Tag Archives: Appointments

Roundup: A game of chicken over a public inquiry

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A game of chicken is shaping up around the demands for a public inquiry into allegations of foreign interference, that started with Dominic LeBlanc throwing it into the opposition’s lap to come up with a name they could agree to that could head it, along with terms of reference, knowing full well that it is going to be incredibly difficult to do, particularly because they all have competing goals, and some their demands are literally impossible, such as having an incredibly wide-ranging inquiry that could somehow complete its work in but a few months. Not going to happen.

Pierre Poilievre has decided to try and turn the tables and says that he wants the government to commit to said inquiry before he starts sharing names, which risks letting the government sit back and say that they already stated their terms. Committing to a public inquiry is one thing, but drawing up the Order in Council for it is quite another, and that requires having the commissioner(s) and terms of reference already decided.

This being said, the deadline of having this declared before Friday is wholly artificial. The government doesn’t need to table this in the House, and they can draw up the Order in Council at any time. If the aim is for the House of Commons to vote on the proposal, that’s a bad idea because then it launders the accountability for what happens, and lets the government off the hook if things go sideways, and MPs should know this because it’s fundamental to their very jobs, but they have become completely blinkered in this. At this point, I’m not expecting an announcement before Friday, and for this to drag on for several more weeks because there won’t be any agreement on names or the scope of the inquiry. That said, I do fully expect that we’ll have a summer full of “emergency” committee meetings on this and other topics, so I doubt the story will go away—just the daily demands in Question Period.

Ukraine Dispatch:

Russians fired another 35 Iranian-made drones into Ukraine, with some 32 being shot down, but a “critically important facility” in Lviv was struck, with no further clues as to what it was. There are also competing narratives at play—president Volodymyr Zelenskyy says that they are destroying Russian forces in both the east and south, while the Russians claim that they are repelling the offences. Here is a look at some of the Canadian soldiers training Ukrainian troops at Camp Sapper in Poland.

https://twitter.com/ukraine_world/status/1671118296374976513

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Roundup: The Chief Justice gives a strong warning

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Chief Justice of the Supreme Court of Canada, Richard Wagner, delivered his annual news conference yesterday, which had been planned a month ago and the timing was purely coincidental regarding the sudden resignation of Justice Russell Brown. That was not the main topic of his remarks, however—that was about the slow pace of judicial appointments as some eighty or so spots remain unfilled, and it can take up to a year-and-a-half to fill the positions of chief justice or associate chief justice in a province. And Wagner has been pretty vocal about this.

Wagner did note that the prime minister did call him after getting his letter, and said that he was going to do what he could to improve the situation, but appointments are a problem for this government. In fact, the only time they have managed timely appointments are for the Supreme Court of Canada. One of the problems is that right now, a number of Judicial Advisory Committees, which vet prospective candidates, remain empty, meaning they need to be filled before they can get to the work of vetting applications for judges. And it’s not just the courts—nearly one fifth of Senate seats are currently vacant for much the same reason. And it’s not like these vacancies are a surprise—judges typically give six months’ notice before they retire, if they don’t reach mandatory retirement. Senators also age out, the date of which is clearly known and posted, so they have absolutely no excuse for not moving fast to fill upcoming vacancies. And yet they don’t.

As you have no doubt heard me say before on numerous occasions, one of the biggest problems is that this government made the decision to rely on self-nominations for these kinds of positions, while at the same time, committing to diversifying the bench (or the Senate). But when you rely on self-nomination, the kinds of people they want to apply and to appoint aren’t applying because they don’t see themselves in these roles (because the ingrained perception is that judges or senators are old white men), meaning that they need to go out and push people to apply and that takes time. They could instead just go out and nominate people, or have their appointments committees do that work, rather than just passively waiting for applications. To add to that, there is frequently a demonstrable difference in the performance of someone who was nominated (for whom they often see it as an honour to be considered) versus someone who applies (and feels entitled as a result),  But they refuse to see this and do that work, so we’re left constantly waiting for their poor process to play out, with the resulting delays that it entails while things crumble around them.

Ukraine Dispatch:

The Russian attack on Kryvyi Rih—the hometown of president Volodymyr Zelenskyy—killed at least eleven people when it struck an apartment building. As well, Russian missiles struck Odesa, killing at least three people in the early Wednesday morning. As well, independent confirmation is starting to roll in about Ukrainian gains in the counter-offensive.

https://twitter.com/ukraine_world/status/1668511155160055808

https://twitter.com/ukraine_world/status/1668523632266469377

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Roundup: The “filibuster” that wasn’t

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A particular level of self-aggrandisement seems to be taking hold in the Leader of His Majesty’s Loyal Opposition, as he describes things that are not reflective of reality. Yesterday morning, he summoned the media to a speech he delivered to caucus—something that is not uncommon for the last caucus meeting before the summer break, but we are still two weeks away from that. There, he promised that he was going to rise in the House of Commons at 7 PM and begin a filibuster of the budget bill, and that he wouldn’t stop until the government backed down and acceded to his demands.

Except it was all bullshit.

There wasn’t going to be a filibuster. The House had already passed a programming motion, thanks to the NDP, that laid out just how many hours left of debate there were before the final debate, and Poilievre couldn’t just talk and talk past he expiry of that clock. It was already set in stone. So, after another attempted abuse of remote voting as a procedural tactic (which the Deputy Speaker lost all patience with), Poilievre got up to give his five hours of allotted time. But again, this isn’t actually a filibuster because the leader of the opposition gets unlimited speaking time to certain items on the Order Paper, and this was one of them. He wasn’t filibustering anything. He was showboating.

While Conservatives flooded social media with effusive praise about how he was standing up for defenceless Canadians against the predations of the government, and they kept praising how long he was speaking, he wasn’t actually accomplishing anything other than playing to his own backbenches. It’s not like anyone other than a few shut-ins and reporters who drew the short straw were watching. He didn’t stop the budget bill, because it was already the subject of a programming motion. He just talked for the sake of it, and was even finished before midnight hit, when the time would have expired automatically. There was nothing heroic about this action, and it accomplished exactly nothing at all.

https://twitter.com/a_picazo/status/1666653154694266880

Ukraine Dispatch:

President Volodymyr Zelenskyy is calling for international assistance in dealing with the destruction of the Kakhovka dam, as they continue to evacuate people from floods, and local authorities rush things like drinking water to the affected area. Meanwhile, Ukrainian forces have gained more ground around Bakhmut, but insist that this is not part of any ongoing spring offensive.

https://twitter.com/defenceu/status/1666417873776959489

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

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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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Roundup: Coronation details at last

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At long last, the federal government finally announced the delegation that is heading to the coronation in London, and much of it is unsurprising given that, for example, Indigenous leaders are already there along with Mary May Simon. News is that astronaut Jeremy Hanson will be Canada’s flag-bearer at the ceremony, and that there will be coronation medals created, which they didn’t do for the sesquicentennial or the Platinum Jubilee.

Meanwhile, the Globe and Mail has another particularly problematic story headline, wherein they cite the Governor General saying that King Charles “has work to do to cultivate ties with Canada.” The problem is that the story doesn’t actually say that—in the story, Mary May Simon says that because Charles isn’t as beloved as his mother, he “needs to develop his relationship further with Canada.” Which is true, but therein lies a couple of challenges. For one, he has plenty of ties to Canada that the headline incorrectly cites, and through his charity work over decades, he’s had exposure to a wide swath of the country that will be less accessible to him now that he’s King. In fact, not that he’s the King and not just a working member of the royal family, future trips to Canada will be much more circumscribed by what the government allows, because these kinds of visits are all at the behest and stage-managed by the government of the day. Charles has wanted to do more trips to Canada, trying to do one every two years, but the current government has been less interested in that, so he hasn’t been here as much as he would have liked. And that reluctance is going to play out in the future.

In other coronation-related stories:

  • Following midnight rehearsals, RCMP participating in the coronation say they’re good to go on the big day.
  • Here’s some of the history of the items being used during the ceremony.
  • There’s still no word about what our government is planning to do about the King on banknotes and coins, while other Realms go in different directions.
  • Australian constitutional scholar Anne Twomey offers some history and context on the coronation as it applies to realms like Australia and Canada.

Ukraine Dispatch:

Russian forces shelled Kherson, killing twenty-one civilians, and injuring over forty-eight. Russians claim they “foiled” an “assassination attempt” on Putin with an alleged drone attack on the Kremlin, which Ukraine denies launching. Experts also conclude that the Russian claim doesn’t make any sense.

https://twitter.com/zelenskyyua/status/1653824270626070540?s=61&t=4Hh5vgfw5YMHmDbMU3ctNg

https://twitter.com/ukraine_world/status/1653709872771260419?s=61&t=4Hh5vgfw5YMHmDbMU3ctNg

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Roundup: The thing about the interim ethics commissioner

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The issue with the appointment of Dominic LeBlanc’s sister-in-law as the interim ethics commissioner has been nearly inexplicable, until you actually look at the position itself. The optics are absolutely bad, and a very real problem because of the whole issue around perceived conflicts of interest. The problem, however, is that they may not have had much choice in the matter given how the role is structured legislatively. While LeBlanc had no role in the decision, the PMO told CBC that the Privy Council Office—meaning the non-partisan civil service—is responsible for the decision, which no member of the government has stated to date, and you think they would have, if they could communicate their way out of a wet paper bag.

The legislated criteria for who can be the ethics commissioner is very restrictive—you need to be either a former judge, the formal head of a quasi-judicial administrative tribunal, or the former Senate Ethics Officer. Unspoken qualification is that you would also have to be bilingual, which limits your field even further, particularly for former judges. And while the salary was commensurate of that of a federally-appointed judge, the posting for the new commissioner cuts that by a third to bring it in line with other officers of parliament, which is going to make it all the more unattractive, particularly to former judges who are going to take one look at it and decide that they don’t need the aggravation for the amount of money they’re being offered.

There’s a reason why Mary Dawson’s term needed to be extended two or three times while they looked for a replacement. There’s a reason why they pretty much had no choice but to go with Mario Dion when he applied, because there was nobody else (and Dion was not the best choice on offer). And when Dion resigned the post suddenly (two years early) for health reasons, they were pretty much screwed because they couldn’t extend him until a replacement could be found. The solution was the most senior person in the office—said sister-in-law of Dominic LeBlanc—who has been there for ten years. And there is already an ethics screen in place regarding LeBlanc, to keep her out of any conflicts. It’s likely that PCO’s determination was that this was the best of a bad situation, but it’s not good. The interim commissioner doesn’t qualify to become the permanent commissioner, so this situation is temporary. But ultimately, this is a failing of the legislation, because MPs were trying to play tough when they brought it in, and wound up shooting themselves in the foot over it. And now there is an untenable situation because they boxed themselves in. Good job, guys. Your posturing has really paid off.

Ukraine Dispatch:

Ukrainian forces report that the Russian advance on the outskirts of Bakhmut has been “halted—or nearly halted.” President Volodymyr Zelenskyy marked the one-year anniversary of the liberation of Bucha, and the discovery of the horrors left in the Russians’ wake, making another call for justice for war crimes.

https://twitter.com/ukraine_world/status/1641810694852026369

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Roundup: Four balloons and counting

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Apparently Chinese balloons are all the rage right now, as Justin Trudeau ordered NORAD defences to shoot down a balloon over Yukon (and recover operations are now ongoing), and now another “object” has been shot down over Lake Huron in coordination with continental defences. Yes, an American F-22 did the job, but it sounds like that was because it was closer launching from Alaska, whereas our CF-18s launched from Cold Lake, which is much further south (though some have said the F-22 can fly higher than a CF-18, but that doesn’t sound like the reason). This makes a total of four likely balloons being shot down in North American airspace in the past several days. From what I’ve been given to understand, much of the NORAD systems have been calibrated for planes and missiles, so many of these balloons may not have been noticed, but now that we’re noticing them, well, we’re really noticing a lot of them, and shooting them down sends a message to China—assuming that these are theirs, because that is still an open question.

https://twitter.com/StephanieCarvin/status/1624886714257879040

If nothing else, this has been a teaching moment about NORAD, because some people don’t seem to understand how it operates.

https://twitter.com/andreacharron/status/1624941399119388675

There are plenty of questions as to why balloons, and the fact that they may have gone undetected by NORAD systems may be a clue, but it’s been a whole weekend of this.

Ukraine Dispatch, Day 355:

Russian forces spent the weekend shelling the eastern part of the country, and in particular Nikopol and Kharkiv, but it also looks like they are having a hard time getting their planned new offensive off the ground. President Volodymyr Zelenzkyy has praised the country’s efforts in restoring their electrical grid after repeated Russian attacks, but says it’s too early to declare victory just yet. Meanwhile, here is a look at Ukraine’s cultural diplomacy, and their calls for cultural sanctions against Russia, which would include banning their athletes from the Olympic Games.

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Roundup: An important Parliamentary anniversary

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Yesterday was the anniversary of the great fire that destroyed the original Centre Block, which also meant that it was the day when they use the wooden mace, which was the temporary replacement for the one that was lost during the fire. The Library survived because it was separated from the main building, and the iron doors were closed that kept the fire at bay. While the cause of the fire was never conclusively determined, and there were a lot of worries about German spies (because this was during the First World War), it was most likely caused by faulty wiring catching fire.

Ukraine Dispatch, Day 346:

European Union officials were in Kyiv to show support for Ukraine, and talked about upholding sanctions in order to degrade Russia’s war machine. President Volodymyr Zelenskyy also said that they plan to hold onto “Fortress” Bakhmut as long as possible, as Russian forces try to encircle it. Russian missiles struck Toretsk in eastern Ukraine, killing at least six civilians.

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Roundup: It’s like the market is deciding

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There remains a lot of insistence that Canada should be exporting more LNG, and confusion as to why we’re not. And lo, there are a bunch of market forces at work, as fully permitted projects are not getting underway. Justin Trudeau’s remarks about there not being a business case turns out to actually be true. Funny how that works.

 

Ukraine Dispatch, Day 345:

Russia hit more apartment buildings in Kramatorsk in overnight bombings, while they try and encircle Bakhmut in the East. Meanwhile, the UK is saying no to providing fighter jets to Ukraine because they say that training the pilots takes three years (and yeah, I can see that, not to mention the maintenance on them is hideously time-consuming). Ukraine is also restarting repairs to some of its power plants, which is relieving the electricity shortages brought on by attacks.

https://twitter.com/zelenskyyua/status/1621193898948182021

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QP: Like an interminable rerun

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For caucus day, all of the leaders were present, which has been nice to see more consistently over the course of the week, for as long as this is going to last. Pierre Poilievre led off, and in French, asked how much the federal government had spent on contracts with McKinsey. Justin Trudeau said that he asked the deputy prime minister, the minister of public service as the president of the Treasury Board to follow up to ensure all rules had been followed, and that they are open and transparent with the committee. In English, Poilievre asked the same question again, and lamented that McKinsey is shrouded in scandal. Trudeau repeated his same response, noting that most of those contracts were signed by the public service. Poilievre quoted a previous Trudeau statement about his recruiting Dominic Barton, and demanded again to know how much they got paid. Trudeau noted that he has been touched by the number of Canadians of extraordinary backgrounds who have asked to contribute to the country, and Barton was someone who served the country; with regards to the contracts, he repeated his previous response. Poilievre accused Trudeau of never taking responsibility, and shed some crocodile tears about the civil servants feeling undervalued by those McKinsey contracts—never mind the history that the Conservatives and Poilievre personally had with using outside consultants because they didn’t trust the civil service—and again demanded a figure for those contracts. Trudeau mouthed some platitudes about supporting Canadians through a difficult time with direct supports. Poilievre listed mortgage prices, the cost of rent, the number of people going to food banks and blaming the carbon price for that (which is specious to say the least), and somehow tying this to the use of consultants, and his pathetic “just inflation” line. Trudeau said that while the Conservatives focus on schoolyard taunts, he’s helping Canadians.

Yves-François Blanchet led for the Bloc, mentioned his meeting with the new special representative for combatting Islamophobia, Amira Elghawaby, and wanted Trudeau to admit that he did things indirectly. Trudeau noted that there are difficult conversations that needed to be had around the country, such as systemic racism, which is why they appointed Elghawaby in the first place. Blanchet wanted the prime minister to say that Quebec’s Law 21 is not Islamophobic, but Trudeau gave some platitudes about learning together. 

Jagmeet Singh rose for the NDP, and he blamed the prime minister for the growing nursing deficit across the country, which is solely a provincial issue. Trudeau noted that they sent billions of dollars to the provinces in the pandemic, and they were sitting down with premiers next week to discuss next steps. Singh made the same accusation in French, and got the same answer.

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