Roundup: A choice of passive voice

The reported death of Russian opposition leader Alexei Navalny triggered reactions around the globe, and especially at the security conference underway in Munich, where Navalny’s wife spoke shortly after the news. Reaction from Canadian figures was pretty swift. Justin Trudeau was on CBC radio and was quite blunt: “It’s something that has the entire world being reminded of exactly what a monster Putin is.”

And then there was Pierre Poilievre, who passive-voiced the whole thing.

Between this and his votes regarding the Ukraine trade agreement, it’s not unreasonable to conclude that he is winking and nodding to a certain online audience. And while certain pundits have been “We think the initial vote was a mistake and he can’t take the L so he doubles down,” I suspect it’s more like “Sure, some Ukrainian diaspora communities are going to be pissed off, but what are they going to do? Vote Liberal? Hahaha.” They have hitched their wagon to the far-right PPC-voting crowd because they think that’ll get them the votes they need to win, and this is a crowd, that is mainlining Russian disinformation online, and believe that Volodymyr Zelenskyy is a money-launderer buying yachts, that Putin is just trying to shut down “biolabs,” and throw in some antisemitic conspiracy theories about “globalists,” and it’s all stuff that Poilievre is willing to wink and nod to. Passive-voicing this statement was a choice.

https://twitter.com/acoyne/status/1758543572578484364

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Roundup: The AG’s report into ArriveCan

The Auditor General released her report into ArriveCan yesterday, and it was suitably scathing, but in spite of Pierre Poilievre throwing arounds words like “corruption” and blaming the prime minister directly, the AG’s criticisms were squarely directed to the CBSA. It bears mentioning that CBSA is a federal agency, not a department, which means that it operates at arm’s length of government. Unlike a department, they don’t have direct political oversight, and while the president of CBSA reports to the public safety minister, and will accept broad political direction, the government does not direct operations (much like the CRA or RCMP).

So just what did she find? A complete lack of paperwork, of checks and balances, or of proper management or contracting practices, right up to the point of the outside contractor taking senior CBSA officials out to dinners and helping write the terms for when the contract would be put out to tender in a way that benefitted them. Once again, it’s hard to pin this on the government or Cabinet because they’re not involved in this level of decision-making. The Conservatives like to characterise this as “Liberal insiders” or “cronies” getting rich, but again, the report draws none of these conclusions. Meanwhile, those senor officials are now suspended, and there is an ongoing RCMP investigation, which is appropriate, while CBSA’s internal audit is ongoing.

There is an open question as to the reliance on outside contractors, which may be appropriate considering that CBSA wouldn’t have required the presence of app developers on their IT staff as a matter of course, and I’m not sure if this could have been contracted out to Shared Services Canada either (though given SSC’s history, I’m not sure I’d be confident in the quality of that product). And that’s fair enough. The problem becomes that they cut every corner and disregarded the rules in the process, whereas transparent contracting and proper paper trails and records of approval processes could have shown this to be a viable exercise, but we can’t know that because of how they ultimately behaved. So, while Poilievre and Jagmeet Singh insist that civil servants could have done the work, I’m not convinced, but that doesn’t mean that this still wasn’t handled in the worst way possible.

Ukraine Dispatch:

Russian forces attacked a power plant in Dnipro with missiles and drones, cutting off power and water supplies to some residents. Analysis shows that Russia used Zircon hypersonic missiles against targets in Kyiv on February 7th. Ukraine is looking to produce thousands of long-range drones this year. Ukrainian military intelligence suggests that Russia has been obtaining Starlink terminals through third countries.

https://twitter.com/ukraine_world/status/1757040939929944128

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Roundup: The hit piece that wasn’t

Remember a week ago when Pierre Poilievre put out a tweet declaring that the Toronto Star was attacking him, and he tried to pre-spin a forthcoming story about he and his wife buying a $300 splash pool for their kids? Well, we finally saw that story on the weekend, and lo, it was nothing at all like Poilievre whiningly described. Instead, it was about how security upgrades have been made at Stornoway because of concerns that included those from the Sergeant-At-Arms of the House of Commons. Some “attack.”

This is, of course, how Poilievre likes to frame every media interaction, no matter what. The attacks he’s been making against The Canadian Press for the corrections they made to a story were not misquotes or certainly not a “hit piece” like he keeps saying—the corrections were because the journalist drew the links that Poilievre was hinting at in the remarks he made to a radio station. That was it. With the stories about Danielle Smith’s anti-trans policies and trying to get comment from Poilievre on them, he keeps accusing them of “disinformation,” when it’s nothing of the sort. We all know, of course, that this is him playing for clips that he’ll feed to his base on his socials, and that his friendly outlets like Rebel and True North will pick up on his behalf, but come on. At some point, you would think that people would see that the stories were not attacks and that he’s being a big crybaby over nothing. Of course, that would mean that their cognitive dissonance wouldn’t also kick in to avoid criticizing their leader, but come on. You’re not the victim here.

Ukraine Dispatch:

Russia launched 45 drones over Ukraine early Sunday, after they previous hit Kharkiv the day before, which killed seven. Russian forces are pushing into Avdiivka, and getting close to main supply lines, which creates a major challenge for the new commander-in-chief. Russians have been found using Starlink terminals in occupied territories in an organised manner, while Starlink insists that they haven’t sold terminals directly or indirectly to Russia.

https://twitter.com/ukraine_world/status/1756210514835722290

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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: 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: 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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Roundup: A ridiculous court appeal

There is a court case in Ontario, now being appealed to the Ontario Court of Appeal, filed by election reform advocates claiming that the existing single-member plurality voting system is unconstitutional because it violates Charter rights. It was rightfully dismissed by the Superior Court judge, because obviously, but there is something I did want to remark on. No, I’m not going to go into another rant about why I’m not a fan of proportional representation systems, or how most of their arguments deliberately misconstrue how single-member plurality works, but rather about how this is yet another attempt to use the courts when you lose at politics.

Beyond this kind of challenge being just on this side of lawfare, what gets me is how these kinds of groups seem to have zero conception of just what they want the courts to order in terms of a remedy, because that’s a pretty big deal. You want the courts to declare that the current system violates the Charter? Ignoring for the moment that their arguments are specious and jejune, what exactly do they think the courts are going to do? Order the federal government to implement a PR system? Which one? Because that’s kind of a giant sticking point. One of the main reasons why the electoral reform committee in Trudeau’s first parliament failed is because the recommendations in that report were hot garbage—design a bespoke system with a bunch of factors that rendered it virtually impossible to achieve without some major constitutional changes. PR is not one system you can just plug-and-play—there are so many variations of it that can wildly affect outcomes that it’s not inconceivable that it would degenerate into a major fight for years, while the court’s declaration of invalidity hangs over them. How does that work, exactly?

There are similar problems with other court challenges, such as the ones purportedly launched by youth over climate change. What exactly do they think the courts are going to propose as a remedy in that kind of a situation—and if you say “follow the science,” you deserve a smack upside the head, because science is a process, not a declaration. Science is not policy. The courts cannot impose policy, which is why it’s a really dumb idea to resort to the courts when you lose at politics. But that’s what we’re getting a lot of, and it means using the wrong tools and wasting a lot of time and energy to attack the problem in entirely the wrong way.

Ukraine Dispatch:

Ukrainian drones attacked an oil storage depot in western Russia, causing a massive blaze, as a way of unsettling voters ahead of their presidential election.

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Roundup: One great backbencher

Following his unsuccessful run to lead the Ontario Liberal Party, Liberal backbencher Nathaniel Erskine-Smith has confirmed he’s not running in the next election, which is a very big shame. Erskine-Smith has been the kind of backbencher that we need a lot more of in this country, which is to say someone who’s not afraid to rock the boat a little, and to vote against his own party from time to time on matters of principle. That’s exceedingly rare in Canadian politics, and mostly happens only among the Liberals in recent parliaments—Conservatives have a desire to show they’re in lockstep, and the NDP will quietly punish MPs who don’t show continued “solidarity” (and you’d better believe they have an internal bullying culture).

This being said, I’m was not sure that Erskine-Smith would have made a great party leader provincially. While he brought great ideas to the campaign, my concern would be whether someone like that, who wasn’t afraid of rocking the boat from a backbench position, could maintain that energy sustainably in a leadership role, particularly because of the number of compromises that leadership in politics entails. It makes it harder to maintain the kinds of principled positions that he has been able to take, particularly on areas where sitting governments can find themselves getting uncomfortable.

Maybe I’m wrong. Perhaps he could have made it work in leadership and brought a fresh energy to provincial politics the way he’s managed to make a particularly necessary contribution federally. Regardless, I hope he has inspired other backbenchers to take more changes and go against the party line from time to time, because we desperately need it.

Ukraine Dispatch:

Ukrainian forces shot down 22 out of 33 Russian drones launched overnight Thursday, which hit residential neighbourhoods in the southern city of Kherson, and the nearby community of Beryslav. Ukrainian forces also claim to have hit targets in St. Petersburg, which travelled 1250 km to get there. Russian forces claim to have taken over a settlement called Vesele in Ukraine’s east. Meanwhile, six settlements are being rebuilt under the rubric that economies win wars, but they are only building essentials like housing and hospitals, and not libraries or museums.

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Roundup: Frozen Alberta’s electricity woes

Amidst the frigid cold-snap on the prairies over the weekend, Alberta started facing a crisis of its power grid, with emergency alerts going out to ask people to reduce consumption lest rolling blackouts start happening. People complied, and crisis was averted.

Nevertheless, this gave the opportunity for certain premiers to try and blame this on clean energy rules, or to misconstrue those rules in the face of what took place over the weekend in order to tout how great coal is in order to score points, none of which helps anyone. But when your only calculus is to score points, well, that’s what politics has become.

Ukraine Dispatch:

Russia fired 37 missiles and three drones at Ukraine early Saturday, and only eight of those missiles were shot down, likely because of a deficit of air defence ammunition, and as a result, Dnipro and Chernihiv were struck. Meanwhile, Russians have been spending big on infrastructure projects in occupied territories to both draw closer links to Russian territory, but to convince people that they can better rebuild the territories.

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Roundup: Not a free press issue, but a trap

Because everything is stupid, we are being drawn into a dumb fight that is trying to de-legitimise legacy media, and legacy media is once again walking into the trap. To wit: On Tuesday, a Rebel “News” personality accosted Chrystia Freeland on the sidewalk outside of the PS752 memorial, and in the end was detained by police for an altercation. We can’t see exactly what happened because as soon as he was intercepted by the protective detail, his camera conveniently panned away, and returned to him as the police were arresting him for assaulting an officer. (He was later released without charge). There are legitimate questions if the police overreacted, and again, we can’t see what he did to them when the camera panned away, but this is not a free press issue.

To be clear: He is not a journalist. Ezra Levant and Rebel “News” keep testifying under oath in court that they are not journalists and not a news organization. And this particular performer, David Menzies, does this a lot—accost people, get arrested, and then Levant puts out a fundraising plea to their viewers, who dutifully shell out. This stunt was practiced, and the camera work seems to indicate just that. They’re already fundraising and claiming they’re going to sue Freeland and the police, because that’s their grift. And because everything is stupid and awful, Pierre Poilievre has decided to step in and claim that this is a freedom of the press issue.

Bullshit.

This isn’t about freedom of the press because Menzies is not a journalist, and Rebel is not a news outlet—by their own admission. But they pretend to be, and Poilievre is happy to go along with that fiction because this way he can try to de-legitimise reputable media outlets by saying that they are on the take from Justin Trudeau, and therefore suspect. It’s not really true, but Poilievre and his caucus have been engaged in this dystopian world-building to paint the picture that Trudeau is a despotic tyrant stripping away their freedoms who is telling the media what to write, and if they don’t, he censors and now arrests them (all of which is an absurd fabrication). And of course, Poilievre is data-mining and fundraising off of this, because again, he wants to get in on the grift.

He doesn’t care about the free press. He abuses legitimate journalists on the regular, and I have been at the receiving end of that. There was no concern about Menzies’ freedoms when he was arrested at previous Conservative events, having accosted both Melissa Lantsman and Andrew Scheer. But by trying to call out the Parliamentary Press Gallery for not condemning Menzies’ detention, and a bunch of mainstream outlets cluelessly not getting that this is grift and playing along, treating Rebel and Menzies as though they were legitimate, is doing the work of letting Poilievre de-legitimise them. It feeds his dystopian narrative, and creates the bifurcated reality where facts no longer apply. And this has the potential to get worse as Marilyn Gladu is trying to get the Commons’ heritage committee to take this up, meaning a full-on dog and pony show for the cameras that legitimate media won’t know how to handle themselves in, because they refuse to believe that they are the targets in this all-out offensive. This is actively damaging democracy, and by not being self-aware, legacy media are causing themselves more harm. This can’t end well.

Ukraine Dispatch:

The massive air assault Russia has launched against Ukraine is stretching their air defences, and they need more systems and ammunition, particularly of anti-aircraft guided missiles, some of which is being held up by the fighting in the US Congress. More than a thousand towns and villages have lost power because of winter storms affecting power systems that have been weakened by Russia’s assaults. Drone manufacturers in Ukraine are producing them faster than the country’s current budget can buy them.

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