Tag Archives: Cyber-security

Roundup: An imaginary crisis

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The summer hearings of the electoral reform committee have ended, and now they move to cross-country hearings before they begin their deliberations. The optimistic among them think they can achieve consensus. The remarkably optimistic insist that it’s going to be some form of proportional representation. And the Conservatives say that any consensus would be contingent upon a referendum, while some Liberals say that if they can get consensus there would be no need for one. So, with any luck, that means it’ll all go down in flames. That said, there was still more eye-rolling testimony yesterday that should be commented upon.

There’s this existential drama going on where a Liberal MP on the committee noted that they’re not in a crisis situation, so is this the best time to have the debate, and Elizabeth May, true to form, prompts a witness to say that we should change the system now before there’s a crisis. But what crisis are we talking about?

This I can’t figure out. We’ve had 149 years post-Confederation of free and fair elections, and reasonably good governance, and do I keep needing to remind everyone that the system isn’t broken? Because it’s not. And people who tend to talk “crisis” have been the ones from whom that crisis is that the party they favour didn’t win. “Oh, but Stephen Harper!” the exclaim. To which I remind them that he wasn’t a Bond villain. Yes, he bent the rules of Parliament to their breaking point, but that had absolutely nothing to do with our electoral system and everything to do with all of the other tinkering that we’ve done to our system in the name of making things “more democratic,” like changing the way we select leaders. Harper had a “democratic mandate” from his party members, the cachet of having united the party, and an immense amount of goodwill among the party members for that. But he was also unchallenged by his own party members for his going too far and his excesses because the party members let him, in large part because of civic illiteracy on their part in not knowing they had agency enough to push back, and their accountability measures having been weakened by successive generations of ways in which people tinkered with the system. This whole electoral reform exercise is just tinkering with the system on a more massive scale, and I have zero confidence that things will end up better because (to quote Colby Cosh), it’s a contrived moral panic over a solution in search of a problem. There is no crisis. There will not be a crisis, and it will certainly not be over the perceived legitimacy of a so-called “false majority” (which doesn’t exist because it’s a sore loser term to try to make a Thing out of a logical fallacy). The crisis is one of civic literacy – not the electoral system. Attempts to cast it as such are disingenuous in the extreme.

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Roundup: To give or not to give Sophie resources

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At his session-ender press conference, Trudeau highlighted three carefully chosen accomplishments, gave no additional clarity on the missing and murdered Indigenous women file, and didn’t commit to an open process for fighter procurement. All of that was par for the course, given that it was a lot of back-patting, but also a reminder that there is still a lot of work ahead, and he doesn’t want to look like he’s patting himself on the back too much. What I found more curious was in response to a question that he said that his wife, Sophie Grégoire Trudeau, should be able to have resources to carry out the duties that she has set about to undertake, but that he also doesn’t want to create a formal role for prime ministerial spouses going forward so that there is no obligation for the future. There is a certain amount of sense to this position, but it’s a very fine line to walk. Currently, she has one assistant and is given help from PMO staff on an ad hoc basis, as needed. Speculation with the staffing changes made to the household, particularly around nannies, has to do with creating space on the staff for an additional assistant for Grégoire Trudeau, but we have yet to see that materialise. None of it answers the specific existential question however on the role that prime ministerial spouses play. The reluctance to create an official position is a good instinct to have, especially because it bears reminding again and again that we are already a constitutional monarchy, and we have a royal family to take on these particular roles. In fact, the GG and his spouse also take on these kinds of feel-good roles in the absence of a more present royal family, which leaves very little room for a prime ministerial spouse to take it on. What they have to trade in – particularly Grégoire Trudeau – is a kind of celebrity status, especially as the previous few prime ministerial spouses haven’t had much in the way of a career of their own, and for Grégoire Trudeau, it has become her career to be a public speaker at events and for particular charity groups – and there’s nothing wrong with that. It nevertheless makes for a sticky situation with who pays for the help that such a career entails, particularly if it becomes an important optical consideration that she not be paid for the work (and if she were paid, even on a cost-recovery basis, one can already imagine people hissing “how dare she!” on accepting money from charities no matter that it’s the cost of doing business and standard practice). So we are between that proverbial rock and hard place. I don’t have a solution to offer either than to say that there is no winning, and it now becomes a way of finding the least unpalatable option, and that may wind up being what Trudeau is signalling – resources but the explicit rule that this is not formalising the role in any way. His reminding people that we have a royal family for these kinds of things wouldn’t hurt either so that we can stop this constant “First Lady” talk.

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Roundup: Expenses arbitration comes back

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At long last, former Supreme Court Justice Ian Binnie’s report on his arbitration of Senate expenses was released yesterday, and it should come as no surprise to anyone paying attention that the amounts that many of those senators owed was slashed by a considerable amount. (For others, not so much, but we’ll get to that in a moment). Why? Because in the course of his audit, the Auditor General and his staff made a series of value judgments as part of their report, particularly in instances where senators added personal businesses to Senate-related travel, or when spouses travelled with them. Binnie re-evaluated those claims with more information and a broader mindset and found that indeed, many of those claims were actually reasonable, and he let them go through, cutting the demanded repayments significantly in many cases. In other cases, notably Senator Colin Kenny, he remained unconvinced and ordered them to make their repayments with little or no reductions in the amounts owing. After saying that he wasn’t hired to look into motives of these Senators, he did admit that he felt that for the most part, nobody was actively trying to game the system, but that there were some disagreements in how rules were applied. An interesting turn of events is the fact that Senator Dagenais plans to launch a complaint against the AG for the way in which the audit was conducted, which has most pundits and journalists aghast, because they like to think that the AG can do no wrong (when that is obviously not the case, particularly if one starts digging into some of the value judgments made in the Senate audit). The AG’s response to Binnie’s report was that he thinks that the Senate still needs to follow up on all of his recommendations, including the external oversight body, but I will again raise the point that an external body is a violation of parliamentary privilege, and that the institution needs to be self-governing. This is not a technocracy, and the suggestions by some of an audit committee that is still majority Senate-controlled is a far more acceptable solution. The other bit of interest was the way in which he, intentionally or otherwise, blew holes in the defence offered by Mike Duffy’s lawyers, that the Senate was this lawless and inscrutable place that would have anyone confused. Nonsense, said Binnie – there were rules that mostly required a bit of common sense in their application. One wonders if this is something that Justice Vaillancourt will take note of as he deliberates on Duffy’s fate.

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Roundup: Prairie drama queens

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Finance minister Bill Morneau was in Calgary yesterday as part of his pre-budget consultations, and while listening to the questions during his televised press conference after the meeting, I am forced to wonder if Albertans aren’t trying to be Confederation’s biggest drama queens about their current economic woes (and yes, I say this as a former Albertan). You’d think that the province was actually disintegrating, but if you look at their numbers, their unemployment rates are only now reaching the national average (around 7 percent), and those that are employed (being the vast majority) are making more money in those jobs than the national averages. Yes, their provincial budget has a huge hole blown through it with the fall in oil revenues, but it’s nothing compared to what Newfoundland & Labrador’s budget hole is looking like with their own oil shock. Meanwhile, I don’t hear the pundit class bemoaning the job losses in that province, or people threatening their premier (though he’s been on the job only a couple of months). People were asking Morneau about extraordinary funding mechanisms outside of equalisation, and while he demurred on answering most of it, I am reminded of the usual Twitter snark of some economists like Mike Moffatt, who quite rightly point out that nobody would have even contemplated the kinds of bailouts for southwestern Ontario when their manufacturing centre crashed the way you hear about what they’re demanding for Alberta. The other problem that the loudest of critics (especially Kevin O’Leary) can’t seem to grasp is that there is a global supply problem with oil – there’s too much in the market, which has depressed prices. What exactly can Alberta’s provincial government do to prop up the sector when there’s already too much supply in the market? Even getting that oil to tidewater would just be adding even more to the global supply chain, which one would imagine wouldn’t help with the depressed prices. Supply and demand, and all of that. Yes, it’s a challenge, and it’s a long-term one that’s rearing its head now. Yes, there is a need for some bigger transformation initiatives, and the provincial government is looking to make changes, and I’m sure the federal government will try to get in on that action, but transitions are difficult things. There are going to be hard periods ahead, but simply demanding federal handouts and calling for Rachel Notley’s head aren’t helping matters.

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Roundup: Winds of change in the Senate

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Interesting things are afoot in the Senate, with a number of new motions and bills introduced that could change the way it operates in the future, as well as debates on operations. It’s been pretty fascinating so far, and so far we’ve had:

  • Senator Housakos’ point of privilege on the lack of a Leader of the Government in the Senate;
  • Senator Carignan’s motion to call ministers to answer questions in the Chamber;
  • Senator Mercer tabling a bill that would amend the constitution to allow Senators to elect their own Speaker (and yes, this is the easiest amending formula);
  • Senator Wallace leading a debate on committee memberships and how they’re determined.

It’s all very interesting, and there has been some spectacular pushback on the facile notion by some senators that only partisan senators can be effective. There will have to be a great number of rule changes that will have to be debated by the Senate, and in particular the Rules, Procedures and Rights of Parliament committee, whenever it is formally struck (which should be very shortly). Some of those changes will have to be the determination of funding for the Senate Liberal caucus as they are not the government caucus, nor are they the opposition caucus (no matter that they currently sit on the government side, more out of convention than anything). Part of the discussions that were had in response to Senator Housakos’ point of privilege are that Question Period did not enter into the Senate until 1979 (ETA: This is disputed. Senate rules dating to 1969 include it, as does a 1916 edition of Bourinot. Thanks for the corrections), and that independent Senators have chaired committees in the past. These are all matters that will remain up for discussion, but the process of internal change in that Chamber is already upon them.

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Roundup: A moratorium courting constitutional crisis

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Without going too deeply into this (something I’ll save for later), Stephen Harper decided that his best way to “differentiate” himself on the Senate was to flout the constitution, and declare a moratorium on any future appointments. There are already 22 vacancies in the Chamber – a full fifth of its complement, and more than any in history. It’s unconscionable, because there are supposed to be 105 senators, and not a maximum of. It’s a complete abrogation of the compromises made by the Fathers of Confederation, and furthermore, it’s also flouting the decision of the Supreme Court who said explicitly that the Senate has a role with sober second thought. That role is already being compromised because they’re having trouble filling committee seats, and this is a very serious problem. On the one hand, this official declaration of a moratorium is a gift to Vancouver lawyer Aniz Alani, who has launched a challenge in Federal Court to get a declaration that the Prime Minister is obligated to make appointments as they happen. It’s also courting problems with federal-provincial relations for a couple of reasons – one is that Harper is now attempting to do through the back door what he won’t do from the front door (again), and he’s using a childish tactic of throwing this problem into the laps of the premiers to come up with some kind of solution without him. It also highlights that there is again a choice for voters in the election – you can vote to keep in a party whose leader flouts the constitution and the Supreme Court; one who promises to do the very same while chasing the pipe dream of Senate abolition; and one who has promised concrete and constitutional measures to reform the appointment process in the same way that Harper did with vice-regal appointments. Oh, and in case you were wondering, if the courts declare that a Prime Minister has a constitutional obligation to make appointments as they happen – and that’s pretty much guaranteed – and the PM still refuses to, we’re into constitutional crisis territory where the Governor General will have the very real need to dismiss said PM. This is what we’re courting here. It’s not a trivial matter.

https://twitter.com/aaronwherry/status/624675200358055936

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Roundup: Fill in the blanks

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None of what happened with the Amherst branch of the Royal Canadian Legion announcement yesterday was out of the ordinary or unexpected, but it was one giant confirmation of what we are seeing daily in the debasement of our politics. Conservative MP Scott Armstrong mistakenly sent out a press release that still had all of the track changes, and it showed very clearly that it was a fill-in-the-blanks job. Because gods forbid an announcement was made that wasn’t pabulum. Pretty much all political speech has become this – checklists of talking points that need to be ticked off in whatever the context. Giving a members’ statement? Here are the talking points you need to say – or better yet, here’s the fill-in-the-blanks statement we’ll hand to you. Going on a panel show at 5 o’clock? Here are the lines you can deliver, and the slogans you need to recite. The funny thing is, I’ve met MPs who’ve gotten media training – which they paid for out of their own pockets – and they can do without all of this box-checking, blanks-filled-in pap that they would recite otherwise. But those MPs made the choice to not do what their fellows were doing, and proved they could speak on their own without sounding like a babbling idiot. But most MPs don’t take the time to learn how to speak in public, or in the media, or how to write a speech on their own. It’s mostly just a handful of veteran MPs who can do it these days, and that doesn’t bode well for the future seeing the number of incumbents who aren’t running again. Unless MPs start to do something about their own situation – or better yet, voters demand that they do – we’ll wind up with a parliament of MPs reading more of these scripts like robotic simpletons.

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Roundup: Good questions about Trudeau’s proposals

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There have been a few good responses to Trudeau’s big announcement on Tuesday, including by Emmett Macfarlane and to an extent Andrew Coyne (though I have some respectful disagreements on points he’s made). But two of the best came in the form of Twitter essays, so I’m just going to post them here for your benefit, because they were that good.

https://twitter.com/jandrewpotter/status/611170331756138497

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https://twitter.com/jandrewpotter/status/611173665888010240

https://twitter.com/EmmMacfarlane/status/611187983883083776

https://twitter.com/EmmMacfarlane/status/611188306441842689

https://twitter.com/EmmMacfarlane/status/611188371168305152

https://twitter.com/EmmMacfarlane/status/611193729186156544

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Roundup: The AG’s unchecked power

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As we continue to sort through the aftermath of the Senate audit, one of the more distasteful things that I’ve come across is this sneering narrative that senators are insufficiently grateful to the Auditor General for the work. I’m not sure why they should be, considering that in many of the responses posted by those who are sending their questioned expenses to arbitration is that the auditors in question ignored their evidence or arguments and made value judgements with no real understanding of parliamentary business. Add to that the leaks to the media and their being painted with the brush of criminality, it’s no wonder that they don’t feel like showering the praise. More disconcertingly, however, is the narrative that the Auditor General can do no wrong. We’ve heard this not only from the pundit class, but also the NDP in their sanctimonious mischaracterizations of the results of the audit results, and the general excuses that “who are the public going to believe – the auditors or the senators?” In other words, rather than owing any deference to our parliamentarians, as was once the case, we now give it to an unelected and unaccountable officer of parliament, who wields an increasing amount of political influence whether he seeks it or not. This should be disconcerting to people, because nobody is infallible, and yet we treat the AG as though he were. His report on the Senate audit says point blank that these are not just cold hard facts – they had to exercise their professional judgement, and that is putting them at odds with some of those senators. That it doesn’t seem to enter into the conceptions of people that he could be wrong, that his professional judgement may have been on the wrong track when it comes to what could constitute parliamentary business for a senator – whose role in the community is different from that of an MP – is a problem. This much unchecked and unquestioned power is a fairly dangerous political power, and we should be asking more questions. As it stands, We The Media are the only ones who can hold the AG in check, and we shouldn’t give him a free pass, no matter how much the office has attained folk hero status. (Incidentally, one former AG says the price tag for auditing MPs would be so high as to be a waste of money, so there you go).

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Roundup: The galling abuse of the Information Commissioner

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The Information Commissioner is very unhappy about the government’s move to retroactively change the law to protect the RCMP for destroying gun registry records despite promises to her office that they wouldn’t in order to fulfil Access to Information requests. That the RCMP broke the law by destroying the information, and the government is protecting them by retroactively changing the law and putting that change in the middle of the omnibus budget bill, sets a very bad precedent, she warns, and she’s right. While the government wanted the long-gun registry data destroyed for political purposes, there was other information of value in the data that wound up being destroyed that had little to do with any future attempts at recreating a registry – something the Conservatives have long been afraid of, and are pressing for the hasty destruction of data to impede. And the way she characterises this is genuinely frightening – that they are backdating changes to the law to make something legal after a finding of wrongdoing. She uses the example of the Sponsorship Scandal – what if the Liberal government of the day retroactively changed the law so that the Auditor General was ousted from her jurisdiction after the fact. It’s unconscionable. What’s even more galling is the way that the prime minister is shrugging this off as just “fixing a loophole.” No, it’s not. It’s wilfully undermining the Commissioner and her ability to do her job, which this government has already made nearly impossible through starving her office budget and wanton disregard of their obligations under the Access to Information regime. All while they call themselves “open and transparent.” It’s grotesque, abusive, and in violation of their obligations as the government of the day. And if anything is any more upsetting about this situation, it’s that the opposition parties were too busy electioneering in QP instead of raising bloody hell about this issue – the Liberals not asking until nearly the end, and the NDP not raising it at all. Thanks for doing your jobs in holding this kind of unconscionable behaviour to account, MPs. Gold stars all around.

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