The signs of the current government’s incompetence at handling the big files are numerous, but recent revelations about their anti-terrorism legislation just may take the cake. Documents obtained by The Canadian Press show that last year, Canadian intelligence services said that they were looking for “significant improvements” to information sharing between the various agencies – but they wanted them within the existing legislative framework. They didn’t need all kinds of new powers or expanded mandates, and yet, the government turn around and brought in C-51, which did just that. Because this government, after almost a decade in office, apparently doesn’t know what they’re doing, gave the intelligence services a ham-fisted, overly broad new suite of powers that they didn’t need – or even want, if these documents are to be believed – because they had managed to terrify themselves thanks to a couple of lone-wolf attacks on home soil. They drafted a bill that was so sloppy and terrible that every expert on the subject could hardly believe it. And their inept communications strategy around the bill managed to get every civil society group up in arms over it, creating a second sweep of paranoia (despite the fact that no, the bill had nothing to do with trying to expand surveillance to civil society groups or use terrorists as cover for trying to bring the hammer down on First Nations – a simple look at the fact that the government has underfunded CSIS and the RCMP will tell you pretty much everything you need to know about their intentions). It looks to be just one more example of where this government once again rejected expert advice in order to make themselves look like they were getting tough on terrorism – as effectively as they’ve gotten “tough on crime” – and they managed to balls things up for themselves and everyone else in the process. Would that we could have some grown-ups leading this country for a change.
Tag Archives: Procurement
Roundup: No, they’re not new powers
I’ll admit that there has been some terribly naïve punditry about Michael Chong’s Reform Act, and a lot of touchy-feely optimism about the fuzzy notion of “reform,” but perhaps one of the most gallingly maladroit to date has come from Campbell Clark, who wonders if MPs will actually get the will to confront party leaders with their “new powers.” Yes, that was the sound of me sighing deeply. “New powers.” For those of you keeping score, Chong’s bill did not give MPs any new powers. MPs had all the power in the world thanks to the way our system of government is designed – elected as an individual MP under the first-past-the-post system, they are empowered to give or withdraw confidence, whether it is to their party leaders, or to the government of the day in the Commons. That’s an incredible amount of power because confidence is how our system runs. The problem is that they stopped empowering themselves to exercise their power, deferring first to leaders who were no longer accountable to them after we broke our leadership selection system to make it “more democratic” by taking away that power from MPs and giving it to the party membership (a convention which Chong’s bill now cements into law), and later to leaders who gained the power to sign off on their nomination forms (a measure designed to prevent spoofing on ballots and hijacked nomination races). Sure, MPs still had power and they could exercise it – but it generally meant that enough of them had to defy the leader all at once to ensure that the spectre of group punishment didn’t draw further questions, and few MPs had the intestinal fortitude to risk their necks. They still, however, had that power. For Chong to claim that his bill grants “new” powers is bogus. As I’ve stated before, it actually takes power away because it did not actually do away with the nomination sign-off power in a meaningful way, and it raised the bar by which MPs can openly challenge a leader so it can no longer be a small group who has the gonads to go forward, but will now see the media demanding the 20 percent headcount. So will MPs have the will to use these “new” powers? Probably not, because the bar has been set higher. But in the meantime, we’ll have the pundit class praising Chong for his efforts and his “courage,” rewarding him for the campaign of bullying and attempting to disenfranchise an entire body of parliament along the way.
Roundup: The Reform Act makes everything worse
On a vote of 38 to 14, with four abstentions, Michael Chong’s Reform Act passed third reading in the Senate last night, despite a couple of late attempts at amendments that were designed to essentially kill the bill. MPs who bullied senators into passing the bill – Chong included, never mind that he wants them to kill a different bill he doesn’t agree with – were jubilant over social media, but they all seem oblivious to the fact that they’ve just undermined their own stated goals in passing this bill. I’ve written on the subject numerous times – here, here, here, here and here, and long story short is that it won’t actually remove the power of the leader to veto nominations because it doesn’t stop the leader from just giving his chief-of-staff that power, and instead of giving caucus the power to remove a problematic leader, it insulates that leader by creating a high enough bar that any MP who grows enough of a spine to go public will face a media that demands the names of the twenty percent of other rebellious MPs, and any opposition will crumble. Oh, and our current broken system of unaccountable presidentialised leadership selections are now being codified into legislation because we really want to make sure that we really break our system of Westminster democracy well and truly while patting ourselves on the back for “modest reforms.” It’s not reform, and I can guarantee that we will live to regret it, like we have every other “reform” attempt that has inevitably made our system worse off. Congratulations, 41st Parliament – you’ve done an ace job in making things worse. Slow clap.
Roundup: Fobbing off your work to the Senate
With MPs having gone home for the summer to start the campaign in earnest (well, not including the one in six who aren’t running again), the Senate is still hard at work to get through the last of the government’s agenda before they rise. Included in this are three bills that were passed at all stages in the dying days. Now, none of these are controversial so far as we can see, but the fact that they were all rammed through on a voice vote with zero debate is not exactly an encouraging trend. More to the point, it forces the actual due diligence onto the Senate, which is their job, but once again, it seems that they’re doing the work that MPs can’t be bothered to do because they’re too busy doing things like holding concurrence debates on nine-month old Health committee reports on the dangers of marijuana (never mind that said report was a sham rammed through the committee thanks to the government’s majority, and that it ignored the bulk of witness testimony) in order to try and hammer the Liberals on their pot policy. Because that’s an effective use of time. It’s also extremely ironic that the NDP insists the Senate does no valuable work ad should be abolished – and yet they once again fobbed off their work to the Senate to deal with because they couldn’t be bothered. There is no such thing as unflawed legislation, and it’s the job of MPs to scrutinise it in order to hold the government to account. But for a party who believes so strongly in the infallibility of the House of Commons that they don’t want an upper chamber, they gave bills a free pass with zero debate. Wow. Way to go there, guys. Really showing that you’re taking your jobs seriously, and that you’re doing the job of accountability like the official opposition is supposed to. Kind of like how they’ve taken to fobbing off their homework to the Parliamentary Budget Officer. It’s behaviour like that that undermines the NDP’s whole argument for Senate abolition – not that I mind. But MPs should be embarrassed when they pass any legislation with zero scrutiny. You’re just making the case for your own growing irrelevance, which serves nobody’s interests.
Roundup: Half-assing discussions on the Senate
With all of the recent attention on the Senate lately, there has been no shortage of columns and think-pieces about the institution, calls for its abolition, and the conflation of a host of issues under the banner of “scandal” writ large, all senators painted with the brush of criminality, all of the expense issues flagged by the Auditor General treated as outright graft, and now with the accusations against Senator Don Meredith of sexual impropriety with a teenager, the institution itself seems to bear the blame. Never mind that elected officials are often caught misspending or engaging in inappropriate behaviour (there is a reason why the Commons Clerk has a conversation with the female pages at the beginning of every session). Add to the pile is the weekend longread in the Ottawa Citizen about what to do with the problem of the Senate. And for as much as it was a noble effort, it fell apart rather quickly on a number of fronts. For one, for a piece of its length, it relied on astonishingly few sources – one retiring Conservative senator who is engaged in a campaign of self-serving legacy-building, one who has already retired, the same political scientist that every reporter goes to for a quote, and one more lesser-known political scientist to push back against a few of the claims. That’s not a lot for a fairly complex issue. Much of the article is taken up by the fixation on a referendum on Senate abolition, be it from Hugh Segal’s outright bizarre notion that it could somehow give the institution legitimacy if it were rejected, to the usual nonsense that it will somehow spur premiers to action. Completely absent from the self-awareness of any of these arguments is the fundamental concept that one of the Senate’s very primary purposes was to protect the interests of minority provinces – to say that referendum result can somehow wipe away those very real interests is a complete betrayal of the principles of a liberal democracy which is supposed to mediate against the harms of mob rule. The piece also makes boneheaded statements like the composition of the Senate over-representing smaller provinces – which was the whole point, to have a system of regional representation that was not bound to representation-by-population. The Senate’s model of equal regions was designed to counter the rep-by-pop of the Commons, and the inability for people to grasp this simple fact is gob smacking. Nowhere in any discussion of reform are the reasons the Senate was structured the way it was – to provide institutional independence against the reprisals of a government they push back against. Accusations of ineffectiveness are mired in the recent past as opposed to a broader look at times when the Senate has less deferential, nor does it look at reasons why it’s in a deferential state right now (hint: the manner in which the current Prime Minister made his selections). And the issue of the lack of seriousness by which successive prime ministers have taken their appointment powers is not explored at all, when it is probably the most important part of the discussion about what to do about the Senate. If we’re going to have a discussion about the Senate, then let’s be serious about it. Half-assed attempts like this don’t help the conversation.
Not unless you think the constitution is illegitimate. RT @robert_hiltz: The Senate is many things, but it is certainly not "illegitimate".
— Dale Smith (@journo_dale) June 20, 2015
Roundup: Farewells and self-awareness
With 54 MPs not running again in the next election, we’re hearing a lot of teary farewells, and a number of them talking about their regrets for all kinds of things, particularly about some of the nastiness and the more toxic aspects of their career in politics. It’s more of what we saw in the Samara Canada series of exit interviews with MPs from previous parliaments, which culminated in the book Tragedy in the Commons, where MPs all bemoaned how terrible it was, and how the parties controlled everything, and how everyone else was nasty and partisan (but not them – even when you pointed to examples where they were engaging in that behaviour). What strikes me is that pretty much no MP you’ll speak to will take any responsibility for their own actions, whether it’s boorish partisan behaviour, letting the leader’s office dictate to them, or as is now commonplace, dutifully reading the scripts that are placed in front of them with no critical capacity to say no, I won’t demean myself in this way. (The obvious exception to all of this is Irwin Cotler, who has been a pretty exemplary class act throughout his time as a parliamentarian, but for pretty much everyone else this applies). When we listen to MPs get all teary and expressing their regrets, we should start asking them why they didn’t do something differently. And that’s really it – we elect MPs directly under our electoral system, and that empowers them to be the masters of their own destiny within the Commons (with the obvious exception of whips on things like confidence votes). They don’t need the Reform Act for things to change – they just need to take responsibility for their own behaviour and act like grown-ups. Sadly, the vast majority don’t and then blame everyone else, which is a sad state of affairs.
QP: Bono’s big visit
With Bono promised to attend, MPs were vibrating with fannish glee during Members’ Statemets. Thomas Mulcair even showed up on a Monday, which is an indication of how big of a deal they were making of it. When he led off, he led immediately with the AG report on the Senate, and asked about PMO interference (not that any has been alleged). Paul Calandra, quite predictably, brought up the NDP satellite offices. Mulcair then raised the mischief-making of the possibility that Senators won’t travel extra city blocks to get cheaper temporary office space, to which Diane Finley made a bland statement about expecting senators to take whatever temporary office space if given to them. Mulcair then went on a soliloquy that he is probably glad he was shielded by privilege for, and asked a rhetorical question about why the PM appointed the senators he did, not that Calandra’s reply changed from before. Mulcair changed topics, brought up Bono (who still had not arrived) and the fact that the government has not committed to actually doing anything about the poverty pledge they are signing onto. Christian Paradis praised the government’s programmes abroad. Mulcair noted the poverty among First Nations, to which Bernard Valcourt listed their success stories in the north. Ralph Goodale led off for the Liberals, asking about the Information Commissioner’s decision to take the government to court over those deleted gun registry records, and wondered who counselled the behaviour. Stephen Blaney touted the destruction of said registry and gave a false point another the will of parliament. Goodale pressed, and Blaney doubled down. Stéphane Dion gave it a go in French, and got the same answer — again.
QP: Scripts on reconciliation
It was all leaders present for one of the few remaining Question Periods of the 41st parliament where we’ll see them all together. Thomas Mulcair led off, acknowledging that they were on unceded Algonquin territory, and noted the Conservatives voting against an NDP bill to implement the UN Declaration on the Rights of Indigenous Peoples. Mulcair wondered if the government would adopt it, to which Stephen Harper reminded him that Aboriginals are already included in the constitution and that the UN Declaration is an “aspirational document.” Mulcair repeated “aspirational” with a vitriolic tone, then demanded a nation-to-nation relationship between First Nations and Canada. Harper reminded him that they established the Truth and Reconciliation Commission and they were working to improve the living conditions of all Aboriginals. Mulcair noted that at least 6000 children died in residential schools, and wanted Harper to acknowledge that they were “cultural genocide.” Harper insisted that he addressed the damage of forced assimilation seven years ago, and that the NDP consisted voted against the concrete steps the government was taking. Mulcair then noted poor education outcomes for First Nations currently, to which Harper reminded him of measures in the budget. Mulcair demanded that the funding gap for First Nations students be closed, to which Harper said that they were trying to reform the system and that the NDP vigorously opposed them. Justin Trudeau was up next, asking about unfinished Reconciliation action for Métis and Inuit, and wanted nation-to-nation engagement. Harper reiterated the various achievements they’ve made, and encouraged the Liberals to stand with when. Trudeau said that his party accepted and pledged to adopt the TRC Reports recommendations and wanted the same pledge from the government. Harper said that they would study the report, before returning to his slap that the Liberals voted against concrete measures. Trudeau gave it one last attempt, to which Harper said that there was no ideal relationship in our history and they were working to improve the living conditions of First Nations.
Roundup: Last-minute legislation
With less than three sitting weeks left, the government has announced that they will introduce yet another bill, this time to give the Minister of Transport enhanced powers when it comes to ordering vehicle recalls. The bill won’t be tabled until later in the week, and there’s no timeline for its passage, but Lisa Raitt is confident she’ll get all-party support for the bill to expedite it. Of course, it’s not guaranteed, and in the light of the recent Takata airbag recall, it does start to smack a little bit of desperation, that the government is doing one last push to show that they’re on top of things, even though they knew this deadline was coming, and this recall issue has been going on for weeks now. As well, they have nearly twenty more bills that they want to pass before the Commons rises, and as it stands, it looks like some of their showcase bills, like the “life means life” parole bill, aren’t going to make it, and Peter MacKay is admitting as much. This speaks to a couple of different issues – one is that there are doubtlessly bills that they’re going to allow to die so that they can campaign on them, both as unfinished business and under the falsehood that the opposition held them up (which really, they can’t do given that this government has the time allocation hammer and aren’t afraid to use it) so they need another majority in order to get these kinds of measures through. Of course, it also showcases that this government – and Peter Van Loan as House Leader – has been spectacularly terrible when it comes to the basic management of getting bills through (not that it’s all Van Loan’s fault – the NDP haven’t exactly played ball when it comes to any routine House management either, and it has been said several times that Peter Julian has managed to make Van Loan look downright reasonable). Suffice to say, good luck to Raitt, because she’s probably going to need it if she wants to get this bill through.
Roundup: Establishing a wedge narrative
It really was a little bit embarrassing – or would be, if he had even a millilitre of shame. Pierre Poilievre rushed everyone to a microphone yesterday morning to announce the “next part” of the Trudeau Tax™ that he’s trying to push as a talking point – that Justin Trudeau said that he would impose a new mandatory “payroll tax” for pensions like is happening in Ontario, with a dollar figure attached and everything. Which, of course, is a complete fabrication as Trudeau said no such thing. I know, because I was there sitting in front of him when he talked about CPP enhancement in his Wednesday press conference. And throughout Members’ Statements and Question Period, as many Conservatives as possible tried to make this very same claim – Harper going so far as to call it a “$1000 pay cut” – even repeating it in response to NDP questions. Way to make them feel relevant! Much in the way that Trudeau’s supposed “gaffe” about fairness was a legitimate point of philosophical difference that is being turned into an attack line, this hint at a policy discussion yet-to-come, which would need to be discussed with the provinces in any eventuality, is being morphed into something sinister and being associated with specific dollar figures where no pronouncement has been made – not that facts have ever mattered to the Conservative attack machine. (Witness “budgets balance themselves” which actually followed the phrase “when the economy grows,” which is true and the Conservatives have said so themselves on numerous occasions). So while we again have an area of legitimate philosophical difference – whether Canadians are saving enough, whether a mandatory plan is the best vehicle to fund retirements – it’s being turned into this dumbed-down populist talking point that obliterates nuance or the truth about what was actually said. But apparently veracity doesn’t matter because election. Or something. (But if you want to discuss nuance and policy, Jennifer Robson is glad we’re talking CPP expansion again.)