Roundup: Debating useless rule changes

Yesterday was “debate the House rules” day in the Commons, and lo, there was some talk about eliminating Friday sittings again, which the opposition parties tend to be against, but fear the government will try to ram through anyway. And yes, we all know that Fridays are not like any other day, particularly because MPs need to get back to their ridings, but there are still debate hours that happen, and eliminating them means either making up for them elsewhere, or losing them altogether, after we’ve lost plenty of debate hours in the past number of years, all to be more “family friendly” with spring breaks and so on. Kady O’Malley followed the debate (I would have more if I didn’t have other deadlines to file), and some of the best and worst are below.

Eliminating whip/House leader-provided speaking lists absolutely needs to happen. It removes agency from MPs and is part of what has debased QP into this scripted farce and turned debate on legislation into nothing of the sort. If you take away the lists – and then ban the scripts – it will help to make the debate free-flowing once again rather than just exercises in reading speeches into the void.

Oh, the irony. The bitter, bitter irony.

I am dubious, as we would have people tabling all manner of nonsense to “prove” whatever they were saying in QP, almost all of it irrelevant. (Also, look up the story about the tabled hamburger from the Alberta legislature that they ended up preserving).

No. We do not need to privilege private members’ business any more than we already do. Most of it is out of hand, with useless and costly Criminal Code piecemeal amendments, more national strategies than you can shake a proverbial stick at, and even more bills to declare national days for every issue under the sun. The proliferation of PMBs is already out of hand, we don’t need to make it that much worse.

So…turning the summer break from three months to four? No. But do feel free to sit more days in January regardless.

Not unless we start insisting that supply days start being about actually debating supply once again.

Because Parliament is just a debating chamber for hobbyhorses? Because there isn’t actual work that needs to get done?

Not unless parties start agreeing that second reading debates be severely curtailed, and that debate on government bills can collapse relatively quickly. But seriously, committee work already happens while debates are going on in the Chamber so I don’t see the point of this. At all.

Amen.

Seriously. I can’t believe that this actually needs to be pointed out.

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Roundup: Say no to a Charter Rights Officer

The Canadian Civil Liberties Association is leading a push for the creation of an independent Charter Rights Officer for Parliament, and that sound you hear is my head hitting my desk over and over again. Because no. We don’t need yet another officer of parliament. We really, really don’t.

What we need is for MPs – particularly the opposition – to stand up and actually do their jobs, rather than fobbing off their homework onto yet another officer, who is accountable to nobody, whose reports they can then wield like some kind of a cudgel while not actually fulfilling their own responsibilities as parliamentarians (which, I will remind you once again, is to hold the government to account). The proliferation of officers of parliament has so diminished the capacity of the opposition to do their gods damned jobs in this country that it’s embarrassing, and since the inception of the Parliamentary Budget Office, it’s only become so much more egregious because now they can ignore the Estimates cycle entirely (despite controlling the public purse being the inherent definition of what MPs are supposed to do, and how they hold governments to account).

Oh, but it’s hard! Oh, but why not cede this to subject matter experts like lawyers and judges? Oh, why don’t we just start pre-referring all bills to the Supreme Court of Canada while we’re at it and turn the dialogue between the Court and Parliament into a game of “Mother May I?” Honestly, would it kill MPs to actually debate policy, which Charter compliance is a big part of? Parliament has responsibilities to fulfil. Why don’t we actually make them do their jobs rather than finding yet another excuse for them to avoid doing it?

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Roundup: Precious conformity

Conservative MP Garnett Genuis penned an analysis piece for Policy Options that tried to explain why MPs vote in lockstep, and it’s just so precious you can barely stand it. Genuis dismisses the talk of heavy-handed PMO and whips offices, and after some lengthy discussion, concludes that it’s the human nature of conformity that’s at play. His mode of analysis was the voting record on C-14, the highly contentious medical assistance in dying bill.

It’s not that Genuis doesn’t have some good – if somewhat infuriating points – in the piece, talking about how MPs are so busy with their constituency work that they just don’t have the time to sit down and study the legislation that they were elected to be considering. That one nearly made me blow a gasket, considering that constituency work isn’t actually part of an MP’s job description and its growing importance has come at the expense of their actual jobs of holding government to account. That Genuis uses it as an excuse for having MPs let the “experts” in their leaders’ offices tell them how to vote is utterly galling. I can see why they would use this excuse, but that doesn’t mean that it’s a good one or one that we should let them get away with (but then again, almost nobody knows what an MP’s actual job description is, least of all the MPs themselves, and yes, that is a Very Big Problem. His better points, however, included that sometimes it’s good for local nominations to see that an MP will be willing to break ranks from time to time, but it’s a mixed bag when they also need to be seen to have a united front with the party. It is a tension that he doesn’t delve deeply enough into.

But so much of his thinking is flawed, in part because he relies on the data of votes on a single contentious bill rather than a broader sample, which would produce a more thoughtful discussion, and also because he ignores the other incentives for why MPs will vote in lock-step. For some parties, like the NDP, the need for solidarity in all things means a much more conformist voting pattern in all things, and there is an internal culture of bullying to keep MPs in line so as not to be unseemly with dissent. With government backbenchers, there is the hope that toeing the line enough will earn you a post in cabinet or as a parliamentary secretary, because the ratio of cabinet-to-backbench seats is still too low in Canada to encourage a culture of more independent backbenchers in safer seats willing to do their job of holding government to account. There is also the pressure – which We The Media shamefully perpetuate – that you don’t want to be seen as breaking ranks lest it reflect poorly on the leader (though this seems to be a bit less so under Trudeau who has been vocal about encouraging more free votes). There is no discussion about the blackmail of a leader that can withhold their signature from an MP’s nomination papers during the next election (or whatever the mechanism is post-Reform Act, because there is no actual clarity in law there any longer). So yes, while there is a human tendency to conformity, it is informed by a whole lot of other factors that Genuis ignores, and that taints his analysis to a pretty fatal degree.

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Roundup: No, the LG can’t threaten the premier

Sometimes you see a terrible column, and sometimes there’s such a piece of hot garbage that you need to don a hazmat suit just to approach it and get hosed off afterward like you just came out of a leaking nuclear reactor. The Toronto Sun’s Christina Blizzard delivered one of those yesterday.

That’s right – this columnist thinks that the lieutenant governor should threaten Kathleen Wynne to shape up or she’ll dismiss her, because 167 years of Responsible Government was just a failed experiment. One lesbian first minister in this province and we’ve decided that it was too much – time to hand power back to the queen and be done with it.

You see! Voters can’t be trusted! Obviously we’d be better off under absolute monarchy again because they won’t let such terrible governments to let themselves get elected and then implement the agendas that they were elected on. It’s like the fanboys in the First Order who remember the good old days of the Galactic Empire and preferred it to the messy democracy of the New Republic.

It’s called confidence. Whichever leader in the legislature or Parliament that can command the confidence of the chamber gets to advise the LG/GG/queen on how to exercise the powers of state. Not a difficult concept.

It is utterly galling that a columnist can be so utterly ignorant of basic civics that this is the kind of utter bilge that they spew onto newsprint. We do have a problem with basic civic literacy in this country, and when you have columnists like this spreading complete nonsense out of some sense of partisanship, it gives a warped impression to people who read this and makes them believe that it’s actually normal and expected that the GG or the LG can boss around a government that you don’t like. No. Absolutely not.

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So let me reiterate that Blizzard’s column is utter hot garbage. If the Sun had any shame, they’d pull it and apologise profusely for putting it out there, and Blizzard would be sent to a remedial civics course, but I doubt that’s going to happen because she’s just passionate about how bad Wynne is, or some bullshit excuse like that. So in the meantime, I’ll just leave this here:

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Roundup: Sound the independent thought alarm

Every time I read these headlines, I sigh and shake my head a little, because here we go again. “Indigenous Liberal MP breaks ranks with government on BC’s Site C Dam” it reads. The MP is Robert-Falcon Ouellette, and by “breaking ranks,” he has questions for the Minister of Fisheries and Oceans – who grants approvals for these kinds of things – and he plans to ask him in caucus next week. Oooh, someone had better sound the independent thought alarm!

It seems that most of my fellow journalists have forgotten that it’s the job of backbenchers – even those of the governing party – to hold the government (meaning cabinet) to account. They’re supposed to ask questions and to not just give them a pass. Ouellette is doing his job. But by sensationalizing it (which this headline clearly does), and portraying it as “breaking ranks” (which he’s not – there have been no votes that he’s gone off-side with) is both demeaning to his job, and it reinforces the notion that MPs are supposed to be drones parroting the lines of their leaders, which is absurd. Not only that, but We The Media nevertheless insist that MPs are supposed to do their jobs and represent their constituents and address issues and not just parrot talking points, and yet we call them out the moment that they do just that. Why? Seriously – why are we doing this? We’re actively being destructive to our democratic system when we pull this kind of nonsense. There are far better and more effective ways that this story could have been framed that don’t privilege party discipline (which again, not actually being broken here) and this notion that MPs must be in lockstep. It shouldn’t be that difficult to do. And yet here we are.

Honestly, we need to do better if we expect better democratic outcomes in this country. We are part of the problem, and we should stop being just that.

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Roundup: Stop demanding deployment votes

While Harjit Sajjan is off in London at a meeting of defence ministers, his critics are back in Ottawa grousing about the shift of focus from peacemaking to peacekeeping – never mind that Sajjan has already said that any upcoming mission is unlikely to be “peacekeeping” in the traditional sense as opposed to what he’s terming “peace operations.” That aside, the other emerging bit of drama is the fact that Sajjan is indicating that the government is unlikely to put such a deployment to a vote in the House of Commons – which is of course the way that things should work, but the Conservatives under Stephen Harper started saying they were going to hold votes starting with the Afghanistan mission extension under the guise of being “more democratic” when their whole point was to publicly divide the Liberals, and hey, that happened. (Remember when Harper crossed the floor to shake Michael Ignatieff’s hand after that vote? Because that wasn’t about trying to put a skewer in the brewing leadership contest, no sir). But beyond the reasons why the practice started, it’s antithetical to the whole point of parliament, which is to hold the government to account. When you put decisions like this to a vote – even if it’s non-binding and worded as “supporting a decision,” it gives the illusion that you’re giving parliament a role in the decision, when that’s not their job. When they are implicated in the decision making, they are not able to effectively hold the government to account because they can turn around and say “the House voted on this,” and shrug it off – and yes, the Conservatives did this on a number of occasions as well. So yes, have debates. Have committees scrutinize the missions as they happen, but don’t insist on votes, even if it’s for symbolic reasons, because that poisons the well.

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On a related note, at the meeting of defence ministers, some of the shortages facing peacekeeping operations in Africa were noted, and one of them is the need for more female peacekeepers on the ground.

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Roundup: Case management conundrum

MPs complaining about the changes to the way that immigration files are handled returns to an old bugaboo of mine, and as it seems, Aaron Wherry’s as well. In other words, MPs shouldn’t be doing immigration casework, because it’s not what they’re there to do.

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What I will add to this is that MPs’ jobs are not just as legislators, but rather, their primary function in a Westminster system is to hold the government to account – something that most MPs spend very little time doing these days. And the civil service has a lot to blame for this, don’t get me wrong, and everything I’ve heard has indicated that they are just as culpable by not even looking at some files until the MP’s office brings it up to them in cases, and that’s unacceptable. But we shouldn’t be making this situation worse by reinforcing the broken system that has MPs playing this role, because that’s a losing proposition. There needs to be political will to fix those problems, and if MPs would rather spend that will to reinforce the broken system (because they think it will win them local votes), then the cycle perpetuates. Enough has to be enough. Let’s draw the line.

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Roundup: The wrong way to rein in the Senate

Sometimes you read clueless columns, and sometimes the columns are so utterly clueless that you have to wonder how they ever got past an editor in the first place. The Globe and Mail featured one such yesterday morning from Campbell Clark, who asserted that it’s now Justin Trudeau’s fault that Mike Duffy is claiming expenses because cabinet ultimately has control over expenditures.

I. Can’t. Even.

The complete and rank civic illiteracy coming from a columnist in a national newspaper is galling, and looks a hell of a lot like he’s just making stuff up as he goes along. And no, I’m not chalking this up to a mid-August phoned-in column, because this isn’t the first time that he’s made this suggestion before, and it needs to stop. And it’s such an elementary part of civic literacy that Clark is apparently unable to grasp, which is that it’s the job of the legislature to hold the executive in check and not the other way around. In fact, it’s the job of the House of Commons to grant supply to the government for its operation and not the other way around. The Senate most especially exists to serve as a check on an executive that has a majority in the House of Commons. Neither the House of Commons nor the Senate are a government department – they don’t report to the Cabinet, nor does Cabinet control their expenditures because fundamentally they have institutional independence. Can you just imagine what would happen if Cabinet did control their purse strings? It would be nothing but a constant string of threats to cut of MPs’ or senators’ salaries or office budgets if they didn’t fall into line. That’s not how the system works, and Clark’s suggestion makes as much sense as giving cabinet the authority to go after judges’ salaries if they strike down that government’s laws. Add to that, Clark’s suggestion that the government should start clamping down on how much Senators can spend is so ludicrously boneheaded that it boggles the mind. You see, if MPs go after senators’ expenses, then senators will turn around and go after MPs’ expenses, and veto any budget until their independence is no longer being threatened. And why? For cheap optics? The Senate has a job to do, and democracy costs money. If Clark thinks that things work differently under our constitutional arrangement, then he is sadly mistaken, and he needs a remedial course in basic civics post haste because what he’s written is wholly and completely irresponsible. So no, it’s not Justin Trudeau’s government’s problem that Mike Duffy is claiming housing allowances, it’s Duffy’s problem (as we established yesterday). For anyone to claim otherwise doesn’t know or understand how our system operates.

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Roundup: Corrosive myths about mandates

It’s official – Theresa May is now the Prime Minister of the United Kingdom thanks to being selected by her party caucus, and thanks to her rival dropping out (after a spectacular media implosion) and she was left with no rival to take to the party membership. (See her first speech here). But that has already started the general nonsense about her being “unelected” or not having a “mandate,” all of which is complete and utter nonsense, as though anyone making those claims doesn’t understand how the Westminster system works – and yes, I’m looking at you, CBC, who used the term in your reporting on her being appointed by the Queen yesterday to the job.

One of the most incomprehensible piece on the subject so far was published in the Guardian, written by Tim Farron, leader of the Liberal Democrats, who seems to be utterly mystified with the way that governments are formed in our shared system of government, or the fact that we don’t elect prime ministers. (He also advocated a bunch of proportional representation nonsense, which didn’t help his arguments any either). Now, while it’s likely that the whole piece was simply his attempt at trolling for the government to call a general election (somehow bypassing the Fixed Term Parliaments Act as though it were no big deal), hoping to reverse their devastating losses from the previous election while running on a pro-Remain ticket, it’s nevertheless shocking just how civically illiterate the leader of a major political party is in print.

There was a great rebuttal to Farron’s nonsense by Robert Hazell, which offers some clarity on the way that Westminster parliaments work, but he makes the very salient point that all of this talk about needing a democratic mandate “has a corrosive effect on public understanding of our parliamentary system, and on legitimacy and trust in government.” And he’s absolutely right, which is why I am especially outraged that media outlets like the CBC are repeating this bilge rather than reporting on our shared system of government as it exists and how it’s supposed to work. Civic literacy should not be a high bar to clear when it comes to reporting on politics, and yet here we are.

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Roundup: Amendments are not some power grab

After hours of debate, the Senate passed the first amendment to the assisted dying legislation to remove the definition “reasonably foreseeable death” and replace it with the language from the Supreme Court’s decision in Carter, and immediately the pundit class erupted in cries of horror and outrage that how dare an unelected body dare to touch the precious words of the elected House of Commons, and that this newly emboldened Senate was dangerously overstepping its bounds going forward.

Oh. Please.

It’s like any hint of context went out the window when it comes to this particular bill, and the fact that you have a Supreme Court of Canada decision that it’s supposed to be in answer to (not that parliament needed to draft a law, mind you). There are serious concerns about the constitutionality of this bill. MPs in the Commons believed it, you have a lower court judge in Alberta that believed so when crafting a judgment around an assisted death request and how the state of this legislation wouldn’t conform to the Supreme Court decision, and now Senators are doing their constitutional duty of weighing the constitutionality of a piece of legislation, and quite rightly, they find it wanting. This is why the Senate exists, and what the “sober” part of “sober second thought” means – that freed from the constraints of having to worry about what voters will think, they can take a more clear-headed look at these controversial bills. And if you get hung up on the “unelected” part, apparently the policy and legislative roles taken not only by the Supreme Court or the various administrative tribunals that exist in this country also should keep you awake at night. (Also, their democratic legitimacy comes from being appointed by a government who has the confidence of the chamber, but you know, it’s not like Responsible Government is anything other than a minor detail).

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So what happens next? Once the remainder of the amendments are decided upon one way or the other, the report gets sent back to the Commons, which they will then debate and amend at their pleasure – you know, like democratically elected legislators are supposed to do. The Justice Minister doesn’t sound keen on these amendments “without more safeguards,” but I also take this with a grain of salt because I do believe the government is setting up this narrative of reluctance so that they can show that they have been “forced” to accept what the Supreme Court has laid out by a Senate that could veto the bill if they find it unconstitutional. Because remember, MPs who have electoral considerations don’t like to be seen to take bold steps with difficult decisions when it’s easier to hide behind another body who can take the blame for them. And it’s not like MPs aren’t used to giving abdicating all manner of their roles to other unelected bodies (the courts, Officers of Parliament, and the Senate), this just being one more in a long line of examples. It’s one more reason why I find this concern trolling by the pundit class all the more difficult to swallow. If MPs were actually serious about their jobs, then it wouldn’t be incumbent upon the Senate to be the grown-ups of parliament, and yet here we are.

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