Roundup: Divisions of Power at the Council

With the Council of the Federation meeting today in Edmonton, they had a pre-meeting yesterday with some Indigenous leaders – others having opted not to join because they objected to it being “segregated” from broader Council meeting. While I can certainly see their point that they want to be full partners at the table, I have to wonder if this isn’t problematic considering some of the issues that the Council has to deal with – NAFTA renegotiations, inter-provincial trade, marijuana regulations – things that don’t really concern First Nations but that premiers need to hammer out. Two groups did meet – the Congress of Aboriginal Peoples (which generally deals with off-reserve and urban Indigenous Canadians) and the Native Women’s Association of Canada, citing successful talks, while the Assembly of First Nations, Inuit Tapiriit Kanatami, and Métis National Council stayed out of it.

While I’m sympathetic to these Indigenous groups’ desire to have full-fledged meetings with premiers, I’m not sure that the Council is the best place to do it, because they’re not an order of government so much as they’re sovereign organisations that have treaty relationships. While some of their concerns overlap, they don’t have the same constitutional division of powers as the provinces, so a meeting to work on those areas of governance can quickly be sidelined when meetings stay on the topics where areas do overlap with Indigenous groups, like health or child welfare, while issues like interprovincial trade or harmonizing regulations would get left at the sidelines as they’re not areas in which Indigenous governments have any particular constitutional stake. And yes, we need more formalized meetings between Indigenous leaders and premiers, I’m not sure that simply adding them to the Council achieves that, whereas having separate meetings – as was supposed to happen yesterday – would seem to be the ideal forum where they can focus on issues that concern them. Of course, I could be entirely wrong on this and missing something important, but right now, I’m struggling to see how the division of powers aligns in a meaningful way.

Oh, and BC won’t be at the Council table as NDP leader John Horgan is being sworn in as premier today, even though he could have scheduled that date earlier so that he could attend (seeing as this meeting has been planned for months).

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Roundup: Constituent consultation

In another instance of MPs breaking ranks, Conservative MP Scott Reid bucked the party by opting to vote to send the marijuana legalization bill to committee on second reading. Reid notes that he has favoured legalization since 2000, and it also didn’t escape anyone’s notice that his riding is home to a major medical marijuana factory which is also looking to scale up for the recreational market.

Of course, Reid is putting this with conditions, which is that he wants amendments to the bill at committee, which includes raising the legal age to 21 (because that will totally help kill the black market), and allowing communities to maintain their own prohibitions (again, good luck with the black market). More interestingly is the fact that Reid is promising a “constituency referendum” on whether or not he should vote for the bill at third reading.

It’s this referendum that I have questions about, but Reid points out in his statement that he has done this thrice before, so I’m not sure by what method he did (phone poll? Online voting?) and it’s more indicative of the Reform Party era where this sort of thing was promised a lot, and then rapidly fell into disuse because it’s not easy to organize, especially on a consistent basis with the volume of legislation that can pass through the Commons in any given session. Nevertheless, it’s novel and likely riddled with problems, and I’m not sure I would want to see MPs doing it on a regular basis because part of why we elect them in the way we do is for their judgment in a representative democracy. But…it’s novel.

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Roundup: On foreign money in federal elections

Yesterday I mentioned a certain moral panic disguised as “journalism” authored by former Calgary Herald opinion editor Licia Corbella when it came to accusations about foreign money trying to influence the 2015 election. Anyone reading the piece should have clued into the fact that it was a hit-job, from the sympathetic portrayal of Joan Crockatt, the lack of corroborating evidence, the one-sided sources, oh, and the fact that it repeated the canard that the Tides Foundation was some kind of influence clearing house without actually digging into those numbers beyond their top-lines. And too many outlets ran with the story as is on the first day, and really only started to question it yesterday. VICE did a pretty good takedown of the claims, and when some of the other outlets started asking questions about that “report” with the accusations, the excuses for why it couldn’t be produced were…dubious to say the least.

This notion that there is a problem with foreign money influencing elections via third parties is also dubious, and while the Commissioner of Elections said he wanted the legislation tightened during a Senate committee hearing, a former lawyer form Elections Canada disputes some of the Commissioner’s interpretation of the law.

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If more people had closely read Corbella’s piece in the first place, I think we could have avoided the pile on of hot takes that swiftly resulted on Monday. As a columnist, Corbella was a known fabulist, which is why this piece of “journalism” should have been treated with utter suspicion from the start.

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Roundup: Wrongheaded notions about party policy-making

Over at Policy Options yesterday, Stephen Harper’s former policy director, Rachel Curren, lamented the policy-making process of the Conservative Party, sighing about the fact that the majority of the leadership candidates were just retreads of Harper-era policies. But sweet Rhea mother of Zeus was her op-ed full of so many mistruths about the Westminster parliamentary system, that my head about exploded.

While Curran was disingenuous about how the Conservatives were the party of grassroots policy-making that the Liberals were top-down (that has not been the case until they changed their policy process just last year, which is a problem), the crux of her article rested on this notion that the party needed some outside policy groups or think-tanks to do the heavy policy lifting for them because they were just too cautious a group to do it otherwise.

No.

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The notion that it’s not the role of the party itself to engage in policy development, but rather to fight and win elections, is complete and utter bullshit. Likewise, it’s not up to the civil service to come up with policy either – they can offer advice and options for implementation, but political policy is certainly not their job.

It is absolutely the role of the grassroots to engage in policy development because that’s their job. Politics is supposed to be about bottom-up engagement, both in terms of policy development and in the selection of candidates (and removal of incumbents when necessary). And what utterly boggles my mind is the notion that Curran is peddling that we should take away what little power the grassroots has left and pass it off to these third-party think-tanks that can access the kind of funding that parties can’t, and have little accountability. If we take this away from the grassroots, then what good are they? Continuing the farce of our illegitimate leadership selection process to coronate unaccountable presidential figures who can then dictate top-down policy and control over the party (and if you don’t think they’re not dictating policy, then why the hell are they running on it in this gong show of a leadership contest)? These contests actively disenfranchise the grassroots (despite all appearance to the contrary), so taking away what policy powers they have left leaves the grassroots with what? Being donors with no say in what they’re donating to? How is that any way to run our political system?

This kind of stuff infuriates me because it’s not the way politics is supposed to happen. The grassroots are supposed to be empowered, and leaders are supposed to be responsive to them – not the other way around like it is now. It’s a problem and it’s one we need to fix, and hey, I just happened to have written a book all about these kinds of issues, which I would suggest that Curran read, because she might learn a thing or two.

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Roundup: Changing the face of the bench

The Globe and Mail has an interesting read about the way in which the current government is making a concerted effort to appoint more women to the bench as it (slowly) makes its judicial appointments. While the numbers of women appointed are disproportionate to the numbers that have applied, that seems less concerning to me because it has been shown that fewer women will apply to positions like these because they tend to downplay their own qualifications (just as with trying to get more women to run for public office). I also think that the justice minister has a point when she says that part of the reason for so few appointments being made from visible minorities is in part because there are too few applying, and too few in the justice system as a whole. I also look to something that Senator Jaffer said to me in a piece I wrote for the Law Times about the judicial appointments issue, which is that for many of the appointment committees, they don’t tend to look beyond their own boxes when they make recommendations, so we see fewer women and visible minorities being put forward, and that proactive approaches have been shown to be needed in the past. This government seems to be willing to go some of the distance in bridging that gap, but as always, more work needs to be done, and yes, it’s taking far too long in most of the cases.

What does bother me is the notion that by appointing women and minorities is that this is simply about quotas, and it’s the exact same things we’ve been hearing in the past couple of weeks with regards to people making their evaluations of the federal cabinet, and the quiet clucking of tongues when they go “rookie, diversity hire, not very competent.” Never mind that in many cases, much of the judging is harsh, unfair to the person or the situation they were put into, or deliberately misconstrued to present a worse picture than what actually happened (such as with Maryam Monsef). Never mind the fact that if none of these people are given a chance as rookies, they won’t actually get experience. And yes, some of them are performing poorly (and even more curiously, the ones who I think actually are having problems are the ones who are never the ones being written about). But hearing the constant quota refrain is getting tiresome to read about.

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Roundup: It’s not really a $300/tonne price

A “secret memo” has been floating around from a couple of different news organizations, which purports to claim that a $300/tonne carbon price would be required to reach our emissions reduction targets, and of course, opponents of carbon pricing are lighting their hair on fire and saying “See! The Liberals are trying to destroy the energy industry!” And so on. Except that’s not what it says. It says that if no other measures were taken, that’s what the carbon price would be, but those are the only measures we’re taking. We’re doing a bunch of things with regulations and other programmes, not to mention that carbon prices can be the incentive by which industries will innovate and look for ways to reduce their emissions as it becomes a price incentive. You know, a free market mechanism instead of the heavy hand of government regulation. Regardless, the National Post version of the story has a bunch of perspective sauce, much of it courtesy of Andrew Leach, and I’ll leave you with some of his added Twitter commentary on the matter, much of it directed to Jason Kenney and Brian Jean in Alberta who are using this as “proof” that carbon pricing is ineffective and/or some nefarious scheme.

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Roundup: Worst instincts for second-choice votes

As the Trumpocalypse serves up another “totally not just Muslims” travel ban south of the border, immigration references in the Conservative leadership race are certainly starting to pick up steam. Maxime Bernier started dropping not-so-coded references to “radical proponents of multiculturalism” who want to “forcibly change” the cultural character of the country (no, seriously), while Kellie Leitch offers up some of the questions her “values test” would include. Because you know, it’s totally not like people aren’t going to lie about the obvious answers or anything. Meanwhile, Deepak Obhrai says that statements like Leitch’s is creating an environment that could get immigrants killed, in case you worried that things aren’t getting dramatic. Oh, and to top it off, Andrew Scheer has a “survey” about terrorism that he wants people to weigh in on, and it’s about as well thought-out as you can expect.

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While John Ibbitson writes about how the Conservative leadership candidates’ anti-immigrant rhetoric is a path to oblivion for the party, I would also add this Twitter thread from Emmett Macfarlane, which offers up a reminder about how our immigration system in this country actually works, because facts should matter in these kinds of debates.

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Senate QP: Karina Gould brings the vague

After the House of Commons voted down the NDP motion to condemn the government for abandoning their electoral reform promise, minister of democratic institutions Karina Gould headed down the hall to the Other Place to answer questions there. Senator Carignan led off, asking about her new mandate letter, and Gould answered in generalities. Carignan followed-up asking about her plans for reforming the Senate, and Gould mentioned the new appointment system put into her place by her predecessor, and that she was waiting to read the report of the Senate Modernisation committee and to work together.

Senator Frum asked about loopholes that allow foreign money to be used in elections by registered third parties, and Gould spoke circles around financing laws but didn’t give much in the way of an answer regarding a loophole. Frum pushed on the notion that there was a possibility of foreign funds getting into the system, and Gould said she would look into it but it wasn’t something she had really come across.

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QP: Programming opposite Trudeau-Trump

With Trudeau away at the White House, it was still surprisingly busy in the Commons with most of the desks filled, but not all of the leaders were present. Rona Ambrose led off with the case of Vincent Li, didn’t mention his schizophrenia, and worried about the government looking to end the bulk of mandatory minimum sentences. Jody Wilson-Raybould reminded her that the review boards determined when those found not criminally responsible were eligible for release and discharge when people were deemed not criminally responsible. Ambrose decried that Trudeau voted against Conservative legislation that would ensure that people like Li were locked up for life, but Wilson-Raybould didn’t take the bait, and spoke in generalities about the need for broader criminal justice reform. Ambrose then raised the issue of carbon taxes, claiming that they would lead to jobs flowing south, to which Scott Brison reminded her that while they have had positive job numbers, the global economy is sluggish and they were working to stimulate growth. Luc Berthold then rose for a pair of questions in French to demand that the government lower business taxes and cut carbon taxes. For his first question, François-Philippe Champagne reminded him of their focus on trade, and for his second, Brison repeated his previous response in French. Jenny Kwan led off for the NDP, demanding an end to the safe third country agreement, to which Ahmed Hussen told her that there was no evidence that the US travel ban was having an impact on the agreement. Hélène Laverdière pointed out the illegal border crossing happening, and Hussen repeated his point that the executive order had to do with resettled refugees, not claimants. Laverdière brought up the case of a Quebecker refused entry into the US, to which Dominic LeBlanc reminded her that the US has the sovereign power to decide who goes into their territory but people could bring up concerns with them. Jenny Kwan asked the same again in English, and got the same answer.

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Roundup: Dealing with disappointment

As the tears and recriminations continue over Justin Trudeau’s decision to scrap his electoral reform pledge, we’re seeing a number of pretty dubious messages emerging from those doing the wailing and gnashing of teeth. For as much as Elizabeth May shed tears about how this was a betrayal of youth voters, Justin Trudeau went before a crowd of university students yesterday and nary a word was spoken from those “betrayed” youths about electoral reform. Oops. I’m also a little disturbed by the point that has been made repeatedly by the likes of May, and Ed Broadbent on national television, that somehow the feminist Trudeau was shoving young women ministers “under the bus” over his broken pledge. One has to point out, however, that there is a bit of a sexist undertone to that bit of concern trolling, implying that neither minister was capable of handling themselves on this file, and it ignores that Maryam Monsef was effectively promoted for her performance, going from a make-work office out of PCO to a line department with a big agenda along with added responsibilities for assisting the minister of heritage, while Karina Gould was handed a pretty big new file to tackle in the democratic institutions portfolio, being the very real concerns about cyber-security in our electoral system. And if you don’t think that’s a problem, look at the fact that the BC Liberals suffered a major data breach over the weekend that compromised the files of countless voters.

And then there’s the cynicism argument. Not only have the youth been betrayed by this move, but this breeds cynicism because the rug has been pulled out from those who were engaged in the process, and we have studies that show that people get disengaged when they have bad experiences. But I’m going to challenge that a bit, because as much as you had a group of people that were engaged by the process, the vast majority who have been vocal about it have been selective in their reading about what went on. People insist there was consensus in the report, but the fact that every party walked back on what it said shows that it was not actually consensus. PR advocates not only stacked the witness lists, but most over-read the mandate of the committee and gave some particularly creative interpretations of just what Trudeau’s electoral promise was, deciding that it meant that their preferred system was the only acceptable outcome – in other words, they have only been hearing what they want to hear. When they don’t get it, they blame others for breeding cynicism. As for the disengagement brought on by disappointment, I’ve read those studies too and the common denominator that I found was that much of that disappointment is brought on by the fact that people don’t know how the system works. They get discouraged because they approach the wrong level of government to deal with a particular problem, or that they are simply impatient to deal with the waiting lists caused by limited resources. I get that unrealistic promises might be disappointing when they don’t happen, but people need to be better educated to know when promises are disappointed so that their expectations can be tempered (though politicians should know better than to make stupid promises in the first place).

Meanwhile, I will point you to a must-read, which is a post by UBC political scientist Christopher Kam, who writes a spectacular takedown of an NDP ten-percenter extolling the virtues of proportional representation. It not only takes it apart piece by piece, but provides a good fact-check on some of the PR talking points that were circulating during the electoral reform committee hearings, including debunking some of the studies that were cited continuously to “prove” the points about how great PR governments are.

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