Oh, Hugh Segal. While I can understand your concern for your former colleagues, and that there were problems around due process for the trio of formerly suspended senators, I have to say that your demand for a formal apology from the Senate to Mike Duffy, Pamela Wallin and Patrick Brazeau seems a bit…off-base. The three were suspended in large part because of the ill repute that they brought to the Senate, and just because the Crown abandoned charges against two of them in the wake of Duffy’s acquittal, nobody is saying that none of them did anything wrong. A finding that Duffy’s actions were not criminal is far from finding that there was no wrong that had been done – the Senate’s own rules were broken, even in Donald Bayne managed to convince a judge that the rules were vague. Segal is also off-base when he says that the Senate should have spent their energies fixing those rules instead of throwing people under the bus – in fact, the Senate has been working on updating their rules for years, even before the Duffy expenses were brought to light, and that trial hastened the reform process that had already been underway. Saying that they are owed back pay and again forgets that they brought disrepute onto the institution, and were punished for it within the rules of the Senate. Yes, as stated, there were problems with the due process of it, but rules were broken. Expenses were claimed when they should not have been. Calendars were altered, meetings were claimed that did not happen. Official addresses were made where senators did not live. These facts are not really in dispute, and the Senate had an obligation to do something about it, if not for any other reason than to be shown to be addressing the problems that were addressed rather than letting them slide and opening themselves up to even more criticism about letting people get away with it just because they’re senators. Was it embarrassing for everyone involved? Yes. Is it “torture” to still demand that Duffy repay expenses that were proven to have broken the rules? Hardly. Is it the Senate’s fault that the RMCP and the Crown didn’t do a thorough enough job? Not really. In light of all of this, I find Segal’s insistence on apologies to be hard to swallow.
Tag Archives: Justin Trudeau
Roundup: More awful electoral reform questions
Another day, another meeting of the electoral reform committee, which produced yet more kinds of awful. Marc Mayrand, the outgoing Chief Electoral Officer, gave a few facts to MPs, like the fact that a referendum (if the enabling legislation were changed) would cost about $300 million to run, or the fact that Elections Canada could be ready in time for a 2019 election under a new system, provided that everything was settled by May of next year. (Note: This may be overly optimistic considering the constitutional questions raised by some kinds of voting systems). But some of the worst moments were around questions raised to both Mayrand and his predecessor, Jean-Pierre Kingsley, about things like online voting.
Kingsley suggest at some point people will wonder why they can't vote "on this." #ERRE pic.twitter.com/GgjXqObf80
— Althia Raj (@althiaraj) July 7, 2016
No. No, no, no, no, no. The problem with online voting has zero to do with encryption technology and everything to do with the secrecy of the ballot, and anyone who confuses the two needs a smack upside the head. The secrecy of the ballot is ensuring that nobody sees who you are voting for, so that you can’t be rewarded or punished for it, you know, like in the era of “rum bottle politics.” And you can’t ensure the secrecy of the ballot with online voting. “But what about mail-in ballots?” you ask. Well, the proportion of those is so small that it’s a compromise that we have to make. Online voting is not comparable.
https://twitter.com/inklesspw/status/751122720520282113
This particular intervention is complete nonsense. Does David Christopherson not take the phone calls of his constituents unless they can prove that they voted NDP? Does he not present their petitions in Parliament? Oh, so he does? Then they don’t “get nothing,” and it’s fundamentally wrong for anyone to suggest otherwise, and proof that they don’t know what it means to be an MP.
At #ERRE, Jean-Pierre Kingsley make pt to show unfairness of #FPTP. Here's what this look like. #electoralreform pic.twitter.com/Iqw7KkX38I
— Broadbent Institute (@broadbent) July 7, 2016
And then there’s this specious and utterly wrong nonsense, because it’s fundamentally dishonest. Do you know how many voters it took to elect Elizabeth May? 37,000 votes. We have ridings, where people decide who gets to sit in each seat. We don’t apportion seats based on the number of votes they receive, and to try and present it as such in order to prove some point is basically lying. And yes, this is the kinds of discourse that this process is bringing out, so well done everyone.
And then there are the editorials and op-eds. Christina Spencer is not at all impressed with how this committee has gotten started (and I can’t say that I blame her – it’s been pretty awful). Kelly McParland thinks the Liberals are counting on apathy in order to get their preferred electoral system through (hence their reluctance for a referendum), while Michael Den Tandt thinks the insistence of “focus grouping” their electoral reform consultations is really a shell game of “trust us” while they push ranked ballots through. Colin Horgan suggests that the “electoral reform toolkit” is an attempt at making the conversation appear to be more grassroots.
Roundup: Monsef’s terrible “event toolkit”
Maryam Monsef appeared before the special committee on electoral reform, and it went about as well as you could expect, from her frankly juvenile (and wrong) opening remarks, to the predictable questions from those there – the Conservatives demanding a referendum, the NDP demanding to know whether the fix was in for ranked ballots, and Elizabeth May making outrageous remarks in her boosterism for proportional representation. Oh, and the Liberals at the table wondering just why she cares so much. No, seriously.
https://twitter.com/laura_payton/status/750754591784984576
Elizabeth May just said our electoral system was invented when people thought the earth was flat, which is just a very weird thing to say.
— Paul McLeod (@pdmcleod) July 6, 2016
https://twitter.com/laura_payton/status/750777788257402880
Trying to work on another story while following #ERRE, but sweet Rhea mother of Zeus, these people… pic.twitter.com/7pr35D5dvd
— Dale Smith (@journo_dale) July 6, 2016
What was perhaps most surprising and yet odious about the whole affair was the 38-page “event toolkit” that Monsef unveiled at the appearance, which is designed to help facilitate discussions on electoral reform. (National Post summary here if you don’t want to read the whole thing). And it’s ridiculous and terrible. Laughably so, especially with the step-by-step instructions on how to host one and advice like creating a “special hashtag” for your event.
"This enables you to easily build and track the buzz around your event." #SpecialHashtag
— Jen Gerson (@jengerson) July 7, 2016
Event planning aside, the few pages devoted to different electoral systems are actually terrible because they miss the point. They all stem from a kind of discussion that fetishises “representation” and talks nothing at all about accountability, which is half of the gods damned equation when it comes to why we vote at all. It is not enough that we vote for a person and can be all warm and fuzzy about what that “representation” means to us (which is where a lot of the unicorn thinking of electoral reformists tends to wind up), but rather, it must also provide us with a means of holding those who are already in place to account. That means an ability to vote them out, and the only time that the word “accountability” is mentioned is on the page of the “guiding principles” that Monsef purports that the exercise is to he held under, and even then, the mentions do not get to the point. The principle of “preserve the accountability of local representation” and asking “how could any proposed reforms affect MPs’ accountability to citizens” does not actually make it clear that the ability to hold an MP or a party to account is a fundamental principle of our democratic system. Instead, we are treated to the usual “more democracy” kinds of rhetoric that are bogging down our whole understanding of our electoral system. It’s why I treat this whole exercise with suspicion, and those fears are being validated.
Roundup: A milestone Pride
Though he had committed to it long before the shootings in Orlando, there was a particularly importance to the visibility that Canadian political leaders brought to Toronto Pride this year, and for the first time, a sitting Prime Minister marched, alongside an openly lesbian Ontario premier. For the first time, the Conservative party leaders, both federally and provincially marched, along with leadership candidates Maxime Bernier, Kellie Leitch, and Michael Chong (and Lisa Raitt, should she decide to throw her hat into the ring). Absent however was outgoing federal NDP leader Thomas Mulcair, which is unusual considering how the NDP generally pride themselves on being at Pride. And yes, Elizabeth May was there for her tenth year in a row as well. This year, being in the shadow of Orlando, was a reminder that yes, Pride is political, and the actions of Black Lives Matter Toronto added to that politicisation (make of their tactics what you will). That you had the entire political spectrum in Canada represented for the first time was a milestone worth noting.
History. #PrideTO pic.twitter.com/UVnGOIV28E
— John Tory (@JohnTory) July 3, 2016
It was a great day in Toronto! Super journée à Toronto! pic.twitter.com/MKJTGaOadi
— Rona Ambrose (@RonaAmbrose) July 4, 2016
In a place where a Pride parade really matters, one happened in Steinbach, Manitoba, after much pushback from the local political leaders, in a place where openly gay and lesbian people have literally been run out of town by harassment and bullying. Visibility is important, particularly in these smaller towns where ignorance and fear go hand-in-hand, making the need to be visible all the more important, lest nothing change.
Roundup: Specious arguments about political bullying
As someone who writes a lot about our democratic system (true fact – I have a book about it coming out in March), I read a lot of really dumb things that people try to assert in order to make a point. The Citizen had an op-ed yesterday that pretty much takes the cake for specious reasoning when it comes to asserting that our electoral system somehow turns everyone into petty bullies. That’s right – it postulates that First-Past-the-Post is responsible for The Elbowing that happened a couple of months ago. No, seriously. It’s such a moronic argument that I. Can’t. Even.
Here’s the thing – trying to blame the electoral system is a losing proposition because trying to prove the counterfactual amounts to pixie dust and unicorns. Electoral politics can get nasty because that’s the nature of competition, and even in systems that are supposedly built upon consensus models (such as the legislatures in the NWT and Nunavut), there is just as much bullying among MLAs that takes place as in the oppositional system we have here. There is all manner of fractious and nasty politics in countries that have proportional or ranked ballot systems because it’s almost like we’re all human beings or something. Add to that, trying to put the blame on the logically fallacious notion about “false majority” governments (which don’t exist because the popular vote is not a real thing – elections are not single events but rather 338 separate and simultaneous events that you can’t simply mash into a single statistic and expect it to be meaningful) doesn’t automatically turn the victors into bullies because it posits that either “true” majorities or minority governments would not be the same. That’s of course false, as large majorities can turn triumphalist and run roughshod over opposition parties just as much, and minority parliaments can be petty and nasty as parties clamp down in order to ensure that the government isn’t toppled, as our own recent memory shows. None of this has anything to do with First-Past-the-Post, and pretending that another system would force parties to work together forgets that it simply means shifting from one model of horse-trading and bargaining to another model, where there tends to be more extreme elements jockeying for power instead. So, to be quite frank, if this is supposed to be “kicking off” a discussion on electoral reform, it might as well be a tale that includes a vampire or two because it’s just as fantastic.
Roundup: To give or not to give Sophie resources
At his session-ender press conference, Trudeau highlighted three carefully chosen accomplishments, gave no additional clarity on the missing and murdered Indigenous women file, and didn’t commit to an open process for fighter procurement. All of that was par for the course, given that it was a lot of back-patting, but also a reminder that there is still a lot of work ahead, and he doesn’t want to look like he’s patting himself on the back too much. What I found more curious was in response to a question that he said that his wife, Sophie Grégoire Trudeau, should be able to have resources to carry out the duties that she has set about to undertake, but that he also doesn’t want to create a formal role for prime ministerial spouses going forward so that there is no obligation for the future. There is a certain amount of sense to this position, but it’s a very fine line to walk. Currently, she has one assistant and is given help from PMO staff on an ad hoc basis, as needed. Speculation with the staffing changes made to the household, particularly around nannies, has to do with creating space on the staff for an additional assistant for Grégoire Trudeau, but we have yet to see that materialise. None of it answers the specific existential question however on the role that prime ministerial spouses play. The reluctance to create an official position is a good instinct to have, especially because it bears reminding again and again that we are already a constitutional monarchy, and we have a royal family to take on these particular roles. In fact, the GG and his spouse also take on these kinds of feel-good roles in the absence of a more present royal family, which leaves very little room for a prime ministerial spouse to take it on. What they have to trade in – particularly Grégoire Trudeau – is a kind of celebrity status, especially as the previous few prime ministerial spouses haven’t had much in the way of a career of their own, and for Grégoire Trudeau, it has become her career to be a public speaker at events and for particular charity groups – and there’s nothing wrong with that. It nevertheless makes for a sticky situation with who pays for the help that such a career entails, particularly if it becomes an important optical consideration that she not be paid for the work (and if she were paid, even on a cost-recovery basis, one can already imagine people hissing “how dare she!” on accepting money from charities no matter that it’s the cost of doing business and standard practice). So we are between that proverbial rock and hard place. I don’t have a solution to offer either than to say that there is no winning, and it now becomes a way of finding the least unpalatable option, and that may wind up being what Trudeau is signalling – resources but the explicit rule that this is not formalising the role in any way. His reminding people that we have a royal family for these kinds of things wouldn’t hurt either so that we can stop this constant “First Lady” talk.
Roundup: Save your prayers
As reaction to the Orlando shooting started to roll in, the rote phrase of “thoughts and prayers” was pretty much stock on most public officials’ tweets and posts, including in Canada. The Governor of Florida went so far as to say that now was a time for prayer. And yes, reaction to these kinds of events is now rote and ritualised, and it gets worse with every time that it happens.
https://twitter.com/scott_gilmore/status/742066737995231232
In this particular incidence, however, people calling for prayer are precisely the wrong thing to say. Why? This was a crime directed at the LGBT community (in this instance, particularly gay men), and it should not bear reminding that this is a community that has to deal with spiritual violence directed toward them on a consistent basis. What exactly do you think that calling for prayer for a community that is constantly told that they’re going to hell means to them? Do you think it somehow comforts them to know that the same god who is wielded against them is supposed to be looking after them? Really? As well, the fact that the word “homophobia” is absent from most of the leaders’ statements is a problem in my opinion.
Mentions terrorism, not homophobia. https://t.co/4w87TXWkwh
— Dale Smith (@journo_dale) June 12, 2016
“Domestic terror attack targeting the LGBTQ2 community” but doesn’t say homophobia. https://t.co/LliZuufmWW
— Dale Smith (@journo_dale) June 12, 2016
While it’s all well and good to call it domestic terrorism – which it undoubtedly is – the problem with that narrative, particularly with an ostensibly Muslim shooter (that he may have declared allegiance to ISIS being entirely irrelevant) is that it diminishes the act perpetrated against the targeted community. Both Trudeau and Ambrose are supportive of the LGBT community, of that there is no doubt, but for them not to call out homophobia point blank is disappointing, particularly because words matter, and when the word they choose is “terrorism,” it sets up for a specific response, and in today’s climate, that response gears toward Islamophobia instead. Across the Twitter Machine, people insisted that it was Islam who planted the seeds of homophobia in the shooter, which is rich considering how much the Christian right-wing in America uses blatant homophobia (and more recently transphobia) for political ends. But suddenly these same American politicians care about the lives of 50 people gunned down in a gay nightclub (without ever having to say the words “gay” or “homophobia,” natch). Fortunately, things are a little better on this side of the border.
.@keithjs Screenshot of Rempel’s FB message: pic.twitter.com/1t0kPEBgSu
— Dale Smith (@journo_dale) June 12, 2016
Needs to be shared: I am an openly gay MP elected by the largest Muslim community in Canada #cdnpoli #orlando #DVW pic.twitter.com/tYD32elc1V
— Rob Oliphant (@Rob_Oliphant) June 12, 2016
I would like to see more statements like Rempel’s, where homophobia is called out, and there are no calls for prayer; and likewise with Oliphant’s, who reminds people that Muslims are not automatically homophobes or hate-mongers. Words matter. We should ensure that they are used wisely.
Roundup: Everyone’s an expert
More amendments to C-14 in the Senate, and the very real threat from senators that they would rather veto a bad law (such as the bill as originally drafted) than let it pass and have to head back to the courts, is prompting everyone to consider themselves an expert on the Senate and how to reform it. After days of clutched pearls by pundits and the odd bit of praise (such as Martin Patriquin’s grudging admission that the Senate is a necessary evil), we’re also starting to get some pretty bizarre pieces out there, like one from iPolitics, where they got a mining company CEO to weigh in on reforming the chamber.
No, seriously.
Apparently, according to this “expert,” Trudeau has gotten it all wrong by creating a situation with “no enforceable rule,” and apparently we’ve never had a situation in the past 149 years where bills bounced back-and-forth between the chambers. Err, except that there have never been real levers by which a Prime Minister could control the chamber, only sentiment on the part of senators in his or her caucus, and we’ve had plenty of situations where bills went back-and-forth, including to having conferences between chambers (a situation which is unwieldy in the current configuration of the Senate). And while Trudeau has made mistakes, he is not to blame for the Senate’s actual constitutional powers, which are currently being demonstrated.
But wait – there’s more!™
Our CEO “expert” says that the solution is not Triple E (thankfully), but rather to reduce senators’ term limits to 12 years, to give provinces a veto on their nominees to represent them, and to ensure that a nomination panel ensures that “a new Senate is younger, more representative and better qualified for the work by credentials and life experience.”
Term limits are a solution in search of a problem because they reduce institutional independence. The problem, identified in the Ontario factum to the Supreme Court reference, is that a senator nearing their term limit can start to curry favour with the government in hopes of a post-Senatorial appointment to a tribunal or diplomatic posting. By ensuring that their end date is age 75, it scuppers those plans and keeps Senators from sucking up. Provincial vetoes? Well, senators are not there to represent provincial governments. They are not even technically representing provinces, but rather regions, and their representation tends to be for minority communities, be they linguistic, ethnic or even religious, which was the express purpose for why the Senate was built in the way that it was. And demands for a younger Senate clash with the desire to get accomplished Canadians to serve in its ranks toward the end of their careers so that they can draw on their decades of experience, and if you look at some of the qualifications of our current senators, they are on the whole a very accomplished group indeed (some exceptions apply).
So rather than get some CEO to bloviate without any actual institutional knowledge or awareness, perhaps we should all brush up on our civic literacy and learn about the chamber as it currently exists before start weighing in on how to fix something that is not actually fundamentally broken.
Roundup: Constitutional conventions are constitutional
There was another example of the shocking level of civic illiteracy in our elected officials yesterday as Green Party leader Elizabeth May again trotted out the canard that political parties aren’t in the constitution. She was making a perfectly good point of privilege around the way that independent MPs and those from not officially recognised parties are being adversely affected by rules changes that are being carried forward from the last parliament, and that’s fine, but she’s shockingly wrong about the constitutional status of parties. Why? Because while political parties are not literally in the Constitution Acts of 1867 or 1982, they are part of the grounding framework of our system of Responsible Government, which is in and of itself a constitutional convention – part of our unwritten constitutional inheritance from the United Kingdom. It shouldn’t need reminding but apparently it does because apparently nobody learns civics any longer, but constitutional conventions are constitutional. In fact, they are just as enforceable as elements of the written constitution. And lo and behold, the preamble to the 1867 Act is:
Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom
This is exactly where our Responsible Government framework lies. The UK has an unwritten constitution, and its constitutional conventions have stood the test of time, and this is precisely why May and others who follow her logic are dead wrong. Parties are at the heart of Responsible Government because it’s how a government gains and maintains confidence. The system simply cannot hold with hundreds of “loose fish” all vying for attention and reward. (If you try to bring up the party-less territorial governments, smack yourself upside the head because you simply cannot scale up a consensus model from 19 members in NWT or 22 in Nunavut to 338 in Ottawa. It is a complete impossibility). Does that mean that we don’t currently have problems with the powers accumulated by party leaders? No, we absolutely do, but that’s also because we tinkered with the system of selecting those leaders, presidentializing them with massive membership votes rather than caucus selection that keeps them accountable in the Responsible Government tradition. But parties are absolutely essential to the functioning of our parliamentary system, and the fact the written portions of our constitution are silent on that fact is indicative of absolutely nothing. If one relies solely on the written portions and not the constitutional conventions, they are wholly ignorant of our system of government, and need to be called out as such.
Roundup: Debating electoral reform processes
Amidst all of the continued and sustained howling by the Conservatives for an electoral reform referendum, and the interminable bellyaching about the composition of the parliamentary committee and how it doesn’t let the NDP game the system in their favour, the Ottawa Citizen commissioned Stewart Prest to write a pair of op-eds about the reform process and the problems it faces, and to debate between the usefulness of a referendum or a citizens’ assembly. On the former point it’s fairly uncontroversial – that the Liberals won’t be able to get broad-based buy-in unless they can get more than one party on-side, but we’re not having any discussions about ideas because all we’re hearing is howling and bellyaching. Prest’s latter point, however, is the much more troublesome one, because I have a great deal of scepticism about citizens’ assemblies, particularly based on what happened in Ontario. Prest touches on the two main criticisms, both of which need to be expanded upon – that they are easy to manipulate, and that they undermine our representative democracy. On the former point, the outcomes of these assemblies tends to be overly complicated and shiny, what with STV in BC and MMP in Ontario. That there is a pro-reform bias to these assemblies is in and of itself a problem (not to mention that the pro-reform narrative, no matter who it comes from, is ripe with dishonesty particularly as it comes to the status quo), but that the lack of civic literacy on the part of the participants makes it easy for them to fall into the thrall of the various “experts” that steer them to the various options. As for the latter point, I do think it’s a problem that we entrust these very big decisions to a group of randoms with no legitimacy. (If you bring up the Senate’s legitimacy, I will remind you that their authority comes from the constitution and that their appointments are based on the Responsible Government principle that they are made by a government with the confidence of the Chamber). It does diminish our representative democracy because the inherent message is that politics is not to be left up to the politicians, which is a sad kind of cynicism. We elect our MPs for a reason. While I could be convinced as to the merits of a referendum because it would legitimise a decision of this magnitude made by our elected officials, to pass off that decision to yet another body is to again this same kind of buck-passing that has made it acceptable for us to insist that the Supreme Court now do our legislating for us instead of MPs, or officers of parliament to do the role of opposition instead of MPs. Why? Because it’s easier for the elected to hide behind the unelected to avoid accountability, and the public laps it up because they’re not elected so they must have superior opinions, freed from the grasping for re-election. So no, I don’t really see the merit in citizen assemblies as an end-run around democracy, and I think it needs to be called out more loudly.