Roundup: Patterns on the witness list

The electoral reform committee returns next week, and so far I see a lot of proponents of proportional representation on the witness list, not that this surprises me in any way, as well as an academic proponent of a referendum on electoral reform – also not a surprise. So look forward to plenty of glowing recommendations about how electoral reform will solve all of our political ills.

In the meantime, if you’re looking for some background reading the Library of Parliament has some updated publications in store – one on the history and evolution of our electoral laws, and another that provides an overview of our current electoral system and those employed elsewhere. That one I found particularly lacking, especially in the language it used to describe the current First-Past-the-Post system, adopting wholesale the arguments about “disproportionate” seat counts (logical fallacy), the supposed advantages of “regional parties” or “regional strongholds” with no discussion of brokerage parties, and buying into the arguments about voter turnout without being critical about them (this is a broad problem across all western democracies no matter the electoral system). The rest was an overview of other electoral systems, examples of their use in other countries, the history of electoral reform initiatives in Canada, and some adjacent issues like mandatory voting, online voting (with zero mention about the concerns of the secrecy of the ballot), and lowering the voting age.

What was missing from this tepid report was any discussion on the impact of these electoral systems, such as government formation or accountability, which boggles my mind. It’s literally taking a piece of a complex ecosystem and treating it in isolation with no regard for how it will affect all other aspects of it, which is a huge part of the electoral reform discussion. What kind of government you get after you vote in that system is kind of a big deal. And even bigger deal is how you get rid of that government in a subsequent election, which is not easy to do in most systems other than FPTP because the tendency is for a big central party to just shuffle around their coalition partners, and that can be an even bigger headache, delivering policies that only a tiny fraction of the population voted for. You’d think this would be relevant to an examination of electoral reform proposals, but apparently not according to the analysts at the Library. You’ll excuse me if my faith in this government’s process has just sunk even lower.

(Hat tip to blog reader PierreB for pointing these reports out)

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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.

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QP: Genocide and refugees

Despite it being Thursday, there were no major leaders in the Commons today, which is a disappointing slide back to the poor attendance record of the previous parliament. Denis Lebel led off, referencing their opposition motion on calling ISIS a genocide and demanded support for it. Pam Goldsmith-Jones responded with the government line that the declaration is not a political one but a legal one, and it needed to have the endorsement of the International Criminal Code. Lebel moved onto the possible sole-sourcing of Super Hornets, for which Harjit Sajjan reminded him that the Conservatives were about to sole-source the F-35 fighters, while he had not yet made a determination. Lebel demanded a transparent process, and Sajjan reiterated that no decision was made. Andrew Scheer accused the government of playing politics with military equipment, and Sajjan snapped back that he has been in combat. Scheer then returned to the declaration of ISIS as a genocide, and Goldsmith-Jones repeated her previous answer. Peter Julian led off for the NDP, calling out the government on C-14’s constitutionality, and Jody Wilson-Raybould insisted that they came to the right balance. Julian and Ruth Ellen Brosseau said that the Senate was making the amendments that they had proposed, and to Julian, Wilson-Raybould repeated her answer while Jane Philpott responded to Brosseau that she hoped the Senate would pass it. Brosseau repeated her question in French, and Philpott reiterated that she hoped the bill would pass expeditiously.

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Roundup: A committee nobody will love

So, the government has put the notice on the Order Paper about forming their electoral reform committee, and there will be howls of outrage from all corners as this is going to please precisely nobody. Well, except maybe Liberals who will be controlling this process. In short, Maryam Monsef’s principles for democratic reform have been distilled to five points from eight, and the committee will be constituted of twelve MPs – six Liberals, three Conservatives, one New Democrat, one Bloc and Elizabeth May, but the Bloc MP and May won’t have voting rights in keeping with established practice. The committee will invite all MPs to hold town halls in their ridings and submit a written report back to the committee by October 1st, and the committee’s final report is to be delivered by December 1st. Of course, the NDP are going toe be livid because Liberals continue to make up a majority on the committee (which is legitimate given that they have the most seats) and that it doesn’t follow Nathan Cullen’s “proportional” idea – which, let’s be clear, was all about gaming the committee to advance his own proportional representation agenda. May is going to be upset because she’d not getting a vote, and she too is going to be railing that it won’t allow her to advance her own PR agenda. The Conservatives are going to be upset because the possibility of a referendum is not in this proposal, and they see that as their way of holding onto the status quo (which they feel favours their own chances). And I’m going to add my own particular objections that, as I’ve written previously, there are some serious problems with those principles that Monsef has laid out. We’ll see how this exercise goes, and I have a sneaking suspicion that these town halls may start to become sideshows as groups like Fair Vote Canada start trying to Astroturf them in trying to get PR advanced as the model to go forward (and given how PR advocates tend to operate, the insults and nastiness are going to start flying pretty quickly). There is also the (not unjustified) suspicion that the fix is already in, that the Liberals have their preferred model (likely ranked ballots) and that this is all a big production number to make it look like they’ve consulted Canadians, and that may very well be the case. Suffice to say, I suspect the next few months are going to be one giant headache, especially for those of us who are cognisant of the civic literacy issues at play.

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QP: Nobody believes that invitation 

A lovely Tuesday afternoon in Ottawa, and most of the leaders were present today, though not Rona Ambrose, who is still in Alberta, on the ground with the Fort McMurray Fire victims. Andrew Scheer led off, reading from a script on his mini-lectern, first calling for praise for the firefighters in that region, and then demanded pipelines be built to “cushion the blow” of the fire. Justin Trudeau first congratulated the firefighters on the ground, and said they would help with the rebuilding. Scheer demanded that the government not allow “special interests” block any pipelines. Trudeau hit back by pointing out that the Conservative approach failed to get pipelines to tidewater. Scheer brought up the Washington trip and how the in-laws were present by not the Natural Resources minister. Trudeau reminded him that those guests were personal invites by Obama. Scheer insisted that nobody believed that was the case, and demanded Trudeau just tell them that he added those names to the list. Trudeau told him that Obama insisted they be invited on top of the official delegation. Scheer hammered away, insisted that the Natural Resources Minister still should have been there. Trudeau repeated again that the Conservatives didn’t understand how that bilateral relationship actually works. Thomas Mulcair led for the NDP, and he wondered who the government was trying to protect in the KPMG tax evasion scandal. Trudeau reminded him of their investments into CRA, and noted that it was a Liberal who raised the issue in committee to begin an investigation. Mulcair read some shell companies listed in the Panama Papers, and pointed out that the parliamentary secretary to the minister of heritage worked for one of them. Trudeau reiterated that they were committed to combatting tax evasion, regardless of Mulcair’s smears. Mulcair moved onto the PBO report on the loss of small business tax cuts, and Trudeau praised the Canada Child Benefit as a measure that helps the economy as a whole. Mulcair then demanded that the assisted dying bill be referred to the Supreme Court, but Trudeau demurred.

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QP: Demanding details of a deal not done

Another busy day on the hill, and while Trudeau had been in the Commons first thing to make another statement on the Fort McMurray situation, he was back for more as QP got underway. Rona Ambrose led off, mini-lectern on neighbouring desk, and asked for reassurance that infrastructure funding to rebuild Fort McMurray would be top priority. Trudeau assured her that yes, this was indeed a priority. Ambrose read the exact same question again in French, got the same answer, and then asked about the details for a bailout for Bombardier. Trudeau reminded her that the negotiations were ongoing, and that they expected a strong long-term business case. Denis Lebel then repeated the question in French, got the same answer, and for his final question, Lebel demanded that they government allow the Billy Bishop airport expand to let Porter also buy C-Series jets. Trudeau responded that they were not going to re-open the tripartite agreement around the Toronto waterfront. Thomas Mulcair was up next, and demanded criminal prosecutions for KPMG tax havens, and Trudeau reminded him that they were working to combat tax evasion. Mulcair repeated the question, got the same answer, before Mulcair moved onto the Canada Post review and not immediately restoring home mail delivery. Trudeau said that they committed to studying the issue and understanding how to give Canadians a better level of service. Mulcair asked the same again in English, skirting the rules around the use of the word “lying” in the chamber. Trudeau reiterated that they were putting in the time that the previous government didn’t in order to ensure Canadians got the right level of delivery.

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Roundup: The exoneration of Mike Duffy

It was rather a stunning result, where Senator Mike Duffy was acquitted of all 31 charges against him for fraud, breach of trust and bribery. The judge ruled that he found Duffy to be a credible witness, and said largely ruled that Duffy followed what few rules there were in place at the time, a fact that many would contest – there were rules that Duffy indeed skirted, but not to the degree of criminality, according to the judge. In fact, it goes against the very ruling of former Justice Ian Binnie in his arbitration report, who noted that there were rules and there was also common sense in determining the eligibility of expenses, and while he didn’t rule on criminality, it does contradict some of the judge’s reasoning in the Duffy verdict. That the judge singled out the PMO for scathing words is of very little comfort, particularly because of his belief that they somehow overrode Duffy’s free will in “forcing” him to accept that $90,000 cheque. Duffy is now free to return to work in the Senate, but he may not find it a very welcoming place, given his direct culpability to the hits on the institution’s credibility. That, and there will be eyes on his spending at all times, particularly by those senators who knew that there were rules in place – despite what Bayne and eventually the judge felt – and those rules have only become more stringent since. More from Köhler, Harper and Reevely, while Reevely had a few other thoughts over Twitter that also bear repeating.

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QP: We thank the PBO

Caucus day, and all of the leaders were present for the only time this week, Trudeau heading to New York for the rest of the week after things wrapped up. Rona Ambrose led off, mini-lectern on desk, and quoted the PBO’s report yesterday, accusing the PM of misleading Canadians on basic facts. Trudeau thanked the PBO for his report, and noted their commitments to things like a larger tax-free child benefit for nine out of ten Canadians. Ambrose wondered how Canadians could have confidence that the government could protect their jobs, and Trudeau reeled off his list of promises of investments. Ambrose then wondered why the BC LNG projects weren’t moving forward. Trudeau reminded her that they couldn’t get the job done because they didn’t care about the environment at the same time as the economy. Denis Lebel got up to repeat the PBO questions in French, got much the same answer in French as before. Thomas Mulcair was up next, and raised the problem of veterans who have to fill out forms every year to prove that their limbs have not grown back. Trudeau reminded him of the promise to make record investments in veterans. Mulcair snidely called out the talking points and demanded an answer for this particular case. Trudeau reminded him of the mandate letter to his minister on the sacred obligation to veterans and that they were cleaning up the mess left by the previous government. Mulcair demanded marijuana decriminalisation immediately in the lead-up to legalisation, and Trudeau first remarked that it was always a surprise which position Mulcair held on marijuana on every given day, and noted that decriminalisation was a pipeline to profits for criminal gangs. Mulcair thundered about it one last time, and Trudeau repeated that legalisation was all about protecting children and starving criminal gangs.

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Roundup: Checking Hansard

There was an interesting read over on Policy Options yesterday that all MPs should be paying attention to: a reminder that they should watch what they say in when speaking about bills, because the courts (and most especially the Supreme Court of Canada) are checking Hansard. When it comes to challenging laws, particularly Charter challenges, the issue of legislative intent is often raised, and the courts are forced to determine what it was the government intended to do when they passed these laws, and that can matter as to whether those laws will survive a Charter challenge. And if MPs – and most importantly ministers – give speeches full of bafflegab and meaningless talking points, it muddies the record that the courts rely on. The example here was the bill eliminating time-served sentencing credits, by which the court examined Rob Nicholson’s statements and tested them against the results of the law and found that no, eliminating the sentencing credits didn’t enhance public safety or confidence in the justice system. I would also add that it’s yet another reason why Senate committees have particular value, particularly when it comes to contentious bills that perhaps shouldn’t pass but do anyway under protest. Because their findings are on the record, when those laws inevitably wind up in the courts, those same objections can be read and taken into consideration. So yes, your speeches and work in parliament does matter, probably more than you think. Just be sure to use your words wisely, because they will come back to haunt you.

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QP: California meetings

Tuesday, and only two of the three main leaders were all in attendance, possibly for the only time this week. Rona Ambrose led off, mini-lectern on neighbouring desk, and raised the subject of that Torys fundraiser that Jody Wilson-Raybould attended. Justin Trudeau noted that the rules were followed, the Conservatives were convicted of election fraud, and Conservatives had been convicted of election fraud. Ambrose said that when their government had a similar issue “from a mistake” that they paid it back — not actually true, as Shelly Glover attended a fundraiser with people who were looking to her for grants, and thus was not a similar situation. Trudeau noted that they only paid the money back when they got their hands caught in the cookie jar. Ambrose gave it one last shot but got the same response. Denis Lebel took over, and railed about the figures in the budget, and raised quotes from the parliamentary budget officer. Trudeau insisted that no, his government was being open and transparent. Lebel then raised the old bill C-377 and now it was all about union transparency. Trudeau reminded him that it was actually about using transparency against their rivals, which was not what his government was about. Leading for the NDP, Hélène Laverdière asked about the signing of the Saudi LAV export permits, and Trudeau said that he would not renege on a deal and he had confidence in Dion. Laverdière demanded the contract be made public, but got the same answer. Nathan Cullen then decried the lack of new GHG targets, for which Trudeau reminded him that they are working with the provinces. Cullen asked again in English, and got the same response.

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