Roundup: Bad Supreme Court reporting is bad

There is a reason why journalists should have beats, and why it can be dangerous to write about topics or institutions when you’re not familiar with them. There was a case in point yesterday in the National Post which was trying to sound some kind of alarm about what’s going on at the Supreme Court of Canada—except there’s actually no story here. I’m really not trying to pick on the reporter of the piece, because he’s a good journalist, but he just doesn’t know the file, and got swept up in what a particular lawyer was telling him without having a proper bullshit detector.

The supposed crisis is that the Court is hearing fewer cases lately, and a lot of what it is hearing is being decided in rulings from the bench, meaning they generally don’t release written decisions, and that this is somehow bad for developing case law. Because he talked to one lawyer who tracks stats, he figures that’s the story. Except it’s really not. They’re hearing fewer cases as a direct result of the pandemic, which slowed down the ability to hear cases at the trial court level, which then slows down appeals, which slows down their ability to get to the Supreme Court. They piece pooh-poohs that almost four years later this is still a problem, when of course it is. These things take a long time, particularly when courts were operating on a minimal standard for nearly two years. And because they were operating minimally, most of what they did hear were criminal cases, because they have timelines attached lest they get stayed for delays. That means that most of what does filter up to the Supreme Court are criminal cases, many of them as of right (meaning that at the appeal level, it wasn’t unanimous, so it automatically goes to the Supreme Court of Canada). That’s why a lot of these cases are being decided from the bench—there isn’t any matter of national importance being decided, so they have few needs for written rulings. In the Court’s current session, only two of the cases are not criminal because that’s how the lower courts have been operating. It’s a problem for sure, but it’s one because provinces aren’t funding courts adequately, and the federal government is too slow to make appointments to fill vacancies. This is not a Supreme Court problem.

Furthermore, the piece quotes from a literal constitutional crank—a particular law professor who is of the “burn it all down” school—because it’s a lazy journalist’s trick to make the piece sound more controversial or edgy. But here, he’s saying that he can’t believe they weren’t hearing certain cases without actually saying what he wanted them to hear, and then, out of nowhere, says the Court is going to have to expand, but doesn’t explain why. It makes no sense other than it’s piggybacking on an American issue that has nothing to do with our Court. There is also concern that the court’s decisions are a lot more divided these days and not unanimous without actually exploring that. This is largely because of the different styles of chief justice—under Beverley McLachlin, she strove for more unanimous decisions, and in the end, many of the rulings became so narrowly focused in order to achieve unanimity that they were largely useless for the purposes of developing case law. There is more dissent now because Richard Wagner isn’t concerned with achieving unanimity to the detriment of the decisions, and you have a couple of judges on the court who like to be contrarians. That’s not a bad thing. There is no crisis with the Supreme Court, and if the reporter had any grounding in the institution, he would have seen that there’s no smoke, no fire, and stats without context are useless.

Ukraine Dispatch:

The fighting is now inside the city of Avdiivka, which Russians have been trying to capture for months. There was another prisoner swap yesterday, with 100 exchanged on each side. President Volodymyr Zelenskyy has replaced the top army commander, looking for fresh ideas on how to push Russian invaders back. (More about the new chief here).

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Roundup: It’s auto theft summit day

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

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

Ukraine Dispatch:

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

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Roundup: Sanctions theatre, Hamas edition

Yesterday, foreign affairs minister Mélanie Joly announced that Canada would be sanctioning senior leaders of Hamas…which is already a listed terrorist organization. The whole exercise appears to be little more than sanctions theatre, according to Jessica Davis, who does this for a living. Nothing Joly announced is likely to make any difference compared to what is already on the books, meaning this is likely just a hollow gesture to make it looks like the government is doing something without actually doing anything. Of course, if they really wanted to do something, they could properly resource the RCMP’s sanctions enforcement regime and their counter terrorism financing abilities (or better yet, disband the RCMP and start up a dedicated federal policing force that can specialise in this kind of work).

Ukraine Dispatch:

A Russian attack overnight on a village in the Kharkiv region killed a two-month old baby. The Donetsk region’s governor says that his province is pounded by 2500 Russian strikes daily, while Avdiivka, a short distance away, has been the focus of Russian attention for months now. Ukrainian special forces say they blew up a drilling platform in the Black Sea that Russians were using to support their drone operations. As the shake-up of the Ukrainian military approaches, president Volodymyr Zelenskyy wants a dedicated branch devoted to drones.

https://twitter.com/ukraine_world/status/1754881455702897018

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Roundup: The dumb impulse to make hay of Jenni Byrne

Over the course of the week, Liberals feel that they found some kind of a clever wedge against the Conservatives in the “revelation” that Pierre Poilievre’s advisor Jenni Byrne’s firm is registered in Ontario to lobby the provincial government on behalf of Loblaws. Byrne herself has not lobbied, and the firm’s work has only done work around trying to get beer and wine into those stores, but those facts haven’t deterred the Liberals. Instead, it’s come up in Question Period and prime minister Justin Trudeau brought it up unbidden at a press conference because he wants the media to talk about it. This while their MPs start tweeting stupid things like “Conservatives have a vested interest in keeping food prices high.”

This is just sad, and it’s a sign that the party is flailing. There is no smoking gun here, and trying to insinuate that there is looks desperate. If anything, it certainly makes it look like the Liberals are going to start stooping to the kinds of dishonest lines that the Conservatives like to trot out in order to try and score points, which you would think the Liberals generally feel they are above, and if they too start going full-bore on fundamentally dishonest talking points to try and get ahead in the polls, then we’re going to be in serious trouble as a country if every party abandons any semblance of honest discourse. It also fundamentally undermines the actual message that the major cause of food price inflation is climate change, which you do not want to do. In other words, knock it off and grow up.

There is the added danger that this starts a contagion around other lobbyists and strategists that the parties rely on. Ottawa is a pretty small pool, and if you go after one party’s operatives who have lobbied, then it becomes fair game, and this escalates into a pretty scorched earth. Bringing up Byrne was a cute quip once in QP, and it should have been left at that. Trying to keep banging on this drum is going to have all kinds of collateral damage that nobody wants.

Ukraine Dispatch:

Knowledgeable Sources™ say that Ukraine has briefed the White House about plans to fire the country’s top military commander, while the defence minister has suspended a senior official in order to investigate suspected corruption. Russia continues to refuse to turn over any of the alleged bodies of alleged POWs from the plane they say Ukraine downed (because it totally isn’t a psy-op).

https://twitter.com/defenceu/status/1753430572150792628

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Roundup: Danielle Smith goes draconian on LGBTQ+ youth

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

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

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

Ukraine Dispatch:

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

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QP: An exhausted slugging match over Ukraine

The prime minister was present today, while his deputy was away doing pre-budget consultations. All other leaders were present as well, and it was the day where they decided it was going to be all about them. Pierre Poilievre led off in French, rattled off his slogans, and then worried about the increase in auto thefts, as though that wasn’t a policing issue at the provincial and municipal level. Justin Trudeau noted that the previous government cut budgets for policing and that his government has re-invested, that they’re working with provinces, and that Poilievre’s slogans won’t do anything. Poilievre insisted that they got better results for fewer dollars, and again blamed federal policies for this rise. Trudeau read from a script that they will be holding a national summit on the issue, and that they are getting results from investing in border officers. Poilievre switched to English to repeat his first question with added rhetorical flourish, and Trudeau dismissed Poilievre’s “whipping out empty slogans,” and reiterated the success of CBSA stopping more stolen cars from leaving the country. Poilievre quoted from the press release the government put out, and blamed the federal government for the rise. Trudeau reminded him that in 2015, Harper slashed funding for the RCMP and CBSA, and that he had to clean up the mess, before he got drowned out by the applause on his own side. Poilievre taunted that Trudeau was “losing control of himself” by screaming and yelling, before dismissing the notion of the auto theft summit. Trudeau shrugged off the attacks, said that they included facts in the release and that they were “rolling up their sleeves” to work with partners rather than just making political attacks.

Yves-François Blanchet led for the Bloc, and raised the pause on the MAiD extension, and wanted Quebec to be able to move ahead. Trudeau trotted out the line of this being a “deeply personal issue” and said that they were trying to find the right balance, and that they would be open to suggestions. Blanchet wanted advance directives to be allowed, and Trudeau reiterated that they were continuing to consider this issue.

Jagmeet Singh rose for the NDP, and he tried to call out a Liberal MP for her remark about the housing crisis in Toronto, and wondered if the prime minister would listen to front line workers instead. Trudeau recited that they are working with partners and listed the actions they are taking. Singh switched to French to decry a woman being kicked out of her apartment and said that the government has the power to resolve the real estate crisis. (How? With a Green Lantern ring?) Trudeau repeated his same response in French.

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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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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: The crybully edit

Because yes, everything is that stupid, the Conservatives are crying that Justin Trudeau is racist because in his speech to caucus, he referred to Conservative candidate Jamil Jivani as a “twofer,” and then immediately says that it’s because Jivani is an “insider and an ideologue,” and went on to talk about how he’s a parachute candidate in the Durham by-election. Not sure why this was a topic in said speech to caucus, but it was.

Jivani then edited the video and just used the part where Trudeau referred to him as the “twofer,” said he didn’t know what that was supposed to mean—even though he deliberately edited out the part where Trudeau spelled it out—and then recited the Pierre Poilievre slogan checklist. Partisans posted a purported definition of “twofer” as a person from an underprivileged background who can fulfil two quotas or appeal to two political constituencies—a definition I have never heard in my life—and started screaming racism, and revived the whole Blackface thing, because of course they did.

The point here is that this is yet another example of the very same Conservatives who mock the “snowflakes” on the left who need their trigger warnings, and trying to play crybully at the very same time. They did it to me when I said that a joke was lame, and tried to insist that I threatened to shoot one of their MPs (which they know full well is not what I said). They are so quick to play the victim because they think that it works for “the left,” and so therefore it should work for them equally, which is dumb, and completely doesn’t get the point that people on the left make about oppressive language, or structural racism, or what have you. They make this big song and dance about how censorious the “left” is (and yeah, some of them are), but then immediately try to replicate it while at the same time try and insist that they’re the ones who are all about free speech and so on. It’s childish, it’s dishonest, and when they have to edit video and lie to try and make their crybully point, it’s even more obnoxious.

Ukraine Dispatch:

Russians continue to insist that Ukraine shot down that plane that allegedly contained POWs, but won’t provide evidence or access to the crash site (making it even more likely that this is an info op). There is also word that president Volodymyr Zelenskyy has invited Xi Jinping to the forthcoming peace talks in Switzerland.

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Roundup: Debunking Singh’s dunks

NDP Leader Jagmeet Singh’s political comms lately have been a little bit…cringey. Not like that TikTok in the shower staring blankly cringey, but saying ridiculous things that he should have thought about for thirty seconds before posting cringey. Like this housing development in Edmonton, that he’s denouncing as “luxury condos.” Except they’re not, that whole concept is dated, any market housing that increases supply helps push down prices, and oh yeah, it’s a Métis-led development that is geared largely for affordable housing, and most of them are to be pegged at below-market. Yikes.

https://twitter.com/MikePMoffatt/status/1748311506620428422

https://twitter.com/MikePMoffatt/status/1748313113206636842

https://twitter.com/MikePMoffatt/status/1748314188756251009

As if that wasn’t bad enough, he’s pretending that Poilievre will cancel rent control, which, erm, doesn’t exist federally, and then goes on a conspiracy theory about being beholden to developers who contributed to his campaign, in the low thousands of dollars, because remember, this is Canada and we have campaign contribution limits. If you think you’re buying a politician for $1200/year, you’re out to lunch.

https://twitter.com/MikePMoffatt/status/1749125638961652148

Of course, this is what happens when as a party, you crib all of your ideas from the “justice Democrats” in Washington, and ignore that we’re two separate countries with different laws, demographics, and circumstances. Unfortunately, this keeps happening, and it makes our politics in this country dumber as a result.

Ukraine Dispatch:

Russia had to suspend operations at a Baltic Sea fuel terminal after what appeared to be a Ukrainian drone strike caused a major fire. President Volodymyr Zelenskyy is concerned by Trump’s rhetoric of unilateral action and claiming he could end the conflict in 24 hours, and wants Trump to visit Ukraine so he can see the situation for himself.

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