Minority rights, reasonable limits, voter turnout, and the Quebec student protests

As someone with libertarian sympathies, I can appreciate the furor over Quebec’s Bill 78, which places limits on protest activities, such as a minimum distance from post-secondary facilities and the requirement of advance notice before a protest takes place.  Moreover, I also see the potential of this bill backfiring on the Charest government. Even a cursory scan of news reports following the bill’s passage shows that parents and older Quebeckers have joined the ranks of students in the streets, and as the scope of the protests continues to expand from the original raison d’être of accessibility of post-secondary education.

On the other hand, I am also puzzled, particularly by the support of leftists/progressives in English Canada.  Why? Because Bill 78 is arguably quite Canadian, and progressives tend to lament the ‘Americanization of Canada.’

Regardless of the ultimate underlying political reason for Bill 78, one of the things it accomplishes is to protect those students who are not protesting and wish to continue attending classes. The protection of minority rights and the strengthening the standing of traditionally disenfranchised groups in Canadian society (women, visible minorities, First Nations, the handicapped, LGBT groups, etc.) are key issues for many of the Canadian left, and key objections of the new Canadian right. I do not know the exact proportions of students protesting and not protesting, but it seems counter to principles the left has historically stood for to oppose allowing conscientious objectors to the protests the right to attend classes—something for which the ‘scabs’ have applied and won via a court injunction.

Moreover, as anyone who has read the Charter of Rights and Freedoms knows, it “guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.”  I am no lawyer or constitutional scholar so I cannot comment on whether or not Bill 78 would pass the Oakes Test, but the fact still stands that it is within the purview of governments in Canada to place limits on freedoms outlined in the Charter, assembly and expression included. One need not be familiar with Seymour Martin Lipsett’s writings on Canadian and American societal development to know that, on the issue of “rights versus order,” Americans lean towards rights and Canadians lean towards order. The difference is spelled out in the respective constitutional documents: American society seeks “peace, liberty, and the pursuit of happiness,” whereas Canadian society seeks “peace, order, and good government.”

Perhaps Canadians are simply becoming less deferential, as argued by Neil Nevitte. Or, perhaps, for the left, the value of challenging the establishment trumps the value of protecting the rights of the minority of students who are not protesting.  Or, perhaps the answer is a lot simpler; maybe this has been about the self-interest of students wanting cheap tuition all along.

My vote is with the simple explanation. While tempting to say that the Charest government’s decision to raise tuition by a few hundred dollars is a betrayal of the principles of the Quiet Revolution, as MNA Geoff Kelley explained to CBC’s As It Happens on Tuesday night, even with the increase, the percentage of the total cost of post-secondary tuition that Quebec students would be paying remains at the 17% level set after Le Révolution Tranquille.

That is not to say there is anything necessarily wrong with acting out of self-interest; it is perfectly within the rights of Quebec students and student organizations to do so. Perhaps this issue will help mobilize young voters, who likely made up a large percentage of the 54 per cent of voters who stayed home in Quebec’s 2008 election. After all, if the Charest government really is as intransigent as the student leaders say it is, then no amount of protesting will equal the power of showing up to the polls as a bloc and “throwing the bums out.” The students cannot forget that, as much as some of them would like to compare themselves to the Arab protesters of last year, as much as some would like to call the government tyrannical for imposing limits on the freedoms of expression and assembly, the society in which they live is still democratic and still has free elections, and they should avail themselves of that avenue that so many Arab civilians died to bring to their societies.

If turnout in Quebec’s upcoming provincial election does not substantially rise, if there is no significant expansion in the number of citizens exercising the fundamental freedom guaranteed by democracy upon which all others are based on,  then what message does that send about all that they have fought for in the last hundred days?

Fighting the enemy indirectly: Mulcair, Harper, Redford, Smith and the oil sands

Canada’s Official Opposition Leader, Thomas Mulcair, predictably, took up the banner of attacking Alberta’s oil sands and claiming they were crippling Canada’s manufacturing sector by inflicting Dutch Disease on Canada’s economy. I will leave the economic debate to the economics. Instead, I want to discuss how politicians fight their opponents indirectly. While this is not technically the same as attacking a straw man, it is similar because, though a politician claims they are challenging one thing, in reality, they are actually challenging another.

While western Canadian leaders decry Mulcair’s anti-oil sands comments as ‘divisive politics’, can anyone really blame him? The NDP only won three seats in the Prairies, so it only make sense, strategically, that he would court vote-rich Ontario where many ridings in manufacturing centres are held not by the NDP, but by the Conservatives. What better way to win them over then by blaming their hardships on the oil sands and the pro-oil sands Conservatives? Note that Mulcair’s criticism focuses on the pain of the eastern manufacturing industry and not the environmental issues that regularly plague the energy sector. This shows the NDP is confident the post-materialist left is solidly within their camp and does not need to be chummed with environmentalist rhetoric, allowing them to focus on a pro-industry, pro-manufacturing, pro-labour message. Why attack the Conservatives when most Ontarians supported them and when they take credit–rightfully or wrongfully–for keeping Canada in relatively good shape, vis-a-vis the rest of the western world, during the recession? Far better to attack the Conservative’s credibility indirectly by portraying the west as a bogeyman, and then painting the Conservatives as being guilty-by-association.

Premiers must stick up for their province when they come under fire, so, of course, Christy Clark, Alison Redford, and Brad Wall mounted a counter-offensive against Mulcair. Alberta Opposition Leader Danielle Smith also waded into the fray. However, Smith’s target was not really Mulcair, but Redford, whom she alleged was not doing enough “to be a champion for the development of the resource.” (Smith was more vocal on the Rob Breakenridge Show, but audio from her interview is not yet up on the web site.) Smith is more concerned about Mulcair’s comments insofar as she can accuse Redford of being an ineffective defender of Alberta. Redford, being the very intelligent leader she is, will likely ignore Smith so as not give the Wildrose any more attention than necessary. However, if forced to comment, Redford will likely accuse Smith of sowing the seeds of division within Alberta instead of presenting a united front against the enemy in the east. Similarly, I would not be surprised if Smith would speculate that the reason Redford is not being more vocal  is because Redford owes her victory in part due to NDP supporters.

As an aside, while I do not usually comment on BC or Saskatchewan politics, both Clark and Wall face NDP opponents in their respective provinces, which makes is a convenient side-benefit of fighting the NDP federally.

Such is the reality of politics–that it is often easier to attack an enemy indirectly than to face them head on. (The military analogue would be to invade France by attacking Belguim first in order to avoid the Maginot Line.) Mulcair attacks Harper by attacking the west. Smith attacks Reford by attacking Mulcair. Even the Alberta Liberals have accused the PCs of not standing up to the feds enough in an attempt to build up support in Alberta, which just goes to show that everybody does it.

While politicians appeal to the principle of unity, consensus is impossible, and a party really only needs 50 percent plus one in order to seize or maintain power. Thus, how they push their policy agenda requires strategic decisions about which segments of society to court and which ones to antagonize. If discord is inevitable, necessity dictates that political actors will seek to sow its seeds in a way that suits their favour.

Second choices in the 2011 and 2004 elections

I found out the 2011 Canadian Election Study data has been made available to the public, so I just had to download it and start going through the data. (If you are unfamiliar with the CES, a short description of it is at the bottom of this post.) The CES Team outputs several official publications and presentations on the data, so there is little that I could contribute to the great work that they already do. (Though, as an aside, it is a dream of mine to work on the CES, even as a research assistant.) Rather, I look at particular topics of interest to me. Today’s post is about second choices.

Even without going into the topic of strategic/tactical voting, measuring voters’ second choices collects valuable data. From this data, one can infer the number of ‘blue Liberals’ or ‘red Tories’. That can also help show which parties had a broad appeal and were able to appeal to voters as a credible alternative to their preferred choices.

The following tables are crosstabs of vote choice by second choice for the 2004 and 2011 elections. Why these elections? 2011 is most recent, and 2004 is the first election with the current party configuration (i.e. where there is a united Conservative Party of Canada, or CPC ). For both elections, respondents from Quebec were excluded from the analysis.

2004 vote by second choice, ROC

2nd choice Vote
Lib CPC NDP Total
Lib 66.9% 75.4% 40.3%
CPC 41.4% 24.6% 22.2%
NDP 58.6% 33.1% 37.4%
Total 100.0% 100.0% 100.0% 100.0%

n=927
Source: Canadian Election Study 2004

2011 vote by second choice, ROC

2nd choice Vote
Lib CPC NDP Total
Lib 34.3% 65.8% 33.6%
CPC 24.0% 34.2% 17.2%
NDP 76.0% 65.7% 49.2%
Total 100.0% 100.0% 100.0% 100.0%

n=1063
Source: Canadian Election Study 2011

Obviously, a degree of change is to be expected, given that the 2004 election resulted in a Liberal minority and the 2011 election resulted in a CPC majority. However, how the changes in patterns of second choices is substantial. Whereas Liberals’ second choices in 2004 were about a 41 to 59 split in favour of the New Democrats, that ratio has since widened to 24 to 76. The Liberals used to be the second choice of about two-thirds of Conservatives, but by 2011, the Liberals and NDP exchanged places, and the latter are now the second choice of most Conservatives. Ideologically, it seems counter-intuitive that a conservative would favour the NDP over the Liberals as a second choice. However, due to the regionalized nature of party competition in Canada, there are some regions where the contest is predominantly between the CPC and NDP. Moreover, the CPC’s majority in 2011, and the decrease in the number of Liberals whose second choice is the CPC, could also indicate that they were able to successfully appeal to voters who usually vote Liberal but whose second choice is the CPC.

Finally, the most interesting—to me, anyway—finding is that, in the 2011 election, the NDP was the second choice of almost half of all voters in English-speaking Canada. Whereas the Liberals were the second choice for a plurality of voters in 2004, in 2011, the NDP was the second choice of almost a majority of voters—and increase that comes at the expense of both the Liberals and CPC. This provides further evidence of the broad appeal of Jack Layton and the NDP’s efforts over the last couple of years to moderate their image to not only appeal to a broader cross-section of the electorate, but to deliberately squeeze the Liberals out. Given that the CPC has, in spite of having a majority government and in spite of fulfilling a few ideological promises, resisted pressure to revert back to its decidedly ideological stances of the past, the Liberals are facing an existential problem of how to define themselves when the best parts of its policy stances are being co-opted on both sides.

This was a quick analysis done on a single variable between two elections, so I do not want to make too much of this. However, with the last remaining old-line party trailing Canada’s new parties that are in a statistical dead heat (May 12, 2012), I cannot help but wonder if the Liberals will suffer the same fate as the Progressive Conservative party of old. If so, then, from a party systems perspective, Canada could be experiencing one of the greatest political realignments of its history.

(For additional read, I recommend looking into John Ibbitson’s ‘Death of the Laurentian Consensus’ thesis. This blog post by The Reeves Report summarizes it well.)



About the Canadian Election Study:

The Canadian Election Study (CES), it is a study done by a team of political scientists who specialize in public opinion and voter behaviour for every federal election. There are three ‘waves’ of surveys: a campaign-period telephone survey that is done by a rolling cross section throughout the campaign, a post-election telephone survey, and a follow-up paper survey that is now done on the internet. The study covers many topics outside of how people voted like their attitudes and beliefs, political activity, volunteer work, and demographics

The conservative civil war is older than people think

Every news story, editorial, or blog post about this election has said that it will be a watershed in Alberta’s political history. The province of political dynasties is on a precipice that happens only once every few decades, and this election will either be a repeat of 1993 when the reigning dynasty was able to reinvent itself or of 1971 when even the weight of history could not withstand the winds of change.

What is this election about? From a purely political standpoint, this is a battle between the factions of the conservative movement in Canada that have been at war with each other for decade. Alison Redford is the vanguard of the possible return of Torydom to Alberta. By ‘Tory’, I do not mean the colloquial term describing Canadian conservatives in general, but the specific strain of Canadian conservatism that traces its lineage all the way back to John A. MacDonald, but is most personified by the Tories of the second half of the twentieth century like Robert Stanfield, Dalton Camp, Joe Clark, Brian Mulroney, and  Peter Lougheed. Redford is merely the latest standard-bearer of a prestigious political pedigree.

Danielle Smith and the Wildrose, on the other hand, are part of the ‘new right’, the rise of which has been ascribed to populist champion Preston Manning and his intellectual allies such as Tom Flanagan, Barry Cooper, Rainer Knopff, Stephen Harper, and, ironically, now-Tory Ted Morton. However, this western Canadian brand of conservatism is older than the 1980s, and can be traced back to prairie populists like John Diefenbaker, Ernest Manning, and William Aberhart.

(Colby Cosh’s piece on the Wildrose and Kevin Libin’s piece on Alison Redford discuss the political pedigrees of both leaders.)

The details are usually only of interest to political scientists, historians, and journalists, but suffice it to say that the 2012 Alberta Election is merely the latest flare-up of a long-standing conservative civil war. The fight between moderate Tory elites and populist and ideological conservatives does not just describe the duel between Redford’s PCs and Smith’s Wildrose but is the same battle fought by Robert Stanfield’s faction of the federal PCs against the Diefenbaker loyalists in the 1960s.

So what about the Ralph Klein years? How could Ralph’s PC party—a party that led a decade-long scorched earth campaign against the debt decried even by his successors—be the same party as that of Peter Lougheed, who started government corporations and supported the National Energy Program?

It wasn’t.

The anointed successor to Don Getty was fellow Tory Nancy Betkowski, but she was defeated by populist Ralph Klein. Ralph Klein was more of a populist than a true conservative because, though he was (in)famous for slaying the dragon that was the deficit, he was known as a Liberal before entering provincial politics, and government spending during his final term could hardly be called conservative. His populist appeal, however, remained constant throughout his political career.

Moreover, there was a zeitgeist in the 1990s of paring back the welfare state. 1993 was the peak of the Alberta Liberals, and, like Klein, opposition leader Laurence Decore also ran on a platform of deficit-slaying. One has to wonder if anything would have changed in the 1990s had Decore won; I personally believe the Liberals would have slashed-and-burned just as much as Klein did, if not moreso, just to prove that Liberals could govern austerely. This popular sentiment was seen on the federal level too, where—in one of the greatest ironies in Canadian political history–the spiritual successor of the Liberal Party’s left wing, Jean Chretien, also slashed-and-burned and led one of the most fiscally conservative governments in Canadian history during his first two terms.

But, I digress.

The battle between Redford’s PCs and Smith’s Wildrose is a proxy for the struggle between the two visions of Canadian conservatism. The former is more moderate and driven by a cadre of elites who broker between segments of society. The latter is more ideological and populist, relying on plebiscitarian mechanisms to make decisions rather than brokerage done by elites.

This tension is easily seen in the controversy over social issues that has dominated the coverage of this election campaign. In the increasing social liberalism of today, it is not surprising that social conservatives have made their home in populist parties. As the members of the new right have argued, (ironically, one of the biggest champions of this argument is Ted Morton) there is an alliance between Liberal elites and ‘rights-seeking’ individuals (gays, feminists, environmentalists, etc.) to use the courts to bypass the usual legislative channels in order to achieve social change and expand the welfare state to provide service to the aforementioned groups. Thus, while libertarians, social conservatives, and fiscal hawks may have disagreements with each other, they are united in their common opposition to the welfare state and its allies. They argue that old-school Tories, because they rely on brokerage, do not have the backbone to stand up to ‘special interests’ and that these groups do not even have to go through the courts anymore because they can simply approach a government that is all too happy to accommodate their requests.

The Tories, meanwhile, argue their support for these groups is not anything revolutionary, but simply an acceptance that society has changed. Furthermore, as the Tories are more typified by technocratic governance through elites, academics, and professionals rather than the ‘common sense governance’ advocated by populists, Tories more readily accept the intellectual push for change that tends to predate popular acceptance.

Anyone who has been following Alberta politics has seen Redford’s technocratic tendencies and Smith’s repeated invocation of the populist mantra of ‘common sense politics’.

Progressive ‘conservatives’ versus ‘real’ conservatives.

Elites versus populists.

Brokerage versus direct democracy.

Technocracy versus common sense.

No matter how you describe it, the Alberta 2012 election is another chapter in the long-standing internal rivalry within the Canadian conservative movement—a rivalry that has been a civil war since the post-Diefenbaker days, and a rivalry that was only recently pacified at the federal level when the Canadian Alliance absorbed the Progressive Conservatives in 2003. Which side will win in Alberta remains to be seen. Toryism outside of the Maritimes is confined to Alberta and Manitoba. Elsewhere, it has had to ally with the Liberals (as is the case in British Columbia and Saskatchewan) or has been taken over by the new right altogether, as is the case with the Ontario Progressive Conservative Party.

Popular interest in politics might wane after April 23, 2012, but the followers, practitioners, and students of politics will watch with interest as the two conservative factions continue to do battle in Alberta’s 28th Legislative Assembly.

In Memoriam: Jack Layton

Jack Layton
July 18, 1950 – August 22, 2011
Leader of the New Democratic Party of Canada
Leader of Her Majesty’s Loyal Opposition

Jack Layton waves his cane triumphantly during the 2011 election campaign. Photo by Stephen Yui of straight.com.

With the volume of tributes for Jack Layton being written, I decided to take a slightly different approach for a tribute. I’ve never met him, or even seen him in person, let alone worked with him or been friends with him, so there’s nothing that I could say about him that someone wouldn’t be able to say better. His achievements speak for themselves, and his mythos has already surpassed Broadbent’s and put him on the same level as Tommy Douglas and even the visionary J.S. Woodsworth himself.

Instead, I will discuss the importance of symbols, particularly, Jack’s cane.

I chose to display this picture of Jack Layton because, as the election campaign progressed, his cane become a symbol unto itself. This was peculiar, given the history of political leaders being viewed as persons of greatness and their usual practice of carefully crafting their image so they don’t appear weak. Not Jack, though.

Granted, he needed the cane to walk for anything longer than a short distance and everyone knew about his hip injury anyway; but still, the cane–even though it was needed out of weakness–became a symbol of strength. Jack was the only politician in the campaign that Canadians connected with on a first name basis, and whenever he walked onto a stage and triumphantly brandished his cane, he became the embodiment of the little guy fighting the establishment.

Never mind that he had a PhD, was a professor, or was a distant relative of a Father of Confederation, Jack was someone that everyone could relate to. I’m sure someone will cry foul over that last sentence, but it’s true, and I don’t say it out of spite, but out of Jack’s achievement in relating to the everyman. I’m not a big fan of descriptive representation, and I think Jack proved that you can be a middle-aged, upper-middle-class, well-educated white guy and still understand the plight and stand up for those left behind by society.

It seems like a cruel fate for a leader to be cut down in their prime, particularly after a great victory, but it is a stark reminder of the limits of humanity’s efficacy against the slings and arrows of outrageous fortune. The prince can be daring, virtuous and prudent, and, yet, even the most brilliant strategy and tactics will fall short, if fortuna herself so decrees.

As cold as that might seem, romantics need not despair, for there is no shortage of other ways to characterize our collective loss. Perhaps this was a fitting way for Jack to depart from humanity–to have taken Canada’s social democratic movement to the frontiers of the promised land, his final missive a progressive Deuteronomy urging his followers to find their Joshua.

From either a realist or romantic perspective, Jack’s greatness is assured, even if his final impact is yet to be determined. There is ample time ahead to ponder the future of the New Democrats–or, for that matter, the future of Canadian politics–without Jack. But, for now, we honour his service, his dedication, and his courage.

Jack was a politician that every Canadian was on a first-name basis with. His cane was a symbol showing that weakness was not a physical state, but a condition of the spirit. His spirit, indomitable until the end, lives on in his final written words: “Let us be loving, hopeful and optimistic. And we will change the world.”

Full text of Jack Layton’s final letter:

August 20, 2011

Toronto, Ontario

Dear Friends,

Tens of thousands of Canadians have written to me in recent weeks to wish me well. I want to thank each and every one of you for your thoughtful, inspiring and often beautiful notes, cards and gifts. Your spirit and love have lit up my home, my spirit, and my determination.

Unfortunately my treatment has not worked out as I hoped. So I am giving this letter to my partner Olivia to share with you in the circumstance in which I cannot continue.

I recommend that Hull-Aylmer MP Nycole Turmel continue her work as our interim leader until a permanent successor is elected.

I recommend the party hold a leadership vote as early as possible in the New Year, on approximately the same timelines as in 2003, so that our new leader has ample time to reconsolidate our team, renew our party and our program, and move forward towards the next election.

A few additional thoughts:

To other Canadians who are on journeys to defeat cancer and to live their lives, I say this: please don’t be discouraged that my own journey hasn’t gone as well as I had hoped. You must not lose your own hope. Treatments and therapies have never been better in the face of this disease. You have every reason to be optimistic, determined, and focused on the future. My only other advice is to cherish every moment with those you love at every stage of your journey, as I have done this summer.

To the members of my party: we’ve done remarkable things together in the past eight years. It has been a privilege to lead the New Democratic Party and I am most grateful for your confidence, your support, and the endless hours of volunteer commitment you have devoted to our cause. There will be those who will try to persuade you to give up our cause. But that cause is much bigger than any one leader. Answer them by recommitting with energy and determination to our work. Remember our proud history of social justice, universal health care, public pensions and making sure no one is left behind. Let’s continue to move forward. Let’s demonstrate in everything we do in the four years before us that we are ready to serve our beloved Canada as its next government.

To the members of our parliamentary caucus: I have been privileged to work with each and every one of you. Our caucus meetings were always the highlight of my week. It has been my role to ask a great deal from you. And now I am going to do so again. Canadians will be closely watching you in the months to come. Colleagues, I know you will make the tens of thousands of members of our party proud of you by demonstrating the same seamless teamwork and solidarity that has earned us the confidence of millions of Canadians in the recent election.

To my fellow Quebecers: On May 2nd, you made an historic decision. You decided that the way to replace Canada’s Conservative federal government with something better was by working together in partnership with progressive-minded Canadians across the country. You made the right decision then; it is still the right decision today; and it will be the right decision right through to the next election, when we will succeed, together. You have elected a superb team of New Democrats to Parliament. They are going to be doing remarkable things in the years to come to make this country better for us all.

To young Canadians: All my life I have worked to make things better. Hope and optimism have defined my political career, and I continue to be hopeful and optimistic about Canada. Young people have been a great source of inspiration for me. I have met and talked with so many of you about your dreams, your frustrations, and your ideas for change. More and more, you are engaging in politics because you want to change things for the better. Many of you have placed your trust in our party. As my time in political life draws to a close I want to share with you my belief in your power to change this country and this world. There are great challenges before you, from the overwhelming nature of climate change to the unfairness of an economy that excludes so many from our collective wealth, and the changes necessary to build a more inclusive and generous Canada. I believe in you. Your energy, your vision, your passion for justice are exactly what this country needs today. You need to be at the heart of our economy, our political life, and our plans for the present and the future.

And finally, to all Canadians: Canada is a great country, one of the hopes of the world. We can be a better one — a country of greater equality, justice, and opportunity. We can build a prosperous economy and a society that shares its benefits more fairly. We can look after our seniors. We can offer better futures for our children. We can do our part to save the world’s environment. We can restore our good name in the world. We can do all of these things because we finally have a party system at the national level where there are real choices; where your vote matters; where working for change can actually bring about change. In the months and years to come, New Democrats will put a compelling new alternative to you. My colleagues in our party are an impressive, committed team. Give them a careful hearing; consider the alternatives; and consider that we can be a better, fairer, more equal country by working together. Don’t let them tell you it can’t be done.

My friends, love is better than anger. Hope is better than fear. Optimism is better than despair. So let us be loving, hopeful and optimistic. And we’ll change the world.

All my very best,

Jack Layton

Follow

Get every new post delivered to your Inbox.