Tag Archives: CSIS

Roundup: Abusing authority to summon the RCMP Commissioner

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The abuse and beclowning of House of Commons committees continues apace, as the Conservatives tried to use the Access to Information, Ethics, and Privacy Committee to re-litigate the SNC-Lavalin scandal after Astroturf group Democracy Watch floated some bullshit last week about how the RCMP said they couldn’t investigate if a crime occurred because they were denied access to Cabinet-confidential documents. Never mind that no crime was ever alleged, but this was more than enough for the Conservatives to try to resurrect this dead horse, and they did so by the committee chair abusing his position to bring the head of the RCMP to testify at committee. The other parties at committee, however, were having none of this because of the abuse of procedure, and shut down the meeting, to howls of outrage by Conservatives who wanted their dog and pony show for the cameras.

https://twitter.com/MonaFortier/status/1716549067180736827

We’ll likely see said RCMP Commissioner invited back in a proper fashion in the next week or two, because the Bloc have stated that they want to hear from him, but with proper notice and preparation, so they’ll get their dog and pony show eventually. It won’t do them much good—the Commissioner told CBC on his way out of the building that there was nothing to tell, that the RCMP was satisfied that there wasn’t anything illegal once they did their due diligence, even if they couldn’t get those documents. It won’t satisfy the Conservatives or Democracy Watch, who will continue to allege conspiracies and dark deeds, and howl at the moon about cover-ups, because that’s how they get attention. (But seriously, media outlets—stop quoting Democracy Watch. They actually have no credibility and it’s a sign of lazy reporting if you rely on their quotes as a crutch).

Ukraine Dispatch:

Ukrainian forces say they shot down 14 drones and a cruise missile attacking the country’s south and east, but falling debris damaged a warehouse in Odesa. Russian forces pressed their attack on Avdiivka in the east, and Kupiansk, further north.

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Roundup: Openly pursuing creeping illiberalism

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You may have heard mention of a lavish trip that Conservative MPs took to London courtesy of a Hungarian think tank, but as you might expect from Canadian legacy media, the focus remains on the costs of the trip, and the stupid little partisan games in trying to get the ethics committee to look into it. What isn’t being mentioned is the fact that the think tank, the Danube Institute, is closely tied to the Orbán regime, and that is a worrying problem because of what it signals about right-wing parties in North America cosying up to Orbán.

Why this matters is because Orbán is undermining the rule of law and public institutions in Hungary, and is praising greater illiberalism. By cosying up to Orbán while has-beens like Stephen Harper try to sanitise his image through his IDU social club is because it creates a permission structure for right-wing parties like the Conservatives to start normalising the same illiberalism, pretending that this is all standard stuff for small-c conservative parties these days. The “don’t say gay” legislation in the US all came from Orbán’s playbook, and that is crossing over into Canada as well, with Conservatives openly winking and nodding to it, while you have conservative premiers invoking the notwithstanding clause to take away the rights of gender-diverse youth. This is the canary in the coal mine.

On the subject of creeping illiberalism, Conservatives (and MP Rachael Harder in particular) tried to get the public accounts committee to haul the CBC executives before them to “explain” why they don’t use the term “terrorist” when referring to Hamas, never mind that this is a practice shared by other news organisations like the BBC and The Associated Press. This kind of attempted intimidation is absolutely out of order, and represents political interference in the public broadcaster, which would be bad enough it Harder wasn’t the one always screaming about so-called “government censorship” with the Online Streaming Act and the Online News Act, as though that were a credible problem. It’s not, but it also seems to be both projection and an admission, that they want to control the news and programming, while accusing the Liberals of doing so (even though they absolutely are not). This is extremely dangerous for our democracy, and we should absolutely beware what they are trying to get away with.

Ukraine Dispatch:

While the attacks on Avdiivka continue, Russians struck an apartment building in Zaporizhzhia and killed two people. Ukraine has claimed responsibility for an attack on two Russian airfield in occupied areas using longer-range ballistic missiles quietly provided by the Americans, which is an unusual admission for them, but also signals that they can now hit Russian supply lines in more protected areas.

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Roundup: An unearned victory lap amidst the Court’s repudiation

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Yesterday morning, the Supreme Court of Canada ruled that the federal Impact Assessment Act is partly unconstitutional, and that the federal government was over-broad in the criteria they used to trigger a federal environmental assessment. Ironically, while Jason Kenney and the federal Conservatives liked to call the legislation the “No More Pipelines Bill,” the section that governs pipelines was found to be entirely constitutional, so it was fairly laughable as they started crowing over social media about their supposed victory. It might have helped if they had actually read it and not just the headlines.

The more important part of the decision, however, was the fact that while it did find part of the federal legislation ultra vires Parliament, it also explicitly repudiated the arguments that the Alberta government and the Alberta Court of Appeal were making, in claiming that the province somehow has interjurisdictional immunity for so-called “provincial” projects. That’s not true, and the Court said so, which means that when Danielle Smith and Pierre Poilievre were claiming that the Supreme Court “affirmed” that provinces have the exclusive right to develop their own resources, that’s wrong. It’s not what the Court said, and in fact they said the opposite of that. Alberta’s “victory” was a pretty hollow one because the Court affirmed the federal role in environmental assessments and that they can assess whatever they want once their ability to make said assessment is triggered—the only real issue was the criteria for the trigger, which needs to be narrowed. The federal government has pledged to do just that, and because this was a reference opinion by the Court and not a decision on legislation, it has not been struck down. In fact, because there don’t seem to be any projects under assessment that would be affected by the decision, it seems to show that the law is carrying on just fine, and that the amendment will be a fairly surgical tweak (and yes, I spoke to several legal experts to that effect yesterday).

Meanwhile, the reporting on the decision largely ignored this repudiation of the provincial argument. The Canadian Press, the National Post, and the Star all missed that point entirely in their reporting. Only the CBC caught it—in the main story it was given a brief mention amidst the egregious both-sidesing, but Jason Markusoff’s more nuanced analysis piece did get a little more into it, but again, it did not really point out that Kenney’s crowing over social media was for naught, and that Smith’s victory lap was not really deserved. (Smith later went on Power & Politics and lied about what projects that the Act supposedly impacted, such as the Teck Frontier mine—that project was assessed under the Harper-era regime, and was shelved because the price of oil couldn’t justify the project’s viability). It would be nice if we had more journalists actually talking to more experts than just one while they both-sides the ministers and Smith, because they would find that they missed a pretty significant part of the decision. (My own story that does precisely this analysis was delayed in publication, so it should be up on Monday).

Ukraine Dispatch:

Russian forces pounded Avdiivka in the Donbas region for a fourth day in a row as they try to make gains in that area. Ukrainian authorities say that Russians have destroyed 300,000 tons of grain since they started attacking Ukrainian port cities in July (because they’re trying to weaponise hunger).

https://twitter.com/ukraine_world/status/1712871747672744431

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Roundup: “Credible allegations” of an assassination on Canadian soil

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It was an unexpected moment after Question Period, when Justin Trudeau returned to the House of Commons, and took advantage of the Statements by Ministers slot in Routine Proceedings to speak on an issue of “national security,” and revealed that credible intelligence from Canadian agencies has found that an agent of the Indian government was likely responsible for the murder of a Sikh leader in British Columbia several months ago. Other opposition leaders expressed their shock, and support for the government in this—being unusually less dickish than usual (until they denied Elizabeth May her own opportunity to speak—the dickishness resumed at that point). It also sounds like the timing of this announcement was earlier than anticipated—the Globe and Mail got a leak and went to confirm it with the government, and were asked if they could hold off publishing for a week, and the Globe said they had 24 hours, so Trudeau was forced to do this now, and not after he returned from the UN General Assembly.

https://twitter.com/StephanieCarvin/status/1703856088238416330

https://twitter.com/StephanieCarvin/status/1703879668842016904

Shortly thereafter, Mélanie Joly and Dominic LeBlanc scrummed in the Foyer and said that a high-ranking Indian diplomat was expelled from the country, and it sounds like the government is considering further measures in the near future. It also sounds like this was being discussed at the G20 meeting in India last week, as both the head of CSIS and Trudeau’s National Security Advisor were on the trip, and suddenly the frostiness with Narendra Modi and the cancelled trade mission make so much more sense, being as this was being pursued in back channels during the summit, not only with Indian officials but also with allied countries including the US and the UK.

For background, here is what we know about the victim, and the timeline of events surrounding the murder. India, predictably, refutes this.

Ukraine Dispatch:

There have been Russian attacks on both Lviv in the west and Kherson in the south. Ukrainian forces say they breached Russian lines near Bakhmut in the east, and have reclaimed two more villages. Six deputy defence ministers were fired, possibly in relation to a corruption scandal.

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Roundup: A foreign interference inquiry after all

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The announcement finally came down yesterday that the government will be launching a public inquiry into foreign interference, with terms of reference that include China, Russia, and any other state or non-state actors whom they see fit, and that this will be expected to have an interim report by the end of February next year, with a final report at the end of the year. Leading the inquiry will be Quebec Court of Appeal justice Marie-Josée Hogue, who has no national security experience, but says she is “honoured” to lead the exercise (though that is not what I would be feeling). The choice of judge and the terms of reference are apparently all unanimously agreed to by the government as well as the three main opposition parties, which is in part why it took so long, but there are still a few red flags, particularly around the timeline. It doesn’t seem either remotely possible or even plausible that the bulk of the work can be completed in five months (Hogue doesn’t start until the 18th), considering how much time it will take to stand up the inquiry’s infrastructure, and for her and her staff to be properly briefed on how to read top secret information and how to contextualise intelligence. This having been said, Dominic LeBlanc says the government will turn over any Cabinet documents she needs, and Justin Trudeau says he’ll willingly testify before said inquiry when asked to, so they’re certainly making a big show about cooperation.

As expected, the opposition parties fell all over themselves to take credit for this, and chided the government for why this took so long to get to this point, as though they weren’t a big part of the problem, most especially in trying to find someone to lead this process who was willing to do the job and subject themselves to the likelihood of daily character assassination in the process (because as much as they say they’re all in favour of this, the moment they think they can score points off of what is happening, they will have zero hesitation in being ruthless in doing so). Already Twitter was abuzz with her political donation history (Conservative), who appointed her to the bench (Peter MacKay), and her previous law firm (which has Liberal and China connections), so you can bet that there will be those who won’t hesitate to move into character assassination at a moment’s notice.

In related news, LeBlanc says he’ll be meeting with MP Han Dong in the near future to discuss his future and whether he’ll be able to re-join the party given the allegations against him, which David Johnston found to lack credibility in his report. It sounds like LeBlanc hasn’t had the time to deal with this with everything else going on over the summer, so we’ll see where that leads.

Programming note: It’s my birthday this weekend, so I’m going to make it a long-ish weekend on the blog. See you next week!

Ukraine Dispatch:

Russians attacked the Danube port of Izmail for the fourth time in five days, damaging more grain silos and critical infrastructure. Ukrainian forces are gearing up air defences in preparation for another winter of attacks on their energy systems and power grid. President Volodymyr Zelenskyy has tasked his new defence minister with rebuilding trust after a series of corruption allegations in the defence forces, particularly around procurement. Ukraine is also calling for more international pressure on Russia to return the children they have taken from Ukraine over the course of the invasion.

https://twitter.com/billblair/status/1699740567435915664

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Roundup: Hybrid sittings are now permanent, and Parliament will suffer

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I knew that this was now inevitable, but that doesn’t mean it’s still not infuriating. After invoking closure and ramming it through with little debate, the government has forced through the changes to the Standing Orders that will make hybrid sittings permanent. The government has ignored all criticisms about this move, and blinkered itself to the supposed benefits to this system that are largely a false economy, because it “feels progressive.” They tried to force this before the pandemic, and they certainly didn’t let a good crisis go to waste.

The biggest losers out of this are the interpretation staff. Working by Zoom is an absolute killer for them, both from acoustic injuries because MPs can’t be arsed to use their headsets properly most of the time, or simply ignore those rules when it suits them (as the Conservatives did when they pretended to have issues with their voting apps), and because the cognitive load from interpreting this way burns them out. The Speaker, meanwhile, can’t be bothered to enforce rules or guidelines, and merely gently chides MPs that they should be nice to the interpreters, but with no consequences, these behaviours continue undaunted. We’re now accelerating toward a crisis of bilingualism in Parliament because they can’t just hire more interpreters. They’re not graduating enough at a rate to overcome attrition even before the injuries, and fewer of them are going to stick around in order to expose themselves to injury and the possibility of permanent hearing loss. It’s morally repugnant and unconscionable that MPs behave this way, treating the interpreters like furniture, but they’re still in the fuck around stage. They’re going to find out really soon, and Parliament is going to be in a genuine crisis, because the Liberals and NDP in particular are too self-centred to look at the harm they’re causing.

Ukraine Dispatch:

Russian authorities say they’re staging elections in occupied territories as a sign that they’re in control, as the Ukrainian counter-offensive makes progress but faces “tough resistance,” according to president Volodymyr Zelenskyy. Ukrainian officials also say they are still advancing on Bakhmut around the north and northwest.

https://twitter.com/ukraine_world/status/1669255405610909698

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Roundup: Mendicino’s future in doubt

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The political future of Marco Mendicino is in the balance as the revelation has circulated that his office was aware of the potential transfer of serial rapist and killer Paul Bernardo to a medium-security facility (designed to treat violent sex offenders) for months but didn’t inform him until it happened, made worse by the fact that the prime minister’s office was also informed, and they kicked it to Mendicino’s office to deal with. And by deal with, we’re not talking politically interfering with an arm’s length body, but at least doing something, whether it’s ordering a review or coming up with a communications plan to get ahead of it. But they didn’t.

There is a lot of talk about ministerial responsibility and accountability, and what that means in a situation like this. The assumption is always that every offence is a resigning offence, which is wrong, and Mendicino says that he’s taken “corrective action” in his office, but as the minister, the buck stops with him, and in this case, it’s a pattern of incompetence coming home to roost, and it’s not the first time, and he’s been a terrible communicator on a number of the files before him, to the point of framing things in a manner that could be construed as misleading, such as issue of “police advice” on the invocation of the Emergencies Act. Mendicino says he won’t resign, but it’s getting hard to see how “corrective action” in his office can be handled without a head rolling, or someone falling on their sword, and at this point, we are getting to the point where Mendicino should probably consider doing so in order to get ahead of things, and looking like he still has some principles left.

The other thing to consider is that he may be out of this job sooner than later, because the rumours of a Cabinet shuffle are pretty loud, and his name is at the top of the list as someone who isn’t performing well and needs to be out of their portfolio. (Also on that list are Omar Alghabra and Joyce Murray). We are at a point in the life of the government where they need a shake-up in order to try and throw off some of the fatigue that is weighing them down, and to get some new blood in some of their portfolios in order to get fresh perspectives. There’s also a major rotation of staff happening in a number of offices, which is also needed at this point. We’ll see if this situation accelerates Trudeau’s plans for when this shuffle is going to happen, which Mendicino could force by doing the honourable thing. (That said, it might mean that Bill Blair might be tasked with taking Public Safety back on, at least until a new minister can be appointed, and that wouldn’t be a good thing because he shouldn’t have that portfolio for very obvious reasons).

Ukraine Dispatch:

The Russian strikes against Odessa and Donetsk early Wednesday morning killed six and damaged dozens of homes. Ukraine’s counter-offensive is still testing Russian defences, largely in the south, as they have thus far only committed three of their twelve battalions to the operation so far.

https://twitter.com/ukraine_world/status/1668981197693648898

https://twitter.com/defencehq/status/1668957867301302275

https://twitter.com/ukraine_world/status/1668878494762250241

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QP: Repetitive demands for Mendicino to resign

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The prime minister was away on a Wednesday, which is unusual, as he was in Quebec touring areas affected by the wildfires. His deputy was also in town and had addressed the media earlier, but she was also absent, and with that absence, the Bloc leader also opted not to show up. Pierre Poilievre led off in French, and declared that an entire generation of women will need to relive the trauma of Paul Bernardo with news that he has been transferred to a medium-security facility, and that Marco Mendicino was aware for three months, insisting that what he said was false and demanded his resignation. Mendicino said he was shocked by the news because he wasn’t informed until the day after the transfer, that it was a mistake within his office and he will take tangible action and that they always stand up for victims’ rights. Poilievre repeated his over-the-top accusation in English, and Mendicino repeated his same response, noting that there is an review process underway at Corrections. Poilievre accused him of throwing his staff under the bus, but because nobody got fired, he must be lying and needs to resign. Mendicino invited him to repeat the accusation outside of the House, and the Speaker how to call order among the yells that he already did, and when calm was restored, Mendicino accused Poilievre of misleading the House in his assertions. Poilievre insisted that Mendicino was trying to say that his staff forgot to walk down the hall to inform him and claimed he has the authority to designate all mass murders go to maximum security. Mendicino insisted that this question was a prescription for political interference, and that he was going to be issuing new ministerial directives to the Correctional Service. Poilievre again insisted that Mendicino has the power to designate prisoners, and demanded Mendicino be fired. Mendicino repeated that he is issuing new directives to the Service.

Alain Therrien led for the Bloc, and demanded a public inquiry be launched before the House rises for the summer, and demanded clarity and not talk of a “public process.” Dominic LeBlanc insisted that he shares the desire to get to the right process, and that a public inquiry is an option provided they could find the right way to do so. Therrien insisted that they must declare it be an inquiry, and LeBlanc repeated that it could be an inquiry if it can be done the right way.

Jagmeet Singh rose for the NDP, and returned to the Bernardo question, saying that Mendicino can’t keep his house in order and told him to stop waiting by the fax machine and check his emails. Mendicino said that he corrected the matter in his office. Singh switched to French to point to the testimony about Blair being meant to read the briefing about Chong, and told him to check his emails again. This time Bill Blair stood up to clarify that ministers and their offices don’t have access to the top secret network and that he was not briefed by the CSIS director. 

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Roundup: The Chief Justice gives a strong warning

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Chief Justice of the Supreme Court of Canada, Richard Wagner, delivered his annual news conference yesterday, which had been planned a month ago and the timing was purely coincidental regarding the sudden resignation of Justice Russell Brown. That was not the main topic of his remarks, however—that was about the slow pace of judicial appointments as some eighty or so spots remain unfilled, and it can take up to a year-and-a-half to fill the positions of chief justice or associate chief justice in a province. And Wagner has been pretty vocal about this.

Wagner did note that the prime minister did call him after getting his letter, and said that he was going to do what he could to improve the situation, but appointments are a problem for this government. In fact, the only time they have managed timely appointments are for the Supreme Court of Canada. One of the problems is that right now, a number of Judicial Advisory Committees, which vet prospective candidates, remain empty, meaning they need to be filled before they can get to the work of vetting applications for judges. And it’s not just the courts—nearly one fifth of Senate seats are currently vacant for much the same reason. And it’s not like these vacancies are a surprise—judges typically give six months’ notice before they retire, if they don’t reach mandatory retirement. Senators also age out, the date of which is clearly known and posted, so they have absolutely no excuse for not moving fast to fill upcoming vacancies. And yet they don’t.

As you have no doubt heard me say before on numerous occasions, one of the biggest problems is that this government made the decision to rely on self-nominations for these kinds of positions, while at the same time, committing to diversifying the bench (or the Senate). But when you rely on self-nomination, the kinds of people they want to apply and to appoint aren’t applying because they don’t see themselves in these roles (because the ingrained perception is that judges or senators are old white men), meaning that they need to go out and push people to apply and that takes time. They could instead just go out and nominate people, or have their appointments committees do that work, rather than just passively waiting for applications. To add to that, there is frequently a demonstrable difference in the performance of someone who was nominated (for whom they often see it as an honour to be considered) versus someone who applies (and feels entitled as a result),  But they refuse to see this and do that work, so we’re left constantly waiting for their poor process to play out, with the resulting delays that it entails while things crumble around them.

Ukraine Dispatch:

The Russian attack on Kryvyi Rih—the hometown of president Volodymyr Zelenskyy—killed at least eleven people when it struck an apartment building. As well, Russian missiles struck Odesa, killing at least three people in the early Wednesday morning. As well, independent confirmation is starting to roll in about Ukrainian gains in the counter-offensive.

https://twitter.com/ukraine_world/status/1668511155160055808

https://twitter.com/ukraine_world/status/1668523632266469377

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Roundup: Involving Elections Canada?

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The Chief Electoral Officer is talking about approaching parties about monitoring nomination races, which I have some mixed feelings about. While the impetus around this is of course the ongoing paranoia about foreign interference and the notion that Chinese agents are trying to stage-manage these contests, that’s really the least of our concerns, because more often than not, the real problem is party leaders gaming these races in order to get their own preferred candidates on the ballot. Mind you, that is increasingly becoming a quaint notion as many parties are increasingly just foregoing nomination races entirely, and the leader is simply using their powers to appoint people to nominations, which betrays the whole mechanism of grassroots politics, and the Liberals have become some of the absolute worst about this.

But seriously—Samara Canada did a study on this a couple of years ago, and it’s shocking just how much parties have put their thumbs on the scales of these contests. (It’s actually worse than the report describes because the researchers credulously believed the NDP around their own claims around open nominations, ignoring everything that had been printed about all of their paper candidates who won in 2011, who absolutely did not even visit the ridings they had been assigned to beforehand, let alone face an actual nomination battle). The drama with the current by-election in Oxford is because the retired Conservative MP is outraged that Poilievre and Scheer put their thumbs on the scale to get their friend parachuted and nominated against someone from inside the riding, which is why he’s now supporting the Liberal candidate.

The big drawback, however, is that Elections Canada monitoring these contests is likely to become even more intrusive, because parties are essentially private clubs, which is not an especially bad thing. But we also have a huge volume of registered parties in this country who will never win a seat, and if Elections Canada has to monitor all of their nominations as well, that could be a giant swelling of their bureaucracy in order to have people who can monitor every one of these contests, particularly in advance of an election call, and in the time between the election being called and the cut-off date for names to be on the ballot. I’m not sure how feasible that’s going to be. The way our laws are currently structured were done in a way to explicitly keep Elections Canada from getting involved (which is why we developed a system of leaders signing off on nominations, which in turn became abused and a tool of blackmail). So while I’m cognisant that we have a problem with nominations in this country, I’m not sure that involving Elections Canada is the right solution.

Ukraine Dispatch:

There was another round of fire against Kyiv early on Sunday, which was largely repelled in the city but a regional airfield was hit. Russian forces struck the city of Dnipro, killing a child and wounding at least 25 others in what President Volodymyr Zelenskyy says have been five hundred child deaths so far. Meanwhile, Ukrainian forces keep up their operations around Bakhmut, preventing Russian forces from solidifying gains in the city itself. Russians claim to have thwarted Ukrainian attacks in Donetsk province. This as Zelenskyy says that they are ready to begin the spring counter-offensive. Elsewhere, that survey of air raid shelters across Ukraine found that a quarter of them were locked or unusable, which is resulting in some charges.

https://twitter.com/defenceu/status/1665267153778401280

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