Roundup: De-Canadianizing the Crown

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

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QP: Second verse, same as the first

A very blustery day on Parliament Hill, and all three main leaders made it through the rapidly accumulating snowfall in order to make it to QP on time. Rona Ambrose led off, mini-lectern on desk, reading a question about pulling the fighters out of Iraq, insisting that it means that Canada is not fighting terrorism. Justin Trudeau said that they consulted with allies and came up with a robust new plan to do what was needed. Ambrose insisted that military action and fighting was necessary, to which Trudeau quoted to her the US coalition leader saying that they couldn’t bomb their way out of the crisis, and that they needed training. Ambrose switched to the issue of new funding for UNRWA, which was found to be linked to Hamas. Trudeau noted his meeting with Ban Ki-moon, and the commitment to re-engaging with the world. Stephen Blaney was outraged that some of our aid money could find its way to terrorists groups, at which Karina Gould reminded him that our aid money was neutral. Blaney then called the decision to send Griffon helicopters with the new trainers “bungling,” but Harjit Sajjan merely confirmed that yes, the helicopters would be deployed. Thomas Mulcair was up next, outraged that more trainers over in Iraq would mean more risk. Trudeau reminded him that Canadians always stand up to do their duty when called upon. Mulcair asked again in French, and got the same answer in French. Mulcair mentioned his trip to Saskatchewan, and demanded EI reforms to help people in the oil price drop. Trudeau said that they were working hard to meet that demand. Mulcair decried a $6.5 billion shortfall for grain farmers without the Canadian Wheat Board. Lawrence MacAulay noted that government no longer had ties to the former Board.

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QP: Concern for jobs and Iran 

While it was caucus day, and all of the leaders were present, but things got off to a late start for a rather unfashionable reason. When QP started, Rona Ambrose started, mini-lectern on desk, reading a question about the lack of concern by the government over mounting job losses in Alberta. Justin Trudeau reassured her that he was preoccupied with the issue, and that measures were coming in the budget. Ambrose repeated the question in French, got much the same response, and then turned to the lifting of sanctions on Iran but tied it into the Syria mission. Trudeau said that the world was safer with a nuclear deal with Iran, and that Canada needed to engage in a responsible way with that country. Tony Clement railed against Iran in French, to which Trudeau repeated his previous answer about engaging responsibly, and then went for another round in English on the topic. Thomas Mulcair was up next, and demanded action on restoring home mail delivery. Trudeau reminded him that they campaigned on a moratorium, which they did, and they were now engaging with Canadians on the issue. Mulcair then demanded that OAS be restored to people at 65 immediately, to which Trudeau reminded him that it’s already the case. Mulcair read the same question again in French, got the very same answer, that they age increase wasn’t going to happen until 2023, and suggested that Mulcair check his facts first. Mulcair asked about provincial pension enrichments, to which Trudeau reminded him that the finance minister is currently engaging with provinces.

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Roundup: Unrest without modernization

Oh, look – it’s the Senate bat-signal, shining one last time for me this year. Here we go: Senators Greene and Massicotte, who have been trying to organise some internal reforms to the Chamber, are warning that if modernisations don’t happen within the caucuses that they may see more defections from frustrated Senators, and swelling the ranks of Independents – particularly relevant with more senators on the way chosen by this new process (though nothing says that all of these new senators will sit as Independents, or that they won’t opt to sit in one of the two existing caucuses). Many of the reforms that the two are proposing are pretty modest – electing chairs and vice-chairs of standing committees, replacing Question Period with “Issues Period,” electing caucus officers, televising Senate proceedings; larger communications budgets to promote the Senate and its work (particularly committee reports); and electing the Speaker. Some of these are already in the works, like televising/webcasting procedures, which will happen in a year or two, once they get the technology sorted. Similarly, work to reform Senate Communications has been ongoing, and will continue, and I’m sure no one will argue that more money would help. Some of them – electing caucus officers – already happens in the Senate Liberal caucus, and sounds like is starting to happen in the Conservative ranks. The issue of committee membership is a topic that is currently being debated, and no doubt work will be undertaken on this in the Senate Rules committee, where it will start getting hammered out because the growing number of Independents does make this a priority issue for them. Some of the ideas, however, are more problematic, such as electing the Senate Speaker. Why? Because the Senate Speaker is actually the titular Head of Parliament; it makes sense for this to be a government appointee as a result, and because of this titular position, it comes with diplomatic and protocol responsibilities. Having the Senate elect their own that could be in opposition to the government of the day would be a serious problem, which few people seem to be grasping. As for “Issues Period,” I find it to be the weakest suggestion, particularly as asking questions of committee chairs a) is already possible, and b) doesn’t happen often because there’s not a lot to ask of them. As I explained in my piece in the National Post last week, Senate Question Period is about holding government to account, and with there being no Conservative Atlantic Canadian MPs in the Commons, it gives those Atlantic senators an opportunity to play that role. Or rather, it would if they had someone to hold account. In the absence of that, the Senate loses out on one of its functions, which will become a problem, and it’s something that “Issues Period” won’t solve.

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Roundup: Questionable speaking fees

Following testimony at the Mike Duffy trial, Glen McGregor went back through the records of Duffy’s speaking engagements and what he was paid for them. Why? Because at trial, it came to light that he paid a speechwriter for a last-minute speech to one group, made a couple of tiny changes to it, paid for said speech through his “clearing fund” run by Gerald Donohue as though it were an expense related to his Senate duties, and then collected the $15,000 fee. Senate ethics guidelines state that they are not to collect speaking fees if it’s related to their Senate duties – and to be clear, there are plenty of parliamentarians in both Chambers for whom it’s entirely appropriate to have a Speaker’s bureau arrange and charge for speeches based on their previous experiences, because it’s not part of their parliamentary duties and it ensures that their expenses are covered and not charged to the taxpayer. Duffy, however, seems to have breached this particular rule, which could be yet another wrinkle in his attempt to prove his innocence, or to show that the “clearing fund” was only for legitimate parliamentary expenses. Meanwhile, looking back at the trial, we see recollections of his memorable phrases, and the petulance of his testimony.

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Roundup: The return of the Reform Act

Despite hopes that we might be rid of this nonsense, Michael Chong is back with a vengeance, plugging for parties to implement the Reform Act when their caucuses meet in the coming weeks, and hey, he’s not done spouting a bunch of complete bollocks about the new legislation! A reminder: The Reform Act is de facto useless, and de jure harmful to our system of government. I’ve outlined it all before here, here and here, so that soil is well tilled, but suffice to say, it’s not going to empower MPs like he says as MPs already have that power but simply don’t exercise it. It will, in fact, do the opposite. But then there’s some troubling statements he made on Power & Politics last night regarding his idea of the role of the Senate when it comes to leadership votes. Not only did his bill define the caucus as MPs only, but he stated that senators have no role in the selection of an interim leader because it was about (in this case) choosing the “leader of the opposition” which had nothing to do with the Senate, since MPs didn’t choose their leader. Nope – all wrong. It’s about choosing the interim party leader, not just leader in the Commons, and senators are just as much part of the party as MPs are. That makes a difference, particularly if the interim leader is going to be making organisational changes within the party structure which senators are every bit as entitled to have a say in as MPs. Also, because that leader will be able to choose who the Senate leader is going to be (well, for the Conservatives anyway – mileage may vary for future Liberal interim leadership votes), they have a vested interest in who will be chosen. Chong insisting otherwise is being disingenuous. So why is he making the big pitch – other than for the sake of his legislative legacy? Because I’m pretty sure that he’s building himself up for a permanent leadership bid as the “great reformer.” It’s too bad that his reforms are a sham that only serves to entrench what problems have grown in our system. But it’s all about looking like you’re changing things, right? It’s cynical, and sadly, a great many people (my journalistic colleagues included) will lap it right up.

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Roundup: A refresher on the GG

With a minority government likely in the offing – possibly Conservative, possibly Liberal – we’re seeing a spate of new articles about post-electoral scenarios and the role of the Governor General. While some of them get it more or less right, (my own offering a couple of weeks ago here), into the middle of this, Duff Conacher of Democracy Watch sticks his nose in and starts making trouble of his usual sort – deliberately misconstruing the system to his own ends. And then, unfortunately, As It Happens picked it up and ran with it without someone credible to counter it. Fortunately, Philippe Lagassé was already ahead of that game earlier yesterday morning, followed by a smackdown of Conacher later in the evening. I’ll leave you to it.

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Roundup: Aspirational job targets

Stephen Harper’s election pledge du jour was a target of 1.3 million net new jobs by 2020, which sounds terribly impressive, but if you listen to the economists talk about it, there are a few caveats. Of course, we should note first that really, government’s don’t create jobs as such, but they can provide the environment that is conducive to investment and hiring. The question for Harper really is a) how many of these jobs would be created regardless of whatever you do, and b) what measures exactly are you proposing to create these jobs, considering that it’s becoming ever more clear that we’re moving into an era of really low growth. And no, just signing trade agreements isn’t enough, nor is just lowering taxes and calling it a day. The Conservatives asked Mike Moffatt and Kevin Milligan to check their figures, and both say that sure, it’s plausible – but it’s going to depend on strong global growth, immigration, and older workers staying in the workforce longer (as in not retiring). Mike Moffatt gives his analysis here, while Milligan (and others) have tweeted their comments.

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

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

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Roundup: The Conservatives’ anti-refugee inertia

With opinion galvanizing around the Syrian refugee crisis, there are calls for the government to do more – even if the opposition parties’ targets remain a little on the weak side in the overall picture. Cities and provinces – in particular Quebec – are pledging to do more, but they are bound by the pace that the federal government sets. And above all, that is the real problem with Canada’s response. Chris Alexander has been subtly blaming the UNHCR for their slow and onerous process while trying to cast his government in a positive light for trying to change that, except they’re the ones who’ve made the system far more onerous in the first place. I’ve covered the refugee file for a number of years, most especially when I was writing for Xtra, and a consistent theme emerged was that every time the Conservatives changed the rules, they were making it harder for refugees to make it into the country. In a particular bid to try to keep out refugee groups that they didn’t want to deal with – Mexicans and Roma are two that immediately come to mind – they continually tinkered with the rules, going so far as to create a “designated country of origin” list to make it easier to reject and deport those groups, no matter that a high volume of them had legitimate claims. They shortened processing times on arrival to prejudice the system against them, particularly when it’s difficult to get documentation, and denied them avenues of appeal. And overseas, they’ve understaffed embassies and missions in areas with high refugee populations and outsourced refugee determination to the UNHCR, which doesn’t have the resources and capacity to do that. Here in Canada, they’ve shifted their focus to private sponsorship away from government sponsorship, and even when they try to assist private groups, they don’t give them the assistance that they really required, such as capacity building. And then there was the whole issue of cutting off healthcare for refugee claimants, which was also used as a means of disincentivising people from coming over. Add to this a focus on risk assessment and then prioritizing minority populations in places like Syria and Iraq, and suddenly it’s no wonder that they’re moving at a glacial pace when it comes to getting more refugees resettled in Canada. The lack of political will to tackle this refugee crisis has been long-standing and a long time in the making. There are plenty of things that they could do, as Joe Clark explained, such as putting people on the ground in the region, doing security checks there, relieving the UNCHR of all of the work of refugee status determination, and arranging transportation rather than offering them loans for it (because if there’s one thing that refugees need it’s to be nickel-and-dimed by the Canadian government). They have the capacity, but they’ve spent so long trying to choke off the flow of refugees that the law of inertia has taken hold, and they can’t turn the ship around. I don’t think enough people are calling them out on this fact.

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