Roundup: Cullen’s silver-tongued swindle

It should not surprise me, but Nathan Cullen’s capacity for deceptive stunts continues to both amaze and gall me at the same time. Previously it was conning Maryam Monsef into his “proportional” electoral reform committee composition (which was not proportional, but a racket that was designed to merely look more “fair” but was in fact a calculated gambit to give the opposition a disproportionate say in the process), for which we got a report that was a steaming pile of hot garbage. With Karina Gould now in the portfolio again, Cullen now proposes that they “co-draft” an electoral reform bill.

No, seriously.

I cannot stress how bad of an idea this is for both of their sakes. For Gould, this is Cullen trying to swindle her like he did Monsef. He played her – and the public – in trying to push proportional representation and ended up recommending (along with Elizabeth May’s whole-hearted endorsement) one of the absolute worst possible electoral systems possible. And now he’s trying to ensure that she puts it into legislation for his party’s benefit. This has nothing to do with bills being drafted secretly “backrooms” (otherwise known as the Department of Justice under the cone of Cabinet confidence) or with the spirit of bipartisanship. This is about Cullen trying to manipulate the process.

If that weren’t bad enough, what is especially galling is that he’s undermining his own role as an opposition critic in the process. He is not a minister of the Crown. His role, therefore, is not to govern, but to hold those to account who do (–William Ewart Gladstone). This is an important job because parliament depends upon accountability. That’s the whole purpose behind having a parliament – to hold government to account. And it would be great if our opposition critics would actually take that job seriously rather than pretend they were ministers with their faux-bipartisanship and private members’ bills that cross the line when it comes to acceptable bounds of setting policy. It would be great if MPs actually did their jobs. Perhaps most troublesome in all of this is that Cullen is his party’s democratic reform critic. If he can’t grasp this most basic fundamental point of Responsible Government, then can we actually trust him on attempting to find a different voting system? I’m pretty sure the answer to that is no.

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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: Chong’s solutions seeking problems

While Conservative leadership hopeful Michael Chong is trying to run a campaign based on actual ideas rather than cheap slogans, it needs to be pointed out that not all of his ideas are good ones. The latest example is his plans to stop the “abuse of parliament,” taking a few gratuitous swipes at the legacy of Stephen Harper along the way. The problem is that, like his ill-fated Reform Act of 2014, Chong has a bunch of solutions in search of problems. In this case, he wants to look at the issue of prorogation.

https://twitter.com/michaelchongmp/status/818523622126026752

Did Stephen Harper abuse prorogation to avoid a confidence vote? Yes. Did he later abuse it in a much more cavalier fashion by phoning up the GG on New Year’s Eve in order to prorogue parliament for the duration of the Vancouver Olympics? Absolutely. Is changing the rules, or “establishing a new constitutional convention” the answer to what happened? Absolutely not. (Also, I’m trying to think of when Liberal governments prorogued parliament to avoid non-confidence votes or debates over scandals at the federal level, as he alleges, but I’m drawing a blank).

The problem with trying to ensure that a PM can’t shut down parliament to avoid a vote of non-confidence is that the alternatives are always worse. Chong proposes that Parliament sit an additional two days to deal with unfinished business and votes before dissolution or prorogation is granted, but this is inherently problematic. Aside from the fact that it gives no time for bills to pass with proper scrutiny, it sets up a situation where a government that has lost the confidence of the chamber has a grace period for pushing through legislation, regulation, or Orders in Council. That’s a problem. The demand that Parliament meet two weeks after a general election (rather than six to eight weeks) is also mystifying. I know that Mark Jarvis and company thought it was a swell idea in their Democratizing the Constitution book, but what problem is it solving? It’s a major logistical challenge to get 338 MPs to Ottawa in two weeks, get them offices, orientation sessions, oaths sworn, and a cabinet chosen and sworn in, not to mention the entire transition of a government and writing a Throne Speech in two weeks. The rush to test the confidence of the new chamber is a bit of a false premise considering that barring the formation of a coalition government, it’s a pro forma exercise. If the GG is genuinely concerned that the PM won’t have confidence, he or she either won’t appoint them as PM, or he or she won’t start signing Orders-in-Council or making appointments until that confidence is tested. It does absolutely nothing to rein in the power of the PMO or to hold a government more accountable. If anything, it would lead to bigger problems because as the saying goes, haste makes waste, and this is a lot of unnecessary haste.

If you want something that will have a more meaningful impact on the practice of prorogation, then restore the tradition of a prorogation speech, which forces a government to justify why it’s doing so in a public manner and to explain their accomplishments rather than just being able to phone up the GG when Parliament isn’t sitting. (More on this in my forthcoming book). It will have a greater impact than anything that Chong suggests with this plan.

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Roundup: Cancelling trips never contemplated

At the risk of this becoming a media criticism blog, I have to take exception to the big Globe and Mail story that they were pushing all weekend, about how Justin Trudeau was not going to attend the Trump inauguration in January.

I. Can’t. Even.

https://twitter.com/journo_dale/status/818130285397245955

Seriously. Canadian prime ministers never go to inaugurations. The protocol people in Washington make it pretty clear that they don’t want heads of government or heads of state to attend. This is not a scandal. Nor does it have anything to do with Trudeau’s decision to go on his little cross-country tour. The rest of the piece is fairly hysterical about the tour, and Trudeau not going to Davos, Switzerland either, and then meanders into the fact that the US ambassador was recalled on inauguration day.

Um, guys. This is routine. They are almost always recalled, and then it takes them months and months to get new ambassadors approved by the US Senate. Remember how it took Obama nine months to get Ambassador Jacobson here? And how we were worried that it meant that he was mad at us or something? And then it took another several months between Jacobson and Heyman? Yeah. This is not out of the ordinary. Yes, Heyman has been very popular, but did you honestly think that Trump would keep an Obama fundraiser in the post after he took office? And more to the point, would it kill our political reporters to have a sense of history and perspective in their stories, rather than trying to make everything some kind of proto-scandal? It’s not only wrong, but it’s dull. We can do better.

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Roundup: Not a looming crisis

Everyone spent yesterday lighting their hair on fire based on this “buried” government report that was full of scary numbers, like growing deficits going out to 2050 that reached the $1 trillion mark, and wasn’t this just the sign of how reckless Liberal spending was, and so on. The headline in fact read “looming fiscal crisis.” The Conservatives in particular tried to push some rather questionable narratives about how much better fiscal managers they were, complete with a little chart that was a work of fiction that Dame Barbara Cartland would be proud of.

Of course, it’s all complete and utter twaddle. For one, the report points to the fact that the debt-to-GDP ratio continues to decline, which means that the economy is growing and the deficit is not proportionally. That is a big deal. And if you believe that the Conservatives would have a trillion-dollar surplus in the same amount of time, give your head a shake because they not only built their “balanced” budget on a foundation of sand in 2015, but they continued to insist that they would cut taxes rather than let surpluses accumulate (and hey, remember how their desire to cut the GST in a hurry left them with a deficit before the 2008 financial crisis even hit? Yeah. Prudent fiscal management there, what with the desire to put populism before good economics). Not to mention, as Andrew Coyne points out, the whole exercise was just that – a paper exercise based on a number of projections on a spreadsheet, not an actual economic forecast, which you wouldn’t actually do for 40 year timelines because that’s literally crazy-talk.

The question becomes, however, does this become a narrative that hangs around the Liberals’ necks like an albatross? They’re already using it as showing why they’re taking a harder line against the provinces demands for increased healthcare spending, and about approaching new spending with caution. But it also lends credence to their project for trying to restructure the economy to kick-start growth that is otherwise sluggish. Will it work? It remains to be seen. But without trying to sound like some kind of apologist, would it kill a single journalist writing the stories around said report to mention the debt-to-GDP ratio? Provide some actual context for those numbers, rather just present the scary trillion-dollar deficit figure and brand it a looming crisis, when it very clearly is not? But that might require something other than the usual kinds of cheap outrage that our journalism tends to peddle, making us all the poorer for it.

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Roundup: Annotating the 2016 Senate look back

The National Post had a look back over the changes made to the Senate over the past year, and a look at what’s coming up, so I figured I’d offer a few annotations along the way, because this is what we do here.

First of all, yes most of the new appointments came with small-l liberal values, and yes, that is a problem for the broader diversity of the chamber, which should have broad philosophical differences in it so that a more effective opposition to government policy can be offered. And as one Senator also said to me, it would be great if the next round didn’t all come from the social sciences. Because yeah, that too is another noticeable similarity. The Independent Senators’ Group also says that they won’t all vote together unless it’s an issue of Senate rules or logistics. This immediately prompted one of the most partisan of partisan defenders to leap to the attack.

I’m going to give some of these votes a pass because the bulk of the new senators are just that – new, and they haven’t had enough time to study up on the bills to come up with enough reasons to vote against them, other than perhaps for the sake of voting against them to show displeasure with the government. That these were mostly budget bills doesn’t really help Batters’ critique either because the Senate has to be careful with money bills, defeating them only on the most critical of issues which these budget bills were not. The rule of thumb is also that most senators become more independent with time, and these ones have barely managed to get their offices sorted, let alone figure out opposition stances.

There is but a brief mention under logistics that the Government Leader – err, “government representative” Senator Peter Harder says the “chamber will no longer be home to the government-versus-opposition Westminster-model,” but then leaves it at that. This is a very big deal, and one of the reasons why Peter Harder needs to be stopped. Throwing out the Westminster model in favour of 101 “loose fish” is a Very Bad Thing because it guts the effectiveness of the Senate as an accountability body, forcing it to rely either on subject-matter experts in the Chamber that may not disagree with the government, or by leaving independent senators vulnerable to the machinations of either Harder or government ministers promising favours. This, let me repeat, is a Very Bad Thing.

Finally, while it points out that senators have been more active in amending government bills, it requires a bit more context. Two of those bills, assisted dying and RCMP unionization, were born of Supreme Court of Canada decisions that the government of the day didn’t do a particularly thrilling job of drafting. The consumer protection aspects of Bill C-29? That was as much pressure from the Quebec Government as it was the Senate committee. And Bill S-3 on gender discrimination in Indian Act registration? Another bill stemming from a Supreme Court of Canada decision that was poorly drafted, but the fact that the government tabled the bill in the Senate instead of the Commons means that those flaws were exposed there first, and is not indicative of an overly aggressive Senate as it was a bad bill. Context matters, which this article doesn’t really get right.

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Roundup: A bit of NDP Kremlinology

On New Year’s Day, the leader of the provincial NDP in New Brunswick resigned and quit the party altogether, citing party infighting, and more curiously, took a few swipes at the federal party along the way.

Why is this interesting? Because the federal NDP are in the midst of a leadership race that will double as some soul-searching about the party’s direction. This while the leftist parties in the States saw the “success” of Bernie Sanders (and I use the term loosely but his followers are totally serious about it), and the selection and re-election of Jeremy Corbyn in the UK, where there is a definite shift in tone that follwos these leaders. And with that in mind, we saw a series of tweets from former federal NDP (and prior to that, UK Labour) staffer Lauren Dobson-Hughes which helps to put the New Brunswick and general NPD dynamic into context.

https://twitter.com/ldobsonhughes/status/815620894991196160

https://twitter.com/ldobsonhughes/status/815621424786341893

https://twitter.com/ldobsonhughes/status/815622197062619136

https://twitter.com/ldobsonhughes/status/815622765520781312

https://twitter.com/ldobsonhughes/status/815623274608599040

https://twitter.com/ldobsonhughes/status/815623837442310145

https://twitter.com/ldobsonhughes/status/815624631038214144

https://twitter.com/ldobsonhughes/status/815625236204883968

https://twitter.com/ldobsonhughes/status/815626448618799104

https://twitter.com/ldobsonhughes/status/815627188871561216

What Dobson-Hughes says here I think will have a lot of impact on the NDP leadership contest, and I think explains a little as to why the party wasn’t willing to give Thomas Mulcair another chance in his leadership review post-election. It’s also what the (eventual) leadership hopefuls will be navigating, so I don’t think this is the last of the internal power-struggles in the party that we’ve heard of. And while Cardy’s critics continue to grouse about him in the media, there are tensions at play that we should be cognisant of, and that will matter as the party goes forward.

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Roundup: Harder’s wrongheaded impatience

Our good friend Senator Peter Harder is at it again, going to the media about his frustrations that Senate modernization isn’t going his way. The current complaint is twofold – one, that they haven’t adopted all of the Auditor General’s recommendations; and two, that the rules allow for senators to delay debating bills for lengthy periods. So, let’s break it down.

First of all, the AG’s recommendation that the Senate require an external audit committee to provide some kind of “external validation” was a Very Bad Recommendation. I’ve argued this time and again, and I’ll say it again right here – the Senate cannot be put under external oversight because parliament is self-governing. This is a very important consideration that the AG doesn’t understand. I don’t care how many government departments and private companies use this external validation – they are not parliament and parliament is self-governing. That means that the Senate must police itself, no matter how much the AG seems to find that to be a problem (and considering how very little his audit found for how much it cost, as problematic and arbitrary as it was). And yes, an audit committee is an idea that could include external members but must have a majority of members from the Senate on it, non-negotiable. If Parliament cannot govern itself, then we might as well just declare that the past 148 years of Responsible Government were just a failed experiment and we might as well tell the Queen to take over and rule us directly again. I’m not even kidding. If Harder can’t grasp this fundamental concept, then that is a problem.

The other point, about delays, is as much Harder’s own failing as Government Leader – err, “government representative” than anything. If government bills need swift passage, he needs to make the case to the Senate, and if there are delays, then he has tools at his disposal including time allocation, which he must again, make the case for swift passage. And there are a lot of bills that the Senate does dispose of relatively quickly, particularly because the Commons likes to dump them on the Senate shortly before Parliament rises for either the holidays or summer, and implore that they get passed post-haste, and most of the time, they are. And just like with the Senate’s veto, there are sometimes cases where delay is warranted for any number of reasons, including that it’s a bad bill (such as the single sports betting bill in the previous parliament). The Senate is not a rubber stamp; changing the rules to force them to be more “disciplined” in how they debate is seriously close to curtailing the privileges of parliamentarians to suit the government’s agenda. Parliament is there to keep a check on the government, not simply nod everything through. This is one more piece in the concerning pattern that Harder is looking to make changes to an institution that he doesn’t understand and will cause lasting damage if he’s not reined in.

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Roundup: Senators get their funds

In case you missed the news, the new Independent Senators Group got core funding to hire staff to help coordinate independent senators’ activities and logistics. This came around the same time that they managed to strike a deal when it comes to getting more independents on committees without waiting for a prorogation to hit the reset button as the rules would otherwise dictate. Why this matters is because it allows the ISG to effectively organise their own members, to help them hire staff and do things like that – efforts which Government Leader – err, “representative” Senator Peter Harder has been attempting to bigfoot with his own offers to help these senators get staffed up and offering briefings and assisting in legislative coordination and so on. The fact that he represents the government and has been sworn into the Privy Council – regardless of his protestations that he’s independent because he’s actually not (you can’t be both an independent and represent the government – it’s like being half-pregnant) – makes this a blow to actual independence that these senators are supposed to be exercising. Giving the ISG the funds to do that on their own is an important step. Of course, the same piece mentions that Harder plans to move motions in the Senate in the spring related to his ability to restyle his title as he wishes, and that I have a problem with. This particular semantic game that he and the Trudeau government are playing around his role is a very big problem when it comes to how the chamber operates in our Westminster system, and Harder playing silly buggers with what he calls himself in order to cloak his role with the government is a problem. He and this government need to drop the charade and just come clean – Harder should be a cabinet minister in keeping with the role, and be the point of contact for accountability in the Senate. Playing games around it weakens accountability and the duty of the Senate in that role.

Meanwhile, with the appointment process for six upcoming vacancies having been announced, we also got the release of the report on the statistics from the previous round (highlights here). Maybe this time we’ll see an appointment from Southwestern Ontario, a new LGBT senator or even someone from outside of the social sciences!

Finally, Senator Denise Batters appears to have broken the rules to record a video in the Senate Chamber, accusing Trudeau of authoritarian tendencies in trying to destroy opposition in the Senate. While her basic premise – that there is a movement to shut down the position of Official Opposition in the Senate – is correct and concerning, Batters cranked it up to eleven in being completely overwrought about it, and does more harm than good to the issue. I’m not sure how much the move to weaken Official Opposition in the Senate comes from Trudeau or from Harder and his particular vision of Senate “independence” where he can co-opt the independents to his causes, but that remains a concern that I’ve heard from not only the Liberals and Conservatives in the Senate, but a couple of the independents as well. But this kind of stunt doesn’t help.

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