Tag Archives: Stephen Harper

Roundup: The wrong way to rein in the Senate

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Sometimes you read clueless columns, and sometimes the columns are so utterly clueless that you have to wonder how they ever got past an editor in the first place. The Globe and Mail featured one such yesterday morning from Campbell Clark, who asserted that it’s now Justin Trudeau’s fault that Mike Duffy is claiming expenses because cabinet ultimately has control over expenditures.

I. Can’t. Even.

The complete and rank civic illiteracy coming from a columnist in a national newspaper is galling, and looks a hell of a lot like he’s just making stuff up as he goes along. And no, I’m not chalking this up to a mid-August phoned-in column, because this isn’t the first time that he’s made this suggestion before, and it needs to stop. And it’s such an elementary part of civic literacy that Clark is apparently unable to grasp, which is that it’s the job of the legislature to hold the executive in check and not the other way around. In fact, it’s the job of the House of Commons to grant supply to the government for its operation and not the other way around. The Senate most especially exists to serve as a check on an executive that has a majority in the House of Commons. Neither the House of Commons nor the Senate are a government department – they don’t report to the Cabinet, nor does Cabinet control their expenditures because fundamentally they have institutional independence. Can you just imagine what would happen if Cabinet did control their purse strings? It would be nothing but a constant string of threats to cut of MPs’ or senators’ salaries or office budgets if they didn’t fall into line. That’s not how the system works, and Clark’s suggestion makes as much sense as giving cabinet the authority to go after judges’ salaries if they strike down that government’s laws. Add to that, Clark’s suggestion that the government should start clamping down on how much Senators can spend is so ludicrously boneheaded that it boggles the mind. You see, if MPs go after senators’ expenses, then senators will turn around and go after MPs’ expenses, and veto any budget until their independence is no longer being threatened. And why? For cheap optics? The Senate has a job to do, and democracy costs money. If Clark thinks that things work differently under our constitutional arrangement, then he is sadly mistaken, and he needs a remedial course in basic civics post haste because what he’s written is wholly and completely irresponsible. So no, it’s not Justin Trudeau’s government’s problem that Mike Duffy is claiming housing allowances, it’s Duffy’s problem (as we established yesterday). For anyone to claim otherwise doesn’t know or understand how our system operates.

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Roundup: Approval voting and numbers with meaning

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While everyone has been enthralled with the electoral reform debate (no, not really), and been gripped with substance over process (no, not really), there was an op-ed in the Citizen last week that I never really had a chance to talk about amidst a number of other things going on, so I thought I’d take a moment now to address it. The issue: the electoral system known as “approval voting.”

So what is it? Basically you take the same ballot you have now, and you mark it for as many people as you want to. Supposedly this discourages strategic voting because you can vote more than once and can vote for both the person your heart wants to vote for, as well as the one you hope to defeat the person in there now. And okay, sure, it’s simple, and sure, it gives you that emotional thrill about being able to vote for more than one person (which I don’t think is that big of a concern for most people, but maybe I’m wrong), and if you do something silly like vote for everyone on the ballot (because they’re all winners for participating?), then it basically cancels out the vote and doesn’t come out any worse off. But I keep going back to the basic question: what problem is this trying to solve?

If that problem is the emotional dissatisfaction with electoral outcomes, then I’m not sure that this is the problem that we should be addressing, and I also have to wonder about the unintended consequences of picking such a system. And what could those be? Really, the quality of the data that an election produces, and what that data tells us about the election. Because believe it or not, that actually matters. What percentage a candidate received matters a lot. It gauges support, it sends a message about how solid or tenuous their support is, and about how much support their rivals have, which could mean clues for them as to how to better organise in the following election, and who to target. If the number of votes cast is divorced from the number of electors, what kind of message are we able to send? That would seem to be a pretty important consideration to me, and to a lot of people running, I would imagine.

I also have an issue with how this portrays what a vote means. In our system currently – and yes, this electoral system purports to keep the system otherwise intact, along the lines of “one simple trick to make the system more emotionally satisfying!” – when you cast a ballot it is to decide who will sit in the seat that represents your geographic area. And this is where a lot of electoral reform nonsense falls apart – it becomes about feelings rather than the fact that there is one seat and you have to help decide who fills it. How casting votes for multiple people to fill that one seat seems to defeat the purpose in many ways, and admission that it’s too difficult to make a decision so let’s cop out and muddle it so that I don’t feel so bad when I do it. But democracy is about making choices, and we should make it clear that it’s what it is, and just what that choice is (i.e.: Who is filling this one seat, rather than who is going to form a government, because that is decided once a parliament has been assembled). We’re not making that clear, and we’re constantly talking in terms of horse race numbers and leadership politics, and not about the actual choice that faces people, and I think this is something we should be paying more attention to, and being more vocal and precise about, so that we don’t wind up with yet more pie-eyed schemes that are designed to make us feel better while not actually doing what we’re supposed to. And this isn’t something that I’m seeing in the discussions on electoral reform – just a lot of pouting about “fairness” based on made-up numbers that don’t actually mean anything, and approval voting would make the numbers that do mean something, mean even less.

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Roundup: The quest for a less arbitrary majority

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The electoral reform committee met for the first time yesterday and got all of its housekeeping details out of the way – “electing” Francis Scarpaleggia as the chair (though it was unopposed) and naming Scott Reid and Nathan Cullen as the deputies, allocating clerks and resources, and starting to figure out when the meetings will begin, hearing from the outgoing Chief Electoral Officer to start with. But with all of this going on, it bears reminding what we are doing with this whole “reform” endeavour in the first place, much of which has to do with the complaints that parties that don’t get a majority of the votes wield a majority of the power. Joseph Heath writes a great piece debunking this kind of thinking that everyone should read, because it is a reminder that trying to find a “true majority” becomes a futile quest – there is enough arbitrariness in any system that there can never be an actual majority, but it is simply more naked under First-Past-the-Post. Changing the system just moves the goalposts in different ways – indeed, proportional systems just removes the possibilities of majority government with the horse-trading of coalitions, which brings yet more arbitrariness into the system. So good luck, committee members, with your stated goals for the system you wish to choose when they are built upon foundations of sand.

Meanwhile, as our friends in the media write yet more stories about what the committee will be looking at, can I please offer the reminder about doing some actual research when it comes to systems like ranked ballots. Consistently our media colleagues have repeated the grossly distorted line that ranked ballots somehow “increase the disparities of first-past-the-post.” We’ve seen this over and over again, especially as the NDP and their Broadbent Institute brethren have picked it up as a talking point. No.

This supposed fact comes from a single analysis done by CBC’s Eric Grenier using a single poll done around the time of the election regarding second choices. That’s it. It doesn’t detail how the system actually works and what it is designed to do, which is to eliminate tactical voting, and yet we’ve never heard that description used once. Oh, wait – I used it in a sidebar I researched for the Ottawa Citizen. But that’s it. It would be nice if other journalists writing about this file could actually go and do a bit of research on their own rather than repeating the talking points provided to them by partisans, because we might get a better understanding of what is actually up for debate.

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Roundup: Squeamish MPs and the problems they cause

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So many pearls got clutched yesterday on a couple of topics that, while unrelated, actually have a lot more in common than one may think. The Supreme Court ruled yesterday that the legal definition of bestiality must include penetration (with only Justice Abella dissenting) based on its common law definitions going back years. It was a case that involved the sexual abuse of teen girls, but if you judged by the headlines and the reactions on social media, it was a number of bizarre over-readings of what the ruling was, as though they ruled it legal rather than saying that there is a hole in the law because MPs didn’t properly update it when they had a chance. And this is where this starts to overlap with what else is happening.

As you may have guessed, the pearl-clutching amongst the pundit class carries on over the Senate amending bill C-14 (I swear that Michael Den Tandt has clutched his pearls so tightly that he’s cut off the flow of oxygen to his brain) and the “suddenly assertive” Senate (it’s actually not, but rather it has a couple of genuinely problematic bills before it), and while I won’t repeat yesterday’s civics lesson, let me say that the Supreme Court decision around bestiality is exactly the kind of object lesson that the assisted dying legislation could easily become.

Let’s face it – MPs don’t like to deal with tough issues. When the abortion laws they tried to pass post-Morgentaler decision was defeated, they didn’t make a second attempt. When they passed “temporary” prostitution laws in the 1980s to deal with a specific public nuisance issue, they didn’t return to the issue as promised to deal with it until the Supreme Court struck them down in the Bedford decision. We saw yesterday morning with the bestiality case that where MPs should have dealt with the issue when they changed other laws around the issue in the 1980s, they didn’t until the Supreme Court had to render a decision that pointed out the loophole and a sexual offender had two charges against him dropped rather than the court make up a new law holus bolus. And now there’s doctor-assisted dying. The Court had very good reasons when they made the Carter decision to insist on a timeline, which MPs have been balking about because they don’t want to deal with it. When the Prime Minister defends the conservative nature of C-14 with the excuse that it’s the “first step” of a longer conversation, I don’t actually trust that there will be a second step because MPs are too squeamish to deal with tough problems. And that’s exactly why I think the Senate is right to rip the band-aid off right now and force the government to actually deal with the whole issue as the Supreme Court laid it out. And yes, the government is going to grumble and say they don’t want to accept the amendments, but I also think that it’s part of the narrative of reluctance, where they can then hide behind the Senate as having “forced” them to accept the changes, so that they have political cover when interest groups confront them during the next election. But we’ve seen this problem of MPs not wanting to do their jobs time and again and the problems that it eventually causes. And if it means that the Senate has to be the grown-ups and make them deal with it this time, so be it.

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Roundup: Jumping the satellite offices gun

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The NDP are signalling that they have received a hopeful sign in their attempt to take their battle over their satellite offices to the Federal Court, because an affidavit from a university professor that argues in favour of their position was accepted as evidence by the court. If I may be so bold, championing this as a hopeful sign is jumping the gun. Sure, they haven’t had their case summarily dismissed just yet, but that’s hardly a good sign. It could be that the judge wants to hear more arguments before writing his or her reasons as to why this case should never be brought before the courts because of parliamentary privilege, and while there is some academic opinion out there that this doesn’t qualify, I have a hard time seeing why not. It is a fundamental tenet of our democratic system that parliament be self-governing, which means that it does not submit itself to an external body for oversight, and that the courts do not interfere with Parliament and its operations, just as Parliament does not interfere with the courts as they do their job. The mechanism by which the House of Commons governs its affairs is the Board of Internal Economy. They may choose at some future point to come up with a new internal mechanism, but for the time being, that’s it. Normally it operates by consensus, but in this case, the NDP feel that they are being treated unfairly because the other parties at the table insisted that they broke the rules, and to justify their refusal to play by those rules, the NDP have cried “partisan” and “kangaroo court” rather than admit that they were in the wrong when they used parliamentary resources to open up those satellite offices (the very nature of which are dubious to begin with, because they are an extension of the centralization of power and communications within the leader’s office, which is problematic for the rights of individual MPs). By turning to the courts, the NDP are repudiating the supremacy of parliament in determining its own affairs, and that’s a problem. But then again, they are consistent in this repudiation, from demanding that the Board of Internal Economy be dismantled and replaced by a new bureaucracy to oversee MPs activities and expenses, and that senators be placed under some other external authority (in advance of abolition, of course). The problem with trying to replace parliamentary self-governance with a technocratic bureaucracy is that it undermines the fundamental nature of our democratic system. If we can’t expect the people we elect to be able to manage their own affairs, then why are we bothering to elect them in the first place? We might as well just hand power back to the Queen, tell her that the past 170-odd years of Responsible Government didn’t really work out, but thank you very much, and be done with it. Asking the courts to interfere with Parliament’s self-governing ability is a similar admission, rather than taking responsibility for their actions. It’s petulant and does long-term damage to our very democratic system. I quite look forward to a sound denunciation of their position by the Federal Court.

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Roundup: An exit and a streamlining

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In case you hadn’t heard, there are two national political policy conventions happening this weekend, both at the same time, so Kady O’Malley came up with a viewer’s guide to both events. Last night we heard from Stephen Harper in a pretty canned speech that was mostly the same talking points that were in his retrospective video, and he wants the party to look forward. The rest of the Conservative convention is to be dedicated to reinvigorating the party as opposed to giving it a complete overhaul, so say its attendees, but there is a push to get a better organization in place to engage youth in the country – something the party has not been good at doing, officially eschewing a youth wing – and the “draft Rona Ambrose” movement continues to try to get enough support to modify the party’s constitution to allow her to run (never mind that she’s stated repeatedly that she’s not interested in the job).

As for the Liberals, it’s not just a victory lap for them as they went from third place and from talks of their time being over and needing to merge with the NDP to forming a majority government. No, they’ve got a very serious debate on their hands as it relates to whether they adopt a new “streamlined” constitution or now, and by “streamlined,” it means more than just the actual streamlining of having 18 different constitutions, but it centralizes all of the power into the leader’s office and eliminates pretty much every accountability mechanism that exists in the party for the sake of becoming a party of Big Data. So while some streamlining is no doubt necessary, I’m not sure that this is the way that the party should be run. There is also a movement to have an emergency resolution debated to pressure the government into amending C-14 to make it more Carter decision compliant, but it appears that the party has quashed it.

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Roundup: The problem with sponsoring bills

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News that the “Government Representative” in the Senate, Senator Peter Harder, has been asking unaligned senators to sponsor government bills as they arrive from the Commons has me feeling a bit uneasy, and I’m trying to figure out why. This meant a trip through the Senate Procedure in Practice, and I find my concerns only slightly mollified. I will admit that the government’s plan to move a government bill in the Senate – Bill S-2, which deals with motor vehicle recalls – also has me uneasy because while it is being sponsored under Harder’s name, the fact that Harder is not a cabinet minister remains a troubling procedural issue. Government bills should be introduced by cabinet ministers, whether that minister is the Leader of the Government in the Senate or another minister in the Senate (which happens on occasion), and Harder, while sworn into the Privy Council, is not a minister. That the Conservatives did this with Claude Carignan was not a particularly good precedent to create or follow, since Carignan was essentially a minister without being in cabinet for the only reason that Stephen Harper was having a fit of pique over the ClusterDuff Affair, Carignan also having been sworn into Privy Council and being given access to PCO resources to do his job. But while Carignan was at least a part of the government’s caucus, Peter Harder explicitly is not, which is why this decision to have him sponsor government legislation is troubling. I remain of the view that as much as Harder is trying to present himself as non-partisan and independent, you cannot be independent while also representing the government because it is an inherent conflict of interest. That he is being asked to perform the functions of a cabinet minister while still proclaiming himself to be independent is risible. It is a problem that Justin Trudeau’s particular…naivety around his Senate reform project cannot simply gloss over without eroding the fundamental tenets of our Westminster system. That he wants a more independent Senate is not a bad thing, and the appointment of a critical mass of unaligned senators is a laudable goal, but you cannot expect someone who is not a minister to do the functions of a minister and still call themselves independent. As for Harder asking unaligned senators to sponsor bills, it’s not quite as outré as having Harder sponsor government bills that are initiated in the Senate, but I am still uncomfortable as this is typically something done by a member of the government’s party, given that the sponsor’s job is to defend the bill and advocate for its passage. While I don’t buy that every new appointed unaligned senator is really a crypto-Liberal, as many a Conservative senators would have you believe, the fact that Harder is the one doing the asking is still uncomfortable. It would perhaps be better if he were to call for volunteers to sponsor bills on their way from the Commons and then perform a coordinating role rather than an assigning one, if only for the sake of optics. Harder calling up unaligned senators and asking them to act as sponsors looks too much like he is playing caucus management, and if he continues to insist that it’s not the way that the chamber is operating, then perhaps he needs to be more conscious of the optics of the way he is operating.

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Roundup: Motion 6 regrets

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With a tiny bit of time and distance from the ridiculous events of this week, attention is turning back to the procedural shenanigans that got us to the frayed tempers in the first place. While the Liberals promised an era of fewer procedural tactics when being sworn in, in reality it was a petty dumb promise to make because let’s face it – sometimes it’s tough for a government to get their agenda through a House of Commons that doesn’t like some of their plans, and the opposition isn’t going to go along with them. It’s not their job to, and our system is built to be adversarial in order to keep the government accountable. On the other hand, there is so much hyperbole being applied to what Motion 6 was, and what the Liberals attempted to do with it, that we need to apply a little bit of perspective sauce. For starters, while Peter Julian rants and rails about how “draconian” the motion was, those in the know on the Hill know that he is very difficult to work with as a House Leader. In fact, the word “impossible” has been thrown around if you ask the right people. And sometimes that means using a heavier hand to work around. Rona Ambrose complained that Motion 6 took away “every ability” for the opposition to hold the government to account, but I’m not sure that dilatory motions are actual accountability. They’re protests, certainly, but that’s not necessarily accountability, so points for hyperbole there. And yes, this is a problem of the Liberals’ own making, promising infinite debate on an infinite number of bills, until they ran into a bunch of deadlines that made infinite debate a problem. And we need to remember that time allocation can be a perfectly appropriate tool when used appropriately. Did the Conservatives over-use it? Yes, because Peter Van Loan was an inept House manager, and the NDP refused to let any debate collapse, which made it a regular tool. And every debate does not need to go on forever. There is no genuine reason that there needed to be 84 speakers at second reading for the assisted dying bill. None. Particularly when virtually every one of those interventions was reading a script that said 1) This is a deeply personal issue; 2) What about palliative care?; and 3) Conscience rights, conscience rights, conscience rights. That does not need to be repeated 84 times at the stage of debate where you deciding on the merits of the bill. It’s noble that the Liberals were as accommodating as they were, but in this case, the opposition demands that everyone be heard – and not during extended hours – is actually unreasonable. Likewise, when LeBlanc started the time allocation motions, it was to head off NDP procedural trickery around Bill C-10, which they are perfectly justified in doing. And now that the government has backed off from Motion 6 (which I maintain was likely the nuclear option they were presenting to try and force the opposition parties back to the negotiation table for timetables around bills, and I doubt their tales that they were cooperative given the personalities involved), we’re going to see an increased hue and cry any time a future time allocation motion is brought forward. The Liberals, by combination of a dumb promise of infinite debate combined with their tactical ham-fistedness, have hampered their own future attempts to get bills passed in a timely manner. This will make things even more difficult going forward, as more planks of their ambitious agenda get unveiled.

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Roundup: The Sophie Grégoire Trudeau problem

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The issue of assistants for Sophie Grégoire Trudeau has become a bit ugly in social media, and overblown in the political arena while opposition parties on both sides of the spectrum try to cast the prime minister’s family as being these out-of-touch elites (some of it completely speciously, as the Conservatives try to equate Trudeau’s statement about not needing government funds for childcare and suddenly billing for nannies was hypocritical, despite the fact that he wasn’t the leader of a G7 nation before), because if there’s nothing that this country loves, it’s cheap outrage. And really, that’s what a lot of this is, combined with some garden variety sexist expectations that she should be a doting wife and mother in the home, taking care of meals and childcare on her own without any public profile. But before we delve into it further, a couple of important reminders.

Seriously, for the love of all the gods on Olympus, stop calling her the First Lady. We don’t have a First Lady in Canada because we have a royal family, and the closest equivalent – aside from Prince Philip as the Royal Consort – is the somewhat antiquated term of the Chatelaine of Rideau Hall.

No, this is completely wrong. We don’t elect governments or parties in this country. We elect 338 MPs, who come together in a parliament that forms a government. So in essence, we did elect the family that came along with the MP who was able to form a government.

And this really is the important point. We have a constitutional monarchy so that the royal family takes on the ceremonial and celebrity functions and prevents the Head of Government from becoming a cult of personality. Unfortunately, in this age of media and social media, where the Trudeaus are consider bona fide celebrities in their own right, it has created a kind of cult of personality (which is only worsened by the fact that the fact that Trudeau was elected by a nebulous “supporter class” means he is accountable to nobody and he knows it). So when the public comes looking for Grégoire Trudeau to do speaking engagements and to do the kind of celebrity outreach that members of the royal family do so well in the UK (but certainly less so here because of their relative absence), how are we supposed to react? What expectations do we put on her as the spouse of the Head of Government, who has no defined role? While I have no objections to the nannies or single assistant (Trudeau is prime minister of a G7 country, and demanding that his spouse do all of the domestic work is frankly odious, particularly given her diplomatic expectations), I find myself torn about the need for additional help. I have no doubt that she needs it, because she has chosen to parlay her celebrity toward charitable causes. And it’s less about the taxpayer’s money that rubs me the wrong way, but the fact that this is getting uncomfortable under our system of government and constitutional traditions. That we have a prime minister who has formed a kind of cult of personality is very uncomfortable, but it’s not a problem with an easy solution, short of insisting that members of the royal family start spending more time on our shores to do the work of the celebrity face of our constitutional order. Is the solution to have the party pay for her added assistants? Maybe. Or to charge speaking fees on a cost-recovery basis? One can imagine the howls out outrage that an “elite” is charging charities money already. There’s not an easy answer, but the discomfort around the larger problem of where our system is headed is something that we should be talking about. Unfortunately, that conversation is being drowned out by cheap outrage and the June and Ward Cleaver crowd, which is only making this whole exercise reek.

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Roundup: New paths to power

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If there was any particular proof needed that things are indeed changing in the government, the way in which decisions are made is a pretty good place to start, as Susan Delacourt explores over in Policy Options. Gone are the days when all paths lead to the PMO, but rather individual ministers are empowered to make decisions, but at the same time, they are expected to consult with provincial and territorial counterparts. The civil service, having grown used to not being asked to draw up an array of options for shaping policy, is now a “fixer upper,” while the new dynamic makes it possible for anyone to contribute to policy discussions, meaning that the government can draw from a bigger pool of ideas. And the new buzzword of “deliverology” means that goals are being drawn up as tangible things that have knowable results, rather than just abstract dollar figures. (The “guru” of deliverology just met with cabinet at the Kananaskis retreat, where he said that the government has made good progress over the last six months). Commons committees are coming up with policy discussions of their own (not that they’re always going to be taken fully, as the assisted dying legislation shows). We have evidence that the Senate and their legislative agenda is being listened to, with examples like Senator Moore’s bill on restoring parliamentary authority over borrowing being adopted in the government’s budget, and Ralph Goodale talking about how they are considering his bill on CBSA oversight. So yes, it looks like the centre of power is less and less the PMO in this brave new world, which is probably not such a bad thing after all.

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