Roundup post: Expediting a dubious legal challenge

On Saturday, the Federal Court ruled that they would hear an expedited case on the legal challenge of the granting of prorogation, citing the “critical” nature of the Trump tariff threats, and that this somehow requires the legislative branch of Parliament to be operating when in fact it does not.

Part of the problem is that the UK Supreme Court did overturn a prorogation when Boris Johnson requested it in the lead-up to Brexit, which led a bunch of bad actors in this country to decide they could use that precedent to challenge its use here, never mind that prorogations function slightly different in the UK (there, it tends to be an annual affair, separating shorter legislative sessions, which is not how it has operated here in many decades). There should be no reason why that precedent should apply in Canada at all, let alone in this particular circumstance, but we are dealing with people grasping at legal straws because they want to be able to run to the courts when they lose at politics, which is a Very Bad Thing for democracy and our entire constitutional order.

"Meaningfully debate."I'm as big of a Parliament nerd as they come, and frankly, there is nothing that six hours spent reading slogan-filled prepared speeches into the record will accomplish when it comes to those potential tariffs.

Dale Smith (@journodale.bsky.social) 2025-01-19T02:01:09.284Z

More to the point, nothing was happening in Parliament before the prorogation because of the filibuster, and everyone was threatening non-confidence when it did resume in January, so an election wouldn’t provide Parliament any ability to “meaningfully debate” the Trump tariffs then either. These arguments are specious, and I trust the judge will throw them out of court once the hearings happen, but unfortunately, these are not normal times, and we could be in for a very bad result if government lawyers can’t argue their case well enough.

Ukraine Dispatch

An overnight missile and drone strike killed six, including three in Kyiv. Russia claims to have captured two more settlements between Pokrovsk and Kurakhove. Ukrainian forces claim a pair of attacks on oil depots in Russia’s Kaluga and Tula regions.

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Roundup: Emissions cap unveiled

At long last, the federal government unveiled their long-awaited oil and gas emissions cap draft regulations, mandating that they reduce emissions by 35 percent by 2032, with the expectation that much of these reductions are going to come in the form of reducing methane emissions—much of which is already underway—and that production is still expected to rise by 16 percent over those eight years. (Five things to know about the proposal here). For an industry that insists that it’s going to be “Net Zero” by 2050, this would seem like an achievable milestone to get there along the way, but apparently not.

Danielle Smith had a meltdown and started threatening legal action, but can’t exactly articulate on what basis that would be. Certain newspaper columnists posited that she could somehow invoke the Notwithstanding Clause, which doesn’t apply to this sort of situation in any way, shape or form (and should be disqualifying for someone writing in a newspaper with a six-figure salary).

Industry insists this is going to kill them, but they’ve been promising reductions for decades and have taken plenty of government money to help them fulfil those promises that they are now insisting are impossible. So…at what point do we start calling them on their own bullshit? If their plan is to hope that there will be magical technology by 2050 that will painlessly reduce their emission for them, well, that’s their problem. They made these promises, and it’s time they show how they’re going to live up to them.

Ukraine Dispatch

There was another Russian air attack made against Kyiv overnight, but it’s too early to tell how much damage was caused. South Korea’s defence ministry now estimates more than 10,000 North Korean troops are in Russia, but the Pentagon cannot confirm if they are currently fighting in the Kursk region.

https://twitter.com/ukraine_world/status/1853389611604615191

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Roundup: So he is hiding something?

Over the past couple of days, Justin Trudeau and Karina Gould have been intimating that Pierre Poilievre has “something to hide” by not seeking his security clearance. It’s a stupid talking point, it trivialises the seriousness of the issue, and it descends to the same childish accusations that the Conservatives are lobbing at the government over the refusal to turn over certain unredacted documents related to SDTC as part of a banana republic production order (as the subject of the current privilege filibuster). It’s not cute, and it doesn’t make them look like the adults in the room.

And then along comes Michael Chong, who gave this cockamamie story to the Globe and Mail that because security clearances can involve invasive questions like sexual partners or past drug use, and that Trudeau is “so desperate” that he would use that information to publicly undermine Poilievre. But, and former CSIS director Ward Elcock made the point in the same piece, CSIS would never turn that information over to the PM, no matter the political pressure, so not only is Chong just making up conspiracy bullshit (as he has been wont to do increasingly of late), he is actually adding fuel fire by making it look like Poilievre does indeed have something to hide. Like, my dude, did you even think about your stupid conspiracy for five whole seconds before you blurted it out to Bob Fife? Honestly.

Remember when Michael Chong was a man of principle and didn't just constantly make up shitty conspiracy theories to suck up to his leader? #cdnpoli www.theglobeandmail.com/politics/art…

Dale Smith (@journodale.bsky.social) 2024-10-24T17:20:23.744Z

We all know that the reasons Poilievre won’t get the clearance is because it would require him to lie slightly less than he does currently. Poilievre even tacitly admitted this when he declared in QP “This prime minister will not gag me!” (Phrasing!) But by trying to take this “hiding something” schtick across the board is just tiresome when everyone should be striving to be grown-ups about this.

Ukraine Dispatch

Russians launched a thermobaric ammunition attack on Kupiansk in the Kharkiv region, while Ukrainian forces shot down 40 out of 50 drones overnight. Russian forces have been making a fast advance into the town of Selydove, which they have been trying to take control of. Ukrainian intelligence suggests that North Korean troops are already in the Kursk region.

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Roundup: Filibustering their own motion

The current privilege fight has ground business in the House of Commons to a complete halt, thanks to the tactics of the Conservatives, and they are trying to use this as some form of blackmail on the government, particularly as the government has been unable to move the legislation around the capital gains changes. Andrew Scheer even tried to be cute during the Thursday Question yesterday and said that if the government can’t conduct its own business, then they should call an election. Because of course he did.

While I won’t relitigate why this is an abuse of privilege that sets a terrifying precedent, it has been called out by the Government House Leader that the Conservatives are filibustering themselves because the whole point of this is that it’s supposed to go to the Procedure and House Affairs Committee so that it can be decided upon what should happen, but that’s inconvenient for the Conservatives. They would rather put up every single MP to speak to this issue to run out the clock, and so that they can all recite prepared scripts that scream “Liberal corruption!” even though that’s not what the Auditor General found. (Yes, there were conflicts of interest, but the government was not implicated in this at all). Gould asserts that the Conservatives are trying to keep it away from committee because the moment that committee starts calling witnesses, legal experts will point out the abuse of the parliamentary privilege powers and that this is banana republic behaviour, and she’s not wrong, but the bigger issue here is that the plan  of the Conservatives is to make the House of Commons as completely non-functional as possible through abuse of this privilege debate (which again, should have been over in a couple of hours at most with the matter sent to committee) so that they can claim further justification for an election.

If the other opposition parties wised up and stopped playing along with the Conservatives in their desire to embarrass the government for their own partisan aims, Parliament could be functioning a lot more smoothly and things they want to get passed could, but none of them seem to care much about the long-term implications of their actions (like the banana republic precedents) because scoring points is too much fun. There also remains that the government could prorogue Parliament for a day or two in order to kill the privilege motion, but that could set them up for bigger headaches, particularly as they want certain bills out of the Sente and prorogation would reset the clocks on them. In any case, the dysfunction is intentional, and the Conservatives need to be called out on the lies they are spreading to justify this behaviour.

Ukraine Dispatch

Russia launched a major drone attack over Ukraine, targeting 15 regions; casualties included two adults and a child after a drone struck a fuel truck in Chernihiv. Ukraine did hit Russian radar stations inside the country with long-range missiles, while Ukraine’s top commander has ordered defences bolstered in the east after the loss of Vuhledar. New NATO secretary general Mark Rutte visited Kyiv as his first trip in his new role.

https://twitter.com/ukraine_world/status/1841746253052321929

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Roundup: What the Bloc are demanding

As part of their demands in order to support the government, the Bloc Québécois have been making enriching pensions one of their main demands, and the government has (rightfully) been pushing back, and I’m not sure that everyone understands the issue. Certainly, there are columnists who have missed the details of this, which are actually long-standing, and think that there is enough fuzziness that the government can negotiate around it. No. This has been a specific Bloc demand since the Liberals first put in the policy of enriching OAS for seniors over the age of 75, because those seniors have greater needs and many have depleted their savings. The Bloc even have a private member’s bill that they are currently debating, but naturally this bill is out of order because PMBs can’t spend money, and that’s exactly what this bill is directing them to do. So, they are very specifically demanding a royal recommendation for this bill in order for it to actually be in order, voteable, and that it can do what they want.

It’s not going to happen. It shouldn’t happen, because the whole rationale is off. But they’re going to make life uncomfortable for the government soon enough if they don’t get their way, which is why this issue has taken over the spotlight over the past week.

Here’s Tyler Meredith to explain the proposal and the financial costs, and why it’s not something the government wants to sign onto.

https://twitter.com/tylermeredith/status/1836962451264327962

Ukraine Dispatch

Russians made three strikes on Kharkiv, injuring 15. Residents of Kyiv are being told to stay indoors because of smoke from nearby fires. Ukraine has banned officials using the Telegram app because they fear that Russians can access their conversations. President Zelenskyy says that top officials have discussed and come to an agreement around the need for more domestic arms production on faster timelines.

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Roundup: Speaker Fergus on the spot in new privilege battle

The brewing privilege battle over the Sustainable Development Technologies Canada documents is largely going under-reported, save for the National Post, but it’s going to be an interesting showdown with the Speaker about the refusal to turn over these documents. The government’s argument is that the stated purpose for demanding these documents is not for Parliamentary business, such as committee study, but because they intend to be turned over to the RCMP, which is in and of itself a problem because it does violate the separation of powers and really, really looks like politicians trying to direct the police (who have said that they don’t want the documents, because it would violate the Charter rights of any accused). I think this is a sound argument, and one that is necessary because of the ongoing abuses of privilege that the past couple of parliaments have engaged in.

Yes, Parliament has unfettered authority to send for the production of papers, but there have to be limits on this privilege, or it can be abused, and I think that this case demonstrates the limits. The complicating factor is that limits are especially difficult to maintain in a minority parliament situation because all of the opposition parties tend to be all be interested in embarrassing the government at any turn (and this is not unique to this government, but any government). It’s partly why NSICOP was fine during a majority Parliament but became the subject of political manoeuvring during the minority years—because opposition parties will try to use their leverage to embarrass a government or score points when they think they can.

I don’t envy Speaker Fergus in having to make this decision, but this kind of exercise is clearly beyond the pale. It’s not up to MPs to get information on behalf of the RCMP, and that crosses so many red lines that it should be blinding. He’s going to be criticized whatever he makes, but hopefully for the sake of precedent, he makes the right choice and rein in some of this foolishness, because once MPs feel empowered enough to do this to one organisation—SDTC in this case—they’re going to start going after anyone they disagree with ideologically on an increasing base going forward.

Ukraine Dispatch

Russians targeted a geriatric centre in Sumy, as well as the power grid, which a UN body believes is probably against international humanitarian law. Russia says they are ramping up their drone production tenfold (but that may just be all talk, given the sanctions and the availability of components).

https://twitter.com/ukraine_world/status/1836807096391676132

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Roundup: Looking for a magical, cost-free climate solution

In the wake of the NDP’s insistence that they will have a different environmental plan than the current carbon levy, they and their defenders are getting trolled pretty hard by economists, chief among them Andrew Leach, because he knows exactly what these systems entail. And the NDP’s solution involves mostly magical thinking, that somehow, they can come up with a “corporations will have to pay” scheme that won’t pass along costs to consumers, which won’t exist, whereas the current system ensures everyone pays a price (something like 41 percent of emissions are from households), and that those who are most exposed get compensation for the burden (the rebates), which encourage further reductions to maximise the compensation. And that shouldn’t be that hard, but the government has consistently been shite about communicating these facts, because they can’t communicate their way out of a we paper bag.

Ukraine Dispatch

A municipal building in Kyiv was hit by fragments of a Russian drone overnight, while two were killed in Russian shelling in the Sumy region. There was an exchange for 49 POWs. President Zelenskyy says that the incursion into Kursk has blunted an ongoing Russian advance in the country’s east. In case it isn’t obvious, here’s an explainer on why Ukraine needs permission to fire Western weapons deep into Russian territory. Intelligence suggests that Russia is now producing long-range kamikaze drones with Chinese engines and parts. Thus far, 8,060 Iranian-developed drones have been launched over the course of the war.

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Roundup: The sudden concern over redistributing asylum seekers

There is a particular strain of ugly anti-immigrant rhetoric which has largely been tamped down in this country but has started to re-emerge thanks to the permission structures being formed by the Republicans in the US, and which are being laundered into Canada by blaming the Liberals for somehow “breaking the consensus” around immigration in recent years with high arrival numbers, ignoring that the vast majority of these numbers have been asked for by provincial premiers. Nevertheless, the issue with asylum seekers (which are not economic immigrants) has disproportionately landed in Quebec’s lap because of the ease of border crossing there, and Quebec has made demands of other provinces to share the load.

Well, the federal minster, Marc Miller, has had discussions with provinces about taking more of these asylum seekers—with federal supports—but that was enough to get New Brunswick premier Blaine Higgs to start lying about it over social media. (Higgs is floundering in the polls ahead of an election and has been turning to Christian Nationalists as his strategy to stay competitive). And while Miller has called out Higgs for his fictitious alarm, it has already spread to other provinces like Alberta, Saskatchewan and Nova Scotia, with BC’s Conservative leader also weighing in (and talking out of his ass as he does about many, many files).

https://twitter.com/marcmillervm/status/1834359608481100045

Miller is an effective communicator, unlike most of his fellow Cabinet members, so he’s actually mounting a good defence, but we cannot forget that this particular xenophobic rhetoric has been creeping into the discourse here, enabled by certain premiers and by Pierre Poilievre who have been blowing this particular dog-whistle while the Elder Pundits shrug and insist that it’s not really happening because Canada is different (it is, but it’s not that different), but they see it being used effectively in the US, and in places like Hungary, and they want a piece of that action if it’ll get them the power that they crave. We’ll see if Miller can score enough blows, but I suspect that with the Elder Pundits dismissing the nature of these attacks, the effectiveness of his counters, even with receipts, will be blunted in broader public.

In case you missed it:

  • My Xtra column on the three upcoming provincial by-elections, and how conservative parties all moved further to the right in each of them.
  • My weekend column on the way the Public Accounts committee went from being the best, most non-partisan committee in Parliament to yet another sideshow.
  • My Loonie Politics Quick Take that explains Supply Days, and why they’re going to be a lot more weighty now that the NDP have reneged on their agreement.
  • My column on the tiff at TIFF over that Russian film, and why Conservatives blaming Trudeau are really telling on themselves about their own censorship ambitions.

Ukraine Dispatch

https://x.com/ZelenskyyUa/status/1834204204405039436

 

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Roundup: Calling for price caps

The NDP are at it again, and by “it,” I mean making stupid demands that should get them laughed out of any room they’re in. To wit, yesterday they demanded price caps on certain grocery items, claiming that the Loblaws settlement over the class action for the bread price-fixing scheme as “proof” that government needs to take action. I can’t think of a more economically illiterate argument that is trying to simply base itself on “vibes” that will only do far more harm than it will do good.

The high price of certain grocery items is rarely an issue of grocery chains hiking prices. It does happen, but there has been little evidence of it when margins have been stable. If you bother to actually pay attention to agricultural news or Statistics Canada data, it’s pretty clear that much of those price increases are a result of climate change-related droughts in food-producing regions, with the odd flash flood or hurricane also ruining crops, and driving up prices. The invasion of Ukraine exacerbated issues by throwing world markets for wheats and cooking oils out of whack, driving up prices as exports couldn’t get to market. And even if you have growing conditions that rebound, often price are locked into contracts with producers or processors for several years at a time, which can delay prices returning to lower levels as supply rebounds. But the point here is that most of this is explainable if you actually bother to look, rather than just screaming “corporate greed!” because you are ideologically predisposed to doing so.

More to the point, this just strikes me as a little bit of history repeating the demands for price controls in the mid-seventies as inflation was reaching double-digits, which then-prime minister Pierre Trudeau mocked with the phrase “Zap, you’re frozen!” We’re not there, and frankly the demand for price caps is frankly ridiculous, and if they persist, we should resurrect “Zap, you’re frozen” to mock them as relentlessly.

Programming Note: I am taking the next week or so off. Columns will continue on schedule but blogs and videos will be taking a bit of a break.

Ukraine Dispatch

Russia launched drone attacks against power facilities in two regions, prompting more power grid disruptions. Another drone attack appears to have overshot and struck down in Romania, but NATO doesn’t believe that this was an intentional attack. A leaked UN report is pointing to Russia as the culprit of an explosion at barracks housing Ukrainian POWs two years ago that killed fifty.

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Roundup: Clearing the decks before summer

It’s the last Wednesday of the spring sitting, and the big question is whether they’re going to pull the plug today or not. The government says there is still work to do—in particular, they want to push the Miscarriage of Justice Review Commission bill (Bill C-40) and the budget bill over the finish line, but the budget bill is up for a vote after QP tomorrow, leaving only C-40 at third reading debate, which is what is on for government orders tomorrow, and that’s the only bill they’re planning to bring forward for debate. This would make it pretty easy for them to pass a motion at unanimous consent to say something to the effect of it’ll pass on division or deemed pass at the collapse of debate at the end of the day, or some such if they really wanted, or to simply hold a vote at that point, and rise for the summer after that.

Of course, the Conservatives have been putting on a big song and dance about wanting to sit through the summer to “fix” the country, but we all know that’s all for show because that would mean nothing but more time for the government to keep passing bills and implementing their agenda, and that’s not what they want. They’re also trying to insist on committees sitting through the summer, but there are only two government bills at committee stage right now, so most of those meetings would likely be for private members’ business or for studies, and you can bet it’s going to be more of the latter, which would be little more than dog and pony shows to serve as clip factories while the House of Commons has risen. And if the Conservatives don’t agree for the House to rise tomorrow? Well, on the agenda are report stage debates on the cyber-security bill, the ports modernization bill, the (controversial) Métis self-government bill, and they have been debating the Elections Act changes, which the Conservatives and NDP are opposing because of bullshit objections to moving the fixed date back a week to avoid Diwali.

And then it’s up to the Senate to pass the number of bills on their plate, including the budget bill, and if they are true to recent form, they will race through their Order Paper until Friday, pass everything with little scrutiny other than maybe a few questions of the relevant minister at Committee of the Whole, and then rise by Friday, rather than stay another week or two to actually give things a proper review like they used to, back in the “bad old partisan days.”

Ukraine Dispatch

Ukraine is claiming responsibility for a drone attack causing a massive blaze at an oil reservoir in Russia’s Rostov region. Ukraine is investigating the suspected beheading of one of its soldiers by a Russian in the Donetsk region. Reuters has some photos of combat medics on the job on the front lines.

https://twitter.com/ukraine_world/status/1802984596122034588

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