Tag Archives: Supreme Court

Roundup: The casework distraction

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Conservative immigration critic Michelle Rempel has sounded the alarm that the Liberals sound like they are about to cut off the special access for MPs’ offices to inquire about immigration files in favour of the directing their inquiries to the Ministerial Inquiry Division. Rempel’s concern is that this makes it harder for MPs to deal with immigration files on behalf of constituents – casework, as it is known. The department has thus far said there is no change, but in the event that there is, I’m actually not sure that this is such a bad idea. Why? Because, quite simply, this isn’t work that MPs should be doing. They shouldn’t be service providers on behalf of the public service, and I’ve heard from some staffers that the department won’t even start looking at files until the MP’s office forwards it to them, which is both appalling and a red flag that the system isn’t working the way it should be. An MP’s job is to hold the government to account, and to do so by controlling the public purse. Their staff should be focused on this work, and helping them with legislation as it happens. The expansion of the civil service, however, has prompted the development of MPs into ombudspersons for civil service interactions, which starts getting uncomfortable because it takes away from their actual roles. The fact that you have MPs who wind up dedicating staff to dealing entirely with immigration casework is quite simply wrong, and indicative of a system not working. Making immigration casework reliant upon MPs offices – no matter how non-partisan the work is – is a half-step away from a corrupt system where who you know is the determining factor for whether your files get looked at or not. It’s a civil service job to process files – not an MP’s job. If the Liberals are trying to clamp down on this abuse of process and focus on getting the department to do their jobs, while MPs to do theirs, I don’t actually see the problem with that. It’s how things should work, and if they’re trying to right that particular ship, then all the power to them. MPs should be focusing on their actual work, which let’s face it – most of them don’t, because they don’t actually know what their job is (see: crisis of civic literacy in this country). If the government of the day takes away from their distractions (work that they actually shouldn’t be doing), then maybe we can hope that it’ll help steer their attention back toward the work they should be. But maybe I’m being a wildly optimistic dreamer again.

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Roundup: Minimizing blame

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The NDP’s election debrief has been released just days before their big policy convention, in which Thomas Mulcair will need to convince delegates there to let him stay on the job. Little of what was in the report was new, other than name-checking all of the various internal bodies, committees and commissions who were consulted and who have work ahead of them. There were a couple of things that did stand out for me, however. The big one was about communication:

There were many frustrations shared about our internal communications during the campaign. Members, particularly local campaign managers, felt that the reporting from the ground had no effect on the strategic decision-making happening in the central campaign. What was being felt door-to-door was not being communicated, being miscommunicated, or went unheard. Members feel this impeded the ability of the central campaign to shift strategy when necessary.

The party has centralised a whole lot since 2011, and that was certainly reflected. That said, with everyone in the report saying that their local campaigns went great, it does smack a little bit of buck-passing to the central campaign. There were a few other points raised, such as the lack of a Quebec-specific offer, that they were not nimble enough in reacting to attacks from other parties, and that they didn’t adequately prepare for the niqab debate (but everyone was proud of their principled position, which confuses me a bit since the position wound up being that this was a court decision rather than the fact that we don’t tell women what to war in Canada). Glaringly absent in the report was the share of blame placed on Mulcair. In fact, he was barely mentioned at all. This was the closest it got:

We heard disappointment from members who felt that decisions about the strategy employed in the debates led to a situation in which our leader’s full capabilities — as demonstrated in the House of Commons over the previous years — were not on display. Across the country, we heard that our party activists did not understand why we refused to participate in some national debates.

While he wrote the big mea culpa letter taking responsibility, that’s not reflected in their actual debrief, which makes me a bit suspicious. And let’s face it – he had a big part in that, from his demeanour, to his inept slogan of “good, competent public administration,” to his poor debate performance, to the fact that his lack of the same kind of charisma that Trudeau exhibited did weigh in on people’s decisions. I’m left to wonder if the fact that they didn’t include criticisms of his performance in the report because it goes against the party’s solidarity mindset, or if it’s a kind of whitewashing of the record in advance of the leadership review vote. Suffice to say, it doesn’t make the report feel as forthcoming as it could or should be.

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Roundup: A surprisingly packed budget

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And that was the budget. It was full of interesting things, but you wouldn’t know it based on the fact that absolutely everybody was fixated on the deficit figure, and barely even that it was built on a super cautious, pessimistic framework that basically presented a worst-case scenario in terms of assumptions, meaning that the only place it really could go was up, and yes, if the economy grows enough, then the budget will start to balance itself. The child benefit changes are the big news, and as for reaction, the Conservatives call the budget a “nightmare” while the NDP rail about all of the promises that it didn’t keep (because everything should have happened immediately).

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Roundup: De-Canadianizing the Crown

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A decision from the Quebec Superior Court came down yesterday which will have grave constitutional implications for Canada, yet few people actually know or understand it. The case challenged the royal succession law that the previous government passed as part of the series of reforms passed in all of the realms that share Queen Elizabeth II as their respective monarch, and by most reckonings, the Canadian law was a complete sham, simply assenting to UK legislation, in essence subordinating the Canadian Crown to a subset of the UK crown, despite the fact that they became separate entities after the Statute of Westminster in 1931. The Quebec Superior Court, however, sided with the Department of Justice, that the monarch was the same per the preamble of the constitution as opposed to a separate legal entity, and essentially reducing Canada back to a subordinate British colony, all because the Harper government didn’t want to go through the necessary steps of doing a proper constitutional amendment to change the Office of the Queen to match the aims of reform. So long, Queen of Canada. We hardly knew you.

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Roundup: Prairie drama queens

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Finance minister Bill Morneau was in Calgary yesterday as part of his pre-budget consultations, and while listening to the questions during his televised press conference after the meeting, I am forced to wonder if Albertans aren’t trying to be Confederation’s biggest drama queens about their current economic woes (and yes, I say this as a former Albertan). You’d think that the province was actually disintegrating, but if you look at their numbers, their unemployment rates are only now reaching the national average (around 7 percent), and those that are employed (being the vast majority) are making more money in those jobs than the national averages. Yes, their provincial budget has a huge hole blown through it with the fall in oil revenues, but it’s nothing compared to what Newfoundland & Labrador’s budget hole is looking like with their own oil shock. Meanwhile, I don’t hear the pundit class bemoaning the job losses in that province, or people threatening their premier (though he’s been on the job only a couple of months). People were asking Morneau about extraordinary funding mechanisms outside of equalisation, and while he demurred on answering most of it, I am reminded of the usual Twitter snark of some economists like Mike Moffatt, who quite rightly point out that nobody would have even contemplated the kinds of bailouts for southwestern Ontario when their manufacturing centre crashed the way you hear about what they’re demanding for Alberta. The other problem that the loudest of critics (especially Kevin O’Leary) can’t seem to grasp is that there is a global supply problem with oil – there’s too much in the market, which has depressed prices. What exactly can Alberta’s provincial government do to prop up the sector when there’s already too much supply in the market? Even getting that oil to tidewater would just be adding even more to the global supply chain, which one would imagine wouldn’t help with the depressed prices. Supply and demand, and all of that. Yes, it’s a challenge, and it’s a long-term one that’s rearing its head now. Yes, there is a need for some bigger transformation initiatives, and the provincial government is looking to make changes, and I’m sure the federal government will try to get in on that action, but transitions are difficult things. There are going to be hard periods ahead, but simply demanding federal handouts and calling for Rachel Notley’s head aren’t helping matters.

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Roundup: Fledgling government delays

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Delays seem to be the word of the day for the fledgling government – delays in getting the refugees here (but that’s happening), delays in getting committees up and running (thanks in no small part to NDP and Bloc wrangling) – though they did finally name the assisted dying committee members today, and it looks like there are now delays in getting the new Independent appointments committee for naming new senators up and running. This means that those promised five new “independent” senators won’t likely be chosen before Parliament comes back, nor will the new government “representative” be chosen from one of those five as intended. That could start being a problem for the government as they start looking to outline their agenda and figure out what they’re going to start sending over to the Senate in terms of legislation. Mind you, it’s not too late for the government to do the right thing and appoint an existing senator to the post (because it makes absolutely no sense to put someone with no Senate experience into the role – it really doesn’t), and then figure out how to keep the relationship as arm’s length as possible while still letting parliament function as it should, with government and opposition sides that help keep debate and accountability going. Oh, and while we’re on the subject, can We The Media please stop this whole “The Senate has traditionally been a partisan dumping ground” line? It’s a gross exaggeration of the truth, and it neglects the fact that a lot of eminently qualified people who weren’t just party hacks were appointed. Yes, some of them chose to behave a bit unfortunately once appointed because they thought they had do (particularly true of the way that Harper’s poor appointment process corrupted a generation of senators), but on the whole? We had some pretty great appointments on both sides for a lot of years. Stephen Harper and his PMO upsetting the balance should not be held up as the norm of the chamber’s history any more than the small number of senators with questionable expenses should be treated as a reflection on the vast majority who didn’t. But by all means, keep repeating the received wisdom (and in some cases mendacious gossip) about the Chamber and its denizens. It’s really helping us live up to our role of educating the public as to what goes on in Parliament.

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Roundup: Airfare obsessions

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Oh, the things we obsess over in this country – like the Prime Minister’s air travel. Perpetual source of media copy, as are the strange figures that get attached to it. As previously mentioned, Justin Trudeau and family went on vacation to the Caribbean island of St. Kitts-Nevis, and apparently rented a villa there (which they paid for out of pocket), and got a bit of tabloid attention, because why not? Also, apparently there was a bit of diplomacy as he met with the country’s prime minister and foreign minister, but that’s beside the point. The point is that while Trudeau has promised to reimburse the public purse for the equivalent of economy fares for the trip, the media continues to bring forward the dollar figure of $10,000 per flying hour to operate the Challenger jets, which the PM is obligated to take for security reasons. The problem with using that $10,000/flying hour figure is that it never places it in the context of it being a military aircraft, and it’s not just sitting around waiting to shuttle the PM around – they’re in use for other operations, and even when they’re not, they still get flown empty because those military pilots need to keep up flying hours aboard them. It’s a Thing, but nobody ever mentions it. Instead, when the PM wants to go somewhere on personal business, we drag up the $10,000/flying hours figure because we want a bit of cheap outrage, and if there’s anything that Canadian media loves, it’s cheap outrage. It is a little curious that Trudeau is reimbursing at the economy fare rate, but I guess we’ll see what that rate looks like once it’s repaid. While Paul Martin made it the practice to repay double the going business-class rate, Stephen Harper would occasionally reimburse it at what was alleged to be the lowest possible economy fare, though most of the time when reporters tried to find equivalent flights for what Harper repaid, well, it couldn’t be done. I would say that if anything, repaying less than the economy fare is almost more insulting than not repaying anything and saying “I’m Prime Minister, I can’t fly commercial, so deal with it” because it almost looks like you’re showing contempt than respecting the taxpayer (which is the born-again motto of the Conservative Party post-election). So really, we should suck it up (provided that the trips aren’t egregious) but I see little chance of that happening anytime soon.

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Roundup: Barton in charge

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The announcement came down yesterday making it all official – Rosemary Barton has now passed the gauntlet of the competition process and has officially been named the permanent host of CBC’s Power & Politics. It’s not as though she didn’t more than prove herself in spades over the course of the election, with six-days-a-week broadcasts, and sharp coverage, but that Chris Alexander interview, where she shut down one of his tantrums and put him in his place – that has become legendary in political circles already. A senior journalist in this town described her as an “accountability interviewer,” and that’s something that’s been desperately needed in this city, where there has been a certain amount of timidity in the kinds of interviews we’ve seen. Not having a Jeremy Paxman of our own, we’d seen many a political show host in this country tiptoe around members of the Harper government for close to a decade because they often threatened (or instituted) boycotts after one hissy fit or another (John Baird being particularly famous for them), but Barton was having none of that – and it went for opposition MPs as well, like her interview with Thomas Mulcair pretty much on the day she was given the interim job when Evan Soloman’s sudden firing happened, and she didn’t put up with Mulcair’s too-cute-by-half routine. In their release, CBC pointed out her history as a reporter, going back to her starting out as a researcher for the French-language RDI while in Winnipeg, and covering politics in Quebec City – the kinds of chops that her predecessor never had, who relied instead on personality than on hard-won experience in covering the beat. And with Barton’s permanent appointment comes the acknowledgement of the changing face of politics in Canada – the fact that she’s not a middle-aged white male is important in an age of younger MPs, and of gender-equal cabinets, that a younger woman is tougher and more competent in the role than her middle-aged male contemporaries. It’s just too bad that this announcement didn’t happen in June on the heels of Solomon’s departure. (And as for Evan Solomon, it was announced that he’s taking over the afternoon broadcast for Ottawa’s CFRA radio station, because all is apparently forgiven for his ethical lapses).

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Roundup: Demanding immediate parity

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It seems that I couldn’t ignore the siren call of the Senate bat-signal one last time. A group of prominent women want the prime minister to ensure that all 22 current vacancies in the Senate be filled with women in order to quickly achieve gender parity in the upper chamber. Trudeau has already stated that he wants to move the chamber toward gender parity and diverse representation as part of the appointment process (and it does have more women and minorities on a proportional basis than the Commons does), but this would be a bit more strident. It’s not a terrible idea, and one doesn’t really want to get into the “merit” debate because there isn’t a shortage of meritorious women that could fill every one of those seats. That’s not the issue. What I worry about is that it sets up a situation where the demand that it be balanced at all times, so as to start setting gendered seats in each province, and that if there is a retirement or resignation, it becomes imperative that the new holder of that seat be of the gender that is required to maintain balance, despite there being other considerations for some of those seats, such as linguistic minorities, Aboriginals, or other minority communities. Where this would especially be problematic is Quebec, where there are senatorial districts, and it could “lock in” the gender of those districts’ senators, despite the fact that some of those districts were initially established to protect other communities. Meanwhile, David Akin penned an utterly facile column that conflates the Duffy trial with the broader problems of the Senate and somehow comes to the conclusion that constitutional Senate reform is the answer, never mind that he offers no actual vision for what that reform is supposed to accomplish, and he may have missed the memo that elected chambers have spending scandals. All. The. Time. Left unsaid is the fact that the Senate has undergone substantial internal reform and tends largely to be more transparent than the Commons, not that it fits within anyone’s narrative of the “grasping, tawdry circus” of the Senate, when on the whole it is anything but. Seriously, pundit class – reality doesn’t quite reflect your tired received wisdom.

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Roundup: The town hall performance

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Justin Trudeau had his townhall with Maclean’s yesterday (in partnership with fellow Rogers publications Chatelaine, L’Actualité and CityTV, of course), and it went very well, and was engaging (and the whole thing can be viewed here). There wasn’t a lot of news, per se, that came out of it, but Trudeau did spend some time explaining certain positions, such as why he thinks there is a better role for Canada in the Middle East that draws from our experience in Afghanistan than the bombing mission does, or why he made the decision to cut the tax bracket that he did (it winds up helping more people when examined in conjunction with the new child benefit program), and the whole issue of the federal minimum wage (it only helps such a small group of people, and wasn’t likely to move too many provincial governments). Oh, and he slammed the kinds of fear-mongering politics engaged in by politicians like Donald Trump as ignorant and irresponsible. John Geddes remarks about Trudeau’s effortless adoption of the role of Prime Minister, while Paul Wells offers his thoughts on the event as the moderator, and how Trudeau compares to Harper. Laura Payton notes the very politic way in which Trudeau responded to questions, and some of the lessons that he perhaps learned from Harper in that regard.

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