Tag Archives: Pensions

Roundup: Idle Brexit musings

Posted on by

While everyone continues to talk Brexit over the weekend, and you have a curious number of Conservative MPs here in Canada almost irresponsibly tweeting gleefully over it, I am forced to wonder if they are not in fact trying to demonstrate enthusiasm for referenda in general, given their daily caterwauling for one on electoral reform in this country. That could be why their messages are so focused on the democratic result of it, as opposed to the substance of what the Brexit vote actually represented. But that’s just idle speculation, so take of it what you will.

Of course, talk of how referenda are terrible at determining issues of substance is also part of why that’s been on my mind, because I am leaning more to the side that the issue of electoral reform would require a referendum because of what it proposes to do, and I don’t trust that the government is going to get useful answers from a series of townhalls and a report from a committee whose composition has been gamed to look “fair” when the person doing the gaming has a specific goal and output in mind. Of course, an electoral reform referendum would be subject to its won particular brands of demagoguery, particularly considering that we have an appalling lack of civic literacy in Canada, and when nobody can accurately depict the current electoral system, we’re going to be subject to some propaganda on the change side of the referendum whose fictions will be as bald-faced as that which the Leave side promised in the Brexit campaign, not that it will matter to the casual voter because it plays into emotions about things that feel and sound “fair” without actually grasping the situation (which is a solution in search of a problem). The last referendum on electoral reform in Ontario largely failed because the government of the day was ambivalent, but the current federal government is not, and that worries me. So it’s something to consider.

Meanwhile, the meltdown happening in the UK’s Labour Party, with a problematic leader who refuses to resign in the face of a full-blown caucus revolt is another object lesson in why membership selection of party leaders is a terrible, terrible system because it gives those leaders an excuse to refuse to be held to account, citing a “democratic mandate” as Jeremy Corbyn is doing right now. And no, adopting the provisions in Michael Chong’s Reform Act where caucus can vote to remove a leader is not actually the solution because it entrenches that parties must elect leaders by way of their membership, and that disconnect between selection and removal creates enormous problems in terms of the legitimacy of the removal process. Accountability matters, and needs to be balanced with democracy. Membership selection of leaders does not provide the needed accountability, and the horrifying lesson of a leader who won’t be held to account is playing out right now and should give everyone pause about the system that we blazed the trail for in this country.

Continue reading →

Roundup: To give or not to give Sophie resources

Posted on by

At his session-ender press conference, Trudeau highlighted three carefully chosen accomplishments, gave no additional clarity on the missing and murdered Indigenous women file, and didn’t commit to an open process for fighter procurement. All of that was par for the course, given that it was a lot of back-patting, but also a reminder that there is still a lot of work ahead, and he doesn’t want to look like he’s patting himself on the back too much. What I found more curious was in response to a question that he said that his wife, Sophie Grégoire Trudeau, should be able to have resources to carry out the duties that she has set about to undertake, but that he also doesn’t want to create a formal role for prime ministerial spouses going forward so that there is no obligation for the future. There is a certain amount of sense to this position, but it’s a very fine line to walk. Currently, she has one assistant and is given help from PMO staff on an ad hoc basis, as needed. Speculation with the staffing changes made to the household, particularly around nannies, has to do with creating space on the staff for an additional assistant for Grégoire Trudeau, but we have yet to see that materialise. None of it answers the specific existential question however on the role that prime ministerial spouses play. The reluctance to create an official position is a good instinct to have, especially because it bears reminding again and again that we are already a constitutional monarchy, and we have a royal family to take on these particular roles. In fact, the GG and his spouse also take on these kinds of feel-good roles in the absence of a more present royal family, which leaves very little room for a prime ministerial spouse to take it on. What they have to trade in – particularly Grégoire Trudeau – is a kind of celebrity status, especially as the previous few prime ministerial spouses haven’t had much in the way of a career of their own, and for Grégoire Trudeau, it has become her career to be a public speaker at events and for particular charity groups – and there’s nothing wrong with that. It nevertheless makes for a sticky situation with who pays for the help that such a career entails, particularly if it becomes an important optical consideration that she not be paid for the work (and if she were paid, even on a cost-recovery basis, one can already imagine people hissing “how dare she!” on accepting money from charities no matter that it’s the cost of doing business and standard practice). So we are between that proverbial rock and hard place. I don’t have a solution to offer either than to say that there is no winning, and it now becomes a way of finding the least unpalatable option, and that may wind up being what Trudeau is signalling – resources but the explicit rule that this is not formalising the role in any way. His reminding people that we have a royal family for these kinds of things wouldn’t hurt either so that we can stop this constant “First Lady” talk.

Continue reading →

Roundup: The quest for a less arbitrary majority

Posted on by

The electoral reform committee met for the first time yesterday and got all of its housekeeping details out of the way – “electing” Francis Scarpaleggia as the chair (though it was unopposed) and naming Scott Reid and Nathan Cullen as the deputies, allocating clerks and resources, and starting to figure out when the meetings will begin, hearing from the outgoing Chief Electoral Officer to start with. But with all of this going on, it bears reminding what we are doing with this whole “reform” endeavour in the first place, much of which has to do with the complaints that parties that don’t get a majority of the votes wield a majority of the power. Joseph Heath writes a great piece debunking this kind of thinking that everyone should read, because it is a reminder that trying to find a “true majority” becomes a futile quest – there is enough arbitrariness in any system that there can never be an actual majority, but it is simply more naked under First-Past-the-Post. Changing the system just moves the goalposts in different ways – indeed, proportional systems just removes the possibilities of majority government with the horse-trading of coalitions, which brings yet more arbitrariness into the system. So good luck, committee members, with your stated goals for the system you wish to choose when they are built upon foundations of sand.

Meanwhile, as our friends in the media write yet more stories about what the committee will be looking at, can I please offer the reminder about doing some actual research when it comes to systems like ranked ballots. Consistently our media colleagues have repeated the grossly distorted line that ranked ballots somehow “increase the disparities of first-past-the-post.” We’ve seen this over and over again, especially as the NDP and their Broadbent Institute brethren have picked it up as a talking point. No.

This supposed fact comes from a single analysis done by CBC’s Eric Grenier using a single poll done around the time of the election regarding second choices. That’s it. It doesn’t detail how the system actually works and what it is designed to do, which is to eliminate tactical voting, and yet we’ve never heard that description used once. Oh, wait – I used it in a sidebar I researched for the Ottawa Citizen. But that’s it. It would be nice if other journalists writing about this file could actually go and do a bit of research on their own rather than repeating the talking points provided to them by partisans, because we might get a better understanding of what is actually up for debate.

Continue reading →

Roundup: Big tent divisions

Posted on by

There was an interesting and perhaps somewhat revealing interview in The Hill Times yesterday where openly gay MP Rob Oliphant let it be known that despite the outward acceptance of LGBT issues in the Liberal Party, it is not a universally held opinion, and that there are still undercurrents of the “love the sinner, hate the sin” attitude that still reside within some of its members. As an example, MP John McKay – a noted evangelical Christian – was quoted as saying that his feelings about same-sex marriage haven’t changed, even though he considers the issue settled. It’s that line between tolerance and acceptance, and Oliphant rather adroitly points out that the line is still there within his own caucus. It also seems to me to be a kind of oblique explanation for why the government wound up taking such a tough line on the assisted dying bill – to the point that they would rather see it go back to the Supreme Court of Canada in order to suffer a defeat and be “forced” to deal with the issue as it was originally laid out in the Carter decision rather than to go along with it on their own. There are other lines within the party where Trudeau has forced the issue with his candidates and caucus, such as abortion (McKay being an opponent, as was Lawrence MacAulay until Trudeau’s edict), and it would seem that the same line is being threaded with the assisted dying issue. The difference is that with this one, Trudeau did not force the issue with his caucus and insist that this is a Charter issue that they will be whipped on (never mind that the Carter decision very clearly stated that yes, this is a Charter issue and this is why the current law is not adequately ensuring access for these Canadians with grievous and irremediable suffering). And it did seem that it was originally going to be the case where this was going to be a whipped vote on Charter lines, but he backed away from that under some public pressure from the media. How much of that was from push-back from the caucus and the broader party membership remains to be seen, but it would seem that the attempt to create the broadest possible tent is forcing some uncomfortable compromises, and in this case, Trudeau made the calculation that this wasn’t a battle he was willing to fight within his own base, never mind that he had the Charter argument right there. Instead, we are left with an inadequate law that will be challenged again (and one hopes not at the expense of another suffering family), and the reminder that while the public face of the Liberal Party is one of progressivity, there remains a social conservative undercurrent of the party that the leader’s declarations haven’t entirely done away with.

Continue reading →

Roundup: Bills left unpassed

Posted on by

While the House of Commons may have risen for the summer on Friday, they did so with an unusual number of bills waiting to pass third reading, not to mention the fact that Bill C-7 on RCMP unionization is heading back to them after the Senate amends it (and those amendments have passed at the committee stage and are awaiting third reading vote). What is most unusual to me is the fact that C-7 was another bill that was in response to a Supreme Court decision that also was granted an extension, and still managed to miss its deadline and remains un-passed. Now, the government is prepared to allow it go un-passed through the summer, despite the fact that while it was under consideration on the Commons side, they insisted they couldn’t make substantive amendments to the bill because of the deadline. That deadline has passed, and they are willing to now let it go through the summer, the sense of urgency suddenly evaporated? How? It makes no sense. And looking at the other bills that they haven’t passed yet, there are two that are both awaiting Third Reading and could have passed if they’d sat for an extra couple of days: C-2 on their vaunted income tax changes, and C-4 on undoing the Conservatives’ changes to labour rights. Why they’re letting these languish through the summer – particularly C-4, which keeps some pretty onerous regulations for labour unions on the books – is frankly mystifying.

I will say that the mood in the Commons was strangely exhausted by the time Friday rolled around, when they hadn’t even been doing late-night sittings up to this point in order to get things passed an off to the Senate (often with the expectation to get those bills passed as well before rising themselves). In fact, normally by this time, MPs are outright feral, and the tone in the Commons could generally be compared to jeering, hooting baboons. Mind you, we had The Elbowing and that associated drama a few weeks ago, and as someone remarked to me the other day (and if I could remember who you were when I had this conversation, I would credit you), they basically peaked too soon this year. And that very well could be. It still makes no sense that they would leave these two bills on the Order Paper waiting for final debate, or not waiting for C-7 to come back from the Senate. But then again, there have been a lot of questionable choices made this spring, so perhaps we should chalk it up to more of that.

Continue reading →

Roundup: Parliament’s ongoing abdication

Posted on by

After a day of impassioned and indeed blistering speeches, Bill C-14 has passed the Senate without its key amendment that would remove the “foreseeable death” restriction, and has received Royal Assent, making it law, but it wasn’t done without more damage done to our parliamentary system. No, I’m not one of those pearl-clutchers who saw the Senate doing its job in standing up against unconstitutional legislation as being some kind of anathema or affront to the democratically elected Commons – indeed, anyone who listened to Senator Serge Joyal’s speech yesterday about all of the times that the elected majority in the Commons used their powers to strip away people’s rights should see that’s why simply hand-waving about “democracy” can’t be an argument that holds water – but rather, it was the burden that is being placed on the Supreme Court of Canada and those who must challenge this legislation that is the affront. The prevailing sentiment in the chamber became “this is going to be challenged, and we did as much as we can so now it’s up to the Supreme Court,” when no, the Senate could have dug in their heels and used the powers available to them under the constitution and threaten to defeat the bill outright because of the grave doubts about its constitutionality if the government didn’t back down. Joyal tried to move an amendment that would restore the previous amendment with a proviso that it be suspended for up to two years until the Supreme Court could weigh in on its constitutionality, which was a compromise that I remain uncomfortable with because I don’t like the fact that we are increasingly demanding that the Supreme Court weigh in on bills as though legislating were a game of “Mother May I?” I was almost convinced, however, by the fact that doing it this way would be at the government’s expense rather than at the expense of a family with a suffering member who would need to begin the legal challenge process all over again – something that some senators deemed to be an immoral action. It bothers me a great deal that this is becoming the new normal in our politics – that we are increasingly becoming dependent upon the courts to deal with matters of evolving public policy because MPs – and indeed senators – lack the testicular/ovarian fortitude to actually deal with tough issues.

To that end, I’m also extremely disappointed that you had senators who said that they did their job in warning the government about the fact that the bill was unconstitutional, and that the government will have to answer to the people for it. Except it’s not the Senate’s job to “warn” – it’s their job to protect minorities and the constitution, which they did not end up doing today. And “answering to the people” is precisely why the government has been so forcefully timid in what they were going to allow under this bill. “This is just the first step,” they kept insisting, but to be perfectly frank, I don’t believe them. The bill mandates that they must have a report within two years on things like advanced directives, mature minors and the mentally ill, but if you think they’re going to do something that report other than refusing to touch it with a bargepole, well, you’re a far more optimistic person than I. No, what happened today was a further abdication by parliamentarians in both chambers of doing their jobs, and forcing more of it onto the courts (and at the cost of the individuals who will be forced to bring the challenges). It’s disgraceful.

Continue reading →

Roundup: A test of bicameral wills?

Posted on by

Whether through stubbornness or pique, the House of Commons voted to adopt nearly all of the amendments the Senate proposed to Bill C-14, with the exception of the biggest and most important one – the one which would eliminate the requirement of a “reasonably foreseeable” death before someone could be granted medical assistance in dying. And then, the Commons more or less announced that tomorrow will be their last sitting day before they rise for the summer, essentially daring the Senate to return a bill to a chamber that has gone home (well, they are supposed to come back on the 29th for Obama’s address), and leaving the spectre of there being no law in place, which has all manner of medical community stakeholders concerned (never mind that the framework of the Supreme Court of Canada’s Carter decision is in place and would ensure that nobody would be charged for providing the service). It’s a little more ballsy than I would have given the Liberals credit for a few weeks ago, particularly before I saw the background paper that Jody Wilson-Raybould released with her…questionable justification for drafting the law the way it was. Now comes the difficult part – will the Senate stick to their guns and insist that the amendments to eliminate “reasonably foreseeable” be maintained if the bill is to remain constitutional, or will they back down because they’ve made their point and the Commons is the elected chamber?

This is the part where I chime in with a few reminders that this is the reason why our Senate exists the way it does – it enjoys institutional independence and cannot be threatened by the Commons so that they can push back on bills they find unconstitutional, particularly a controversial one like this, where MPs are proving themselves to be timid in the face of a Supreme Court of Canada decision that lays out what they deem to be an appropriate constitutional reading of the issue – something the government is basically flouting in an attempt to push back on this bit of social evolution for as long as possible. And as I’ve stated before, it’s not beyond the realm of possibility that the Commons is waiting for the Senate to “force” them to advance things. Will it turn into a ping-pong between the chambers? Not for much longer, I would say, but it is going to depend on who blinks. If the Senate does dig in its heels on this and insist that doing otherwise would be to let an unconstitutional bill pass, then there is every reason to suspect the government take the “forced into this” option and let the Senate be the punching bag when religious and disability groups complain. There are people suggesting that the Supreme Court should break the impasse, which I would loudly denounce because it’s the very last thing we need. It’s not their job, and it would signal a complete abdication of the rights of Parliament and Responsible Government that our predecessors fought long and hard for. (Also, stop demanding these bills be referred to the Court – legislating is not a game of “Mother May I?”). This whole exercise is why the Senate exists. Let’s let them do their jobs.

Continue reading →

QP: A (mostly) serious, grown-up day

Posted on by

There we no major leaders present for Question Period yet again, and with an increasing number of empty desks, the time of year is getting increasingly obvious. After an emotional tribute by Nathan Cullen to UK MP Jo Cox, who was murdered in her home riding earlier today, there was a moment of silence in the Commons. Jason Kenney started off, demanding that ISIS be considered a genocide. Stéphane Dion assured him that because of the UN report on genocidal activities, they were asking the UN Security Council to make a declaration. Kenney insisted that Dion was late to the party and named off other affected local populations, and Dion reminded him that Canada’s policy was the same as our allies and we were taking the lead in getting the Security Council to Act and it was why we tripled our contribution to the allied forces in the region. A third round from Kenney got the same answer. Michelle Rempel was up next, and demanded action on resettling Yazidis to Canada. John McCallum noted that several families were on the way to Winnipeg in a few weeks under private sponsorship, and noted that the Immigration Committee had just adopted a motion to study it. Rempel quoted the act that lets McCallum take action immediately, and he reminded her that the situation was more complicated than that. Marjolaine Boutin-Sweet led off for the NDP, demanding parliamentary oversight for weapons exports. Dion stated that he controls export permits and does so with rigour and transparency. Boutin-Sweet then demanded a public inquiry into Afghan detainees, and John McKay listed off past and ongoing investigations. Murray Rankin was up next, and demanded that parliament pass Bill C-14 as amended. Jody Wilson-Raybould insisted that the bill as tabled was already constitutional and that it was the right approach. Rankin demanded the bill be referred to the Supreme Court, but Wilson-Raybould was not moved.

Continue reading →

QP: A moment for Orlando

Posted on by

Things got off today with a few statements of condolence and shock around the attack on a gay nightclub in Orlando over the weekend, and a moment of silence in the House of Commons. Neither Rona Ambrose nor Justin Trudeau were present today, Trudeau meeting with the chief and youth delegates from Attawapiskat.

Denis Lebel led off by asking about the terror attack in Orlando and the execution of hostage Robert Hall in the Philippines. Ralph Goodale responded with condolences and assurances that there were no threats to Canadians. Lebel then demanded an electoral reform referendum, to which Maryam Monsef called on all parliamentarians to help the committee do their work. Lebel pivoted again, and asked about a carbon tax. Jonathan Wilkinson assured him that they were focused on growing the economy in an environmentally sustainable way. Andrew Scheer took a crack at that question in English, terming a carbon price an “Ottawa knows best” approach, and Wilkinson gave the same answer. Scheer then accused the Liberals of charging admission for an electoral reform town hall, and Monsef said that they all members were supposed to follow the rules around these town halls. Thomas Mulcair was up next, and raised their opposition day motion topic of marijuana decriminalisation for simple possession. Jody Wilson-Raybould noted that they can’t just decriminalise without ensuring that children could not access it. Mulcair gave it another go in English, got the same same answer, and then he pivoted to take on the scourge of bank fees. François-Philippe Champagne reminded him that the government doesn’t regulate the day-to-day operations of banks. Mulcair asked again in French, and got much the same answer.

Continue reading →

Roundup: New paths to power

Posted on by

If there was any particular proof needed that things are indeed changing in the government, the way in which decisions are made is a pretty good place to start, as Susan Delacourt explores over in Policy Options. Gone are the days when all paths lead to the PMO, but rather individual ministers are empowered to make decisions, but at the same time, they are expected to consult with provincial and territorial counterparts. The civil service, having grown used to not being asked to draw up an array of options for shaping policy, is now a “fixer upper,” while the new dynamic makes it possible for anyone to contribute to policy discussions, meaning that the government can draw from a bigger pool of ideas. And the new buzzword of “deliverology” means that goals are being drawn up as tangible things that have knowable results, rather than just abstract dollar figures. (The “guru” of deliverology just met with cabinet at the Kananaskis retreat, where he said that the government has made good progress over the last six months). Commons committees are coming up with policy discussions of their own (not that they’re always going to be taken fully, as the assisted dying legislation shows). We have evidence that the Senate and their legislative agenda is being listened to, with examples like Senator Moore’s bill on restoring parliamentary authority over borrowing being adopted in the government’s budget, and Ralph Goodale talking about how they are considering his bill on CBSA oversight. So yes, it looks like the centre of power is less and less the PMO in this brave new world, which is probably not such a bad thing after all.

Continue reading →