This is the week that Parliament returns, and we’re already getting a hint of what it’s going to look like, with clues from Government House Leader Dominic LeBlanc as to the agenda. According to The Canadian Press, LeBlanc’s plans are for the Commons to sit for one week in order to move a motion on the tax changes the government plans to make (I’m guessing it’s a Ways and Means motion), and there will be a move to reconstitute the Procedure and House Affairs Committee, as well as Finance Committee, in order to get the ball rolling on procedural changes in the former, and pre-budget consultations in the latter, but leaving other committees to start up in the new year, and likely with more resources and staff in order to help make them more independent – all good things. While I remain sceptical about the proposed changes to make the Prime Minister only show up once a week in Question Period (as I outlined here), at least they are providing the framework for the discussions to happen before Parliament really gets into the thick of it. Thus far, there have been no decisions made about what’s happening with the Senate, which is starting to get a bit bothersome, particularly as it relates to either choosing a Speaker or a Leader of the Government in the Senate, and word has it that the Senate is likely to end up cancelling its Question Period altogether (which would be a tremendous shame considering that it’s a far better debate than what happens in the Commons). As for other items on the government’s democratic reform agenda, Léonid Sirota isn’t sure that some of them – like mandatory voting or limiting third-party spending outside of a writ period – will pass the constitutional muster.
Tag Archives: Democratic Reform
Roundup: Nonsense parliamentary suggestions
It’s not just the Senate bat-signal I see in the sky, it’s also the Parliament bat-signal as a whole. Starting with the Senate, one of those so-called “Senator-elects” in Alberta writes a baffling column about “restructuring” the Senate to better reflect regions, while moaning about how Alberta’s oil industry isn’t getting the same help as the auto industry would when being faced with job losses. I’m not quite sure what he’s trying to get at, but the thing with the traditional moans about “Western alienation” and hoping that cockamamie schemes like a “Triple E” Senate is that it would do precisely zero to counter the problem, particularly as the problems they’re trying to fix generally can’t be solved by the Senate in the first place. Moving along, former NDP MP and former democratic reform critic Craig Scott pens a gong show of an op-ed about changing the Office of the Speaker in the Commons, supposedly to better insure its independence but it comes off pretty much as the sour grapes of third party grumbling that it really is. Giving the Speaker all kinds of new powers with no real checks on them? Giving him or her the independence to rule with an iron fist despite the real threats inherent within Responsible Government? Plus a bitter kick at the protocol position of the Senate Speaker? It’s incoherent nonsense. Speaking Speakers, outgoing Commons Speaker Andrew Scheer has some thoughts about reforming Question Period, most of which make more sense than what Scott had to say. I have a column out later today that picks up on these points, and I promise you it’ll make far more sense than Craig Scott’s rambling.
#WBIT https://t.co/ZeGazy0jnY pic.twitter.com/81pmkXXtuS
— Dale Smith (@journo_dale) November 24, 2015
Because seriously, if this is the state of the democratic reform debate, this is pretty much the state of play: pic.twitter.com/IeeA3oaYnO
— Dale Smith (@journo_dale) November 24, 2015
Roundup: Another reboot report
Yesterday saw the release of yet another expert report bemoaning all of our democratic woes, and proposed a handful of would-be solutions – or would be, if they actually bothered to correctly diagnose the problems they bemoaned. This time, it was the Public Policy Forum, and they have a pretty eminent list of people who compiled the piece. The problem was, while enumerating their grievances with our parliamentary system, they didn’t look at causes, and hence plan to treat symptoms rather than causes. “Restore cabinet governance” you say? Great! But no look at why the centralisation got more pronounced and how to fix the underlying reasons why. While their solutions regarding the public service and ministerial staffers are all well and good, their discussions around the committee system in the Commons stuck in my craw a bit. According to the report, we have too many committees, which is absurd considering that some of the busier committees don’t have the time to actually study a lot of bills with a reasonable number of witnesses getting reasonable turns to answer questions. So give them more work? Hmm. They want the whole Commons to vote on committee chairs instead of the committees themselves, like with the Speaker, but neglect to mention that this has bred its own particular set of problems in the UK, where this is the norm, where those chairs are becoming problematic personalities who have become somewhat untouchable when they start breaking rules. Their particular suggestions that committees not be bound by the parliamentary calendar is also a bit specious considering that they already have the power to meet when Parliament isn’t sitting, but those MPs tend to see the value in being in their constituencies during said periods when the House isn’t sitting. Give them more resources and staff? Certainly – they could do that tomorrow if they wanted, but it’s not because there are too many committees to do it adequately. And despite all of these suggestions, not one of them touches the underlying problem that the vast majority of MPs get elected without knowing what exactly their job is or how to do it, and what their responsibilities are once they get a committee assignment. But does this report once talk about better educating and equipping MPs themselves? Nope. So while it’s a valiant effort, perhaps they need to actually look at the forest for the trees.
Roundup: Campaign autopsies in full swing
Not that we’ve had a day to catch our breaths (more or less), the campaign post-mortems are beginning, especially from the Conservative camp. Things are starting to leak out, such as this gem from the Conservative camp, which tells about their considering and ultimately rejecting the Hail Marry pass of having Harper say that he wouldn’t run after this campaign. It also tells of the Conservatives trying to offer advice to the faltering NDP campaign about how to attack the Liberals, lest the Liberals win out over both of them, and lo and behold, they did. Ron Liepert – a former provincial cabinet minister who turned federal to take out Rob Anders at the nomination race – talks about a campaign where the central party wasn’t respecting the local candidates or listening to their concerns on the ground. Andrew Coyne writes that the party defeated itself with a “deep, unrelenting, almost poisonous cynicism.” Not surprisingly, Conservatives like Michelle Rempel are questioning the tone of the campaign. As for the NDP, they are starting their own process, but some, like now-former MP Craig Scott, are less gracious in defeat.
https://twitter.com/acoyne/status/657050622504472576
https://twitter.com/acoyne/status/657050927812075520
Roundup: Stacking the panel
The government has unveiled how they’re going to respond to the Supreme Court’s ruling on doctor-assisted dying, and it could not be any more spineless if they tried. Having first ignored the issue in Parliament for decades, they waited for the courts to tell them to do something, and by something, they decided to appoint a three-person panel to hold more consultations and come up with recommendations. In other words, outsourcing their response. But wait – it gets better. Two of the three members of this panel are opponents to doctor-assisted dying, and testified on the government’s behalf during the court cases. The third member, a former Quebec cabinet minister, is vested in the issue of provincial jurisdiction. In other words, the government has decided on the outcome they want, and stacked the panel in such a way as to deliver it. We shouldn’t be surprised by this response, considering how closely it mirrors what happened with the Bedford decision on prostitution. Rather than actually heed the decision and what it said about safety and security for sex workers, the government stacked their consultations in favour of opponents and religious institutions, dismissed as much expert testimony as they could in committee hearings, and drafted a bill that substantively does not change the situation for those sex workers when it comes to their safety, and will in fact just drive the industry further underground by criminalising buyers, and all the while touting that they were listening to the responses from their consultations. Watching them do the same with the assisted dying issue is proof positive that this is a government that refuses to make any hard decisions. (On a related note, here’s an interesting analysis of the Court’s decision in the case from Michael Plaxton and Carissima Mathen).
The government has announced their panel to deal with the Carter decision. #SCC #AssistedDying #cdnpoli pic.twitter.com/n3KyOaKc3L
— Dale Smith (@journo_dale) July 17, 2015
Roundup: Disappointed or not, the Senate did its job
With Bill C-377 now passed thanks to procedural strong-arming that sets terrible precedent, the Senate has now adjourned for the summer. In the wake of the bill passing, there we are yet again being bombarded by the howls that the Senate didn’t do its job because it didn’t defeat a bill that clearly has some questionable constitutional merits. Never mind that if the Senate had voted to defeat the bill, they would have equally been lambasted for not having the democratic legitimacy to do so. As an institution, they are forever damned if they do and damned if they don’t. But even though the bill has passed, the Senate did its job. Agree with it or not, former Supreme Court justice Michel Bastarache did testify at committee that he thought the bill was constitutional, and that’s not meaningless. As well, the fact that the bill got far more debate and scrutiny than it got in the Commons means something. Remember that in the Commons, private members’ bills are limited to a mere two hours of debate at each stage, and rarely get more than that at committee. Because the Senate took far longer with this bill, all of the problems are on the record. That will mean a whole lot when this goes to the courts, and it will – several unions are already promising immediate challenges. The courts will go over the records of debate at the Senate and see all of the problems laid out for them, and it will inform the decision. The courts will be well within their power to strike the statute down if they continue to believe that it’s unconstitutional, or they may strike down certain parts of it if they feel that only part of it is problematic. None of this means that the Senate was asleep on the job. They gave it thorough debate and scrutiny. While many will be disappointed that the bill ultimately passed (because the PMO was using this bill as a government bill in sheep’s clothing), they did their jobs. And hey, a bunch of other terrible PMBs died on the Order Paper, so it’s not all bad news.
Senators Nancy Ruth, Wallace and Bellemare voting against 3rd reading. Senator Black abstains. #C377 #SenCA
— Dale Smith (@journo_dale) June 30, 2015
#C377 passes 35-22, 1 abstension. #SenCA
— Dale Smith (@journo_dale) June 30, 2015
The Senate has adjourned to Tuesday, September 22, 2015. pic.twitter.com/a54sWW8vpi
— Senate of Canada (@SenateCA) June 30, 2015
Roundup: Good questions about Trudeau’s proposals
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
https://twitter.com/jandrewpotter/status/611170765392642048
https://twitter.com/jandrewpotter/status/611171120985706496
https://twitter.com/jandrewpotter/status/611171784683991041
https://twitter.com/jandrewpotter/status/611172117275521025
https://twitter.com/jandrewpotter/status/611172270812205056
https://twitter.com/jandrewpotter/status/611172430577471489
https://twitter.com/jandrewpotter/status/611172648702193664
https://twitter.com/jandrewpotter/status/611172838297329665
https://twitter.com/jandrewpotter/status/611173239570608128
https://twitter.com/jandrewpotter/status/611173399008706560
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
Roundup: Some laudable goals, and a lead balloon
The writs might as well have been dropped for the kinds of campaigning that was going on yesterday – Trudeau in Ottawa, and Mulcair in Toronto. While Mulcair largely reheated past statements about support for the manufacturing sector (not that he spelled out what that support means) or lowering small business taxes (of the kind that could actually help out whose wealthy Canadians who incorporated themselves for tax reasons), it was Trudeau’s package of announcements that got the big play. The package included 32 measures for “real change” to bring more openness and transparency to government – a familiar song and dance, but there were some pretty laudable concrete proposals in there, around things like Access to Information, improving service standards at CRA, or repealing this government’s “fair” election laws. The part that got everyone talking – and my head exploding repeatedly – was Trudeau signing onto the electoral reform bandwagon. While Trudeau was talking about consultations and then legislation within eighteen months, the fact that he’s buying into the completely and demonstrably false notion that votes don’t count under our current system (in fact, they not only count but all count equally) is disheartening – particularly after he spent his leadership campaign talking about how he didn’t believe in PR systems (as opposed to Joyce Murray, where that was a central plank for her). Without turning this post into a denunciation of electoral reform, let me simply say that it’s false to say that votes don’t count now, and that changing the system will simply replace one set of problems – or perceived problems – for a whole new set of problems. There were so many other laudable proposals in his platform, one or two duds excepting, that it’s too bad that this one particularly bad one sucked the air out of the rest of it all. If he want’s “evidence based policy,” then perhaps he should reconsider this particular promise. Paul Wells writes about the earnestness of it all, with some historical perspective for good measure.
Liberals are now using "Ottawa is broken."
No. Just stop. pic.twitter.com/CQMdpoeIL5— Dale Smith (@journo_dale) June 16, 2015
Oh FFS – every vote already counts *equally*. Why is this such a hard concept to grasp? #cdnpoli pic.twitter.com/E2skdjI5fo
— Dale Smith (@journo_dale) June 16, 2015
QP: Counselling illegal behaviour
It being a Tuesday, Stephen Harper was present for QP, a rarity these days — it’s too bad that neither Jusin Trudeau was (despite being in town but apparently had a thing with his children), nor Thomas Mulcair (who was giving a speech in Toronto). Megan Leslie led off, bemoaning the economic situation the country finds itself in. Stephen Harper disputed her, praising the post-recession job creation record. Leslie noted the drop in manufacturing numbers, using it to plug Mulcair’s speech, but Harper repeated his previous points. Leslie tried again, but Harper insisted that the NDP were only at the mercy of big union bosses, and that brought economic ruin in Europe. Peter Julian then picked up, and wondered why the government was allergic to democracy and the facts. Stephen Blaney responded, saying that the “group in question” supports a terrorist organization, and a second round in English went exactly the same. Ralph Goodale led for the Liberals, condemning the government for “counselling illegal behaviour” when it came to the destruction of those gun registry records. Harper insisted that the RCMP acted on the will of parliament, and that the Liberals simply wanted to revive it. Goodale ripped into him for the response, but Harper more forcefully repeated that it was the will of parliament, and that the Liberals hated farmers and duck hunters. Stéphane Dion took another kick at it in French, going after the retroactive legislation burried in the omnibudget bill to protect the RCMP, but Harper would not change in his talking points.
https://twitter.com/aaronwherry/status/610876361096495104
Roundup: Find a new narrative for Mulcair
Michael Den Tandt writes that Thomas Mulcair is the most effective parliamentarian that we have today – which makes me weep a lot, mostly because it simply isn’t true. Den Tandt focuses on the three main party leaders, and tries to rate them on performance versus the attention that they get, and his thesis is that Mulcair may be the most effective but gets least attention for all manner of reasons. But in his construction of said premise, he gets a few things wrong. For one, he claims that Mulcair ditched his speaking notes, which is absolutely not true. What Mulcair did was ditch the mini-lectern on his desk, but not until the heyday of Duffy questions, which really was Mulcair’s moment. It was his “prosecutor-in-chief” moment, which lasted for about two days, and then petered out, and he has yet to re-create the moment or the energy since. He still has his notes – they’re just on his desk, and he still reads from them, and it’s evident in both the tone and substance of his questions – particularly as he rarely asks direct follow-ups, and may not ask a follow-up until 20 minutes later in QP, or not at all until the next day. The problem remains that much of the commentariat remains fixated on this vision of Mulcair as “prosecutor-in-chief” and “best performer in the House” even though it was a two-day experience that has not been repeated since. Of course, they don’t attend QP and one isn’t sure how often they watch the forced perspectives on CPAC, so they can stick with this image and not have it shaken by daily exposure to what Mulcair is really like as a performer. And there are far better parliamentarians as a whole – those who show up for debates, fully researched and able to speak off-the-cuff, to ask or take questions, and to do more than simply read speeches into the record. They’re few and far between, but they do exist. Mulcair is not one of those MPs – not by a long shot. But somewhere along the way, those couple of days during the Duffy heyday has given pundits a narrative that they refuse to be shaken from. And it makes me sad that after watching Bob Rae wipe the floor with his opponents during QP for nearly two years, for whom Mulcair was a non-entity in comparison day in and day out, that his far superior performance is so easily forgotten.