Roundup: NSICOP vs lawful access

Yesterday, the CBC’s national security reporter filed a story about the NSICOP report into lawful access, which was frankly a poor piece of journalism. The story merely quoted from the report without any outside comment, but more than that, the focus and entire framing of the story was more on the frustrations of police and CSIS that they don’t have lawful access tools—and by lawful access, we mean the ability of police or intelligence services to access your digital online history and movements, usually without a judicial warrant. This is very bad. In fact, it’s so bad that the Supreme Court of Canada has twice ruled that it’s unconstitutional, and that police can’t even get your ISP information without a warrant because it offers too much access to the “digital breadcrumbs” of your online life that it can and will violate your privacy.

This is not mentioned in the CBC story. The report talks extensively about the Supreme Court’s definition of privacy and why it’s important, and why it’s important to try and find pathways for information that still require a judicial warrant, and so on. But how was this reported in the story? A single sentence: “It dives into one of the most controversial issues in national security: balancing the individual right to privacy while safeguarding public safety.” If that’s not soft-pedalling one of the major problems underpinning this whole report, I’m not sure what is. And then the story goes back to enumerating the complaints about how hard it is to access that data.

I do think that the NSICOP report’s findings are a problematic in places because it essentially wants Parliament to thread that needle in a way that makes it sound easy.

In the Committee’s view, the primary way the government could facilitate and enable national security investigations while at the same time protecting Canadians’ right to privacy would be to modernize lawful access legislation, based on clearly articulated principles that reaffirm the requirement for a legitimate need for exceptional, targeted and judicially authorized access emphasize privacy and cybersecurity protections, and define transparency and oversight mechanisms. In light of the complexity of the lawful access challenge, the Committee suggests that the government implement an incremental approach to allow for meaningful engagement with stakeholders and a diversity of input.

I also question the wisdom of encouraging a comprehensive data-sharing agreement with the US, given that they are no longer a functional democracy and it’s probably a very bad thing if their authorities have easy access to Canadians’ data for their own purposes. And these are real problems that Parliament needs to confront, in both the (terrible) omnibus border bill C-2, which has lawful access provisions in it, or how it and the cyber-security bill, C-8, can try and force companies to put in backdoors to their encryption (which at least the NSICOP report says is a bad idea). This is a very problematic area of law, but that CBC story did absolute injustice to it, and most especially about the absolute importance of privacy rights, and why we shouldn’t make it easy for police to access our data whenever they claim it’s necessary (especially because CSIS has a history of not being candid with the courts about why they need information or warrants).

Ukraine Dispatch

Ukraine has hit Russian oil infrastructure in both the Bryansk and Samara regions, which is widening the fuel crisis in that country. Under the theory that Trump repeats whatever the last person he was speaking to says, he was saying that Ukraine can win the war and reclaim their territory with NATO help.

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Roundup: Ford casting blame for his own failures—bail edition

While the federal Conservatives are tabling a litany of “tough on crime” bills in order to make themselves look like they’re offering solutions to what they term the “warzone” on Canadian streets, Ontario premier Doug Ford decided that he didn’t want to be left out. Ford tasked his attorney general with sending an open letter to the federal government to call for a bunch of performative nonsense like mandatory minimum sentences or “three strikes” laws, most of which are unconstitutional, and is making all kinds of noises about the problems with the bail system and demanding that the federal government fix them. The problem? The biggest problems with bail are Ford’s fault.

The administration of justice is a provincial issue, and the biggest problem with bail by far is resourcing in the court system. There aren’t enough functional courthouses (especially in Peel Region), there aren’t enough clerks and other staff at these court houses to run trials, there are not enough provincially-appointed judges who handle the bulk of criminal cases, there are issues with the appointment and training of justices of the peace, who deal with nearly all bail hearings. The province isn’t hiring enough Crown attorneys to prosecute cases, and they are burnt out and nearly went on strike fairly recently because of being underpaid. Oh, and provincial remand facilities are overcrowded and they can’t keep people in custody there, and those who are will wind up getting sentencing discounts if they are convicted, because the conditions are so terrible. All of these things are on Ford. But he would rather blame the federal government. Oh, and during this all, Ford is also going to war against photo radar, because of course he is—apparently, it’s all well and good to break traffic laws (which are provincial jurisdiction), but he’s big mad about other laws being broken. Just incoherent.

This being said, I am once again absolutely livid that the media outlets who did report on this letter couldn’t be arsed to get the basics right, such as the provincial responsibilities. It was straight-up stenography from both The Canadian Press and CBC, both of whom should know better. (Neither the Star nor the National Post ran this story). So once again, Ford gets his bullshit repeated uncritically, the federal government again gets blamed, and the very real problems that are his responsibility will again go unchallenged. Utterly infuriating.

Effin' Birds (@effinbirds.com) 2025-09-21T20:02:03.613Z

Ukraine Dispatch

Russia’s attack on Zaporizhzhia early Monday morning killed three and injured at least two others.

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Roundup: Recognizing a Palestinian state

The big news over the weekend was that Canada joined with the UK, Australia and Portugal in formally recognizing a Palestinian state ahead of the start of the UN General Assembly. The statement from the prime minister was all about how this was about advancing the two-state solution, and that Hamas was a terrorist organisation that oppresses Palestinians and that they can’t play any role in the future governance of the Palestinian state, and so on. It was a bunch of paragraphs about “Hamas bad.”

The Conservative response? To declare that this was recognition of the “Hamas state,” and that this is just a distraction from all of his domestic “failures” and that it rewards terrorism. Conservative MPs over social media demanded to know that the borders were, or why the conditions about Hamas releasing hostages before this recognition weren’t met, as though the material circumstances on the ground hadn’t also changed in that time. Other reaction from civil society was decidedly mixed. And the situation is incredibly complex, and this move could make it even more so.

What I wouldn’t be surprised is if the Conservatives don’t try to do something like setting a cat among the pigeons by putting this to a vote on one of their upcoming Supply Days, by bellyaching that they didn’t get to vote on this in the first place (which is not how foreign policy works, as it’s a Crown prerogative), but they would try and use a non-binding vote in order to try and expose the divisions in the Liberal caucus that they can then try to exploit, as they did more than once when they were in power during the Harper years. Tried and true tactic, and I’m waiting for it to happen.

Ukraine Dispatch

The attack early Saturday morning killed three and wounded at least thirty across nine regions. NATO members are meeting on Tuesday to discuss the Russian violation of Estonian airspace.

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Roundup: New hate crime legislation tabled

The government tabled new hate crime legislation yesterday, and while I’m not going to delve too deeply into it here because I’m writing something more substantial about it for another outlet, I wanted to make a couple of observations, starting with the complaints of every reporter in the room during the press conference, which was that they didn’t have copies available at the time, nor did they have press releases available, so everyone was essentially flying blind. Part of this is a function of parliamentary privilege—no one can see the bill until it has been tabled in the House of Commons (or it violates the privileges of MPs), and upon first reading it can be ordered printed, which is why there is a delay on seeing the bill. This isn’t the first time it’s happened, and you would think that some of the more senior reporters would know this, but of course not. It was also the fact that they had the press release immediately after it was tabled, but that was in part a function of the clock (the minister had a flight to catch). But the inability to at least furnish press releases was a legitimate complaint, and the minister’s staff (or the department) should have known better.

This being said, much is being made about the fact that certain symbols are being criminalized if used in the context of promoting hate, and some of the reporters in the room just could not wrap their heads around that context. “But what if someone is wearing a t-shirt?” “What if they have Nazi memorabilia in their house?” The minister was not going to engage in hypotheticals, but the fact that there is context to these offences was a little too abstract.

Some of the reactions were expected, such as the concerns that this is going to impact legitimate protest even though the government has tried to make a clear delineation in the language of the bill that intention to intimidate because of hate is the target, and yes, there are specific legal tests about this. Of course, one of the biggest problems is that we already have laws for most of these offences, but police simply don’t enforce them, and that could be the case after this bill passes as well. Or it could wind up that this bill provides more clarity for police and prosecutors than the existing jurisprudence, but that remains to be seen.

Ukraine Dispatch

Russia claims it has taken control over two more village in Donetsk region, while president Zelenskyy says that Ukrainian forces have inflicted heavy losses on Russians on the frontline counteroffensive near two cities in the same region. Russian jets violated Estonia’s airspace as part of their latest test of NATO resolve.

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Roundup: Danielle Smith’s Notwithstanding hypocrisy

Danielle Smith is planning to invoke the Notwithstanding Clause to protect her anti-trans legislation before the courts can weigh in, much as what happened in Saskatchewan. If you’ve been following that case, at the first court injunction, Scott Moe hurriedly not only invoked the Notwithstanding Clause, but also enacted legislation to shield his government from lawsuits for any harm that may come to these youths as a result of his policy—because if that’s not telling on himself, I’m not sure what else is.

But it gets better. Danielle Smith is also self-righteously opposing the federal government’s factum to the Supreme Court of Canada on the upcoming challenge to Quebec’s Law 21, saying that provinces have a right to use this clause, but then says she disagrees with Quebec’s use of it, but they should have the right. So, she disagrees with using it to attack religious minorities, but she’s totally justified in using it to attack trans or gender-diverse youth? The absolute hypocritical audacity. She’s also built an entire false discourse that the federal factum is going to cause a national unity or constitutional crisis, which mischaracterises what the federal factums says. The federal government position is that the courts can weigh in on whether the law the Clause is protecting violates rights or not. A declaration of no force or effect. But she doesn’t want them to do that, because they would expose her for attacking the rights of vulnerable youth, and that makes her look bad. The poor dear.

Meanwhile, the meltdowns over the federal factum continue, with the Bloc insisting that this is an attack on Quebec’s ability to legislate for itself (it’s not), and conservatives all over insisting that this is going to tear the country apart, and that the Supreme Court needs to be removed if they impose limits, and so on. Not one of them has read the factum, of course, but they’re treating this like political Armageddon, because that’s never backfired before. I’m not sure the minister is helping by soft-pedalling the message of the federal position, especially since pretty much every media outlet is getting the very basics of this factum wrong. But of course, he would be explaining, and “when you’re explaining, you’re losing,” so they never explain, and things continue to slide downhill at an alarming rate.

Ukraine Dispatch

Fragments of a drone attack over Kyiv have damaged the city’s trolley bus network. President Zelenskyy says that Ukrainian forces are pushing Russians back in a counteroffensive along the eastern front. Ukrainian drones have hit Russia’s Gazprom Neftekhim Salavat oil processing and petrochemical complex, one of the largest in the country. Russia has turned over the bodies of over 1000 Ukrainian soldiers. Ukrainian forces are training their Polish counterparts on more effective ways to counter Russian drones following the incursion.

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Roundup: Asking for declaratory powers, not limits

There is a bunch of confusion and/or bad faith arguing going on around just what the federal government said in their factum to the upcoming Supreme Court of Canada hearing on the challenge of Quebec’s Law 21, which they claim is “state secularism” but is really just wholesale discrimination and racism. The reporting hasn’t been great—in fact, the National Post’s is downright misleading—because they keep describing this like it’s a reference question to the Court, which it isn’t, but rather, the argument that they’re putting forward during the existing challenge, and something that they feel the Court should address (which is how factums tend to work).

What their argument consists of is that the Court should be able to declare when a law that is protected by the Notwithstanding Clause is actually unconstitutional. They can’t strike it down, but they can weigh in and say “Yeah, this contravenes Charter rights.” They also want the Courts to be able to do this when something has been ongoing in its use of the Clause (which only lasts for five years before it needs to be renewed in legislation), and to rule on whether it may result in the “irreparable impairment” of rights, because they argue that repeated use of the Clause amounts to “indirectly amending the Constitution.” This is also not coming out of nowhere—the Saskatchewan Court of Appeal just recently ruled that they have this right when it comes to the challenge around the province’s attack on trans youth, saying that invoking the Clause should not be the last word.

Why is this important? Because the point of the five-year time-limit on the Clause is that it allows that government to be voted out before it can be renewed. Having the courts weigh in and say “Yeah, this is discrimination,” even if they can’t strike down the law, is powerful information for voters to have. And it’s absolutely democratic. But you have conservative thinkers who are trying to say that this will cause a “constitutional crisis,” or a national unity crisis if it offends Quebec or Alberta, is frankly absurd. It’s trying to give cover for attacks on minority rights and abuse of the Clause, and they should be honest about those intentions rather than trying to sow confusion and undermining the Court.

Ukraine Dispatch

An overnight Russian attack on the Kirovohrad region has partially cut power and disrupted railway operations. A top Russian commander claims they are advancing on all fronts, in contravention to Ukrainian reports. Ukraine’s anti-corruption agencies say they need more resources to crack down on the “shadow economy.”

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Roundup: Freeland out—for good this time

It was nine months to the day since Chrystia Freeland first resigned from Cabinet, previously under Justin Trudeau, when he told her that he planned to replace her as finance minister with Mark Carney, but would she mind first delivering the fall economic update that had a bigger-than-promised deficit number in it? Carney had not said yes to the position at the time, and things went downhill from there. This time, Freeland says she’s leaving to take up new opportunities—in this case, a position of special envoy related to the reconstruction of Ukraine. Her roles got split up, as the transport portfolio was given to Steve MacKinnon, and the internal trade to Dominic LeBlanc.

https://twitter.com/cafreeland/status/1967994021227401685

I do think that this move solidifies a few narratives that have been floating around, one of which is that Carney is consolidating loyalists. Freeland supporters were pretty much entirely frozen out of Cabinet and other senior roles, and Freeland herself was made a minister as a gesture of unity in the party, but six months later, she’s out. That’s fairly problematic on its face. As well, it’s one more woman out of a senior role, and one who had influence behind the scenes, which again consolidates the bro atmosphere in the PMO, which is not good, and will cause plenty of problems going forward as the blind spots start to grow. For the moment, Freeland is keeping her seat, but will eventually resign it once she has consulted with her riding association and so on. With rumours that Carney plans to offer diplomatic posts to at least two other former ministers, he could be looking to free up a handful of fairly safe seats that he can put more friends or loyalists into (like he did with Evan Solomon).

Alberta carbon price

Danielle Smith is making changes to her province’s industrial carbon price, exempting companies from paying it if they invest in their own emissions reduction projects. You know, which the carbon price incentivised them to do so that they didn’t have to pay as much, because that’s the whole gods damned point of carbon pricing. Absolutely unbelievable stupidity on display here.

About that ovation

There has been a lot of talk about how the House of Commons gave a standing ovation about Charlie Kirk on Monday. That’s not exactly true, and has been torqued by people who may or may not be acting in good faith. The ovation had more to do with standing against political violence rather than Kirk himself. That said, of course it was Rachael Thomas who got up to praise a fascist like Kirk, because this is who Thomas is. She has been marinating in the fever swamps of the American far-right discourse for years, and imports it into Canadian politics all the time, including the very careful creation of an alternate dystopian reality where Justin Trudeau is a “dictator,” and the Liberals are busy censoring tweets on the Internet and are generally being authoritarians, in all defiance of the logic and reality. Thomas absolutely deserves to be called out for venerating a fascist, but I think everyone needs to calm down about the applause that happened afterward because it’s pretty clear the context was about the broader message.

Effin' Birds (@effinbirds.com) 2025-09-16T21:22:02.480Z

Ukraine Dispatch

President Zelenskyy is calling for a combined European air defence system given that Russia’s attacks are now extending beyond just Ukraine. Here is a look at the struggle for Ukrainian authorities to identify their war dead.

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Roundup: No First Ladies in Canada, so stop asking

Because this is sometimes a media criticism blog, I’m going to sigh and rub the bridge of my nose, and maybe massage my temples a few times of this particular doozy of a piece in The Walrus about Mark Carney’s wife, Diana Fox Carney. The subhed refers to her as the “unofficial First Lady,” but in the story itself, it just refers to her as a “First Lady” along with other spouses of heads of state or heads of government interchangeably, and I just can’t you guys.

Guys. Stop it.Canada's "First Lady" is Queen Camilla. Stop trying to import Americanisms, even if you try and couch them in "unofficial" status.

Dale Smith (@journodale.bsky.social) 2025-09-15T11:44:05.416Z

First of all, it matters that we’re a constitutional monarchy and not a presidential republic. That means that our “First Lady,” if we were to have one, would be Queen Camilla. If you were discounting the Canadian monarch, the next candidate would be the spouse of the Governor General (who once upon a time was called the “Chatelaine/Chatelain of Rideau Hall” as an unofficial title). Yes, this matters, in particular because the difference between a head of state and a head of government matters a great deal, particularly when it comes to the kind of role they play within government, and just because the American system fuses the two together, that’s pretty much unique in the world, and is a far cry from how our Westminster system operates. And right at nearly the very bottom of the piece, she writes:

In this way, being a first lady in Canada is fundamentally different from being one in the US, where the position, while unofficial, comes with an office and staff. In Canada, the prime minister’s spouse has no formal role or institutional support, and technically isn’t even the partner of a head of state. As a result, the title “first lady” doesn’t really apply in the same way.

No kidding! In fact, it undermines the whole gods damned point of your story. You just tried to compare apples and hedgehogs, tried to mash two fundamentally different concepts together, and then was like “Oh well, maybe she’ll get more active at some point!” No! We don’t elect spouses, and they don’t have a role for a reason. If she wants to have a role, she should seek a seat. (This especially goes for Poilievre’s wife, by the way). But trying to jam the spouse of a prime minister into the “First Lady” box is both fundamentally wrong, and a sign of really lazy conceptualizing of how our system of government works. The Walrus should absolutely know better.

Speaking of terrible reporting, the Globe and Mail put out a story yesterday that had the headline that “Liberal staffers strategized over $1-billion loan for Chinese ferries while Freeland dismissed federal connection,” which sounds like they were maybe somehow involved in the loan or procurement while claiming otherwise. But no. The story was about how comms staffers in ministers’ offices were trying to spin the story. That’s it. I saw lots of reactions on social media from people who read the headline and assumed that something hinky was going on that should be looked into by parliamentarians, but no. It’s about comms staffers spinning. Can we just not? This was not a story, and it especially was not a story about some kind of cover-up.

Effin' Birds (@effinbirds.com) 2025-09-14T20:02:07.093Z

Ukraine Dispatch

Russia launched a massive attack against Zaporizhzhia, killing at least one and injuring at least seven so far. International monitors say that cluster munitions have resulted in over 1200 civilian casualties since the Russian invasion began in 2022.

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Roundup: Parliament returns, fall 2025 edition

Today is the day that the children are back in Parliament, and I wonder about just what horrors await us. Pierre Poilievre will take his seat just before the start of Question Period, where prime minister Mark Carney will be in attendance, and it will be their first face-off since the election debates, not that those debates have anything in common with QP. I have little doubt that there will be no taking of high roads, that Poilievre will denounce the Major Projects Office, the choice of those five projects, the lack of a pipeline amongst them (even though there is no project proposal on anyone’s table), and the usual bluster about crime rates and housing that doesn’t miraculously get built with the snap of a finger. Oh, and of course, the fact that there is no trade deal with Trump (even though there is no deal to be had).

The PM will be at Question Period tomorrow. #cdnpoli

Dale Smith (@journodale.bsky.social) 2025-09-15T00:00:30.816Z

I fully expect Carney and the Liberals to pat themselves on the back for the Office being launched and those five projects being chose, and for the Build Canada Homes launch, and the summer spent trying to find savings in government departments in advance of the budget. They’ll pat themselves on the back for the legislation they passed before the summer, and for the bills they are introducing, and generally for what a good job they think they’re doing. And sure, they’ll say that there’s more work to be done, but it will nevertheless be couched in a whole lot of self-congratulations. Count on it.

Meanwhile, we’re waiting on that budget in October, but there are still a lot of bad bills on the Order Paper. The Border bill is a mass of privacy violations and data-sharing with American authorities who can’t be trusted, to say nothing about the loss of due process for refugee claimants. The cyber-security bill has a great many problems with it that should have been corrected but weren’t. We’re going to get a bail bill that is likely going to start infringing on Charter rights, to be paired with more legislation on “bubble zones” around churches and cultural community centres. And they’re running out of time on passing bills about citizenship for “lost Canadians” and for those unfairly excluded from Indian Act status, so they need to get a move on those too. There is a lot that needs to get accomplished this fall, and we’ll see how much of it actually happens, or if the Bloc will side with the Conservatives at committee and grind everything to a halt once again.

Ukraine Dispatch

President Zelenskyy says that Ukrainian forces have pushed the Russian advance back further in Sumy region, and that they have caused significant losses to Russian forces in Donetsk and Kharkiv regions. Ukrainian drones have also struck the Kirishi oil refinery.

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Roundup: The problem with “building things” nostalgia

In all of the announcements that prime minister Mark Carney made this week, particularly around the Major Projects Office and the first tranche of projects that he was championing, there was something he said that bothers me. “We used to build big things in this country and we used to build them quickly,” he said, which is something that we hear a lot, particularly from conservatives. “We built a cross-country railroad in seven years!” But nobody wants to mention how that railroad, or any of those big projects got built, and what changed, because nostalgia is a seductive liar.

What changed, of course, is that we realized we can’t just devastate the environment, and that we can’t just keep displacing Indigenous peoples on their own lands, or that we can’t treat imported labour like slaves, or with working conditions that ensured that a great many of them died along the way. (Yes, I know there are problems with temporary foreign workers and modern-day slavery, but that is a separate discussion). And what is particularly concerning is that while Carney is not acknowledging what changed is that he gave himself a giant Henry VIII clause in his major projects legislation that lets him ignore environmental legislation, or whatever he finds inconvenient, in order to get these big things built fast. Does nobody see a problem here? Really?

Meanwhile, Poilievre mocks the “speeds not seen in generations” talks, and the unspoken part of his “government get out of the way” line is that it ultimately means environmental degradation, ignoring Indigenous rights, labour rights, you name it, because those are the things that are inconvenient. So, in a way, Carney and Poilievre are ultimately aligning on these particular things, and we shouldn’t be shrugging this off. Things changed for a reason. Going back to the 19thcentury is not a sustainable way forward, no matter how dire the economic situation we find ourselves in.

Ukraine Dispatch

Three people were killed in an incursion in the Sumy region, but that incursion has been pushed back. Ukrainian drones hit Russia’s key oil terminal in Primorsk. NATO announced plans to further shore up defences on their eastern flank after the incursion into Polish airspace. And Prince Harry made a surprise visit to Kyiv in support of wounded soldiers.

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