Roundup: The ricochet into Canada

I had idly wondered how long the Trump victory in the United States would take to start showing ricochets in Canada, and apparently it was minutes, as in the middle of the night, Kellie Leitch’s campaign was already putting out fundraising emails drawing comparisons, particularly around their mutual bashing of “elites.” Because Leitch, you see, apparently isn’t an elite, never mind the fact that she’s a paediatric orthopaedic surgeon in Muskoka, a university professor, and former cabinet minister whose was the protégé of the finance minister. No sir, nothing elite about that, because she had to compete with the “biggest old boys’ club” out there, being surgeons, so there. Um, okay. (Incidentally, Leitch previously didn’t want to be compared to Trump, which she kept vacillating over during last night’s leadership debate). And that elite-bashing was quickly picked up by bother other leadership candidates, and others in the party like Tony Clement (who apparently also doesn’t think he’s an elite, despite all evidence to the contrary).

Michael Chong, however, rejected Leitch’s move as being antithetical to the “big tent” Conservative movement that the party is trying to become. Chris Alexander also sounded a cautious note, for what it’s worth, but Lisa Raitt’s tone is less decisive.

https://twitter.com/michaelchongmp/status/796428123768324100

Michelle Rempel, however, seems cognisant enough about the trap of demagoguery when it comes to dealing with difficult issues and cautions against importing that ethos to Canada. Rempel also relayed some of her experiences of what she saw during her recent visit to the States, and the alarming levels of discontent among the populace.

Meanwhile, here’s Justin Trudeau’s statement on working together with a Trump presidency. Thomas Mulcair, on the other hand, wants Trudeau to call out Trump. And over in the UK, Jeremy Corbyn is taking on that message of public anger about the “governing elite” and trying to make hay of it, so no, this kind of rhetoric is not endemic to the right.

In terms of fallout, we hear from prominent Canadian women like Kim Campbell, Elizabeth May and Michelle Rempel. Shannon Proudfoot writes about how brutally appropriate the end of the campaign ended up being. Bob Fife notes how the Trudeau PMO has had to scramble to adjust to this new reality. Robyn Urback looks at how the Democrats bungled the election, while the Guardian features a column about how liberals helped Trump’s victory. Anne Kingston writes about Trump winning his war against the media. Paul Wells writes about next steps for Trudeau, while Chantal Hébert wonders how much of Trudeau’s agenda is affected by this change, particularly in areas like climate change, or foreign policy (per John Geddes). Both Paul McLeod and Susan Delacourt saw similarities in the way Trump and Trudeau ran their campaigns. Here’s a look at how pundits and pollsters got things wrong, and Andrew Coyne writes a particularly poignant piece about how Trump’s ability to throw out the rules has vindicated some of the worst elements and impulses, and worries what this signals going forward.

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Roundup: Postcards for values

Yesterday the National Post reported that the government is planning on sending a postcard to every household in the nation and asking them to head to a website to answer questions about their democratic values. Immediately the Twitter-verse went into full-snark mode, wondering why the government would do this rather than hold a referendum, and wondering at the cost of such an exercise, but there were a few phrases that struck me as I read it, and that goes back to the fact that they’re asking Canadians what values they’re looking for in their voting system as opposed to asking them to choose a system. Why does that matter? Because it basically allows the government to justify whatever decision they end up making by selling it as living up to the greatest number of the “values” they got feedback on. And when the committee report comes back a deadlock with several dissenting reports (as it inevitably will), the government will be further empowered to finally suffocate the whole ill-fated enterprise and list all of the ways the current system conforms to the majority of the “values” that they polled Canadians on, and lo, we shall never speak of this again. Or something like that.

Meanwhile, PEI had their plebiscite on electoral reform and with a stunningly low voter turnout of 36 percent even with several days of voting, lowering the age to 16, and giving people a myriad of options to vote including online, it came down to several preferential rounds where Mixed-Member Proportional won a very narrow 52 percent win. This again translated into two very different sets of reactions – elation from the PR crowd for whom this validates their crusading on the topic, never mind that the mandate for said system is really, really weak (between the low turnout and the fact that it took several drop-off rounds to get that bare majority vote), or the fact that the plebiscite was by definition non-binding and there is more than enough opportunity for the government to get out of it (and really, I’m not sure that such a low vote is mandate enough to make such an important change). The other reaction was a sense of somewhat smugness from proponents of a referendum on electoral reform at the federal level, basically telling their opponents (who insist that such a referendum would favour the status quo) that they’re wrong. But if you think about it, such a low turnout and the fact that MMP barely squeaked past may indeed be an indication that there was more of a desire for the status quo than is being acknowledged. Nevertheless, both groups are going to be insufferable for days to come.

https://twitter.com/katemckenna8/status/795799811345842176

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Roundup: The whinge of the everyman

I had hoped that after the last round of appointments that we were done with the vapid narcissistic “everyman/woman” wannabe candidates for the Senate would finally go back into the woodwork, but no, I see that we are indulging them once more in a plaintive wail about how terribly unfair it is that deserving, qualified candidates with decades of community and specialty experience got the nod and not them. Because who wouldn’t want an expert in the field when you could get a hot dog vendor or a draftsman who will totally enrich the legislative experience by…um, well, I’m not really sure. I mean, that’s kind of why we have a House of Commons, right? So that the everyman/woman can run and get their chance to do their part and influence policy and so on? And then the Senate goes over their work to ensure that they haven’t made mistakes with the legislation and that it’s all looking good. You know, that whole sober second thought thing? Still failing to see what value a hot dog vendor is going to add to that process. But oh noes! Elites! To which I simply reply “So what?” Do you, hot dog vendor and draftsman who are complaining to the media that your application was passed over, actually know the role and function of the Senate? Because based on everything you’ve said here, I’m not seeing that indication at all.

https://twitter.com/emmmacfarlane/status/795439635535110148

https://twitter.com/emmmacfarlane/status/795440234980839424

Meanwhile, Senator Peter Harder is coming to the defence of the new appointment system (as he obviously would, being a recipient of its beneficence already), but takes a few gratuitous swipes at the partisans still in the Senate while he’s at it. But there’s a key paragraph in there toward the bottom, where he talks about how Trudeau “voluntarily relinquished one of the traditional levers of power of his political party and of his office” when he expelled his senators from his caucus, and it rankles just a bit. Why? Because Trudeau didn’t so much give up one traditional lever of power so much as he used the show of relinquishing his lever to gain control over a bunch of other levers instead that are less obvious, from centralizing power over the MPs in his caucus with their institutional memory driven from the room, or his now using ministers to meet with individual senators to try to cut deals for support and using Harder’s own empire-building efforts to “colonize” the new independent senators with his offers of “support” and constant attempts to bigfoot the efforts of the Independent Senators Group to establish their own processes. So no, government influence has not been driven from the Senate – it’s just changed forms, and not necessarily as transparent as it was before, and yes, that does matter.

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Roundup: No need for a turf war

The possibility of committee allocations in the Senate turning into a turf war is something that I’m not sure is an imminent issue, but Kady O’Malley nevertheless faithfully explores in her weekend column, including some potential procedural manoeuvres that Senator Peter Harder could attempt to employ to force the modernization committee report to come to fruition as government business (which it currently is not), but as is not unexpected, she got some pushback from Senator Leo Housakos.

Just to add my own two cents, I have indeed heard some concerns from both the Conservatives and Senate Liberals that the Non-Aligned Senators have not yet been able to fill their committee spots, which may also have been why Senator Peter Harder has been organizing to “help” the new independent senators out, essentially big footing the efforts of the Independent Senators Group, but one has to add that they’re building their own processes and organization from scratch.

So we’ll see. I still think that the newly appointed 21 senators shouldn’t be in any hurry to get committee spots, but take the time to get adjusted to their new environment as the committees are currently operating okay and we aren’t seeing a lot of cases where senators are doing triple duty just to keep committees filled (as was the case with the Conservatives pre-2008, when Harper was obstinately refusing to fill seats the first time around). And as I’ve said previously, they can spend some time participating in committees as they have the right to now – they just can’t be voting members, which is probably just as well in terms of getting them acquainted to the place. So everyone should relax because there is no actual crisis.

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Roundup: Policy or privilege?

Yesterday after QP, NDP trade critic Tracey Ramsey raised a question of privilege in the Commons, claiming that the tabling of CETA implementing legislation was contrary to the rules, not only because it didn’t follow the 2008 departmental policy on tabling treaties which lays out that 21 sitting days be given before introducing any such bills, and because it didn’t contain any explanatory memorandum.

They key phrase to remember in there is that it’s a departmental policy and not a standing order or other rule of the House of Commons, which means that this point of privilege is pretty much doomed to fail – and this was pretty much Bardish Chagger’s brief submission to the Speaker in advance of a more robust response to come at a later date. I would add that while Ramsey says that it’s unfair that Parliamentarians have to digest all 1700 pages of the treaty on their own without these explanatory memoranda, it’s not like these details have been in the dark. The text of the agreement has largely been available for a year now at least, which is a lot of time for the parties to do their research on the agreement, and yes, this is why they have research budgets and staff who can assist with these sorts of things. And it also sounds a bit like the opposition is complaining that the government isn’t doing their homework for them. Maybe I’m wrong, but that would certainly fit with the trend that has developed across the board in the House of Commons – that MPs expect everyone else to do that homework on their behalf, whether it’s the Parliamentary Budget Officer, the Auditor General, or any other Officer of Parliament.

I would also add that many of the changes that the Conservatives made policy-wise to things like treaties and military deployments were done under the illusion of giving the House of Commons a greater role to play when many of these matters are actually Crown prerogatives that they were looking for political cover in exercising, or in partisan gamesmanship designed to divide the opposition. I’m not sure how much this particular 2008 policy is a reflection of that Conservative mindset, but if the way the government went about this was a more traditional exercise of prerogative powers, then that’s all the more reason for them to do so, rather than to continue to indulge some of the bad habits that the Conservatives put in for their own purposes.

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Roundup: Six more makes a full chamber

The final six Senate appointments have been made, all from Québec, and all were very much in the same pattern that we’ve seen to date from this government – well qualified, certainly, but without much in the way of ideological diversity, and as of yet, no new openly LGBT senators (that are very much needed). There could very well be some selection bias at play here, which is part of why asking people to apply rather than seeking to nominate people continues to be a problem, and promises of transparency would mean some kind of a statistical breakdown of the short lists presented to the PM, but one doubts that will ever happen.

Now this all having been said, the performative outrage by a number of Conservative senators is getting to be really tiresome. I am also failing to see the logic in how appointing a bunch of partisans and telling them that they are to be whipped (which no, senators are not supposed to be) is somehow preferable and “transparent” than it is to appoint a number of ideological similar individuals who aren’t assigned a party label, nor are they being told that they’re subject to a whip. It really makes no sense, particularly when there are all manner of other perfectly legitimate criticisms that can be levelled at the nomination process and the pattern that has emerged from the appointments, but to insist that it’s all a “con job” is really, really rich. It’s bad if they all vote for the PM who appointed them if they are “independent,” but it’s a-okay to vote under an illegitimate whip by the PM who appointed them so long as it’s under a party banner? Huh? (Also, to correct Senator Housakos, nothing stops any of these new senators from joining a caucus of their choice).

Meanwhile, we’re going to get more grousing about committee slots and research budgets, but honestly, that’ll work itself out within a few weeks and bellyaching won’t actually help make the process work faster or better. There is also some grumbling right now that the current crop of independent senators haven’t managed to fill the two slots per committee they’ve been allotted as is, so why give them yet more seats? It will happen, but the rules don’t really allow committee reconstitution until a prorogation anyway, so I’m not sure why there’s such a rush. Better to let the process take the time it needs rather than going too fast and ballsing it up and creating room for unintended consequence.

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Roundup: CETA got signed

Justin Trudeau and Chrystia Freeland went to Brussels over the weekend to sign the Canada-EU trade deal (known as CETA), but this was the real signing, as opposed to the several signings staged by the Harper government at much earlier iterations of the process, which they wanted to use to show how pro-trade they were, and how much work they were doing on the trade file. And yes, they did get the ball rolling on CETA, as well as the TPP, and a number of trade deals with a bunch of small countries with tiny economies that do very little trade with Canada, and loudly proclaimed the number (as opposed to the worth of those signed deals). So there’s that. At the signing ceremony, Trudeau also downplayed the delays and praised the democratic way in which it all happened, essentially saying that it’s not a bad thing to raise questions and to have them answered, which is fairly gracious of him (and fits with the overall character of his government to date in acknowledging the challenge function of parliament and the media – though he may want to let his Senate leader, Peter Harder, know, as Harder rather arrogantly doesn’t believe that the Senate needs an official opposition).

Of course, now comes the hard part of implementation, which will doubtlessly have numerous stumbling blocks along the way, and we’ll likely need several reminders about why the investor-state dispute settlement mechanism isn’t actually an attack on sovereignty, and how the improvements that Freeland negotiated to the system are a net positive and will likely form a model for other such systems going forward. We’ll hear yet more cries from the NDP and other left-leaning critics about those concerns, but the deal is moving ahead.

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Roundup: Nine new senators

Nine new senators were appointed yesterday, with another 12 appointments to come in the next few days. By the time that happens, the non-aligned senators will have the plurality in the chamber, but that is causing a bit of consternation among some of the existing independent senators. Senator André Pratte sent out a missive decrying that committee seats are not proportional yet, while Senator Claude Caignan groused about the appointment process as being neither open, transparent, nor non-partisan, and insinuated that they were all Liberals in all-but-name and intimated that they would all be “steadfastly loyal” to the Prime Minister for appointing them – you know, just like he was unthinkingly partisan and loyal to Harper since his own appointment.

As for some of the new senators, PowerPlay interviewed incoming senator Patricia Bovey and the chair of the appointments committee, Hughette Labelle, while Power & Politics interviewed Diane Griffin. The Canadian Press profiled Daniel Christmas, who will be the first Mi’kmaq senator.

P&P went hard on the fact that some of these new senators had previously donated to parties – and not all of them to the Liberals – which is irksome because it’s giving this message of a rather unfair level of non-partisanship being expected when donations are part of political engagement in our system, and we should want senators who have at least had some level of engagement and were not completely disinterested in politics. As for the pace at which the modernization to the Senate rules are happening, I would caution against moving too quickly – as Pratte is demanding, Senator Peter Harder is glowering darkly about, and Terry Milewski was being ridiculous in his characterisation of on P&P. If we want an upper chamber that is functional but not dominated by parties, we want to make sure that rule changes are done right and not in haste, and we especially don’t want them to be turning over any swaths of power to Harder as the “government representative,” as he is already empire-building and starting to try and co-opt the non-aligned senators as they organise themselves. If they’re not getting on committees fast enough, that’s in part because the rules are such that committees can’t be reconstituted until a prorogation, but we also want to give these new senators time to get adjusted and settled. Throwing them onto committees too soon will be overwhelming, and if they’re interested, they can still sit in on the committee meetings and contribute – they just can’t vote. The proportions of seats will adjust before too long. A little patience is not a bad thing.

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Roundup: Questions about ordered repayments

Conservative-turned-independent Senator John Wallace is asking questions around the decision to withhold Senator Mike Duffy’s salary to repay inappropriate expenses that were uncovered as part of his court case, and in particular, whether the Internal Economy Committee’s three-member steering committee has been exceeding its authority in making decisions without the full committee signing off. The steering committee after all is supposed to be limited to some administrative matters, but in cases of “emergency,” they can do more. So was this an emergency? There is the argument that the decision was made over the summer when the full committee could not meet, and it was in accordance with rules laid out as part of the broader expenses issue and dispute resolution process, which Duffy did not avail himself of, his lawyer insisting that he was “fully exonerated” by the judge in his court case (which is not what the judge said, but rather that what he did simply didn’t meet the threshold of being criminal, and yes, there is a vast difference). With a case as high-profile as Duffy’s, the fact that inappropriate expenses have been flagged meant that the appearance of doing something about recovering those expenses was a very real consideration for the continued public legitimacy of the institution whose reputation has taken a beating, and letting Duffy get away with those inappropriate expenses would continue to damage the institution in the eyes of the public. But, that having been said, was this a decision that could or should have waited for the full committee to decide up on in the fall, and is this a case of procedural unfairness or worse, of a lack of any kind of due process, as has happened on more than one occasion as this whole expenses issue has reared its head? I’m not sure, but it does bear asking. I do think that something needed to be done to address the issue in a timely manner because the Senate has to rebuild its public image after senators like Duffy have done so much to muddy it, but whether what happened was right, well, that’s not a question I can answer.

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Roundup: Chong’s plans are a start

While new Conservative leadership candidate Steven Blaney decided to come out swinging with a niqab ban policy designed to appeal to those Quebeckers still hot for the idea and to give Kellie Leitch a run for her money, Michael Chong also came out with some policy yesterday morning – much more modest policy in line with how he thinks he could start to change parliament for the better if he were party leader. Because it’s not big policy pronouncements, it’s more in keeping with the kinds of things that leadership candidates should be focusing on, but that said, there are a few problems with what he laid out. I tweeted some of those concerns earlier, but I’ll elaborate a bit more.

So yes, Chong made a valiant attempt at doing this with this Reform Act, but it got so watered down in his amending the bill to get it passed that it rendered it useless, and the veto went from the party leader to their designated surrogate. This is a promise that is more difficult than it sounds because there does need to be a quality control mechanism in place (which is why it was introduced in the first place), but it also needs to be arm’s length from the leader, and Chong’s previous proposals for such an officer didn’t fly. He’ll need to try and thread this needle much more carefully going forward.

This one bothers me a fair deal because it’s buying into the nonsense that the Liberal Party has been spreading with their reforms to their party constitution. They claim it’s about “modernizing” the party structure and making it more responsive, but it’s more about populating databases, so that when they come out with top-down policy pronouncements, they can use their Big Data approach to justify anything. If other parties want to simply populate their own databases to target or micro-target policies even more that the Conservatives did during their decade in office, this isn’t actually good for democracy, and it’s not actually good for the grassroots. You don’t have people who are quite literally buying into the process (thus putting some skin in the game) and having an interest in their responsibilities as members when it comes to policy and nominations. It devalues membership, and I do think that’s a problem.

Promising reforms to the way the Senate operates while billing this as part of a package of giving power back to the grassroots is curious, but I’ll run with it only so far as to say that Chong shouldn’t actually be trying to out-Trudeau on this. Trudeau has put some things in motion that are not actually for the better, be it centralizing power in his own caucus, or trying to weaken the accountability role of the Senate, while his current “representative” there is trying to upend the whole system so that he can be the true bureaucrat that he is and empire-build, co-opting the whole burgeoning independent system for his own ends. Chong not grasping the constitutional role of the Senate Speaker, or the role of the Government Leader under Responsible Government is worrying, and I do feel like he should know better and not just try to play the reform-for-the-sake-of-reform card. That becomes a very dangerous thing under our system, especially because the system is not broken, so we should stop trying to break it while insisting on fixing problems that don’t actually exist.

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