Roundup: Procedural shenanigans beget the new anthem

There has been some drama in the Senate over the past couple of days as the procedural shenanigans to bring the national anthem bill to a final vote culminated in a motion to call the vote, and eventually that happened. The bill has passed, and the new national anthem will be law once the Governor General gives it royal assent. But the procedural moves have the Conservatives in a high dudgeon, somewhat legitimately.

https://twitter.com/larrywsmith36/status/958840131481423872

My understanding of events was that the main motion to call the vote has been on the Order Paper for months, and was finally called Tuesday night. This was a debatable motion, and likely would have sparked a few weeks of adjournments and debate, but ultimately would have delayed the vote for only that long. But a second, also legitimate procedural move was used by another Independent senator immediately following, and Speaker apparently didn’t hear Senator Don Plett’s desire to debate it. What I’ve been able to gather is that this was likely a mistake given lines of sight, but were compounded by tactical errors on the Conservatives’ part in demanding to debate the first motion and not the second (or something to that effect). Points order were debated last night, but they had agreed to end the sitting at 4 PM in order to have the votes at 5:30, and when they didn’t get unanimous consent to extend the sitting, debate collapsed and when 5:30 rolled around, the Conservatives boycotted the vote in protest. According to those I’ve consulted, the moves were all legitimate but messy, and have the danger of setting up bad precedent for not allowing debate on this kind of motion.

https://twitter.com/InklessPW/status/958853911888080898

The Conservatives in the Senate, meanwhile, are caterwauling that their democratic rights have been taken away, and there is talk about conspiracy between Mélanie Joly’s staff, and other threads that are hard to track when they’re throwing them against the wall like spaghetti. And while I share the concerns about bad precedent, I can’t say that I have too much sympathy because they’ve used (and one could argue abused) procedure for over a year to keep the bill at Third Reading, with the intent to ultimately delay it until it died on the Order Paper. They insist that they offered the chance to amend it to the more grammatically correct “thou dost in us command” rather than the clunky “in all of us command,” but I find it a bit disingenuous, because it was simply another delay tactic. And I’ve argued before that this continued tendency to use procedural tactics to delay bills is going to end up biting them in the ass, especially because it plays into Senator Peter Harder’s hands in his quest to overhaul the chamber in order to strip it of its Westminster character. The Conservatives are overplaying their hand, and it’s going to make it very difficult to drum up enough legitimate concern to stop Harder when crunch time comes, and they should be very aware of that fact.

https://twitter.com/InklessPW/status/958861523878789120

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Roundup: The Hehr question

For the past few days, one of the same questions keeps being raised in light of everything that has gone on – with all of the resignations in light of sexual misconduct allegations, why is Kent Hehr still in caucus? I have to say that the policing of who is and is not in caucus by the pundit class is getting a bit crass, to say the least, the concern trolling over a lack of consistent practice is something that the commentariat should be trying to come to grips with, rather than exacerbating the situation with some blatant concern trolling.

Prior to this parliament, there was no process when it came to sexual harassment allegations against MPs. The process was explicitly that there was no process – MPs don’t fit under a workplace framework when dealing with one another, so the lack of process was to ensure that there was room for mediation between the parties involved, and things were dealt with quietly behind the scenes, so that there wouldn’t be partisan advantage taken of it. I can’t say how well it did or did not work, but things changed in 2014 with the Scott Andrews and Massimo Pacetti allegations. What changed was that Thomas Mulcair fully intended to make a partisan issue out of the allegation and had booked a press conference to denounce the MPs and Trudeau for not doing anything about the allegations that had been made directly to him. When Trudeau beat Mulcair to the punch and suspended the two MPs (who were later formally expelled), Mulcair had to instead shift tactics and accuse Trudeau of re-victimising the complainants, but those involved knew that Mulcair has readying his salvo and swift action needed to be taken. When the allegations about Darshan Kang surfaced (plus the allegation he offered to pay the complainant to keep it quiet), and were corroborated by those who had worked for him in provincial politics, Kang removed himself from caucus (and went on medical leave), but there’s been no indication that he was expelled by Trudeau.

When pressed about Hehr’s status, Trudeau noted yesterday that the party is trying to deal with things on a case-by-case basis, and there is a process in place now that didn’t exist before, and an investigation has been launched into Hehr’s activities. That Trudeau would try to respect the process put into place since the Andrews/Pacetti incident is likely a good thing, but this being politics, there is already partisan hay being made of this, with Erin O’Toole trying to paint this as Trudeau having changed his own rules. Because you know, why resist the urge to take partisan shots? And if Trudeau went around the process, you know that the question would be why he didn’t wait for the investigation – because damned if you do, damned if you don’t.

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QP: The Philpott connection

On a cold and blustery morning in Ottawa, MPs were raring to go with another go-around of QP. And true to form, Andrew Scheer got up, mini-lectern on desk, decrying that the PM didn’t take responsibility for his “illegal luxury trip” and he had taxpayers foot the bill to boot. Justin Trudeau insisted that he did take responsibility and would clear future trips with the Commissioner. Scheer railed that taking responsibility meant paying it back, and replayed the cheap outrage around a sedan that Jane Philpott hired back in 2016, deeming it a “luxury limousine.” Trudeau reiterated his previous response. Scheer wailed about the standard that Philpott was held to, and Trudeau didn’t engage, keeping to his points. Scheer demanded repayment, but Trudeau didn’t vary his answer. Scheer then brought up Trudeau’s speaking fees to charities several years ago, for some reason, but Trudeau stuck to his points about accepting the Commissioner’s recommendations. Guy Caron was up next, and demanded to know what concessions were made with signing the new TPP. Trudeau said that once the documents were translated, they would be made public. Caron switched to English to demand the same thing, and Trudeau repeated his answer. Ruth Ellen Brosseau demanded a plan to elect more women, and Trudeau stated that it was part of engaging women during the nomination process. Brosseau demanded proportional representation, but Trudeau wouldn’t bite on the notion.

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Roundup: On leaders, interim or “parliamentary”

In the wake of the Patrick Brown resignation, the Ontario PC caucus gathered behind closed doors to name Vic Fedeli as their “parliamentary leader,” a term that irks me to no end. Fedeli came out and called himself “party leader” rather than “interim” or “parliamentary,” clearly signalling that he wanted this to be permanent going into the election, but within hours, the party insisted that they would indeed hold a full leadership contest to be concluded by March 31st, where the party membership would vote on a leader (and yes, Fedeli will be running while still acting as the interim/“parliamentary” leader).

The adoption of the term “parliamentary leader” is recent, and as far as I know was only first used by the NDP to give a name to what Guy Caron is doing as Jagmeet Singh’s proxy inside the Commons while Singh refuses to get his own seat, and generally avoids being in Ottawa as much as possible. Caron is left to be the de facto leader, even going so far as to make key decisions around staffing in the leader’s office in Ottawa, which would seem to make him de jure leader as well and Singh to be some kind of figurehead, wandering the land. But why it’s offensive as a concept is because it attempts to normalize this notion that the leader isn’t in the parliamentary caucus – something that is an affront to our Westminster system. The Ontario PC party using this term both affirms the use of this term, and opens up the notion of a similar arrangement where a new leader could be chosen by the membership while not having a seat, further taking us down this road to debasing our system.

https://twitter.com/mikepmoffatt/status/956958255129006081

Mike Moffatt, meanwhile, has the right idea – all leaders should be considered “interim,” because they should be able to be removed at a moment’s notice by the caucus (given that the caucus should select the leader, and that the leader should live in fear of the caucus). What happens instead with electing leaders by the membership is that they feel they have a sense of “democratic legitimacy,” which they feel insulates them from accountability, and they wield their imagined authority over the caucus, meaning that it’s the caucus who has to fear the leader instead of the other way around – especially if the rules persist that the leader signs their nomination papers. That’s not the way our system was designed to function, and it’s caused great damage to our system, and it gets worse as time goes on, with each iteration trying to turn it more and more into a quasi-presidential primary. The way the Ontario PC party has had to deal with this Patrick Brown situation within the context of their bastardized rules (and fetishizing the 200,000 members signed up in their last leadership contest, the bulk of them by Brown and his team) is utterly debasing to Westminster parliaments. More than anything, the events of the past week should be an object lesson in why we should restore caucus selection, should anyone be listening.

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Roundup: Baillie and Brown gone

While provincial politics are not my bailiwick, we had a couple of very big developments in two different provinces yesterday. The first was that Jamie Baillie, leader of the PC party in Nova Scotia, was forced out over sexual harassment allegations that came out after an independent investigation, resigning his seat immediately. And in Ontario, graphic sexual harassment allegations were made against PC leader Patrick Brown dating back to his days as an federal MP, and Brown called an emergency press conference to deny the allegations, but was quickly met with a string of staff resignations, plus calls from his own caucus to resign (while federal leader Andrew Scheer slightly underbussed him, without actually coming out to actually say so). Around 1:30 AM, Brown offered his resignation as leader (but not as MPP).

https://twitter.com/avelshi/status/956359197330890752

https://twitter.com/btaplatt/status/956362961446232065

Part of what interests me in this is less the day of reckoning for sexual misconduct, but yes, that is happening, and perhaps now those smirking Conservatives who insist that the Liberals are the party of sexual harassers, owing to the fact that they’ve ousted theirs rather than swept it under the rug, will see that this is very much not the case. Rather, it’s the mechanisms in each party around what happened. With Nova Scotia, the party ousted the leader (who, admittedly, had already announced his intention to resign but planned to stay on until a successor was chosen; he is now out completely). In Ontario, their provincial party constitution doesn’t give them that option. And this really boils down to the way in which we have moved to a system of “democratic” elected leadership contests rather than caucus selection, where leaders can be deposed and replaced in a single vote, and have that accountability mechanism be right there, at all times.

This will, no doubt, renew calls for “formal mechanisms” in parties to depose leaders, and calls for more Michael Chong-esque “Reform Act” laws that will simply protect leaders by putting a high bar to depose them, rather than the current system, where shame and public pressure can force a resignation in a hurry once one or two caucus members go public. (In this, Paul Wells notes that politics is the “art of the possible”). None of this disguises the fact that the root cause remains the broken system of selection. We need to return to caucus selection if we want leaders who are afraid of their caucus, and not the other way around. Because we could see more of these kinds of incidents in the months to come, and the alternative is to have an endless series of interminable, expensive leadership contests where accountability remains out of reach.

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Roundup: Kellie Leitch’s long farewell

The news went around last night that former Conservative leadership candidate and now backbench denizen, Dr. Kellie Leitch, has decided that she won’t run again in 2019. She is not the first current Conservative facing a nomination challenge not to run again, and there has been a whisper campaign going around that the leader’s office is organizing this push for contested nominations, leading to at least one other MP opting not to run (and in that case, there were some fairly large questions looming around why an Ontario staffer was choosing to contest the nomination of an Alberta riding that he didn’t live in). Despite this, the writing was on the wall, and Leitch’s disastrous leadership campaign sealed her fate.

With this in mind, I have to say that I’m a little troubled by some of the characterisations in John Ivison’s piece about Letch’s decision. In particular, he describes how Leitch, a progressive Conservative (and I have heard this from a number of conservative operatives, many of whom are gay, who had nothing but high praise for the good doctor in the years before her leadership bid), had fallen “under the spell” of Nick Kouvalis, who apparently convinced her to tack alt-right if she wanted to win the leadership. Considering that Kouvalis was in and out of positions of authority in the campaign after his need to go to rehab partway through, I think this perhaps gives him a little too much credit for Leitch’s series of bad decisions. She saw something in the Trump victory and the lead up to it and thought that she would be able to tap into that, and miscalculated the differences in how it manifests between our two countries. At least she’s owning up to that and not giving more tears about how she was wrong to do it (like she did with the Barbaric Cultural Practices Tip Line). And it’s not like she didn’t have other blind spots, like the utter lack of EQ when it comes to dealing with people on a personal level (and I had one Conservative commentator refer to her on background as a “psychopath” that people would never warm up to, and lo, they did not).

The other thing that I will note that Leitch’s run did was reiterate for me just how broken our country’s leadership selection process has become. She never would have made the calculation if she didn’t think she could mobilise a voter base outside of the caucus, courting the ugly side of populism. Meanwhile, swaths of ostensible NDP and Green voters took out Conservative memberships in order to ensure that Leitch didn’t win, and while she didn’t get more than seven percent of the vote, the putative favourite of those temporary Conservatives, Michael Chong, didn’t do as well as Brad Trost (who is also facing a nomination challenge and may himself soon declare that he too won’t run again if the pattern holds). Taking out party memberships for the sole purpose of ensuring someone you don’t like doesn’t get in is nothing short of perverse in terms of the meaning of what those memberships are supposed to hold, and it demonstrates how the process is hopelessly broken. Leitch would never have become such a caricature under a proper caucus-driven leadership selection system.

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Roundup: Improperly claiming a state function

News came out of the PMO first thing yesterday morning that the PM was planning a “state visit” to India, with stops in Agra, Amritsar, Ahmedabad, Mumbai, and New Delhi in mid-February. And congratulations if the terminology there made you look askance.

https://twitter.com/InklessPW/status/955410767993487360

Apparently nobody but Paul Wells clocked them on this fact, and it’s not really surprising, but it’s tremendously disappointing. Why? Because Trudeau and his PMO should know better, especially after we lived through the first few years of the Harper era where he was deliberately blurring the lines between his functions as head of government and the ceremonial trappings of head of state, as Harper got inappropriate salutes from honour guards on Canada Day, or he put himself on the parade podium during Remembrance Day ceremonies (at least, until members of the Royal Family showed up on those events and put him in his place, protocol-wise). You would think that, in the interests of not following Harper’s example, that they would want to actually use proper protocol. But apparently not.

https://twitter.com/inklesspw/status/955495495987642368

This shouldn’t be that hard, but I’m torn as to whether we chalk this up to simple incompetence, or whether this is part of the trend that has been grumbled about where Trudeau seems more interested in the ceremonial trappings and the appearance that he would rather be Governor General than prime minister. I’m generally a fan of the theory that one shouldn’t attribute to malice what simple incompetence will explain, but come on. That said, the amount of protocol slippage in recent years is reaching epidemic proportions, with state funerals being granted to those who did not merit them, and the fact that this government hasn’t replaced the Canadian Secretary to the Queen following his retirement, meaning that our point of contact with Buckingham Palace is in the hands of bureaucrats in the department of Canadian Heritage of dubious motives and ability (and everything I’ve heard is that they tend to be small-r republicans, hostile to our constitutional monarchy). This is a disturbing trend, and we should call it out before it gets worse.

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Roundup: Imagining a competent committee

One of the most interesting pieces I read this weekend was a lament by financial journalist Kevin Carmichael, who imagined a parallel universe where a competent House of Commons finance committee could actually question the governors of the Bank of Canada about monetary policy decisions in the interests of accountability, rather than just juvenile point-scoring. And lament is really a good word for it, because this is the kind of thing that our committees should be doing – but they don’t. It’s all about who can try and get their party positions validated than dealing with the issue at hand, which in this case is the reasoning why the Bank of Canada is setting the rates where they are. As Carmichael points out, the Bank does hold press conferences and reporters can ask questions, and some of those journalists have a clue about what they’re asking, so that helps – but it would be great if our MPs could do the same. (Traditionally, senate committees tend to be where the serious questions get asked, but I’m not sure if the Bank appears before them regularly or not, and I haven’t had enough chance to see if the cohort of new independent senators has taken up the mantle of seriously questions – the kinds of questions that put fear into deputy ministers – just yet). Suffice to say, it’s a piece I encourage people (especially MPs) to read, and look at the kind of committees we could have, if enough MPs took the exercise as seriously as they should be.

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Roundup: Bad takes versus obstinacy

The bad takes continue to roll in on the Canada Summer Jobs brouhaha – so many bad takes – all of them written by straight white men who can’t fathom that these “sincerely held” religious beliefs that women and LGBT people shouldn’t be allowed to have equal rights, are in fact actual points of contention rather than some kind of Liberal Party demand for ideological orthodoxy. There seems to be not a clue that the governing party’s values are such that they have the gall to suggest that if you believe that women or LGBT people don’t deserve equal rights and you actively campaign against those rights, then maybe you don’t need taxpayer funds.

This isn’t to say that the government has done a stellar job of communicating this effectively, nor have they done a great job in drafting the wording of this attestation they want groups to sign. That’s fair criticism, and even pro-choice groups are saying hey, maybe you should clarify that language a bit so that you’re not freaking out the religious groups, and of course, the minister is obstinately saying no, I’m good with the wording as it stands – and I’m sure that they’ll be true to form and back down and agree to amend the wording after they get in another two or three weeks of self-inflicted damage, particularly after a week or two of mind-numbingly repetitive questions in QP about how this is all about feeding Christians to the lions, or some such bullshit – but we’ll hear all about it, and the Liberals will let this self-inflicted damage carry on until then.

This having been said, I’m at the absolute limit of my patience over the assertion of the pundit class that “if it had come from Conservatives but in reverse, there would be an uproar across the land.” That’s a quote from Chantal Hébert on The National on Thursday night.

There was uproar when the Conservative defunded anything to do with abortion internationally, and if you remember then-Senator Nancy Ruth’s blunt advice to women’s groups to “shut the fuck up about abortion,” it was well-meaning advice to stop poking the bear (for which she was unfairly castigated and her words being taken entirely out of context). Let’s not pretend that outrage didn’t happen then. Meanwhile, there was a hell of a lot less outrage when the Conservative defunded any LGBT festival or group that used to be funded, and the one time that they did give tourism funds to Toronto Pride, they got so petty about damage control that they literally trotted out Brad Trost to ritually humiliate the Minister of State, Diane Ablonczy, in order to placate their social conservative base.

“Two wrongs don’t make a right!” was the common Twitter response to this, and no, they don’t. My point, however, is that every single government engages in this kind of thing based on their values, and we can’t pretend that they don’t, or that this isn’t unique to the Liberals, nor can we pretend that the Liberals are getting an easier ride than the Conservatives did, because there wasn’t that outrage across the land when LGBT groups lost funding, or when HIV/AIDS service organizations lost funding, or when the Harper government pissed away millions in funds from the Gates Foundation in HIV prevention because they engaged in petty bullshit around local politics over facilities. Some of us covered those fights, and they didn’t get weeks of coverage or a plethora of terrible hot takes in national newspapers because that government was petty and ideological as opposed to inept about their communications strategy like the current one is.

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Roundup: Muddled takes on Charter rights

The bad takes on the government’s decision to stop giving summer job grants to groups that actively oppose abortions keep rolling in, with yesterday’s winner being one particularly mystifying piece that equates this to Christians being persecuted in ancient Rome. No, seriously. But probably the most overwrought objections are those which keep insisting that “there’s no Charter right to an abortion!” Err, no, there’s not. But when you try to take away that right, you trigger other Charter rights, most notably a woman’s right to life, liberty, and security of person, or the fact that discriminating against her ability to get a medical procedure does breach her Charter rights. University of Ottawa law professor Carissima Mathen walks us through some of those considerations here:

Emmett Macfarlane also took to Twitter to try to clarify some of the arguments in this particular case.

https://twitter.com/EmmMacfarlane/status/954045320224178176

https://twitter.com/EmmMacfarlane/status/954046117188177920

https://twitter.com/EmmMacfarlane/status/954048017727926272

https://twitter.com/EmmMacfarlane/status/954067759494778881

https://twitter.com/EmmMacfarlane/status/954141345152724992

This having been said, it should be reiterated that yet again, this government has not done a particularly stellar job in communicating this particular policy decision, especially in how they are fuzzily defining what is a “core mandate” that would disqualify them. It shouldn’t be difficult – is this an organization that is devoted to picketing abortion clinics, or counselling women against abortions under the guise of being a support service? No? Then you can get your funding. I also think that some religious groups are being a bit hyperbolic in their concerns, egged on by the likes of Andrew Scheer, who has been torqueing this issue (as he is wont to do with any issue) so that what’s actually at stake bears no relation to what it’s being characterized as. But that’s politics, apparently.

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