Tag Archives: Reform Act

Roundup: Unenforceable garbage legislation

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As expected, the Speaker ruled yesterday that he didn’t have the jurisdiction to police whether or not the different party caucuses adhered to the Reform Act additions to the Parliament of Canada Act, and thus Jane Philpott’s complaints will fall on deaf ears (just as Erin Weir was hoping to belatedly make the same complaints about his own expulsion from NDP caucus). And then we immediately got another wave of self-righteousness over the Twitter Machine about how terrible it was that MPs couldn’t even follow their own laws just after they passed them.

To recap the whole Reform Act saga: It was a dubious prospect from the very start because it was utterly misguided in what it was trying to accomplish, which was to nominally weaken the power of the party leader and strengthen the power of MPs. Everyone was treating this as a rebuke of the “dictatorial” Stephen Harper, so it became this big optics battle, never mind that it would have done nothing about the Conservative caucus and their mood, since the vast majority of them were still convinced that Harper walked on water. And while Michael Chong may have been noble in sentiment, he chose the wrong vehicle to make his proposed changes. The right vehicle would have been reforming leadership selection processes, which are the bane of our system, but he didn’t dare do that, so we got the Reform Act instead. And because no party actually wanted to do more than mouth the platitudes of the bill, they ensured it was so completely neutered in committee and made optional, with no enforcement, that we got the eventual garbage bill passed into law because it felt good to do so.

Here’s the thing: MPs didn’t need this bill to give them any more power. They already had all the power they needed, but they either choose not to exercise it, or don’t know about their own powers because, well, most of them don’t even know their own job descriptions. (This is why I wrote my book). And Chong’s garbage bill actually limited their powers under the guise of strengthening them. But would anyone articulate that at the time (other than me, howling into the void from the pages of the National Post)? Of course not. All of the hollow platitudes were siren song. And so once again, MPs passed a meaningless (but not actually harmless — the bill is actually democratic poison) bill into law with no intention of following through on it, because it felt good. And this kind of thing keeps happening because not enough MPs are serious enough about their actual constitutional roles. We need better informed MPs, or this kind of thing will keep happening.

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Roundup: Forcing a partial denunciation

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While Andrew Scheer was goading Justin Trudeau to carry on with his libel lawsuit against him, it seems that Trudeau did manage to get Andrew Scheer to do one thing that he has thus far avoided, which was an actual denunciation of white nationalism, and that he actually said those words rather than talking around them. He didn’t denounce Faith Goldy for appearing with him at that “convoy” rally, and he didn’t say anything about his cherry-picking of wilful blindness of the “Yellow Vest” contingent with their racist and whites supremacist messages at that rally, but it was a start. Baby steps. 

Part of the backdrop for this was an exchange between Senator Leo Housakos and Chrystia Freeland at a Senate committee hearing on Tuesday, where Housakos said he didn’t see any white suprematist threat (which he later said was poorly worded), and Freeland laying down the law on it. 

Amidst this drama, the head of CSIS was appearing at a different Senate committee, this time to talk about Bill C-59, the national security bill, and he did state that the intelligence service was becoming more and more preoccupied with the threat of white nationalists and far-right extremists, even though religious extremism was still one of their largest focuses. It’s something that is of concern and we can’t ignore the winking and nudges that absolutely takes place, or especially the blind eyes that get turned, but we do seem to be having a conversation about it, so that’s probably a good start.

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Roundup: An important first report

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While everyone was focused on Jane Philpott’s attempt to claim that the provisions in the garbage Reform Act weren’t met as it regards her expulsion from caucus, a much more important event was taking place, which was the release of the National Security and Intelligence Committee of Parliamentarians’ first public report. This is the first time that Canada has seen any kind of public oversight into our national security and intelligence services, and it was important to see. One of the things that they focused in on was the oversight of military intelligence operations, for which the military thanked them for their suggestions on improving governance, but balked at the proposal for a legislative framework.

Nevertheless, the expert in this stuff is Stephanie Carvin, so I will turn over the reactions to her (full thread starts here):

https://twitter.com/StephanieCarvin/status/1115716056247676929

https://twitter.com/StephanieCarvin/status/1115717071185301504

https://twitter.com/StephanieCarvin/status/1115717072657502210

https://twitter.com/PhilippeLagasse/status/1115678714291871746

https://twitter.com/PhilippeLagasse/status/1115683292928299008

https://twitter.com/PhilippeLagasse/status/1115688317452935168

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Roundup: Trying to make a garbage bill relevant

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Over the past couple of weeks, Conservative MP Michael Chong has been trying to make “Fetch” happen – or rather, trying to make his Reform Act relevant again, first by taking to the Twitter Machine to outline the process outlined in the Act for ousting a party leader (as though the Liberals were seriously considering dumping Justin Trudeau), and later to insist that it laid out a process for expelling MPs from caucus. The problem? Well, there are several, but the most immediate one is that the Act requires each party to vote at the beginning of each parliament whether they will adhere to the provisions or not – and lo, none of the parties voted to. Not even Chong’s. It was always a garbage bill – I wrote a stack of columns on that very point at the time it was being debated – and it made things worse for parties, not better, and ironically would have made it even harder to remove a party leader by setting a public high bar that the pressure created by a handful of vocal dissidents or resignations would have done on its own. It also has no enforcement mechanisms, which the Speaker confirmed when Erin Weir tried to complain that it wasn’t being adhered to. But why did this garbage bill pass? Because it gave MPs a warm feeling that they were doing something to “fix” Parliament (and in the context of doing something about the “dictatorial” style of Stephen Harper under the mistaken belief that his caucus was searching for some way to get rid of him, which was never the case).  It had so neutered it in order to be palatable enough to vote on that it was a sham bill at best, but really it did actual harm to the system, but Chong was stubborn in determining that it should pass in its bastardized form rather than abandoning it for the steaming hot garbage bill that it was.

And now, with Jody Wilson-Raybould and Jane Philpott’s ouster from caucus, Chong has been trying to make the rounds to claim that the move was illegal without a vote – err, except no party voted to adopt the provisions, which is pretty embarrassing. And yet he keeps trying to sell it to the public as though this were a done deal.

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QP: Assurances that the system works

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While the PM had initially promised to be in QP today, he cancelled earlier in the morning, leaving Andrew Scheer to square off against another front-bencher — likely Bardish Chagger. Scheer led off in French, mini-lectern on desk, and went through previous statements of the PM on the Double-Hyphen Affair and demanded the truth on the matter. Chagger reminded him that everything was in public and people could make up their own minds. Scheer tried again in English, and got the same response in English. Scheer read that nobody bought the prime minister’s line, and he read statements from the transcript of the Wilson-Raybould/Wernick call, to which Chagger reminded him the committee heard testimony in public. Pierre Paul-Hus took over in French to accuse the justice committee of being obstructionist, and Chagger reiterated that all of the facts were now public and the system was working. Paul-Hus listed the staffers who the committee hadn’t heard from, and Chagger repeated that everything was in public, and that the prime minister already took responsibility. Ruth Ellen Brosseau led off for the NDP, and read a defence of Wilson-Raybould’s decision to record the conversation with Wernick and turned it into a question about not standing up for women. Chagger calmly repeated that all of the facts were now public, and accused the NDP of playing politics. Brosseau then read a demand that the PM visit Grassy Narrows immediately, and Seamus O’Regan responded that they were moving ahead with building the health facility there. Charlie Angus then self-righteously demanded the PM personally call the chief of Grassy Narrows to apologise personally, and O’Regan said that he was going to meet the chief personally to ensure they would move ahead with the health centre. Angus then thundered sanctimoniously about the recorded call, and Chagger remarked that in their own caucus, they allow robust discussion.

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Roundup: Caucus drama and another vote-a-thon

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Yesterday was another non-stop day of shenanigans and ongoing fallout from the interminable Double-Hyphen Affair, so let’s walk through it. The day began with caucus meetings, and on the way into Liberal caucus, Justin Trudeau stated that he was satisfied that Jody Wilson-Raybould and Jane Philpott wanted to still work for the Liberal cause, so he would let them stay in caucus – though apparently Philpott got something of a rough ride from her fellow Liberals, according to various sources. Nearby, Andrew Scheer opened the door to the media for a speech about how terrible the budget was, except it was the same kind of jejune talking points that we’ve come to expect, such as how these deficits were terrible, unsustainable, and would lead to future tax increases – all of which are objectively untrue given that the deficit is actually small, sustainable, and with a declining debt-to-GDP ratio, will not require future tax increases. Because remember, a federal budget is nothing like a household budget, and people should be smacked for comparing them. Scheer also told some complete falsehoods about the deficit (detailed in this thread by Josh Wingrove), and it wouldn’t be his first lie of the day – his whole shtick during QP was another complete falsehood about parliamentary procedure.

Just before QP, there were more developments – Liberal MP Celina Caesar-Chavannes decided to quit caucus, and later cited that her tweet and subsequent interview about her tense meetings with the PM around her departure led to unintended consequences “for those she cares about,” and she felt it best to sit as an independent for the remainder of the session. Also, the CEO of SNC-Lavalin said that he never said that 9000 jobs were in danger – but if you also recall the testimony from committee, that seemed to stem from a memo from the department of finance, and there is also a hell of a lot of nuance to this figure of the 9000 jobs and what is at stake for SNC-Lavalin (thread here). And then not long after QP, the Conservatives started their vote-a-thon as a “protest” about the handling of the Double-Hyphen Affair, during which they again made the tactically inept decision to vote against all of them, opening themselves up to all manner of Liberal social media about all the good and necessary funding that they “threatened.” The Liberals, meanwhile, went into full drama queen mode and got cots put into the space behind the House of Commons so that MPs rotating off of votes can nap (which the Conservatives tried to mock in their own tweets). It’s all so very stupid.

In related news, Bill Morneau’s chief of staff, Ben Chin, denies he did anything wrong in talking to Jody Wilson-Raybould’s chief of staff at the time, saying there’s nothing wrong with staffers talking to staffers. Michael Chong is also trying to keep his hot garbage Reform Act in the news by saying that it would be illegal for Justin Trudeau to kick anyone out of caucus without a vote (though that doesn’t appear to be an issue any longer). Kady O’Malley’s Process Nerd column looks at how the procedural shenanigans could play out over the next few days.

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Roundup: Bernier still hanging on

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Apparently we’re going to talk about Maxime Bernier again, because of course we are. Yesterday’s developments included a couple of new Twitter missives, and Andrew Scheer finally, finally, held a press availability to discuss the situation, in which he basically said nothing. While not condemning Bernier’s remarks yet again (thus tacitly endorsing them), Scheer said that Bernier doesn’t speak for the party, that they value diversity, and no, he won’t talk about “caucus dynamics” when it comes to whether her plans to turf Bernier from the party. But that particular dynamic may be slightly more complicated.

There are a couple of reasons why Scheer is gun-shy when it comes to flexing his leadership muscles when it comes to Bernier’s constant stream of eruptions. One of them is that Bernier has a base within the party that Scheer can’t afford to alienate. Or at least that’s the theory – Éric Grenier teases out the numbers of Bernier’s support a bit more, and he’s not really a top fundraiser, nor may his base be as big as it’s made out to be. Part of this is because a number of supporters flocked to him in the leadership because he looked like a winner, and he got frontrunner momentum. Remember that many of these people also supported Kevin O’Leary, because he looked like a winner. So there’s that. There’s also the theory that because the Conservatives have bound themselves to Michael Chong’s greatly flawed Reform Act that the leader can’t expel a caucus member, that they must do it in a vote. That’s of course more of a theoretical consideration than a realistic one, given that the Act is largely a paper tiger – there is nothing binding in it, there is no enforcement, and it was so watered down in the process of passing it that it’s less than useless (and indeed is actively harmful to how leadership politics works in this country). Not to mention, Scheer has the option of threatening not to sign Bernier’s nomination papers for the next election (something the Reform Act promised to solve then didn’t), so it’s not like Scheer is without actual levers to push Bernier out if he so chose, even if he was bound by the useless Act.

Meanwhile, I will turn your attention to something else that Paul Wells noticed over the past few days when these tweets started.

https://twitter.com/InklessPW/status/1030207649168543744

https://twitter.com/InklessPW/status/1030214242023047169

https://twitter.com/InklessPW/status/1030215199809105920

https://twitter.com/InklessPW/status/1030247683389181952

https://twitter.com/InklessPW/status/1030230923885727744

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Roundup: Perverting the Westminster system

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Amidst the various detritus floating out there of post-Brexit thinkpieces, one could blink and miss a pair of posts the Andrew Potter made yesterday, but let me state that it would be a mistake to do so. The first post was a response to another trolling post from someone else who stated that a Brexit vote would never have happened in the American system because of all of its various checks and balances. Potter, however, doesn’t rise to the bait in quite the way you would think, and instead looks at the ways in which Responsible Government in the UK has gone wrong of late, which led to this situation. Things like the referendum itself not being a usual parliamentary instrument, or the fixed-parliaments legislation, and the ways in which party leadership contests have done away with the usual accountability mechanisms on the leaders that are being elected rather than selected. In other words, it’s the perversions of the Westminster system that have caused the problems at hand, not the system itself that is to blame as the original trolling post would otherwise indicate. And for those of you who’ve been following my writing for a while, this is a recurring theme with me too (which you’ll see expounded upon in my book when it’s released next year) – that it’s the constant attempts to tinker with the system that wind up being the problem because we’ve been forgetting how the system is actually supposed to operate. If we left the system alone and used it the way it’s intended, we wouldn’t have these kinds of problems creeping in, forcing people to demand yet more tinkering reforms.

The second post from Potter is a continuation from an aside in the first piece, but it’s worth a read nevertheless because it’s a quick look at ways in which the changes that America needs to its system go beyond simple electoral reform, but rather a change to a Westminster-style parliamentary system rather than its current morass that more resembles a pre-Responsible Government reflection of the “balanced constitution” model that the UK was experimenting with at the time. One imagines that it would mean turning their president into a more figurehead role than also having him or her be the head of government as well as head of state as the office is now (this is the part that Potter glosses over), but the rest of the points stand – that a confidence-based system instead of term limits would allow its heads of government to burn out in a third term rather than create independent power bases that are then used for dynastic purposes (witness both the Bush and Clinton dynasties), that problems with things like Supreme Court appointments would rectify themselves, and that it would force reforms to their party system that would largely prevent the kind of outsider demagogue problem that we saw in the current election cycle with Trump and Sanders. It’s certainly thought provoking, and a timely defence of our parliamentary institutions as they are supposed to function.

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QP: Endlessly repeating

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Thursday, and Trudeau was again not to be seen in the Commons, as he was off in Calgary meeting with industry stakeholders. Not that it’s not important, but he was only in QP one day this week, and that’s something more reminiscent of his predecessor than he promised to be. Rona Ambrose led off, script on mini-lectern, and read a question about the Port of Quebec. Marc Garneau agreed that it was significant, and said they we examining the request being made. Ambrose then raised her concern that Trudeau said that he wouldn’t promise to approve Energy East if the NEB approves it. Bill Morneau responded, chastising the former government for not being able to get resources to tidewater in ten years. Ambrose tried again, and got the same answer. Gérard Deltell was up next, asking about funding for the National Optics Institute, to which Navdeep Bains praised them and promised a timely response to their request. Deltell wondered again about funding, to which Bains listed the various sectors they were helping. Thomas Mulcair was up next, demanding action for residential school victims cut off from compensation by a loophole. Jody Raybould-Wilson assured him that she had instructed her officials to find a resolution. Mulcair turned to the TPP and the issue of drug costs, to which David Lametti assured him that they were undertaking consultations. Mulcair lamented the theoretical affects of the agreement on intellectual property, and Lametti reiterated his response. Mulcair again hammered on the signing of the TPP, and Lametti again reiterated the consultation process.

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QP: Digging in on the haymaking 

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The 100th anniversary of the great Centre Block fire meant that it was the wooden mace on the table today, to mark the destruction of the original mace. Justin Trudeau was absent, however, as he was in Edmonton to meet with Premier Notley there. Rona Ambrose led off, mini-lectern on desk yet again, and she read a question about Energy East, surprising no one. Bill Morneau answered, somewhat surprisingly, and he mentioned his meetings in Alberta recently, promising a new approach. Ambrose noted the resolutions of support passed in Saskatchewan, to which Morneau mentioned the meetings Trudeau was having with the Alberta premier. Ambrose gave an overwrought plea for jobs for people who are suffering, and Morneau insisted they were helping get social licence for groups who want to get resources to tidewater. Steven Blaney was up next, asking about job losses in French, and Morneau assured him that they are working together with affected provinces. Blaney accused the Liberals of abandoning workers, bringing in shipyards, to which Judy Foote assured him that they remain committed to the national shipbuilding strategy. Thomas Mulcair was up next, noting his visit to La Loche, Saskatchewan, and demanded funding for Aboriginal languages. Carolyn Bennett noted the importance of the visit, and she vowed to get those languages into schools. Mulcair moved onto the TPP and raised the opposition of Bernie Sanders and Hillary Clinton to the deal. Lawrence MacAulay noted that the signing was just a technical step that allows greater debate. Mulcair switched to French to ask again, and this time David Lametti responded in kind with much the same answer as MacAulay. For his last question, Mulcair demanded immediate changes to the EI programme, for which MaryAnn Mihychuk assured him that changes were coming.

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