Tag Archives: GLBT

Roundup: The thing about the interim ethics commissioner

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The issue with the appointment of Dominic LeBlanc’s sister-in-law as the interim ethics commissioner has been nearly inexplicable, until you actually look at the position itself. The optics are absolutely bad, and a very real problem because of the whole issue around perceived conflicts of interest. The problem, however, is that they may not have had much choice in the matter given how the role is structured legislatively. While LeBlanc had no role in the decision, the PMO told CBC that the Privy Council Office—meaning the non-partisan civil service—is responsible for the decision, which no member of the government has stated to date, and you think they would have, if they could communicate their way out of a wet paper bag.

The legislated criteria for who can be the ethics commissioner is very restrictive—you need to be either a former judge, the formal head of a quasi-judicial administrative tribunal, or the former Senate Ethics Officer. Unspoken qualification is that you would also have to be bilingual, which limits your field even further, particularly for former judges. And while the salary was commensurate of that of a federally-appointed judge, the posting for the new commissioner cuts that by a third to bring it in line with other officers of parliament, which is going to make it all the more unattractive, particularly to former judges who are going to take one look at it and decide that they don’t need the aggravation for the amount of money they’re being offered.

There’s a reason why Mary Dawson’s term needed to be extended two or three times while they looked for a replacement. There’s a reason why they pretty much had no choice but to go with Mario Dion when he applied, because there was nobody else (and Dion was not the best choice on offer). And when Dion resigned the post suddenly (two years early) for health reasons, they were pretty much screwed because they couldn’t extend him until a replacement could be found. The solution was the most senior person in the office—said sister-in-law of Dominic LeBlanc—who has been there for ten years. And there is already an ethics screen in place regarding LeBlanc, to keep her out of any conflicts. It’s likely that PCO’s determination was that this was the best of a bad situation, but it’s not good. The interim commissioner doesn’t qualify to become the permanent commissioner, so this situation is temporary. But ultimately, this is a failing of the legislation, because MPs were trying to play tough when they brought it in, and wound up shooting themselves in the foot over it. And now there is an untenable situation because they boxed themselves in. Good job, guys. Your posturing has really paid off.

Ukraine Dispatch:

Ukrainian forces report that the Russian advance on the outskirts of Bakhmut has been “halted—or nearly halted.” President Volodymyr Zelenskyy marked the one-year anniversary of the liberation of Bucha, and the discovery of the horrors left in the Russians’ wake, making another call for justice for war crimes.

https://twitter.com/ukraine_world/status/1641810694852026369

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Roundup: Strange Five Eyes anxieties

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Every now and again, a weird little subplot turns up in Canadian politics centred around anxiety about our place in the Five Eyes intelligence-sharing alliance. Lately, this has been heightened because of the AUKUS agreement, which is mostly about Australia buying American nuclear submarines, and that’s the reason why Canada wasn’t invited to join. We as a country have not been having the necessary dialogue around replacing our submarine fleet (which we absolutely should be), so us joining AUKUS would be particularly ill-timed.

Nevertheless, this bit of anxiety crept up again over the weekend, whereby an American intelligence official needed to go on television in Canada to assure us that no, the leaks from national security personnel to media over allegations of foreign interference are not going to jeopardise our Five Eyes membership. But cripes, people—we have had far worse leaks in recent memory, be it Jeffrey Delisle, who was sending information to the Russians, or the allegations surrounding senior RMCP intelligence official Cameron Ortis (who is still awaiting trial). Are these leaks to the media damaging? Yes, of course, particularly because they seem very much to have a partisan focus to them. Is it going to get us kicked out of the Five Eyes? Hardly.

Ukraine Dispatch:

As Russian forces pound the town of Avdiivka, shifting away from Bakhmut, Ukrainian leadership is calling for an emergency meeting of the UN Security Council after Russia said it would be transferring tactical nuclear weapons to Belarus.

https://twitter.com/ukraine_world/status/1639971295113670656

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Roundup: No actionable intelligence?

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The Globe and Mail advanced the allegations surrounding MP Han Dong last night, apparently having received the same intelligence that Global did, and asked the PMO about it two-and-a-half weeks ago. Their sources say that PMO asked for a transcript of the conversation Dong allegedly had with the Chinese consulate, and deemed there to not be enough actionable in there. It does raise further questions about the leakers, and if they are leaking to both Global and the Globe and Mail, or if their sources remain separate.

https://twitter.com/JessMarinDavis/status/1638932464839147526

Nevertheless, both outlets’ reporting lacks crucial nuance or expert checking with former intelligence officials that can provide both context or a gut check. And the fact that a transcript was provided doesn’t entirely tell us if this conversation was in English or Mandarin, and if it was in translation that could lose context or proper nuance in the language, which are all important around how we are to evaluate the allegations. And irresponsible reporting is taking us into witch-hunt territory, which is going to get ugly really fast.

https://twitter.com/chercywong/status/1638869879351808000

Meanwhile, the House of Commons voted for a motion to launch a public inquiry immediately, but it’s non-binding, and the government is waiting on recommendations from David Johnston. It was noted that Dong voted for the motion, while Liberal MP Nathaniel Erskine-Smith abstained, later explaining over Twitter that he supports an inquiry but wants to wait for Johnston’s recommendations.

Ukraine Dispatch:

Ukrainian forces are gearing up for their spring counter-offensive as Russian forces are flagging in their assault on Bakhmut, but president Volodymyr Zelenskyy is warning European allies that unless they step up weapons shipments, the war could drag on for years. Zelenskyy visited the region around Kherson, and vowed to repair the damaged Russia had caused. Here are stories of Ukrainian fighters wounded in the fighting in Bakhmut, as they repelled Russian attacks. Seventeen children previously deported to Russia have been returned to Ukraine.

https://twitter.com/ukraine_world/status/1638932049380745217

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Roundup: Han Dong exits caucus over anonymous allegations

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Global News was at it again yesterday, and citing two anonymous sources, accused Liberal MP Han Dong of meeting with Chinese consular officials to counsel them against freeing the two Michaels, because doing so would somehow assist the Conservatives. Buried in the story is a throwaway line that CSIS has been tracking Dong’s calls with the consulate, which is a pretty big deal if true. But there’s a whole lot in this report that is troubling and suspect.

First of all, that there are two anonymous sources doesn’t really mean much because they could be using the same intelligence report. Intelligence is not evidence, and we’ve been over this time and again. Also, if Dong is an agent of the Chinese government, why would he be giving them advice on the matter rather than relaying Beijing’s lines in Canada? And how exactly would Beijing freeing the two Michaels help the Conservatives? (One Conservative strategist tweeted that having the two Michaels detained gave the Liberals cover to avoid making any decisions on things like Huawei, which still doesn’t make sense because the signals to industry were crystal clear at this point). The fact that he called the consulate without informing PMO or the minister of foreign affairs is the potentially problematic thing here, but even then, it makes it hard to use this as some kind of proof that he is an agent of their interests. But there is a pattern in this reporting about making salacious claims that are very hard to square with how things operate, particularly in the political sphere.

https://twitter.com/StephanieCarvin/status/1638701542525087747

In the wake of these allegations, Dong has resigned from caucus and will sit as an independent (and the video of his speech is pretty devastating to watch), and it’s because he was not afforded due process, or any kind of fundamental justice or the ability to face his accusers. One would hope for a bit of reflection when it comes to the media ethics (or lack thereof) on display here, but sadly I doubt that’s going to happen.

Ukraine Dispatch:

President Volodymyr Zelenskyy visited troops near the front lines at Bakhmut yesterday, while Russians rained more missiles down on the country, hitting an apartment building in Zaporizhzhia and a university dorm near Kyiv.

https://twitter.com/defenceu/status/1638659920831606784

https://twitter.com/gerashchenko_en/status/1638495718640893953

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Roundup: Commonwealth Day reminders

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Yesterday was Commonwealth Day, and also the ten-year anniversary of the Commonwealth Charter, which was supposed to be a project to spearhead the adoption of more common human rights legislation that would include better inclusion of LGBTQ+ rights in those Commonwealth countries where they are still an issue. In those ten years, that seems to have fallen off the radar, and I have barely heard any mention of that Charter at all, until when the anniversary was mentioned yesterday.

With anything related to the Commonwealth, we were guaranteed a bunch of bad media takes, and lo, for their inaugural episode, CTV News Channel’s new debate show had one of their topics as to whether Canada should stay in the Commonwealth or abandon the monarchy, which is a dumb false dichotomy because the vast majority of Commonwealth countries are not monarchies. Only fifteen member countries are Realms, meaning that we share Charles III as our monarch in a natural capacity (we each have separate Crowns), and newer members of the Commonwealth are not former British colonies, but have requested membership because they see value in the institution. Even if we did abandon the monarchy (which isn’t going to happen because it would mean rewriting our entire constitution and good luck trying to make that happen), we would still probably retain membership in the Commonwealth because of the relationships forged there, and it can be good forum for getting things done with countries.

Meanwhile, I’m going to re-up this interview I did with MP Alexandra Mendès, who is the chair of the Canadian Commonwealth Parliamentary Association, about the work these associations do and how Canada helps to train the legislatures and parliaments of smaller Commonwealth countries.

Ukraine Dispatch:

The battle near Bakhmut continues to rage, while the International Criminal Court is expected to seek the arrest of Russian officials responsible for the policy of forcibly deporting children from Ukraine, as well as their continued targeting of civilian infrastructure.

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QP: Poilievre tries to play prosecutor

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The stage was set for the showdown we have been anticipating for weeks, as the prime minister was finally in the House for QP after missing it in the last sitting week, and it portended to be nasty given the tenor of the previous episodes in the week. Pierre Poilievre led off, and he stated that the prime minister had previously stated he was unaware of certain allegations, which this morning’s Global story seemed to counter. Justin Trudeau first gave some bafflegab about taking interference seriously, but on this allegation he and his National Security and Intelligence Advisor have stated they had no information about financial transfers. Poilievre insisted this couldn’t be the case, and Trudeau reiterated that he had no knowledge of transfers, and then corrected the swipe at NSICOP in stating that its reports to Parliament. Poilievre tried to be clever about the redactions in NSICOP reports before again insisting that Trudeau must have known of these transfers. Trudeau pointed to where NSICOP reports can be found. Poilievre accused the prime minister of playing word games and insisted that he knew Beijing directed funds to candidates. Trudeau stammered about the redactions before repeating again they had no information on transfers of funds. Poilievre recited from the Global story, and one more time, Trudeau stammered about national security bodies. 

Christine Normandin led for the Bloc, and demanded an independent public inquiry. Trudeau stated that he wasn’t refusing, but he wanted recommendations from the special rapporteur. Normandin insisted that this wasn’t a partisan issue, and that they needed an inquiry, and Trudeau repeated that they needed the rapporteur to ensure they make the best moves, as some experts said an inquiry was not the right move. 

Jagmeet Singh rose for the NDP, and he also quoted the Global story, and demanded a public inquiry, and Trudeau reiterate that they wanted the rapporteur to ensure they got the right process. Singh took a swipe at Trudeau before repeating the question in French. Trudeau repeated that there are experts who dispute that they need a public inquiry, which is why they want the rapporteur to weigh in.

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Roundup: Listening to diasporic communities

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Because we’re still talking about the allegations of foreign interference in elections, journalists are now officially in the “badger and hector” stage of demanding the government call some kind of independent inquiry, which Trudeau refuses to do (for good enough reasons), and he’s getting a bit exasperated and even snappish in his replies to the same questions, over, and over, and over, and over again. (Oh, the memories of journalists demanding he invoke the Emergencies Act every single day at the start of the pandemic). More to the point, Trudeau did make a point of saying that it’s often diasporic communities, and the parliamentarians who come from them, that are at greatest risk of this foreign interference, and there has been a fairly tremendous silence in the media from those voices. It’s not just Chinese influence we need to be on guard for, but Hindu nationalism is also becoming a worrying force within Canada. Nevertheless, Power & Politics did get one activist on the air yesterday, and actually did some critical self-reflection and media accountability along the way, which is virtually unheard of, so please do check out that interview.

Meanwhile, Morris Rosenberg is now doing interviews about his report, and he talked about the recommendation to lower the threshold for making public these attempts at interference. Also, a reminder that we can’t assume that the leaks being fed to media are from CSIS—merely someone who has access to their reports.

https://twitter.com/StephanieCarvin/status/1631670700338446336

Meanwhile, there is a very good point being made that while NSICOP should be the venue by which these issues are being discussed, the government has not exactly acted on their recommendations in the past, and that remains a problem.

https://twitter.com/Dennismolin11/status/1631779724841066506

Ukraine Dispatch:

Russian Forces claim that they have nearly encircled Bakhmut, and are blasting bridges out to the west, but Ukrainian forces have not given up their positions just yet. President Volodymyr Zelenskyy reiterated his call with American and European officials that Russia needs to face war crimes prosecutions for is actions during its invasion of Ukraine. On a related note, a village outside of Kyiv is still digging up bodies from their brief Russian occupation.

Good reads:

  • Justin Trudeau says an Indigenous Commissioner of the RCMP is an “excellent idea,” and no. It’s the same toxic structure and culture and would change nothing.
  • Mélanie Joly and her Chinese counterpart had a testy exchange at the G20 meeting in New Delhi over the allegations of Chinese interference in elections.
  • The government plans to finally—finally!—start debate on their digital privacy bill after letting it languish on the Order Paper for the past nine months.
  • An autopilot software glitch has been identified as the cause of a military helicopter crash in 2020, and a fix has not yet been implemented across the fleet.
  • The Senate Speaker and two other senators are facing criticism for meeting with the Speaker of Israel’s parliament, who is a far-right figure in that country.
  • Surprising nobody, Google’s CEO is not accepting the summons to appear at the Commons’ heritage committee, but will send his country manages instead.
  • The Northwest Territories is calling out Alberta for not notifying them of an oil sands tailings pond spill into their shared waterway.
  • That BC company is walking back some of their claims about getting a licence to produce and sell cocaine commercially.
  • Stephanie Carvin gives a primer on what we’re talking about when we talk about intelligence (and why it’s not evidence, since people have difficulty with that).
  • Jessica Davis gives an explainer on just what constitutes foreign interference, and lists three recent examples of what does and doesn’t qualify.
  • Shannon Proudfoot imagines Pierre Poilievre through the lens of the Mr. Men books, and how he went from Mr. Mouth to Mr. Nothing to See Here.
  • Chris Selley points out that as of yet, nobody has bothered to challenge Quebec’s blatantly unconstitutional law to opt out of the Oath to the King.
  • My Xtra column wonders why the government hasn’t appointed a special envoy for LGBTQ+ issues, as many of our contemporaries have.
  • My weekend column points out that we shouldn’t need a public inquiry into election interference if MPs would be grown-ups and use NSICOP like it is intended.

Odds and ends:

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Roundup: Barton deflates his critics

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I’m sure that in the minds of MPs, yesterday’s meeting of the Government Operations committee was going to be the high point of the calendar. Dominic Barton was coming to testify, and boy, were they going to blow open the case about how McKinsey got so many contracts with the federal government, or about what Barton knew about the Perdue Pharma scandal, and if they were really good, they could draw some kind of line between Perdue, Barton, Justin Trudeau, and the opioid crisis, and then dine out for weeks on the clips.

It really didn’t turn out that way. I mean, sure, opposition MPs were showboating for all they were worth, whether it was Stephanie Kusie being obnoxious, Garnett Genuis trying to pick fights, or Gord Johns’ unctuous sanctimony. Yves-François Blanchet personally turned up to try and get answers about what McKinsey allegedly told the government about immigration levels. But all of it was pretty much for naught.

Barton largely shut down most of their lines of attack. No, he’s not a close personal friend of the prime minister—they don’t go to dinner, he doesn’t have his personal phone number, they don’t hang out. There was no personal relationship so it didn’t win McKinsey any government contracts, and he wasn’t involved in any of those contracts regardless because he had been in Asia since 1996. He also denied knowing what McKinsey was doing with Perdue Pharma, because it wasn’t his area of responsibility, and he asked several times if they understood how a company like McKinsey operates. Really, he was asked to serve his country, and he did because he wanted to give back, is how he tells it. He also made the point that the civil service’s human resources systems are week, and need to be revamped with better training for civil servants if they want to cut down on the reliance on outside consultants, and he’s absolutely right about that (and yes, I have talked to people who study these things about that).

In all, it was just another example of how our Commons committees are largely dysfunctional and are nothing but theatre that we were unfortunate enough to be subjected to for two solid hours of bullshit. Because our Parliament is such a serious institution these days.

Ukraine Dispatch, Day 344:

Russian forces shelled Bakhmut and ten towns and villages surrounding it, as they continue their advance on the strategically important city. (There are a couple of accounts of life in Bakhmut currently, here and here). As well, they destroyed an apartment building in Kramatorsk, because you know, they’re totally not targeting civilians. Meanwhile, president Volodymyr Zelenskyy’s crackdown on graft continues, with a raid carried out at the Tax Office and the home of a former interior minister.

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Roundup: Ford getting huffy about his Greenbelt plans

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There was a hint of defensiveness from Ontario premier Doug Ford yesterday when he was asked about comments that the federal environment minister Steven Guilbeault made about the plans to develop parts of the Greenbelt. Guilbeault had pointed out that the plan goes against plans for dealing with climate change, and that he could look at potential federal tools to stop those projects, though later his office clarified that there are currently no projects proposed, so this was about potential legal processes to protect nature, which is fair enough, but is really getting up to the line on what he can actually do there.

Doug Ford, however, got a bit huffy and insisted that this is his jurisdiction, and then blamed the federal government’s immigration targets for needing to open up new spaces for housing development, which is bullshit because Ford has the tools to force cities to end exclusionary zoning that prevents densification, but he chooses not to use them. As well, much of the Greenbelt is on watersheds so you really don’t want to build housing there because it’ll be at high risk of flooding, and good luck getting those properties insured. It’s really not the place you want to build housing, so Ford is really not making any good case there for carving up those protected areas.

Of course, Jagmeet Singh also chimed in and demanded that the federal minister use his “tools” to stop the development, citing both the Species at Risk Act and the Impact Assessment Act as possibilities, but that’s on some pretty thin ice. To use the Species legislation, well, you need to prove there is endangered habitat there, which may not be a relevant consideration in those particular places. And the Impact Assessment Act would be going out on a very big limb to try and assert jurisdiction there because there is unlikely to be an interprovincial federal effect to hang it on (such as increased GHGs or mine runoff). Yes, the minister currently has the power to add any project in exceptional circumstances, but I’m not sure this would qualify, if those powers are around much longer, because they’re being challenged in the Supreme Court of Canada in March, and this is far less of a sure thing than the carbon pricing legislation. Once again, there are very few ways for the federal government to swoop in and assert jurisdiction, and they may not have the ability to come to the rescue of the Greenbelt (and yes, Ontarians are going to have to organise if they want to stop the development).

Ukraine Dispatch, Day 339:

Renewed Russian shelling in the east and south killed ten Ukrainian civilians and wounded twenty others. President Volodymyr Zelenskyy says that Russians are focusing on Vuhledar and Bakhmut, methodically destroying towns and villages as they go. Meanwhile, here’s the tale of Canadian medic serving on the front lines near Bakhmut in Ukraine.

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Roundup: Danielle Smith and prosecutorial independence

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Because it never ends in Danielle Smith’s Alberta, we learned last night that members of her staff were indeed calling up Crown prosecutors to totally not pressure them on cases, only it wasn’t around public health order rule-breakers—it was around those arrested as part of the blockade at the Coutts border crossing. Remember that? Where they arrested Diagolon members for their plot to murder RCMP officers, where they had a hit list? Yeah, totally normal for the premier’s office to be calling them up and totally not pressuring them by asking if those prosecutions are in the public interest, over and over.

https://twitter.com/emmmacfarlane/status/1616209929165213696

When news broke, Smith denied that she was in contact, or that anyone in her office was…except there are emails, and her story around totally not pressuring those very same Crown prosecutors around pandemic rule-breakers kept changing, depending on which media outlet she was talking about, so her denials are pretty hard to believe, especially since she didn’t seem to understand how pardons work in Canada until earlier this week, by which point her story had changed about six or seven times (and is probably still changing).

Of course, I don’t expect that anyone is going to resign or be fired for this, because that would mean that someone would need to possess enough self-awareness, or have a shred of humility, or even be capable of feeling shame for their actions, and that’s pretty much a foreign concept in Smith and her cadre. And all of those voices who were having meltdowns about the Double-Hyphen Affair and the alleged pressure being applied to Jody Wilson-Raybould (which my reading of the situation seems to have largely come from Bill Morneau’s office) are strangely silent about what happened here, because I’m sure it’s totally different.

Ukraine Dispatch, Day 331:

Ukraine is awaiting the decision of allied governments and particularly Germany about providing them with modern tanks, especially Leopard 2 tanks (which Germany controls the export licences for) as they meet at the Ramstein Air Base in Germany. Meanwhile, here are some testimonials from Ukrainian soldiers who are big fans of the armoured vehicles we have sent them so far, with another 200 on the way.

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