How the Liberal-NDP deal could damage democracy
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Summary
In this episode, we talk to Howard Anglin, a post-doctorate researcher at Oxford University and former Chief of Staff to Prime Minister Stephen Harper and Principal Secretary to Alberta Premier Jason Kenney, about the possibility of a coalition between the Liberals and the NDP.
Transcript
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Prime Minister Justin Trudeau and NDP leader Jagmeet Singh have brokered a deal to form a coalition
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that guarantees the Liberals stay in power until at least 2025.
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They say you're not allowed to call it a coalition.
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We've got to use its technical name, a supply and confidence agreement.
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And we'll break down the details of that in a bit.
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But whatever you call it, what does it really mean?
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Trudeau and Singh say it means all of your progressive dreams will now come true.
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But the conservative opposition say it's a power grab that leads to backdoor socialism.
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Our guest today says that what it could be is something even worse than a coalition and potentially even more damaging to our democracy.
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Howard Anglin has reflected a lot on these sorts of issues over the years in his capacity as a postgraduate researcher at Oxford University,
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a lawyer who has worked all around the world and most relevant to our discussion today as Deputy Chief of Staff to Prime Minister Stephen Harper
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and Principal Secretary to Alberta Premier Jason Kenney.
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You wrote an article about this situation in The Hub, and you mentioned in this article that this could be a scenario worse than a coalition.
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And answering it, I think, takes us to the heart of how the parliamentary system works in Canada.
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But obviously, we get our system from the Westminster system in the United Kingdom.
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And the system in its current form goes back about 200 years.
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And at its core is a principle called responsible government.
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And responsible government is a very, a lot has been written about it.
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It can get very complex when you get into the weeds.
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But at its core, it is the principle that the Queen's ministers are not just responsible to the Queen, to the Crown,
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but they're also responsible to the elected members of Parliament.
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And we can get into how that works, both in theory and in practice.
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And I think it's very, it's very important to get into that, to understand why, why I say that this could be worse.
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But the simple answer is responsible government rests on the accountability of the government, the cabinet, the ministers,
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the people who sit around the table with Justin Trudeau and Justin Trudeau himself every day, being accountable to Parliament.
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And that accountability is enforced through the threat of non-confidence votes,
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where Parliament at any point can vote to replace the government effectively.
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The NDP, in this case, has said that it will not do that for three years.
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It didn't say we won't do it if, unless there's a major scandal,
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we won't do it unless the Liberal Party does something that we deeply disagree with, declares war, something like that.
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In principle, we can get to what it means in practice, but in principle, they've given carte blanche to the government to do whatever it wants.
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And that's removed the accountability mechanism that is at the heart of responsible government.
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So government doesn't have to worry now about being accountable to Parliament for three years, in principle.
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Now, Jagmeet Singh, he did say at the press conference, announcing all of this, that he's like,
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OK, we've signed this deal, but I can really rescind it at any time, and we're still going to be attentive,
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making sure Trudeau abides by the things we want him to abide by.
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So he would say, no, that he's left himself many outs.
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But I guess what I don't really understand is, why sign a deal like this,
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suggesting there aren't going to be any outs between now and 2025, but then also try and say that there will be?
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I mean, I don't really understand the argument he's making there.
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Yeah, so what I just said, and all the stuff about responsible government and the theory,
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and why this, if the agreement is taken at face value, why it could be worse,
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because it evades this process of responsible government and accountability.
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That's all premised on the agreement actually meaning what it says.
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And I think in politics, it's reasonable to hold people accountable to things they put in writing,
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things they sign, and things that they make clear.
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Of course, in reality, the agreement could be torn up tomorrow.
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It's not like your mortgage or a lease or something.
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Of course it could, but then that just prompts the question,
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what was the point of the agreement, which is your question.
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So either the agreement is toothless, I wrote this in the article,
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either the agreement is actually toothless, in which case, why are we talking about it?
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Or it means something, but the NDP has made themselves toothless.
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But it can't be a very important groundbreaking agreement on the one hand,
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but also be something that can be torn up tomorrow.
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I find it quite remarkable when you actually read the text of this agreement,
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and it's posted on the prime minister's website.
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It's written like it's a platform or like it's a mini throne speech or a mini budget.
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They say, we've made this deal, and here are the terms of the deal.
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We're going to be having our different whips meeting and our senior staff meeting on a monthly basis or what have you,
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and here are all the different items that we're going to be working towards for the next few years.
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I'm going, this is a very odd kind of document.
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Like it's kind of a platform, but we're not in an election.
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These are things that the NDP talked about these things during the election,
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but they are not the first place, not the second place, not the third place party in parliament.
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Is this a thing that the people should have more of a say in?
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Ideally, the people should have as much say as possible in how our governments run
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within the limits of popular control and government expertise, on the other hand.
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But yes, I think what you're getting at is nobody voted for this.
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This is, and this is why I think some people have said the NDP have effectively given
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Trudeau and the liberals a majority government without having earned it.
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And you can't just add up the 32 and a half percent of people who voted for the liberals
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and the 17 or so percent who voted for the NDP and say, aha, 50%, it's a majority.
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No, because the 17% of NDP did not vote for liberals and the 32% voted for liberals did
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Nobody voted for this and nobody voted for, no 50% of Canadians or even enough to get a
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majority in parliament, which is much less, voted for this plan.
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Now, Howard, I've heard a lot of people say you can do it.
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But I feel like part of the problem is that because this isn't done often or has pretty
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much not really been done at the federal level before, people are acclimatized to the way
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the system functions, immaterial of the technical rules.
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And while this may technically not violate our democracy, I feel like it violates the spirit
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I think that's a really good way of putting it.
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And as I said, we inherited it from the English and, well, the United Kingdom.
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And it's strange in the sense that very few of the rules by which we are governed are actually
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We have a constitution from 1867 that sort of divides power between the provinces and the
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And then we have a charter and a 1982 constitution, which provides sort of a bill of rights and
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certain other guarantees around language and other sort of core substantive matters.
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But actually how our government works day to day is not written down, except in the standing
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orders of the House of Commons and of the Senate.
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But those are creations of the House of Commons and the Senate, and they can be changed.
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What it rests on then is a series of practices and principles and conventions that have grown
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And at the core of that is this idea that the government, and by government, I have to be
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very clear about these terms because a lot of these things get used interchangeably.
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The government in the sense of the executive branch of the cabinet, the people that actually
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run government day to day, the ministers who run all the ministries, defense, health, transport,
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In the American system, they are outside of the legislature.
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You have the president and the cabinet who exist in their own world.
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In our system, they are embedded in the legislature.
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And this is what the Victorian theorist of the Constitution, Walter Badgett, called the efficient
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secret of the Westminster parliamentary system.
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And it's efficient because by embedding or partially fusing the government with the legislature,
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it forces the government to work with the legislature day to day to get its agenda passed.
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And this healthy tension produces scrutiny and accountability for the government on a daily basis.
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And we see this in question period and committees.
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And this is enforced by sort of a mutual assured destruction policy.
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Obviously, it's not a great analogy, but on each side, the government or the legislature,
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If it's having trouble getting its agenda passed through the legislature, if its policies are not
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getting through, if it thinks it can't get funding, it can go to the governor general and ask for
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the legislature to be dissolved and make its case to the people and hope that more members are elected
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who will support their agenda so they can get it passed in the new legislature after the election.
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On the other hand, the legislature at any time, if it loses what's called confidence in the government,
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if it disagrees fundamentally with what the government is doing, it can vote non-confidence in the government,
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So either the legislature or the government can trigger an election at any time.
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And that produces the incentive for them to work together and the accountability that keeps the government honest,
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and what the NDP has done here is said, we are not going to vote no-confidence in the government for three years.
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We're not going to move a motion, and we're not going to vote for a motion if the conservatives of the bloc raise a motion.
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So they've essentially removed the accountability mechanism for the government for three years.
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Now, as you said earlier, Jagmeet Singh says he might still hold them to account,
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but then that brings us back to the question of what was the point of the agreement.
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On the terms of the agreement, they are giving the government effectively a pass from accountable government for three years.
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And that's why I said at the beginning this could be worse than actual coalition government,
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where the government is still potentially held to account.
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Now, the NDP has already sent out press releases and messages to the media, to its supporters,
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saying this is a great victory for us because the issues that we are passionate about,
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the things we want to deliver to Canadians, are included in this deal,
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and we will have been able to bring about a dental plan for seniors, for low-income Canadians,
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and various other pledges that the NDP has been pushing for,
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and that is what makes this deal entirely worth it.
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And I know, Howard, when some people have been talking about this deal,
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they have not been talking about the sort of back-end components of it,
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They've just been talking about the policy issues.
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The idea of, oh, if we poll Canadians, should there be a dental plan?
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So this actually greenlights everything that's going on right now.
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One, put aside the issue that health care is actually largely a provincial responsibility,
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which the NDP has never seen a national plan they don't love.
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I remember seeking, promoting once a national biking strategy or something.
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Anyway, so let's put aside the constitutional division of powers on this issue.
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Let's also put aside the popularity of these things.
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Because, okay, well, let's put aside the popularity for now.
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I think it's relevant, and I think we can come back to that as a pure sort of political horse race question
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The two other elements, though, are, one, will they actually be able to get these policies through
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And I think, while it's possible to lock in some progress on these issues,
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the wheels of the federal government just don't move fast enough to actually create
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the policies that they're looking for in the short time frame,
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considering all the work that has to be done, coordinating with the provinces,
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working with Quebec, because, as you know, Quebec already has some of these things,
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So, I think the NDP may have sold themselves a bit short on this by not, then, for example,
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insisting on saying, well, we want the Minister of Health to be an NDP member,
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so we can actually make sure that progress is made on this,
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and we can actually hold the government more to account directly within Cabinet
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and be part of the actual governing coalition, and that would be a coalition government.
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So, I think the NDP has a great press release right now,
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but that doesn't necessarily mean that they will actually have results by 2025.
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The other part, though, and this gets back to the process that I'm most concerned about
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and what I wrote about, and that is, there's more to government than legislation.
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In fact, legislation is a very small part of government.
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What a government does in the House of Commons is very public,
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but most of what government actually does is done outside of Parliament.
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And I cited examples in my article for, so the Declaration of the Emergencies Act,
00:17:12.760
for example, that happened outside of Parliament.
00:17:14.860
It's only later that you get accountability or non-accountability in Parliament.
00:17:18.500
Going to war, providing military aid to Ukraine,
00:17:21.860
something the NDP opposed up until very recently, that's done outside Parliament.
00:17:29.520
Distributing literally tens of billions of dollars of grant money every year.
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I mean, the way the government actually implements its policies.
00:17:37.000
That's all done outside of the House of Commons.
00:17:42.160
The sponsorship scandal that we remember from the 1990s,
00:17:49.080
Trudeau's ethics violations happened outside of Parliament.
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International diplomacy, whether we're being an effective leader on the world stage.
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And we rely on Parliament to actually hold government accountable within the House
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for all the things it does outside the House of Commons.
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And by saying that in exchange for a few pieces of legislation,
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the NDP will not vote non-confidence of the government,
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means that it's not going to hold the government.
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It's saying it won't hold the government accountable
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It puts all the focus on pieces of legislation,
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which, as I've said, I think it's unlikely to get that much progress on,
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for all the myriad things that ministers, the prime minister,
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the cabinet, and the government do day-to-day to run the country.
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We'll be back with more full comment with Howard Anglin in just a moment.
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Why do you think the liberals are doing this right now?
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A minority government means that you're always on a war footing.
00:19:31.280
You're always worried about an election being called.
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govern without having to worry about an election for three years.
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He effectively gets a majority government, as we discussed.
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But as you pointed out, Jagmeet Singh has actually said
00:19:50.180
he's not going to actually give the government a complete pass.
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The realities of politics are the liberal government becomes massively unpopular.
00:20:03.220
There's still a good chance we can have an election before 2025.
00:20:06.800
So Trudeau may not have, he may have bought himself peace in the short term,
00:20:10.300
but he doesn't necessarily buy himself three full years.
00:20:21.500
I'm going to put on a slightly partisan hat here,
00:20:28.060
The liberal party is a stale and listless party.
00:20:33.880
What's the last big idea that the liberal party had that you can think of?
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The only ideas that are left out there on their side of the aisle,
00:20:44.080
center left to far left, are the NDP's old ideas.
00:20:47.760
So I think what they've got here is a policy transplant.
00:20:53.340
It's the political equivalent of a heart or a brain transplant and a blood transfusion from the NDP.
00:21:02.220
So now what we're left with is this sort of strange,
00:21:07.500
that old young Frankenstein movie or something.
00:21:09.280
We have a Frankenstein's monster with a liberal body with an NDP brain and blood right now.
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And I think that Trudeau is probably okay with this because deep down,
00:21:23.700
he is more ideologically, intellectually, emotionally aligned with the NDP
00:21:30.220
than he is to the old Chrétien, Martin, let alone Wilfrid Laurier liberal party,
00:21:36.660
I mean, there's an irony here that he was a, to put it crudely,
00:21:42.360
he was chosen as the leader of the liberal party for his name.
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Trudeau was selected because he was a Trudeau and that inspired people.
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But the irony is that almost as soon as he became the leader,
00:21:58.920
he showed that had he not been born with the last name Trudeau,
00:22:02.020
he probably would be a more natural member of the NDP or the Green Party.
00:22:08.980
So I think he finally gets to govern with the liberal brand
00:22:12.760
and the NDP Green policies that he actually deep down supports.
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Howard, to what degree do you think we may be normalizing this idea?
00:22:24.240
So I know you said that this deal may not stay together up until 2025.
00:22:28.400
Let's say it more or less does and things move along
00:22:32.940
We get up to the election and right now we have,
00:22:35.060
I guess you can call it a coalition of the winners
00:22:36.820
and that the liberal government did win the most seats in the House of Commons.
00:22:39.260
We get up to 2025 and then there's an election.
00:22:43.620
the conservatives won the popular vote under Andrew Scheer first,
00:22:51.080
and the conservatives win the popular vote again.
00:22:52.880
But the seat distribution is such that they have the most seats
00:22:56.940
But the liberals and NDP still have a lot of seats combined.
00:23:01.800
We're actually kind of liking this arrangement we have.
00:23:04.200
So, you know, we already did this sort of coalition thing
00:23:08.260
Why don't we just sort of kind of keep doing a coalition kind of thing?
00:23:15.700
I think that we've already had that for seven years effectively.
00:23:22.560
So the liberals have effectively been governing
00:23:33.200
And I've seen somebody liken this on Twitter to
00:23:38.300
two people have been living together for seven years
00:23:43.100
They're just formalizing what's been the fact for seven years.
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I'm going to steal that, by the way, for another column.
00:24:13.840
I think if Harper government had won a minority in 2015 election,
00:24:26.620
I think that the NDP and the liberals would have joined together
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and proposed something like what is happening now,
00:24:49.920
the liberals have governed effectively with the support of the NDP.
00:24:52.000
And I think they're quite happy doing that for now.
00:25:06.720
as always happens at some point in a democracy,
00:25:56.320
And we were told it was this sort of brilliant thing