Roundup: Petty, unhelpful suggestions

The fact that Mike Duffy’s expenses have reignited an old and frankly tiring debate on whether Senators should be able to claim for their legitimate work expenses, or whether it’s this particular shameless senator whose expenses, however legitimate, are forever tainted. We can look and see competing editorials from the likes of Robyn Urback, who is justifiably dubious about the whole thing given the history and cloud that remains around Duffy’s primary residence, and Kady O’Malley, who notes that Duffy’s current expense claims are entirely legit so we should stop begrudging them (while not forgiving past transgressions either). But of all the commentary that I’ve seen in the past week, the least helpful comes from within the Senate itself.

When asked about the whole Duffy ordeal, the Conservative Senate leader, Claude Carignan mused about how the Senate’s rules may still need to be updated, which I’m not quite sure how much more stringent they need to be at this point considering how much they’ve come in the past two years (and for years before that), and it sounds a lot like he’s trying to play along with the attempts at cheap public outrage over the whole thing, while simultaneously ignoring the fact that Duffy’s residency issue remains a problem from the manner in which Stephen Harper appointed him, and a Harper loyalist, Carignan is almost certainly loathe to criticise that decision. But it got worse. Carignan then basically dumped the problem into the lap of Senator Peter Harder, the “government representative” as though he were somehow able to do something about it. As Carignan, a former Government Leader himself should know, it’s not up to the Government Leader to shepherd rules changes considering that Senate Rules are the domain of the appropriately named Senate Rules committee, and that expenses are the domain of the Internal Economy Committee, and last I checked, Harder is not a member of either committee, nor does he have a caucus that has senators who sit on those committees. In other words, he has no senators that he can use to exert any kind of influence over in order to make those changes. With these facts in mind, I’m not sure why Carignan would suggest that rules changes need to be spearheaded by Harder except that it’s more petty politicking, trying to undermine his (already shaky) legitimacy, while looking to absolve himself of any responsibility event though Carignan controls the largest caucus in the Chamber. If we need to have a discussion about how the residency rules need to continue to evolve, then great, let’s do that. But to try and play this particular game about it is really beneath Carignan’s position and he should know better.

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Roundup: Peace bonds and terror suspects

Everyone seems to want to talk about how the Aaron Driver terrorism incident went down and how it relates to the government’s plans to amend the old C-51 into something that better balances Charter rights, so here is some preliminary analysis from the expert, Craig Forcese, and more analysis that he did with Kent Roach for the Globe and the Post. And yes, the Liberals have reiterated that they plan to amend the legislation, while the NDP continue to demand its repeal (which may be difficult given how it interacts with pre-existing legislation). Meanwhile, here’s an interview with Driver’s father and a professor who studies radicalization – who noted that the isolation of the peace bond may have made that radicalization worse – and a reminder about the realities of terrorism like this in Canada versus Europe.

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Roundup: Shirtless panic

Photos of our prime minister, shirtless and on vacation, continues to make people lose their minds. A week later, and it remains an item of discussion – or derision – and feeds this particular faux cynicism about media coverage, despite the fact that it clearly is not what is topping the headlines. The fact that other countries mention it triggers our inherent Canadian desire to go “Look! Other countries are talking about us!” and we report that, and suddenly it’s “all anyone can talk about” when clearly it’s not the case. And then come the lame attacks based on it, like the latest round of Conservative ads, where they accuse the media of focusing on Shirtless!Trudeau instead of the economy.

https://twitter.com/CPC_HQ/status/762742848445943808

https://twitter.com/CPC_HQ/status/762779942627053568

The problem with that narrative is that the economic news was clearly the headline for the days in which those numbers got released, but hey, so long as we can try and keep up this narrative that the PM is a selfie-obsessed pretty boy who’s too stupid to manage the economy, the more we think it’ll do something to bolster our own numbers (never mind that being effectively leaderless is not helping the poll numbers of either opposition party).

So with that in mind, here’s Jen Gerson telling everyone to relax about Shirtless!Trudeau because it’s August, we’re all on vacation anyway, and that this isn’t just about Trudeau but about the sea change in tone that has taken place in this country over the past year, and that people need to lighten up.

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Roundup: The lobbyist’s Senate speculation

Courtesy of the Hill Times comes a hot mess of an article that speculates that the new independent Senate is going to have a much more active policy role upfront in the future, which…I’m not so sure about. The thesis of this former MP-turned-lobbyist is that the Trudeau gang knows exactly what they got into with their Senate reform plan (err, I’m really, really dubious about that based on what I’ve seen to date), and the loss of top-down Senate management means that Senators need to be brought into the legislative process from the conceptual stage rather than in their current role as revising and amending. Okay, so while his point that no government can take the Senate for granted anymore is true to a certain extent, most governments have paid a price when they did and found that the Senate wasn’t willing to put up with it. And it’s this particular passage that really makes my skin crawl:

Mr. Jordan said that with new dynamics in the Red Chamber, Senators could prove to be a useful ally of opposition parties and lobbyists, especially in majority governments when governing parties can pass any legislation they wish in the House of Commons. So, if an opposition party or a lobby group wants to stop the government from doing anything, their best bet would be to reach out to Senators.

“You could now go to the Senate and rally support,” Mr. Jordan said. “Make your case.”

It feels a little too much like Jordan, a lobbyist himself, is licking his chops at the prospect. It also undermines the role of the Senate as a kind of constitutional safeguard, who has the power of unlimited veto and of institutional independence to say no to a prime minister with a majority when there is no other option to stop an unconstitutional bill, not to become a partisan competition with the Commons. In fact, the Supreme Court reference stated explicitly that it was not the role of the Senate to be that competitor, and yet this is what Jordan both envisions and says that Trudeau must have known when he started making his push for a more independent upper chamber. (Again, I have my doubts). Turning the Senate into the tool of the opposition and lobbyist allies is antithetical to its nature and its purpose, and for him to start putting this kind of nonsense out there is not helpful, whether as a point of speculation or as a meditation on where senate reform is headed. And if anything, it proves that Trudeau didn’t know what can of worms he opened when he kicked his senators out of caucus, but here we are.

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Roundup: A deal 149 years in the making – maybe

After some last-minute negotiations at the very end of the Council of the Federation meeting in Whitehorse, the premiers finally came to an agreement – well, an agreement in principle – about interprovincial trade. It only took 149 years of confederation to reach this point, and we’re trying to be optimistic about it, but its full virtues remain to be seen as the list of exclusions has yet to be published, and we don’t know how extensive it is, or what the process for standardising regulatory hurdles between provinces is going to be (and this is things like trucking regulations that change at provincial borders, or the sizes of milk cartons, and so on). There is a great deal of pessimism in some corners about this whole thing, and it’s hard not to get caught up in it, particularly when Alberta was the holdout over local infrastructure projects, and the first question asked of the Yukon premier (who chaired the meeting) from his local press was how it would affect local jobs, playing directly into the kinds of protectionism that a trade agreement is supposed to break down. But again, we await the actual details to be delved into.

Otherwise, the other outcome of the meeting was that surprise, surprise, the premiers want to meet with the Prime Minister in the fall about healthcare funding, because they’re largely opposed to targeted spending (saying that it’s too “temporary” and not “long term”) and want the federal government to cough up more funding overall instead – 25 percent of each province’s expenditure, which seems to me that it makes it easy for a province to ramp up their spending with the assurance that Ottawa would fill that gap, again with little in the way of accountability for how those dollars are spent, or for ensuring that there is equitable access to things like homecare across the country, which is what the federal government is looking to achieve.

Meanwhile the beer spat between Saskatchewan and Alberta had some impact on the interprovincial trade talks, but for all of Brad Wall’s complaints about how terrible the changes being made to Alberta’s system would be for his province, here’s a look into how Saskatchewan’s system isn’t all that open either. But hey, a deal on wine was reached between Ontario, BC and Quebec, so that’s progress, right? Well, considering that it’s about online ordering, it’s a half-measure at best.

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Roundup: Unger vs Black

Further to Senator Black’s resignation from the Conservative caucus, we have a couple of reactions – first, an interview with Black by Jen Gerson, in which Black expresses his excitement for the “uncharted territory” of greater independence in the Senate. Second, a somewhat bitter response from fellow “elected” Alberta Senator Betty Unger, who repeats some of Senator Plett’s accusations about Black’s attendance, and goes on to assert that senators should be in a caucus to give them some kind of accountability. Oh, and then there’s Kady O’Malley, who notes the “disappointment” of Senator Tannas in his response to Black’s decision, in which she reminds them in her own Pollyana-ish way that yes, they can still work together even if they’re no longer in caucus together.

Among the responses are some particular problems with the conceptions of how a caucus can and should operate, and part of that stems from the fairly unique situation of how the Senate was being run under the Harper government. Unger is correct in that being part of the national caucus brings more perspectives and allows more participation (which is one of the reasons why Trudeau’s decision to banish senators from his caucus was short-sighted), but her conception of caucus providing “checks and balances” to senators is a bit mystifying, particularly considering that there is little that a caucus could do to actually control a senator given that they have institutional independence under our constitution. Sure, they can threaten them with being removed from a committee or from participating in travel, but that’s the extent of it, and if a senator feels a particular conviction on an issue, then that’s a risk they can and have taken before.

As for Black, being part of a caucus in the Senate doesn’t mean that he is forced to toe any particular party line, whether they achieve consensus on a position or not. Granted, since he has been in the Senate, it was operating in a more tightly controlled environment because the Conservatives had largely trained their new senators to believe that this was the norm, that they could be whipped, along with some cajoling about how they needed to go along with things under the rubric of “you want to support the prime minister, don’t you?” And that would usually cow them into line, never mind that there are no actual levers of power for a government to assert in the Senate. Black and Unger both have always been in the Senate where they were told that there was this expectation, and now that they are in opposition and the party is in a leadership convention, they are suddenly finding themselves without that same comfortable feeling of obligation to the person who appointed them (never mind their “elected” status – it certainly didn’t mean anything for their “elected” predecessor Bert Brown, who insisted that senators had to dance with the one who brought them). Black obviously decided that he felt freer in this environment and wanted to push it further. That’s his prerogative; Unger feels the need for structure, and that’s legitimate, so long as she knows that she has that institutional independence and that there is no such thing as caucus control for a senator (and I’m not sure that she does, given her Senate “upbringing”).

But honestly – between the fetishisation of “independence” and the wrong-headed notion of “checks and balances” that don’t actually exist, neither are really on the side of the angels on this one.

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Roundup: Not really elected, not really a betrayal

Alberta Conservative Senator Doug Black announced yesterday that he was going to sit as an independent, and a bunch of tongues started wagging because Black is one of the “elected” (and I do use the term loosely) Senators. A number of people also said a bunch of boneheaded things about the move, and we’ll get to that in a minute, but first, a refresher on the “election.”

For those of you who were unaware, Alberta has run a series of nonsense “consultative elections” for “senators in waiting” a few times, and it’s a process that has been problematic on a number of levels, not to mention the fact that the whole thing is unconstitutional. I mean if you want to elect Senators, then there’s a process, which is the general amending formula of the constitution, meaning seven provinces that represent 50 percent of the population. That didn’t happen, however Stephen Harper appointed from this list. Among the quirks of these “consultative elections” is that the candidates were largely running on the tickets of provincial parties – you know, ones that don’t exist on the federal level, not to mention the fact that the provincial Liberals boycotted an unconstitutional process, and the NDP refused because they want to abolish the Senate altogether. So this last time around you Senators running under the provincial Progressive Conservatives and the Wildrose Party, both of whom were pledged to sit as federal Conservatives, never mind that the two parties are different and don’t actually stand for the same things. And did we mention that this is an unconstitutional process? Because it is – you can’t do through the back door what you can’t through the front, never mind that Harper and the Alberta government at the time figured you could.

So what does this have to do with his decision to leave caucus? Well, people like Senator Don Plett are angry, calling this a “betrayal,” while his fellow “elected” Senator Scott Tanas was passive aggressive in his “disappointment” with the move. Plett went so far as to start saying that this was Black’s way of avoiding the whip as he apparently has a terrible attendance record (note: this could be verified, if one actually wanted, and I’m not sure that I care enough to go digging), and moaning that these “votes” have been “deprived of a Conservative representative.” And this is all very much like the floor-crossing debate, which is ridiculous. MPs are elected on an individual basis – our first-past-the-post system gives them enormous agency because they are elected as an individual, even if they are running on a party ticket. They are not there because their party won votes and they are apportioned the seat off of a list (which empowers the party, not the MP). For a senator, however, they are appointed with a great deal of institutional independence, because that is what their job requires of them if they are to be able to push back against a majority government when required, or speak truth to power without fearing for their jobs. And no, Black was not “elected” – he was appointed, despite it being on the basis of a sham “consultative” process. So guess what – with that institutional independence, he can choose whether he wants to sit in a caucus or not. It’s why a Prime Minister should be very careful in the vetting process before they appoint someone (and no, an election is not necessarily a good vetting process, particularly given the way that the Alberta process was run, and gosh, it’s not like bad apples have ever been elected before). So really, the fact that he claims to be “elected” is of little consequence with this move, other than as a kind of “fun fact.” If he wants to sit as an independent, then more power to him.

Meanwhile, Senator Patrick Brazeau’s suspension is now over and he’s back to work, vowing to “clean up” the Senate – which gives one flashbacks of an acquitted OJ Simpson vowing to catch his wife’s killer. And no, Brazeau’s legal troubles aren’t over.

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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: Values versus mechanics

I am just about at my limit for hot takes on both Brexit and electoral reform here in Canada, and lo, the Citizen has an op-ed out that combines the two of them. How scintillating! Except not. After dire warnings about what Brexit did for referendums, we get an appeal for a discussion on “values” rather than mechanics when it comes to discussing electoral reform.

Nope. Nooooope.

When I’ve finished banging my head against my desk for the sheer ridiculousness of the piece, I’ve got a couple of bones to pick with it.

The mechanics of any electoral system are important to understand what it produces in terms of government, kinds of parties and representatives. The guide also discusses design variations, which could be good if citizens were being asked to design a system. But citizens are not being asked to do that when they hold these informal meetings. And an obsession about design mechanics only perpetuates the wrong-headed nature of the conversation. It’s like arguing over the options on a car before you’ve chosen the model.

The problem is that nobody is actually talking about the mechanics. Sure, you have a couple of people griping over MMP versus ranked ballot, but nobody is talking about the bigger picture. There is no obsession about design mechanics – it’s all been about feelings and “fairness,” and this fantasyland notion that somehow parties will be forced to be more cooperative under whichever system is eventually chosen (which is utter tripe) or that voters will somehow turnout more (also tripe), and nobody talks about what it means that you are no longer voting for an MP in a direct and meaningful way that gives them direct agency. Mechanics matter, and nobody is discussing it, so I don’t know where this prof is getting the idea that there’s an obsession with it.

The focus of these town halls should be on what values matter most to Canadians in an electoral system. I think citizens care less about the allocation of seats than they do about how each system embodies principles such as accountability, fairness, simplicity and inclusiveness.

Wait – how much ink has been spilled to date over the allocation of seats? It’s the very first thing that the sore loser brigade starts whinging about. So yes, apparently Canadians do care about it insofar as they misunderstand how the current system works and are being told that it’s unfair based on the fantasy number of the popular vote (which we’ve already established is not a real number). Also, nobody is talking about what actual accountability means (like being able to turf a government) rather than the fuzziest of notions about your MP responding to you as a voter. And there’s that “fairness” word again, which is that emotive word that people whinge about without understanding how the system works – just that the party they support didn’t get as many seats as they feel they deserved, based on numbers that don’t exist in reality.

Should an electoral system offer greater voter choice, create effective parties, be simple and practical or offer fairness of representation? These are ideals that both reformers and non-reformers can rationally discuss without getting lost in the weeds of how votes are transferred under single transferable vote.

And here we get to the part where we apparently want a discussion about unicorns, because that’s all these ideals are. Everyone wants a magical electoral outcome, but they don’t actually understand how the system works now, so this is all about wish fulfilment and fantasy projection. This is why a discussion about mechanics matters. We can talk values until doomsday, and it will be worthless because unless you have a solid conception about what your vote actually means from a mechanical perspective, then it might as well be pixie dust.

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Roundup: Automatic disqualifiers

It has been talked about before on this blog, and will probably be talked about again, but the selection process for those 19 vacant Senate seats is now open, and the process allows people to nominate themselves if they so choose. There’s a good piece about this and how it contributes to selection bias in the appointment panel, but the head of said panel insists that they are reaching out to all manner of groups to get names to consider but they are using the individual application process to help broaden the search to ensure that they don’t miss out on anyone who is worthy of the job. Of course, self-selection should probably be considered as criteria for elimination off the start – usually it tends to indicate a particular over-inflated sense of self (and yes, I do know of a couple of people who have been looking to get their names submitted as part of this process, and yes, they are a bit narcissistic), and a betrayal of what a Senate appointment should be about. Really, it should be about a way of contributing to public service when one’s career is winding down, and of being able to contribute to the public dialogue given a particular perspective. It’s almost like a form of recognition for doing good work over a lifetime, and being given an opportunity to give back a little more (because really, the salary isn’t as generous as people like to portray it as, given the amount of work that tends to be involved). It’s always been a bit contentious when prime ministers appointed people in terms of their age and place in their career. Some, like Chrétien, tended to appoint them too old so that they only had a short time to contribute, which hurts the ability to have the Senate serve as a chamber of institutional memory and longer-term vision. But sometimes they appoint people far too young – Harper’s appointment of Patrick Brazeau being but one shining example of how poor of a choice that really was. Let’s hope that this is one of those considerations that the independent panel becomes a bit more cognisant of as they move ahead with this next phase of their task.

Meanwhile, here’s a look at the Senate’s revamped communications effort and the team they’ve assembled to do the work, which is moving away from bland and safe to being more response and proactive in reaching out to showcase the work of the Senate and of individual senators.

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