QP: The menace of millionaires

Despite it being Thursday, there were no leaders present in the Commons today (save Elizabeth May), Justin Trudeau at an Amazon fulfilment centre opening in the GTA, and the others, well, elsewhere. Denis Lebel led off for the opposition, decrying the government not respecting provincial jurisdiction regarding healthcare, and Jane Philpott immediately hit back that the previous government didn’t much care for the file and they were making investments. Lebel asked again in English, and Philpott noted that previous investments did not transform the system as was necessary, which they were engaged in. Lebel then moved onto that Bill Morneau fundraiser in Halifax, and Bardish Chagger stood to take that bullet, assuring him that all rules were obeyed. Candice Bergen took over, decrying the appointment to the Port Authority one of the attendees. Chagger repeated her answer in English, and Bergen took her through one more round of the same. Murray Rankin led off for the NDP, his first time as their new House Leader, and he carried on the same line of questioning. Chagger’s answer didn’t change, leaving it for Brigitte Sansoucy to ask again in French, no avail. Sansoucy moved onto the investments in mental health, to which Philpott insisted that this was not a political issue but one of a responsibility to Canadians and ensuring that the investments translated in better access to care. Rankin asked the same again in English, and Philpott responded with an edge in her tone, assuring him that she does not play politics with mental health.

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Roundup: About those revocations…

Everyone has been making a big deal about citizenship revocation lately, particularly post-Maryam Monsef birthplace revelation, but as it turns out, the situation is not as black-and-white as presented, particularly in some media depictions like this one from CBC. So the former chief of staff for the department sent out a tweet-storm of context and correction that is worth reading, and shows why it’s wrong to conflate that issue with the other revocations that are taking place. This is also interesting context to add to the questions that John McCallum faced in Senate QP last week where he stated that he’d look into a moratorium on these revocations that are happening without much in the way of due process or an appeal mechanism, but it does shape the issue in a different fashion, so again, it does give pause as to what the moratorium being demanded is really asking for. It’s something to keep an eye on, but for now, here’s that boatload of context for consideration.

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QP: Carbon price or tax?

Rona Ambrose was still away, which left Denis Lebel to lead off again, where he wanted assurances that carbon pricing would not cost consumers more for the things they need. Justin Trudeau gave some of his usual assurances about economic growth while protecting the environment, but added that the pricing was revenue neutral for the federal government, so it was up to the provinces to determine how to reimburse their citizens. Lebel asked again in English, got the same answer — with a Trudeau slip in calling the price a “tax” which the Conservative benches were in uproar about, and then Lebel asked a third time, again in French, to get the same reply with some added chiding. Pierre Poilievre was up next with sob stories of people who can’t pay their power bills and get groceries (with some additional digs at the Ontario government), and Trudeau hit back at the way that the Conservatives were happy to give tax breaks and childcare cheques to millionaires, and then they went another round of the same. Thomas Mulcair was up next for the NDP, brandishing the name “Stephen Harper” as though it were a talisman with regards to emissions targets. Trudeau batted back the concerns, saying the NDP like to talk targets without any plans to achieve them. Mulcair wanted to know that they were working with Indigenous communities about GHG reductions, and Trudeau assured him that they were. Mulcair then raised “Stephen Harper’s cuts” to healthcare transfers, disingenuously calling a changed escalator a cut, to which Trudeau assured him that they were working with provinces to respond to the needs of Canadians, and they went another round of the same in French.

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Roundup: Accountability that never was

It feels like a while since I’ve had to go to bat for the existence of the Senate, so Robyn Urback’s column in the National Post yesterday was pretty much the bat-signal shining in the sky. To wit, Urback somewhat lazily trades on the established tropes of the Senate, and takes what was a joke on the part of Senator Nancy Ruth about airplane food (cold camembert and broken crackers was a joke, people! Senators are allowed to have a dry sense of humour, last I checked) to clutch her pearls about how terribly elitist and entitled our senators allegedly are (when really, the vast majority are very much not).

Urback’s big complaint however is that despite Justin Trudeau’s promises of change to the institution, giving it more independence is apparently all a sham. There are a few problems with this hypothesis, however, and most can pretty much be chalked up to the run-of-the-mill ignorance of the institution, its history, and its proper function in our parliamentary system. Her complaints that the rules that allowed Senator Mike Duffy to claim all of those expenses is wrong, because rules have tightened since, and the fact that he can still claim for his Ottawa residence is the reality that comes with what we are asking of Senators. The problem with Duffy is that he never should have been appointed as a senator for PEI, and he was shameless enough to claim the expenses for his Ottawa residence without actually making a legitimate point of having an actual full-time residence on the island and a small condo or apartment in Ottawa for when the Senate was in session. Complaints that the Senate Liberals are simply declared to be independents while still remaining partisans ignores the substance of how they have behaved in the time since Trudeau made the declaration, and the fact that they have been kicking the government just as hard, if not harder, than the Conservatives in the Senate since Trudeau came to power. This is not an insignificant thing. But then there is Urback’s ultimate complaint, revolving around a canard about who senators are accountable to.

https://twitter.com/scott_gilmore/status/778683110376431618

The Senate was never made to be accountable to parties or party leaders. The whole point of the institution, and the very reason it was constructed with the institutional independence that it has (non-renewable appointments to age 75 with extremely difficult conditions for removal) is so that the Senate can act on a check for a prime minister with a majority government, and they have numerous times since confederation. It needs to have the ability to tell truth to power without fear of reprisal, and that includes the power to kill bad bills – because they do get through the Commons more often than you’d like to think. They have never been accountable to a party or leader, and that’s a good thing. Sure, they can act in lockstep with a party out of sentimentality (or ignorance, if you look at the batches appointed post-2008), but this was never a formal check on their powers, nor should it be. If Urback or anyone else can tell me how you get an effective check on a majority prime minister any other way, I’m all ears, but the chamber has a purpose in the way it was constructed. Getting the vapours over a more formal independence is ignorant of the 149 years of history of the chamber and its operations.

Where Urback does have a point is in noting that the independent appointments board made their recommendations on the short-list without having conducted any interviews or face-to-face meetings. That is a problem that undermines the whole point of the appointment process, because it leaves the final vetting up to the PMO. One hopes that this will be corrected in the new permanent process that is being undertaken now, but there are still worrying signs about how that is being conducted. Self-nominations and people getting letters of recommendation seems like a poor way to get quality people who aren’t driven by ego and status, and we can hope that this isn’t all they’re replying on.

https://twitter.com/inklesspw/status/778418872185675776

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QP: Pawns on a chessboard

While Trudeau and a good number of ministers remained at the UN General Assembly, things carried on back in Ottawa. Rona Ambrose led off, reiterating her line from yesterday about our troops not being pawns on the political chessboard of getting a UN Security Council seat. Harjit Sajjan reminded her that nothing was decided about where they would be deployed and they were still gathering information, and then patted himself on the back for how transparent they were being about it all. Ambrose asked a pair of questions about why there was a sudden change of heart on an extradition treaty with China while they still have the dealt penalty, Sajjan said that they were pushing China on that issue. Ambrose then changed topics to the planned CPP increase, and Bill Morneau said that they still planned on keeping TFSAs and that the rate would increase with the Consumer Price Index, and then they went one more round in French. Thomas Mulcair concerned trolled about the Liberals still using Stephen Harper’s GHG targets, and Jim Carr said that they were planning to increase the targets as they went along. Mulcair went another round in French, and Carr reminded him of the pan-Canadian targets being negotiated. Hélène Laverdière asked if the government would repeal the ministerial directive that allows information obtained by torture to be used. Ralph Goodale didn’t make a firm commitment, only noted that they were giving the whole national security apparatus a thorough review and that legislation on a parliamentary oversight body was before the House. Laverdière then returned to the issue of the extradition treaty with China, but got much the same response from Sajjan that he gave before.

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Roundup: Don’t take conventions to court

A group of East Coast lawyers has decided to launch a court challenge about the possibility that the government might appoint a new Supreme Court justice that is not from Atlantic Canada, and my head is already hitting the desk because while you can conceivably argue that the regional composition of the court may very well be a constitutional convention, by that very same argument, a constitutional convention is non-justiciable, so you can’t actually take it to court.

https://twitter.com/emmmacfarlane/status/777960468979785729

https://twitter.com/emmmacfarlane/status/777960878251581441

So, to recap, until an appointment is actually made, the whole quixotic venture is premature. Constitutional conventions are politically enforceable but not legally, in part because we don’t actually want people to constantly take the government to court when they lose at politics (which already happens too much – and it’s almost as bad as writing to the Queen when you lose at politics). There was a court case not too long ago when Democracy Watch took the government to court because Stephen Harper went to the Governor General to call an early election despite the (useless) fixed-election date legislation having been enacted, and the courts dismissed it because prerogative powers are constitutional conventions (and while unwritten, are nevertheless still part of our constitutional framework).

And don’t get me wrong – I do think there is a very good case that the regional composition is a constitutional convention because it reflects the federalist principle that is necessary to give its decisions the political legitimacy necessary to be the arbiter of jurisdictional disputes in this country, and that is a pretty big consideration. But the courts are probably not the best place to solve this issue. Having the Atlantic premiers write the Justice Minister to warn her about breaching the convention is probably a better course of action, as would having backbench Liberal MPs from the region expressing their displeasure (though, for all we know, they may already be doing so behind closed doors in the caucus room). And a public campaign that lays out this argument (as opposed to just one centred around it being unfair or about maligning the political correctness of trying to find a new justice that better reflects certain diversity characteristics) wouldn’t hurt either. But this group of lawyers should know better than to try and make a non-justiciable issue justiciable.

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Roundup: Ignoring accountability, again

Samara Canada, the country’s civic engagement organisation, put out a report over the weekend about electoral reform and what the various kinds of systems looked like. And it’s a decent enough report on its own, but what struck me was the fact that yet again, we get a report on electoral systems that ignores the biggest single point of discussion with any electoral system – accountability. While I tweeted this concern, the report author responded thusly:

While the fact that two systems have a correlation between MPs and ridings, it doesn’t spell out the fact there are accountability mechanism, particularly around both nomination processes and in being able to punish an MP at the ballot box if necessary. Why this needs to be spelled out is because with Proportional Representation systems that have lists, the ability for voters to determine who is on that list is a big issue. Is it a slate? Then do you not vote for the slate for one or two bad names on that list? Is it an open list? How does that complicate the ballot process, particularly if you want to punish a bad MP? There is mention paid in the report to parties who want to put more women and visible minorities on their lists as a selling feature, but nothing about where those lists become problems when it comes to holding that party to account, or those MPs when it comes to re-election.

Similarly, one party government does not tell us anything about how we hold a government to account at election time, nor does it spell out the problems with holding governments to account when they are part of a coalition. The ability to punish a government at the ballot box is a feature of our current system, and this needs to be stated as such. Conversely, the fact that in many countries that use PR systems and have coalition governments, central parties can stay in power for decades by simply shuffling their coalition partners around periodically. This is not holding them to account, nor is it actually healthy for democracy if parties stay in power in perpetuity. They actually need to be out of power from time to time in order to refresh themselves, but this is not mentioned anywhere.

While I appreciate that the author had limited space to work in, accountability is a concept that needs to be stated explicitly and discussed in open terms rather than in vague mentions like he did here. As with the whole electoral reform committee process we’ve seen, so much attention is paid to fetishizing the ballot without actually ever mentioning accountability that it’s only having half the discussion. Accountability matters. Being able to punish at the ballot box is just as important – if not more so – than electing someone. Being able to throw the bums out is one of the biggest single features of our current system, and yet that gets mentioned almost nowhere over the course of these discussions. It’s ridiculous and wrong, and we need to talk about it openly and frankly if we’re to have a true and proper discussion about what’s at stake.

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Roundup: Patterns on the witness list

The electoral reform committee returns next week, and so far I see a lot of proponents of proportional representation on the witness list, not that this surprises me in any way, as well as an academic proponent of a referendum on electoral reform – also not a surprise. So look forward to plenty of glowing recommendations about how electoral reform will solve all of our political ills.

In the meantime, if you’re looking for some background reading the Library of Parliament has some updated publications in store – one on the history and evolution of our electoral laws, and another that provides an overview of our current electoral system and those employed elsewhere. That one I found particularly lacking, especially in the language it used to describe the current First-Past-the-Post system, adopting wholesale the arguments about “disproportionate” seat counts (logical fallacy), the supposed advantages of “regional parties” or “regional strongholds” with no discussion of brokerage parties, and buying into the arguments about voter turnout without being critical about them (this is a broad problem across all western democracies no matter the electoral system). The rest was an overview of other electoral systems, examples of their use in other countries, the history of electoral reform initiatives in Canada, and some adjacent issues like mandatory voting, online voting (with zero mention about the concerns of the secrecy of the ballot), and lowering the voting age.

What was missing from this tepid report was any discussion on the impact of these electoral systems, such as government formation or accountability, which boggles my mind. It’s literally taking a piece of a complex ecosystem and treating it in isolation with no regard for how it will affect all other aspects of it, which is a huge part of the electoral reform discussion. What kind of government you get after you vote in that system is kind of a big deal. And even bigger deal is how you get rid of that government in a subsequent election, which is not easy to do in most systems other than FPTP because the tendency is for a big central party to just shuffle around their coalition partners, and that can be an even bigger headache, delivering policies that only a tiny fraction of the population voted for. You’d think this would be relevant to an examination of electoral reform proposals, but apparently not according to the analysts at the Library. You’ll excuse me if my faith in this government’s process has just sunk even lower.

(Hat tip to blog reader PierreB for pointing these reports out)

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Roundup: Beware blinkered history

There is always a danger in trying to look for lessons from history when you do so selectively. This is the case with a column by William Watson in today’s Ottawa Citizen. Watson – an economics professor at McGill and not a parliamentary observer, it should be noted – dug through the 1917 Hansard to look over the debates on bringing in income tax (remember, this was the “temporary” wartime measure that was introduced and then eventually became a permanent thing), and discovered that lo, the debate was so much more serious then and nothing like things are today, ergo Parliament was better in 1917 than it is today.

And then I bashed my head against my desk for a while.

This is what happens when you take a look at a narrow slice of history without actually looking at the broader context or picture. It’s easy to take a single debate and declare a golden age because hey, the government of the day was giving complex answers to complex questions, but that’s not to say that there weren’t antics that took place. Remember that this was not far removed from the days when MPs would light firecrackers and play musical instruments to disrupt the other side during debate. Hell, I was speaking to a reporter who was in the Gallery during WWII, and she said that there was far less professionalism in those days, and MPs who got bored would often break into song during debate. This was also the era before TV, before the proceedings were recorded in audio or video and able to be checked, so we don’t know what the transcriptionists missed. It was also an era where I’m sure that time limits for questions and answers were looser than they are now, and where MPs weren’t playing up for the cameras. Does that make it better? Maybe, maybe not. Parliament was also composed entirely of white men, mostly of a professional background – does that make things any better? You tell me. Parliament had very different responsibilities in those days as well, and government was much, much smaller. Patronage ruled the day, and government was more involved in direct hires of the civil service rather than it being arm’s length. Is this something we want to go back to? Watson kind of shrugs this important distinction off because they had more meaningful exchanges about income tax.

Declaring simply that Parliament was composed of “intelligent, informed adults” in 1917, and the implication that it is not so today, is a grossly blinkered view of history and of civics. I will be the first to tell you that the state of debate today is pretty abysmal when it mostly consists of people reading statements into the record, talking past one another, but that doesn’t mean that MPs aren’t intelligent or informed. Frankly, it seems like Watson is longing for the days of the old boys’ club if you read some of his nostalgic commentary. I’m not sure that’s proof that things were better then, and it certainly should be a caution about taking a blinkered view of history.

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Roundup: Use your Australian comparisons wisely

If it’s not the leadership omnishambles in the UK that’s holding our attention, it’s the indecisive election result in Australia. While that would be something in and of itself, we find ourselves with pundits eager to take some lessons from Australia, only to completely balls things up along the way. To wit, Kelly McParland writing in the National Post delivered this hot mess yesterday which manages to conflate every possible thing in Australian politics in order to prove a point – not necessarily a bad point – but went about it in entirely the wrong way. So, for Mr. McParland’s edification, let’s break it down a little.

First of all, the “six prime ministers in six years” has virtually nothing to do with the ranked ballots in Australia. The system of caucus selection of leaders there (which is how leaders should be chosen, as I’ve argued elsewhere numerous times) has gone to extremes, creating a culture of paranoia and betrayal. But that’s not the fault of the ranked ballots since it’s a different process. That parties will spill leaders shortly before an election in the hopes of having a more appealing leader is party politics enabled by the ability to have spills, rather than the ranked ballot effect. Conflating them is not helpful.

The ranked ballots themselves allow for more small parties to exist independent of “big tent” brokerage parties because ranked ballots discourage tactical voting – something McParland neglects to mention while returning to the Canadian canard that the Liberals only want ranked ballots because they think they’ll clean up by getting everyone’s second place votes. That has led to the need for the Australian Liberals (read: conservatives) to require a coalition partner to govern, which is a consideration to make if we want ranked ballots, but it is a giant conflation to mix this in with the stability of their system and leadership woes.

The problem of the Australian Senate is the bigger nub of the argument, but which gets lost in the rest of the McParland’s confusing mess. The Australian Senate is chosen by single-transferable proportional voting, and the system has been effectively gamed in the previous election so that a bunch of marginal players got seats and subsequently created a huge problem in their upper chamber, requiring more tinkering of the system to be forced through and the Prime Minister calling for double-dissolution (so that both chambers be elected at the same time – a rare occurrence usually reserved for political crises) in order to break the legislative deadlocks. Those tweaks appear to be causing even more problems with this election, but we may see how it all shakes out in a few weeks. (Note that these ballots tend to be the size of placemats, because of the way they’re structured with the enormous number of parties running). And while the problems with these marginal parties being given outsized powers of persuasion in the previous parliament are very valid points to make, it gets lost in the sea of conflations that plagued the rest of the piece.

So I get McParland’s point about electoral reform advocates needing to be careful what they wish for, and can even agree with it to a large extent, this was utterly the wrong way to go about it.

Meanwhile, here’s a primer about Australia’s lengthy counting process – so lengthy that their Senate preferential distribution process could take over a month. Closer to home, here are some of the ways in which the electoral reform committee plans to engage with Canadians.

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