Roundup: The frustrated Commissioner was part of the problem

The outgoing Ethics Commissioner is starting to do exit interviews, and he’s expressing frustration that these kinds of ethics violations keep happening, despite the law being in place for 17 years now. To that I say two things:

1) No matter how many rules you put in place, it won’t matter because the Liberals under Trudeau fundamentally believe that so long as they mean well, the ends will justify the means, and that it’s better to simply apologise after having broken rules than it is to scrupulously and slavishly adhere to them in the first place. You can’t just put new rules to stop them from that particular belief, and no amount of training from the Commissioner’s office is likely to shake them from such beliefs.

2) Our ethics regime sucks, in large part because so much of it is predicated on the whims of the Commissioner, and this Commissioner had a lot of whims. His predecessor had a habit of reading her mandate so narrowly that nothing ever applied, except for a small handful of cases, one of which was Trudeau’s vacation with the Aga Khan, in which she made up rules around what a family friendship entails. The current Commissioner has been the opposite, reading his mandate very, very expansively so that things it should not encompass, it does (like the SNC-Lavalin issue). He has made up statutory interpretation from whole cloth, such as the definition of what constitutes “family” under the Act, and capturing relatives through marriage that no other statute in the country captures in its definitions (the issue with Dominic LeBlanc). There is no consistency, and even when they believe they are within the law, he will make up a rule that says they’re not.

I’m not suggesting the Liberals are blameless, because they’re not (see the part about them not caring about rules), but the statue itself is a problem, as are the perceptions around it, and the apocalyptic language being used to describe minor transgressions. They keep talking about the transgressions making it hard to have trust in politicians, but when the system itself fails them because it’s poorly designed and poorly administered, it’s just one vicious circle that nobody wants to show a way out of.

Ukraine Dispatch, Day 359:

Russia launched 36 missiles early in the day and struck the country’s oil refinery, while also shelling two dozen settlements in the east and south of the country.

https://twitter.com/ukraine_world/status/1626479351045804032

https://twitter.com/denys_shmyhal/status/1626151901686337538

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Roundup: A couple of not-that-scathing reports

The Auditor General released two reports yesterday on pandemic befits programmes and vaccine procurement, and they were…not explosive. Really. There were weak spots from the government, in large part because of the haste in which these programmes were designed because of the pandemic, and some inefficiency, but on the report about vaccines, part of the problem with wastage is because of a lack of provincial data, because the federal government hasn’t been able to sign agreements with the provinces. And as we’ve seen all too often, this is the fault of the provinces.

Nevertheless, the Conservatives were salivating over this release and put on a whole dog and pony show to decry that this was a sign that this government’s “wasteful spending” is what is fuelling inflation, which isn’t true, but this is the narrative they have been trying to push, and these numbers were ripe for the plucking. And as they do with every other officer of Parliament, they misconstrued the report, cherry-picked figures, and cranked up the hyperbole, and lo, this was scandalous. But that’s not what the report found. And it also ignores that they voted unanimously to design the benefit programmes this way because it was more important to get the money out the door.

Anyway, here’s Jennifer Robson’s read of the report, and it’s worth your time.

 

Ukraine Dispatch, Day 287:

Another drone strike within Russia set a third airfield ablaze, though the Ukrainians have not claimed responsibility for the attack. (Video here) More Russian missiles did strike civilian targets in Ukraine, but they were said to be less severe than other attacks in recent weeks. The strikes against Russian airfields have Russian bloggers questioning the competence of their government’s defences.

https://twitter.com/dgardner/status/1600135762179018752

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Roundup: A bill drawn up by deranged constitutional saboteurs

The fallout of the rollout of Danielle Smith’s “Alberta Sovereignty in a United Canada Act” carried on for much of the day, starting with a “clarification” that the province’s justice department sent out, but it didn’t clarify anything because it contradicted the plain language of the text, and I am forced to wonder why we aren’t seeing a raft of resignations because this whole affair has been an egregious, unconstitutional omnishambles from the get go. (From bean to cup…)

For his part, Justin Trudeau is keeping his powder dry and standing well back. While he said nothing is “off the table,” but added that he’s not looking to pick a fight, he knows full well that a fight is what Smith wants, because that’s what she hopes to use to leverage support in the next election, because there is a demographic in Alberta who likes the attitude of pugilism with the federal government, even though most of the grievances are imaginary or overblown. And no, he is not going to invoke disallowance on this because it’s a constitutional dead letter and would be provoking an even bigger constitutional crisis. But I also get the sense that “disallowance” is the new “Emergencies Act” that the press gallery in Ottawa is going to ask Trudeau about at every single opportunity, like they did through the height of the pandemic. But seriously, Gretchen—stop trying to make disallowance happen. It’s not going to happen. As for what Trudeau will do, I suspect it’ll be a reference to the Supreme Court of Canada after the bill receives royal assent, whenever that happens.

https://twitter.com/AaronWherry/status/1597961310779891713

For commentary on the bill, law professor Eric Adams lists the bill’s many unconstitutional aspects which will result in court cases, one way or the other. Emmett Macfarlane pulls no punches in calling it the most unconstitutional bill in modern history, goes through the many problems, and asserts that the bill was “drawn up by deranged constitutional saboteurs,” and he’s right. David Moscrop points out that the bill gives Smith a temporary win by harnessing populist forces to her benefit, where she can play victim when the courts eventually strike this down. Colby Cosh doesn’t take Smith at her word that she hopes never to use this legislation, and hopes that people can cool down before this escalates.

https://twitter.com/tim4hire/status/1598044824380506117

Ukraine Dispatch, Day 281:

Fighting continues both in the east, as Russians continue to try and advance to Bakhmut, and near Kherson in the south. Meanwhile, nine people were killed by fire over a 24-hour period as they tried to find ways of providing heat, and it didn’t go very well for an of them.

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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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Roundup: The false binary in MAiD coverage

The stories about the hearings on expanding the Medical Assistance in Dying regime continue apace, complete with lurid tales of people threatening to access MAiD for reasons of poverty rather than because they want to die at this particular moment of whatever condition they suffer that makes them eligible, and almost all of them frame it as the federal government forcing people to die. Althia Raj’s latest column was literally titled “Why does the Trudeau government leave people no option but to take their own lives?” before it was changed several hours later, which may or may not have been because I pointed out the fact that disability supports and housing are provincial responsibilities and not the responsibility of the federal government, who are concerned only with the Criminal Code prohibitions against providing MAiD.

Once again, provinces are being let off the hook for their own responsibilities to care for these vulnerable people. In all of the cases going to the media, it’s over areas that the province should have been responsive to, but we also know that they have been in the business of legislating poverty for those who require disability supports, so it’s not a surprise, but it’s not something the federal government can just swoop down and fix. Yes, they have committed to their disability benefit, which is still in still at committee and will take time to implement because of the complexity of dealing with provincial programmes and most especially ensuring that any federal benefits don’t mean that provincial ones are clawed back (like several provinces did with CERB payments, because again, they are legislating poverty), but even this federal support does not make it a federal responsibility, nor should it impact the considerations for the Criminal Code provisions around providing MAiD to those who request it. That road leads to “perfect world” thinking, where people will be made to suffer needlessly because premiers can’t do their jobs. (Full disclosure: My mother accessed MAiD when she had terminal cancer, and was afforded a good and dignified death).

I also think that there is a growing media ethics problem where we are seeing an increasing number of these stories with either unverified accounts of people who accessed MAiD for seemingly illegitimate purposes (though they obviously had a qualifying condition), or those who are taking to the media to threaten to access MAiD if they can’t get supports they need, as is the case cited in Raj’s column. The framing of these stories is often badly flawed, the facts usually unclear, and frankly, it is emboldening people to use the lurid threats of suicide (albeit medically assisted) in order to draw attention to their plight. Media outlets need to start reconsidering how this is being covered, because the number of these stories appears to be on the rise, and it doesn’t help anyone when things are covered in such a way.

Ukraine Dispatch, Day 272:

The damage to the electrical system in the country has president Volodymyr Zelenskyy urging Ukrainians to conserve electricity where possible and to think about options that will help them wait out long outages. He also said that people from liberated Kherson can apply to relocate to places where security and heating issues are less acute, considering how much of Kherson’s civilian infrastructure was destroyed. Here is more about how Kyiv is dealing with the blackouts.

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Roundup: Backseat driving healthcare talks

I occasionally find myself amused by some of the backseat driving/armchair quarterbacking that happens in Canadian politics, and there was no more perfect example that Jagmeet Singh putting out a press release yesterday declaring that if he were prime minister, he would have sat down with the provinces and not left until he was satisfied that they have all the resources they need. On the one hand it’s kind of hilarious because most of the time, Singh can barely recognise that provincial jurisdiction actually exists, or he seems to think that a Green Lantern Ring and sufficient political will would actually solve federalism. On the other, I can’t decide if that means that he thinks he’s got amazing powers of negotiation, or if he’s declaring himself a chump who will fall for the provinces’ strong-arm tactics.

Imagine for just a moment what Singh means when he says he won’t leave the table until he gives the provinces what they need. It sounds an awful lot like he’s going to give them a blank cheque and then pat himself on the back for having fixed healthcare. Meanwhile, the provinces take that money, put a paltry amount back into the system, continue on with privatizing as much as they possibly can (look at what Danielle Smith is up to in Alberta now that she’s fired the entire board of Alberta Health Services), reduce their own share of the funding because of the increased federal dollars, and then give tax breaks in the hopes of getting re-elected. And we know this because all of this has happened before, and all of it will happen again if this funding doesn’t come with some pretty strict conditions and strings. And the sooner more people start calling the premiers on their bullshit, the faster we can get to a deal where they accept strings that will actually do something meaningful with those increased federal dollars.

Ukraine Dispatch, Day 269:

Ukraine’s electricity grid operator is warning people that blackouts can last for several hours as Russians continue to pound the country’s electrical systems. Russians are also continuing their push toward Bakhmut with renewed intensity. Meanwhile, president Volodymyr Zelenskyy appeared at the Halifax Security Forum by video to ask NATO countries to assist with a ten-part peace plan, and that he hoped Canada would show leadership on one of those items.

https://twitter.com/kiraincongress/status/1593694607459717124

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Roundup: Counting votes is not a measure of the Senate’s health

The National Post did an analysis of the “new, independent” Senate to see just what has changed since the prime minister Justin Trudeau began his bid to reform the Upper Chamber through the appointment process, and lo, the analysis misses the whole gods damned point. You don’t judge the effectiveness of the Senate by counting votes. It has never operated in such a way, and (quantitative) political scientists and journalists can’t get that through their heads. The Senate is not going to vote down government legislation unless it’s a dire circumstance, and usually they will only insist on an amendment once before they will let a bill pass. How many times they vote against the government is not a measure of independence either, because the objective of most senators is to let a bill get to committee where the real work happens, and they will try to amend any flaws (and even then, we’ve had a problem of this particular government needing to sponsor amendments to fix their flaws that they bullied through the Commons, until the more recent and destructive trend of telling them to pass it anyway and that they would fix the flaw in a future piece of legislation).

There are plenty of other measures by which we could talk about why the “new” Senate isn’t working from the fact that they can barely organise a picnic anymore because most of the Independent senators can’t stick to agreements on procedural matters, or the fact that the pandemic has gutted their ability to be useful aside from adding a few speeches to the record because legislation is being bullied through without time for scrutiny, or the fact that they no longer have the interpretation capacity to run many of their committees like they used to thanks to hybrid sittings burning out the interpreters. Those are all very real problems that are hurting the Senate, but it requires journalists (and academics) who know the place and what is going on, and what questions to ask, and those are almost non-existent. But hey, we counted votes, so that means something, right? Nope.

Ukraine Dispatch, Day 265:

President Volodymyr Zelenskyy visited the recently liberated city of Kherson to declare it the beginning of the end of Russia’s invasion, but also notes that the city is laced with boobytraps and mines, and that they have a significant challenge ahead in repairing critical infrastructure so that people can get electricity and water.

https://twitter.com/ZelenskyyUa/status/1592179845311635463

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Roundup: Pretending the promise of money was new

Provincial health ministers met in Vancouver yesterday in advance of their federal counterpart joining them, and boy did the bullshit ever flow, particularly in their characterisation of what has transpired. The federal minister, Jean-Yves Duclos, put out a statement before the provincial minsters had a press conference that basically reiterated what the federal government has been saying for months now—that yes, they are willing to spend more money, but they want outcomes attached. What was different was specific language about common metrics for health data, cooperation on health workforces, and that the federal government was willing to also engaged in specially tailored one-off agreements with provinces on specific investments.

To hear BC’s health minister, Adrian Dix, tell the tale, the federal government has been “radio silent” for over a year, which is not true, or that this is the first time they’ve raised money issues, which is again, not true, and the message has been consistent. But some of his counterparts are already rejecting the federal strings, and insisting that this is some kind of centralization or micromanaging (it’s not). Dix also pretended that the progress he has made around some reforms in BC are being done elsewhere around the country (they’re not) as “proof” that the provinces are getting their acts together on healthcare, which is, again, not true, and nobody wants to call out the provinces for letting things get to a crisis through chronic underfunding, in large part because they spent federal dollars on other things, and because certain premiers appear to be wilfully breaking their systems in order to try and privatise as much as they can without penalty under the Canada Health Act. If the starting point for these negotiations is the truth, well, that appears to be in short supply, which could be a big problem for everyone going forward.

Ukraine Dispatch, Day 258:

Ukrainian officials are accusing Russian forces of looting empty homes in Kherson after they ordered civilians out of the city (likely a forced deportation, which is a war crime) in advance of the Ukrainian advance on the city, and then the Russians cut the power to the city and blamed Ukrainian “sabotage.” The epicentre of the fighting remains Bakhmut and Avdiivka in the Donetsk region, where Ukrainians say that hundreds of Russians are being killed every day.

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Roundup: Internet troll and wide-eyed naïf

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: The Queen is dead. Long live the King.

The Queen is dead. Long live the King.

With the passing of the Queen, Charles immediately has ascended to the throne as Charles III, as you do in a monarchy. Because of the continuity of the Crown as a corporation sole, everything carries on as it was, with a few cosmetic changes as all of the references to the Queen in legislation and in offices and institutions transition to references to King, all done automatically thanks to legislative instruments like the Interpretation Act.

  • Here is a BBC royal correspondent’s look back at the Queen’s life.
  • Philippe Lagassé lays out the legal matters of succession in Canada.
  • Anne Twomey explains the Queen’s use of soft power in the Australian context, where she had more power than she let on.
  • From the archives, Susan Delacourt spoke with former prime ministers and Governors General about their time spent with the Queen.
  • The Queen’s image will remain on coins and banknotes for years to come, and would be phased out gradually as new coins and bills enter circulation.

 

Ukraine Dispatch, Day 198:

President Volodymyr Zelenskyy says that Ukrainian forces have liberated over 1000 square kilometres of territory since the counter-attacks began on September 1st, but information is still hard to come by.

https://twitter.com/War_Mapper/status/1568026453157228545

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