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).

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Roundup: The Senate should strangle Chong’s bill

There has been a sudden flurry of concern regarding the state of Michael Chong’s Reform Act, currently in the Senate, because the bill is likely to die there. In fact, if there were any sense in the world, it would, but not before the pundit class starts wailing and gnashing their teeth about how terrible it is that the unelected Senate would defeat a wildly popular bill from the Commons. Of course, that’s immediately where my head hits the desk, because that’s exactly why we have the Senate we do – because sometimes MPs overwhelmingly vote in dumb things, and cooler heads in the Senate can talk them down and defeat them without fear of electoral repercussion. You know, sober second thought, the raison d’etre of the Upper Chamber. And let’s face it – the Reform Act is a spectacularly terrible bill that will undermine Responsible Government and our system of Westminster-style democracy pretty much permanently. And if you think the gong show that just happened with the leadership review in Manitoba was an exception, well, Chong’s bill would see to it that those become somewhat more the norm across the country. The bill will do nothing to “empower” MPs. It will do the opposite by disincentivising them from rebelling against their leaders, as has successfully overturned bad leaders in many instances (most recently Alison Redford comes to mind). What will empower MPs is for them to actually stiffen their spines and do their jobs, because they have all the power that they need already – a lesson that Senator Fraser reiterated in her speech against Chong’s bill. But contrary to Andrew Coyne’s assertion, the Conservative leadership in the Senate has been inclined to pass the bill, but there are a number of Conservative senators who have wised up to the fact that the bill is terrible and they would do well to kill it in one way or another. Other senators are keenly aware that even MPs who voted for the bill know it’s terrible but didn’t think they could be seen to vote against it, so they sent it to the Senate, where it could be killed there, and they could use it as political cover (and denounce those terrible, awfully, unelected and unaccountable senators for killing a bill that passed the Commons even though MPs knew it was terrible). The “pass it off to the other chamber” game is not a new phenomenon (second only to “let’s pass it off to the Supreme Court”), but it’s another sign of how spineless MPs have become. Not that Chong’s bill would do anything about that spinelessness, ironically. Instead, it looks like it will be up to the Senate to save MPs from themselves yet again, and MPs won’t learn their lessons about taking their responsibilities seriously.

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Roundup: The Senate invokes privilege

In his attempt to cast the net far and wide in order to excuse Mike Duffy’s housing claims, it seems that Donald Bayne is trying to show that plenty of other senators were improperly claiming for Ottawa residences, and is trying to compel the release of an internal Senate audit conducted in 2012, where two Senators – retired Senator Zimmer and Senator Patterson – were found to have questionable claims which they later explained away. The Senate, however, is invoking privilege and refusing to turn it over, which is their constitutional right. They are under no obligation to help Duffy’s defence, after all, and as a legislative body they have the right to conduct their own affairs. And before anyone starts getting hysterical, remember that privilege is all about the independence of the institution, and keeping the courts out of parliament so that it can do its job without the constant threat of litigation during the legislative process. Likewise, Parliament doesn’t get involved in individual court cases because that would interfere with the independence of the courts. Otherwise, Bayne tried to bring up Senator Carolyn Stewart Olsen yesterday who was part of the subcommittee that “sat in judgement” of Duffy when she was claiming her long-time Ottawa residence as secondary for two years while she was trying to sell it in order to fully move back to New Brunswick (this is the point where I mention that she shouldn’t have been appointed as a New Brunswick senator until she was fully moved back). Also, the Senate finance officer continued to be grilled, and continued to push back against Bayne, going so far as to read more than the passages he indicated in order to provide context, which the judge allowed her to do. Nicholas Köhler paints that sketch with his usual aplomb.

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Roundup: Gearing up the political advertising

As we move closer to an election, there is going to be a lot of talk about political ads. An awful lot of talk. One of those talks is going to be about third-party advertising, and how much we’ll see because the federal spending limits are low as to render them fairly marginal, not that it’s stopped groups like Unifor or the National Citizens Coalition from grousing that the limits are too small for them to be of any good. Curiously, Stephen Harper used to be against these kinds of limits but he’s been in power for nine years and has done nothing about it, but you’ll have to guess as to why he’s had such a change of heart. Another thing we’ll see more of are social media ads which are cheap to produce and distribute, and can be used to refine and retool until they are considered “ready” to go for a major national buy – assuming that they don’t already get “earned” attention from news outlets without them having to actually pay for them to get wide distribution. Of course, we can look forward to being bombarded by ads outside of the writ period over the summer, so we should all be thoroughly sick of it by the time the election rolls around in October.

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QP: National security and painting a bridge 

Despite it being Wednesday, the Prime Minister was absent from QP, meeting with Bill Gates instead. So when Thomas Mulcair led off asking about how much time the public safety committee would get to study C-51, Stephen Blaney responded by hoping they wouldn’t engage in any dilatory actions at said committee. Mulcair wondered if the PM was trying to hide the bill from scrutiny, to which Blaney accused Mulcair of attacking the credibility of CSIS. Mulcair then listed instances of where the RCMP were in the wrong when he meant to give examples of where CSIS broke the law, before asking about the right of dissent in the bill. Mulcair then moved onto the issue of a Quebec City rail bridge, at which point Lisa Raitt reminded him of CN Rail’s responsibilities. Mulcair then moved onto the topic of a funding cut at Marine Atlantic, to which Raitt pointed out that they were returning to their base level of funding after years of increases for revitalisation. Justin Trudeau was up next, asking what the government intended to do on the doctor-assisted dying issue, to which Robert Goguen moaned about how emotional of an issue it was. Trudeau then moved onto the issue of Keystone XL, and if the PM would put a price on carbon to convince the Americans that we are serious about the climate issue. Greg Rickford gave a couple of non sequiturs to slam Trudeau, and insisted it was not an international issue but a domestic American one. Trudeau called it a diplomatic failure, to which Rickford listed off the size of our energy trade.

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Roundup: Hurry or not

It’s a curious thing, this notion of political expediency. When it comes to the issue of national security changes, for which you would think the government would want to take the time to get it right considering not only the Charter implications, but also the potential for major embarrassment to a government should things go wrong *cough*Maher Arar*cough* there should be an impetus for some due diligence. Instead, we’re getting word that they want to limit committee study to three days, because gods forbid that they might have to schedule a few extra committee meetings or sit into July to ensure that things happen. Meanwhile, on an issue such as doctor-assisted dying, where there is a ticking clock looming over them, the government instead prefers to push it off to the next parliament, insisting there’s “plenty of time” and don’t worry, they’re “consulting with Canadians” on the subject, which gives one the sense that they’re going to put pretty much as much effort as they did into the recent prostitution law, which is to say that it was a fairly sham process designed to give them a result that they could use to justify a solution that is unlikely to pass a second Charter challenge. Oh, and because they’ll be in a time crunch when they do get around to presenting a bill, it would allow them to insist that they need to use time allocation to ram though a bill without a lot of actual consultation with experts (assuming that the Conservatives form government again). This method of issues management makes no sense, but they apparently are under the impression that it works for them.

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QP: Engaging at all levels

Tuesday in the Commons, and all of the leaders were present. Apparently Mondays don’t count. Thomas Mulcair led off asking about Mohamed Fahmy and demanded that the Prime Minister contact the Egyptian President directly. Stephen Harper responded by saying that they have raised it at all levels, including his own, and that they would continue to press the case. Mulcair said that it wasn’t a clear answer, and asked it again. Harper repeated the substance of his answer, and and dead his disappointment in the lack of progress. Mulcair moved onto C-51, to which Harper dismissed the criticisms as “ridiculous.” Mulcair then asked if Harper felt that SIRC was adequate oversight when even SIRC’s members indicated otherwise. Harper expressed dismay that Mulcair compared Canada’s human rights record to Egypt’s, and read a passage about judicial authorization — nothing to do with the question. Mulcair then changed topics to ask about a backbencher’s musing about using the Notwithstanding Clause on the doctor-assisted dying issue. Harper said he respects the decision of the courts, and was listening to Canadians. Justin Trudeau was up for the Liberals, and wondered if they would support their supply day motion on creating a special committee to study the issue. Harper said that it was a delicate issue and threw it to the Commons justice committee to study it if they wish. Trudeau noted the time crunch, to which Harper repeated that it was a non-partisan issue and repeated his previous answer. Trudeau noted that Harper hadn’t actually answered on the Notwithstanding Clause question, and asked again — not that he got a different answer.

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Roundup: A few notes on the Gallery feud

I didn’t really want to wade into this, but I think it bears saying that much of this dispute between Press Gallery members over proposed changes to the constitution is nonsense. There was apparently an incident of harassment against another gallery member, and since it’s not being handled by an employer, it means it was likely allegedly done by a freelancer. Certain paranoid individuals with a grudge against the gallery executive spent the weekend stoking fears that these changes would allow government staffers and MPs to lodge baseless “harassment” complaints against journalists in order to silence or intimidate them – despite the fact that such a supposition would mean that the Gallery’s Board of Directors would be complicit in such actions of silence or intimidation, which defies credulity. Add to all of that, concern trolls over the Twitter Machine fuelled the flames into a full-blown fight, and some of those responsible for fanning the flames are marginal members of the Gallery at best, while members of the general public who’ve decided to weigh in with conspiracy theories that the PMO is trying to manipulate us are just turning this into a gong show. Everyone needs to calm down and trust that the Gallery Directors aren’t out to screw with them, and the concern trolls and Harper haters should probably mind their own business and let the members of the Gallery have their own discussions in a calm and rational manner. I’m sure the AGM on Friday will be interesting, but not if everyone comes into it with it all blown out of proportion in their own minds.

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Roundup: Yes, governing is political

Your best political read of the weekend was a Twitter essay from Philippe Lagassé, so I’ll leave you to it.

https://twitter.com/pmlagasse/status/569515068326457344

https://twitter.com/pmlagasse/status/569515450780020736

https://twitter.com/pmlagasse/status/569515909972434945

https://twitter.com/pmlagasse/status/569516334192701440

https://twitter.com/pmlagasse/status/569516761273532418

https://twitter.com/pmlagasse/status/569517336677507073

https://twitter.com/pmlagasse/status/569517603938369536

https://twitter.com/pmlagasse/status/569517862274142209

https://twitter.com/pmlagasse/status/569518893456171008

https://twitter.com/pmlagasse/status/569530939325296641

https://twitter.com/pmlagasse/status/569531442990088193

https://twitter.com/pmlagasse/status/569532019685908480

https://twitter.com/pmlagasse/status/569532280991055872

Lagassé, who was part of the fighter jet replacement options analysis task force, reminded us then as reminds us now that we need to stop behaving like we should be in a technocracy, that there are political considerations and debates that need to be had, and that ministers decide things for which there is always a political calculation. This is not a bad thing, though we may disagree with the final decision. The great thing is that we can hold those who made the decisions to account – something you can’t really do in a technocracy, so can we please stop pretending that it’s the way our system is supposed to operate?

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QP: Demanding examples of promoting terrorism

Caucus day, after both opposition parties came out with some significant positions in the morning, and all leaders were present to begin the debate. Thomas Mulcair led off, wondering if he had any examples he could share about “promoting terrorism” as is outlined in C-51. Harper gave a general statement about the importance of fighting terrorism. Mulcair wondered about the economic stability definition in the bill, to which Harper assured him that lawful protest was exempt. Mulcair wondered about what new kinds of “economic interference” did the bill have in mind, but Harper went on about the need for the power to disrupt. Mulcair repeated much of what was said before in English, to which Harper reassured him that the bill did no such thing, and that the defence of security undermines freedom. Another round of the same was no less enlightening. Justin Trudeau was up next, noting that he spoke with Mohamed Fahmi last night, and wanted Harper to make direct interventions about his extradition to Canada. Harper assured him that they have intervened with Egypt “at all levels.” Trudeau then turned to the question of vaccines, and wanted the government to cancel its partisan ads in favour of vaccine promotion. Harper assured him that the programme had not been cut and that vaccinations were good. Trudeau then turned to the Supreme Court decision on medically-assisted dying, and wondered if Harper would begin the process now and now wait for the election. Harper gave a bland reassurance that they were going to engage in consultations.

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