Tag Archives: The Senate

Roundup: Are the rising Senate costs that alarming?

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Because this is sometimes a media criticism blog, I have to say that the CBC story on the rise in bureaucratic expenses in the Senate is…textbook alarmism. Look at the framing. The front third of the story are quotes from senators lighting their hair on fire at the seventy percent rise in costs!, divorced from any actual facts or context. And by the time you get more than halfway down, you have a spokesperson for Senate administration explaining some of those costs, and not necessarily even noting that seven years ago, the Senate was operating at a greatly reduced capacity because Stephen Harper had avoided making any appointments in a fit of pique in the wake of the ClusterDuff scandal, and senators were keeping their heads down lest more hellfire rain down on them. But none of this is mentioned by way of comparison, and only some mention is paid to the fact that because the Senate is now broadcasting its proceedings, it takes a lot more staff to do that work, which is partly why the costs have gone up.

The other thing that nobody is really discussing among all of the alarmist rhetoric and the wailing and gnashing of teeth—obligatory in any story that mentions costs, because Canadian journalism and the CBC in particular absolutely love cheap outrage—is the fact that turning the Senate into a more “independent” chamber is going to make things more costly, because senators can no longer rely on party infrastructure to do some of that work for them on the cheap. It shouldn’t be that big of a mystery as to why displacing that will make other costs rise, but nobody wants to talk about that—only the supposed good that “independent” senators bring. (And some of them do bring good! But the Liberals in particular lost a whole lot of institutional memory and state capacity because Trudeau rather gutlessly cut his party’s senators loose rather than face what was coming with the Auditor General’s report, and pretended it was for the sake of altruism and principle).

While I have a lot of strong opinions about what is happening in the Senate these days, the so-called rise in costs is not one of them. The story here is largely a lot of nothing, dressed up in a frightening costume for clicks, but that’s the current media modus operandi, unfortunately.

Ukraine Dispatch, Day 299:

There have been renewed attacks on Kyiv in the early hours, while there is a watchful eye on the Belarusian Border as Putin heads to visit his ally there. Here’s a look at the significance around Hanukkah for Ukraine’s Jewish community, while in Kherson, there are questions as to how Russian forces were able to overtake the city so easily in the first place.

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Roundup: Delaying the expansion of MAiD?

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The day after the House of Commons rose for the winter break, David Lametti and Carolyn Bennett announced that they would be moving to delay the implementation of the expansion of medical assistance in dying for those who suffer solely from a mental disorder, or for mature minors with terminal conditions. The problem? The expansion date is already legislated, so they will need to pass legislation when they return at the end of January in order to make that happen, and they haven’t released any details to opposition parties about what kind of delay they’re talking about.

There are a lot of problems with this announcement. While I won’t repeat most of what I wrote in this column last week, part of the problem is that this perpetuates an unfairness for those who have an untreatable mental disorder but also have another comorbidity who can apply for MAiD while those who don’t have the comorbidity can’t, and in the process, it continues to stigmatise mental illness. That’s why the delay also goes against the Supreme Court of Canada’s finding of unconstitutionality. Meanwhile, everyone who says “mental health is health” but is pulling for this delay is making a hypocrite of themselves because you’re proving that it’s something separate. Additionally, you can’t just say the federal government shouldn’t go ahead with the expansion until more supports are offered because they cannot legislate those supports. Those have to come from the provinces, who are not bound to any federal timetable, and while yes, the federal government is negotiating a dedicated mental health transfer to the provinces, we are back to the problem of negotiating outcomes into that agreement and provinces balking at strings. We can’t divorce the fact that most of the objections to this are either socially conservatives in nature that oppose all forms of MAiD in principle, or it’s from people squeamish about mental illness and who are further perpetuating stigmatisation. I have little doubt that this is going to turn into a meltdown in February once MPs are back, and it’s going to be extremely hard on the system.

Ukraine Dispatch, Day 296:

Russian forces are pounding the Donetsk region. Russia has been threatening “consequences” if the US does deliver a Patriot anti-missile system to Ukraine, without spelling out what those are, but part of the problem with America transferring the systems is that they take some 90 personnel to operate and training which they can’t provide on the ground.

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Roundup: Blame the premiers for the paediatric health crisis

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The crisis in our hospitals, particularly paediatric ones, continues to get worse. In Ottawa, CHEO now has Canadian Red Cross staff assisting. In Newfoundland and Labrador, their children’s hospital had to cancel surgeries. In Alberta, they are sending children in palliative care home because they need to redeploy those staff elsewhere. So what are people doing? Telling people to bother the federal government.

No.

This is squarely on the premiers. They have been consistently underfunding their healthcare systems, even with higher transfers the federal government has been sending the past couple of years, both because of the pandemic and with additional funds intended to help reduce wait times, but has that money gone to good effect? Nope. But you have several provinces who sent out vote-buying cheques to people, nearly all of them are running surpluses, and New Brunswick and Quebec are promising tax cuts, particularly for high-earners. They have been playing chicken with the federal government, driving the crisis so that they can be sent more money with no strings attached (this is one of Danielle Smith’s many complaints), and it really looks like they want the system to collapse so they can blame the federal government and bully them into acceding to their demands. But so long as everyone keeps fixating on what the federal government is going to do to fix the problem rather than playing blame on the premiers, where it belongs, this state of affairs is going to continue. It’s only when the premiers start feeling the pressure that they’ll make changes, and right now, they are being let off the hook by too many people. Don’t let them. Put the pressure where it needs to be, and that is the premiers.

Ukraine Dispatch, Day 285:

Ukrainian forces held a three-day amnesty for those looking to cross the Dnipro river in the Kherson region from the Russian-held side, in order to reunite families and get civilians to safety, but it sounds like Russian forces killed at least one person crossing the river. Meanwhile, the US’ intelligence chief says that the slower tempo of action in the conflict could wind up favouring Ukraine as Russian forces continue to be outmatched. Here’s a look at the fiscal situation Ukraine finds itself in, trying to finance the war without printing more money and driving up inflation. And here is a slideshow of the conflict.

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Roundup: The Sovereignty Act is an attack on democracy itself

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Alberta premier Danielle Smith tabled her “Alberta Sovereignty in a United Canada Act” yesterday, and it was worse than anyone had previously imagined.

https://twitter.com/EmmMacfarlane/status/1597736239960297473

For starters, the “in a united Canada” part is an attempt to be clever in trying to insist that this isn’t about separatism, but that’s mere window dressing. (I also suspect that it’s not much of a coincidence that just days ago, conservative luminary Ken Boessenkool declared Stephen Harper’s “The Québécois are a nation within a united Canada” motion to be a genius unifying move, never mind the fact that just who “the Québécois” were was never defined and created rifts with Anglo-Quebeckers). The substance of this bill is a wholesale power grab using the most extreme form of a Henry VIII clause known as enabling legislation. In this case, it allows Cabinet to amend any legislation they see fit to after being given a mandate by way of a resolution passed by the legislature (where they have a comfortable majority). Smith and her justice minister, Tyler Shandro, kept insisting that this resolution process was democratic and transparent, but this kind of enabling legislation is anything but, particularly because it allows Cabinet to define the terms of what they deem “injurious to Alberta’s interests,” or whatever the excuse they’re giving themselves to take these powers. It violates the separation of powers by declaring federal legislation to be null and void in the province, and directs police not to enforce federal laws, which is an attack on the rule of law.

https://twitter.com/EmmMacfarlane/status/1597732003411267584

https://twitter.com/EmmMacfarlane/status/1597761564257701888

Smith justified the need for such powers as saying that Alberta has been “ignored” by the federal government for the past ten years, which is a) complete bullshit, and b) that’s not a justifiable reason to give yourself the power to ignore the legislative process. She insisted this was just defending rights like Quebec does, but Quebec doesn’t do this. Her list of grievances was largely all strawmen—the incoming emission cap on the oil and gas sector, the plan to reduce fertilizer emissions, environmental assessment legislation, and the worst affront of all—that the federal government would dare to try to attach strings to federal dollars. How very dare they! But this kind of mendacious grievance-mongering is how politics has been practice in the province for years now, so it’s not unexpected that this is what she would fall back to.

https://twitter.com/acoyne/status/1597733033754386434

Smith’s apologists immediately came out to defend the bill saying that it’s “symbolic” and Smith herself was insisting she doesn’t want it to be used. That’s all horseshit. You don’t give yourself very real enabling legislation powers for “symbolic” reasons if you don’t intend to use it. The federal government has largely been signalling that they won’t be engaging, though I wouldn’t be surprised if, now that we’ve seen the text and the huge overreach, that they would refer this to the Supreme Court of Canada so fast that it will give you whiplash. While this could be Smith imagining that it’s a fight she wants, I have severe doubts that it would give her the legitimacy in a fight that she so desperately wants.

As this was all going down, Jason Kenney announced that he had resigned his seat, with a letter attached that bemoaned how polarized politics had become—after he spent 25 years actively engaging in that very polarizing behaviour and driving it to partisan effect. The kicker here is that Kenney was vehemently opposed to the proposed Sovereignty Act, and planned to oppose it in the legislature, but as soon as the bill is tabled, whoops, there he goes. I can’t quite decide if this is weaselly behaviour, or Kenney being a chicken shit. Either way, it was a choice.

https://twitter.com/jkenney/status/1597741099971641344

Ukraine Dispatch, Day 280:

NATO foreign ministers met in Bucharest, Romania, and have pledged additional non-lethal support with things like more blankets and generators to help Ukrainians to get through the winter, but also to send them Patriot missiles. The Americans announced $53 million to buy parts to help repair the electrical grid. Inside Ukraine, “Points of Invincibility” have bene set up which are stations to get food, drinks, and warmth as the shelling of critical infrastructure continues.

https://twitter.com/ukraine_world/status/1597661671560024067

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Roundup: The false binary in MAiD coverage

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The stories about the hearings on expanding the Medical Assistance in Dying regime continue apace, complete with lurid tales of people threatening to access MAiD for reasons of poverty rather than because they want to die at this particular moment of whatever condition they suffer that makes them eligible, and almost all of them frame it as the federal government forcing people to die. Althia Raj’s latest column was literally titled “Why does the Trudeau government leave people no option but to take their own lives?” before it was changed several hours later, which may or may not have been because I pointed out the fact that disability supports and housing are provincial responsibilities and not the responsibility of the federal government, who are concerned only with the Criminal Code prohibitions against providing MAiD.

Once again, provinces are being let off the hook for their own responsibilities to care for these vulnerable people. In all of the cases going to the media, it’s over areas that the province should have been responsive to, but we also know that they have been in the business of legislating poverty for those who require disability supports, so it’s not a surprise, but it’s not something the federal government can just swoop down and fix. Yes, they have committed to their disability benefit, which is still in still at committee and will take time to implement because of the complexity of dealing with provincial programmes and most especially ensuring that any federal benefits don’t mean that provincial ones are clawed back (like several provinces did with CERB payments, because again, they are legislating poverty), but even this federal support does not make it a federal responsibility, nor should it impact the considerations for the Criminal Code provisions around providing MAiD to those who request it. That road leads to “perfect world” thinking, where people will be made to suffer needlessly because premiers can’t do their jobs. (Full disclosure: My mother accessed MAiD when she had terminal cancer, and was afforded a good and dignified death).

I also think that there is a growing media ethics problem where we are seeing an increasing number of these stories with either unverified accounts of people who accessed MAiD for seemingly illegitimate purposes (though they obviously had a qualifying condition), or those who are taking to the media to threaten to access MAiD if they can’t get supports they need, as is the case cited in Raj’s column. The framing of these stories is often badly flawed, the facts usually unclear, and frankly, it is emboldening people to use the lurid threats of suicide (albeit medically assisted) in order to draw attention to their plight. Media outlets need to start reconsidering how this is being covered, because the number of these stories appears to be on the rise, and it doesn’t help anyone when things are covered in such a way.

Ukraine Dispatch, Day 272:

The damage to the electrical system in the country has president Volodymyr Zelenskyy urging Ukrainians to conserve electricity where possible and to think about options that will help them wait out long outages. He also said that people from liberated Kherson can apply to relocate to places where security and heating issues are less acute, considering how much of Kherson’s civilian infrastructure was destroyed. Here is more about how Kyiv is dealing with the blackouts.

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Roundup: Counting votes is not a measure of the Senate’s health

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The National Post did an analysis of the “new, independent” Senate to see just what has changed since the prime minister Justin Trudeau began his bid to reform the Upper Chamber through the appointment process, and lo, the analysis misses the whole gods damned point. You don’t judge the effectiveness of the Senate by counting votes. It has never operated in such a way, and (quantitative) political scientists and journalists can’t get that through their heads. The Senate is not going to vote down government legislation unless it’s a dire circumstance, and usually they will only insist on an amendment once before they will let a bill pass. How many times they vote against the government is not a measure of independence either, because the objective of most senators is to let a bill get to committee where the real work happens, and they will try to amend any flaws (and even then, we’ve had a problem of this particular government needing to sponsor amendments to fix their flaws that they bullied through the Commons, until the more recent and destructive trend of telling them to pass it anyway and that they would fix the flaw in a future piece of legislation).

There are plenty of other measures by which we could talk about why the “new” Senate isn’t working from the fact that they can barely organise a picnic anymore because most of the Independent senators can’t stick to agreements on procedural matters, or the fact that the pandemic has gutted their ability to be useful aside from adding a few speeches to the record because legislation is being bullied through without time for scrutiny, or the fact that they no longer have the interpretation capacity to run many of their committees like they used to thanks to hybrid sittings burning out the interpreters. Those are all very real problems that are hurting the Senate, but it requires journalists (and academics) who know the place and what is going on, and what questions to ask, and those are almost non-existent. But hey, we counted votes, so that means something, right? Nope.

Ukraine Dispatch, Day 265:

President Volodymyr Zelenskyy visited the recently liberated city of Kherson to declare it the beginning of the end of Russia’s invasion, but also notes that the city is laced with boobytraps and mines, and that they have a significant challenge ahead in repairing critical infrastructure so that people can get electricity and water.

https://twitter.com/ZelenskyyUa/status/1592179845311635463

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Roundup: Play stupid procedural games, win stupid procedural consequences

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My patience for the stupid procedural games being played in the House of Commons is wearing incredibly thin as Liberal House Leader Mark Holland is moving a motion to extend sitting hours to midnight. Now, this would be fairly normal for the last four sitting weeks of the year, but Holland is moving the motion to extend until June. *sighs, pinches bridge of nose* Holland claims it’s because the Conservatives are being obstructionist, and putting up long speaking lists for every bill, so he’s going to accommodate them, and the Conservatives are saying that it’s their job to have vigorous debate on every bill, but this is beyond excessive. (The NDP are also in favour of this, because they too have essentially had a policy of talking every bill to death for the past decade or so). But that should make everyone happy, no?

Of course not. Andrew Scheer is, not incorrectly, pointing out that midnight sittings take resources (read: interpreters) away from committees, and calls this the Liberals trying to kill accountability by stealth. That’s one interpretation, but one could also say that it’s the consequences of the Conservatives decision to fill up the speaking lists like they are. And it’s all so unnecessary. This insistence of filling up speaking lists and having MPs read canned speeches into the record for hours on end is a particularly Canadian phenomenon, and it’s a symptom of our politics being treated un-seriously. It’s stupid gamesmanship that started years ago, and it gets worse with each passing parliament, and we need to stop it. The fact that Holland and Scheer are now exacerbating it even more as a kind of brinksmanship is killing our democracy, and MPs need to grow the hell up, on all sides of the Chamber.

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Roundup: The federal walkout in the face of the premiers’ games

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The federal-provincial health ministers’ meeting broke down with federal ministers Jean-Yves Duclos and Carolyn Bennett walking out after a communiqué from the premiers was leaked, decrying a failure of the talks, drafted five days ago, indicating that there was no intent to listen to the federal government’s position on tying increased funding to accountability measures like outcomes and pan-Canadian data. Duclos said in his press scrum after walking out that just increasing the transfer to provinces is not a plan, which is one hundred percent correct, because we know that provinces have a demonstrated history of spending additional federal dollars on other things that are not healthcare. (Duclos’ statement here). The provincial spokes-minister, Adrian Dix, carried on with his disingenuous talking points about not being able to fix the system without more money, or demanding a first ministers’ meeting about this, the only purpose of which would be for the premiers to gang up on the prime minister for the cameras. Dix also painted this false picture of lamenting that the federal government couldn’t come together with them like they did over COVID, completely ignoring that the federal government sent billions of additional dollars to provinces for COVID and most of those provinces simply put that money directly onto their bottom lines to end their fiscal year with a surplus, which is not the point of sending money to them for healthcare.

Justin Trudeau, earlier in the day, was already calling the premiers out on this bullshit by pointing out that they are crying poor while they are offering tax breaks for their wealthier citizens, which is not a sign that their budgets are hurting for federal dollars. And this is exactly the point—premiers have largely decided to make this the federal government’s problem, because they can get away with this particular lie. Legacy media will continue to take the line that so long as a single federal dollar is involved, this becomes a federal responsibility, which is not how this works. The crumbling healthcare system is not the federal government’s problem. They have done nothing but increase funding year over year. The provinces have created this mess, and in all likelihood exacerbated it deliberately in order to force the federal government’s hand in giving them a lot more money with no strings attached, but the federal government isn’t blinking, and is finally starting to call bullshit. Let’s see if legacy media actually catches on (but I have serious doubts they will).

Ukraine Dispatch, Day 259:

President Volodymyr Zelenskyy says he’s willing to negotiate peace—on his terms, and not Russia’s, but forestalled criticism Russia was levelling against him. Otherwise, there was more shelling in Bakhmut, and two civilians were seriously wounded by unexploded mines around Kharkiv.

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Roundup: The possible constitutional crisis Ford wrought

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The fallout of Doug Ford’s pre-emptive use of the Notwithstanding Clause to bigfoot labour rights carried on yesterday on a few different fronts. In Queen’s Park, the NDP’s interim leader and half of their caucus were ejected by the Speaker for calling Doug Ford a liar over his comments about the CUPE strike, and not retracting. And when one was ejected, another one did on their turn, and so on. This is becoming a problem in legislatures and the House of Commons federally, where it becomes difficult to call out blatant falsehoods because of the prohibitions from calling someone a liar, which has absolutely emboldened parties and elected officials in their respective legislatures at different times, but it’s really bad right now.

Federally, NDP MP Matthew Green tried to call for an emergency debate on this abuse of the power, but it was not deemed worthy, and I’m at a loss as to how it could be because this isn’t a federal matter, and there is nothing the federal government can legitimately do (and don’t say Disallowance, because that is a constitutional dead letter). Later in the day, Justin Trudeau had a call with Doug Ford to tell him that his pre-emptive use of the Notwithstanding Clause was “wrong and inappropriate,” but I’m not sure what more he can do about that, other than try and encourage enough public sentiment against Ford. After all, he likes to be the fun uncle, and if enough people are mad at him, he will back down. The question is sustaining enough anger and ensuring it is widespread enough for Ford to blink.

https://twitter.com/AaronWherry/status/1587989392383148032

Meanwhile, Andrew Coyne argues that federal disallowance powers should be revived to stop provinces’ abusive pre-emptive use of the Notwithstanding clause, and it’s a position I’m going to have to give more thought to, because in a limited way there could be an argument, but it would have to be very particular. I will also note that over Twitter, there has been some chatter that there wasn’t this disallowance talk with Quebec using the Notwithstanding Clause, which is wrong—it has been there, but it is usually met with the same reply, that it’s a constitutional dead letter, and you’re provoking a constitutional crisis. But the constant abuse may have provoked that very crisis, so it’s going to need some very careful consideration as to what next steps are, and what the unintended consequences may be.

Ukraine Dispatch, Day 253:

Russia is re-joining the deal to export Ukrainian grain through the Black Sea days after it pulled out of the agreement, saying that their security concerns have been met. Ukraine has officially denied being involved in the attack on Russian ships over the weekend, but president Volodymyr Zelenskyy says that Russia seeking security guarantees from Ukraine is a sign of how badly its invasion has gone for them.

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Roundup: Threats only matter when it’s your family

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The chatter yesterday morning was that the Diagolon crew talked on their online show about raping Pierre Poilievre’s wife just to prove that they could, and lo, Poilievre got angry, referred this to the RCMP, and called the Diagolon crew dirt bags and insisted he had never heard of this group before, even though he very clearly had, and had been playing footsie with them like he has with a bunch of other far-right extremists. And yes, it’s horrifying that they would make these kinds of comments—which they insist were just “a joke” and that they meant no harm (far-right extremists are always “just joking” until they’re not), but Poilievre only seemed to care about rape threats when they were directed as his family, and not, say, the female journalists who reported on his connections with Diagolon, for whom Poilievre decried as a “smear” and sent his flying monkeys after them, who were again subjected to all manner of graphic rape and death threats, which he has never denounced. You see where this is going?

https://twitter.com/TedFriendlyGuy/status/1574412812574769152

Ukraine Dispatch, Day 215:

It is apparently the last day of Russia’s sham referendum in occupied regions of Ukraine, while their forces have conducted drone airstrikes on the port of Odessa.

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