Tag Archives: Stephen Harper

Roundup: Not a Nordic friendship group

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The ouster of a UCP candidate in Alberta over his posing with members of the Soldiers of Odin, and then excusing it by saying that they’re polite, continues to reverberate as the provincial NDP are looking to make hay of it, and premier Rachel Notley pointing out (entirely correctly) that you can’t keep blowing into dog whistles and then looking surprised when these people show up. And even the other two candidates who posed and then disavowed knowledge of who they are isn’t entirely credible because these people showed up in badges and vests, looking not unlike motorcycle gang members, and that should have clued them in that maybe photos were a bad idea. And as a friend of mine pointed out, you can bet that if a group of drag queens showed up and wanted to pose with them, someone would have put a stop to that right away. And so here we are.

While casting the UCP as bigots is familiar political territory to tread, it’s not like there isn’t enough history to show that they need to be careful with their associations, and in showcasing the dangers of too much free speech in the political arena. Recall that it was the “lake of fire” comments from Wildrose candidates that sunk that party’s chances in a previous election, and when then-leader Danielle Smith didn’t come out to denounce the comments, it cost her and the party. And while the UCP’s spokesperson came out to give the denunciation, Kenney himself has been silent on this, which will risk his looking like either tacit endorsement or that he’s not taking white nationalism seriously enough. And while people say that nobody could accuse Kenney of such a thing, given his history of being the Minister of “Curry in a Hurry” and attending every buffet by an ethnocultural minority back when Stephen Harper gave him the citizenship portfolio, what that ignores is the fact that Kenney also played very cynical games with those newcomer communities, putting them against each other (particularly immigrant communities against refugee claimants), and focusing on those communities where he felt he could exploit their social conservatism for his benefit. That did get noticed in some of those communities, and it’s in part why the supposed shift in immigrant votes didn’t actually happen outside of a pervasive media myth that wasn’t born out in fact.

The point has been made that if we don’t want to ensure that all politicians and candidates are in bubbles that this sort of thing will keep happening – particularly if groups like these show up and events and pose with politicians in an attempt to legitimate themselves, and as Paul Wells pointed out on Power & Politics (at 46:20 on the video), there is a whole cottage industry of Conservatives who search for photos of questionable people who have posed with Trudeau and company doing the very same thing (recall Jaspal Atwal doing the very same thing, leading to the overwrought denunciations of the India trip). This is true, and it shows that there is fallibility in any kind of “vetting” of people who pose with photos – and the fact that “vetting” these things is less of an organized thing than people, including in the media, seem to think. But this being said, when the group looking to pose with you seeks legitimation, it’s incumbent on the politicians to denounce what they stand for, and if it keeps happening (like what is going on here) that the leader should say something – but it also should give pause to reflect on what it is they’re saying that is attracting these sorts. Just saying “we don’t agree with xenophobes” while playing the xenophobia tuba, like Maxime Bernier, can’t cut it either. We’re not fools, and shouldn’t be treated as though we are when things like this happen, and keep happening.

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Roundup: Yet more dubious suggestions hosted by the GRO

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Over on the Government Representative Office website, Government Leader in the Senate – err, “government representative” Senator Peter Harder has been hosting suggestions from former senators of late on how to “reform” the Senate. Because of course he has. And not all of the suggestions are particularly helpful, or good for the Senate in the long run. The latest example is from Senator Pierre De Bané, who was a senator for thirty years and an MP before that. De Bané seems to think that what the Senate needs more than anything is the independent oversight body that the Auditor General wants instituted before voluntarily neutering its powers by passing a motion to only use a suspensive veto. Because hey, if it’s good enough for the UK…

I’ve written numerous times that the notion of an independent oversight body risks the senate’s status as a self-governing parliamentary body. I would be okay with an audit committee that includes outside members but is still made up with a majority of senators in order to ensure that it remains in Senate control because it’s important that our parliamentary bodies retain self-governing status. Otherwise we might as well turn power back over to the Queen, because we obviously have no business governing ourselves. I’m also forever baffled by the notion that we should neuter the Senate’s ability to exercise hard power and defeat a bad government bill when necessary. It’s part of their necessary duties to hold government to account, and before you say that it’s good enough for the House of Lords, the Canadian Senate is a vastly different body than the Lords, with a very different history, and the Senate was never the primary legislative body as the Lords was for centuries. These are differences that can’t be papered over.

De Bané’s other suggestion is that the Senate start creating a series of special committees tailored to senators’ special interests to…do advocacy work, apparently. I’m not opposed to senators undertaking an advocacy role on issues that are of particular interest to them, I am less keen on the proliferation of special committees because I worry that it will draw the focus away from the actual legislative responsibilities of senators – especially in an environment with independent senators who are beholden to nobody and who aren’t able to be corralled into getting work done. We’re already having problems getting bills passed in a timely manner because the leadership within the Senate refuses to do things like negotiate with one another – now imagine that these senators are otherwise engaged with busywork of their own interest rather than with the boring work of scrutinising legislation or holding government to account. I do fear that creating an environment where personalized committees can proliferate will have a detrimental effect on the Senate overall, and I’m a bit surprised that a former senator doesn’t see this possibility.

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Roundup: A summer stunt

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With the new Cabinet in place and a new trade minister now in the portfolio, Andrew Scheer decided that yesterday was the day to engage in a political stunt and demand that Parliament be recalled in the middle of summer in order to pass the enabling legislation for the Trans-Pacific Partnership. Astute observers may recall that the Conservatives made a couple of attempts before the Commons rose for the summer to pass the bill at all stages with zero debate or committee study, but were rebuffed both times. Now they want Parliament to sit over the summer in order to pass it expeditiously.

There are, of course, a few problems with this demand. First of all, Ottawa is a virtual ghost town at this time of year, as a sizeable portion of the population (and most especially the civil service) is off at some cottage somewhere, and very little is getting done. You want to ensure there’s a revolt, then cancel everyone’s vacations. A number of workers on Parliament Hill, such as those who work in the Parliamentary Restaurant, get laid off over the summer, so rehiring them for a few days or a week would be a giant logistical nightmare. Not to mention, you’re going to have a tonne of cranky MPs who are hot and sticky in humid Ottawa, who are will spend the time grousing that they have work to do in their consitutencies (especially with an election a little over a year away). This especially includes Scheer’s own MPs. Add to that, Scheer says that the Commons needs to move now because there’s no guarantee how long the Senate will take with this – err, except if his own senators offer to play ball with the other senators and come to an agreement on a timeline for the bill, then it’s more of an empty threat.

The government, mind you, shot down this proposal because it’s a blatant stunt, but that left the Conservatives the day to start tweeting sanctimoniously over Twitter about how they’re willing to get to work but the Liberals aren’t. (Seriously guys, this game will bite you in the ass before you know it). And then there’s the kicker – Scheer made this demand, then rebuffed the media requests and said he’s off for holidays for the next two weeks, thus cementing the fact that this was all a stunt. Slow clap, guys. But I guess it’s a way to try and capture the news cycle for the day.

Meanwhile, here’s Philippe Lagassé to school you on how most people don’t it right when they talk about treaty ratification in our parliamentary system.

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Roundup: A “quiet” housekeeping bill

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Do bills get passed “quietly”? There was a bit of debate over the Twitter over this fact yesterday, where it was conceded that a bill was passed with little fanfare, but I wanted to dissect this a little bit. The bill in question was one that was a technical housekeeping bill that legislated that several Minister of State positions were bumped in status, salary and precedence to full ministers, and that they had line departments split out from the previous departments they existed under the envelope of. It had been on the Order Paper since 2016, and signalled that it was happening since the Cabinet was first unveiled in 2015, with Orders in Council doing effectively what the bill did on an interim basis. It garnered attention yesterday because amidst the Cabinet shuffle speculation, it was noted that the bill allows for a couple of more seats to be added to the Cabinet table under this new framework, so Trudeau could theoretically increase the size of his Cabinet (and he yet might). But regardless, because this was passed without fanfare, it was termed as being passed “quietly.”

https://twitter.com/robert_hiltz/status/1017468288207552512

Part of why I have a problem with the use of “quietly” – not just in this circumstance but in others – is because it implies that that there was intent. A recent egregious example was the renewal of the equalization formula – something that was in the budget document, in the bill (clearly marked), and came up at committee, and on top of that, was the subject of discussions between the federal and provincial governments for months. But nobody batted an eyelash until the Globe and Mail said it was passed “quietly” (apparently because they didn’t report on it, which is like a tree falling in the forest). And like I said with that equalization issue, it’s not the media’s job to flag every little thing for MPs – they can do their own homework.

My other issue with this is that not every bill is going to get fanfare – a lot of it is technical and relatively uncontroversial, there are a number of bills that are financial measures that are eye-glazing that most MPs don’t pay attention to (though they should) and simply pass of to the PBO to do their homework for them on. This particular bill was, as I said, on the Order Paper since 2016. There was nothing really controversial about it because it purported to fix inequities that would otherwise have ensured that a number of the women in the gender-equal cabinet were not equal in status or pay because they were in portfolios that had previously been relegated to “junior” positions, and a few reporters tried to make hay out of that fact when the Cabinet was first announced in 2015. This is not a bill that deserved fanfare. Expecting it is unrealistic and frankly comes off as a bit whiney when reporters can track these things on LegisInfo like everyone else. It didn’t pass “quietly” – it was a technical bill that passed like all technical bills do. And it’s time we struck “quietly” from the political lexicon.

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Roundup: Barriers and non-solutions

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As part of a discussion on Power & Politicsyesterday on barriers women face in politics, there were a few well-worn tropes thrown out there, but I wanted to poke into a couple of the items discussed (much of which I’ve already written about in my book, but a refresher course never hurts):

  1. This needs to be an issue addressed by the parties at the grassroots level and shouldn’t be legislated top-down. Parties are already too centrally controlled, and if you want empowered MPs that are women and those who are from diverse communities, they need to participate from the ground-up rather than be appointed top-down.
  2. The side-effect of quotas, be they de facto or de jure, tends to be that women and minorities are nominated in “no-hope” ridings. We’ve seen this time and again, even from the NDP, who have their “no nomination can be run unless the riding association has exhausted the possibility for an equity-seeking candidate” rule. That rule is often conveniently broken if they think they have a winnable straight, white male candidate, and 2011 is a perfect example of how they loaded a lot of women and racialized candidates in “no hope” Quebec ridings that got swept up in the “orange wave.” Most were not good MPs, and some had never been to their ridings before winning, which is the opposite of how nominations should be run.
  3. The voting system is not the problem – it’s entrenched barriers in the nomination system where not enough encouragement is given to women to run (i.e. until this last electoral cycle, they didn’t recognize that women need to be asked several times before they will consider running, and they may have things like childcare issues that need to be sorted when running). A PR system usually creates some manner of list MPs, where your women and minority MPs come from lists rather than having had to run and win ridings, which creates two-tiers of MPs. This also manifests itself in countries with quotas, and women MPs in places like Rwanda have seats but little power as a result.
  4. We can’t do much more to make our parliament more “family friendly” without hollowing it out even more than it has been. While there are issues with childcare, MPs are not without resources to address it (like hiring nannies) rather than forcing the institution to hire precariously-employed childcare workers for part of the year with no sense of numbers on a daily basis. While 60-day parental leave is not objectionable, remote voting and Skyping into committee meetings is very much a problem that we should not encourage in any way.

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Roundup: Performing partisanship

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Andrew Potter put out a very interesting post yesterday about self-help for partisans, given the tone of the rhetoric right now, and it came at a particularly apropos moment given how unreadable my Twitter reply column has become since the publication of my fact-check piece for Maclean’s. And no, it’s not just Conservatives who are sore that their team has been caught out, it’s also an equal number of their opponents who are utterly obnoxious in using the piece to prove something about the Conservatives.

What has really gotten me, however, are the number of partisans whom I’ve worked with, who have been sources for pieces I’ve written that have savaged the Liberal government, who are taking to Twitter to accuse me of bias. And I had to step back from my reactions to realise something that Potter articulated in his piece:

And maybe that’s the big problem — that everyone has stopped arguing with their opponents, and has decided to simply perform for their supporters.

And this is it exactly – they’re not engaging critically with what I wrote or acknowledging that I have a record of being just as critical on the government on very substantial issues (as opposed to cheap outrage and the usual hairshirt parsimony that means nothing). They have to take to social media to denounce me in order to perform their partisanship. And I get it. But it’s really, really disappointing.

But as Potter also points out, this is also reflecting itself in how Parliament is operating these days – MPs aren’t debating with one another. They’re performing for their base, and we can see that in the way that we went from debate to reading speeches into the void, and from QP that engaged on issues to one that is now solely focused on generating outrage clips for social media. Parliament is ceasing to be about debate or ideas, or about governance or accountability – it’s about performing for your base so that you can win a few more votes. And that’s not only sad, but it’s terrifying for what it means for the future. And that’s why I think we need to have a rethink of where rules changes have gotten us, and start reshaping those rules that will force MPs to re-engage with Parliament in the way it’s intended to run, rather than allowing it to further degrade into this puppet show we’re careening toward.

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Roundup: Duffy’s poor arguments

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Day two of Duffy’s bid to sue the Senate, and his lawyer came up with some…novel arguments. And it sounds like the judge wasn’t buying many of them. For example, they tried to argue that because PMO was exerting influence on the Senate’s leadership that it should nullify privilege. That’s…creative, and utterly ridiculous. When he tried to argue that the suspension should be invalid because it was done for political purposes, the judge wondered aloud if that meant she would have to call every member of the Internal Economy Committee to testify as to their motives – and no, that wasn’t going to happen she quickly decided. They also tried to argue that because the suspension wasn’t related to legislation that privilege doesn’t apply. But that’s also ridiculous because the ability to discipline its members is among the privileges outlined in Section 18 of the Constitution Act, 1867. So good luck with that.  Oh, and the “indefinite suspension” argument is also void because it wasn’t indefinite – it was until the end of the parliamentary session, and there was a fixed election date, so it would expire at that point regardless. (Also, the Senate’s privileges allow it to expel a member, so arguing that indefinite suspension is tantamount to expulsion is also not a solid argument).

The final argument was a plea to put the Charter ahead of privilege, which would go against previous Supreme Court of Canada rulings that stated just the opposite – that the Charter doesn’t trump privilege, because that would open up a floodgate to litigation against the parliamentary process. There’s a thing called stare decisis, the doctrine of precedent that binds our common law system, and while there are rare cases where it can be challenges, this isn’t one of them. It’s actually quite audacious that his lawyer would make the case, and I’m not seeing any particular argument about how the judge should invalidate a Supreme Court of Canada ruling. So yeah. Good luck to this case, because I really don’t see it going anywhere fast.

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Roundup: Fighting to preserve parliamentary privilege

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Senator Mike Duffy’s court challenge started yesterday, and the Senate as a whole fought back to have the Chamber excluded from his lawsuit under the rubric of parliamentary privilege. The Senate’s privileges include the ability to discipline its members – and this needs to be reiterated firmly, because as a self-governing body with institutional independence, that’s the only way that senators can be disciplined outside of a criminal process. This is also why there is a differentiation when it comes to the judge asking the hypothetical about the Speaker shooting someone – privilege does not necessarily cover criminality.

Part of what Duffy’s lawyers are trying to argue was that the Senate’s punishment of his suspension without pay should be subject to judicial review because he was acquitted of all charges by the Ontario Superior Court. The problem is that he was found to have broken several of the Senate’s rules, regardless of what the court found, and the Senate is empowered to deal with those breaches as they see fit – not to mention, it was also about making sure that discipline was seen to be done, which was important for a body that was facing scandal and public outrage. This doesn’t mean that they went about it in the best way, however – the pressure (especially coming from PMO, which the Senate leadership at the time capitulated to) wanted to have these suspensions out of the way immediately, and so Duffy’s interventions were cut short, and Senator Pamela Wallin never got her chance to defend herself at all because of the haste. Due process was not necessarily followed, and yes, that’s a problem. However, that is not a problem that can be sorted by means of judicial review, because that would undermine the Senate’s ability to be self-governing (just like the Senate subjecting itself to external financial control like the Auditor General wants would undermine its privileges and ability to be self-governing).

It can’t be understated how damaging it will be if we let the courts start interfering in the operations of Parliament, in either the Commons or the Senate. The constant injunctions to legislation, the threats of lawsuits, the massive breach of the doctrine of separation of powers – it’s not something that we should mess with. Duffy may feel he was treated unfairly – and maybe he was to an extent – but it’s no reason to start pulling bricks out of the wall when it comes to privilege. And if the judge has any sense, she’ll respect that separation and take the Senate out of the lawsuit.

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Roundup: A moment for the Queen of Canada

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In light of Victoria Day and the celebration of the official birthday of the Queen of Canada (yes, they’re the same day), here are a few gems about the Queen of Canada, and the monarchy in general.

https://twitter.com/Canadian_Crown/status/998596864311209985

https://twitter.com/Canadian_Crown/status/998572925249867776

Actor Stephen Fry talks about how the monarch keeps politicians in their place, and while it may seem “kind of preposterous” it a system that works. As he says. “If it works, it’s very foolish to get rid of it, even if it’s unreasonable.”

https://twitter.com/PhilippeLagasse/status/998568760003907584

And let’s not forget that Queen Victoria ensured that we have Responsible Government here in Canada.

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Roundup: An unnecessary proposal to cover for abdicated responsibility

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When Parliament resumes next week, and the final push of legislation before the summer break starts, I can pretty much guarantee that there will be some gnashing and wailing of teeth in the Senate about the crush of bills headed their way, and the fact that there isn’t a plan to manage it. And from Government Leader in the Senate – err, “government representative,” Senator Peter Harder, we’ll get a reminder that he’s proposed a business committee to do said managing of the Order Paper. And lo, in Policy Options yesterday, we got an endorsement of the notion of a business committee from a former political science professor, Paul G. Thomas, which read a lot like it was could have been commissioned by Harder’s office.

To wit: One of the reasons why I object to the creation of a business committee is because it will create a powerful clique that will determine the legislative agenda of the chamber in a manner that has the very real possibility of trampling on the rights of individual senators in the name of expediency. Currently the rules allow for any senator to speak to any item on the Order Paper on any day – something Thomas notes has the potential to delay business, but under most circumstances, this can be managed through negotiation, and if abused, a vote can be used to clear that obstruction. But what Thomas’ glowing endorsement of the notion of a committee ignores is the fact that sometimes, it can take time for a senator who sees a problem with legislation to rally other senators to the cause. We have seen examples of that in the current parliament, with bills like S-3, which wound up getting majority support from senators to fix the flaws in the bill, or even with the amendments to the omnibus transportation bill last week, where Senator Griffin’s speech convinced enough senators that there was a real problem that the amendment was meant to correct. Having a business committee strictly lay out timelines will stifle the ability for the Senate to do its work when sometimes it needs time to do the work properly.

One of the reason why this kind of committee should be unnecessary is because the Senate has operated for 151 years on the basis of the caucuses negotiating the timelines they need at daily “scroll meetings,” but it requires actual negotiation for it to happen, and since Harder took on the role of Government Leader, he has eschewed his responsibilities to do so, believing that any horse-trading is partisan. Several of the new Independent senators follow a similar mindset, which is a problem. And while Thomas acts as Harder’s apologist in trying to downplay the criticism that a business committee will simply allow Harder to stage manage the legislative process – and it is a possibility that he could, but only in a situation where there are no party caucuses any longer, and that the Senate is 105 loose fish that he could co-opt as needed – my more immediate concern is that he would use the committee to avoid his actual responsibilities of negotiation and shepherding the government’s agenda, more so than he already has. We already don’t know what he’s doing with this $1.5 million budget and expansive staff, so if he is able to fob off even more responsibility onto this clique, what else does that leave him to do with his budget and staff? It’s a question we still don’t have any answers to, and yet another reason why the creation of such a committee is likely to lead to more problems than it does solutions that aren’t actually necessary if he did his job.

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