Roundup: The possible constitutional crisis Ford wrought

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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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: Sloly, Day Two

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: Sloly’s first day at the inquiry

It was the first of two days that former Ottawa police chief Peter Sloly took the stand at the Emergencies Act public inquiry, and, well, ooooof. The man did not acquit himself or his actions very well. He blamed the media for the perception that the police weren’t doing anything (erm, they weren’t), he defended the belief that the occupation would end in two or three days, he praised the officer who fed him the widely discredited Rex Murphy-sourced intelligence, and generally insisted that everyone was doing the best job that they could, but wow. Oh, and then he got emotional and teary at the end about how the situation that he allowed to escalate got to be too much. No, seriously.

https://twitter.com/robert_hiltz/status/1586011336987009029

https://twitter.com/StephanieCarvin/status/1586075397212770304

 

Ukraine Dispatch, Day 248 (because apparently, I lost a day somewhere):

Kyiv is facing increasing blackouts as a result of increased Russian attacks on electrical infrastructure. Russian forces continue to shell Bakhmut, in the hopes that it could open the way to hitting other strongholds in the Donetsk region, and that it could blunt the advance on the southern city of Kherson, which itself is a gateway to Crimea.

Good reads:

  • Justin Trudeau unveiled a new five-year bond-buying programme for Canadians to support Ukraine financially, along with new sanctions on Russians.
  • Chrystia Freeland announced that the Fall Economic Statement will be delivered on November 3rd (just before the constituency week, so they can fan out to sell it).
  • As of August, the federal government was still in a surplus position.
  • The federal government is moving to restrict the involvement of foreign state-own enterprises in the critical minerals sector.
  • Health Canada is looking to hire an external company to process dental claims in a standalone federal insurance programme rather than involving the provinces.
  • In advance of the COP27 meeting in Egypt, developed nations haven’t stepped up to meet climate finance goals, and Canada may be asked to do more.
  • The Supreme Court of Canada struck down elements of the mandatory registration to the federal sex offender registry in all cases, restoring judicial discretion.
  • MPs on the Heritage committee pushed back at Meta’s threat to remove news content from Facebook if they go ahead with the online news bill.
  • Premiers are huffing and puffing at the news that Trudeau is looking to play hard ball with them on future health care transfers.
  • It looks like Doug Ford was happy to participate in the public inquiry back in June, but has now changed his tune and lawyered up to avoid having to testify.
  • Susan Delacourt ruminates on how politicians have dealt with defeat, and whether some rebounds are more of a sign of workaholism.
  • Justin Ling goes through the public inquiry documents to confirm that yes, there were concerns about weapons in the occupation, and firearms charges were laid.
  • My weekend column on the facile inflation narratives coming from the opposition, and the inability of the government to call it out.

Odds and ends:

Governor General Mary May Simon’s Coat of Arms was revealed yesterday.

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Roundup: Contradictions and poor intelligence practices

There has been a number of competing threads in the ongoing Emergencies Act public inquiry, and a lot of police testimony that is contradictory, and contradicting their own documentary evidence. For example, one senior Ottawa police officer is claiming that they had the tow trucks all lined up and ready to go without the invocation of the Act—erm, except the documents don’t show that at all, and that they needed the Act to secure those services. There has also been a lot of alarming signs about the quality of police intelligence about the make-up of the occupation (which many leaders subsequently ignored anyway). The OPP did see an increasing risk of violence the longer it dragged on, particularly by those in the occupation who felt they were “at war” with the federal government, along with growing anti-police sentiment (presumably because police weren’t doing their bidding to arrest members of the government). The Commission has agreed to hear CSIS’ evidence behind closed doors.

Here’s former CSIS analyst Jessica Davis on the quality of that intelligence, and yikes:

Ukraine Dispatch, Day 245:

Both Russian and NATO forces carried out annual nuclear exercises, while Russia carries on its false narrative that Ukrainians plan to detonate a “dirty bomb” on their own soil in order to blame Russia—information operations entirely. While this was happening, Russian forces targeted 40 towns in Ukraine, killing at least two more people.

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

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: Ford tries to escape testifying

Some drama is emerging from the Emergencies Act public inquiry, as we find out that Doug Ford and Sylvia Jones, his then-solicitor general, have refused to be interviewed by the Commissioner, and have refused to testify before it. Recall that just last week, Doug Ford said that he hadn’t been asked to testify when asked (because it makes no sense that he and Jones were not on the list). Well, today, we found out that they were asked, they refused, and now the Commissioner plans to summon them, but Ford intends to challenge that summons under the rubric of parliamentary privilege, which would seem to me to be abusing it, but there you have it.

https://twitter.com/SkinnerLyle/status/1584624171598086145

Meanwhile, the acting Ottawa police chief was testifying, and it was a lot more of the same when it comes to police not taking the threat of an occupation seriously, and them essentially ignoring the intelligence that was being forwarded to them, and lo, these “protesters” turned into an illegal occupation. There was also an email filed from RCMP Commissioner Brenda Lucki who said that they hadn’t exhausted all tools before the Act was invoked, for what that’s worth.

https://twitter.com/StephanieCarvin/status/1584574961339203586

https://twitter.com/aballinga/status/1584612932595638275

Ukraine Dispatch, Day 243:

Ukrainian officials are claiming greater success in shooting down drones attacking electrical infrastructure, but worries are now that Russia will try to detonate a “dirty bomb” within their territory as they have essentially announced the intention to do so and blame it on the Ukrainians doing it to frame Russia. If it wasn’t such a terrifying prospect, it would be really, really stupid. Meanwhile, doctors in the country are worried about spending the winter months in the basements of hospitals as electrical systems are under attack.

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Roundup: A potential recruiting ground

It was outgoing Ottawa mayor Jim Watson’s turn to present to the Emergencies Act public inquiry yesterday, and it sounds like he was also caught up in the thinking that the occupation would fizzle by the first Tuesday, as the previous protest convoy had done. The most interesting part was a transcript of a call between Watson and Justin Trudeau where Trudeau accused Doug Ford of hiding from his responsibilities, given that he checked out of this process early on, and that he was doing it for political reasons. There was also concern that the OPP and RCMP had not sent as many people as they promised. In response to the reported comments at the inquiry, Ontario’s current solicitor general sent a huffy missive to media outlets saying that they don’t interfere with police operations and ensured that they provided tools for Ottawa, which clearly, they did not. Of course, Watson also said that he feels the federal and provincial governments have “equal responsibility” for policing in the occupation context, which…is not how this works.

We also learned that CSIS didn’t believe the occupation had the involve of foreign actors, but they were concerned that this was going to be a recruiting ground for harder-edged, violent far-right groups (which is a pretty coherent concern that unfortunately seems to be growing).

Ukraine Dispatch, Day 237:

Approximately one-third of Ukrainian power stations have suffered damage from Russian attacks, either from missiles or kamikaze drones, as the regime tries to demoralise the Ukrainian people.

https://twitter.com/ZelenskyyUa/status/1582285715970613248

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Roundup: A minor Cabinet swap

As expected, there was a very minor Cabinet shuffle yesterday, and it was less of a shuffle than a two-person swap. Filomena Tassi takes over as minister responsible for the Federal Economic Development Agency of Southern Ontario, while the incumbent, Helena Jaczek, takes over as minister of public services and procurement. The reason? Tassi’s husband suffered two strokes, and has had a difficult recovery, so she requested a lighter workload, and Trudeau obliged. Jaczek, meanwhile, is a former Ontario health minister, so she’s not unaccustomed to big files. What is perhaps most significant is that Trudeau accommodated her in order to ensure that she didn’t have to choose between family and her job, which is a very rare thing, even in this day and age where there remains an expectation that women give up their jobs and careers in order to play caretaker roles. That kind of a signal should count for something.

Ukraine Dispatch, Day 189:

Inspectors from the International Atomic Energy Agency arrived at the Zaporizhzhia nuclear plant yesterday, in an attempt to stabilise the situation there. Meanwhile, president Volodymyr Zelenskyy says that his forces are attacking Russian positions along the entire front line, trying to retake the south as well as going on the offensive in the east. We’ll see in the coming days how effective this has been, but British intelligence suggests that there have been successes in three parts of the southern region, but didn’t give any details.

Good reads:

  • Following the shuffle, Trudeau said that Canadians have lost faith in the leadership of Hockey Canada, as they insist on retaining their CEO for some unknown reason.
  • Trudeau also said the government would look into allegations that a CSIS informant smuggled teenaged girls from the UK into Syria.
  • Chrystia Freeland insists that Albertans are “kind and welcoming” in spite of being accosted last week. (They’re kind and welcoming if you conform, you mean).
  • Pablo Rodriguez has belatedly condemned the antisemitic tweets from the “anti-racism” contractor his department hired.
  • Health Canada is expected to announce the approval of the omicron-specific boosters today (though this was for BA.1, even though BA.4 and .5 are dominant).
  • Fourteen months later, the military won’t say what their investigation into alleged atrocities caught on video involving Iraqi police yielded.
  • The CRTC announced that they will adopt 988 as a national suicide prevention hotline number, but it won’t be in operation until November of next year.
  • 325 First Nations are launching a class action lawsuit to demand reparations from the government for the cultural devastation wrought by residential schools.
  • The so-called “Centre Ice Conservatives” changed their name to “Centre Ice Canadians” to appeal to a broader audience (not that it’ll help).
  • Using their majority to circumvent the process, the Ford government bullied through a bill that can force people in hospitals into long-term care facilities.
  • The UCP leadership candidates had their final debate on Tuesday night, and it was as bankrupt of real ideas as you might expect.
  • Althia Raj talks to Elizabeth May about her decision to run for co-leader of the Green Party, and why that’s different from her time as full-on leader.
  • Paul Wells contemplates the “temperamental centre” of Canadian politics, and what that could mean for the two main federal parties going forward.
  • My column takes note of the fact that the government is experimenting in frank discussion when it comes to the wait times issues, which is a good first step.

Odds and ends:

For Xtra, I delved into the new Federal 2SLGBTQI+ Action Plan and got some reaction from stakeholders in the community.

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Roundup: Ford omitting the accountability part

Justin Trudeau met with Doug Ford at Queen’s Park yesterday, and Ford says that they are on the same page about the urgent need for healthcare reform, and that the status quo isn’t working. But what I find interesting is that Ford didn’t go into any details, the prime minister did put out a readout of the meeting later in the evening, and yes, healthcare was mentioned, but in a somewhat different context than what Ford told reporters after the meeting”

“They also spoke about pressures on the healthcare system and the importance of funding and accountability to deliver for Canadians. The prime minister emphasised that the Government of Canada is committed to continue working with provinces and territories to support public health systems that deliver quality healthcare for all Canadians.”

The use of accountability stood out for me, because this is what the federal government is pushing—ensuring that any future health transfers go to the healthcare system, and not a tax cut or to pad a province’s surplus like they did with the billions of dollars in pandemic aid that provinces were given. The premiers continue to balk at this, but we’re not all blind and dumb, and we can see them rolling around in money (Alberta and BC both announced higher-than-anticipated surpluses), so them not investing in their own healthcare systems when they obviously have the money to do so is not going to endear them to the federal government as these talks continue.

https://twitter.com/EmmMacfarlane/status/1564736954234814466

Ukraine Dispatch, Day 188:

The supposed counter-attack around Kherson has seen explosions of ammo dumps and bridges, but it remains difficult to see what is going on there. Russia claims they repelled the attack and caused hundreds of casualties, but they have lied about absolutely everything in this whole invasion thus far, so they are unlikely to be reliable sources. Russian forces elsewhere continued shelling the port of Kykolaiv, as well as Kharkiv in the north. Meanwhile, the International Atomic Energy Agency inspectors will need to cross an active battlefield to reach the Zaporizhzhia nuclear plant.

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