Roundup: The great Alberta merger

Following 95 percent results on both Progressive Conservative and Wildrose Alliance party referendums, it looks like the new United Conservative Party in Alberta is a go, with the big question being who will be the interim leader while they formalize the process and start an actual leadership selection process. And hey, that could mean some internecine warfare right off the start. The death of the PC party in that province is a bit of an odd thing, but not entirely out of keeping with Alberta’s political history of single-party dynasties for long runs that eventually peter out and die, but what is left in the wake will be the big question.

Where the more centrist voters will go is the big question, because I’m not entirely certain that they’ll all migrate to the UCP, especially with the Wildrose component playing such a big role in it. While Jason Kenney spent the last year trying to convince people that a PC and a Wildrose vote would equal two against the NDP, I’m not sure the math is actually that solid. Why? Aside from the fact that it glosses over some of the history of the last provincial election, what the merger papers over in particular is the growing gap between rural and urban voters in the province, where riding redistribution has meant that the gerrymandered rural ridings no longer hold the weight that they once did. Make no mistake, there was a very big urban/rural divide between the PC and Wildrose parties, and much of that is along the social conservatism issue. Wildrose voters weren’t only outraged about the fiscal profligacy of later PC governments as they were about the fact that they capitulated on social issues, particularly around LGBT rights that they remain firmly opposed to. It’s why they pushed Danielle Smith out of the party (leading her to cross the floor to Prentice’s PCs at the time), and Jason Kenney and Brian Jean are going to have a hell of a time trying to square this particular circle when they try to build their “free enterprise coalition” as though the social conservative issues won’t rear their heads. What this merger may end up doing is regenerating the centrist parties in the province (take your pick between the Alberta Liberals, who have a new, credible leader, and the Alberta Party) now that the amorphous, centrist PC party is no more.

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Roundup: Promised term-limits?

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.

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Roundup: An astronaut for GG?

Despite some MPs are agitating for the next Governor General to be Indigenous, it looks like it’s going to be Julie Payette, former astronaut. Payette is a woman and francophone, which fulfils the Anglophone/Francophone alternation that has been the pattern since we started naming our own Governors General, and the government’s desire to have more women in top spots. That she’s not Indigenous will be criticised by some, but I suspect that it may actually avoid other headaches because I do wonder if an Indigenous GG may not find themselves in an inherent conflict of interest given the relationship with the Crown that Indigenous people have which is as sovereign people in a treaty relationship, and being the Queen’s representative has the possibility of being far more complicated once you dig into it. As well, there would likely be pressure on an Indigenous GG from other Indigenous communities to exert influence on the government, given that the understanding of Responsible Government and heeding the advice of the government of the day isn’t all that well understood, and would lead to a lot of disappointment. Meanwhile, here’s Philippe Lagassé on some other aspects of the GG that are worth thinking about.

While Paul Wells has a great piece about the message being sent with Payette’s appointment, Lagassé also makes a good point about how her appointment is being framed.

And this comment from Denise Donlon seems to sum up a lot of the sentiment I’ve seen:

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Roundup: Lighting a fire under the minister

It’s been a year since the Supreme Court of Canada decision in Jordan, which set upper limits for trial delays, and so The Canadian Press had a couple of good pieces on it today, both looking at the fallout in terms of what needs to change in the justice system, as well as looking at the numbers of cases that have applied or been granted a stay of proceedings owing to delays that have been deemed unreasonable. I will note that while justice minister Jody Wilson-Raybould says that the decision “lit a fire” under her, she’s been agonizingly slow in responding.

I write a lot for the Law Times, and I talk to a lot of players in the legal community, and there has been a sense of mystification as to what all of the delays are. The fact that it took her a year to start the process of reforming how judges are appointed was baffling, and that slowed down the process for making said appointments – especially as some of the committees advising on appointments still aren’t up and running, six months later. While more appointments are finally being made, it’s taken a long time and it’ll take even longer for those judges to be fully prepared and worked into the system.

There is the legislation that has been coming out in drips and drabs. For example, they made a big deal about a bill that would finally equalise the age of consent for gay sex, but then abandoned said bill to roll those provisions into a larger bill on doing away with “zombie laws” that have been struck down but remain on the books. How much time and energy was spent on that abandoned bill? We keep hearing about the big promised justice reforms promise – looking at the Criminal Code, sentencing, bail, the works, but we’re nearly two years in, and there’s still no sign of them. Yes, they’re big files, but this is nearly the halfway point in the mandate, and big, complicated files like that are going to take time to get through Parliament – especially in the more independent Senate where they will face pushback from law-and-order Conservatives who are looking to hold onto the “reforms” of the previous government.

And then there are the whispers about Wilson-Raybould’s office. There is a constant churn of staff, but not before great delays when it comes to actually filling positions, like the judicial affairs advisor – a pretty key role that took months and months to fill. And if these kinds of necessary staffing decisions are taking forever, what does that mean for the managerial skills of the minister? There are whispers in the legal community, and they’re not too flattering. So when Wilson-Raybould says that Jordan lit a fire under her, one shudders to think about the pace of progress had it not.

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Roundup: Rural nomination angst

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.

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Roundup: NDP catch the Corbynite smugness

It was a bit odd, yesterday, watching NDP MP Erin Weir stand up before Question Period to offer congratulations to UK Labour leader Jeremy Corbyn on his “success” during this week’s election, considering that Corbyn lost. Weir considered it an inspiration to their own leadership candidates, each of whom also offered variations thereof over social media. (Andrew Scheer, for the record, also tweeted encouragement to Theresa May for “strong stable leadership” – a veritable echo of Stephen Harper’s 2011 campaign slogan – only to see May’s fortunes crumble).

Of course, this NDP praise of Corbyn ignores the context in which he “won” (by which we mean lost) this week, and that was that Labour’s share of the vote and seat count went up in spite of Corbyn’s leadership and not because of it. Why? Because he’s been an absolute disaster as a party leader, and an even bigger disaster as opposition leader, and in many instances couldn’t even be bothered to do his job in trying to hold the government to account on matters of supply – an appalling dereliction of duty. And this is without getting into Corbyn’s record of being a terrorist sympathizer, someone who took money from Iran’s propaganda networks and whose activist base has a disturbing tendency to anti-Semitism.

Nevertheless, this “success” of Corbyn’s (and by “success” we mean he lost), Twitter was full of mystifying smugness from hard left-wing types, insisting that it meant that Bernie Sanders would have won the general election (never mind that he couldn’t even win the primaries). Yes, the fact that Corbyn managed to motivate the youth vote is something that will need study in the weeks to come, I’m not sure that we can discount the fact that there is a certain naïveté with the youth response to his manifesto promises that was full of holes, and there was a youth response to Sanders as well, which some have attributed to the “authenticity” of his being a political survivor. Can this translate into a mass movement? I have my doubts.

The smugness around his “win” (which, was in fact a loss) however, is a bit reminiscent of the NDP in 2011 when they “won” Official Opposition, and were similarly smug beyond all comprehension about it (so much so that they were going out of their way to break traditions and conventions around things like office spaces in the Centre Block to rub the Liberals’ noses in it). That we’re seeing more of this smugness around a loss make a return is yet another curiosity that I’m not sure I will ever understand.

This all having been said, here’s Colby Cosh talking about what lessons the UK election may have for Canada, including the desire to export brand-Corbyn globally.

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QP: Woe be Vegreville

With the PM away and Rona Ambrose already gone, the Conservatives surprisingly led with Shannon Stubbs, who railed about the plans to close the Vegreville immigration processing centre, in light of revelations of costs associated. Ralph Goodall took this one, noting the difficulty in filling current vacancies in the centre, and that the new centre in Edmonton would double its capacity. Stubbs angrily insisted that the government had lied about the costs, but Goodale insisted that the issue was capacity. Stubbs accused the government of punishing a small town with a Conservative MP in favour of moving it to a Liberal riding, but Goodale stood firm. Gérard Deltell got up next and railed about the government cutting tax credits, to which Scott Brison reminded him that their tax measures helped those who needed it the most. Deltell tried again, railing about the transit tax credit loss (seriously, it was bad policy no matter which way you slice it), and Brison listed the good economic news since the Liberals took power. Thomas Mulcair was up next, and in French, concerned trolled that Bardish Chagger wasn’t up to picking a new Ethics Commissioner. Chagger reminded him of the open and transparent process in place. Mulcair switched to English and wondered what the Liberals would think if Stephen Harper called on Paul Calandra to choose a new Commissioner, but Chagger repeated her answer. Mulcair then turned to the issue of the Official Languages Commissioner, and wondered in what role Gerald Butts communicated with Madeleine Meilleur before her appointment. Joly noted that candidates were vetted and interviewed after a rigorous process and that she spoke with other parties who agreed that she had credentials. Mulcair tried again in French, and got the same answer.

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Senate QP: Citizenship and refugees on the docket

While the debate on the report recommending Senator Meredith be expelled was pending, Senate Question Period rolled around, with special guest star Citizenship and Immigration minister Ahmed Hussen in the hot seat. Senator Smith led off on the issue of Bill C-6, which seeks to repeal the provisions that would strip citizenship from those dual-nationals convicted of terrorism. Hussen starting off by remarking that this was an election promise, that they didn’t believe that the same crimes should have different outcomes based largely on where one’s parents came from, and additionally, revoking that citizenship would be tantamount to exporting terrorism, where they can return to hurt Canada abroad. He added that citizenship should not be used as a tool for punishment, which should be role of the justice system. On his supplemental, Smith mentioned two Canadians added to the US terror watch list, and Hussen reiterated that criminals should be dealt with using the justice system, and that it creates unequal treatment which devalues Canadian citizenship.

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QP: Justice delay bafflegab

With the PM still in France, most of the other leaders didn’t bother showing up either today, which places more doubt in their howling insistence that the QP is so important that the PM should be there daily. But I digress… Denis Lebel led off, asking about an accused murderer released based on the Jordan decision fallout. Jody Wilson-Raybould insisted that they had taken steps to ensure that there was a transparent, merit-based process, and more judges would be appointed soon. Lebel moved onto softwood lumber and the lack of progress — never mind that there is no trade representative appointed in the States — and François-Philippe Champagne insisted that they were working the provinces and working to engage the Americans. Lebel pivoted to the question of Syria and doing something about Assad, and Champagne said that Assad must be held accountable for his war crimes and Canada was committed to humanitarian assistance, refugee resettlement, and ensuring a peaceful Syria. Candice Bergen picked it up in English, accused the government of shifting positions, and wondered how hey planned to institute regime change. Champagne repeated his response in English, never quite answering the regime change question. Bergen then moved onto the Standing Orders, demanding any changes be made by consensus. Chagger gave a bland response about the necessity to have a serious conversation. Thomas Mulcair was up next, and wondered how many court cases had been thrown out because of delays. Wilson-Raybould reiterated her plan to appoint new judges, but didn’t answer the question. Mulcair asked why the delays in French, and Wilson-Raybould said that she was meeting with provinces to discuss the issues of delays in order to find a coordinated approach to tackling them. Mulcair moved onto problems with the military justice system, and Navdeep Bains responded that they were planning to work on ensuring reforms to that system. Mulcair sniped that Bains answered, then moved onto veterans’ pensions, and Ralph Goodale asserted that they would have an announcement later this year.

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Roundup: Dealing with problematic senators

While the focus one on one senator’s words regarding residential schools yesterday, a bombshell dropped late in the day with the Senate Ethics Officer’s report into allegations that Senator Don Meredith had an inappropriate sexual relationship with a 16-year-old girl, and that will no doubt fill the airwaves tomorrow. But while everyone is baying for blood, let me offer a few bits of context.

First, with Senator Beyak and her remarkably clueless statements about residential schools, no, the government cannot ask for her resignation as the NDP are demanding they do. The Senate has institutional independence in order to act as a check on government, so they are powerless. As for the demands that the Conservatives kick her out of caucus, that might do more harm than good because at least within a caucus, she can be managed and hopefully do less harm, and perhaps guided into some education on the subject rather than simply cutting her loose and empowering her to keep making this an issue. And while I think her statement is odious, I also don’t think she meant malice by it, but rather that she is utterly clueless by virtue of framing the issue entirely through her Christianity, and that’s a world view that she’s entitled to hold, no matter what we may think of it. (And seriously, don’t make her a martyr for her religious beliefs). So while I get that there are a lot of people who want to perform outrage and demand her head, I think everyone needs to calm down a little and think through what they’re demanding.

As for Meredith, the report now goes to the Senate ethics committee, but given that the Senate isn’t sitting for the next two weeks, we’ll have to be patient. There are already demands that he be removed, but without a criminal conviction, that’s very difficult to do, and the police opted not to charge him for this (possibly because the complainant stopped cooperating with the police, but I’m not 100 percent sure on that fact, so take it with a grain of salt). With the Ethics Officer’s report, however, one could hope that the police could reopen their investigation. That said, removing a sitting senator without a criminal conviction is almost impossible. There is the possibility that the Senate could vote unanimously to declare his seat vacant, but it’ll be a high bar for other senators to reach that point, because they’re going to want to ensure that he gets due process (which Senators Duffy, Wallin and Brazeau were not necessarily given at the time of their expulsion). But one can be sure that the Senate will want to take their time and deliberate on this one, so while it’s possible that we’ll see a suspension motion when they return, it could be a while before they decide on how to deal with him on a longer-term or permanent basis.

And barring that, maybe the Senate needs to consider a policy of phasing out certain senators…

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