Tag Archives: Constitution

Roundup: The possible constitutional crisis Ford wrought

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The fallout of Doug Ford’s pre-emptive use of the Notwithstanding Clause to bigfoot labour rights carried on yesterday on a few different fronts. In Queen’s Park, the NDP’s interim leader and half of their caucus were ejected by the Speaker for calling Doug Ford a liar over his comments about the CUPE strike, and not retracting. And when one was ejected, another one did on their turn, and so on. This is becoming a problem in legislatures and the House of Commons federally, where it becomes difficult to call out blatant falsehoods because of the prohibitions from calling someone a liar, which has absolutely emboldened parties and elected officials in their respective legislatures at different times, but it’s really bad right now.

Federally, NDP MP Matthew Green tried to call for an emergency debate on this abuse of the power, but it was not deemed worthy, and I’m at a loss as to how it could be because this isn’t a federal matter, and there is nothing the federal government can legitimately do (and don’t say Disallowance, because that is a constitutional dead letter). Later in the day, Justin Trudeau had a call with Doug Ford to tell him that his pre-emptive use of the Notwithstanding Clause was “wrong and inappropriate,” but I’m not sure what more he can do about that, other than try and encourage enough public sentiment against Ford. After all, he likes to be the fun uncle, and if enough people are mad at him, he will back down. The question is sustaining enough anger and ensuring it is widespread enough for Ford to blink.

https://twitter.com/AaronWherry/status/1587989392383148032

Meanwhile, Andrew Coyne argues that federal disallowance powers should be revived to stop provinces’ abusive pre-emptive use of the Notwithstanding clause, and it’s a position I’m going to have to give more thought to, because in a limited way there could be an argument, but it would have to be very particular. I will also note that over Twitter, there has been some chatter that there wasn’t this disallowance talk with Quebec using the Notwithstanding Clause, which is wrong—it has been there, but it is usually met with the same reply, that it’s a constitutional dead letter, and you’re provoking a constitutional crisis. But the constant abuse may have provoked that very crisis, so it’s going to need some very careful consideration as to what next steps are, and what the unintended consequences may be.

Ukraine Dispatch, Day 253:

Russia is re-joining the deal to export Ukrainian grain through the Black Sea days after it pulled out of the agreement, saying that their security concerns have been met. Ukraine has officially denied being involved in the attack on Russian ships over the weekend, but president Volodymyr Zelenskyy says that Russia seeking security guarantees from Ukraine is a sign of how badly its invasion has gone for them.

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QP: Getting shouty to build their narratives

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It being Wednesday, the benches were largely full, and the prime minister was present for his designated day to answer everything. Pierre Poilievre led off partly in French, and worried about the shortage of children’s Tylenol, and switched to English halfway through to reiterate. Justin Trudeau started talking about Health Canada taking action and there were challenges to supply chains around the world, but was shouted down and needed to reiterate his answer when it quieted down. Poilievre then moved onto his bog standard inflationary nonsense and “triple, triple, triple” ear worm, and demanded that tomorrow’s fiscal update have a spending freeze. Trudeau noted that they have supports for Canadians as the GST rebate comes out on days, and other supports are on the way. Poilievre repeated his question in French, and Trudeau noted that the Conservatives only want austerity and cuts. Poilievre returned to English to claim only he was protecting pensions from inflation, and repeated his demand to cap spending and taxes. Trudeau called Conservatives cold-hearted if they considered dental care for children to be pouring fuel on the inflationary fire. Poilievre tried to turn over the “cold-hearted” accusation with his tripling nonsense, to which Trudeau reiterated that in spite of Conservative misinformation and disinformation, the climate rebates give more back to most Canadians than they pay.

Yves-François Blanchet led for the Bloc, and he accused the federal government of starving the healthcare system (which is utter bunkum), and wanted more funding without conditions. Trudeau reminded him that Quebeckers and Canadians expect results from the system, but if systems don’t work as expected, they want to work with provinces to ensure that more money gets better results. Blanchet accused the federal government of micromanaging, and Trudeau reiterate that the systems are not working, which is why they are trying to get provinces onside to improve things for that money.

Jagmeet Singh rose for the NDP, and he attacked Doug Ford’s preemptive use of the Notwithstanding Clause, and demanded the prime minster do something about it. Trudeau denounced Ford’s actions, and called out Poilievre for not denouncing it. Singh repeated the question in French, and got the same answer.

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Roundup: Internet troll and wide-eyed naïf

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The occupation leaders started their turn to testify at the Emergencies Act committee yesterday, and it’s quite an interesting picture that they are painting of themselves. Chris Barber, for example, admits to being a racist internet troll who “saw the light” thanks to all of the love and hugs during the occupation (sure, Jan), but also tried to present himself as this wide-eyed naïf who couldn’t possibly understand the MOU about overthrowing the government, or who believed all the honking was just these truckers being excited. Yeah, so believable. There were, apparently, power struggles between the different groups and organisers, and things started to spiral out of their control. Gosh, you think? And when Barber was presented with an email with an assassination threat targeting Chrystia Freeland, he insisted he had no knowledge of this—because, you know, it was all peace and love. (Credit to Shannon Proudfoot for the troll/naïf descriptor).

Elsewhere, Doug Ford’s lawyers were at Federal Court to argue that the rule of law would be “irreparably harmed” if Ford and Sylvia Jones were forced to testify at the public inquiry or deal with any subsequent contempt proceedings, which…is a bit much. The judge in the case noted that the parliamentary privilege relates to criminal and civil courts, but does not specify public inquiries (because the basis of the privilege stems from a time when the Crown controlled the courts). Said judge also said he expects to have a decision by November 8th, which is two days before Ford and Jones are supposed to testify at the inquiry.

Ukraine Dispatch, Day 252:

Russian authorities in occupied territories have ordered the evacuation of civilians in an area near Kherson, which the Ukrainian government considers a forced depopulation, which is a war crime. Russians also fired missiles into an apartment building in the port city of Mykolaiv, and have destroyed about 40 percent of the country’s energy infrastructure as winter approaches.

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Roundup: Sloly, Day Two

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It was another firehose of news out of the Emergencies Act public inquiry for the second day of former Ottawa police chief Peter Sloly’s testimony. Sloly lashed out at RCMP Commissioner Brenda Lucki and then-Public Safety minister Bill Blair for not giving him the resources he needed, even though they were reluctant to give over resources without any kind of coherent plan in place (which is, frankly, reasonable), nor was Sloly following proper procedure for requesting additional resources under the Ontario policing legislation. Sloly also repeatedly contradicted documentary evidence, and attributed attacks against him to be rumours. There was some pretty disturbing stuff about how Navigator was involved in the decision-making, and how they were essentially testing how different parts of the city would react to actions to clear the occupation, which is a really, really questionable way for police to make decisions about how they’re upholding laws.

https://twitter.com/MikePMoffatt/status/1587096886388969472

https://twitter.com/acoyne/status/1587231274640490496

Meanwhile, we also got a look at the “intelligence” that the occupation was operating on, as a self-styled “expert” compiled these reports for organisers which are replete with fanciful notions of the Trudeau government trying to make this a Tiananmen Square-style event to crush dissenters. No, seriously. Other documents show that the RCMP union felt the decision to allow the trucks to park near Parliament Hill represented an unacceptable risk, and how they were preparing to respond to the request for their services. Other texts tabled with the inquiry show Marco Mendicino’s office trying to come up with a communications strategy before the convoy arrived and began the occupation.

Elsewhere, Doug Ford goes to court today to try and keep from testifying at the public inquiry. Justice Rouleau, who leads the inquiry, is seeking to have that application dismissed, saying that Ford is overstating his parliamentary privilege to avoid having to testify. But while Ford claims he’s too busy to testify, he spent yesterday putting out folksy pumpkin-carving videos, so yeah, that’s going to be a problem.

https://twitter.com/dgardner/status/1587114402851033091

Ukraine Dispatch, Day 251:

More heavy Russian bombardment of Kyiv has cut most power and water in the city, as the plan to try and demoralise the capital continues. Other cities were hit as well, and one missile that the Ukrainians shot down fell into a border city in Moldova, though no casualties resulted. Russia is claiming retaliation for attacks on their ships in the Black Sea, though Ukraine denies attacking them.

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Roundup: A hospitalized interpreter should be a wake-up call, but probably won’t be

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The inevitable has happened, and a parliamentary interpreter collapsed during a Senate committee meeting after an acoustic shock and was sent to hospital as a result, when the committee chair decided to go ahead with a meeting despite the fact that two witnesses appearing by video did not have appropriate headsets. And to add to matters, this interpreter was a freelancer and not in the union, so they won’t be getting sick pay for this injury either, given that they were filling in for the full-time, unionised interpreters who are on leave for the injuries they are all facing because of hybrid sessions and meetings, and the fact that the vast majority of MPs and senators simply do not care about their well-being, or the fact that these kinds of acoustic injuries can lead to permanent hearing loss. They don’t care because it would mean giving up the luxury of staying in their ridings rather than coming to Ottawa when they don’t want to, even if it means treating the interpretation staff like furniture. (And as we’ve established, they cannot simply hire more interpreters because there aren’t any more to hire—they’re not even graduating enough to meet the level of attrition from retirements and those quitting from injuries).

To add to this was Government House Leader Mark Holland appearing at the Procedure and House Affairs Committee, where they are debating extending hybrid sittings, possibly permanently, and he spoke about his suicide attempt after his 2011 election loss and used that tale as justification for extending hybrid. And as brave as Holland is to share that story, I find myself deeply disturbed by the fact that he is using it to push for a morally bankrupt proposition around making hybrid sittings permanent when he knows the human cost to them. I am also appalled that the lesson is trying to be “when an MP is struggling, let them work from home” rather than “when an MP is struggling, let them take the time they need to get better and not create an unrealistic and dangerous expectation of presenteeism.” MPs are allowed sick days and leaves of absence. They do not need to be on call 24/7, or to vote on every single issue. There were rules about pairing for absences for decades, and they worked just fine. It’s the same with the groups who keep appearing at PROC, such as Equal Voice, who insist that we need to make hybrid permanent to let more women with children participate in Parliament—it ignores the human toll on the interpreters (and when you raise it, they simply handwave it away with the magic words “we need to find a solution”), and frankly these MPs have the luxury of options when it comes to arrangements they can make. Hybrid or virtual sittings injures interpreters. If there is a technological solution, Parliament has been ignoring it. It is frankly morally reprehensible that they continue to have this debate at the expense of the health of these interpreters. It would be great if this publicised injury and hospitalisation were a wake-up call, but I am frankly too cynical at this point to believe that is going to happen.

Ukraine Dispatch, Day 244:

Russia continues to claim that Ukraine is planning to use a “dirty bomb,” which sounds increasingly like pretext for Russia to detonate one, and that they have been using their occupation of the Zaphorizhzhia nuclear plant to build it.

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Roundup: The problem with giving everyone a title

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There has been a lot of talk over the past few days about the choices that Pierre Poilievre made with announcing a shadow Cabinet as large as he did, and lo, the CBC had even more commentary over the weekend about it. Suffice to say, I’m not sure I really buy the take of “it gives everyone something to do.” Why? For starters, the whole point of a shadow Cabinet, particularly as it is practiced in the UK, is to have people who are ready to go into ministries if there is a change of government, and these are people who know their files, and can slot into the positions easily and quickly. That doesn’t really happen in Canada because our Cabinets have a lot of other considerations in play, such as regional composition, and balance with gender and other diversity, but region is the big one, and therefore, we can’t really have people ready to go into ministries because we don’t know how the regional dynamics will play at a time when they form government. (This is one reason why I’m not keen on calling critics “shadow ministers,” because they don’t have the same function). If you give everyone jobs that are not related to how Cabinet is composed, you’re not really living up to the purpose, particularly if you’re assigning made-up portfolios to certain MPs to exercise their hobby-horses as a reward for loyalty, even though as a reward goes, it’s not much because there is no added pay that goes with it.

My other problem, however, is that MPs already have a lot of work that they’re already not really doing, and many of them have offloaded those responsibilities on to independent Officers of Parliament, and that’s a problem. Committee work is supposed to take up the bulk of an MP’s time, but if they’re playing “shadow minister” for their hobby horses, they’re spending less time doing the work in committee or elsewhere that they’re supposed to be doing. There is also participation-trophy syndrome at play, where (almost) everyone gets a title (but not pay), even though we should remember that backbenchers are supposed to play important accountability roles in our parliamentary system. If we’re training the caucus to all expect titles and roles and not that they have jobs to do as backbenchers, we’re really weakening the ability of our parliament to do its job, and that is worrying. Not that the current crop of MPs in the Commons seems to care much about Parliament and its ability to function correctly, and this goes for all parties (and it’s really not helped when the prime minister has been a constitutional vandal when it comes to the Senate and the role it plays). This is a problem, and we should be talking about it, rather than patting Poilievre on the back for such a “strategic” move.

Ukraine Dispatch, Day 235:

Russian-backed separatists in Donetsk say that their mayor’s office was hit by a rocket, which the Ukrainian military has not claimed responsibility for, while Russian rockets struck the town across from the Zaporizhzhia nuclear power plant. Over the weekend, a missile strike seriously damaged an energy facility near Kyiv,

https://twitter.com/JimmySecUK/status/1581636027487178754

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QP: Missing the mark on the tough-on-crime questions

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While the prime minister was off to Calgary to sign a land settlement with a First Nation, and his deputy off to Washington DC, none of the other leaders were in attendance either. Luc Berthold led off, laying out that the prime minister promised to run a transparent government, but raised the CBC story on 72 secret orders-in-council (which are secret for statutory reasons, not because the government simply declared them to be). François-Philippe Champagne noted that there are particular decisions which need to be secret, particularly under the Investment Canada Act and under national security considerations, and while they strive for transparency, there are instances where the national interest requires secrecy. Berthold tried once again on this, and Champagne repeated his response. Berthold then raised the rise in gun crimes and worried that the bill revoking mandatory minimums was making life easier on criminals. David Lametti reminded him that there are many cases where the justice system targets Black and Indigenous people and that serious crimes will still receive serious sentences. Rob Moore took over in English to also decry the same bill and demanded the government abandon the bill. Lametti repeated his response. When Moore tried again, Pam Damoff listed actions the government is taking to tackle gun violence.

Alain Therrien led for the Bloc, and claimed that the National Assembly has a democratic duty to protect secularism in the province, and insinuated that the federal government was trying to overturn democracy in the province. Lametti reminded Therrien that he too is a Quebecker, that Law 21 prevented a teacher from working, and that the federal government has a duty to protect minority rights. Therrien listed areas where the federal government turns down Quebec’s demands, and Pablo Rodriguez stated that while the Bloc is trying to pick fights, the government is trying to move society forward. 

Peter Julian rose for the NDP, and in French, he noted a lot of food bank users are disabled, before he denounced the new disability benefits bill. Carla Qualtrough recited that they have worked with the disability community and provinces to lift disabled people out of poverty, which included ensuring that provinces don’t claw back benefits. Bonita Zarillo repeated the same condemnation in English, and Qualtrough reiterated points before calling on the House to get it done.

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QP: Taking shots at the Supreme Court of Canada

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Wednesday, caucus day, and proto-Prime Minister’s Questions day. Justin Trudeau was indeed present, as were most but not all of the other leaders. Candice Bergen led off, script on her mini-lectern, and she decried the “failure” to make life affordable, as though the prime minster has magic powers to set world oil prices, or to stop droughts in food-producing regions. Trudeau reminded her that the first thing they did was to cut taxes to the middle class and bringing in the Canada Child Benefit, which is indexed to inflation. Bergen insisted that the Liberals were cheering on high gas prices, and then worried about rising interest rates, as though you can have both low inflation and near-zero interest rates in perpetuity. Trudeau took up a script to list affordability measures like cutting cellphone bills, child care, and increasing the federal minimum wage (which affects only a tiny minority of people). Bergen pivoted to the rise in violent crime and worried that violent criminals would just get house arrest (which is an utter falsehood). Trudeau read a script about how they need a system that punishes criminals but does not target Black and Indigenous people, and that the legislation increases maximum penalties. Luc Berthold took over in French to equate both higher prices and violent crime, eventually getting to a demand to lower taxes (which fuels inflation, guys), and Trudeau read some talking points about affordability measures. Berthold decried the rise in interest rates, and Trudeau extemporaneously pointed to lower child care fees thanks to his government.

https://twitter.com/journo_dale/status/1532067017490337792

Alain Therrien led for the Bloc, and he decried the potential federal intervention at the Supreme Court on Quebec’s so-called “secularism” law, and Trudeau said that he must have misheard, that the Bloc insisted that those who want to challenge the law are not real Quebeckers. Therrien insisted this as an internal matter to Quebec, and insisted Canada was trying to “force” religion into their state, and Trudeau took exception to this, saying that minorities have the same across the country, and the federal government would stand up for them.

Jagmeet Singh rose for the NDP, and listed the number of people who have died from toxic drug overdoses since 2017, and wanted the same decriminalisation approach that BC across the country. Trudeau said this was about working with provinces and municipalities to ensure there is a framework around it, but it was a complex solution. Singh repeated the question in French, and Trudeau gave the same response in French.

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Roundup: Brown’s poor choice of words

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It is approximately day ninety-six of Russia’s invasion of Ukraine, and Russia has stormed the city of Sievierodonetsk after trying unsuccessfully to encircle it. Some 90 percent of the cities buildings are damaged, and Russian forces have not cared about civilian casualties. At the same time, president Volodymyr Zelensky ventured out of Kyiv and visited the city of Kharkiv, and thanked the Ukrainian defenders in that city who pushed the Russian invasion back on that front.

Meanwhile, Ukraine is getting new shore-to-ship missiles from Denmark while howitzers from the US are arriving, and it is hoped that these missiles can help better defend their coast line (and possibly sink the Russian Black Sea fleet in the process). Also, here is a look at those evacuating from cities like Lysychansk in eastern Ukraine.

Closer to home, Patrick Brown is trying to walk back on his calling social conservatives “dinosaurs” in his book, saying it was a “poor choice of words.” But he was trying to make a point in the statement that those dinosaurs are becoming less relevant to the party, which in Ontario especially, tends to mean that you need to go on bended knee to Charles McVety and his particular ilk so that you can get their endorsement, which Doug Ford was certainly willing to do, and Brown was not, instead trying to expand the party membership through other ethno-cultural communities that could go around that traditional social conservative membership bloc. And I’ve heard certain Conservative organisers say that they want “open memberships” like the Liberals have in order to grow the party away from being beholden to the social conservatives—erm, but maybe you should just adopt more centrist or mainstream policies that will attract more people to the party if you want to move away from that particular base. Mind you, there is a bit of a chicken-and-egg situation in that those members will keep fighting to keep the policy book in their favour, but there is also no guarantee that “open memberships” will help you organise around these social conservatives any differently either. Suffice to say, if the party wants to grow away from this base, it requires a lot more organisational ability than they seem to be demonstrating to date.

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Roundup: Words with meanings and obligations

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We’re now around day fifty of Russia’s invasion of Ukraine, and four European presidents—Poland, Lithuania, Latvia, and Estonia—visited Kyiv to show their support yesterday. (Some photos of Ukraine here). Ukrainian forces also detained one of Putin’s oligarch allies, which has led to a new round of threats from Russia. The other thing that will make Russia angry? The fact that the Ukrainians sank Russia’s flagship for their Black Sea fleet—the same ship that fired upon the border guards at Snake Island. It’s almost poetic justice.

https://twitter.com/dgardner/status/1514397710509559814

Meanwhile, we are getting into a frustrating debate about whether or not to call what’s happening in Ukraine a genocide, and what makes it frustrating is the fact that there are international obligations to do something about it if that’s indeed the case. There is no argument that there are crimes against humanity happening, and those are very, very serious. But “genocide” is a specific legal term with specific intent, and for President Biden to throw the word around and saying that lawyers can sort out the details later isn’t helping, when the term obligates the US to do something about it (which they have danced around in the past because they don’t want to be obligated). And then Justin Trudeau chines in and says it’s “absolutely right” to use the term, which would then obligate Canada to do something about it as well. But we need to stop using the most serious language for things for shock value, because words have meanings, and in this case, obligations as well.

https://twitter.com/dgardner/status/1513890485970116614

https://twitter.com/dgardner/status/1513902439556169733

Closer to home, the Bank of Canada raised its key interest rates by fifty basis points, and has hinted that more rate hikes are on the way, as they have to not only combat inflation with the only tool they have, but they have to fight the perception that they aren’t doing enough to cool inflation (and that latter part is the bigger part of the problem). I’ll be writing more about what’s in the Monetary Policy Report in the coming days, but in the meantime, here are some smart economists giving some reaction.

https://twitter.com/LindsayTedds/status/1514249461857366021

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