Tag Archives: Charter

Roundup: The 44th Charter anniversary

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Yesterday was the 44th anniversary of the Charter of Rights and Freedoms, and it comes at a time when the Charter is increasingly under attack by provincial governments who have realised that the prohibition against using the Notwithstanding Clause has worn off, and that the public no longer cares about it—at least not enough to actually punish a government that does it, mostly because it’s right-wing governments using the Clause to punish minorities, and there isn’t enough political will to care about trans and gender diverse youth, or the rights of visible minorities in Quebec.

While everyone waits for the Supreme Court of Canada’s decision in the Law 21 case out of Quebec, there is some using about ways that the federal government could try and introduce some kinds of guardrails against its use federally, but that immediately had the Bloc Québécois howling, and the brand new Quebec premier striking a combative tone, until she got reassurances from Carney and a text message apology from the federal justice minister, which strikes me as far too much appeasement. And then you have people calling for the constitutional power of disallowance if a province invokes the Clause, but that’s extremely dangerous. Disallowance is a constitutional dead letter—it existed mostly as a way of ensuring provinces would stay within their constitutional lanes, and that function has been taken up by the Supreme Court of Canada’s reference function. Disallowance would essentially be a declaration of war, which is a very bad thing for any federal government.

So, what can we do about provinces who abuse the power? The same way you effect any political change—you organize, and you protest, and you get out the vote. But that’s hard, and people don’t want to do that, even though that’s the way politics works. There is no easy way to curb the abuse of these powers other than the public letting it be known that it’s unacceptable, and that’s hard work. But it’s the only way to ensure that you not only get change, but that said change is actually durable. Make premiers afraid of you. It’s the only way we’re going to fix what’s wrong with this country.

— Effin' Birds (@effinbirds.com) 2026-04-17T13:13:12.555Z

Ukraine Dispatch

Russian drones hit the Danube port of Izmail once again, and at least one drone strayed into Romanian territory as a result. Ukrainian drones made hits at oil facilities in the Black Sea port of Tuapse and Krasnodar.

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Roundup: Parliament returns, fall 2025 edition

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Today is the day that the children are back in Parliament, and I wonder about just what horrors await us. Pierre Poilievre will take his seat just before the start of Question Period, where prime minister Mark Carney will be in attendance, and it will be their first face-off since the election debates, not that those debates have anything in common with QP. I have little doubt that there will be no taking of high roads, that Poilievre will denounce the Major Projects Office, the choice of those five projects, the lack of a pipeline amongst them (even though there is no project proposal on anyone’s table), and the usual bluster about crime rates and housing that doesn’t miraculously get built with the snap of a finger. Oh, and of course, the fact that there is no trade deal with Trump (even though there is no deal to be had).

The PM will be at Question Period tomorrow. #cdnpoli

— Dale Smith (@journodale.bsky.social) 2025-09-15T00:00:30.816Z

I fully expect Carney and the Liberals to pat themselves on the back for the Office being launched and those five projects being chose, and for the Build Canada Homes launch, and the summer spent trying to find savings in government departments in advance of the budget. They’ll pat themselves on the back for the legislation they passed before the summer, and for the bills they are introducing, and generally for what a good job they think they’re doing. And sure, they’ll say that there’s more work to be done, but it will nevertheless be couched in a whole lot of self-congratulations. Count on it.

Meanwhile, we’re waiting on that budget in October, but there are still a lot of bad bills on the Order Paper. The Border bill is a mass of privacy violations and data-sharing with American authorities who can’t be trusted, to say nothing about the loss of due process for refugee claimants. The cyber-security bill has a great many problems with it that should have been corrected but weren’t. We’re going to get a bail bill that is likely going to start infringing on Charter rights, to be paired with more legislation on “bubble zones” around churches and cultural community centres. And they’re running out of time on passing bills about citizenship for “lost Canadians” and for those unfairly excluded from Indian Act status, so they need to get a move on those too. There is a lot that needs to get accomplished this fall, and we’ll see how much of it actually happens, or if the Bloc will side with the Conservatives at committee and grind everything to a halt once again.

Ukraine Dispatch

President Zelenskyy says that Ukrainian forces have pushed the Russian advance back further in Sumy region, and that they have caused significant losses to Russian forces in Donetsk and Kharkiv regions. Ukrainian drones have also struck the Kirishi oil refinery.

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Roundup: More proof the carbon levy didn’t raise food prices

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Pierre Poilievre is at it again, railing about food price inflation, but lo, he can no longer blame it on the carbon levy because that was never actually the problem or the cause of food price inflation, but he certainly vilified it, and Mark Carney capitulated and allowed Poilievre’s vilification to work. Poilievre is now blaming government spending on food price inflation, which is hilariously wrong, but Carney has also capitulated to that as well and is ushering in a new wave of austerity, because why actually explain things when you can just surrender to the bullshit?

Meanwhile, here’s Andrew Leach walking you through why it wasn’t the carbon levy and never was the carbon levy.

Ukraine Dispatch

Russians broke through the front lines near Dobropillia, but were quickly contained (but it’s a poor narrative for the upcoming Trump-Putin talks). Ukraine has also been regaining territory in Sumy region. President Zelenskyy says that Russia wants the remaining 30 percent of Donetsk region for a ceasefire, which they won’t give him.

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Roundup: Lower-tier leadership candidates

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It is now on or about day fifty-five of Russia’s invasion of Ukraine, and it looks like the fighting in the eastern part of the country, around the Donbas region, has intensified as has been signalled for a couple of weeks now. At the same time, more missile attacks have hit western cities in the country like Lviv, which has mostly been out of the fighting, so that is keeping everyone on edge, particularly given that Lviv is hosting a lot of the people who have fled from other parts of the country.

Other news from Ukraine over the long weekend:

  • Thus far, the invasion has damaged about 30 percent of the country’s infrastructure, at a cost of about $100 billion.
  • There were further attacks on Kyiv over the weekend, possibly in retaliation for the sinking of the Moskva
  • Ukrainian fighters in Mariupol are defying Russia’s surrender-or-die orders
  • Here is a look at the situation LGBTQ+ Ukrainians find themselves in during the war.

Closer to home, Power & Politics interviewed Conservative leadership candidate Roman Baber yesterday, and it was…painful. He is not a serious person. At all. He kept speaking in facile talking points about “restoring democracy,” as though we didn’t just have free and fair elections, based on his nonsense reading of public health restrictions and what happened during the Ottawa occupation, with a dose of facile catch-phrases about “cancel culture.” And, bless her, Vassy Kapelos did gently try to push back against some of what he said, but wow. I would be very surprised if he manages to get his $300,000 in fundraising and all of his signatures to become a verified contestant because he offers nothing original, and even if this about trying to rebuild his profile after being booted from the caucus provincially, it’s a very difficult way to go about it, with not much in the way of reward.

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Roundup: Chalk up another Conservative disinformation campaign

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We’re now on or about day fifty-one of Russia’s invasion of Ukraine, and has been confirmed that Russia’s Black Sea flagship, the Moskva, has sunk, which is a huge loss for Russia (particularly as Turkey is blockading the entrance to the Black Sea to military vessels, so there will be no replacement for it anytime soon), and it will no longer be able to support Russian ground forces, or to shell cities from afar. In the meantime, president Volodymyr Zelenskyy continues to show that he is a master communicator for his country and his cause.

https://twitter.com/ZelenskyyUa/status/1514681561412780035

Closer to home, yet another pernicious bit of disinformation has started circulating, courtesy of the Canadian Taxpayers’ Federation, who read the Emissions Reduction Plan (which was prepared by an arm’s-length advisory panel), found a reference to a proposal to add a surtax to certain kinds of gas-guzzling vehicles, and then wrote an op-ed in the Toronto Sun that declared this was the government’s plan. Jason Kenney picked up on this and decried it, as has the Conservative Party writ-large and several of its leadership contenders. Of course, there are no actual plans for such a tax, but why does the truth matter? This was the tactic they’ve been using on the supposed plans for a capital gains tax on primary residents, which doesn’t exist and never will exist (even if it’s actually decent public policy). This also compounds with the selective quotes they’ve been using from the Parliamentary Budget Officer’s recent report on carbon pricing, which has been torqued into more disinformation.

There’s so much disinformation and lies floating about, as though there weren’t enough actual things that you could absolutely excoriate this government for, and yet they resort to fiction. Utterly boggling.

Programming Note: I will be taking a long weekend off from the blog, because I am exhausted after the past few weeks. See you Tuesday!

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Roundup: Uploading their environmental liabilities

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For his Friday presser, prime minister Justin Trudeau was again laden with a myriad of announcements that he needed to unburden himself of. First it was the announcement that 125 medically-trained personnel from the Canadian Forces would be headed to Quebec to assist with their situation in long-term care facilities, with more assistance to come from the Canadian Red Cross and the banks of volunteers assembled by Health Canada and within the province itself. From there, it was that the government would spend $1.72 billion to remediate orphan wells in Alberta, BC and Saskatchewan, and more money for oil companies – particularly in Newfoundland and Labrador – to deal with their methane emissions. And then, it was money to help artists, athletes, and entrepreneurs. And finally, it was remarking that it was the anniversary of the Canadian Charter of Rights and Freedoms. And if you’ve caught your breath, during the Q&A, there was discussion about Parliament meeting in person one a week (the Conservatives want four times a week), that Finance Canada is looking at some kind of financial aid for provinces who can’t get access to cheap credit.

During the ministerial briefing afterward, there it was made clearer that there was going to be more money for regional development agencies so that they can help out local companies when they have difficulty getting commercial loans to bridge them through this period. Navdeep Bains said that they are still looking into technological solutions for contact tracing (and the Privacy Commissioner has issued guidelines if that is the case). Oh, and Canada Day is going to be virtual (which saves them from having to deal with not having access to Parliament Hill anyway because of construction).

But back to the energy sector. I find myself annoyed that the federal government has opted to go the route of paying billions of dollars to remediate these orphan wells because it means the sector – and the province itself, who set the deficient regulations that allowed the situation to spiral out of control – have successfully managed to upload those environmental liabilities to federal taxpayers. And I get that Trudeau has a political incentive to both be seen to be helping Alberta, and to patting himself on the back that this is an environmental measure, but it’s deeply frustrating because it’s only a little over a year ago when the Supreme Court of Canada ruled that companies, and in particular trustees in bankruptcy, can’t just offload these liabilities to the government to salvage the assets. (This, as the sector says that the measures aren’t good enough because it’s not targeted to their liquidity issues, and their boosters keep calling for a freeze to carbon pricing and environmental regulations, because of course they are.)

The province has made a lot of money by punting its environmental liabilities to the future. They didn’t properly ensure that these wells had securitized their remediation, because making companies pay upfront would hurt investment. And in the oilsands, they just trusted that the tailings ponds would act like regular mining tailings, and when they didn’t, they kept expanding and hoping that someone in the future would figure the problem out, and now they’ve got a giant problem on their hands, but hey, they needed to ensure the money flowed fast and immediately, which they then didn’t properly tax or charge sufficient royalties on, and now that the bill has come due, they’ve successfully ducked it and made sure the federal government pay it for them – all while shouting that they’ve paid for everyone else all this time so now we owe them (not true, and not how equalization works). Add to that, you have people like Elizabeth May saying that she opposed oil and gas subsidies but supports this kind of orphan well remediation in spite of the fact that it’s a giant subsidy, I can barely even. I’m an Albertan – I get that the sector is hurting, and yes, it’s hurt my own family, but I also get that it’s now a structural problem and that the boom days are never coming back because nobody has a time machine and can go back to stop the development of shale oil. Demanding the federal government bail them out – particularly after the province chose to put themselves in their current fiscal situation by refusing to properly tax their own wealthy and ensure a reasonable consumption tax because they instead chose to spend their oil resource revenues – just feels a bit rich.

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Roundup: Shelters and masks

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Because it was a Saturday presser, prime minister Justin Trudeau appeared in jeans and without a tie, belying the more casual nature of the day at a time when days blend into one another. He had a couple of messages – that the government had invested another $40 million in shelters for women facing domestic violence (a particular consideration at a time when people are forced to stay home), and another $10 million for Indigenous women facing violence. He also pointed to $157 million in funds for the homeless, and that the communities where these funds were needed have been identified so funds were now flowing. On the subject of masks and medical devices, Trudeau stated that millions of more masks were expected in the next 48 hours (from the time of said announcement), and that the government had leased a warehouse in China to help coordinate the acquisition of these masks and supplies while they charter flights to carry them to Canada. Trudeau also noted that he would be speaking to his American counterpart in the coming days about the issue of masks and so on.

For her own presser, Dr. Theresa Tam reiterated yet again that these models that reporters keep demanding are not crystal balls, that they are not real numbers, that they aren’t predictions, and that they are highly sensitive to what is happening right now. But that hasn’t stopped the framing by reporters that these are hard data, and that they are indicative of anything in particular. And while here is an attempt to nuance the models Ontario released on Friday, but it’s one print article when TV reporters and headlines are framing it as disaster porn (and getting self-righteous about it).

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Roundup: Anger over vilified legislation? Shocking!

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Over on the Financial Post’s op-ed pages, Senator Richard Neufeld worries about all of the angry Canadians the Senate’s energy committee is hearing from over Bill C-69. I have no doubt that they are hearing from angry people, because there has been a massive disinformation campaign around this bill from the start. The Conservatives and their provincial counterparts in Alberta have dubbed it the “no more pipelines” bill, even though it’s nothing of the sort. Neufeld worries that the bill means that we can never have any more major projects in this country, which is absurd on the face of it, but hey, there are narratives to uphold.

I’ve talked to a lot of environmental lawyers about this bill, and the potential amendments that it could merit. It is certainly not a bill without flaws, and the government seems to have acknowledged that (and apparently there is some kind of gamesmanship being played right now, where the government has a list of amendments they want to introduce at the Senate committee via one of their proxies but they won’t release them ahead of time for some reason). This having been said, there seems to be no acknowledgment of a few realities – that the current system that the Harper government put into place isn’t working and has only wound up with litigation; that we simply can’t bully through projects past Indigenous communities anymore, because Section 35 rights mean something; and that the bill sought to eliminate a lot of heavy lifting by putting more consultation on the front end so that projects could be better scoped, and that it would mean not needing to produce boxes of documents that nobody ever reads in order to check boxes off of lists as part of the assessment process. This is not a bad thing.

But like I said, there are problems with the bill, and Neufeld lists a few of them in passing while trading in more of the myths and disinformation around it. But so long as that disinformation campaign goes unchallenged – and this includes by ministers who can only speak in talking points and can’t communicate their way out of a wet paper bag because they’re too assured of their own virtues that they don’t feel the need to dismantle a campaign of lies – then the anger will carry on, and when this bill passes in some amended form (and it’s likely it will), then it will simply become another propaganda tool, which should be concerning to everyone – including those who are weaponizing it, because it will blow up in their faces.

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Roundup: Harper unhappy with NAFTA talks

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Stephen Harper has apparently written an angry memo to his clients about the governmetn’s handling of the NAFTA negotiations, accusing them of bungling them by not evaluating American demands seriously (err, you have seen how many of their demands are literal impossibilities, right?) and of ignoring a softwood deal (which officials say was never on the table), and of aligning themselves too much with Mexico when they were the targets of America’s ire. Canadian officials are none too pleased, and consider it a gift to the Trump administration.

Alex Panetta, the Canadian Press reporter who broke the story, has more commentary below.

Paul Wells offered a few thoughts of his own on the news.

https://twitter.com/inklesspw/status/924052193673543680

https://twitter.com/InklessPW/status/924052610776055808

Incidentally, the PM has also vocally disagreed with former Conservative minister James Moore’s assertion that trade talks with China are hurting our talks with the Americans.

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Roundup: Say no to a Charter Rights Officer

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The Canadian Civil Liberties Association is leading a push for the creation of an independent Charter Rights Officer for Parliament, and that sound you hear is my head hitting my desk over and over again. Because no. We don’t need yet another officer of parliament. We really, really don’t.

What we need is for MPs – particularly the opposition – to stand up and actually do their jobs, rather than fobbing off their homework onto yet another officer, who is accountable to nobody, whose reports they can then wield like some kind of a cudgel while not actually fulfilling their own responsibilities as parliamentarians (which, I will remind you once again, is to hold the government to account). The proliferation of officers of parliament has so diminished the capacity of the opposition to do their gods damned jobs in this country that it’s embarrassing, and since the inception of the Parliamentary Budget Office, it’s only become so much more egregious because now they can ignore the Estimates cycle entirely (despite controlling the public purse being the inherent definition of what MPs are supposed to do, and how they hold governments to account).

Oh, but it’s hard! Oh, but why not cede this to subject matter experts like lawyers and judges? Oh, why don’t we just start pre-referring all bills to the Supreme Court of Canada while we’re at it and turn the dialogue between the Court and Parliament into a game of “Mother May I?” Honestly, would it kill MPs to actually debate policy, which Charter compliance is a big part of? Parliament has responsibilities to fulfil. Why don’t we actually make them do their jobs rather than finding yet another excuse for them to avoid doing it?

https://twitter.com/emmmacfarlane/status/780387082682458112

https://twitter.com/EmmMacfarlane/status/780387432789401600

https://twitter.com/EmmMacfarlane/status/780396554620469249

https://twitter.com/EmmMacfarlane/status/780400062300090368

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