Tag Archives: federal government

Fun and games with fanciful figures

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David Chaundy of the Atlantic Provinces Economic Council (APEC) asks a question of such thoughtful irrelevance, it’s stunning that no other professional numbers-cruncher has, to my knowledge, raised it.

If you had $56 billion what, would you do with it?

Mr. Chaundy’s challenge to readers of one of his recent commentaries for APEC is equal parts whimsy and gravitas; it stems from a metaphorical gauntlet he threw down to delegates to a recent business outlook conference.

The context, he writes, is the federal government’s Fall Fiscal Update of November 12, in which the finance department “revealed a projected $56 billion in surpluses over the next five years, beginning in 2015/2016. . .Since the government is not going to make you and your friends into overnight billionaires, how would you use these projected surpluses to advance Atlantic Canada’s economy?”

There is, of course, a catch. The feds have already committed to spending $26 billion over five years by introducing the Family Tax Cut, or income splitting ($10.3 billion); increasing the family child care benefit ($13.4 billion); raising the limit on tax-free savings account contributions ($2.3 billion); and investing in infrastructure ($1.3 billion).

That leaves you with a mere $30 billion with which to go to Hawaii and, as the accountants say, get permanently lost or, in the alternative, save the Atlantic Canadian economy for Queen and country.

The honourable route is not as easy as it looks, but Mr. Chaundy embarks jauntily, nonetheless . “Adjust transfers to the provinces,” he advises. “Ensure sufficient infrastructure funding (and) focus on globally competitive innovation.”

Regarding his first prescription, he notes astutely, “By tying the size of transfer programs such as Equalization and the Canada Health Transfer to the growth in the overall economy, the federal government has provided itself with greater fiscal certainty and largely insulated itself from the fiscal impacts of population aging. This is not the case at the provincial level.”

Mr. Chaundy endorses the Parliamentary Budget Office’s recommendation to restore the Canada Health Transfer growth rate to six per cent and factor a sliding scale of regional benefits based on provincial age demographics. Such moves could mean an addition $500-600 million to the Atlantic provinces over the next five years.

As for infrastructure, he writes “The Canadian Centre for Policy Alternatives estimated that underinvestment in infrastructure in Canada amounted to a gap of $145 billion: Canada needs to spend $20-30 billion a year for ten years on top of current spending to return infrastructure spending to historic levels.”

Atlantic Canada’s portion could amount to some $670 million annually if the funding formula was a per-capita calculation. “But if distributed according to need, the Atlantic provinces would receive proportionately more due to the region’s older infrastructure.”

Finally, on the subject of innovation, Mr. Chaundy is as clear as every other economist in the developed world: No amount of spending on social services or, indeed, infrastructure will actually goose a jurisdiction’s earned incomes and overall net worth. “What is critical for the region’s growth are firms that are export oriented and that have differentiated their products and services in the global market through their proprietary technology, specialized competencies or superior quality of their products or services.”

Mr. Chaundy suggests the federal government ponies up an additional $1 billion a year. (That’s not, in fact, a heck-of-a-lot when you consider the several, different diverse economies functioning within individual provinces. Does Newfoundland and Labrador’s offshore oil and gas industry resemble, either in the skills it requires or the technology it deploys, anything remotely comparable on Prince Edward Island?)

The new money could be used to help businesses leverage private sources of funding for innovation, technology commercialization, strategic alliances, mergers, and expansions.

All of which makes eminently good sense and, in fact, always has.

For several decades, two of Atlantic Canada’s great fiscal burdens have been the cost of providing for its disproportionately older workforce and comparatively ancient infrastructure. Both have siphoned off public money that might otherwise have been spend on economic capacity-building exercises of the type Mr. Chaundy describes.

Still, these mind experiments always remind me of those times when, in weak and weary moments, I daydream about winning the lottery.

Let’s see. . .If I had a million dollars, $10 million, $50 million. . .what would I do?

Something or someone always arrives to shake me out of my reverie.

This time, it’ll be falling oil prices.

Hello resource economy.

Goodbye surplus city.

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In the policy-maker sweepstakes, the Supremes win

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It’s bad enough for a sitting government with an entire justice department at its disposal to be judged broadly inept on matters of law. But to be found so wanting by one of the country’s leading conservative think tanks?

Gadzooks! Et tu, Brute?

But there it was some days ago for all to witness: The Macdonald-Laurier Institute’s 2014 pick for policy-maker of the year.

The winner was (cue drum roll) the Supreme Court of Canada. The reason was (cue kazoo) it managed to wipe its hallowed chambers with government lawyers 70 per cent of the time in big, landmark cases.

Allow into evidence, if you will, item #1: The federal Tories wanted an elected Senate and thought they could push a form of one through legislative channels without opening up the Constitution and all that pesky inter-provincial wrangling that is, in fact, the very essence of Confederation.

The Supremes’ response: “Sorry, fellas, it’s not gonna happen on our watch.”

This almost dismissive “now-off-you-go-and-play-nice-for-a-change” routine transpired seven times in 10 Supreme Court considerations of government cases. Apart from the Senate decision, these included key matters involving aboriginal title and land claims, prostitution, the appointment of Supreme Court justices from Quebec, cybercrime, truth in sentencing, and retrospective repeal of accelerated parole review.

For Benjamin Perrin – an Associate Professor at the University of British Columbia, Faculty of Law and a Senior Fellow at the Macdonald-Laurier Institute – who who picked this year’s top policy-maker, the decision was a no-brainer:

“The policy and legal impact of the Supreme Court of Canada’s decisions of the

last year are significant and likely enduring; the Supreme Court of Canada was a remarkably united institution with consensus decisions on these significant cases being the norm, and dissenting opinions rare; and the federal government indeed has an abysmal record of losses on significant cases, with a clear win in just one in 10 of them.”       

What’s more, if there had been a concerted effort to stack the court with justices who could be counted upon to tow the Conservative Party line, that effort seems to have failed miserably. “(Mr. Perrin’s) analysis showed that the court reached a consensus decision in 80 per cent of these cases – higher than the average over the past decade,” a Macdonald-Laurier press release stated.

Added Mr. Perrin, himself: “There is no evidence whatsoever of any observable split in the Court’s decisions on significant issues between the six judges appointed by Prime Minister Harper and the three judges appointed by previous prime ministers.”

Make no mistake, these are no trifling matters. Mr. Perrin correctly observes that 2014 hosted a disproportionate number of landmark cases. The government’s losing streak effectively handed the keys to the castle to the judicial branch.

“In its decisions on significant constitutional matters in the last year, the Supreme Court of Canada has made bold decisions that fundamentally affect the way Canadian Democracy functions,” he writes.

Furthermore, he concludes, “The most significant and enduring impact of the Supreme Court of Canada in the last year will be its interpretation of the amending procedures in the Constitution Act, 1982, in its reference decisions related to Senate reform and the appointment of judges to the high court from Quebec. Taken together, these decisions entrench the Senate and Supreme Court of Canada as institutions that are virtually untouchable. Changing the composition of either institution has been determined to require the unanimous approval of the House of Commons and the Senate as well as every provincial legislature.”

So, then what happened in 2014?

Did the government know the law well enough before it argued its cases before the court? Or, did justice lawyers feel that discretion was the better part valor (or, at least, their own job security) before politely suggesting that their political masters were out to lunch on one or more points of precedent?

In any case, Mr. Perrin thinks a post-mortem is in order. “Until this is exhaustively done, it would be premature, as some commentators have suggested, to conclude that there is a fundamental rift in values between the federal government and the Court.”

Maybe, but from where this commentator stands, it sure looks that way.

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In the policy-maker sweepstakes, the Supremes win

IMG_0129

It’s bad enough for a sitting government with an entire justice department at its disposal to be judged broadly inept on matters of law. But to be found so wanting by one of the country’s leading conservative think tanks?

Gadzooks! Et tu, Brute?

But there it was last week for all to witness: The Macdonald-Laurier Institute’s 2014 pick for policy-maker of the year.

The winner was (cue drum roll) the Supreme Court of Canada. The reason was (cue kazoo) it managed to wipe its hallowed chambers with government lawyers 70 per cent of the time in big, landmark cases.

Allow into evidence, if you will, item #1: The federal Tories wanted an elected Senate and thought they could push a form of one through legislative channels without opening up the Constitution and all that pesky inter-provincial wrangling that is, in fact, the very essence of Confederation.

The Supremes’ response: “Sorry, fellas, it’s not gonna happen on our watch.”

This almost dismissive “now-off-you-go-and-play-nice-for-a-change” routine transpired seven times in 10 Supreme Court considerations of government cases. Apart from the Senate decision, these included key matters involving aboriginal title and land claims, prostitution, the appointment of Supreme Court justices from Quebec, cybercrime, truth in sentencing, and retrospective repeal of accelerated parole review.

For Benjamin Perrin – an Associate Professor at the University of British Columbia, Faculty of Law and a Senior Fellow at the Macdonald-Laurier Institute – who who picked this year’s top policy-maker, the decision was a no-brainer:

“The policy and legal impact of the Supreme Court of Canada’s decisions of the last year are significant and likely enduring; the Supreme Court of Canada was a remarkably united institution with consensus decisions on these significant cases being the norm, and dissenting opinions rare; and the federal government indeed has an abysmal record of losses on significant cases, with a clear win in just one in 10 of them.”

What’s more, if there had been a concerted effort to stack the court with justices who could be counted upon to tow the Conservative Party line, that effort seems to have failed miserably. “(Mr. Perrin’s) analysis showed that the court reached a consensus decision in 80 per cent of these cases – higher than the average over the past decade,” a Macdonald-Laurier press release stated.

Added Mr. Perrin, himself: “There is no evidence whatsoever of any observable split in the Court’s decisions on significant issues between the six judges appointed by Prime Minister Harper and the three judges appointed by previous prime ministers.”

Make no mistake, these are no trifling matters. Mr. Perrin correctly observes that 2014 hosted a disproportionate number of landmark cases. The government’s losing streak effectively handed the keys to the castle to the judicial branch.

“In its decisions on significant constitutional matters in the last year, the Supreme Court of Canada has made bold decisions that fundamentally affect the way Canadian Democracy functions,” he writes.

Furthermore, he concludes, “The most significant and enduring impact of the Supreme Court of Canada in the last year will be its interpretation of the amending procedures in the Constitution Act, 1982, in its reference decisions related to Senate reform and the appointment of judges to the high court from Quebec. Taken together, these decisions entrench the Senate and Supreme Court of Canada as institutions that are virtually untouchable. Changing the composition of either institution has been determined to require the unanimous approval of the House of Commons and the Senate as well as every provincial legislature.”

So, then what happened in 2014?

Did the government know the law well enough before it argued its cases before the court? Or, did justice lawyers feel that discretion was the better part valor (or, at least, their own job security) before politely suggesting that their political masters were out to lunch on one or more points of precedent?

In any case, Mr. Perrin thinks a post-mortem is in order. “Until this is exhaustively done, it would be premature, as some commentators have suggested, to conclude that there is a fundamental rift in values between the federal government and the Court.”

Maybe, but from where this commentator stands, it sure looks that way.

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