Roundup: The “dangerous” Senate

Remember last week when John Ivison had that ridiculous column about the Senate apparently becoming such a terrible beast that the finance minister was being forced to change his upcoming budget to placate them, and then Andrew Coyne got the vapours about it? Yeah, well, over in the Vancouver Sun, they found a couple of people for whom that Ivison column made them utterly hysterical that they made it the BC angle. And as much as I like Peter O’Neil, who wrote the piece, it was really terrible and didn’t appear to challenge any of these so-called experts at all, or even what Ivison wrote – it took Ivison as gospel and went to town with it, despite the fact that it was torqued and wrong.

The “experts” consulted were a former BC Liberal leader, a law professor, and a recycled quote from the current BC premier. Said former BC Liberal leader spins conspiracy theories that because BC only has six senators, it means that the other senators are going to sneakily start amending bills to funnel BC’s wealth eastward.

No, seriously. He actually said that.

The law professor? He asserts that, apparently based on the Ivison column, that the “half-reformed” Senate is emboldened to exercise its powers without correcting the institution’s “considerable faults,” which aren’t. Never mind that we haven’t actually seen much in the way of them being so “emboldened” other than the fact that they’ve found legitimate flaws in government legislation and insisted that it be either corrected or removed. You know, like they’re supposed to because that’s the whole raison d’etre of the institution. And Christy Clark? She simply asserts that the Senate doesn’t work now. Erm, except that it actually seems to be considering that they’ve catching flaws in government legislation and dealing with it. Seems to be working to me.

Part of the problem with the framing of the article as well is the fact that it is coming from this particular grievance-based claim that BC is underrepresented in the Senate because it only has six seats when Ontario and Quebec each have 24. The flaw in this argument is that it ignores the regional construction of the Senate – it is not designed for provincial representation, but rather regional blocks – Ontario, Quebec, the Maritimes, and the West, with the territories and Newfoundland and Labrador each being additional regions unto themselves. The reason why it was designed with regional rather than provincial equality in mind was to provide a counterbalance to the representation-by-population of the House of Commons, and if you look at the populations of each regional bloc (Newfoundland & Labrador and the territories excepted), they are roughly analogous. That’s not a bad thing, but BC is acting a though the Senate was designed in another way, which it was not.

The problem with pieces like this one is that the important facts and context are left out. We are left with a few tantalizing quotes that crank the hysteria up to eleven, but there is no actual civic literacy to counter any of it, whether that’s out of ignorance or by design I can’t say. But it’s not edifying. It’s cartoonish, and in fact promotes an ugly cynicism about our institutions that creates bigger problems of perception that are not based on fact, and that’s a problem.

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Roundup: Not a council of elders

As his retirement date fast approaches, outgoing Liberal Senator James Cowan is once again warning against Peter Harder’s plans to disband partisan caucuses in the Senate, fearing that trying to make it “council of elders” or advisory body will make it less effective as a body. He’s right, of course, but I would refine that a little more in saying that it would make the Senate less effective in holding the government to account, which is one of its key features, and in fact, one of the features that defines a Westminster-style parliament.

There are other ways in which effectiveness might be blunted in that any kinds of legislation, inquiries or studies that Senators might otherwise champion could be more easily diffused and go nowhere given that there would be little in the way or organizational capacity to have like-minded senators help move it forward. Having 101 loose fish is a poor way to run an effective body, and yet that is what some people think that an “independent” chamber means, rather than focusing on one that is less partisan and that far more easily works across party lines to get the work done that is being asked of them. And it totally wouldn’t have to do with a Government Leader – err, “government representative” would would rather have a body of independent senators that he can manipulate and manoeuvre as he and his political masters wish. Perish the thought.

This having all been said, we’ll miss Senator Cowan greatly. He’s been a credit to the institution and provided a great deal of leadership during a difficult few years for his caucus.

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Roundup: No, Monsef was not demoted

So, cabinet shuffle, and while everyone keeps saying this is somehow Trump-focused, I’m not sure what labour, status of women, or democratic institutions has to do with Trump. There will be all manner of hot takes, and yes, you’ll get mine too. It was striking in that just barely over a year into the new government, two of the most senior hands have not only been bounced from cabinet, but from parliament as a whole – John McCallum headed to China as our new ambassador, and Stéphane Dion to parts unknown in what is likely to be a diplomatic posting of some variety, but what we’re not quite sure just yet. In a government that has very few experienced hands, this is something that does give me some pause. MaryAnn Mihychuk’s ouster, however, was not a great surprise given the stuff that came out when she had a number of duties taken away from her portfolio, particularly around her attitude and her ambition to be a regional political minister in a cabinet that has largely eschewed them. Chrystia Freeland to foreign affairs is not a surprise (making her the first Liberal woman foreign affairs minister in the country’s history – previous ones had been Conservatives), Patty Hajdu to labour seems a natural next step for the job she has been doing, and François-Philippe Champagne to trade is ambitious but he proved himself as Bill Morneau’s parliamentary secretary over the past year. Another first in Cabinet is Ahmed Hussen to immigration, who is Somali-born (and while some have said he’s the first Black cabinet minister, that would actually be Lincoln Alexander).

And then there’s Maryam Monsef. She’s off to Status of Women, which people keep insisting is a demotion, but I have a hard time accepting that notion. She carried a file that is the equivalent of a flaming bag of excrement and smiled all the way through. Sure, she’s no longer the person to finish trying to smother that file as elegantly as possible (so good luck with that, Karina Gould), but a demotion would have been getting the Mihychuk treatment. Status of Women is not a demotion. People went on TV scratching their heads about what challenges are in that department, apparently having not paid attention to the big files in that department, including sorting pay equity, ensuring that all government departments actually implement gender-based analysis, and that tiny little file about the plan to combat gender-based violence. You know, no challenges at all. Plus, she’s gone from a make-work portfolio that didn’t have an actual department – just a handful of PCO staffers to support her – to an actual line-department. It’s not a demotion. And did I mention good luck to Gould because yeah, now she gets to try to stick handle trying to find a way to kill the electoral reform election promise as gracefully as possible (despite Kady O’Malley’s belief that the PM thinks that all hope is not yet lost). Because seriously – this is a file that needs to be put out of its misery before it can cause actual damage to our democratic system.

Meanwhile, if you want hot takes on the cabinet shuffle, there are plenty here from Michael Den Tandt on Freeland, Andrew Potter on Dion, Susan Delacourt susses out the dynamics, while Paul Wells adds both some global perspective and insight into what it says about Trudeau.

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Roundup: For fear of Mary Dawson

It was a day of juvenile finger-pointing as the big headline from the Globe and Mail was that the Ethics Commissioner said that she plans to speak to Justin Trudeau and Bill Blair about allegations that certain fundraisers may have breached conflict of interest laws, based entirely on innuendo from the Globe (which then gets repeated in Question Period, and that gets written up, and when the Globe adds another new piece of unproven innuendo the next morning, the cycle starts over again). Trudeau’s response? Bring it on – I’ve done nothing wrong.

So where are we? Because I’m not sure at this point. Do we insist that the PM and ministers no longer fundraise? Because that’s happening is that the party is capitalising on their “celebrity” for higher-level fundraisers, which is basic economics. They’re more in demand, so you send them to the higher-priced fundraisers. Should they be disallowed because someone would try to talk to them about their particular hobby-horses? As though they wouldn’t if they met them in the grocery store or on the street? Because I’m not sure that it’s actually lobbying activity, despite the label that has been slapped onto it by the bulk of the media and the opposition, looking to score some points on this. Does this mean that the whole of cabinet should be encased in these bubbles where nobody can talk to them? If the fear is that they get “exclusive” access, the government is quick to point out that they’ve accused of consulting too much and that there are plenty of other opportunities. If the worry is that it’s because they’re rich that they get access, again I’m not seeing the issue because you’re not buying influence for $1500. “Oh, you’re buying good feeling and they’ll think to pick up the phone and call you the next time something comes up” is the latest excuse I’ve heard, and I rolled my eyes so hard that it almost hurt. Honestly? Especially with the accusations that they’re buying the influence of “good feelings” donating to the Trudeau Foundation, which the PM severed his connections to and which provides scholarships? And if the charge is that because many of these rich business people are of Chinese descent, again, I’m not actually seeing any real issue here. They accuse one businessman of donating who had interests in canola that the Chinese government restricting and then Trudeau got it resolved. Conspiracy! Err, except that was the concern of every single gods damned canola farmer in this country so singling out one Chinese-Canadian starts to smack of veiled racist sentiment.

Once again, I’m waiting for someone to show me where there’s smoke, let alone fire. I mean, other than that sickening smell of people who’ve lit their own hair on fire over this. And I would be willing to bet that Mary Dawson is going to shrug and say “they haven’t broken any rules, but I want you to turn over more power to me” like she does all the time.

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Roundup: Items left undebated

With the Commons now having risen for the holidays, there is another day or two left of work left in the Senate before they too head off for their holidays, but as Kady O’Malley points out, they are having a bit of a problem getting any bills that aren’t supply-related passed in any reasonable timeframe. The extent to which this is an actual problem just yet is up in the air – yes, fewer bills have passed to date in this current parliament, but some of them have been pretty major issues (like assisted dying), while we’ve also seen far less use of procedural tools like time allocation to ram through bills without sufficient time for debate or committee study. (We’re also not seeing massive omnibus bills being rammed through either, so points for that).

Part of the problem is simply that senators are letting items stand on the Order Paper in their name for weeks at a time, which is not uncommon in the Senate, but there has been little effort to move some of these pieces forward, and I’m not entirely sure why. In my own estimation, part of it has to do with the new normal in the Senate, where there is no longer a government caucus, and the Government Leader – sorry, “government representative” thus far hasn’t really been communicating much urgency on any particular bills so far as I can tell. Maybe I’m wrong, as I’m not privy to any discussions that he is having with other caucus leaders. Some of it I would imagine is delay engineered by some Conservative senators because they feel that measures were adopted too quickly by the House of Commons without what they would consider to be adequate scrutiny (which I would imagine the ostensible reason on holding up debate on the trans rights bill would be), while some of it is partisan stubbornness (like the bill to undo changes the previous government made to unions or citizenship revocation). Senator Peter Harder could start to invoke time allocation on those bills if he so chose, and with there now being enough non-aligned senators having been appointed to surpass the votes of the Conservatives in the Chamber, he may now be in a position to convince them that this is the way to go.

Time allocation is a tricky beast in the Senate, however, and while the previous government did not hesitate to use it in the Senate when they felt they needed to, it is a blunt instrument and Senators need to be careful that they’re not putting themselves in a position of being treated like backbenchers in the Commons. Part of what needs to happen is clear lines of communication between the government and senators who want to speak to bills so that they have timelines in mind (and to be fair, some of them may have a lot on their plates right now). But there shouldn’t be an expectation that bills need to be sped through the Senate just because they’re government bills – they already get priority in all aspects of the Senate process, but if there is a sense of urgency, that needs to be communicated.

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Roundup: Lamenting the regional ministries

Agriculture minister Lawrence MacAulay told his local paper that he’s not too concerned that the minister in charge of the Atlantic Canada Opportunities Agency isn’t from the region, but that he’s a Central Canadian, but hey, he’s gotten results so it’s all good. And then people went insane because how dare the government not have a regional development minister from the region, ignoring that the policy of this government has been to eschew the tradition of regional ministers writ large, and that all regional development agencies all report to the same minister – the industry minister – rather than spreading it around to a number of ministers of state (and bloating the size of cabinet while you’re at it). And then from there comes the perennial outrage that we have regional representation at the cabinet level, which ignores that cabinet positions are not actually something that requires subject matter expertise, but that it’s a political position that is largely based on managerial competence, which is fine, particularly under a system of Responsible Government that the legislature can hold them to account for the performance of their duties. After all, they have the civil service to do the subject-matter expertise part for them, and it’s the job of ministers to make decisions that they can then be held to account for. But a few of the exchanges were at least worth noting.

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Most of those were all well and good, but this one from Candice Bergen caught my eye, because it actually highlights something that has largely been ignored.

While it may be a little overwrought, the point about centralizing power in the PMO is actually quite astute, and fits the pattern of centralization that Trudeau has been entirely underreported. Within the Liberal Party itself, Trudeau has convinced the party to abolish its regional powerbases and centralize it all within his own office under the guise of “modernization” and “being more responsive.” Once could very well argue that eliminating regional minister has a similar effect. That said, one could also argue that the purpose of regional minister was about pork-barrelling and doing the partisan work of securing votes from those very same regions for the government’s benefit, so their loss wouldn’t be too deeply felt in a move to make a system built to be more responsive to evidence than political consideration. Regardless, the propensity of this prime minister to consolidate power should not be underestimated, and this is something we should absolutely be keeping an eye on.

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Roundup: A warning or a betrayal?

Justin Trudeau made some comments to Le Devoir about the reduced sense of urgency around electoral reform, and a bunch of people – notably the NDP – freaked out. Trudeau said:

Under Stephen Harper, there were so many people unhappy with the government and their approach that people were saying, ‘It will take electoral reform to no longer have a government we don’t like’. But under the current system, they now have a government they’re more satisfied with and the motivation to change the electoral system is less compelling.

And then comes the parsing of the rhetoric – is he trying to walk back on his election promise that 2015 was the last election under first-past-the-post, or is he trying to give signals to the electoral reform committee as they begin to draft their report after their summer of consultations across the country? To the NDP (and Ed Broadbent of his eponymously named Institute), Trudeau’s comments are a betrayal because to them, he can only deliver proportional representation or bust. Their working premise is that Trudeau was saying that because the system elected Liberals it’s fine, but when it elected Conservatives, it was broken. But I’m not sure that’s what Trudeau was actually saying, because the prevailing popular discussion pre-election was that reform was needed because any system that delivered Conservative majorities was deemed illegitimate – one of those kinds of talking points that gives me hives because it presumes that electoral reform needs to be done for partisan reasons. And to that extent, Trudeau is right, that the sense of urgency has decreased because the Conservatives are no longer in power, so there’s less clamour for it to happen. There is also the theory that what Trudeau was signalling was that there are degrees of acceptable change, and that without as much broad support that smaller change like ranked ballots could be something he would push through (seeing as we all know that the committee is going to be deadlocked).

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Kady O’Malley, on the other hand, thinks that Trudeau is signalling to the NDP and Greens that they should be willing to compromise on PR during the committee deliberations, or he’ll deem it a stalemate and either walk away or put it to a referendum, where it would almost certainly be doomed. Rona Ambrose says that it could signal that Trudeau is backing down, which the Conservatives would like (and to be perfectly honest, I would too because the system is not broken and electoral reform is a solution in search of a problem). That he may have found the excuse to back down and admit this election promise is a failure – and then move on – would be the ideal move in my most humble opinion.

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QP: Everything is overwrought

Thursday before a long weekend, and not a single leader was present in the Commons for QP. Denis Lebel led off for the Conservatives and he lamented the imposition of a carbon tax on the costs on groceries. Jim Carr answer for the government, praising the ratification of the Paris Agreement. Lebel asked again in English, prompting Carr to chide Michelle Rempel for her attacks on those job creators for their support for carbon pricing. After another round of the same in French, Candice Bergen railed about how uncaring the government was about Canadians suffering under the carbon tax, for which Jean-Yves Duclos reminded her that they had programs to help poor Canadians. Bergen went on a second overwrought round, and a Marc Garneau noted that the minister of infrastructure was at this moment meeting with municipal leaders in Alberta regarding infrastructure commitments. Brigitte Sansoucy led off for the NDP, railing about the imposition of health transfers on the provinces, to which Jane Philpott reminded her that they were still discussing with provincial and territorial counterparts on priorities and funding. After a second of the same, Don Davies asked the same again in English, falsely calling changed escalators a cut, and Philpott reminded him that more money was not the answer, but priority investments were.

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QP: Carbon price or tax?

Rona Ambrose was still away, which left Denis Lebel to lead off again, where he wanted assurances that carbon pricing would not cost consumers more for the things they need. Justin Trudeau gave some of his usual assurances about economic growth while protecting the environment, but added that the pricing was revenue neutral for the federal government, so it was up to the provinces to determine how to reimburse their citizens. Lebel asked again in English, got the same answer — with a Trudeau slip in calling the price a “tax” which the Conservative benches were in uproar about, and then Lebel asked a third time, again in French, to get the same reply with some added chiding. Pierre Poilievre was up next with sob stories of people who can’t pay their power bills and get groceries (with some additional digs at the Ontario government), and Trudeau hit back at the way that the Conservatives were happy to give tax breaks and childcare cheques to millionaires, and then they went another round of the same. Thomas Mulcair was up next for the NDP, brandishing the name “Stephen Harper” as though it were a talisman with regards to emissions targets. Trudeau batted back the concerns, saying the NDP like to talk targets without any plans to achieve them. Mulcair wanted to know that they were working with Indigenous communities about GHG reductions, and Trudeau assured him that they were. Mulcair then raised “Stephen Harper’s cuts” to healthcare transfers, disingenuously calling a changed escalator a cut, to which Trudeau assured him that they were working with provinces to respond to the needs of Canadians, and they went another round of the same in French.

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QP: Taking the provinces’ phone calls

While Justin Trudeau was not only present, having already participated in the debate of the day (a rarity for any PM these days), his leaders opposite were not. Rona Ambrose was off to the UK Conservative caucus in Birmingham, while Thomas Mulcair was elsewhere. Denis Lebel led off for the Conservatives, demanding a signed softwood lumber agreement before it was too late. Trudeau responded by reminding him that the previous government neglected the file while his government has been hard at work in negotiations. Lebel moved onto the healthcare transfers file, demanding the government respect provincial jurisdiction, but Trudeau shook it off, ensuring that they were working together. Lebel insisted that there was peace with the provinces when the Conservatives were in charge and why wouldn’t the federal government just let them be rather than meddle? Trudeau insisted that the provinces were much happier now that the federal government answered their phone calls. Ed Fast got up next to decry the “carbon tax grab” being shoved “down the throats” of Canadians. Trudeau hit back that the previous government ignored the file and made no progress, while his government was. Fast tried again, decrying it as an intrusion on provincial jurisdiction, but Trudeau reminded him that they were indeed respecting said jurisdiction. Robert Aubin led off for the NDP, lamenting the “Harper targets” for GHGs, and Trudeau noted that they had just tabled their plan, and soon all Canadians — not just 80 percent — would be in a carbon priced jurisdiction. Aubin went again another round, got the same answer, and Linda Duncan took over in English, decrying that the announced starting carbon price was too low to be effective. Trudeau noted they were simultaneously developing a strong economy while being environmentally sustainable. Duncan worried the government was abandoning the clean energy future, but Trudeau reiterated his answer a little more forcefully.

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