Roundup: Online harms bill finally tabled

The long-awaited online harms bill was tabled yesterday, to much fanfare. The bill would create obligations for web giants to build in certain safety features, and creates a new Digital Safety Commission to oversee this, along with an ombudsman to help people navigate the process if they have been victimised and need content taken down. There are prescriptive processes that give companies 24 hours to remove certain content if flagged (most of it is child sexual exploitation or the sharing of intimate images), but there are very narrow criteria. There are also new Criminal Code provisions around making hate speech a standalone offence instead of an aggravating factor, and restores the Canadian Human Rights Tribunal’s ability to be an avenue for redress for hate speech for those who don’t want to go through the criminal route, albeit with a tighter definition and more ability to dismiss vexatious complaints than the previous system.

To that end, here are five things the bill does, a list of recent examples of online harms inflicted upon youth in recent years, while the mother of Amanda Todd is calling on Parliament to pass the bill swiftly so that other youth are protected.

As for opposition reaction, the Conservatives have point-blank called this censorship, which seems to be opening themselves up to charges that they don’t care about the safety of children and youth online. The Bloc say they’re going to read it over before supporting, while the NDP, seeing this on the Order Paper, tried to give one last attempt to sound tough about the government not introducing this sooner, so that they can launch another data-mining petition.

Ukraine Dispatch:

Ukrainian forces downed nine out of 14 Russian drones and three guided missiles overnight on Monday. Ukrainian forces had to fall back from the village of Lastochkyne near Avdiivka, as Russian forces continue to press ahead while Ukrainian forces suffer from a lack of ammunition. President Volodymyr Zelenskyy says that the Black Sea corridor, which is getting grain to countries in need, is in jeopardy without more US aid.

https://twitter.com/ukraine_world/status/1762133928406626660

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Roundup: Ford bringing back 1890s patronage

Ontario premier Doug Ford made a rousing defence for his appointing two former senior staffers onto the committee tasked with appointing provincial judges, saying that it’s “democracy” for him to make “like-minded” appointments, which is like a throwback to the 1890s. It’s very true that control of patronage was one of the key reasons why Responsible Government happened in the Canadian colonies back in the 1840s, but there has been a move over decades to professionalise and de-politicise, most especially with the judiciary, and when Ford is talking about needing to appoint his people so that he can get “tough” judges and justices of the peace on the bench, that’s a warning sign that he is backsliding on democratic norms (and he has had a history of very partisan patronage appointments since the very beginning of his government). It’s not that Ford has any particular coherent ideology other than he thinks that locking people up and throwing away the key will please voters, Charter rights, or the presumption of innocence be damned.

https://twitter.com/dwjudson/status/1761064514298986702

This kind of talk undermines the justice system, because it leaves the impression that judges are acting in partisan ways, or who were appointed because of partisan leanings, which is not a feature in the Canadian legal system. And the point Judson made about contagion is because there are people on the political right who feel that they can move the goalposts of what is acceptable for political interference in institutions that should be impartial or independent—and that is a very, very big problem at a time when the political right is undermining whatever institutions they can. It’s a key feature of Orbánism, coming out of Hungary, which the right in America and Canada keeps lapping up. That’s incredibly damaging, and it needs to be called out when it happens, even if Ford isn’t doing this for the sake of becoming like Orbán, but for his own populist ends.

https://twitter.com/dwjudson/status/1761228183674712200

Meanwhile, as an example of premiers politicizing the judiciary, Quebec premier François Legault is attacking the Quebec Court of Appeal as being federally-appointed after they handed him his ass on his attempt to prevent asylum-seekers from accessing the subsidised child care system. Part of this was blasting the Parti Québécois for agreeing with the decision, accusing their leader of “prostrating himself before Ottawa.” That said, Legault is appealing the decision to the Supreme Court of Canada, which is also federally-appointed, so I’m not sure why this will be any different if his logic holds. Unsurprisingly, the Quebec bar association is denouncing this, but this is exactly the kind of contagion being referred to with Ford’s comments, and how they undermine confidence in the justice system. Legault is doing it for his own purposes, and it’s a problem just as much as Ford’s comments.

Ukraine Dispatch:

Russians launched another drone attack against Odesa, which hit a residential building and killed one person and injured another three. Russians are also claiming that they are pushing further west after security Avdiivka. Ukraine took out one of Russia’s early warning aircraft, which is part of their air defences and of which they have very few remaining. Four Western leaders including Justin Trudeau have arrived in Kyiv to show solidarity as the war enters its third year. Ukrainian officials have launched investigations into 122,000 suspected war crimes since the beginning of the invasion, and 511 perpetrators have been identified to date. Meanwhile, Russia has been cranking up its production and refurbishment of old equipment, but there are questions as to whether quantity can outdo quality.

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Roundup: Trying to allay diaspora concerns

After two diaspora groups pulled out of the foreign interference inquiry, Justice Marie-Josée Hogue released a statement yesterday outlining precautions that are being taken to protect witnesses and sensitive information, which is hoped will allay their concerns (though some of those concerns have to do with the three politicians being given standing and the ability to cross-examine other witnesses).

It should probably be noted that this was probably inevitable. David Johnston warned as much of this in recommending against a public inquiry, but hey, politics took over and here we are.

https://twitter.com/chercywong/status/1760726555259752568

Ukraine Dispatch:

There has been a drone strike in Odessa, killing three. It is hoped that examining the debris of the North Korean missiles that the Russians have acquired and are using against Ukraine will offer clues as to how they are avoiding sanctions. Here’s a look at two years of conflict through the eyes of one Ukrainian soldier who has seen it all. Here is a look at those whose relatives have gone missing in combat and their bodies not yet found. Reuters has a photo library from the first two years of the war.

https://twitter.com/zelenskyyua/status/1760766644995887429

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Roundup: A dubious Federal Court decision, but right about judicial appointments

The Federal Court ruled yesterday that the federal government must start filling judicial vacancies faster because, which is true, but the judgment itself is something of a mess. It’s hard to see how the Court has jurisdiction here, and the judge seems to have invented a bunch of justification and has handwaved around constitutional conventions, and in the end, declared that the government must fill most of those vacancies “in a reasonable period of time,” which is vague and of little value other than the declaration. Emmett Macfarlane has promised a post on this soon, and Leonid Sirota has a thread here taking issue with the reasoning (though not the underlying issue of not making sufficient appointments—everyone is agreed on that point).

I have been writing on this government’s problems with appointments since probably their second year in office, possibly even sooner than that. While you can look up the myriad of columns I have written, the short version is this: The government wants to make diverse appointments (which is good! This is a good thing!) but they insisted on a system of self-nominations rather than going out and nominating people. We know that women, people of colour, and LGBTQ+ people routinely don’t apply for positions like this because society has drilled into them the message that only straight, old white men get positions like this. Even the Liberal Party itself gets this in their candidate selection process, where they set up systems to be persistent in getting women and diverse people to seek nominations. And even with that, the federal government has utterly dropped that ball and thinks that they can simply say “We’re accepting diverse applications!” and expecting those applications to flood in. They seem to act like the Sesame Street sketch where Ernie simply goes “Here, fishy, fishy, fishy!” and the fish leap into the boat. That’s not how this works, and when they don’t get enough applications, it slows down the process tremendously. And after seven years, they have absolutely refused to learn this lesson. Refused! It’s some kind of giant ideological blinder that they cannot get their collective heads around, no matter how many times the Chief Justice of the Supreme Court warns them, or the Auditor General sounds the alarm about vacancies on port authorities or the boards of Crown corporations, or even their process for appointing senators. They absolutely refuse to learn the lessons of their failures.

It does bear mentioning that there has been an uptick in the pace of appointments in the past few months, and filling vacancies for provincial chief justices and associate chief justices has also picked up speed (and yes, I have been keeping an eye out for this). That said, making federal judicial appointments faster won’t solve the problems with our justice system because a lot more of them involve provinces not properly resourcing provincial courts or superior courts, where you have a lot of cases where there are no court rooms or court staff available, and that causes as many if not more problems. The issue of federal appointments, however, is low-hanging fruit so it’s taking a lot more attention than it should, and once again, premiers are being allowed to skate because of it.

Ukraine Dispatch:

Russians have struck a hospital and apartments in Selydove in eastern Ukraine, killing three people. Here’s a look at how Ukrainians are decoding Russian battle communications to save lives on the front lines. Russia is pulling old tanks out of storage and refurbishing them after having lost more than 3000 in the fighting in Ukraine over the past two years. Ukraine’s military intelligence is now saying that Russia has been buying Starlink terminals by way of “Arab countries.”

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Roundup: It’s auto theft summit day

It’s the big auto theft summit happening in Ottawa today, and it’s more than just federal and provincial governments and police who are meeting—it’s also insurance companies and auto manufacturers, because part of the problem are the ways in which auto companies have made unsecured RFID technology with key fobs and so on part of the recent lines, which means thieves can capture the frequency of your fobs and steal your card by cloning said fobs. Insurance companies could wield their might in insisting on these changes, which could make a measurable impact. As a down-payment of sorts, Dominic LeBlanc announced a $28 million boost to CBSA’s ability to detect stolen vehicles with more detection tools and analytics.

Meanwhile, as Pierre Poilievre tries to insist that this problem can solely be attributed to Justin Trudeau because of certain legal changes around conditional sentencing and bail (which were in response to Supreme Court of Canada decisions, it must be stated), he’s also made a bunch of specious correlations about how car thefts were lower in the Harper era in order to back up this claim. Except, that’s mostly not true either. But then again, facts, logic or honesty are never really in play when Poilievre is speaking, and this is no different.

Ukraine Dispatch:

Ukrainian forces downed 11 out of 17 drones in the early morning hours of Thursday. Russia launched massive attacks on Kyiv and other cities over the day yesterday, which killed five and wounded more than thirty. The mobilisation bill has now passed first reading. Here’s a look at the corps of retired Colombian soldiers fighting for Ukraine

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Roundup: Danielle Smith goes draconian on LGBTQ+ youth

Alberta premier Danielle Smith unveiled her province’s “parental rights” plan in a seven-minute social media video with no written materials, no legislation, and the press conference won’t be until almost 24 hours later, because that’s a responsible way to run a government. And that plan is the most draconian plan this country has seen yet to restrict the rights of trans and queer youth, all done as Smith coos about having empathy and being supportive when the plan is de facto conversion therapy for a generation of youth.

I’ll likely be writing about this more elsewhere in the next day or two, but reaction has been pretty swift, and a couple of notable ones I wanted to highlight, one being Hannah Hodson, who is a former Conservative candidate whom I believe has left the party over this kind of thing. As for federal justice minister Arif Virani, I’m at a loss as to just what levers he thinks he can use to stand up for the rights of these youth, but I guess we’ll see if they announce anything in the next few days.

It is curious just how much the “freedom” and “bodily autonomy!” crowd seems to want to restrict the freedoms and bodily autonomy of people they don’t like and how Smith is going along with it because she doesn’t want the leopards to eat her face like they did Jason Kenney.

Ukraine Dispatch:

Ukraine shot down 14 out of 20 drones launched by Russia, but a hospital in Kharkiv was struck. There was a large prisoner exchange, in spite of Russia’s unconfirmed claims that POWs were aboard a downed aircraft. There rumours that President Volodymyr Zelenskyy could sack the country’s top military chief because of disagreements over the handling of the war.

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Roundup: Atwood on authoritarianism

For a change, I’m not going to give you much in the way of musings, but rather to exhort you to watch this short video, narrated by Margaret Atwood, about how easy it can be for democracy to slip into authoritarianism from either the left of the right, because each has their own motivations for doing so. Knowing their tactics is one effective way of stopping them, because it robs them of their rhetorical power and punch. We need more of this, not less, as things in the Western world get increasingly pulled into the orbits of those justifying authoritarianism, or “illiberal democracy” as Hungary’s Viktor Orbán likes to describe it as. These same actors are on the move here in Canada as well, and we need to shine a light on them and their tactics.

Ukraine Dispatch:

Russian missiles have hit Kyiv and Kharkiv early Tuesday morning, killing at least three. Poland’s new prime minister visited Kyiv to meet with president Volodymyr Zelenskyy, and help smooth over the issue of Polish truckers and farmers blockading border crossings. Zelenskyy also said he is looking to make changes to the country’s constitution to allow for dual citizenships, except for those living in “aggressor countries.”

https://twitter.com/ukraine_world/status/1749686187516739639

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Roundup: Threatening to engage in socialism to spite Trudeau

Danielle Smith raised her magic wand and uttered an incantation and called it the “Sovereignty Act,” and said that she was going to protect the province from the Clean Electricity Regulations, only it absolutely won’t do that. For one, the final regulations haven’t even been published, and for another, she can’t compel the private electricity generators to ignore federal law. In other words, she admitted that this is entirely for symbolic effect.

https://twitter.com/molszyns/status/1729274649509577072

But wait—it gets better. She also mused about creating a new Crown corporation to take over some of these private companies so that she could order said Crown corporation to ignore federal law like Saskatchewan is trying to do with their natural gas Crown corporation (which, again, is illegal and its directors will be legally exposed). So, you have someone who considers herself some kind of staunch, libertarian conservative who is going to engage in actual socialism (as in fully nationalizing the means of production) in order to stick it to Justin Trudeau. It boggles the mind.

Steven Guilbeault, incidentally, is undeterred and will move ahead with the regulations, because he knows that her incantation is meaningless.

Ukraine Dispatch:

A major snowstorm in southern Ukraine has killed five (and three more in neighbouring Moldova), as well as knocking out power grids.

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Roundup: The King will soon appear on your pocket change

It was King Charles III’s 75th birthday yesterday (in his natural capacity—his official birthday as King of Canada is on Victoria Day and as King of the UK in June).

https://twitter.com/RoyalFamily/status/1724367291767267802

So, what did Canada get him? Well, the Royal Canadian Mint unveiled the design of his effigy that will appear on circulation coins (and there’s no telling how long they’ve been sitting on this and waiting for his birthday to announce it, because there’s nothing more that this government loves than to time announcements to specific days), and he got a new lieutenant governor in Ontario.

https://twitter.com/adamgoldenberg/status/1724547305011867823

With the new LG in mind, here’s an exit interview with Elizabeth Dowdeswell, who has been the longest-serving LG in Ontario history, and is the last Harper vice-regal appointee who was still in office (who was chosen though the old vice-regal appointments committee process, which Justin Trudeau trashed for no reason, then replicated for senators).

Ukraine Dispatch:

Ukrainian forces say that Russians are pushing in several directions in the country’s east, and launching even more drones than they were before. European Union leaders are admitting that they’re having trouble meeting their promised ammunition donations to Ukraine because the defence industry is not producing them fast enough, which some are blaming on the EU’s focus on peace and soft power for decades.

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Roundup: An incompetent vaccine rollout

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

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

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

Ukraine Dispatch:

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

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