Roundup: The spectre of a Leitch Party

A rather remarkable exchange happened during Trudeau’s visit to Nunavut when he was pressed about his electoral reform promise. Trudeau responded to his questioner “Do you think Kellie Leitch should have her own party?” and laid out a realistic case where parties like that can hold enough seats to affect the balance of power in a parliament. His questioner was taken aback and “respectfully disagreed,” which isn’t surprising because the narrative we are always given when it comes to proportional representation is that it will give us nice left-wing coalition governments forever, which is certainly not the case, and we need to challenge that particular narrative more often, and to point to what’s happening in Europe right now. And to be honest, I’m glad that Trudeau is being a bit more forceful on this point about the potential rise of extreme parties and that such a system would be bad for Canada. Big tent parties have done a lot for this country, and have moderated a lot of regional tensions within them.

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Of course, Trudeau bringing up Leitch in such a manner could have unintended consequences of its own.

In a not unrelated note, Michelle Rempel was at an immigration conference in Montreal, and she noted her frustrations in bashing her head against her own party as much as she was with the Liberals that she is critiquing. And she made some very salient points in here about how we can’t pretend that we’re immune to populist rhetoric in this country, because we have a history of it bubbling up (hello 1993 election) and the sentiments still exist here where you have groups of disenfranchised people looking to blame Others. And this brings us back to why changing our electoral system to give incentives to these elements to form their own parties and try to win seats that they can use to leverage power is a very real and present danger. Add to that, there are concerns from experts in the field that the anti-immigrant rhetoric in the States is bubbling up here and fuelling a rise of racism in this country because it’s being seen as more socially acceptable.

So do we change our system to incentivise these voices to better organise and try to win themselves political leverage? Or do we do we maintain institutions and practices that have been successful in dispersing these elements because they know that there is no pathway to victory by pursuing it? It seems to me that it’s a fairly simple answer.

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Roundup: O’Leary’s debate debut

Saturday night was another Conservative leadership “debate,” and again I use the term loosely because there was very little debating going on. Yes, this particular event did offer more chances for rebuttal, but given that it was staged and structured like the most boring academic conference ever (all it was missing was a line-up at the floor mic for people to give fifteen minute speeches in the guise of asking questions to the panel), we still didn’t get a lot of candidates challenging one another. Not that it didn’t happen – it did, but most of the candidates spent their time taking shots at either Kevin O’Leary (particularly deriding him as not being a Conservative), and Maxime Bernier (most especially around his ideas about equalisation, which, to be fair, are a bit daft).

Going after Bernier may not seem like the think you would expect, but he has been leading the race in terms of fundraising, which is not an insignificant thing. One does have to wonder, however, if there are enough self-described libertarians in the Conservative Party to give him the edge he needed. Bernier, incidentally, says he was being attacked because his opponents are afraid of his position on equalisation. And to be fair, he’s probably right, but not for the reason he thinks, but rather because it has the potential to severely damage the party in the more “have not” provinces of the country, most especially in Atlantic Canada, where they already have zero seats.

As for O’Leary, this was his first real event on the campaign, and he didn’t exactly sparkle, but he did stand out from his competitors a few times, both when he refused to criticise the country’s justice system, pointing to his experience abroad, and in the kinds of shots he took at the current government, which were of a more brash tone than other candidates were taking. He also played his ethnic cards, saying he would consider it a personal failure if Lebanese Canadians didn’t all take out party memberships and declaring that he “owns the Irish vote.” Okay then. Will his brashness that help him? Maybe, considering how very milquetoast most of his competition has been, and the crowd who laps up this populist demagoguery seems to love people who “tell it like it is.” O’Leary, meanwhile, shrugged off the attacks and kept his cool, and didn’t take the bait and made a point of directing his attacks to Trudeau (and premiers Wynne and MacNeil) instead of his fellow candidates.

And the rest? Lisa Raitt had her best night ever, possibly bolstered by the fact that it was a bit of a hometown crowd for her, and she seems to be making her working-class roots that much more of her narrative, but I’m still having a hard time seeing what kind of direction she proposes to lead the party in other than “I’m everything Trudeau is not.” Also, props for bringing up that Globe and Mail piece on “unfounded” sexual assault rates and challenging the government to do something about it. Brad Trost and Pierre Lemieux were laughable, Chris Alexander seemed to be doing a lot of “me too” to the points of other candidates – most especially Raitt – but had nothing really new to say. Andrew Scheer made a point of being parochial, Michael Chong remains the grown-up at the table which probably dooms his campaign, and for as middle-of-the-road as he is, everyone was quoting Erin O’Toole’s big line of the night saying “We don’t beat the celebrity-in-chief with another celebrity-in-chief.” The problem is that nobody quoted the second half of his statement where he brought up Robert Stanfield as the model to follow. Remember Stanfield? Who never beat the celebrity PM of his day (being Pierre Elliott Trudeau) and who never became prime minister? Yeah, not sure that was the wisest analogy. Also, O’Toole kept making Silence of the Lambs references, but completely wrong ones. He thought he was being funny by calling all 32 Atlantic Canadian Liberal MPs “lambs” who were “silent,” when Silence of the Lambs is about a cannibal and a serial killer. Not sure that was appropriate. Oh, and about eight or nine candidates need to drop out by oh, yesterday, because at this point, they’re going to start doing more damage than good.

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Meanwhile, Peter MacKay says that Leitch’s immigration policy is going to damage the party, while Michelle Rempel lists the things she’s looking for in making a decision about a leadership candidate (and spoiler: Kevin O’Leary wouldn’t make the cut).

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Roundup: Is there a regional trade-off?

Canadian public affairs blog In Due Course published a piece on the weekend wherein Joseph Heath offers a few things to consider with how a Conservative party would deal with Quebec under a proportional representation system where the calculations are different. It’s interesting and he raises a lot of very good points. And predictably, proponents of PR went to question all of his points, particularly about the fortunes of the Bloc Québécois (and to a lesser extent the Reform Party) under the current first-past-the-post system.

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The problem with cherry-picking individual election results like 1993 is that it doesn’t take a broader view of the system’s resilience as a whole. Over the longer term, regional parties in this country may do well for an election cycle or two at the most, but they have no capacity or room for growth, and that’s why the big-tent brokerage parties will always regain strength and power. What it also does is say that when these kinds of regional movements do take hold, that their grievances and desire to punish parties in power (which some Bloc votes have been about) is illegitimate.

Indeed, as Emmett Macfarlane points out here, focusing on geography misses the point when you look at how the big-tent parties are forced to craft policies that will appeal nationally and won’t explicitly write-off regions.

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Coyne is also dismissive of “safe” ridings or regions, but I’m sure that we’ve seen time and again that there is almost no such thing as a “safe” seat or riding, particularly when there are swings in the public mood. Again, that’s not a bad thing, and one could argue that in a properly functioning House of Commons, “safe” seats can be a bulwark against too much power in the leadership because MPs with “safe” seats that have no prospect of getting into cabinet are more likely to push back against what they see as intrusions by the leader because they have little to lose. (Granted, this is more keenly demonstrated in Westminster because their leaders don’t have the ability to sign off on nomination forms like they do here, and their leadership selection process has been different until recently, but the point still stands).

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Part of the problem here, which Coyne does admit, is that defenders of different systems are approaching the issues in different ways. But defenders of the current system don’t necessarily foresee a future dystopia as warning that if you’re looking for changes to the electoral system to fix what is perceived to be broken here, you’re going to find that it’s not actually going to fix things, and it certainly won’t result in this kind of democratic utopianism that most PR advocates proclaim.

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There is also the fact, and I cannot stress this enough, that Canada is not the same as most other countries. While we are not Israel in terms of its politics, we are also not a Scandinavian country either, so expecting their results to translate here is just as much of an over-reach and a fiction.

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That’s why we need to approach this very carefully. (Well, I say we need to smother the electoral reform consultations entirely, but that’s just me). Too many people are simply pointing to Norway or Sweden and saying “Look! See how great it is!” when they should also look at the vast dysfunction of Belgium (which is a far better analogy if you look at our systems and cultures), or even Australia, where their proportionally-elected Senate is an utter gong show. But cherry-picking data – on both sides – doesn’t actually help further the debate.

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Roundup: The business of selling seats

Kevin O’Leary went on television on the weekend, because of course he did, and then said a bunch of nonsense. Because of course he did. This time, it was to whine about how it’s not fair that rich people can’t fund their own campaigns, and to say that he thinks that the Senate should be a profit centre rather than a cost, and charging people $100K to $200K per year for the privilege of sitting there. No, seriously. He has said he thinks it’s fine to sell seats in a house of Parliament, and nobody challenged him on that point of the fact that it’s grossly unconstitutional. (Only a later update of the story added quotes from Emmett Macfarlane that appeared to be what he tweeted on the subject).

Not only that, but you immediately had a bunch of chuckleheads showing up on the Twitter Machine going “a plain reading of the constitution would say this is allowed” without any hint that they are being ironic. Before Leonid Sirota beat me to the punch, I was going to remind everyone that the idea of selling Senate seats came up during the Supreme Court of Canada hearing on the Senate reference, where Justice Cromwell cornered the government’s lawyers on the question of “consultative elections” and how they wouldn’t require a change in the constitution. “If consultative elections are allowed, then why not a consultative auction?” asked Justice Cromwell, and well, the government lawyer had to basically swallow that one. (To remind you, they ruled that consultative elections are not allowed without a change to the constitution).

I would also add that for as much as we’ve (rightfully) lambasted O’Leary on this ludicrous idea, the NDP and others have been floating around a similar idea in the past about defunding the Senate and making it a volunteer position – you know, so that just like O’Leary’s plan, it becomes available to only the super-rich who have the time and resources to devote to doing the work. Because that’s exactly the kinds of people we want to fill those seats. Not to mention, if O’Leary thinks that Senate seats should be up for sale, why not any other federally appointed position – judges, heads of tribunals, Commissioner of the RCMP? All profit generators instead of a drain on the taxpayer, right? Yeah, no.

On a related note, O’Leary said that if he does win the leadership, he wouldn’t be in any rush to run in a by-election but would spend time crossing the country to gather support. Because this is what happens when you don’t insist that the leadership be from caucus. It elevates the position above what it should be, and diminishes the role of caucus and the value of a seat in parliament. Leadership races should be by caucus selection, not membership vote. We’ve bastardized our system enough, and we need to reign it in.

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Roundup: Chagger on fundraising

Government House Leader Bardish Chagger talked to the Huffington Post, and the headline had all of my media colleagues grasping for their pearls as she declared that the House of Commons was not the place to discuss Liberal fundraisers. And if I’m going to go full pedant on this, she’s right – to an extent. On its face, fundraising is party business and really nothing to do with the administrative responsibility of the government. Why this current round of eye-rolling nonsense around so-called “cash for access” fundraising (which isn’t actually cash for access in the sense that we got used to talking about with Ontario) is because the opposition is trying to link those fundraisers with conflicts of interest from the government, all based on insinuation with no actual proof of quid pro quo. But because there is this tenuous connection, the questions are being allowed, and they get to make all manner of accusations that would otherwise be considered libellous before the cameras under the protection of parliamentary privilege. Indeed, when Ambrose accused the government of acting illegally with those fundraisers, Chagger invited her to step outside of the Chamber to repeat those accusations. Ambrose wouldn’t, for the record.

Where this might resonate are with memories of the previous parliament, with endless questions about the ClusterDuff affair, and the operations of the Senate, and those various and sundry questions that came up time and again, and which were rarely actually about things that were the administrative responsibility of the government. And every now and again, Speaker Andrew Scheer would say so. But contrary to the opinions of some, this wasn’t something that Scheer made up out of thin air.

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In fact, Scheer was too lenient for many of these questions, and there are sometimes that I think that Regan is even more so. Most of the NDP questions asked during the height of the ClusterDuff affair were blatantly out of order, asked for the sake of grandstanding. That the questions with the current fundraising contretemps have made this tenuous link to government operations and decisions is the only thing that makes them marginally relevant to QP. That said, the hope that this will somehow tarnish the government or grind down their ethical sheen generally depends on there being actual rules broken or actual impropriety, which there hasn’t been. Meanwhile, a bunch of issues that the opposition should be holding the government to account for are languishing because they need to put up six MPs a day on this. But hey, at least they’re providing clips to the media as opposed to doing their jobs, right?

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Roundup: Linda Frum’s misplaced concerns

Conservative Senator Linda Frum has decided to take on the topic of the current batch of Senate reforms, and I can’t even. And yet, I must. So here we go. Her two main points are about the institution’s lack of accountability and lack of legitimacy, and while she notes all of the changes with the former, she is way off base with the latter – but more on that in a moment. Much of the problem with Frum’s whole thesis is that it ignores historical context and perspective. With the lack of accountability, she correctly laments that the Duffy incident highlighted poor financial controls, but this is not unique to the Senate – most elected legislatures also lacked adequate controls until very recently, hence we had the moat cleaning imbroglio in the UK, or the Nova Scotia MLAs who bought flat screen TVs and generators as office expenses, or federal MPs improperly claiming their own housing allowances just a few years ago. It’s a process and the Senate was actually ahead of the curve of the Commons for much of the last number of years. And good for her for denouncing the “everybody does it” excuse. But her analysis of the Senate’s legitimacy issue is, frankly, jejune. The Senate does not need to derive its legitimacy from popular elections because it comes from the constitution and from Responsible Government – as with all Governor-in-Council appointments, the Prime Minister is empowered to make them so long as he or she maintains the confidence of the Commons, and he or she is accountable for making them. That is where the Senate’s legitimacy is drawn from, and people who insist otherwise tend to be more enamoured with Americana rather than the actual function of our own Senate – a body geared toward more deliberation than as a competing legislative body. Popular election would make the Senate just that – a competing chamber more inclined to gridlock if it is controlled by an opposing party to the government in the Commons, and otherwise full of 105 backbenchers for the Commons parties to boss around, seeing the great expense and organisation that would go along with Senate elections (even more than MP elections given that senators represent a whole province and not a small riding). Leaving aside Frum’s conspiracy theory that all of the new independent appointments are just closet Liberals (and I will give her the point that Peter Harder’s insistence on styling himself an independent is deeply problematic), Frum is boggled by the notion that a body that is not a confidence chamber can operate without defined government and opposition sides, and that Senators could weigh legislation on its merits rather than on the basis of the whip. In fact, Frum goes so far as to posit this baffling gem:

So long as we senators are not elected, our democratic legitimacy depends on government-appointed Senators following the leadership of a government that is elected – and that government, in turn, must honestly acknowledge its responsibility for the actions of the senators it appoints.

I barely even know where to start with this, other than to say “Nope. Nope, nope, nope. So much nope.” You see, the Senate has institutional independence under the constitution. The whole point of the Senate is that it’s supposed to push back against a prime minister when that prime minister tries to ram through dubious legislation through a majority Commons that they control. If said PM also has senators under their thumb, then it kind of defeats the purpose of it, no? And no, as I explained in my column this week, the PM doesn’t have the responsibility to police the Senate because of that institutional independence. And I get that Frum is doing yeoman’s work in trying to defend her partisan affiliations, which are totally legitimate. I too don’t think that a Senate full of independents is the best thing for our system, but that doesn’t mean that a greater presence of independent senators – enough to ensure the balance of power is no longer weighed in the favour of any one party – is illegitimate or unconstitutional. Frum is wrong on that point, and it needs to be said.

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Roundup: The problem with paper candidates

Yesterday, the quixotic Jean-François Party released a rare bilingual statement to decry the use of “paper candidates,” citing a case of a Green candidate from BC who had never visited the riding he or she is contesting in Quebec. If there was to be a cautionary tale around the use of paper candidates, it should have been with both the NDP in the 2011 federal election, and more recently in the Alberta provincial election. In both cases, paper candidates accidentally got elected in popular “waves” where it was clear that the voters of Quebec and Alberta were motivated to vote for the party for their particular reasons (affection for Layton in 2011, anger with the Progressive Conservatives in Alberta this year). In both cases, some less than stellar MPs/MLAs were accidentally elected – one of them, incidentally, joined the Jean-François Party. While Jean-François Party co-founder (and now party president and candidate) Jean-François Larose was one of those NDP MPs who was part of the sweep, then-fellow NDP MP Manon Perreault was an example of how a paper candidate turns out to be trouble. Over the course of the 41st parliament, Perreault was charged and convicted of criminal mischief when she falsely accused an assistant of theft, and was also later investigated by the RCMP for problems with travel claims expenses (though I’m not sure we heard the outcome of said investigation). Nevertheless, she was turfed from the NDP caucus during her trial, and after the writ dropped, she joined the Jean-François Party. So really, that the party is now coming out against paper candidates when their very existence is dependent on the victory of such candidates is curious. The problem, however, is that the parties have an incentive to create these candidates, and that incentive is that running full slates, regardless if those candidates have ever been to those ridings or not, allows them to claim the maximum spending cap. Hence, as especially in Quebec in 2011, ridings which barely had NDP riding associations all accepted the “nominations” of those paper candidates which included Ruth Ellen Brosseau and the McGill Four, because the NDP wanted their spending cap. So what to do about it? It’s a sticky situation because it would seem the answer is to remove the incentive of the spending cap, but how does one enforce that the candidates have actually been to the riding, or are actually campaigning? Do we really want Elections Canada to become an intrusive body to not only poke their heads into the party nomination process and to check up on those candidates in the ridings? It’s hard to say. I do think that paper candidates are an affront to our democratic system, but without turning Elections Canada into Big Brother, I’m at a loss as to a workable solution.

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Roundup: Ramping up the moral panics

With the end finally nearing in sight with this interminable election, and the logjam still present in the polls, this nasty undercurrent of identity politics has been creeping in. What started out with the niqab ban issue has been growing, all of it with seeds laid in the last parliament. That niqab ban challenge has been inflaming passions, but when Calgary mayor Naheed Nenshi called out the xenophobia behind it, Jason Kenney retorted that the mayor “and people like him” are politicizing it. While people could take this as a racist jab, knowing Kenney it is more likely this dismissal of Nenshi as some bleeding-hearted liberal who is too politically correct for his own good. Or as Nenshi responded, “thoughtful people.” Elsewhere, Pierre Poilievre wouldn’t rule out the idea of banning face coverings in the public service period, which start to sound a lot like the PQ “Charter of Quebec Values” proposal. But it’s more than the niqab issue – it’s also this citizenship-stripping process that they’re pushing, and trying to deport people despite the fact that in at least one case, it’s involving a person who was born in Canada and has lived their whole life here – deporting him to Pakistan, where he has never lived or visited but only has a connection there though his parents – it’s a perverse and hugely unconstitutional measure. It’s also a big problem because it no longer becomes a question of dual citizenship, but rather the presumption that this person can get it with another country, so we would insist that they do and then deport them there. Not only does it not make any sense – if you really think that rehabilitation isn’t possible, why does dumping these terrorists into another country that doesn’t have our security services or monitoring regime for recent parolees, then you’re asking for them to join a terror group in that other country. To make it worse, Harper was musing openly on a radio show about extending this to other heinous crimes. But when you boil it all down, this is more security theatre – it looks like it’s keeping us safe, while it’s really just putting on a show and likely making things worse in the long run. But it’s just about looking tough, right? Damn the consequences.

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Roundup: TPP a Caretaker conundrum

The Trans-Pacific Partnership talks are taking place right now, with the possibility that a deal could be struck with Canada while we’re in a writ period. The optics of this are a bit fraught, because if the government gets the deal signed, then they can crow about their prowess on the campaign trail, and how they’re signing deals to boost our economy. But the flip side of that coin is that a really big deal may be a kind of violation of the Caretaker Conventions that govern how an incumbent government operates during a writ period. Remember that we can never be without a government even when Parliament is dissolved – they just need to exercise restraint, and can’t implement major policy changes or make appointments during that period. This time around, however, the government released the Convention guidelines publicly while adding specific exemptions about negotiating trade deals. On the one hand, there is a certain amount of sense – do we really want to hold up the eleven other countries while we are in an extra-long election period? (Note that there seems to be a desire to conclude the deal before the American election gears up to full-on insanity mode). One of the arguments is that there should at least be some kind of consultation with opposition leaders if the negotiations continue during the writ period, and there are complaints that the TPP negotiations are unprecedented in their secrecy. What is not mentioned is that secrecy is deliberate considering how game changing this pact could be, particularly when it comes to weakening some of the tough subsidized markets in several member countries. And if you look at the reactions that rumours of deals around weakening Supply Management or auto parts content rules, and promises by other party leaders to maintain those protectionist policies, it’s hard not to see why they want to keep a lid on things until they’re finalised – particularly if the goal is actual trade liberalisation rather than just lip-service. It’s a delicate balance, and arguments can be made on both sides of the propriety of the government’s negotiations under the Caretaker Conventions. For example, Susan Delacourt argues the government is going beyond the Conventions. I’m not sure I have any answers, but I guess we’ll see what gets decided, and let the chips fall where they may.

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Roundup: Munk debate a success

The Munk Debate on foreign policy was actually really well done – probably the best and most substantive debate we’ve had so far during this election, with a good format, good moderation, and bilingualism that more or less worked out (though there could have been a bit more effort into the French). (Kady’s liveblog here). We also started to see a bit more of a change in the leaders. Harper was more or less his usual self, and in foreign policy, well, he’s got ten years of experience, but he also has a record to defence. Trudeau stepped up his game in this debate, and was the most confident and self-assured he’s been of any debate. The improvement was marked, and given the low expectations going in, where people figured that foreign policy was his weakest area (especially as it’s where most of his notable gaffes going into the election were), but those fears were largely put to rest. As for Mulcair, people expecting a statesmanlike performance were largely dashed as he tended to more personal attacks and swipes, while avoiding a number of answers – possibly because his party’s foreign policy platform is the thinnest of the three. Trudeau also defended his father’s record from attacks by Mulcair, and seemed to have a few of his best moments doing so, and it did get notice over the Twitter Machine. (It was also, he noted the fifteenth anniversary of his father’s death, so that certainly did weigh on his mind at the time). Here is some debate reaction from Michael Den Tandt, the Ottawa Citizen’s panel, and over Twitter, Bob Rae (who was subject of another of Mulcair’s swipes on stage). Oh, and audience polls seem to indicate that Trudeau was the big winner. Make of that what you will.

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