Tag Archives: Reform Act

Roundup: Knives out for O’Toole?

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Erin O’Toole’s future is under discussion, as a number of vocal MPs are coming out to support his continued leadership, and former Ontario premier Mike Harris is adding his voice to the call. But this is as other MPs are phoning up journalists, on a not-for-attribution basis, absolutely savaging O’Toole and the fact that he is a lying liar and an opportunist of the highest order, and that ultimately undermined their case during the election. (Threads here and here).

This is going to start resolving itself at the first caucus meeting, whenever that takes place, because it’s when the party is going to have to vote on which provisions of the (garbage) Reform Act they are going to adopt for the 44th parliament, including the provision about having the caucus hold a vote to start a leadership review process. Why this is important is one of the reasons that makes the Act garbage in the first place – it actually makes it harder for caucus to push out a leader because it establishes a threshold of 20 percent of the caucus needing to demand a vote before it can be held. That exposes his critics at a time when he is deciding on critic portfolios and things like committee chairs for opposition-chaired committees, and he can use that fear-or-favour system to punish his critics if they fail to meet that 20 percent threshold. If they didn’t have this threshold or this framework, we’ve seen leaders read the writing on the wall with far fewer MPs/MLAs going public, and resigning as a result. The (garbage) Reform Act provides protection for those leaders where it’s supposed to be putting the fear of caucus into them, and it’s just such a dark irony that once again, attempts to improve the system only make it worse.

And while there are a bunch of voices (especially over on the CBC) who seem to think that Andrew Scheer was pushed out for his loss, they have all apparently forgotten that he resigned, particularly after his use of party funds came to light. Whether that was an excuse is not really the point – it wasn’t simply because he lost the election.

Programming note: I am taking the weekend off of blogging entirely because I am exhausted from the election and need to catch up on some sleep. See you next week.

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Roundup: The reality of negotiation

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As was ever thus, the Twitter Machine erupted with fury and disingenuous outrage when health minister Patty Hajdu told reporters that she couldn’t guarantee that a national pharmacare programme would be in place at the end of the current parliament (for which we don’t know when that will be, as a hung parliament rarely lasts beyond two years.

“Some of that will be predicted by, predicated by, the responses of the provinces and territories,” said Hajdu, because *mind blown* healthcare is largely the domain of the provinces and any pharmacare system would have to be negotiated with them – in particular, a national formulary, which is going to be extremely complicated to ensure that existing plans don’t get left behind or that the new national plan isn’t worse off than any existing ones that it would replace.

What is especially irritating are all of the voices crying out that this just means the Liberals were lying on the campaign trail, which is false and ridiculous – Trudeau spent the campaign not overpromising on this file, but rather kept saying that it was contingent on negotiation with provinces, which is why their fiscal plan only called for a “down payment” on such a programme rather than the whole thing, but nevertheless, the promise was to go by the principles of the Hoskins Report, which they have bene doing thus far. The NDP, by contrast, insisted that this could be done by 2020, and whenever anyone brought up the fact that the provinces may object, the line was largely that why would anyone say no to federal dollars? It’s absurd, of course, because provinces are rightfully afraid that they would be stuck with an expensive programme to run if the federal government suddenly cut out transfers or funds to it because they suddenly had other priorities (which has happened in the past).

And to that end, we have a bunch of premiers who are balking at it, Quebec and Alberta want to be able to opt-out with compensation, and Ontario is instead insisting that the federal government pay for drugs to treat rare diseases – the most expensive kind, and the ones where costs are rapidly escalating. So of course they want the federal government to pay for them rather than to share the burden. It’s predictable, and for anyone to be shocked and appalled that the Liberals have to deal with this reality is really, really tiresome.

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Roundup: Immutable committee math

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In a move that is possibly quite disappointing, the Liberals got unanimous consent yesterday to suspend the sections of the Standing Orders governing the powers of parliamentary secretaries – which could be an issue if they plan to put them back on committees with voting powers and the ability to move motions and so on. Some of you may recall that when this was the standard practice during the Conservative era, these committees simply became branch plants of the ministers’ offices, and everything was stage-managed within an inch of their lives.

However.

I also have it on good authority that this may not be exactly as it seems. Part of the problem is that there is a shortage of warm bodies in the Liberal ranks to fill the committees, particularly if you have a Cabinet of 37 out of 157 seats, and what looks to be a prospective parliamentary secretary list of at least 46 (given that Economic Development with have separate parliamentary secretaries for each regional economic development agency). Then, subtract the Speaker and the Assistant Deputy Speaker, who can’t sit on committees, and that leaves them with 72 MPs (maybe less – a couple may also remain assigned to NSICOP, which pulled them from other committees in the previous parliament) to distribute across 27 standing and joint committees, where the parliamentary math in the current hung parliament would see four Liberal MPs per committee. Quite simply, they don’t have enough.

What I’ve been told by my sources is that what they may wind up doing is allowing parliamentary secretaries to sit as regular committee members on committees that aren’t those aligned with their minister, so that they would essentially be pulling double (or possibly triple) duty, especially if they remain on the committees aligned with their minister in a non-voting capacity. It’s not pretty, but it may be what winds up being necessary if they intend to live up to their promise to keep parliamentary secretaries from being voting members of their interested committees. (Are we ready to start having a discussion about having a more reasonable number of MPs for a country of our size? Because seriously, not having enough bodies is an actual problem that has consequences for the efficacy of the institution).

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Roundup: Scheer’s risible demands

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Even before the day’s meetings got started, Justin Trudeau offered up a pre-emptive strike against Andrew Scheer’s demands by announcing that Parliament would be summoned on December 5th – immediately after his return from the NATO summit – where they would hold both the Speaker election and the Speech from the Throne on the same day (rather unusually, as they tend to be on subsequent days). When Scheer did meet with Trudeau, he came armed with seven demands, and immediately following that, Trudeau met with Saskatchewan premier Scott Moe, who also moaned that his own demands weren’t being capitulated to.

As for Scheer’s demands, a good many of them are simple non-starters, and others are simply laughable, but let’s walk through them, shall we?

  1. Keep Canada united and strong by launching a task force to study the establishment of a national energy corridor, which could bring Ontario and Quebec hydroelectricity to new markets, open up opportunities for Western Canadian oil and gas, and connect rural communities in Atlantic Canada and the North.
  2. Help Canadians get ahead by offering broad-based tax relief, providing a date for balancing the budget, and proceeding with fair tax-free maternity benefits.
  3. Restore ethics and accountability to government by introducing stronger penalties in the Conflict of Interest Act.
  4. Get the energy sector back to work by tabling a detailed plan, with concrete deadlines, to build the Trans Mountain expansion and repealing Bills C-48 and C-69.
  5. Take real action on the environment by drawing on policies from our Real Plan to Protect the Environment, such as the Green Patent Credit, the Canadian Clean brand, the Green Home Renovation Tax Credit, and ending raw sewage dumps.
  6. Immediately fund regional transit expansion in the GTA, starting with the Ontario Line and Yonge Extension.
  7. Reduce the paperwork burden on Quebecers by adopting a single tax return.

To start with, I’m puzzled as to how Scheer believes that his “national energy corridor” scheme is a national unity project. I mean, I get that he keeps insisting it’s “a win-win,” but if you stop and think about it for thirty seconds, they’re demanding that decades be spent on land negotiations and expropriations involving First Nations and provinces that may not be keen on them, for another decade to be spent building a pipeline that, by the time it’s completed, will be in the middle of massive global decarbonization. That’s some forward thinking. The broad-based tax relief that was in the Liberal platform was better targeted to low-income Canadians than in the Conservatives’, as was their proposal for tax-free maternity benefits; the date for a balanced budget is also somewhat mired in mid-nineties thinking, while the government has chosen a different fiscal anchor that allows them to take advantage of the low-interest rate environment to make investments in Canadians. The demand for a detailed plan with concrete deadlines for the TMX construction is farcical because any delays would be contingent upon the Federal Court’s hearing the concerns of those Indigenous groups who are challenging the most recent consultations, and that’s not something the government has any control over, but never mind that there is pipe going in the ground right now. The repeal of C-69 and C-48 are non-starters, and would do absolutely nothing to benefit the energy sector because the problem is the low world price of oil. Demanding that the government adopt the Conservative non-plan for the environment? Hilarious. Immediately funding the GTA transit expansions? How is it responsible to sign a blank cheque when there is no concrete plan on the table? Seriously, you claim to be the fiscally responsible party. And having Quebec adopt a single tax return? Yeah, if Quebec wants that, they can adopt the federal one. They made the choice for the current system. Is rudimentary critical thinking dead in politics?

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Roundup: Frank dialogue and tone-deaf pronouncements

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The Conservatives had their big post-election caucus meeting, and to the surprise of absolutely nobody, they voted not to enact the provisions of the (garbage) Reform Act that would give caucus the ability to turf their leader and force a new leadership contest – predictably under the rubric of empowering the “grassroots,” which as was explained in yesterday’s post, does the complete opposite. As this is going on, Angus Reid had a poll of Conservative voters that showed them particularly split on whether they want Scheer to stay or go (42 percent go, 41 percent stay, 17 percent undecided), so that could be an indication that their own base is leaning toward dumping him at their leadership review in April – especially as the convention will be in Toronto, an area where the party was shut out, and they may be more motivated to punish him for it.

As for Scheer, he arrived at his planned press conference three hours late because the meeting kept going, and it makes one wonder if the “frank discussion” going on inside were to blame – it’s possible there was an airing of the grievances happening, particularly for those who lost their seats. It didn’t seem to daunt Scheer, however, because when he arrived at the microphones, he essentially repeated his stump speech from the campaign. Sure, he said that “no one was more disappointed than me,” but he offered no signs of humility in defeat. When asked about the failure of his climate plan, Scheer said that they simply didn’t communicate it clearly enough rather than admit that it transparently wasn’t an actual climate plan (and his own senators have publicly clocked him on this fact). When asked if he thinks homosexuality is a sin, he prevaricated – again – and forcefully stated that he will defend people’s rights, which shows that he hasn’t learned anything from the campaign about his evasiveness.

Meanwhile, Matt Gurney makes the point that the party isn’t listening to what people in the GTA have been trying to tell them about what will and won’t fly there if they want to win seats there ever again, and are being told to “calm down” in response – which could spell trouble for Scheer.

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Roundup: The knives and the Reform Act

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The Conservatives are having their first post-election caucus meeting today, and there is talk that the discontent may be more serious than the public picture they’re letting on in public – not that that’s surprising. But all of the talk of forcing an early “leadership review” of Scheer rests – whether from the talk of the disaffected Conservatives, or in the public musings of Andrew Coyne and Stephen Maher to name a couple – haven’t made a very careful study of the Reform Act beyond its stated good intentions when the bill is actually garbage.

In fact, I think that relying on the Reform Act could insulate Scheer more readily than it could push him out, given that it has a relatively high threshold to trigger the caucus vote to ouster a leader, and that high threshold can be used to intimidate any would-be usurpers or those who would use the ability to hold their leader to account for his or her sins – in this case, a bad campaign based on lies, a platform that didn’t appeal to any of the target demographics or ridings that they needed to win, and the inability of said leader to articulate positions on socially conservative issues that would offer any kind of reassurance to those target demographics and regions. (And did I mention the campaign of lies?) That intimidation can make it harder for the caucus to make a clean break and get on with choosing a new leader.

This having been said, I want to push back on something that Conservative MP Chris Warkentin said on Power & Politics last night as it pertains to this Reform Act business, wherein he said that he didn’t agree with giving caucus that power because it somehow “disempowered” the grassroots (followed by the ritual motions of insisting that they are a “grassroots party” as though that were actually true). For a century now, political parties in Canada have flattered their grassroots members by pretending that letting them choose the leader is “democratic,” when all it does is obliterate accountability. It means that the leader can claim a false democratic legitimacy and centralize their power by marginalizing both the MPs in his or her caucus, and eventually marginalizing the grassroots because that power has been centralized and those grassroots become an increasingly irrelevant means of pretending to get policy advice. It’s simply become an exercise in the grassroots willingly turning over their agency and power to the very person who will undermine them, but hey, it’s “democratic.” This is the root of the problems that have developed in our system, and we can’t just keep pretending that they don’t exist because “grassroots parties” no longer resemble that.

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Roundup: The rot Chong won’t address

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Conservative MP Michael Chong took to Policy Options yesterday to decry that the unilateral expulsions of Jody Wilson-Raybould and Jane Philpott from the Liberal caucus was indicative of a “deeper rot” in our parliamentary culture. His solution? Just make some amendments to his garbage legislation Reform Act to better enforce the called-for votes to implement at the beginning of each parliament, or to do away with the voting entirely (which was a compromise to make the bill palatable), and ensure that the measures in the bill are fully enforceable regardless. And I just can’t even.

Chong keeps insisting that his garbage bill was going to “rebalance” the power between MPs and party leaders, but it does nothing of the sort – much like this omnibus motion that Liberal MP Frank Bayliss is proposing to amend the Standing Orders (which Chong is a co-sponsor of). These kinds of measures don’t actually attack the root of the problems facing our parliament, and in the creation of new rules, they simply create avenues for unintended consequences that make things worse. (For more on the Bayliss motion and why it’s a problem, see my weekend column). The solution is not, and will never be, more rules. The solution is to do away with the rules that have made things progressively worse, and to start rolling back the changes that our MPs keep making in the vain hopes of improving their lot when all they need to do is assert the powers that they already have.

I fear I am getting repetitive about this point, but until people start listening, I will keep saying it – the biggest root cause of the problems in our system, particularly where it concerns the “balancing” of powers of MPs vis-à-vis the party leader, is the party leadership selection system. Unless caucus members can select the leader, any attempt made by them to remove the leader, garbage Reform Act or no, will be seen as illegitimate precisely because the current selection system insulates leaders with a false notion of “democratic legitimacy.” And Chong knows this, but keeps trying to burnish his garbage bill in the hopes that it will somehow shine. It’s not going to happen, and MPs telling themselves that the solution is more rules are simply deluding themselves. More rules got us in this situation. More rules keeps taking power away from MPs under the guise of “rebalancing” or “restoring” that power, and this cycle keeps repeating. It needs to stop, and it means MPs (and the pundit class of this country) need to stop believing this mythology. The only solution is caucus selection of leaders. Anything else is a mirage.

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Roundup: Unenforceable garbage legislation

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As expected, the Speaker ruled yesterday that he didn’t have the jurisdiction to police whether or not the different party caucuses adhered to the Reform Act additions to the Parliament of Canada Act, and thus Jane Philpott’s complaints will fall on deaf ears (just as Erin Weir was hoping to belatedly make the same complaints about his own expulsion from NDP caucus). And then we immediately got another wave of self-righteousness over the Twitter Machine about how terrible it was that MPs couldn’t even follow their own laws just after they passed them.

To recap the whole Reform Act saga: It was a dubious prospect from the very start because it was utterly misguided in what it was trying to accomplish, which was to nominally weaken the power of the party leader and strengthen the power of MPs. Everyone was treating this as a rebuke of the “dictatorial” Stephen Harper, so it became this big optics battle, never mind that it would have done nothing about the Conservative caucus and their mood, since the vast majority of them were still convinced that Harper walked on water. And while Michael Chong may have been noble in sentiment, he chose the wrong vehicle to make his proposed changes. The right vehicle would have been reforming leadership selection processes, which are the bane of our system, but he didn’t dare do that, so we got the Reform Act instead. And because no party actually wanted to do more than mouth the platitudes of the bill, they ensured it was so completely neutered in committee and made optional, with no enforcement, that we got the eventual garbage bill passed into law because it felt good to do so.

Here’s the thing: MPs didn’t need this bill to give them any more power. They already had all the power they needed, but they either choose not to exercise it, or don’t know about their own powers because, well, most of them don’t even know their own job descriptions. (This is why I wrote my book). And Chong’s garbage bill actually limited their powers under the guise of strengthening them. But would anyone articulate that at the time (other than me, howling into the void from the pages of the National Post)? Of course not. All of the hollow platitudes were siren song. And so once again, MPs passed a meaningless (but not actually harmless — the bill is actually democratic poison) bill into law with no intention of following through on it, because it felt good. And this kind of thing keeps happening because not enough MPs are serious enough about their actual constitutional roles. We need better informed MPs, or this kind of thing will keep happening.

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Roundup: Forcing a partial denunciation

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While Andrew Scheer was goading Justin Trudeau to carry on with his libel lawsuit against him, it seems that Trudeau did manage to get Andrew Scheer to do one thing that he has thus far avoided, which was an actual denunciation of white nationalism, and that he actually said those words rather than talking around them. He didn’t denounce Faith Goldy for appearing with him at that “convoy” rally, and he didn’t say anything about his cherry-picking of wilful blindness of the “Yellow Vest” contingent with their racist and whites supremacist messages at that rally, but it was a start. Baby steps. 

Part of the backdrop for this was an exchange between Senator Leo Housakos and Chrystia Freeland at a Senate committee hearing on Tuesday, where Housakos said he didn’t see any white suprematist threat (which he later said was poorly worded), and Freeland laying down the law on it. 

Amidst this drama, the head of CSIS was appearing at a different Senate committee, this time to talk about Bill C-59, the national security bill, and he did state that the intelligence service was becoming more and more preoccupied with the threat of white nationalists and far-right extremists, even though religious extremism was still one of their largest focuses. It’s something that is of concern and we can’t ignore the winking and nudges that absolutely takes place, or especially the blind eyes that get turned, but we do seem to be having a conversation about it, so that’s probably a good start.

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Roundup: An important first report

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While everyone was focused on Jane Philpott’s attempt to claim that the provisions in the garbage Reform Act weren’t met as it regards her expulsion from caucus, a much more important event was taking place, which was the release of the National Security and Intelligence Committee of Parliamentarians’ first public report. This is the first time that Canada has seen any kind of public oversight into our national security and intelligence services, and it was important to see. One of the things that they focused in on was the oversight of military intelligence operations, for which the military thanked them for their suggestions on improving governance, but balked at the proposal for a legislative framework.

Nevertheless, the expert in this stuff is Stephanie Carvin, so I will turn over the reactions to her (full thread starts here):

https://twitter.com/StephanieCarvin/status/1115716056247676929

https://twitter.com/StephanieCarvin/status/1115717071185301504

https://twitter.com/StephanieCarvin/status/1115717072657502210

https://twitter.com/PhilippeLagasse/status/1115678714291871746

https://twitter.com/PhilippeLagasse/status/1115683292928299008

https://twitter.com/PhilippeLagasse/status/1115688317452935168

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