Quotulatiousness

February 11, 2013

Senate report calls for tariff cuts

In the Financial Post, Terence Corcoran looks at the good and not-so-good aspects of a recent Senate report on the reasons Canadians pay so much more for goods than Americans (even when the goods are identical and the currencies are trading at par):

Retail prices in Canada, seemingly across the board, are higher. Even with the Canadian dollar at par, the price of everything from running shoes to televisions and Chevy Camaros to books is said to be above U.S prices. One bank report once put the Canada-U.S. price gap at 20%.

Somebody’s gotta do something, everybody agrees. Enter the Senate committee with one of the most hard-nosed, market-driven overviews of how and why Canadians pay more for goods at retail. The report dodges and fudges some key issues, especially farm product supply management, which was seen by the committee and the retail industry as too politically hot to handle.

[. . .]

Even in this, however, the committee pulls its first punch. The recommendation to “review” such tariffs — watery phrasing in itself — also suggests “keeping in mind the impact on domestic manufacturing.” Sorry, folks, but you can’t have it both ways. Tariffs are protectionist devices for manufacturers that consumers pay for. If you want to reduce the price to consumers, the $3.9-billion in protection for manufacturers has to go. End of discussion.

What makes The Canada-USA Price Gap even more valuable is its compact insights into the many causes of higher retail prices in Canada. The economy is a complicated and often unfathomable series of market and price relationships beyond the power and even understanding of policy makers. The report recognizes that fact time and again.

A boxplot of First Nations misery

Filed under: Cancon, Economics, Government — Tags: , , , , , — Nicholas @ 09:17

Over the weekend, Colby Cosh posted this depressing box-and-whisker plot (aka “boxplot”) from statistical data on First Nations communities:

First Nations boxplot

Why did I want to look at this information this way? Because Canada actually performed an inadvertent natural experiment with residential schools: in New Brunswick (and in Prince Edward Island) they did not exist. If the schools had major negative effects on social welfare flowing forward into the future we now inhabit, New Brunswick’s Indians would be expected to do better than those in other provinces. And that does turn out to be the case. You can see that the top three-quarters of New Brunswick Indian communities would all be above the median even in neighbouring Nova Scotia, whose FN communities might otherwise be expected to be quite comparable. (Remember that each community, however large, is just one point in these data. Toronto’s one point, with an index value of 84. So is Kasabonika Lake, estimated 2006 population 680, index value 47.)

On the other hand, and this is exactly the kind of thing boxplots are meant to help one notice, the big between-provinces difference between First Nations communities isn’t the difference between New Brunswick and everybody else. It’s the difference between the Prairie Provinces and everybody else including New Brunswick — to such a degree, in fact, that Canada probably should not be conceptually broken down into “settler” and “aboriginal” tiers, but into three tiers, with prairie Indians enjoying a distinct species of misery. (This shows up in other, less obvious ways in the boxplot diagram. You notice how many lower-side outliers there are in Saskatchewan? That dangling trail of dots turns out to consist of Indian and Métis towns in the province’s north — communities that are significantly or even mostly aboriginal, but that aren’t coded as “FN” in the dataset.)

I fear that the First Nations data for Alberta are of particular note here: on the right half of the diagram we can see that Alberta’s resource wealth (in 2006, remember) helped nudge the province ahead of Saskatchewan and Manitoba in overall social-development measures, but it doesn’t seem to have paid off very well for Indians. This isn’t a surprising outcome, mind you, if you live in Alberta; we have rich Indian bands and plenty of highly visible band-owned businesses, but the universities are not yet full of high-achieving members of those bands, and the downtown shelters in Edmonton, sad to say, still are.

February 8, 2013

PM’s long awaited (ghostwritten) book on hockey to be published in the US due to Canadian publishing regulations

Filed under: Books, Cancon, Media, Sports — Tags: , , , , — Nicholas @ 09:47

A double-whammy from the Globe and Mail‘s John Barber: due to protectionist media rules brought in during the Mulroney years, Prime Minister Stephen Harper’s book on hockey — ghostwritten by G&M columnist Roy MacGregor — will have to be published outside the country. Inline Update: The G&M has retracted the claim that the book was ghostwritten. Thanks to commenter Dwayne for the update.

Prime Minister Stephen Harper’s upcoming book on the history of professional hockey will be published in the United States rather than Canada because of prohibitions embedded in the government’s own cultural policy.

Simon & Schuster, the U.S.-based company chosen to publish the English-language edition of the Prime Minister’s book, is banned from publishing books in Canada under the Investment Canada Act. But the act does permit foreign-owned companies to distribute titles they have published in their home territories.

A single edition edited and printed in the U.S. will likely appear simultaneously in both markets, so Canadians will not have to wait to buy a copy.

“It’s ironic that he is publishing with a company that is forbidden by his government to have a Canadian publishing program,” Toronto literary agent Denise Bukowksi said. “But if North American rights are contracted in the U.S.A., they can get away with it.”

Three years ago, the Harper government announced a review of the policy, which the government of Brian Mulroney adopted to promote the growth of Canadian publishers at the expense of the multinational companies that then dominated the domestic market. The government has yet to announce changes.

Update: Hmmm. The story gets a bit more confused, as Roy MacGregor is quoted in this story denying any involvement:

Roy MacGregor, who has written 40 books, including the popular Screech Owl series, has talked with the prime minister about the book and describes him as “fanatically” knowledgeable.

MacGregor, who has worked as a ghost writer, says Harper hasn’t employed one.

“I can guarantee you there’s no ghost,” he said. “I’m sure it would come up. The reason it would come up is I know of his stated determination that no matter how long it took, he wanted to be the one that did it. He had research help but it was going to be him plucking away at the computer keys.”

H/T to Colby Cosh for that URL.

February 7, 2013

Almost a clean sweep of top Canadian military leadership

Filed under: Cancon, Government, Military — Tags: , , , , — Nicholas @ 00:02

As Andrew Coyne noted in a tweet, “In some countries, this would be big news”. Lee Berthiaume in the Ottawa Citizen on the upheaval at the top of Canada’s defence establishment:

Spring cleaning has come early at the Department of National Defence as the Conservative government announced Wednesday it was sweeping out a number of the military’s top officers — including the head of the Canadian Army and the Royal Canadian Navy — in a major shuffle.

The moves represent a dramatic change at the top as National Defence faces a major shift in focus from the days of the Afghanistan war and increasing budgets, to a state of deep budget cuts and limited deployments.

[. . .]

In addition to [vice-chief of defence staff, Vice-Admiral Bruce] Donaldson, those leaving include Royal Canadian Navy commander Vice-Admiral Paul Maddison and Canadian Army commander Lt.-Gen. Peter Devlin.

Maddison’s deputy, Rear-Admiral Mark Norman, will take over as commander of the navy; Lt.-Gen. Marquis Hainse, who was serving as deputy commander to the NATO headquarters in Naples, Italy, is the new head of the army.

Lt.-Gen. Walter Semianiw, who oversaw all Canadian military missions inside Canada and North America, including the Caribbean, is also on the way out, the apparent casualty of a Defence Department restructuring that started last year.

Canadian companies lobby the government for the right to install rootkits on your electronic devices

Filed under: Cancon, Law, Media, Technology — Tags: , , , , — Nicholas @ 00:01

Michael Geist reports on a recent lobbying attempt that should be thrown out with contempt if we lived in a just world:

The deadline for comments on Industry Canada’s draft anti-spam regulations passed earlier this week with a group of 13 industry associations — including the Canadian Chamber of Commerce, the Canadian Marketing Association, the Canadian Wireless Telecommunications Association and the Entertainment Software Association of Canada — submitting a lengthy document that, if adopted, would gut much of the law. The groups adopt radical interpretations of the law to argue for massive new loopholes or for the indefinite delay of several provisions. I will focus on some of the submissions shortly, but this post focuses on the return of an issue that was seemingly killed years ago: demands to permit surreptitious surveillance by the copyright owners and other groups for private enforcement purposes.

During the anti-spam law debates in 2009, copyright lobby groups promoted amendments that would have allowed for expansive surveillance of user computers. Coming on the heels of the Sony rootkit scandal, the government ultimately rejected those proposals (the Liberals had plans to propose such amendments but backed down), leaving in place an important provision that requires express consent prior to the installation of computer software.

[. . .]

The Canadian Chamber of Commerce and other business groups want to ensure that the anti-spam law does not block their ability to secretly install spyware on personal computers for a wide range of purposes. In doing so, these groups are proposing to turn the law upside down by shifting from protecting consumers to protecting businesses. The comment period on the draft regulations may have closed, but it is not too late to tell Industry Minister Christian Paradis or your local Member of Parliament to reject demands that would gut the anti-spam bill and legalize spyware for private enforcement purposes.

February 5, 2013

Ontario facing fiscal crisis that is worse than California’s

Filed under: Cancon, Economics, Government — Tags: , , , , — Nicholas @ 12:17

In the Financial Post, Jason Clemens and Niels Veldhuis look at the under-reported fiscal problems Ontario has to deal with … and soon:

‘I do not want Ontario to become like California,” Ontario Finance Minister Dwight Duncan once proclaimed. And it’s not hard to understand why — California is a fiscal nightmare. It has the lowest bond rating in the United States and its own treasurer, Bill Lockyer, referred to the state budget as “a fiscal train wreck.”

Yet, despite all that is said about California’s finances in the media and financial markets, Ontario is in much worse shape.

Back in 2002-03, the fiscal year before the governing Liberals took office, Ontario’s net debt (assets minus liabilities) stood at $132.6-billion. In the ensuing decade, the province’s debt ballooned by almost 78% to $235.6-billion (2011-12). Most worrying, however, is that if Ontario continues on its current path (status quo in terms of spending and revenues), its debt will balloon to over $550-billion (66% of GDP) by the end of the decade (2019-20).

[. . .]

On a per-person basis, Ontario’s bonded debt (the concept of net debt is not used in U.S. public accounting) currently stands at nearly $18,000, over four-and-a-half times that of California at $3,800. As a share of the economy, Ontario’s debt (38.6%) is more than five times that of the Golden State (7.7% of GDP). This is a stunning difference in the burden of debt, particularly given the attention and concern focused on California compared with Ontario.

While the two jurisdictions face similar average interest rates for their debt, the large difference in the stock of the debt means equally large differences in interest costs. Specifically, Ontario spends almost double what California does on interest costs in dollar terms and a little over three times what California spends as a share of the revenues collected, 8.9% compared to 2.8% of revenues. This is money that could have been spent on health care, education, public safety.

February 3, 2013

Bureaucracy and the would-be small business owner

Filed under: Bureaucracy, Business, Cancon, USA — Tags: , — Nicholas @ 11:40

It took me less than a day to start my own business — and it was all done online. We have it good: Canada is at the top of the league table for ease of starting a new business. Americans don’t have it as easy as we do:

Last week, having read my own writing about how it’s cheaper to buy a house than rent one in most markets, I decided to take my own advice. My wife and I bought a new place, and instead of selling our old condo, we’re going to rent it out. And thus I became a small-business man.

Or, rather, I’m becoming one. Entrepreneurship — even on the smallest and most banal scale — turns out to be a time-consuming pain in the you-know-what. My personal inconveniences aren’t a big deal, but in the aggregate, the difficulty of launching a business is a problem and it may be a more important one as time goes on.

[. . .]

The striking thing about all this isn’t so much that it was annoying — which it was — but that it had basically nothing to do with what the main purpose of landlord regulation should be — making sure I’m not luring tenants into some kind of unsafe situation. The part where the unit gets inspected to see if it’s up to code is a separate step. I was instructed to await a scheduling call that ought to take place sometime in the next 10 business days.

Not that I expect your pity. I don’t even pity myself. Going through the process, I mostly felt lucky to be a fluent-English-speaking college graduate with a flexible work schedule. But the presence of a stray pamphlet offering translation into Spanish, Chinese, or Amharic seemed like it would be only marginally useful to an immigrant entrepreneur. A person who needs to be at her day job from 9 to 5 would have a huge problem even getting to these offices while they’re open.

The bureaucratic hassles of entrepreneurship turn out to vary pretty substantially from place to place. The World Bank has a fairly crude measure of how easy it is to start a business in different countries and ranks the United States 13th. North of the border in Canada (ranked third), there’s typically just one “procedure” — a paperwork filing, basically — needed to launch a business. In America, it takes more like six.

February 2, 2013

Rick Mercer discovers Olympic fencing

Filed under: Cancon, Humour, Sports — Tags: , — Nicholas @ 10:33

The Parliamentary Budget Office

Filed under: Cancon, Economics, Government — Tags: , — Nicholas @ 00:01

In Maclean’s, Stephen Gordon examines the role of the Parliamentary Budget Officer separate from the current controversy over the incumbent:

Hence the idea of the Office of Parliamentary Budget Officer (OPBO — I’m adopting Kevin Milligan’s usage of OPBO to denote the office, and PBO for the incumbent), modeled on the U.S.’ Congressional Budget Office (CBO). As in Canada, the economists in the U.S. public service are part of the executive branch; the role of the CBO is to provide professional economic policy evaluations to members of Congress. In the U.S., it has become common practice to run policy proposals through the “reality check” service that is the CBO.

The OPBO has yet to establish itself in the way the CBO has, and it has faced an uphill battle from the start. First, too much of the OPBO’s energy has been spent battling the government over access to information. Second, even when it has access to data, the OPBO has to work with a skeletal staff: in addition to PBO Kevin Page, the OPBO consists of two administrative people, two interns and a grand total of twelve analysts. In comparison, the CBO employs some 235 people. This difference cannot be dismissed by pointing to the larger size of the U.S. economy and its government: policy analysis scales. It takes roughly the same amount of work to evaluate a given policy initiative in the U.S. as it would in Canada. And if that wasn’t enough, the impending departure of Kevin Page — who managed to put together a staff capable of producing an impressive quantity of high-quality work despite these constraints — looks to be an existential crisis for the institution.

But the greatest danger to the establishment of an effective OPBO is a great confusion — on the part of both its supporters and its critics — over what the OPBO’s role is supposed to be.

And he recommends the Australian PBO‘s mandate as a preferred model for Canada’s PBO:

So I have a more modest proposal, but one that might help restore the OPBO to the role for which it was originally intended: make it standard practice for the OPBO to cost electoral platforms. There are several reasons why this is a good idea:

  1. Putting both opposition and government proposals through the OPBO’s costing process will make it easier to remember that the OPBO is non-partisan.
  2. Knowing that the OPBO will be examining the proposals will oblige all parties to step up their games.

January 31, 2013

Talking secession … again … and again … and again

Filed under: Cancon, Government, Law — Tags: , , , — Nicholas @ 09:28

Paul Wells has a few thoughts on secession:

The reason we have spent nearly 40 years debating the effect of referendum results a few points this side or that of 50 per cent is because we have all known for nearly that long that any separatist “victory” in a referendum will be a close thing. If there ever were such a vote, 50 per cent plus a bit on a confusing question, then a sovereignist Quebec government would run into difficulties that don’t have much to do with the text of the Clarity Act and would not be eased by Tom Mulcair’s attempted compromise.

The Supremes sing the hits better than anyone. In their opinion on the Secession Reference, the top court got everyone excited with Paragraph 88, which identifies (Andrew Coyne and many others have said it “invents”) an “obligation on all parties to Confederation to negotiate constitutional changes to respond” to “the clear expression of the desire to pursue secession by the population of a province.” Every six weeks ever since there has been an op-ed in Le Devoir invoking the “obligation to negotiate” as Quebec secessionists’ trump card after a future third-time-lucky majority referendum vote.

It would be so lovely if somebody read more than one paragraph. Having discerned an obligation to negotiate where few had seen one before, the Supremes then ask the obvious question: “What is the content of this obligation to negotiate?” That’s a hell of a question, and since it comes precisely one paragraph after the one that gets everyone so excited, it’d be swell if a few people followed what comes next. The justices promptly “reject two absolutist propositions.” The first is “that there would be a legal obligation on the other provinces and federal government to accede to the secession of a province, subject only to negotiation of the logistical details of secession.” To anyone who says a Yes vote must lead to secession on Quebec’s terms, “we cannot accept this view.” Make the Yes vote as big as you like — Quebec could still not “dictate the terms of a proposed secession to the other parties: that would not be a negotiation at all.”

[. . .]

So a secession attempt would be just about infinitely more complex than the conventional wisdom usually assumes. I haven’t even considered the near-certainty that local secessionist, purely dissolutionist, or U.S.-annexationist movements would pop up across Canada if Quebec began a secession attempt. But surely governments of good will can overcome dissent? Well, maybe, except that the last time Canada’s governments attempted a coast-to-coast set of constitutional amendments — the Charlottetown process of 1992 — the unanimity and best efforts of every head of government in the land wasn’t enough to ensure passage.

There’s a powerful narcotic quality to any conversation that mentions the “Charlatan Accord” for most Canadians over the age of 40: you can see eyes glaze over and lids get heavy the instant that process enters the discussion.

January 30, 2013

QotD: Confirmation-Bias Theatre Of The Absurd

Filed under: Bureaucracy, Cancon, Media, Quotations — Tags: , , — Nicholas @ 00:01

Unlike Andrew Coyne and Pierre Karl Péladeau, I am no expert on CRTC television policy. I couldn’t tell you the difference between a “must-carry” Class A license, a Class B carry-at-will, and a class X concealed-carry. But I do know a little about what makes for good journalism. And on that basis, I’d hate to see Sun News get taken off the air for want of revenue.

Sun’s enemies accuse the network’s hosts of being a bunch of haters. And it’s hard to deny the charge. Among the people they hate: Occupy protesters, fake hunger strikers and sanctimonious left-wing activists.

And Omar Khadr. Wow, do they hate Omar Khadr.

We know this because Sun News TV segments tend to go light on actual news, and heavy on middle-aged white guys shouting about people they don’t like. Sometimes, they sit around their Toronto studio interviewing each other. It’s a sort of performance art that might well be dubbed — by the surprisingly large number of left-wing Toronto hipsters who watch the channel ironically — as Confirmation-Bias Theatre Of The Absurd.

Jonathan Kay, “David Suzuki is poster boy for why Canada needs Sun’s brand of journalism”, National Post, 2013-01-29

January 28, 2013

Women in combat roles

Filed under: Cancon, Military, USA — Tags: , , — Nicholas @ 09:06

In the Globe and Mail, Margaret Wente “celebrates” the recent announcement by the US government that American women will soon be allowed to take front-line combat jobs:

In a milestone for gender equality, the Pentagon is finally ending the combat ban for women – a ban that had become woefully obsolete. At last, women warriors will get the recognition and promotions they deserve. The brass ceiling has been shattered, and that’s good news for both women and the military.

But she admits that there are problems with the new rules:

But please, people. Let’s get real. Women cannot equal men in ground combat, the kind of dirty, brutal stuff that (fortunately) makes up a very minor part of modern military life, especially post-Afghanistan. It’s not that they can’t be trained to kill — they can. The issue is that the physical differences between men and women are very large, and on the battlefield, they really matter, and can’t be wished away. Men are better fighters because they are bigger and stronger and can endure far more physical punishment before they break down.

The average female soldier is “about five inches shorter than the male soldier, has half the upper body strength, lower aerobic capacity and 37 per cent less muscle mass,” Stephanie Gutmann, author of The Kinder, Gentler Military, wrote in the New Republic. “She cannot pee standing up … She tends, particularly if she is under the age of 30 (as are 60 per cent of military personnel) to get pregnant.”

And there’s the practical experience the Canadian army has accumulated:

Overall, women account for 14 per cent of all jobs in the Canadian Forces, a slightly lower percentage than in the U.S. As a result of a human-rights decision, front-line combat jobs were opened to women in 1989. Yet today, despite strenuous recruiting efforts, women hold just 2.4 per cent of these jobs. Their commanding officers praise their competence but treat them differently, by shielding them from combat. According to a Wall Street Journal report this week, the widespread impression among Canadian female soldiers — much to their frustration — is they are used “only sparingly.” Men serving next to women also exhibit a counterproductive battlefield trait: protectiveness. They want to carry women’s gear and keep them out of harm’s way. As one male soldier told the Journal, “That brother-sister protective thought was always in the back of your mind.”

When I was in the militia in the mid-1970s, our basic training was fully integrated: the girls did the same physical training and field exercises as the boys. Even in peacetime, it was quite obvious that the sections with girls in them were doing what they could to encourage the girls to pass the training (re-distributing their gear to the others in the section, and pairing the girls up with the biggest guys for the more physical duties like digging trenches, etc.). I can only imagine that the same thing goes on in actual combat conditions.

Fortunately, we didn’t have any of the girls drop out for pregnancy (it was a summer training course of just about two months duration), but the US military reported that over 10% of all women in combat zones (not in actual front-line combat) were evacuated from the combat zone due to pregnancy in 2008.

Let’s get real reform at the CRTC: eliminate “mandatory carriage” altogether

Filed under: Bureaucracy, Business, Cancon, Media — Tags: , , , — Nicholas @ 08:49

In the Toronto Star, Michael Geist calls for the CRTC to stop the “mandatory carriage” provision that forces cable providers to carry certain channels on their “basic” packages:

Canadians frustrated with ever-increasing cable and satellite bills received bad news last week with the announcement that the Canadian Radio-television and Telecommunications Commission will consider whether to require cable and satellite companies to include nearly two-dozen niche channels as part of their basic service packages. If approved, the new broadcast distribution rules would significantly increase monthly cable bills with consumers forced to pay for channels they may not want.

Two issues sit at the heart of the broadcast distribution rules. First, whether the CRTC should grant any broadcaster mandatory distribution across all cable and satellite providers such that all subscribers are required to pay for them as part of their basic packages. Second, in the absence of mandatory distribution, whether broadcast distributors should be required to at least offer the services so that consumers have the option of subscribing.

[. . .]

While the financial benefits for broadcasters are enormous, the policy represents a near-complete elimination of consumer choice for the channels at issue. Rather than convincing millions of Canadian consumers that their services are worth buying, the broadcasters need only convince a handful of CRTC commissioners that their service meets criteria such as making “an exceptional contribution to Canadian expression.” That is supposedly a high bar, yet it is surely far easier than convincing millions of people to pay for your service each month.

Last year, CRTC chair Jean Pierre Blais emphasized that the Commission’s top priority was to “put Canadians at the centre of their communications system.” The mandatory distribution rules do the opposite. Rather than focusing on consumer interests and choice, the rules place broadcasters at the centre of the communications system by offering up the prospect of millions in revenue without regard for what consumers actually want.

There are few, if any, broadcasters that can be considered so essential as to merit mandatory distribution. Niche cultural broadcasters have a myriad of distribution possibilities and should be forced to compete like any other content creator or distributor. In fact, even broadcasters that position themselves as “public services” can often be replicated by Internet-based alternatives.

I always find it interesting how cable providers usually manage to group their offerings so that you can’t get the group of channels you actually want in the same package. I doubt that this would change even if the regulator allowed the change from “must carry” to “must offer”, however: there’s too much potential profit to the cable companies in crafty packaging strategies. You’ll almost certainly not see the opportunity to pay for just the individual channels you want, as that would be too consumer friendly (and, we’re assured by cable company reps, would kill off lots of niche channels because they wouldn’t get enough subscribers).

Of course, if a TV channel can’t attract enough subscribers, that’s usually a pretty strong economic signal that they shouldn’t be broadcasting anyway.

January 27, 2013

Aaron Wherry dissects Andrew Coyne’s “grand coalition” notion

Filed under: Cancon, Government, Politics — Tags: , , , — Nicholas @ 11:03

Andrew Coyne wrote an appeal to the New Democrats, Liberals, and Greens, prodding them in the direction of a temporary political alliance to topple the Conservatives and to fundamentally change the Canadian electoral system to ensure that the Conservatives would never again form a government (actually, that’s not what he says, but I’m sure that’s how individual NDP, Liberal, and Green supporters will envision the result). In Maclean’s, Aaron Wherry points out that however appealing the coalition idea might be, the practical stumbling blocks are pretty intimidating:

Are enough voters so interested in electoral reform that they would support turning the next election into a referendum on that subject? Could enough voters be convinced to momentarily suspend their concerns about other issues? Could enough voters be convinced to ignore the other policy differences between the NDP, Liberals and Greens? Could enough voters be convinced to ignore the possible ramifications of all other policy debates between the parties to vote with the hope that a real election would then be run in short order?

I’ll try to answer those questions: No. Granted, I can’t predict the future with certainty (and have just finished arguing against making such predictions). Perhaps the New Democrats, Liberals and Greens could persuade voters to make this a singular focus. But this strikes me as implausible. I don’t think voters, in general, are so interested in electoral reform that they’d go along with this. At the very least, it seems like a remarkable gamble for the three parties to make. (And, keep in mind, the Conservatives would be keen to explain, loudly and repeatedly and prominently, why this was such a terrible idea.)

[. . .]

Fundamentally overhauling the electoral system would probably take more than a couple days. Legislation would conceivably have to be passed through the House. Legislation would conceivably have to be passed through the Senate (how would a Conservative majority in the Senate handle such legislation?).

Even if you imagine this proceeding as expeditiously as possible, this would take some period of time (A month? A few months? More?). Someone would have to be Prime Minister while this was happening. Someone would have to be governing. How would that work? Conceivably they would have no mandate beyond changing the electoral system. Would they promise to not touch anything else for as long as they were in government? Would they promise to just carry on with Conservative policy until another election could be held? (Would anyone believe them if they promised as much?) What if something bad happened? What if something came up that required government action?

This is not a rhetorical device. I’m not trying to bury the idea in questions. I honestly want to know how this would work because I honestly don’t understand how this is supposed to work. What kind of government would we have for however long it took to change the federal electoral system and what would be the ramifications of having such a government?

After all this time in power, the Conservatives are still being accused of harbouring a “secret agenda” that will destroy Canada as we know it. Handing Stephen Harper and his friends an even bigger “secret agenda” stick with which to beat the opposition doesn’t strike me as a particularly clever move at this stage of the electoral cycle.

January 25, 2013

Canada and the First Nations — separate nations, separate worlds

Filed under: Cancon, Government, Law — Tags: , , , , — Nicholas @ 13:56

In the Globe and Mail, Tom Flanagan explains why the Idle No More protestors insisted on negotiating with the Governor-General:

Actually, native leaders’ focus on the governor-general as the representative of the Crown is based not on a lack of information about the Constitution but on a different understanding of it. They know perfectly well that the prime minister and government of the day are installed by the political process of the nation of Canada, but they don’t see themselves as part of that process and that nation. They see themselves as separate nations, dealing with Canada on a “nation to nation” basis. They see the Crown as a governmental structure above Canada – and therefore the authority with whom they should deal.

Sovereign nations do not legislate for each other; they voluntarily agree to sign treaties after negotiations. The radical conclusion from this premise is that Parliament has no right to legislate for aboriginal people without first getting their consent. Hence the hue and cry about consultation and the demand to repeal those parts of the government’s Budget Implementation acts that allegedly impinge on aboriginal and treaty rights. Today’s claim is that Parliament had no right to amend the Indian Act and the Navigable Waters Protection Act before consulting with (read: getting the approval of) first nations. But the same claim could be made regarding any legislation, for all laws made by Parliament affect native people. Enforcement of the Criminal Code arguably affects aboriginal rights by putting large numbers of aboriginal people in jail, and so on.

This indigenist ideology is not new. It started to appear in the 1970s, as a reaction to Jean Chrétien’s 1969 White Paper, which proposed repealing treaties and abolishing the special legal status of Indians. In its usual well-meaning but sometimes witless way, the Canadian political class thought it could deal with the reaffirmation of indigenism through word magic. Adopt the vocabulary of the radicals. Start calling Indian bands “first nations.” Pretend to recognize their “inherent right of self-government” or even “sovereignty.”

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