Roundup: Federal Court says Emergencies Act didn’t meet the threshold

The Federal Court ruled yesterday that the invocation of a public order emergency under the Emergencies Act didn’t actually meet the threshold for such a declaration. (Full decision here). As a result, some of the uses of emergency powers were overbroad, such as the curtailment of freedom of expression in clearing the occupation, or that the police just kind of made it up as they went along as they froze the bank accounts of the owners of trucks participating in the occupation (and really, only about 57 individuals were affected). The federal government declared immediately that they were going to appeal this decision, citing in part the fact that the public inquiry didn’t come to the same conclusion. While I have a full story coming out later today on this, it’s important to note that the ruling was fairly narrow and technical, rejected a number of the complainants that were part of it, and largely affects future invocations of the Act, having little effect on what happened (because we can’t turn back time).

Amidst the various reactions, revisionism certainly was on display among the talking heads over the course of the evening, who insisted that the government had more “surgical” tools they could have used instead of invoking the Act, erm, except no, they didn’t. The problem was that Doug Ford washed his hands of the whole thing, and eventually the federal government had no other option than to invoke the Act because nobody else was getting control of the situation. And the Conservatives? They are eating up this decision and spreading shitposts far and wide over their socials about how this was a condemnation of Trudeau, and how “divisive” he was, and so on. This feeds directly into their dystopian world-building where they are pretending that Trudeau is some kind of jackbooted dictator taking away people’s rights, when that’s explicitly not what happened here, or any reflection of our objective reality whatsoever. But they want to create the illusion that this is true for their believers, because when you can get them to stop believing in our objective reality, people are so much easier to manipulate.

In commentary, Emmett Macfarlane makes a reasoned case for disagreement with the decision which is well worth reading, while Paul Wells makes more of a case for this decision over the public inquiry, though I suspect he too falls a little into the trap of revisionism because the existing tools weren’t working precisely because Doug Ford refused to act.

Ukraine Dispatch:

Russian missile strikes on Kyiv and Kharkiv have killed 18 people, which Russia claims are all hits on the military-industrial complex. It is more likely that Russia is probing Ukraine’s defences for weakness as they suffer from shortages because Western arms manufacturers are slow to produce new ammunition and equipment, and the US’ budget deadlock is not helping matters any. On the front lines, the reliability of drones used by Ukrainian troops is of varying quality because many of them are cheaply and hastily assembled.

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Roundup: Atwood on authoritarianism

For a change, I’m not going to give you much in the way of musings, but rather to exhort you to watch this short video, narrated by Margaret Atwood, about how easy it can be for democracy to slip into authoritarianism from either the left of the right, because each has their own motivations for doing so. Knowing their tactics is one effective way of stopping them, because it robs them of their rhetorical power and punch. We need more of this, not less, as things in the Western world get increasingly pulled into the orbits of those justifying authoritarianism, or “illiberal democracy” as Hungary’s Viktor Orbán likes to describe it as. These same actors are on the move here in Canada as well, and we need to shine a light on them and their tactics.

Ukraine Dispatch:

Russian missiles have hit Kyiv and Kharkiv early Tuesday morning, killing at least three. Poland’s new prime minister visited Kyiv to meet with president Volodymyr Zelenskyy, and help smooth over the issue of Polish truckers and farmers blockading border crossings. Zelenskyy also said he is looking to make changes to the country’s constitution to allow for dual citizenships, except for those living in “aggressor countries.”

https://twitter.com/ukraine_world/status/1749686187516739639

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Roundup: Debunking Singh’s dunks

NDP Leader Jagmeet Singh’s political comms lately have been a little bit…cringey. Not like that TikTok in the shower staring blankly cringey, but saying ridiculous things that he should have thought about for thirty seconds before posting cringey. Like this housing development in Edmonton, that he’s denouncing as “luxury condos.” Except they’re not, that whole concept is dated, any market housing that increases supply helps push down prices, and oh yeah, it’s a Métis-led development that is geared largely for affordable housing, and most of them are to be pegged at below-market. Yikes.

https://twitter.com/MikePMoffatt/status/1748311506620428422

https://twitter.com/MikePMoffatt/status/1748313113206636842

https://twitter.com/MikePMoffatt/status/1748314188756251009

As if that wasn’t bad enough, he’s pretending that Poilievre will cancel rent control, which, erm, doesn’t exist federally, and then goes on a conspiracy theory about being beholden to developers who contributed to his campaign, in the low thousands of dollars, because remember, this is Canada and we have campaign contribution limits. If you think you’re buying a politician for $1200/year, you’re out to lunch.

https://twitter.com/MikePMoffatt/status/1749125638961652148

Of course, this is what happens when as a party, you crib all of your ideas from the “justice Democrats” in Washington, and ignore that we’re two separate countries with different laws, demographics, and circumstances. Unfortunately, this keeps happening, and it makes our politics in this country dumber as a result.

Ukraine Dispatch:

Russia had to suspend operations at a Baltic Sea fuel terminal after what appeared to be a Ukrainian drone strike caused a major fire. President Volodymyr Zelenskyy is concerned by Trump’s rhetoric of unilateral action and claiming he could end the conflict in 24 hours, and wants Trump to visit Ukraine so he can see the situation for himself.

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Roundup: A ridiculous court appeal

There is a court case in Ontario, now being appealed to the Ontario Court of Appeal, filed by election reform advocates claiming that the existing single-member plurality voting system is unconstitutional because it violates Charter rights. It was rightfully dismissed by the Superior Court judge, because obviously, but there is something I did want to remark on. No, I’m not going to go into another rant about why I’m not a fan of proportional representation systems, or how most of their arguments deliberately misconstrue how single-member plurality works, but rather about how this is yet another attempt to use the courts when you lose at politics.

Beyond this kind of challenge being just on this side of lawfare, what gets me is how these kinds of groups seem to have zero conception of just what they want the courts to order in terms of a remedy, because that’s a pretty big deal. You want the courts to declare that the current system violates the Charter? Ignoring for the moment that their arguments are specious and jejune, what exactly do they think the courts are going to do? Order the federal government to implement a PR system? Which one? Because that’s kind of a giant sticking point. One of the main reasons why the electoral reform committee in Trudeau’s first parliament failed is because the recommendations in that report were hot garbage—design a bespoke system with a bunch of factors that rendered it virtually impossible to achieve without some major constitutional changes. PR is not one system you can just plug-and-play—there are so many variations of it that can wildly affect outcomes that it’s not inconceivable that it would degenerate into a major fight for years, while the court’s declaration of invalidity hangs over them. How does that work, exactly?

There are similar problems with other court challenges, such as the ones purportedly launched by youth over climate change. What exactly do they think the courts are going to propose as a remedy in that kind of a situation—and if you say “follow the science,” you deserve a smack upside the head, because science is a process, not a declaration. Science is not policy. The courts cannot impose policy, which is why it’s a really dumb idea to resort to the courts when you lose at politics. But that’s what we’re getting a lot of, and it means using the wrong tools and wasting a lot of time and energy to attack the problem in entirely the wrong way.

Ukraine Dispatch:

Ukrainian drones attacked an oil storage depot in western Russia, causing a massive blaze, as a way of unsettling voters ahead of their presidential election.

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Roundup: One great backbencher

Following his unsuccessful run to lead the Ontario Liberal Party, Liberal backbencher Nathaniel Erskine-Smith has confirmed he’s not running in the next election, which is a very big shame. Erskine-Smith has been the kind of backbencher that we need a lot more of in this country, which is to say someone who’s not afraid to rock the boat a little, and to vote against his own party from time to time on matters of principle. That’s exceedingly rare in Canadian politics, and mostly happens only among the Liberals in recent parliaments—Conservatives have a desire to show they’re in lockstep, and the NDP will quietly punish MPs who don’t show continued “solidarity” (and you’d better believe they have an internal bullying culture).

This being said, I’m was not sure that Erskine-Smith would have made a great party leader provincially. While he brought great ideas to the campaign, my concern would be whether someone like that, who wasn’t afraid of rocking the boat from a backbench position, could maintain that energy sustainably in a leadership role, particularly because of the number of compromises that leadership in politics entails. It makes it harder to maintain the kinds of principled positions that he has been able to take, particularly on areas where sitting governments can find themselves getting uncomfortable.

Maybe I’m wrong. Perhaps he could have made it work in leadership and brought a fresh energy to provincial politics the way he’s managed to make a particularly necessary contribution federally. Regardless, I hope he has inspired other backbenchers to take more changes and go against the party line from time to time, because we desperately need it.

Ukraine Dispatch:

Ukrainian forces shot down 22 out of 33 Russian drones launched overnight Thursday, which hit residential neighbourhoods in the southern city of Kherson, and the nearby community of Beryslav. Ukrainian forces also claim to have hit targets in St. Petersburg, which travelled 1250 km to get there. Russian forces claim to have taken over a settlement called Vesele in Ukraine’s east. Meanwhile, six settlements are being rebuilt under the rubric that economies win wars, but they are only building essentials like housing and hospitals, and not libraries or museums.

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Roundup: MPP pay freezes serve no one

There was a piece in the Star yesterday about how MPPs in Ontario have had their salaries frozen since 2008, with no plans to lift it anytime soon. This is the kind of thing that populist rhetoric engenders, and it’s terrible for the state of our politics. While nobody is in politics to get rich, particularly in Canada, we are pretty miserly about what we want to pay our elected officials, and every time there is some kind of economic downturn, we immediately demand that they either freeze or cut their salaries to “set an example” (which is ridiculous because I have yet to see any senior executives in the private sector freeze or cut their pay in response to bad economic times—they get further bonuses, especially if they manage to reduce payroll during said tough times).

It cannot be understated that we underpay our elected officials, particularly at the provincial and federal levels, for jobs that are fairly 24/7 in most instances—especially in the era of social media where they are expected to perform at all hours of the day and night, and where they can’t go to the store without being expected to be “on” and engaging with their constituents. And in a lot of cases, people take a pay cut to become an elected official, particularly if they are doctors or lawyers. We say we want to attract the best, but the longer this kind of thing goes on, the more it will only attract those who are already wealthy and can live with the pay cut. Oh, and Ontario killed their pensions for MPPs decades ago, so on top of being underpaid, they don’t get a pension out of it either, which just makes it all the worse proposition for someone.

Nevertheless, we already have the astroturfers at the so-called “Canadian Taxpayers Federation” griping that Toronto City Council and the mayor are getting a modest pay rise this year, and because legacy media laps up everything they put out, this feeds the hairshirt parsimony and cheap outrage that makes us look as petty and parochial as our worst instincts tend to be. (Tall poppy syndrome is absolutely one of our national neuroses). This isn’t good for democracy, but nobody wants to make that case, which is why we’re in the situation we’re in.

Ukraine Dispatch:

Russian missiles hit an apartment building and a medical centre in Kharkiv early Wednesday; Russia claims it was precision-targeting a building housing “foreign fighters” that included French mercenaries. Ukrainian forces also downed19 out of 20 drones targeting Odesa. The fighting has intensified near Bakhmut, as Russian forces are making more offensive assaults.

https://twitter.com/ukraine_world/status/1747574419994648962

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Roundup: Rachel Notley announces her departure

In a move that has been expected for over a month now, Alberta NDP leader and former premier Rachel Notley announced that she’ll step down as soon as her replacement is chosen, and no, she has absolutely ambition to run federally. It’s probably a good thing that Notley has decided enough is enough, thus avoiding becoming another Andrea Horwath, and frankly, considering how she managed to lose the debate against Danielle Smith, and from there the election, well, it was probably time to call it a day and let a fresher face take over.

It’s not an exaggeration to say that Notley’s time in Alberta politics was transformational—even though her rise to government was largely accidental (voters looking to punish Jim Prentice’s PC government for having the temerity to tell them to “look in the mirror” about demanding high services and low taxes had no other options as the provincial Liberals’ leader just bailed and the Wildrose were decimated after Danielle Smith crossed the floor with most of their MLAs), she managed to run a government that was reasonably competent in a province where one-party rule had left them corrupt and unable to do things like come up with realistic budgets that didn’t involve throwing money at problems. She did what every NDP organisation dreams of and decimated the provincial Liberal party, forcing the centrist voters in the province to her banner by running more to the centre herself, and essentially turning the province into a two-party race. But it’s also notable how her success also had a lot to do with moving away from standard NDP dogma.

Here are some reactions to her announcement (and I thought Jagmeet Singh’s was especially hilarious considering how she spent most of her time in office distancing herself from him), a few biographical details, and a look at her legacy.

Ukraine Dispatch:

Unsurprisingly, the higher intensity of Russian attacks led to a sharp increase in civilian deaths over December. Meanwhile, president Volodymyr Zelenskyy is attending the World Economic Forum in Davos to drum up more support from partners, and met with Antony Blinken while he was there. (No doubt Conservatives in Canada are going to hold this attendance at Davos against him, because conspiracy theories).

https://twitter.com/ukraine_world/status/1747261931164192849

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Roundup: Blaming Trudeau for rent hikes

The Conservatives put out a press release yesterday decrying just how much rent has increased across the country. The problem? Landlord-tenant legislation is a provincial issue, and most of the premiers have resisted rent controls or price caps, mostly for ideological reasons. If indeed rent controls stifle new construction, well, removing them hasn’t spurred it either.

If this is about the market, the federal government hasn’t been in the business of building rental housing since the eighties, and I have seen zero indication that Poilievre would want to get back into that particular line of work. Worse, his release falsely calls the CMHC “Trudeau’s own,” which is a gross mischaracterisation of an arm’s-length Crown corporation that the federal government doesn’t dictate operations to. (This is a rhetorical device Poilievre has been employing a lot, which nobody ever calls him out on either, and that’s a problem). In fact, the government’s decision to remove the GST on purpose-built rentals has given more indications that this will spur development more than any other action so far, but of course, those will take time, which Poilievre is also dismissing with his shtick about people not being able to live in photo-ops.

There has also been the line that this goes back to government spending allegedly raising inflation (false), and that that has raised interest rates, which is what is driving up rental prices, but again, that’s not actually Trudeau’s doing given the global issues with inflation and raising rates to tame it. But Poilievre and his minions would prefer to lie about everything in order to make people angry, because that’s the goal. Facts don’t matter, and that’s a problem for everyone.

Ukraine Dispatch:

Recent Russian air strikes have been focused on Ukraine’s military-industrial complex, however the threat to attacks on energy infrastructure remains high. Ukraine is taking credit for destroying a Russian surveillance plane and an airborne command post. Ukraine’s ground forces commander confirms they are now engaged in “active defence,” but doesn’t rule out further counter-offensive operations. Switzerland has agreed to host a global peace summit at the request of president Volodymyr Zelenskyy.

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Roundup: Frozen Alberta’s electricity woes

Amidst the frigid cold-snap on the prairies over the weekend, Alberta started facing a crisis of its power grid, with emergency alerts going out to ask people to reduce consumption lest rolling blackouts start happening. People complied, and crisis was averted.

Nevertheless, this gave the opportunity for certain premiers to try and blame this on clean energy rules, or to misconstrue those rules in the face of what took place over the weekend in order to tout how great coal is in order to score points, none of which helps anyone. But when your only calculus is to score points, well, that’s what politics has become.

Ukraine Dispatch:

Russia fired 37 missiles and three drones at Ukraine early Saturday, and only eight of those missiles were shot down, likely because of a deficit of air defence ammunition, and as a result, Dnipro and Chernihiv were struck. Meanwhile, Russians have been spending big on infrastructure projects in occupied territories to both draw closer links to Russian territory, but to convince people that they can better rebuild the territories.

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Roundup: No need to consult and launder accountability

NDP foreign affairs critic Heather McPherson tweeted her outrage at the US/UK air strikes against the Houthis yesterday, and Canada’s participation therein (solely in a planning capacity and not contributing any assets), but in her outrage, she decried that Parliament was not consulted before Canadian participation.

This is wrong. Parliament shouldn’t be consulted because it’s not Parliament’s decision.

This kind of decision is a Crown prerogative, and that’s actually a good thing for accountability, because that is the role that the House of Commons should be playing on these decisions—holding the government to account. That’s the whole point of Parliament. MPs don’t govern—they hold to account those who do. And it’s important that we don’t have MPs voting on these kinds of decisions because that launders the accountability. In other words, if the House of Commons votes on military actions, then if things go wrong, they can’t hold the government to account for them because the government can turn around and say “You voted for this, it’s your responsibility, not ours.” That’s how our Parliament is structured, and why it works the way it does.

Oh, but you’ll say. There have been votes in the past! There have been, and they have largely been done for crass political calculations, particularly to divide opposition parties. Case in point was the extension of the Afghanistan mission, which Stephen Harper put to a vote specifically for the purpose of dividing the Liberals in opposition. It’s not how things are supposed to work. The government may announce a deployment or a mission in the House of Commons, and there might be a take-note debate on it, but there shouldn’t be a vote. If the opposition tries to force on as part of a Supply Day motion, as is their right, then it’s non-binding and is explicitly a political ploy, which makes it more transparent than a government’s attempt to launder accountability. And in this particular case, the fact that two or three Canadians are assisting in planning is hardly something that requires debate in the Commons.

Ukraine Dispatch:

Ukraine’s ground forces commander says they need more aircraft to make a difference in pushing back Russian forces. UK prime minister Rishi Sunak was in Kyiv to announce a new tranche of aid, and to address Ukraine’s parliament. A Ukrainian presidential aide says that the amended mobilization bill is expected to pass within days.

https://twitter.com/thestudyofwar/status/1745622690759606541

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