Quotulatiousness

November 2, 2011

History pop quiz

Filed under: Britain, Government, History, Law — Tags: , — Nicholas @ 09:12

Tim Black wants you to identify how long ago a certain communication to the royal family was written:

‘I write to formally request the consent of His Royal Highness the Prince of Wales to provisions to be included in the . . . Bill.’

So, history fans, in which democracy-forsaken year did a member of the Houses of Parliament open a letter to an heir to the throne with this line? Not sure? Perhaps this sentence will help: ‘Granted that these proposed changes . . . will apply to . . . contracts entered into by or on behalf of the Duchy of Cornwall, we should be very grateful to receive the consent of the Prince of Wales.’ There are plenty of clues there: the cowering, creeping tone; the excessive, almost fearful formality; and, of course, the sheer palpable deference towards the Crown. Surely this particular parliamentarian’s request must originate from some time before parliament began to forcibly assert its interests against those of the Crown during the seventeenth century? Perhaps it was even earlier: 1590 or maybe even 1565.

This is a follow-up to a post from earlier this week.

October 31, 2011

British constitutional quirk: Prince Charles has a limited veto over some legislation

Filed under: Britain, Government, History, Law — Tags: , — Nicholas @ 09:17

There are times when I think the British system of government compares poorly to that of Terry Pratchett’s Ankh-Morpork. This charming little hangover from medieval times, for instance:

Ministers have been forced to seek permission from Prince Charles to pass at least a dozen government bills, according to a Guardian investigation into a secretive constitutional loophole that gives him the right to veto legislation that might affect his private interests.

Since 2005, ministers from six departments have sought the Prince of Wales’ consent to draft bills on everything from road safety to gambling and the London Olympics, in an arrangement described by constitutional lawyers as a royal “nuclear deterrent” over public policy. Unlike royal assent to bills, which is exercised by the Queen as a matter of constitutional law, the prince’s power applies when a new bill might affect his own interests, in particular the Duchy of Cornwall, a private £700m property empire that last year provided him with an £18m income.

Neither the government nor Clarence House will reveal what, if any, alterations to legislation Charles has requested, or exactly why he was asked to grant consent to such a wide range of laws.

October 14, 2011

Harper back-pedals promises to adjust number of seats in the Commons

Filed under: Cancon, Politics — Tags: , , — Nicholas @ 11:53

Quebec once again demonstrates that you don’t have to have many of your MPs in the government benches to “wag the dog” about representation in the House of Commons:

Fears of a Quebec backlash have delayed the Harper government’s plan to give the growing parts of Canada a larger share of seats in the House of Commons.

As a result, the changes the Tories promised in the spring campaign may not be in place in time for the 2015 election, leaving millions of voters once again underrepresented in Parliament.

The bill to change the way seats are allocated, which would give Ontario an expected 18 additional MPs, British Columbia seven and Alberta five, aims to redress the severe shortage of seats in large and growing urban areas.

But the Conservatives are still grappling with the fact that the change would disadvantage Quebec, which it continues to court despite being virtually shut out there in May. The province has 23 per cent of Canada’s population and 24 per cent of the seats in the House, but its share would fall to 22 per cent under the new formula. The NDP, which achieved a breakthrough there in the election, and many Quebec politicians vehemently oppose the plan.

September 21, 2011

Tories drop “lawful access” provisions from omnibus crime bill

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , , — Nicholas @ 12:16

That’s a bit of good news on the civil liberties front:

A controversial Internet surveillance bill has been omitted from the federal Conservative party’s proposed crime legislation.

Today, Canadian Minister of Justice and Attorney General Rob Nicholson held a press conference to introduce the Conservatives’ promised omnibus crime act, titled The Safe Streets and Communities Act, which focuses on crime and terrorism. However, an expected component of the act regarding Internet surveillance known as “Lawful Access” legislation was nowhere to be found.

The set of Lawful Access bills would have warranted Canadian law enforcement and intelligence agencies the power to acquire the personal information and activity of web users from internet service providers (ISPs). ISPs would also be required by an additional provision to install surveillance equipment on their networks.

The legislation would essentially give law enforcement the ability to track people online without having to obtain a warrant. The federal NDP and Green parties, and civil liberties groups among others decried the bill as overly-invasive, dangerous and potentially costly for internet users.

That’s the good news. The rest of the bill, as Grace Scott points out, is awash with “tough on crime” noises:

The Safe Streets and Communities Act will increase penalties for sex offenders, those caught with possession or producing illicit drugs for the purposes of trafficking, and intends to implement tougher sentencing on violent and repeat youth crime. It also plans to eliminate the use of conditional sentences, or house arrest, for serious and violent crimes.

August 24, 2011

Australian government risks defeat over MP’s brothel expenses

Filed under: Australia, Government, Politics — Tags: , , , — Nicholas @ 09:40

Australian politics are so much more interesting than our boring old Canadian version:

A political scandal involving alleged payments to prostitutes by an MP, which threatens Australia’s minority government, deepened on Wednesday when the politician’s former union asked police to investigate his union credit card bills.

The move by the Health Services Union (HSU) increases the likelihood that police will launch a criminal investigation into the union’s former boss Craig Thomson over alleged payments using credit cards to a Sydney brothel.

Thomson, who is now an government MP, has denied any wrongdoing. But if he is charged with a criminal offence and then found guilty, he would be forced to leave parliament, prompting a by-election that could bring down Julia Gillard’s government, which has a one-seat majority.

August 22, 2011

Jack Layton, RIP

Filed under: Cancon, Politics — Tags: , , , — Nicholas @ 08:24

I’m sad to hear of the death of federal NDP leader Jack Layton today. Here’s the official notification:

We deeply regret to inform you that The Honourable Jack Layton, leader of the New Democratic Party of Canada, passed away at 4:45 am today, Monday August 22. He passed away peacefully at his home surrounded by family and loved ones. Details of Mr. Layton’s funeral arrangements will be forthcoming.

Layton’s party achieved a breakthrough in the most recent federal election, winning enough seats to qualify as the Official Opposition for the very first time. Jack Layton had a lot to do with that impressive performance, and it’s not clear if his party will be able to retain their popularity without his leadership.

Update: The National Post has a full obituary.

Jack Layton has lost his battle with cancer, dying Monday morning at his home, surrounded by those closest to him.

The charismatic, 61-year-old politician had recently stepped down as federal NDP leader, but had expressed hope that he would return when Parliament resumed next month.

“I was deeply saddened to learn this morning of the death of Jack Layton,” Prime Minister Stephen Harper said in a statement.

Harper offered his condolences to Layton’s wife, MP Olivia Chow, and family.

“When I last spoke with Jack following his announcement in July, I wished him well and he told me he’d be seeing me in the House of Commons in the Fall.

“This, sadly, will no longer come to pass.

“On behalf of all Canadians, I salute Jack’s contribution to public life, a contribution that will be sorely missed.

“I know one thing: Jack gave his fight against cancer everything he had. Indeed, Jack never backed down from any fight.”

August 18, 2011

Omnibus bills: Canada’s equivalent to “riders” on US legislation

Filed under: Cancon, Law, Liberty, Technology — Tags: , , , — Nicholas @ 12:09

An omnibus bill is a collection of several individual bills that may or may not have been able to pass muster individually. It’s (from the government’s point of view) a great way to get a lot of legislative changes through parliament in relatively short order, but it encourages legislators to include their pet projects and special causes because of the decreased opportunity for opposition. The Conservative government’s proposed omnibus crime bill is a good example of this, as it is likely to incorporate warrantless data searches for police:

When Canada’s Conservatives took the most votes in the May 2011 federal election, Prime Minister Stephen Harper said that an “omnibus” security/crime bill would be introduced within 100 days. The bill would wrap up a whole host of ideas that were previously introduced as separate bills — and make individual ideas much more difficult to debate. A key part of the omnibus bill will apparently be “lawful access” rules giving police greater access to ISP and geolocation data — often without a warrant — and privacy advocates and liberals are up in arms.

Writing yesterday in The Globe & Mail, columnist Lawrence Martin said that the bill “will compel Internet service providers to disclose customer information to authorities without a court order. In other words — blunter words — law enforcement agencies will have a freer hand in spying on the private lives of Canadians.”

He quotes former Conservative public safety minister Stockwell Day, now retired, as swearing off warrantless access. “We are not in any way, shape or form wanting extra powers for police to pursue [information online] without warrants,” Day said—but there’s a new Conservative sheriff in town, and he wants his “lawful access.”

How bad were the last set of “lawful access” proposals? This bad:

Even the government’s own Privacy Commissioner is upset about the lawful access idea. On March 9, Privacy Commissioner Jennifer Stoddart sent a letter to Public Safety Canada in which she and other provincial privacy officials said the bill would “give authorities access to a wide scope of personal information without a warrant; for example, unlisted numbers, e-mail account data and IP addresses. The Government itself took the view that this information was sensitive enough to make trafficking in such ‘identity information’ a Criminal Code offence. Many Canadians consider this information sensitive and worthy of protection, which does not fit with the proposed self-authorized access model.”

“In our view, law enforcement and security agency access to information linking subscribers to devices and devices to subscribers should generally be subject to prior judicial scrutiny accompanied by the appropriate checks and balances.”

H/T to Brian Switzer for the link.

May 9, 2011

Next federal election will include 30 new ridings in Ontario, Alberta, & BC

Filed under: Cancon, Politics — Tags: , , , , — Nicholas @ 11:18

There will be 338 seats up for grabs in the next federal election, up from the 308 seats in this election:

Last year, the Mowat Centre for Policy Innovation at the University of Toronto examined the national parliaments and congresses in several major Western democracies. Of the 113 provinces or states examined, the aforementioned three Canadian provinces were all among the five least-well represented, when their share of seats in the national legislature was compared to their share of the national population.

If the average weight of a voter in such an international survey is taken to be 1.0, the weight of a vote in Quebec is 1.01, almost exactly what it should be. In Alberta, though, the average is just 0.92, in Ontario 0.91 and in B.C. just 0.90. Meanwhile, in Manitoba, each vote is worth 1.22. New Brunswick votes are worth 1.34, Saskatchewan 1.39 and P.E.I. votes 2.88. Far from there being one-person, one-vote in Canada, a vote in PEI is worth more than three times what a vote in B.C. is worth.

Put another way, the average riding in B.C. contains about three times as many voters as does the average riding in P.E.I. — which means B.C. votes are diluted by a factor of three vis-à-vis P.E.I.

The disparities are so large that the Mowat Centre warned “the situation as it now stands is seriously undermining the principle that all citizens should have an equal say in choosing their government.”

May 7, 2011

Lorne Gunter: Give the new MP for Las Vegas a break

Filed under: Cancon, Politics — Tags: , , — Nicholas @ 00:40

It’s inevitable that the election of Ruth Ellen Brosseau in absentia would be a cause for amusement, but Lorne Gunter makes a good case that we should cut her a bit of slack:

It is common practice across the country to dig up candidates wherever they can be found and plead with them to let their names stand in ridings where a party has no chance of winning. (Or almost no chance. Ms. Brosseau’s case proves there is never NO chance of winning.)

In a past life, when I used to be a devoted Liberal party worker in Alberta, during the height of the National Energy Program, we used to use this tactic all the time: Get some campus Liberal club member to let him- or herself be nominated in a rural riding where the Tory candidate was going to capture 80% of the vote anyway, just so the party could claim it had run a candidate in all X number of ridings in the country.

On this count, I’m willing to grant Ms. Brosseau a pass, as this is what every small party faces every election: the need to get as many names on to the ballot as possible. It’s tough enough for minor parties to get any press coverage, but it’s much harder if you are only running a corporal’s guard of candidates in the election.

That being said, however, even in the days when we only ran paper candidates (no signs, no brochures, no active campaigning), the candidate was at least in the riding during the election. She should have either cancelled her trip, postponed it, or declined the nomination if she couldn’t do either.

One NDP supporter in Ms. Brosseau’s new riding asked the other day whether he and his fellow voters where victims of some sort of scam. No, sir, not victims — participants.

Who votes for someone who was never seen in the riding during the election, someone who doesn’t live anywhere near the riding, doesn’t articulate any policies and doesn’t even speak French all that well, but who is seeking to represent a constituency in which over 90% of the residents list their at-home language as French?

It’s clear the voters of Berthier-Maskinongé were so eager to vote NDP — as were so many Quebec voters — that they didn’t care who the local candidate was, which is appropriate in this case, because the local candidate didn’t care either. Ms. Brosseau was doing a favour for a friend at NDP headquarters in Ottawa, now she’s going to have to uproot her life for the next four years and go be the MP for a riding where the voters know no more about her than she knows about them.

I wrote about the allegations of fraud in the nomination papers here.

May 6, 2011

Chris Selley on those new “orange posts”

Filed under: Cancon, Government, Politics — Tags: , , , , — Nicholas @ 12:13

The new NDP youth wing gets lots of fun poked at it (some of it here), but Chris Selley has hopes that they may force the House of Commons to revisit the worst aspects of parliamentary behaviour:

Look. It’s easy, and frankly appropriate, to laugh at the gaggle of orange poteaux — “posts,” as Quebecers call cipher candidates — soon heading to Ottawa to take their seats as New Democrat MPs (and to move into their very first apartments!). But whatever their shortcomings, it’s safe to assume they’re full to bursting with idealism and self-esteem. Many of them aren’t long out of high school. Try to bully them and by God, they’ll probably call the police.

There’s 57 new NDP MPs from Quebec — almost 20% of the House of Commons. They have a real opportunity to make a difference in the way Parliament conducts its business. Jack Layton himself has said he intends to officially oppose the government in a more dignified manner. And it’s hard to think of anyone in a better position to hold him to his word than, say, a 21-year-old student with $600,000 or so coming to him over the next four years, representing a riding he’s barely visited (if at all) and constituents who didn’t (and don’t, and may never) really give a damn who he is.

The complaints of ex-MPs detailed in the Samara report go far beyond Question Period. One ex-parliamentarian said he profoundly regretted toeing the party line on an emotional issue — almost certainly same-sex marriage, although it’s not specified — and recalled colleagues weeping as they voted against their consciences. Another tells of being tasked, very early in his career, with delivering a speech on the mountain pine beetle infestation in British Columbia, which he knew absolutely nothing about, on 20 minutes’ notice.

One of the weaknesses of our system is that there are not stronger supports for MPs voting freely rather than following the direction of the party whips. The constituents are not being represented if their MP is not allowed to vote in line with their preferences but instead has to subordinate their concerns to that of the party. SSM and the long gun registry are recent examples where the outcome was dictated by party leaders refusing to allow their MPs to vote freely.

It’s good that MPs recognize, at least in hindsight, that partisanship fries their brains and makes them act like monkeys. But hindsight isn’t good enough. Unless MPs grow some … uh, courage, when it actually matters — refusing orders to act foolishly or speechify on subjects they know nothing about, or to waste hours filling chairs on “house duty” when they could be out doing something useful, or to vote against their own or their constituents’ beliefs — this is never going to change.

Rookie NDP MPs already triggering change in parliamentary procedure

Filed under: Cancon, Humour, Politics — Tags: — Nicholas @ 09:19

From an email conversation with Jon, my former virtual landlord:

In other news, you heard about the proposal to change parliamentary procedures to accommodate the new Diaper Dippers? MPs will now be able to vote with —

  • Aye
  • Nay
  • Like OMG, whatever.

I want to be a teenage MP — it’s like winning a lottery! I take it that these kids will get their $150K+ annual salary whether they attend parliament or not, correct? Or is an MP’s pay based on some sort of performance criteria?

I can’t believe I just asked that.

ROTLMAO.

May 5, 2011

Brendan O’Neill on why Britons should vote “No” today

Filed under: Britain, Government, Politics — Tags: , — Nicholas @ 08:32

For some reason, British governments for the last decade have found it utterly impossible to organize a referendum on whether Britain should stay within the European Union, but they’ve been able to whip up today’s Alternative Voting referendum in double-quick time. Brendan O’Neill has a few last-minute words for those of you eligible to vote:

But now that we’ve been landed with a referendum for an electoral system that a majority of the public are savagely uninterested in, it’s paramount that we vote NO to AV.

Because AV would accentuate some of the most degenerate trends in politics today.

Through its invitation to voters to express their views about all candidates, it would turn voting from an impassioned statement of political desire or attachment to an ideal into a relativistic process of erming and ahhing.

And by making aspiring politicians potentially reliant on second- and third-preference votes, it would nurture even more public figures who refuse to say anything surprising or provocative for fear of alienating their kind-of constituencies.

In short, AV would water down the act of voting and reduce risk-taking and ideas-making in mainstream British politics – a trend that is already underway but which would effectively be institutionalised under AV.

So go out and say NO.

May 4, 2011

Alleged forged signatures on NDP nomination papers

Filed under: Bureaucracy, Cancon, Politics — Tags: , , — Nicholas @ 15:29

This is weird. It may just be a function of how little experience the campaign workers had in that riding — I know the NDP were a skeleton crew in Quebec for this election (which makes their huge haul of seats from the province even more amazing), but forging signatures? It just doesn’t add up at all. Why do I say that? Let me tell you a little story . . .

Oddly enough, I had a discussion with a Returning Officer (not the RO for my riding) a few weeks ago about nomination papers and the requirements for signatures. It was rather illuminating.

Every candidate for parliament has to submit nomination papers to the constituency’s Returning Officer within a set number of days after the writ has dropped. Many would-be candidates for smaller or less well-organized parties have to depend on going door-to-door to gather signatures, as they don’t have enough party members in the riding to meet the requirement internally. I’ve done this for Libertarian candidates, and I’m sure most of the NDP candidates in Quebec this time around had to do the same thing. (Signing the nomination paper does not mean you’re a supporter of that candidate, it merely acknowledges that you have been informed that they are hoping to run in the election.)

So, a few bare minutes before the deadline, each of the candidates has to drop off their nomination papers with all of the required signatures. Elections Canada is not a huge organization (by government standards, they’re tiny). They don’t have the resources to do an instant check of the nomination papers. What they do is to verify that each of the signatories on the list is a registered voter in the riding.

Even this low barrier can be a problem, so Elections Canada recommends that candidates provide more than the minimum 100 signatures, as some of them may not be acceptable. Once all the names have been checked, if there are still not at least 100 acceptable signatures, then the Elections Canada folks do another pass through the list, and accept signatures from people whose addresses had registered voters in the previous election (the hurdle gets even lower).

Did you notice that last little bit? If you live at an address which had one or more registered voters living there in the last election, you are deemed to be a registered voter for the purposes of signing nomination papers. Is that not a low enough hurdle to avoid the need to submit forged signatures?

Update: Here’s the Globe & Mail story.

Update the second, 6 May: Elections Canada has declared the nomination papers to be valid. The other candidates still have the opportunity to challenge the result in court, although there may not much hope for them to succeed.

The NDP’s rookie class of 2011

Filed under: Cancon, Politics — Tags: , , — Nicholas @ 07:54

Tamsin McMahon has a story about some of the (many) new NDP Members of Parliament from Quebec, including everyone’s favourite Vegas gambler, Ruth Ellen Brosseau:

At a news conference in Montreal Mr. Mulcair found himself defending the neophyte MP, saying that he would take responsibility for the riding while Ms. Brosseau brushed up on her French and that of all the NDP candidates elected in Quebec, she was the only one not fluent in the language.

Ms. Brosseau wasn’t originally chosen by the party to run in the riding. Elections Canada records show Julie Demers won the party nomination on March 23, but was moved to the riding of Bourassa, where she lost to Liberal Denis Coderre.

It must be odd enough for Ms. Brosseau, winning the seat despite being out of the country for a significant portion of the campaign, but you really have to feel sorry for Julie Demers!

April 15, 2011

RAF proves Eurofighter can take out stationary, unmanned, abandoned enemy tanks

Filed under: Africa, Britain, Military, Politics — Tags: , , , , — Nicholas @ 09:29

In a triumph of military daring and precision bombing public relations, the Royal Air Force has demonstrated the ground-attack capability of their Eurofighter Typhoon aircraft:

The RAF has blown up two apparently abandoned Libyan tanks using a Eurofighter Typhoon jet in a move which appears to have been motivated more by Whitehall infighting than by any attempt to battle the forces of dictator Muammar Gaddafi.

[. . .]

The video appears to show a T-72 tank neatly parked, stationary and unmanned: the target was plainly not in use. The Telegraph reports that the location struck was “an abandoned tank park”. Many Libyan armoured vehicles are old and not serviceable due to lack of parts and servicing. RAF sources admitted to the paper that the jets making the strike had had to spend “a long time” searching before they could find a valid target to hit, and that the timing of the strike was “no coincidence”.

So why is the RAF not only conducting unnecessary air attacks on useless hunks of metal? The answer is not so much military as it is political:

This hasty effort by the RAF to get Typhoons into ground-attack action took place just ahead of the scheduled release by the Parliamentary Public Accounts Committee of a damning report on the Eurofighter, titled Management of the Typhoon project. This report had been expected to be highly critical of the Typhoon, and indeed it is. It says:

In 2004, the Department decided to retire the ground attack Jaguar aircraft early and to spend £119 million to install ground attack upgrades on early Typhoons to cover the resulting capability gap. These upgrades were ready for use by 2008. A year later, the Department decided to retire the air defence Tornado F3 aircraft early to save money and therefore re-prioritised Typhoon away from ground attack missions to air defence tasks. It is now not using Typhoon’s ground attack capability.

So, absent some secret plan of the Libyan army to somehow put their abandoned equipment back into immediate use, this was a PR strike to rally public opinion against parliamentary interference.

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