Tag Archives: Access to Information

Roundup: Unger vs Black

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Further to Senator Black’s resignation from the Conservative caucus, we have a couple of reactions – first, an interview with Black by Jen Gerson, in which Black expresses his excitement for the “uncharted territory” of greater independence in the Senate. Second, a somewhat bitter response from fellow “elected” Alberta Senator Betty Unger, who repeats some of Senator Plett’s accusations about Black’s attendance, and goes on to assert that senators should be in a caucus to give them some kind of accountability. Oh, and then there’s Kady O’Malley, who notes the “disappointment” of Senator Tannas in his response to Black’s decision, in which she reminds them in her own Pollyana-ish way that yes, they can still work together even if they’re no longer in caucus together.

Among the responses are some particular problems with the conceptions of how a caucus can and should operate, and part of that stems from the fairly unique situation of how the Senate was being run under the Harper government. Unger is correct in that being part of the national caucus brings more perspectives and allows more participation (which is one of the reasons why Trudeau’s decision to banish senators from his caucus was short-sighted), but her conception of caucus providing “checks and balances” to senators is a bit mystifying, particularly considering that there is little that a caucus could do to actually control a senator given that they have institutional independence under our constitution. Sure, they can threaten them with being removed from a committee or from participating in travel, but that’s the extent of it, and if a senator feels a particular conviction on an issue, then that’s a risk they can and have taken before.

As for Black, being part of a caucus in the Senate doesn’t mean that he is forced to toe any particular party line, whether they achieve consensus on a position or not. Granted, since he has been in the Senate, it was operating in a more tightly controlled environment because the Conservatives had largely trained their new senators to believe that this was the norm, that they could be whipped, along with some cajoling about how they needed to go along with things under the rubric of “you want to support the prime minister, don’t you?” And that would usually cow them into line, never mind that there are no actual levers of power for a government to assert in the Senate. Black and Unger both have always been in the Senate where they were told that there was this expectation, and now that they are in opposition and the party is in a leadership convention, they are suddenly finding themselves without that same comfortable feeling of obligation to the person who appointed them (never mind their “elected” status – it certainly didn’t mean anything for their “elected” predecessor Bert Brown, who insisted that senators had to dance with the one who brought them). Black obviously decided that he felt freer in this environment and wanted to push it further. That’s his prerogative; Unger feels the need for structure, and that’s legitimate, so long as she knows that she has that institutional independence and that there is no such thing as caucus control for a senator (and I’m not sure that she does, given her Senate “upbringing”).

But honestly – between the fetishisation of “independence” and the wrong-headed notion of “checks and balances” that don’t actually exist, neither are really on the side of the angels on this one.

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Roundup: Parliament’s ongoing abdication

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After a day of impassioned and indeed blistering speeches, Bill C-14 has passed the Senate without its key amendment that would remove the “foreseeable death” restriction, and has received Royal Assent, making it law, but it wasn’t done without more damage done to our parliamentary system. No, I’m not one of those pearl-clutchers who saw the Senate doing its job in standing up against unconstitutional legislation as being some kind of anathema or affront to the democratically elected Commons – indeed, anyone who listened to Senator Serge Joyal’s speech yesterday about all of the times that the elected majority in the Commons used their powers to strip away people’s rights should see that’s why simply hand-waving about “democracy” can’t be an argument that holds water – but rather, it was the burden that is being placed on the Supreme Court of Canada and those who must challenge this legislation that is the affront. The prevailing sentiment in the chamber became “this is going to be challenged, and we did as much as we can so now it’s up to the Supreme Court,” when no, the Senate could have dug in their heels and used the powers available to them under the constitution and threaten to defeat the bill outright because of the grave doubts about its constitutionality if the government didn’t back down. Joyal tried to move an amendment that would restore the previous amendment with a proviso that it be suspended for up to two years until the Supreme Court could weigh in on its constitutionality, which was a compromise that I remain uncomfortable with because I don’t like the fact that we are increasingly demanding that the Supreme Court weigh in on bills as though legislating were a game of “Mother May I?” I was almost convinced, however, by the fact that doing it this way would be at the government’s expense rather than at the expense of a family with a suffering member who would need to begin the legal challenge process all over again – something that some senators deemed to be an immoral action. It bothers me a great deal that this is becoming the new normal in our politics – that we are increasingly becoming dependent upon the courts to deal with matters of evolving public policy because MPs – and indeed senators – lack the testicular/ovarian fortitude to actually deal with tough issues.

To that end, I’m also extremely disappointed that you had senators who said that they did their job in warning the government about the fact that the bill was unconstitutional, and that the government will have to answer to the people for it. Except it’s not the Senate’s job to “warn” – it’s their job to protect minorities and the constitution, which they did not end up doing today. And “answering to the people” is precisely why the government has been so forcefully timid in what they were going to allow under this bill. “This is just the first step,” they kept insisting, but to be perfectly frank, I don’t believe them. The bill mandates that they must have a report within two years on things like advanced directives, mature minors and the mentally ill, but if you think they’re going to do something that report other than refusing to touch it with a bargepole, well, you’re a far more optimistic person than I. No, what happened today was a further abdication by parliamentarians in both chambers of doing their jobs, and forcing more of it onto the courts (and at the cost of the individuals who will be forced to bring the challenges). It’s disgraceful.

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Roundup: A precipitous climbdown

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In an attempt to head off a day full of useless circular discussion around the process of the electoral reform discussion, the Liberals offered an epic climbdown and accepted the NDP’s gamed committee configuration, giving up their perfectly legitimate committee control and then patting themselves on the back for looking reasonable for backing down. Trudeau went so far as to say that they felt like they were looking too much like the previous Conservative government, and decided to take a different tone, with all of the usual platitudes about working together and cooperation and so on. Which is a nice sentiment, and they get all of these plaudits for looking reasonable and like grown-ups, but I wonder if they haven’t given up their ability to put their foot down in the future when they need to, lest the process spin out of control, as these things are wont to do. Nevertheless, I will reiterate that this is not any kind of reasonable compromise. In fact, there are a few reactions that sum up my feelings pretty well.

https://twitter.com/inklesspw/status/738384990463918081

https://twitter.com/robert_hiltz/status/738409956865642496

And Hiltz is bang on. The Liberals have walked into the NDP’s trap, and this whole process, already a gong show, has just become an even bigger one. The Conservatives are completely apoplectic with outrage, claiming that there was a “backroom deal” to get this deal (when that really doesn’t seem to be the case if you look at how it was unveiled and how the NDP were just as surprised by it). So while the howls for a referendum will continue, and the bogus “proportional” arguments will ring through the back-patting on this whole sordid affair, I will just reiterate this particular sentiment.

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Roundup: Another day talking in circles

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We’re in for yet another round of wailing and gnashing of teeth on the subject of the electoral reform process, and this time it’s from the NDP who are moving a supply day motion to try and get the proposed parliamentary committee to reflect their particular gamed composition rather than a composition that reflects the House of Commons – which, I will remind you, was elected entirely fairly and correctly under how our system is supposed to operate, where we elect individual seats in separate and simultaneous elections. Demands that the committee should reflect the popular vote ignore the facts that a) the popular vote is a logical fallacy that does not actually exist since there were 338 separate elections and not just one, and b) the composition that the NDP are demanding is not actually proportional to the “popular vote,” as they are giving the Bloc and the Green Party an oversized share of the seats and votes. And rather than just thirty minutes of this endless repetition as we might hear in QP, no, it will be the whole day in the Commons, minus one hour for private members’ business. And we’ll be subjected to the sanctimonious speeches of the NDP (of which they will read the same speech in English and French ad nauseum, only changing the riding names mentioned), followed by baying from the Conservatives that what we really need is a referendum, and the odd interjection from Elizabeth May that she deserves a vote on the committee and that no, we don’t need a referendum because it’s not a constitutional issue (except that certain kinds of electoral reform are actually constitutional issues, albeit likely with the simplest amending formula). And then there are the Liberals, where we’ll get some of the usual saccharine from Maryam Monsef, some sharper rebukes from Mark Holland, and the odd backbencher repeating the talking points about Canadians demanding a change to the system. There won’t be any substantive issues discussed, and while I will be the first to say that yes, process is important, so long as each side tries to game the process to fit their own purposes, we’ll just keep talking in circles and go nowhere. Which, really, is where this discussion should go and we should instead invest in a programme of civic literacy instead so that people can actually learn how the system works. But in the absence of that, I’m ready to declare that we should nuke the whole thing from orbit.

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Roundup: Aftermath of The Elbowing

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In the aftermath of The Elbowing, the opposition decided to use it as leverage to their advantage. The morning was spent, first with a third apology by Trudeau, followed by endless debate on a privilege motion about the incident, and because privilege motions take precedence over everything else, it essentially held the Commons hostage to endless lamentations that compared Trudeau’s actions to those of a domestic abuser and drunk driver. No, seriously. The intent was clear, however – this procedural gamesmanship would keep up until the government dropped Motion 6 – their procedural nuclear option – and eventually the government did. Of course, because they backed down after showing their hand, it means that they’re going to have a much more difficult time controlling the debate in the future, with the likes of Peter Julian and Andrew Scheer opposite Dominic LeBlanc in House Leaders’ meetings, and future attempts by the government to move their agenda forward will be hard to handle as any future attempts will be met with more emotional blackmail, and already it now looks like the assisted dying bill is going to miss its June 6th deadline because of the government’s fumbling and the opposition shenanigans.

Reactions to The Elbowing were also all over the pundit class, but possibly the one that needs to be read first comes from Ashley Csanady, who reminds us that comparing Trudeau to Jian Ghomeshi after this kind of incident is really an insult to actual survivors of violence. Kate Heartfield notes that this incident is unlikely to damage Trudeau’s brand, while Matt Gurney sees the incident as one where Trudeau was trying to stay true to brand and show Decisive Leadership™ when it all went wrong. Susan Delacourt sees this as a teachable moment for the PM and his impatience with dissent in the Commons (which I don’t entirely buy given how much leeway he’s given dissent in his own caucus), and Tim Harper also sees a disdain for dissent coming out of Trudeau. Paul Wells sees this as the culmination of the corner the Liberals have painted themselves into, promising infinite debate on an infinite number of bills, while Don Braid sees flashes of Trudeau’s father and his infamous temper in this episode.

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Roundup: Just a normal backbench function

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There are days when I wonder if the cynicism among reporters isn’t the bigger problem facing Ottawa as we get yet another incredulous piece talking about how backbench Liberal MPs are openly voting against their own party, and how incredible is that? One MP went so far as to say that the Prime Minister himself told his caucus that the media was going to have to get used to the fact that MPs would disagree with him from time to time. And lo and behold, it continues to be treated as both a novelty and an aberration that backbenchers will stand up to government. We had commentary on one of the lesser weekend panel shows yesterday that was some pundit or other incredulous that there were MPs disagreeing with the leader, apparently because there weren’t enough goodies like cabinet posts or committee chairs to go around, and I can’t even.

Meanwhile, we have interviews with the government whip about how he’s going to manage all of these free votes on things (which was fairly constructive, to be honest, as he talked about having copies of the bill at hand and lists of people he could direct MPs to talk about with their concerns). It’s helpful, but needs more reminding that hey, it’s actually a backbencher’s job to hold their own government to account as much as it is the opposition’s. Now, if we could just get them to start asking some real questions in QP instead of throwing these suck-up softballs, that would be really great. Oh, and while I’m on the topic of journalists and pundits acting all surprised that MPs are doing their jobs, can we also stop this faux-confusion about how things are working in the Senate with “independents” and “independent Liberals”? Because honestly, if you haven’t gotten the memo that Senate Liberals are not part of the national Liberal caucus, and that they simply chose to continue to call themselves Liberals because the Rules of the Senate say that a caucus needs to have an association with a registered federal political party, then you really need to get with the programme. Stop saying that things are confusing when they’re not. You’re not helping the public – you’re just making things worse.

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Roundup: A rare apology

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A trio of Justin Trudeau-related items in the news today, which makes me want to look at them together. The first incident of note was actually last in chronological order, but to me it seemed most significant, which is the fact that during Question Period yesterday, Trudeau stood up and apologised for having told reporters on Wednesday that opposition party obstruction was to blame for why a committee on electoral reform was not yet up and running, and pledged that he was still serious about the topic. I’m not sure that we ever saw Stephen Harper apologise, nor would we ever see it because that was a man who was not only determined to always be seen to be right, but he also had a particularly obstinate streak that made him dig his heels in rather than be proven to be wrong. Most often this was around the inappropriate behaviours of cabinet ministers, and rather than have them step down over wrongdoing, Harper would keep them in position well past the time that the heat was on them, and only shuffle them once the attention was elsewhere so it didn’t look like he was capitulating to demands of the reporters. Trudeau on the other hand owned up to what he had said, apologised, promised to do better, and even applauded when the MP who called him out made a slightly clever dig about it in his follow-up question. It was a show of humility and accountability that we are unused to seeing here. The second incident of note was after his speech on Fort McMurray at the start of the day, during Statements by Ministers (a practice in Routine Proceedings that the Conservatives had virtually allowed to fall into complete disuse). Rona Ambrose rose to give remarks in reply, and got emotional during it, and once she finished speaking, Trudeau was quick to cross the aisle to give her a quick hug – again, something that cold fish Harper was loathe to do, and only once gave awkward hugs around speeches related to either an MP’s passing or the attack on Parliament Hill (I forget which and tried to find a reference but couldn’t – forgive me). Trudeau remains a master of the humanizing gesture that helps to civilise politics in a way that we have become unused to after a decade of angry sound and fury. The third item of note had to do with a point of order raised after QP, when Blake Richards accused Trudeau of sticking his tongue out during a question raised by Diane Watts about P3 projects. Nobody but Richards seems to have witnessed this, but we do know that Trudeau does occasionally possess an irreverent side. Did he stick his tongue out? Maybe. Is it the end of the world if he did? Hardly, and in the theatrics of QP, it’s a bit tiresome but does raise the spectre of the “fuddle duddle” incident, if only less profane.

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Roundup: Responsible, not rogue

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A Liberal MP has broken ranks on a government bill! Oh noes! Let us now treat this as some kind of crisis of leadership! Okay, so the CBC piece about the event is only slightly more measured than that, but their Twitter headline certainly wasn’t.

One of the most enduring problems with Canadian political reporting is the constant conundrum of demanding that MPs exercise more independence, but immediately treating any instances of MPs breaking party ranks as some kind of crisis of leadership, where obviously the grip has been lost and soon it will be all over for the leader. (In some cases, the party itself treats it as some kind of betrayal of solidarity *cough*NDP*cough* and punishes its MPs internally with things like removing QP spots for weeks or removing members from committees or travel junkets). Ditto with senators, or at least until Trudeau kicked his senators out of national caucus – “is the leader losing control of his senators?” was not an uncommon headline either (though not one that is generally screamed as loudly, and one might also add that not enough ink was spilled on the split in caucus over Bill C-377 – the “union transparency” bill – the first time around when they voted to gut it, and Marjory LeBreton stepped down as Government Leader a couple of weeks later after seriously mishandling the whole thing inside her caucus). And yes, Trudeau did promise more free votes, but this is one of those common promises that tends to wind up with MPs voting in lock-step anyway because they all really support their party or they all just happen to all think in lock-step. I am also reminded that when Michael Ignatieff tried to encourage his caucus to vote more freely on private members’ bills by not rarely voting for them personally – so that they wouldn’t look to him as to how to vote – he was punished for it by Jack Layton lying about those missed votes as poor attendance during the election (though Ignatieff should have responded with the policy and shut him down, but didn’t, and lost the election quite badly as a result). Suffice to say, when MPs don’t vote in lockstep, we shouldn’t use terms like “goes rogue,” because it gives entirely the wrong connotation about what has taken place. We want more responsible and independent-minded MPs, so let’s not make it harder for them to do so. And let’s leave the word “rogue” to this for the time being:

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Roundup: Minimizing blame

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The NDP’s election debrief has been released just days before their big policy convention, in which Thomas Mulcair will need to convince delegates there to let him stay on the job. Little of what was in the report was new, other than name-checking all of the various internal bodies, committees and commissions who were consulted and who have work ahead of them. There were a couple of things that did stand out for me, however. The big one was about communication:

There were many frustrations shared about our internal communications during the campaign. Members, particularly local campaign managers, felt that the reporting from the ground had no effect on the strategic decision-making happening in the central campaign. What was being felt door-to-door was not being communicated, being miscommunicated, or went unheard. Members feel this impeded the ability of the central campaign to shift strategy when necessary.

The party has centralised a whole lot since 2011, and that was certainly reflected. That said, with everyone in the report saying that their local campaigns went great, it does smack a little bit of buck-passing to the central campaign. There were a few other points raised, such as the lack of a Quebec-specific offer, that they were not nimble enough in reacting to attacks from other parties, and that they didn’t adequately prepare for the niqab debate (but everyone was proud of their principled position, which confuses me a bit since the position wound up being that this was a court decision rather than the fact that we don’t tell women what to war in Canada). Glaringly absent in the report was the share of blame placed on Mulcair. In fact, he was barely mentioned at all. This was the closest it got:

We heard disappointment from members who felt that decisions about the strategy employed in the debates led to a situation in which our leader’s full capabilities — as demonstrated in the House of Commons over the previous years — were not on display. Across the country, we heard that our party activists did not understand why we refused to participate in some national debates.

While he wrote the big mea culpa letter taking responsibility, that’s not reflected in their actual debrief, which makes me a bit suspicious. And let’s face it – he had a big part in that, from his demeanour, to his inept slogan of “good, competent public administration,” to his poor debate performance, to the fact that his lack of the same kind of charisma that Trudeau exhibited did weigh in on people’s decisions. I’m left to wonder if the fact that they didn’t include criticisms of his performance in the report because it goes against the party’s solidarity mindset, or if it’s a kind of whitewashing of the record in advance of the leadership review vote. Suffice to say, it doesn’t make the report feel as forthcoming as it could or should be.

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Roundup: Independence and the line of accountability

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The punditariat continues to lose their minds over Senate independence, and I’m almost at the point of exasperation with it. After years – decades – of hand-wringing about how senators aren’t independent enough to do their jobs of sober second thought, we are suddenly overcome with hand-wringing about them being too independent and the government being unable to pass legislation (as though the opposition having a Senate majority has never happened in our country’s history before…oh, wait). It’s kind of like how We The Media keep demanding MPs be independent and vote for their constituents’ wishes and so on, and yet the moment one of them shows a little bit of backbone, we thunder that the leader is losing control of his or her caucus. Because that’s helpful. And so, Campbell Clark bemoans that poor Peter Harder doesn’t have any levers of power in the Senate to do Trudeau’s bidding, and lo, he may not even have much of an office budget either (though he can always ask the Internal Economy to increase it – this is not something that is set in stone for all time). Add to that, Clark worries that all of those new independent senators are going to have to find some new process of working things out – completely ignoring that they have already started getting that ball rolling with the Independent Working Group. It’s like he hasn’t paid attention to what is actually going on there and has been going on for the past several weeks. Meanwhile, Chantal Hébert looks at André Pratte’s history and notes his differences with Trudeau’s philosophy, then bemoans that with all of those incoming senators, that the party leader won’t be responsible for their behaviour as they once might have been. And what is Hébert ignoring? Only the most fundamental principle in Canadian democracy – Responsible Government. Trudeau will be responsible to voters for the conduct of his appointees, whether he can whip them or not. That is a fundamental tenet of our system. If he makes a bunch of dud appointments, then guess what – voters can have their say, just as they had their say with Harper after the extent of the ClusterDuff business came out in court. This is a basic concept, and it’s disappointing that a long-time observer of Canadian politics has to be reminded of it.

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