during Trudeau’s visit to Nunavut when he was pressed about his electoral reform promise. Trudeau responded to his questioner “Do you think Kellie Leitch should have her own party?” and laid out a realistic case where parties like that can hold enough seats to affect the balance of power in a parliament. His questioner was taken aback and “respectfully disagreed,” which isn’t surprising because the narrative we are always given when it comes to proportional representation is that it will give us nice left-wing coalition governments forever, which is certainly not the case, and we need to challenge that particular narrative more often, and to point to what’s happening in Europe right now. And to be honest, I’m glad that Trudeau is being a bit more forceful on this point about the potential rise of extreme parties and that such a system would be bad for Canada. Big tent parties have done a lot for this country, and have moderated a lot of regional tensions within them.

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Of course, Trudeau bringing up Leitch in such a manner could have unintended consequences of its own.

In a not unrelated note, Michelle Rempel was at an immigration conference in Montreal, and she noted her frustrations in bashing her head against her own party as much as she was with the Liberals that she is critiquing. And she made some very salient points in here about how we can’t pretend that we’re immune to populist rhetoric in this country, because we have a history of it bubbling up (hello 1993 election) and the sentiments still exist here where you have groups of disenfranchised people looking to blame Others. And this brings us back to why changing our electoral system to give incentives to these elements to form their own parties and try to win seats that they can use to leverage power is a very real and present danger. Add to that, there are concerns from experts in the field that the anti-immigrant rhetoric in the States is bubbling up here and fuelling a rise of racism in this country because it’s being seen as more socially acceptable.

So do we change our system to incentivise these voices to better organise and try to win themselves political leverage? Or do we do we maintain institutions and practices that have been successful in dispersing these elements because they know that there is no pathway to victory by pursuing it? It seems to me that it’s a fairly simple answer.

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Roundup: O’Leary’s debate debut

Saturday night was another Conservative leadership “debate,” and again I use the term loosely because there was very little debating going on. Yes, this particular event did offer more chances for rebuttal, but given that it was staged and structured like the most boring academic conference ever (all it was missing was a line-up at the floor mic for people to give fifteen minute speeches in the guise of asking questions to the panel), we still didn’t get a lot of candidates challenging one another. Not that it didn’t happen – it did, but most of the candidates spent their time taking shots at either Kevin O’Leary (particularly deriding him as not being a Conservative), and Maxime Bernier (most especially around his ideas about equalisation, which, to be fair, are a bit daft).

Going after Bernier may not seem like the think you would expect, but he has been leading the race in terms of fundraising, which is not an insignificant thing. One does have to wonder, however, if there are enough self-described libertarians in the Conservative Party to give him the edge he needed. Bernier, incidentally, says he was being attacked because his opponents are afraid of his position on equalisation. And to be fair, he’s probably right, but not for the reason he thinks, but rather because it has the potential to severely damage the party in the more “have not” provinces of the country, most especially in Atlantic Canada, where they already have zero seats.

As for O’Leary, this was his first real event on the campaign, and he didn’t exactly sparkle, but he did stand out from his competitors a few times, both when he refused to criticise the country’s justice system, pointing to his experience abroad, and in the kinds of shots he took at the current government, which were of a more brash tone than other candidates were taking. He also played his ethnic cards, saying he would consider it a personal failure if Lebanese Canadians didn’t all take out party memberships and declaring that he “owns the Irish vote.” Okay then. Will his brashness that help him? Maybe, considering how very milquetoast most of his competition has been, and the crowd who laps up this populist demagoguery seems to love people who “tell it like it is.” O’Leary, meanwhile, shrugged off the attacks and kept his cool, and didn’t take the bait and made a point of directing his attacks to Trudeau (and premiers Wynne and MacNeil) instead of his fellow candidates.

And the rest? Lisa Raitt had her best night ever, possibly bolstered by the fact that it was a bit of a hometown crowd for her, and she seems to be making her working-class roots that much more of her narrative, but I’m still having a hard time seeing what kind of direction she proposes to lead the party in other than “I’m everything Trudeau is not.” Also, props for bringing up that Globe and Mail piece on “unfounded” sexual assault rates and challenging the government to do something about it. Brad Trost and Pierre Lemieux were laughable, Chris Alexander seemed to be doing a lot of “me too” to the points of other candidates – most especially Raitt – but had nothing really new to say. Andrew Scheer made a point of being parochial, Michael Chong remains the grown-up at the table which probably dooms his campaign, and for as middle-of-the-road as he is, everyone was quoting Erin O’Toole’s big line of the night saying “We don’t beat the celebrity-in-chief with another celebrity-in-chief.” The problem is that nobody quoted the second half of his statement where he brought up Robert Stanfield as the model to follow. Remember Stanfield? Who never beat the celebrity PM of his day (being Pierre Elliott Trudeau) and who never became prime minister? Yeah, not sure that was the wisest analogy. Also, O’Toole kept making Silence of the Lambs references, but completely wrong ones. He thought he was being funny by calling all 32 Atlantic Canadian Liberal MPs “lambs” who were “silent,” when Silence of the Lambs is about a cannibal and a serial killer. Not sure that was appropriate. Oh, and about eight or nine candidates need to drop out by oh, yesterday, because at this point, they’re going to start doing more damage than good.

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Meanwhile, Peter MacKay says that Leitch’s immigration policy is going to damage the party, while Michelle Rempel lists the things she’s looking for in making a decision about a leadership candidate (and spoiler: Kevin O’Leary wouldn’t make the cut).

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Roundup: Is there a regional trade-off?

Canadian public affairs blog In Due Course published a piece on the weekend wherein Joseph Heath offers a few things to consider with how a Conservative party would deal with Quebec under a proportional representation system where the calculations are different. It’s interesting and he raises a lot of very good points. And predictably, proponents of PR went to question all of his points, particularly about the fortunes of the Bloc Québécois (and to a lesser extent the Reform Party) under the current first-past-the-post system.

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The problem with cherry-picking individual election results like 1993 is that it doesn’t take a broader view of the system’s resilience as a whole. Over the longer term, regional parties in this country may do well for an election cycle or two at the most, but they have no capacity or room for growth, and that’s why the big-tent brokerage parties will always regain strength and power. What it also does is say that when these kinds of regional movements do take hold, that their grievances and desire to punish parties in power (which some Bloc votes have been about) is illegitimate.

Indeed, as Emmett Macfarlane points out here, focusing on geography misses the point when you look at how the big-tent parties are forced to craft policies that will appeal nationally and won’t explicitly write-off regions.

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Coyne is also dismissive of “safe” ridings or regions, but I’m sure that we’ve seen time and again that there is almost no such thing as a “safe” seat or riding, particularly when there are swings in the public mood. Again, that’s not a bad thing, and one could argue that in a properly functioning House of Commons, “safe” seats can be a bulwark against too much power in the leadership because MPs with “safe” seats that have no prospect of getting into cabinet are more likely to push back against what they see as intrusions by the leader because they have little to lose. (Granted, this is more keenly demonstrated in Westminster because their leaders don’t have the ability to sign off on nomination forms like they do here, and their leadership selection process has been different until recently, but the point still stands).

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Part of the problem here, which Coyne does admit, is that defenders of different systems are approaching the issues in different ways. But defenders of the current system don’t necessarily foresee a future dystopia as warning that if you’re looking for changes to the electoral system to fix what is perceived to be broken here, you’re going to find that it’s not actually going to fix things, and it certainly won’t result in this kind of democratic utopianism that most PR advocates proclaim.

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There is also the fact, and I cannot stress this enough, that Canada is not the same as most other countries. While we are not Israel in terms of its politics, we are also not a Scandinavian country either, so expecting their results to translate here is just as much of an over-reach and a fiction.

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That’s why we need to approach this very carefully. (Well, I say we need to smother the electoral reform consultations entirely, but that’s just me). Too many people are simply pointing to Norway or Sweden and saying “Look! See how great it is!” when they should also look at the vast dysfunction of Belgium (which is a far better analogy if you look at our systems and cultures), or even Australia, where their proportionally-elected Senate is an utter gong show. But cherry-picking data – on both sides – doesn’t actually help further the debate.

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Roundup: The business of selling seats

Kevin O’Leary went on television on the weekend, because of course he did, and then said a bunch of nonsense. Because of course he did. This time, it was to whine about how it’s not fair that rich people can’t fund their own campaigns, and to say that he thinks that the Senate should be a profit centre rather than a cost, and charging people $100K to $200K per year for the privilege of sitting there. No, seriously. He has said he thinks it’s fine to sell seats in a house of Parliament, and nobody challenged him on that point of the fact that it’s grossly unconstitutional. (Only a later update of the story added quotes from Emmett Macfarlane that appeared to be what he tweeted on the subject).

Not only that, but you immediately had a bunch of chuckleheads showing up on the Twitter Machine going “a plain reading of the constitution would say this is allowed” without any hint that they are being ironic. Before Leonid Sirota beat me to the punch, I was going to remind everyone that the idea of selling Senate seats came up during the Supreme Court of Canada hearing on the Senate reference, where Justice Cromwell cornered the government’s lawyers on the question of “consultative elections” and how they wouldn’t require a change in the constitution. “If consultative elections are allowed, then why not a consultative auction?” asked Justice Cromwell, and well, the government lawyer had to basically swallow that one. (To remind you, they ruled that consultative elections are not allowed without a change to the constitution).

I would also add that for as much as we’ve (rightfully) lambasted O’Leary on this ludicrous idea, the NDP and others have been floating around a similar idea in the past about defunding the Senate and making it a volunteer position – you know, so that just like O’Leary’s plan, it becomes available to only the super-rich who have the time and resources to devote to doing the work. Because that’s exactly the kinds of people we want to fill those seats. Not to mention, if O’Leary thinks that Senate seats should be up for sale, why not any other federally appointed position – judges, heads of tribunals, Commissioner of the RCMP? All profit generators instead of a drain on the taxpayer, right? Yeah, no.

On a related note, O’Leary said that if he does win the leadership, he wouldn’t be in any rush to run in a by-election but would spend time crossing the country to gather support. Because this is what happens when you don’t insist that the leadership be from caucus. It elevates the position above what it should be, and diminishes the role of caucus and the value of a seat in parliament. Leadership races should be by caucus selection, not membership vote. We’ve bastardized our system enough, and we need to reign it in.

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