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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QP: Gathering clips about ArriveCan

The prime minister was in town but not present, though his deputy was. The Auditor General’s report on ArriveCan had dropped earlier in the morning, and we all knew this was going to led the day, even though not every leader was present to make hay with it, or to harvest clips for their socials. Pierre Poilievre started off in French, and linked the $60 million spent on ArriveCan to people lining up at food banks, which is utterly specious, and denounced the app. Dominic LeBlanc stated that they read the report and accepted the recommendations, and that rules were not followed when they expected them to be. Poilievre insinuated that Trudeau was present and hiding behind his minister when he wasn’t, and then railed about the app again. This time Jean-Yves Duclos read his own thanks to the Auditor General, and said that many of the recommendations have already been implemented and the rest will be shortly. Poilievre switched to English to repeat his earlier specious connection between the economic situation and the spending on this app, and LeBlanc reiterated that they called for investigations they learned of allegations, and that they will hold those found responsible to account. Poilievre insisted that the prime minister could have stopped this, which is a huge reach, and Duclos listed measures they have implemented to improve contracting. Poilievre tried once again to insinuate that Trudeau was present and not answering, and said the money could have been better spent on inspecting containers at ports smuggling out stolen cars. LeBlanc said they have no lessons to take from a party that slashed the border inspectors when they were in government. 

Alain Therrien led for the Bloc, and declared there to be a consensus on advanced directives for assisted dying, and wanted them legalised. Arif Virani says that they will be working with Quebec on next steps. Therrien repeated his demand, taking swipes at the Conservatives in the process, and Virani reiterated that they want to treat these issues in a thoughtful way.

Jagmeet Singh rose for the NDP, and pretty much stole Poilievre’s lines on ArriveCan, to which Duclos again thanked the Auditor General for her report, and that changes were being made. Singh repeated the question in French, and LeBlanc recited his lines about identifying the series of practices not being followed.

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QP: Who has more connections to Loblaws lobbyists?

The prime minster was present as is customary for a Wednesday, while his deputy was away. All of the other leaders were present as well for a second day in a row. Pierre Poilievre led off in French, citing rental increases as though that were a federal jurisdiction. Justin Trudeau cited a Conservative MP pointing out that the government has new announcements every day, which Trudeau agreed, that they were rolling out programmes to help Canadians and speed up home building. Poilievre insisted that the government just bloats bureaucracy but doesn’t build houses. Trudeau called him out for insulting mayors and using the homeless as props while offering nothing. Poilievre cited CMHC figures and population estimates for needing another five million units. Trudeau said that they were investing in municipalities to decrease red tape and accelerate building while increasing densification. Poilievre switched to English to repeat his first question, to which Trudeau repeated his same response. Poilievre trotted his line that people can’t live in programmes and announcements, to which Trudeau walked into the trap by pointing to an announcement he made about investments made years ago turned into houses today, and accused Poilievre of insulting mayors and people’s intelligence. 

Yves-François Blanchet led for the Bloc, pointed to the government delaying the expansion of MAiD and that if the Conservatives get in, they will lock it down when the delay expires. Trudeau said that they are upholding fundamental rights and freedoms, but this is a difficult issue that they will “continue to reflect” on. Blanchet wanted the government to adopt Quebec’s request for advance requests, to which Trudeau insisted this was an very difficult decision for them to make as a society.

Jagmeet Singh rose for the NDP, to demand the government support his bill on grocery prices. Trudeau noted that they have measures in the Fall Economic Statement that align with the NDP proposal, and trotted the accusations around Jenni Byrne. Singh switched to French to repeat the demand, and Trudeau repeated his same response. 

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QP: Keeping up the focus on auto thefts

Both the prime minister and his deputy were present today, as were all other leaders, and it wasn’t even a Wednesday. Pierre Poilievre led off in French and complained that CBSA was only inspecting one percent of containers, and demanded that the government do more about it. Justin Trudeau responded that organised crime is largely responsible for car thefts, which is why they sent $121 million to Ontario, which the Conservatives voted against. Poilievre complained that the money was just going to managers, and demanded the government agree to his “plan” of buying new container scanners. Trudeau noted that they had to rehire the border officers that the Conservatives fired when they cut their budget. Poilievre switched to English, and claimed that the Conservatives cut car thefts and Trudeau saw them explode, which is a bit of specious reasoning. Trudeau noted that this would be more credible if the Conservatives didn’t vote against their plans to invest in the border. Poilievre insisted that his plan would scan every single container in the four major ports, to which Trudeau again reminded him that the previous government which Poilievre was part of fires the very boots on the ground he touts. Poilievre then pivoted to the invitation to Yaroslav Hunka to a Toronto event for Volodymyr Zelenskyy and demanded Trudeau resign like the previous Speaker did. Trudeau said that this was a slam against the Ukrainian Canadian Congress, and that it shows the Conservatives no longer support Ukraine.

Yves-François Blanchet led off for the Bloc, and demanded support for a Bloc bill to remove the religious exemption for hate speech. Trudeau said that he agrees that there was no place for hatred and that Canadians need to stand against it no matter how it manifests. Blanchet insisted that law enforcement needs the ability to make those arrests. Trudeau said that they know it’s important to defend the Charter while standing against hate speech and glorification of violence.

Jagmeet Singh rose for the NDP, and demanded the government impose new taxes on grocery giants, and accused them of not being tough because the housing minister got donations from the Sobey’s family. Trudeau read a script about the changes to the Competition Act they have made. Singh repeated his demand and insinuation in French, and got the same scripted response in French.

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QP: Calling out Poilievre’s chief advisor

The prime minister and his deputy were both in Toronto and surroundings, while most of the other leaders were also absent. Pierre Poilievre led off in French, and worried about the number of Mexicans claiming asylum with a low acceptance rate, and demanded the government do something about it. Marc Miller said that there were diplomatic discussions happening, and he wouldn’t pre-empt those with a statement in the House. Poilievre then pivoted to auto thefts, and blamed the federal government for the rise. Dominic LeBlanc said that while Poilievre likes to invent blame, they are working with provincial partners and there is a summit next week on the subject. Poilievre repeated the accusation in English, and LeBlanc repeated that they did strengthen bail conditions to close the “loophole” he was concerned about. Poilievre again insisted that this was all about “catch-and-release” bail, and this time, Arif Virani said that the Conservatives are voting against measures to combat organised crime. Poilievre then went on a misleading tear about the Bank of Canada, and Anita Anand gave a canned line about the lowest debt in the G7 and the programmes they rolled out to help Canadians.

Christine Normdin led for the Bloc, and she cited a CMHC report about housing in Quebec because the population is growing too fast, and blamed the government for letting in too many immigrants. Marc Miller found it curious that they say they didn’t want to blame immigrants but still were anyway. Normandin repeated her same question, and Miller said that they can’t treat asylum seekers like cattle and just ship them around at whim.

Alexandre Boulerice rose for the NDP, and he blamed the government for high grocery prices because he alleges they are too close to grocery giants. Sean Fraser listed measures the government has taken to increase competition in the marketplace. Don Davies asked about the Manulife deal with Loblaws, which is not federal jurisdiction. Mark Holland patted himself on the back for helping to achieve savings with prescriptions through things like bulk purchasing.

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QP: Memory-holing past indifference

The prime minister was elsewhere, meeting with the president of the Slovak Republic, who is currently on a state visit to Canada, but his deputy was present for a second day in a row (which is a rarity these days). Pierre Poilievre led off in French, and mocked the prime minister saying that all spending has been absolutely necessary, but noted that a large percentage of consultants hired for ArriveCan resulted in no work done, and demanded the money be recovered. Chrystia Freeland said that Canadians understand that when Conservatives talk about spending, they want to cut things like dental care and child care. Poilievre said that the ArriveCan app was an example of “corruption,” and then railed that the Bloc did an “about face” on their support for Bill C-234, and demanded the government pass it in its original form. Freeland insisted that while she can’t speak for the Bloc, the nation of Quebec understands the need to combat climate change. Poilievre switched to English to repeat that number of ArriveCan contracts were not fulfilled and demanded the money be recouped. Freeland insisted that the Conservatives only want to cut services. Poilievre then pivoted to Trudeau’s vacations, and demanded to know if he paid the “full carbon tax” on each ton of emissions. Freeland asked if he knows how much the heating of Stornoway costs, and that the government was helping people with climate rebates. Poilievre insisted that he pays for his own vacations, and demanded that the government undo the amendments to Bill C-234 and pass it. Freeland pointed out that Poielivre also doesn’t pay rent on Stornoway, and that he wants to take away the climate rebates people rely on.

Alain Therrien led for the Bloc, and decried Quebec’s settlement capacity for immigrants and refugees, and railed that this was impacting housing. Sean Fraser praised the agreement that they came to with Quebec to build more houses. Therrien railed that immigration levels were still going up, and demanded the targets be lowered. Marc Miller pointed out that they already have an agreement with Quebec to manage its immigration levels.

Jagmeet Singh blamed the Liberals for the housing crisis in Toronto, and demanded they capitulate to Olivia Chow’s blackmail. Freeland praised Toronto, and said they were having “constructive conversations” with the city and the provinces, and that they have given more than any previous government. Singh switched to French to decry that the government has called for another investigation into grocery chains rather than taking action. François-Philippe Champagne said that the best solution is for more competition, and that he has asked the Commissioner to use his new powers for this.

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Roundup: A surprise substitution

As the parliamentary calendar ramps up, the president of the Slovak Republic is making a state visit to Canada today, but there’s just one little hitch. The Governor General, Mary May Simon, has COVID, and can’t engage in the usual diplomatic protocols of the initial meeting, and hosting a state dinner. Normally this would then fall to the Chief Justice of the Supreme Court of Canada, who is also the Deputy to the Governor General—except he appears to be out of town, as he was most recently visiting the Hague where he spoke at the sixth Judicial Seminar of the International Criminal Court, and met with other judges from around the world.

So, who does that leave to do the diplomatic hosting? Supreme Court Justice Andromache Karakatsanis, as the senior puisne justice of the Court. As these things go, if the Chief Justice is unavailable, then it goes down the order of precedence in the Court (so if Karakatsanis had been unavailable, it would fall to Justice Suzanne Côté, followed by Justice Malcolm Rowe, and so on). There have been occasions where these justices have been called upon to do things that the GG would normally do, such as signing Orders in Council and so on, even though it’s fairly rare, but it does happen from time to time. Nevertheless, I have a feeling that the President of the Slovak Republic is in good hands with Justice Karakatsanis.

Ukraine Dispatch:

Ukraine’s strikes inside Russia are demonstrating that Putin’s assurances that his invasion isn’t “hitting home” aren’t true.

https://twitter.com/ukraine_world/status/1751925683943534958

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QP: Watch out, the kids are back

The prime minister had not planned to be in the Chamber today, and yet there he was, present for the moment of silence on the Day to Combat Islamophobia, and then stuck around for the Leaders’ Round. Pierre Poilievre led off in French, raised the prime minister’s vacation, and then blamed him for rising rents in Montreal. Trudeau stood up and gave a statement about the Day to Combat Islamophobia in French. Poilievre again blamed the prime minister for students living in shelters and demanded he end inflation and let developers ensure affordable housing. Trudeau noted that the was merely launching personal attacks, and that he voted against actions to help accelerate housing. Poilievre switched to English, and returned to the issue of Trudeau’s vacation, and wanted to know if he paid the “full carbon tax” on the flights he took. Trudeau read that Poilievre has no plan for climate change, while climate change causes droughts, which causes droughts, which rises food prices, and Poilievre has no plan for that. Poilievre called Trudeau a “high-carbon hypocrite,” and Trudeau called out individual Conservatives for voting against things they previously believed in. Poilievre then accused Trudeau of “muzzling” backbencher Ken McDonald and demanded he put his leadership up for review. Trudeau recited how they are working with mayors to build housing, before calling out Leslyn Lewis’ lunch with Christine Anderson.

Yves-François Blanchet led for the Bloc, and he returned to his private little conspiracy theory about the Century Initiative around immigration levels. Trudeau pointed to the need for immigrants, and that the levels are stabilising. Blanchet then demanded better distribution of asylum seekers, and Trudeau insisted that hey were working with provinces. 

Jagmeet Singh rose for the NDP, and he railed about homelessness but it was hard to hear him over Conservative roaring. Trudeau read a script about using every tool they have to ensure housing affordability, such as their announcement that morning. Singh switched to French to decry renovictions, which is a provincial issue. Trudeau read some boilerplate language.

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Roundup: Just what farm emissions are subject to the carbon levy?

While Pierre Poilievre continues to insist that the federal carbon levy is driving up food prices, he provides no proof of that other than his “common sense” reckon that the levy increases the price of everything.

It doesn’t really, but Poilievre likes to make you think it does. So, University of Alberta’s Andrew Leach has crunched the numbers, and lo, the carbon levy is exempt on very nearly all farm emissions, and contributes but a fraction to other expenses, like transportation. Of course, Poilievre is lying to make you angry, but it’s nice to have some receipts to know just exactly what the lies are.

Ukraine Dispatch:

The fallout of that Russian plane downing that allegedly carried Ukrainian POWs continues to reverberate, as Russia claims they gave Ukraine a 15-minute warning about said plane, which Ukraine denies; as well, Ukraine’s human rights commissioner says that he believes this is an information op because the list of supposed POWs provided included several names on it that had previously been swapped. Several Ukrainian state organisations are reporting that they are experiencing cyber-attacks. Russia is also claiming that Ukrainian drones are responsible for an attack on an oil refinery in Russia’s south.

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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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