Tag Archives: Supreme Court

Roundup: A Canada Day fail in Ottawa

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It’s Canada Day, and we are having festivities again this year, and included in them will be astronaut Jeremy Hansen, whom The Canadian Press has interviewed here. There will be an Indigenous ceremony ahead of the main show at noon, so the attempt to balance things carries on.

Meanwhile, the City of Ottawa continues to embarrass itself by deciding that the brand new LRT station they built near LeBreton Flats, where the festivities are being held (because there is no room on Parliament Hill with the construction), is suddenly deemed to be too small to handle the crowd, so they’re telling people to get off at the station before and walk a kilometre to the site. Absolutely ridiculous, but that’s been the story of everything with this LRT.

https://twitter.com/StephanieCarvin/status/1674860701804814346

Programming note: I’m going to try to make this a quasi-long weekend, so no roundup post on Monday. See you Tuesday and enjoy Canada Day!

Ukraine Dispatch:

A Russian missile struck a school in a village near the front lines in Donetsk region, killing two and injuring six, and only because students were not in school at the time. Defence officials say they continue to advance in all directions along the front lines both in the east and the south, including around the flanks of Bakhmut. Here is another look at how the Ukrainian army is trying to wear down and outsmart Russian occupiers. President Volodymyr Zelenskyy has ordered the northern border to be strengthened given that Wagner Group forces are moving into Belarus, while it sounds like Russia is reducing the number of their personnel at the Zaporizhzhia nuclear plant, which increases fears that they could be attempting sabotage of the plant.

https://twitter.com/ukraine_world/status/1674798244579221504

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Roundup: Poilievre tries out new tough-on-crime disinformation

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As evidenced in Question Period yesterday, the Conservatives have found a new lie to suit their narrative around the transfer of Paul Bernardo, and it’s citing the former Bill C-83, which allegedly eliminated solitary confinement in Canadian prisons on favour of “structured intervention units.” We can pretty much be assured that the legislation did not do what it said it would, and “structured intervention” is largely still solitary confinement, and the actual problems haven’t been solved, but the underlying notion here was that this bill was in response to the finding of the courts and international human rights bodies that solitary confinement is a violation of human rights. Nevertheless, this is being blamed for the conditions that allowed for Bernardo’s transfer, which again, is not true. It’s not the first time they’ve done this tactic—they also did it with the former Bill C-75 on bail reform, which was about codifying Supreme Court of Canada jurisprudence around bail, and actually created several more categories where a reverse onus was needed, which made bail tougher to get. That didn’t stop the lies then, and it isn’t around C-83 now.

In the meantime, here is the Alberta Prison Justice Society with some important context around prison transfers and security classifications, which a lot of people should know (and in some cases, do know but are lying about it in order to drum up outrage, because politics is all about rage-farming and shitposting these days).

Ukraine Dispatch:

Russians struck the settlement of Novoberyslav in the Kherson region, killing a married couple when their house was bombed. The Ukrainian advance continues in the south, while Russians are trying to trying to dislodge Ukrainian positions in the east. Meanwhile, a group of African leaders are visiting Kyiv to discuss Ukraine’s “peace formula” to end the war.

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Roundup: Mendicino’s future in doubt

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The political future of Marco Mendicino is in the balance as the revelation has circulated that his office was aware of the potential transfer of serial rapist and killer Paul Bernardo to a medium-security facility (designed to treat violent sex offenders) for months but didn’t inform him until it happened, made worse by the fact that the prime minister’s office was also informed, and they kicked it to Mendicino’s office to deal with. And by deal with, we’re not talking politically interfering with an arm’s length body, but at least doing something, whether it’s ordering a review or coming up with a communications plan to get ahead of it. But they didn’t.

There is a lot of talk about ministerial responsibility and accountability, and what that means in a situation like this. The assumption is always that every offence is a resigning offence, which is wrong, and Mendicino says that he’s taken “corrective action” in his office, but as the minister, the buck stops with him, and in this case, it’s a pattern of incompetence coming home to roost, and it’s not the first time, and he’s been a terrible communicator on a number of the files before him, to the point of framing things in a manner that could be construed as misleading, such as issue of “police advice” on the invocation of the Emergencies Act. Mendicino says he won’t resign, but it’s getting hard to see how “corrective action” in his office can be handled without a head rolling, or someone falling on their sword, and at this point, we are getting to the point where Mendicino should probably consider doing so in order to get ahead of things, and looking like he still has some principles left.

The other thing to consider is that he may be out of this job sooner than later, because the rumours of a Cabinet shuffle are pretty loud, and his name is at the top of the list as someone who isn’t performing well and needs to be out of their portfolio. (Also on that list are Omar Alghabra and Joyce Murray). We are at a point in the life of the government where they need a shake-up in order to try and throw off some of the fatigue that is weighing them down, and to get some new blood in some of their portfolios in order to get fresh perspectives. There’s also a major rotation of staff happening in a number of offices, which is also needed at this point. We’ll see if this situation accelerates Trudeau’s plans for when this shuffle is going to happen, which Mendicino could force by doing the honourable thing. (That said, it might mean that Bill Blair might be tasked with taking Public Safety back on, at least until a new minister can be appointed, and that wouldn’t be a good thing because he shouldn’t have that portfolio for very obvious reasons).

Ukraine Dispatch:

The Russian strikes against Odessa and Donetsk early Wednesday morning killed six and damaged dozens of homes. Ukraine’s counter-offensive is still testing Russian defences, largely in the south, as they have thus far only committed three of their twelve battalions to the operation so far.

https://twitter.com/ukraine_world/status/1668981197693648898

https://twitter.com/defencehq/status/1668957867301302275

https://twitter.com/ukraine_world/status/1668878494762250241

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Roundup: The Chief Justice gives a strong warning

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Chief Justice of the Supreme Court of Canada, Richard Wagner, delivered his annual news conference yesterday, which had been planned a month ago and the timing was purely coincidental regarding the sudden resignation of Justice Russell Brown. That was not the main topic of his remarks, however—that was about the slow pace of judicial appointments as some eighty or so spots remain unfilled, and it can take up to a year-and-a-half to fill the positions of chief justice or associate chief justice in a province. And Wagner has been pretty vocal about this.

Wagner did note that the prime minister did call him after getting his letter, and said that he was going to do what he could to improve the situation, but appointments are a problem for this government. In fact, the only time they have managed timely appointments are for the Supreme Court of Canada. One of the problems is that right now, a number of Judicial Advisory Committees, which vet prospective candidates, remain empty, meaning they need to be filled before they can get to the work of vetting applications for judges. And it’s not just the courts—nearly one fifth of Senate seats are currently vacant for much the same reason. And it’s not like these vacancies are a surprise—judges typically give six months’ notice before they retire, if they don’t reach mandatory retirement. Senators also age out, the date of which is clearly known and posted, so they have absolutely no excuse for not moving fast to fill upcoming vacancies. And yet they don’t.

As you have no doubt heard me say before on numerous occasions, one of the biggest problems is that this government made the decision to rely on self-nominations for these kinds of positions, while at the same time, committing to diversifying the bench (or the Senate). But when you rely on self-nomination, the kinds of people they want to apply and to appoint aren’t applying because they don’t see themselves in these roles (because the ingrained perception is that judges or senators are old white men), meaning that they need to go out and push people to apply and that takes time. They could instead just go out and nominate people, or have their appointments committees do that work, rather than just passively waiting for applications. To add to that, there is frequently a demonstrable difference in the performance of someone who was nominated (for whom they often see it as an honour to be considered) versus someone who applies (and feels entitled as a result),  But they refuse to see this and do that work, so we’re left constantly waiting for their poor process to play out, with the resulting delays that it entails while things crumble around them.

Ukraine Dispatch:

The Russian attack on Kryvyi Rih—the hometown of president Volodymyr Zelenskyy—killed at least eleven people when it struck an apartment building. As well, Russian missiles struck Odesa, killing at least three people in the early Wednesday morning. As well, independent confirmation is starting to roll in about Ukrainian gains in the counter-offensive.

https://twitter.com/ukraine_world/status/1668511155160055808

https://twitter.com/ukraine_world/status/1668523632266469377

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Roundup: O’Toole’s farewell hypocrisy

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Former Conservative leader Erin O’Toole gave his farewell speech to the House of Commons yesterday, and it’s been a while since I’ve heard something as grossly hypocritical as that. Using his sombre voice (which has the benefit of completely beguiling the pundit class), he decried “performance politics,” where they chase social media algorithms, using the Chamber to generate clips, and fuelling polarisation, and replacing discussion with “virtue signalling”—which is his way of whataboutery to insist that the Liberals and NDP are just as bad. He also decried the use of conspiracy theories around things like the United Nations.

The problem? He hired a professional shitposter, Jeff Ballingall, to chase those very social media algorithms he is decrying. He fully used the Chamber to generate clips, he fully endorsed a number of conspiracy theories, whether it was about the firing of the scientists at the Winnipeg Lab, or around the United Nations when he was pretending to be a “true blue conservative” during the leadership. And while this has been seen by some as a rebuke of Poilievre, there was absolutely no contrition about any of what he did, from the serial lying, to his autocratic power games at the end of his leadership. The most he said was “too many members on all sides of this Chamber, and from time to time I have been guilty of it myself, are becoming followers of our followers when we should be leaders.” That was it. That was his contrition to how much he has done all of the things he is decrying as he exits, the bravery of someone who no longer has to live with the consequences of his actions.

https://twitter.com/dwjudson/status/1668484357089099777

It amazes me that the pundit classes, who have been falling all over O’Toole’s speech, keep memory-holing the entire tenure of his leadership and what an absolute lying, tyrannical disaster that he was throughout. Ignoring who he proved himself to be in favour of the image that pundits so desperately want him to be is a choice. And as he heads off to spend more time in his basement podcast studio, it would be great if we could be clear-eyed about just who O’Toole is, instead of just falling for his sombre-voice trick.

Ukraine Dispatch:

Ukraine says it has liberated seven villages in Donetsk and Zaporizhzhia provinces, as the counter-offensive gets underway. Russians, meanwhile, have been shelling Kharkiv, as well as nine towns and villages in Donetsk. They also launched an overnight attack against the central city of Kryvyi Rih, and there are reports of dead and wounded.

https://twitter.com/defenceu/status/1668246754540630017

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Roundup: Declaring war on the budget for no reason

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The Conservatives have declared war on the budget, and have begun a campaign of procedural warfare over it. It began on Friday, with the abuse of remote voting, where they abandoned the Chamber for a vote and instead all voted remotely, after which they claimed there was a “technical problem” and each of them requested that their vote be verified, thus slowing down the process immensely. (Seriously, end remote voting. It’s anathema to our system).

Yesterday they announced that they had a campaign of hundreds of amendments and other tactics at their disposal unless their demands were met—balancing the budget, and ending increases to “all carbon taxes,” meaning the federal carbon price and the clean fuel standard (which is not a carbon price, and may never see an increase in the price at the pumps if the minister has his way). Their justification for this—that these deficits are inflationary and driving up interest rates—is illiterate nonsense, and the kinds of misinformation/disinformation that we have come to expect from them. And yet, we have a bunch of pundits who insist this is “good politics.” I’m not sure how, but here we are.

More than anything, one has to wonder why they are going nuclear over this. These kinds of tactics are generally reserved for when the government crosses a line, does something that attacks Parliament, or seriously undermines Parliament or democracy. Using them for bullshit theatre continues this pattern of all tactics, no strategy that the NDP became famous for during their stint as official opposition, and it’s just abusing Parliament more than anything the government is doing. I simply cannot fathom how they feel this is going to help them, rather than simply looking like they are wasting everyone’s time.

Ukraine Dispatch:

Russian forces appear to have blown up a dam on the Dnipro River near Kherson, which could lead to mass flooding. Ukrainian forces appear to be attempting to punch through Russian lines in the south-eastern part of the country, which could be a sign that the counter-offensive is underway. Russians also launched yet another early-morning attack on Kyiv, where air defences have shot down at least 20 missiles so far.

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Roundup: Claims O’Toole also was a target

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It is being alleged that Erin O’Toole has been briefed by CSIS that Chinese agents had been targeting him during his time as party leader because of his bellicose language about the regime. While there is no indication his family was also being targeted, his sister did live in Hong Kong for a number of years. Of course, I am taking the language in the article with a few grains of salt because the Johnston report pointed out that threats weren’t actually made to Michael Chong’s family, but that there was an indication that the agent in Canada was trying to gather information, so what exactly this “targeting” of O’Toole consists of I am keeping my powder dry on.

This has, of course, given rise to another round of cries for a public inquiry. Not one of them has articulated just how such an inquiry would make any iota of difference from the current process being undertaken by Johnston (aside from taking three years and costing a few hundred million dollars). How exactly does this situation require additional subpoena powers when the government has willingly turned over all of their documentation? If most of it will need to be behind closed doors because of the nature of the information, how exactly does this build trust? Nobody has yet articulated this, and “it just will” is not an answer—especially when the media and the opposition have been undermining trust in how these matters are being reported and discussed, and I fail to see how a public inquiry will change any of this.

Meanwhile, David Johnston took to the op-ed pages of the Globe and Mail to defend his decision to carry on with the review in light of the criticisms of his involvement, which has been pointed out seems to misunderstand the nature of how the political game is played these days. Of course, Johnston is hoping that he can get MPs and party leaders to be grown-ups and work together on this problem, but that’s unlikely to happen in the current climate and especially with the current players, and in that same token, writing an op-ed in the Globe seems a bit like that same kind of naïve hope that people will treat this as they did a couple of decades ago.

On a related note, the CBC has one of the worst examples of both-sidesing the supposed controversy around Johnston’s alleged conflict of interest—two professors who say it’s probably not a conflict, all things considered, but Democracy Watch (which has no actual credibility other than they are a reliable quote generator for lazy journalists) says it is, so it’s up to Canadians to decide. Seriously? This is exactly the kind of thing that has allowed misinformation and disinformation to flourish, because they refuse to call out bullshit when they see it. This is killing democracy, and they absolutely refuse to engage in any self-reflection about it.

Ukraine Dispatch:

A Russian missile struck a clinic in the city of Dnipro, killing two and wounding 30, after Ukrainian forces shot down ten missiles and twenty drones targeting Dnipro and Kyiv overnight. Meanwhile, the disaffected Russian group has allegedly shelled more targets in Belgorod region in Russia. Ukraine’s defence ministry is warning that Russia plans to simulate a major accident at the Zaporizhzhia nuclear plant in order to thwart the coming counter-offensive.

https://twitter.com/zelenskyyua/status/1662024887731474432?s=61&t=P3QULyv63iAc0o1A98RiWQ

https://twitter.com/defencehq/status/1661975921455161344?s=61&t=P3QULyv63iAc0o1A98RiWQ

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Roundup: Johnston says no public inquiry

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It was David Johnston Day, as his first report was delivered, and he did not recommend a public inquiry for very good reasons—particularly that it could not be necessarily public given the nature of the information, and that it would be window dressing at this stage of the game, considering he had already done a lot of the heavy lifting, and planned to do public hearings as part of his final report. You can read the full report here, but here are the five key takeaways. There was plenty of scathing material in there, particularly to the system of information dissemination within government, but also to the way media stories torqued partial information into falsehoods (the Han Dong allegations were discredited in the report). There is a problem with information culture within government, and while this government has done a lot to fix some things, they are not adapting fast enough to the changing environment, and that is on them. (Check out some of the threads linked below as well).

https://twitter.com/JessMarinDavis/status/1661045080705187842

https://twitter.com/StephanieCarvin/status/1661080153122848781

https://twitter.com/stephaniecarvin/status/1661211717924188161

Johnston’s decision was necessarily a no-win scenario, and everyone is unhappy, but nobody has exactly explained how a public inquiry was going to restore trust in the democratic system—particularly as it comes under attack by bad faith actors who spent the day trying to discredit Johnston and his report (never mind that he did address the alleged conflicts and consulted with a former Supreme Court of Canada justice before accepting the job), and that no matter who would lead either the Special Rapporteur process or a theoretical public inquiry, there would be the same bad faith attacks because they don’t actually want to restore faith in the process. They want people to distrust because they cynically hope to leverage that in the next election. Pierre Poilievre in particular has refused to strike any kind of statesmanlike tone and refuses to be briefed because he knows that the moment he actually knows the intelligence and can’t talk about it, he can’t outright lie and make accusations with wild abandon, and that’s his entire shtick. But this is a fairly classic Canadian problem, where MPs don’t want to know the actual secret information, because then they’d have to stop talking, which they don’t want to do. Remember, ours is no longer a serious Parliament.

There is a conversation to be had about the role media is playing in undermining the faith in democracy, but you can rest assured there will be no self-reflection around it. Rather, there will be self-justification and rationalization, and sniping that Johnston expects us to take the intelligence he’s seen at face value, which is ironic considering that the media outlets reporting on these leaks are expecting us to do the very same thing, even though there are agendas at play within that reporting.

https://twitter.com/EmmMacfarlane/status/1661050997936996356

https://twitter.com/EmmMacfarlane/status/1661051520018706432

In pundit reaction, Justin Ling gives a fairly balanced summation of the report with some insightful commentary. Susan Delacourt is sceptical of Johnston’s assertion that politicians and media can play their parts in restoring faith in democracy. Andrew Coyne is unhappy with the notion that we are expected to just trust Johnston (ignoring the contradiction made above), and while he credits Johnston with inviting NSICOP and NSIRA to review his findings, the same secrecy problem remains. Matt Gurney despairs at the picture of incompetence the report paints.

Ukraine Dispatch:

Following his return to Ukraine after meetings at the G7 in Hiroshima, Japan, President Volodymyr Zelenskyy visted marines on the front lines in the country’s east. Over the weekend, the Russians claimed they overran Bakhmut over the weekend, which Ukraine denies, particularly as they have been reclaiming territory surrounding it. Russians are also claiming Ukrainian “sabotage groups” are crossing the border into the Belgorod region, but it sounds like these may be disaffected Russians, as Ukrainans deny involvement. Russians later claim to have “crushed” these groups.

https://twitter.com/zelenskyyua/status/1660291196030271490

https://twitter.com/defencehq/status/1660884230174560256

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Roundup: A declaration of persona non grata

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A week after the Chong revelations were made in the Globe and Mail, and two years after the briefing had been prepared by CSIS, Mélanie Joly has declared the Chinese diplomat at the centre of those revelations to be persona non grata. This declaration was made right as the Commons was voting on the Conservatives’ Supply Day motion to expel any diplomats implicated in this affair, in which all opposition parties voted for it and the government voted against, meaning that they lost (but it’s non-binding, so it’s more of an expression of opinion than anything else).

The reaction, of course, is that this is two years too late, and that the government’s insistence that this is complicated isn’t actually backed up by the Vienna Convention—though it has been said that they were likely preparing people on the ground in China for the inevitable retaliation, because China doesn’t like to do tit-for-tat, as happens with most PNG declarations, but rather they prefer to escalate. (See: the two Michaels). The Canadian Press has a brief primer on previous diplomatic expulsions from Canada.

Meanwhile, Marco Mendicino still won’t say who is either responsible or accountable for the failure to alert political actors about those Chong revelations two years ago, and is relying on vague “hostile actors” talk rather than, you know, being held to account for what is clearly a process failure within the government’s bureaucracy. That would seem to me what he should be doing as minister, because it’s been made clear that this wasn’t a CSIS problem—it was a problem further up the chain, and whether that’s because we have a poor culture of consuming intelligence at the senior levels, or because this government can’t walk and chew gum at the same time, that kind of thing needs to be addressed.

Ukraine Dispatch:

For Russia’s Victory Day, they launched one of the biggest swarms of drones against Ukraine in months, targeting mostly Kyiv and Odessa, though air defences are largely repelling the attacks on Kyiv. Russian shelling also hit two villages in the Kherson region, wounding eight people, as well as damaged the electrical grids in five Ukrainian regions. In Bakhmut, the head of the Wagner Group mercenaries says they still haven’t received promised ammunition from Russia. Elsewhere, farmers in Ukraine are having a harder time because many workers are off fighting, which is hurting their operations.

https://twitter.com/ukraine_world/status/1655510660367757313

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Roundup: You can’t replace committee travel with Zoom

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Another day, another story where I roll my eyes and sigh because nobody can seem to grasp some pretty fundamental points. To wit: Scandal and pearl-clutching because the Senate’s audit committee is planning a trip to Westminster to consult with their counterparts there. Someone fetch a fainting couch for all of the zeros attached to the costs of the trip! And of course, we couldn’t have cheap outrage without getting a quote from the so-called Canadian Taxpayers Federation, whose continued existence depends on being the go-to source for media when they need a cheap outrage quote.

Some context to this story—the Senate’s audit committee has been a long and hard-fought battle to come into existence because the previous Leader of the Government in the Senate, Senator Peter Harder, was trying to steer the nascent committee in a direction that would see it be completely staffed by outsiders, which is a particular affront to Parliamentary privilege and the status of the Senate as a self-governing body in and of itself. Eventually the current composition—a mix of senators and outsider, with senators in the majority—was adopted, years after it should have been, and very much in the model that the House of Lords employs. (Note that this model had first been championed by the late Senator Elaine McCoy, and we could have saved years of fighting had people just listened to her). And because this has to do with a parliamentary body, you can’t just get advice from any audit firm in Canada, as the CTF seems to think—you need best practices from those who have dealt with the particular issues that a parliamentary body has. Of course, none of this context is in the story, because nobody pays attention to the Senate unless it’s for a cheap outrage story like this one. Of course.

Meanwhile, the most galling part of the piece is the suggestion that all of this should be done over Zoom, both out of a concern for cost and carbon emissions. And honestly, this type of suggestion needs to have a stake driven through it. This kind of work relies on human interaction, and relationship-building, and that doesn’t happen and cannot happen over Zoom. This is one of the biggest problems with hybrid sittings (which, mercifully, the Senate has ended), but which MPs refuse to believe, and apparently a few senators do too—parliament is a face-to-face institution. It cannot effectively operate remotely. The pandemic was a short-term (ish) problem that required a solution, and while this was not the best one, it was a solution that nevertheless has emboldened people to think that Parliament is a job you can do from home. It’s absolutely not, and this kind of committee travel is no exception. You cannot replace the kinds of interactions that make this travel essential over Zoom, and we need to stop thinking of Zoom as the solution to problems that aren’t actually problems.

Ukraine Dispatch:

Russia launched another overnight round of attacks on Kyiv, this time with drones, but all were shot down. The commander of Ukraine’s ground forces says it’s important that they maintain their hold on Bakhmut in advance of the counter-offensive (not the least of which because it’s degrading Russia’s forces significantly). The EU is hoping to increase production of ammunition in order to help Ukraine’s efforts. And here is one Ukrainian farmer’s novel way of de-mining his fields using parts from old Russian tanks.

https://twitter.com/ukraine_world/status/1653390767329558530

https://twitter.com/war_mapper/status/1653169425749508100

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