Tag Archives: Supreme Court

Roundup: A failed vote, a policy pretzel

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It was not unexpected that the Conservatives’ non-binding Supply Day motion on removing the carbon price from all forms of home heating failed, because the Bloc had no interest in supporting it, and lo, none of the Liberals broke ranks and voted for it either. (Liberal MP Ken McDonald, who had voted for such motions previously, “scratched his head” with two fingers as he voted, which the Conservatives took to be giving them the finger, and lo, cried victim about it). And once the vote was over, Conservatives took to social media to call out all of those Liberal MPs they had been targeting in advance of it, because this is the bullshit state of where Canadian politics have degenerated to.

In advance of the vote, Jagmeet Singh was in the Foyer, twisting himself into a pretzel to say that he didn’t really agree with the Conservative motion, but he was going to vote for it anyway to send a message to the Liberals that he disagrees with them, but he also wants to push his boneheaded “cut GST on all home heating” policy, which is as dumb as a bag of hammers. (No, seriously—it would be impossible to disentangle the heating portion of certain sources of heating, such as electric heating, or what natural gas goes to heating and what goes to hot water tanks, or natural gas barbecues; plus, the policy disproportionately benefits the wealthy, who have bigger houses). There is no policy coherence, because this is all about posturing and performance, and Canadians are ill-served as a result.

While this was going on, the premiers met in Halifax, ostensibly to talk healthcare but it would up being another gang-up session where they all demanded that the federal government remove the carbon price on all home heating out of “fairness” (never mind the problems of energy poverty, that heating oil is four times as expensive as natural gas, and that some of those premiers should have been doing more about this problem years ago). They also groused that the federal Housing Accelerator Fund was being negotiated directly with municipalities and not them, which, again, forgets that they have studiously ignored the housing problem in their own provinces for decades and now they’re getting put out that the federal government has had to step up after they refused to. But that’s the state of our federation, and it’s a

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Ukraine Dispatch:

Russian air strikes on Odessa late Sunday night struck the city’s principal art gallery and wounded eight. A criminal investigation has been launched into the decision to hold a troop-honouring ceremony in Zaporizhzhia which was easily detected by surveillance drones, allowing the Russians to target it; around the same time, the top aid to Ukraine’s commander-in-chief was killed when a grenade was hidden inside a birthday present.

https://twitter.com/kyivindependent/status/1721649238642245908

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Roundup: Alberta is run by children, example eleventy-four

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If you needed any more proof that Alberta is run by a group of petulant children, look no further than finance minister Nate Horner’s appearance on Power & Politics yesterday. While in the midst of grousing that during the (virtual) meeting with Chrystia Freeland earlier in the day on the subject of Alberta’s threats to pull out of the CPP (threats which are fairly transparently a pressure tactic to try and get out of other environmental obligations), and that Freeland was not entertaining any other carbon price exemptions, Horner said that he was going to launch a programme to subsidise anyone who wants to convert to heating oil in order to get the same break on carbon prices.

Heating oil generally costs about three-to-four times the price of natural gas for the same output. That’s the whole reason the “pause” was put into place as a stopgap to get more people switched over to heat pumps, along with a bunch of incentives to do so. If Horner actually thinks that people will pay more for heat in order to avoid paying the carbon price, and coming out at a net loss, for the simple thrill of “owning the libs,” well, that’s pretty much him telling on himself. And it’s so stupid because as the government has belatedly explained, there are actually more people who use heating oil outside of the Atlantic provinces than inside (mostly in northern communities), and they too get the “pause” in order to facilitate the switch over to heat pumps. The problem there, however, is that most of those provinces haven’t come to an agreement with the federal government in order to give the heat pumps for free to low-income households. So that may yet come, but right now, they’re still in full-on tantrum territory.

Ukraine Dispatch:

Russians launched a new wave of overnight attacks across ten of Ukraine’s regions, and the Ukrainian air defences were able to intercept 24 of 38 drones plus a cruise missile. Here is a snapshot of the counter-offensive on various fronts, while Ukrainian troops battle exhaustion as winter approaches.

https://twitter.com/defensiemin/status/1720176662942253228

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Roundup: Paying too much attention to one senator’s opinion

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Sometimes the way the media cycle operates in weird ways in this city, and yesterday was no exception. On Wednesday, Senator Percy Downe wrote an op-ed that said that the Liberal Party should be having discussions as to whether they think Justin Trudeau should lead them into the next election, and a few people started frothing about it, but a day later, it got particular traction because Pierre Poilievre was using it in Question Period to attack Trudeau, as though Downe was a big name or had a network that was significant.

And that’s the part that mystifies me. Once upon a time, Downe was a chief of staff to Jean Chrétien, but senators haven’t been part of the Liberal caucus since 2014, when Trudeau famously expelled them as pre-emptive damage control in advance of the Auditor General’s (massively flawed) report on the Senate’s expenses, and claimed it was to give them more independence. Furthermore, Downe jumped ship to the fledgeling Canadian Senators Group right after he helped the Senate Liberals transform their caucus into the Progressives, which alienated him from the remaining Liberals in the Senate (who no longer call themselves such in the current environment). I fail to see how he has any kind of sway or influence at all. And when Trudeau was asked about Downe’s comments on his way into Question Period yesterday, he gave a classic “I wish him well” response and laughed it off.

Meanwhile, the attempt to make Mark Carney happen aren’t stopping either, as the Globe and Mail cornered him a climate summit in town this week to demand to know his leadership ambitions and *gasp!* he didn’t say no! Let’s gossip about this more! Never mind that Carney would likely mean the second coming of Michael Ignatieff for the party, if you ignore that he has no political machinery around him that could even support a bid (which he should avoid at all costs because it damages the Bank of Canada and its current governor, whether he likes to believe it or not). But seriously, this whole thing is ridiculous, and I cannot believe how much air time and digital space has been used up on it.

Ukraine Dispatch:

Russian drones have hit civilian targets in Kharkiv region, but no reports of casualties as of when I’m writing this. Ukrainian forces repelled a new Russian assault on Vuhledar in the east.

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Roundup: A “pause” on carbon prices that hands Poilievre a victory

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Prime minister Justin Trudeau announced yesterday afternoon that the federal government would be implementing a “pause” for three years on the carbon price on home heating oil, predominantly used in Atlantic Canada, because he’s in some serious electoral trouble in the region. He also said that enriched carbon price rebates for rural dwellers would be on the way, as well as more incentives for people to switch to heat pumps. The problem? This undermines the whole carbon price scheme, ensures that it no longer is in compliance with the rules that they established, and it hands a propaganda victory to the Conservatives who are crowing that this “proves” that the price is making life unaffordable, and that they’ll kill it outright.

This also handed ammunition to Danielle Smith and Scott Moe, who will now be demanding that natural gas for heating be exempted, because now the programme is explicitly unfair. They’re not wrong, even if they’re acting entirely in bad faith over it. The NDP have joined in, also insisting that all home heating should be exempt from the price, which further undermines it. And you’d better believe that there are problems around the implementation of the heat pump programme, particularly how it rolls out to low-income households who need it the most.

The most galling thing of all, however, is that this is a victory for Irving Oil (and enabled by the provincial price regulators). They deceptively increased prices on their home heating oil and said this was for the “clean fuel standard,” which is bullshit. That standard is not a price—it’s an emissions standard that comes into place gradually, and any increased costs would be what the refineries need to do to meet those standards. This, however, wasn’t well communicated by the government, and of course the narrative got swallowed by the Conservatives calling it “Carbon Tax 2” and a poorly done report from the Parliamentary Budget Officer who framed this like it was a price, and so Irving was able to act in the way it did. And because it’s Irving, and they are more powerful than any of the provincial governments in Atlantic Canada (which is an enormous problem in a democracy), nobody challenged them on this deceptive price increase, and they successfully jammed the federal government into undermining the carbon price, so now it can be picked away at until it’s well and truly dead. Well done, everyone. You’ve just screwed yourselves, your credibility, and ultimately the planet. Slow clap.

Ukraine Dispatch:

President Volodymyr Zelenskyy says that Wednesday’s drone attack near the nuclear power plant in Khmelnitskyi region was likely targeted. Ukrainian officials say the Black Sea corridor is working, particularly now that they’ve chased away the Russian Black Sea Fleet from occupied Crimea. Ukrainian businesses are preparing for the possibility of another winter of attacks on the power grid.

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Roundup: Misreading Friday’s decision

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In light of Friday’s Supreme Court of Canada decision on the Impact Assessment Act, Conservatives are already making some pretty stupid demands, like this one from MP Shannon Stubbs, who wants to move a motion at the Natural Resources Committee to repeal the old Bill C-69—except that it’s not what the Supreme Court ruled on, it’s a complete misreading of what the ruling was, and more to the point, would try to repeal the parts that are constitutional, and create even more uncertainty in the market. If people think that the system that the Harper government put into place was somehow better, all it did was ensure that project approvals wound up in litigation because there was too much uncertainty and ambiguity in the rules, and it didn’t do anything to speed approvals like they claimed it would.

For those of you who aren’t quite following, the thrust of the Court’s ruling was not that the whole scheme is unconstitutional, but rather that the list of things the federal government put into the Act in order to trigger a federal environmental assessment was overbroad, particularly around the issue of treating greenhouse gas emissions as an automatic federal issue because it’s a cross-boundary effect. That was too broad for the Court’s liking, so they’re essentially telling the government to narrow the scope of what triggers an assessment—that’s it. As previously stated, the Court explicitly rejected the notion that a “provincial” project is immune from federal assessment, so any talking points related to “exclusive jurisdiction” are also bogus, but so many people are proving that they either didn’t bother to read the decision, or if they did, certainly didn’t understand it.

Meanwhile, here’s another explanation of Friday’s ruling, this time from Martin Olszynski, Nigel Banks and David Wright.

Ukraine Dispatch:

On the 600th day of Russia’s illegal and unjustified invasion of Ukraine, their assault on the city of Avdiivka appears to be losing steam, after Ukrainian forces repelled 15 attacks from four directions over the previous 24 hours. Russians are also apparently looking to pierce the front lines in the Kupiansk-Lyman area on the country’s northeast. Elsewhere, Russia launched another overnight attack, with five missiles and twelve drones, focused on the western part of Ukraine.

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Roundup: An unearned victory lap amidst the Court’s repudiation

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Yesterday morning, the Supreme Court of Canada ruled that the federal Impact Assessment Act is partly unconstitutional, and that the federal government was over-broad in the criteria they used to trigger a federal environmental assessment. Ironically, while Jason Kenney and the federal Conservatives liked to call the legislation the “No More Pipelines Bill,” the section that governs pipelines was found to be entirely constitutional, so it was fairly laughable as they started crowing over social media about their supposed victory. It might have helped if they had actually read it and not just the headlines.

The more important part of the decision, however, was the fact that while it did find part of the federal legislation ultra vires Parliament, it also explicitly repudiated the arguments that the Alberta government and the Alberta Court of Appeal were making, in claiming that the province somehow has interjurisdictional immunity for so-called “provincial” projects. That’s not true, and the Court said so, which means that when Danielle Smith and Pierre Poilievre were claiming that the Supreme Court “affirmed” that provinces have the exclusive right to develop their own resources, that’s wrong. It’s not what the Court said, and in fact they said the opposite of that. Alberta’s “victory” was a pretty hollow one because the Court affirmed the federal role in environmental assessments and that they can assess whatever they want once their ability to make said assessment is triggered—the only real issue was the criteria for the trigger, which needs to be narrowed. The federal government has pledged to do just that, and because this was a reference opinion by the Court and not a decision on legislation, it has not been struck down. In fact, because there don’t seem to be any projects under assessment that would be affected by the decision, it seems to show that the law is carrying on just fine, and that the amendment will be a fairly surgical tweak (and yes, I spoke to several legal experts to that effect yesterday).

Meanwhile, the reporting on the decision largely ignored this repudiation of the provincial argument. The Canadian Press, the National Post, and the Star all missed that point entirely in their reporting. Only the CBC caught it—in the main story it was given a brief mention amidst the egregious both-sidesing, but Jason Markusoff’s more nuanced analysis piece did get a little more into it, but again, it did not really point out that Kenney’s crowing over social media was for naught, and that Smith’s victory lap was not really deserved. (Smith later went on Power & Politics and lied about what projects that the Act supposedly impacted, such as the Teck Frontier mine—that project was assessed under the Harper-era regime, and was shelved because the price of oil couldn’t justify the project’s viability). It would be nice if we had more journalists actually talking to more experts than just one while they both-sides the ministers and Smith, because they would find that they missed a pretty significant part of the decision. (My own story that does precisely this analysis was delayed in publication, so it should be up on Monday).

Ukraine Dispatch:

Russian forces pounded Avdiivka in the Donbas region for a fourth day in a row as they try to make gains in that area. Ukrainian authorities say that Russians have destroyed 300,000 tons of grain since they started attacking Ukrainian port cities in July (because they’re trying to weaponise hunger).

https://twitter.com/ukraine_world/status/1712871747672744431

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Roundup: Scoring cheap points in a tragedy

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The past few days have been preoccupied by the Hamas attack on Israel, which has killed as many as a thousand, including attacking villages and killing the elderly and infants. We know that so far, two Canadians have been confirmed killed, while others have been kidnapped and taken hostage. After refuting claims that the embassy in Tel Aviv was closed for Thanksgiving, the federal government is preparing airlifts for Canadian citizens and permanent residents out of Tel Aviv, likely using military aircraft. Ahmed Hussen has also stated that humanitarian aid will continue to flow to the Palestinian people, particularly in light of the humanitarian crisis that is to come as the Gaza strip is under siege, with assurances that there are robust controls to ensure that Hamas doesn’t see any of this funding (as they are listed as a terrorist organisation under Canadian law).

Back home, there has been pretty universal condemnation of Hamas from political leaders, but that doesn’t mean that politics haven’t been played. After Justin Trudeau and Pierre Poilievre were at the same event over the weekend to show solidarity with the Jewish community, Poilievre decided to immediately return to his dickish self and try and score points on the non-scandal that Canada was not included in a communiqué between the Americans, the UK, France, Germany and Italy. A number of pundits and talking heads clutched their pearls and cried that we were excluded, some news reporters incorrectly framing this as the G7 (which was also minus Japan), when it turned out that this was a meeting of the Quint, which is a separate, nuclear-armed organisation that Canada is not a part of. While most reporters and outlets quickly clarified this, Poilievre decided to use it to rage-farm and claim that Trudeau has “side-lined Canada,” which is bullshit, but you’ve got a bunch of pundits on their fainting couches over this when they should know better, and Poilievre couldn’t resist the urge to score points over this, which should be unconscionable, but he likes to keep proving that there is no bottom with him.

Matt Gurney points out that this conflict has given us a pogrom in realtime over social media, but that most people aren’t seeing it because of how news outlets sanitize the graphic elements that would inevitably galvanize them.

Ukraine Dispatch:

Russia’s latest drone attack targeted the Odesa, Mykolaiv and Kherson regions, with Ukraine’s air defences downing 27 drones. The counter-offensive continues to make gains in the east and the south. Ukrainian officials are investigating 260 instances of abuses at military recruitment offices, much of it related to bribery. President Volodymyr Zelenskyy replaced the country’s territorial defence forces commander, before he left to visit neighbouring Romania to strengthen ties and talk regional security.

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Roundup: The Speaker election shapes up

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With the end of the sitting day last night, Anthony Rota was no longer the Speaker, and Bloc MP Louis Plamondon, the Dean of the House, became Speaker in his place, albeit temporarily. The too-clever-by-half motion that the House passed on Tuesday reads that he was “deemed elected” and is the Speaker to be “styled the Interim Speaker,” which means they’re trying to get around the Constitution for two days in order to run the election on Tuesday instead of today. As is joked, this means that Plamondon is entitled to a portrait (and a Scotch), but it remains mystifying why they couldn’t just swallow the two lost sitting days if they wanted to leave this until Tuesday (Monday is not a sitting day).

There are currently four declared candidates for the position—the Deputy Speaker, Chris d’Entrement, and the two Assistant Deputy Speakers, Alexandra Mendès and Carol Hughes, along with a surprise fourth entrant, Liberal MP Greg Fergus. d’Entrement has been somewhat acquitting himself in QP over the past couple of days, and seems to have been most vocal in the media, with some outlets ignoring Mendès completely, which they shouldn’t, considering that she came very close to defeating Rota last time. Fergus could be the spoiler this time for Mendès changes when it comes to getting enough votes from fellow Liberals, but it is a ranked ballot, so that could make things more interesting as the math works out. I also have it on good authority that Mendès would be interested in having a Speaker’s Port in addition to a Speaker’s Scotch (as she is Portuguese), and I would very much love to see that happen (as I am a port drinker and not a scotch drinker). I’ve also heard from colleagues to do drink scotch that Rota’s choice was a poor one, so his replacement ushers in hopefully a better one.

Meanwhile, the former Chief of Protocol was interviewed on Power & Politics last night, and unequivocally showed that everything Pierre Poilievre has been insisting over the past three days about the government vetting everyone in the building for a diplomatic event has been false. The government doesn’t vet the guests of the Speaker or MPs—only guests of the government, as it should be, because Parliament and the Speaker are independent of government.

Ukraine Dispatch:

Ukrainian officials say they destroyed 34 out of 44 drones launched by Russia overnight, whose main target was Odesa, and there have been no casualties. Meanwhile, they have also seen several hundred Wagner fighters returning to the fight in eastern Ukraine, but they don’t expect them to have much impact.

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https://twitter.com/defenceu/status/1707153181002588185

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Roundup: What our diverse Cabinet isn’t thinking enough about

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It’s one of those mid-August “let’s quote a random academic” stories, but this piece on the added diversity in the Cabinet shuffle did get me thinking about a slightly more serious topic than perceived tokenism and need to ensure that these new ministers are adequately supported. Part of my thinking was simply the fact that I have interviewed some of the previously-new Cabinet ministers from after the previous election, and a recurring theme was that having more diverse voices around the Cabinet table is a net benefit, and that they have a lot of really enriching conversations as a result. Which is fair!

But the other thing I got to thinking about was intersectionality, and how such a diverse Cabinet should be getting better at it—but this is still a PMO with a strong central impulse (because the PM’s circle of trust is so small and too many things funnel through his chief of staff, Katie Telford). This is something that they should be better at, and should be more aware of, but perhaps this is one more of Trudeau’s blind spots, where he believes that simply paying lip service to the existence of intersectionality is enough, rather than actually doing the work.

And with that in mind, here’s economist Lindsay Tedds, who is actually doing the work of intersectionality, and is calling on the government to get their act together.

https://twitter.com/LindsayTedds/status/1689841585746579456

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https://twitter.com/LindsayTedds/status/1689843815614664705

Ukraine Dispatch:

A Russian missile struck a house not far from the Polish border, killing an year-year-old boy. Meanwhile, all of the heads of regional army recruitment centres have been fired as part of ongoing battling of corruption within the country, after audits found abuses within those centres.

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Roundup: Toronto’s asylum-seeker problem

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There is a bit of an issue happening right now around asylum seekers in Toronto and other parts of the GTA unable to find shelter spaces and some of them sleeping on the streets, and everyone wants to blame the federal government, because of course they do. Reality is, of course, far more complicated and you’d better believe that there is plenty of blame to go around.

To start: the federal government is responsible for refugees, meaning those who have had a status determination, most of whom came over with sponsorship and under some formal programme or structure, and that usually comes with supports, either provided by government or communities. What is the bigger problem in Toronto are those asylum seekers who don’t have a status determination, and may have entered the country in an irregular manner, and because they don’t have status, they also can’t get work permits until they do. And this largely is the responsibility of provinces and municipalities until they get that status determination. But this isn’t to say that the federal government isn’t helping with this situation, because they are, operating certain resettlement services including hotels for some claimants, and they have sent hundreds of millions of dollars to help provinces and municipalities most affected offset their costs. But of course, this money it’s not enough, in part because there are bigger challenges that cities like Toronto haven’t overcome.

In a very real sense, this is a culmination of how broken things have become, particularly under decades of austerity measures by conservative governments and city councils. Provinces are under-funding social services and affordable housing, driving more people to shelters, while the city resists building housing in order to please NIMBY residents clutching their pearls about their property values, so that keeps people in shelters who shouldn’t be there, including these asylum claimants. And because both Toronto and the Ford government have decided the solution to these deep-seated problems is to simply demand more money from Ottawa rather than accepting responsibility for their share of the problem and, oh, doing something about it, it’s leaving the federal government in the position of trying to push back and say things like they need all levels of government to work together, which is also true. I suspect we’ll see some additional federal funds in the next few days as yet another stopgap measure, but this shouldn’t let cities or the province off the hook, as they need to properly step up and start fixing the underlying problems that have led them to this point.

Ukraine Dispatch:

Russian launched an overnight drone attack against president Volodymyr Zelenskyy’s hometown of Kryvyi Rih, and sixteen of the seventeen were shot down, but the last drone and falling debris caused damaged and injured one woman. Progress in the counter-offensive remains slow as Zelenskyy says that the Russians are throwing everything they have at it. Here is a profile of Kyrylo Budanov, Russia’s spy chief. Meanwhile, it sounds like Zelenskyy’s pressure tactics at the NATO summit riled people in the White House, and there was much fighting over the language of the communiqué around Ukraine’s eventual membership in NATO.

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