Roundup: Once again, the problem is not PMQs

Apparently the topic hasn’t been exhausted, so here we go with round thirty-seven (or thereabouts). We start with Aaron Wherry comparing what happened in Westminster last Wednesday, where Prime Minister Theresa May was on her feet in the Commons for some three-and-a-half hours as she went directly from PMQs to announcing the Brexit plans, to taking questions on it, in a way that the rules in our own House of Commons doesn’t allow. And bully for Wherry that he acknowledged that such a thing couldn’t happen here under our present Standing Orders, but doesn’t quite get to the crux of the issue that our parliamentary culture is so diminished and bastardised when it comes to speaking and debate that even if we changed the rules to allow for such things, that it likely wouldn’t help. He does, however, acknowledge that Trudeau could start making changes around taking all questions one day a week, or announcing more policy in the Commons, if he really wanted to, without having to change the rules.

Chantal Hébert, meanwhile, notes that Trudeau has not really made himself at home in the Commons, starting with doing the bare minimum as an opposition leader, to not really engaging meaningfully when he does show up now, he and his ministers answering in bland pabulum delivered with a smile. From there, she wonders if this disinterest has manifested itself into a kind of tone-deafness as they try to push the proposed changes to the Standing Orders in as poor a manner as they tried to handle the electoral reform debate.

The Globe and Mail’s unsigned editorial on the proposed changes, however, is thin gruel when it comes to engaging on the issue, buying into these notions that the proposed changes are all about crushing the rights of the opposition, not quite articulating the actual role of parliament, while also not grasping what “programming motions” actually are, while propagating this notion that QP only counts if the PM is there, as though the rest of the Cabinet is unworthy of media attention (which really says more about their own perceptions than it does the PM if you ask me). But I’ve said my piece on this again and again, so I’ll let Wherry field this one, because he hits the nail on the head exactly with why this pervasive opinion is part of the problem.

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In other words, Globe and Mail, you’re part of the problem, so stop pointing fingers. As for the UK’s practice of ministerial questions, there’s this:

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Roundup: Budget madness, 2017 edition

So, there was a budget yesterday, but not an exciting one. It’s a lot of vision, not a lot of numbers, mostly fleshing out last year’s budget without a lot of new money, but hey, “innovation!” Oh, and no pathway to balance, but hey, debt-to-GDP remains stable, which is what counts.

But I’ll leave the analysis to some people who are more qualified than I.

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Roundup: Candour versus transparency

The government announced yesterday that their proposed changes to the Access to Information Act won’t be coming as quickly as promised because they “wanted to get it right.” Now far be it for me to be completely cynical about this in asserting that they never intended to fulfil this promise, because I’m not entirely sure that’s the case, but I will also say that any Conservative crowing about how terrible the Liberals are for this delay *cough*Pierre Lemieux*cough* needs to give their head a shake because the Liberal have already made changes that far exceed what the Conservative did on this file. This all having been said, Howard Anglin makes some interesting points about this, and whether it’s desirable for them to go ahead with some of these changes.

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As much as my journalistic sensibilities want greater transparency, I also do feel a great deal of sympathy for the point about candour. Having too many things in the open has had an effect on the operation of parliament and times where parties could quietly meet and come to a decision with little fuss has turned into a great deal of political theatre instead (which is one reason why I’m wary of opening up the Board of Internal Economy too much). We want functional institutions, and that does require candour, and not all desires to keep that candour and ability to speak openly from being public is more than just a “culture of secrecy” – there is a deal of self-preservation involved. While it would be nice if we could wave a magic wand and the line by which this tension is resolved would be clearly demarcated lines, but that’s not going to happen. This is going to be muddled through the hard way.

Meanwhile, Susan Delacourt writes about that culture of secrecy that exists within the capital – an even within Cabinet jealously guarding information – and how it’s an ongoing fight to keep from letting that culture keep going unchallenged.

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Roundup: Dealing with problematic senators

While the focus one on one senator’s words regarding residential schools yesterday, a bombshell dropped late in the day with the Senate Ethics Officer’s report into allegations that Senator Don Meredith had an inappropriate sexual relationship with a 16-year-old girl, and that will no doubt fill the airwaves tomorrow. But while everyone is baying for blood, let me offer a few bits of context.

First, with Senator Beyak and her remarkably clueless statements about residential schools, no, the government cannot ask for her resignation as the NDP are demanding they do. The Senate has institutional independence in order to act as a check on government, so they are powerless. As for the demands that the Conservatives kick her out of caucus, that might do more harm than good because at least within a caucus, she can be managed and hopefully do less harm, and perhaps guided into some education on the subject rather than simply cutting her loose and empowering her to keep making this an issue. And while I think her statement is odious, I also don’t think she meant malice by it, but rather that she is utterly clueless by virtue of framing the issue entirely through her Christianity, and that’s a world view that she’s entitled to hold, no matter what we may think of it. (And seriously, don’t make her a martyr for her religious beliefs). So while I get that there are a lot of people who want to perform outrage and demand her head, I think everyone needs to calm down a little and think through what they’re demanding.

As for Meredith, the report now goes to the Senate ethics committee, but given that the Senate isn’t sitting for the next two weeks, we’ll have to be patient. There are already demands that he be removed, but without a criminal conviction, that’s very difficult to do, and the police opted not to charge him for this (possibly because the complainant stopped cooperating with the police, but I’m not 100 percent sure on that fact, so take it with a grain of salt). With the Ethics Officer’s report, however, one could hope that the police could reopen their investigation. That said, removing a sitting senator without a criminal conviction is almost impossible. There is the possibility that the Senate could vote unanimously to declare his seat vacant, but it’ll be a high bar for other senators to reach that point, because they’re going to want to ensure that he gets due process (which Senators Duffy, Wallin and Brazeau were not necessarily given at the time of their expulsion). But one can be sure that the Senate will want to take their time and deliberate on this one, so while it’s possible that we’ll see a suspension motion when they return, it could be a while before they decide on how to deal with him on a longer-term or permanent basis.

And barring that, maybe the Senate needs to consider a policy of phasing out certain senators…

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Roundup: About that two percent

Part of the preoccupying discussion over the weekend has been comments that Donald Trump made regarding the two percent of GDP spending target as a NATO obligation, and his threats to be less responsive to the alliance unless countries pony up to that level. Never mind that it’s not an actual obligation (Article 5 – the notion that an attack on one member country is an attack on all – is the actual core of the alliance), it’s become a fixation, and that could be a problem for Canada, no matter the fact that we actually show up and do the heavy lifting. To translate heavy lifting, it means that we haven’t been afraid of doing the dirty work, and getting involved in the actual fighting, as with Afghanistan, in part because we have a system of government that allows the government of the day to authorise it without bogging it down in legislative votes or in coalition negotiations where the reluctance to put troops into harm’s way means that most NATO countries wind up deploying troops with very restrictive caveats as to what they can and can’t do, and deploying them to areas where they are less likely to see active combat. (This, incidentally, is generally another caution about PR governments, but I’m sure there are those who would say that this is a feature and not a bug. Those people would be overly idealistic). That heavy lifting should count for something beyond just spending levels.

Paul Wells walks us through some of the history of the two percent target, and why it’s a poor measure of results, as well as some theorizing about why Donald Trump is fixating on that target as much as he is. Likewise, NATO scholar Stephen Saideman engages in some two percent myth-busting here. And Philippe Lagassé offers some additional thoughts about those spending targets and what could be a better measure.

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Roundup: M-103’s ongoing morass

Some of the nonsense around M-103 and the Conservatives’ competing supply day motion that “all lives matters” the Islamophobia debate, continues to churn, with the Peel Regional Police announcing that they have added patrols and additional protection to MP Iqra Khalid following the revelation of the level of threats and harassment that she’s received over tabling the motion – basically proving her own point about the problem of Islamophobia that needs to be addressed before we have a repeat of the Quebec City shooting. But adding to the morass is when one of her Liberal colleagues, Chandra Arya, said that what happened with the Quebec City shooting was a “direct result” of the kind of dog whistle politics that the Conservatives and the Parti Québécois have been engaging in, with talks of niqab bans and barbaric cultural practices tip lines. That, obviously, has yet more people up in arms over the whole debate – a debate which prompted a “protest” outside of a Toronto mosque yesterday where people demonstrated that they were totally concerned about the vague language of “Islamophobia” and were really concerned with free speech rights, as they held up signs calling for Muslims to be banned from Canada – once again, proving the whole point of M-103.

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Susan Delacourt contrasts the Conservatives’ two faces, cooperative on trade, but feeding demagoguery when it suits their needs. Paul Wells notes the Liberals’ ability to force Conservatives to deal with dilemmas like the one of M-103. Adam Radwanski chronicles the party’s collapsing big tent in the face of the rise in populist demagoguery. Andrew MacDougall warns the Conservatives about the dangers of peddling cynicism instead of building trust. Andrew Coyne writes about the importance of free speech and the problems with government-sponsored chills on it – which M-103 is not, by the way.

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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: 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: Productivity has context

Parliament resumes today, and it’s going to be the start of a heavy legislative agenda, as the government’s months of consultations start wrapping up and decisions get to start being made. And if you needed a reminder about everything on everyone’s plates, here’s a handy piece about the priorities and challenges for the three main parties this autumn, and Kady O’Malley’s list here too. That said, a Huffington Post article was circulating over the weekend that set my teeth on edge, “proving” that the spring session was the least-productive in decades.

Why this is a problematic measure is that it’s focusing solely on the number of bills passed over those ten months (really, only about five of which was when Parliament was sitting). It’s a purely quantitative analysis that says absolutely nothing about the context of what happened, or about the bigger picture of what the government accomplished. And really, I will be the first person to say that the decision to pull the plug on the Friday they did was about forcing the Senate to pass the assisted dying bill, when they were actually scheduled to sit for a couple of more days, during which time they could have passed two more bills that were ready to go, but they didn’t, and that does deserve mention, but that’s not in there at all. What we get are Conservatives cherry-picking trips and “photo ops” – because who needs multilateral engagement, am I right? – rather than on some of the additional hurdles that the session faced. One of the biggest hurdles was around that assisted dying bill, and the fact that the opposition parties demanded far more hours of debate at second reading than the bill deserved (remember, second reading is about the principle of the bill, not the specifics), and they got huffy when the government tried to push those additional (useless) hours of debate into late nights to keep the agenda going, and when they tried to bring in a procedural hammer to move bills through, the Opposition blew their tops and we wound up with The Elbowing and the subsequent fallout from that. Let me remind you that the Conservatives fully participated in the days of psychodrama that followed, and now they have the gall to say that the government didn’t get enough done? Seriously? They were equal participants in determining the Commons’ schedule of what took place (especially the demands for more second reading debate on that assisted dying bill), and I shouldn’t have to remind anyone that when they were in government, they sat on that bill and didn’t move it despite its deadline. So yes, I find this whole accusation to be the height of cheek, and the analysis should have included far more context around the events of the spring.

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Roundup: Automatic disqualifiers

It has been talked about before on this blog, and will probably be talked about again, but the selection process for those 19 vacant Senate seats is now open, and the process allows people to nominate themselves if they so choose. There’s a good piece about this and how it contributes to selection bias in the appointment panel, but the head of said panel insists that they are reaching out to all manner of groups to get names to consider but they are using the individual application process to help broaden the search to ensure that they don’t miss out on anyone who is worthy of the job. Of course, self-selection should probably be considered as criteria for elimination off the start – usually it tends to indicate a particular over-inflated sense of self (and yes, I do know of a couple of people who have been looking to get their names submitted as part of this process, and yes, they are a bit narcissistic), and a betrayal of what a Senate appointment should be about. Really, it should be about a way of contributing to public service when one’s career is winding down, and of being able to contribute to the public dialogue given a particular perspective. It’s almost like a form of recognition for doing good work over a lifetime, and being given an opportunity to give back a little more (because really, the salary isn’t as generous as people like to portray it as, given the amount of work that tends to be involved). It’s always been a bit contentious when prime ministers appointed people in terms of their age and place in their career. Some, like Chrétien, tended to appoint them too old so that they only had a short time to contribute, which hurts the ability to have the Senate serve as a chamber of institutional memory and longer-term vision. But sometimes they appoint people far too young – Harper’s appointment of Patrick Brazeau being but one shining example of how poor of a choice that really was. Let’s hope that this is one of those considerations that the independent panel becomes a bit more cognisant of as they move ahead with this next phase of their task.

Meanwhile, here’s a look at the Senate’s revamped communications effort and the team they’ve assembled to do the work, which is moving away from bland and safe to being more response and proactive in reaching out to showcase the work of the Senate and of individual senators.

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