Roundup: Asking for declaratory powers, not limits

There is a bunch of confusion and/or bad faith arguing going on around just what the federal government said in their factum to the upcoming Supreme Court of Canada hearing on the challenge of Quebec’s Law 21, which they claim is “state secularism” but is really just wholesale discrimination and racism. The reporting hasn’t been great—in fact, the National Post’s is downright misleading—because they keep describing this like it’s a reference question to the Court, which it isn’t, but rather, the argument that they’re putting forward during the existing challenge, and something that they feel the Court should address (which is how factums tend to work).

What their argument consists of is that the Court should be able to declare when a law that is protected by the Notwithstanding Clause is actually unconstitutional. They can’t strike it down, but they can weigh in and say “Yeah, this contravenes Charter rights.” They also want the Courts to be able to do this when something has been ongoing in its use of the Clause (which only lasts for five years before it needs to be renewed in legislation), and to rule on whether it may result in the “irreparable impairment” of rights, because they argue that repeated use of the Clause amounts to “indirectly amending the Constitution.” This is also not coming out of nowhere—the Saskatchewan Court of Appeal just recently ruled that they have this right when it comes to the challenge around the province’s attack on trans youth, saying that invoking the Clause should not be the last word.

Why is this important? Because the point of the five-year time-limit on the Clause is that it allows that government to be voted out before it can be renewed. Having the courts weigh in and say “Yeah, this is discrimination,” even if they can’t strike down the law, is powerful information for voters to have. And it’s absolutely democratic. But you have conservative thinkers who are trying to say that this will cause a “constitutional crisis,” or a national unity crisis if it offends Quebec or Alberta, is frankly absurd. It’s trying to give cover for attacks on minority rights and abuse of the Clause, and they should be honest about those intentions rather than trying to sow confusion and undermining the Court.

Ukraine Dispatch

An overnight Russian attack on the Kirovohrad region has partially cut power and disrupted railway operations. A top Russian commander claims they are advancing on all fronts, in contravention to Ukrainian reports. Ukraine’s anti-corruption agencies say they need more resources to crack down on the “shadow economy.”

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Roundup: Meeting some “senior officials”

It was a big day of meetings in Washington—Dominic LeBlanc was there to meet with senior officials to try and talk them out of a trade war, while all of the premiers went down as a pack for the first time, and had their own meetings as well. And then word came down that they got a meeting with the White House, and cancelled the rest of their engagements for the day to hurry over. So just who did they meet with? The deputy chief of staff, and the head of personnel. And after their respectful meeting, said deputy chief of staff sent out a trolling tweet.

This while Danielle Smith insists that “diplomacy is working!” Sure it is. It’s working so well that you got a meeting with the head of White House personnel, and afterwords, they laughed at you on social media and continued making annexation threats and saying to take Trump seriously about it. How exactly does that show that it’s “working”? Yes, you got a thirty-day reprieve for him to keep moving goal posts in order to keep extracting more concessions, while everyone just shrugs and says “He’s a deal-maker.” Have some self-respect.

Ukraine Dispatch

A pre-dawn ballistic missile salvo killed one person in Kyiv. A report suggests that Russia has been able to withstandheavy battlefield losses because of a larger population and newer equipment, but their advantages in terms population and Cole War stockpiles are going to continue degrading over time.

Trump turned his attention to the invasion of Ukraine, and after his defence secretary said that Ukraine can’t expect their proper borders to be restored or NATO membership, Trump himself started talking about Ukraine handing over critical minerals for this bad deal of surrendered land (and people) along with no security guarantees. None of this is good.

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Roundup: Ministers don’t control committees

In a bid to try and extend the Status of Women committee imbroglio story for another day, The Canadian Press tried to draw the Minister for Gender Equality and Youth, Marci Ien, into the fray to comment on what happened. Ien, who isn’t an idiot, refused, which was the right thing to do. Why? Because as a minister, she has no authority over committees, nor should she, because that’s how Parliament works.

Parliament exists to hold the government, meaning Cabinet, to account. Committees are tasked with holding ministers to account over specific subject matter areas, which is one of the reasons why ministers must come before their respective committees as part of the Estimates cycle (because one of the primary means by which Parliament holds the government to account is by controlling the public purse). Hence, the Status of Women committee is tasked with holding Ien to account for her department, and in fact, they should be doing a whole lot more of that accountability work because frankly, this government’s record on doing gender-based-analysis-plus (GBA+) is actually terrible, and most of the time consists of them just saying “GBA+” and not actually doing the work. A functioning committee would be addressing this, and even though Anita Vandenbeld wrote in her op-ed this week that the committee was functional and worked by consensus, this is a major issue that they have not been tackling like they should, not that this is a surprise. It is absolutely not Ien’s place to comment on what happened at that committee, and it would in fact be a major breach of decorum if she did.

It shouldn’t surprise me that a reporter couldn’t make this distinction for herself before writing the story, but honestly, this is basic parliamentarianism. It should be embarrassing for them to even make this basic error and not understanding the roles between ministers and committees, but this is also the state of political journalism, where actual knowledge of the system has become a rarity among those who are supposed to cover it.

Ukraine Dispatch

A Russian guided bomb killed two when it hit a schoolyard in the Sumy region. Ukrainian forces have confirmed that they have breached Russia’s Kursk region, sending Russians into disarray and panic, and have launched a massive drone attack further into Russia. President Volodymyr Zelenskyy calls this proof of Ukraine’s ability to surprise on the battlefield.

https://twitter.com/TheStudyofWar/status/1821336708916347359

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Roundup: Five sitting weeks remain

The final five weeks of the spring sitting of the House of Commons begins today, and it’s going to be raucous, and ugly, and exhausting. The government has  a tonne of bills they need to pass, starting with the implementation for the fall economic statement (no, seriously, it still hasn’t passed), pharmacare, the bill to ban replacement workers, the online harms bill, and maybe the foreign-agent registry, before we even get to the budget implementation bill. It’s a lot, and it will depend on the cooperation of the NDP (and possibly the Bloc) to come to agreements on time allocation for those bills, because the Conservatives will do everything they can to slow them up.

In the middle of this will be the Conservatives continued use of committees for dog-and-pony shows about ArriveCan, the Winnipeg Lab documents, or any other particular witch-hunts the Conservatives want to pursue, and on most of these committees, the NDP and Bloc are game to play along, because they are still keen to embarrass the government at every opportunity, whether the subject is within the remit of that committee or not. Because that’s what Parliament is these days—a content factory for social media.

The lever that the government has is the ability to call midnight sittings, and why that matters is because we have a shortage of interpreters, which means they can’t cover both the midnight sittings and all of the committee meetings, so the Conservatives will need to start making choices—do they want to talk bills to death in the House of Commons, or do they want to hold their committee dog-and-pony shows? This is what things are going to boil down to, so we’ll see how well Steve MacKinnon can wield this power.

Ukraine Dispatch:

Ukrainian forces still control about 60 percent of the village of Vovchansk, near Kharkiv, with the fighting being describe as being house-to-house. Ukrainian forces downed all 29 Russian drones launched on Monday night, and all 37 drones launched on Sunday night. At least eleven civilians have been killed in the outskirts of Kharkiv as Russians continue their advance, shelling civilian targets along the way. President Volodymyr Zelenskyy did an interview with Reuters, in which he called out the Americans in particular for being a year late with their assistance, especially around air defences.

https://twitter.com/zelenskyyua/status/1792157706737868830

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Roundup: Wildfire evacuations have begun

It’s absolutely insane to think that it’s not even Victoria Day, and we are in the middle of evacuations in northern communities because of wildfires. Several neighbourhoods in Fort McMurray, Alberta, have been evacuated—all neighbourhoods that were decimated by the fires in 2016. Fort Nelson, BC, has been evacuated, as has Cranberry Portage, Manitoba, while the premier toured the area.

Meanwhile in BC, a former forestry minister has co-authored a report calling for better integrated government management of these fires in the province, but also points to things like the plans for Indigenous communities to do controlled burns as they used to have not reached levels that would be meaningful, nor have “broadcast burns” from forestry companies, and recommendations for how forestry can better leave sites less susceptible to fire are not being implemented. One has to wonder what the delay is considering how much worse wildfire season gets every year.

Amidst all of this, we still see certain political parties steadfastly refuse to believe this is the result of climate change, and will instead say things like “the carbon price didn’t prevent a single fire” as though that’s how the price is designed to operate, or you have them spreading the conspiracy theories that agents of the prime minister have been setting these fires, because reasons. It’s not good.

Ukraine Dispatch:

Ukraine’s forces have pulled back in two new positions near Kharkiv as the Russians advance. Russians conducted air strikes on residential areas of Kharkiv. There is speculation that the move on Kharkiv is merely a ploy to pull forces from elsewhere on the front lines, as they have more of an interest in solidifying their gains in Donetsk. AP spent some time with a drone unit in the region, working to slow the Russian advance.

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Roundup: An incompetent vaccine rollout

In case you were under any illusion that the Ford government had somehow managed to get past their murderclown-level incompetence as the we’ve moved into the “ignore and hope it goes away” phase of the pandemic, well they haven’t. And the rollout of the latest round of COVID vaccines has proved this yet again as they have mishandled this spectacularly badly. Below is a thread from a Toronto-area pharmacist who is recounting that the Ford government had botched this so badly that they have to stop offering the vaccines. This is very, very bad, but like we’ve established, murderclown-level incompetence from the Ford government from top to bottom.

https://twitter.com/KyroMaseh/status/1722088649611776456

Way to go, Uncle Doug. Still managing to kill people after all this time.

Ukraine Dispatch:

Ukrainian forces continue to hold off Russian advances at Avdiivka, while Russians have started attacking energy systems again in advance of winter. President Volodymyr Zelenskyy says that they can still deliver battlefield results before the year is out. He also pledged that they can ensure that reconstruction is free of corruption. Ukraine, Moldova and Georgia were told they are advancing in their desire to join the European Union, while Balkan states are being moved to the back of the queue. Russian state media claims they are using Ukrainian POWs as soldiers for their side, but it’s hard to take the claim seriously.

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Roundup: More apologies for past honours

In the wake of the black eye that Canada collectively received after former Speaker Anthony Rota’s embarrassing blunder in recognising the Nazi-aligned veteran in the House of Commons, there has been some more soul-searching institutions around similar figures that that particular veteran. The University of Alberta returned a donation from said veteran to be used for their Ukrainian Studies programme, but more problematic for the institution was their former chancellor, Peter Savaryn, who was in the same Waffen-SS Galacia Division unit, and now Rideau Hall has apologised because Savaryn had also been granted the Order of Canada back in 1987, citing limited information sources at the time.

This has led Jewish groups in particular to call for the government to open up the archives related to the Deschene Commission, which looked at potential war criminals who resettled in Canada after the war, but a great many of their findings were redacted and kept secret. Prime Minister Justin Trudeau says that senior bureaucrats are reviewing the Commission report, and considering making more of it public. But this is also being used as a political wedge. Conservative deputy leader Melissa Lantsman is demanding the government take action on this, but meanwhile, one of her own MPs, Gérard Deltell, was saying in the media that he doesn’t think they need to revisit this history, that the past should remain the past.

But this isn’t necessarily a black-and-white issue, particularly for some Ukrainian communities in this country because they saw those people as nationalists who were using any means necessary to fight the Russians, who had already invaded and subjected them to a genocide—the Holodomor—and one suspects that Cold War considerations meant that it was in our interests to focus on the anti-Soviet aspect of their records during that period. But there are also a number of monuments to those Waffen-SS Galacia Division units across this country, particularly in private Ukrainian cemeteries, because of that complicated history, and it’s something we should have a national conversation and perhaps reckoning about sooner rather than later. But we need to be aware that this is fraught territory, and will be difficult for some.

Ukraine Dispatch:

Ukraine has carried out a drone strike on a Russian defence complex over the border in the Belgorod region, which is a rare admission of such an attack. This as Russians are claiming that they shot down a major Ukrainian drone offensive on their border regions. Meanwhile, the IMF says that Ukraine’s economy is expected to keep growing next year.

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Roundup: A cut or not a cut of the defence budget?

Yesterday morning, the CBC had a story about the department of national defence looking to cut $1 billion from its books as part of the government’s ongoing spending review, and people lost their gods damned minds, both in Canada and in some international venues. The story was based on comments that were made at committee by the chief of defence staff and the deputy minister, and they talked about how it was going to be challenging to meet these reductions while worrying about capabilities. This was a bit of a surprise, because Anita Anand had previous said that defence was going to be exempt from her cost-cutting demands, but the comments from General Eyre and the deputy minister sounded like DND volunteered to do their share (which I always treat with suspicion—the previous Auditor General made his own pledge to do his part to make cuts as part of the Deficit Reduction Action Plan™, and lo, wound up delaying badly overdue IT upgrades that his successor needed to beg Parliament for more resources to deal with). And because this is not my first rodeo, I immediately presumed that what this likely means is the accounting game of shifting certain spending into future years or re-profiling some committed dollars that they can’t spend (because they simply don’t have the capacity to spend their current allocation), but a whole lot of people who should know better freaked all the way out.

This came up in Question Period, and Bill Blair was present, but he didn’t really answer the question—he took a swipe at the Conservatives for their record of cutting defence spending to below 1 percent of GDP (indeed, here’s a look back in history of Harper complaining to Peter MacKay that he didn’t cut the military enough) and then read some bland pabulum that didn’t even approach answering the question—because that’s what this government does. It wasn’t until nearly 4 PM that Blair posted a thread to Twitter about how they were still increasing the defence budget, and these $1 billion in savings were internal measures like cutting back on travel and consultants, but noted the spending commitments they’ve made like NORAD modernisation, and ships and planes, and so on.

It absolutely mystifies me as to how this message-obsessed government took almost eight hours to craft a response to this news story that when they could have shut down the hysterical reaction to it in mere minutes had they simply sent out a similar tweet first thing in the morning. There is nothing in there to demonstrate why it took eight hours. They could also have had Blair give a reasonable response during QP that would have simply said “This reporting is exaggerated, we are looking for some efficiencies, but overall defence spending is still increasing,” and it would have defused everything. But they didn’t, either because they’re inept, or it takes them that many hours to get sign-off from Katie Telford’s office, which is a sad sign about where this government is at. But nearly eight hours for this kind of response to the story is unacceptable, and it’s a real-time demonstration in why things need to change at the top with this government.

Ukraine Dispatch:

The first American Abrams tanks are being delivered in the eastern front, in the hopes they will make a difference. President Volodymyr Zelenskyy marked the 82nd anniversary of the Babyn Yar massacre by Nazi forces.

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Roundup: The temporary, temporary House of Commons

Something that caught my eye over the long weekend was a look at the “just in case” temporary, temporary House of Commons Chamber that has been assembled inside the Parliamentary ballroom in the Sir John A Macdonald Building. It seems that while maintenance is happening in the actual temporary Chamber in the West Block, and the threat of a possible recall over the BC ports issue, they decided to do some contingency planning and assemble this contingency Commons. This being said, I wouldn’t expect all MPs to attend it—a good many of them would avail themselves of the hybrid sitting rules (because they have so many things happening in their ridings *jazz hands* that they couldn’t possibly attend), with the exception of the Conservatives, because they would attend in person to prove a point. My biggest complaint is that the configuration shown in the CBC piece would have two lecterns at the end of the Chamber, rather than be arranged as despatch boxes like they do in Westminster, which would certainly be how I would have preferred it.

Meanwhile, new Government House Leader Karina Gould is taking on the perennial promise to make Question Period better, which…isn’t really her call. And, frankly, the one thing that the government could do to make it a serious exercise would be to ban talking points, pat lines and happy-clappy pabulum in favour of making ministers answer questions properly…but they won’t do that, because PMO would never allow it because it goes against the whole ethos of message control that has rotted politics but they insist on following.

So, with the greatest of respect, all of the platitudes in the world about making Question Period something Canadians can be “proud” of is empty rhetoric unless the government is committed to doing the hard work and communicating like human beings, which they absolutely won’t do. And so, our Parliament will continue to slide into a place of irredeemable unseriousness, because that’s apparently the way they like it by adhering to that ethos.

Ukraine Dispatch:

Following missiles strikes on the city of Pokrovsk, Ukrainian authorities are accusing Russians of deliberately targeting emergency workers by drawing them to the scene of a missile strike, and then targeting that scene with a second strike a short while later. Russians launched a massive air attack, largely on western Ukraine, on Sunday, purported in retaliation for a Ukrainian drone strike against a Russian tanker delivering fuel to its forces. Meanwhile, Ukrainian authorities say they prevented a Russian hack on their armed forces’ combat information system. Ukraine’s commander-in-chief says that they are putting in place the conditions to advance on the battlefield.

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Roundup: Benefits based on political rather than economic need

Alberta premier Danielle Smith paid for television airtime last night to announce that she would be making “inflation-fighting measures,” which are mostly cheques to people, but targeted payments rather than just the old model of money to everyone. Of course, where she blamed the cause of inflation is pure fiction, so that was classic Smith, and common among populist “conservative” parties these days. There were some good measures in there like re-indexing several social programmes (the decision not to index them being purely spiteful legislated poverty).

This being said, the targeting is done pretty deliberately, and it’s not entirely based on need, unless you count her political need as what she’s addressing. Money for relatively affluent seniors, and to families with children are politically motivated—seniors vote, and suburban mothers are a highly desirable demographic because women are less likely to vote conservative, and while Smith is likely to clean up in rural ridings by default (because this is Alberta), her problem are the urban ridings (and when I say urban, I really mean suburban because again, this is Alberta and its cities all have miniscule urban cores surrounded by endless suburbs). And while it wouldn’t be a political party pandering or bribing voters by ensuring that singletons get nothing, as usual, this is done with a little more intention than the usual policy objectives of appealing to families. It’s about buying the votes she needs to hang onto power in the spring, and it’s so blatantly obvious that it’s pretty insulting.

Ukraine Dispatch, Day 273:

Fighting continues near Bahkmut, and Russians accused Ukrainians of targeting power lines in Donetsk (but they also are masters of projection, so take that as you will). Meanwhile, the government has begun evacuating people from Kherson to prevent them from freezing to death over the winter, and to prevent any losses of life due to the cold. As well, Ukraine’s counter-intelligence forces searched an Orthodox Christian church in Kyiv, shortly after its priest was speaking favourably of Russia, and they wanted to ensure that there are no Russian operatives working out of the church.

https://twitter.com/KyivIndependent/status/1595260762532229121

https://twitter.com/CFOperations/status/1594799007750295552

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