Dissenting minister who survived New Brunswick cabinet firings puzzles scholar
Daniel Allain and Jeff Carr were fired for publicly opposing government policy but not Arlene Dunn
"The convention of cabinet solidarity was broken by all three," said Emmett Macfarlane, a political scientist at the University of Waterloo.
"Arguably the premier has misunderstood the convention."
On Tuesday, Higgs shuffled his cabinet and removed former local government minister Daniel Allain and former transportation minister Jeff Carr.
Premier
Higgs arrived at Government House for a cabinet shuffle Tuesday. He
invoked the parliamentary convention of cabinet solidarity to explain
why he fired two ministers, although academics say it was unevenly
applied. (Jacques Poitras/CBC)
Two weeks earlier the pair, along with then social development minister Dorothy Shephard and then post secondary education minister Trevor Holder and two additional backbench government MLA, voted for an opposition motion to further study government changes to Policy 713, which covers the treatment of LGBTQ students in public schools.
Shephard submitted her resignation from cabinet on June 15 following the vote, as did Holder days later.
A fifth government minister, Arlene Dunn, was not in the legislature for the vote but publicly announced the following day she, too, would have sided against the government had she been there.
On Tuesday, while Allain and Carr were fired, Dunn retained her job and was given additional responsibilities.
Higgs explained that although Dunn had publicly opposed the government's plan in interviews and public statements, that wasn't the same violation of cabinet solidarity committed by those ministers who voted against it.
"When you have cabinet ministers who take a position against the government in the legislature, it's very significant," said Higgs.
Jeff Carr said ministers felt they were free to vote their conscience on government changes to Policy 713. (Jacques Poitras/CBC)
"If you look at the parliamentary system we operate under, cabinet support is paramount."
But Macfarlane said that is not a full understanding of the principles and traditions involved.
"The convention does not apply to voting. It applies to any public disagreement with the government," said Macfarlane.
He explained that in a parliamentary system the premier and cabinet ministers are "collectively" responsible for government policies and decisions and are required to defend all of them, even those they might disagree with privately, or resign.
Dunn, he argues, was in the same position opposing the government's changes to the 713 policy outside the legislature as Carr and Allain were voting against it inside the Legislature.
"You have a real problem when a cabinet minister even just articulates dissent," said Macfarlane.
"Under our traditional view of the convention of cabinet solidarity the minister should have actually resigned."
No 'hard' rules
Greg Flynn, chair of the department of political science at McMaster University in Hamilton, said Higgs can do as he pleases because parliamentary traditions are not "hard and fast rules" and can be applied or not at the premier's discretion.
However, he said it is difficult to argue any parliamentary tradition would suggest treating Dunn differently than Allain and Carr.
"Generally speaking, any deviation or expression of disapproval from a government's position/policy should trigger either a resignation by the Minister or dismissal from Cabinet," wrote Flynn in an email about the issue.
Yan Campagnolo, a law professor at the University of Ottawa, does see some room for Higgs to treat Dunn's opposition to the government policy differently than the other ministers, but said all three were on thin ice.
"In a system of cabinet government, a minister who cannot publicly support a significant government policy would normally be expected to resign," said Campagnolo.
University
of Ottawa law professor Yan Campagnolo says ministers who cannot
support a government policy normally resign on principle. (University of Ottawa)
In his view, a minister voting against the government in the legislature is "the ultimate form of dissent" that no premier would tolerate, but he said it's not clear to him if Dunn's absence from the vote was a scheduling problem or a deliberate decision not to embarrass Higgs.
"Arlene Dunn's case is not as clear cut," he said.
Higgs had publicly announced prior to the vote in the legislature that he would not be requiring government MLAs to support any particular position and on Wednesday Carr said that signaled to ministers they were free to vote their conscience.
"It's not a whipped vote and nobody asked us how we were going to vote," Carr told CBC News.
But Macfarlane said that's not how cabinet solidarity works, either.
He said free votes for cabinet ministers are rare and always explicit, and he said every minister who feels it important to be publicly critical of a government policy or to vote against it, normally would resign their cabinet position on their own beforehand.
"We would always, except for very rare exceptions in Canadian history, expect cabinet members to vote with the government. That is in fact the convention of cabinet solidarity," said Macfarlane.
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Fired cabinet minister speaks out on premier's leadership style
Jeff Carr remains PC MLA, supports leadership review
On Tuesday, Higgs shuffled his cabinet, replacing Carr in transportation and former local government minister Daniel Allain.
The reason given was that the two former ministers broke with cabinet solidarity by voting for an opposition motion on Policy 713.
"We have to respect the parliamentary system that we're in, the sanctity of cabinet, and the fact we'll have very frank and open discussion in cabinet or in caucus, but in cabinet you have to have solidarity," said Higgs after the shuffle.
Higgs claimed the vote on Policy 713 was not whipped, but he said
Tuesday, 'I never made it a free vote, either.' (Stephen
MacGillivray/The Canadian Press)
But Carr isn't buying that explanation.
"Cabinet solidarity, yeah, you can't square that up when it's an opposition motion," said Carr, speaking to Information Morning Fredericton.
"It's not a whipped vote and nobody asked us how we were going to vote. Nobody talked to us about that after we voted for, like, 18 days."
Cabinet conflict
Cabinet solidarity is the concept that cabinet ministers must openly support the government on all matters, and if a minister can't or won't support the government they should resign.
But this clashes with the idea of a free vote, meaning government members are not whipped — expected to vote on the government side, which sometimes happens with votes on issues such as abortion or LGBTQ rights.
There are different interpretations on whether cabinet ministers can vote against the government on a free vote, like Carr did, or must simply abstain, as Arlene Dunn did on the same Policy 713 vote. She remains in cabinet.
Political
scientists J.P. Lewis said it's up to the premier to interpret when a
minister has violated the sanctity of the cabinet. (Graham Thompson/CBC)
J.P. Lewis, a political scientist at UNB Saint John, said cabinet ministers have been expected to support the government even on free votes, historically, but the interpretation of that rule comes down to the premier.
"It's the premier's prerogative," said Lewis. "It's up to the first minister to interpret when they think a minister has violated [cabinet solidarity.]"
Premier 'lost' says Carr
Carr said he questions whether he should have stayed in cabinet as long as he did, but said he was hoping to have a moderating effect on the premier.
He said there have been ongoing issues with Higgs's leadership style, adding the premier's behaviour at a weekend PC party meeting was indicative of his style behind the scenes.
"People
were offering the premier an olive branch to ask him to fix this within
caucus," said Carr. "He burned that olive branch in front of a number
of very good volunteers."
Information Morning - Fredericton 14:22 Carr shuffled out of cabinetCarr also had criticism for the people running that meeting, saying it was unorganized and the agenda was changed without advance warning.
"It was like it was purposely unofficial so that there would be no record of what would happen on Saturday," said Carr.
CBC News has reached out to PC party president Erika Hachey about Carr's description of the meeting and is awaiting a response.
Carr remains PC MLA
He dodged questions about whether he still supports Higgs, but said he doesn't support his leadership style.
He does support a leadership review.
"The premier seems to have lost his way with this style," said Carr.
"I feel for him and his family and my colleagues, and we have to do something soon."
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With files from Information Morning Fredericton
"We will look going forward at what needs to change," he said.
In other cabinet moves, Bruce Fitch replaces Shephard as minister of social development, while Education and Early Childhood Development Minister Dominic Cardy remains in that job. Mary Wilson moves from Economic Development to minister of Service New Brunswick.
Rookie Moncton East MLA Daniel Allain becomes the minister of local government and local government reform.
Allain told reporters the title is a sign that the government considers reform a major priority.
Other first-time MLAs joining cabinet are:
Margaret Johnson as minister of agriculture, aquaculture and fisheries.
Arlene Dunn as minister responsible for economic development. She is also minister responsible for immigration and minister of Aboriginal affairs.
Tammy Scott-Wallace as minister of tourism, heritage and culture and minister responsible for women's equality.
Jill Green as minister of transportation and infrastructure."
Whoa !! What drugs is this dude on !!
sanctity (noun) : the state or quality of being holy, sacred, or saintly.
Dissenting minister who survived New Brunswick cabinet firings puzzles scholar
Daniel Allain and Jeff Carr were fired for publicly opposing government policy but not Arlene Dunn
Robert Jones · CBC News · Posted: Jun 29, 2023 7:00 AM ADT
However, he said it is difficult to argue any parliamentary tradition would suggest treating Dunn differently than Allain and Carr."
Highlights the massive dysfunction that Higgs has created in our government and in our province.
And it highlights how urgently our province needs a change … only then will we have the chance to be better.
Look no further than Ottawa for recent real life examples on what happens when a cabinet minister tries to buck the boss.
It has nothing to do with voting with or against the government. It simply requires that the premier retains confidence in you and is 100% subjective.
The writing is on the wall for Higgs.
........................and worse, PP is still slithering around N.B.
Get PP an N.B. t-shift.........................It should read, "The New Backwards"
that's the liberal style
now I will read the story
je me souviens
Do as they say, not as they do.
As New Brunswick changes its LGBTQ policy in schools, advocates worry it's just the beginning
'There's nothing stopping a government from passing discriminatory legislation,' says professor
A policy about LGBTQ students at the heart of a political battle in New Brunswick could have a ripple effect across Canada, according to experts who say they're concerned it could open the door for other provincial governments to make similar changes.
New Brunswick's Policy 713, which was introduced in August 2020, outlines minimum requirements for a safe environment for LGBTQ students. Earlier in June, the province's Progressive Conservative government made changes to the policy, scheduled to take effect on July 1.
If those changes go forward, similar "attacks against the transgender and the non-binary community" could happen elsewhere in Canada, said Kristopher Wells, an associate professor at MacEwan University in Edmonton, and the Canada Research Chair for the Public Understanding of Sexual and Gender Minority Youth.
"Once one government makes a change, then it becomes often easier or more popular for other governments to consider those changes as well," he told CBC News.
"I think other provinces are obviously watching very closely to see what the potential fallout will be," said Helen Kennedy, the executive director for LGBTQ advocacy group Egale Canada.
New Brunswick's recent changes to the policy mean it's no longer mandatory for teachers to use the preferred pronouns or names of transgender or non-binary students under the age of 16.
A teacher or school would need to obtain parental consent for any child who wants to change their name at school. A student who refuses parental involvement would be referred to a school psychologist or social worker to develop a plan to inform the student's parents.
Premier Blaine Higgs has said that the changes reflect the government's desire to ensure parents play a role in the "formative years" of their children.
Higgs defended the changes again Tuesday during an interview with CBC's Power and Politics, saying he was seeing "a tremendous outpouring of support" for his position.
"Nationally, people are saying, 'Why wouldn't parents play a role?'" he said.
Backlash, political debate
The change has caused turmoil in Higgs' cabinet, including two resignations. On Tuesday, he dropped two ministers who had voted against him on the gender-identity policy. Unionized school psychologists and social workers have filed two grievances with the provincial government.
It has also sparked federal debate, with both Prime Minister Justin Trudeau and Opposition Leader Pierre Poilievre chiming in. Speaking at a Pride even in Toronto earlier in June, Trudeau spoke out against the changes.
"Trans kids need to feel safe, not targeted by politicians. We need to stand against this," he said.
On Tuesday, Poilievre told reporters that Trudeau should stay out of it, saying "the prime minister has no business in decisions that should rest with provinces and parents."
"So my message to Justin Trudeau is, 'Butt out and let provinces run schools and let parents raise kids.'"
The changes have drawn national attention, with the Canadian Civil Liberties Association (CCLA) saying it will cause harm to trans and non-binary kids — not just in New Brunswick, but potentially across Canada.
"Make no mistake that this decision sets a dangerous precedent and that could instigate similar attempts to harm the rights of children across the country," Harini Sivalingam, lawyer and director of the Equality Program at the CCLA, said in a June 9 press release.
Meanwhile, a conservative Christian group based in B.C. is calling it a test case for its own efforts to roll back school LGBTQ policies.
Court challenges an option that take time
LGBTQ rights in Canada are protected under the Canadian Charter of Rights and Freedoms, and sexual orientation, gender identity and gender expression are protected in every provincial and territorial Human Rights Act.
According to Wells, this means any public institution by law must provide a discrimination-free environment.
According
to Kristopher Wells, an associate professor at MacEwan University in
Edmonton, and the Canada Research Chair for the Public Understanding of
Sexual and Gender Minority Youth, 'there's nothing stopping a government
from passing discriminatory legislation.' (MacEwan University)
"But that doesn't mean that the rights won through the courts and through government can't be stripped away or taken away," he said.
Wells points to what happened after Jason Kenney was elected premier in Alberta — his United Conservative Party passed a controversial education bill that rolled back previous protections for children who join Gay-Straight Alliances in schools.
While politicians can pass legislation or policies that can be seen as discriminatory, these can also be challenged in the courts, Wells said, noting that there are checks and balances in the system.
In New Brunswick, he said, the only recourse the community really has is to either file a human rights complaint or go through the court system.
"But the reality is it takes a long time to challenge a government in court to get legislation ruled as being unconstitutional and stricken down," Wells said.
"There's nothing stopping a government from passing discriminatory legislation. That's why people need to to be very careful about how they vote."
Just the beginning?
Egale Canada's Kennedy says she worries the changes to Policy 713 are just the beginning.
"Do I see a political trend here to scapegoat members of the 2SLGBTQI community? Absolutely," Kennedy said. "We forget that there are human beings attached to the other end of all these political opportunist actions."
It's a hostile environment right now for the LGBTQ community, she said, noting the recent targeting of Pride flags as just one example.
Several communities across Canada, including Norwich, Ont., and Hope, B.C., have recently decided not to fly Pride flags. There have also been reports this year of flags in various provinces being stolen, damaged and burned.
Earlier this month, students in Vaughan, Ont., walked out over the York Catholic District School Board's decision not to raise a Pride flag at its education centre.
As far as Policy 713 is concerned, Kennedy says other provinces are likely looking at both the political response — will an election be called? Will Higgs fall? — and the community response, such as parental pushback. And while she says it's been encouraging to see some opposition, she also says the damage has been done.
"It's out there. We all know how [Higgs] feels about members of the 2SLGBTQI communities, and it's disturbing," she said.
"Every child, every student, has a right to a safe and inclusive education."
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With files Marie-Jose Burgos and the Canadian Press
Several high-profile ministers dropped as Blaine Higgs unveils new cabinet
Premier appoints 6 women to 16-member cabinet in Tuesday's swearing-in ceremony
Jacques Poitras · CBC News · Posted: Sep 29, 2020 2:40 PM ADT
Premier Blaine Higgs has jettisoned six members of his previous cabinet and has appointed six women as ministers in a sweeping post-election shuffle.
The six Progressive Conservative MLAs who served in Higgs's cabinet from 2018 until they were dropped Tuesday include high-profile members Andrea Anderson-Mason, who was attorney general, Jeff Carr who was at Environment and Local Government, and Jake Stewart who was minister of Aboriginal affairs.
Bill Oliver, Sherry Wilson and Ross Wetmore are also out.