Roundup: A moratorium courting constitutional crisis

Without going too deeply into this (something I’ll save for later), Stephen Harper decided that his best way to “differentiate” himself on the Senate was to flout the constitution, and declare a moratorium on any future appointments. There are already 22 vacancies in the Chamber – a full fifth of its complement, and more than any in history. It’s unconscionable, because there are supposed to be 105 senators, and not a maximum of. It’s a complete abrogation of the compromises made by the Fathers of Confederation, and furthermore, it’s also flouting the decision of the Supreme Court who said explicitly that the Senate has a role with sober second thought. That role is already being compromised because they’re having trouble filling committee seats, and this is a very serious problem. On the one hand, this official declaration of a moratorium is a gift to Vancouver lawyer Aniz Alani, who has launched a challenge in Federal Court to get a declaration that the Prime Minister is obligated to make appointments as they happen. It’s also courting problems with federal-provincial relations for a couple of reasons – one is that Harper is now attempting to do through the back door what he won’t do from the front door (again), and he’s using a childish tactic of throwing this problem into the laps of the premiers to come up with some kind of solution without him. It also highlights that there is again a choice for voters in the election – you can vote to keep in a party whose leader flouts the constitution and the Supreme Court; one who promises to do the very same while chasing the pipe dream of Senate abolition; and one who has promised concrete and constitutional measures to reform the appointment process in the same way that Harper did with vice-regal appointments. Oh, and in case you were wondering, if the courts declare that a Prime Minister has a constitutional obligation to make appointments as they happen – and that’s pretty much guaranteed – and the PM still refuses to, we’re into constitutional crisis territory where the Governor General will have the very real need to dismiss said PM. This is what we’re courting here. It’s not a trivial matter.

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Roundup: And now the environmental policy

Justin Trudeau was out in Vancouver yesterday to unveil the next plank in his party’s platform, filling out his previous environmental proposal to sit down with the provinces to allow them to collectively come up with a climate plan in the short time between the election and the Paris climate conference in December. Trudeau’s new announcements included phasing out fossil fuel subsidies, putting more money into clean tech jobs, restoring the environmental assessment process and adding more teeth to the National Energy Board and its review processes, increasing the amount of protected coastal areas, and cancelling fees at national parks in 2017 to celebrate Canada’s 150th anniversary. Overall, his message was that there will be a price on carbon if the Liberals form government. Predictably, the Conservatives came out with cries of “carbon tax!” while the NDP rolled their eyes and muttered about vague targets with no actual named carbon price. Paul Wells notes that one really can’t criticise Trudeau for being devoid of policy any longer, and that it may force voters to give him and his party a second look.

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Roundup: Ham-fisting a simple request

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.

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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.

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QP: One last scattershot attempt

It was likely the final Commons Question Period of the 41st Parliament (but it looks like not), and not a moment too soon. Not unsurprisingly, most of the leaders have already fled for the pre-writ campaign trail, with the exception of Elizabeth May, who dutifully remains at her desk until the bitter end. Megan Leslie led off, raising the moral issue of climate change per the Pope’s encyclical, but turned it into an NDP pitch instead of a question. Leona Agulkkaq chose a climate change talking point and recited it dutifully. Leslie then moved to the issue of sexual harassment in the military, to which James Bezan rose to denounce the comments made by the Chief of Defence Staff and to note that the wheels were already in motion for a change of command. Leslie asked for an inquiry into missing and murdered Aboriginal women, to which Kellie Leitch insisted that they were taking action. Niki Ashton picked up, denounced the government and raised a report on the wage gap between First Nations and other Canadians. Bernard Valcourt noted the measures the government has taken to improve the lives of First Nations. Ashton then raised a plethora of social issues faced by First Nations children and asked a rhetorical question about the government discriminating against them. Valcourt insisted that they were taking action to improve their lives. Ralph Goodale led for Liberals, decrying the government’s economic performance to which Kevin Sorenson read some talking points about lowering taxes and the Liberals raising them. Goodale dug in, but Sorenson repeated his usual talking points about how great ever high was. Dominc LeBlanc took the final slot to further the condemnation in the other official language, to which Candice Bergen stood up to defend the government’s record of keeping promises.

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QP: Like a greatest hits package 

All of the leaders were present today, for probably the last time in the 41st parliament. And hey, government computer systems were under a cyberattack as it went off, so that was exciting. Thomas Mulcair led off, asking about General Lawson’s comments on “biological wiring” as it relates to sexual harassment in the military and what the government would do about it. Harper denounced the comments and noted that Lawson apologised immediately and that they would implement the recommendations of Justice Deschamps. Mulcair asked again in English, demanding a personal commitment by the PM to changing the culture of the military, but Harper repeated his response but cautioned Mulcair against slurs against all members of the military. Mulcair then changed topics to the RCMP deletion of those gun registry records and wondered about the PMO role in encouraging them to do so. Harper insisted that they acted under the law. Mulcair then brought up the Senate audit, and wondered about the residency of Senator Carolyn Stewart Olsen (who was not named in said audit). Harper, a bit testy, brought up the NDP satellite offices. Mulcair turned to another senator’s mileage claims, to which Harper said that they were inventing things and reminded them of the satellite offices again. Justin Trudeau was up next, returning to the issue of sexual harassment in the military, and wondered why the PM would not immediately dismiss the Chief of Defence Staff for comments that he himself condemned. Harper returned to his previous response, following a dig at Trudeau. A second round in French got the same response again, and for his final question, Trudeau touted his plans for a revised Supreme Court appointment process, and rhetorically asked why the PM doesn’t commit to appointing bilingual judges. Harper insisted that the institution was already bilingual, and not every member was required to be.

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Roundup: Some laudable goals, and a lead balloon

The writs might as well have been dropped for the kinds of campaigning that was going on yesterday – Trudeau in Ottawa, and Mulcair in Toronto. While Mulcair largely reheated past statements about support for the manufacturing sector (not that he spelled out what that support means) or lowering small business taxes (of the kind that could actually help out whose wealthy Canadians who incorporated themselves for tax reasons), it was Trudeau’s package of announcements that got the big play. The package included 32 measures for “real change” to bring more openness and transparency to government – a familiar song and dance, but there were some pretty laudable concrete proposals in there, around things like Access to Information, improving service standards at CRA, or repealing this government’s “fair” election laws. The part that got everyone talking – and my head exploding repeatedly – was Trudeau signing onto the electoral reform bandwagon. While Trudeau was talking about consultations and then legislation within eighteen months, the fact that he’s buying into the completely and demonstrably false notion that votes don’t count under our current system (in fact, they not only count but all count equally) is disheartening – particularly after he spent his leadership campaign talking about how he didn’t believe in PR systems (as opposed to Joyce Murray, where that was a central plank for her). Without turning this post into a denunciation of electoral reform, let me simply say that it’s false to say that votes don’t count now, and that changing the system will simply replace one set of problems – or perceived problems – for a whole new set of problems. There were so many other laudable proposals in his platform, one or two duds excepting, that it’s too bad that this one particularly bad one sucked the air out of the rest of it all. If he want’s “evidence based policy,” then perhaps he should reconsider this particular promise. Paul Wells writes about the earnestness of it all, with some historical perspective for good measure.

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QP: Counselling illegal behaviour

It being a Tuesday, Stephen Harper was present for QP, a rarity these days — it’s too bad that neither Jusin Trudeau was (despite being in town but apparently had a thing with his children), nor Thomas Mulcair (who was giving a speech in Toronto). Megan Leslie led off, bemoaning the economic situation the country finds itself in. Stephen Harper disputed her, praising the post-recession job creation record. Leslie noted the drop in manufacturing numbers, using it to plug Mulcair’s speech, but Harper repeated his previous points. Leslie tried again, but Harper insisted that the NDP were only at the mercy of big union bosses, and that brought economic ruin in Europe. Peter Julian then picked up, and wondered why the government was allergic to democracy and the facts. Stephen Blaney responded, saying that the “group in question” supports a terrorist organization, and a second round in English went exactly the same. Ralph Goodale led for the Liberals, condemning the government for “counselling illegal behaviour” when it came to the destruction of those gun registry records. Harper insisted that the RCMP acted on the will of parliament, and that the Liberals simply wanted to revive it. Goodale ripped into him for the response, but Harper more forcefully repeated that it was the will of parliament, and that the Liberals hated farmers and duck hunters. Stéphane Dion took another kick at it in French, going after the retroactive legislation burried in the omnibudget bill to protect the RCMP, but Harper would not change in his talking points.

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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.

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QP: Senate versus satellite offices

With Harper off in Europe, and both Mulcair and Trudeau at Parizeau’s funeral in Montreal, it was going to be a mediocre day. Megan Leslie led off listing some expenses flagged in the Senate AG report, and asked if the PMO had contact with any of those senators before it was tabled. Paul Calandra responded that the senators were responsible for their own spending. Leslie tried to draw links to PMO involvement — the evidence around it sketchy at best — but Calandra wouldn’t budge. Leslie pressed again, and Calandra noted that the NDP were looking to re-open the constitution before reminding them of their satellite offices. Alexandre Boulerice gave another try in French, got the same answer, and for his final question, demanded an oversight body for the Senate, to which Calandra said he expected the Senate to follow the AG’s recommendations. Dominic LeBlanc led for the Liberals, asking about inadequate pensions. Pierre Poilievre insisted that the Liberals would just raise payroll taxes. Ralph Goodale asked the same again in English, to which he got the same reply from Poilievre. Goodale quoted the finance minister in refuting that pension payments are income taxes, but Joe Oliver didn’t take the bait, and Poilieve repeated his same talking points.

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