Roundup: Another threatened frivolous lawsuit

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There is a weird little case of monkey-see-monkey-do happening between different conservative parties around the country that has accelerated with the three provincial elections, and Danielle Smith’s upcoming leadership review, and it would all be childish if the stakes weren’t so high. A few days ago, Scott Moe started claiming that the federal carbon levy was costing the jobs of teachers and nurses in the province—a transparently bullshit claim—but the talking point got picked up in Question Period by Pierre Poilievre, and soon other premiers were doing it, including Danielle Smith. Yes, it demonstrates an intellectual and moral bankruptcy that is stunning to behold, but also just how little imagination there seems to be among parties on the right in this country (not that the NDP has much imagination of their own, as they crib the notes of the “justice Democrats” in the US with alarming frequency).

After Blaine Higgs declared that he was going to launch a fresh legal challenge against the federal carbon levy—which will immediately be thrown out of court—Danielle Smith decided she couldn’t let that one go either, so she is now threatening a new legal challenge of the federal Impact Assessment Act, which has just been through changes after the Supreme Court ruled that the earlier version did not pass constitutional muster. And just like Higgs’ challenge that has no new legal arguments to draw on, Smith is also citing things that are not legislative in nature as she plans to challenge the amended law.

The federal government isn’t having it, and Steven Guilbeault has called her out over this, but I’m not sure her behaviour will change too dramatically once she’s on the other side of her leadership review because, well, she needs to prove to her base that she is doing more than just listening to them, but acting on their batshit crazy desires as well, so we’re going to see more of this nonsense going forward.

Applies to the vast majority of #cdnpoli.

— Dale Smith (@journodale.bsky.social) 2024-10-04T23:00:28.266Z

Ukraine Dispatch

Ukrainian force shot down nine out of nineteen Russian drones targeting critical infrastructure overnight Thursday. Russian advances have knocked out about 80 percent of the critical infrastructure in the logistics hub of Pokrovsk, which they are trying to capture. President Zelenskyy visited the Sumy region, which borders the captured areas in Russia’s Kursk region. Reuters has a photo gallery of the all-female anti-drone mobile air defence unit known as the “Bucha witches.”

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Roundup: Filibustering their own motion

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The current privilege fight has ground business in the House of Commons to a complete halt, thanks to the tactics of the Conservatives, and they are trying to use this as some form of blackmail on the government, particularly as the government has been unable to move the legislation around the capital gains changes. Andrew Scheer even tried to be cute during the Thursday Question yesterday and said that if the government can’t conduct its own business, then they should call an election. Because of course he did.

While I won’t relitigate why this is an abuse of privilege that sets a terrifying precedent, it has been called out by the Government House Leader that the Conservatives are filibustering themselves because the whole point of this is that it’s supposed to go to the Procedure and House Affairs Committee so that it can be decided upon what should happen, but that’s inconvenient for the Conservatives. They would rather put up every single MP to speak to this issue to run out the clock, and so that they can all recite prepared scripts that scream “Liberal corruption!” even though that’s not what the Auditor General found. (Yes, there were conflicts of interest, but the government was not implicated in this at all). Gould asserts that the Conservatives are trying to keep it away from committee because the moment that committee starts calling witnesses, legal experts will point out the abuse of the parliamentary privilege powers and that this is banana republic behaviour, and she’s not wrong, but the bigger issue here is that the plan  of the Conservatives is to make the House of Commons as completely non-functional as possible through abuse of this privilege debate (which again, should have been over in a couple of hours at most with the matter sent to committee) so that they can claim further justification for an election.

If the other opposition parties wised up and stopped playing along with the Conservatives in their desire to embarrass the government for their own partisan aims, Parliament could be functioning a lot more smoothly and things they want to get passed could, but none of them seem to care much about the long-term implications of their actions (like the banana republic precedents) because scoring points is too much fun. There also remains that the government could prorogue Parliament for a day or two in order to kill the privilege motion, but that could set them up for bigger headaches, particularly as they want certain bills out of the Sente and prorogation would reset the clocks on them. In any case, the dysfunction is intentional, and the Conservatives need to be called out on the lies they are spreading to justify this behaviour.

Ukraine Dispatch

Russia launched a major drone attack over Ukraine, targeting 15 regions; casualties included two adults and a child after a drone struck a fuel truck in Chernihiv. Ukraine did hit Russian radar stations inside the country with long-range missiles, while Ukraine’s top commander has ordered defences bolstered in the east after the loss of Vuhledar. New NATO secretary general Mark Rutte visited Kyiv as his first trip in his new role.

https://twitter.com/ukraine_world/status/1841746253052321929

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QP: Poorer than Alabama

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The prime minister was jetting off to Paris for the Francophonie summit, and his deputy was off to Toronto, so other leaders also took the cue to be absent for QP. Pierre Poilievre, however, was there and started off in French by listing times the Bloc leader supported the government, and wondered if the government wanted to thank him. Jean-Yves Duclos talked about dental care, and all of the seniors getting treatment, which the Conservatives claim doesn’t exist. Poilievre then turned to the current privilege fight and that the government is refusing to turn over documents related to SDTC. Karina Gould called this out as misleading and an attempt to overturn Charter rights and politicising police independence. Poilievre repeated that in English, and Gould repeated her response with the added coda that if Poilievre doesn’t understand that, it would be worse if he does understand and doesn’t care about Charter rights. Poilievre turned to the police shooting in Toronto yesterday and trotted out the “hug-a-thug” line. Gould said that while their hearts go out to the officer, but turned to the issue of Poilievre trampling Charter rights. Poilievre complained about the Charter rights of criminals and asked the Liberls “What is wrong with you people?” After being warned by the Speaker about directing questions through the Chair. Arif Virani reminded him that bail is decided upon by provincial-appointed justices of the peace and Crown prosecutors.

Alain Therrien led for the Bloc, and demanded a royal recommendation for their OAS bill or face an election. Steve MacKinnon pointed out that the Bloc voted against dental care when 6,900 people in his riding were signed up. Therrien pointed out the number of seniors on MacKinnon’s riding not getting the OAS enrichment, and MacKinnon reminded him that the government’s track record on taking care of seniors spoke for itself.

Alexandre Boulerice rose for the NDP, and complained about rent, which is a provincial jurisdiction. Duclos got up to talk about how Poilievre dismissed social housing as “soviet.” Bonita Zarrillo demanded immediate enhancement to the Disability Benefit, to which Kamal Khera read her bankrupt talking points about how historic the clearly inadequate is.

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Roundup: Setting a precedent in this privilege fight

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There was a privilege debate in the House of Commons yesterday, and it’s expected to carry forward through today, on the subject of the refusal by certain entities, including the Auditor General, to turn over documents related to Sustainable Development Technologies Canada with the intention that they be turned over to the RCMP, even though the RCMP says they don’t want them, in part because it could be tainted evidence that may not stand up in court. This has been an abuse of the Commons’ privilege around the production of papers, in large part because they’re not for the benefit of the Commons or its committees, but to turn them over to the RMCP, which is also interference in their independence. Having politicians direct the police in terms of who they want investigated is the stuff of banana republics or authoritarian regimes, and it amazes me that neither the Bloc nor the NDP could recognize that fact in their quest to use any tool at their disposal to embarrass the government.

The government’s counter-argument to this abuse of privilege is not only that this erodes the independence of officers like the AG, or the RCMP, btu this becomes a dangerous precedent when it comes to Canadians’ Charter rights, particularly around unlawful search and seizure. The Conservatives mock this argument in saying there is no Charter right for government documents, but that’s the thing about precedents when you have a party who is willing to use the authoritarian playbook to their own ends. Today it’s government documents, but how long before it’s a private individual whom they want to embarrass or to encourage police intervention? We watched the Conservatives (with the assistance of the Bloc and the NDP) haul one of the partners from GC Strategies before the bar of the House of Commons, against his doctor’s wishes because he was in the midst of a mental health crisis, because they wanted to embarrass him publicly. It looks like we’re about to get something similar with Randy Boissonnault’s former business partner, who is the subject of the second privilege debate that will be taking place, possibly later today, who has also not turned over demanded documents to the committee as they are on a witch-hunt to find “corruption” that the Ethics Commissioner has repeatedly found no evidence of. And as a reminder, there has been no evidence of any criminal behaviour with the SDTC allegations, but they are trying to find that evidence using the most ham-fisted and abusive methods possible.

Having parliament go after private citizens because they’re on private little crusades, mostly for the benefit of social media clicks, is a terrifying prospect for the future, and yet we are careening down that pathway. Speaker Fergus has been useless in putting his foot down against the abuse of Parliament’s powers in this way, and we may yet be in for another Supreme Court of Canada showdown on defining these powers and when parliamentary privilege because state-sanctioned harassment. But in the meantime, we’ll see the Conservatives drag out these privilege debates in order to derail the government’s agenda, because that’s the level of absolute dysfunction we’re at.

Ukraine Dispatch

A Russian guided bomb struck an apartment block in Kharkiv late Wednesday, injuring at least ten civilians. There were also drone attacks on port infrastructure in Odesa and attacks on power systems in Sumy region. Ukrainian forces are withdrawing from Vuhledar after two years of grinding combat, which some describe as a microcosm of the current state of the conflict.

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QP: Full of shameless slogans

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It being Wednesday, proto-PMQ day, the prime minister was present, while his deputy was elsewhere. All of the other leaders were also present, and for a second day in a row, before things could get started, a new MP was introduced to the Chamber, this time for the NDP. Pierre Poilievre led off in French, and he worried about a recent report on housing costs in Montreal, and demanded an election. Justin Trudeau said that slogans don’t build homes or meet Canadians’ needs, and that meant hard work, in partnership with municipalities. Poilievre took undue credit for conditions when he as “housing minister,” and made a list of false claims to demand an election. Trudeau said that the Conservative don’t really want to cut taxes because they voted against removing the GST on rentals, and didn’t have a plan. Poilievre kept going in French to denounce capital gains taxes before switched to English to demand an election. Trudeau, in both languages, said they are asking the wealthiest to pay a little more to build more housing. Poilievre claimed that New Brunswick was challenging the carbon levy in court (not actually true), and demanded an election. Trudeau pointed out that provinces have all lost at the Supreme Court when challenging the levy, and they won three elections on the carbon price. Poilievre read the bullshit from Scott Moe that the carbon levy means firing teachers and nurses, and again demanded an election. Trudeau said that Poilievre wants to abandon the fight against climate change and take away the rebates people rely on.

Yves-François Blanchet led for the Bloc, and claimed that the seniors minister said that the seniors groups on the Hill yesterday were separatists. Trudeau said that the government was already there for seniors, and that they weren’t interested in petty partisan games. (Well…) Blanchet note that the House of Commons, in different capacities, has voted for their OAS bill (which is ultimately not voteable) and demanded the PM bring his minster to order. Trudeau trotted the various times the Bloc vote against seniors.

Jagmeet Singh rose for the NDP, and blamed the federal government for rental increases by “corporate landlords.” Trudeau noted the things the government was doing for affordable housing. Singh then worried about unsuitable housing for Indigenous people, decrying delays, and Trudeau noted the tripling of investments and that they are investing with Indigenous communities, and that they were actually delivering.

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Roundup: A promise to waste millions of dollars

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There are a lot of stupid, performative things being said right now, particularly in those three provincial elections, but one of the dumbest yesterday was courtesy of incumbent New Brunswick premier Blaine Higgs, who promised that if re-elected, he will mount a new legal challenge of the federal carbon levy. And to make that worse, several Conservative MPs picked that up and declared during Question Period that the challenge was already underway (it’s not), as though it were a devastating argument for their demands to “axe the tax” or to call an election.

Higgs’ promise is premised entirely on bullshit. There is no basis for him to mount a new challenge because nothing about the programme has changed since the Supreme Court of Canada already ruled that it’s constitutional and within the powers of the federal government, particularly because of the existential challenge that climate change poses to Canadians. The fact that the price is increasing or that we have been though a bout of higher inflation—which has already stabilised and returned to target, and for which the carbon levy did not actually cause any of said inflation because that’s not how inflation works—don’t change any of the legal bases or arguments around the levy. And because the Supreme Court of Canada has already ruled, any lower court that Higgs tries to mount a new challenge in is going to tell him to go pound sand.

Higgs is essentially promising to waste hundreds of thousands of dollars in legal fees, because you know that when the courts tell him to go pound sand, they’ll also tell him to reimburse the legal costs of the federal government because they wasted everyone’s time and money in bringing such a frivolous suit in the first place. But there is a political calculus, particularly on the right, where they are prepared to waste millions of dollars in doomed legal challenges because they think that it’s good electoral calculus to show that you’re fighting. Federally, Conservatives have made this argument a number of times when the government didn’t pursue doomed appeals and just made changes, and no doubt Higgs figures that this will work the same way for him. But then again, I guess they’re not bothered by the cognitive dissonance of “we need to balance the budget” and “we need to waste millions of dollars on a doomed legal crusade,” because that might require introspection or self-awareness, both of which are in incredibly short supply in politics these days.

Pretty much all of #cdnpoli. It's really hard to be optimistic about any of it right now.

— Dale Smith (@journodale.bsky.social) 2024-10-01T14:21:44.377Z

Ukraine Dispatch

Six civilians were killed and more wounded when Russian artillery struck a bus stop in Kherson. Russian troops have also reached the centre of Vuhledar, a Ukrainian bastion in the strategic high ground of the Donbas region, which is significant because of where it borders and the supply routes it controls. Ukraine is also investigating an apparent shooting of sixteen POWS by Russian troops.

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QP: Fighting to claim who loves seniors most

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The first day back after an extended weekend, and the prime minister was in town but absent, while his deputy was there. Most of the other leaders were also away, and this was the Bloc’s Supply Day and the Conservatives were about to have the vote of their latest non-confidence motion, so that was going to set the stage for what was to come. Before things got underway the Bloc’s newest MP got introduced to the Chamber to take his seat. Speaker Fergus then gave another admonishment for MPs to behave, as though that was going to do anything.

Once things got started, Pierre Poilievre led off in French, and rattled off some slogans that claimed to be in the defence of seniors. Chrystia Freeland said that seniors remember that Stephen Harper went off to Davos to raise the age of retirement, and that they government introduced child care for the benefit of their grandchildren. Poilievre then took a swipe at the Bloc before demanding an election. Jean-Yves Duclos pointed out that Poilievre picked fights with municipalities. Poilievre switched to English to spin a tall tale about Mark Carney, calling him a walking conflict of interest. Freeland said that they are glad to get advice from former central bankers like Carney and Stephen Poloz, while the Conservatives get their advice from Elon Musk and Tucker Carlson. Poilievre then raised Blaine Higgs’ doomed promise to try and challenge the carbon levy in the courts again (who will promptly tell him to pound sand), and demanded an election. Freeland pointed out their announcement from this morning about the small business carbon levy. Poilievre then switched topics again, this time other Israel’s right to defend itself. Mélanie Joly says that they condemn Iran’s attacks, which will only further escalate the region, that she contacted her Israeli counterpart this morning and other regional counterparts, and that the war needs to stop.

Alain Therrien led for the Bloc, and listed seniors groups on the Hill before demanding support for their OAS changes. Steve MacKinnon listed all of the measures for seniors that they voted against, saying their hypocrisy was shocking. Therrien made the demand again, pointing out it’s International Seniors Day, and MacKinnon prevaricated by wishing seniors well on this day, before returning to the his points about what the Bloc voted against.

Lori Idlout appeared by video to demand more funding for First Nations, particularly things like fire services. Patty Hajdu says they have invested $136 million for First Nations self-determined fire safety priorities. Leah Gazan demanded better healthcare access for First Nations. Hajdu says that there were $2 billion in the recent transfers earmarked for Indigenous self-determined priorities.

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Roundup: A double standard on barring speeches

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There was a story in the Star yesterday that I hadn’t actually noticed happening, which is that Liberal MP Yvan Baker has been barred from speaking in the House of Commons until he apologises for saying that the “Putin wing” had taken over the Conservative Party on March 20th. Baker says he has no intention of apologising for what he considers to be the truth, and the Speaker, as usual, makes little tut-tut noises about what Baker said, never mind that there is a giant double-standard at play.

If Fergus is concerned about MPs alleging that their colleagues “stand four-square behind dictators,” it’s funny that the consequences only seem to apply to Baker. After all, Conservatives on a frequent basis have said that Trudeau is in the pocket of dictators, and that he allowed foreign interference on their behalf because it benefitted his party. (There is absolutely no public evidence of this). And most egregious was that Conservative MP Rachael Thomas has said on the floor of the Commons that Justin Trudeau is a “dictator,” and she faced absolutely no censure for saying it, which makes it really hard to see why Baker is being singled out for being hyperbolic—the point was about which elements of the party’s base that Poilievre is pandering to as opposed to saying that Poilievre is under Putin’s sway—when nobody else is. (I will note that Conservative MP Mark Strahl was barred from speaking for several weeks because he refused to withdraw the remarks that someone was lying, which is a big no-no under the rules of Parliament—rules which are now being absolutely abused—but he did eventually do so).

What is perhaps the most galling in all of his was the statement that Andrew Scheer gave to the Star, in which he says “Liberals should not whine and complain because they were caught spreading disinformation and lies to divide Canadians and cover for their own total failures on Ukraine.” Erm, serial liar and promoter of conspiracy theories Andrew Scheer is lecturing Liberals on the subject, when he faces zero consequences for lying in the House of Commons on a daily basis. We already knew he had absolutely no sense of shame, but it definitely extends to a complete lack of self-awareness as well. Just utterly ridiculous.

Ukraine Dispatch

It was another bloody weekend in Ukraine which saw waves of drone attacks targeting Kyiv last night, the pounding of Zaporizhzhia with guided bombs earlier, the death of a top judge after an attack on Kharkiv, and an attack on a hospital in Sumy that killed ten. President Zelenskyy says that the front lines are “very, very difficult” as autumn descends on the conflict.

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Roundup: The Bloc vs the Senate

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The Bloc Québécois are getting a taste of what the Senate does and why, and they’re not happy. The Senate has been slow-walking Bill C-282, which aims to forbid a government from negotiating any further reductions to Supply Management in trade negotiations, and it’s a bad bill. Nevertheless, it passed the House of Commons, because MPs are sometimes sentimental fools and will vote for things that they think are feel-good without actually thinking through the consequences. This was one such bill, where MPs voted on it nearly unanimously because they fell all over themselves to show how much they all loved Supply Management, neverminded that it’s a bad bill. Now that it’s in the Senate, with some actually knowledgeable former senior civil servants in the Chamber who know what they’re talking about have the bill in their hands, and they’re not giving it an easy ride.

The essential complaint is that the bill constrains the royal prerogative around trade negotiations, which could have serious consequences down the road. I’m not sure it’s quite as serious as that—you can’t really bind future governments and this bill, should it pass, could be easily repealed (say, in the next budget implementation bill), but there won’t be an easy passage on this, and for good reason. The Senate exists to put a check on the populist excesses of the House of Commons, which is why they have an absolute veto (only exercised in extreme circumstances, mind you), and who can say “Hey, you guys didn’t do your due diligence, so now we’re going to.” It is their raison d’être, whether MPs like it or not, and it’s especially important for private members’ bill because they are pre-time allocated under the rules and get very little scrutiny, even when they really need it.

The Bloc, however, are trying blackmail. In Question Period yesterday, they were demanding that the government tell senators to pass the bill, or they’ll topple the government. But the government can’t tell the Senate what to do, and as I mentioned in a previous post, there is no mechanism by which the Government Leader in the Senate could fast-track such a bill, even if they wanted to, because it’s a private member’s bill. Furthermore, with a Chamber of mostly-independent senators who have a job until age 75, they are not bothered if the government falls. The blackmail doesn’t really work on them because their seats aren’t in jeopardy, and I’m not sure what the Bloc thinks they’re doing, particularly in trying to blackmail the government into passing this bill as well as their OAS bill (which remains unvoteable as they are unlikely to get a royal recommendation). In either case, they are learning the hard way that the Senate is not a rubber stamp and they can’t expect to order it around as though it were.

Ukraine Dispatch

Three people were killed in a Russian missile attack on the central city of Kryvyi Riv, and another three were killed in a drone attack on the southern city of Izmail. Nine children taken to Russia during the invasion have now been returned to their families in Ukraine thanks to help from Qatar.

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Roundup: A promise to interfere with media

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It was late in the afternoon yesterday that CTV announced that the two-person team responsible for the manufactured quote of Pierre Poilievre “are no longer with CTV News.” The breach of journalistic ethics in manufacturing a quote because you needed it to fit your narrative, despite the fact that the quote you had available wasn’t really useable, makes this understandable, and these are consequences that can happen. I’m less concerned about that as much as I am about the other signals that have been sent, particularly by the Conservatives.

https://twitter.com/acoyne/status/1839452343596720522

The fact that Conservative MP Michelle Ferreri, a former journalist herself, is promising that Poilievre is going to “restore journalistic ethics and integrity” should be lighting up every single alarm around the country because that is a promise to politically interfere in the media and its independence. It’s not enough that they have successfully bullied and intimidated one of the largest media outlets in the country, but they are promising more of this, but they plan to ensure that media falls in line. And then there’s the hypocrisy—that they align themselves with PostMillennial, True North, and The Rebel, all of whom have demonstrated a lack of ethics, or commitment to things like facts. The fact that this is a party that has made outright lying their chief strategy shows exactly why this kind of war with legitimate media outlets is so dangerous for our democracy.

On another note, there were a number of stories yesterday about NDP MP Leah Gazan tabling a bill to make residential school denialism illegal, and that this was done in advance of National Truth and Reconciliation Day. The problem? Not one of the stories from any of the outlets (National Post, CBC or The Canadian Press) bothered to mention that Gazan has already used her private members’ business slot in this parliament for her cockamamie “basic income framework” bill, and it went to down to defeat earlier this week. That means that this bill is going to languish on the Order Paper and never see the light of day. The CP copy did note that “The chances the bill actually will be debated and pass into law are slim without it being adopted as a government bill by the Liberals,” but that obscures the fact that she used her spot, so the whole point of her tabling this legislation is performative.

Parliamentary procedure and rules matter, and if you ignore it, you wind up looking like a fool for spending your dwindling resources covering legislation that will never, ever see the light of day.

Ukraine Dispatch

The Russians launched a five-hour aerial attack on Kyiv overnight, again targeting the power grid. There was also shelling of Kherson in the south that killed one, rockets launched against Kharkiv, and more shelling in the Donetsk region that killed three.

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