Roundup: Johnston says no public inquiry

It was David Johnston Day, as his first report was delivered, and he did not recommend a public inquiry for very good reasons—particularly that it could not be necessarily public given the nature of the information, and that it would be window dressing at this stage of the game, considering he had already done a lot of the heavy lifting, and planned to do public hearings as part of his final report. You can read the full report here, but here are the five key takeaways. There was plenty of scathing material in there, particularly to the system of information dissemination within government, but also to the way media stories torqued partial information into falsehoods (the Han Dong allegations were discredited in the report). There is a problem with information culture within government, and while this government has done a lot to fix some things, they are not adapting fast enough to the changing environment, and that is on them. (Check out some of the threads linked below as well).

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Johnston’s decision was necessarily a no-win scenario, and everyone is unhappy, but nobody has exactly explained how a public inquiry was going to restore trust in the democratic system—particularly as it comes under attack by bad faith actors who spent the day trying to discredit Johnston and his report (never mind that he did address the alleged conflicts and consulted with a former Supreme Court of Canada justice before accepting the job), and that no matter who would lead either the Special Rapporteur process or a theoretical public inquiry, there would be the same bad faith attacks because they don’t actually want to restore faith in the process. They want people to distrust because they cynically hope to leverage that in the next election. Pierre Poilievre in particular has refused to strike any kind of statesmanlike tone and refuses to be briefed because he knows that the moment he actually knows the intelligence and can’t talk about it, he can’t outright lie and make accusations with wild abandon, and that’s his entire shtick. But this is a fairly classic Canadian problem, where MPs don’t want to know the actual secret information, because then they’d have to stop talking, which they don’t want to do. Remember, ours is no longer a serious Parliament.

There is a conversation to be had about the role media is playing in undermining the faith in democracy, but you can rest assured there will be no self-reflection around it. Rather, there will be self-justification and rationalization, and sniping that Johnston expects us to take the intelligence he’s seen at face value, which is ironic considering that the media outlets reporting on these leaks are expecting us to do the very same thing, even though there are agendas at play within that reporting.

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In pundit reaction, Justin Ling gives a fairly balanced summation of the report with some insightful commentary. Susan Delacourt is sceptical of Johnston’s assertion that politicians and media can play their parts in restoring faith in democracy. Andrew Coyne is unhappy with the notion that we are expected to just trust Johnston (ignoring the contradiction made above), and while he credits Johnston with inviting NSICOP and NSIRA to review his findings, the same secrecy problem remains. Matt Gurney despairs at the picture of incompetence the report paints.

Ukraine Dispatch:

Following his return to Ukraine after meetings at the G7 in Hiroshima, Japan, President Volodymyr Zelenskyy visted marines on the front lines in the country’s east. Over the weekend, the Russians claimed they overran Bakhmut over the weekend, which Ukraine denies, particularly as they have been reclaiming territory surrounding it. Russians are also claiming Ukrainian “sabotage groups” are crossing the border into the Belgorod region, but it sounds like these may be disaffected Russians, as Ukrainans deny involvement. Russians later claim to have “crushed” these groups.

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Roundup: A bad report and a bad debate

The Parliamentary Budget Officer released another one of his highly dubious reports yesterday, this time on the incoming clean fuel regulations. Why is it dubious? Because it’s entirely one-sided and assumes no costs to climate change, and no adaptation on the part of industry in order to bring costs down to meet their obligations under the regulations, which is the whole gods damned point of these kinds of mechanisms. Oh, and this isn’t fiscal policy, so it’s not clear why he’s even doing this kind of report in the first place.

As you may have noticed during Question Period, the Conservatives jumped all over this report and its findings, and when they were questioned, their media staff were over social media accusing people of calling the PBO a liar. Well, it’s not that he’s a liar—it’s bad data, a bad report, and the numbers taken from it were used dishonestly and entirely in bad faith. And the PBO gets the attention he’s looking for, and around and around we go.

Rachel Notley vs Danielle Smith

For the purposes of researching my column last night, I subjected myself to the leaders’ debate in the Alberta election and it was…not great. Yes, lots of people gushed at how nice it was just to have two leaders going head-to-head and not four or five, but we don’t have a two-party system federally (and it’s a bad sign that Alberta has a de facto one provincially).

My not-too-original observations were that Notley was weirdly on the defensive most of the night, while Smith was pretending to be the upstart challenger rather than the incumbent, attacking Notley on her record at every turn when Notley wasn’t effectively throwing many punches herself. Yes, she did well on the healthcare and education portions, but was not effectively countering Smith’s confident bullshit throughout, and that’s a real problem in a lower voter-information environment, where that confidence plays well regardless of the fact that Smith lied constantly with a straight face. On the very day that Smith was found to have broken the province’s Conflict of Interest Act, Notley had a hard time effectively making this point, while Smith claimed vindication because it showed she didn’t directly call Crown prosecutors, while it full-out warned that Smith’s behaviour was a threat to democracy, and Notley could barely say the words.

Programming Note: I am taking the full long weekend off, so expect the next post to be on Wednesday.

Ukraine Dispatch:

There are reports of more air raids in Ukraine early Friday morning. Russians fired 30 cruise missiles against Ukrainian targets in the early morning hours on Thursday, and Ukraine shot down 29 of them, with the one that got through striking an industrial building in Odessa, killing one and wounding two. There were also further gains made around Bakhmut, and even the Wagner Group’s leader says that they have bene in retreat. Meanwhile, president Volodymyr Zelenskyy set up a reintegration council in order to provide advice for the restoration of Ukrainian rule when they liberate Crimean.

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Roundup: Ad hoc panel assembled to review documents NSICOP should have handled

After months and months of delay, the government has finally unveiled the ad hoc panel that will examine the Winnipeg Lab documents, and that panel will comprise of four MPs and three former judges—two former Supreme Court of Canada justices, and one from the Federal Court of Appeal. Allegedly it took so long to set up because they needed to convince the judges, and then it took forever to get the Bloc and finally the Conservatives on board.

Of course, this whole exercise is completely unnecessary because this should have all been done by NSICOP. This is exactly the kind of thing that it was created for, but the Conservatives have been bad actors about this entire affair (and Michael Chong being among the worst of said bad actors), turning this whole thing into a needlessly drawn-out affair that has involved the government suing the House of Commons over a production order, and years of absolutely unhinged conspiracy theories as to what happened (again, with Chong being among the worst offenders).

I can pretty much guarantee you that this committee is going to find nothing to write home about. There has been plenty of reporting as to what happened. It wasn’t Chinese espionage. It was almost certainly a policy breach related to intellectual property, but this being a highly secured facility, you can imagine that has complicated matters. In any case, this whole thing is going to wind up being one giant waste of everyone’s time and resources because they decided to make a dog and pony show out of it for the sake of trying to embarrass the government rather than being responsible and just letting NSICOP read the unredacted documents that were provided to them in the first place.

Ukraine Dispatch:

There have been more early-morning missiles fired at Kyiv, and falling debris has set fire to one non-residential building, while at least one person was killed in a missile strike on Odessa. While Ukrainian forces continue to make gains around Bakhmut, the Russians are still sending people into the fighting, and there doesn’t appear to be any ammunition shortage, in spite of those Wagner Group videos.

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Roundup: Chong didn’t explain how his privileges were breached

Conservative MP Michael Chong appeared at the Procedure and House Affairs committee yesterday to discuss the sense that his privileges as an MP—being able to do his job—were breached by Beijing’s threats to him and his family. And so, Chong gave a speech at the committee where he touched briefly on the privilege issue, saying that he wants a formal parliamentary censure of the Chinese diplomat named (and since expelled) in the situation, before going on to whole thing about the prime minister, national security, and what we should be doing in Canada. And he’s not wrong! But that’s not the point of this committee meeting. The point was to discuss his privileges being breached, and what MPs should do about said breach.

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As expected, the Conservatives on the committee mostly spent the time trying to get Chong to denounce the prime minister, and did they talk about his privileges being breached? Nope. The other thing that bothered me was that Chong kept bringing up the Winnipeg Lab issue, which is where I have lost a lot of respect for him because he has been building a bullshit conspiracy theory around it. What happened at that Lab has been extensively reported on by Dylan Robertson and others. There was no indication that there was a national security issue involving China at all, but rather a policy breach around intellectual property with the two fired scientists. Chong would know this if the Conservatives had allowed NSICOP to view the redacted documents that had been provided to them, but they have steadfastly refused to do so because it serves their narratives not to. Is NSICOP perfect? No, but it’s a very good start, and if we want to transition it to a parliamentary model, there need to be a whole lot more steps than just Parliament making a declaration (one of the most important considerations being the lack of secure meeting spaces and servers on the Hill).

So while there were interesting things raised, the point of the meeting was about privileges, and once again, a committee is being abused to go on a tangent or a fishing expedition. Committees have functions, and this one was supposed to be determining how his ability to do his job was impacted. I didn’t see really any of that in the testimony, which is all the more frustrating.

Ukraine Dispatch:

Overnight attacks against Kyiv saw 18 missiles launched, all of which were shot down—but Ukrainian forces are saying that six of those missiles were hypersonic, and that their new air defences brought them down too, which is proving the new Western systems against the supposed best of what Russia has to offer. One of the Patriot missile systems used by Ukraine may have been damaged in a strike, however. Meanwhile, Ukrainian forces appear to be making more gains around Bakhmut, which they say is not connected to the upcoming counter-offensive. Elsewhere, Ukraine’s chief of the Supreme Court has been dismissed after being detained in a bribery case.

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Roundup: Abusing a committee’s mandate

Because our Parliament is made up of deeply unserious people, the Conservatives on the Procedure and House Affairs committee, led by Garnett Genuis, are trying to push investigations of the Trudeau Foundation. The problem? This is far beyond the remit of this committee, and they have absolutely no authority to do what they’re attempting to do. The opposition members of the committee have been blocking Genuis’ motions, but this is absolutely abusing the parliamentary process in order to pursue a bullshit vendetta and conspiracy theory.

For the record, the committee is charged with dealing with the reports of the Auditor General, and ensuring that the government is accountable for implementing them. It’s actually one of the low-key best committees in the House of Commons, which largely does serious and valuable work and has been known to put ministers and deputy ministers on the hot seat in a serious way.

But there is absolutely no connection between the reports of the Auditor General and the Trudeau Foundation. The only government connection that the Foundation has is the endowment, which they remain accountable to the industry minister for maintaining intact. That’s it. Their donations have nothing to do with the government’s business. The Auditor General has no authority to audit the Foundation, and the CRA operates at arm’s length from the government, so the government and certainly not this committee can’t bully them into auditing the Foundation beyond the compliance measures they are already subjected to in order to maintain their non-profit status.  This is simply an attempt to weaponise the committee for the Conservatives’ political gain, and it’s damaging one of the few good committees in the Commons for a bullshit purpose.

Ukraine Dispatch:

Russian forces launched an air raid of “exceptional intensity” on Kyiv in the early morning hours, but damage was limited, mostly because air defences have been working. Over near Bakhmut, Ukrainian forces continue to push Russians back. Meanwhile, president Volodymyr Zelenskyy stopped in London at the end of his brief European tour to get a pledge of more drones and missiles from the UK. Anti-corruption forces in Ukraine seem to have found evidence of bribery in the country’s Supreme Court.

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Roundup: Threats against MPs becoming routine

Every now and again we get reminders that these are not normal political times, and that older political norms are starting to slip away as the memification of politics takes over, and polarization has been made worse. Threats against MPs are far more prevalent than they ever were, and lo, Liberal MP George Chahal posted some of the threats his office received last week.

It’s grotesque, and even more the point are those in the comments who defend these kinds of messages and actions as somehow being justifiable or justified. Nothing can justify it, and unfortunately, this state of affairs is being worsened by the fact that our norms continue to be eroded, because they drive clicks and get fundraising dollars. This is the kind of thing that everyone should be standing against, but I fear that at best, we’ll get a tepid denunciation of this from political leaders across the board, even though some should be most emphatically making the point that this kind of thing isn’t okay.

Ukraine Dispatch:

Ukrainian forces have been advancing in two directions toward Bakhmut, but are not ready to take the city centre yet, apparently. This while there was a massive overnight barrage of drones from Russia, damaging an energy facility in Khmelnytskyi region, killing two civilians in Kostyantynivka, and shelling in the Kharkiv region. Meanwhile, president Volodymyr Zelenskyy met with the Pope at the Vatican and sought support for Ukraine’s peace plan (for what good that does). Zelenskyy also made stops in Paris and Berlin, where he said that a counter-offensive will not strike into Russian territory because their sole aim is to reclaim their own territory from Russian occupation.

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Roundup: New Senate Speaker appointed

With the retirement of Senate Speaker George Furey this week, the prime minister has named Manitoba Senator Raymonde Gagné to serve as the new Speaker, making her the third woman to do so. (Recall that the House of Commons has only had one female Speaker to date, in the 1980s). Gagné was appointed as an independent but has been operating in the half-pregnant role as a supposedly “non-affiliated” member of the Government Representative Office as the “legislative deputy,” which is newspeak for the role of deputy leader for the government, if it properly had a caucus in that Chamber.

A couple of notes: First of all, this remains a prime ministerial appointment because this position is higher on the Order of Precedence than the Commons Speaker, and plays a much bigger role with parliamentary diplomacy than the Commons Speaker does. There are some senators who are agitating to make this a position elected by the Senate membership as the Commons Speaker is currently, but I’m not sure if this is feasible given the diplomatic weight attached to the position. Regardless, Trudeau was likely looking for a woman in the position, and needed her to be bilingual (Gagné is Franco-Manitoban), and as she was in the GRO, those factors all lined up.

As well, there was some talk about why Senator Pierrette Ringuette, the Speaker pro tempore, was not elevated to full Speaker, but I suspect that politics are at play in this. Ringuette was a former Liberal MP in the Chrétien era, but later left the Senate Liberal caucus to sit as an independent after Justin Trudeau cut them loose. She got the job as Speaker pro tempore through politicking largely within the Independent Senators Group, when there had been consensus that Senator Pat Bovey would get the post (Bovey is also reaching mandatory retirement on Monday, for the record), whereas Ringuette was apparently the choice of then-ISG leader Yuen Pau Woo, and in the power struggles at the time (which was the last straw for Bovey, at which point she left the ISG for the Progressive caucus), Ringuette got the votes for the position. This whole drama may have had an influence on the choice (depending on how closely Trudeau or his Senate-minders paid attention to it).

Ukraine Dispatch:

Ukrainian forces have made a breakthrough south of Bakhmut, recapturing the high ground overlooking the town, as well as one of the key supply lines, in what the head of the Wagner Group mercenaries considered a rout. Ukraine denies that this is the start of their counteroffensive, which they say they are delaying for need of more western weaponry. Russia is claiming that they repelled another attempted Ukrainian advance near Soledar.

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Roundup: You’re not going to get a royal recommendation

Another day, and another warning from the Speaker that a private member’s bill is going to need a royal recommendation before the final vote, and it won’t get it, so be prepared to waste everyone’s time on a doomed bill that won’t go anywhere. This is becoming increasingly routine in this parliament, where MPs keep advancing these bills that have no hope of passage up for debate, apparently because they want to be seen talking about the issue, and maybe shaming the government for not supporting it, as with this particular bill on enhancing OAS and GIS benefits for seniors between 65 and 74 (ignoring that they are enriched for seniors over 75 because many of them have exhausted their savings by that point).

But seriously—a private member’s bill cannot spend money. Only a government bill can do so, because they’re the government, and they need that expenditure approved by Parliament. This is fundamental to how parliamentary democracy works. These clear delineations in roles exists for a reason, and the role of MPs who are not in Cabinet is to hold Cabinet to account, and the primary way to do that is through the power of the public purse. You cannot hold them to account if you too are spending public money with abandon because you have at that point blurred the responsibilities and the lines of accountability. This shouldn’t be difficult for MPs to learn and grasp, but unfortunately, they have picked up a lot of bad habits and wrong-headed beliefs over the past number of years, and it’s becoming quite obvious that they either refuse to learn how the Chamber and the institution work, or they simply don’t care and would rather waste everyone’s time.

Ukraine Dispatch:

The Ukrainian commander in the ruins of Bakhmut says that Russian Wagner Group mercenaries have stepped up their attacks in recent days, while Russia is denying claims that Ukrainian forces have made advancements in Bakhmut over the past couple of days. President Volodymyr Zelenskyy says that the spring counter-offensive is being delayed because they need more western weapons. This while the UK has opted to send newer cruise missiles to Ukraine, who have the longest range of any of their arsenal to date. Zelenskyy also says he has approved a plan to reform criminal and law enforcement systems, which is a requirement for future EU membership.

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Roundup: The great passport meltdown

It was the absolute dumbest of controversies, and yet what was apparently half of Canadian Twitter was having an absolute meltdown because the new passport designs were unveiled yesterday, and a) the Coat of Arms on the cover was moved off-centre, and b) the interior pages replaced images of moments of Canadian history with some generic, corporate stock art of nature and indistinct people. Never mind that nobody ever looks inside those pages, and that they are covered by the stamps of countries you are entering—it’s somehow “erasing history.”

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This particular kind of imagery had been intended for the last update, ten years ago, when the Conservatives instead decided to include these historical images, and were accused at the time of putting forward a very selective view of history that suited their political objectives. And no, you can’t just use the same interior art over again, because if not refreshed periodically, it becomes easier to forge. But seriously, this was the hill people are now wailing that they’ll die on, or be single-issue voters about? Seriously?

Politically, Pierre Poilievre led off Question Period on this, but does any single person believe that Poilievre actually cares about Canadian history even a tiny bit? No—this is just about getting clicks. And Justin Trudeau? Couldn’t even be bothered to own the decision or defend anything around it, which is just makes the whole day’s outrage even more maddening. Everyone needs to log off for a while.

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Ukraine Dispatch:

A Ukrainian unit says that they routed a Russian brigade near Bakhmut, which seems to have been confirmed by the Wagner Group mercenaries fighting for Russia. There are concerns that Russians occupying the Zaporizhzhia nuclear plant are planning to relocate Ukrainian staff, which will leave a shortage of qualified personnel to operate the facility.

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Roundup: The Chief Justice is not happy about mounting judicial vacancies

The Chief Justice of the Supreme Court of Canada, Richard Wagner, wrote to the prime minister about the state of judicial vacancies, of which there are currently 88, and that this is causing problems with the criminal justice system. Of course, the problems in the system are multi-faceted—provinces aren’t resourcing courts, and they have provincial judicial vacancies of their own, but this was the Chief Justice, on behalf of the Canadian Judicial Council, pointing out that this is a problem that the federal government has created for itself, and needs to address.

This has been a problem this government has had since the very start—they insist on self-nominations rather than in doing the work of going out and identifying people who are suited for particular vacancies, and tapping them to fill them. It’s not just judicial vacancies either—it’s senators, heads of tribunals, Officers of Parliament, you name it. And because they insist on diversifying their appointments (which is a good thing!) this makes self-nominations even more difficult because the people they want to apply don’t, because they have been conditioned by society not to see themselves in those roles (i.e. they think judges are all old white men, so they don’t apply if they’re not). And the government knows this is a problem. It has been pointed out to them time and again, for years now.

But what do they do? Pat themselves on the back for all of the great appointments they’ve made so far. I wish I were kidding, but that’s their response, and it’s continually their response because a) they don’t like to admit that they’re going about these appointments in the wrong way; and b) they’re justifying their failure to do something about the mess they made for themselves. And it’s not like the previous guys were much better, with decidedly male-heavy appointments, and doing things like appointing Peter MacKay’s wedding party to the bench, because that also was not great. But this inability to learn from their failures is one of this government’s big problems as they get increasingly fatigued, and if they don’t do something about it, it’s going to cost them.

Ukraine Dispatch:

Russian forces fired 25 cruise missiles at Kyiv overnight on Tuesday, in advance of their Victory Day, of which 23 were shot down, claiming they hit ammunition stores. Their Victory Day parade was pretty spare, given how badly they have depleted their forces in the war. Meanwhile European Commission president Ursula von der Leyen visited Kyiv for Europe Day, which is in part a further signal that Ukraine continues in its intentions to turn westward away from Russia.

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