Roundup: Another day of Guilbeault-baiting

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It’s becoming a little too predictable, and yet here we are again. Steven Guilbeault said something not even that controversial—that we have enough roads to suit our needs so the government isn’t going to spend more infrastructure dollars on major projects to grow them, while they focus on other things like transit and active transport. He’s not even terribly wrong for the most part—there is reams of evidence to show that expanding roads and highways doesn’t cure congestion but merely causes more, so the focus should be on other priorities.

Predictably, everyone freaked out—Conservatives went into full meltdown, and the premiers all lined up to howl about this, when again, they know he’s not wrong, and oh, by the way, there isn’t any money left in the infrastructure fund anyway, so why does it matter? Guilbeault was trotted out to say that he should have been more specific in his comments, and he was mostly referring to the Third Link proposal in Quebec City, which they have no intention of funding, but of course, by that point, the narrative is set as chuds across the Internet have been memeing this for all it’s worth.

Dunking on Guilbeault has become something of a national preoccupation, and news media likes nothing more than to both-sides this sort of thing, taking the bait to continue to give uncharitable readings and framing this as he and the government being “out of touch.” If there’s one thing that makes everyone angry, it’s the whole “war on the car” bullshit that keeps incredibly bad city councillors and mayors in power across this country. And we wonder why we are incapable of serious discourse in this country?

https://twitter.com/s_guilbeault/status/1757961974137168362

Ukraine Dispatch:

Ukrainian forces say that they used naval drones to sink a Russian landing ship in the Black Sea. Here is an explainer of the security assurances that Ukraine is signing with a number of countries including Canada.

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QP: Protesters and stunts for clips

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The prime minister was present today, while his deputy was not, and all of the other leaders were present, and ready to take full advantage of proto-PMQ day. Pierre Poilievre led off in French and worried that one of the companies involved in the ArriveCan debacle has won $250 million in government contracts since 2015. Justin Trudeau noted that in spite of the pandemic, rules needed to be followed, which is why he welcomes the Auditor General’s report. Poilievre quoted from that company’s website, and wondered what was up. Trudeau said that it as up to authorities to investigation any misconduct. Poilievre switched to English to repeat his first question with a “W. T. F?” at the end. After being warned by the Speaker, Poilievre clarified he meant “Where’s the Funds,” and the Speaker warned him again. As Trudeau gave his same response, there a disruption in the gallery of “Free Palestine” protesters, and then some shouting on the floor between MPs, at which point the Speaker called for a two minute break.

When things resumed, Poilievre got back up and wondered about this company further, calling them “suspicious.” Trudeau repeated that relevant authorities are investigating what went on. Poilievre got back up one more time, and recited his slogans before casting aspersions on this company for a fifth time. Trudeau repeated his answer yet again, before pointing out what they are doing to help Canadians.

Yves-François Blanchet led for the Bloc, and he took his own kick at the ArriveCan question, and Trudeau repeated his same lines about needing to investigate. Blanchet wondered what is happening with this company’s other contracts, to which Trudeau went on about internal processes in the civil service that were triggered and that the RCMP are involved, and he awaited the results.

Jagmeet Singh rose for the NDP, and lo, asked the very same question, asserting that that $60 million could have done things like hire nurses…which the federal government doesn’t do. Trudeau repeated his response again. Singh repeated the question in French, and got the same answer. Again.

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Roundup: A dubious Federal Court decision, but right about judicial appointments

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The Federal Court ruled yesterday that the federal government must start filling judicial vacancies faster because, which is true, but the judgment itself is something of a mess. It’s hard to see how the Court has jurisdiction here, and the judge seems to have invented a bunch of justification and has handwaved around constitutional conventions, and in the end, declared that the government must fill most of those vacancies “in a reasonable period of time,” which is vague and of little value other than the declaration. Emmett Macfarlane has promised a post on this soon, and Leonid Sirota has a thread here taking issue with the reasoning (though not the underlying issue of not making sufficient appointments—everyone is agreed on that point).

I have been writing on this government’s problems with appointments since probably their second year in office, possibly even sooner than that. While you can look up the myriad of columns I have written, the short version is this: The government wants to make diverse appointments (which is good! This is a good thing!) but they insisted on a system of self-nominations rather than going out and nominating people. We know that women, people of colour, and LGBTQ+ people routinely don’t apply for positions like this because society has drilled into them the message that only straight, old white men get positions like this. Even the Liberal Party itself gets this in their candidate selection process, where they set up systems to be persistent in getting women and diverse people to seek nominations. And even with that, the federal government has utterly dropped that ball and thinks that they can simply say “We’re accepting diverse applications!” and expecting those applications to flood in. They seem to act like the Sesame Street sketch where Ernie simply goes “Here, fishy, fishy, fishy!” and the fish leap into the boat. That’s not how this works, and when they don’t get enough applications, it slows down the process tremendously. And after seven years, they have absolutely refused to learn this lesson. Refused! It’s some kind of giant ideological blinder that they cannot get their collective heads around, no matter how many times the Chief Justice of the Supreme Court warns them, or the Auditor General sounds the alarm about vacancies on port authorities or the boards of Crown corporations, or even their process for appointing senators. They absolutely refuse to learn the lessons of their failures.

It does bear mentioning that there has been an uptick in the pace of appointments in the past few months, and filling vacancies for provincial chief justices and associate chief justices has also picked up speed (and yes, I have been keeping an eye out for this). That said, making federal judicial appointments faster won’t solve the problems with our justice system because a lot more of them involve provinces not properly resourcing provincial courts or superior courts, where you have a lot of cases where there are no court rooms or court staff available, and that causes as many if not more problems. The issue of federal appointments, however, is low-hanging fruit so it’s taking a lot more attention than it should, and once again, premiers are being allowed to skate because of it.

Ukraine Dispatch:

Russians have struck a hospital and apartments in Selydove in eastern Ukraine, killing three people. Here’s a look at how Ukrainians are decoding Russian battle communications to save lives on the front lines. Russia is pulling old tanks out of storage and refurbishing them after having lost more than 3000 in the fighting in Ukraine over the past two years. Ukraine’s military intelligence is now saying that Russia has been buying Starlink terminals by way of “Arab countries.”

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QP: Call in the RCMP…that we don’t direct

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Both the prime minister and his deputy were present today, as were all of the other leaders, so that was nice to see. Pierre Poilievre led off in French, and after reciting some slogans, he mischaracterized the Auditor General’s report into ArriveCan and boasted that he wrote to the RCMP to call on them to expand their investigation into wrongdoing and demanded that the prime minister not block their efforts. Justin Trudeau stated that the pandemic was a once-in-a-century event and that they expected rules to be followed in spite of this, and that the RCMP will do their job, but that this government is for border security, which the Conservatives vote against. Poilievre listed some revelations in the report and demanded that the prime minister respect the independence of a criminal investigation. Trudeau assured him that they would, and that there would be consequences for any civil servants that broke rules. Poilievre switched to English to repeat his boast that he wrote the RCMP to expand their investigation, and Trudeau repeated that the pandemic was once-in-a-generation event, and that they expected civil servants to follow the rules, but they don’t need to tell the RCMP to do their jobs. Poilievre howled that Trudeau keeps blocking investigations and accused him of filling the pockets of friends, all of which is specious on its face. Trudeau said that this was an example of Poilievre reverting to type and playing partisan games. Poilievre tried to spin this as Trudeau calling the Auditor General the conspiracy theorist, which was bizarre. Trudeau said that Poilievre needs to work on his listening skills, and that they await the results of the investigation so that those who broke the rules will be held to account.

Yves-François Blanchet led for the Bloc, and wanted the government to adopt the motion to allow for advanced directives on assisted dying. Trudeau recited that this is a very personal decision, and that they responsible for ensuring that vulnerable people are protected. Blanchet insisted that they move ahead with their motion, and Trudeau insisted that these are the kinds of conversations they need to be having.

Jagmeet Singh rose for the NDP and quoted the National Housing Advocate and demanded that he follow her recommendations. Trudeau said that he welcomed the NDP’s support in their housing measures. Singh repeated his demand in French, and Trudeau said that they will continue to listen to community organisations and municipal partners. 

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Roundup: The AG’s report into ArriveCan

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The Auditor General released her report into ArriveCan yesterday, and it was suitably scathing, but in spite of Pierre Poilievre throwing arounds words like “corruption” and blaming the prime minister directly, the AG’s criticisms were squarely directed to the CBSA. It bears mentioning that CBSA is a federal agency, not a department, which means that it operates at arm’s length of government. Unlike a department, they don’t have direct political oversight, and while the president of CBSA reports to the public safety minister, and will accept broad political direction, the government does not direct operations (much like the CRA or RCMP).

So just what did she find? A complete lack of paperwork, of checks and balances, or of proper management or contracting practices, right up to the point of the outside contractor taking senior CBSA officials out to dinners and helping write the terms for when the contract would be put out to tender in a way that benefitted them. Once again, it’s hard to pin this on the government or Cabinet because they’re not involved in this level of decision-making. The Conservatives like to characterise this as “Liberal insiders” or “cronies” getting rich, but again, the report draws none of these conclusions. Meanwhile, those senor officials are now suspended, and there is an ongoing RCMP investigation, which is appropriate, while CBSA’s internal audit is ongoing.

There is an open question as to the reliance on outside contractors, which may be appropriate considering that CBSA wouldn’t have required the presence of app developers on their IT staff as a matter of course, and I’m not sure if this could have been contracted out to Shared Services Canada either (though given SSC’s history, I’m not sure I’d be confident in the quality of that product). And that’s fair enough. The problem becomes that they cut every corner and disregarded the rules in the process, whereas transparent contracting and proper paper trails and records of approval processes could have shown this to be a viable exercise, but we can’t know that because of how they ultimately behaved. So, while Poilievre and Jagmeet Singh insist that civil servants could have done the work, I’m not convinced, but that doesn’t mean that this still wasn’t handled in the worst way possible.

Ukraine Dispatch:

Russian forces attacked a power plant in Dnipro with missiles and drones, cutting off power and water supplies to some residents. Analysis shows that Russia used Zircon hypersonic missiles against targets in Kyiv on February 7th. Ukraine is looking to produce thousands of long-range drones this year. Ukrainian military intelligence suggests that Russia has been obtaining Starlink terminals through third countries.

https://twitter.com/ukraine_world/status/1757040939929944128

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QP: Gathering clips about ArriveCan

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The prime minister was in town but not present, though his deputy was. The Auditor General’s report on ArriveCan had dropped earlier in the morning, and we all knew this was going to led the day, even though not every leader was present to make hay with it, or to harvest clips for their socials. Pierre Poilievre started off in French, and linked the $60 million spent on ArriveCan to people lining up at food banks, which is utterly specious, and denounced the app. Dominic LeBlanc stated that they read the report and accepted the recommendations, and that rules were not followed when they expected them to be. Poilievre insinuated that Trudeau was present and hiding behind his minister when he wasn’t, and then railed about the app again. This time Jean-Yves Duclos read his own thanks to the Auditor General, and said that many of the recommendations have already been implemented and the rest will be shortly. Poilievre switched to English to repeat his earlier specious connection between the economic situation and the spending on this app, and LeBlanc reiterated that they called for investigations they learned of allegations, and that they will hold those found responsible to account. Poilievre insisted that the prime minister could have stopped this, which is a huge reach, and Duclos listed measures they have implemented to improve contracting. Poilievre tried once again to insinuate that Trudeau was present and not answering, and said the money could have been better spent on inspecting containers at ports smuggling out stolen cars. LeBlanc said they have no lessons to take from a party that slashed the border inspectors when they were in government. 

Alain Therrien led for the Bloc, and declared there to be a consensus on advanced directives for assisted dying, and wanted them legalised. Arif Virani says that they will be working with Quebec on next steps. Therrien repeated his demand, taking swipes at the Conservatives in the process, and Virani reiterated that they want to treat these issues in a thoughtful way.

Jagmeet Singh rose for the NDP, and pretty much stole Poilievre’s lines on ArriveCan, to which Duclos again thanked the Auditor General for her report, and that changes were being made. Singh repeated the question in French, and LeBlanc recited his lines about identifying the series of practices not being followed.

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Roundup: The hit piece that wasn’t

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Remember a week ago when Pierre Poilievre put out a tweet declaring that the Toronto Star was attacking him, and he tried to pre-spin a forthcoming story about he and his wife buying a $300 splash pool for their kids? Well, we finally saw that story on the weekend, and lo, it was nothing at all like Poilievre whiningly described. Instead, it was about how security upgrades have been made at Stornoway because of concerns that included those from the Sergeant-At-Arms of the House of Commons. Some “attack.”

This is, of course, how Poilievre likes to frame every media interaction, no matter what. The attacks he’s been making against The Canadian Press for the corrections they made to a story were not misquotes or certainly not a “hit piece” like he keeps saying—the corrections were because the journalist drew the links that Poilievre was hinting at in the remarks he made to a radio station. That was it. With the stories about Danielle Smith’s anti-trans policies and trying to get comment from Poilievre on them, he keeps accusing them of “disinformation,” when it’s nothing of the sort. We all know, of course, that this is him playing for clips that he’ll feed to his base on his socials, and that his friendly outlets like Rebel and True North will pick up on his behalf, but come on. At some point, you would think that people would see that the stories were not attacks and that he’s being a big crybaby over nothing. Of course, that would mean that their cognitive dissonance wouldn’t also kick in to avoid criticizing their leader, but come on. You’re not the victim here.

Ukraine Dispatch:

Russia launched 45 drones over Ukraine early Sunday, after they previous hit Kharkiv the day before, which killed seven. Russian forces are pushing into Avdiivka, and getting close to main supply lines, which creates a major challenge for the new commander-in-chief. Russians have been found using Starlink terminals in occupied territories in an organised manner, while Starlink insists that they haven’t sold terminals directly or indirectly to Russia.

https://twitter.com/ukraine_world/status/1756210514835722290

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Roundup: Reviving the NEP to own the Libs?

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It’s kind of amazing how little thought goes into some of the slogan-laden thinking in so much of the politics in this country, and no party is exempt from it. It’s also funny how some of these policies are just rehashing of old programmes that they hated before. Case in point? Alberta trying to make hay about New Brunswick importing oil rather than getting it from Alberta.

Or as I like to say:

Ukraine Dispatch:

Russian drones hit a petrol station in Kharkiv, causing a massive explosion. The new commander-in-chief wants to regain momentum in the conflict, but problems with manpower and dwindling ammunition remain structural challenges for him.

https://twitter.com/ukraine_world/status/1756210514835722290

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Roundup: Bad Supreme Court reporting is bad

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There is a reason why journalists should have beats, and why it can be dangerous to write about topics or institutions when you’re not familiar with them. There was a case in point yesterday in the National Post which was trying to sound some kind of alarm about what’s going on at the Supreme Court of Canada—except there’s actually no story here. I’m really not trying to pick on the reporter of the piece, because he’s a good journalist, but he just doesn’t know the file, and got swept up in what a particular lawyer was telling him without having a proper bullshit detector.

The supposed crisis is that the Court is hearing fewer cases lately, and a lot of what it is hearing is being decided in rulings from the bench, meaning they generally don’t release written decisions, and that this is somehow bad for developing case law. Because he talked to one lawyer who tracks stats, he figures that’s the story. Except it’s really not. They’re hearing fewer cases as a direct result of the pandemic, which slowed down the ability to hear cases at the trial court level, which then slows down appeals, which slows down their ability to get to the Supreme Court. They piece pooh-poohs that almost four years later this is still a problem, when of course it is. These things take a long time, particularly when courts were operating on a minimal standard for nearly two years. And because they were operating minimally, most of what they did hear were criminal cases, because they have timelines attached lest they get stayed for delays. That means that most of what does filter up to the Supreme Court are criminal cases, many of them as of right (meaning that at the appeal level, it wasn’t unanimous, so it automatically goes to the Supreme Court of Canada). That’s why a lot of these cases are being decided from the bench—there isn’t any matter of national importance being decided, so they have few needs for written rulings. In the Court’s current session, only two of the cases are not criminal because that’s how the lower courts have been operating. It’s a problem for sure, but it’s one because provinces aren’t funding courts adequately, and the federal government is too slow to make appointments to fill vacancies. This is not a Supreme Court problem.

Furthermore, the piece quotes from a literal constitutional crank—a particular law professor who is of the “burn it all down” school—because it’s a lazy journalist’s trick to make the piece sound more controversial or edgy. But here, he’s saying that he can’t believe they weren’t hearing certain cases without actually saying what he wanted them to hear, and then, out of nowhere, says the Court is going to have to expand, but doesn’t explain why. It makes no sense other than it’s piggybacking on an American issue that has nothing to do with our Court. There is also concern that the court’s decisions are a lot more divided these days and not unanimous without actually exploring that. This is largely because of the different styles of chief justice—under Beverley McLachlin, she strove for more unanimous decisions, and in the end, many of the rulings became so narrowly focused in order to achieve unanimity that they were largely useless for the purposes of developing case law. There is more dissent now because Richard Wagner isn’t concerned with achieving unanimity to the detriment of the decisions, and you have a couple of judges on the court who like to be contrarians. That’s not a bad thing. There is no crisis with the Supreme Court, and if the reporter had any grounding in the institution, he would have seen that there’s no smoke, no fire, and stats without context are useless.

Ukraine Dispatch:

The fighting is now inside the city of Avdiivka, which Russians have been trying to capture for months. There was another prisoner swap yesterday, with 100 exchanged on each side. President Volodymyr Zelenskyy has replaced the top army commander, looking for fresh ideas on how to push Russian invaders back. (More about the new chief here).

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QP: Getting partisan about gendered violence

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The prime minister was off attending the big auto theft summit several blocks away from the West Block, while his deputy was similarly absent, as were all other leaders. Andrew Scheer led off in English, read some specious statistics about auto theft, and demanded more tough policies. Jennifer O’Connell countered with the fact that five years under the Harper government saw even higher auto theft rates than now. Scheer volleyed that those were the first five years with the problem they inherited, before giving a misleading statement about carbon prices and grocery prices. François-Philippe Champagne deployed his “take no lessons” line and gave a swipe about Jenni Byrne. Scheer returned with the number of former Liberal staffers who lobby for Loblaws, and gave an “it’s the carbon tax, stupid.” The Speaker warned him, before Champagne extolled his efforts to get new grocers into Canada. Gérard Deltell took over in French, and accused the government of prioritising photo ops over building housing. Champagne said that the only thing the Conservatives are good at is insulting  mayors. Deltell noted the decrease in housing stocks under the Liberals and demanded action. Champagne said that he has nothing to learn about videos and photo ops from the Conservatives, as they don’t solve problems.

Claude DeBellefeuille led for the Bloc, and she wanted the government to let Quebec proceed with advanced request for MAiD, to which Jean-Yves Duclos noted that as the former minster of health, he wanted to recognise Quebec’s movement and said that they would work together. DeBellefeuille repeated the demand for the Criminal Code changes, and Duclos said that they need to protect the most vulnerable, and promised to look closely at this.

Alexandre Boulerice rose for the Bloc, and demanded support for their “grocery prices” bill, and in response, Champagne stated that they have moved forward with competition reform and took most of the NDP’s recommendations. Lindsay Mathyssen repeated the demand in English, to which Champagne repeated the same response in English.

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