Tag Archives: Statistics Canada

Roundup: A painful lesson in committee cooperation

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News broke yesterday morning that rogue Liberal backbencher Nate Erskine-Smith had been reassigned from the public safety committee by the party whip, and immediately everyone was all “uh oh, this is totally because he spoke out against his party.” Yes, Erskine-Smith has been making all kinds of waves, talking about his disagreement with the approval of the Kinder Morgan pipeline, advocating for the decriminalisation of all illegal drugs to treat them as a public health as opposed to a criminal law issue, and most recently, prostrating himself before his electorate to decry his government’s decision to abandon electoral reform (and using the curious tactic of using language that both undermines his government’s legitimacy and advocates for a system that undermines the very agency he has as an MP to stand apart from his party, but whatever).

Of course, it also appears that none of those commenters from the peanut gallery actually bothered to read the story about why Erskine-Smith was yanked from the committee, and it had little to do with his outspokenness than the fact that he was overly naïve as a newbie MP if trying to make parliament a nicer place. In this case, he wanted to operate by consensus on the committee and tried to get the other parties onside for amending the bill on establishing a national security committee of parliamentarians. The problem was that in the process, he was manipulated by Tony Clement into deleting some of his government’s own provisions because, you know, consensus and working together! So yeah, painful lesson, and maybe he’ll learn to be a little less trusting the next time. I get that you want parliament to be a nicer place and politics to be done better, but if you’re not careful, your opponents will (metaphorically) shiv you because they have their own goals, and they don’t necessarily want to buy into your platform. And let’s not forget that the competition of ideas is part of what keeps our system vital and accountable.

Of course, the fact that the whip could take this step has the usual suspects up in arms about how too much power is in the hands of the leader (by way of the whip), and the standard calls about reforming committees were trotted out. The Liberal Party’s promises on committee reform – more resources, electing chairs by secret ballot, and ensuring parliamentary secretaries are no longer voting members – were pretty much accomplished, but Conservative leadership candidate Michael Chong has his own reform ideas (try to look surprised), but reading them over, I have doubts. In particular, his plan to take away the power to assign MPs to committees and replacing it with a secret ballot process is dubious, in particular because a) I can’t imagine trying to count those ballots, b) it won’t solve the problems of MPs all trying to get onto the “sexier” committees while leaving some of the less exciting ones to be scrounging for members, c) critics – which the leader assigns – are on those committees, so for a party like the NDP, the secret balloting process would be useless, and d) this is a typical Chong suggestion of a solution in search of a problem. MPs like to bitch and moan about being assigned to committees they don’t like, but rarely actually ask for committee assignments, nor do they seem to have an appreciation that sometimes the party has to spread out their talent to places where it’s needed as opposed to where MPs want to go.

I’m also not keen on Chong’s plan to merge five committees to bring down the total number because there’s no actual need. We have 338 MPs and we don’t have a super-sized cabinet with a bloated parliamentary secretary brigade to match it, and in the previous parliament, they already reduced committees from 12 to 10 members apiece. There are enough MPs to go around, and merging the mandates of committees overloads them rather than letting them undertake studies of their own accord, which they should be doing. There’s no real crisis of overloading MPs with work right now (which was not always the case), so this particular suggestion seems gratuitous.

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Roundup: Modernization beyond cameras

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The Senate’s modernization committee came out with their first report yesterday that had 21 recommendations, almost all of which were fairly common-sense, but wouldn’t you know it, the only one that most media outlets glommed onto was the one about broadcasting Senate proceedings, never mind that it was pretty much always the plan to do so once they moved to the new chamber in 2018 (as it was too expensive in the current one given the maxed out infrastructure). Other recommendations that caught the mainstream attention were developing a mechanism to split up omnibus bills, giving a more proportional role for non-aligned senators on committees and coming up with a modified way of selecting the Senate Speaker (in a rubric that doesn’t require constitutional amendment) were also up there, while Kady also clocked the recommendation on ensuring that they recognise any group over nine senators that wants to organise themselves as a caucus or parliamentary group that can choose its own leader, and that those groups can have access to sufficient research dollars.

Less publicised were the number one recommendation of a mission statement for the Chamber to guide its activities in the Westminster tradition, finding ways to reorganise its Order Paper and Senate Question Period to not only formalise inviting ministers but also Officers of Parliament (but I’m less keen on reducing it to two days per week to give the “Government Representative” a break – if he wants the salary, he should keep up with the workload). The Independent Working Group says they’re mostly happy with these changes, but want more assurances of representation on key committees like Senate Rules and Internal Economy, where they need to have the actual power to break up the duopoly that currently exists between the established parties, which is fair.

What the report does not say is that parties should be eliminated, and in fact goes out to specifically say that the institution functions within the Westminster model, which includes government and opposition roles, and nothing in that report is intended to assume or advocate for the elimination of those roles, and that’s important. Opposition is important for the practice of accountability, and that’s something the Senate is very good at providing. There will be more reports and recommendations to come, and I’ll have more to say in the coming days, but I’m heartened to see that there is a commitment to preserving these key features, rather than to blow them up in the continued kneejerk allergy to partisanship that currently grips the imagination of would-be Senate reformers.

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Roundup: Accountability that never was

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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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Roundup: Don’t take conventions to court

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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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QP: Back in the saddle

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Everyone’s back, and raring to go, and how I’ve missed them all! Well, okay, not everyone’s back — the PM and several of his ministers are off at the UN General Assembly (where Canada’s Back™), but these things happen.

Rona Ambrose led off, mini-lectern on desk, decrying tax increases along with a potential carbon tax and CPP increases. Bill Morneau stood up to lament the challenges facing Canadians, and noted the reduction in middle-class taxes and the Canadian Child Benefit. Ambrose gave the doom statistics, and Morneau reminded her that investments and not austerity were geared toward future growth. Ambrose changed tactics and sounded the alarm about a peacekeeping mission in sun-Saharan Africa. Harjit Sajjan reminded her that it was dangerous, and that was why he was doing the necessary homework beforehand. Ambrose worried that troops were being used as pawns on a political chessboard in a bid for a UN seat. Sajjan reminded her that it was not just about troops, but a whole-of-government approach to peace operations and stability. Ambrose switched to French to demand a debate and vote on a deployment. Sajjan said they welcomed a healthy debate, but did not commit to a vote (as is proper). Thomas Mulcair was up next, decrying the “cuts” (read: changed escalator) to health transfers. Jane Philpott said she was talking with the provinces, but didn’t commit to restoring the old escalator. Mulcair asked again in English, got the same answer, and then Mulcair demanded that the government vote in favour of nuclear disarmament at the UN this week. Sajjan said that the best way was a pragmatic step-by-step approach. Mulcair demanded GHG reduction targets, and Catherine McKenna said that they were being transparent in their approach.

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Roundup: Productivity has context

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Parliament resumes today, and it’s going to be the start of a heavy legislative agenda, as the government’s months of consultations start wrapping up and decisions get to start being made. And if you needed a reminder about everything on everyone’s plates, here’s a handy piece about the priorities and challenges for the three main parties this autumn, and Kady O’Malley’s list here too. That said, a Huffington Post article was circulating over the weekend that set my teeth on edge, “proving” that the spring session was the least-productive in decades.

Why this is a problematic measure is that it’s focusing solely on the number of bills passed over those ten months (really, only about five of which was when Parliament was sitting). It’s a purely quantitative analysis that says absolutely nothing about the context of what happened, or about the bigger picture of what the government accomplished. And really, I will be the first person to say that the decision to pull the plug on the Friday they did was about forcing the Senate to pass the assisted dying bill, when they were actually scheduled to sit for a couple of more days, during which time they could have passed two more bills that were ready to go, but they didn’t, and that does deserve mention, but that’s not in there at all. What we get are Conservatives cherry-picking trips and “photo ops” – because who needs multilateral engagement, am I right? – rather than on some of the additional hurdles that the session faced. One of the biggest hurdles was around that assisted dying bill, and the fact that the opposition parties demanded far more hours of debate at second reading than the bill deserved (remember, second reading is about the principle of the bill, not the specifics), and they got huffy when the government tried to push those additional (useless) hours of debate into late nights to keep the agenda going, and when they tried to bring in a procedural hammer to move bills through, the Opposition blew their tops and we wound up with The Elbowing and the subsequent fallout from that. Let me remind you that the Conservatives fully participated in the days of psychodrama that followed, and now they have the gall to say that the government didn’t get enough done? Seriously? They were equal participants in determining the Commons’ schedule of what took place (especially the demands for more second reading debate on that assisted dying bill), and I shouldn’t have to remind anyone that when they were in government, they sat on that bill and didn’t move it despite its deadline. So yes, I find this whole accusation to be the height of cheek, and the analysis should have included far more context around the events of the spring.

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Roundup: Precious conformity

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Conservative MP Garnett Genuis penned an analysis piece for Policy Options that tried to explain why MPs vote in lockstep, and it’s just so precious you can barely stand it. Genuis dismisses the talk of heavy-handed PMO and whips offices, and after some lengthy discussion, concludes that it’s the human nature of conformity that’s at play. His mode of analysis was the voting record on C-14, the highly contentious medical assistance in dying bill.

It’s not that Genuis doesn’t have some good – if somewhat infuriating points – in the piece, talking about how MPs are so busy with their constituency work that they just don’t have the time to sit down and study the legislation that they were elected to be considering. That one nearly made me blow a gasket, considering that constituency work isn’t actually part of an MP’s job description and its growing importance has come at the expense of their actual jobs of holding government to account. That Genuis uses it as an excuse for having MPs let the “experts” in their leaders’ offices tell them how to vote is utterly galling. I can see why they would use this excuse, but that doesn’t mean that it’s a good one or one that we should let them get away with (but then again, almost nobody knows what an MP’s actual job description is, least of all the MPs themselves, and yes, that is a Very Big Problem. His better points, however, included that sometimes it’s good for local nominations to see that an MP will be willing to break ranks from time to time, but it’s a mixed bag when they also need to be seen to have a united front with the party. It is a tension that he doesn’t delve deeply enough into.

But so much of his thinking is flawed, in part because he relies on the data of votes on a single contentious bill rather than a broader sample, which would produce a more thoughtful discussion, and also because he ignores the other incentives for why MPs will vote in lock-step. For some parties, like the NDP, the need for solidarity in all things means a much more conformist voting pattern in all things, and there is an internal culture of bullying to keep MPs in line so as not to be unseemly with dissent. With government backbenchers, there is the hope that toeing the line enough will earn you a post in cabinet or as a parliamentary secretary, because the ratio of cabinet-to-backbench seats is still too low in Canada to encourage a culture of more independent backbenchers in safer seats willing to do their job of holding government to account. There is also the pressure – which We The Media shamefully perpetuate – that you don’t want to be seen as breaking ranks lest it reflect poorly on the leader (though this seems to be a bit less so under Trudeau who has been vocal about encouraging more free votes). There is no discussion about the blackmail of a leader that can withhold their signature from an MP’s nomination papers during the next election (or whatever the mechanism is post-Reform Act, because there is no actual clarity in law there any longer). So yes, while there is a human tendency to conformity, it is informed by a whole lot of other factors that Genuis ignores, and that taints his analysis to a pretty fatal degree.

https://twitter.com/emmmacfarlane/status/776734642225475584

https://twitter.com/e_tolley/status/776768733922471937

https://twitter.com/e_tolley/status/776769078878883841

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Roundup: “Hot lesbian” pinkwashing

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By now, you’ve probably heard about that ostensibly pro-oilsands ad that proclaimed that lesbians are hot, and it’s better to use oil from Canada, where they’re considered hot, than from Saudi Arabia, where they would be executed, and it being accompanied by an image taken from Orange is the New Black. And his apology and attempts to walk back from how particularly boneheaded the whole idea was to begin with. (Seriously, his sputtering about what he considers to be “hot” is both hilarious and sad at the same time). As well, the fact that he didn’t use two men to make the same point is entirely because he was conscious that the same message wouldn’t have the same effect on his target audience (because let’s face it, the idea of guys kissing isn’t as titillating to the general public as the idea of two women). What hasn’t been really explored in all of this, however, is this increasing tendency toward pinkwashing, particularly from the political right, as an excuse for xenophobia.

If you’re not familiar with the term pinkwashing, it’s generally used to show how some modicum of LGBT rights is a contrast to the death sentence that can be associated with homosexuality in certain parts of the world, usually as a way of deflecting attention from other problems. A famous example is the way that Israel uses Tel Aviv Pride to deflect criticism of their other human rights problems, and there was a tonne of pinkwashing done in the wake of the Pulse nightclub shooting in Orlando as a pretext to condemning so-called Islamist terrorism (never mind that the same people spouting this pinkwashing ignore their own homophobic records. Who cares if we want to take away their civil rights – we don’t want to execute them, is generally how the argument goes, as though that’s really the choice that the LGBT community wants to be faced with). And this lesbian ad isn’t even the first time that this argument has been used – the Erza Levant brainchild Ethical Oil tried similar arguments a couple of years ago to little avail.

Suffice to say, while the mainstream media did jump all over these ridiculous lesbian ads, the criticisms tended to focus on the surface images of photogenic actresses and the fact that it ignores that there are still problems in this country where the GBLT community is concerned, the fact that there was no discussion about pinkwashing was disappointing, because this increasing tendency (particularly from the alt-right and Trump supporters) to use the queer community as some kind of shield to justify their xenophobia is tiresome and needs to be called out for what it is. These ads provided a good opportunity to do so, but that opportunity was largely squandered.

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Roundup: Committing to change – for real!

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A rare bit of public damage control was on display yesterday as CBC obtained a copy of the orders that the Chief of Defence Staff put out two months ago, which told the nascent task force being assembled to deal with the forthcoming report by former Justice Marie Deschamps on sexual assault and harassment in the Forces, to basically set aside some of the coming recommendations. At this point in the timeline, General Lawson would have seen a draft copy of Deschamps’ report, and he would have had a good idea what was in it for recommendations. Within hours of the CBC report going public, Lawson put out a lengthy press release stating that the Forces would act on all ten recommendations, including the creation of an independent centre for reporting assault or harassment. A few minutes later in Question Period, Jason Kenney also said that all ten recommendations would be acted upon as well. It does make one wonder when any change in these orders occurred, and why Lawson changed his mind – though one can imagine that either the final wording of Deschamps’ report, and how it was received by both the government and the general public, may have forced a realisation that there was a real appetite for cultural change out in the wider public, and that the old way of dealing with issues internally, particularly with its culture of misogyny, weren’t going to cut it any longer. Meanwhile, it should also be pointed out that the Canadian Forces appointed a female commander, Brigadier General Lise Bourgon, to head our forces in Iraq, and more women in high-profile commanding roles can only help in driving home the message that it’s not a macho boys’ club any longer.

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Roundup: Closure and privilege

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It was wholly depressing the way in which the whole matter was rushed through. After the imposition of closure – not time allocation but actual closure – the government rammed through their motion to put all Hill security under the auspices of the RCMP without any safeguards to protect parliamentary privilege. After all, the RCMP reports to the government, and Parliament is there to hold government to account and therefore has privileges to protect that – the ability to have their own security being a part of that. Liberal MP Mauril Bélanger tried to amend the government’s motion to make it explicit that the Speakers of both chambers were the ultimate authorities, and the government said good idea – and then voted against it. And so it got pushed through, privilege be damned, with minimal debate and no committee study or expert testimony. The Senate, however, is putting up more of a fight, and the Liberals in that chamber have raised the privilege issue, and the Speaker there thinks there is merit to their concerns, and has suspended debate until he can rule on it. And this Speaker, incidentally, is far more aware of the issues of privilege and the role of Parliament and the Senate than his Commons counterpart seems to be, and he could very well rule the proposal out of order. One hopes so, and once again it seems that our hopes rest on the Senate doing its job, because the Commons isn’t doing theirs.

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