Roundup: Monarchial stability

In an interview with CTV’s Question Period about his upcoming trip to the Queen’s official 90th birthday celebrations in London, His Excellency the Governor General credited the monarchy with holding Canada together, and noted that constitutional monarchies are among the most stable of all forms of government – and he’s right. Predictably, however, the republicans among us got right offended, saying that Canadians deserve some of the credit, and it was simplistic, patronising and wrong to say that Canada would “disintegrate without a London-based, hereditary Head of State.” The problem with this line of reasoning is that it ignores some of the counterfactuals, and what we see in countries where heads of state are elected and who are largely partisan in nature. The stability of those countries is indeed an issue in many cases, and social progress is generally further behind than most constitutional monarchies, which have a demonstrated tendency not to be as conservative or reactionary as one might think given the importance of maintaining those traditions. But the most important reason why constitutional monarchies like Canada’s tend to be more uniting is that they don’t rely on a partisan head of state to be the uniting figure around which all of the pomp and circumstances happens, and you don’t have people going “he’s not my president” and so on. It’s not the partisan head of state’s face on postage stamps and in embassies, or who receives military salutes. Ours is a system designed to keep leaders from developing cults of personality and keeps their ambitions in check because they do not hold power – they merely exercise it on behalf of the one who does (that being the monarch). It’s also why it’s concerning that our prime ministers in this country have been getting presidential envy, and why this “First Lady” business around Sophie Grégoire Trudeau is a problem because it goes against our particular constitutional monarchical order. Having someone be above the political fray has benefitted our society and our culture, and it can’t be easily dismissed as being simple or patronising. Systems help to shape societies, and our system has shaped ours for the better. We can’t simply ignore it out of some childish sense of spite about how and why that system works the way it does.

His Excellency also noted that Trudeau’s children help bring Rideau Hall “alive,” and he reminded us that his own children used to play with Pierre Trudeau’s children when they were the same age, living in Montreal nearby one another.

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QP: An end to constant clapping?

On caucus day, all of the leaders were present but there were a few curiously empty desks. Rona Ambrose led off, mini-lectern on neighbouring desk, asking about Canadian special forces troops coming under fire near Mosul, and wondered about the training mission. Trudeau replied about helping our allies take the fight to ISIS, and listed off the additional resources added to the mission. Ambrose asked again about the combat mission, and Trudeau reiterated that it was not a combat mission. Ambrose then moved back to the howls for a referendum, and Trudeau listed off his promises of broad consultation. Denis Lebel took over in French to demand a referendum, and got much the same answer, and then a second round of the same. Thomas Mulcair was up next, asking about RCMP surveillance on journalists, and Trudeau reminded him that the RCMP were taking steps, and that they have learned from their mistakes. Mulcair asked again in English, and demanded why C-51 was not repealed. Trudeau mentioned ongoing consultations with stakeholders and the forthcoming parliamentary oversight body for national security. Mulcair then switched to C-10 and jobs affected, and Trudeau insisted that they were trying to ensure the long-term success of the industry. For his final question, Mulcair bemoaned the lack of investment in Bombardier, and Trudeau reiterate that they are encouraging investment in the sector.

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QP: Sharper responses to repetitive questions

The vast majority of MPs fresh from a convention, you would have thought that the leaders would be there to join them, but no, Elizabeth May was the only party leader present in the Commons for QP on a sweltering day in the Nation’s Capital. Denis Lebel led off, demanding a referendum on electoral reform to ensure that there was proper support. Mark Holland responded, inviting members of the opposition for their input on what kind of a system they would like to see. Lebel repeated the question in English, and Holland brought up the Fair Elections Act. Lebel asked again, and Holland broadened his response to say that it wasn’t just about electoral reform, but about things like mandatory voting or electronic voting. Andrew Scheer was up next, and demanded that the government withdraw the motion to create the electoral reform committee. Holland reiterated the points that people believe that the status quo isn’t good enough. Scheer closed it off with a series of lame hashtag jokes, but Holland praised the dynamic conversation that was about to happen. Marjolaine Boutin-Sweet led off for the NDP, and wanted C-14 referred to the Supreme Court. Jody Wilson-Raybould insisted that they needed to pass the bill before the Supreme Court deadline. The question was repeated in French, and Wilson-Raybould stated that the bill is the best public policy framework going forward. Murray Rankin took over, and pleaded for the government to work with them to get the bill right. Wilson-Raybould’s answer didn’t change, and on a repeated supplemental, Jane Philpott insisted that they need the legislation in place to protect physicians and pharmacists.

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Roundup: The problem with sponsoring bills

News that the “Government Representative” in the Senate, Senator Peter Harder, has been asking unaligned senators to sponsor government bills as they arrive from the Commons has me feeling a bit uneasy, and I’m trying to figure out why. This meant a trip through the Senate Procedure in Practice, and I find my concerns only slightly mollified. I will admit that the government’s plan to move a government bill in the Senate – Bill S-2, which deals with motor vehicle recalls – also has me uneasy because while it is being sponsored under Harder’s name, the fact that Harder is not a cabinet minister remains a troubling procedural issue. Government bills should be introduced by cabinet ministers, whether that minister is the Leader of the Government in the Senate or another minister in the Senate (which happens on occasion), and Harder, while sworn into the Privy Council, is not a minister. That the Conservatives did this with Claude Carignan was not a particularly good precedent to create or follow, since Carignan was essentially a minister without being in cabinet for the only reason that Stephen Harper was having a fit of pique over the ClusterDuff Affair, Carignan also having been sworn into Privy Council and being given access to PCO resources to do his job. But while Carignan was at least a part of the government’s caucus, Peter Harder explicitly is not, which is why this decision to have him sponsor government legislation is troubling. I remain of the view that as much as Harder is trying to present himself as non-partisan and independent, you cannot be independent while also representing the government because it is an inherent conflict of interest. That he is being asked to perform the functions of a cabinet minister while still proclaiming himself to be independent is risible. It is a problem that Justin Trudeau’s particular…naivety around his Senate reform project cannot simply gloss over without eroding the fundamental tenets of our Westminster system. That he wants a more independent Senate is not a bad thing, and the appointment of a critical mass of unaligned senators is a laudable goal, but you cannot expect someone who is not a minister to do the functions of a minister and still call themselves independent. As for Harder asking unaligned senators to sponsor bills, it’s not quite as outré as having Harder sponsor government bills that are initiated in the Senate, but I am still uncomfortable as this is typically something done by a member of the government’s party, given that the sponsor’s job is to defend the bill and advocate for its passage. While I don’t buy that every new appointed unaligned senator is really a crypto-Liberal, as many a Conservative senators would have you believe, the fact that Harder is the one doing the asking is still uncomfortable. It would perhaps be better if he were to call for volunteers to sponsor bills on their way from the Commons and then perform a coordinating role rather than an assigning one, if only for the sake of optics. Harder calling up unaligned senators and asking them to act as sponsors looks too much like he is playing caucus management, and if he continues to insist that it’s not the way that the chamber is operating, then perhaps he needs to be more conscious of the optics of the way he is operating.

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Roundup: Term limit nonsense

As we gear up for the Conservatives’ policy convention this weekend, one of the policy resolutions on the table is term limits for the party leader, which they propose to cap at eight years should the leader become Prime Minister. While this is an example of the grassroots showing some displeasure at Stephen Harper and his stranglehold over the party for well over a decade, it’s a terrible bit of Americana that people keep trying to import into our system as though it were a panacea to problems that exist here. They’re entirely wrong, however, but they keep trying. Over in the National Post, John Pepall argues that term limits are fundamentally undemocratic because they prevent people from having the choice of electing a popular leader for as long as they like, but while he has a point, I would stress that term limits in a Canadian context are a complete lack of understanding of our system of Responsible Government, which rests on the principle of confidence. After all, term limits are largely unnecessary because our system can dump a prime minister at any point by means of a vote of no confidence – something that can’t happen in the American system, as they don’t have a system based on confidence, but rather on defined terms, with the relief valve of recall elections in some cases. Otherwise, they are forced to wait out a term until the next election, while in a Westminster system, it can happen with a snap vote in the Commons. Of course, we do have the problem in this country particularly around being able to dump a leader who is not the PM because we have moved away from the caucus selecting the leader, to systems of either delegated conventions, one-member-one-vote, or the latest Liberal abomination, the “supporter category.” Caucus selection kept leaders accountable to them, and it kept them in check, whereas they accumulated more presidential powers as the base that elected them grew larger and they felt more empowered by their “democratic mandate.” While leaders can still lose membership reviews by party members (witness Thomas Mulcair), a caucus can still pressure a leader to resign these days by simply making their dissatisfaction public. In most cases, like with Alison Redford, all it takes is a couple of MPs/MLAs with enough of a spine to go public, and the leader sees the writing on the wall. In cases where the leader digs in their heels – as with Greg Selinger in Manitoba – it can become the death knell for that particular government, as we witnessed in that province’s election just weeks ago. But all of these upsets were accomplished without term limits, and respecting the principles of Responsible Government. Trying to graft on Americana will just turn our system into some kind of monstrous chimera that won’t actually be able to function – hell, the changes we’ve made to leadership selection processes so far have already damaged and warped our system and need to be undone. But if Conservative Party members want to actually respect our system of government, they’ll vote down this cockamamie policy proposal with extreme prejudice, and hopefully we won’t have to speak of this again.

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Roundup: The elbowing

I can scarcely express just how stupid things got yesterday because everyone needed to rush to score points. But here we are. Starting back at the beginning, the government decided to put a motion on the Notice Paper that was basically the nuclear option of time allocation measures – essentially suspending all avenues by which the opposition could propose dilatory motions until the Commons rises for the summer, so that they can get C-14 and a few other timely pieces of legislation passed. And the opposition freaked out.

Nobody is quite sure why the Liberals resorted to such tactics, but my working theory is that the closed-door House Leaders’ meetings have degenerated to being unworkable (not an unlikely theory considering that my sources told me in the previous parliament that Peter Julian was impossible to work with), and Monday’s surprise vote after the NDP lied about the motions they were moving that day broke the trust of the Liberals, who had been attempting to work amiably with them. It’s also possible that putting this motion on the Notice Paper was as the nuclear option – the threat to hold over their heads in order to try and force them to come to the table with reasonable requests for timelines on debates. Dominic LeBlanc went so far as to suggest that rather than constraining debate, they were trying to allow for more under this motion, not that the opposition believed him. Temperatures got raised, and QP was one of the most heated of the current session.

After QP and the Komagata Maru apology, the procedural games started up again, including a privilege motion from Julian about how terribly draconian these tactics were. Fast forward a couple of hours to the time allocation vote on C-14, and the NDP apparently decided to play the childish tactic of physically blocking the Conservative whip from being able to walk down the aisle. The NDP claimed they were just “milling about,” but people milling about don’t all stand facing the same direction, and both Elizabeth May and Andrew Leslie have confirmed that there were shenanigans being played. And it would seem that Justin Trudeau had lost his patience by this point, possibly because Christy Clark was waiting in his office for a meeting he was already late for, and he still had a Komagata Maru apology reception to speak at, also late for. And so he did something completely boneheaded – he got up, went to the NDP blockade, and reached through to grab the Conservative whip and pull him through (which he apparently didn’t appreciate either), and in the course of that, accidentally elbowed Ruth Ellen Brosseau. Moments later, he went back to apologise to her as she fled the chamber – apparently flustered and unable to cope – when Thomas Mulcair began screaming at Trudeau and jabbing in his direction, when suddenly MPs from both sides of the aisle went to pull them apart before things got physical. It was all over in seconds, and Trudeau apologised for his actions.

Not well enough, apparently, as he did it again later when Brosseau reappeared in the chamber, but it doesn’t seem to matter because opposition MPs were now in point-scoring mode. Niki Ashton immediately got to her feet to decry that Trudeau had violated the “safe space” of the Chamber and NDP MPs started likening the incident to domestic violence, bullying and physical intimidation, and Julian talked about how his aunt was beaten to death. No, seriously. The Conservatives soon after began piling on, smelling blood in the water, and it devolved from there. Outside the chamber, Scheer and Julian took to the microphones to ramp up the spin, Julian deciding to drop the hints that there were “rumours” to the fact that Trudeau has some kind of history of violence, because there were points to be scored. And the faux outrage dominated the Twitter Machine as “fearful” MPs registered their shock and horror at what they’d witnessed. And it was just so stupid that I can’t even. Suffice to say, this looks like it’s going to boil down into privilege hearings in the Procedure and House Affairs committee, and we’re going to be subjected to weeks of un-clever “sunny ways” references, and suggestions that Trudeau is apparently unfit for office. It’s a good thing that next week is a constituency week, but I fear for what the final stretch of sitting weeks is going to be like if tempers are this frayed this early. I suspect it’s going to get really ugly from here.

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QP: Raising the referendum temperature

With the big announcement on the trans rights bill having been made, there were plenty of members’ statements about International Day Against Homophobia and Transphobia. All of the leaders were present, and Rona Ambrose led off, mini-lectern on neighbouring desk, and asked about the review of the forthcoming NEB ruling on the TransMountain Pipeline. Justin Trudeau hit back, saying that it was the previous government that created uncertainty by not committing to protecting the environment. Ambrose insisted that the review was “very thorough,” but Trudeau repeated his response about the previous government’s failings. Ambrose changed to the electoral reform referendum issue, and Trudeau responded with his promise that the last election would be the last under First-Past-the-Post. Denis Lebel took over and asked another pair of demands for a referendum in French, and Trudeau repeated his same answer in French. Thomas Mulcair was up next, and wondered “what the hell” the government was waiting for about decriminalizing marijuana — earning him a rebuke from the Speaker. Trudeau repeated his standard points about legalization as a framework to protect kids and deprive organized crime of revenue. Mulcair switched to French to ask about a pardon for people currently convicted under the existing law, but Trudeau’s answer didn’t change. Mulcair changed to C-10, for which Trudeau insisted that it would be used to build an aerospace industry in Canada. Mulcair repeated the question in English, and got the same response.

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QP: Monsef’s saccharine platitudes

For caucus day, all of the leaders were present, and from the gallery at the back of the chamber, former Speaker Peter Milliken was keeping a jovial eye on the place. Rona Ambrose led off, mentioning her time in Fort McMurray and asking that infrastructure funding for the region be fast-tracked to help them get back on their feet. Trudeau thanked her for her leadership on the ground and noted that he formed an ad hoc cabinet committee for the rebuilding, in order to bring the whole of government to help. Ambrose changed topics and demanded a referendum on electoral reform. Trudeau raised the Fair Elections Act, and that people voted for change in the last election. Ambrose asked again in French, got much the same answer, and then Scott Reid took over to ask if the only way the government was going to hold a referendum was if they knew they could win. Trudeau repeated his commitment from the election that it was to have been the last election under First-Past-the-Post. Reid pressed, and Trudeau said that people wanted change after the last government’s behaviour with a majority. Thomas Mulcair got up next, and demanded that the committee allow all of the members to vote. Trudeau insisted that Canadians were clear when they voted for change in the election. Mulcair declared the fix to be in for preferential ballot which he insisted worked in their favour. Trudeau gave his same answer, and Mulcair moved onto a video about Saudi human rights abuses with relation to the LAVs. Trudeau reminded him that he promised not to break the contract, and that Mulcair did too. Mulcair gave a roaring repeat, and got as sharp of a rebuke from Trudeau.

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Roundup: Gratuitously rejecting amendments

It sounds like deliberations in the Commons justice committee are going about as well as expected, as they reject dozens of amendments related to the medical assistance in dying bill. It should be noted that they’re rejecting amendments from all sides – both the Conservative ones aimed at introducing further restrictions (which should probably just invoke the Notwithstanding Clause along with them because of how they further impede the Supreme Court of Canada’s decision in Carter), and those NDP, Bloc and Green amendments that would make the legislation more permissive, and it sounds like only a couple of minor amendments have been accepted – one Liberal, one Conservative, both fairly technical. All of this is making be believe that we may be headed for a showdown with the Senate, as it sounds increasingly like they are unhappy with the current state of the bill and have grave concerns that it doesn’t meet the constitutional tests laid out in the Carter decision. This could make for a very interesting few weeks ahead if senators decide to dig in their heels – particularly Senate Liberals, who are likely to very clearly demonstrate their independence from the Liberals in the Commons as they take opposition positions on this government bill. We’ll see how far they’re willing to push it, whether they will amend the bill and send it back to the Commons, and if the government decides to push back or not, or accept the judgment of the Senate in its more independent state (as Trudeau has insisted he’s looking to make a reality). More likely, we’ll be subjected to weeks of pundits baying at the moon because how dare the unelected Senate dare to challenge elected MPs even though that’s the whole point of the institution in our constitution. I can hardly wait for that fun to start. Meanwhile, Aaron Wherry looks at how MPs are dealing with this issue in terms of consulting with their constituents for the upcoming free vote, and how their own religious convictions play into it. Of course, MPs always like to say all manner of things about what their constituents say and believe (and it almost always just happens to line up exactly with their party’s talking points, as if by magic), and given how completely spineless most MPs tend to be on tough issues like this, we’ll see how they wind up deciding when the final vote comes down.

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Roundup: Making up titles

Senator Peter Harder made it official yesterday – the announcement of a Deputy Leader and Whip – err, sorry, “deputy government representative” and “government liaison” as he wants them styled, and it erupted in a bit of a fight in the Chamber that he can’t just make up names for people because the Parliament of Canada Act doesn’t work that way. I also have concerns with the job descriptions that Harder has given them (and these were provided to me from a Senator).

For his deputy, Senator Bellemare:

Assists the Government’s Representative to process the legislation coming from the House of Commons (government, private members’ bills and government bills in the Senate) in a transparent, impartial, constructive and non-partisan manner;

In the context of an evolving modernized Senate, assists the Government’s Representative so that all bills (including bills coming from Senators) receive a fair and non-partisan treatment;

Assists the Government’s representative to provide Canadians with a clear understanding of the treatment by the Senate of the bills coming from the House of Commons;

Assist the Government’s Representative in the Chamber, to make sure that due process is provided to Government legislation and all other bills and businesses,

Follow the legislative work of Committees,

Assist Committees to provide more substantive reports on their specific study of bills,

Assist informally Senators with rules and procedures.

And for his whip – err, “liaison,” Senator Mitchell:

It is the role of the Government’s Representative group in the Senate to facilitate the passing of government legislation and to contribute to the effective functioning of the Senate in a non-partisan and open way. The Government Liaison position will be responsible for administrative and management roles and for liaison with all Senators. Specific responsibilities will include:

-Working with the caucuses’ Whips and with independent Senators to help organize the business of the Senate, including, for example, the coordination of Senate Committee placements;

-Supporting sponsors of bills by ensuring that they receive the required input, briefings, and material from Ministers and government officials to present bills effectively;

-Assisting sponsors of bills to identify and deal with the issues and concerns raised by Senators in the debate and review of legislation.

The Government Liaison will exercise these responsibilities in a collaborative and non-partisan fashion.

The problem with these descriptions is that they are largely comprised of buzzwords. Throwing around terms like “due process” and “non-partisan” is hard to square with the fact that these are government representatives, and government is inherently partisan. While I can grudgingly agree that having a Deputy makes some sense out of pure logistics, the “liaison” role is largely nonsense. The existence of the Independent Working Group means that there was no need to have a Whip to organise committee assignments for non-aligned senators, and senators are grown-ups and should be able to arrange getting materials from Ministers and government officials. They have phones and emails, and assistants who can make arrangements. And “assisting sponsors of bills to identify and deal with issues and concerns,” which purported will including helping senators draft amendments? Again, they’re grown ups who can do their own jobs and talk to the Law Clerk if they need to. Aside from bigfooting the Independent Working Group – and making this move without consulting them – what is most striking is that Harder made this move for largely the sake of optics – he wanted both a Conservative and a Liberal by his side to make a big show of being bi-partisan, even though the role he gave Mitchell is ludicrous, and heaven forbid that Harder just have Bellemare by his side, because that would give the impression that he is really a Liberal, and he couldn’t have that. So instead Harder is making things worse for everyone with this particular move, angering both the Conservatives and the Senate Liberals, while still acting outside of the Parliament of Canada Act and the Senate Rules. It’s undermines his credibility, the work of the independents at pushing for meaningful reform, and is going to make getting anything accomplished in the Senate difficult for the foreseeable future.

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