Roundup: Disappointment and disengagement

Yesterday being the UN International Day of the World’s Indigenous Peoples, The Walrus had Robert Jago write a polemic about the sense of betrayal that some Canadian Indigenous people are feeling about the current Liberal government, which promised much but appears to have delivered little. While one could easily argue that much of the litany of complaints are cherry-picking examples and casting some of them in an uncharitable light – many of the promised changes haven’t happened yet because they are complex and systemic, which coupled with a slow-moving bureaucracy that resists change by its very nature, and that means that things take time, not to mention that consultations per Section 35 of the Constitution add time to the process, especially when the government is committing to rebuild many of them from the ground-up. While it’s all well and good to complain that they haven’t poured more money into the system, there are just as many valid reasons for pointing out that pouring money into a broken system is just as likely to exacerbate problems than it will to have any meaningful impact, and we have seen numerous instances of just that – adding money where there is no capacity to effectively spend it has added to burdens being faced by some of these communities.

This, however, wasn’t what bothered me about Jago’s piece, but rather, his recounting of his dipping his toe into the political process and then walking away from it. Buoyed by the soaring Trudeau rhetoric, Jago took out a party membership, tried to get involved, found the party too remote and unresponsive and quickly walked away from the convention he was supposed to attend. What irks me about this is that while I do understand that the disappointment-based disengagement is a Thing, and there is a whole Samara Canada study on the topic, is that this kind of narrative is self-justifying, and Jago goes on a tangent about resistance by refusing participation. Why I find it a problem is that change is difficult, and it generally requires a lot more organisation and agitation within the system than he seems to have offered.

The civics lessons that we’re not taught in this country should include the lesson that if you want to make change, you need to be involved in the process, which means taking out party memberships and organise, organise, organise. Because we’re not taught this, it’s allowed central party leadership, in every party, to amass a great deal of power that leaches power away from the grassroots, and a grassroots that doesn’t know any better doesn’t jealously guard that power. It’s why the Liberals voted overwhelmingly for a new party constitution that absolutely kneecapped the rights of the grassroots in that same convention that Jago refused to attend – because they no longer know their rights, and a slick leader managed to convince them to turn over that power to “modernise” things. And that’s why the party needs active and organised grassroots members to push back and reclaim that power. Walking away at the first sign of resistance just allows the central leadership to hold onto that ill-gotten power. It’s going to take time and a hell of a lot of organisation on the part of grassroots members if we want to start rebalancing the power in this country, but if everyone walks away at the first bit of disappointment, then the party leaders have already won.

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Roundup: Caretakers and emergencies

The situation in BC, where there is an emergency situation of wildfires and evacuations in the midst of a change of government, can be pretty instructive as to how our system of government works. Right now, as with during an election period, the machinery of government goes into “caretaker” mode, and because Christy Clark remains the premier until the moment John Horgan is sworn in, she is able to respond to the situation as she is doing now.

This is why, after Clark’s visit to the lieutenant governor, the statement from the LG was that she “will accept her resignation,” not that Clark has resigned on the spot.

Why is this important? Because the Crown must always have someone to advise them, especially in circumstances like this. Add to that, we have a professional, non-partisan civil service means that they are already in place, and don’t need to have a massive new appointment spree to fill the upper layers like they do in the US. That means that they can respond to these kinds of situations, and while the caretaker government gives the orders, the incoming government’s transition team is being briefed so that they can handoff the files when they form government. It’s an elegant system that we’re lucky to have.

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Roundup: Challenging an unconstitutional law

The saga of Steven Fletcher in Manitoba continues to fascinate and enrage me. The now-former member of the province’s PC caucus, and one-time federal Conservative cabinet minister, has not only run up against a very problematic expulsion from caucus because he dared to have differing opinions (which I wrote about in my column), but now it appears that Fletcher is planning to challenge the province’s law that bans floor-crossing. Not that he wants to cross the floor, but the fact that the law is on the books.

In case it’s not clear, the very notion of a legislated ban on floor-crossing should be unconstitutional. Apparently, Manitoba’s not the only province to have this either – New Brunswick has a law on the books that requires floor-crossers to reimburse their former party for election expenses, which is also legally dubious. The history of these laws is also circumspect at best – in Manitoba, it was allegedly cashing in on the anger around David Emerson crossing the floor to become a federal Conservative cabinet minister in 2006, while in New Brunswick, it was the angry response to a husband-and-wife MLA couple crossed from the provincial Conservatives to the Liberals. The Manitoba case has the added factor that it was an NDP government at the time, and the NDP are particularly hostile to floor-crossers, which one suspects has to do with the fact that they are a party that is big on solidarity and being in constant lock-step, and they aren’t very tolerant of their members stepping out of line. They’re also much more wrapped up in their party identity, which is part of why these laws are such a problem.

The thing with our electoral system is that it gives individual agency to MPs. They are elected as individuals, to fill a single seat in the House of Commons in a separate election. That’s why a general election is 338 separate elections federally, or however many seats are in that province’s legislature during their elections. MPs are not elected a party vote which then gets allocated to that seat, and this is important. Because we elect MPs as individuals, regardless of whatever party colours they may be wearing, it empowers them to make their own decisions in Parliament (or their provincial legislature), and that includes the ability to cross the floor when their conscience is so moved. It’s not a bug in our system – it’s a feature because it means that the individual is more powerful than the party. The NDP doesn’t like this line of thinking at either level of government, and apparently the provincial Liberals in Manitoba are also under the misguided notion that it’s “unconstitutional” (which it most certainly is not). I’m glad that Fletcher is planning to challenge the law, because it is an affront to Westminster democracy. And when it does get struck down, I hope it serves as a warning to other provinces, or the federal NDP in their perpetual quest to enact such laws.

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No, Elizabeth May, that’s not what “loose fish” means

(Note: This had been submitted as an op-ed that wasn’t picked up. I’m posting it here instead).

In Monday’s National Post, a section of Elizabeth May’s chapter in Turning Democracy Inside Out: Practical Ideas for Reforming Democracy was republished, in which May called for parties to essentially be abolished, and for the prime minister to be elected from the Commons as a whole at the beginning of each parliament. The problem? That May was wrong in both her history and her understanding of what Responsible Government means, which undermines her argument and spreads dangerous misinformation about how our democratic system is supposed to work.

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Roundup: Holding BC’s horses

The fact that the BC NDP and the provincial Green party has come to a “confidence agreement” has everyone buzzing about what could possibly happen in that province, and whether it spells the end of the BC Liberals’ long reign, and the obligation on the province’s Lieutenant Governor. But because most people – including most of the journalists covering this story – don’t have a clue about government formation in our Westminster system, let me offer a few pointers.

The first point is right now, this agreement changes nothing. Clark is still the premier and has not resigned. The LG can’t simply dismiss her because there is a potentially viable alternate government with an added extra seat in the wings. It doesn’t work that way. All that this changes is that if Clark tests the confidence of the legislature and loses, the LG has an added option to consider when it comes to whether or not to grant dissolution and a new election. While yes, there is this agreement, the LG will also have to consider the stability of an alternate government and you’ll forgive me if I treat the promise of a four-year agreement on the Green supporting supply and confidence votes to be dubious at best.

Why? Because this is politics. First of all, the difference in seats is so slight that once the Speaker is taken into consideration, there may not be an appreciable difference in stability. MLAs will have to have perfect voting attendance lest the government fall on bad math or the inability to come to some kind of “gentleman’s agreement” on paired votes when MLAs are forced to be absent. And let’s face it – the Greens will only abide by this agreement so long as it suits them, and this being politics, the thirst for more influence comes quickly. How long before they decide they don’t like the other items on the NDP agenda? Before they have a personality clash with the NDP leader (which the Green leader made a big deal about during the election campaign, despite their big smiles during their press conference yesterday). How long before the NDP tires of Green demands? The agreement is a political promise, and is easily broken for the sake of politics. The LG likely knows this and would be advised to take the “four year” promise with a shaker full of salt.

It’s also notable that the two parties didn’t enter into a coalition agreement, which is part of what makes stability a real issue. The Greens were unlikely to want to be in a genuine coalition because of the issue of needing to adhere to cabinet solidary (and secrecy). They probably feel that they can throw their weight around more when they can public threaten to hold their breath until their “partners” accede to their demands, and this is significant for the sake of stability, despite the protestations that they want to make this work as a test case for proportional representation (even though PR generally necessitates actual coalitions).

And let’s not forget that Christy Clark is a formidable retail politician, and what’s going to matter is how she sells defeat or a request for dissolution. The narrative she builds will matter in the end, and we can’t underestimate that.

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Roundup: Stop berating members for doing their jobs

It’s not often that I write about provincial matters, and especially not from Manitoba, but this one I felt like I should make a remark because of the way in which the story is framed, which infuriates me to no end. The headline is “Stephen Fletcher criticizes his own government’s bill in Manitoba.” Fletcher, a former Conservative MP and one-time cabinet minister, is currently an MLA in the province, and a backbencher in the governing caucus.

Because I know that the vast majority of Canadians didn’t get a quality civics education, let me spell it out – it’s a backbencher’s job to hold the government to account. Yes, even if they’re from the same party. And in this case, Fletcher had concerns about a bill and has been asking questions about it at committee meetings late into the night. In other words, he’s doing his job. We should be encouraging this.

But what does the local Canadian Press reporter ask the premier? Whether Fletcher should be removed from caucus.

Great Cyllenian Hermes, luck-bringing messenger of the deathless gods, give me strength before my head explodes.

We The Media keep insisting that we want more independent elected officials, and we constantly fetishise things like free votes, and the moment an MP or MLA starts asking tough questions of their own party or steps out of line, we freak out and start wondering if the leader is losing control of their party, or in this case, whether they need to be kicked out of the party. In this particular case, the article goes on to say that this is the first crack in party unity. Are you kidding me?

When we elect members under the First-Past-the-Post system, we are imbuing them with individual agency. That’s why we elect them to single seats and not giving votes to parties to apportion those seats out to their MPs. We privilege the independence of MPs and empower them to do their jobs. Whether or not they choose to do so is the bigger part of the battle, because of the pressures of looking like a team player, but We The Media make it worse because we pull bullshit like this all the time. Our insistence on these ridiculous narratives and demands that our elected members all act in lockstep constantly while at the same time demanding independence is doing the system in. It’s driving the need for message control which is poisoning our democracy, because our own journalists have a tendency to be too ignorant of how the system is supposed to work.

Let MPs and MLAs do their actual work of holding governments to account, and stop causing trouble. Seriously. You’re actively hurting democracy with this kind of bullshit.

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Roundup: Wrongheaded notions about party policy-making

Over at Policy Options yesterday, Stephen Harper’s former policy director, Rachel Curren, lamented the policy-making process of the Conservative Party, sighing about the fact that the majority of the leadership candidates were just retreads of Harper-era policies. But sweet Rhea mother of Zeus was her op-ed full of so many mistruths about the Westminster parliamentary system, that my head about exploded.

While Curran was disingenuous about how the Conservatives were the party of grassroots policy-making that the Liberals were top-down (that has not been the case until they changed their policy process just last year, which is a problem), the crux of her article rested on this notion that the party needed some outside policy groups or think-tanks to do the heavy policy lifting for them because they were just too cautious a group to do it otherwise.

No.

The notion that it’s not the role of the party itself to engage in policy development, but rather to fight and win elections, is complete and utter bullshit. Likewise, it’s not up to the civil service to come up with policy either – they can offer advice and options for implementation, but political policy is certainly not their job.

It is absolutely the role of the grassroots to engage in policy development because that’s their job. Politics is supposed to be about bottom-up engagement, both in terms of policy development and in the selection of candidates (and removal of incumbents when necessary). And what utterly boggles my mind is the notion that Curran is peddling that we should take away what little power the grassroots has left and pass it off to these third-party think-tanks that can access the kind of funding that parties can’t, and have little accountability. If we take this away from the grassroots, then what good are they? Continuing the farce of our illegitimate leadership selection process to coronate unaccountable presidential figures who can then dictate top-down policy and control over the party (and if you don’t think they’re not dictating policy, then why the hell are they running on it in this gong show of a leadership contest)? These contests actively disenfranchise the grassroots (despite all appearance to the contrary), so taking away what policy powers they have left leaves the grassroots with what? Being donors with no say in what they’re donating to? How is that any way to run our political system?

This kind of stuff infuriates me because it’s not the way politics is supposed to happen. The grassroots are supposed to be empowered, and leaders are supposed to be responsive to them – not the other way around like it is now. It’s a problem and it’s one we need to fix, and hey, I just happened to have written a book all about these kinds of issues, which I would suggest that Curran read, because she might learn a thing or two.

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Roundup: Senator Greene’s grievous error

The strange fascination with Senator Stephen Greene’s ouster from caucus has consumed far too much time and attention, and yet things keep cropping up that demand a response. Today it was his op-ed in the National Post describing what happened, and then he dropped this little gem at the end of his piece.

No. Greene is completely and utterly wrong.

The Senate may not be the confidence Chamber – that is rightfully the House of Commons – but that doesn’t mean that the Senate doesn’t play an accountability role because the whole point of Parliament is to hold the government to account. The Senate is part of Parliament. This is elementary civics for a Westminster democracy.

The way in which the Senate exercises its accountability role is different from the Commons, but it exists nevertheless. It’s not a copy of the Commons’ processes either, nor can it be redundant because composition matters. Sober second thought is actually a form of accountability that relies on checking government legislation from a less partisan lens that is removed from the grasping for votes that afflicts most MPs, for whom populist considerations can blind them to bad policy – something the Senate can call out by virtue of the fact that they’re not seeking re-election.

That institutional independence – not seeking re-election, tenured so that they can’t be easily removed by the government of the day, given job security until age 75 so that they’re not compromising themselves in seeking post-Senate employment – it all adds up to the ability to hold the government to account in a way that the House of Commons simply cannot do. That’s why the Senate has the unlimited veto power that it does – because sometimes a government with a majority will pass blatantly unconstitutional legislation because it’s politically popular to do so, but as we all know, populism is not democracy, and the Senate safeguards that principle. That is an accountability function.

That Greene is unable to make that distinction is a problem, and it’s especially a problem because he’s been leading the charge with the modernisation push in the Upper Chamber, and his is a vision that is looking to see partisan caucuses diminishing. As I’ve said on numerous occasions, the ability to have a coherent opposition in the Senate is a key Westminster feature and a guarantor off accountability, which simply cannot be done effectively if the Chamber is a collection of 105 loose fish. That the Senate is more vigorously examining and amending legislation now is not a bad thing, but we are probably at the peak of what we can or should be expecting in terms of activism without senators engaging in overreach. But to think that this isn’t accountability is simply ignorant.

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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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Roundup: MPs shouldn’t become social convenors

Sometimes when former politicians opine on their former profession, it can be insightful, and sometimes inspiring, but sometimes it can be gobsmackingly terrible. Former Ontario MPP and cabinet minister John Milloy ventures into the latter category with a piece in Policy Options on the “future of work” when it comes to parliamentarians. After Milloy correctly asserts that most parliamentarians don’t know their own job descriptions and that leaves them vulnerable to the machinations of unelected political staff, he veers off about how nobody trusts politicians anyway so their actual roles are becoming obsolete and hey, government is too slow to deal with policy in the modern world, so let’s turn our parliamentarians into social convenors.

No, seriously.

Apparently, the real drivers of change and action are service clubs, community groups and church organizations, so what parliamentarians should be doing is trying to bring those groups together to do stuff because they’re not community leaders anymore, so hey, they can be referees or coaches instead!

Head. Desk.

One would think that someone who used to be in elected politics like Milloy was would understand that the whole point of grassroots riding associations is to gather those kinds of voices around policy concerns, where they could help develop those into concrete proposals to bring to the party, or to communicate their concerns to the caucus (whether or not theirs is the elected MP in the riding). A properly run riding association has the hallmarks of service clubs or community groups because they provide both the social aspect around shared values, and work toward the care and feeding of political parties from the ground-up, the way that they’re supposed to. This is the kind of thing that we need to be encouraging if we want a properly functioning political system in this country. Instead, Milloy would see us let that atrophy and let outsiders shout from the side lines while the political staffers continue to consolidate power in the leaders’ offices. No, that’s not how politics are supposed to work. We can’t keep washing out hands of this and dismissing political organizations. Joining parties and getting involved is the way to make change happen, and as for MPs, we can’t just let this trend of self-made obsolesce go unchallenged. The “future of work” shouldn’t be irrelevance – it should be re-engaging with the system and actually doing their jobs. And shame on Milloy for abandoning his former profession to the wolves.

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