Roundup: And the Tony for outrage goes to…

I really didn’t want to have to write about this, but it managed to suck up all of the oxygen in the news cycle this weekend, and I feel compelled to once again say something that I really didn’t want to, but lately this seems to be my lot in life. I’m talking about the whole Trudeau/Castro statement, and how very tiresome that pile-on soon became. Forgetting of course that nobody’s hand are clean in the game of international diplomacy, and for some reason nobody is allowed to speak ill of the dead unless it’s Fidel Castro, Trudeau’s comments weren’t sufficiently scolding enough of his legacy – never mind that he has a personal family connection there, and he has to be pragmatic about relations as he walks the line between needing new markets with American protectionism on the rise and economic liberalisation slowly happening in that country. And when pressed, Trudeau made no bones about the fact that Castro was a dictator while still explaining making the statement that he did. Nevertheless, I will hasten to add that Trudeau’s statement has nothing on the leftist paeans being sung to Castro that I’m finding all over my Facebook timeline, praising his stand against Imperialism and how the love of his people protected him from CIA assassins, and so on. (And these are from the same kinds of people who considered Stephen Harper a dictator, so seriously, chill out). And then there was the digging up of statements that Stephen Harper had made after the deaths of the likes of the King of Saudi Arabia (“desired peace”) and Hugo Chavez, and lo, no outright condemnations in either of those statements. Should Trudeau have said something more? Probably. But I do get that he’s trying to walk a very fine line.

And if that wasn’t bad enough, people took to social media to bombard us with endlessly with the instantly tiresome meme of #Trudeaueulogies, while the whole of the Conservative leadership race decided that they too needed to take to social media to perform some outrage for us, demanding that Trudeau not go to the funeral, and beating at their breasts, wailing and gnashing their teeth about how terrible it was that he didn’t mention the executions or the persecution of gays, and it was like every single one of them was vying for a Tony award. And then they all emailed party members trying to crassly try to fundraise on this issue. Honestly, it’s just so tiresome because it’s just so transparently performative.

https://twitter.com/cfhorgan/status/802593401107611650

Meanwhile, John Geddes talks to a historian about the legacy of Pierre Trudeau and Castro with Canada-Cuba relations. Terry Glavin thinks that this proves that Trudeau is as vacuous as most people seem to think, while Charlie Gilles calls Trudeau’s statement “egregious whitewashing.”

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Roundup: Suck it up and fix 24 Sussex

Since this is apparently my week for being cranky about stuff, I’ll turn my ire today on the various naysayers regarding renovations to 24 Sussex. And I’m going to say off the bat that they need to basically shut it and just fork out the money because guess what, we have obligations in this country to both official residences and heritage buildings, and we have to stop being so petty about it. What becomes clear in the more detailed breakdown of the options available that was posted in The Huffington Post was that a lot of these additional costs are not about the building, but rather they are about security. That’s part of why I find the demands that they have a residence that will be open to tourists to be boggling, because I’m not sure what purpose that serves. Of the other official residences, only Rideau Hall and the Citadel are partially open to the public, and even then in fairly controlled circumstances, and those are also working residences – something that 24 Sussex, Stornoway, the Farm and Harrington Lake are not. And why 24 Sussex should have the capacity for state dinners is also a bit baffling because the PM doesn’t host state dinners – the Governor General does. That’s his job as representative of our head of state (being the Queen). Can some official dinners be held at 24 Sussex? Sure. But not state dinners. I also find the fact that they’re even exploring the possibility of turning 24 Sussex into a working residence to be boggling, right up to including a $562 million option of abandoning 24 Sussex in favour of taking over the National Research Council’s headquarters at 100 Sussex and turning that into a Canadian White House with PMO offices on top of an official residence. Baffling, really.

So while the calls to bulldoze 24 Sussex return in force thanks to performative cheap outrage, and we clutch our pearls at the ongoing maintenance costs of the building being vacant while the property itself doesn’t increase in value, I say we stop trying to turn this into a tourist trap or working residence, which means not building an annex over the pool house to turn it into an apartment so the main house becomes something they don’t live in, and instead just focus on renovating the house itself and keeping it strictly as an official residence. And no, we can’t just bulldoze it because it is an important heritage property, and would still be even if it didn’t house prime ministers, but it does, so now we are obligated to deal with it the right way. In fact, I say we restore its façade to its original, pre-1950s features to better respect its heritage and history. Add to that, we should not only better empower the NCC to protect our official residences and heritage properties so as to let successive prime ministers (and opposition leaders and Speakers) know that it’s not up to their discretion when renovations need to be done to these properties, but we should also empower them to go after the previous inhabitants for negligence in allowing the property to decay this much. Maybe that will send a message.

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Roundup: Peter Harder is trying to bamboozle you

Behold Senator Peter Harder, the “government representative” in the Senate. Faced with attacks from his (mostly) partisan detractors, he bravely mounted his steed, and galloped out to the webpages of Policy Options where he oh so bravely slew a straw man to defend his particular moves in modernising the Senate. And in case this wasn’t clear enough, let me spell it out for you – Peter Harder is trying to bamboozle you.

The particular straw man that Harder bravely faced was the notion that those who defend the Westminster model in the Senate are trying to keep it a mirror of the House of Lords. This, incidentally, is complete malarkey. Nobody has ever made this argument. The Senate of Canada has never borne any resemblance to the Lords (aside from the fact that each is an appointed upper body), and nobody has advanced an argument to make that claim. But Harder went on at length to prove how different the two chambers were (again, nobody claimed otherwise), and then went on to showcase all of the other upper chambers in Westminster countries and how different they were too. Look at how flexible the Westminster model is! Harder proclaims. And it’s all very “Father knows best,” as he schools everybody on parliamentary democracy. And then he starts his subtle subversion. Look at Nunavut, he suggests – they don’t have parties there! It’s a consensus legislature.

And this is the point where I want to punch someone in the throat. But I have that urge everyone someone brings up the Nunavut legislature.

The Nunavut legislature works (more or less) on a party-less consensus model because a) it has a mere 22 members; and b) it operates within the cultural context of its Inuit residents for whom consensus-making is a norm. The Nunavut legislature model is neither scalable nor portable, and anyone who tries to suggest otherwise requires a smack upside the head. The other part, which escapes Harder’s point, is that it still has an executive council and an ostensible opposition whose job it is to hold said Cabinet to account. And that’s the basis of the Westminster model that Harder quite carefully ignores in his defence of said model’s mutability. You see, the real basis of the Westminster model is that of Responsible Government, and the exercise thereof needs both a government and an opposition to hold it to account, and that can replace the government when they lose confidence. Oh, but wait – the Senate isn’t a confidence chamber, you might be saying. And that’s right. But they still have a part to play in the exercise of accountability, whether it’s asking questions of the government in their own QP (which is why the Leader of the Government is supposed to be a cabinet minister), and why they have an absolute veto, which is a necessary check on executive power.

Harder’s other suggestion – that perhaps instead of an official opposition, there instead be an “opposition representative” to mirror his role as “government representative,” is as much about undermining the ability of senators to organise opposition to the government agenda as it is about extending his own power base among the independents. 101 loose fish cannot be an effective opposition force just as much as they cannot be a consensus body (not that the Senate’s role is consensus). Harder’s attempt to delegitimise the role of partisanship in the Senate has nothing to do with trying to respect the chamber’s constitutional role (which he uses revisionist history to assert) and everything to do with his own ambitions, and he’s willing to slay as many straw men along the way as it takes to convince everyone that he’s on the right path. Don’t let him get away with it.

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Roundup: A badly needed review

The Criminal Code is a mess. The government knows it, and the judicial system knows it, but the question is whether anyone has the guts to do anything about it – particularly because it’s been a particularly easy target to do one-off laws without worrying about the broader consequences. The number of private members’ bills dealing with singular tweaks to the Criminal Code are innumerable, because it’s seen as something that individual MPs can use to take a stand on some issue or another while at the same time considering it to be something that won’t impose a cost on the government as no dedicated spending must be attached to it that would otherwise require a Royal Recommendation. (This is wrong – there are tremendous costs attached to it, but it’s a loophole in the rules that there is no appetite to plug either). And when governments want to increase sentencing to look tough on an issue, they pass new laws to “crack down,” to the point where there is no semblance of a logical sentencing grid any longer. I remember sitting in on a Senate legal and constitutional affairs committee meeting during the Harper years when they were passing another marijuana bill and the Liberal senators were expressing frustration that things were such a mess that these new pot offences were giving more jail time than some child sex offences.

The government’s recent move to repeal some archaic laws around gay sex (including an unequal age of consent) is an example of one place where the government is doing something about a “zombie law” – one that has been struck down by the courts, but remains on the books because Parliament has yet to take the time to actually repeal it. (This was another case were the Conservatives outright refused to when given the opportunity when they were raising the age of consent for hetero teens). But there are plenty of zombie laws still sitting on the books and nothing is being done about them. The CBC has a look here at some of those laws, and expert urging to deal with them – particularly given that murder trial in Edmonton where the judge accidentally handed down a verdict that was predicated on a “zombie” law and he had to go back and give a lesser verdict after the fact to correct the mistake. Clearly this is a problem, but the government isn’t promising much action beyond vague assurances that these sorts of things will be part of their broader criminal justice review – the same review that will be looking at doing away with a number of mandatory minimum sentences. But this is something that they really do need to get cracking on, not only dealing with “zombie” laws, but also sentencing reform so that there is a coherent sentencing grid once again. Part of the problem, however, is that the justice minister and her office are moving at a glacial pace. Everything they’ve been doing, from judicial appointments to moving on certain bills, is taking far longer than it reasonably should, and that’s concerning especially when this criminal justice review is so badly needed. Let’s hope we hear more about it sooner rather than later.

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Roundup: A blistering condemnation of Peter Harder

I’ve long held suspicions about the work that Senator Peter Harder, the “government representative” in the Senate, has been doing, and I will say that I was completely alarmed by some of the things brought to light by Liberal Senator James Cowan yesterday in his speech about Senate modernization. It’s a blistering speech, and I suggest you take the 25 minutes to listen to it all, but some highlights: Harder is engaging in revisionist history to claim that the Senate was never meant to be partisan (which is false), and he is trying to do away with the roles of government and opposition (which are integral to the Westminster system) in order to create a bureaucratic-like structure. In a chamber full of independents, there will be fewer checks on the government, and Harder will amass power by acting like the leader of the Senate as a whole, further weakening the chamber’s role as a check on the power of the executive. Harder has gone so far as to start offering to set up meetings with senators and the premiers of the provinces they represent – meeting he would be present at – which is completely improper and something a government representative should have no role in doing. It’s disturbing to listen to how his plans to reorganise the Chamber would take shape, and Cowan’s speech is blistering in its condemnation.

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Roundup: Pushing more policy to the courts

There’s this terrible idea that keeps circling, and here it comes again, which is the idea that we should enshrine environmental rights in the constitution. David Suzuki is going around trying to make this happen once again, concerned that like the coming Trumpocalypse in the States, that one bad election in Canada and any progress we’ve made on environmental laws would be set back. And while this kind of thinking – insulating environmental laws in a more robust constitutional framework – sounds good on its face, its proponents need a good smack upside the head.

Why? Because this is a democracy, and what they are trying to do is take the environment out of the role of the government, and put it in the lap of the courts. No longer should the people decide on an important area like the environment, but instead, we’ll ensure that unelected judges with no accountability are the ones who are now determining policy. Add to that, I’m not sure that the courts have the competency to do be making these kinds of policy determinations, and yes, that is an issue that this proposal doesn’t seem to talk about. It’s disturbing that Suzuki and his ilk are trying to diminish the role of democracy in favour of a more technocratic approach to government, no matter how much importance one places on environmental policy. We have a system of government which is supposed to hold the government of the day to account, and usually it’s pretty successful. It held the Conservatives to account after they abused the public trust on things like the environment file, and were duly punished for it at the ballot box, and when you look at recent elections like that in the Yukon where the environment was apparently an issue, the party that was more reluctant to take action was punished for it. You don’t need to yet again turn everything over to the courts in order to take action – just mobilize enough popular support to the cause. It can and does happen, but to simply suggest that politics has failed and the courts should handle it is the kind of thinking that makes me really, really uncomfortable because of where it leads.

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Roundup: No need for a turf war

The possibility of committee allocations in the Senate turning into a turf war is something that I’m not sure is an imminent issue, but Kady O’Malley nevertheless faithfully explores in her weekend column, including some potential procedural manoeuvres that Senator Peter Harder could attempt to employ to force the modernization committee report to come to fruition as government business (which it currently is not), but as is not unexpected, she got some pushback from Senator Leo Housakos.

Just to add my own two cents, I have indeed heard some concerns from both the Conservatives and Senate Liberals that the Non-Aligned Senators have not yet been able to fill their committee spots, which may also have been why Senator Peter Harder has been organizing to “help” the new independent senators out, essentially big footing the efforts of the Independent Senators Group, but one has to add that they’re building their own processes and organization from scratch.

So we’ll see. I still think that the newly appointed 21 senators shouldn’t be in any hurry to get committee spots, but take the time to get adjusted to their new environment as the committees are currently operating okay and we aren’t seeing a lot of cases where senators are doing triple duty just to keep committees filled (as was the case with the Conservatives pre-2008, when Harper was obstinately refusing to fill seats the first time around). And as I’ve said previously, they can spend some time participating in committees as they have the right to now – they just can’t be voting members, which is probably just as well in terms of getting them acquainted to the place. So everyone should relax because there is no actual crisis.

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Roundup: The fiscal update’s hidden gem

The fall fiscal update was delivered yesterday – in the House of Commons, it must be noted – and not unsurprisingly there are deeper deficits projected while the government pledges funds to kickstart an infrastructure bank in the hopes of attracting foreign investment. Oh, and “no path back to balance” is the phrase you’re going to hear an awful lot in the coming weeks. Probably ad nauseum. Oh, and “privatization,” as the NDP now consider the infrastructure banks (because hey, we might have to start paying for the roads and bridges that this bank might fund and we couldn’t have that). That having been said, the debt-to-GDP ratio will be the government’s saving grace when it comes to the size of the deficit, as it should remain relatively stable, while still coming in at the lowest in the G7 by a significant margin. So there’s that.

This all having been said, there were other elements in the update that bear mentioning, and which should not be overlooked, which are some of the changes to the way that Parliament operates. They’re going to make the Parliamentary Budget Officer a full Officer of Parliament (which I have mixed feelings about because this solidifies his status as an unaccountable officer for MPs to fob their homework off onto while hiding behind his analyses as “objective proof” of their partisan accusation), they’re adding new independence to Statistics Canada, and they’re going to open up the Board of Internal Economy. But more important than any of that is they’re going to do something about the Estimates cycle.

Why does this matter? Because MPs are supposed to hold the government to account by controlling the public purse, but over succeeding decades, the ways in which they do that – the Estimates and supply cycle – have become so corrupted that they no longer follow the budget cycle, their accounting methods no longer match the Public Accounts so that they can’t track spending, and in many cases, MPs just vote on the Estimates in a series of votes with zero scrutiny (leaving that job up to the Senate – naturally). So if this government is promising to put the Estimates and Budget cycle back in sync, and to clean up the discrepancies between the Estimates and the Public Accounts, that is a Very Big Deal. It means that it will let MPs do their jobs like they’re supposed to do. (We’ll see if any of them do, especially with an empowered PBO for them to fob that homework off onto, but this will certainly help him too). It’s restoring some of the proper functioning of our parliamentary democracy, and we shouldn’t ignore it.

https://twitter.com/mikepmoffatt/status/793611413419880448

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QP: In advance of the fiscal update

Just before the fall fiscal update was to be delivered – in the Commons for the first time in a decade, mind you – Justin Trudeau was elsewhere, despite all other leaders being present. Rona Ambrose led off, raising the forthcoming fiscal update and wondering why the government was doubling down on its failed plan. Bill Morneau said that he was looking forward to talking about the long-term impact of their measures. Ambrose noted that the infrastructure plan only got one project going, but Amarjit Sohi disputed that characterization and praised the agreements with the provinces. Ambrose decried tax increases, and Morneau retorted with the tax cuts they put through in the last year plus the implementation of the Canada Child Benefit. Ambrose then tried to equate Trudeau’s cabinet with Kathleen Wynne’s staffers facing provincial charges as a segue to fundraising issues, and Bardish Chagger read her standard response about the federal rules. Ambrose changed to French and raised the Chrétien-era staffer who was found guilty for Sponsorship-scandal related fraud charges, and Chagger simply repeated her response in French. Thomas Mulcair was up next, asking about police surveillance of a journalist in Quebec. Ralph Goodale responded about the gravity of the situation and the values of freedom of the press, which is spelled out in a ministerial directive. Mulcair pressed, and Goodale spelled out the Supreme Court five-part test. Mulcair moved onto fundraising, and Chagger repeated her standard response. Another round of the same got no different answer.

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Roundup: No, it’s not cash-for-access

This latest round of pearl-clutching over political fundraising is reaching its fever pitch in a most tiresome way possible, and I’m losing all patience with it. Determined to try and label it “cash-for-access” in order to tie the story in with the gross lack of fundraising rules that existed in Ontario, and the very dubious practices of the government there of having ministers essentially asking for donations from companies lobbying them, what’s going on at the federal level is nothing like that at all. However, bored journalists are drawing lines on between people who are attending or organizing fundraisers and lobbying activities, despite everything being reported and above board, are going “Look! Look! Smell test!” But I’m having a really, really hard time buying this. Likewise with opposition parties going “Sure, it’s in the rules, but Trudeau’s letters said that nobody should have the appearance of conflict of interest and this has the appearance!” No, it actually doesn’t. Just because you say it does, it doesn’t mean that there’s a problem.

I’m trying very hard not to come off as some kind of an apologist, but for the love of all the gods on Olympus, we have a really, really clean fundraising system with clear rules, and it shouldn’t bear repeating (and yet here we are) that you can’t buy influence for $1500. You just can’t. Sure, you might get to meet a minister, but what is that going to get you? You think they’re going to engineer a special loophole in the law for your company because you donated $1500 to their party – registered through Elections Canada, and the lobbying registry? Honestly? And it’s not like there aren’t a hundred other consultations that you could offer your suggestions to a minster or their staff with, because as we know, this government loves to consult. And further to that, are we actively trying to insist that no minister should ever fundraise because, well, “smell test” or “appearance.” Give me a break.

Meanwhile, we get inundated with everyone giving their “solution” to this, whether it’s returning the per-vote subsidy as Susan Delacourt suggests here, or if it’s Duff Conacher howling in the corner that we should adopt the Quebec donor limits of $100 (ignoring that limits that are too low means that money starts getting funnelled in other ways). But maybe, just maybe, we should all take a deep breath and realise that the more we get hysterical about this perfectly above-board fundraising in a clean and quite transparent system, it’s that we’re turning it into some zero-sum game. If we keep inventing scandal, shouting “smell test!” and “appearance!” when no, a reasonable and rational look at the situation shows that there isn’t actually a problem, we’re going to wind up giving excuses for parties to start hiding these activities. To paraphrase Rick Anderson on last night’s Power & Politics, there’s only a perception problem around this fundraising because people are throwing mud. It’s time to stop throwing mud and be grown-ups about it. This isn’t cash-for-access. $1500 is not buying influence. Stop lighting your hair on fire.

https://twitter.com/jec79/status/791117661476388866

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