Tag Archives: The Monarchy

Roundup: Performative obeisance

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Brave anonymous Conservatives have gone to the media to describe how they asked Andrew Scheer to let them vote to remove Maxime Bernier from caucus. Scheer, smartly, said no, but the whole affair is sordid and more than a little gross. The reasons these brave anonymous Conservatives gave for looking to oust Bernier was because he apparently lied to caucus when he said he was going to shelve his book project and then reposted the chapter that had already been made public on his website. But it’s not really about Bernier’s supposed sins, but rather it’s another instance of MPs being performative in their demonstrations of obeisance to Scheer as the leader, which is antithetical to how a Westminster system should operate.

https://twitter.com/acoyne/status/1014655867529003008

https://twitter.com/acoyne/status/1014657981416292353

Scheer knows that booting Bernier would cause a rift in the party, where all of the Ayn Rand-reading wannabe-libertarians in the party would storm off after him in a huff, possibly forming a libertarian splinter party in their wake (never mind the fact that Bernier isn’t actually that smart as a politician, as charismatic as he may be, and it would likely all end in tears). But Scheer has to preserve the big tent – or at least the illusion thereof, because gods know that he’s already alienated Red Tories and free-market conservatives with his pursuit of boneheaded populism – and so he’s going to keep Bernier around. Not in his shadow cabinet, apparently, because Bernier has become a liability in his attempt to portray himself as a greater defender of Supply Management than thou, but Bernier will at least be there in the room, tolerated. For what that’s worth.

More importantly, this is but one more sign about how venal and degenerate political parties in this country have become as they’ve been hollowed out and serve as little more than personality cults thanks to the bastardized leadership contest rules that each has adopted. Because leaders are chosen in such a broken manner, it has given them the appearance of “democratic legitimacy” that is antithetical to how our system operates, and rather than hold them to account, the caucuses now twist themselves into pretzels to show loyalty to the brand of the leader rather than the ideals of the party. And until we’re willing to stand up and say no, this is a bastardization of our system, it will only continue to get worse (and yes, the Liberals are among the worst culprits for this). This is not how parties are supposed to work. This is not how the Westminster system is supposed to work. And yet we have brave anonymous MPs tattling on each other for thought crimes against their leaders. It’s revolting.

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Roundup: Fighting to preserve parliamentary privilege

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Senator Mike Duffy’s court challenge started yesterday, and the Senate as a whole fought back to have the Chamber excluded from his lawsuit under the rubric of parliamentary privilege. The Senate’s privileges include the ability to discipline its members – and this needs to be reiterated firmly, because as a self-governing body with institutional independence, that’s the only way that senators can be disciplined outside of a criminal process. This is also why there is a differentiation when it comes to the judge asking the hypothetical about the Speaker shooting someone – privilege does not necessarily cover criminality.

Part of what Duffy’s lawyers are trying to argue was that the Senate’s punishment of his suspension without pay should be subject to judicial review because he was acquitted of all charges by the Ontario Superior Court. The problem is that he was found to have broken several of the Senate’s rules, regardless of what the court found, and the Senate is empowered to deal with those breaches as they see fit – not to mention, it was also about making sure that discipline was seen to be done, which was important for a body that was facing scandal and public outrage. This doesn’t mean that they went about it in the best way, however – the pressure (especially coming from PMO, which the Senate leadership at the time capitulated to) wanted to have these suspensions out of the way immediately, and so Duffy’s interventions were cut short, and Senator Pamela Wallin never got her chance to defend herself at all because of the haste. Due process was not necessarily followed, and yes, that’s a problem. However, that is not a problem that can be sorted by means of judicial review, because that would undermine the Senate’s ability to be self-governing (just like the Senate subjecting itself to external financial control like the Auditor General wants would undermine its privileges and ability to be self-governing).

It can’t be understated how damaging it will be if we let the courts start interfering in the operations of Parliament, in either the Commons or the Senate. The constant injunctions to legislation, the threats of lawsuits, the massive breach of the doctrine of separation of powers – it’s not something that we should mess with. Duffy may feel he was treated unfairly – and maybe he was to an extent – but it’s no reason to start pulling bricks out of the wall when it comes to privilege. And if the judge has any sense, she’ll respect that separation and take the Senate out of the lawsuit.

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Roundup: Fixes to a strained system

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An independent report on Canada’s refugee determination system was released yesterday, and it recommends various ways to completely overhaul our system, most drastically that it calls for it to be reformed into an agency that reports to the minister, rather than maintaining the quasi-judicial Immigration and Refugee Board. It’s a recommendation that worries groups like the Canadian Council of Refugees because part of what the strength of the IRB is that it’s a quasi-judicial body, and that ensures that there is much greater due process in the system. It’s not perfect, mind you, but that’s an important value of a system that determines what can be life-and-death situations for refugee claimants to have. It’s not a surprise that the system is under stress, not only because of the influx of irregular border crossers, but because the government has been slow to fill vacancies on the board, which cascades through the system, causing delays and huge stresses for claimants (and their lawyers). And if the government could fill those vacancies and add resources to the system in order to clear the backlogs (which were created when the previous government reformed the appointment process under their watch) that would help, but they’ve been apparently in no rush to do so.

Speaking of the influx of irregular border crossers, Toronto’s mayor is complaining to the provincial and federal governments that they’re maxed out on shelter space for those migrants that have travelled to Toronto and want more help in housing them – after having received $11 million in additional funds from the federal government. Part of the problem is that they haven’t been able to find suitable spaces, and additional money can’t build new shelters overnight.

Meanwhile, CBC has an analysis piece about whether suspending the Safe Third Country Agreement would lead to a massive influx of new claims on our system. The answer is a decided maybe, but what’s not really addressed in the piece is the fact that the Agreement virtually eliminated the practice of asylum shopping, where people would make either simultaneous claims in the US and Canada or would try the other if one was due to fail. It is a problem that strains our resources (which are already strained), and it can’t be discounted as a possible side-effect of suspending the agreement.

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Roundup: A strained partisan detente

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There is a strange partisan cold war settling over the nation’s capital, as both government and opposition try to put up a united front against the Trumpocalypse, while at the same time not looking to give up too much advantage, and so they probe areas where their opponents may be weak, but that they won’t look too crassly partisan in exploiting it, kind of like Erin O’Toole did last week when the steel and aluminium tariffs were first announced. The Conservatives and NDP are trying to probe the previous statements about Supply Management “flexibility,” while the Liberals are essentially calling Maxime Bernier a traitor as he starts speaking about his opposition to the system once again. It’s not pretty on either side, and yet here we are.

While Trump has threatened auto tariffs, I’m not sure that’s even remotely feasible given how integrated the whole North American industry is, and those tariffs would not only devastate supply chains, but it would have as many adverse effects on the American industry as it would the Canadian one. Of course, we’re dealing with an uncertainty engine, so we have no idea what he’ll actually do, but hey, the government is working on contingency plans that include further retaliatory measures if these auto tariffs come to pass. As for Trump’s focus on dairy, here’s a look at the size of subsidies that the American dairy industry is awash in. Brian Mulroney, incidentally, thinks this is all a passing storm, for what it’s worth.

Because there are so many more hot takes about developments, Andrew Coyne thinks that there should be debate on how to best retaliate to American threats rather than just rally around the PM. Chantal Hébert notes that Trump has essentially boxed Trudeau in with regards to how he can respond to the threats. Martin Patriquin counsels patience with the Trumpocalypse, so that we don’t go overboard thanks to a few intemperate tweets. Chris Selley notes the sudden burst of solidarity and hopes that they don’t return to bickering over small differences once this crisis passes. Jen Gerson, meanwhile, notes that Trump’s attack are those of a bully trying to pick on a weaker target, but forgets that Canada isn’t weak – we’re just passive aggressive. Gerson was also on Power & Politics(at 1:08:35 in the full broadcast) to say that her genuine fear out of all of this is that it’s all a sideshow designed to turn Canada into some comic enemy for Trump to run against in the upcoming midterms, and I suspect that she’s onto something, and we may be playing into Trump’s hands when if we get self-righteous in our response.

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Roundup: Trans Mountain decision day?

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It looks like today will be the day we get some kind of answer on the Kinder Morgan Trans Mountain expansion pipeline, and everything will likely be confirmed in the morning as Cabinet meets earlier than usual. The three options on the table are the previously announced indemnification, as well as the option to either buy the pipeline outright (though I’m not sure if that means just the expansion or the original pipeline itself that the expansion twins) in order to sell it once the expansion completes construction, or temporarily buying it long enough to sell it to someone else who will complete construction. The word from Bloomberg’s sources is that the government is likely to buy it outright, on the likely option of buying it long enough to find someone who can guarantee its completion.

https://twitter.com/InklessPW/status/1001288600967827456

https://twitter.com/acoyne/status/1001294404836085760

As for what this will mean politically, you can bet that there will be no end to the howls of outrage from both opposition parties – from the Conservatives, we’ll hear that this never should have happened, and it’s only because of the federal government’s incompetence that it did. (While one can certainly question their competence in a number of areas, this is one where they had few good options, and no, a court reference or a pipeline bill would not have helped because they already have the necessary jurisdiction they need). The NDP, meanwhile, will howl that this is a betrayal of their promises on the environment and the rights of First Nations, and that it pays billions to “Texas billionaires” rather than Canadians, and so on (though one would imagine that the NDP should be all for nationalizing infrastructure projects). And one can scarcely imagine the invective we’ll hear from Jason Kenney, as helpful as that will be. Suffice to say, the next few days (and weeks) will likely be even more dramatic that they have been. Because this time of year isn’t crazy enough in Parliament without this.

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Roundup: Not the constitutional crisis you were looking for

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After much drama and back-and-forth between the two chambers, the Senate passed the omnibus transport bill yesterday after the Commons rejected their amendments a second time. Once again, we did not get the constitutional crisis that we were promised, and we’ll get a whole new round of back-patting that the Senate did its job, because at least a few of the amendments were accepted (even though the larger problem remains that many of the ones that were rejected saw no debate, nor were reasons for rejecting them provided other than the government “respectfully disagrees,” which is not a reason).

Amidst this, the Conservative Senate leader, Senator Larry Smith, penned a response in Policy Optionsto Government Leader in the Senate – err, “government representative” Senator Peter Harder’s previous op-ed about the apparent use of a Salisbury Convention in the Canadian Senate (which was false). The problem there, however, is that Smith didn’t really rebut anything about the Salisbury Convention or lack thereof. Rather, he went on about how the prime minister is trying to walk back on his promise of a more independent Senate by means of their rejection of the bulk of the amendments to the transport bill, and the apparent orchestration through Harder of a policy of trying to tell senators how to vote (as in, pass bills even though we say that we don’t want you to be a rubber stamp). And while I sympathise with many of his points, I’m not convinced by his overarching thesis.

Despite the fact that many a Conservative senator keeps trying to promulgate a series of conspiracy theories, from the fact that the new Independent senators are all just crypto-Liberals that are being whipped to vote a certain way, that they are trying to “destroy the opposition” in the Senate, or in this case, that the PM is trying to undermine his own pledge for independence via Harder’s patently unhelpful suggestions. But part of the problem is that on the face of it, none of these really stack up. While we can’t deny that many of the new senators have government sympathies, I wouldn’t consider them partisans in the same sense. The issues of their block-voting has more to do with their anxieties about accidentally voting down government legislation than it is about their being whipped to vote a certain way. And frankly, the biggest reason why I sincerely doubt that Trudeau is conspiring with Harder is the fact that there has been so little competence being demonstrated by Harder and his office when it comes to management of the agenda in the Senate that it seems more than implausible that there is any kind of coordination happening, particularly since I know that there are people in Trudeau’s and Bardish Chagger’s offices who know how the Senate works, and we’re not seeing their input. And the longer that the Conservatives keep pushing these woeful conspiracies, the more they undercut their own position on maintain a level of status quo in the Senate that is probably beneficial in the longer term. But they never seem to learn this lesson, and it may cost them, and the institution, as a result.

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Roundup: A moment for the Queen of Canada

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In light of Victoria Day and the celebration of the official birthday of the Queen of Canada (yes, they’re the same day), here are a few gems about the Queen of Canada, and the monarchy in general.

https://twitter.com/Canadian_Crown/status/998596864311209985

https://twitter.com/Canadian_Crown/status/998572925249867776

Actor Stephen Fry talks about how the monarch keeps politicians in their place, and while it may seem “kind of preposterous” it a system that works. As he says. “If it works, it’s very foolish to get rid of it, even if it’s unreasonable.”

https://twitter.com/PhilippeLagasse/status/998568760003907584

And let’s not forget that Queen Victoria ensured that we have Responsible Government here in Canada.

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Roundup: An unnecessary proposal to cover for abdicated responsibility

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When Parliament resumes next week, and the final push of legislation before the summer break starts, I can pretty much guarantee that there will be some gnashing and wailing of teeth in the Senate about the crush of bills headed their way, and the fact that there isn’t a plan to manage it. And from Government Leader in the Senate – err, “government representative,” Senator Peter Harder, we’ll get a reminder that he’s proposed a business committee to do said managing of the Order Paper. And lo, in Policy Options yesterday, we got an endorsement of the notion of a business committee from a former political science professor, Paul G. Thomas, which read a lot like it was could have been commissioned by Harder’s office.

To wit: One of the reasons why I object to the creation of a business committee is because it will create a powerful clique that will determine the legislative agenda of the chamber in a manner that has the very real possibility of trampling on the rights of individual senators in the name of expediency. Currently the rules allow for any senator to speak to any item on the Order Paper on any day – something Thomas notes has the potential to delay business, but under most circumstances, this can be managed through negotiation, and if abused, a vote can be used to clear that obstruction. But what Thomas’ glowing endorsement of the notion of a committee ignores is the fact that sometimes, it can take time for a senator who sees a problem with legislation to rally other senators to the cause. We have seen examples of that in the current parliament, with bills like S-3, which wound up getting majority support from senators to fix the flaws in the bill, or even with the amendments to the omnibus transportation bill last week, where Senator Griffin’s speech convinced enough senators that there was a real problem that the amendment was meant to correct. Having a business committee strictly lay out timelines will stifle the ability for the Senate to do its work when sometimes it needs time to do the work properly.

One of the reason why this kind of committee should be unnecessary is because the Senate has operated for 151 years on the basis of the caucuses negotiating the timelines they need at daily “scroll meetings,” but it requires actual negotiation for it to happen, and since Harder took on the role of Government Leader, he has eschewed his responsibilities to do so, believing that any horse-trading is partisan. Several of the new Independent senators follow a similar mindset, which is a problem. And while Thomas acts as Harder’s apologist in trying to downplay the criticism that a business committee will simply allow Harder to stage manage the legislative process – and it is a possibility that he could, but only in a situation where there are no party caucuses any longer, and that the Senate is 105 loose fish that he could co-opt as needed – my more immediate concern is that he would use the committee to avoid his actual responsibilities of negotiation and shepherding the government’s agenda, more so than he already has. We already don’t know what he’s doing with this $1.5 million budget and expansive staff, so if he is able to fob off even more responsibility onto this clique, what else does that leave him to do with his budget and staff? It’s a question we still don’t have any answers to, and yet another reason why the creation of such a committee is likely to lead to more problems than it does solutions that aren’t actually necessary if he did his job.

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Roundup: On the state of federal disarray

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Yesterday, Manitoba premier Brian Pallister took to the airwaves to declare that the Canadian federation is in a state of disarray, much like Alberta’s wannabe premier Jason Kenney declared that “Canada is broken” earlier in the week. And on the face of it, one could point to places where things don’t appear to be working, where you have a nation of fiefdoms of provinces who make their own rules and who don’t talk to one another – why we don’t have proper interprovincial free trade – and all of the petty bits of provincial protectionism that still exist, 150 years later (thanks in large part to the Judicial Council of the Privy Council, which was the final court of appeal in the early days of confederation, who undermined the Founding Fathers’ goal of a more robust federal government).

But this all aside, I have to look at Pallister, Kenney, and the rest, and point out to them that they’re absolute hypocrites for saying that the country isn’t working when they’re ones who make and continue to make contradictory demands about what is and is not federal jurisdiction. In the very same breath, they’ll demand that the federal government exert its constitutional authority to get a pipeline built, while simultaneously decrying that the federal government’s imposition of a carbon price is unconstitutional – never mind the fact that the carbon price is part of the political deal that is aimed at getting that pipeline approved. In other words, exert your authority only on things that I like, but not the things I don’t. It’s so self-serving and gross, but they play too cute by half about it. Every single one of them, handily handing off responsibility to the federal government when it suits them, and using the courts as a political tool to engage in political theatre – which, by the way, is abusing the courts.

https://twitter.com/cmathen/status/989987469197131776

https://twitter.com/cmathen/status/989988567962152960

To that end, Alberta premier Rachel Notley is offering up a very real warning – that using the courts in these ways could open up much bigger problems that would cause interprovincial gridlock, all because BC premier John Horgan is looking to protect his minority government’s confidence deal with the Green Party. And as far as reasons go for trying to further exacerbate the state of the federation, it’s not a very good or noble one, no matter how much one wraps themselves in the cause of the environment or First Nations.

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Roundup: Carbon tax figures in context

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The Parliamentary Budget Officer released his latest economic and fiscal outlook yesterday, which included some not unexpected things like warnings that the deficit might be larger than anticipated, or that debt servicing charges might start to increase, or that some government programmes may wind up costing more than stated in the budget. All fair game. But it was his analysis of the federal carbon price that really go the Conservatives (and their mouthpieces) excited – and as usual, it was an exercise in cherry-picked numbers that ignored the context of what was actually said.

In this particular case, the headline number was that by 2022, when the full $50/tonne price is implemented, the price could – and one has to stress could– cost the economy 0.5 percent of GDP, or $10 billion. And this had the Conservatives, and Pierre Polievere in particular, whooping at the government about how this was going to kill the economy. The problem is that the report goes on to say that if provincial governments actually recycle those revenues through reducing corporate or personal income taxes, for example, it would nullify that effect. Not that things like context or nuance, or even truth will dissuade a political talking point. University of Calgary economist Trevor Tombe explains more here:

Tombe also found this bit of the report overlooked by other media reports:

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