Roundup: The authentic Andrew Scheer

It’s year-end interview time, and Andrew Scheer gave a couple yesterday that gave me a bit of pause. First was his interview in the National Post, where off the bat, he lays out this gem: “I am younger, I am modern and I have a different take on Conservative principles than my predecessors.” But does he lay out what that different take is? Nope. Scheer says that he can offer “authenticity” like a Bernie Sanders or Ron Paul, which is…curious. He’s spent the week talking about how middle class he is, unlike Justin Trudeau. This immediately elicited some reminders from Twitter – that the only job he held outside of politics was working at his friend’s insurance company for six months, that he got elected at 25 and has a $3 million pension by age 38; his political career includes being Speaker and Leader of the Opposition, each of which comes with an official residence and a driver. So he’s authentically middle class. Later, Scheer talked about how he’s spent the past six months “setting down markers” about the Conservative approach. Markers like putting everything in a disingenuous or outright mendacious frame and treating people like idiots? Okay, then.

Meanwhile, over on CTV’s Power Play (starts at 8:15), Scheer went on about how Conservatives do better when they present a positive approach (which I totally see with the aforementioned disingenuous and mendacious manner in which they go about their role), and then added this: “We are actually more caring than Liberals because we actually care about results, and they just like to send signals and show their good intentions and they don’t care about what actually benefits people.”

That’s…interesting. Because immediately preceding that was Scheer was outright virtue signalling about free speech on university campuses (which, I will add, is an issue that the alt-right has weaponized, and Scheer is playing directly into it). And if you look at the Conservative record over the past decade, it’s replete with sending signals that didn’t actually benefit people, whether it was tough-on-crime legislation that was either unconstitutional or created backlogs in the court system (as mandatory minimum sentences did), or gutting environmental laws (which only ended up in litigation and didn’t get any further projects approved), or their actions in making cuts to show that they had a paper surplus (which led to the massive gong show that is Shared Services Canada and the Phoenix pay system fiasco, not to mention the loss of capacity in a number of other departments). All of it was the very signalling that they criticize the Liberals for. So you’ll forgive me if I find Scheer’s particular assertions to be a bit unconvincing.

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Roundup: Legislative hostages

Every few months this story comes around again – that the government misses have a senate that acted more like a rubber stamp than the active revising body that they are. And the government – and Trudeau in particular – will say oh no, we believe in an independent senate, and we want them to do their jobs, unless of course that means amending budget bills, in which case they invent reasons why the Senate isn’t supposed to amend them, because they’re money bills (not true – the Senate is only barred from initiating money bills, not from amending them), and so on. And lo, we have yet another example this past weekend, but this time over the transport bill that is currently in the Senate. But because this is an omnibus bill with several parts to it (which isn’t to say that it’s an illegitimate omnibus bill – these are all aspects dealing with transportation issues), and because the government wouldn’t let it be pulled apart, the easier stuff couldn’t get passed first while they dug into the more challenging parts. But, c’est la vie.

What does bother me, however is this particular snideness that comes from some of the commentariat class over these kinds of issues.

https://twitter.com/Scott_Gilmore/status/942046231806824448

https://twitter.com/Scott_Gilmore/status/942046939427868672

The three senators in this case were Senators Carignan, Mercer, and Lankin. Two of the three, Carignan and Lankin, had previously served in elected office. They’re no more or less unknown than the vast majority of MPs, and “unaccountable” is one of those slippery terms in this case because they exist to hold government to account. They’re also just as much parliamentarians as MPs are, for the record, not simple appointees. Gilmore also has this bizarre notion that the business of accountability – which is the whole point of parliament – is somehow “holding hostage” the work of the elected officials. Last I checked, the point of parliament wasn’t to be a clearing house for the agenda of the government of the day, but rather, to keep it in check. That’s what they’re doing, just as much as judges – you know, also unknown, unaccountable appointees – do.

The one partial point I will grant is the “self-righteous” aspect, because some senators absolutely are. But then again, so are a hell of a lot of MPs. The recent changes to the selection process for senators may have amped up some of that self-righteousness for a few of them, but to date, nobody has actually held any legislation hostage, and the government has backed down when they knew they were in the wrong about it. So really, the process is working the way it’s supposed to, and that’s a good thing.

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Roundup: The Order Paper is not a race

The House of Commons has risen for the season, but still has a number of bills on the Order Paper slowly working their way through the process. And as usually happens at this time of year, there are the big comparisons about how many bills this government has passed as compared to the Conservatives by this point. But those kinds of raw numbers analyses are invariable always flawed because legislation is never a numbers game, but is qualitative, as is the parliamentary context in which this legislating happens.

Part of the difference is in the set-up. Harper had five years of minority governments to get legislation in the wings that he couldn’t pass then, but could push through with a majority. He went from having a Senate that he didn’t control and was hostile to his agenda to one where he had made enough appointments (who were all under the impression that they could be whipped by the PMO) that it made the passage of those bills much swifter. And they also made liberal use of time allocation measures to ensure that bills passed expeditiously. Trudeau has not had those advantages, most especially when it comes to the composition of the Senate, especially since his moves to make it more independent means that bills take far longer than they used to, and are much more likely to be amended – which Trudeau is open to where Harper was not – further slowing down that process, particularly when those amendments are difficult for the government to swallow, meaning that they have taken months to either agree to them or to come up with a sufficient response to see them voted down. And then there are the weeks that were lost when the opposition filibustered the agenda in order to express their displeasure with the initial composition of the electoral reform committee, the first attempt to speed through legislation, and the government’s proposal paper to “modernize” the operations of the Commons. All of those disruptions set back legislation a great deal.

This having been said, Trudeau seems to remain enamoured with UK-style programming motions, which he may try to introduce again in the future (possibly leading to yet more filibustering), because it’s a tool that will help him get his agenda through faster. So it’s not like he’s unaware that he’s not setting any records, but at the same time, parliament isn’t supposed to be about clearing the Order Paper as fast as possible. Making these kinds of facile comparisons gives rise to that impression, however, which we should discourage.

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Roundup: A new justice named

Justice Sheilah L. Martin of the Courts of Appeal for Alberta, Northwest Territories and Nunavut, has been nominated as the next Supreme Court of Canada justice, slated to replace outgoing Chief Justice Beverley McLachlin. Martin, who was born and educated in Quebec and is fluently bilingual and knowledgeable in both common law and Quebec’s civil code, and has been on the bench in the North as well as the west. She was once dean of a law school and has not only contributed to legal scholarship, but has also weighed in on some significant cases in her time on the bench, with pretty well-considered judgments. She is not, however, Indigenous, like many had been hoping. (For more on Martin, here is the link to her application questionnaire, and also follow the embedded Tonda McCharles tweet thread).

The issue of demanding bilingual judges is going to be an impediment for Indigenous candidates, for whom it creates an additional barrier, and when NDP leader Jagmeet Singh dared to suggest that perhaps they create an exception to that would-be rule for Indigenous nominees, he was forced by the rest of his party to walk back from that statement in favour of some platitudes about helping would-be Indigenous candidates with official language capacity instead. Note that NDP MP Romeo Saganash has come out against party policy to say that this demand for official-language bilingual judges hurts the cause of more Indigenous justices on the bench, but apparently that perspective is being silenced.

https://twitter.com/EmmMacfarlane/status/935967327962697728

https://twitter.com/EmmMacfarlane/status/935968214022086656

While some Indigenous lawyers are upset by the choice of a non-Indigenous jurist, I think we do need to recognize that the feeder pools with provincial Superior courts and the Courts of Appeal still have large diversity problems, which is why this government went about reforming the process to appoint those judges (and partially why it’s taking so long to fill those vacancies). When the trickle-down starts to happen there, it will mean a bigger pool of diverse candidates available in the future that may not be there right now. Of course, we won’t know the demographics of who applied to this round, so that does matter as well (and we won’t know for another month), so we may get more answers at that point.

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Roundup: An historic apology

As promised, Justin Trudeau delivered a long-awaited apology for those LGBT Canadians who had been persecuted and hounded out of jobs in the civil service, military and police forces as a result of government policies, and to go along with this apology will be some compensation. (The speech and video are posted here). As well, a bill was tabled that will expunge the records of anyone caught up in these processes, but as Ralph Goodale explained on Power Play, the bill requires an application as opposed to the government doing a blanket action, and won’t cover some of the other charges such as being a found-in during a bathhouse raid. That could set up for an interesting future legal challenge, for the record.

So who does this apology affect? Some examples heard yesterday include Diane Doiron, who spoke to Chatelaine about her experiences, or former sailor Simon Thwaites, who was on Power Play.

While some may dismiss the rash of apologies from the Trudeau government as “virtue signalling” or being soft, history shows that official apologies tend to come more from conservative sources than liberal ones. Aaron Wherry, meanwhile, notes that while the Conservatives did participate in yesterday’s apology, they have been making a lot of political hay of late trying to show themselves in opposition to those who would “denigrate” the history of Canada, or who constantly find fault with it rather than praising it uncritically. And yes, it is an interesting little dichotomy.

Those who say that the apology doesn’t go far enough, pointing to the ongoing blood donation ban facing gay men who have had sex in the past year (note: this is a change from the previous lifetime ban) still hasn’t been lifted as promised, the government did put in research dollars to ensure that the proper scientific evidence is there to lift it permanently. While critics say that this remains discriminatory, I remind you that previous governments had to pay dearly for the tainted blood scandals of the past, which is doubtlessly why the current government wants to ensure that all of their bases are covered and untouchable legally in the event that any future lawsuits from this change in policy ensue.

Regarding those Conservative absences during the apology:

During the apology speeches in the Commons, I and several others noted that there were a number of conspicuous Conservative absences – some 15-plus vacant desks, all clustered in the centre of their ranks, which looked pretty obvious from above (and this matters when you’ve got the galleries full of people who have come to hear the apology). I remarked on this over Twitter, and it created a firestorm, especially when I highlighted the vacant area on the seating chart. Some of these absences are legitimate – some MPs were away on committee business, and I got flack from some of them for that afterward, feeling that it was a cheap shot, and if that’s the case, then I do apologize. It wasn’t intended to be, but it was pointing out that the giant hole in their ranks was conspicuous, especially as this was not the case during QP, which immediately preceded said apology. I will also note that none of the Conservative staffers who monitor my Twitter feed (and I know that they do, because they constantly chirp at me by claiming I’m too partisan in my QP-tweeting), offered up a correction or explanation until hours later, which I would have gladly retweeted if provided one. They did not. I can only work with what I can see in front of me at the time, and if some of those MPs who were there during QP went to fill the camera shots on the front benches, that’s still a poor excuse for leaving a giant hole in the middle of their ranks that the full galleries can plainly see.

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Roundup: The coming Senate legislative crunch

While the legalized cannabis bill passed the House of Commons last night and is off to the Senate, questions about the kind of reception it will find there are sure to be buzzing about in the days to come. While the bill’s Senate sponsor wants a process akin to the medical assistance in dying bill to take place (something I find overzealous and ignores the context of what happened then), it’s unlikely to happen that way, and we may see the Conservatives in the Senate trying to dig their heels in. But it’s still early days, so we’ll see.

With this in mind, I wanted to turn to Kady O’Malley’s Process Nerd column yesterday, where she looked at how the Senate could gum up the government’s end-of-season legislative plan, as they try to push through a number of bills before the Commons rises in just under three weeks. The Senate is already seeing a growing backlog of bills on its Order Paper (a function I’m told has to do largely with the Government Leader in the Senate – err, “government representative” and his unwillingness to negotiate with the caucuses in there on timelines), and will likely sit up to the 22nd to try and get most of them passed. But what O’Malley described in the refusal by the Senate to engage in pre-study of the budget implementation bill as being a sign that of uncertainty, I will note that the circumstances around this demand for pre-study were unusual from a procedural standpoint. As he outlined in his speech against the pre-study motion, Senate Liberal leader Joseph Day pointed out that the point of pre-study is for the Senate to do a parallel committee process and send recommendations to the Commons before they complete their own study so that they have the chance to make amendments that the Senate proposes at that time. The problem is that this particular bill had already reached Report Stage in the Commons before the motion to pre-study was moved in the Senate by Senator Harder, meaning that the opportunity to offer amendments had already passed, and there was no actual cause for pre-study, and what Harder was looking to do was short-circuit Senate procedure for his own scheduling purposes, and well, the Liberals were having none of it. And in the end, neither were the Conservatives and several of the Independents.

And this is one of the things that I think O’Malley missed in her column – that part of the problem in the Senate right now is that the leadership (meaning Senator Harder) is not exactly doing the government any favours with his inability to manage the legislative agenda in that chamber, especially when he tries to do an end-run around the rules to suit his purposes. It will be a problem if he keeps this up, because the veterans in that chamber won’t stand for it.

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Roundup: Some actual accountability

If there’s one committee of the House of Commons that I wish I could spend more time following, it’s the Public Accounts committee. It may not be one of the sexier committees tackling the hot issues of the day, but instead, it’s the heart and soul of what parliament is about – holding the government to account. Alas, my day-to-day work means that I don’t have the time to follow it like I did in years gone by, but I try to keep an eye on them when I can.

In the wake of the latest Auditor General’s report, the committee’s vice-chairs – NDP and Liberal, as the Conservatives chair this particular committee, as one might expect for a committee dedicated to holding the government accountable – are vowing that they will hold hearings on each chapter of the latest report (rather than just selected ones) because they are concerned about his level of frustration that departments aren’t keeping their focus on how services are delivered to citizens (rather than their own internal processes), and more than that, they plan to keep calling back senior civil servants to ensure that they’re shaping up. This can only be a good thing.

Over the past few years, that committee has been more stringent in ensuring that they get progress reports from departments on implementing recommendations from AG reports, but now it looks like they’re willing to go a bit further, which is encouraging. This is the kind of work that frankly, we don’t see enough of from MPs, so I’m glad it’s not only getting done, but getting a bit of attention. That can only bode well for parliamentary democracy.

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Roundup: Uncritical about the playwright’s lament

Toronto playwright Michael Healy apparently took to the Twitter Machine to plead with the government to ditch their talking points and talk like human beings. Aaron Wherry in turn wrote this up as wondering why politicians don’t talk like they’re on the West Wing, but didn’t actually look at the reasons why message control has taken hold – never mind that nobody actually talks like they’re in an Aaron Sorkin production (because honestly, the sanctimony alone…) But in all honesty, it would have been a useful exercise to see why some of this has become entrenched.

For one, part of the problem is the format of Question Period in the Commons, where the strict 35-second clock makes reasonable answers all-but impossible in most cases. I’ve had staffers tell me that they have to prepare scripts, not because their ministers don’t know the subject matter, but because they need to keep it within those 35 seconds and that’s the easiest way. I can’t say that I’m necessarily sold on that – or too sympathetic – but I can see why the temptation is there.

Part of the problem is the way in which branding has taken hold of politics to such a degree that there is a perceived need to drill slogans into people’s brains – things like “Strong, Stable Conservative Majority™,” or “The Middle Class and Those Looking to Join It™.” One of my pet peeves is “The Environment and The Economy Go Together™” because I know that the minister who keeps saying that is capable of answering questions in a reasonable manner and could do so if she stopped delivering that line, but that’s the message that she wants to drive home. Even though we get it.

And part of the problem is the way that We The Media treat frankness – we punish them for it. Witness what happened two weeks ago when Carla Qualtrough went on CTV’s Question Period, and Evan Solomon picked the $1 billion figure for a possible Phoenix price tag out of thin air, and when Qualtrough said, frankly, that she didn’t know but she couldn’t rule it out, suddenly CTV ran with the “billion dollar” headline, and absolutely everyone else followed suit. It’s now stuck to the Phoenix issue in most headlines, never mind that it wasn’t what she actually said, but her moment of frankness is now being treated as some confession that we will tar the issue with. We The Media have been repeating the mendacious and disingenuous framing devices around the interminable Morneau Shepell questions uncritically – and in some cases, fuelling them in a complete absence of fact of context *cough*Globe and Mail*cough* and anything that the ministers say becomes a trap.

So why, then, would any minister want to be frank in their answers, if we’re just going to punish them for it? Unfortunately, we don’t seem to have the self-awareness to process this – that we are part of the problem that drives this issue to turn all government messages into pabulum. We do this to ourselves. Let’s think about that.

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Roundup: Phoenix transactions and rules culls

Public services minister Carla Qualtrough sent a letter to public servants apologizing for continued Phoenix pay problems as the number of backlogged transactions reaches 520,000. But that’s what I think needs to be highlighted here – these are transactions, not public servants being affected, which we don’t have a clear number on. Part of why there are so many backlogged transactions – and likely to be growing for the short term – is because the new collective agreements came into force, which add new complications to the ongoing transactions, so while those get sorted, the backlog may continue to loom large. Apparently, there was also a recent chance in how these were being addressed, so we’ll see how much of an effect that has on the outstanding transaction total.

Meanwhile, public service union PIPSC is calling on the government to cull the number of convoluted pay rules that are currently clogging the system, but this is one of those issues where I’m not sure that they may be a wee bit disingenuous. PIPSC maintains that it’s all Treasury Board’s fault that there are so many rules, because they’re the ones who ensure there are all of the exceptions around overtime or acting status, and so on, and that they should be the ones to do the cull. But as Kathryn May points out, there is a reluctance to do this, even by means of special negotiations, because the unions are very touchy about any particular changes that they might see as rolling back any employee’s rights or benefits. And if you don’t think the reluctance is real, if memory serves, the last public service strike happened when the government wanted to phase out some old classifications with few employees in them, and the unions balked. (I also seem to recall that the deal they ended up getting was possibly worse off to save these obsolete classifications, which soured many of the public servants that I knew on the whole thing). So yeah, there are problems with the vast number of pay rules in place, and that has certainly had a detrimental effect on the whole Phoenix pay system, but I think that if the unions aren’t engaging in any self-reflection over this, then that may be adding to the problems.

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Roundup: A modest peacekeeping package

At long last, Justin Trudeau delivered what the government had long-promised when it came to how Canada was going to fulfil its pledge around peacekeepers for the UN. Err, well, sort of. You see, while Trudeau said that the 600 troops would all roll out eventually, for the time being, we’re doing more of the work of capacity building, training, and getting more women involved, plus a new rapid-response air deployment of heavy-lift capability and weaponized helicopters that will include some 200 personnel. And no, we’re not sending troops to Mali. More significantly, perhaps, was the initiative on ending the use of child soldiers, which helps to fulfil some of the long-time work of retired general and Senator Roméo Dallaire.

At this point, the peanut gallery erupted into how the government’s mandate tracker would rate this promise as not having really been kept, but I have to wonder if that’s being unfair given the situation. We’ve heard for two years, since the initial pledge was made, that traditional peacekeeping was dead, and we needed to do something else, and lo, the government listened, consulted, and came up with a package of items – and funds – that will help with the real work of building capacity where it doesn’t exist currently. And listening to Dallaire on Power & Politics, he made the notion that it’s not really about committing another battalion of troops, because they have those – it’s about ensuring that they have the capacity to deal with the situation on the ground, and if Canada can help with that, is that not the better use of our time, money, resources, and personnel? Or do we demand 600 troops + 150 police in x-country that is just the right level of dangerous in order to check off a box and say “promise kept”? I’m not sure. We’ll see how the international community reacts, but so far the word out of the UN has been fairly positive (though it sounds like France may be a bit ticked that we’re not going to Mali). But maybe I’m wrong and we should have just sent them to Mali. I do think that we need to be a bit more nuanced in our understanding, and as with many things, people underestimate the need for capacity building at home and abroad, and it does seem to be something that this government is trying to address in one form or another. (For another take, here’s Stephen Saideman and his lukewarm feelings toward the announcement).

https://twitter.com/stephaniecarvin/status/931000867565776896

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