Roundup: Planning to appoint a special rapporteur

After two weeks of pretty much flailing on the subject of allegations of Chinese influence on the last two elections, Justin Trudeau held a late-day press conference yesterday to declare that he was going to appoint a special rapporteur to deal with these allegations, who would take a look at the situation and determine if a public inquiry or commission was necessary to look into the matter, and if so, to determine what the terms of reference should be for it.

On top of that, Trudeau also:

  • Asked both NSICOP and NSIRA to conduct their own investigations into the allegations;
  • Launched formal public consultations on a foreign agent registry (with the caution that we have to be careful about how to go about registering people from certain nationalities given the history of this country);
  • Established a new National Counter Foreign Intelligence Coordinator within the department of Public Safety;
  • Called for a plan to address outstanding recommendations from NSICOP and the Rosenberg Report within 30 days;
  • Pledged $5.5 million for civil society groups to counter disinformation.

It was a lot, and there are a few things worth noting in there. The recognition that they have dragged their feet on past NSICOP recommendations is significant, because NSICOP had previously found the federal government slow to react in the 2019 election. That this current crisis is kicking their asses into finally acting is a good thing, all things considered.

The Conservatives are already outraged saying that this is too secretive, and the NSICOP is a “trap” for their members—which is, of course, bad-faith bullshit, because if they were being unduly silenced or felt that official redactions to the reports were unfair, then they would resign in protest, which no member of NSICOP has ever done. The NDP were saying this was a “baby step” in the right direction but still want a public inquiry (but remember, there is no problem in this country for which the NDP does not demand an independent public inquiry). They may yet get one. Trudeau said he would consult with opposition leaders on who would be the special rapporteur, so he can at least launder any accountability for the appointment through them (not always a good thing, guys!), and we’ll see how that goes in the next few weeks. Nevertheless, it’s a bit surprising that it took Trudeau two full weeks to get to this point, and it shouldn’t have, but once again, he and this government can’t communicate their way out of a wet paper bag, and this has once again left them looking weak, and incapable of dealing with the issue.

Meanwhile, the Star has more reminders from the Chinese diasporic communities that they have been sounding the alarm for nearly twenty years and have been consistently ignored.

Ukraine Dispatch:

President Volodymyr Zelenskyy says his advisors were unanimous in their agreement to press the fight at Bakhmut and not retreat. American analysts are saying that even if Bakhmut were to fall, it wouldn’t change the tide of the war in any appreciable way. Meanwhile, photos have shown that the town of Marinka, which used to be home to 10,000 people, has been completely razed to the ground by Russian forces. A new top anti-corruption investigator was also appointed on Monday, as part of the ongoing efforts to clean up the system for future EU membership.

https://twitter.com/ukraine_world/status/1632819587405295616

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Roundup: Listening to diasporic communities

Because we’re still talking about the allegations of foreign interference in elections, journalists are now officially in the “badger and hector” stage of demanding the government call some kind of independent inquiry, which Trudeau refuses to do (for good enough reasons), and he’s getting a bit exasperated and even snappish in his replies to the same questions, over, and over, and over, and over again. (Oh, the memories of journalists demanding he invoke the Emergencies Act every single day at the start of the pandemic). More to the point, Trudeau did make a point of saying that it’s often diasporic communities, and the parliamentarians who come from them, that are at greatest risk of this foreign interference, and there has been a fairly tremendous silence in the media from those voices. It’s not just Chinese influence we need to be on guard for, but Hindu nationalism is also becoming a worrying force within Canada. Nevertheless, Power & Politics did get one activist on the air yesterday, and actually did some critical self-reflection and media accountability along the way, which is virtually unheard of, so please do check out that interview.

Meanwhile, Morris Rosenberg is now doing interviews about his report, and he talked about the recommendation to lower the threshold for making public these attempts at interference. Also, a reminder that we can’t assume that the leaks being fed to media are from CSIS—merely someone who has access to their reports.

https://twitter.com/StephanieCarvin/status/1631670700338446336

Meanwhile, there is a very good point being made that while NSICOP should be the venue by which these issues are being discussed, the government has not exactly acted on their recommendations in the past, and that remains a problem.

https://twitter.com/Dennismolin11/status/1631779724841066506

Ukraine Dispatch:

Russian Forces claim that they have nearly encircled Bakhmut, and are blasting bridges out to the west, but Ukrainian forces have not given up their positions just yet. President Volodymyr Zelenskyy reiterated his call with American and European officials that Russia needs to face war crimes prosecutions for is actions during its invasion of Ukraine. On a related note, a village outside of Kyiv is still digging up bodies from their brief Russian occupation.

Good reads:

  • Justin Trudeau says an Indigenous Commissioner of the RCMP is an “excellent idea,” and no. It’s the same toxic structure and culture and would change nothing.
  • Mélanie Joly and her Chinese counterpart had a testy exchange at the G20 meeting in New Delhi over the allegations of Chinese interference in elections.
  • The government plans to finally—finally!start debate on their digital privacy bill after letting it languish on the Order Paper for the past nine months.
  • An autopilot software glitch has been identified as the cause of a military helicopter crash in 2020, and a fix has not yet been implemented across the fleet.
  • The Senate Speaker and two other senators are facing criticism for meeting with the Speaker of Israel’s parliament, who is a far-right figure in that country.
  • Surprising nobody, Google’s CEO is not accepting the summons to appear at the Commons’ heritage committee, but will send his country manages instead.
  • The Northwest Territories is calling out Alberta for not notifying them of an oil sands tailings pond spill into their shared waterway.
  • That BC company is walking back some of their claims about getting a licence to produce and sell cocaine commercially.
  • Stephanie Carvin gives a primer on what we’re talking about when we talk about intelligence (and why it’s not evidence, since people have difficulty with that).
  • Jessica Davis gives an explainer on just what constitutes foreign interference, and lists three recent examples of what does and doesn’t qualify.
  • Shannon Proudfoot imagines Pierre Poilievre through the lens of the Mr. Men books, and how he went from Mr. Mouth to Mr. Nothing to See Here.
  • Chris Selley points out that as of yet, nobody has bothered to challenge Quebec’s blatantly unconstitutional law to opt out of the Oath to the King.
  • My Xtra column wonders why the government hasn’t appointed a special envoy for LGBTQ+ issues, as many of our contemporaries have.
  • My weekend column points out that we shouldn’t need a public inquiry into election interference if MPs would be grown-ups and use NSICOP like it is intended.

Odds and ends:

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Roundup: Few answers at committee

The Procedure and House Affairs committee met yesterday for an emergency meeting around these recent allegations of Chinese interference in the last election, and it wasn’t the most illuminating exercise—not just because MPs constant attempts at point-scoring, but because most of the national security agencies couldn’t answer very many questions, because answering questions can jeopardise sources or investigations. And we got the same cautions that virtually every media outlet is ignoring, which is that intelligence is not evidence, and much of it is out of context or incomplete, which is why everything needs to be taken with a grain of salt and not repeated credulously the way absolutely everyone is.

We did learn a couple of things. The first is that the RCMP were the ones who opted not to proceed with any investigations or charges around interference when presented with information about it. The second is that the prime minister is being briefed constantly about these kinds of threats, and that the problem is getting worse instead of better.

And then there were all of the calls for a national public inquiry, which the NDP insisted they were going to try and look tough in demanding. Not to be outdone, Poilievre not only demanded an inquiry, but said that all recognised party leaders had to have a say in who would chair it, otherwise it would just be another “Liberal crony” (which was again used as a smear against Morris Rosenberg). The prime minister’s national security advisor said that a public inquiry wouldn’t get many more answers because of the nature of the secret information, and all of that would still be kept out of the public eye, which is a good point. Incidentally, the opposition parties cannot demand a public inquiry—it doesn’t work like that. They can’t force a vote in the House of Commons, or anything like that, so this is once again, mostly just performance.

Ukraine Dispatch:

Despite the warnings that the Ukrainians may not be able to hold Bakhmut for much longer, they nevertheless held positions for another day, while Russian forces are also gearing up for a renewed offensive in the Zaporizhzhia region.

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Roundup: Silence on some un-apologies

After Friday’s dubious denunciation of visiting far-right extremist MEP Christine Anderson by a proxy of Pierre Poilievre, and notably not Poilievre personally, either in front of a camera or on social media, and Colin Carrie’s completely insincere apology and lies that he didn’t know who Anderson was, well, the other two MPs doubled down. Despite the party-written apology, Leslyn Lewis used whataboutery in order to defend her meeting, while Dean Allison told a known white nationalist that he wasn’t consulted about the apology and didn’t agree with it, and found Anderson to be a “good lady.”

And Poilievre? Well, he was tweeting about a Black History Month event with Lewis, after she defended her meeting with Anderson, and has not distanced himself from Lewis’ meeting or her whataboutery in any way. So, it sounds like there’s a problem here.

Meanwhile, the Conservatives appear to be content to wink and nod to these extremists, and will simply issue more insincere apologies every time they get caught out, because that’s the whole game these days.

Ukraine Dispatch:

While battles continue to wage around Bakhmut, president Volodymyr Zelenskyy is calling for yet more sanctions on Russians, in order to keep ratcheting up the pressure on them. But with any sanction regime, compliance is key. Ukraine’s energy minister says half of the country’s energy infrastructure has been damaged by Russian attacks since October. And here is a look at how the war is impacting children in Ukraine.

https://twitter.com/zelenskyyua/status/1629796414816415746

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Roundup: The frustrated Commissioner was part of the problem

The outgoing Ethics Commissioner is starting to do exit interviews, and he’s expressing frustration that these kinds of ethics violations keep happening, despite the law being in place for 17 years now. To that I say two things:

1) No matter how many rules you put in place, it won’t matter because the Liberals under Trudeau fundamentally believe that so long as they mean well, the ends will justify the means, and that it’s better to simply apologise after having broken rules than it is to scrupulously and slavishly adhere to them in the first place. You can’t just put new rules to stop them from that particular belief, and no amount of training from the Commissioner’s office is likely to shake them from such beliefs.

2) Our ethics regime sucks, in large part because so much of it is predicated on the whims of the Commissioner, and this Commissioner had a lot of whims. His predecessor had a habit of reading her mandate so narrowly that nothing ever applied, except for a small handful of cases, one of which was Trudeau’s vacation with the Aga Khan, in which she made up rules around what a family friendship entails. The current Commissioner has been the opposite, reading his mandate very, very expansively so that things it should not encompass, it does (like the SNC-Lavalin issue). He has made up statutory interpretation from whole cloth, such as the definition of what constitutes “family” under the Act, and capturing relatives through marriage that no other statute in the country captures in its definitions (the issue with Dominic LeBlanc). There is no consistency, and even when they believe they are within the law, he will make up a rule that says they’re not.

I’m not suggesting the Liberals are blameless, because they’re not (see the part about them not caring about rules), but the statue itself is a problem, as are the perceptions around it, and the apocalyptic language being used to describe minor transgressions. They keep talking about the transgressions making it hard to have trust in politicians, but when the system itself fails them because it’s poorly designed and poorly administered, it’s just one vicious circle that nobody wants to show a way out of.

Ukraine Dispatch, Day 359:

Russia launched 36 missiles early in the day and struck the country’s oil refinery, while also shelling two dozen settlements in the east and south of the country.

https://twitter.com/ukraine_world/status/1626479351045804032

https://twitter.com/denys_shmyhal/status/1626151901686337538

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Roundup: Opposing amendments at committee

I find myself amused by the ongoing stories that some Liberal MPs may vote against the official languages bill when it comes out of committee as amended, and the constant oh noes! Trudeau is losing control of his caucus! narrative that accompanies it. This said, there are egregious amendments that I have a hard time believing that they’re in order, because they reference provincial legislation in Quebec. For example, the change to the preamble of the bill to acknowledge Quebec’s Law 96 should have no place in federal legislation. There is also an amendment that says that if federal and provincial language laws come into conflict, the provincial law (especially Quebec’s Law 96) takes precedence, which is against every single constitutional practice and statutory interpretation principle in this country, and beyond that, it sets an absolutely terrible precedent for other areas of the law where one level of government tries to impose something on another jurisdiction, and because this one went unchallenged its okay. Yeah, we don’t want that to happen.

As mentioned, these are a result of Conservative and Bloc amendments, and the Conservatives are back to pandering to Quebec voters (and François Legault) by being as shameless as possible in trying to out-bloc the Bloc, and in some cases, they are being supported by the NDP’s Niki Ashton. It stands to reason that if the government objects to a number of these amendments, they can vote them down during report stage debate, and that would mean the whole chamber is voting, not just the Bloc and the Conservatives, so it could be enough votes to ensure that these amendments are left out of the final bill, which would mean this “rebellion” by a few Liberal MPs has done its job. There are still a couple of meetings left for this bill in committee, so we’ll see what the final shape of the bill looks like.

Ukraine Dispatch, Day 358:

Russian troops are mounting constant attacks, and are claiming to have broken through two fortified lines in the Luhansk region (but they make lots of claims that aren’t true), while the regional governor denies that Ukrainian troops are in retreat. The Russians have been changing their tactics at Bakhmut, moving in smaller groups, without the support of tanks or armoured personnel carriers, and the Ukrainians are adapting to the new tactics. Reuters has a photo essay of one family’s evacuation from the area near Bakhmut, during which their grandmother died in the van.

https://twitter.com/ukraine_world/status/1625861957549948929

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Roundup: An upcoming vacancy that will be impossible to fill

The report was expected after the complaint had been made, but yesterday, the Conflict of Interest and Ethics Commissioner released a report that confirmed that Liberal MP Greg Fergus did break the rules by writing a letter of support to the CRTC for a constituent, given that he is a parliamentary secretary and that position could be construed as trying to exert pressure on a quasi-judicial body. Fergus owned up to the mistake and apologised, and the Commissioner suggested that perhaps ministers and parliamentary secretaries would benefit from additional training from his office.

But that wasn’t all—the commissioner, Mario Dion, announced that he would be retiring in a few days because of persistent health issues. While Dion has not been a great Commissioner (some of his rulings have been highly dubious because he over-interpreted his mandate or his enabling statute), the real problem is going to be in finding a replacement, because the legislation about who can apply for the job is, well, nearly impossible to meet. The previous Commissioner, Mary Dawson, needed to keep extending her tenure because they couldn’t find anyone to replace her, and now Dion is leaving without a replacement in the wings. And like I said, the criteria are nigh-impossible, because there are vanishingly few retired judges in this country who want the aggravation of this job with its modest pay, and the other option is the head of an administrative tribunal (which is how Dion got the job), and again, there are only so many of those. So good luck, MPs—you’re really, really going to need it.

Ukraine Dispatch, Day 357:

Russian forces were concentrating their artillery on Bakhmut and the surrounding settlements. Meanwhile, NATO defence ministers met in Brussels to discuss getting more firepower to Ukraine as quickly as possible, now that Russia’s new offensive has begun. Germany has signed a deal to produce more ammunition for the anti-aircraft guns provided to Ukraine.

https://twitter.com/lyla_lilas/status/1625525076182310912

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Roundup: A baffling way to fast-track a bill

The House of Commons began their fast-tracked debate on Bill C-39 yesterday, which is the bill to delay the onset of making mental disorder the sole criteria for accessing Medical Assistance in Dying, but even before debate got started, the government moved their motion to fast-track it in the most unusual and frankly unserious way possible. The motion extends sittings to midnight Monday and Wednesday (they sat until about 10:30 last night), all in the service of second reading debate. At midnight or collapse of debate on Wednesday, the bill is deemed to have been adopted at second reading, deemed to have been send to committee of the whole, deemed adopted and reported back, deemed to be adopted at third reading, and sent off to the Senate. The same motion also authorized the justice committee to sit as long as they need to today to consider the bill, and to be given priority of resources (i.e. interpreters) from any other committee for their study. But they don’t actually report back to the Commons (remember it is deemed to have gone to committee of the whole), so I’m not sure what the point of the exercise is.

Procedurally, this is bonkers, and furthermore, it just exacerbates the fact that we have a completely broken understanding of what second reading debate is supposed to be in this country. It’s where you debate the overall purpose of the bill, and it should last a single afternoon, with a handful speeches and some debate, and then be sent off to committee where they can do the real work. But instead, our Parliament has decided that second reading debate needs days upon days of canned speeches—particularly on a bill like this where everyone can stand up and say how “deeply personal” the issue is, and where a large number of Conservatives in particular can decry it and repeat a bunch of false assertions and misinformation about what this is supposed to be about. None of how they went about this makes any sense (and I remind you that the bill is one line). If all of the parties decided to fast-track this, there should have been a single speech from each party, and then to send it to committee for actual consideration today, so it can be sent back on Wednesday for final consideration. They didn’t need to contort themselves in this way in order to give everyone speaking time (like they did with the interminable speeches for the invocation of the Emergencies Act).

Once again, this is another signal of how unserious our Parliament is, and that it has devolved into little more than an exercise in reading canned speeches into the record. Nobody is actually being served by this, and our MPs need to grow up and start actually engaging with the material before them.

Ukraine Dispatch, Day 356:

Bakhmut and its suburbs are being subjected to heavy shelling as Russia’s new offensive has begun, and Ukraine says that they have fortified their positions in the area. Russians have also struck in Kharkiv, Luhansk and Zaporizhzhia regions, and have been fortifying their own positions in the south of the country. Meanwhile, the Secretary-General of NATO warned that Ukraine is using ammunition faster than allies can provide it, and is trying to put pressure on Western defence industries to ramp up production as Russia is with its own industries.

https://twitter.com/ukraine_world/status/1625178486926196740

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Roundup: The PBO has opinions to share

The Parliamentary Budget Officer appeared at the Senate finance committee this week, and seems to have unloaded a litany of complaints about the government. I’m just not sure that the things he was complaining about were actually his purview to do so. You see, in spite of the media terming him a “fiscal watchdog” or a “budget watchdog,” he’s not actually a watchdog of any kind. He has no authority to be opining on how government is operating their programs, because that’s the Auditor General’s job. His job is to provide analysis of macro-economic and fiscal policy, and promoting greater budget transparency. I’m not sure how any of what he said at the Senate had to do with that.

One of things in particular that is of concern is his attack on the CRA around recovery of possible CERB and CEWS overpayments, and the fact that they said it wasn’t worth it to go after every possible overpayment. The way Yves Giroux describes this however was that they weren’t going to follow up on any of it, which isn’t what they said. Additionally, I find it really interesting the way that absolutely everyone is just taking the Auditor General’s word that it’s $15.5 billion in potential wage subsidy overpayments because the CRA says that her methodology for arriving at that figure was flawed, and that it’s not nearly that high. Ah, but in this country, we worship the Auditor General and believe her to be a flawless entity from a higher plane of existence who is infallible. That’s not actually true, but nobody is ever willing to stick their necks out to dispute her figures, and to push back when she’s wrong, which she very well could be this time. The fact that nobody is willing to challenge those figures, including the PBO, is concerning (and frankly, given how much he enjoys inserting himself into other spaces where he doesn’t belong, it’s difficult to see why he didn’t do so here as well).

Ukraine Dispatch, Day 351:

President Volodymyr Zelenskyy visited London and Paris to make his plea for more weapons, and most especially fighter jets. He’s off to Brussels today to continue his pleas to EU leaders. Zelenskyy also seems to be disputing accounts that he is shuffling his defence minister, so we’ll see what happens.

https://twitter.com/RoyalFamily/status/1623335580074377219

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Roundup: A ten-year health “deal”

Before the big meeting between Justin Trudeau and the premiers, Trudeau had a one-on-one meeting with Alberta premier Danielle Smith, and it was…awkward. From her limp handshake to her hectoring about the “just transition” term, it was certainly something.

When the big meeting did happen, Trudeau and his ministers kept the attention on the big number: $198 billion over ten years, of which $46.2 billion is new funds, beyond planned increases in the Canada Health Transfer, and other promised funds for things like boosting the pay of long-term care workers and to hire front-line health workers. I am curious about this immediate $2 billion with no strings attached, intended to help meet things like surgical backlogs, but which you know premiers are going to use elsewhere (at least two of them have imminent elections) because they will immediately cry that this is one-time funding and not stable, long-term predictable funding. The increase to the transfer is tied to better data and increased digitization (which, frankly, was supposed to have been completed by now), plus $25 billion for the one-on-one deals with each province to meet specific needs, and finally another $2 billion over ten years for Indigenous health outcomes.

https://twitter.com/kevinmilligan/status/1623077585847726080

Of course, premiers aren’t happy because it wasn’t as much money as they wanted, and there are strings. Some, like Doug Ford, kept trying to spin this as “a down payment” when the federal government was pretty quick to say this money is it. And then you get former premiers like Jean Charest coming out of the woodwork to insist that strings attached is “risky,” while he repeats the straw man arguments that the federal government is trying to “run emergency rooms,” which absolutely nobody has ever stated, while the federal government just wants health dollars to be spent on healthcare. Nevertheless, the message from the federal ministers is that they expect these one-on-one deals with provinces to be signed in weeks, not months, because they want this all done before the federal budget. The Star has a look at how the logjam broke down, a little at a time.

“Losing control”

One of my perpetual pet peeves of mainstream media in this country is this insistence that we want MPs to be more independent, but the moment they show a glimmer of independence, we rend our clothes and wail that the leader is “losing control” of his or her caucus, and lo, it’s happening again. The story is about a group of Liberals, mostly from Montreal, who have taken exception with the preamble of the official languages legislation which recognises Quebec’s provincial language laws, which they object to both because it restricts anglophones in the province, but because a federal bill shouldn’t enshrine a provincial law in federal statute, and it was a dumb move by the federal drafters to put that in the bill. And one of the Liberals’ Franco-Ontarian MPs is pushing back. OH NOES! Trudeau is “losing control” of his caucus, as opposed to “he drafted a sloppy bill,” or “the minister didn’t consult her own gods damned caucus first.” The narrative is “losing control.” Zeus wept.

Ukraine Dispatch, Day 350:

Ukrainian forces are claiming to have killed 1,030 Russian troops overnight on the front lines in the eastern part of the country. Meanwhile, president Volodymyr Zelenskyy has thanked parliament for approving his new cabinet picks as he shuffles up his ministers, including the defence minister.

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