L’Écosse, une inspiration pour les indépendantistes, selon Drainville

Quite an amusing read, Drainville praising the approach of the Scottish nationalists in their referendum, given that it is based on a clear, short question, developed in cooperation with the national government, all anathema to the PQ:

L’ancien ministre responsable des Institutions démocratiques et «parrain» de la défunte Charte des valeurs a été charmé par la façon dont les Écossais mènent la campagne. Il a entre autres observé que les tenants du Oui dépassaient largement la base militante du Parti national écossais, la formation indépendantiste dirigée par le premier ministre Alex Salmond.

«La société civile a pris en main ce référendum, des groupes et des citoyens ont décidé de le prendre en main. La campagne du Oui est largement décentralisée, très terrain, très près des gens, cest ce que jai observé», a-t-il relaté.

Le processus référendaire écossais est aussi une affaire de collaboration entre le gouvernement central britannique et le Parlement dÉdimbourg.

…..La limpidité de la question référendaire et la transparence totale entourant la date de la consultation populaire devraient éclairer les débats au sein du mouvement souverainiste québécois, selon M. Drainville.

L’Écosse, une inspiration pour les indépendantistes, selon Drainville | Martin Ouellet | Politique québécoise.

Finance Canada survey finds Canadians at odds with Conservatives’ priorities

Interesting but not necessarily surprising. Those Canada’s Economic Action Plan ads may have not been as good value for money, let alone for taxpayers:

Public-opinion research for the federal Finance Department suggests key government policies are out of step with Canadians’ priorities, including the Northern Gateway project.

Members of focus groups consulted prior to the February budget had “little enthusiasm” for the proposed bitumen pipeline to the British Columbia coast — even those who said they support the controversial project.

And among the 12 groups consulted — from Coquitlam, B.C., to Bridgewater, N.S. — the economy itself was not a top-of-mind concern.

Rather, the groups spontaneously raised education, health care, pensions and veterans as their key issues.

They also called for more processing and refining of Canada’s oil resources at home, and to do so in a more environmentally safe manner.

The findings of the January focus groups, commissioned from NRG Research Group, suggest the Harper government’s central policy themes — trade and the economy, with an emphasis on energy exports — are resonating less with ordinary Canadians.

http://www.ipolitics.ca/2014/07/20/finance-canada-survey-finds-canadians-at-odds-with-conservative-government-priorities/ (pay wall)

Coyne: Conservatives’ incoherence really shows with Charter of Rights discontent

Good column by Coyne on the Courts, the Conservatives and recent cases:

“Judges don’t always get it right,” colleague Ivison observes. No, they don’t — neither do politicians, if you’ve noticed. But governments have lots of options in the face of an inclement ruling. They can redraft the law, for starters: It’s usually possible to preserve its purpose while removing the offending provisions. Beyond that? Amend the constitution. Appoint better judges. Make the case for a more restrained theory of jurisprudence. Change how the law is taught. Conservatives used to pride themselves on taking the long view of things.

Meantime, if Conservative MPs are so concerned about the powers of Parliament being usurped, I suggest they look closer to home. As defenders of Parliament, they’d be a lot more convincing had they not spent the past many years meekly surrendering one ancient Parliamentary prerogative after another, not to the courts, but to a far more voracious usurper: the executive.

Or if it’s the courts they’re worried about, there’s a simple way to remove them from the equation: Stop passing laws that are so clearly and flagrantly in violation of the Constitution see, for example, the prostitution bill. Insist, as the political scientist Emmett Macfarlane has suggested, that ministers screen bills for charter compatibility before introducing them in the House. Better yet, have committees of Parliament do the same.

As things stand, MPs seem content to abdicate this responsibility to the courts, so they can pick fights with them later. “Why elect people and pay them to do something the courts are doing,” Miller grumbles. Why, indeed.

Coyne: Conservatives’ incoherence really shows with Charter of Rights discontent.

‘Mental Prisons,’ the Public Service and Gilles Paquet

In the spirit of Paquet's call for the "highest and best use of irony and irreverence" and "methodological and intellectual cruelty."

In the spirit of Paquet’s call for the “highest and best use of irony and irreverence” and “methodological and intellectual cruelty.”

My review of Gilles Paquet’s Super-Bureaucrats as Enfants du siècle in the Hill Times:

Ralph Heintzman provoked considerable debate in his Canada 2020: Renewal of the Federal Public Service arguing for an independent, arms-length public service. Ruth Hubbard countered it with The real problem with the public service, arguing that the real problem is competency, not the relationship between the political and bureaucratic levels. Maryantonett Flumian reminds us that politicians are elected, officials are not, and they have to implement government priorities as long as they do not break the law in How public servants support democracy: a response to latest Canada 2020 study.

Gilles Paquet adds his voice in Super-Bureaucrats as Enfants du siècle, which, while focused on officers of Parliament, casts his critique more broadly.

Paquet’s language, as always, pulls no punches. The “tribe” of super-bureaucrats form an “oligarchy.” They have a “sense of superior expertise and total infallibility.” They are agents of “counter-democracy” and impose their “technocratic and ideological views … usurping the role of elected officials.”

Officials practise “active or passive disloyalty” and are guilty of “sabotage.” The “fairy tale” of political reliance on anecdotes versus official reliance on anecdotes led to a “destructive … misuse of power,” which “translated in subterranean efforts to block, derail, or deflect the efforts of fairly able politicians.”

But apart from the tone, what is Paquet’s argument?

That super-bureaucrats, starting with officers of Parliament, but including adjudicatory bodies and the courts, have largely usurped the authority of the government and Parliament through “mandate creep with gusto.”

Their ideology or “diktats of indiscriminate compassion” allow them to portray themselves on the “side of the angels” while pursuing an “unlimited increase of the resources dedicated to the bureaucracy.”

“Super-bureaucrats and higher courts judges have often made unwarranted claims based much more on hubris than on superior competence, and couched in drama-queenesque rhetoric …”

Media and academics have been “defending tooth and nail the sacredness of the super-bureaucrats.”

Other critiques of officers of Parliament have been expressed more in terms of the diminished role of Parliament than of deference to the government (Donald Savoie).

But let’s take Paquet’s argument at face value that the super-bureaucrats and others, including “low-level bureaucrats” like he mentioned, have been actively undermining the government.

I wrote Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism as more critical of the public service than the government because I felt that we had failed in our role to provide neutral and impartial advice.

We did not acknowledge our ideological and value biases, our evidence base was too slanted towards these biases, and we clung to a narrow interpretation of risk.

But the government also shares some responsibility. It arrived to government with a stronger ideological focus, one that often coloured its perception of evidence and preference for anecdotes (e.g., labour market shortages), and its willingness to discount risk (e.g., recent number of Supreme Court defeats).

But more fundamentally, Paquet is arguing for little or no constraints upon the government of the day.

He devalues the balance that officers of Parliament, adjudicatory bodies, and the courts provide in a context where Parliament no longer plays that role, given increased partisanship, expanded use of time allocation, and omnibus legislation. These trends predate the Conservative government, but have expanded under it.

Moreover, Paquet is also silent on the government’s silencing of those whose statutory role requires them to be a watchdog (e.g., starting with Linda Keen) or kills bodies that provide independent advice (e.g., National Round Table on the Environment on the Economy).

And does he really believe that the original version of Bill C-23, the Fair Elections Act, should not have been challenged?

Reading this paper alongside his companion article, On Critical Thinking, one is struck by just how much Paquet, so critical of others being trapped by their “mental prison,” falls into the same trap.

Is he as mindful of his own biases, ideology, and assumptions as he accuses others of “disingenuity, sophistry, and bullshit?”After all, all three can be found in the left, centre, and right-wing versions of conventional wisdom.

Heintzman’s Canada 2020 report continues to provoke debate (pay wall)

 

 

Federal government turning to Dragons’ Den to shake up policymaking

Interesting. Is this part of transition planning for a future government that may be more willing to loosen the reins?

Or is it more “make work” given that we have a government that, for understandable – if not necessarily justifiable – reasons, prefers to limit discussion and debate, and reduce the independence of watchdogs.

How much latitude does the government want bureaucrats to have, given their perception, not completely unfounded, of our biases?

Will future governments bring us “back to the good old days” (which were not so good anyway) or not?:

According to the briefing documents, some of the innovative policy ideas the government is looking to test as pilot projects could include using social media or other tools to engage or consult the public, end users and others to help inform policy development; or creating a “tiger team” to address specific, time-limited objectives.

Other examples of possible pilot projects include using open data, such as launching a challenge to design apps, or innovative “social finance instruments” to help address social problems.

The deputy ministers’ committee was created in November 2012 and originally called the DMs’ “committee on social media and policy development.” It was initially mandated to consider links between social media and policymaking, including new models for policy development and public engagement.

As of December 2013, the committee was asked to move beyond social media to examine trends and new technologies to help improve and transform policy development.

Yet, the rise of social media and its impact on how government communicates its messages and develops policy remains a concern to the government, according to the documents.

“Many governments around the world are seeing their authority decrease as autonomous networks of citizens and stakeholder groups emerge, decreasing the impact of governments on public policy. Concurrently, the public is becoming less deferential to authority,” the documents note.

The changes in ease of access to information and data are “effectively undoing governments’ monopoly on policy analysis,” says the briefing material.

“Social media is fundamentally changing the nature of citizen-state relations. Citizens increasingly expect democratic governments to be transparent, participative, responsive, and to provide customizable and digital services,” the documents say.

“The speed of social media interactions puts pressure on government to develop quick and coordinated responses, which can conflict with longer-term policy and communications planning and priority setting.”

Federal government turning to Dragons’ Den to shake up policymaking | Ottawa Citizen.

Canadian charities in limbo as tax audits widen to new groups – Politics – CBC News

Not quite sure whether the list below passes the “smell” test of being neutral and completely free of political direction:

“CRA audits occur at arm’s length from the government and are conducted free of any political interference. Our government is committed to ensuring that our tax system is fair for all Canadians.”

The tax agency acknowledges it has been auditing the political activities of a variety of charities whose work focuses on animal welfare, poverty, education, religion, health, human rights and others.

Canadian charities in limbo as tax audits widen to new groups – Politics – CBC News.

Judicial activism in Canada: Charter fights | The Economist

The Economist’s take on the judicial difficulties of the Government:

Yet the government itself, not meddling judges, may be more to blame. Edgar Schmidt, a former lawyer in the justice department, is suing the government for not subjecting proposed legislation to sufficiently rigorous scrutiny to see if it conforms to the constitution prior to presenting it to parliament. Simon Potter, a former head of the Canadian Bar Association, cited Mr Schmidt’s points in a speech to the association last month in which he accused the government of not doing enough to defend the charter and of fostering disrespect for the judiciary. If Mr Schmidt’s allegations are correct, says Mr Potter, “the executive has decided to take as many freedoms away from us as possible, rather than as few as possible”. He is dismayed that there is more legislation in the pipeline that looks ripe for charter challenges.

One step this government is not prepared to take is to revoke the charter itself. It would involve lengthy, arduous and potentially inconclusive constitutional negotiations with the provinces. More importantly, even the government’s own surveys show the charter is hugely popular with the majority of Canadians. When it asked Canadians to suggest the people and feats they want celebrated in 2017, the country’s 150th birthday, Medicare, peacekeeping and the charter of rights and freedoms were the top three accomplishments. Pierre Trudeau, the former Liberal prime minister who brought in the charter, was the most inspiring Canadian.

Judicial activism in Canada: Charter fights | The Economist.

How public servants support democracy: a response to latest Canada 2020 study | hilltimes.com

More reaction from Maryantonett Flumian to Ralph Heintzman’s Canada 2020 report:

But doesn’t there come a point where a public servant—whose ethical code requires that he or she act “in the public interest”—must say no? Indeed there does. But the threshold is high, and the public servant’s responsibility to act in the public interest does not mean the public service determines the public interest.

For an unelected official, acting in the public interest essentially means three things:

  1. not acting in one’s private interest or in the special interests of those one personally favours;
  2. bringing one’s best professional expertise to bear on the tasks one performs; and
  3. acting consistently with the agenda and direction set by one’s minister, provided it is consistent with the law, with formal government policies, and with public service values and ethics.

So, yes, a public servant could and should refuse, say, to provide support for a partisan event. But he or she could not decline to implement a policy because he or she judged it not in the public interest….

Heintzman’s concerns here are fair enough, but the public service doesn’t operate in an ivory tower. Policies and practices that embarrass governments have never been matters of indifference for public servants. What has intensified in recent years is the pressure of the public environment. Instantaneous digital technology and 24/7 media are undercutting the deliberative, process-driven way in which governments have traditionally responded to issues. “Issues management” has emerged as a growing government need and perhaps the most in-demand skill for an up-and-coming public servant. This reality makes for fine lines that demand vigilance, but it does not mean that the public service has gone political.

Interesting relative lower emphasis on “fearless advice” (from someone who was fearless!) in favour of the softer “bringing one’s best professional expertise,” a not insignificant nuance in the current context of sometimes fraught government public service relations.

How public servants support democracy: a response to latest Canada 2020 study | hilltimes.com.

Destination 2020 Video

On a lighter note, a bit over the top!

Fix the link where science and policy meet

More on the cumulative impact of Government actions on science and science policy from Homer-Dixon, Douglas and Edwards:

The federal government has severely degraded its internal scientific capacity, including its ability to perform and publicize its own scientific research, track outside scientific research, and monitor and assess policy issues with complex scientific content.

Federal ministries have created rules that require government scientists – especially those working on resource and environmental topics – to get approval from senior bureaucrats before publishing their research. They have also sharply restricted travel to scientific meetings and blocked their scientists from communicating with journalists without prior authorization, and even then often only under supervision. Across the federal government – but especially within the departments of Fisheries and Oceans, Environment, and Natural Resources – large numbers of scientists have been laid off and vital labs and libraries closed. Remaining scientists speak of a climate of fear and self-censorship.

Fix the link where science and policy meet – The Globe and Mail.