Roundup: The possible constitutional crisis Ford wrought

The fallout of Doug Ford’s pre-emptive use of the Notwithstanding Clause to bigfoot labour rights carried on yesterday on a few different fronts. In Queen’s Park, the NDP’s interim leader and half of their caucus were ejected by the Speaker for calling Doug Ford a liar over his comments about the CUPE strike, and not retracting. And when one was ejected, another one did on their turn, and so on. This is becoming a problem in legislatures and the House of Commons federally, where it becomes difficult to call out blatant falsehoods because of the prohibitions from calling someone a liar, which has absolutely emboldened parties and elected officials in their respective legislatures at different times, but it’s really bad right now.

Federally, NDP MP Matthew Green tried to call for an emergency debate on this abuse of the power, but it was not deemed worthy, and I’m at a loss as to how it could be because this isn’t a federal matter, and there is nothing the federal government can legitimately do (and don’t say Disallowance, because that is a constitutional dead letter). Later in the day, Justin Trudeau had a call with Doug Ford to tell him that his pre-emptive use of the Notwithstanding Clause was “wrong and inappropriate,” but I’m not sure what more he can do about that, other than try and encourage enough public sentiment against Ford. After all, he likes to be the fun uncle, and if enough people are mad at him, he will back down. The question is sustaining enough anger and ensuring it is widespread enough for Ford to blink.

https://twitter.com/AaronWherry/status/1587989392383148032

Meanwhile, Andrew Coyne argues that federal disallowance powers should be revived to stop provinces’ abusive pre-emptive use of the Notwithstanding clause, and it’s a position I’m going to have to give more thought to, because in a limited way there could be an argument, but it would have to be very particular. I will also note that over Twitter, there has been some chatter that there wasn’t this disallowance talk with Quebec using the Notwithstanding Clause, which is wrong—it has been there, but it is usually met with the same reply, that it’s a constitutional dead letter, and you’re provoking a constitutional crisis. But the constant abuse may have provoked that very crisis, so it’s going to need some very careful consideration as to what next steps are, and what the unintended consequences may be.

Ukraine Dispatch, Day 253:

Russia is re-joining the deal to export Ukrainian grain through the Black Sea days after it pulled out of the agreement, saying that their security concerns have been met. Ukraine has officially denied being involved in the attack on Russian ships over the weekend, but president Volodymyr Zelenskyy says that Russia seeking security guarantees from Ukraine is a sign of how badly its invasion has gone for them.

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Roundup: Internet troll and wide-eyed naïf

The occupation leaders started their turn to testify at the Emergencies Act committee yesterday, and it’s quite an interesting picture that they are painting of themselves. Chris Barber, for example, admits to being a racist internet troll who “saw the light” thanks to all of the love and hugs during the occupation (sure, Jan), but also tried to present himself as this wide-eyed naïf who couldn’t possibly understand the MOU about overthrowing the government, or who believed all the honking was just these truckers being excited. Yeah, so believable. There were, apparently, power struggles between the different groups and organisers, and things started to spiral out of their control. Gosh, you think? And when Barber was presented with an email with an assassination threat targeting Chrystia Freeland, he insisted he had no knowledge of this—because, you know, it was all peace and love. (Credit to Shannon Proudfoot for the troll/naïf descriptor).

Elsewhere, Doug Ford’s lawyers were at Federal Court to argue that the rule of law would be “irreparably harmed” if Ford and Sylvia Jones were forced to testify at the public inquiry or deal with any subsequent contempt proceedings, which…is a bit much. The judge in the case noted that the parliamentary privilege relates to criminal and civil courts, but does not specify public inquiries (because the basis of the privilege stems from a time when the Crown controlled the courts). Said judge also said he expects to have a decision by November 8th, which is two days before Ford and Jones are supposed to testify at the inquiry.

Ukraine Dispatch, Day 252:

Russian authorities in occupied territories have ordered the evacuation of civilians in an area near Kherson, which the Ukrainian government considers a forced depopulation, which is a war crime. Russians also fired missiles into an apartment building in the port city of Mykolaiv, and have destroyed about 40 percent of the country’s energy infrastructure as winter approaches.

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Roundup: The wrong way to humanize politics

I see that Government House Leader Mark Holland was making the media rounds over the weekend about his call for more “humanity” in politics, as he continues to plead for hybrid sessions to continue indefinitely. The problem, however, is that the two are fundamentally incompatible. Do you know why? Because what humanises politicians to one another is to spend time together, face-to-face. Hybrid sittings will keep MPs in isolated bubbles where they have fewer and fewer interactions with their fellow MPs in person, making it harder to see them and treat them as human beings, and we know this because we have seen the decline in civility in real-time since the 1990s when they ended evening sittings in the House of Commons to be “family friendly.” It used to be that three nights a week, MPs would go upstairs at six PM, and all have dinner together in the Parliamentary Restaurant, and at 8 PM, they’d go back to the Chamber, and debate some more. And lo, there was a lot more civility and treating each other in a friendly manner, Question Period theatrics aside, because they spent time with one another as human beings, doing that basic human thing of bonding over food (and yes, booze, because we cannot deny that it was a big part of the culture up until that point, for better or worse). But when they ended those sittings, and MPs no longer ate together, the acrimony got worse, and disagreements got more personal.

I cannot stress this enough—hybrid makes this worse. I know that there is a school of thought that it lets MPs spend more time at home, which gives them more work-life balance, and so on, but to be perfectly frank, the job is in Ottawa. The job is not to be a social worker for constituents filling out passport forms and doing immigration paperwork—the job is to hold the government to account, and doing so by controlling the public purse, meaning scrutiny of the Estimates and the Public Accounts, and debating their legislative proposals along the way. We are straying far from this path, and taking this hybrid makes the slide worse. The job is also face-to-face, because it relies on building relationships, and that doesn’t happen over Zoom. You have heard me time and again saying that the real work happens on the side-lines of committee rooms, in hallways and lobbies, and when you’re talking to ministers while you’re waiting for a vote to happen. This is all in danger of falling away the more MPs move to hybrid (and “virtual” voting is becoming an absolute disaster for MPs being able to approach ministers), and that is not a “more human” approach to politics. It is in fact the opposite, and people need to wake up and realize that fact.

Ukraine Dispatch, Day 250:

Russia pulled out of the deal with the UN to allow Ukrainian grain shipments over the Black Sea, likely because their ships were hit by attacks over the weekend, but the UN and Turkey say they are going to ensure those shipments still happen, essentially daring Russia to attack them, so we’ll see how that goes.

https://twitter.com/EuromaidanPress/status/1586779214069407745

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Roundup: Contradictions and poor intelligence practices

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

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

Ukraine Dispatch, Day 245:

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

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Roundup: The transcript doesn’t show interference

It turns out that the recording of that meeting of RCMP Commissioner Brenda Lucki coming down on her Nova Scotia team in the wake of the mass shooting in Portapique was found after all, and lo, it doesn’t actually show political interference. (Transcript here). She does say that she told the minister’s office the information on the firearms used would be released (we know that she was contacted by Bill Blair’s chief of staff, not Blair himself), and when the information was not released, she said she had to apologise to the minister and the prime minister, but there is no mention of a promise to release that information. In fact, the only time the word “promised” was used was when Lucki said that she was promised a timeline of events and a map, and she didn’t receive those either, and spoke about feeling disrespected because she wasn’t given it. Lucki did at one point bring up “legislation” the government was working on around guns (it was actually an Order in Council), which Lucki said was supposed to help police, but again, there was no mention of pressure from the minister about it. She was politically aware of what was going on, because she would have been consulted in its development (which had been going on for months at this point), and it should be stressed that political awareness is not interference. Commissioners are supposed to be politically aware. That’s part of their job, just like the Chief of Defence Staff.

The Conservatives, however, took that same transcript, cherry picked a couple of lines about feeling the need to apologise, and took this as “proof” of interference, that either Lucki or Blair had lied, and demanded both of their resignations, and launched a point of privilege in the House of Commons to the effect of saying that Blair lied to them. Because this is what they do—take everything in bad faith, and generate a bunch of clips for shitposts, then fundraise off of them. It’s not even truthiness at this point—it’s out and out bad faith, lies, and deception. And you don’t see the media calling bullshit on it and pointing to what is in the transcript, they just both-sides it, and their talking heads will waffle around it. The talking heads also don’t try to follow all of the information and put it together, where they would see that the allegations of interference don’t actually make sense. I won’t recap the column, but suffice to say, there was no need to interfere because they had all of the information, and the people who claim they were are actually arguing for less transparency. It’s bizarre all around.

Ukraine Dispatch, Day 240:

Ukrainian forces have bombarded Russian positions in the occupied Kherson region in the country’s south, targeting their resupply routes along a major river. Russians shelled the Kharkiv and Zaporizhzhia regions.

https://twitter.com/maksymeristavi/status/1583430788468838403

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Roundup: Smith disqualifies herself on day one

Her first day on the job, and Danielle Smith is already proving to be unsuited for public office. Shortly after being sworn-in as premier by the Lieutenant Governor, Smith held a press conference where she said that she wants to protect the unvaccinated, because they are the “most discriminated-against” group in her lifetime.

*deep breath, clenches fists*

No. Not even close. And let me tell you, it was a choice to say that on Coming Out Day. They are not discriminated against. There is no “segregation.” The unvaccinated are people who get to live with the consequences of making a selfish choice based on a bunch of junk “science” and conspiracy theories that they’ve consumed, and their reckless disregard for the vulnerable and immune-compromised. Those consequences? Not eating in restaurants or not getting to travel. A few lost their jobs because of the choice they made. Contrast this to actual discrimination that people suffer because of race, gender, sexuality, or disability. Consequences that include employment, housing, hate crimes, and even mass slaughter, and yes, this has all happened in Smith’s lifetime. This is her answering the grievances of the privileged, the entitled, and the selfish, and not having actually suffered discrimination, she lacks the basic self-awareness to know the difference between the two. This should be disqualifying.

Meanwhile, in Saskatchewan, Scott Moe unveiled his “white paper” on pushing back against so-called federal encroachment on the province, and well, I’ve read far more vigorous undergraduate papers in my day. The premise of said paper is that all environmental rules and regulations are just a ruse for keeping the province down, and controlling them, which is risible on its face. And the notion that Saskatchewan should somehow be a “nation within a nation” belies the fact that they don’t have a distinct language, culture, legal tradition, or pre-Confederation history. Calling hoodies “bunny hugs” is not a distinct culture. Resource extraction without concern for environmental consequences is not a distinct culture. Moe is doing some bad Jason Kenney cosplay, and it’s just pathetic.

https://twitter.com/EmmMacfarlane/status/1579905716747661312

https://twitter.com/EmmMacfarlane/status/1579907251221172224

https://twitter.com/EmmMacfarlane/status/1579907677316345856

Ukraine Dispatch, Day 230:

President Volodymyr Zelenskyy met with G7 leaders and asked for more air defences (to fend off future missile attacks like they faced this week), a price cap on oil and gas exports from Russia to cut off their funding, and an international mission at the Ukraine-Belarus border, presumably to keep any Belarussian forces out of the country. Some German air defence systems did arrive in the country yesterday, so they are starting to arrive as this ask is being made. Meanwhile, bodies are being exhumed from the mass graves outside of the city of Lyman, which was liberated from Russian occupation.

https://twitter.com/OlenaHalushka/status/1579849665226629121

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Roundup: Backing away from the crazy now that the leadership is secured

Now that she has won the UCP leadership and is about to be sworn-in as premier of Alberta, Danielle Smith is suddenly backing down from some of the things she’s been saying about her “Sovereignty Act,” and is telling media outlets that she’ll respect the rule of law when courts inevitably rule against it because it’s going to be blatantly unconstitutional. Which isn’t what was promised, and the whole point of the Act, based on the brain trust that invented the idea, was to force a constitutional crisis by disobeying the Supreme Court. Now Smith is saying otherwise, which is starting to look mighty cynical—that she sold her base on a false promise in order to get them to buy memberships and vote for her, and now she’s going to tone it down. It’s just so cynical and crass that you have to wonder what she won’t say or do in order to get her way now that she’ll have access to real levers of power.

Ukraine Dispatch, Day 229:

The weekend began with an explosion on the bridge between Crimea and Russia, attributed to Ukraine, and on the day after Putin’s birthday, given how much of a vanity project this bridge was for Putin. By Monday morning, Russians shelled the city centres in Kyiv and nine other cities in Ukraine, all targeting civilian infrastructure, calling it retaliation for the Crimean bridge explosion, and trying to call it terrorism (while attacking civilian centres, which is actual terrorism). One of the cities hit was Zaporizhzhia, where apartment buildings were struck. As well, here are stories of survivors of Russians in liberated villages in the Kherson region, and a look at the looting Russians have undertaken of places like museums in captured regions.

https://twitter.com/ZelenskyyUa/status/1579530489802944512

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Roundup: The “bigger picture” of continued hybrid sittings

The Procedure and House Affairs committee is looking in to the future of hybrid sittings, and the Speaker wants them to consider the “bigger picture” of all of this. Of course, the bigger picture is that a) by trying to tie future use of hybrid to sickness or work-life balance, MPs will be creating an impossible attendance standard and create a monstrous culture of presenteeism; b) ministers will not only evade accountability not being in the House, and will be unavailable for MPs to see them during votes—which is the one time they are most available—and this is already happening as ministers are getting used to taking off when votes start and doing them from their phones in their cars, which is very bad; it also means that minister and MPs in general are less available to be found by the media; and c) the big one is of course the human toll that these sessions take on the interpretation staff. The NDP, as usual thinks you can just hire more interpreters, except there are no more interpreters to be hired. They literally cannot graduate enough of them to cover the existing attrition even before the injury and burnout rate from Zoom is factored in.

But MPs have consistently ignored the human toll, preferring their convenience, and whinging about long travel distances and having families, as though there aren’t options available to them that aren’t to most other Canadians. I will keep beating on this drum, because we won’t be able to maintain a fully bilingual parliament for much longer if this keeps up (we’re barely doing so as it is), and it’s probably going to take things absolutely falling apart for them to care, and that’s a problem.

Ukraine Dispatch, Day 223:

President Volodymyr Zelenskyy says that Ukrainian forces have made rapid and powerful advances in both the east and south, and in places where Russian forces are retreating, they are abandoning posts so rapidly that they are leaving dead comrades behind.

https://twitter.com/noclador/status/1577324136220839937

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Roundup: Independent thought alarm, Iran edition

I hear the independent thought alarm sounding as Liberal MP Ali Ehsassi, who is Iranian-Canadian, is being critical of the government’s response when it comes to sanctions on the Iranian regime, and he wants them to do more. This being said, he has stressed that the minister, Mélanie Joly, has been very receptive to talking to him about the situation, and hearing his ideas, but that wasn’t of any interest to the CBC. No, they were interested in the narrative that even Liberal MPs aren’t happy with the government’s moves to date on sanctioning the Iranian regime, and lo, they put on an “expert” who says the government should do more, in spite of the fact that the don’t have the actual capacity to enforce more sanctions, let alone monitor the entire Iranian Revolutionary Guard Corps.

I don’t expect the party to come down on Ehsassi for this, and the Liberals have demonstrated that they are willing to put up with a certain degree of independence from their MPs (more so than pretty much any other party right now), but I always find the reaction of the media interesting in situations like this, because as much as they claim they want more independence for MPs, when it gets demonstrated, they immediately start acting like this is either an attack on the government/prime minister, and they try to wedge it as much as possible to make it sound exciting. But all this really does is crack the whip without the party Whip ever needing to do a thing, because the media is enforcing discipline more than he ever could. Some members of the media should probably reflect on that fact

Ukraine Dispatch, Day 222:

Ukrainian forces have made a major breakthrough in the south, advancing along the Dnipro River and threatening Russian supply lines in the region. In the northeast, the liberation of Lyman is providing a staging ground to press into the Donbas region.

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Roundup: The PM is staying put this year

It is the National Day for Truth and Reconciliation, otherwise known as “Orange Shirt Day,” after Phyllis Jack Webstad told the story about going to residential school with a new orange shirt that she was so proud of, and was forced to remove it upon arrival, which became a symbol of her forced assimilation that the school enforced. Something to reflect on over the day.

It also sounds like the prime minister has learned his lesson about his visibility, and whereas his intention last year was to step back and not make it about himself, he spent the day heading to Tofino for a weekend off with his family, which became a minor scandal. So today he’ll be attending ceremonies and events both in the Niagara Region, as well as here in Ottawa, and conspicuously not taking off with his family.

Ukraine Dispatch, Day 218:

Russia is claiming to recognise the “independence” of two of the regions in Ukraine subjected to sham referendums this past week, as a prelude to annexation. President Volodymyr Zelenskyy, in response, has made a direct appeal to Russians that they don’t have to die in Ukraine, like 58,000 have so far, and called on ethnic minorities in Russia to resist mobilization. Further north to those regions, Ukrainian forces have nearly encircled the city of Lyman, and are preparing to trap Russian forces therein. One of Zelenskyy’s advisors says that the sham referendums change nothing, and that they will liberate those territories, with military force if necessary. Meanwhile, Ukrainian children are trapped in Russian camps after promoting them as a summer break for children in occupied territories, so that’s going well.

https://twitter.com/MarkHamill/status/1575568979069837312

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