Roundup: Misreading Friday’s decision

In light of Friday’s Supreme Court of Canada decision on the Impact Assessment Act, Conservatives are already making some pretty stupid demands, like this one from MP Shannon Stubbs, who wants to move a motion at the Natural Resources Committee to repeal the old Bill C-69—except that it’s not what the Supreme Court ruled on, it’s a complete misreading of what the ruling was, and more to the point, would try to repeal the parts that are constitutional, and create even more uncertainty in the market. If people think that the system that the Harper government put into place was somehow better, all it did was ensure that project approvals wound up in litigation because there was too much uncertainty and ambiguity in the rules, and it didn’t do anything to speed approvals like they claimed it would.

For those of you who aren’t quite following, the thrust of the Court’s ruling was not that the whole scheme is unconstitutional, but rather that the list of things the federal government put into the Act in order to trigger a federal environmental assessment was overbroad, particularly around the issue of treating greenhouse gas emissions as an automatic federal issue because it’s a cross-boundary effect. That was too broad for the Court’s liking, so they’re essentially telling the government to narrow the scope of what triggers an assessment—that’s it. As previously stated, the Court explicitly rejected the notion that a “provincial” project is immune from federal assessment, so any talking points related to “exclusive jurisdiction” are also bogus, but so many people are proving that they either didn’t bother to read the decision, or if they did, certainly didn’t understand it.

Meanwhile, here’s another explanation of Friday’s ruling, this time from Martin Olszynski, Nigel Banks and David Wright.

Ukraine Dispatch:

On the 600th day of Russia’s illegal and unjustified invasion of Ukraine, their assault on the city of Avdiivka appears to be losing steam, after Ukrainian forces repelled 15 attacks from four directions over the previous 24 hours. Russians are also apparently looking to pierce the front lines in the Kupiansk-Lyman area on the country’s northeast. Elsewhere, Russia launched another overnight attack, with five missiles and twelve drones, focused on the western part of Ukraine.

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Roundup: The “red line” of pharmacare

It was the big NDP biennial policy convention this weekend, and amongst litany of policy resolutions that the party was in violent agreement with (waaaaaaay more in lockstep with one another than either the Liberals or Conservatives tend to be at their own policy conventions), the one that everyone kept talking about was the emergency resolution that delegates unanimously adopted was to make pharmacare a red line with their deal with the Liberals. The problem, of course, is that the real problem for the government is that they need nine more premiers to sign onto pharmacare if they want it to actually happen, and the NDP seem oblivious to this fact, and think that they can create an opt-in system which a) won’t work without provincial buy-in from the start, and b) wouldn’t achieve the necessary savings unless every province has actually signed on so that you get the proper economy of scale happening. (All of this is laid out in the column I wrote a week ago). So while it’s all well and good to posture over this “red line” and threaten to go to an election over it, I still have yet to see Jagmeet Singh publicly harangue David Eby about signing onto the programme, like he refused to do with John Horgan before Eby, particularly when Horgan was being obstructionist on healthcare reforms.

Meanwhile, Singh used his speech at the convention to acknowledge the restlessness of the base and to talk about how difficult it is to work with the Liberals, which is kind of funny because the “difficulty” is mostly just pushing on an open door and complaining that things aren’t happening fast enough, because the NDP seem to have little idea about process, or the finite capacity that exists in government to get everything they want done in an unrealistic timeline, like with dental care. They’ve done absolutely none of the heavy lifting, so I find it somewhat risible that they’re complaining about how hard it is.

In her analysis of said convention, Althia Raj hears five reasons from NDP grassroots members as to why they’re sticking with Singh in spite of his disappointing electoral results. Raj also notes the fairly low score that Singh got in the leadership review votes, and has her thoughts on his speech to the membership.

Ukraine Dispatch:

Russian drone attacks killed six people in attacks on Kherson and the surrounding region, as Russians forces have started pushing forward at the front lines once again. Part of that drive continues to be at Avdiivka, where they pounded it for a fifth straight day, killing two more civilians.

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

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: Cancelling an invitation that was never issued

Danielle Smith is at it again, claiming that accepted “on behalf of the Government of Alberta” an invitation to appear at the federal environment committee next week, and that she was sent a letter “rejecting my attendance.” The problem? It’s yet another load of horseshit from Smith, because she was never invited to the committee. Two of her ministers were invited, and she thought that she could just show up and put on a dog and pony show, but that’s not how committees work. You can’t just invite yourself to appear. The witnesses are agreed to by all parties beforehand and a motion is passed to send the invitations. Even if she’s premier, Smith can’t just attend in place of the invited ministers—again, that’s not how committees work.

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In any case, the meetings were cancelled because it was really about hearing from Suncor’s CEO, and they declined, so the committee abandoned that line of testimony, but in any case, Smith is lying again, and trying to spin this into some kind of federal-provincial flamewar, and people shouldn’t treat her with any level of credulity.

Oh, but wait—The Canadian Press did just that, and the headline on the wire overnight repeats the bullshit that her appearance was cancelled, which again, is not true because she wasn’t invited, and in the meagre text of the piece, it both-sides the whole thing, because of course it does. This is utterly irresponsible of CP, who should know better.

Ukraine Dispatch:

There has been fierce fighting around Avdiivka, as Russians have been moving troops and equipment there to try and make a push to show that they’re still capable of making gains in the country as they lose territory elsewhere in the counter-offensive.

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Roundup: Scoring cheap points in a tragedy

The past few days have been preoccupied by the Hamas attack on Israel, which has killed as many as a thousand, including attacking villages and killing the elderly and infants. We know that so far, two Canadians have been confirmed killed, while others have been kidnapped and taken hostage. After refuting claims that the embassy in Tel Aviv was closed for Thanksgiving, the federal government is preparing airlifts for Canadian citizens and permanent residents out of Tel Aviv, likely using military aircraft. Ahmed Hussen has also stated that humanitarian aid will continue to flow to the Palestinian people, particularly in light of the humanitarian crisis that is to come as the Gaza strip is under siege, with assurances that there are robust controls to ensure that Hamas doesn’t see any of this funding (as they are listed as a terrorist organisation under Canadian law).

Back home, there has been pretty universal condemnation of Hamas from political leaders, but that doesn’t mean that politics haven’t been played. After Justin Trudeau and Pierre Poilievre were at the same event over the weekend to show solidarity with the Jewish community, Poilievre decided to immediately return to his dickish self and try and score points on the non-scandal that Canada was not included in a communiqué between the Americans, the UK, France, Germany and Italy. A number of pundits and talking heads clutched their pearls and cried that we were excluded, some news reporters incorrectly framing this as the G7 (which was also minus Japan), when it turned out that this was a meeting of the Quint, which is a separate, nuclear-armed organisation that Canada is not a part of. While most reporters and outlets quickly clarified this, Poilievre decided to use it to rage-farm and claim that Trudeau has “side-lined Canada,” which is bullshit, but you’ve got a bunch of pundits on their fainting couches over this when they should know better, and Poilievre couldn’t resist the urge to score points over this, which should be unconscionable, but he likes to keep proving that there is no bottom with him.

Matt Gurney points out that this conflict has given us a pogrom in realtime over social media, but that most people aren’t seeing it because of how news outlets sanitize the graphic elements that would inevitably galvanize them.

Ukraine Dispatch:

Russia’s latest drone attack targeted the Odesa, Mykolaiv and Kherson regions, with Ukraine’s air defences downing 27 drones. The counter-offensive continues to make gains in the east and the south. Ukrainian officials are investigating 260 instances of abuses at military recruitment offices, much of it related to bribery. President Volodymyr Zelenskyy replaced the country’s territorial defence forces commander, before he left to visit neighbouring Romania to strengthen ties and talk regional security.

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Roundup: A backbencher breaks ranks

There are tongues wagging because backbench Liberal MP Ken McDonald has twice now voted with the Conservatives on their performative motions to cut the carbon price. McDonald, who represents a rural riding in Newfoundland and Labrador, complains that the carbon price is making life too unaffordable for people in regions like his that have no choice but to heat their homes with heating oil and to drive trucks, but along the way he seems to have missed the rebate payments, which are enriched for rural Canadians in the provinces where the federal price is the system in place. (He also thinks that Steven Guilbeault is the wrong person to sell this policy because he’s too entrenched as an environmentalist).

I have some particular difficulty with this notion that there is a particular helplessness around rural Canadians when it comes to their fossil fuel use, because there are usually options that they simply ignore—at least there are in places like rural Alberta, where I’m from, but maybe it’s different in rural Newfoundland. In any case, the government has any number of programs to retrofit homes with better insulation, to exchange oil heaters for heat pumps, and too often, the notion that “I need a truck because I live in the country” tends to mean that people buy fuel-inefficient F-150s that are actually less useful for their needs than they like to pretend. In addition, the carbon price has a negligible effect on inflation, and McDonald was repeating some of the Conservatives’ talking points that don’t necessarily reflect reality so much as they “feel” like they could or should be true even though they’re not, and that’s a problem. Simply cutting the carbon price won’t have a real impact on prices, would mean not getting the rebates, and more to the point, would not push people to make changes to reduce their exposure to those prices where they can, and we need an all-hands-on-deck approach to emissions reduction.

As for McDonald, he doesn’t seem to have suffered any particular consequences for these votes, which is fine, and he shouldn’t because we should allow MPs to break ranks on some issues. That’s how things should work. But I do worry that the bigger issue here is an inability to communicate the programme and the solutions available to help his constituents instead of just buying into the Conservative lines.

Programming note: I will be taking the full long weekend off because oh boy do I ever need it after the past three weeks. See you Wednesday!

Ukraine Dispatch:

A Russian rocket struck a café and grocery store in Hroza, in the Kharkiv region, killing 51 people including a six-year-old, which is one of the deadliest single strikes. In addition, other strikes his grain silos in Izmail. President Volodymyr Zelenskyy was in Granada, Spain, to meet with EU leaders and plead for more aid, now that the budget showdown in the US is endangering their contributions.

https://twitter.com/ukraine_world/status/1709968477107138925

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Roundup: More apologies for past honours

In the wake of the black eye that Canada collectively received after former Speaker Anthony Rota’s embarrassing blunder in recognising the Nazi-aligned veteran in the House of Commons, there has been some more soul-searching institutions around similar figures that that particular veteran. The University of Alberta returned a donation from said veteran to be used for their Ukrainian Studies programme, but more problematic for the institution was their former chancellor, Peter Savaryn, who was in the same Waffen-SS Galacia Division unit, and now Rideau Hall has apologised because Savaryn had also been granted the Order of Canada back in 1987, citing limited information sources at the time.

This has led Jewish groups in particular to call for the government to open up the archives related to the Deschene Commission, which looked at potential war criminals who resettled in Canada after the war, but a great many of their findings were redacted and kept secret. Prime Minister Justin Trudeau says that senior bureaucrats are reviewing the Commission report, and considering making more of it public. But this is also being used as a political wedge. Conservative deputy leader Melissa Lantsman is demanding the government take action on this, but meanwhile, one of her own MPs, Gérard Deltell, was saying in the media that he doesn’t think they need to revisit this history, that the past should remain the past.

But this isn’t necessarily a black-and-white issue, particularly for some Ukrainian communities in this country because they saw those people as nationalists who were using any means necessary to fight the Russians, who had already invaded and subjected them to a genocide—the Holodomor—and one suspects that Cold War considerations meant that it was in our interests to focus on the anti-Soviet aspect of their records during that period. But there are also a number of monuments to those Waffen-SS Galacia Division units across this country, particularly in private Ukrainian cemeteries, because of that complicated history, and it’s something we should have a national conversation and perhaps reckoning about sooner rather than later. But we need to be aware that this is fraught territory, and will be difficult for some.

Ukraine Dispatch:

Ukraine has carried out a drone strike on a Russian defence complex over the border in the Belgorod region, which is a rare admission of such an attack. This as Russians are claiming that they shot down a major Ukrainian drone offensive on their border regions. Meanwhile, the IMF says that Ukraine’s economy is expected to keep growing next year.

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Roundup: A cut or not a cut of the defence budget?

Yesterday morning, the CBC had a story about the department of national defence looking to cut $1 billion from its books as part of the government’s ongoing spending review, and people lost their gods damned minds, both in Canada and in some international venues. The story was based on comments that were made at committee by the chief of defence staff and the deputy minister, and they talked about how it was going to be challenging to meet these reductions while worrying about capabilities. This was a bit of a surprise, because Anita Anand had previous said that defence was going to be exempt from her cost-cutting demands, but the comments from General Eyre and the deputy minister sounded like DND volunteered to do their share (which I always treat with suspicion—the previous Auditor General made his own pledge to do his part to make cuts as part of the Deficit Reduction Action Plan™, and lo, wound up delaying badly overdue IT upgrades that his successor needed to beg Parliament for more resources to deal with). And because this is not my first rodeo, I immediately presumed that what this likely means is the accounting game of shifting certain spending into future years or re-profiling some committed dollars that they can’t spend (because they simply don’t have the capacity to spend their current allocation), but a whole lot of people who should know better freaked all the way out.

This came up in Question Period, and Bill Blair was present, but he didn’t really answer the question—he took a swipe at the Conservatives for their record of cutting defence spending to below 1 percent of GDP (indeed, here’s a look back in history of Harper complaining to Peter MacKay that he didn’t cut the military enough) and then read some bland pabulum that didn’t even approach answering the question—because that’s what this government does. It wasn’t until nearly 4 PM that Blair posted a thread to Twitter about how they were still increasing the defence budget, and these $1 billion in savings were internal measures like cutting back on travel and consultants, but noted the spending commitments they’ve made like NORAD modernisation, and ships and planes, and so on.

It absolutely mystifies me as to how this message-obsessed government took almost eight hours to craft a response to this news story that when they could have shut down the hysterical reaction to it in mere minutes had they simply sent out a similar tweet first thing in the morning. There is nothing in there to demonstrate why it took eight hours. They could also have had Blair give a reasonable response during QP that would have simply said “This reporting is exaggerated, we are looking for some efficiencies, but overall defence spending is still increasing,” and it would have defused everything. But they didn’t, either because they’re inept, or it takes them that many hours to get sign-off from Katie Telford’s office, which is a sad sign about where this government is at. But nearly eight hours for this kind of response to the story is unacceptable, and it’s a real-time demonstration in why things need to change at the top with this government.

Ukraine Dispatch:

The first American Abrams tanks are being delivered in the eastern front, in the hopes they will make a difference. President Volodymyr Zelenskyy marked the 82nd anniversary of the Babyn Yar massacre by Nazi forces.

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Roundup: Danielle Smith threatens to use a magical incantation

Alberta premier Danielle Smith has launched a new ad campaign trying to agitate against the federal government over the clean electricity regulations, trying to get other provinces to similarly fight back against them, claiming that people will freeze in the dark, and there will be rolling blackouts, and so on. None of this is actually true, and the fact that energy prices in her province have shot up have little to do with the clean electricity transition than the choices that her government made around how those prices are regulated. She has also lied and said that because the federal regulations use the criminal law powers that energy CEOs will be jailed in 2035 if they still use natural gas—an absolute falsehood that is not only lurid for the sake of scoring points, but ignores that not every criminal penalty is jail, but can mean large fines (because fines over a certain size become the domain of criminal law instead of administrative monetary penalties.

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The most hilarious part, however, is that Smith is “threatening” to invoke her risible “Sovereignty Act” to fight these regulations, which will do absolutely nothing. She might as well threaten to use a magical incantation for all of the good it will do. Unfortunately, there are far too many credulous journalists and pundits who actually believe that this kind of magical incantation has any power, which is disappointing and allows Smith to continue with her nonsense.

Anyway, here’s Andrew Leach with some actual facts that Smith is missing.

Ukraine Dispatch:

Not a lot of news out of Ukraine yesterday, except for a visit from NATO Secretary General Jens Stoltenberg, who says that Ukraine is gaining ground in their counter-offensive, while president Volodymyr Zelenskyy continues to call for more air defences, given how many drone attacks they have been under in recent nights.

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Roundup: No resignation from Rota, chaos ensues

The fallout from Friday’s incident in the House of Commons where Speaker Anthony Rota recognised a Ukrainian veteran who had served with a Nazi-affiliated unit was a complete and utter gong show yesterday, as Rota did not offer his resignation as he should have, and the day simply spiralled out of control. Both the NDP and the Bloc have called for Rota to resign, and the Liberals have been doing this weird hinting that he needs to “really think about” whether he can maintain confidence, without just coming right out and saying he can’t, while only the Conservatives have been de facto rushing to his defence by trying to blame Justin Trudeau and the PMO for what happened, in a stunning display of bad faith and mendacity, while also apparently trying to shield an incompetent Speaker whom they want on the job because he’s so lenient with them. The prime minister did make a brief statement about how this was an “embarrassment,” but didn’t call on Rota to resign either.

Much of the bad faith arguing was a deliberate conflation from every single Conservative between security screening and political vetting. The 98-year-old veteran was not a security threat. All security screening was followed. What he was not subject to was political vetting, as the Speaker is not subject to the PMO, and his office submitted their guest list to the Parliamentary Protocol Office who doesn’t share the list with PMO, and which doesn’t to background checks or vetting for political embarrassment, because that’s frankly not their job. The fact that there is a reporting relationship between the Parliamentary Protective Service and the Minister of Public Safety also has nothing to do with political vetting, as it’s not their job, and they don’t (and couldn’t) do background checks on everyone who visits the Hill, because that would be insane. Nor should PMO be doing this, as has been the assertion from a great many people who should know better, which is again utterly ludicrous.

Compounding the mystifying behaviour yesterday was Government House Leader Karina Gould trying to move a motion to strike the mention of said individual from the record, but also to have the audio-visuals scrubbed as well, which is weirdly Stalinist behaviour. While I get the impulse to try and remove the taint of his visit from the record, and that Parliament has done this in committee when Conservative MP read the manifesto of a mass shooter into the record, this was nevertheless fairly gross and disturbing, and the Conservatives objected (which also turned into an absolute gong show as this went down, and Rota was, yet again, out of his depth in the Chair).

So while we await Rota’s resignation, which cannot happen soon enough, we’re seeing Russian propagandists having a field day with this. But should Rota finally do the right thing and resign, the session will need to suspend, possibly for a day or two, so that the election of a new Speaker can take place. The likely two candidates are Conservative Chris D’Entremont and Liberal Alexandra Mendès, currently the deputy and assistant deputy Speakers, and we’ll see how this ends up. But Rota has to resign, immediately.

Ukraine Dispatch:

Russia’s early-morning attack on Odessa Monday has killed four people and caused significant damage to infrastructure at their grain storage facilities. There were early morning attacks today against the grain port at Izmail. Meanwhile, Ukrainian officials say that their attack on Russia’s Black Sea Fleet headquarters in occupied Crimea last week killed 34 officers including the fleet commander.

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