Tag Archives: Supreme Court

Roundup: The PM is staying put this year

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It is the National Day for Truth and Reconciliation, otherwise known as “Orange Shirt Day,” after Phyllis Jack Webstad told the story about going to residential school with a new orange shirt that she was so proud of, and was forced to remove it upon arrival, which became a symbol of her forced assimilation that the school enforced. Something to reflect on over the day.

It also sounds like the prime minister has learned his lesson about his visibility, and whereas his intention last year was to step back and not make it about himself, he spent the day heading to Tofino for a weekend off with his family, which became a minor scandal. So today he’ll be attending ceremonies and events both in the Niagara Region, as well as here in Ottawa, and conspicuously not taking off with his family.

Ukraine Dispatch, Day 218:

Russia is claiming to recognise the “independence” of two of the regions in Ukraine subjected to sham referendums this past week, as a prelude to annexation. President Volodymyr Zelenskyy, in response, has made a direct appeal to Russians that they don’t have to die in Ukraine, like 58,000 have so far, and called on ethnic minorities in Russia to resist mobilization. Further north to those regions, Ukrainian forces have nearly encircled the city of Lyman, and are preparing to trap Russian forces therein. One of Zelenskyy’s advisors says that the sham referendums change nothing, and that they will liberate those territories, with military force if necessary. Meanwhile, Ukrainian children are trapped in Russian camps after promoting them as a summer break for children in occupied territories, so that’s going well.

https://twitter.com/MarkHamill/status/1575568979069837312

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Roundup: Trying to dispel yet another conspiracy theory

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It was Environment Canada’s turn to take to Twitter in a series of plain-language tweets in order to dispel the conspiracy theories that Justin Trudeau is creating “climate cops” that are going to arrest people for…reasons. They’re not climate cops, they’re Environment Canada enforcement officers, they’ve been in existence since 2008 (you know, when Stephen Harper was prime minister), and they enforce environmental regulations. The theory, which seems to have originated from a far-right former Rebel fabulist, has been broadcast by UCP leadership hopeful Danielle Smith and several sitting Conservative MPs, and it’s utterly bonkers. It’s even more concerning that MPs are willingly spreading conspiracy theories in order to keep up the rage-farming that they think will get them votes, and that they have absolutely zero self-awareness that this is utterly corroding democracy. None.

Meanwhile, Conservative has-been and ongoing shitposter Andrew Scheer is trying to discredit the Bank of Canada’s correction about the false narrative of “printing money,” using the same kind of faux-logic that Flat-Earthers use. So yeah, the discourse is going great. They’re really respecting democracy. (We’re doomed).

Ukraine Dispatch, Day 190:

The International Atomic Energy Agency inspectors arrived at the Zaporizhzhia nuclear plant for real this time, and conducted their initial inspection of the facility, with the intention to remain on the site, and yes, they avoided shelling and gunfire to get there. President Volodymyr Zelenskyy noted that independent journalists were prevented from covering the visit, which allows Russia to present a one-sided picture.

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Roundup: A better than anticipated fiscal picture

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The Department of Finance’s fiscal monitor was released yesterday, showing that for the first quarter of the 2022-23 fiscal year, the government ran a $10.2 billion surplus, which is not a big surprise considering that the economy is overheated, and that’s generating a lot of revenues, particularly with high oil prices. Of course, this comes with the caveat that Q4 tends to book a lot of the expenses and liabilities that drag the figure down at the end of the fiscal year, but it’s a promising sign, and it’s certainly showing that all of the wailing and gnashing of teeth about the government’s spending and deficit has been largely for naught, and that maybe Chrystia Freeland is a better fiscal steward than they think she is.

https://twitter.com/kevinmilligan/status/1563202103186968576

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Ukraine Dispatch, Day 184:

As overnight shelling continued near the Zaporizhzhia nuclear plant, people in the vicinity have been issued iodine tablets in the event that there is a catastrophic failure and containment is breached, releasing radiation. So that’s cheery.

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Roundup: Questions for the new SCC justice

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The parliamentary hearings around Justice Michelle O’Bonsawin’s appointment took place yesterday, which were the usual awkward affair that these things tend to be, as they’re mostly a get-to-know-you exercise where you can’t really ask too many substantive questions, and as is so often the case with our parliament these days, it was full of self-congratulation of MPs and senators who were so proud to be there for this historic moment. A lot of media outlets picked up on O’Bonsawin saying that she’s a judge first and Indigenous/a mother/a Franco-Ontarian afterward, which is probably the kind of answer you want in a Supreme Court of Canada justice, but it was interesting how many outlets made that their headline.

More interesting to me were some of the responses from justice minister David Lametti, and former PEI Premier Wade MacLauchlan, who ran the selection committee, given that their testimony is actually more relevant because Lametti in particular is the political actor who is responsible for this appointment (along with the prime minister). Regarding O’Bonsawin replacing the Court’s criminal law specialists, even though she is not one herself, Lametti said that it shouldn’t fall to one person on the Court as they all need to be aware of the issue, and I think that’s fair. But when it comes to the answers about encouraging more diverse candidates, I find it utterly mystifying that this government continues to insist on people applying for these positions rather than having their committees canvas the legal community for names, and then approaching them directly rather than waiting for applications. It’s been a problem that this government has had since day one, and it doesn’t encourage diversity because a lot of people from marginalised communities don’t apply because they are either discouraged already because of institutionalised racism and discrimination, or because they feel they have no chance because they don’t fit the established mould. This government knows this, and yet they persist with this inadequate model, for reasons unknown. It boggles the mind.

Ukraine Dispatch, Day 182:

It was both the 31st Independence Day and six-months since Russia began its illegal invasion of the country. Russia marked the day by hitting a train full of civilians near the town of Chaplyne in Eastern Ukraine, killing 22 people. Here are some six-month retrospectives from the Star, CBC, and Associated Press.

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Roundup: Premiers pleading poverty while demonstrating largesse

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Ontario premier Doug Ford met with Maritime premiers in New Brunswick yesterday, and wouldn’t you just know it, they demanded more federal healthcare dollars while simultaneously saying that throwing money at the problem wouldn’t fix things, so they want to go to more private delivery. The problem, of course, is that Ford didn’t even bother to spend his full healthcare budget last year as he continues to underpay nurses and doctors, and both he and Blaine Higgs in particular put pandemic healthcare dollars onto their bottom lines, and Higgs boasted a healthy surplus last year thanks to federal transfers. It’s hard to take premiers’ demands for cash seriously if they don’t actually spend the dollars they’re given, and that they keep boasting about their balance sheets while still steadfastly refusing to increase pay, or to reform billing systems. While François Legault wasn’t at the table today, he’s also promising a tax cut if he gets elected again, while crying poor and insisting the federal government needs to spend more. Erm, you know that the federal government can see you, right?

On that note, Saskatchewan premier Scott Moe announced that his province is so flush with money thanks to high oil and gas revenues that they’re going to give out vote-buying cheques to the whole province. But he too is going cap-in-hand to Ottawa for more health transfers, and he’s sending patients in his province to private clinics in Alberta and won’t pay for their transportation to get there either. (Oh, and giving cheques to everyone is going fuel inflation, but you knew that, right?

Ukraine Dispatch, Day 180:

President Volodymyr Zelenskyy is banning public celebrations in advance of Ukraine’s independence day, citing fears that Russia will likely plan more severe attacks in line with the occasion, particularly around civilian infrastructure. Russians struck near Kharkiv and areas near Bakhmut in the Donbas, while the Ukrainan counter-attack continued to advance on Kherson in the south. There were also new claims of Russian shelling near the Zaporizhzhia nuclear plant, as international pleas to ensure a ceasefire around the area continue to go unheeded. Russians are also, not surprisingly, blaming the car bomb that killed the daughter of one of Putin’s advisors, on Ukraine.

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Roundup: Meet Canada’s newest Supreme Court justice

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Prime minister Justin Trudeau announced yesterday that he will be appointing Justice Michelle O’Bonsawin to the Supreme Court of Canada, making her the first Indigenous justice on the top court. She will be replacing Justice Michael Moldaver, who retires on September 1st, a few months ahead of his mandatory date, and this is for one of the Court’s three Ontario seats. While it was a given that this appointment would be a woman in order to restore gender balance on the court, there has been pressure for an Indigenous justice for a while. This government has also mandated that official bilingualism should also be a requirement for appointment, which shrinks the pool of available Indigenous candidates a whole lot. And it’s not without controversy—it is true that, as many Indigenous activists point out, that kind of linguistic requirement is colonial, but it also has been pointed out that relaxing those kinds of requirements is generally done at the expense of French, which is also a very fraught notion with the insistence that French is “in decline” in the country (which is debatable, because use of French has been up in Quebec, but they are paranoid about the “mother tongue” statistics, which is generally about immigrants for whom French is not their first language).

While you can read O’Bonsawin’s application questionnaire here, it’s worthwhile noting that she comes to the Supreme Court directly from the Superior Court rather than the Court of Appeal. This isn’t a big deal, but it does speak to the pool of available candidates, because there are exceedingly few Indigenous judges at the appeal court level. This being said, it’s perfectly permissible to appoint people to the Supreme Court if they’re law professors, or even lawyers working in a firm—Justice Suzanne Côté was appointed directly from practice. This being said, O’Bonsawin has academic chops to add to her experience, with a PhD in the Gladue sentencing principles, which are about taking proper life circumstances into account during sentencing for Indigenous people. She also has done a lot of work around mental health, which is also important in the current legal environment, so it does look like she will bring a wealth of experience to the bench. The only thing I would say is that with Moldaver’s retirement, there is no longer a criminal justice specialist on the Supreme Court, which may be an issue in the longer-term, but there are enough bright minds on the court that I wouldn’t be too worried about it.

Meanwhile, here is some reaction from the president of the Canadian Bar Association, and several Indigenous leaders.

Ukraine Dispatch, Day 177:

Ukraine has been making several drone attacks in the areas of Nova Kakhovka, near the occupied city of Kherson, as well as possibly the Crimean port of Yevpatoriya, which seems to be about Ukrainians showing their capabilities to Russian aggressors. Ukraine is also warning that Russia is planning a “large scale provocation” around the Zaporizhzhia nuclear plant in an attempt to decouple it from the Ukrainian grid and attach it to the Russian grid, which is apparently a complex operation that could cause a disaster. Meanwhile, doctors talk about why they are staying in place in war-hit towns in Ukraine.

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Roundup: Threats and compromises over dental care

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After spending the weekend talking tough on healthcare, Jagmeet Singh made some threats and shook his fist in the direction of Althia Raj yesterday, insisting that if the promised dental care programme doesn’t happen by the end of the year, that he was walking away from the supply-and-confidence agreement with the federal government. As this was hitting the wires, so was a leak that said the government was looking at a temporary cash transfer for eligible households in lieu of dental care this year, because it’s taking longer to implement (even though they insist they are on track). But the federal government hasn’t even decided on a delivery model yet, which is a problem, and premiers haven’t signalled any willingness to work with them on this either, and that’s a problem for all involved. Singh was naïve to believe this could happen in a few months, and the Liberals were stupid to promise that it could, knowing that this was going to be tricky because of the jurisdictional hurdles. And I suspect this is just going to drive cynicism on all sides, because new national social programmes can’t be done on the back of a napkin and rolled out in a few weeks, and everyone has set up expectations that will be nigh-impossible to meet. So good job, everyone. You’ve really helped.

Ukraine Dispatch, Day 167:

There are international concerns after Russians shelled the Zaporizhzhia nuclear power station, in what is believed to be an attempt to cut power to Ukrainian-held cities in the southern part of the country. We also got word that a Ukrainian grain ship has reached Turkey, but it seems there has been a dispute with the cargo’s buyers in Lebanon, so they may be looking for a new buyer for the corn haul. Because of course. Over the weekend, Russians targeted the eastern cities of Bakhmut and Avdiivka, in the Donetsk region.

In case you missed it:

  • My column on Michael Chong’s latest round of reform ideas, and some of them are actually good, while others may not be practical given current limitations.
  • For National Magazine, I wrote about the Supreme Court of Canada’s decision around condom refusal and how that can lead to a sexual assault trial.
  • My Loonie Politics Quick Take on the (then-forthcoming) leadership debate and how you shouldn’t count anything out when there’s a ranked ballot in the mix.
  • My column on why we can’t keep ignoring the link between climate change and what it’s done to crops, and by extension, rising food inflation.
  • My Xtra column on this government’s poor record on HIV funding, while they were busy patting themselves on the back at the International AIDS Conference.
  • My column calling out Senator Dasko’s morally bankrupt poll trying to drum up support for the continuation of hybrid sittings, with no mention of the human toll.

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Roundup: A deal to ship grain?

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We’re now in day one-hundred-and-fifty of Russia’s illegal invasion of Ukraine, and an agreement has been signed that will allegedly allow Ukrainian grain to flow again from their Black Sea ports. Allegedly. No one really trusts Russia to actually live up to their end of the bargain, but we’ll see. Apparently one of the conditions to this agreement is that Ukraine doesn’t raise the issue of the grain that Russia stole from them, so we’ll see what happens from here. Meanwhile, CBC has a video package of the past week in the war.

https://twitter.com/Podolyak_M/status/1550434643094249472

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Roundup: Trying for a left-wing populist narrative

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It’s day one-hundred-and-forty-nine of Russia’s invasion of Ukraine, and Russian forces have been pounding Kharkiv, mostly by randomly shelling residential areas to inflict civilian casualties. But as this shelling takes place, the head of MI6 in the UK says that their analysis shows that Russia’s army is nearly exhausted, and that this will open up opportunities for Ukrainian forces to counter-attack in the coming weeks. Meanwhile, Turkey says that Russia and Ukraine are about to sign a deal that will re-open Black Sea ports and allow grain shipments to pass through again, and hopefully avert the threat of famines (and likely lower world grain prices). There are still a lot of questions—including whether Russia can actually be trusted—but we’ll see what happens in the coming days.

https://twitter.com/AnitaAnandMP/status/1550193058809090054

Closer to home, Jagmeet Singh is trying to play the populist card, and it’s just laughable. It’s like the satire of a populist’s talking points (not that the NDP hasn’t morphed itself from a principled left-wing party to a left-flavoured populist one more than a decade ago). Like Singh and his inner circle looked at Pierre Poilievre’s traction and said “get me a piece of that action,” so they tried to ape his talking points. It’s risible, and it’s a sign of the intellectual vacuum at the centre of our political parties (and no, Liberals, you don’t get to be smug about this one either as your party can’t communicate their way out of a wet paper bag).

https://twitter.com/theJagmeetSingh/status/1550180051152404482

There are no “Ottawa elites” who are “enraged” by your suggestion. Yes, it got a bunch of scorn from, well, everyone because the last thing you want to do when you’re facing high inflation is to just give everyone even more money. Targeted help, sure, but social assistance and disability are provincial programmes, whereas the Canada Child Benefit is too broad a programme that it has been considered stimulus by the government and every credible economist, which is the last thing you want right now. The GST credit can maybe be a vehicle as it’s more targeted, but you need to be specific about that. As for the notion that corporate price gouging has caused inflation is flat-out wrong (even if it has contributed in a small way). Taxing oil companies won’t solve inflation, and an “excess profit tax” is a fraught move because it gets very tricky to come up with a workable definition of “excess,” particularly given the fact that a) the economy is overheated so of course businesses are going to be making more profit, and b) the world price of oil has more to do with supply constraints and capacity constraints for refining, so just taxing it more doesn’t actually solve any problems. But this kind of ham-fisted economic illiteracy does nothing for Singh’s credibility, and just drags the discourse even further down.

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Roundup: Collapsing hospital care is a crisis for premiers

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It’s on or about day one-hundred-and-forty-six of Russia’s invasion of Ukraine, and Russian forces have shelled the city of Toretsk in the Donestk region, smashing more buildings as they continue to try and take control of the area. Ukraine is also calling out Russia’s conduct when it comes to prisoners of war, citing illegal treatment.

Meanwhile, there are no assurances around weapons that Canada is sending to Ukraine that they’re being tracked so that they can ensure they won’t wind up on the black market. NATO partners are having discussion about this, but Canada is merely monitoring rather than participating. Ukrainian officials assure Canada that they are closely monitoring any movement of weapons, as are our allies, and are insisting that information to the contrary is likely Russian disinformation.

Closer to home, emergency rooms are closing in some parts of the country as hospitals are facing a severe staff shortage, particularly among nurses. And gosh, it’s quite a coincidence that Ontario gave nurses an effective pay cut that they haven’t reversed, or that Alberta tried to cut nurses’ pay because they said they were making too much relative to nurses in other provinces. No, seriously, that’s their case. This is while the premiers have mishandled COVID, refuse to do the simplest things like mask mandates at this point, and then wondering why the hospitals, which never recovered from the previous waves of the pandemic, are once again collapsing. A very cynical person might think premiers have created this situation, either to pressure the federal government to hand them more money without strings, or to set up the conditions to force more private delivery of care (which won’t actually do anything about staffing or resources other than distribute them toward those who can pay), but it looks clear that they aren’t prepared to give the necessary damn that the situation requires, and that’s a problem.

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