Tag Archives: Canadian Forces

Roundup: The curious PCO-PBO turf war

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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

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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

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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:

https://twitter.com/kevinmilligan/status/863821080124735488

https://twitter.com/kevinmilligan/status/863822647229952000

https://twitter.com/kevinmilligan/status/863823376627912704

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.

https://twitter.com/kevinmilligan/status/863822997072732161

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

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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

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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.

https://twitter.com/aballinga/status/862014100506890241

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.

https://twitter.com/pmlagasse/status/862110036952272896

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

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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.

https://twitter.com/pmlagasse/status/861224628114661376

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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Roundup: Rejected amendments on C-4

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It looks like we may have another bit of drama between the Commons and the Senate with respect to the amendments on Bill C-4, which is the government’s repeal of two private members’ bills from the previous parliament that sought to limit unionisation. While the portions of the bill related to the repeal of the one bill on financial reporting for unions went through, there were amendments to retain the portions of the former bill on ensuring that union drives are subject to a secret ballot instead of the card-check system. The government has signalled that they plan to reject those amendments, which was not unexpected.

The insistence on secret ballots for unionization was a very fraught issue, and having covered the private members’ bills in the previous parliament, I spoke to a number of labour relations experts who said that not only did this was a problematic change because it put the system out of step with much of the legislation around it, but the process for making those changes – a private members’ bill – upset a lot of the balance in the system and because it had the Conservative government’s support, it shifted the role of the government from promoting settlements and giving parties mediators or arbitrators to one of being openly against the unions. None of that goes away with the Senate’s amendment process. This isn’t by any means to say that I’m trying to shill for the unionization side of things – I’m not. But this is one of those issues where process does matter, and the previous parliament upset the usual process by which these issues are agreed to.

And if the Commons rejects the amendments and sends it back to the Senate? Will they accept the judgment of the Commons? Likely. While the Conservatives in the Senate will likely try to fight this tooth and nail – seeing it as a legacy of their time in government – I’m sure there will be some pressure (and no small amount of admonition from Senator Peter Harder) to bend to the will of the elected members. If the Senate didn’t go to war with the Commons over the assisted dying bill, I have a hard time seeing why they would over this one, particularly as there is a good chance it would not survive a Charter challenge.

ETA: I confused C-4 and C-6 with regards to the call for a free vote. Those sections have been excised.

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Roundup: An unconstitutional motion

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As stated for their upcoming Supply Day motion (currently scheduled for Monday, the Conservatives have drafted a resolution that would see the House of Commons express non-confidence in Minister Sajjan and Minister Sajjan alone. It’s the kind of thing that makes me want to bash my head into a wall before my head explodes because it’s so very boneheaded from start to finish.

First of all, you should read this post by James Bowden, who takes apart the motion to and shows that it is unconstitutional. What is more interesting is the fact that the NDP tried this tactic before when Rona Ambrose was minister of the environment, and the Speaker ruled it out of order then, just as Speaker Regan should this time. Why? Because one of the fundamental tenets of Responsible Government is that of Cabinet solidarity. Cabinet lives and dies as a single body – there is no dispensation given to ministers we like, or to simply cull the prime minister from the rest of them in these kinds of votes. It’s an important feature of why the system works the way it does, and trying to cherry pick it for the sake of political tactics makes one a bit queasy because this is our very system of government that we’re talking about and they should bloody well know better.

Look, I get that they’re trying to exploit what they see as low-hanging fruit with Sajjan, but along the way, they’ve been dangerously blurring the lines of civil-military relations by asserting that the troops want him gone (do they aside from a few cranks? Never mind that it’s not these soldiers’ call), and by referencing Sajjan’s actions in military terms rather than political ones. Trying to use the term “stolen valour” is also offensive, not only because it’s generally reserved for someone who dons a uniform or medals without having been in combat (which is not the case with Sajjan), but because they’re co-opting it from the military for political benefit. But now they’re trying to go against the fundamentals of Responsible Government to score what they hope will be a cheap win.

That Her Majesty’s Loyal Opposition is trying to burn the system to the ground to score a couple of points is a very serious problem, and one indicative of a party that is more focused on populist spin than they are in being principled. It’s  a disturbing pattern, and one that they should knock off before they go too far down this garden path.

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QP: Questionable claims about Sajjan

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For Star Wars Day (“May the 4th be with you”), it was unfortunate that the prime minister was absent, as he was busy meeting his Irish counterpart in Montreal.

Rona Ambrose led off, reading some sanctimonious disappointment in the defence minister. Harjit Sajjan noted that he apologies, and launched into a sales pitch for his forthcoming defence review.

Ambrose railed that Sajjan behaved like a politician — because that’s what he is — but Sajjan stuck to assurances that he was looking after the troops. Ambrose turned to tax benefits for those serving in Kuwait, and Sajjan said that they would ensure that they would have the necessary benefits owed to them and they were ensuring fair compensation rules were in place. Ambrose accused him of misleading the House on the issue, and Sajjan spoke about fixing the immediate problem, and there was a difference between tax-free benefits and hardship allowance. Ambrose then turned to defence funding, and demanded Sajjan’s resignation. Sajjan said they were putting the Canadian Forces onto a sustainable footing. Ambrose cherry-picked past defence spending of the previous government (ignoring that many of those procurements, like the helicopters, were badly bungled), and Sajjan expounded upon the non-partisan advice they got on the defence file and that they were moving ahead to recapitalise the Forces.

Nathan Cullen led off for the NDP, but when he talked about the government “polishing a turd” of political fundraising, the Speaker was unamused and went to the next name on the list.

That was Alexandre Boulerice who railed about finalising rules, and Karina Gould assured him they were tabling rules for more transparency. Boulerice then railed about handcuffing the PBO, and Bardish Chagger said they were making him more independent but were open to amendments. Cullen was back up to ask the same in English, and Chagger repeated her answer.

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Roundup: The hole that the Forces find themselves in

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While I noted that this was certainly used as an attempt to change the channel during QP yesterday, I wanted to spend a couple of more minutes talking about the big defence policy teaser that Harjit Sajjan gave yesterday, which basically made the perennial statement that the previous government didn’t do a very good job, which is why we’re in such a terrible mess. All governments say this, and future governments will too. And while Conservatives in my reply column get indignant, and while Rona Ambrose emailed her own fact-check, it too contains a lot of rose-coloured history.

Ambrose mentions things like the Leopard 2 tanks (the decision to purchase which were questioned considering it’s obsolete Cold War era technology bought for a counter-insurgency war), the Cyclone helicopters (which were problem-plagued and didn’t even have shielded electronics, which were easily knocked out by the radar on our frigates), the new Arctic Offshore patrol ships (known affectionately as “slushbreakers” because they can’t even cut through the ice in a gin and tonic and yet they’re supposed to be used for Arctic operations), and then there are the supply ships which they cancelled, leaving us with no supply capacity in our navy. So yeah, they did so much with their investment in the military.

Much of the reaction to Sajjan’s speech was that yes, we’re in a hole, but the government hasn’t committed to reinvesting either. Partly they have, with the earmarked dollars that will follow once there is a plan in place. That plan will be part of the actual rollout of the Defence Policy, and the prime minister acknowledged in QP yesterday that investment in the military would follow the policy, and yes, the policy is important to have in place first because it’s hard to plan to spend if you don’t know why you’re spending or what the plan is for our Forces to be doing. So it makes sense to wait for a plan before there are dollars to follow it. It should also be noted that this government is not following the more recent trend of putting all of its plans in the budget, so we may yet so more dollars flowing (but it remains to see how many dollars, considering the fiscal situation).

All of this being said, we will still need to acknowledge that funding likely won’t be enough to completely get things back on the right track, and that complaints about underfunding will continue into future. This new funding likely won’t even get us close to our 2 percent of GDP NATO target (not that such a target counts for a lot). Suffice to say, I’m not sure that any party should be patting themselves on the back.

For some more reaction here’s Dave Perry on Power Play, and Stephen Saideman offers his thoughts on the teaser here.

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