Tag Archives: PCO

Roundup: Skirting the Charter

Posted on by

It was a late-night sitting in the Senate to deal with more amendments to the assisted dying bill, and in the end, amendments that would include advanced directives in the bill were defeated. Part of the debate was that more time was needed to study the issue, and the mover of the amendments, Senator Cowan, made the very trenchant point that while the bill mandates the government to study the issue within 180 days of passage, there is no guarantee that they will do anything with it other than issue a report that will gather dust, because as we’ve been exploring lately, MPs tend to be rather spineless and because this is a tough “moral” issue, they will refuse to discuss it until forced to by the courts. Again. Meanwhile, a background paper on the bill was released by the justice minister that stated that they didn’t need to strictly follow the Supreme Court’s Carter decision because they were trying to articulate new principles about trying not to normalise suicide among the elderly and disabled. It seems to me that this is the very same logic that the previous government employed in their crafting new prostitution laws, which went around the very issues that the Supreme Court dealt with (the safety of sex workers) and tried to craft legislation that was inherently denunciating rather than which tried to put in place a better regime. That has yet to be challenged in the courts, but it is coming. In this particular case, it does seem like an attempt by the government to try and circumvent clear direction by the Supreme Court on how they have interpreted the Charter in this instance, as Carissima Mathen points out below, it’s not like they can simply say “new law!” and pretend that the existing Charter jurisprudence doesn’t exist, because it clearly does. Is this the way that this government purports to deal with the constitutional dialogue with the courts and push back against them? Maybe. But it also seems like they are flirting with a bill that is unconstitutional to try and keep themselves from pissing off too many interest groups, be they religious or the disabled community, despite the fact that there seems to be clear interest from Canadians that they want this kind of law in place (and in particular, advanced directives if you believe what senators say they are getting in terms of the feedback from Canadians). Of course, they could very well find themselves “forced” by the Senate to provide enough political cover (which I still think is a very distinct possibility), but I am getting the sense that we are now seeing the “campaign from the left, govern from the right” sensibilities starting to emerge in this current Liberal government.

https://twitter.com/cmathen/status/742528101364551680

https://twitter.com/cmathen/status/742531190243135488

Continue reading →

Roundup: Constitutional conventions are constitutional

Posted on by

There was another example of the shocking level of civic illiteracy in our elected officials yesterday as Green Party leader Elizabeth May again trotted out the canard that political parties aren’t in the constitution. She was making a perfectly good point of privilege around the way that independent MPs and those from not officially recognised parties are being adversely affected by rules changes that are being carried forward from the last parliament, and that’s fine, but she’s shockingly wrong about the constitutional status of parties. Why? Because while political parties are not literally in the Constitution Acts of 1867 or 1982, they are part of the grounding framework of our system of Responsible Government, which is in and of itself a constitutional convention – part of our unwritten constitutional inheritance from the United Kingdom. It shouldn’t need reminding but apparently it does because apparently nobody learns civics any longer, but constitutional conventions are constitutional. In fact, they are just as enforceable as elements of the written constitution. And lo and behold, the preamble to the 1867 Act is:

Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom

This is exactly where our Responsible Government framework lies. The UK has an unwritten constitution, and its constitutional conventions have stood the test of time, and this is precisely why May and others who follow her logic are dead wrong. Parties are at the heart of Responsible Government because it’s how a government gains and maintains confidence. The system simply cannot hold with hundreds of “loose fish” all vying for attention and reward. (If you try to bring up the party-less territorial governments, smack yourself upside the head because you simply cannot scale up a consensus model from 19 members in NWT or 22 in Nunavut to 338 in Ottawa. It is a complete impossibility). Does that mean that we don’t currently have problems with the powers accumulated by party leaders? No, we absolutely do, but that’s also because we tinkered with the system of selecting those leaders, presidentializing them with massive membership votes rather than caucus selection that keeps them accountable in the Responsible Government tradition. But parties are absolutely essential to the functioning of our parliamentary system, and the fact the written portions of our constitution are silent on that fact is indicative of absolutely nothing. If one relies solely on the written portions and not the constitutional conventions, they are wholly ignorant of our system of government, and need to be called out as such.

Continue reading →

Roundup: A stake through the grassroots

Posted on by

Congratulations Liberals, you have once again made things awful for the proper functioning on Canadian democracy, as you so often do. In fact, most of our democratic ills in this country can be traced directly back to Liberal “innovations,” like delegated leadership conventions, which removed caucus accountability of the party leader, to the “supporter class” of leadership selection – removing any and all accountability the leader had – and now you’ve decided to eliminate party memberships to further erode what accountability was left in the party system so that all of the remaining power can be centralised in the leader’s office and Big Data can be used to justify any and all policy decisions rather than allowing them to come from the grassroots. Well done! Oh, but no need to worry – Justin Trudeau totally promised that this wasn’t about centralizing power and taking it away from the grassroots (just the regional power brokers, natch), so no need to worry! Absent from that assurance was anything about accountability, which isn’t surprising given the way the history of these attempts to “democratize” things happen in this country. I’m not saying that the party didn’t need to update its various constitutions into a single body. That’s fine. But memberships are actually an important thing for the role of a political party in our democratic system. And while I get that the “supporter” category during the leadership was instrumental in populating the database that they’re so very proud of for their new digital future, it doesn’t erase the role that grassroots members play. While the Liberals are trying to “deconstruct” what a political party is and turn it into a “movement,” it can’t escape that political parties are not just “private clubs,” as the rhetoric around the new constitution has been trying to paint them as (and indeed, rhetoric used going back to the introduction of the “supporter” category during the leadership). And beyond just offering organizational structure within Parliament (which is in itself a Very Big Deal), parties have an interlocutory role to play between the parliamentary caucus and the public at large. It’s why people are supposed to be joining parties – to provide bottom-up ideas and policies, to nominate candidates, and in return, the riding associations act as interfaces to bring local concerns to caucus if there is no local representative. But we’re not taught about the importance of joining riding associations in school, and when the grassroots has weak structures and little power, then it only empowers the apparatchiks in Ottawa at the centre of the party. I fail to see how Trudeau’s new “movement” is going to empower the grassroots when riding associations will be hollowed out in favour of “streamlining” policy proposals via Big Data. The social and community aspects of riding associations are gone because there is no longer anything there for them to do, other than organise nominations every few years. And not only does it weaken the grassroots, it further diminishes the power of MPs (as Peter Lowen writes here) because that power gets centralized in the leader’s office – just as the power of MPs started being eroded when we took away their ability to select and remove leaders. But because we’re not being taught civic literacy, we’re not learning these lessons, and power continues to be centralized. Trudeau has consolidated a great deal of power now, owing to his popularity, and he is accountable to nobody, and the party structures that would place any kind of check on that power are now gone. I don’t see this as a great day for the Liberal party, but one that harkens worse things to come for our country’s political system as a whole.

https://twitter.com/aaronwherry/status/736672242864656385

Continue reading →

Roundup: Gratuitously rejecting amendments

Posted on by

It sounds like deliberations in the Commons justice committee are going about as well as expected, as they reject dozens of amendments related to the medical assistance in dying bill. It should be noted that they’re rejecting amendments from all sides – both the Conservative ones aimed at introducing further restrictions (which should probably just invoke the Notwithstanding Clause along with them because of how they further impede the Supreme Court of Canada’s decision in Carter), and those NDP, Bloc and Green amendments that would make the legislation more permissive, and it sounds like only a couple of minor amendments have been accepted – one Liberal, one Conservative, both fairly technical. All of this is making be believe that we may be headed for a showdown with the Senate, as it sounds increasingly like they are unhappy with the current state of the bill and have grave concerns that it doesn’t meet the constitutional tests laid out in the Carter decision. This could make for a very interesting few weeks ahead if senators decide to dig in their heels – particularly Senate Liberals, who are likely to very clearly demonstrate their independence from the Liberals in the Commons as they take opposition positions on this government bill. We’ll see how far they’re willing to push it, whether they will amend the bill and send it back to the Commons, and if the government decides to push back or not, or accept the judgment of the Senate in its more independent state (as Trudeau has insisted he’s looking to make a reality). More likely, we’ll be subjected to weeks of pundits baying at the moon because how dare the unelected Senate dare to challenge elected MPs even though that’s the whole point of the institution in our constitution. I can hardly wait for that fun to start. Meanwhile, Aaron Wherry looks at how MPs are dealing with this issue in terms of consulting with their constituents for the upcoming free vote, and how their own religious convictions play into it. Of course, MPs always like to say all manner of things about what their constituents say and believe (and it almost always just happens to line up exactly with their party’s talking points, as if by magic), and given how completely spineless most MPs tend to be on tough issues like this, we’ll see how they wind up deciding when the final vote comes down.

Continue reading →

Roundup: Getting their attention

Posted on by

The upcoming trip to Washington DC continues to headline the news, and introducing Trudeau to the American audience was that segment on 60 Minutes, which wound up being fluffy and pretty lazy – particularly when they used a photo of actress Kim Cattrall in place of Margaret Trudeau. Oops. The celebrity factor could still play well for Trudeau, as it allows him to reach Americans in a way that most other politicians can’t, and it could serve Canadian interests well if we can push forward on some of our issues while we have their attention. One of those issues is softwood lumber, which is up for re-negotiation, but may wind up being another fraught battle, between changing circumstances since the last deal, and American election season making any deal on their end unpalatable, but at the same time, it could wind up back in endless litigation, which one expects that nobody wants to deal with. While Trudeau may not be able to get the issue solved on this visit, it could be an opportunity to get some wheels in motion and put some momentum behind it. But then again, with everyone concerned about the optics of the state dinner, and the celebrity aspects that come with it, we’ll see if any actual issues will penetrate the American consciousness.

Continue reading →

Roundup: A vote for support

Posted on by

We have the motion on the Order Paper now for the debate and eventual vote on the newly refocused mission in Syria and Iraq, and to the relief of those of us who care about things like Crown Prerogative and the powers of the executive, it’s crafted simply in the language of supporting the mission. This is critical, because asking for authorisation is a giant can of worms that nobody really should want to even contemplate opening, but even with this language, it’s going to cause headaches going forward. To recap, asking for authorization is something that launders the prerogative and thus the government’s accountability. When something goes wrong, they can shrug and say “the House voted for the mission,” and to varying degrees, the Harper government did this, particularly with relationship to Afghanistan. These non-binding votes are a rather unseemly bit of political theatre that purports to put the question to MPs – because apparently they need to have buy-in when we send our men and women in uniform into danger, or some such nonsense – and it gives parties like the NDP a chance to thump their chests about peacekeeping and pandering to pacifistic notions (and does anyone seriously buy that nobody is trying to stop the flow of money, arms and fighters to ISIS without Canada butting to the front of the line to finger-wag at them?), and parties like the Conservatives a chance to rail that they were doing so much more when they were in charge (when they weren’t), or when they were in charge, to pat themselves on the back for everything they were doing (when really, it tended to be a bare minimum at best, or a symbolic contribution at worst). Of course, all of this could be done with a simple take-note debate without a vote, which is how it should be, because a vote implies authorisation, and that’s how the NDP have read each and every vote in the past, and they will loudly remind everyone in QP and elsewhere about it. Trudeau has been trying to keep expectations measured by saying that they recognise the role of the executive in making these decisions – but he went and proposed a vote anyway, muddling the role of MPs in this situations like these. That role, to remind you, is to hold the government to account, so if you’re going to have a vote on a military mission, then one might as well make it a confidence vote because foreign policy and control of the military is at the heart of the Crown’s powers. (These authorisation votes that aren’t confidence measures are playing out in the UK right now, which is making a mess of their own system, for the record). Trudeau should have known better than to continue this pattern of confusion and left it at a take-note debate, like it should be. A vote, whether it’s an actual authorisation or just a declaration of support, only serves to make the waters murky, which we need our governments to stop doing before they do lasting harm to our system of Responsible Government.

https://twitter.com/pmlagasse/status/698151173568729088

https://twitter.com/pmlagasse/status/698151589626966016

https://twitter.com/pmlagasse/status/698151991277723648

https://twitter.com/pmlagasse/status/698152397277917184

https://twitter.com/pmlagasse/status/698153619657461760

https://twitter.com/pmlagasse/status/698154371541032961

Continue reading →

Roundup: Speaker Regan’s futile vow

Posted on by

The Speaker’s lecture about heckling versus ideas on Tuesday continues to make the rounds, alongside the Samara study that I wrote about the other day, but as Nick Taylor-Vaisey concludes, the vows to end heckling won’t last, which is just as well. What gets me are the constant head-shaking about how heckling wouldn’t happen in any other workplace, so why should it be acceptable in parliament. My response would be, and will always be, is that parliament is different, and that it shouldn’t be like any other workplace. Consider it a kind of by-product of parliamentary privilege that keeps the institution self-governing and in its own particular bubble against some of the laws and regulations that apply to other people. Parliament is special because nowhere else does this kind of debate happen, is there an accountability function to be had in open and on public display, and nowhere else is the exchange of ideas both vigorous, theatrical, and relevant to whether or not that MP will continue again past the next election. Once again, I will offer the caveat that yes, there is boorish and sexist heckling that should be called out and stamped down, but that is not necessarily representative of all heckling, and really, we haven’t seen the likes of a “calm down, baby” that made the John Crosbie/Sheila Copps exchanges so much a part of our collective memory. We don’t have MPs singing the national anthem to drown out the other side, or setting off firecrackers. And it’s a safe bet that the vast majority of MPs aren’t showing up for debates inebriated – something that could not be assured during the days of martini lunches and copious alcohol all around the Hill. This is probably the calmest our QPs have been in a generation, and yet we are still faced with these constant admonitions that it’s still somehow terrible. No, it’s not. If Elizabeth May can’t hear, that’s as much a function of the terrible acoustics in the Chamber, where you can’t often hear what’s being said even during the dullest of regular debates, than it is the reactions of those around her. If there is an issue that should be tackled, it’s the constant applause and standing ovations, and the use of scripts that has destroyed the debating ability of our MPs. Heckling is honestly the least of our worries.

Continue reading →

Roundup: A faux national unity crisis

Posted on by

Energy East is going to be a new crisis of national unity, comes the overwrought cries of the Conservatives in response to the opposition of several Quebec mayors, including Denis Coderre, to the pipeline. And you just have to sigh a little and shake your head, because what else can you do, particularly because you’ve got two fairly powerless mobs yelling at one another and shaking their fists? The Alberta government, mind you, isn’t stirring things up, and the Quebec government, who has more of a say in this than the local governments do, is not making the same bellicose noises against the pipeline. Instead you’ve got Brad Wall stirring the pot, trying to score points for his upcoming election, and Rona Ambrose making patently ridiculous statements about how this is supposedly like the National Energy Programme of the early 1980s, which boggles the mind. And never mind the fact that Trudeau has indicated general support for the pipeline (predicated on a proper environmental assessment and getting the requisite “social licence” from the communities that is passes through), apparently that’s not good enough either for Ambrose and the Conservatives, who continue to insist that all government positions be bellicose statements – because that worked out so well for them when they were in power. Trudeau has a meeting with Coderre this morning, and no doubt it’ll be discussed, but the fact that you have groups who aren’t involved in the decision-making trying to pit Alberta and Quebec against one another just makes it look like the two kids in the backseat who are hollering “Mom! He’s touching me!” It’s tiresome and infantile, and if they’re trying to make Trudeau look like the reasonable grown-up in all of this, well, they just might get their wish.

Continue reading →

QP: Call Denis Coderre

Posted on by

The first QP of 2016, and after several statements of condolences for the incidents in La Loche, Saskatchewan, and the attacks in Burkina Faso and Jakarta, there was a moment of silence for the victims in La Loche. Rona Ambrose led off, script on mini-lectern, and read her condolences for La Loche and asked for an update on the situation. Justin Trudeau expressed his condolences, and noted that the RCMP and victims support services were on the ground to support the community. Ambrose then accused Trudeau of “swanning around” in Davos while Canadians were hurting. Trudeau insisted that his party was elected on a commitment of investment and growth, and listed the business leaders he met with to get them to invest in Canada. Ambrose then accused him of running down the resource sector, to which Trudeau insisted that the resourcefulness of Canadians included the natural resources sector. Ambrose switched to French, and accused the government of spending through the surplus they left behind (not that any of the projections agreed that there was a surplus ongoing), and Trudeau reiterate that they were elected on a platform of investment. Ambrose then demanded that Trudeau call Denis Coderre to fight for the Energy East pipeline, to which Trudeau replied that they had ten years to get pipelines approved and couldn’t. Thomas Mulcair was up next, and concern trolled about the fact that the TPP was being signed without changes. Trudeau corrected him, saying that signing was only one step that was moving forward with the consultation process. There was a round of the same again in French, before Mulcair switched to the PBO’s report on tax changes. Trudeau praised them for helping more families than before. Mulcair brought up comments made by the new Clerk of the Privy Council about university protesters (Trudeau: I’m pleased he’s the new clerk and will lead public service renewal).

Continue reading →

Roundup: Excuses for exit controls

Posted on by

Public Safety minister Stephen Blaney talked about how exit controls at Canada’s borders can help to prevent homegrown terrorists from leaving the country, or at last tracking them as they go. And great – except that this is just the latest in a series of justifications for exit controls. Previously it was for immigrants who were spending too much time out of the country to qualify for their permanent status, or refugee claimants who returned to their home countries for one reason or another, and before that it was for people on EI who end up going on holiday which means they must be frauds and this is how we crack down on them. It does seem to be reminiscent of the way that the government suddenly started using the need to combat cyberbullying as a way of justifying lawful access laws to get access to Canadians’ IP addresses and metadata.

Continue reading →