You know that I can’t resist a good Senate piece, and lo, University of Ottawa law professor Adam Dodek provides us with one, urging the government to move on what constitutional Senate reforms that are within its grasp – the things they can change without the provinces, namely property requirements, the net-worth requirement, and the use of “he” in the constitution. While the third seems blatantly obvious, one wonders whether there are other instances in the constitution, in either official language, where the gender defaults to male, and whether that would need to be updated at the same time. As for the property and net worth requirements, one has to ask what purpose changing them serves in the modern age. The $4000 figure in both real property and net worth has never been inflation adjusted, so the figures present little barrier to anyone actually qualifying in this day and age, as the way that they came to accommodation to allow Sister Peggy Butts to sit in the Senate are a good example. (Well, except for freelance journalists, in case anyone still harbours the illusion that I’m lobbying for a Senate seat). While Dodek posits that the requirements were part of an attempt to create a landed gentry in Canada that failed, my own reading of history has tended to an attempt to attract a more “serious” sort to the Upper Chamber, and let’s not forget that these were the days when there was a property requirement to exercise the franchise at all (and until the rules changed, women who owned property could actually vote, though almost none did). The property requirement does help to serve as a kind of shorthand for the primary residence question (except when monkeyed around to fit appointments into inappropriate areas for political considerations *cough*Mike Duffy*cough*), and in Quebec, it has the added significance of the historical senatorial divisions that marked minority enclaves that were to have designated representation. While those divisions have not been updated, one supposes that there is a debate to be had as to whether to update them to better reflect the modern Quebec, or to keep them as is in order to serve as a historical touchstone to remind us about the Senate’s role in giving voice to and protecting minority communities. Which leads us back to the question of why we want to undertake this exercise in the first place – is it necessary? I’m not seeing the pressing need for these changes, other than the usual “because it’s anachronistic” excuse. That’s the thing about a parliamentary system though – much of it is anachronistic, but that’s part of the beauty, because it is a direct touchstone to the evolution of our system, such as why the monarch is not allowed in the Commons. That the Senate has anachronistic property requirements that are no great barrier to membership demonstrates the evolution of our system in a very real way, and keeps parliament grounded. To do away with the harmless requirements for the sake of modernizing it risks losing that historical touchstone that is so absent from many things in politics these days, to our detriment.
Tag Archives: Terrorism
Roundup: Religious Freedom office on the line
In a month, Canada’s Religious Freedom ambassador’s first three-year term will expire, as will his office’s budget. He’s been making the rounds, once again, to talk about how much value there is in his office in helping our diplomats understand the religious points of view that dominate certain other countries, and uses that as the justification for his office. In a piece by the Citizen, there are a few other voices who say that he’s been doing a good job, and that he’s been available and accessible to talk about certain foreign policy issues, which is all well and good, but there does remain a certain discomfort around the very existence of the office and its raison d’etre. Part of that has to do with the suspicion that this was an office designed like its American counterpart to essentially be an office of Christian proselytising around the world – and to a certain extent, the press releases we did see out of that office seemed to weigh in particular to countries where there was a Christian minority in some level of persecution. But what the Citizen article misses is a more existential problem that the office faces, which is that its very existence creates a problem of perception in terms of a hierarchy of rights. The previous government in many statements it made in the Commons and elsewhere seemed to point to freedom of religion being a more fundamental building block to other rights and freedoms, which is fairly anathema to human rights academia. Back when the office was created, I spoke to a number of scholars who were sceptical because it introduced the notion that there was a hierarchy of rights, when all rights should be treated equally, lest they get their own departments within Global Affairs, and the jockeying for status, position and funding would take over. It remains to be seen what Stéphane Dion and the Liberal government thinks of the Office and whether they will be inclined to keep it around, or possibly absorb it into some other department within Global Affairs, of if they are persuaded by the argument of the perceptions of hierarchy.
Roundup: Airfare obsessions
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.
Roundup: Important praise for the status quo
The electoral reform conversation has been going around, and proportional representation fans frequently take to my Twitter feed to harass me about the subject, and we usually end at the impasse where they refuse to deal with our system as it exists in order to comprehend its logic. Regardless, there are few voices out in the mainstream in favour of the status quo option, but I was pleased to see that the Ottawa Citizen’s editorial board wrote a defence of the status quo. While some of it needed a bit more work (particularly in how they went about describing how the current system can “skew” results – it really doesn’t if you read those results properly and don’t import the logical fallacies of popular vote figures), but the nub of their argument is the most important – that our current system is particularly valuable in that it lets the electorate throw the bums out on a regular basis. It’s often said that in Canada, we don’t elect governments – we defeat them. And every few years, we get tired of who is in power, and we punish them and elect someone new who will clean up the mess left behind (and really, most of those parties need the defeats to let them clean house, re-energise, and think about where they went wrong. Sometimes, it takes them a couple of elections to do just that). What the editorial didn’t address very specifically is that in many PR countries, there really isn’t this ability to throw the bums out. Instead, they tend to be dominated by a central party who remains in power for decades, while they simply shuffle up their coalition partners when they need something. This was certainly the case in Germany, and while we don’t know what a PR-landscape in Canada would look like, it is a distinct possibility as there would be more incentive for small and fringe parties who exist to start agitating for their own power and influence within a coalition (as that would be the likeliest way to form future governments in what looks to be a continued sense of minority parliaments). As more small parties grow, the larger ones will likely fracture as there will be less incentive for the interests that they contain would stick around when they could gain outsized influence as a smaller party vying for that coalition power. Add to that, if we adopt a PR system that employs party lists, that makes it even harder for problem MPs to be tossed aside, as their fortunes are in the hands of the party itself, not the electorate. While emotional arguments about perceived fairness and “wasted” votes tends to rule the day, accountability should be a feature that requires greater consideration. Most other systems can’t provide it the way ours can, and that remains one of the reasons why I remain with team status quo on our electoral system.
Roundup: The problem with private members’ bills
I’ve written a lot about the problems with private members’ bills, and in my column this week over at Loonie Politics, it came up again given that the lottery for the Order of Precedence was posted. I wrote about it back in the spring when there were a number of problematic ones that the Senate was possibly going to kill (and in some cases did when the clock ran out on them) for good reason – because they were bad bills. While interviewing Liberal Senator George Baker yesterday for a story I was writing, he offered this, which I unfortunately wasn’t able to include in the piece, but every MP should nevertheless read it and take it to heart:
“Here’s a real problem with these private member’s bills: if there’s a fault in the bill, if there’s a word out of place, if there’s an error in the wording or in the intent of a sentence of paragraph – if it’s a private member’s bill, then the Senate is in a quandary because if they amend the bill, then they will in all likelihood be defeating the bill. If you amend a bill in the Senate, if it’s a private member’s bill, it goes back to the Commons and it goes to the bottom of the list for consideration, and then the private member will come to the Senate committee and say you’re going to pass this bill. We had it happen three times in the past two years. They say you’re going to defeat the bill, so the Senate turned around and passed the bill, given the tradition of not defeating something that’s legitimately passed in the House of Commons, and Senate ignored the necessary amendments and they passed bad legislation.”
Baker is absolutely right in that there is a problem – MPs don’t have them drafted very well, and then don’t do their due diligence because these bills are automatically time-allocated by design. That a number of these bills died on the Order Paper in the Senate one hopes might be an object lesson to MPs that they need to do better, but unfortunately, the lesson too many MPs took is that the “unelected and unaccountable Senate” didn’t just rubber-stamp a bill because it passed the Commons. Except, of course, it’s not their job to rubber stamp, and we’ve had an increasing number of bad bills getting through the cracks based on these emotive arguments, and not a few hissy fits along the way *cough*Reform Act*cough*. And now we have bad laws on the books because of it, apparently content to let the courts handle it instead. It’s sad and a little pathetic, to be perfectly honest. We should be demanding out MPs do better, and when they screw up, they need to take their lumps so that they’ll do better next time. Otherwise they won’t learn – or worse, they will take the wrong lesson, and our system will be worse off.
Roundup: Political drinking
The admission by new Liberal MP Seamus O’Regan that he’s seeking treatment for an “alcohol-free lifestyle” is one that has brought plaudits and expressions of support from across the political spectrum. This is, after all, the age where people are being more open about issues like addiction and mental health, in order to shake the stigma that still surrounds it. But as Laura Payton writes in Maclean’s, this does present a problem with the way that Ottawa works currently, where much of the socialising here revolves around cocktails. Social functions put on by lobby and industry groups are in that 5-7 hour, when MPs come out of votes or committee meetings and head to them for drinks, hors d’oeuvres and schmoozing. It’s pretty much the only bonding experiences that MPs have left, given that the shared experiences of dining together three nights a week before late sitting debates happened were killed off in the early nineties in an attempt to make the institution more “family friendly.” But really, what this misses is the fact that it’s a far less booze-intensive place than it used to be, and I’m not talking about the post-Confederation days when there used to be a pub in the basement of the original Centre Block. No, up until the early nineties, there was far more access to alcohol around the Parliamentary precinct, where there used to be beer machines everywhere (one of the last was in the Press Gallery’s Hot Room), where there used to be the Press Club where reporters and sometimes politicians would drink together at the end of the day, and when martini lunches were a Thing. And those late night debates were often lubricated by drinks with dinner, during an age where you couldn’t order by the glass in the Parliamentary Restaurant, but rather had to buy the whole bottle (which they would put your name on and keep behind the bar for you). So really, if anything, it’s probably the easiest it’s ever been for people who are abstaining to be around the environment. On the other hand, there has been a direct loss in the collegiality between MPs since the booze largely stopped flowing. Make of it what you will, but the relationship between politics and alcohol is an interesting and fairly interconnected one, which makes a story like O’Regan’s a particularly interesting one to consider in the broader context.
Roundup: No place for Trump
In one of her year-end interviews, Rona Ambrose said the Donald Trump is “far off the spectrum,” and “not a voice that is welcome in our party.” Um, except that she can’t really get off that quickly or easily on this one. While Ambrose may not be saying it, her party is one that dumped any pretence of actual ideological conservatism long ago, and simply became right-flavoured populists who loudly championed all manner of non-conservative ideas and plans, all for the sake of appealing to enough micro-targeted groups that they could cobble together a base of support that they rose to power once, but which fell apart in 2015. Remember too that in the dying days of the election, Harper willingly embraced the Ford brothers in Toronto in order to cash in on their populist appeal, which are two very Trump-like voices that apparently have been welcomed into her party with open arms. And as for charges that her party is not doing enough to combat Islamophobia as Syrian refugees start arriving in the country, we’re seeing a lot of concern trolling out of her party that makes it sound like they’re supportive of the idea when in fact they are arguing or agitating for indefinite delays to refugee arrivals. Put all of this together, and it’s hard to see how Ambrose is arguing for any kind of principled conservatism, or that she rejects the populism of Trump while she has not moved to distance herself or her party from the Ford brothers. That’s a worrying sign, and when the Conservative leadership does get underway, we’ll see if Doug Ford makes that leap. If he does, we’ll see if Ambrose continues to insist that those kinds of voices are welcome in the party or not.
QP: The scattershot attack
The week slowly drawing to a close, more desks started to empty out in the Chamber, but hey, Justin Trudeau was there for a fourth day in a row — I’m not sure that ever happened under Harper, ever. Rona Ambrose led off, lectern still on desk, and she read a question in French about the size of the deficit. Trudeau rose and stated that they had pledged to be open and honest about budget figures, and they would reduce the net debt-to-GDP ratio. Ambrose then accused the government of doing nothing for the plight of Albertans with dropping oil prices. Trudeau reminded her that the previous government did nothing for them. Ambrose changed topics again, and trolled for support for their opposition day motion to maintain the CF-18 bombing mission. Trudeau reminded her that the Americans were just happy with the Canadian position, and that he was even just invited for a state dinner at the White House, something Harper never got. Denis Lebel was up next, and asked the same question to get the same answer. Lebel then asked why Trudeau thought that the 1982 patriation was a good template for electoral reform, but Trudeau reminded him of the promises made during the election.Thomas Mulcair was up next and noted the RCMP Commissioner’s admission that there were racists in his force and asked what the government was doing about it. Trudeau lamented it, but basically said that it was up to the RCMP to deal with their members. Mulcair asked about boil water advisories on First Nations reserves, to which Trudeau noted they were working with those First Nations. Mulcair changed topics again to Canada Post, and got the very same response he got the past three days. Mulcair gave one last change of topic, asking about which refugees where getting health funding for refugees, which Trudeau said they would be doing.
Um, pretty sure that most of those refugees are fleeing Assad and not ISIS. #QP
— Dale Smith (@journo_dale) December 10, 2015
Roundup: Action on assisted dying
We’re now less than a week away from the opening of Parliament, and there’s a lot for the Liberals to do. One of those things is deciding what to do about the assisted dying file, and it looks like the Liberals have planned to strike a special joint committee of MPs and senators to quickly examine the issue and provide some legislative recommendations to the government. Remember that the deadline the Supreme Court gave the government is February 6th, and they haven’t decided if they will as the Court for an extension – one they may not be granted, and one where that extension will be a burden to those on the ground who may actually need the law in a timely fashion. There are a couple of reasons why the inclusion of senators in the process is noteworthy – one is that it can help to speed up the process of passing the inevitable legislation, because it can be like a bit of pre-study, getting them involved earlier in the process in order to speed up their own deliberations on the bill when it arrives. The other reason is that the Senate was debating a bill on doctor-assisted dying in the last parliament, which had been sponsored by Conservative Senator Nancy Ruth, based on her consultations with former MP Stephen Fletcher, and had workable solutions to some of the issues raised in protecting the vulnerable. That bill was debated over several days at second reading, but never was voted on to send to committee, likely because of some foot-dragging, but that debate happened, and those same senators are still there. If it’s something that can help speed the process, it’s not a bad idea that they’re in the loop and participating in solving the problem, which could potentially get legislation in the system before that Supreme Court deadline, and with a little luck, they won’t need to ask for an extension.
Roundup: Alberta and the first ministers
The talk of the week will fall into two categories – climate change, and refugees, but for today, climate change is going to be the big topic of discussion, given Alberta unveiling their momentous climate change plans yesterday, followed by the First Ministers Meeting on the subject today. Alberta’s plan is ambitious and courageous – carbon pricing that matches BC’s by 2018, phasing out coal-fired electricity (the vast majority of the province’s grid) by 2030, absolute emissions caps on the oilsands that are a little higher than where they stand today – and lo and behold, the energy sector didn’t freak out, but rather embraced the changes (given that they’ve been demanding a price on carbon for years anyway). In fact, there was commentary that these kinds of changes may be necessary in order to allow them to grow (though if the idea is the gradual phase-out of fossil fuels entirely, I guess we’ll see how that goes). And with this new plan in place, Alberta premier Rachel Notley can come to that First Ministers meeting later today and have something to put on the table, which may indeed help to put pressure on other lagging provinces to start making changes they may be hesitating to do. Jason Markusoff has more on the Alberta plan, and the questions that it raises.