Tag Archives: Supreme Court

Votes aren’t that important in the Senate

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On Friday morning, the CBC put out a deeply ignorant article that was Very Concerned about senators missing “key votes,” and that “some legislative changes pass with barely half of all senators casting a vote.” OH NOES! Except that there are pretty much no key votes in the Senate, and that very few legislative changes are so important that they need all hands on deck to vote. Legacy media and a number of academics who have spent zero time watching the Senate simply do not understand how it operates, and for the most part, votes are not all that important. Government bills are going to pass, unless it’s something extraordinarily egregious, so there is less impetus to vote for things, because nobody wants to cause a constitutional crisis by voting down these bills. There are almost no close votes in the Senate these days, unless it’s on some contentious procedural matters—such as what was being rammed through with some of those bills at the end of the sitting—but again, that was on the timing of studies and not on the bills themselves. The votes are not important—the committee work is, and that’s where senators focus most of their attention.

This being said, the fact that so many of these senators in the article had absences related to doing things like keynote speeches and engaging with certain stakeholder communities is in part a function of the kinds of appointments that Justin Trudeau made to the Chamber, which were a lot of type-A personalities who have some pretty specific interests, and sometimes pursing those interests mean that they’re not in Ottawa as a result. Also, a lot of senators are aged, and that means that some of them have more health issues and they miss sittings as a result, which also wasn’t really addressed. And articles like this one are going to leave the impression that they simply can’t be arsed to turn up, and isn’t it just like those attendance scandals of the eighties and nineties (which it’s not, and yes, the Senate takes attendance and those records are public, unlike the House of Commons). This isn’t the whole “taskless thanks” nonsense that certain past Senate figures *cough*Mike Duffy*cough* tried to make it out to be. It’s just really tiresome that this kind of story comes around every year, often from the same journalists, and nobody bothers to learn a gods damned thing about why the Senate is not the House of Commons.

My Latest:

  • For National Magazine, I delve into Friday’s Supreme Court of Canada decision where they upheld a mandatory minimum sentence (for a change).
  • My weekend column points to just how incoherent Carney’s first Senate appointments were in the broader context of the direction of the Chamber.

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A fantasy pipeline to Sarnia

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Doug Ford and Danielle Smith held a joint press conference yesterday to announce a proposal for a northern pipeline route from Alberta to Sarnia, entirely through Canadian territory. Currently Alberta oil transits to Sarnia through the US because it’s a much shorter and flatter route, and that network is working just fine. Yes, a northern route might be more secure from American threats, but I will reiterate—a Canadian route is much longer, and over much rougher terrain, and is unlikely to find private sector proponents because they have no desire to strand the current pipeline network’s assets.

This sounds an awful lot to me like wishful thinking. There’s no timeline, there’s no price tag, there’s no agreement with Manitoba to go through that province—it’s a line on a map that rests on the wishful thinking that the oil market is going to keep growing in perpetuity. Ford keeps talking about how great it would be if the pipeline could go all the way to the Irving refinery in New Brunswick, but that’s never going to happen because Irving has no interest in paying a premium for Alberta oil when they can get imports for cheaper. (On a similar note, hopes to ship oil or LNG out of the Port of Churchill is also fantasy, because it’s only open for three months out of the year, and if they think that they need icebreakers the rest of the year, well, that’s one hell of a government subsidy).

Meanwhile, Smith going on about how the plan is to build this out now and decarbonise later is also ridiculous. There is a supply glut in the global oil market already (and prices will fall precipitously once the Strait of Hormuz issue is resolved, which it will be). Alberta increasing production to fill all of these pipelines is not going to bring plenty of more dollars, because adding supply to a supply glut further lowers the prices they get. That’s the reason why so much investment dried up after the price crash in 2014. It’s not coming back. This is just fantasy.

Danielle And Doug Ford Are Making A Beautiful Pipeline Togetheryoutu.be/BbOvIjvbMMw

— Clare Blackwood (@clareblackwood.bsky.social) 2026-07-06T19:40:58.929Z

— Effin' Birds (@effinbirds.com) 2026-07-06T13:08:02.411Z

My Latest:

  • My column on the justice committee hearings being largely a clown show because we don’t have serious bunch of MPs who asked questions of the new SCC justice.
  • My weekend column points out that the extreme weather on Canada Day in Ottawa should have been a wake-up call for Carney, but he refuses to listen.

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Some admissions in the latest “Forward Guidance”

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Prime minister Mark Carney released another of his “Forward Guidance” videos yesterday, and it was…revealing. The historical figure that Carney used as his hook was the founder of Ontario Hydro, and it was all about the energy crises that we find ourselves living through. The problem? That so much of what Carney used as his frames of reference were based on 1) old myths that were not true; 2) revisionist history of the Trudeau government; and 3) wishful thinking. To break it down, Carney gave a line about how when he grew up in Edmonton, the National Energy Project made Albertans feel like “our resources weren’t our own,” which goes to the falsehoods around the NEP, and the generations of grievance politics that emerged from it. The NEP was never the problem—the collapse in global oil prices were. Alberta blamed the NEP, but to this day wishes they had the benefits, like west-east pipelines and a country-wide energy market instead of going north-south. Imagine that. Carney also says that more recently, “we were made to feel that our energy contributions were running against the tides of history.” Really? Trudeau, who bent over backwards for Alberta, built them a pipeline at the cost of his own political capital, and who kept giving money to the industry (who then squandered it)? And under whose leadership production rose to its highest levels ever, which Carney also admitted? Yeah, he was really making them feel bad about their energy contributions—except of course that they blamed him for the oil crash of 2014, that happened before he was in office. Huh. Carney didn’t mention that. Oh, and when Carney talks about how Alberta developed the oil sands, he omits that said development came with federal money and favourable tax treatment (thanks to Jean Chrétien). When your federalist leader keeps conceding the points of the separatists (which are falsehoods), it’s hard to see how he’s defending the country as a whole.

I have zero confidence that Carney will insist on the conditions of having a private sector proponent, or that Pathways happens (and I can pretty much guarantee that he'll shrug and say "Well, it was only going to capture 12 percent of emissions anyway").

— Dale Smith (@journodale.bsky.social) 2026-06-30T15:11:12.884Z

From there, Carney kept going on about building our energy sector, and made some nonsense points about home-grown electrification, which…is already home-grown. We’re not importing electricity in any significant way. We export more. He talks about needing this new pipeline to have “new options,” but once the Strait of Hormuz opens up (which it will eventually), it’ll just be feeding a supply glut, which is going to further depress prices. And then he goes on about building trust internationally, before admitting that we’re not going to meet our climate targets (so, betraying the trust that we were building by saying we were going to meet our targets?) He kept insisting that the commitment to fighting the climate crisis is “absolute,” but he wants to do that by doubling down on oil and gas while also increasing electrification (omitting that said electrification will also mean more natural gas, particularly in Alberta). He also claimed that Trudeau’s climate plan, while it would meet our targets, was “unsustainable” and “too expensive.” Erm, you know how much more expensive climate change is, right? We’re talking orders of magnitude here. Oh, and it was “too divisive,” but only if you’re listening to liars and grifters, which apparently Carney is.

If I were Julie Dabrusin, I’d be pissed. Carney had sent her around to every media outlet to insist that they were “committed” to meeting those climate targets, and essentially demanding that she lie about it, only to pull a bait and switch and say that yeah, you guys were right, we’re not going to meet our targets after all, after spending months insisting that everyone else was wrong. So why should we believe anything this government says? Serious question.

Oh, and if you were playing the “Building Canada Strong™” drinking game, you’d be puking right now.

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A grab-bag of Carney answers

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Prime minister Mark Carney held a press conference yesterday to pat himself on the back for his government’s accomplishments over the spring sitting, but as with most of these exercises, the real interest was in his responses to questions, which he doesn’t do very often. So, what did we learn?

  • That big call with Trump this week with the extremely vague readout was mostly about Iran and NATO, and not about trade.
  • We’re still a long way away from any kind of trade deal with Trump.
  • The six upcoming by-elections will likely be spaced out.
  • We finally got more details on that condo purchase in Vancouver, which is 90 percent provincial funding/10 percent federal, and is intended as rent-to-own.
  • He will be going to Stampede, and plans to defend national unity, and is using Brexit as a cautionary tale (as well he should be).
  • We are sending aid to Venezuela after the earthquakes, and while it might be useful to have some kind of consular services there or in Iran, we’ll go through partners.

Shortly afterward, Pierre Poilievre gave his own press conference to decry the state of the Canadian economy and blame Carney for it, as though Trump wasn’t a factor, or that climate change isn’t affecting things like food prices. In fact, he pretty much admitted he’d accept a bad deal with Trump for the sake of getting a deal. So there’s that.

"It's all an illusion."

— Scott Robertson (@sarobertson.bsky.social) 2026-06-25T19:54:15.597Z

My Latest:

For National Magazine, I delve into the Supreme Court of Canada’s increasing caseload, and why the Chief Justice’s explanation of cleared backlogs doesn’t hold.

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Ginning up an faux inflation narrative

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The inflation data for May was released yesterday, and unsurprisingly, the headline number ran high because of gasoline prices, entirely because of the situation that Trump created with Iran and the Strait of Hormuz. Looking into the data, it’s quite clear that core measures—which strip out volatile food and fuel prices—is right on the Bank of Canada’s target at 2.1 and 2.0 percent (there are two different core measures the Bank of Canada tracks). And yes, food price inflation continues to run hot, and the data shows pretty clearly that it’s supply disruptions—things like tomatoes coming from Mexico, where they planted fewer crops because of US tariffs, and then that smaller crop was affected by weather conditions (read: climate change). Constrained supply means higher prices. This is basic supply-and-demand.

Before Poilievre lights his hair on fire about inflation hitting 3.2% last month, this is pretty much entirely on gasoline prices because of Iran. Core measures remain at 2.1% and 2.0%. And he's going to decry the price of food and blame "Liberal inflation" as opposed to the truth:

— Dale Smith (@journodale.bsky.social) 2026-06-22T13:30:56.569Z

Predictably, Pierre Poilievre came out and blamed “Liberal high taxes, waste, and deficits.” None of those have anything to do with inflation. Taxes (which the Liberals have cut consistently) are disinflationary. The size of the deficit has nothing to do with Trump’s foreign misadventures, or climate change affecting food-producing regions, and yet, Poilievre has a convenient target for everything. Who needs facts when you have a narrative, and a government who refuses to actually push back on any of this, and merely pats themselves on the back for OECD projections.

Just completely ignoring the relevant facts, because he has a narrative.

— Dale Smith (@journodale.bsky.social) 2026-06-22T18:21:00.215Z

https://twitter.com/andrew_leach/status/2069126743831830583

https://twitter.com/andrew_leach/status/2069136495693418894

— Effin' Birds (@effinbirds.com) 2026-06-22T13:08:01.946Z

My Latest:

  • My Loonie Politics Quick Take takes issue with the Conservative private member’s bill to take the GST off of used cars, which is both bad policy and bad economics.
  • For National Magazine, I delve into Friday’s Supreme Court of Canada decision that allows a failed candidate the opportunity to sue the province’s chief electoral officer.
  • My (belated) weekend column on the government unnecessarily jamming complex bills through the Senate for no good reason at all.
  • For National Magazine, I contributed to this look at the next Supreme Court of Canada justice, Glenn Joyal.

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A privacy bill that takes away from the Privacy Commissioner

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The federal government tabled long-overdue privacy reform legislation yesterday, which is intended to work in concert with their Digital Asbestos For All Strategy, and while there are some needed updates within it, there are also some concerning aspects. For example, there will be more powers to demand deletions from online searches (“right to be forgotten” powers), and while they are going to give the federal Privacy Commissioner more powers like he’s been begging for, they are going to restrict him to only public sector complaints and hive off private sector complaints to this new Digital Safety Commissioner. They’ve also decided to jump on the “surveillance pricing” hysteria, which both lets Avi Lewis claim a victory, but they have no details on how this will work, to say nothing of the fact that consumer protection is a provincial responsibility!

I have regularly butted heads with the Privacy Commissioners we've had over the past 20+ years, but sidelining an organization with decades of experience to empower an as yet unconstituted body is frankly shocking. #BillC34

— David TS Fraser (@privacylawyer.ca) 2026-06-15T21:41:45.003Z

It's worth noting that there's nothing new in #BillC36 that has anything to do with "surveillance pricing". The provision that the Minister pointed to in his presser has been in PIPEDA since 2001.

— David TS Fraser (@privacylawyer.ca) 2026-06-15T22:42:03.453Z

The fact that they are taking the new Digital Safety Commissioner that is being created as part of the Online Harms legislation, and loading him or her up with these enormous new powers is concerning, as is the fact that this commissioner will report to government and not to Parliament. I worry about creating a new regulator with so much scope of authority that it will need to build an enormous bureaucracy off the start, meaning it will be slow to start up, slow to react, and eventually start empire-building, particularly given how much online regulation it is being asked to do in addition to privacy work. We will have to see if the government bothers to offer a justification for this model (which they may not!) but I suspect we’ve got a long summer ahead of Evan Solomon exhorting the opposition to pass this while pretending it’s the solution to all of our problems.

A modernized privacy law should be something that gets broad support, but I think the creation of this new super-regulator that reports to the government and not parliament may be this bill's undoing. #BillC36

— David TS Fraser (@privacylawyer.ca) 2026-06-15T23:09:34.362Z

https://bsky.app/profile/joshtabish.bsky.social/post/3moeciabcks2u

My Latest:

  • For National Magazine, I delve into Friday’s Supreme Court of Canada decision on why all future Lieutenant Governors of New Brunswick needs to be bilingual.
  • My weekend column on how the Liberals have shamelessly reversed their policies so many times under Carney that they are virtually just Conservatives now.

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Expecting an online harms disaster

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The federal government will be tabling their online harms legislation today, and it looks like it’s going to include some form of ban on social media for youth under the age of sixteen, which is going to be little more than an invitation to create mass online surveillance, because everyone will need to verify their ages and identities in order to access social media or adjacent sites. Meanwhile, that will do very little to actually deal with the harms, and it’s likely going to be unconstitutional in the first place.

here’s me from earlier on power & politics talking digital safety act (tldr: age appropriate design codes + duty to act responsibly > age bans)

— Supriya Dwivedi (@supriya.bsky.social) 2026-06-10T00:48:36.353Z

As we anticipate a social media ban to be proposed by the Canadian government tomorrow, it's worth noting in the Charter of Rights: "everyone" includes young people and "media of communication" includes social media.

— David TS Fraser (@privacylawyer.ca) 2026-06-09T21:59:05.964Z

This being said, the Liberals are already going past Helen Lovejoy and going directly to “children are dying,” which makes me suspect that they are going to try and use their majority to ram this through, in spite of what are likely to be massive problems with it, and the fact that the problems that they are having with their lawful access bill are likely to be magnified. Any kind of online age verification is bad news no matter how it’s dressed up, and this is going to be no different in the end. I do not have confidence that they will be able to pull this off without a lot of hand-waving and “just trust me,” and “surely these companies can figure out a way to do it” when that way is more mass surveillance and siphoning even more data.

— Effin' Birds (@effinbirds.com) 2026-06-09T19:08:01.734Z

My Latest:

For National Magazine, I recap what Chief Justice Richard Wagner had to say during his annual press conference, particularly on defending judicial independence.

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Political blackmail under the guise of a unity speech

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Pierre Poilievre kicked off his supposed “unity campaign” in Calgary yesterday (as he skipped the installation of the Governor General to do so), and gave a speech which was little more than a remix of the same campaign speech he’s been giving for three years now. And not even a good remix, but a shitty extended dub mix that is mostly just a lot of electronic noise. In it was the usual litany of invented grievances that Albertans have been touting for years—pretending that the federal government is somehow interfering in their jurisdiction, or that Justin Trudeau’s environmental policies were somehow strangling the province’s resource sector and that the global oil price crash of 2014 didn’t happen (just like the oil price crash of 1981 didn’t happen, and all of their woes were the fault of Pierre Trudeau). It’s a tired mythology that is not true, but is so intrinsic to the core of the invented grievances that have dominated Alberta politics for more than four decades.

But what is particularly dangerous about this kind of tactic is that it hijacks a potential national unity crisis for partisan ends. It makes unity conditional on the conservatives, federally or provincially, getting their own way as though there aren’t political considerations in the rest of the country either. As Andrew Coyne puts it, this message posits that the rest of the country needs to “prove” that it’s worth saving, and if that means dismantling what little federalism we have in this country, then so be it. The notion that the only Canada worth having is their narrow vision of the country, which is exclusionary and frankly mean, is not a unity message. It’s little more than the same kind of blackmail that Danielle Smith and Jason Kenney before her were trying to use in leveraging separatist sentiment to hold a knife to their own throats to force concessions from the federal government because they think it worked for Quebec. (It did not, and Quebec’s economy has never actually recovered). It’s fundamentally undemocratic, and shows them to be little more than crybabies who can’t handle the fact that sometimes democracy means you lose at politics.

— Effin' Birds (@effinbirds.com) 2026-06-08T19:08:01.492Z

My Latest:

  • My latest for National Magazine on Friday’s Supreme Court of Canada decision and the warning they gave to judges about how to do a credibility analysis.
  • My weekend column takes note of the way in which Poilievre’s rhetoric tends to catastrophize what is happening, along his tendency to rewrite history.
  • My Loonie Politics Quick Take on that Conservative MP trying to refuse his raise, and why that kind of populism is poisonous to democracy.

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Ceding the recession narrative

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The is-it-or-isn’t-it recession talk continued apace over the weekend and on Monday, as Pierre Poilievre demanded an emergency debate on it (which the Speaker denied), while more economists continued to line up on the side of “it’s not a recession.” Even the senior deputy governor of the Bank of Canada appeared at committee and warned them not to take a single point of data when the economic indicators as a whole remain mixed.

Ignore all of those other economists, including the Senior Deputy Governor of the Bank of Canada. Andrew Scheer, who couldn't even complete his insurance certification, is going to school you on the recession.

— Dale Smith (@journodale.bsky.social) 2026-06-02T01:36:43.140Z

This being said, prime minister Mark Carney has been wholly silent on it since the data were released on Friday morning. He made two separate media appearances yesterday but took no questions at either one, and he has avoided Question Period yesterday and he’s avoiding it today, and it really starts to look like he’s ceding the ground to Poilievre, who keeps bellowing his ridiculous narratives while Carney, who is supposed to have the economic gravitas as a former central bank governor, remains absent. And there are important things we should probably be talking about with this data, such as the fact that in periods of slow growth, these indicators dipping below zero are less important than the overall picture, and that overreacting and panicking can lead to greater problems or damage in the longer term. But we’re not having this conversation because, again, Carney is ceding the field, and given that Poilievre seems to enjoy this unearned economic credibility, it’s frankly arrogant to think that his bogus narratives can’t gain traction because they absolutely can, and that will spell trouble overall.

My Latest:

  • For National Magazine, my dive into Friday’s pair of Supreme Court of Canada decisions on the exceptions for the Jordan timelines on trial lengths.
  • My weekend column points to things that Steven Guilbeault’s departure has highlighted as just how much this government is backsliding on its climate goals.

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The “dangerous bluff” of a referendum

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Prime minister Mark Carney made a housing announcement yesterday morning, when he was inevitably asked about the proposed Alberta referendum. Carney invoked his time in the UK and the experience with Brexit, that for people who think that this kind of referendum is just a way to send a message and that there are no consequences are playing a “dangerous bluff” that will have consequences. And yes, he would know, because he watched it happen and lived with the fallout. But will this actually help? Hard to say, but Conservatives have already been seeding the narrative that Carney created a lot of the post-Brexit economic damage with claims that he was “printing money” and fuelling inflation and so on, so the very people who need to hear the message have already been primed to ignore it. So that’s helpful.

Carney was also asked about the fourteen members of his caucus that sent him a letter about his environmental backsliding, and to this, Carney basically swatted the question away saying he has 160 other members of caucus who are just fine with his moves. This, however, starts to sound a wee bit arrogant for a party leader who has been patting himself on the back for listening to his caucus more than his predecessor did. You can pretty much guarantee that it’s not just these fourteen, but there are plenty more members of caucus who aren’t quite as willing to stick their necks out just yet but are similarly unhappy. They also learned a lot of lessons about pushing back against a leader when they started organising against Justin Trudeau in caucus, so the lessons are fresh, and Carney should remember that. As well, he’s betrayed the “Value(s)” he campaigned on and wrote a book about, so he’s already on thin ice with his voters on this issue. He may want to show a bit more contrition than this particular combative stance.

— Effin' Birds (@effinbirds.com) 2026-05-25T13:08:03.361Z

My Latest:

  • My weekend column on Danielle Smith’s referendum, and why this is the culmination of decades of populism rotting the politics of the province.
  • My Loonie Politics Quick Take talks about the glut of senate bills hitting the Commons, and why MPs who complain about it have only themselves to blame.
  • For National Magazine, I looked at the appointment of the new advisory body for the next Supreme Court of Canada justice.

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