Roundup: What Stephen Harper knew

Some more explosive revelations last night, as Maclean’s acquired and published the internal emails of the Conservative campaign team when it came to their dealing with the matter of Rick Dystra’s nomination in the midst of his allegations that he sexually assaulted a staffer in 2014. Shortly after that was released, statements were put out by Ray Novak and then Stephen Harper himself to give their own versions of what they knew and the decisions they took at the time, and why they justified keeping Dykstra on (though he eventually lost his seat in the election).

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Amidst all of this, Jen Gerson has a very incisive column on the culture of politics, where sex and booze are the comforts of people away from their homes and families in a cloistered environment that has a frat-boy air to it all. And why nobody acts when it comes to allegations that “everyone knows” about, such as those related to Patrick Brown, is in part because gossip is part of that culture, and where information is power, compounded by the tribalism that comes with partisans who want to protect their own – while spreading dirt about their enemies – makes it difficult to know what to take seriously (and which is why the Erin Weir situation is probably an overreaction, whether justified or not). It’s a worthwhile read that tries to put the past couple of weeks in some better context than we’ve been getting with piecemeal stories coming out, and discussions around the environment on the Hill that don’t take cultural context into consideration as to why it persists beyond just simple power imbalances.

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Roundup: Procedural shenanigans beget the new anthem

There has been some drama in the Senate over the past couple of days as the procedural shenanigans to bring the national anthem bill to a final vote culminated in a motion to call the vote, and eventually that happened. The bill has passed, and the new national anthem will be law once the Governor General gives it royal assent. But the procedural moves have the Conservatives in a high dudgeon, somewhat legitimately.

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My understanding of events was that the main motion to call the vote has been on the Order Paper for months, and was finally called Tuesday night. This was a debatable motion, and likely would have sparked a few weeks of adjournments and debate, but ultimately would have delayed the vote for only that long. But a second, also legitimate procedural move was used by another Independent senator immediately following, and Speaker apparently didn’t hear Senator Don Plett’s desire to debate it. What I’ve been able to gather is that this was likely a mistake given lines of sight, but were compounded by tactical errors on the Conservatives’ part in demanding to debate the first motion and not the second (or something to that effect). Points order were debated last night, but they had agreed to end the sitting at 4 PM in order to have the votes at 5:30, and when they didn’t get unanimous consent to extend the sitting, debate collapsed and when 5:30 rolled around, the Conservatives boycotted the vote in protest. According to those I’ve consulted, the moves were all legitimate but messy, and have the danger of setting up bad precedent for not allowing debate on this kind of motion.

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The Conservatives in the Senate, meanwhile, are caterwauling that their democratic rights have been taken away, and there is talk about conspiracy between Mélanie Joly’s staff, and other threads that are hard to track when they’re throwing them against the wall like spaghetti. And while I share the concerns about bad precedent, I can’t say that I have too much sympathy because they’ve used (and one could argue abused) procedure for over a year to keep the bill at Third Reading, with the intent to ultimately delay it until it died on the Order Paper. They insist that they offered the chance to amend it to the more grammatically correct “thou dost in us command” rather than the clunky “in all of us command,” but I find it a bit disingenuous, because it was simply another delay tactic. And I’ve argued before that this continued tendency to use procedural tactics to delay bills is going to end up biting them in the ass, especially because it plays into Senator Peter Harder’s hands in his quest to overhaul the chamber in order to strip it of its Westminster character. The Conservatives are overplaying their hand, and it’s going to make it very difficult to drum up enough legitimate concern to stop Harder when crunch time comes, and they should be very aware of that fact.

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Roundup: The Hehr question

For the past few days, one of the same questions keeps being raised in light of everything that has gone on – with all of the resignations in light of sexual misconduct allegations, why is Kent Hehr still in caucus? I have to say that the policing of who is and is not in caucus by the pundit class is getting a bit crass, to say the least, the concern trolling over a lack of consistent practice is something that the commentariat should be trying to come to grips with, rather than exacerbating the situation with some blatant concern trolling.

Prior to this parliament, there was no process when it came to sexual harassment allegations against MPs. The process was explicitly that there was no process – MPs don’t fit under a workplace framework when dealing with one another, so the lack of process was to ensure that there was room for mediation between the parties involved, and things were dealt with quietly behind the scenes, so that there wouldn’t be partisan advantage taken of it. I can’t say how well it did or did not work, but things changed in 2014 with the Scott Andrews and Massimo Pacetti allegations. What changed was that Thomas Mulcair fully intended to make a partisan issue out of the allegation and had booked a press conference to denounce the MPs and Trudeau for not doing anything about the allegations that had been made directly to him. When Trudeau beat Mulcair to the punch and suspended the two MPs (who were later formally expelled), Mulcair had to instead shift tactics and accuse Trudeau of re-victimising the complainants, but those involved knew that Mulcair has readying his salvo and swift action needed to be taken. When the allegations about Darshan Kang surfaced (plus the allegation he offered to pay the complainant to keep it quiet), and were corroborated by those who had worked for him in provincial politics, Kang removed himself from caucus (and went on medical leave), but there’s been no indication that he was expelled by Trudeau.

When pressed about Hehr’s status, Trudeau noted yesterday that the party is trying to deal with things on a case-by-case basis, and there is a process in place now that didn’t exist before, and an investigation has been launched into Hehr’s activities. That Trudeau would try to respect the process put into place since the Andrews/Pacetti incident is likely a good thing, but this being politics, there is already partisan hay being made of this, with Erin O’Toole trying to paint this as Trudeau having changed his own rules. Because you know, why resist the urge to take partisan shots? And if Trudeau went around the process, you know that the question would be why he didn’t wait for the investigation – because damned if you do, damned if you don’t.

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QP: The Philpott connection

On a cold and blustery morning in Ottawa, MPs were raring to go with another go-around of QP. And true to form, Andrew Scheer got up, mini-lectern on desk, decrying that the PM didn’t take responsibility for his “illegal luxury trip” and he had taxpayers foot the bill to boot. Justin Trudeau insisted that he did take responsibility and would clear future trips with the Commissioner. Scheer railed that taking responsibility meant paying it back, and replayed the cheap outrage around a sedan that Jane Philpott hired back in 2016, deeming it a “luxury limousine.” Trudeau reiterated his previous response. Scheer wailed about the standard that Philpott was held to, and Trudeau didn’t engage, keeping to his points. Scheer demanded repayment, but Trudeau didn’t vary his answer. Scheer then brought up Trudeau’s speaking fees to charities several years ago, for some reason, but Trudeau stuck to his points about accepting the Commissioner’s recommendations. Guy Caron was up next, and demanded to know what concessions were made with signing the new TPP. Trudeau said that once the documents were translated, they would be made public. Caron switched to English to demand the same thing, and Trudeau repeated his answer. Ruth Ellen Brosseau demanded a plan to elect more women, and Trudeau stated that it was part of engaging women during the nomination process. Brosseau demanded proportional representation, but Trudeau wouldn’t bite on the notion.

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Roundup: The cause, not the cure

The particular turmoil of the Ontario Progressive Conservative leadership is difficult to turn away from, particularly given that right now it’s grappling with a fairly fundamental point about what is ailing our Westminster parliamentary system, which is the way in which we choose our leaders. Andrew Coyne lays it out really well in his latest column, which notes that another leadership contest won’t solve the party’s problems precisely because it’s the cause of those problems. And Chris Selley notes that with the inclusion of Doug Ford in this new race, that system of leadership selection is just as likely to result in a civil war within the party as it will do for anything else. (On a side note, Selley’s piece notes how Ford is attracting the evangelical endorsements in such an eerily Trump-like way).

Another point that Coyne gets to is this particular fetishization of the membership figures that Brown was able to attract to the party, but it ignores the fact that most of those who are signing up memberships have little connection to the party itself, and are little more than tools to be used by the leadership winner who sold them those memberships. And the point that I would add is that these memberships don’t actually strengthen the party because they’re being used to justify central control by the leadership rather than being a vehicle by which the riding associations are interlocutors between the grassroots and the caucus. These “rented” memberships are meaningless and do little to enhance the party, the way the chatter would otherwise suggest. If anything, they weaken the meaning of what the grassroots is supposed to represent. That’s why we need to get back to the proper working of a Westminster system, and restore caucus selection, so that we can reinvigorate the meaning of the grassroots.

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Roundup: Protected nominations and the suffocation of the grassroots

Oh, Liberals. You’ve really gone and done it again, haven’t you? All of your grand talk about respecting parliament, and now you’ve decided that you’re going to go and protect the nominations of your incumbent MPs, so long as they meet a set of criteria that, while better than nothing, is not all that onerous. Never mind that four years ago, it was all about how open nominations were about community leaders devoted to community service, but now? Now it’s about ensuring that your MPs simply have a big enough war chest and participate in a bare minimum of door knocking over the course of a year. You’d think that with this list of requirements, ensuring that there still remains an actual nomination process wouldn’t be too difficult – after all, if the excuse is that they’re so busy in Ottawa that they can’t be also running for their old jobs, then ensuring that they’re still doing the work that would be associated with a nomination process seems like a pointless self-inflicted black eye, no?

I’m not going to re-litigate this too much, but I wrote about why protected nominations are a Bad Thing in Maclean’s last year, but it really boils down to one basic concept – accountability. The biggest reason to ensure that there are open nominations is to ensure that a riding can hold their incumbent to account without needing to vote for another party to do so. Protecting nominations removes more power from the grassroots party members and enshrines it in the leader’s office, which is exactly the opposite of what should be happening. (And yes, Trudeau has centralized a hell of a lot of power, especially after pushing through the changes to the party’s constitution). And by imposing those thresholds to ensure that the nomination is protected, it creates incentive for the incumbent MP to treat that riding association like a personal re-election machine, rather than a body that holds that MP to account at the riding level.

To be clear, this isn’t just a Liberal problem. The Conservatives also set a fairly high bar to challenge incumbent nominations, some of which we’ve seen in recent weeks, but that’s been accompanied by rumblings that some of these challenges have been stickhandled out of the leader’s office, which is even more distressing for grassroots democracy. The erosion of grassroots democracy is a very real crisis in our political system, but most people don’t understand what these changes mean, more content to chide the Liberals for broken promises about open nominations than be alarmed at what the bigger picture result is. It’s a pretty serious problem, and it’s bigger than just a broken promise.

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Roundup: On leaders, interim or “parliamentary”

In the wake of the Patrick Brown resignation, the Ontario PC caucus gathered behind closed doors to name Vic Fedeli as their “parliamentary leader,” a term that irks me to no end. Fedeli came out and called himself “party leader” rather than “interim” or “parliamentary,” clearly signalling that he wanted this to be permanent going into the election, but within hours, the party insisted that they would indeed hold a full leadership contest to be concluded by March 31st, where the party membership would vote on a leader (and yes, Fedeli will be running while still acting as the interim/“parliamentary” leader).

The adoption of the term “parliamentary leader” is recent, and as far as I know was only first used by the NDP to give a name to what Guy Caron is doing as Jagmeet Singh’s proxy inside the Commons while Singh refuses to get his own seat, and generally avoids being in Ottawa as much as possible. Caron is left to be the de facto leader, even going so far as to make key decisions around staffing in the leader’s office in Ottawa, which would seem to make him de jure leader as well and Singh to be some kind of figurehead, wandering the land. But why it’s offensive as a concept is because it attempts to normalize this notion that the leader isn’t in the parliamentary caucus – something that is an affront to our Westminster system. The Ontario PC party using this term both affirms the use of this term, and opens up the notion of a similar arrangement where a new leader could be chosen by the membership while not having a seat, further taking us down this road to debasing our system.

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Mike Moffatt, meanwhile, has the right idea – all leaders should be considered “interim,” because they should be able to be removed at a moment’s notice by the caucus (given that the caucus should select the leader, and that the leader should live in fear of the caucus). What happens instead with electing leaders by the membership is that they feel they have a sense of “democratic legitimacy,” which they feel insulates them from accountability, and they wield their imagined authority over the caucus, meaning that it’s the caucus who has to fear the leader instead of the other way around – especially if the rules persist that the leader signs their nomination papers. That’s not the way our system was designed to function, and it’s caused great damage to our system, and it gets worse as time goes on, with each iteration trying to turn it more and more into a quasi-presidential primary. The way the Ontario PC party has had to deal with this Patrick Brown situation within the context of their bastardized rules (and fetishizing the 200,000 members signed up in their last leadership contest, the bulk of them by Brown and his team) is utterly debasing to Westminster parliaments. More than anything, the events of the past week should be an object lesson in why we should restore caucus selection, should anyone be listening.

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Roundup: Hehr out of cabinet

In the hours that the drama around Patrick Brown was playing out, another accusation was levelled over Twitter, this time around Liberal cabinet minister Kent Hehr, which seems mostly to involve lewd suggestions he made to female staffers in private during his time as an MLA in Alberta. When news of that reached Davos, Justin Trudeau said he would follow-up and have an answer before they left the country. And just before the plane took off, we had our answer – Hehr had tendered his resignation from cabinet, and during his “leave of absence,” Kirsty Duncan would take over his responsibilities while an investigation was carried out. Hehr remains in caucus, no doubt pending the results of that investigation. Maclean’s spoke with Hehr’s accuser here.

Politically, it’s fraught for Trudeau given that both of his Calgary MPs – both of them veterans of the Alberta Liberal Party – have been taken down by allegations of sexual misconduct. And in a related story, the investigation promised into Kang’s actions has not contacted one of his accusers, however many months later, and that goes for both federal and provincial investigations.

Speaking of Brown, here’s a detailed look at how Wednesday night played out, and some further conversations with his accusers. One of Brown’s (former) deputy leaders called the incident a “hiccup,” and later had to apologize for it.

Meanwhile, Supriya Dwivedi talks about politics’ #metoo moment, and the fact that the Bro Code is breaking down, while Aaron Wherry talks about how #metoo has arrived on Parliament Hill. Chris Selley looks at the path ahead for the Ontario PC party in Brown’s demise, and it’s a messy path given the rules in the party’s constitution, with just four months to go before the election.

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Roundup: Baillie and Brown gone

While provincial politics are not my bailiwick, we had a couple of very big developments in two different provinces yesterday. The first was that Jamie Baillie, leader of the PC party in Nova Scotia, was forced out over sexual harassment allegations that came out after an independent investigation, resigning his seat immediately. And in Ontario, graphic sexual harassment allegations were made against PC leader Patrick Brown dating back to his days as an federal MP, and Brown called an emergency press conference to deny the allegations, but was quickly met with a string of staff resignations, plus calls from his own caucus to resign (while federal leader Andrew Scheer slightly underbussed him, without actually coming out to actually say so). Around 1:30 AM, Brown offered his resignation as leader (but not as MPP).

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Part of what interests me in this is less the day of reckoning for sexual misconduct, but yes, that is happening, and perhaps now those smirking Conservatives who insist that the Liberals are the party of sexual harassers, owing to the fact that they’ve ousted theirs rather than swept it under the rug, will see that this is very much not the case. Rather, it’s the mechanisms in each party around what happened. With Nova Scotia, the party ousted the leader (who, admittedly, had already announced his intention to resign but planned to stay on until a successor was chosen; he is now out completely). In Ontario, their provincial party constitution doesn’t give them that option. And this really boils down to the way in which we have moved to a system of “democratic” elected leadership contests rather than caucus selection, where leaders can be deposed and replaced in a single vote, and have that accountability mechanism be right there, at all times.

This will, no doubt, renew calls for “formal mechanisms” in parties to depose leaders, and calls for more Michael Chong-esque “Reform Act” laws that will simply protect leaders by putting a high bar to depose them, rather than the current system, where shame and public pressure can force a resignation in a hurry once one or two caucus members go public. (In this, Paul Wells notes that politics is the “art of the possible”). None of this disguises the fact that the root cause remains the broken system of selection. We need to return to caucus selection if we want leaders who are afraid of their caucus, and not the other way around. Because we could see more of these kinds of incidents in the months to come, and the alternative is to have an endless series of interminable, expensive leadership contests where accountability remains out of reach.

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Roundup: Kellie Leitch’s long farewell

The news went around last night that former Conservative leadership candidate and now backbench denizen, Dr. Kellie Leitch, has decided that she won’t run again in 2019. She is not the first current Conservative facing a nomination challenge not to run again, and there has been a whisper campaign going around that the leader’s office is organizing this push for contested nominations, leading to at least one other MP opting not to run (and in that case, there were some fairly large questions looming around why an Ontario staffer was choosing to contest the nomination of an Alberta riding that he didn’t live in). Despite this, the writing was on the wall, and Leitch’s disastrous leadership campaign sealed her fate.

With this in mind, I have to say that I’m a little troubled by some of the characterisations in John Ivison’s piece about Letch’s decision. In particular, he describes how Leitch, a progressive Conservative (and I have heard this from a number of conservative operatives, many of whom are gay, who had nothing but high praise for the good doctor in the years before her leadership bid), had fallen “under the spell” of Nick Kouvalis, who apparently convinced her to tack alt-right if she wanted to win the leadership. Considering that Kouvalis was in and out of positions of authority in the campaign after his need to go to rehab partway through, I think this perhaps gives him a little too much credit for Leitch’s series of bad decisions. She saw something in the Trump victory and the lead up to it and thought that she would be able to tap into that, and miscalculated the differences in how it manifests between our two countries. At least she’s owning up to that and not giving more tears about how she was wrong to do it (like she did with the Barbaric Cultural Practices Tip Line). And it’s not like she didn’t have other blind spots, like the utter lack of EQ when it comes to dealing with people on a personal level (and I had one Conservative commentator refer to her on background as a “psychopath” that people would never warm up to, and lo, they did not).

The other thing that I will note that Leitch’s run did was reiterate for me just how broken our country’s leadership selection process has become. She never would have made the calculation if she didn’t think she could mobilise a voter base outside of the caucus, courting the ugly side of populism. Meanwhile, swaths of ostensible NDP and Green voters took out Conservative memberships in order to ensure that Leitch didn’t win, and while she didn’t get more than seven percent of the vote, the putative favourite of those temporary Conservatives, Michael Chong, didn’t do as well as Brad Trost (who is also facing a nomination challenge and may himself soon declare that he too won’t run again if the pattern holds). Taking out party memberships for the sole purpose of ensuring someone you don’t like doesn’t get in is nothing short of perverse in terms of the meaning of what those memberships are supposed to hold, and it demonstrates how the process is hopelessly broken. Leitch would never have become such a caricature under a proper caucus-driven leadership selection system.

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