Tag Archives: Supreme Court

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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Roundup: The scope of the transition

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As Alberta heads into an election, one can be certain that Danielle Smith is going to wield the threat of the supposed “just transition” as a cudgel to attack Justin Trudeau and Rachel Notley. Nevertheless, there are issues around the future of work in the province as the oil and gas extraction industry changes—a process that began years ago, and is currently far more automated than it used to be.

As Andrew Leach points out, the scale of the issue is something that the province will need to grapple with.

Ukraine Dispatch:

The death toll from the overnight strike in Uman has risen to 23, with another two deaths from a separate strike in Dnipro. Ukrainian leadership say that they are “to a high percentage ready” to launch their spring counter-offensive, and that modern weapons will serve as an “iron first.” Meanwhile, president Volodymyr Zelenskyy hosted the presidents of Slovakia and the Czech Republic, while seven foreign ministers met with Ukraine’s foreign minister in Odessa, all of whom were expressing support for Ukraine as Ukraine pushes for more modern aircraft.

https://twitter.com/defenceu/status/1651966751268278272

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Roundup: The optics ouroboros

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So, that big CBC/Radio-Canada “scoop” that dominated the news yesterday about Justin Trudeau’s Christmas vacation. Because this is sometimes a media criticism blog, I figured I would make a few remarks, because there were some very obvious things about it that were just being shrugged off, or actively ignored by some of my fellow journalists. To begin with, there is not a lot of substance to the story. It’s some typical cheap outrage—how dare the prime minister go on a luxury vacation on taxpayer dollars when there are people struggling in Canada—mixed with a specious connection that doesn’t mean anything in substance, but which looks bad when you make it sound sinister in order to fit it in with the current nonsense around the Pierre Elliott Trudeau Foundation. Fit those two in a particular frame that makes it sound salacious, and you have the makings of a story that dominates Question Period. Congratulations! You’ve set the agenda for the day, you can pat yourselves on the back to your heart’s content.

But the whole connection to the Foundation is a construction that implies a relationship that doesn’t exist. Yes, the Trudeau and Green families have been friends for 50 years, but the donation to the Foundation was a bequest after the death of one of the Green family members, and it was done two years ago, which was eight years after Trudeau stepped away from any involvement in the Foundation. Implying that there was something untoward about the donation and then vacationing with Trudeau—who has been family friends his entire life—is simply scandal-mongering. And this gets justified with the pearl-clutching about “optics!” But you’re the one creating the optics with the distorted framing of the situation, so you’re literally inventing a mess that doesn’t actually exist, so that you can report on the invented mess, and then report on the follow-up reactions from other political leaders who will tut about “optics.” Which you created in the first place with your framing, like some kind of ouroboros. Very convenient, that.

None of this is to say that Trudeau shouldn’t know better than to take these kinds of trips, because he knows full well that there is an intrinsic culture of petty and mean cheapness in Canadian media, and that his opponents will take full advantage of it. And lo, the story also quotes unnamed Liberal Sources™ who are once again shocked and dismayed that the prime minister once again did something with poor optics, because that’s who he is. And Trudeau then made it worse, as pointed out in my QP recap, by not answering about the gift of the accommodations, which just perpetuates the story rather than cutting it off at the start. “Yes, I accepted the gift of the accommodations. Yes, the Ethics Commissioner cleared it. Yes, I paid the equivalent commercial rate for the flight.” And it stops their ability to try and stretch this into a scandal. But Trudeau and the people who advise his communications are so tone-deaf that they keep doing this. They keep stepping on every rake in their path, every single gods damned time.

Ukraine Dispatch:

President Volodymyr Zelenskyy visited troops in the eastern city of Avdiivka, which is facing an advance like Bakhmut, which itself is facing an increase in Russian shelling and air strikes. Ukraine has reached a deal with Poland about grain and other food products transiting that country, but the future of the Black Sea deal remains in doubt.

https://twitter.com/ukraine_world/status/1648431809200553985

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Roundup: Troll-bait taken

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Well, Pierre Poilievre’s troll-bait worked, and everyone was frothing at the mouth over the application of “government-funded media” to CBC’s main Twitter account (but not its news accounts, or any of their French accounts). And the Conservatives lapped it up; Andrew Scheer, pleased as punch and in full smirking doofus mode, even gave a trollish member’s statement ahead of Question Period which was quickly clipped for use as a shitpost. In protest, CBC declared they would “pause” their use of Twitter, which just cedes the field the flood of bullshit. And then later in the day, Elon Musk decided to adjust his tag to say “70% government-funded,” as if it makes a difference to the insinuation Poilievre was trying to impart, only for a short while later, change that to “69% government-funded,” because this is Musk and Poilievre we’re talking about, and they have the mentality of twelve-year-olds in their quest to become shitposting edgelords.

 

Justin Trudeau, somewhat cleverly, noted that Poilievre ran to the arms of American web-giant billionaires to support his attack on Canadians, which bolsters the Liberals’ narrative about their legislation to curb the power of web giants and forcing them to pay into the Canadian content ecosystem (which the Conservatives have been falsely decrying as government censorship). The NDP and the Bloc went with the tactic of calling this an attack on Quebec culture, which may do more damage to the Conservatives in the province where they are hoping to make inroads.

But this is all culture war bullshit, and yet, people fell for the troll bait. The Liberals immediately tried to fundraise off of this, and played right into the Conservatives’ hands.

I did note that three former CBC bureau chiefs did impart their experiences about editorial independence, and governments going after them for their reporting, which is not exactly the narrative that Poilievre has been trying to prompt.

Ukraine Dispatch:

The Ukrainian grain deal is threatened as Poland, Hungary and Slovakia have all banned Ukrainian grain as part of protectionist measures, and the EU is likely to mount some kind of response. The prisoner exchange on Sunday saw 130 Ukrainians returned, but it’s not clear how many Russians were turned over. A top Ukrainian official said that they will launch their counteroffensive when they’re good and ready, and not before.

https://twitter.com/ukraine_world/status/1648018653885898756

https://twitter.com/ukraine_world/status/1647891561915596800

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Roundup: The dog and pony show around Telford at committee

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After weeks of haranguing, filibusters, and Question Period clown shows, the prime minister’s chief of staff, Katie Telford, appeared at the Procedure and House Affairs committee. Shortly before she appeared, documents were tabled to show some dates of briefings the prime minister had with his National Security and Intelligence Advisor, but there weren’t many specifics, and in her testimony, Telford didn’t fill in any of those blanks. And nearly two-and-a-half hours were spent with Telford largely telling MPs that she couldn’t confirm or deny anything, except when the Liberals asked her to pat herself on the back for all of the actions the government has thus far taken around taking foreign interference seriously.

And of course, the Conservatives spent the time putting on a show for the camera, whether it was Larry Brock playing prosecutor—in spite of committee chair Bardish Chagger repeatedly warning him that this was a committee and not a court room—or Rachael Thomas’ rehearsed Disappointment Speech at the end. It was nothing but a dog and pony show.

This never should have happened. Telford never should have been summoned. We’ve once again damaged the fundamental precepts of parliamentary democracy and Responsible Government for the sake of some cheap theatre and clips for social media. Our Parliament should be a much more serious place, but this was just one more incidence of MPs debasing themselves and the institution for the sake of scoring a few cheap points.

Ukraine Dispatch:

Russian missiles struck the eastern city of Sloviansk, hitting residential buildings and killing at least nine people and wounding over 21.

https://twitter.com/ukraine_world/status/1646844031190614017

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Roundup: Poilievre’s fictions about crime

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Pierre Poilievre held a press event in Edmonton yesterday, and it was…quite something. From the bullying of the Canadian Press reporter, the doublespeak and particularly notable omissions in his “defund the CBC” shtick, the economic illiteracy, the complete fiction he was peddling about violent crime, it was just another sign of how things are degenerating in our political discourse. The name of the game is flooding the zone with bullshit, and being an odious troll. Much of his base knows that he’s lying and they love it because he gets away with it, sticking it in the faces of people who care about things like facts or the truth (while the ignorant portion of said base laps up everything he says uncritically, which he also likes because they’re easily manipulable). It’s corrosive to political norms that we rely on, and he doesn’t care. This can’t end well, and I worry things are going to get worse.

https://twitter.com/EmmMacfarlane/status/1646585470866915354

Ukraine Dispatch:

Russian forces have been shelling Bakhmut unrelentingly, and have also fired on the southern city of Kherson. Here’s a look at LGBTQ+ soldiers fighting in Ukraine, and the added challenges they face while doing their part to defend their country.

https://twitter.com/ukraine_world/status/1646534358415671302

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Roundup: No political interference, and an incompetent commissioner

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The final report of the Mass Casualty Commission, arising from the Nova Scotia mass shooting, was released yesterday, and it is wholly damning on the RMCP, as well as on the state of gun control measures. While I have a column about RCMP reform coming out later today, there were a couple of other threads that I wanted to pick up on here. One is that Trudeau says that they’ll make changes to the RCMP, but I’m dubious. Like the column will point out, there’s almost nothing left to save, and I fear that inertia will carry the day—especially when Saskatchewan starts bellyaching about recommendations to phase out training at Depot in Regina, and provincialism will win the day.

The other is that the whole drama around allegations of political interference in the investigation have been resolved, and unsurprisingly, there wasn’t any. “[Commissioner Brenda] Lucki’s audio recorded remarks about the benefits to police of proposed firearms legislation were ill-timed and poorly expressed, but they were not partisan and they do not show that there had been attempted political interference,” the report concluded. Because the claims never made any sense. The gun control changes were not drawn up on the back of a napkin in the wake of the shooting—they had been worked on for months at this point, and were being finalised, and Lucki would have known that because she would have been consulted the whole way through. And there was no reason for the local detachment not to release that information because they knew where the guns came from, and there was no investigation to jeopardise. The report had a lot of things to day about the RCMP needing to be more transparent, and to learn how to admit mistakes, and yes, it did call out that they were actively lying to the public throughout the incident and its aftermath.

One of the other aspects yesterday that deserves to be called out even more is that the interim RCMP Commissioner was given the report the day before, and he couldn’t be bothered to read it, or to have an adequate briefing on its contents, before he went before the media. It’s rank incompetence, and all the more reason why the Force needs to be disbanded.

Ukraine Dispatch:

At least six Russian missiles hit the city of Kharkiv yesterday. Here is a look at Bucha, one year since its liberation.

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Roundup: Another Auditor General Day goes by largely unnoticed

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Yesterday was Auditor General day, not that you really heard much about it. No questions were raised about her reports in Question Period, and none of it came up on either of the politics shows, which is not good. We’ve already ceded so much of Parliament’s ability to hold the government to account to Officers of Parliament like the Auditor General, but whereas once upon a time, the biannual Auditor General Days were all anyone could talk about because media in Ottawa worshipped at the feet of said Auditors General, and who took their word as gospel, well, there has been almost none of that now. (And frankly, the fact that we are now listening to every single utterance of the Parliamentary Budget Officer and not the Auditor General is another problem).  In fact, most outlets ran Canadian Press wire copy instead of doing their own reporting from the reports, and those outlets that did their own stories only focused on a one or two of the reports and not all four, which again, is a warning sign about the state of our media.

Nevertheless, her reports concluded that:

  • The slow rollout of high-speed internet to rural and First Nations communities in particular is creating an economic divide.
  • The government can’t track the outcomes of their “feminist foreign policy” because they’re not tracking if aid dollars are actually meeting goals.
  • Two-thirds of people with disabilities found barriers to accessing federally-regulated planes and passenger trains.
  • The Centre Block renovations are on budget so far, but it’s taking far too long to make any decisions related to the work.

So really, there’s some pretty heavy stuff in there that the government should be held to account for, most especially the part around foreign aid funding that they like to show up at an announcement for and pat themselves on the back later, but are neglecting tracking the actual work. That’s a problem with this government, and we should be holding their feet to the fire over it, but we’re just not, and that’s a problem for our democracy.

Ukraine Dispatch:

Ukrainian forces closed the town of Avdiivka to civilians in the wake of increasing attacks as Russian forces shift their attention there and away from their flagging assault on Bakhmut. Ukrainian forces also shot down a dozen Russian drones headed for Kyiv, destroying all of them. President Volodymyr Zelenskyy visited troops in the south-eastern part of the country, where it’s likely part of the spring counter-offensive will take place. Zelenskyy later met with the director general of the International Atomic Energy Agency, and said that Russians were holding the Zaporizhzhia nuclear power plant hostage.

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