Roundup: No need for a turf war

The possibility of committee allocations in the Senate turning into a turf war is something that I’m not sure is an imminent issue, but Kady O’Malley nevertheless faithfully explores in her weekend column, including some potential procedural manoeuvres that Senator Peter Harder could attempt to employ to force the modernization committee report to come to fruition as government business (which it currently is not), but as is not unexpected, she got some pushback from Senator Leo Housakos.

Just to add my own two cents, I have indeed heard some concerns from both the Conservatives and Senate Liberals that the Non-Aligned Senators have not yet been able to fill their committee spots, which may also have been why Senator Peter Harder has been organizing to “help” the new independent senators out, essentially big footing the efforts of the Independent Senators Group, but one has to add that they’re building their own processes and organization from scratch.

So we’ll see. I still think that the newly appointed 21 senators shouldn’t be in any hurry to get committee spots, but take the time to get adjusted to their new environment as the committees are currently operating okay and we aren’t seeing a lot of cases where senators are doing triple duty just to keep committees filled (as was the case with the Conservatives pre-2008, when Harper was obstinately refusing to fill seats the first time around). And as I’ve said previously, they can spend some time participating in committees as they have the right to now – they just can’t be voting members, which is probably just as well in terms of getting them acquainted to the place. So everyone should relax because there is no actual crisis.

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Roundup: Questions about ordered repayments

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

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QP: Woe be the small business

While nearly all of the leaders were present today, it was the Prime Minister who was absent today (though he did show up for votes afterward), so when Rona Ambrose led off with another disingenuous questions about taxes, Bill Morneau stood up to remind her that they lowered taxes on millions of households. Ambrose then decried Trudeau meeting with billionaires and demanded that he instead reverse tax increases on small businesses. Morneau reminded her that those taxes went down, and that those meetings were bringing investment to Canada, such as with Thompson Reuters opening that new tech centre in Toronto. Ambrose closed with another overwrought lament about the plight of families, while Morneau responded with a list of the measures they implemented to help families. Denis Lebel took over, and lamented that the federal government was getting too involved in provincial jurisdiction around healthcare. Carolyn Bennett took the question, and reminded him that Jane Philpott was meeting with her provincial counterparts and they waned results for their transfers. Lebel tried again, and Bennett hit back with Maxime Bernier’s plan disband all health transfers. Thomas Mulcair stood up for the NDP, and decried “cuts” to healthcare — despite the fact that there aren’t any. Bennett noted that there was no cut, and reminded Mulcair that his election promise of increased health transfers with a balanced budget would have resulted in cuts across the board. Mulcair tried again, got much the same reply. Mulcair tried to insist that the government was confusing competence with jurisdiction with health spending, and Bennett laid out the divisions. Mulcair demanded that the Prime Minister meet with the premiers to discuss health funding, to which Bennett said there would be a meeting soon.

https://twitter.com/EmmMacfarlane/status/788446704429391873

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Roundup: Values versus mechanics

I am just about at my limit for hot takes on both Brexit and electoral reform here in Canada, and lo, the Citizen has an op-ed out that combines the two of them. How scintillating! Except not. After dire warnings about what Brexit did for referendums, we get an appeal for a discussion on “values” rather than mechanics when it comes to discussing electoral reform.

Nope. Nooooope.

When I’ve finished banging my head against my desk for the sheer ridiculousness of the piece, I’ve got a couple of bones to pick with it.

The mechanics of any electoral system are important to understand what it produces in terms of government, kinds of parties and representatives. The guide also discusses design variations, which could be good if citizens were being asked to design a system. But citizens are not being asked to do that when they hold these informal meetings. And an obsession about design mechanics only perpetuates the wrong-headed nature of the conversation. It’s like arguing over the options on a car before you’ve chosen the model.

The problem is that nobody is actually talking about the mechanics. Sure, you have a couple of people griping over MMP versus ranked ballot, but nobody is talking about the bigger picture. There is no obsession about design mechanics – it’s all been about feelings and “fairness,” and this fantasyland notion that somehow parties will be forced to be more cooperative under whichever system is eventually chosen (which is utter tripe) or that voters will somehow turnout more (also tripe), and nobody talks about what it means that you are no longer voting for an MP in a direct and meaningful way that gives them direct agency. Mechanics matter, and nobody is discussing it, so I don’t know where this prof is getting the idea that there’s an obsession with it.

The focus of these town halls should be on what values matter most to Canadians in an electoral system. I think citizens care less about the allocation of seats than they do about how each system embodies principles such as accountability, fairness, simplicity and inclusiveness.

Wait – how much ink has been spilled to date over the allocation of seats? It’s the very first thing that the sore loser brigade starts whinging about. So yes, apparently Canadians do care about it insofar as they misunderstand how the current system works and are being told that it’s unfair based on the fantasy number of the popular vote (which we’ve already established is not a real number). Also, nobody is talking about what actual accountability means (like being able to turf a government) rather than the fuzziest of notions about your MP responding to you as a voter. And there’s that “fairness” word again, which is that emotive word that people whinge about without understanding how the system works – just that the party they support didn’t get as many seats as they feel they deserved, based on numbers that don’t exist in reality.

Should an electoral system offer greater voter choice, create effective parties, be simple and practical or offer fairness of representation? These are ideals that both reformers and non-reformers can rationally discuss without getting lost in the weeds of how votes are transferred under single transferable vote.

And here we get to the part where we apparently want a discussion about unicorns, because that’s all these ideals are. Everyone wants a magical electoral outcome, but they don’t actually understand how the system works now, so this is all about wish fulfilment and fantasy projection. This is why a discussion about mechanics matters. We can talk values until doomsday, and it will be worthless because unless you have a solid conception about what your vote actually means from a mechanical perspective, then it might as well be pixie dust.

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Roundup: Automatic disqualifiers

It has been talked about before on this blog, and will probably be talked about again, but the selection process for those 19 vacant Senate seats is now open, and the process allows people to nominate themselves if they so choose. There’s a good piece about this and how it contributes to selection bias in the appointment panel, but the head of said panel insists that they are reaching out to all manner of groups to get names to consider but they are using the individual application process to help broaden the search to ensure that they don’t miss out on anyone who is worthy of the job. Of course, self-selection should probably be considered as criteria for elimination off the start – usually it tends to indicate a particular over-inflated sense of self (and yes, I do know of a couple of people who have been looking to get their names submitted as part of this process, and yes, they are a bit narcissistic), and a betrayal of what a Senate appointment should be about. Really, it should be about a way of contributing to public service when one’s career is winding down, and of being able to contribute to the public dialogue given a particular perspective. It’s almost like a form of recognition for doing good work over a lifetime, and being given an opportunity to give back a little more (because really, the salary isn’t as generous as people like to portray it as, given the amount of work that tends to be involved). It’s always been a bit contentious when prime ministers appointed people in terms of their age and place in their career. Some, like Chrétien, tended to appoint them too old so that they only had a short time to contribute, which hurts the ability to have the Senate serve as a chamber of institutional memory and longer-term vision. But sometimes they appoint people far too young – Harper’s appointment of Patrick Brazeau being but one shining example of how poor of a choice that really was. Let’s hope that this is one of those considerations that the independent panel becomes a bit more cognisant of as they move ahead with this next phase of their task.

Meanwhile, here’s a look at the Senate’s revamped communications effort and the team they’ve assembled to do the work, which is moving away from bland and safe to being more response and proactive in reaching out to showcase the work of the Senate and of individual senators.

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QP: A (mostly) serious, grown-up day

There we no major leaders present for Question Period yet again, and with an increasing number of empty desks, the time of year is getting increasingly obvious. After an emotional tribute by Nathan Cullen to UK MP Jo Cox, who was murdered in her home riding earlier today, there was a moment of silence in the Commons. Jason Kenney started off, demanding that ISIS be considered a genocide. Stéphane Dion assured him that because of the UN report on genocidal activities, they were asking the UN Security Council to make a declaration. Kenney insisted that Dion was late to the party and named off other affected local populations, and Dion reminded him that Canada’s policy was the same as our allies and we were taking the lead in getting the Security Council to Act and it was why we tripled our contribution to the allied forces in the region. A third round from Kenney got the same answer. Michelle Rempel was up next, and demanded action on resettling Yazidis to Canada. John McCallum noted that several families were on the way to Winnipeg in a few weeks under private sponsorship, and noted that the Immigration Committee had just adopted a motion to study it. Rempel quoted the act that lets McCallum take action immediately, and he reminded her that the situation was more complicated than that. Marjolaine Boutin-Sweet led off for the NDP, demanding parliamentary oversight for weapons exports. Dion stated that he controls export permits and does so with rigour and transparency. Boutin-Sweet then demanded a public inquiry into Afghan detainees, and John McKay listed off past and ongoing investigations. Murray Rankin was up next, and demanded that parliament pass Bill C-14 as amended. Jody Wilson-Raybould insisted that the bill as tabled was already constitutional and that it was the right approach. Rankin demanded the bill be referred to the Supreme Court, but Wilson-Raybould was not moved.

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Roundup: Everyone’s an expert

More amendments to C-14 in the Senate, and the very real threat from senators that they would rather veto a bad law (such as the bill as originally drafted) than let it pass and have to head back to the courts, is prompting everyone to consider themselves an expert on the Senate and how to reform it. After days of clutched pearls by pundits and the odd bit of praise (such as Martin Patriquin’s grudging admission that the Senate is a necessary evil), we’re also starting to get some pretty bizarre pieces out there, like one from iPolitics, where they got a mining company CEO to weigh in on reforming the chamber.

No, seriously.

Apparently, according to this “expert,” Trudeau has gotten it all wrong by creating a situation with “no enforceable rule,” and apparently we’ve never had a situation in the past 149 years where bills bounced back-and-forth between the chambers. Err, except that there have never been real levers by which a Prime Minister could control the chamber, only sentiment on the part of senators in his or her caucus, and we’ve had plenty of situations where bills went back-and-forth, including to having conferences between chambers (a situation which is unwieldy in the current configuration of the Senate). And while Trudeau has made mistakes, he is not to blame for the Senate’s actual constitutional powers, which are currently being demonstrated.

But wait – there’s more!™

Our CEO “expert” says that the solution is not Triple E (thankfully), but rather to reduce senators’ term limits to 12 years, to give provinces a veto on their nominees to represent them, and to ensure that a nomination panel ensures that “a new Senate is younger, more representative and better qualified for the work by credentials and life experience.”

Term limits are a solution in search of a problem because they reduce institutional independence. The problem, identified in the Ontario factum to the Supreme Court reference, is that a senator nearing their term limit can start to curry favour with the government in hopes of a post-Senatorial appointment to a tribunal or diplomatic posting. By ensuring that their end date is age 75, it scuppers those plans and keeps Senators from sucking up. Provincial vetoes? Well, senators are not there to represent provincial governments. They are not even technically representing provinces, but rather regions, and their representation tends to be for minority communities, be they linguistic, ethnic or even religious, which was the express purpose for why the Senate was built in the way that it was. And demands for a younger Senate clash with the desire to get accomplished Canadians to serve in its ranks toward the end of their careers so that they can draw on their decades of experience, and if you look at some of the qualifications of our current senators, they are on the whole a very accomplished group indeed (some exceptions apply).

So rather than get some CEO to bloviate without any actual institutional knowledge or awareness, perhaps we should all brush up on our civic literacy and learn about the chamber as it currently exists before start weighing in on how to fix something that is not actually fundamentally broken.

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QP: Referenda and farm protests

After the machinations around the government’s climb down on their electoral reform committee and the subsequent Conservative apoplexy, it was likely to be a more tense day in QP. Here was my prediction:

Rona Ambrose led off by quoting Trudeau from a press conference earlier this morning in saying that referenda are often used to stop things, and declared it arrogant. Maryam Monsef said the time was to move past process and get onto the actual debate. Ambrose said that the NDP and the Liberals were taking the right to determine their voting system away from Canadians. Monsef praised their cooperation and doing politics differently. Ambrose repeated the question, and Monsef praised the work of the committee in engaging Canadians and bringing recommendations back to the Commons. Alain Rayes was up next, decrying the “backroom deal” with the NDP (which doesn’t appear to have been a deal considering the NDP seemed genuinely surprised that the government climbed down), and got the same lines from Monsef. Rayes gave one more demand for a referendum, and got much the same answer. Marjolaine Boutin-Sweet noted the farm protest happening outside, and demanded action on the issue of diafiltered milk. Jean-Claude Poissant noted that the government supported Supply Management and would protect it. After another identical round from Boutin-Sweet, Tracey Ramsay decried the TPP while asking the very same questions about diafiltered milk. Poissant gave the same assurances of support for Supply Management.

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Roundup: The elbowing

I can scarcely express just how stupid things got yesterday because everyone needed to rush to score points. But here we are. Starting back at the beginning, the government decided to put a motion on the Notice Paper that was basically the nuclear option of time allocation measures – essentially suspending all avenues by which the opposition could propose dilatory motions until the Commons rises for the summer, so that they can get C-14 and a few other timely pieces of legislation passed. And the opposition freaked out.

Nobody is quite sure why the Liberals resorted to such tactics, but my working theory is that the closed-door House Leaders’ meetings have degenerated to being unworkable (not an unlikely theory considering that my sources told me in the previous parliament that Peter Julian was impossible to work with), and Monday’s surprise vote after the NDP lied about the motions they were moving that day broke the trust of the Liberals, who had been attempting to work amiably with them. It’s also possible that putting this motion on the Notice Paper was as the nuclear option – the threat to hold over their heads in order to try and force them to come to the table with reasonable requests for timelines on debates. Dominic LeBlanc went so far as to suggest that rather than constraining debate, they were trying to allow for more under this motion, not that the opposition believed him. Temperatures got raised, and QP was one of the most heated of the current session.

After QP and the Komagata Maru apology, the procedural games started up again, including a privilege motion from Julian about how terribly draconian these tactics were. Fast forward a couple of hours to the time allocation vote on C-14, and the NDP apparently decided to play the childish tactic of physically blocking the Conservative whip from being able to walk down the aisle. The NDP claimed they were just “milling about,” but people milling about don’t all stand facing the same direction, and both Elizabeth May and Andrew Leslie have confirmed that there were shenanigans being played. And it would seem that Justin Trudeau had lost his patience by this point, possibly because Christy Clark was waiting in his office for a meeting he was already late for, and he still had a Komagata Maru apology reception to speak at, also late for. And so he did something completely boneheaded – he got up, went to the NDP blockade, and reached through to grab the Conservative whip and pull him through (which he apparently didn’t appreciate either), and in the course of that, accidentally elbowed Ruth Ellen Brosseau. Moments later, he went back to apologise to her as she fled the chamber – apparently flustered and unable to cope – when Thomas Mulcair began screaming at Trudeau and jabbing in his direction, when suddenly MPs from both sides of the aisle went to pull them apart before things got physical. It was all over in seconds, and Trudeau apologised for his actions.

Not well enough, apparently, as he did it again later when Brosseau reappeared in the chamber, but it doesn’t seem to matter because opposition MPs were now in point-scoring mode. Niki Ashton immediately got to her feet to decry that Trudeau had violated the “safe space” of the Chamber and NDP MPs started likening the incident to domestic violence, bullying and physical intimidation, and Julian talked about how his aunt was beaten to death. No, seriously. The Conservatives soon after began piling on, smelling blood in the water, and it devolved from there. Outside the chamber, Scheer and Julian took to the microphones to ramp up the spin, Julian deciding to drop the hints that there were “rumours” to the fact that Trudeau has some kind of history of violence, because there were points to be scored. And the faux outrage dominated the Twitter Machine as “fearful” MPs registered their shock and horror at what they’d witnessed. And it was just so stupid that I can’t even. Suffice to say, this looks like it’s going to boil down into privilege hearings in the Procedure and House Affairs committee, and we’re going to be subjected to weeks of un-clever “sunny ways” references, and suggestions that Trudeau is apparently unfit for office. It’s a good thing that next week is a constituency week, but I fear for what the final stretch of sitting weeks is going to be like if tempers are this frayed this early. I suspect it’s going to get really ugly from here.

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QP: Howling for a referendum 

While the March for Life went on outside the Centre Block, and while Justin Trudeau was in town — having met with the premier of New Brunswick only a couple of hours before — he didn’t show up at QP. Then again, neither did Rona Ambrose or Thomas Mulcair. Jason Kenney led off, demanding a referendum on electoral reform as the provinces had. Maryam Monsef kept up yesterday’s saccharine talking points, and insisted that a referendum wouldn’t reach young people, women, people with disabilities or minorities. Kenney and Monsef went at it again for another two questions, before Stephen Blaney picked up on it in French, and got the same response. Marjolaine Boutin-Sweet led for the NDP, and decried the composition of the electoral reform committee, to which Monsef insisted that having the Bloc and Greens on the committee was indeed going above and beyond what was required. Hélène Laverdière changed topics and turned to Saudi LAV sales, wondering how many civilians need to be killed before it becomes unacceptable. Stéphane Dion reminded her that the NDP promised to respect the contract to win the seat in that riding, and when Laverdière tried to make it about a question of trust, Dion noted that the NDP changed their tune, not the Liberals.

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