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: 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.

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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: The Meilleur problem

The feigned outrage over Madeleine Meilleur’s nomination as the new Official Languages Commissioner, combined with the disingenuous concern over the search for a new Conflict of Interest and Ethics Commissioner, is really starting to annoy me – particularly because of the way in which things are being spun, and the abject hypocrisy of it all. As for Meilleur’s surprise that this has become an Issue amidst a snake nest of partisans looking to stir things up and try and throw as much mud on the PM as they can, I have to say Oh, come on. You were in Queen’s Park. You know that they’ll play politics over this. Because seriously.

To start with, I will take note of Meilleur telling an interviewer that she had initially thought about applying to be a Senator to continue to contribute to public life now that she had resigned from Queen’s Park. While I continue to object to the self-identification process that this government has put into place (because why not try to get every narcissist in the country to hand in a CV?), the fact that she was told by the head of the selection committee that recent politicians were verboten in the “newly independent” Chamber is kind of infuriating. Why? Because the Senate is Parliament’s institutional memory. It’s a Good Thing to have some experienced political players in there, from both federal and provincial sides, so that they can be of use to Parliament as that institutional memory. That Trudeau seems keen to destroy that function of it is a problem.

As for Meilleur meeting with Gerald Butts and Katie Telford, I’m far less sold that this is somehow suspicious partisan work. They are contacts she had from their mutual time at Queen’s Park, and she was looking for ways to contribute, and hey, they’re people who would have some ideas. You realise that trying to make a Thing out of it is childish, right? Is the fact that she was once a provincial Liberal a problem for the job? Perhaps, if she didn’t have the qualifications for it. But by all accounts, she is more than qualified, which makes the partisan gamesmanship all the pettier. And to hear the party that appointed Vic Toews to the Manitoba Court of Queen’s Bench rail on about how terrible this is, I have little patience for their arguments.

Meanwhile, as for the Conservatives’ demands that the process for the new Ethics Commissioner be turned over to a third party, I have a couple of things to say: one is that this is a democracy and not a technocracy, so stop trying to offload political decisions to outsiders; two is that you get to hold the government to account for the choices that are made; and three, demanding a retired judge make the selection, when the criteria specifies that the new Commissioner should be a former judge or head of a tribunal, you’re just creating a new conflict of interest because you’re asking said judge to appoint a former colleague. How is this any better? Seriously, do you people not stop to think for one second about your supposed attempts at being clever? Honest to gods, you people.

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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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QP: Defence policy concerns

While Monday attendance is usual for the PM, he was nowhere to be seen today, instead meeting with Muslim leaders from around the country. Rona Ambrose led off, worried that the Trump administration would be able to see Canada’s defence policy before Canadians would. Harjit Sajjan said that because the policy was determined in consultation with allies, it made sense for them to see it first. Ambrose accused the PM of meeting with Americans in secret over it, and Sajjan reiterated that it was done with broad consultation and be fully costed. Ambrose turned to Wynn’s law, complaining that the government gutted it (despite the fact that the legal community was not in favour of the bill). Jody Wilson-Raybould said that they felt for Wynn’s widow and supported the principles of bail reform, but the bill didn’t pass muster. Ambrose accused her of looking out for the interests of lawyers instead of victims (as though it’s not lawyers navigating the new problems the bill would create), but Wilson-Raybould reiterated her response. Ambrose’s final question was to demand support for her bill on mandatory sexual assault training for judges. Wilson-Raybould was non-committal in her response, just talking about the importance of the issue. (Note that after QP, the government voted to ram the bill through without further debate). Matthew Dubé led for the NDP, worried about the possibility of tolls and service fees for projects funded out of the Infrastructure Bank. Amarjeet Sohi reminded him that they could leverage investment while freeing up government dollars for things like shelters and housing. Rachel Blaney railed about the risks associated with the investments, and Sohi noted pensions funds that invest in infrastructure in other countries, while they were trying to get those dollars to stay in Canada. Blaney then demanded guarantees for fair treatment at the US border (as if that will work for the Americans), and Ralph Goodale said that any incidents should be reported so that they had a statistical record but so far the figures were on the decline. Dubé reiterated in French, and Goodale told him to follow up on individual cases with his office.

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Roundup: A couple of thoughts on the BC situation

Given the (likely) minority government result in British Columbia last week, a number of people have been trying to game out various different scenarios for how this all might happen. Meanwhile, media everywhere are flocking to hear what the Green Party has to say, with their apparent balance of power, while Elizabeth May in Ottawa keep spouting this laundry list of things that apparently 57 percent of British Columbians voted for, despite the fact that there is no actual proof that those voters all voted for those very things, be it electoral reform or stopping the Kinder Morgan pipeline expansion. Nevertheless, when UBC economist Kevin Milligan asked my thoughts, here is what I told him:

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I do think the fact that the legislature won’t sit until October is a key factor. BC has always been a bit weird about this, and there has been a lot of wailing and gnashing of teeth from some political scientists over social media that there is a pattern of cancelling the spring session of the BC legislature and few people seem all that bothered about it, while Christy Clark seems to make it sound like it’s such a terrible imposition that they have to bother sitting at all, which is weird and uncool for a democracy.

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There is a burgeoning convention that if it’s been six months, that it’s more likely that the GG or the lieutenant governor will call an election rather than entertain an attempt by the opposition to form government. And what I meant by how leaders perform in the meantime is whether there are any temper tantrums (particularly from the NDP leader, who has been fighting a reputation for being a hothead throughout the campaign), and that will weigh on how the public perceives any kind of government arrangement – we did live through this in Ottawa in 2008, and the fact that Harper mostly kept his cool while Stéphane Dion went apoplectic certainly helped Harper’s case with the general public. As I also mentioned, I have a suspicion that the Greens will try to overplay their hands in trying to get a bigger share of the governing pie, and making a list of demands that may not be saleable to Clark. Of course, the moment that happens, she has ammunition to go back to the voters to say “look at how unreasonable these people are, and they want to destroy the economy, so you need to give me a real majority mandate.” We’ll see if any of this happens, but this is pretty much what I have to say on the matter for now.

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Roundup: Not a real QP fix

Earlier in the week, the NDP put a motion on the Order Paper that they plan to use for a future Supply Day. The text of it, presented in the NDP House Leader Murray Rankin’s name reads as thus:

May 9, 2017 — Mr. Rankin (Victoria) — That Standing Order 11(2) be replaced with the following: “The Speaker or the Chair of Committees of the Whole, after having called the attention of the House, or of the Committee, to the conduct of a Member who persists in irrelevance, or repetition, including during responses to oral questions, may direct the Member to discontinue his or her intervention, and if then the Member still continues to speak, the Speaker shall name the Member or, if in Committee of the Whole, the Chair shall report the Member to the House.”

As Kady O’Malley points out, this would actually be a binding Supply Day motion, as it involves the Commons moving changes to its own rules, and the effect of which is to give the Speaker much more power to police answers given by enhancing the orders around irrelevant or repetitive answers. And on paper, it sounds great. I’m just not sure that this will work in practice.

For starters, this is attacking a mere fraction of the actual problem that we face in the House of Commons. It’s not just the answers that are lacking – it’s the questions (which are as repetitive and irrelevant as the answers), and in many cases, they’re not actually questions, but meandering speeches disguised as rhetorical questions, or non sequitur accusations for which there can be no answer. Empowering the Speaker alone will not solve the problem – the whole ecosystem in the House of Commons needs to change, which means banning scripts, loosening up the clock, and doing away with the established speaking lists. The rigid structure and scripted nature is now all about creating a buffet of media clips, and simply empowering the Speaker to compel answers by means of naming and shaming is not going to fix the underlying problems.

The second problem is that this is something that can very quickly be abused. In fact, you can guarantee that if this were implemented that the very first series of questions that the Opposition would ask would be a trap for the Prime Minister – as much of a trap as their constant questions on Wednesday about the Ethics Commissioner investigation were. That Trudeau refused to step into said trap was a political calculation that has endeared nobody in the whole sordid affair, and everyone came off looking petty. Compelling the PM to walk into traps on a daily basis will quickly become a major problem.

A third major concern is that enforcement of this rule change is going to cause all manner of problems if the opposition doesn’t see the Speaker enforcing this to their liking. Accusations of favouritism or partisanship will soon flow, and there will be tears and recriminations. Nobody will win. So while I appreciate the sentiment of this motion, and would agree with it to a very limited degree, until we get the bigger and more important changes, this simply becomes a bigger problem than the one they’re trying to solve.

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Roundup: Exit Meredith, at long last

It is perhaps not entirely surprising, but it seems that soon-to-be former Senator Don Meredith had the tiniest shred of shame left in him after all, and he announced yesterday that he would be resigning from the Senate. Well, sort of. He wrote a letter where he implied that he was resigning but didn’t actually say it, and made himself out to be a hero for not putting the Senate through a Constitutional challenge around its powers to expel a member. It took calls to Meredith’s lawyer to confirm that yes, he was resigning, and then more calls to confirm that yes, the letter stating that had been sent to the Governor General (who has to get it and then inform the Senate Speaker of that fact) but just hadn’t arrived during the evening political shows.

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So now there are a couple of questions remaining. One of them is what happens to the two ongoing investigations into harassment in his office, which would normally be suspended given that they are considered moot given that he’s no longer there. That could change, however, if the Senate Ethics committee decides to let them continue in order for everything to be aired. Given the current mood, that may still happen.

The other question, and we’ll hear no end of sanctimony about it, is about Meredith’s pension. That’s the one thing that most reporters immediately glommed onto yesterday, because of course they did. Apparently, Treasury Board gets to make this call, and they’ve apparently reached out to PMO on the issue, so I’m sure we’ll get some kind of a political determination around it within a couple of days. At that point, we’ll see if Meredith decides that it’s a fight he wants to take on, despite the fact that he’ll have popular opinion against him. He may, however, have the law on his side, but more to the point, the desire to preserve one’s pension has been a driving force for getting bad actors to resign gracefully. Taking that option away will disincentivise future bad actors to do so, which is a bigger problem long-term than the public outrage about this one public figure.

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Meanwhile, this means that the Senate’s powers to expel one of its own members will remain untested, which isn’t necessarily a bad thing. I’m not sure that it’s preferable for them to have gone ahead with it, even as a test case, given the historical message that it sends. Regardless, here’s James Bowden laying out the case for why the Senate does have the power to expel its own members, should it become necessary once again in the future.

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Roundup: Your quarterly QP hand-wringing

After QP started getting rowdy and loud again in the past week, both in the feigned outrage over the calculated overblowing of the Sajjan situation and Trudeau’s Wednesday proto-PMQs that have given the opposition the chance to be extra vocal in expressing their displeasure of him, we have seen the return of the navel-gazing about what to do about QP. Aaron Wherry muses about the lack of answers despite more questions directed to the PM, while Penny Collenette compares the QP flaying of Sajjan to Senator Don Meredith hiding from the public eye to prove the point about how QP is better because it’s public.

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Lagassé raises an important point here – Sajjan is a minister and QP is a forum to hold him to account. Meredith is a senator and not a representative of the government in that chamber. Just as we don’t hold backbenchers up to scrutiny in QP, we also don’t hold individual senators up to the same scrutiny in that Chamber’s version, which is an important distinction. As well, the process around Meredith has been quite public, from the release of the Ethics Officer’s report, to the Ethics Committee’s response and their own report recommending his expulsion (including the legal advice of the Senate Law Clerk). While Sajjan has been exposed to questions about his apparent self-aggrandisement (which, I will remind you, is not actually “stolen valour” as the Conservatives would term it, as that is largely reserved for those who put on a uniform or medals that they didn’t earn – something Sajjan certainly has earned), there has been nothing public in the way of an explanation from Sajjan – only a series of apologies (which, I will grant you, have taken personal responsibility, which not everyone in politics does). While I have a great deal of respect for Collenette, she is comparing apples to hedgehogs.

As for the latest bout of hand-wringing about the state of QP and the terrible decorum in the place, I will point to something that John Ibbitson said on CBC News Network’s Sunday Scrum yesterday – that while MPs could certainly empower the Speaker to crack down harder on it and have him start naming MPs and expelling them from the chamber for their behaviour, MPs don’t actually want to do that. QP is the way it is because that’s what MPs want. I don’t necessarily think it’s a bad thing either – politics needs some theatre, but what we need in this country is some good theatre, rather than this scripted junior high gymnasium play that the history teacher wrote. There are changes that need to happen to make QP better, like eliminating scripts and speaking lists, loosening the clock, and empowering the Speaker to police answers, but so far, MPs have been deaf to those suggestions. So long as they remain so, things will continue in their sad state.

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