Roundup: Leaking cabinet confidences is a Big Deal

I will readily admit that I haven’t been keeping as close of an eye on the whole drama surrounding the suspension of Vice-Admiral Mark Norman from the post of vice-chief of defence staff, and the alleged leaks surrounding the contract to refit a supply ship for our navy (which currently has none, thanks to consistently bungled procurement processes). It wasn’t until this particular walkthrough from Murray Brewster that the elements of the story all started to crystalize, in part because we finally got some more details about just what was being alleged thanks to a judge ordering the release of information. Over the past couple of days, the extent of those backchannel conversations with certain shipyards and their aim – to use media leaks to publicly pressure the government to go a certain route when they were resistant – may seem like pretty insider stuff, but it actually has some pretty broad implications for our entire Westminster-system of government.

While you may have certain pundits who bemoan the case against Norman is thin gruel, especially in light of the whole lack of convictions in the ClusterDuff affair, I have to say that leaking cabinet confidences is probably a little more significant. As noted parliamentary scholar Donald Savoie notes in this piece, Cabinet secrecy underpins our entire system of government because it relies on government to act with one voice, and to stand and fall in unison rather than with ministers as individuals. Cabinet solidarity is a Thing, and it’s an important Thing. Cabinet secrecy ensures that there can be a full airing of views and that it’s not just a focus group for the prime minister, and this extends to the advice that the civil service is able to provide. There needs to be a certain amount of secrecy to that advice so that there can be a meaningful back-and-forth of ideas and discussion before a political decision can be taken, and then held to account.

What Norman allegedly did was to use his position as a servant of the Crown, who swore an oath to the Queen and not the government of the day, to further his own interests. He was taking the political decision, and allegedly leaking those cabinet confidences in order to force the situation toward his desired outcome. That not only violates the roles of the civil service (and military by extension), but it undermines cabinet government. We The Media may grouse about the extent to which things are declared cabinet confidence, but it is important – particularly because this government is practicing cabinet government more than its predecessors have been, or even many of the provinces. I’ve had conversations with current ministerial staff here who used to work at Queen’s Park who have attested that cabinet government is real here, unlike Ontario, where it was all controlled from the centre. Leaking confidences undermines this, and it is a serious matter – not just the thin gruel that some would have us believe.

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Roundup: Exit O’Leary

So the big news, in case you missed it, was that Kevin O’Leary dropped out of the Conservative leadership race hours before the final debate, and endorsed Maxime Bernier (never mind that Berier just weeks ago referred to him as a “loser”). And that they came to a late-night agreement, but O’Leary’s team still sent out fundraising pleas the next morning, hours before the announcement. Oh, and the ballots have already been mailed out with O’Leary’s name on them (and any votes he gets will just fall off and second choices will be counted instead, given that this is a ranked ballot). O’Leary cites winnability, and the fact that he can’t win Quebec (just like everyone has been saying the whole time), so that’s why he’s going to Bernier (who, incidentally, may also not be able to win more than his particular corner of Quebec given his ideological hostility to much of what they seem to hold dear).

In the wake of the departure, here is some reaction from O’Leary’s campaign manager, Michael Chong, CBC’s poll analyst Éric Grenier, and Paul Wells delivers a signature thumping that you really need to read.

As for that debate, or “debate” as it should more properly be known (as with any of them held in this leadership contest), it was a weird mix of pointed attacks on perceived rivals, along with sucking up to others to try and win second-place support on those ranked ballots, because they very well know that it could be their path to victory. Some of the pointed attacks were expected – toward Kellie Leitch for fostering the image that the party is intolerant to the immigrants in suburban ridings that they rely on for electoral victory, and toward perceived front-runner Maxime Bernier. The one that was most surprising – and galling, to be frank – was Erin O’Toole going after Andrew Scheer because he became Speaker in 2011 and was apparently too busy “hosting functions at Kingsmere” than being “in the trenches” with the rest of the party (never mind that O’Toole wasn’t even an MP yet at the time).

The one thing that did irritate me the most, however, was the continued fetishism of private sector experience as somehow being a qualifier for political leadership, never mind that there is zero crossover between the two. With O’Leary now gone from the race, you had this mad scramble to try and claim this particular tin crown, and it was pretty sad. Rick Peterson was loudest – having never stood for office before – while Andrew Saxton, O’Toole and Bernier all tried to pile onto claiming their own experience. Government and business do not operate the same way. You cannot run a government like a business because there is no “bottom line.” Trying to claim some kind of credit for “making payroll” is meaningless noise in politics. The sooner you realise this, the sooner you can have a proper debate about issues.

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Roundup: Copping to privilege is not excusing it

Earlier in the week, Justin Trudeau was asked by VICE about the problem of people getting criminal records for pot possession when decriminalization is around the corner, and he related a story about how his late brother was once charged with possession and their father, with his influence and connections, was able to make those charges go away. And then the opposition went crazy with it.

Of course, Raitt is missing the point in that it wasn’t that Trudeau is endorsing one set of rules for the elites and one for everyone else. (Raitt, of course, is trying to use the “Trudeau is an elite and I’m just a Regular Girl™” line as her campaign platform, which is getting pretty tired). He’s acknowledging that the current system ensures that kind of outcome, which is why he’s looking to change it.

Thomas Mulcair, of course, couldn’t wait to rail about the “abject hypocrisy” of it all, and to repeat his demands that the government immediately put through decriminalization until legalization is sorted, as though this was something that the PM could just snap his fingers and do.

But no, that’s not how this works. Mulcair has been in politics to know this, which makes his concern trolling all the more disingenuous.

If you wanted a measure that could be implemented right away, then the provinces could opt not to pursue charges for simple possession (which I think is pretty much what is going on in most cases), because they’re the ones who have jurisdiction for the administration of justice and who can set their own prosecutorial guidelines. They could instruct their Crown prosecutors not to pursue simple possession charges – but that’s the provinces’ call, not the PM’s – again, making Mulcair’s calls disingenuous. Decriminalization also doesn’t serve the stated purpose of legalization, which is to regulate sale to keep it out of the hands of children and to combat the black market. But I’m sure we’ll be hearing about this for the next few days, unless the Trumpocalypse and the brewing trade war consumes the news cycle today.

Update: I am informed by lawyers that I’m on the wrong track, that the federal prosecution service deals with drug offences and that simple possession charges are still common among minorities and marginalized groups. So mea culpa on that one.

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Roundup: Ontario’s “basic income” scheme a bit suspect

The province of Ontario decided that it was going ahead with a three-year pilot project around basic incomes in three municipalities around the province – Hamilton, Thunder Bay, and Lindsay, each testing different circumstances and local conditions. But there are problems with the way this is all designed, which Kevin Milligan (who has been studying this issue) outlines:

In other words, this isn’t really basic income, which makes it all that much harder to actually evaluate its efficacy, and if it’s not displacing existing welfare or benefit programmes, then it’s not really recouping those costs which makes this hideously expensive. And that’s really been the biggest problem with basic income proposals – the cost. While the idea is that they would displace current benefit programmes, there is less money to be had in cutting the red tape and bureaucracy than one might think, and I’m pretty sure that Bill Gates’ idea of taxing robots to pay for basic income for the workers they displace isn’t really feasible either.

Oh, and then there are the political considerations.

With an election not too far off in this province, we’ve seen a few moves by this government to try and out-left the NDP in places, hoping to cobble together the same sort of winning voter base that they managed to in their last election, and which their federal counterparts similarly managed in 2015. While I get the merits of basic income, I remain dubious of its feasibility, especially when this pilot project appears to be so poorly designed. But then again, I’m not an economist.

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Roundup: Face it, strategic voting is a sham

With BC now in a provincial general election, the messages about “strategic voting” are again plaguing the social media channels. Brenda Fine, aka @moebius_strip, wrote a response to this constant complaints, and pointed out the huge folly in the various “strategies” being proposed, in part because they rely on dubious polling practices and because the groups organizing these “strategic voting” sites often have their own agendas (usually NDP partisans from my own observations) and will urge people to vote in ways that were wildly against the best chances for a non-Conservative (per the 2015 federal election), which in many cases was Liberal by a landslide. So yes, strategic voting is generally a foolhardy practice that has no actual basis is reality, but time after time, despite it being proven to be wrong, people continue to insist on it. Because this time, it’ll work for sure!

Part of what bugs me about the constant lamentations about strategic voting is that they are predicated on this notion that you should always be able to vote for ice cream with sprinkles in every election and get that result, even when ice cream with sprinkles is not always what’s on offer. Voting is about making a decision, and sometimes, it’s not an easy choice and voters are forced to put on their big boy/girl pants and make a tough decision given a bunch of unsavoury choices. Sure, it sucks, but it’s called being an adult in a democratic society, and you have a responsibility to make tough calls. And then, once you’ve made that tough call, you can look at what you did to contribute toward ensuring that there was a better choice on that ballot, whether it was participating in a nomination race to get better candidates’ names put forward, or joining a party to ensure that better policies were on offer coming from the grassroots membership. Of course, 98 percent of the population did nothing to ensure that there were better choices on that ballot, and then complain that they have to make an unsavoury choice. Aww, muffin. Democracy’s not a spectator sport where you get to just cast a ballot every four years if you’re not too busy. It means you actually have to participate if you want better outcomes. (And here’s a primer to show you that it’s actually not that difficult to do that and get involved).

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Roundup: Not all omnibus bills are abusive

As if we needed another excuse for the opposition to blow their collective gaskets, the Liberal budget implementation bill clocks in at around 300 pages, and touches on several different Acts. In other words, it’s an omnibus bill.

“Oh!” They cry. “You promised you wouldn’t use them.”

Err, they promised not to abuse them, and in fact were careful in their language so as to not promise that they would never be used, because anyone who knows a thing or two about the legislative process knows that sometimes omnibus bills are necessary, particularly when it comes to housekeeping bills that clean up language across several acts, for example. What separates a proper omnibus bills from abusive ones are the fact that they are around a common theme, and can be studied by a single committee. This is where the Harper bills failed the test – while they claimed that they were under a single theme (i.e. implementing programmes mentioned in the budget), they touched on all manner of subjects that were not all under the purview of the finance committee, and this is really the key. When they put in sections that rewrote the entire environmental assessment legislation – under the dubious rubric of doing it for the sake of stimulating resource projects and thereby the economy, this was not something that the finance committee could necessarily study, and certainly not when the hundreds of pages and tight time-allocated timelines meant no time to do proper study of the various and sundry provisions. That is abusive.

From everything I’ve seen of this new budget implementation bill, it certainly looks like everything is all related to fiscal matters and would be under the purview of the finance committee to study. Yes, it’s 300 pages, which shouldn’t be the determining factor, and this is more about the opposition torqueing the issue in order to make it look like the government was breaking a promise when in fact they’re not included the kitchen sink into the bills in order to bully them through with as little scrutiny as possible.

What disturbs me more is the fact that like prorogation, “omnibus” is becoming a dirty word because the previous government took it upon themselves to abuse the practice, while my media colleagues haven’t done enough to disabuse the notion that just because a practice has been abused that it’s not actually illegitimate in and of itself. Prorogation is a routine practice for breaking up a legislative session and hitting the reset button in terms of plans and priorities, while omnibus bills have their uses (as we’ve already established). Just because Stephen Harper abused them to his own ends – which is party didn’t seem to be railing about as they are with this current omnibus bill – it doesn’t mean they’re all bad. This shouldn’t be rocket science, and yet, civic illiteracy is rapidly determining the narrative.

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QP: Proto-PMQs, take two

Question Period was late today, due to Malala Yousafzai’s address to parliament, and was the only item on the Order Paper for the day. Meanwhile, not all leaders bothered to show up either. Rona Ambrose led off, mini-lectern on desk, lamenting new taxes and the plan to increase user fees in the budget bill. Justin Trudeau insisted that they were proud of their choices and the ways they are helping the middle class. Ambrose spun the question as taxing time-off, and Trudeau responded by praising their decision to offer free passes to national parks this year. Ambrose spun it about camping — as those fees are going up — but Trudeau reiterated his response. Ambrose then asked whether the government planned to pass her bill on sexual assault training for judges, and Trudeau noted his support for survivors, but he also respects Parliament and the work of committees, and he looked forward to those discussions. Ambrose pressed, and Trudeau noted that it was important that they appointed more women to the bench, which they were doing. Alexandre Boulerice led off for the Liberals, railing about the omnibus nature of the budget implementation bill. Trudeau insisted that it was not an abuse of omnibus legislation, all items were included in the budget. Nathan Cullen repeated the question in English, got much the same response, then Cullen railed about the provisions around the PBO. Trudeau noted that it would make him a full Officer of Parliament with greater independence. Boulerice repeated it in French, and got much the same answer.

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Roundup: A ham-fisted trap for the Senate

While Government Leader in the Senate – err, “Government Representative” Senator Peter Harder continues his tour of sympathetic media (the latest being the CBC), crying about how the Conservatives are holding government legislation “hostage” and how he needs to have the rules of the Senate changed, he and his team have been doing everything they can to destroy what collegiality exists with the Senate through ham-fisted procedural moves of their own.

The bill in question is C-4, which is the stated repeal of anti-union bills passed by the Conservatives in the previous parliament, and naturally they would be putting up a fight, tooth-and-nail, to keep their old legislation. Not surprising, but also a doomed fight. The bill was on track to pass the Senate this week, when Harder’s deputy, Senator Bellemare, announced that they would be calling a vote on it before Thursday, claiming that they had the support of all senators to do so, when in fact they didn’t. Reminder: the bill was on track to pass, as the Conservatives had exhausted their abilities to delay it. By pulling this manoeuvre, Bellemare basically sabotaged the working relationship between the caucuses in order to maybe shave a day or two from the bill. Maybe. Rather than letting it go through, she (and by extension Harder) turn it into a fight over procedure and sour feelings. Why? So that they can turn around and whine some more to the media that the political caucuses in the Senate are not working with them and are being obstructionist, therefore “proving” that they need these proposed rule changes that Harder wants. Harder, meanwhile, gets to look like he’s the victim and just trying to be reasonable when he’s the one who hasn’t been negotiating with the other caucuses this whole time.

What gets me is just how obvious he’s being about it. Well, obvious to someone who knows what’s going on in the Senate, but most people don’t, and he’s keen to exploit the fact that the general public – and indeed most journalists – aren’t paying attention, and he can use that to his advantage. None of their actions make sense if they actually wanted a working relationship with other senators and to try and get those bills they’re suddenly so concerned with (despite the fact that they have done nothing so far to try and move them along), which makes it all the plainer to see that this latest effort has nothing to do with trying to get bills passed in the Senate, and more to do with changing the rules in order to advantage his position.

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Senate QP: Morneau talks growth

After a length delay owing to a snap vote in the Commons, Senate QP finally got underway with special guest star, finance minister Bill Morneau. Senator Smith led off, worrying that for an “innovation budget,” it wasn’t doing enough for promoting business investment I order to promote innovation. Morneau responded by reminding Smith that the fundamental challenge they were trying to address was slow growth, and noted that the reduction of unemployment was a sign that their plan was working, creating a level of optimism that would attract future growth. Smith insisted that they should be lowering taxes and giving an EI break for hiring younger people, but Morneau wasn’t sold on Smith’s logic, pointing out flaws with this argument around corporate tax rates and said that they were on track for a higher level of growth.

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QP: Back to helicopter questions

With the PM back from France, and business in the chamber was already hijacked by procedural shenanigans. Rona Ambrose led off, worrying that the PM had misled the House by saying that he had no choice by to take the private helicopter during his vacation to the Aga Khan’s island, to which Justin Trudeau deflected with his standard response that it was a personal vacation and he was happy to answer questions from the Ethics Commissioner. When Ambrose pressed, Trudeau added that he followed the RCMP’s advice regarding travel, but added nothing more, even on a third question, demanding clarification on the RCMP addition to the answer. Ambrose moved onto the question of Syria, demanding that sanctions be restored to Russia in a first step to remove Bashar Assad. Trudeau insisted that they were working broadly with the international community. When Ambrose pressed, Trudeau reminded her that the foreign minister was meeting with G7 counterparts on this very issue. Nathan Cullen and Karine Trudel returned to the helicopter issue, and Trudeau reiterated his same answer, in both official languages. Trudel then turned to the issue of court delays, and Trudeau responded with the same talking points that the justice minister gave yesterday, about working with a new process. Alistair MacGregor then demanded immediate marijuana decriminalization, and Trudeau reminded him that decriminalization does nothing to prevent it from getting into the hands of kids, or keeping profits out of the hands of the black market.

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