Tag Archives: The Senate

Roundup: Senator Greene’s lament

Posted on by

Conservative-turned-independent Senator Stephen Greene took to the pages of the National Post yesterday to decry Andrew Scheer’s plans to return the Senate to a more partisan institution by making partisan appointments, should he ever form a government and be in a position to do so. Much of Greene’s op-ed makes a series of good points, but at the same time, I find myself a bit leery of his particular conclusion that partisanship is a bad thing period. I agree with his points that a too-partisan Senate can simply act as a rubber stamp, which there were many cases that it appeared to during the later Harper years, when they had a comfortable majority in the Upper Chamber and simply went on neglecting needed appointments while letting their caucus be whipped into continued votes in support of legislation, no matter how flawed.

Where Greene’s analysis falls down, however, is the fact that while the tendency in a more partisan Senate to whip votes means there is less pushback against the government of the day, it fails to take into account that to a great degree, it’s not so much the final vote that matters in the bigger picture than what goes on the record. Courts rely on the parliamentary record to help determine what parliament’s intentions were when they are asked to interpret the law, and in cases where opposition parties in the Senate are unable to get enough votes to push through amendments to a bill, they can at least attach observations to it, and ensure that their objections are on the record – something the courts find valuable. The other aspect is that having senators in the caucus rooms provides a great deal of perspective to MPs because the Senate is the institutional memory of Parliament. Not having those voices in the caucus room, behind closed doors, can mean even more power for the leader because there are fewer people who aren’t constrained by the blackmail powers of that leader to not sign nomination forms, for example, who can push back and who can offer the cautions to the other MPs when the leader is overstepping their bounds. Not having those voices in the caucus room diminishes them, which is something that the Liberals have been dealing with (while Trudeau’s office centralizes yet more power as a result).

Greene also doesn’t seem to appreciate the fact that not having party caucuses in the Senate means that opposition is harder to organize, thereby advantaging the government of the day. It also makes ideological scrutiny of government legislation more difficult because a chamber of independents, especially when you have a mass appointed by a government on ideologically similar lines. That is an underappreciated element of the Westminster structure in the Senate that most modernization proponents continually overlook.

While I sympathise with many of his points, and I do recognise that there have been problems with how the Senate has been operating for the better part of a decade, partisan caucuses weren’t the sole cause of those problems. Breaking up the two-party duopoly has been a boon to the Chamber’s governance and management, and that’s why having a “crossbencher” component has proven to be extremely valuable. But doing away with party caucuses entirely is short-sighted, and causes more problems than it solves.

Continue reading →

Roundup: The Canadian pathology meets Rolling Stone

Posted on by

Justin Trudeau was on the cover of Rolling Stone magazine yesterday, which set off the Canadian Twitter sphere along its usual predictable paths. Journalists sniffed at the overly fawning tone of the piece (dismissing it as “political fan fiction”), while also pointing out the factual errors in the piece (apparently, Trudeau leads the “Liberty Party”) and ranking its cringe-worthy moments. The woke crowd railed about how Trudeau really isn’t progressive and how much of a terrible promise-breaking failure he is. And the Conservatives, predictably, acted with usual partisan disdain, so much that it strained credulity (Lisa Raitt in particular took the bizarre track of insisting that this was more damaging to coming NAFTA negotiations than her fellow MPs racing to American media outlets to decry the Khadr settlement). So, really, it was a fairly standard day of social media faux outrage.

https://twitter.com/emmmacfarlane/status/890284884283060229

This all having been said, the one thing that kept going through my head while this was all going on was just how perfectly this whole thing fit into the particular Canadian pathology of demanding approval from the Americans – especially when it comes to our artists or actors. Until they’ve decamped for the States and make it there, we largely tend to treat them with disdain, that they’re some kind of Podunk bush leaguers who obviously aren’t successful enough to have left Canada yet. And yet, the moment they do go to the States and make it big, we turn around and go all tall poppy syndrome on them and tear them apart for thinking that they’re better than us, and how dare they. And this whole Trudeau-Rolling Stone thing smacked of that entirely. The Americans are noticing him, so yay, we’re on the world stage, let’s mark the occasion by writing wire stories about the story and magazine cover, but how dare he seek the spotlight, and how dare they comment on his looks, and how dare they write a puff piece, etcetera, etcetera. Same pathology entirely. It’s boring, guys. Get a grip.

Meanwhile, here’s Robert Hiltz to throw some more cold water on the whole thing.

https://twitter.com/robert_hiltz/status/890217322966904832

https://twitter.com/robert_hiltz/status/890217785137274880

https://twitter.com/robert_hiltz/status/890218700128874496

Trudeau, incidentally, also appeared on the West Wing Weekly podcast, and John Geddes dissects Trudeau’s responses and what they all portend.

Continue reading →

Roundup: A sudden demand for subsidies

Posted on by

Something that went largely unremarked yesterday was a somewhat bizarre press release that Andrew Scheer put out, bemoaning the lack of cellphone coverage in one region of Quebec, and then wondered why the government had all kind of money to spend on other things but not this, and then lumped it in with softwood lumber and Supply Management as a Quebec priority.

https://twitter.com/journo_dale/status/889841610665730048

While the fact that the Conservative leader was in essence demanding subsidized cellphone coverage in one particular region is strange in and of itself, it should be a reminder that this is no longer a party of actual fiscal conservatism – it’s a party of economic populism that just happens to chant about balanced budgets for the sake of it. To be certain, this is the first time I’ve seen cellphone coverage being listed as a top priority from Scheer or the Conservatives, and as many of my Twitter followers pointed out, there are plenty of places in this country with poor or non-existent coverage, especially along the TransCanada highway – somewhere one might expect that it might be some kind of national priority. But I’m also curious as to what exactly Scheer proposes to do about it that government deficits aren’t taking care of – language that seems to imply that they’re not simply going to demand that companies provide this coverage through regulatory means. Add to that, they were in power for almost a decade and did nothing about these kinds of coverage gaps, so it makes one wonder why it suddenly became a priority unless it just happens to be somewhere that Scheer is hoping to pick up some votes. Crass politicking? Perish the thought!

Continue reading →

Roundup: Disingenuous leadership promises

Posted on by

In the wake of the unity vote in Alberta on the weekend, there were a number of developments around the United Conservative Party yesterday morning, starting with the fact that one of the other PC leadership candidates who lost to Jason Kenney left the party, citing that it wasn’t going to be centrist enough. Meanwhile, the Wildrose house leader, Nathan Cooper, was named interim leader of the united party, while they get their Elections Alberta paperwork sorted. (Incidentally, the leadership is supposed to be decided by October 28th and the legislature not recalled until October 30th).

https://twitter.com/MBellefontaine/status/889585274837098496

Brian Jean also tendered his resignation as Wildrose party leader, and made a bid for UCP leader by mid-afternoon. And that’s where some of the fun/frustration sets in.

https://twitter.com/mbellefontaine/status/889620613958184961

https://twitter.com/mbellefontaine/status/889622291591684097

These were two statements that Jean made, but they’re among the most problematic.  For starters, his promise on the carbon tax should be taken with a giant shaker of salt because by the time there’s an election in Alberta, there will be a federally mandated carbon price, and it would make absolutely no sense for a hypothetical Jean-led UCP government to withdraw the provincial tax only to be hit with a federal one that is designed roughly the same way – especially when the oil industry in Alberta has largely been behind the tax process because it offers them predictability and price measures that they can work with. And if Jean thinks that there will be a Scheer-led Conservative government federally who will cut the federal carbon tax, well, that sound a lot like counting chickens before they’re hatched.

The promise around equalization is even more nonsensical because there’s nothing that a referendum would actually accomplish. Equalization is a federal programme that comes out of the consolidated revenue fund. Alberta doesn’t write a cheque to Ottawa, who then turns it over to Quebec. Equalization comes out of the income taxes that everyone pays to the federal government, and is used to ensure that all provinces – especially those who don’t have a lot of revenue-generating potential – can offer roughly equal levels of services for things like healthcare. Alberta is a rich province. Its incomes are well above those in the rest of the country, and hence, they pay more income tax. That’s it. That’s how equalization works. If he thinks that he can somehow hold is breath and withhold paying, well, he’s utterly mistaken, and to promise otherwise is disingenuous, populist bilge. He can’t change the constitution either, so good luck with that. Sadly, because nobody actually explains to people how equalization works, people end up believing Jean’s nonsense.

Incidentally, Jason Kenney is expected to announce his UCP leadership bid this Saturday. Colby Cosh takes on the coming leadership contest here (and it’s a pretty cracking read).

Continue reading →

Roundup: Promised term-limits?

Posted on by

In yesterday’s Hill Times, the question of promised term-limits for Harper appointees in the Senate was discussed, with a variety of responses in return. Some confirmed that they had agreed to an eight-year limit and would try to hew to it, while others said that it was some great myth that they agreed to such a limit when they were appointed, and expressed bafflement as to where the media got such an idea. (Hint: A bunch of senators said that they agreed to it, including Senators Wallin and Duffy). And while some of those senators noted that things changed, and that it wasn’t a realistic promise to keep if it wasn’t applied evenly, I would also add that it would have been an unconstitutional promise (if indeed they had made it).

While there is some fairly clichéd grumbling about how terrible it is that some senators are appointed for thirty-some year terms, the concept of term limits in the Senate is generally a bad one for a number of reasons. First of all, most terms that have been bandied about are too short to be effective. The Senate is the institutional memory of Parliament, given that we have a fairly low rate of incumbency and a high rate of turnover in the House of Commons. Eight year terms are not only too low for much in the way of memory (twelve being better), the bigger problem with eight-year terms is that it would allow a prime minister with two majority mandates to completely turn over the composition of the Chamber, which is a Very Bad Thing when much of the raison d’être of the Senate is to be a check on a majority PM.

The other, bigger point, about having a Senate where they are appointed to age 75 and are difficult to remove is that the tenure allows for institutional independence. If you have term limits – especially shorter ones – it means that you stand a greater likelihood that senators start trying to curry favour with the government toward the end of their term so that they can get some kind of post-senatorial appointment, whether it’s a diplomatic posting or heading a tribunal. By ensuring that they stay until the mandatory retirement age, it means that they aren’t going to be trying to leverage their position for post-senatorial employment because they will beyond the age by which any federally appointed positions will have them. That’s an important consideration that often gets overlooked.

While this debate around whether these senators did or didn’t agree to such a term limit, there is no enforcement mechanism, and as stated earlier, it was an unconstitutional promise so it should be considered moot. As to the point as about senators with very long tenures, that remains something that the government that did the appointing can be held to account for (and indeed should be) if they consistently appoint young senators.

Continue reading →

Roundup: Rural nomination angst

Posted on by

In yesterday’s Hill Times, a few would-be Liberal candidates in rural ridings are talking about how they want nominations to start sooner than later, citing the challenges of rural life when it comes to door-knocking – owing to the difficulties of travel in the winter, the best time for them to meet constituents is in the summer and autumn. Hence, they want the nomination process to be over before summer 2018, so that they have a long lead-time to do the campaigning in large rural ridings – something that is less of an issue in urban ridings.

As far as suggestions go, it’s not a terrible one. I think that parties should have a fairly long lead-up with a nominated candidate, particularly in unheld ridings, so that they can do the work of grassroots engagement and get people involved in the process. This also being said, in a riding that has an incumbent, you also don’t want to run the nomination too early because an open nomination is also a way to hold that incumbent to account by their grassroots members, so if you hold the nomination too early, you don’t get as much of their tenure to judge them by. I know that some Liberals are agitating to have their nominations protected, while Conservatives have a threshold system in place to protect their nominations (which I am less keen on because it can short-circuit accountability), but I also know that the Liberals haven’t made up their minds how they’re dealing with nominations for 2019, which boggles the mind. Of course, this is part of the fallout of their wholesale party constitution rewrite (which, I will remind you, centralised even more power in the leader’s office at the expense of the grassroots), so we’ll see how they decide to deal with this, and how much lip-service they pay to the grassroots while still keeping their newly acquired centralized power. Suffice to say, nominations remain the most important part of our democratic process, so watching a party flail about it is never a good thing.

Continue reading →

Roundup: Charles and Camilla in Iqaluit

Posted on by

Prince Charles and Camilla, Duchess of Cornwall, arrived in Canada, starting their tour in Iqaluit to talk about revitalising the Inuit language – project he has taken great interest in, and last year invited some Inuit delegates to Wales to hear about how they had success in revitalising the Welsh language there. While Charles’ official role in Canada is somewhat ambiguous now that we have a dubious succession law on the books (thanks to the previous government), he is nevertheless the heir to the Crown. The tour moves to Trenton and Prince Edward County in Ontario today, and Ottawa for Canada Day on Saturday.

Continue reading →

Roundup: Trudeau’s missing electoral reform link

Posted on by

Apparently, we’re going to prosecute the demise of electoral reform yet again, after Justin Trudeau was asked about it in his end-of-sitting press conference yesterday. Trudeau, to his credit, was a bit more frank and earnest than he has been on this in the past, and laid out how he had always been in favour of ranked ballots because they eliminate the need for strategic voting, and the opposition was so solidly in their own camps – the NDP for Proportional Representation and the Conservatives for status quo with the added kicker of demanding a referendum – that Trudeau ended up pulling the plug, because he sees PR as bad for the country (he’s not wrong) and referendums even more problematic (again, their track records globally right now are not good).

Of course, everyone freaked out about this answer, and starting howling and frothing at the mouth about how much he’d betrayed them with this promise. Of course, per his promise he did draw up a committee and consult, but he pulled the plug before changing the system.

https://twitter.com/emmmacfarlane/status/879745237308059648

https://twitter.com/emmmacfarlane/status/879754505297985536

https://twitter.com/EmmMacfarlane/status/879754815626252288

Part of the problem – aside from the fact that it was a stupid promise to begin with – was that the Liberals on the electoral reform committee didn’t make the case for ranked ballots, nor did they call any witnesses to put forward that position, and apparently disinvited the ones who had already been invited. Having listened to the eager faces on the committee, I’m not entirely convinced that this was simply a cynical ploy the whole time, but I do think a great deal of naïveté was at play, where they were trying to be open-minded – something none of the other parties could say, as they did their utmost to stack the process from the beginning, both with the torqued composition of the committee itself, to the selection of witnesses, to the so-called “consensus” in the report (which was hot garbage, let me reiterate).

The fact that the Liberals played coy about their Trudeau’s preference was certainly a problem. Maybe it’s because they were trying to avoid the myth going around that ranked ballots were “First-past-the-post on steroids,” a characterization based on the analysis of a single poll of second-choice votes of the 2015 election, which was neither authoritative, nor did it take into account the fact that it didn’t produce such a result in Australia, and yet this notion hovered in Canadian media for months. So the handling of this whole affair continues to mystify, but for the love of all the gods on Olympus, can we just bury it already?

Continue reading →

Roundup: Trying to measure independence

Posted on by

As Senators have made their way back home for the summer, we’re having another round of them poking each other, like kids in the backseat of the car on a long trip, over just who are the “real independents” in the Senate. It’s getting a bit tiresome, especially with the Conservatives insisting that they’re the only ones because they vote against the government more often. The problem is that it’s a fairly flawed metric because they’re the Official Opposition and are supposed to vote against the government on a consistent basis. That doesn’t make them independent – it makes them the opposition.

The big problem with the metric about voting as a measure of independence ignores the broader procedural issues. If the government could really command the votes of its new independent appointees, then bills would be making it through the Senate a lot faster, and they’re not. The logistics of getting legislation through the chamber when you don’t have a whip who is organizing votes is one of the measures by which you can tell that these senators are more independent than the Conservatives in the Senate give them credit for. While the Conservatives, Senate Liberals and Independent Senators Group are getting better at organizing themselves in trying to come up with plans around who will be debating what bills when, the fact that the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, refuses to negotiate with those groups to prioritize some bills over others, has been part of the reason why some bills went off the rails and took forever to pass. If he did negotiate, or could command votes to ensure that bills could be pushed through when needed, I would buy the argument that these senators aren’t really independent. The fact that there is this lack of coherence in moving legislation is one of the markers in the column of greater independence. This is also where the argument about the need for an Official Opposition kicks in.

While the dichotomy of strict Government/Opposition in the Senate has been upended with the new group of Independents, ending the duopoly of power dynamics that contributed to some of the institutional malaise around the rules, I will maintain that an Official Opposition remains important because it’s important to have some focus and coherence when it comes to holding the government to account. Simply relying on loose fish to offer piecemeal opinion on individual pieces of legislation or issues risks diluting the effectiveness of opposition, and it also means that there is less ideological scrutiny of a government’s agenda, which is also important. Partisanship is not necessarily a bad thing, and the Senate has traditionally been a less partisan place because there was no need for electioneering within its ranks. Trying to make it non-partisan will not make it better, but will make it less effective at what it does.

Continue reading →

Roundup: One bill passed, one deferred

Posted on by

After very little drama, the budget implementation bill passed the Senate, their tempers cooled overnight. Not that it was ever going to be a real constitutional crisis – blame some garden variety torque for that one, but this wasn’t a meek climb down. The Senate did launch one final jab at the Commons, reminding them that while they are passing the budget bill this time, they nevertheless have the authority to amend or veto budget bills if they so choose – a pointed rebuke to the provocative boilerplate language of the Commons’ rejection of their amendments.

This having been said, what the Senate didn’t do was pass Bill S-3, which aims to remove certain types of discrimination from the Indian Act. The Senate amended the bill to remove all of the discrimination, while the Commons nixed said amendments, and the Senate was more willing to dig their heels in this one. By deferring debate and votes on this until September, it puts the government into a particular legal bind because they were under a court deadline of July 3rd to pass this bill in order to comply with a court order. This didn’t happen, and one suspects that it’s because the senators at the centre of this want to put more pressure on the government to accept their amendments and remove that discrimination.

Meanwhile, Dylan Robertson got a copy of the court decision that refused to extend the timeline for the government.

We shall see what the government’s next move is. I suspect it will be another court extension, but whether the summer to think over the amendments in light of the judge’s ruling may prompt a change of heart. Maybe. Time will tell.

Continue reading →