Roundup: Competing nonsense lawsuits

It’s now approximately day ninety-one of Russia’s invasion of Ukraine, and the Ukrainian governor of Luhansk says that Russian forces are advancing from all sides. Another 200 bodies have been found in Mariupol, where Russian forces have been pounding the city to rubble.

https://twitter.com/ZelenskyyUa/status/1529206361338396672

There is also talk about Vladimir Putin having survived an assassination attempt after the invasion began, and Kremlin insiders are discussing a possible successor to Putin as discontent grows with the course of the war. So that’s going well.

Closer to home, I think the situation in New Brunswick is about to do my head in, as two competing lawsuits are colliding—the challenge to the appointment of a unilingual lieutenant governor, and a frivolous lawsuit challenging the fact that the premier violated the “fixed election date” in calling an election. The lieutenant governor suit is going down on appeal because the reasoning in the original decision is a constitutional impossibility (one part of the constitution cannot override another, which the ruling does). And the challenge to the election call is a dead letter because simple statute cannot bind the Crown prerogatives in this way, and Democracy Watch keeps losing this suit every time they attempt it, not to mention that you cannot undo an election. When a legislature is dissolved, it’s dissolved (and no, the UK ruling on prorogation is not the same thing). This is all nonsense and eating up court time unnecessarily, but this is where we’re at.

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Roundup: Occupation over, emergency orders confirmed

The occupation of Ottawa’s downtown core by far-right extremists, grifters, and conspiracy theorists is at an end. The police action kept up all day Saturday, and by Sunday, they were into mop-up operations. In total, there were 191 arrests, some 400 charges, and 79 vehicles towed, but it will still be some time before barricades start coming down in downtown Ottawa, because they want to ensure that the same group don’t move right back in once the barricades come down. And indeed, while the occupation may be ended, the emergency measures will likely stick around a little longer in order to prevent a resurgence or similar attempts in other locations, particularly given that many of the participants are lying in wait just outside of the city in makeshift encampments on private property. Trudeau said the emergency orders will likely be lifted in a few days, but they’re awaiting advice from law enforcement.

In the meantime, the debate on the emergency measures carried on through the weekend and into Monday, and while I have a column coming out later today on just how bad it was, there is special mention to Conservative MP Mark Strahl for fabricating a constituent named “Briane” who apparently had her accounts frozen for donating to the occupation before it was illegal. Andrew Scheer went ballistic about how this kind of retroactive application of the orders was unconscionable, erm, except that it didn’t happen because Briane doesn’t exist, and if she does, then it’s someone catfishing Strahl, who is too gullible to check into a clearly bogus tale. To date, 76 accounts have been frozen, either from organisers of the occupations, or those who owned trucks on the streets. That’s it. But the Conservatives are trying to push a narrative that Trudeau is authoritarian and punishing dissent, even though none of this actually bears out in the facts or the political reality of someone in a hung parliament. They’re just so cartoonishly bad and transparent in their lies that it’s hard to actually believe they are that inept. And yet they’ll get away with it, because there are credulous media outlets taking it at face value, and even more that are both-sidesing, and trying to get confirmation no matter that the falsehood is obvious on the face of it.

The vote itself was not particularly close, given that the NDP had already signalled that they would support the motion, though that didn’t stop the Conservatives from trying to deride them for supposedly turning their backs on how Tommy Douglas voted against the War Measures Act, even though the Emergencies Act is not the same thing and does not suspend civil liberties. There was later some consternation that Trudeau indicated that this would essentially be a confidence vote, which frankly it should be. If you don’t think the government can handle emergency powers, that’s a pretty solid indication you don’t think they should be in power. After the vote, Candice Bergen was already read with procedural mischief to use the portion of the Act that can call for a motion to lift the orders with the support of 20 MPs, so that will go ahead once the sitting resumes in a week. The Senate still has to vote on the emergency order motion, probably later today, so the government is not in the clear just yet.

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Roundup: The grifters make nice for the cameras

The first part of the grifter convoy arrived in Ottawa yesterday, probably 80 trucks in total, and they largely blocked the street in front of Parliament Hill and made a bunch of noise, but that was it so far. Much of the day appeared to be devoted PR—the organizers swearing up and down that they wanted this to be peaceful, engaging with the police to that effect, who are on the lookout for “lone wolves,” telling reporters on the scene the fiction that they were frustrated with vaccine mandates (until you scratched the surface, and they insist that they are tired of the “tyranny” of the current “dictator” Justin Trudeau, whom you will all recall just won a free and fair election).

It’s all bullshit, however. All of it. This whole thing was organized by extremists, some of whom have ties to the Sons of Odin. If anyone with “genuine concerns” is really along for the ride, it’s because they’re a hapless moron who can’t do their due diligence before they got swept up into the grift. We don’t know where a lot of the money collected by the GoFundMe is coming from, but it’s a good bet it’s not all domestic—especially as this has been picked up by agitators in the American media ecosystem, who are seeing this as some kind of mobilisation effort (while repeating the bizarre falsehood that this is somehow 50,000 trucks and 1.4 million people headed to Ottawa, which defies credulity). They have a stated aim of overturning democracy and eliminating all public health orders (never mind that 99 percent of them are provincial or municipal), and it’s never going to happen because it’s impossible, but nevertheless, there are more and more Conservative MPs who keep giving them legitimacy while trying to play cute and insisting that they denounce extremism, even though the gods damned extremists are behind it. Erin O’Toole went so far as to stage a photo op with a supposed trucker family while in an RCAF jacket, which is a pretty dubious statement to be making considering this convoy’s goal is to overturn democracy, which includes him.

https://twitter.com/robert_hiltz/status/1487211790765338628

Meanwhile, Matt Gurney wonders how we deal with the impossible task of marginalizing the extremists, and proposes we actually start fixing the things that can be fixed to show that the system can work. (Not mentioned: Calling out the opportunists who feed the extremists’ irrational anger and the politicians who court them because they think they can use their energy and dollars). Colin Horgan, on the other hand, speaks for all of our weariness, as we are subjected to these conspiracy theorists who are all playing hero in their own minds, and believing their own juvenile bullshit, while even those with “genuine concerns” only make it worse by feeding into it all the same.

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Roundup: Holland breaks out the passive-aggressive open letter tactics

The drama over the Winnipeg Lab documents took another turn yesterday as Government House Leader Mark Holland sent a four-page open letter to the Conservative House Leader, urging him to reconsider rejecting the government’s offer to create a new ad hoc panel to have the documents vetted behind closed doors with a panel of three former judges to adjudicate any disputes. In said letter, Holland name-checks nearly every national security and intelligence expert who has weighed in on the topic of the past few weeks, with a couple of exceptions.

While Holland didn’t name Philippe Lagassé’s piece, it’s fairly irrelevant to the concerns at hand. Whether NSICOP gets turned into a full-blown committee or not, it won’t make a material difference because the Conservatives’ objections are not based on any particular matter of principle or specific objection. As I point out in my column, they are merely acting in bad faith in order to be theatrical and try and score points by winking to conspiracy theories in order to paint the picture that the government is hiding something for the benefit of the Chinese, or some other such nonsense.

I don’t expect Holland’s letter to do anything other than look passive-aggressive and ham-fisted as the issue continues to fester—not that there is an order to produce documents any longer, and the committee that made said order no longer exists either (though O’Toole has been under pressure to restore it, as though it actually did anything meaningful other than be yet another dog and pony show). We’ll see if the other two opposition parties come to some kind of agreement, but so far this issue continues to just make everyone look like our Parliament is amateur hour. Which it kind of is.

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Roundup: Why Canadian MPs resist security clearances

Talk of reforming NSICOP into a full-fledged parliamentary committee is circulating, and it’s all just as well. While I have a full column on this coming out later today, I wanted to post this thread from professor Saideman to set some of the context for that, and to explain part of why we’re in the state we are in Canada when it comes to these things.

https://twitter.com/smsaideman/status/1483076151417389057

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QP: Deception about deflation

For the final Question Period of 2021—which was still undetermined as things got underway, as the House Leaders were engaged in a game of chicken—neither the prime minister nor his deputy were present, but the latter would appear virtually. Erin O’Toole led off, script in front of him, and he immediately started off with a lie about deflation, which did happen, and he was presuming it to be a good thing because it would lower prices, when in fact it would have led to a spiral that turned into a depression as businesses couldn’t service their debts. Chrystia Freeland, by video, called this out as misinformation, and noted that Stephen Poloz cited that the government’s actions averted a second Great Depression. O’Toole railed about Freeland’s alleged misinformation during the election campaign and compared her to Donald Trump, and Freeland called O’Toole the leader of flip-flops, and noted that in the election the Conservatives promised even more spending while they were currently railing against it, and that a consistent position might be nice. O’Toole repeated his first question in French, and Freeland repeated the Poloz comments in French. John Barlow got up and railed about the export ban on PEI potatoes and wondered why the agriculture minister was not currently in Washington resolving the situation. Freeland assured him the federal government was working to resolve if and noted she was next to the prime minister when he raised it with Biden, while Conservatives advocate capitulation. Barlow insisted that this has basically destroyed PEI, and Freeland dismissed this as scaremongering, and reassured farmers they were working on it like they did with previous disputes they won on.

Alain Therrien led for the Bloc, and blamed the Quebec teacher who was reassigned for wearing a hijab, railing that she knowingly broke the law and saying otherwise was Quebec bashing. Freeland calmly recited that they stand with Quebeckers who stand up for individual rights and freedoms. Therrien railed that mayors are funding court challenges, accusing them of not understanding secularism or democracy, and Freeland gave some fairly disarming reassurances that the federal government works well with Quebec and the Bloc shouldn’t pick fights.

Peter Julian rose for the Bloc, and in French, he worried that omicron could lead to lockdowns with no supports, to which Freeland made a pitch for MPs to pass Bill C-2 to provide necessary supports. Julian shouted the same question again in English, and Freeland repeated her response in the other official language. 

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Roundup: Theatre of the absurd, housing motion edition

The closer the House of Commons gets to rising for the winter break, the more absurd theatre we see. Yesterday was case in point, with the Conservatives’ second and final Supply Day of the calendar year. The topic was housing, but their motion was a complete dog’s breakfast of nonsense, contradiction and outright unconstitutional demands. Because of course it was.

The point was made that the inclusion of the outright lie about capital gains taxes was a ploy for the Conservatives to say that the Liberals were not ruling it out when this motion as inevitably defeated (as indeed it was). But Liberal Mark Gerretsen though he was being crafty and tried to move a motion after QP to head off those talking points, trying to call for unanimous consent to reaffirm that they wouldn’t tax capital gains. But the motion didn’t pass, so Gerretsen tried to spin that too, and it’s just utterly stupid that I can’t even.

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Roundup: Rejecting the compromise for more theatre

In spite of the Liberals proposing a compromise on the release of the Winnipeg Lab documents last week, the Conservatives have rejected the offer, citing that it was “months late,” and that the “will of parliament has not changed.” But this is wholly disingenuous—they did offer another compromise in June before Parliament rose for the summer, and Parliament dissolved before the challenge to the order could reach Federal Court, which may have settled the outstanding question of whether the Security of Information Act fettered parliamentary privilege or not.

This rejection makes it clear that this is not about the information—it’s about political theatre. If it was about the information, they would have let NSICOP review the documents and report back. But no—they first came up with the fiction that they didn’t trust security-trained public servants to properly redact the documents, and then they came up with the fiction that the prime minister redacts NSICOP reports, which he does not and never did, and handwaved about only trusting the Commons’ Law Clerk—who doesn’t have the training or context around national security to know what is a necessary redaction or not—to do redactions. (They also piled onto the same law clerk the redactions from pandemic documents for the health committee in the previous parliament, overloading his office and ensuring that they would never see all of the requested documents). The government provided avenues for the documents to be released, but the Conservatives have consistently decided that theatre was more important (particularly as they fed the “mystery” of these documents into conspiracy theories).

We’ll see how much patience the other parties have for this nonsense—and at this point, it is most definitely nonsense. They were happy enough to embarrass the government pre-election, so we’ll see if they still have the appetite to do so now. But at this point, this no longer has any bearing on accountability or being serious about national security. This is one hundred percent about political theatre, and it would be great if the pundit class of this country could call it out for what it is.

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QP: From solemn moment to clown show

Following every party’s statements and a moment of silence for the anniversary of the massacre at École Polytechnique, things got underway in earnest. While the prime minister was absent, Chrystia Freeland was present. Candice Bergen led off, script on her mini-lectern, and she asked for an update on the government’s programmes to combat violence against women. Freeland highlighted the importance of the day, and spoke about the “unprecedented” investments in the budget, and then called on all women in the a House to rise for a moment to remember those women. Bergen then pivoted to the topic of inflation and wanted to know what was happening with the Bank of Canada’s inflation target, and Freeland assured her the decision was coming in due course. Bergen was not satisfied, and demanded action on rising prices—though she did not call for price controls. Freeland assured her that they understand the difference between fiscal and monetary policy, and have confidence in the Bank, and that they don’t disparage them like the Conservatives do. Alain Rayes took over in French, and demanded a “concrete plan” to tackle inflation. (Like price controls?) Freeland listed off global inflation figures in response. Rayes repeated his demand for a “concrete plan,” and Freeland responded with praise for the GDP growth and job numbers.

Claude DeBellefeuille also raised the anniversary of École Polytechnique and the current spate of gun violence in Montreal and demanded tougher gun control. Marco Mendicino assured her the are working together with different governments to ensure that everyone can live safely. DeBellefeuille accused the federal government of doing nothing, and Mendicino repeated his assurances and brought up his meetings last week with gun control advocates.

Alexandre Boulerice rose for the NDP, and he raised the scourge of opioid deaths, and demanded decriminalisation of simple possession of drugs. Jean-Yves Duclos noted that they are working at several levels around things like safe supply and support for users, with more to be announced shortly. Gord Johns repeated the demand in English, and Carolyn Bennett repeated Duclos’ answer in English.

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Roundup: A newer, worse compromise

The Speaker engaged in a bit of procedural housekeeping after Question Period yesterday, and ruled that the Board of Internal Economy’s vote on a vaccine mandate for MPs in the House of Commons was in fact a violation of MPs’ privileges—which most of us expected, because that’s pretty much what it was. It’s a moot point, however, because the motion passed that re-authorized hybrid sittings included the vaccine mandate for the Chamber, so there remains a vaccine mandate regardless of this outcome. It sounds like the Conservatives are satisfied with this ruling in that it doesn’t create a precedent for expanding the BoIE’s powers, so that’s not necessarily a bad thing in all.

At the same time, the government house leader proposed a compromise for the Winnipeg Lab documents, which had been floated before dissolution but is back on the table now—which is procedurally dumb because the committee that requested those documents is non-existent, as is the order to produce those documents. If said committee were reinstated and they vote on a new motion to produce documents, then the government should have floated this compromise then, but no, they’re going ahead with it unbidden, which is silly. This compromise would see the creation of a new committee that would be advised by a panel of three former senior judges who would vet materials—but again, this is stupid.

The compromise was the National Security and Intelligence Committee of Parliamentarians. That was the point. It was the right venue for these documents to go to, and that’s where those documents were sent, before the Conservatives decided that theatre was more important (and the other two parties decided that embarrassing the government was also the point). All this is doing is muddying the waters even further, duplicating efforts, and making MPs even less trustworthy to Canadian security and intelligence services. Because our MPs are not interested in actual oversight or accountability—they are only interested in theatre, and that diminishes our Parliament for everyone.

https://twitter.com/StephanieCarvin/status/1466554090452762626

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