Tag Archives: Supreme Court

QP: Torquing the Supreme Court’s rulings

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While the PM was in town and had a press conference scheduled for shortly after QP, he was absent from the Chamber, as were all other leaders, though the deputy PM was present, for what it’s worth. Luc Berthold led off, and he gave a misleading statement about what the Supreme Court of Canada ruled on Friday, and demanded that the government do something about this. David Lametti said that the fact they are eligible for parole does not mean they will get it, and the parole board will determine if the Quebec City mosque shooter will get it…in 25 years. Berthold then pivoted to affordability, and mischaracterised the effect of the carbon price, ignoring the rebates, to which Chrystia Freeland recited that inflation is global, but that they were taking action such as dental care, a one-time housing benefit and tax credits. Berthold accused the government of lacking compassion, to which Freeland listed measures to help the vulnerable. Dan Albas took over in English to demand price controls on gas, and Freeland listed benefits that are indexed to inflation. Albas railed about prices rising, and Freeland repeated her list of indexed benefits.

Alain Therrien led for the Bloc, and he railed that the federal government would challenge Law 21 at the Supreme Court, insisting this was a matter of democracy (ignoring that liberal democracies protect the rights of minorities). David Lametti lamented the pre-emptive use of the Notwithstanding Clause, and said the government has concerns about provisions in the law. Therrien accused the government of trying to pick a fight with Quebec, roping Law 96 into the conversion, and Lametti reminded him that he too is a Quebecker and that plenty of people have concerns about this law.

Peter Julian rose for the NDP, and in French, lamented that the Deschamps report gathered dust and wanted the Arbour report to be implemented. Anita Anand read a script about accepting the Arbour Report, and having a conversation with the prime minster about it, and that they agree with the significant issues identified in it. Lindsay Mathyssen repeated the question in English, and Anand read the English version of the same script.

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Roundup: Deficit is coming in lower than expected

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It is on or about day ninety-four of Russia’s invasion of Ukraine, and Russian forces are claiming that they have captured a rail hub in Donestk, while they continue to pound Severodonetsk, with some 90 percent of the city’s buildings damaged. Ukrainians are calling for Western allies to deliver weapons faster, though there is talk that it looks like this aggressive push by Russia has depleted their arsenal.

The invasion is also not accidental in terms of location or timing—the eastern part of the country are a trove of natural gas and critical minerals, and when Russia invaded, it cut off Ukraine’s exploration of natural gas reserves in the Black Sea, which could have been used to help wean Europe off of Russian oil and gas. Because aren’t all wars really about resources?

Closer to home, the Fiscal Monitor was released, and the deficit figure is coming in much lower than anticipated, because in large part the economy is overheated which is generating a lot of revenue (and inflation does help in terms of collecting higher taxes on higher prices). But as Kevin Milligan points out, this means that the obsession by the Conservatives with the deficit is becoming really misplaced—the massive spending in 2020 to get us through the pandemic is behind us, and we’re not in that situation anymore. Not that facts matter—this is really an exercise in people’s feelings about the deficit, and the perceptions that are not grounded in facts.

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Roundup: Cancelled committees because of the human toll of hybrid sittings

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It is now approximately day ninety-three of Russia’s invasion of Ukraine, and Russian forces have shelled more than 40 towns and villages in the Donbas region, while they try to encircle Severodonetsk and Lysychansk. It also sounds like Russia has lifted the age restriction for voluntary military service, which gives you a hint that they need more troops because the invasion has not gone well for them. President Volodymyr Zelenskyy is asking Western allies for rocket systems to repel Russian forces from the Donbas, before the cities and towns in the area become “uninhabited.”

Closer to home, it looks like the realities of the finite resource of Parliament are finally starting to hit for MPs and senators, and more and more committee meetings are being cancelled as there simply aren’t enough interpreters to go around, exacerbated by late-night sittings, and more than anything, the fact that they keep finding excuses to extend hybrid sittings no matter that they know full well that the use of Zoom is causing injuries to the interpreters, and most of them know that they can’t simply hire more as there are no more to hire. They literally cannot graduate enough to replace the ones who are retiring or whose injuries are forcing them from the workplace (especially as they risk permanent hearing loss). And MPs simply don’t care. Worse, they passed a motion last week to create yet another special committee, as if they had the resources to do so. Because they don’t care. It’s all about show, whether that’s the Liberals and NDP patting themselves on the back for being “good examples” of working from home, or the Conservatives’ constant filibustering and wasting of time that drags out proceedings, which taxes the interpreters even further (and isn’t helped by the fact that they refuse to wear masks in the Chamber).

I’ve stated this before, and I’ll keep saying this—it is morally reprehensible for MPs and senators to keep demanding hybrid sittings when they know the human cost it takes on the interpreters. They could easily organize themselves in safer ways to have in-person meetings, which won’t strain the interpreters, and that they could have something that resembles normal operations as a result, but they refuse, because too many of them have grown to like the hybrid sittings, so that they don’t have to travel. Who cares if a human being is suffering injuries and facing the possibility of permanent hearing loss? That MP doesn’t have to travel, so that’s what counts. It’s absolutely unconscionable, and they should be shamed for it.

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Roundup: The painful French debate

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It is now on or about day ninety-two of Russia’s invasion of Ukraine, and the twin cities of Severodonetsk and Lysychansk are becoming pivotal battlefields that Russian forces are trying to encircle. Russian missiles also struck the city of Pokrovsk, as part of the offensive in the Donbas region. Russia, meanwhile, is trying to accelerate their granting citizenship to people in captured areas, in order to somehow legitimise their occupation of the territories. Russia also has allegedly offered to open up Black Sea access so that Ukrainian grain can flow to the world market and avoid a food crisis—but only if the West lifts sanctions on Russia. So weaponizing food security is not above Putin’s regime.

Meanwhile, Swedish and Finnish diplomats are in Ankara, Turkey, to discuss NATO membership, and to assuage Turkey’s concerns about their perceived support for Kurdish groups that Turkey considers to be terrorists. Sweden has denied providing financial or military support for these groups.

Closer to home, it was the French debate in the Conservative leadership race last night, and it was…challenging to watch. Most of the French was not good, and they largely read prepared statements with halting and rehearsed attack lines against one another, which was not cute. Most of the night was spent with Pierre Poilievre, Patrick Brown, and Jean Charest going at one another, while Scott Aitchison, whose French was better than he let on, stayed out of the fray, and Roman Baber and Leslyn Lewis struggled to be even coherent (not that Baber is coherent at the best of times in English, considering that he’s an utter moron). The topic of inflation was painful because they kept insisting on policies that would fuel inflation and denouncing policies that would tame it, because of course they would, and there was an attempt to corner Poilievre on Law 21 and religious symbols, as he has been saying different things in English and French. As expected, Charest mopped the floor with his competitor on French ability alone, but his closing remarks, exhorting party members to reject Americanised politics, may simply go over like a lead balloon in a party base who thinks that Poilievre is their guy because he’s pugilistic and wants to fight like this was American talk radio. None of it leaves much room for optimism as to the direction of the party.

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Roundup: Pandering to a false narrative, Quebec edition

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It is now on or about day ninety of Russia’s invasion of Ukraine, and we have the first war crimes conviction, as the tank commander who pleaded guilty last week to killing civilians has been handed a life sentence. President Volodymyr Zelenskyy says that Russia is waging “total war” intended to inflict as many casualties as possible, and destroy as much infrastructure as they can. Zelenskyy also addressed a gathering of the World Economic Forum in Davos, and he told assembled global and economic leaders there to apply “maximum sanctions” to Russia.

Meanwhile, Belarusians are joining the fight on Ukraine’s side, hoping that it will eventually help topple the regime in their own country. As well, the dreaded Russian hackers have not proven effective in the Ukraine invasion, and have themselves been the successful target of government cyber-operations and hactivists, so perhaps their reputation is not as deserved as it has been.

Closer to home, Quebec is close to passing Bill 96, which expands its language laws to almost absurd levels, including forbidding the use of English in nearly all circumstances, and there are concerns that the bill allows for warrantless searches in order to enforce it. (There CBC had an explainer here,  but beware the both-sidesing).This is all predicated on the notion that French is “declining” in Quebec—erm, except it’s not. Census data shows that, and the only decline was where French was the “mother tongue,” meaning that its decline may be because of immigration, most of whom learn French is fairly short order (though this is one area where Bill 96 is again overreaching—and they wonder why they have a labour shortage). Unfortunately, every federal party including the Liberals have bought into this narrative, and are not challenging it very hard. Some Liberal MPs have been to protests in opposition to the bill, which the Bloc freaked out about in Question Period last week, to some minor pushback from the Liberal Quebec lieutenant, but it’s not a good sign when any party refuses to call out a blatantly false narrative because they are afraid it will lose them needed votes. Such courage!

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Roundup: Extremism on our own doorstep

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It is on or about day eighty-three of Russia’s invasion of Ukraine, and though the Ukrainian forces have pushed some Russian troops back to the Russian border near Kharkiv, it appears that they have given up the fight for Mariupol, and that Russian troops in the steel plant are being evacuated. We’ll see how much of this is confirmed in the next few days. Meanwhile, here is a look at the aftermath of the fighting in villages surrounding Kharkiv as people start to see what is left.

Elsewhere, Putin gave a calm response to Finland and Sweden’s decision to apply for NATO membership, saying that there is no threat to Russia if these states join. So that’s…interesting. Finnish and Swedish troops will be taking part in a NATO military training exercise in Estonia (which has apparently been in the works for years).

Closer to home, there has been a lot of handwringing about the mass shooting in Buffalo, and the role that white supremacy and violent extremism play here in Canada, and the conspiracy theory of “white replacement theory” playing its own role in our politics (Hello, Andrew Scheer!). This also led to more sniping between Conservative leadership candidates, with particular focus on Pierre Poilievre, who has aligned himself with some of these characters in his support for the occupation in Ottawa. With that in mind, here is a thread full of receipts from Stephanie Carvin, selectively quoted below so click through to read the whole thing (and bonus threads here from Jessica Davis, and here from Amarnath Amarasingam that are also worth considering).

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QP: Gathering outrage clips about gas prices

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The prime minister was away in meetings, but his deputy was present, so that was something, though no other leader was present either. Luc Berthold led off in French, and he proclaimed that masks came off in Quebec, but pivoted this toward a question on gas prices and inflation, demanding a break be given to people. Chrystia Freeland recited that they sympathised with the families, which was why they had measures in the budget like dental care. Berthold railed that the Liberals liked high prices, and invited Freeland to join him at a gas station. Freeland reminded him that Canadians are smart and know this is a global issue, caused by Putin’s war in Ukraine. Berthold then raised Friday’s Supreme Court of Canada ruling and the invitation to bring forward new legislation around extreme intoxication. David Lametti got up to read that they are closely studying the ruling, and specified that Friday’s ruling does not apply to most cases where intoxication is a factor. Karen Vecchio took over in English and read a hugely torqued reading of the decision and demanded action, and Lametti read the English version of the same response. Vecchio carried on building a moral panic around the ruling, and Lametti reiterated that the ruling came out on Friday, so they wanted to examine their options.

Alain Therrien led for the Bloc, and he complained that a number of Liberal MPs attended a protest in Quebec against the province’s proposed (draconian) language laws, to which Pablo Rodriguez said that Liberal MPs were not handcuffed, and the government had their own official languages legislation. Therrien was outraged by this, and Rodriguez continued to needle him that Liberal MPs were no less Quebeckers than Bloc MPs. 

Peter Julian rose for the NDP, and in French, he railed that gas prices were increasing while the government subsidised the fossil fuel sector, hitting Canadians twice. Freeland replied that they were phasing out those subsidies, and carbon capture was part of the way forward. Rachel Blaney appeared by video to repeat the question in English, and Freeland reiterated her points, with some added emphasis on the efficacy of carbon prices.

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Roundup: The usual rote nonsense ahead of a royal tour

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It is now approximately day eighty-two of Russia’s invasion of Ukraine, and British intelligence is suggesting that Russia has lost up to a third of its forces in the Donbas region, and is significantly behind its schedule for the invasion of the region. There was also chatter over social media over the weekend that Ukrainian forces have pushed Russians far enough away from Kharkiv that the city is largely out of danger, so we’ll see if that holds. As well, Ukraine won Eurovision over the weekend, so that is also a bit of a nice morale boost for the country.

Meanwhile, Finland and Sweden are moving ever closer to officially applying for NATO membership, and Finland’s president has gone so far as to tell Vladimir Putin directly that they are apply, but that they would continue to engage on issues in a bilateral manner. There remains the complication of Turkey, who has become more clear in the demands they have before they would be willing to admit these new members, particularly around groups that these governments have supported which the Turkish government opposes.

Closer to home, it’s royal tour week, as Charles and Camilla arrive tomorrow, and once again, we get the usual rote nonsense from news outlets courting republicans to give the tired lines about “scepticism” of the monarchy, without noting that it’s going to be nigh impossible to remove them because a) it requires unanimous consent on the constitution from provinces, and b) there is zero consensus on what would replace them, and even if they did, that would be the conclusion of the colonial project around Indigenous peoples in this country, given that their treaties are with the Crown. And yes, that very much means something. There are of course a few special cases who think we should replace the current royal family with someone Canadian, but I am a bit dubious on that for the same reason as there being no consensus on who that might be, because for better or worse, the status quo has a thousand years of history behind them, which is pretty important in the grand scheme of things. Love or loathe the family themselves, the system works better than any of the alternatives, and we shouldn’t dismiss that out of hand.

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Roundup: No, the Supreme Court did not allow an extreme intoxication defence

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We are now on or about day eighty of Russia’s invasion of Ukraine, and it looks like Russian forces took heavy losses to the tune of as many as 73 tanks in a two-day battle that saw them destroyed in a failed river crossing. So that’s something. Meanwhile, a twenty-one-year-old Russian soldier is now on trial for war crimes for killing civilians. It also looks like some six million Ukrainians are now displaced out of the country by this point, most of them in neighbouring countries, and that situation is starting to take its toll.

As for the potential expansion of NATO with Finland and Sweden about to make their applications, Turkish president Recep Tayyip Erdogan says he is not favourable to those countries joining—and applications must be approved unanimously by member countries. This may be a ploy to extract concessions by Sweden in particular, as it relates to Turkey’s domestic political interests.

Closer to home, you will have no doubt seen a bunch of headlines saying that the Supreme Court of Canada has ruled that “extreme intoxication is a valid defence in murders and sexual assaults.” That is not true, and is extremely misleading. The court in fact stated that extreme intoxication is not a defence that can be relied upon. What they did state was that the section in the Criminal Code that said that a state of automatism brought about by intoxication was not a defence was in fact unconstitutional, because it removed the principle around needing criminal intent. (There was a second, related decision that ruled on a few other related issues). There is a difference between extreme intoxication and a state of automatism, and it should behove news outlets to make a proper differentiation so that they’re not spreading misinformation—which they essentially are with these headlines designed to induce a moral panic. So please disregard them, because it is explicitly not what the court ruled. (I will have a piece delving deeper into its issues out in a day or two).

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Roundup: Sanctions take time to really bite

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It’s now around day forty-nine of Russia’s invasion of Ukraine, and it’s carrying on as Putin insists that they will continue until they meet their goals. This as there are unconfirmed reports that chemical weapons were used in an attack in Mariupol, while Russian spokespeople from Donbas were discussing the possibility. That could lead to another escalation in sanctions, and talk of “red lines,” though that didn’t seem to do much good when it happened in Syria. The mayor of Mariupol says that more than 10,000 civilians have been killed as the strategic port city continues being flattened by Russian forces. Ukrainian government officials also say that they have thwarted an attempt by Russian hackers to knock out power to parts of the country, and it’s worth noting that Canada has been providing cyber-security assistance to Ukraine.

On the subject of sanctions, there are lots of questions circulating about how effective they really are if the invasion continues, and it’s one of those things for which it’s not an easy answer. Yes, they’re hurting Russia, but Putin and his inner circle seem fairly insulated from some of the worst of it, in part because they managed to stop the ruble from collapsing entirely. That makes it even more imperative to provide military support to Ukraine so that they can defeat Russia on the battlefield, which will hurt Putin more. This doesn’t mean that we shouldn’t carry on with sanctions, because we should, but they’re at the point where they are hurting us as well, and we had Conservatives demanding exemptions for farmers last week who bought fertilizer from Russia before the conflict began and now don’t want to pay the tariffs associated. But for sanctions to be effective, they will hurt us as well, and people seem to forget that.

As well, this conflict is now going to have an effect on inflation globally, because of the effect of diverting from Russian oil and gas, and from the effect this war has on Ukraine’s ability to produce and export food, as the breadbasket of Europe. Of course, it’s going to continue to be blamed on government spending (never mind that it actually isn’t, and this is a global problem), and the Bank of Canada is going to hike rates this week if only because they need to be seen to be doing something about the problem even if it won’t actually address the root causes of these price increases. Things are messy, and it’s going to take time for everything to work itself out, but what will really help is for Russia to get out of Ukraine.

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