Roundup: Peter Harder’s ham-handed problems

First it was the curious announcement from long-time Liberal Senator (and one-time leader of the provincial Liberal party) Grant Mitchell was stepping away from the senate caucus to sit as an independent. For someone as nakedly partisan as Mitchell, it was a curious move that raised a number of questions for me. Then, later in the evening, news came down that Peter Harder, the “government representative” in the Senate, will be naming a deputy and a whip, and that whip was to be Mitchell. (The deputy was named as Diane Bellemare, who was a Conservative senator who quit that caucus a couple of months ago and became a founding member of the Independent Working Group). In amidst a number of smartass remarks going around the Twitter Machine about how an independent whip was supposed to work, I will offer again the reminder that in the Senate, the job of the whip is more about logistics and administration with things like assigning offices and parking spaces, and with organizing committee assignments and seeing that absences are filled on committees than it is about telling senators how to vote. Likewise, deputy leaders in the Senate are much more equivalent to House Leaders in the Commons, where they help determine scheduling of debates on bills and so on. But given that Justin Trudeau was looking to shake up the way the Senate operates, thus far it has mostly been about rebranding the office of Government Leader in the Senate under a new name and maintaining the “not a minister in name only” fiction that Harper employed when he wanted to put distance between himself and the Senate. Add to that the odd insistence that Peter Harder sit as an independent while taking on this role, which is problematic at best. But if his job is just to represent the government, and to shepherd legislation through the Chamber, then why does Harder need a second person to do the House Leader-equivalent work, or a whip for the independents – particularly when the Independent Working Group has been working on developing a system of administrative representation for those unaligned senators. It smacks to me that Harder, whether with the blessing of Trudeau or not, is trying to impose a top-down organisation for unaligned senators in the chamber rather than letting the bottom-up process that the Working Group is engaged in run its course. While I’m not indulging the conspiracy theories that this is all a crypto-Liberal charade playing out, I do think that Harder is overstepping here by a great degree. Sure, it looks greatly symbolic that he got a Conservative and a Liberal with him to do these tasks, but it does look like he’s trying to impose something on the new independent senators that currently goes against what the Senate rules allow (being of course a caucus organisation that is not tied to an existing federal political party). As with Harder trying to get an inexplicably big staff for the job he says he plans to do (as opposed to the old job of Government Leader), this new move is problematic. It could very well be that Harder doesn’t know what he’s really doing and how the Senate operates, which was always the going to be a problem when Trudeau insisted that his “representative” would come from the first batch of independent appointments. But these ham-handed moves are making that problem all the more glaring. This is an increasingly obvious example of Trudeau not thinking through his Senate plans and ballsing it up as he goes along because he doesn’t understand the institution either, and that is a problem.

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Roundup: No appetite for back pay

With parliament resuming this week, all attention is on whether or not Senator Mike Duffy will resume his duties. After all, there have been a few signs of activity in his office, with computers being updated and such, but there remains a question as to whether his health will allow it, but we’ll see. As for the question as to whether he will be getting any back pay for his time suspended without it, well, senior senators are not so keen. In fact, the phrase “no appetite” is continually used, and they are quick to point to the fact that the Senate’s internal discipline – which the suspension was part of – was based on the Deloitte audits and not criminal findings of guilt or innocence, thus his acquittal by the courts makes it largely an irrelevant issue as far as they’re concerned. I would also add that should Duffy decide to press the issue, well, there are a few well-placed senators who around this issue who are known to leak things to the media, and who will undoubtedly start doing so about any other skeletons in Duffy’s closet that they are aware of. Meanwhile, there remain questions back in PEI about whether Duffy remains qualified to represent the province, as there is still a level of distrust that he is actually a resident (and given that it sounds like he spent the bulk of his time on suspension in Ottawa, well, that doesn’t help matters much). Meanwhile, some Conservative senators are grousing a little bit that Senator Peter Harder isn’t really providing much in the way of answers during regular Senate QP (as opposed to ministerial versions thereof). I think they’re being a bit unfair, considering that he’s been on the job only a couple of weeks and hasn’t yet staffed up his office, nor really had a chance to get proper briefings from the Privy Council Office (because yes, he has been sworn into the Privy Council to take on this job, making him a quasi-minister) on the files that he is likely to be asked about, or had much in the way of a briefing binder prepared, but it does put him on notice that they do expect him to step up his game in the role of “government representative,” particularly when it comes to being the conduit for holding the government to account. These are things that are important, especially as there are no opposition voices in the Commons from Atlantic Canada or the GTA, making the Senate’s role in asking those questions all the more important.

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Roundup: Mulcair’s political demise

Well, that was unexpected. After the NDP voted to adopt a resolution that would see them take the Leap Manifesto back to their riding associations for further discussion – much to the protests of their Alberta delegates – Thomas Mulcair took to the stage to give a lacklustre speech that was basically a rehash of his election speech for the past, oh, ten months, with the whole laundry list of applause lines and nothing about why he deserves to stay at the helm. And when the party voted, they voted 52 percent in favour of a leadership review. Mulcair indicated that he plans to stay on as interim leader until a new one can be chosen, which may be a process of up to two years, but we’ll see how long that lasts once the caucus and national council have had their deliberations. Suffice to say, there has been a tonne of reaction. Jen Gerson digs into the events a little more including some local reaction to the Leap Manifesto resolution adoption, while Jason Markusoff discusses that adoption on the Alberta NDP. Markusoff and John Geddes enumerate eleven signs that showed that Mulcair wasn’t going to win the review vote. Here are the five steps the party needs to take next regarding the leadership, and a look back at the results of leadership reviews in years past. CBC looks at some possible contenders for the leadership contest, while Don Braid advises Rachel Notley to divorce her party from the federal NDP. Chantal Hébert notes that the writing was on the wall for Mulcair from the start of the convention, while Michael Den Tandt says that the Leap Manifesto will sink the NDP permanently. Paul Wells delivers a tour de force with the questions that the party now has to grapple with as they choose that new leader, and the divides that future leader will have to straddle.

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Roundup: Slowly effacing the Crown

There has been a certain level of trepidation amongst monarchists when the Liberals came to power, given their penchant for rewriting Canadian monarchical symbols out of things in order to focus on the maple leaf. When Trudeau announced that there would be no changes to our relationship with the Crown, there was a bit of a sigh of relief, particularly when he said that he would not be de-royalizing the service names of the Canadian Forces, but they are slowly and subtly reversing some of the Conservative restorations of monarchical symbols, starting with generals’ rank pins. They had gone from maple leaves, reverting to the older crowns given that hey, this country is a constitutional monarchy and the head of the Canadian Forces is the Queen of Canada. But now they’re turning back into maple leaves. The official excuse is that it’s easier for our international allies to recognise, but I am suspicious that this isn’t in fact a reversion to traditional Liberal effacing of monarchical symbols. What especially makes me insane about this is that it reinforces the narrative that the Conservatives as the party of the monarchy, inherently politicizing the Crown which should never, ever happen, and which is really, really irresponsible for the Liberals and NDP to engage in. Like, completely and utterly boneheadedly irresponsible. The Crown is our central organising principle. It is the centre of our constitutional framework. I cannot emphasise enough that letting one party drape themselves in the glow of the Crown unchallenged is beyond negligent. Worse, they not only let it go unchallenged by buy into this completely wrong narrative that they’re reverting to Britishisms when the Canadian monarchy is separate and distinct (well, more or less, but there is not grey area thanks to the Conservatives’ completely boneheaded royal succession bill). Rather than defending the Crown of Canada, you now have parties that are playing stupid political games around it, and doing lasting damage to Canadians’ understanding around our very constitutional framework. So slow claps all around, because this is the height of ignorant wrongheadedness. Everyone needs to be spanked for this petty and irresponsible nonsense.

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Update:

I may have been hasty about the pips, as there may be good reason to change them. The rest of my points, about allowing the Crown to be politicized (especially since it allows more clueless journalists to put this frame around it), and my own trepidation about the Liberal penchant for effacing Crown symbols, remains.

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Roundup: Doing the policy heavy lifting

If you were to turn to the Big Book of Canadian Political Journalism Clichés, you’d find pages of tiresome and frankly libellous descriptions of the Senate of Canada. And oh, look – The Canadian Press drew from a number of them to craft the lead of their latest piece: “Canada’s Senate, often accused of being an anachronism, is being asked to wrestle with the futuristic dream of driverless cars.” Of course, the accusations of being an anachronism often come from clueless political journalists who recite the received wisdom around the Upper Chamber with little or no critical insight or understanding of Chamber, its actual role, or its operations, and they treat it like a joke, which makes ledes like this commonplace. “Isn’t it hilarious that the Senate is supposed to look at future technology? Aren’t they all ancient, napping in the Chamber? LOL,” and so on. And then this line a little further down in the piece: “His request for a Senate study is part of the Trudeau government’s attempt to recast the much-maligned upper house as an independent and valued institution that has an important parliamentary role to play.” Um, no, it doesn’t need to be recast as having an important role to play because they’ve always had it. The Senate has been doing the kinds of cutting-edge policy study and research that the Commons can’t or won’t for decades. Just in the last parliament alone, they studied things like BitCoin and crypto-currencies, and they have been debating legislation on growing issues like genetic privacy that the Commons continues to shirk while they snipe at one another over partisan issues. But hey, when asked to do a comprehensive study on the regulatory, policy and technical issues that need to be addressed by the growing field of driverless cars, hey, it’s all a big joke because it’s the Senate. That kind of tiresome attitude is part of why the studies and reports that come out of the Senate – which in many ways acts like a built-in think tank for Parliament (and a hugely cost-effective one at that) – tend to go under the radar. Some reports get a couple of days of press, such as the very good report on the Canada-US price differential (which the previous government then largely ignored when they went to craft legislation to close that gap – an issue now moot thanks to our falling dollar), but for the most part, the media will ignore the studies. It’s really a shame because there is a lot of good work in there that is worth a lot more discussion and attention, lest it gather dust on a shelf. But why actually turn to those studies when we can make jokes about the Senate, malign its denizens thanks to the actions of a couple of bad apples, and ignore the actual work while grumbling that they aren’t elected? It’s too bad that We The Media can’t take these things more seriously, as we would all be better off as an informed citizenry as a result.

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Roundup: De-Canadianizing the Crown

A decision from the Quebec Superior Court came down yesterday which will have grave constitutional implications for Canada, yet few people actually know or understand it. The case challenged the royal succession law that the previous government passed as part of the series of reforms passed in all of the realms that share Queen Elizabeth II as their respective monarch, and by most reckonings, the Canadian law was a complete sham, simply assenting to UK legislation, in essence subordinating the Canadian Crown to a subset of the UK crown, despite the fact that they became separate entities after the Statute of Westminster in 1931. The Quebec Superior Court, however, sided with the Department of Justice, that the monarch was the same per the preamble of the constitution as opposed to a separate legal entity, and essentially reducing Canada back to a subordinate British colony, all because the Harper government didn’t want to go through the necessary steps of doing a proper constitutional amendment to change the Office of the Queen to match the aims of reform. So long, Queen of Canada. We hardly knew you.

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Roundup: No ideological obstruction

There’s the Senate bat-signal again. Conservative Senate leader Claude Carignan says that his caucus won’t abuse their majority in the Senate to thwart Liberal legislation that comes forward, to which I say “Um, yeah. Of course.” Because wouldn’t you know it, Senators have a job to do, and they know it. Of course, I’ve never bought into the conspiracy theory that Conservative senators would be the puppets of Harper, trying to influence things beyond the political grave, or even the theory that they would be extra dickish just because they were Harper appointees. Then again, most people seem to forget that senators of any stripe suddenly get a lot more independent when the PM who appointed them is no longer in office, and they get really, really independent once leadership races kick off. So far we’re at the first of those two, and with the Conservatives as a whole allegedly experimenting with a less command-and-control style of leadership, we may see the yoke they unduly placed over their Senate caucus lifted. Mind you, we’re still waiting for a signal to see what Trudeau will do in terms of both the Speaker of the Senate and the Leader of the Government. Without a Leader, they might as well just cancel Senate Question Period, which would be a loss because it’s quite instructive for how QP in the Commons should be run. Some senators have floated the idea of just having Senate QP be about asking questions to committee chairs (which, incidentally, they already can do), but it’s not a good idea because those committee chairs aren’t going to have a lot to say about issues of the day, they won’t have access to briefing materials, and they aren’t conduits by which the government can be held to account, which is the whole point of QP – not asking details about committee work. But seriously – can we please stop worrying about fantastical hysteria about what the Senate is going to do? 99 percent of it is based on false assumptions and ignorance of the chamber, and it’s so, so tiresome. They have jobs to do. Let them.

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Roundup: No, Chong’s bill won’t give us Australian leadership spills

News of the leadership spill in Australia, ousting Tony Abbott as prime minister and ending the greatest political bromance of the Commonwealth countries (Harper and Abbott were quite the mutual admiration society), we were suddenly inundated with Twitter musings about whether that could happen in Canada, thanks to Michael Chong’s Reform Act which passed this summer. While Kady O’Malley offers the “in theory” answer, the in practice answer is that no, it couldn’t happen here, because Canada has a terrible system of leadership selection that purports to “democratise” the system with grassroots involvement, but instead created an unaccountable and presidentialised system of an overly powerful leader that has little fear of their caucus turning on them, because caucus didn’t select them. When it comes to removal, selection matters. A lot. Chong’s bill, perversely, makes an Australian situation less likely by raising the bar for leadership challenges to happen in the first place, and would instead give us situations like what happened in Manitoba where a sitting leader was challenged, and when it went to a leadership process where he still participated and won based on the grassroots support when his caucus was no longer behind him, well, it’s ugly and it’s down right unparliamentary given that a leader needs to have the confidence of his or her caucus, and when they don’t but stay in based on grassroots votes, the system breaks down. Paul Wells cautions that reforming a system usually replaces real or perceive problems with different problems, while Andrew Coyne points out that being able to dump a bad leader quickly is the lesser evil of being stuck with them.

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Roundup: Mulcair’s Senate delusions

It was Thomas Mulcair’s turn to talk to Peter Mansbridge, and it was a bit of a doozy. Not only because he too insisted that whoever wins the most seats should form government (with a bunch of “it’s a really complex constitutional question but…” thrown in), but rather because of his continued wilful ignorance about how he proposes to deal with the Senate. It’s not just about his fantasy notion that Senate abolition could ever happen (which it won’t), or that he’ll somehow be able to sit down with the premiers and make it happen right away (even if he brings the federal cheque book to the table, it’s still not going to happen). No, it’s his attitude for how he would deal with it should he form government. Not only are vacancies mounting, but he told Mansbridge that he wouldn’t even appoint a Government Leader in the Senate. This is actually a Very Big Deal. Why? Because if legislation is to pass the Senate, it needs to happen according to proper procedure, and proper procedure requires a government voice – particularly one from cabinet – to be in the Chamber to shepherd government bills through, an to answer questions on behalf of the government in Senate Question Period. Now, Harper has already been petulant about this when he refused to make his current Senate leader a member of cabinet (even though he still gets PCO support, and as we’ve learned, PMO handlers to deal with messaging), but there is still a government leader in there to do the things that he’s supposed to do. If Mulcair would be so completely cavalier as to further break an already damaged institution by refusing to let it do its job properly under the pretext of daring them to vote down bills passed by the Commons, it’s unconscionable. We have someone campaigning to be the leader of the country on a platform of thumbing his nose at the constitution, whether that’s around a refusal to make appointments, or in ensuring that it can do its job. And this is more than a question of “democratic expression” of a government that has won an election, as Mulcair phrases his bullying tactics – it’s about process. And what is democracy? Democracy IS process. Process matters, just like the constitution. Why are we giving him a free pass when he seems to be of the notion that the constitution and the institutions of parliament don’t matter?

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Roundup: The slippery slope of civic ignorance

With Justin Trudeau adding his voice to those of the other leaders in completely misreading how a Westminster democracy works with the formation of government (albeit acknowledging that the incumbent does get the first crack), I think it’s quite apparent we’re in a crisis of civic literacy in this country. While Kady O’Malley gives a refresher here, there was an interesting idea posited by Leonid Sirota that we may be witnessing the birth of a new convention. I’m a bit sceptical about that, and would agree more with Emmett Macfarlane that it may be a political convention as opposed to a legal one, but it should also be a warning signal to our political actors that ignorance of the system, whether genuine or deliberate, does have broader repercussions. The system works the way it does because, well, it works. That’s why it evolved the way we did. To try and move it past that for crass political purposes demeans it, and opens a number of cans of worms that will do nothing more than create problems down the road that will be even bigger headaches. Better to learn and apply the system as it exists, rather than try to change the rules for petty reasons. Also, we need to stop dismissing these kinds of conversations as boring or pedantic because they matter. The rules matter. If we don’t point out what the rules are and that they matter, then it makes it easier for people to break them without anyone raising a fuss.

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