Tag Archives: Undermining Parliamentary Democracy

Roundup: Unnecessary closure, and problematic reports

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The new session of parliament is not yet a week old, and it is already mired in shenanigans, and this government is the author of so many of its current misfortunes. Right out of the gate, the Liberals declared Bill C-4 to be a matter of confidence and invoked closure – not time allocation, but actual closure – which of course ate up hours in debate on the motion followed by an hour-long vote. They got their closure motion because the NDP sided with them, but wait – the Conservatives moved a motion to concur in a (problematic) report from the Ethics Commissioner about former MP Joe Peschisolido, citing that he broke the Conflict of Interest Code for MPs, and said motion would also call on Peschisolido to write a formal apology to the Commons. This motion passed with NDP support, which further delayed the debate on C-4, thanks to more hour-long votes, and C-4 wasn’t expected to pass until at least 3 AM (by which time this blog has been put to bed). And to think that this could have been avoided by a) not proroguing for five weeks, and b) not ham-fistedly ramming more legislation through the Parliament. But this government seems intent on not learning any lessons.

As for that Ethics Commissioner’s report, well, it shouldn’t actually exist, because Peschisolido hasn’t been an MP for over a year, and he’s not covered by the Conflict of Interest Act because he wasn’t a public office-holder. As an MP, he was subject to the MPs’ Conflict of Interest Code, which is part of the Standing Orders, and thus not applicable to him since he’s no longer an MP, and Mario Dion doesn’t seem to grasp this basic and fundamental fact that is at the heart of his duties. This is a problem (and the former Commons Law Clerk agrees). Also, calling Peschisolido to apologise to the House is also a problem, given the report is out of order and the Commons doesn’t actually have the power to compel him. So, yeah. This is not a good look for anyone.

Meanwhile, down the street, the Canadian Senators Group is completely fed up with having bills rammed down their throats with no time for them to actually do their jobs and study them or offering amendments, because everything is an “emergency.” To that end, they will be moving a motion in the Senate that until the end of the pandemic, all legislation will require a minimum of one week’s worth of debate in the Senate before it will be passed. It’s bold – but they are absolutely right to insist on it. I can easily see both the Conservatives and the Progressive caucuses in the Senate signing on, but the real question will be the Independent Senators Group, and how many of them will feel beholden to the prime minister. Trudeau gets to reap what he’s sown with his “independent” Senate, and I’m quite hoping that this makes him as uncomfortable as possible.

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QP: Calling out the ramming through of bills

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Things were late in getting started thanks to a lengthy “hybrid” vote, and they skipped members’ statements in order to make up time (though Peter Julian made a valiant attempt to go through with them anyway). Candice Bergen once again led off, and she lamented that the government was “disinterested” in helping small businesses. Justin Trudeau listed assistance programmes that they had to help them, and did note that the commercial rent subsidy was not federal jurisdiction so it wasn’t working as well as they had hoped. Bergen then (correctly) railed that the government was ramming through emergency legislation without adequate consultation, to which Trudeau praised the collaboration between parties to get things right, before accusing the Conservatives of playing politics. Bergen lamented the government hiding from their scandals, to which Trudeau lashed out that the Conservatives wanted to deal with WE Charity while they government was dealing with the second wave. Gérard Deltell was up next, to quote a tweet from Andrew Leslie about the government limiting debate when it didn’t happen during the two world wars. Trudeau offered some bland reassurances about working together. Deltell lamented that debate was being limited again for C-4, for which Trudeau repeated the line about working together instead of playing petty politics, and gave a shoutout to Canadians to avoid the COVID Alert app. Alain Therrien was up for the Bloc, and he lamented that Quebec City and Montreal were back in the the “red zone” before he demanded higher health transfers, to which Trudeau pointed out that they did increase transfers and just sent them $19 billion in the Safe Restart Agreement. Therrien got shouty in his demand for transfers, and Trudeau reiterated that they did transfer billions already. Jagmeet Singh was up next, and in French, he lamented that the deficit was so high because he was afraid the government would lead to cuts, before demanding a wealth tax. Trudeau reminded him that the first thing that his government did was raise taxes on the top one percent, and that the NDP voted against it. Singh repeated the question in English, and Trudeau repeated his answer in English.

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Roundup: A continued abuse of process

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The myriad ways in which this government continues to abuse process for the sake of expediency in the face of the current pandemic never ceases to amaze. After the unnecessary five-week prorogation during which things could have been accomplished, the government needed to act with alacrity to get the CERB replacements out the door, and this meant very little time for a proper legislative process – and that should have been a red flag right there. They introduced their bill, and then set about ensuring additional negotiations with the NDP that required amendments to said bill. But rather than go through a proper amendment process, the government simply tabled a new, tweaked version of the same bill, and then pushed through a motion to see it fast-tracked through the Commons with a mere four-and-a-half hours of debate and no committee process, so that it can pass in a single day – today – and head to the Senate tomorrow for rapid passage and royal assent.

This is not normal. This is not good. The Conservatives even put forward a motion last week that would see the Commons meet on Sunday so that they could do Committee of the Whole and maybe even have a proper amendment process as part of that, but the Bloc denied consent. Rather than negotiate and try again, they went with this route instead, which is a problem. This kind of nonsense may have made a limited amount of sense for the emergency legislation that passed through the early part of the pandemic when Parliament was ostensibly suspended, but it’s not suspended any longer. And the opposition parties have largely stated that they don’t want to be seen as impediment to getting people their needed benefits, so it’s not like a proper process would drag on forever – maybe an extra day to do things properly. But no.

My patience for this state of affairs is pretty much exhausted. There is no reason why we shouldn’t be running proper legislative processes, and why Parliament can’t bubble and operate in a largely normal capacity like they should be. These shenanigans are weakening Parliament, and it’s not a good look.

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Roundup: The toxic environment at Rideau Hall

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The big news last night was that the CBC had staff on the record about the climate of harassment and verbal abuse that has emerged at Rideau Hall since Julie Payette became Governor General, and her friend Assunta Di Lorenzo her Secretary. It’s not actually surprising – there are three years of stories coming out of Rideau Hall about the atmosphere getting increasingly toxic and that Payette’s behaviour has been mystifying at times – that she doesn’t want to do some of the ceremonial aspects of the job, and wants to have an active hand in portions of the job where she shouldn’t. My own sources have been saying that Payette and Di Lorenzo are “erratic,” and that most people can’t deal with them. Staff has left Rideau Hall in droves. All of the indications are that it’s a sick workplace – but Payette put out a press release saying that this is all news to her because nobody has complained through the official process (which isn’t really a complaint mechanism because it all goes back to Di Lorenzo and ultimately Payette). And if you need convincing, here are three years of stories (thread), including some of my own.

Ultimately, this is Justin Trudeau’s responsibility because he appointed her without due diligence that she would be suitable for the role. The fact that he did away with the vice-regal appointments committee in order to listen to his own inner cadre about Payette as a choice is pretty much the exact kind of thing we’re seeing with the WE Imbroglio playing out right now – nobody bothered to exercise critical judgment, and instead all went along nodding and drinking more of the Kool-Aid, and lo, a bad decision was made – and one that ultimately damaged one of our parliamentary institutions. It also is now up to Trudeau to do something about the situation, whether it’s managing Payette and Di Lorenzo and working on a plan to transition them out, or if they won’t go, calling up the Queen and asking her to dismiss Payette (which is a last resort because the first rule of constitutional monarchy is you don’t get the Queen involved). Any way you look at this, it’s not good, and it’s yet another black mark on Trudeau’s record.

Here’s Philippe Lagassé on the options available to dealing with Payette. And if you want to know more about the former vice-regal appointments commission and the role of the Secretary to the Governor General, and why Di Lorenzo’s appointment has been a problem from the start, read my chapter in Royal Progress: Canada’s Monarchy in the Age of Disruption, and learn more about it.

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Roundup: Referenda as a subversion of parliamentary democracy

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Over in Alberta, a new bill has been tabled that amends the province’s enabling legislation to run referenda, and upon reading what’s in the bill, the NDP critic immediately sounded the alarm on what’s in the bill – that it gives the premier sole power to determine whether or not these referenda are binding, the timing, and the wording of the referendum question, and more to the point, it allows for third parties to spend as much as $500,000 in advertising – and they won’t be audited if they spend under $350,000. (Remember that in the province, during a general election, third parties can only spend $150,000 on advertising). And when said critic labelled the bill as “undemocratic,” she has been ridiculed by the premier, justice minister, and any number of halfwits over social media who insist that there is nothing more democratic than a referendum.

They’re wrong. Referenda are actually deeply undemocratic.

Why? Because anytime there is more than two simple alternatives being put to the public – and alternatives are never simple or binary – then there isn’t actually a clear question being put forward, or a clear choice involved. And at the end of the process, the government then gets to interpret those unclear results as they see fit, which is actually a means by which the premier (or equivalent – this is the case with any referendum) simply uses those results to strengthen their own control. They use the façade of putting the decision to the people to tighten their own grip on power, and democracy as a whole suffers, especially because it reduces the role and function of Parliament (or provincial legislature in this case). I would recommend that people read The Will of the People: A Modern Myth by Andrew Weale, which, while predicated on the Brexit referendum, lays out why these exercises diminish Parliament. It’s important that people understand what exactly Kenney is doing by bringing this forward.

More to the point, the reason why Kenney is bringing this bill forward is advancing the agenda of his “Fair Deal Panel,” which aims to hold referenda on things like equalization (which can’t actually do anything), opting out of the Canada Pension Plan in favour of a provincial model (which should raise alarm bells considering how the province’s existing pension plan has made a series of bad decisions), or any other number of the Panel’s recommendations for opting out of federal institutions in favour of more costly provincial ones out of spite, or as a make-work project. It’s deeply cynical, and as we’ve established, actually undemocratic wearing the guise of populist democracy, and Kenney is going to do untold damage to the province with these tools at his disposal, but people won’t care because they’ve been fooled by his rhetoric. It’s all deeply concerning, but unless the province’s opposition can up their game and actually make cogent arguments to the public, then Kenney will continue to steamroll over them.

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Roundup: That 21-second pause

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Sometimes the news out of prime minister Justin Trudeau’s daily pressers is unexpected, and yesterday was no exception. After first acknowledging that he would be speaking more on the situation with anti-Black racism in the House of Commons later, Trudeau turned to the subject of the government’s efforts to procure more personal protective equipment and the industry retooling to supply it domestically in Canada. But none of this was the actual news. It was during the Q&A that, after a question on Hong Kong (Trudeau: We are very concerned because there are 300,000 Canadian citizens there), he was put on the spot about what Donald Trump is doing in the US, and what Trudeau’s silence in not denouncing it says. And then Trudeau paused. Gathering his thoughts, for twenty-one seconds, there was uncertainty as to what was going on in his mind, when he finally spoke about the “horror and consternation” of what was going on in the US – but he was very diplomatic and not calling out Trump on anything specifically. There is a relationship to manage there, especially during this global pandemic. When asked about Israel, Trudeau reiterated the support for a two-state solution and that he is “concerned” about annexation plans into Palestinian territory and that he told both prime ministers of that country (because there are now two) about it personally. He was also was asked about the MMIW Inquiry report and its finding of “genocide,” and Trudeau prevaricated somewhat, using the term “cultural genocide” before talking about the need to do better and work on the road to reconciliation, but wasn’t going to allow himself to be drawn into using other language.

A short while later in the Commons, Trudeau stood to give his speech on racism, and made sure that he had MP Greg Fergus and minister Ahmed Hussen in the frame behind him – because it’s always about optics. Nevertheless, he stated that he didn’t want to be another white politician lecturing about racism, and said that not being perfect is not an excuse for not doing anything, before he listed actions his government had taken in engaging the Black community, for what it’s worth.

Andrew Scheer gave a far more predictably milquetoast denunciation of racism, name-checking convenient names for his narrative along the way, like Lincoln Alexander and John Ware. But in his denunciation of racism – including anti-Asian racism and anti-Semitism along the way in light of a recently vandalized synagogue, he kept going on about peaceful protests over riots, and the importance of freedom, singling out economic and religious freedom. There was zero awareness from Scheer about structural racism, or self-awareness in how his party’s “tough-on-crime” fetishism contributes to over-policing at the heart of these protests.

Yves-François Blanchet was less equivocal than Scheer, going on about the anthropology of there being no such thing as race and that racism was about othering – but then stated that the Canadian and Quebec governments “weren’t racist” (erm, you do know what Bill 21 in Quebec was all about, right?) before saying that there may be “traces” that create systemic barriers. And then this shifted to a demand to process the claims of certain asylum seekers (because there’s nothing like the reliance on low-wage and untrained labour that is a direct beacon to the systemic barriers that these very minorities face) before citing that peaceful protests were legitimate and violent ones were not.

Jagmeet Singh kept saying that the government needs to make concrete action instead of making “pretty speeches,” and that the prime minister has the power to do things beyond words, demanding things like ending racial profiling, ending the over-policing of Black and Indigenous bodies, subsequent over-incarceration of Black and Indigenous people, and the need for race-based data. But as Singh can’t even grandstand properly, when he was up to question Trudeau several minutes later in the special committee, he seemed to indicate that things like ending racial profiling could be done with the snap of a finger, and when he demanded that boil water advisories be lifted in First Nations communities, Trudeau reminded him that they are on schedule for doing just that.

Elizabeth May closed out the speeches by naming as many Black and Indigenous deaths at the hands of police that she could recall, before talking about the cyclical nature of these kinds of denunciations every few months, acknowledging her white privilege, denounced Trump, and called on the government to root out white supremacist groups as a terrorist threat, particularly within police forces in Canada.

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Roundup: MPs and their “new normal”

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Over the weekend, we saw a few pieces that were attempting to put the House of Commons’ current situation into context, both along with how some provinces are handling their own situations in the current pandemic context, but also just getting a bit of a sense from MPs themselves. There is a sense that these hybrid committee meetings are “better than nothing,” with some of those MPs acknowledging that actual in-person sittings are better for the sheer fact that one can often talk to a minister about an important file just by showing up, or that a lot of the real work gets done in the lobbies and corridors and not in the chamber itself, which is great to see – it’s not just about the performative questions, though that is what the government and its allies have reduced the Commons to, with no real appreciation for the lack of oversight for the massive spending being pushed through.

That said, we also need to be very wary of those who will try to use this opportunity to push their agendas – those who go on about how the “old normal” wasn’t working in Parliament, and hey, isn’t this an opportunity to push through reforms that they couldn’t before. The problem is that a lot of those proposed reforms were simply bad and would make the House of Commons a far worse place, because they completely misunderstood what the problems were and continue to be. Nevertheless, we’re going to see many attempts by some of those same MPs to not let a good crisis go to waste, so you can bet there will be no shortage of these proposals going forward.

Meanwhile, with all of the attention on the protests in the US (and a few in Canada as well), here was a worthwhile thread from social development minister Ahmed Hussen:

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Roundup: Not the provinces’ cash cow

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Everything got off to an earlier start yesterday, beginning with the ministerial presser, during which Marc Miller announced another $650 million being allocated to Indigenous communities for healthcare, which would also include added income supports for those living on-reserve, as well as some $85 million to build new shelters for women on reserves. Marc Garneau also announced that the ban on cruise ship docking in Canadian waters was going to be extended to October 31st, which will impact the economies of these communities, but also limits potential vectors for the pandemic. When pressed about the issue of airline ticket refunds, Garneau reiterated the warning that the sector could fail if they were forced to refund all of the tickets, though later on, prime minister Justin Trudeau indicated that there were talks ongoing.

For his presser, Trudeau started off by talking about his teleconference with the premiers and spoke about sick leave being one of the items on the agenda, and it was later in the Q&A that he said that he was offering for the federal government to assume most of the responsibility for the costs, rather than putting it on business owners, but it sounds like some premiers remain rather cool to the idea. After reiterating the earlier Miller/Garneau announcement, Trudeau took questions, which included mention that he was trying to get premiers to agree to some modified orders at the Canada-US border that would allow family reunification, such as cases like the Canadian woman who was trying to get the American father of her unborn child into the country before she gave birth – but again, there are premiers who are not keen. After the questions, Trudeau then gave an unprompted statement on anti-Black racism as a result of what’s going on in the US – that there is a need to stand up as a society, that there needs to be more respect, and that we have work to do as well in Canada. He called on all Canadians to stand together in solidarity, as they know how deeply people are being affected by what we are seeing on the news.

Something else raised in Trudeau’s Q&A was a letter sent to him by five of his Toronto-area backbenchers, calling on him to lead the country in national standards on long-term care, and to press Ontario for a full public inquiry into what happened with the breakdown in care (which I maintain won’t tell us anything we don’t already know). Trudeau praised them for their efforts, and talked about the ongoing talks with provinces, but two of those MPs were on Power & Politics later in the day, and something that I was also glad to hear was Judy Sgro saying that while they wanted federal leadership, they both were respecting that this is provincial jurisdiction and they also didn’t want the provinces treating the federal government like a “cash cow” when you have premiers like Ford demanding more federal funds to fix their own long-term care mess. My own patience for provinces crying out for federal funds to fix the problems in their own jurisdiction is wearing mighty thin, particularly as most of those provinces have broad taxation powers at their disposal (though some of those provinces have less tax room available to them – Ontario, however, is not one of them). Premiers don’t want to have anything on their books and would rather it come from Ottawa’s, so that they don’t have to look like the bad guy when it comes to paying for their own programmes – never mind that there’s really only one taxpayer in the end.

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Roundup: The opposition kneecaps itself

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In case you were wondering, yes I’m still upset by the move to keep regular Commons sittings suspended in favour of these showboat “hybrid” committee sittings, while the government continues to pat itself on the back for all of the questions they’re letting the opposition ask as they let the substantive work of Parliament slide. And while this particular piece talks about the “image politics” of Trudeau using his Rideau Cottage briefings, there was little discussion about how these somewhat farcical committee meetings – especially now that they have the gloss of the Chamber in this “hybrid” capacity – can let Trudeau keep crowing about how much he respects Parliament because low-information votes (enabled by low-information journalists who seem incapable of determining the difference) see the gloss of the Chamber and think that the Conservatives are just being big babies about it all.

This particular op-ed by professor Lori Turnbull makes some very salient points about the fact that our opposition was already weak – the Conservatives hobbled by their leadership contest (though I would argue that Andrew Scheer’s particular brand of political ineptness certainly made that situation worse), the NDP having lost their national relevance (again, Turnbull is being polite in not calling out Singh’s particular lack of ability), and the Greens’ irrelevance – and yet they’ve managed to kneecap themselves even further by giving away the tools they had at their disposal, like Supply Days and private members’ legislation. It’s kind of embarrassing, really.

Meanwhile, while this is going on, the Senate opposition leader, Senator Don Plett, is calling for the Senate to return and start sitting two days a week to start doing some parliamentary work including weekly questioning of ministers. Plett is calling for in-person sittings with about 40 senators in the Chamber at a time, and proportions are likely under negotiation right now, but it might allow for the Chamber to finally get some of its housekeeping out of the way like getting committees agreed to (now that the Progressives are a viable force again and aren’t at the mercy of ISG leader, Senator Yuen Pau Woo, as he tried to deny them committee seats), and perhaps the Chamber could give those committees their orders of reference so that they can start doing some work. It would be fitting if the Senate could start showing up the Commons, as they are wont to do – provided that it doesn’t simply devolve into endless back-patting, which is a danger with some of the newer members.

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Roundup: A horrific report

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The theme of the day was set from the start of prime minister Justin Trudeau’s daily presser – that the military deployed to long-term care in Ontario had found troubling cases of abuse and neglect, and that Trudeau immediately forwarded on those concerns to premier Doug Ford. Trudeau then went on to talk about their contract with GM in Oshawa for more face masks, and spoke about the other partnerships for things like more ventilators and other equipment. Trudeau also spoke about funding up to 700 youth jobs in the agriculture sector, and that he was convening a meeting with the UN Secretary General and the prime minister of Jamaica as part of an international push to ensure poverty reduction as a result of the pandemic. During the Q&A, Trudeau was asked repeatedly about the request to fast-track the claims of asylum seekers who were working in long-term care facilities, and he spoke about trying to find flexibility (but apparently not about the fact that it’s hugely problematic that facilities are hiring these extremely low-wage and largely untrained workers). When asked about the pending Meng Wanzhou extradition verdict, he said that the great thing about our justice system is that governments don’t have to apologise for it. And when asked further about the report on those long-term care facilities, Trudeau reiterated that this was a provincial matter, but that the federal government needed to be “part of the conversation” going forward.

A short while later, Doug Ford released the report, then wrung his hands about how terrible it was, and how he vowed he was going to take action – kind of like he promised that they would ensure there was an “iron ring” around these facilities, and well, that didn’t exactly happen either. And he talked tough, saying that the people who ran these facilities could face charges, but his government did cut back on inspections, so he has to wear that one too. And while he mouthed the words about taking responsibility for the situation, in the same breath Ford blamed his predecessors, and then said he was going to need “federal help,” which translates to “I don’t want to have to pay to fix this,” and he wants to put this on the federal books instead of his own. Because that’s what always happens. The NDP opposition in Ontario was also making itself useless by demanding a full public inquiry, which won’t tell us anything we don’t already know, especially as we’ve just had another public inquiry on long-term care home deaths in this province, and it will simply be a justification to delay action, possibly permanently.

Meanwhile, the NDP and Greens voted in the House of Commons to prop up the Liberals’ motion to carry on with the useless “special committee” hearings rather than proper sittings of the Commons, which also included provisions that means that they will rubber-stamp some $150 billion in spending on June 17th without a proper legislative or committee process, essentially abandoning their fundamental duties as MPs. Slow clap, guys. Slow clap.

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