In a bid to win over the public service vote in the Ottawa region, the NDP have pledged a “code of conduct” for ministers and their staff, as well as an end to cuts to the public service, a Public Appointments Commission to end patronage appointments, a restoration of collective bargaining rights, and putting an end to contract staff. Oh, and an end to muzzling “scientists and other public service employees.” And that sends off my alarm bells because it’s a massive reorientation of the role of the public service. While the NDP thinks that they’re trying to remove the politicization around the public service that has been developing, empowering public servants to speak against the governments that they are supposed to serve is mind-boggling. The issue of just what we’re muzzling in terms of scientists was thoroughly hashed out a few months ago when Andrew Leach went against the countervailing wisdom and challenged the “white coat” privilege that these kinds of pronouncements assume, that it’s all a bunch of benevolent climate scientists who can’t speak about their work. What it ignores is that there are other kinds of scientists – like economists in the Department of Finance – for whom this is not even a consideration. Just because it’s politically convenient to think that we want these white coats to denounce the government’s environmental policies, does that mean it should be okay for government economists to denounce fiscal policy? Or government lawyers to denounce the government’s justice policies? (It’s also why their candidate, Emilie Taman was denied a leave to run – the Public Prosecution Service was created to remove the perception of political bias from Crown prosecutions, and having one of your prosecutors running for office defeats that purpose). Public Servants serve the Queen and carry out their duties in a neutral fashion. Making it easier for them to start denouncing the government is a mystifying promise. Also, the promise to bar temps is short-sighted and makes it harder for young people to get civil service jobs. Those temp jobs are often the best way to get one’s foot in the door in the public service and get some experience that can translate into a job, considering how byzantine and nigh-impossible the outside competition process is if one wasn’t lucky enough to get bridged in through a school programme. Conversely, getting new staff in a timely manner or for a specific project is also a ridiculous process for managers. Banning temps makes no actual sense.
Tag Archives: Citizenship
Roundup: Niqab politics taking over
The politics of the niqab have slowly starting taking up a lot of oxygen on the election campaign, on a number of fronts. While people over the Twitter Machine tried to skew Harper’s “old stock Canadians” remark as some kind of racist or dog whistle politics (I’m not sure that interpretation makes sense given the context of what he was saying), the government has decided to crank their petulance around the attempted niqab ban up to eleven by declaring that they will ask the courts for a stay of the Federal Court of Appeal ruling on the niqab-at-citizenship-ceremonies case, essentially to deny the woman in question the right to vote. It’s going to be tough for them to convince the courts that there is some imminent danger if they allow her to take the oath before October 19th, much less convince the Supreme Court of Canada to hear the case (and they almost certainly won’t, seeing as this is a fairly open-and-shut case of administrative law, where the minister overreached is authority to implement the ban). But while this pettiness digs in, the panic over the niqab has already begun to spread, with the Bloc launching an attack ad to warn that the NDP will mean pipelines and niqabs in Quebec, while an NDP candidate has stated that while Thomas Mulcair reopens the constitution to try and abolish the Senate (never going to happen), that he deal with the menace of niqabs at the same time. No, seriously. He added that he’s sure the party supports him on that, and as of posting time, the party has not repudiated the statement (much as they did not really repudiate it when Alexandre Boulerice made similar statements about banning niqabs earlier). Justin Trudeau, for his part, said he wouldn’t try to appeal the ban to the Supreme Court. So there’s that. Meanwhile, Tabatha Southey takes on the government’s attempted niqab ban, with her usual acid wit.
Roundup: The dream of tax simplification
With the big economic debate coming up tomorrow, it’s with no small bit of amusement that noted economist Jack Mintz dropped a bomb in the middle of the election, and blowing open the pledges of most of the parties. In particular, Mintz says that the corporate tax rate should be lowered so as to keep those companies from shifting the burden in the form or lower wages or higher prices; raising the small business tax rate because it’s largely used by the wealthy to pay lower taxes; and eliminate a suite of investment tax credits to make the whole system simpler and fairer. In other words, doing pretty much the opposite of what the NDP has promised, and to a degree what the Conservatives have promised with their small business tax rate promises and more boutique tax credits than anyone knows what to do with. In fact, you’d be hard pressed to find an economist who thinks that boutique tax credits are a good idea – particularly as Harper promised yet another bunch, this time for single and widowed seniors, and as Kevin Milligan explained, it’s pretty useless considering that a) it’s non-refundable and a lot of those seniors already don’t pay taxes, and b) we have a number of other income supports for seniors. (Also, I think this means that Harper is officially trolling singletons and childless couples, who are now the great pariahs of tax credits). The consensus would be that it’s better to eliminate the boutique tax credits and simply lower the overall tax rate – but how would parties be seen as rewarding “deserving” Canadians of those tax credits. (Again, it would seem that singletons and childless couples are not deserving.) Harper claimed that his boutique tax credits haven’t made tax forms too complicated. That sound you hear is every accountant in the country laughing, because it’s simply not true. We need major tax reform in this country, overhauling the system from top to bottom. (Same with the Criminal Code, incidentally). Too bad nobody is going to campaign on that.
https://twitter.com/kevinmilligan/status/643841869735006208
https://twitter.com/kevinmilligan/status/643842726228680704
Roundup: Constitutionally untenable declarations
One of those tangential sub-plots in the whole ClusterDuff affair reared its head in the testimony of Ben Perrin yesterday, which is the issue of the test of residency for a senator. Given that the issue had blown up during Perrin’s time in PMO, thanks to Stephen Harper’s panic appointments in 2008 where he named senators to provinces where those individuals did not currently reside but rather had originated from, they found themselves in trouble when a certain Senator Duffy was found to have been treating his long-time Ottawa home as a secondary residence that he could claim per diems with while his summer cottage in PEI was being treated as a primary residence, never mind that he rarely spent any time there, none of it in the winter. Perrin’s advice was to come up with several indicators, but that ultimately it would be up to the Senate to come up with those indicators for themselves. Stephen Harper disagreed, and said that as far as he was concerned, they were resident if they owned $4000 in real property in said province – a position Perrin found to be constitutionally and legally untenable. But the constitutionally untenable has become Harper’s stock in trade, particularly where the Senate is concerned, first with his unconstitutional reform bills, to his present policy of not making any appointments in defiance of his constitutional obligation to do so. (And no, Thomas Mulcair is no better with is own promise not to appoint any senators either). And we also know from the Duffy documents that Harper blocked an attempt by the Senate to strike a committee that would deal with the residency issue once and for all – because Harper wanted to protect those improper appointments he made. The rather sad thing is that if hadn’t made those appointments in haste, he could have ensured that they had their ducks in a row before they got appointed, to show that they had enough proof of residency to pass a smell test. He didn’t, constitution be damned – or at least be subverted on bogus “plain reading” arguments that don’t hold water the moment you think critically about them. And yet We The Media aren’t driving this point home to the voters, that the constitution does and should matter. (Aaron Wherry delves more into the residency issue here).
Roundup: Out goes an oddly pivotal figure
In a sense, there’s a closing of a particular chapter of Canadian politics with the announcement yesterday that Peter MacKay was done with politics, and would not be running again. He’ll stay on until the election, and Harper has opted to keep him in the justice portfolio for the dying days of the 41st parliament, but MacKay has made his mind up, and is going to slowly start packing up his office. In many ways, MacKay is a central figure to the modern era of Canadian politics. His decision to begin the process of merging with the Canadian Alliance – betraying an explicit written promise not to, made to secure the leadership of the old Progressive Conservative party – formed the juggernaut by which Stephen Harper was able to form the government that is entering its tenth year in power. While many are saying that this departure marks the end of the “progressive” side of the Conservative party, it bears reminding that MacKay was not a terribly Red Tory, and that there are far more progressive voices in the caucus and cabinet than he was. Where it may have an impact is with the continued attempt by the old Reform Party wing to amend the constitution of the party to sweep away the vestiges of the old PC wing, particularly predominant in the Maritimes and parts of Ontario, and with MacKay no longer there to use his weight among the membership, that final transformation may take place in a year or two. MacKay is also being remembered not only for his political controversies, but also for his romantic misadventures, now behind him as he leaves to spend more time with his family. John Geddes looks back at MacKay’s career, while Paul Wells writes about MacKay’s role in the political merger that changed Canadian politics, and Hugh Segal writes about MacKay’s importance to Canadian politics. Not long after John Baird’s departure, MacKay was spotted meeting with Brian Mulroney in Toronto, which fuelled resignation rumours, which he denied at the time. The Halifax Chronicle Herald’s editorial cartoonist Bruce MacKinnon recalls some of his best work with MacKay’s caricatures, and Global has some archived footage of MacKay’s break-up with Belinda Stronach when she crossed the floor to the Liberals. And BuzzFeed Canada has a listicle about MacKay’s career.
Roundup: Closure and privilege
It was wholly depressing the way in which the whole matter was rushed through. After the imposition of closure – not time allocation but actual closure – the government rammed through their motion to put all Hill security under the auspices of the RCMP without any safeguards to protect parliamentary privilege. After all, the RCMP reports to the government, and Parliament is there to hold government to account and therefore has privileges to protect that – the ability to have their own security being a part of that. Liberal MP Mauril Bélanger tried to amend the government’s motion to make it explicit that the Speakers of both chambers were the ultimate authorities, and the government said good idea – and then voted against it. And so it got pushed through, privilege be damned, with minimal debate and no committee study or expert testimony. The Senate, however, is putting up more of a fight, and the Liberals in that chamber have raised the privilege issue, and the Speaker there thinks there is merit to their concerns, and has suspended debate until he can rule on it. And this Speaker, incidentally, is far more aware of the issues of privilege and the role of Parliament and the Senate than his Commons counterpart seems to be, and he could very well rule the proposal out of order. One hopes so, and once again it seems that our hopes rest on the Senate doing its job, because the Commons isn’t doing theirs.
I don't know about you all, but I'm actually not willing to predict how Senator Nolin will rule. Senate speakers are tricky.
— kady o'malley (@kady) February 17, 2015
Roundup: Clarity for First Nations titles
The Supreme Court has given a unanimous ruling granting a title claim to the Tsilhqot’in First Nation in BC, over a large area of land in the south central part of the province, ending a 25-year court battle over forestry claims and a 150-year dispute between that First Nation and the Crown. Because most of BC’s First Nations don’t have treaties yet with the government, this ruling impacts them in particular, and will make sure that the government has a greater role to play in fulfilling its consultative duties to First Nations as more resource and pipeline projects come up. The ruling also declares that provincial governments have regulatory authority over land obtained by First Nations people through court cases or land claim negotiations. While the ruling has been said to give clarity to negotiations, it also raises the possibility that some First Nations will abandon their negotiations with the government in favour of turning to the courts to establish title or land claims, which should be a red flag seeing as treaty negotiation is a Crown prerogative, and we should be careful about delegating it to the courts. Terry Glavin gives the backstory to the whole dispute dating back to 1864 here.
Roundup: A doomed and dangerous challenge
Toronto lawyer Rocco Galati, of the Nadon case fame, is going ahead with his challenge of the government’s citizenship bill, but it’s a nightmare of a challenge because it’s based on a completely wrong-headed understanding of the way our system of responsible government works. Galati names the Governor General in the suit, saying that signing the bill into law went beyond his constitutional mandate. The problem is, of course, is that ours is not a system where the GG can refuse royal assent unless it’s a measure that is so egregious that he or she is willing to risk a constitutional crisis. Responsible Government is all about the Crown acting on the advice of government, and by granting royal assent, it does several things: it grants authority to the new law in the name of the Sovereign; it represents the people agreeing to live under the rule of law; and the Queen as the embodiment of the state, emphasises that we all live equally under the law. Galati argues that provisions of the bill are unconstitutional, but remember that it is still within the authority of the courts to strike down a law – that come under the powers of the Crown as the font of justice, whereas royal assent is a function of the Crown-in-Parliament. Galati seems eager to mix the two and would have the GG get legal opinions before any bill is signed into law – a complete distortion of our system of government and the separation of powers that exists between the Courts and Parliament. That Galati had tried to get the courts to block royal assent before it even happened is a further sign that he not only doesn’t understand the system, but is wilfully trying to undermine it regardless of the dangers or consequences of such moves. Only madness lies down the path Galati is trying to tread, but because he has no legal merit for the ruling, it won’t get very far, fortunately.
QP: Still making a decision
It was a rainy day in Ottawa, with the Ontario election going on, and the faint thumping sounds of the music being played at the nearby Franco-Ontarian Festival was heard through the walls on the Hill. Stephen Harper and Thomas Mulcair were present, while Justin Trudeau was off in New Brunswick to glad-hand with voters. Mulcair led off by pointing out that the expert review panel didn’t recommend the F-35s (indeed, they didn’t make any recommendations as it wasn’t their role), and would they hold an open competition. Harper stood up to say that they were still making a decision. Mulcair pressed and wanted the report made public, to which Harper reiterated that they were evaluating the report. Mulcair changed topics and asked point blank how many Syrian refugees were accepted into Canada, citing how Chris Alexander hung up on a CBC Radio interview yesterday. Harper responded that the number was over a thousand, before he slammed Mulcair and the NDP for their problematic spending. Mulcair kept at it, pointing out how many refugees other countries had taken in, but Harper reminded him that most of those displaced Syrians were temporarily displaced, and that they weren’t intended to be settled elsewhere permanently. Joyce Murray, leading for the Liberals, asked that the government turn down the Northern Gateway pipeline, to which Greg Rickford told her that they were still making a decision. Marc Garneau was up next and returned to the issue of the fighter jet replacement, and accused the government of being reckless with public money. Diane Finley assured him that the expert panel gave rigorous and impartial advice, which she thanked them for. Garneau demanded a fair, and open competition, to which Finley reiterated that they launched their Seven-Point Plan™.
QP: Hudak math and Kijiji data
For the first time of the week, all three leaders were in the Chamber, possibly for one of the last times before the Commons rises. Thomas Mulcair led off by asking about cuts to job market research, wondering how it could be justified. Stephen Harper responded by insisted that it wasn’t correct and more resources had been diverted into the area, and by the way, we created one million net new jobs. Mulcair retorted with a crack about Hudak math, and looking for information on Kijiji, to which Harper noted that the information came from Statistics Canada. When Mulcair demanded that the hiring tax credit for small businesses be extended, Harper reminded them that they voted against that time-limited measure in the first place. Mulcair changed topics and moved to the fighter jet procurement, and if other companies could put in bids. Harper assured him that the report had not yet been considered by cabinet, but they would soon. Justin Trudeau was up for the Liberals, and noted that the previous chief of defence staff noted that the F-35 was not the only suitable plane for Canada, and whether the process was going to be open and transparent. Harper repeated that cabinet had not yet considered the report. Trudeau moved onto the Northern Gateway Pipeline and the widespread opposition to it. Harper responded that the government was in the process of reviewing the report of the National Energy Board, and they would be coming to a decision soon.