Tag Archives: Supreme Court

Roundup: Running interference for Scott Moe

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There is no shortage of terrible opinion pieces in Canadian media, but I believe that the prize for utterly missing the point comes from the Globe and Mail yesterday, where John Ibbitson tried to lay the blame for Saskatchewan’s flirtation with lawlessness on Justin Trudeau, with the headline accusing him of “botching” national unity. It’s a…curious accusation, because the implication therein is that if the federal government doesn’t accede to every demand or tantrum of the provinces that they can be accused of damaging national unity. I take that back. It’s not curious, it’s utterly absurd and wrong.

Ibbitson goes to great pains to both point out how unprecedented it is that Saskatchewan is going to break federal law, but then turns around to run interference for Scott Moe and tries to insist that this is really Trudeau’s fault because he used federal spending powers to “bend provinces” to his will rather than negotiate, and in imposing the federal carbon price on provinces who failed to meet national standards. Both of those are half-truths at best—there is nothing illegitimate about using federal spending powers to get provinces on board to ensure that there are equitable services across the country, particularly for programmes with greater economic good such as early learning and child care. As for the carbon price, provinces had an opportunity to come up with their own system that met minimum standards, and most provinces refused. He also didn’t explain that when the system was enacted, most provinces already had carbon pricing in place (Alberta and Ontario both changed governments who dismantled their systems and were subsequently subjected to the federal system), and he doesn’t spell out that BC and Quebec have their own systems that meet the standards.

Yes, the federal government should have found a different solution to the problem of heating oil than the “pause,” and doomed themselves when they announced it with all of their Atlantic MPs behind them. I’m not disputing that. But while Ibbitson insists that this doesn’t justify Saskatchewan’s lawlessness, he thinks that the best solution is to “reach some sort of compromise.” Like what? He won’t say. He just laments that “Canada doesn’t work like that right now.” Did it ever? What compromise can there be when one province breaks the law and tries to justify it with a fig leaf of “fairness” but obscures the facts and truth of the situation? This kind of white bread, milquetoast “Why can’t we find a compromise?” handwringing is a hallmark of a certain generation of punditry, and it serves absolutely no one.

Ukraine Dispatch:

Ukrainian forces downed 33 out of 37 Russian drones fired at Odesa, the remainder of which damaged infrastructure, though there were other attacks in the north in Sumy and Kharkiv that cost civilian lives. There are concerns that safety is deteriorating at the Zaporizhzhia nuclear plant, as the international community keeps trying to convince Russians to leave the site. India says they have encountered a human trafficking racket which promises young men jobs in Russia, and then forces them to fight in Ukraine on their behalf.

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Roundup: No, East Coast LNG isn’t going to happen

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With the news out of Ukraine becoming more pressing, we’re once again seeing some bad faith takes in Canada about how we should be displacing Russian gas with our LNG, which is never going to happen. Ever. And people should know this, but they keep clinging to this fantasy because it sells to a particular base, but lying is lying, whether it’s to yourself or to your voters.

As always:

Ukraine Dispatch:

A Russian drone attack hit an apartment building in Odesa over the weekend, and the final tally shows twelve people were killed, including a baby. President Volodymyr Zelenskyy is calling on Western allies to summon the political will to get them the aid they need (speaking mostly to the Americans for that one). Veterans across Ukraine have been disavowing medals in support of a gay soldier whose medal was rescinded by the church.

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Roundup: The uncertain final direction of pharmacare

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The political reality of the pharmacare legislation is sinking in with one party, but not another, and you can probably guess which. Both Justin Trudeau and Mark Holland have been fairly circumspect in talking about where the system is going, and how coverage of the two classes of drugs will wind up looking like and costing because that’s entirely up to negotiations with the provinces, and nobody wants to wake up to that fact. This programme has been oversold from the beginning, and the NDP keep doing this victory lap while sticking their fingers in their ears and shouting “LALALALALA!” whenever anyone mentions the provinces, because they don’t want to hear it, and don’t even get me started on legacy media ignoring the provinces in this either.

One of the key details as to the future of pharmacare is that the Canadian Drug Agency will be doing work on a list of essential medicines within a year of royal assent, which could be the basis of a national formulary, but this again needs to be negotiated with the provinces—yet another one of those things that the NDP keep loudly ignoring whenever it gets raise. If this is to be a cost-shared programme—and it needs to be because there is no way the federal government can pick up the whole tab on this—then provinces need a say in that formulary. The Agency can also help coordinate the bulk purchasing that is what makes national pharmacare economically viable, and is going to necessarily be the cudgel that gets the provinces on board—there is more purchasing power if the whole country does it in one fell swoop rather than each provinces or a group of them banding together, and we need to remember that this is not just over-the-counter pharmaceuticals, but those used by hospitals and in clinical settings, which is why the provinces should have a vested interest in making this happen, because they pay for those out of their healthcare budgets.

I would also point out that the federal government has been doing the actual work of making this happen for years, because they got the Agency up and running quietly over the course of several years, while the NDP were alternately screaming and preening about this framework legislation that remains a case of putting the cart before the horse. So while the NDP take turns patting themselves on the back for this bill, the Liberals have been pretty quiet about doing the actual hard work, which again, baffles me entirely because they have a good story to tell if they actually bothered to try.

Ukraine Dispatch:

Russians appear to be massing a large force near the city of Chasiv Yar in the eastern part of the country, hoping to make a breakthrough in the Donetsk region, as they now have the advantage in ammunition and personnel. The Netherlands has signed a security agreement with Ukraine, and is promising more artillery funding.

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Roundup: Blaming the wrong government for the shortage of doctors—again

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Because this is sometimes a media criticism blog, I turn to the big piece on the weekend the CBC ran about family doctors, and which its author, JP Tasker, pursued while in the fill-in host’s chair on Power & Politics yesterday. This is something Tasker has been on for a while now, and he seems to think he’s on a righteous crusade about the shortage of doctors in Canada, and yet his article misses almost all of the important parts of the discussion, while he kept trying to set up this dichotomy on P&P between more doctors and pharmacare, getting that wrong as well, as it too will rely on provincial governments.

Reading the story, you wouldn’t know that healthcare is a provincial responsibility. There are mentions of the deals that the federal government has been making with provinces, but the focus remains on this somehow being a federal issue when its not. And the main cause of the shortage of doctors traces back to the cuts in the 1990s, when provinces cut the number of medical school and residency spaces as part of their cost-saving measures after the federal transfer cuts. While this isn’t mentioned, what is also not mentioned is that when the Martin government re-invested in health transfers, the provinces didn’t similarly reinvest. They didn’t significantly re-open training or residency spaces like before. And as the health transfers were rising at six percent per year, health spending by the provinces were certainly not, and a lot of that money that was supposed to go to healthcare went to other things (often lowering taxes or reducing provincial deficits). And now here we are reaping what has been sown, but are the provinces being blamed for the problems they created? Of course not.

These were their choices. It’s their jurisdiction. They should be the ones who shoulder the blame here, but in this country, legacy media is allergic to holding premiers accountable for pretty much anything (except maybe education), and once again, they get to skate after shitting the bed, while the federal government is being given all the blame. If there’s a chef’s kiss of just how terrible Tasker’s article is, he got a quote from someone who said the ArriveCan money should have been spent on hiring doctors, as though that was something the federal government could do. Slow clap.

Ukraine Dispatch:

Russian forces say that they have crushed the last pockets of resistance in Avdiivka now that the Ukrainians have pulled back. Those Ukrainian forces are now digging in to new positions just outside of Avdiivka to repel further advances. President Volodymyr Zelenskyy visited the front lines in the north-eastern part of the country.

https://twitter.com/zelenskyyua/status/1759625711353053426

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QP: Call in the RCMP…that we don’t direct

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Both the prime minister and his deputy were present today, as were all of the other leaders, so that was nice to see. Pierre Poilievre led off in French, and after reciting some slogans, he mischaracterized the Auditor General’s report into ArriveCan and boasted that he wrote to the RCMP to call on them to expand their investigation into wrongdoing and demanded that the prime minister not block their efforts. Justin Trudeau stated that the pandemic was a once-in-a-century event and that they expected rules to be followed in spite of this, and that the RCMP will do their job, but that this government is for border security, which the Conservatives vote against. Poilievre listed some revelations in the report and demanded that the prime minister respect the independence of a criminal investigation. Trudeau assured him that they would, and that there would be consequences for any civil servants that broke rules. Poilievre switched to English to repeat his boast that he wrote the RCMP to expand their investigation, and Trudeau repeated that the pandemic was once-in-a-generation event, and that they expected civil servants to follow the rules, but they don’t need to tell the RCMP to do their jobs. Poilievre howled that Trudeau keeps blocking investigations and accused him of filling the pockets of friends, all of which is specious on its face. Trudeau said that this was an example of Poilievre reverting to type and playing partisan games. Poilievre tried to spin this as Trudeau calling the Auditor General the conspiracy theorist, which was bizarre. Trudeau said that Poilievre needs to work on his listening skills, and that they await the results of the investigation so that those who broke the rules will be held to account.

Yves-François Blanchet led for the Bloc, and wanted the government to adopt the motion to allow for advanced directives on assisted dying. Trudeau recited that this is a very personal decision, and that they responsible for ensuring that vulnerable people are protected. Blanchet insisted that they move ahead with their motion, and Trudeau insisted that these are the kinds of conversations they need to be having.

Jagmeet Singh rose for the NDP and quoted the National Housing Advocate and demanded that he follow her recommendations. Trudeau said that he welcomed the NDP’s support in their housing measures. Singh repeated his demand in French, and Trudeau said that they will continue to listen to community organisations and municipal partners. 

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Roundup: The hit piece that wasn’t

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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: Reviving the NEP to own the Libs?

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It’s kind of amazing how little thought goes into some of the slogan-laden thinking in so much of the politics in this country, and no party is exempt from it. It’s also funny how some of these policies are just rehashing of old programmes that they hated before. Case in point? Alberta trying to make hay about New Brunswick importing oil rather than getting it from Alberta.

Or as I like to say:

Ukraine Dispatch:

Russian drones hit a petrol station in Kharkiv, causing a massive explosion. The new commander-in-chief wants to regain momentum in the conflict, but problems with manpower and dwindling ammunition remain structural challenges for him.

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

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Roundup: Bad Supreme Court reporting is bad

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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: It’s auto theft summit day

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It’s the big auto theft summit happening in Ottawa today, and it’s more than just federal and provincial governments and police who are meeting—it’s also insurance companies and auto manufacturers, because part of the problem are the ways in which auto companies have made unsecured RFID technology with key fobs and so on part of the recent lines, which means thieves can capture the frequency of your fobs and steal your card by cloning said fobs. Insurance companies could wield their might in insisting on these changes, which could make a measurable impact. As a down-payment of sorts, Dominic LeBlanc announced a $28 million boost to CBSA’s ability to detect stolen vehicles with more detection tools and analytics.

Meanwhile, as Pierre Poilievre tries to insist that this problem can solely be attributed to Justin Trudeau because of certain legal changes around conditional sentencing and bail (which were in response to Supreme Court of Canada decisions, it must be stated), he’s also made a bunch of specious correlations about how car thefts were lower in the Harper era in order to back up this claim. Except, that’s mostly not true either. But then again, facts, logic or honesty are never really in play when Poilievre is speaking, and this is no different.

Ukraine Dispatch:

Ukrainian forces downed 11 out of 17 drones in the early morning hours of Thursday. Russia launched massive attacks on Kyiv and other cities over the day yesterday, which killed five and wounded more than thirty. The mobilisation bill has now passed first reading. Here’s a look at the corps of retired Colombian soldiers fighting for Ukraine

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Roundup: Asbestos and rodent-free!

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We are due for another round of sighs and hand-wringing as 24 Sussex has been declared asbestos and rodent free (which were mostly mice, not rats as previously reported), and the old wiring and plumbing are also gone, so now the decision needs to be made on what to do with it—and while yes, it is ostensibly the call of the National Capital Commission, they require money from the government to make any plans come to fruition, so this does wind up being on the government’s plate.

At this point, with the abatement work completed, it seems like maybe this would be a good time to just go ahead and do the renovations, including reinforcing the roof to protect against drone attacks (because yes, this is now a serious consideration) because this is still a worthwhile property and I think there is some symbolic weight and value of being across from Rideau Hall, and the image of the prime minister having to cross the road to meet with the Governor General is a good one to have, rather than the current “running across the back garden” image, which doesn’t convey the same weight or gravitas. And Rideau Cottage isn’t suited for a lot of purposes, like entertaining, working dinners, and the kitchen is too small for the prime minister’s chef to work in, which is why they used 24 Sussex still until recently, and currently use an unnamed nearby facility and deliver the meals from there. Plus, it too would require more security upgrades. I’m also not terribly keen on purpose-building a new residence in the site of a current parking lot, as has been a proposal.

My one request remains that if they do the work to restore 24 Sussex as a working residence, that they restore the original façade because it had a lot more character and is more in keeping with the neo-Gothic elements of the Centre Block (and the stripped-down 1950s appearance it currently holds is indicative of the architectural sins of that era). But let’s just get it done, while Trudeau is in the declining years of his government, when he can’t be accused of doing it to feather his own nest but that it can be justified in doing the work for the nation, like it should have been all along.

Ukraine Dispatch:

President Volodymyr Zelenskyy visited troops in Robotyne, which is on the front lines in the south east, and the site of intense fighting. Over the weekend, two Ukrainian drones are purported to have struck the largest Russian oil refinery in the country’s south.

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