Roundup: The slow pace of judicial appointments

In what is a fairly perennial story, there are complaints that delays in the justice system are being caused, in part, by the slow pace of judicial appointments by the federal government. One should probably also point to the fact that provinces continue to under-resource their court systems, but the federal government can wear much of the blame around these vacancies, in large part because of the system that they have chosen to set up in order to make these appointments.

In order to de-politicise these appointments as much as possible, the process involves independent judicial advisory committees vetting applications from lawyers who want to become judges, and those who are highly recommended get passed onto the minister’s office for another round of vetting (which has a political element because the prime minister remains politically accountable for all judicial appointments), before the appointments are finalised.

While this sounds all well and good, the problem is twofold—that the government has a stated desire to appoint more diverse members to the bench, but at the same time, they insist on self-nominations. The problem there is that a lot of people from the diverse communities they draw from don’t feel either qualified to apply, or they simply feel like they won’t get it because of the persistent image of judges as being old white men, and that it will keep replicating itself so they don’t apply. This draws out the process while they wait for more diverse applications, and on it goes. What these committees should be doing is more outreach and going out to nominate lawyers who they feel would do well on the bench—particularly as there is an observed difference in people who are nominated for an appointment like this, and those who apply and get it. But this government refuses to do that kind of outreach work, even when it would net them better, more diverse results, and here we are, with a slower process for these appointments, and mounting complaints that the government is shuffling their feet when it comes to ensuring the benches are filled so that they can deal with the backlog in the courts.

Ukraine Dispatch, Day 324:

Days after Wagner Group mercenaries claim they took the town of Soledar, Ukrainian forces continue to insist that they are holding out, and that it’s a “bloodbath,” with them having killed over 100 Russian troops so far, and that the Russians are just walking over their own bodies to keep fighting.

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Roundup: Those December job numbers

The big, and well, only real news yesterday in Canada were the release of the job numbers from Statistics Canada, and they blew past expectations. Far beyond them. Analysts forecast somewhere between five and eight thousand new jobs in December, and instead there were 104,000, the vast majority of them full-time, and almost all in the private sector. The unemployment rate edged down further to five percent, which is just barely off of the record low of 4.9% we saw over the summer. This shows that the labour market is still incredibly tight, and the Bank of Canada’s estimation that this level is unsustainable and a sign there is still too much demand in the economy that it’s driving inflation, and it requires some rebalancing to ensure that those job numbers are more sustainable. There have been a lot of fairly torqued readings of Tiff Macklem’s comments, that unemployment needs to be higher to slow inflation, but I’m not sure that captures enough nuance in what he’s trying to say.

The point in the report about record high employment levels for core-aged women, particularly those with small children, is particularly important because of this government’s focus on child care deals with provinces. This is one of the points of it—getting more women into the workforce, and the programme pays for itself with all of the additional revenue generated by those women in the workforce. It may be too soon to draw the straight line between the child care deals and those women going back to work, because in most provinces, the fees have only just started falling, but it does point to why early learning and child care is important, because the tight labour market needs those core-aged women right now.

And then there is all of the talk of the “looming recession.” It still may not happen, and there could be a “soft landing” of slower growth while the labour market rebalances itself, but not negative growth or a significant increase in unemployment. And if there is a recession, it’s not likely to be one with too many job losses because of the tight labour market, and that could reduce some of the pressure, again, while the economy starts to rebalance itself to a more sustainable place. We’re not in the same place we were in previous economic downturns, so things could be very different this time around.

Ukraine Dispatch, Day 318:

In spite of Russia saying they were going to enact a thirty-six hour ceasefire for Orthodox Christmas, they nevertheless carried on shelling parts of Ukraine, because that’s who they are. They then said Ukraine was shelling them, but Ukraine didn’t agree to the ceasefire, so…

https://twitter.com/Podolyak_M/status/1611345077871284227

https://twitter.com/KyivIndependent/status/1611339196391882752

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Roundup: A few notes on the hybrid quotes

Because the hybrid parliament debate will resume in the New Year, CTV has a collection of quotes from MPs both here and in comparable Parliaments abroad about the format, and I find some of the commentary to be lacking. A few notes:

  1. Lots of talk about being able to participate while stick, while ignoring that this is setting up an extremely unhealthy system of presenteeism. MPs should be allowed to take sick days or leave if they require treatment for something like cancer, and not be made to feel guilty about it.
  2. There was some talk about party whips setting up rules for when MPs can appear virtually, but there seemed to be a lot of “when they feel like it” happening, particularly since Niki Ashton only appeared in Ottawa for two days the whole fall sitting, which should be absolutely unacceptable.
  3. Our committees are in crisis because of how they have been limited by hybrid sittings and the lack of interpretation staff. Only two government bills that were not budget-related got passed in the fall. Two. Some bills were in committee the entire thirteen sitting weeks that they sat, and are still not out of committee. Additionally, there are some committee chairs who are only appearing virtually (while not sick or infirm), which should not be allowed because it’s impossible to moderate a room you’re not in.
  4. The piece did quote the interim head of the interpretation service, but absolutely none of the MPs raised a single concern for the injuries that they are telling the interpreters to suffer so that they can appear remotely when they feel like it. The continued lack of basic awareness or concern about this remains unconscionable, and it’s absolutely shameful that MPs can’t arse themselves to care.
  5. Only the Bloc raised the concerns that ministers aren’t accessible because they are moving increasingly remotely, and allowing virtual voting is even worse for that. It used to be the time when MPs could get a chance to catch a minister’s attention about a matter that requires their attention, because they were all in the Chamber at the same time. Now most ministers run out of the Chamber when votes begin and vote on their phones from their cars, and they are no longer accessible, and that is a very big problem. Similarly, the more MPs and ministers are remote, the less they are able to be button-holed by journalists, making them even less accountable than they already are (especially because the architecture of the West Block makes it too easy for them to avoid media, even when they are there).

I don’t care how convenient MPs find hybrid sittings or remote voting, it’s degrading our institutions and it needs to come to an end immediately.

Ukraine Dispatch, Day 302:

I could find no stories on the situation on the ground in Ukraine because absolutely all of the coverage was about President Volodymyr Zelenskyy’s trip to Washington DC. During Zelenskyy’s visit with President Joe Biden at the White House, we got confirmation that the US will be sending Patriot anti-missile systems to Ukraine. Zelenskyy then headed to the Capitol, where he met with Nancy Pelosi (who enthused that this was just like when her father met with Winston Churchill in Congress 81 year ago), before Zelenskyy addressed a joint session of Congress. His message—that aid for Ukraine isn’t charity, but an investment in democracy and security, at a time when a number of US representatives are publicly doubting the “blank cheque” that has been given to Ukraine.

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Roundup: Refusing to aid so-called “illegal refugees”

MPs from the Liberals, NDP and even the Bloc are condemning the actions of Conservative MP Richard Martel as he refused to assist asylum seekers in his riding who face possible deportation to El Salvador, where they are threatened by gang violence. More than that, Martel called them “illegal refugees,” which is not a Thing, but is certainly drawing from American and far-right rhetoric.

What I find most interesting in this, however, are the people who think that Pierre Poilievre should intervene if he wants to show that he’s sincere about his outreach to newcomer communities, and should send the message to “treat all refugees equally.” But this ignores that Poilievre has been following the Jason Kenney “curry-in-a-hurry” method of ethnocultural outreach, which was predicated on using these communities in wedging others, whether it was going to socially conservative communities and saying things like “You hate the gays? Us too! You should vote for us!” Even more to the point, Kenney constantly turned different newcomer communities against one another, creating an artificial division between the “good” economic immigrants who “went through the queue,” versus the asylum seekers whom he termed “queue-jumpers,” never mind that there is no queue for asylum seekers or refugees, but that it is a separate process entirely (and no, refugees are not economic migrants. Refugee resettlement is a humanitarian project, and people need to get that through their heads). Getting one group of immigrants to resent asylum seekers was what Kenney was constantly trying to do.

Mind you, he wasn’t all that successful—his efforts never really netted much of a result when you looked at the election data, but the myth of his so-called success has been cemented in the imaginations of conservatives (and a not-inconsiderable portion of the media), so of course Poilievre is going to take inspiration from it. So I don’t expect he’ll take too much exception to the “illegal refugee” line, because it’s right out of the Jason Kenney playbook.

Ukraine Dispatch, Day 301:

President Volodymyr Zelenskyy visited the front lines in Bakhmut and met with soldiers there. Zelenskyy is expected to head to Washington today, his first trip since the invasion began, to address Congress as it debates further aid for Ukraine. Meanwhile, Kyiv and other cities in Ukraine are removing signs of Russian influence form public spaces now that the Russian-speaking lobby in the country has largely evaporated.

https://twitter.com/maria_avdv/status/1605101789677867009

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Roundup: That’s not what the Canada Health Act means

As much as I have some residual shreds of optimism that some people are starting to wake up to what is going on with the collapse of our healthcare system and are finally starting to apportion blame where it belongs—namely the provincial premiers—that doesn’t extend to everyone. And lo, there are still far too many members of the pundit class in this country, including its newest inductee, who refuse to get the memo, and who misconstrue the system in order to pin the problems on Justin Trudeau. To add to that, my reply feed is inundated with people who believe the disinformation that Trudeau has either cut or withheld half of the funding for provinces, which bears absolutely no resemblance to what is happening in reality.

https://twitter.com/EmmMacfarlane/status/1603795671760486411

https://twitter.com/EmmMacfarlane/status/1603796262276550657

And do not start handwaving about the Canada Health Act, because you can pretty much guarantee that it doesn’t mean what you think it means.

https://twitter.com/EmmMacfarlane/status/1603804047282151424

https://twitter.com/EmmMacfarlane/status/1603805458699259904

https://twitter.com/EmmMacfarlane/status/1603805932995182592

https://twitter.com/EmmMacfarlane/status/1603806417819168768

Ukraine Dispatch, Day 297:

Russia launched a major missile offensive against Ukraine, whose forces intercepted some 60 of the 76 missiles fired at them. That further damaged critical infrastructure in places like Kyiv, Kharkiv, Kryvhi Rih, and Zaporhizhzhia. This of course strained electrical grids even further, as each subsequent attack strains the system even further, making it harder to recover from each attack.

https://twitter.com/AnitaAnandMP/status/1603898290747080704

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Roundup: The passing of Jim Carr

Just before Question Period was about to start yesterday, the news broke that Liberal MP Jim Carr, who had been dealing with cancer for the past three years, had died. Proceedings were cancelled for the day, and tributes have been pouring in.

Ukraine Dispatch, Day 293:

It appears that Russia has burned through so much ammunition that they are now using decade-old stockpiles with high failure rates. Ukrainian forces say they have repelled Russian advances against four settlements in eastern Donetsk, and on eight settlements in Luhansk. Meanwhile, president Volodymyr Zelenskyy met virtually with G7 leaders about the need for modern tanks, artillery, shells, and natural gas to help their situation.

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Roundup: Not a national government?

The “Sovereignty Act” passed in Alberta on Wednesday night, albeit in a slightly amended form where the Henry VIII clause was largely taken out, but it’s still hot garbage and still blatantly unconstitutional on a number of fronts, so have no worries there. Rachel Notley has, not incorrectly, pointed out that that the rejection of federal authority clearly lays the groundwork for separatism, and the brain trust (if you can call it that) which were behind the bill are actively trying to court a constitutional crisis, demanding constitutional changes or they’ll start holding separation referendums (because that won’t devastate the province’s economy like it did Quebec’s in 1980. Cripes).

And then Danielle Smith said something really stupid, like she is wont to do, insisting that we don’t have a national government (erm, we do), and that provinces are sovereign (they’re not), and made up a bunch of ahistorical nonsense about signatories to the constitution and powers of the provinces, and it’s all wrong, but it’s not like Smith cares.

https://twitter.com/EmmMacfarlane/status/1600839666877562880

https://twitter.com/EmmMacfarlane/status/1600840633350082560

As for Justin Trudeau, he is steadfastly refusing to take the bait, and it looks like there will be some court challenges to the legislation in Alberta before the federal government is forced to make any kind of move to refer it to the Supreme Court of Canada. Some of those challenges may come from the province’s First Nations, who can clearly see that this is going to infringe on their inherent and treaty rights because it’s a resource grab by the province (and likewise in Saskatchewan with their “Saskatchewan First Act”) which is an absolute violation of Indigenous rights.

Ukraine Dispatch, Day 289:

Russian forces shelled the entire front of the Donetsk region, in what Ukrainians say is a bid to secure the bulk of territory they have already claimed, with the fiercest fighting once again near Bakhmut and Avdiivka. Ukrainian officials are also saying that Russia has installed multiple rocket launchers at the Zaporizhzhia nuclear power plant, apparently trying to use it as a base to fire on Ukrainian territory, which not only violates all rules around nuclear safety, but is trying to use the plant as a shield from retaliation.

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QP: A rare ejection from the Chamber

The prime minster was present for the first time in over a week, and unusually, none of the other leaders were present. Jasraj Hallan led off, and accused the government’s deficit spending of “forcing” the Bank of Canada to raise interest rates, which is obvious nonsense to anyone who pays a modicum of attention. Hallan accused that spending of hiring Canadians, complained about the carbon price, and demanded it be scrapped. Justin Trudeau said that the Conservatives were consistent in opposing the government being there for Canadians, listing measures they voted against, while the government would continue to be there for people while being fiscally responsible. Hallan accused Trudeau of sitting in an ivory tower, spending money, and driving inflation, and insisted he was the “architect” of sending children to food banks. (Honestly, who is writing this material?) Hallan concluded by wondering when the prime minister would understand that Canadians can’t afford any more of his “failures.” Trudeau pointed out that Conservatives complain the government doesn’t help people and then oppose their measures to help people, whether it’s dental care, rental supports, or child care. Tracy Gray took over to complain that people can’t afford to heat their homes, blaming the prime minister on “tripling down” on carbon prices. Trudeau said that he has heard that people are facing difficult times, which is why they are there with supports in spite of Conservative opposition. Richard Martel took over in French to decry the interest rate increase, and he too blamed the government for inflation and carbon prices. Trudeau recite that while they are concerned about the rising cost of living, they are doing something about it unlike the Conservatives. Martel said it was “ironic” that the government says they understand concerns while they gave benefit cheques to dead people, before he demanded the cancellation of carbon prices. Trudeau said it was incredible to see Conservatives attack and make fun of benefits that helped Canadians during the height of the pandemic.

Alain Therrien led for the Bloc, and raised the RCMP contract for the company with Chinese ties, wondering how the prime minister could explain the lack of checks on this bid. Trudeau noted that they were concerned by the contract and that they would ensure that national security interests were not jeopardised. Therrien wondered why they didn’t consult with the CSE on this procurement, and Trudeau reiterated that they are looking into the contract.

Alexandre Boulerice rose for the NDP, and he shouted that they prime minister was absent on the file with the crisis in children’s hospitals. Trudeau took a script to read the measures that have taken around procuring medications and transfers. Don Davies read the same condemnation in English, demanding the prime minster sit down with premiers to solve the crisis. Trudeau insisted that they were increasing transfers and that they would be there to ensure there were significant improvements. 

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Roundup: The Auditor General is not infallible

I have to say that I am both amused and irritated by the number of stories out over the past couple of days about the Conservatives supposedly “defending” the Auditor General, or that there is a “battle brewing” between the AG and the Canada Revenue Agency because they didn’t agree with her calculations around some of the benefits or whom she believed were receiving them on a fraudulent basis. For one, the Conservatives didn’t come to her defence—it was a bit of cheap theatre for them to suddenly start screaming that the government somehow attacked her independence and therefore “democracy itself” (no, seriously, they said that) because the revenue minister said that the CRA didn’t agree with her calculations, and then cheekily added that it wasn’t her fault because the opposition was forcing her to do the audit (which is partially true—it was the compromise that they insisted on to pass the emergency COVID legislation back at the start of the pandemic, so the mandate was legislated, but because they demanded it).

My bigger problem is the fact that this disagreement is somehow scandalising because we have an unhealthy veneration of Officers of Parliament and the Auditor General most especially in this country. A virtual cult has been built around them, particularly by media, who love nothing more than watching the AG go to town on criticising the government of the day, no matter which stripe of government it is, and they will uncritically believe absolutely everything the AG says because they are independent, and therefore must be inherently credible. There are similar problems with this lack of critical engagement with the Parliamentary Budget Officer (and the current one has been a real problem around that, as he picks methodologies out of thin air), and again, his word is gospel. But they’re not infallible. The previous AG ballsed up the Senate audit really badly, and it was an absolute mess, but nobody wanted to talk about it because you can’t badmouth the Auditor General. It’s like a cardinal sin in this city. And departments should be allowed to have disagreements, because the AG isn’t going to get it right every time. That’s just a physical impossibility, and we should acknowledge that fact, but as we see, when it happens, it’s like heresy. People need to grow up, and media needs to be more critical of these Officers, because media is the only check they have.

Ukraine Dispatch, Day 288:

Kyiv’s mayor is warning people that while there is no need to evacuate at present, it could become necessary if Russian strikes continue on critical infrastructure over the winter. There are some concerns around movements inside of Belarus, but it is also suspected this may be a decoy and an information operation to keep Ukrainian troops near that border rather than at the front lines. Elsewhere, here is the harrowing tale of a Ukrainian father who was separated from his children by Russians while trying to flee Mariupol, and his ordeal in getting them back from Russian hands.

https://twitter.com/ukraine_world/status/1600404008463523841

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QP: “Bludgeoning” the Auditor General

The prime minister was still in Montreal at the COP15 biodiversity conference, and his deputy was in town but elsewhere, while only some of the other leaders were present today. Pierre Poilievre led off in French, and he decried the interest rate hike from the Bank of Canada, but blamed “inflationary deficits” from the government as the cause, which is not actually true, no matter the misquote that Poilievre attributed to the Bank Governor, and told the government to stop spending. Randy Boissonnault responded that the Bank is independent, that Canadians are living through difficult times, and he rejected the notion that their investments caused inflation, quoting the former Bank Governor, Stephen Poloz, that the investments stopped deflation, and then implored them to support Bill C-32. Poilievre switched to English to repeat the same misleading concerns before quoting a single mother from a news story, saying that she listened to the government’s assurances that interest would be low for long. Boissonnault responded that Poilievre shouldn’t talk about advice given that he told people to invest in crypto, before he listed measures the government has taken to help people. Poilievre then changed topics, and raised objections from the Liberal MP for Yukon to the firearms legislation as currently envisioned and needled the government about it. Marco Mendicino gave a fairly standard response about not targeting hunters and farmers and that the bill gives resources to police and border agencies. Poilievre switched back to French, to raise the story of the RCMP getting a contract linked to someone under criminal suspicion for espionage in the United States, and whose parent company is in China. Helena Jaczek noted that they are studying the issue, but the company did meet their needs, so they are ensuring that they are protecting national security. Poilievre returned to English to accuse the answer of being “encrypted in bureaucratese” before repeating the question, and Mendicino noted that there is a rigorous process for contracts and they are scrutinising the process run by independent civil servants, and then raised the independent panels observing the last two elections to point out that they took actions but the Conservatives did not.

Alain Therrien led for the Bloc, and gave an analogy about dangerous driving as a way of demanding the federal government increase health transfers to provinces. Mark Holland stood up to offer bland assurances that they are continuing to invest in the system. Therrien insisted there was no cooperation, and demanded increased transfers. Carolyn Bennett insisted they were working with the provinces to ensure there was not only funding but a national vision on healthcare, and listed the transfers sent to provinces.

Jagmeet Singh rose for the NDP, and decried the interest rate hike, and demanded the prime minister find a way to tackle inflation without hurting workers. Boissonnault reminded him that the Bank of Canada is independent and the government is doing their job of keeping fiscal firepower for when they need it and listed actions they have taken. Singh switched to French to worry about consumer debts and repeated his same demand, Boissonnault repeated his same answer.

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