Tag Archives: Supreme Court

Roundup: Saskatchewan wants to play constitutional chicken

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The government of Saskatchewan tabled their bill to “protect” SaskEnergy from repercussions if they go ahead with their threat to not collect or remit the federal carbon price on natural gas, and well, it is hilariously ineffective. Why? Because the federal legislation makes it very clear who is responsible for the collection and remittance of those funds, and this bill is trying to use provincial legislation to change a federal definition. You can’t do that. Provinces do not have that ability. This is just setting up SaskEnergy and its directors to face these penalties, because the provincial government can’t say that they’ll accept the responsibility instead. Again, it doesn’t work that way.

The minister, Dustin Duncan, then went on Power & Politics and was pressed on this issue, and he flailed for a bit before trying to make this a game of chicken—they’re going to essentially dare the federal government to follow federal law, and hold the persons responsible for collecting and remitting those funds to account. Because this is the level of maturity we’re dealing with. At this point, I wouldn’t be surprised if the CEO and the board of SaskEnergy all walked off the job in protest of being put in this kind of legal jeopardy because Scott Moe is a child.

Ukraine Dispatch:

The death toll from the Russian strike on Selydove in eastern Ukraine doubled as more bodies were found in the rubble. President Volodymyr Zelenskyy says that Ukraine has seized the initiative in the Black Sea thanks to their fleet of naval drones which has pushed back the Russians toward the eastern coasts. New UK foreign minister David Cameron visited Ukraine as his first trip on the job.

https://twitter.com/zelenskyyua/status/1725054494969373168

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Roundup: No, you can’t challenge a censure motion in court

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Ontario MPP Sarah Jama has written to Doug Ford to ask him to retract his motion in the legislature to censure her and prevent her from speaking until she offers an apology for the comments she made at the start of the Israel-Hamas conflict. In it, Jama says that if Ford doesn’t, she’ll take the matter to the courts. The problem? The courts won’t touch any kind of legislative censure motion because it falls under the issue of parliamentary privilege and the separation of powers.

We have to remember that Parliament and the legislatures are self-governing, as they should be. That’s what keeps them independent of the powers of the King—and yes, the courts to count as the powers of the King, as the King is the fount of justice, and justice is carried out in his name. (That’s also why we have a doctrine by which the King can do no wrong, but rather, can merely act on bad advice, and the minister who offered that is responsible for it). Part of that self-governing power is the legislature’s ability to discipline its members, which is important because you don’t want an external authority able to do that, because it can create a great deal of interference in the workings of your legislature.

This being said, the fact that she was censured at all is a problem, and as I wrote in a column a couple of weeks ago, is part of a broader pattern that his happening that is extremely concerning (and is almost always hypocritically done by parties who claim to be all about free speech, but reveal themselves to only be pro-speech they like). And it should be up to voters to discipline parties that are abusing these powers to punish those they disagree with, but that also means keeping up the pressure on them so that they know that they are going to be punished for it.

Ukraine Dispatch:

Ukraine says that in spite of that Liberian-flagged ship getting hit by a Russian missile, their alternative Black Sea corridor is working. Really! President Volodymyr Zelenskyy is also hoping for a conference next month on a joint weapon production agreement with the US and defence contractors.

https://twitter.com/defenceu/status/1722903820684947654

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Roundup: Maybe not just an industrial price

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Because the vultures are circling around the carbon price, we’re going to be inundated with plenty of “proposals” about what to do. Like this one from Ken Boessenkool, who thinks that they should just kill the retail carbon price in favour of the industrial one, as though those costs won’t still be passed only (with less transparency), and it won’t give people incentives to change behaviour. Oh, and industrial carbon prices will disproportionately target Alberta, so I can’t see them being in favour of that either.

Meanwhile, Access to Information documents show that Danielle Smith was indeed lying about the “pause” on renewable energy products, but worse than that, she roped in the independent operators who should have maintained their independence. This is very bad, but she’ll continue to get away with it, like she always has.

Ukraine Dispatch:

Ukrainian forces say that the Russians have intensified their assault on Avdiivka, but the Ukrainians’ defensive positions remains strong. A Russian missile struck a Liberian-flagged vessel at the port in Odesa. Ukrainian drone pilots are worried that they have lost the advantage as the arms-race between the two powers accelerates.

https://twitter.com/defenceu/status/1722682213399974066

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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

https://twitter.com/aballinga/status/1721622048345149688

https://twitter.com/aballinga/status/1721628581921509676

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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