Roundup: Divisions of Power at the Council

With the Council of the Federation meeting today in Edmonton, they had a pre-meeting yesterday with some Indigenous leaders – others having opted not to join because they objected to it being “segregated” from broader Council meeting. While I can certainly see their point that they want to be full partners at the table, I have to wonder if this isn’t problematic considering some of the issues that the Council has to deal with – NAFTA renegotiations, inter-provincial trade, marijuana regulations – things that don’t really concern First Nations but that premiers need to hammer out. Two groups did meet – the Congress of Aboriginal Peoples (which generally deals with off-reserve and urban Indigenous Canadians) and the Native Women’s Association of Canada, citing successful talks, while the Assembly of First Nations, Inuit Tapiriit Kanatami, and Métis National Council stayed out of it.

While I’m sympathetic to these Indigenous groups’ desire to have full-fledged meetings with premiers, I’m not sure that the Council is the best place to do it, because they’re not an order of government so much as they’re sovereign organisations that have treaty relationships. While some of their concerns overlap, they don’t have the same constitutional division of powers as the provinces, so a meeting to work on those areas of governance can quickly be sidelined when meetings stay on the topics where areas do overlap with Indigenous groups, like health or child welfare, while issues like interprovincial trade or harmonizing regulations would get left at the sidelines as they’re not areas in which Indigenous governments have any particular constitutional stake. And yes, we need more formalized meetings between Indigenous leaders and premiers, I’m not sure that simply adding them to the Council achieves that, whereas having separate meetings – as was supposed to happen yesterday – would seem to be the ideal forum where they can focus on issues that concern them. Of course, I could be entirely wrong on this and missing something important, but right now, I’m struggling to see how the division of powers aligns in a meaningful way.

Oh, and BC won’t be at the Council table as NDP leader John Horgan is being sworn in as premier today, even though he could have scheduled that date earlier so that he could attend (seeing as this meeting has been planned for months).

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Roundup: Clarity is not an appeal

With another court case involving First Nations children, you’d expect there to be a bunch of hue and cry, and there certainly has been, but I wonder how much of it is actually misplaced. In this case, the government is seeking clarity from the court on a couple of aspects of the Canadian Human Rights Tribunal decision on applying Jordan’s Principle, which is not an appeal. I’ve seen all manner of people, from reporters to advocates on Twitter railing that the government is appealing the decision. Asking for clarity is not an appeal.

If you actually read the story, they have legitimate concerns about the restrictions around case conferencing and on timelines in the decision, both of which seem to be pretty fair concerns to have given that both ministers are medical doctors and have expertise in what these issues mean. And I fail to see how getting clarity is trying to find a loophole to get out of the decision – it doesn’t track with either the promises, the investments made, or the fact that the whole file is more complex than many of the advocates would let on. You can’t simply pour money into a system that doesn’t have the capacity to absorb it and distribute it effectively, and you can’t just wave a magic wand into a jurisdictional minefield like this particular decision addresses and expect that everything will always have the best outcome by sheer force of willpower, especially when there are areas that are unclear to players involved.

The fact that I’ve been a justice reporter for the past couple of years means that I’ve been exposed to a lot of the sensitivities involved in complex cases, and this certainly qualifies, despite what certain advocates and opposition MPs would have one believe. Outrage that the government is going to court isn’t necessarily warranted, and most of the time, it’s been pretty disingenuous, whether it’s on this case, or in assessing the damages in the Sixties Scoop class action, where again advocates, opposition MPs, and even reporters characterized it as an appeal when it wasn’t an appeal – it was the next stage in a process where they needed to determine damages on a case-by-case basis rather than simply mailing out cheques. Not every time the government goes to court is nefarious, and people need to calm down because there is a lot of crying wolf going on that’s helping nobody, most especially the people who these decisions are supposed to benefit.

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Roundup: Demanding ATIP perfection may be the enemy of the good

I find myself torn about the government announcement on new legislation to amend the Access to Information Act because on the whole, they made most of the changes that they promised to, but they failed to uphold one promise, which was to make the Act apply to the PMO and minister’s offices. And yes, We The Media let them know how displeased we were about it.

Part of the problem here is that like so many of their other election promises, it may have been a stupid one – kind of like their promise around electoral reform. Why? Because it was always going to be problematic to promise access to cabinet documents, and there’s a very good reason for that, because much of that information should remain private because it will otherwise damage the ability for there to be unfettered advice to ministers or between cabinet colleagues, and they need to have space to make these kinds of deliberations, otherwise the whole machinery of government starts to fall apart.

Like Philippe Lagassé says, the better discussion would have been to have specific proposals as to what falls under cabinet confidence. Currently the Information Commissioner has some determination around that, and with the changes in this bill, the onus will be reversed – the government will need to convince her (and if that fails, the courts) that information should remain secret, as opposed to her having to take the government to court to get that access. That’s significant.

There is a lot of good in these changes, but I fear that it will be lost amidst the grumbling that it didn’t go far enough. And let’s face it – sometimes We The Media are our own worst enemies when we use Access requests for cheap outrage stories rather than meaningful accountability, and then wonder why the government suddenly clamps down and turns to message control, and worst of all, nobody wants to talk about that problem. That may wind up making things worse for everyone in the end.

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Roundup: The looming retirement of the Chief Justice

Chief Justice Beverley McLachlin announced yesterday that she would be retiring on December 15th, a few months in advance of her mandatory retirement date, in order to give the government enough time to find a suitable replacement. Why that date is significant is because it will be at the end of the Court’s fall sitting, letting her use the next six months that she is able to clear off the files from her desk and work on any outstanding judgments rather than depart mid-sitting and the organizational chaos that would follow.

The next steps are now an important consideration. The government will not only have to name a new Chief Justice, but a new judge from Western Canada (and likely BC given that’s where McLachlin was appointed from). And in order to keep gender balance on the court it will likely have to be a woman, and in accordance with this government’s push for diversity, it will likely be a person of colour, if not someone Indigenous (and let us not forget that said person must also be fluently bilingual, which is another self-imposed criteria that this government has made for itself). This may be easier to find in BC than it was in Atlantic Canada, mind you. And for Chief Justice? My money is on Justice Richard Wagner, whom I know many close the court have already tapped as being the successor if they had their druthers.

Of course, we’ll see if this government can get an appointment process back up and running within the six months. Experience has shown us that they seem to have difficulty with that, especially as there are still some sixty or so federally appointed judicial vacancies still remaining around the country, and a few of the Judicial Advisory Committees charged with finding candidates for said vacancies still not fully appointed either, which is a problem. Of course, they may be able to largely reconstitute the committee that oversaw the nomination of Justice Rowe, with Kim Campbell again in charge of the process, but I guess we’ll see how long that takes.

For more reaction, here’s Emmett Macfarlane on As It Happens and in the Ottawa Citizen, and Carissima Mathen on Power Play.

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Roundup: Not seeing the cannon fodder

After thinking a bit more about it, and seeing some of the reaction over the Twitter Machine over the weekend, I find myself coming back to Chantal Hébert’s weekend column about Trudeau treating his rookie ministers like cannon fodder, and I really have a hard time with it. Part of why I have difficulty is because it ignores some of the actual day-to-day realities as to why there were so many rookies in cabinet, which was that there were not a lot of veterans to choose from, and in order to maintain regional and gender balance, while still ensuring that you had enough veterans to do the other jobs of being a party in power, like having committee chairs who had some experience, then of course you were going to have rookies in cabinet. As well, the fact that Trudeau is behaving far more in the ethos of government by cabinet than his predecessor means that some of these rookies are going to be saddled with responsibility (and yes, this is a far less centrally-controlled cabinet, as I’ve spoken to staffers who used to work at Queen’s Park and have regaled us with the vast differences between how things operated between them).

I also find the implicit notion that it’s young women ministers being thrown under the bus to be a problem, because I’m not so sure we’d hear the same complaints if it were a male minister who has been handed a tough file and it doesn’t go according to the expectations of the pundit class. Yes, Joly made a bad call with Madeleine Meilleur, but I would hardly call Joly incapable, and she is juggling a lot of other files on her plate at the moment. She’s not incompetent, and Trudeau hasn’t thrown her under any bus. Maryam Monsef? She handled a file that was basically a flaming bag of dog excrement and managed to come out intact with a promotion to a line department with a hefty agenda (whereas “Democratic institutions” is a make-work project with staff assigned from PCO). Monsef did her job, better than most people give her credit for, and the fact that the Rosemary’s Baby that was electoral reform got smothered in the cradle is not a black mark on her because she didn’t micromanage the committee. The fact that the Liberals on that committee dropped the ball and didn’t make their own case, and in fact let themselves be railroaded by the other parties is not Monsef’s fault (though one has to wonder how much blame to assign to her for letting Nathan Cullen manipulate her into accepting the “proportional” nonsense in committee make-up that doomed it). If anyone blames Karina Gould for electoral reform being cancelled, they’re the ones at fault – not Gould. Trudeau made that call (rightfully), and has taken his lumps for it. And if Hébert or anyone else (like Ed Broadbent for one) thinks that these poor young women should have been either kept out of cabinet instead of being given difficult files and a chance to prove themselves because they’re women, then I think that’s a bigger problem. I’m not seeing any cannon fodder – just some ministers doing their best with some of the problems handed to them.

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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: On foreign money in federal elections

Yesterday I mentioned a certain moral panic disguised as “journalism” authored by former Calgary Herald opinion editor Licia Corbella when it came to accusations about foreign money trying to influence the 2015 election. Anyone reading the piece should have clued into the fact that it was a hit-job, from the sympathetic portrayal of Joan Crockatt, the lack of corroborating evidence, the one-sided sources, oh, and the fact that it repeated the canard that the Tides Foundation was some kind of influence clearing house without actually digging into those numbers beyond their top-lines. And too many outlets ran with the story as is on the first day, and really only started to question it yesterday. VICE did a pretty good takedown of the claims, and when some of the other outlets started asking questions about that “report” with the accusations, the excuses for why it couldn’t be produced were…dubious to say the least.

This notion that there is a problem with foreign money influencing elections via third parties is also dubious, and while the Commissioner of Elections said he wanted the legislation tightened during a Senate committee hearing, a former lawyer form Elections Canada disputes some of the Commissioner’s interpretation of the law.

If more people had closely read Corbella’s piece in the first place, I think we could have avoided the pile on of hot takes that swiftly resulted on Monday. As a columnist, Corbella was a known fabulist, which is why this piece of “journalism” should have been treated with utter suspicion from the start.

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Roundup: Neglecting our Canadian Sovereign

It was Victoria Day yesterday, which is a uniquely Canadian holiday that both celebrates the “mother” of Confederation, Queen Victoria, as well as acts as the official birthday of the Canadian monarch (no matter when their natural person’s birthday is). You might find it strange to find that in his message for Victoria Day, the Governor General didn’t reference the Queen of Canada at all, but rather the forthcoming Sapphire Jubilee and her being the first British monarch to achieve it.

Why does this matter? Because the Queen of Canada is a separate legal entity from the Queen of the United Kingdom, and because the holiday celebrated the Queen of Canada’s official birthday. Now, there were quibbles with my tweet pointing out the fact that the GG made the omission, but I maintain that the bigger point stands.

And Lagassé is correct in that – the emphasis is curious, and part of a troubling trend from the Canadian government, which has only exacerbated since the Liberals came to power.

While the Conservatives did a lot to bring some of the focus back to the Canadian monarchy after a couple of decades of neglect and the conscious effort to “Canadianize” a number of institutions by dropping their Royal monikers (like the Royal Canadian Navy being changed into “Maritime Command” for example, until the Conservatives restored its original name), they too did their own damage to the institution, primarily when they made the utterly boneheaded decision to pass legislation that when it came to changing the line of succession to include female heirs and those who are Catholics, they merely assented to British legislation rather than amending it in Canada. In other words, they turned what was control over our own Crown and Sovereign, and undid all of the progress we’ve made since the Statute of Westminster in 1931, when the Canadian Crown became separate from the UK Crown, and turned us essentially into Tuvalu when it comes to our relationship with the Crown, and thus far, the Courts have sided with the government when it comes to the challenges of this legislation, because the appreciation of the distinction and the role of the Canadian Crown remains largely ignorant to the vast majority of Canadian society, the judiciary included. (Incidentally, that was another bill that the Commons passed at all stages with no debate, and while it was debated in the Senate rather than veto it and tell the government that the proper way to change the law of succession is by way of constitutional amendment).

Meanwhile, the current government hasn’t named a new Canadian Secretary to the Queen since the last one retired, and has been letting the republican bureaucrats in the Department of Canadian Heritage run roughshod over the relationship with the Royal Family. And because the vast majority of Canadians don’t know any better, we’re slowly killing our distinct Crown and turning ourselves back into a mere colony. So yeah, it does matter that the GG couldn’t get this very basic thing right, and we should be upset about it.

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Roundup: The curious PCO-PBO turf war

There is an interesting piece out from Kathryn May on iPolitics about the turf war going on between the Privy Council Office and the Parliamentary Budget Officer, and how that is playing out in the provisions of the budget implementation bill that would create an independent PBO. The PBO blames senior bureaucrats for trying to hobble its future role, and much of it seems to be down to an existential difference of opinion, between whether or not the PBO should exist to give advice to parliamentarians, or to be a watchdog of the government. PCO takes the view that the PBO was designed to offer advice and independent analysis, while the first PBO, Kevin Page, was certainly taking the latter view, which his successor has largely followed suit with. One of the other interesting notes was that the public service would rather the PBO act in more of a fashion like the Auditor General, where he goes back to departments with his figures to check for factual errors, and that it gives them a chance to respond to the report, rather than feeling like they are being constantly “ambushed.”

I am of the view that we run the risk of creating bigger problems if we continue to give the PBO too broad of a mandate, while being unaccountable and only able to be terminated for cause, meaning seven year terms by which they can self-initiate all manner of investigations with no constraints. That will be a problem, given that we already have at least one Independent Officer of Parliament who is going about making problematic declarations and giving reports of dubious quality without anyone calling him to task on it (and by this I mean the Auditor General). And I do think that PCO has a point in that the intent of the PBO was to give independent analysis, particularly of economic forecasts, and I do think that there is some merit to the criticisms that Kevin Page had become something of a showboat and was far exceeding his mandate before his term was not renewed. We have a serious problem in our parliament where we are handing too much power to these independent officers (and other appointed bodies for that matter) while MPs are doing less and less actual work – especially the work that they’re supposed to be doing.

While PCO says that the provisions in the budget bill were to try to “strike a balance” with the role of the PBO, I fear that he’s already become too popular with the media – and by extension the general public – to try and constrain his role, and the government will be forced to back down. Because We The Media are too keen to be deferential to watchdogs (like the Auditor General) and not call them out when they go wrong (like the AG did with the Senate report), I fear that the pattern will repeat itself with the PBO, as it already is with the demands from the pundit class that he be given overly broad powers with his new office. Because why let Parliament do the job it’s supposed to do when we can have Independent Officers do it for them?

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Roundup: Once again, the problem is not PMQs

Apparently the topic hasn’t been exhausted, so here we go with round thirty-seven (or thereabouts). We start with Aaron Wherry comparing what happened in Westminster last Wednesday, where Prime Minister Theresa May was on her feet in the Commons for some three-and-a-half hours as she went directly from PMQs to announcing the Brexit plans, to taking questions on it, in a way that the rules in our own House of Commons doesn’t allow. And bully for Wherry that he acknowledged that such a thing couldn’t happen here under our present Standing Orders, but doesn’t quite get to the crux of the issue that our parliamentary culture is so diminished and bastardised when it comes to speaking and debate that even if we changed the rules to allow for such things, that it likely wouldn’t help. He does, however, acknowledge that Trudeau could start making changes around taking all questions one day a week, or announcing more policy in the Commons, if he really wanted to, without having to change the rules.

Chantal Hébert, meanwhile, notes that Trudeau has not really made himself at home in the Commons, starting with doing the bare minimum as an opposition leader, to not really engaging meaningfully when he does show up now, he and his ministers answering in bland pabulum delivered with a smile. From there, she wonders if this disinterest has manifested itself into a kind of tone-deafness as they try to push the proposed changes to the Standing Orders in as poor a manner as they tried to handle the electoral reform debate.

The Globe and Mail’s unsigned editorial on the proposed changes, however, is thin gruel when it comes to engaging on the issue, buying into these notions that the proposed changes are all about crushing the rights of the opposition, not quite articulating the actual role of parliament, while also not grasping what “programming motions” actually are, while propagating this notion that QP only counts if the PM is there, as though the rest of the Cabinet is unworthy of media attention (which really says more about their own perceptions than it does the PM if you ask me). But I’ve said my piece on this again and again, so I’ll let Wherry field this one, because he hits the nail on the head exactly with why this pervasive opinion is part of the problem.

In other words, Globe and Mail, you’re part of the problem, so stop pointing fingers. As for the UK’s practice of ministerial questions, there’s this:

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