Tag Archives: Privacy

Roundup: No more gimmicky rules

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In her latest installment of her occasional “Dear Process Nerd” column series, Kady O’Malley takes on the subject of heckling, and offers a sympathetic answer about the frustration of MPs who can’t get a word in edgewise given the way in which debates and QP are structured to all but discourage actual debate. And she’s right – that is a very serious problem that we should address. The problem? The solutions that she offered were not solutions.

As is so often the case with people who are looking to reform the system to improve the obvious deficiencies, the instinct is always to implement some new gimmick, and my learned friend is no different in this regard. In this case, O’Malley notes that we should give MPs more time to meaningfully engage with legislation (go on…) but decides that the answer lies in rejigging the daily schedule for un-structured, open-interaction with things like quizzing specific ministers on subjects or Urgent Questions.

And this is the part where I heave a great sigh, because my learned friend as completely missed the mark.

When you identify a problem, you shouldn’t go looking for a new gimmick to try and counterbalance it – you should go looking for the source of the problem and solve it there. In this case, it’s the way in which we started regulating speaking times in Canada so that when we imposed maximum speaking times, we incentivised MPs to use up that whole time. That meant speeches that went up to 40 minutes, then twenty, and the ten minutes allotted for questions and comments wound up being just as rote and scripted more often than not because MPs no longer know how to debate. So why not just tackle that problem instead? Restore the old rules – abolish speaking times and speaking lists, have the Speaker gauge how long MPs should have to speak to a bill or motion based on the number of MPs who want to speak to it, and allow for interruptions for questions in a free-flowing manner, and above all, ban scripts so that MPs will be engaged in the subject matter, talking for probably eight to ten minutes, ensure that there is free-flowing debate throughout, and most of all, it eliminates the impetus to read speeches into the record. Just tacking on new rules and gimmicks has made the situation worse over the years. Strip that away. Get us back to the fundamentals. That will help bring about actual change.

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Roundup: Say no to written guidelines

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In the pages of the Hill Times, recently retired Liberal Senator George Baker opined that he thinks the Senate needs written guidelines to restrict how bills can be amended or defeated. Currently, there is the constitutional provision for an unlimited veto, and a general principle followed by senators that they don’t defeat (government) bills unless it’s a Very Serious Matter because they know they’re not elected and don’t have a democratic mandate to do so. And as much as I appreciate the learned wisdom of Senator Baker (and his retirement is a tremendous loss for the institution), I’m going to solidly disagree with him on this one.

For one, our institutions in their Westminster model are predicated on their flexibility, which allows for a great deal of evolution and adaptability, and adding too many written guidelines to hem in powers – powers that were given to the institution for a reason – rankles a bit because there will always be situation for which those powers may become necessary to use. Too many guidelines, especially when it comes to amendment or veto powers for a body for whom that is their entire purpose, takes away their power and ability to do the jobs that they are there to do in the first place. As with the constant demands for a Cabinet manual to spell out the powers of the Governor General, it’s the first step in removing discretionary power, and giving political actors (especially prime ministers) ways to go around the other constitutional actors, be they the Senate or the Governor General, which is something that should worry every Canadian. As well, codifying those powers opens up the possibility of litigation, and you can bet that our friends at Democracy Watch are salivating for any chance at all to start suing the Senate based on their not living up to whatever guidelines are drawn up, thus further imperilling the exercise of parliamentary privilege and the separation of powers between Parliament and the courts. So no, I don’t think written guidelines are needed, nor would they be helpful. At least not from where I’m sitting.

Meanwhile the Senate’s Internal Economy Committee members published an open letter to Senator Peter Harder in response to his Policy Options op-ed on independent oversight for the Senate. Suffice to say, they weren’t fans. (My own response to Harder can be found here).

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Roundup: Neglecting a vital institution

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Of the things that vex me about our current government, their tacit endorsement of republican sentiment in this country is high on my list. The fact that they have allowed the Conservatives to take up and politicise the monarchist space in the Canadian landscape is shameful, and the fact that they have allowed the position of Canadian Secretary to the Queen to lapse is just one more sign of this particular antipathy. For all that he professes his affection for Her Majesty, Justin Trudeau seems to have a pretty difficult time reflecting that in his government’s particular decisions, and we will pay the price for it. That the work of arranging royal tours and being the link to Buckingham Palace is being left to the bureaucrats in Canadian Heritage is not a good thing. Everything I have heard about the job they do is not only that they are plagued with incompetence when it comes to the actual work of dealing with the Canadian Monarchy, but the tacit acknowledgement of my sources that those very bureaucrats charged with the responsibility are themselves republicans is hugely problematic. That they are the ones offering advice to the government is a very big problem. And that Trudeau appears to be neglecting this very important relationship is worrying. I know that there are monarchist Liberals in the ranks, and I hope very much that they can start to raise a fuss about this, because it’s a very worrying road that we are now on, and this kind of neglect can do lasting damage to our most fundamental institution, which we should all be very concerned about.

Meanwhile, Paul Wells had an exit interview with Governor General David Johnston, and brought up the issue of debating abolishing the monarchy. Johnston, bless him, pointed out that the countries that most satisfy the needs of their people tend to be constitutional monarchies, so we’ve got that going for us.

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QP: Local businesses for local people

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With Justin Trudeau off to the United Nations for the rest of the week, we weren’t expecting fireworks, but rather the continued caterwauling about the proposed tax changes, that are sure to doom the whole economy. Andrew Scheer led off, worried about what the tax changes would do to “local businesses,” coincidentally the very new campaign that his party has launched. Bill Morneau reminded him that the changes were about ensuring that the wealthiest Canadians couldn’t use these mechanisms to pay less tax. Scheer talked about two local craft brewers who were “middle class,” and Morneau quipped that he was sure that Scheer was happy to defend the wealthiest Canadians. Scheer wondered how many jobs these measures would create, but Morneau stuck with his points. Alain Rayes then picked up the line of questioning in French, and Morneau insisted, in French, that he was listening and would ensure that the system was fair. After another round of the same, Thomas Mulcair rose for the NDP, worried that th government was looking to do away with the “bilingual bonus” in the public service, to which Dominic LeBlanc assured him that they would ensure a bilingual public service. Mulcair pressed in French, and got much the same response. Mulcair moved onto the topic of Canadians being barred from entering the US post-marijuana legalisation, to which Ralph Goodale reminded him that we can’t dictate to the Americans who they let into their country. Mulcair then asked about cannabis edibles, and Goodale assured him that work was ongoing.

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Roundup: Arnold Chan and his parliamentary legacy

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News was delivered yesterday morning that Liberal MP Arnold Chan has succumbed to cancer and passed away earlier that morning. The news is a blow for Parliament, as Chan was a very decent and well-liked MP who was serious about the dignity of the institution. Back in June, he delivered a speech in Parliament that was viewed at the time as a bit of a farewell (which he insisted that it wasn’t), in which he implored that his fellow MPs not only demonstrate their love of Parliament, but that they demonstrate it by doing things like ending the reliance on talking points.

At the time that Chan made the speech, I wrote a column about its importance, and why more MPs should heed his words. Scripts and talking points have been suffocating our parliament and our very democracy, and it gets worse as time goes on. That Chan could see their inherent problems and try to break the cycle is encouraging, because it hopefully means that other MPs will too. It’s one of the reasons why I hope that as part of honouring Chan’s legacy, MPs will work to do away with the rules in the Commons that have led to the rise of canned speeches, and that we can get to a place where debate is no longer a series of speeches read into the record without actual exchanges, and where MPs actually become engaged in the material rather than just reading the points that their leaders’ offices handed their assistants to write up for them. Parliament should be more than that, and let’s hope that others follow Chan’s lead.

Here are some more remembrances of Chan by his colleagues.

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Roundup: Butts/Bannon brouhaha

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Tongues were set wagging in the Nation’s Capital yesterday when The New Yorker claimed that Justin Trudeau’s principle secretary, Gerald Butts, had struck up a friendship with Donald Trump’s chief strategist Steve Bannon, of Breitbart fame. Apparently, Bannon sees Butts as the left-wing version of himself, or something, and Butts allegedly told him that there’s nothing more populist than a rich guy raising taxes on the wealthy. And while everyone clamoured for some kind of confirmation out of PMO, getting non-denials from official sources, and “it’s just business” from the less official sources, none of the Canadian stories that I read stopped at the part where the New Yorker piece claimed that Trudeau reversed a polling slump by pushing through these tax measures. While I will readily admit that most polling stories give me hives, especially two years out from an election, I can’t for the life of me recall this having happened – Trudeau’s poll numbers have remained stubbornly high, and only really dipped a little when Andrew Scheer won the Conservative leadership, because at that point there was an actual face that people could put to the poll questions (never mind that questions related to which leader one would vote for are illegitimate given our system of government). Trudeau putting forward these tax changes were the first piece of legislation that they tabled, and while it took a while to actually pass (during which time a budget had also been tabled and passed), it had no actual effect on his polling numbers. Where the New Yorker got this particular tidbit is mystifying to me, and why Canadian outlets didn’t call bullshit on this – and subsequently look side-eye at the other claims in the piece – is similarly baffling.

https://twitter.com/EmmMacfarlane/status/898019574590976000

Of course, the story would not be complete without Thomas Mulcair coming out to theatrically demand that Butts disavow this “friendship” given all of the drama around racism and white nationalism in the States over the past few days. The problem of course is that a) Butts is not an elected official, and b) there are NAFTA talks underway, and it would be really bad form for our government to so blatantly thumb our noses at the Americans in this way. Keeping a working relationship going would seem to be the most prudent course of action – but that never seem to be the course that Mulcair advocates.

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Roundup: A sudden demand for subsidies

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Something that went largely unremarked yesterday was a somewhat bizarre press release that Andrew Scheer put out, bemoaning the lack of cellphone coverage in one region of Quebec, and then wondered why the government had all kind of money to spend on other things but not this, and then lumped it in with softwood lumber and Supply Management as a Quebec priority.

https://twitter.com/journo_dale/status/889841610665730048

While the fact that the Conservative leader was in essence demanding subsidized cellphone coverage in one particular region is strange in and of itself, it should be a reminder that this is no longer a party of actual fiscal conservatism – it’s a party of economic populism that just happens to chant about balanced budgets for the sake of it. To be certain, this is the first time I’ve seen cellphone coverage being listed as a top priority from Scheer or the Conservatives, and as many of my Twitter followers pointed out, there are plenty of places in this country with poor or non-existent coverage, especially along the TransCanada highway – somewhere one might expect that it might be some kind of national priority. But I’m also curious as to what exactly Scheer proposes to do about it that government deficits aren’t taking care of – language that seems to imply that they’re not simply going to demand that companies provide this coverage through regulatory means. Add to that, they were in power for almost a decade and did nothing about these kinds of coverage gaps, so it makes one wonder why it suddenly became a priority unless it just happens to be somewhere that Scheer is hoping to pick up some votes. Crass politicking? Perish the thought!

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Roundup: Imagining something we already have

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Two different reality shows have been made pitches about televising the renovations to 24 Sussex, and some of their reasons for doing so are frankly appalling. On the one hand, one can see the temptation of such a project, both in terms of the drama, the fact that the constant conversation and hate-watching would drive the ratings, or the possibility of some form of public accountability where people would see on their screen what their millions of dollars of tax dollars are paying for (and before you say anything else, I am very dubious about that  $38 million figure being thrown around, because it likely involves a bunch of security bells and whistles that the RCMP have thrown into it that may not actually be necessary but are a bunch of “nice to haves” while they’re blue-skying). And while that’s all well and good, one of the proponents, Lynda Reeves went and put her foot in it.

We already have our “White House equivalent,” and that’s Rideau Hall. It’s where the Head of State resides when she’s in the country, and where her representative lives and conducts his work. And I know that this may be hard for someone like Reeves to grasp, but the prime minister is not a president. He is the head of government, the “first among equals” of the Cabinet, and most emphatically not the head of state. He may have an official residence, but he doesn’t require the equivalent of a White House because his job is not the same, and he has two official offices – one in Langevin Block, and the other in Centre Block (with a temporary replacement being constructed in the West Block as we speak for the decade where the Centre Block will be out of commission). He doesn’t need a live-work space like the White House is.

It’s this kind of intellectual and cultural laziness that is the exact same as people who refer to Sophie Gregoire Trudeau as the “First Lady” when she very much is not. We don’t have a First Lady or a First Family because we have a monarchy, and those roles belong to the Royal Family. The closest thing we have to a “First Lady” other than the Queen (or Prince Philip if you want to qualify the spouse of the Head of State in such a role) is actually the Chatelaine of Rideau Hall, which is the title given to the spouse of the Governor General when the spouse is a woman (which I suppose would be châtelain when the GG is a woman with a male spouse).

So no, Lynda Reeves, we don’t need a symbol similar to the American White House because we already have one. And if we want Canadians to have an image in mind when they close their eyes and imagine what the equivalent is, there are plenty of photos to choose from. Here’s one:

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Roundup: Asking for an electoral pony

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It was entirely expected to happened, and lo and behold, Nathan Cullen stepped in front of some microphones today to cherry-pick the results of the MyDemocracy survey to declare that it told him just what he wanted to hear. Or rather, the whole survey was a failure except for the one table that proved his point.

https://twitter.com/pmlagasse/status/824378237853769728

That single table was the index that said that Canadians want parties to work together. Obviously, that means proportional representation, right? Never mind the other responses that disprove that with Canadians saying that they want simple ballots and having single parties to hold to account when things go wrong – you know, things that are more hallmarks of a First-Past-the-Post system. Of course, PR advocates have a long history of hearing what they want to hear, like how our friends at Fair Vote Canada very creatively interpreted the Liberals’ platform promise about ending FPTP to “prove” that it obviously means a PR system and only a PR system. Because that’s what they wanted to hear. And then there was Cullen’s rhetoric around it. “The idea that the Liberals, having heard all this evidence in favour of proportional systems, would then turn their backs on that promise and try to bring in a ranked ballot, alternative vote system, would be the equivalent of nuclear war in politics,” he said. That’s right. Nuclear war. Cripes.

Here’s the thing about the whole “Canadians want parties to cooperate” thing. It’s like moms and apple pie. Of course people want parties to cooperate. That’s a no-brainer. The problem of course is that decisions need to be taken, and people need to be held to account for those decisions. Our system is very much built on accountability, because that’s really the whole point of parliament. It’s to hold the government to account for the decision that it makes. When parties cooperate to make decisions, it makes accountability harder because when everyone is accountable then nobody is accountable, which is a problem for our system of government. Add to that, under our system of Responsible Government, it requires competition between parties for that power to govern. The tension between government and opposition is crucial not only for the exchange of ideas, but to both ensure that there is accountability and a suitable replacement waiting in the wings if the government should lose confidence. You can’t do that if you’re all working together.

The other part about insisting that “Canadians want parties to work together” is that it’s a wish that has about as much depth as people wanting a pony. It assumes that there are no trade-offs or downsides, and that you can simply ride or pet that pony at your leisure and not have to worry about feeding it, housing it, cleaning it, or shovelling out the barn. It’s far less glamourous, and sometimes ponies are mean, and they kick and bite. Sure, a voting system that you think will encourage parties to work together sounds like sunshine and rainbows, but it also means smaller parties holding larger ones hostage to try and gain outsized influence on decisions, and the inability for a government to speak with one voice, which is another one of those crucial things in our system that helps keep things accountable. So sure, people will answer on a survey that they want cooperation. It sounds like a wonderful thing. Reality of course is different, and people need to be very aware of that.

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Roundup: Items left undebated

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With the Commons now having risen for the holidays, there is another day or two left of work left in the Senate before they too head off for their holidays, but as Kady O’Malley points out, they are having a bit of a problem getting any bills that aren’t supply-related passed in any reasonable timeframe. The extent to which this is an actual problem just yet is up in the air – yes, fewer bills have passed to date in this current parliament, but some of them have been pretty major issues (like assisted dying), while we’ve also seen far less use of procedural tools like time allocation to ram through bills without sufficient time for debate or committee study. (We’re also not seeing massive omnibus bills being rammed through either, so points for that).

Part of the problem is simply that senators are letting items stand on the Order Paper in their name for weeks at a time, which is not uncommon in the Senate, but there has been little effort to move some of these pieces forward, and I’m not entirely sure why. In my own estimation, part of it has to do with the new normal in the Senate, where there is no longer a government caucus, and the Government Leader – sorry, “government representative” thus far hasn’t really been communicating much urgency on any particular bills so far as I can tell. Maybe I’m wrong, as I’m not privy to any discussions that he is having with other caucus leaders. Some of it I would imagine is delay engineered by some Conservative senators because they feel that measures were adopted too quickly by the House of Commons without what they would consider to be adequate scrutiny (which I would imagine the ostensible reason on holding up debate on the trans rights bill would be), while some of it is partisan stubbornness (like the bill to undo changes the previous government made to unions or citizenship revocation). Senator Peter Harder could start to invoke time allocation on those bills if he so chose, and with there now being enough non-aligned senators having been appointed to surpass the votes of the Conservatives in the Chamber, he may now be in a position to convince them that this is the way to go.

Time allocation is a tricky beast in the Senate, however, and while the previous government did not hesitate to use it in the Senate when they felt they needed to, it is a blunt instrument and Senators need to be careful that they’re not putting themselves in a position of being treated like backbenchers in the Commons. Part of what needs to happen is clear lines of communication between the government and senators who want to speak to bills so that they have timelines in mind (and to be fair, some of them may have a lot on their plates right now). But there shouldn’t be an expectation that bills need to be sped through the Senate just because they’re government bills – they already get priority in all aspects of the Senate process, but if there is a sense of urgency, that needs to be communicated.

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