Tag Archives: Supreme Court

Roundup: Pipeline necromancy in the discussions

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With the prime minister back in Canada, a couple of additional things were made known about the meeting with Trump, and one of them was the fact that the “energy” portion of their conversation involved Mark Carney floating the possibility of reviving the Keystone XL pipeline. For those of you unaware, this is entirely an American decision—all of the infrastructure on the Canadian side of the border is pretty much in place, and this project was never in contention. The Trudeau government supported it, but the resistance was on the American side of the border, not only from environmental concerns, but also because there were conspiracy theories developing in places like Nebraska that this was a secret ploy to drain their aquifers. No, seriously. Nevertheless, this is something that the proponent abandoned after Biden rescinded the permits (even though part of the network was built and renamed), so it would need someone to pick it up again.

Meanwhile, US commerce secretary Howard Lutnick spoke virtually at a Eurasia Group event in Toronto, and said that there will be no tariff-free auto deal with Canada, that the most we can hope for is a relationship around auto parts, and that Canada needs to get used to coming in second place to the US. Lutnick also expressed a desire to replace the New NAFTA with bilateral deals rather than a trilateral agreement with Mexico. When Carney later addressed the same event virtually, he said that the government will come to some bilateral agreements with the US, and spoke of “granular discussions” around steel and aluminium tariffs, but didn’t address these comments, just as he didn’t address the reports of Lutnick’s remarks during QP.

It’s hard to know what to make of any of this. After insisting that there was a “rupture” in our trade relationship, this is yet one more proposal to deepen integration and reliance on the American market…but it’s also probably the most viable pipeline for Alberta (though there are proposals to optimise the capacity of the Trans Mountain Expansion that would increase its maximum capacity for west coast exports—not that it’s anywhere near capacity at the moment). On the other hand, if they want to pay for our oil, and also pay their own tariffs to do so, then why not take their money? None of this is going to stop Danielle Smith or the Conservatives from demanding that Carney rip up all of the government’s environmental legislation so that they can crank up production with no consequences (even though there are absolutely environmental consequences that are getting more and more expensive each year), and this isn’t going to create that many jobs in the sector, even if production is increased, given that they are increasingly relying on automation and have been since the last price crash in 2014. But everything is stupid all the time, so this is no exception.

effinbirds.com/post/7804636…

— Effin' Birds (@effinbirds.com) 2025-10-08T13:25:07.008Z

Ukraine Dispatch

President Zelenskyy says that Ukrainian forces are inflicting heavy losses on the Russians in a counter-offensive in the Donetsk region.

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QP: A trillion-dollar falsehood

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The PM was back from his trip to Washington, and every leader was present and ready to grill him on it, and the nothing he came back with. Pierre Poilievre led off in French, and he decried Mark Carney as a weak leader, and then falsely claimed that Carney promised one trillion dollars in investment if he gets the deal he wants, and that this money would flee Canada. The Liberals gave Carney an ovation as he stood to speak, childishly, and he said that this was an economic lesson for the opposition, saying that the two economies are closely linked, and that this is what is at stake for the U.S. if they don’t get a deal. Poilievre railed that Carney was giving the Americans a $54 billion gift, and complained about softwood lumber tariffs. Carney said that we currently have the best deal of any country and that they are still working on other gains. Poilievre switched to English to complain about the investment question and demanded action on the auto tariffs, and Carney reiterated that we already have the best deal, and that they are working on other sectors including getting a new auto agreement. Poilievre accused the government of selling out the auto sector as job losses mount, and said the government betrayed them. Carney patted himself on the back and said that they have taken measures to assist the sector. Poilievre said that Carney has had his elbows “surgically removed” and listed the lost investment and jobs, and Carney said there were three things that were true—the relationship with the Americans is not the same as it was, that we have the best deal of anyone, and that he would get an even better deal. Poilievre kept hammering away at lost jobs and investments, repeated the falsehood about the trillion dollars. Carney looked exasperated as he said that there is something called the private sector, and the rest of his response was drowned out.

Yves-François Blanchet led for the Bloc, and he mocked Carney for only getting nice words and being contented with not calling on his face. Carney said he was happy that the President had a meeting of the minds for a deal about the steel, aluminium and energy sectors. Blanchet again demanded more action, and Carney repeated that we have the best deal available but that they are working to get more. Blanchet said that the best deal is not working for the forestry or aluminium sectors, and before he raised the fable of the fox and the crow, and the problem with flattery. Carney insisted that their team is hard at work negotiating on behalf of the aluminium sector.

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Roundup: Empty-handed at the White House

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After all of the build-up, the managed expectations, and all of the blustery accusations in Ottawa that prime minister Mark Carney is an inept negotiator, he came away from his “working lunch” at the White House with pretty much nothing. Carney gave Trump his usual quasi-flattering/quasi-shady “transformational president” line (because once Carney has a line he likes, he sticks with it), and he laughed off another annexation “joke” from Trump, and Trump rambled some nonsense about competing in the same ecosystem for cars, but that was about it.

Carney later on had dinner with couch-fucker vice president JD Vance, while Dominic LeBlanc was sent out to deal with the press, and said pretty much nothing other than the fact that they’re going to negotiate further and hoping for some “quick deals” on a few specific issues, which we’ve heard so many times now, and capitulated on so many particular issues that it just feels all the more meaningless. And it is meaningless, because everyone knows that there is no deal to be had because Trump will not live up to any “agreement” he signs. So naturally, the auto sector is concerned that they’re going to be thrown under the bus because Trump refuses to give up the notion that Canada stole auto production from the US, in spite of facts and evidence to the contrary. Nevertheless, we’re in for another round of QP where the Conservatives denounce Carney as the incompetent negotiator when Trump is not a rational actor who can be negotiated with, because why unite against a common enemy when you could be scoring Internet points?

There wasn’t much in the way of pundit reaction so far, but Shannon Proudfoot points out that Keir Starmer figured out the key to flattering Trump before everyone else did, and how it reflected in Carney’s meeting. Althia Raj correctly calls this a cringe-worthy performance on both sides, which accomplished nothing.

— Effin' Birds (@effinbirds.com) 2025-10-07T14:08:04.476Z

Ukraine Dispatch

Putin claims that Russia has seized 5000 square kilometres of Ukrainian territory this year, and that they retain the strategic initiative; Ukraine says they have failed to seize any major settlements and that their initiative is stalled.

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Roundup: Managing the expectations from Washington

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Monday was a weird day of expectations management as prime minister Mark Carney headed to Washington for a “working lunch” with Trump to happen today. There were murmurs from Senior Government Sources™ that there could be some kind of relief for some—but not all—of the steel and aluminium tariffs, but those were heavily caveated and is not going to be any kind of comprehensive tariff deal, because Trump loves his tariffs. (And there is no deal to be had). Oh, and while all of this expectations management was going on, Trump declared new 25 percent tariffs on medium and heavy-duty trucks. Because of course.

Amidst this, Pierre Poilievre released a peevish open-letter to Carney that demanded “no more losing” when it comes to dealing with Trump, and a list of things he wants “wins” on, whether it’s tariffs or softwood lumber, or what have you. Because remember, under this framing, Trump is the rational actor and Carney is the one who is the inept negotiator who simply can’t get anything done. Reality of course, is entirely the opposite, that you can’t really negotiate with Trump because he has no logical basis or consistency for his “deals,” and anything he agrees to isn’t worth the paper its written on (if it’s even written down, as some “deals” were nothing more than blank pages with a signature on it).

To that end, Andrew Scheer went on Power & Politics looking to pick a fight with David Cochrane about this, and when Cochrane pointed out that yes indeed, Trump’s tariffs are both affecting our economy and we still do have the best deal of anyone with Trump, that Scheer twisted this into “agreeing” that Carney’s ineptitude has cratered the economy and soured any deal with Trump, because Scheer is a liar and a braying doofus. But this is what everyone has to deal with when it comes to the level of rhetoric and sheer sophistry coming from the Conservatives these days, which is not exactly conducive to informed debate.

— Effin' Birds (@effinbirds.com) 2025-10-06T22:08:02.378Z

Ukraine Dispatch

Ukraine’s forces say that Russian sabotage groups are active in the city of Pokrovsk, which Russians have been trying to capture for months. Ukraine’s long-range drones have struck a Russian ammunition plant, a key oil terminal, and an important weapons depot.

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QP: Harvesting food insecurity clips

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The PM was freshly back from his trip to the UN General Assembly, and was stopping into the House of Commons before meeting with the President of Indonesia, who was dropping by Parliament for a visit. Pierre Poilievre led off in French, and he accused the government of taking money away from border officers and police for the gun buyback, and then switched to English halfway through to call for the public safety minster to be fired. Mark Carney said that they were going to do a voluntary buyback the right way. Poilievre repeated the accusation of “ripping money away” in English, and railed about hunting rifles. Carney said that he didn’t know where to begin that intervention, that Poilievre voted against gun control, and that the government was doing things the right way. Poilievre said that he voted against soft on crime policies, complained about the “broken border,” and implored the government to “leave Grandpa Joe’s hunting rifle alone.” Carney said that he doesn’t know any hunters who use AR-15s, and that the government was strengthening the border. Poilievre listed guns used by farmers to kill gophers being banned, and implored Carney to read his briefing books. Carney insisted that they providing fair compensation for illegal weapons, and that they were tightening the border. Poilievre again listed guns that are being banned, and accused the government of harassing farmer and duck hunters while gun crime rages in the streets. Carney said the RCMP gets this, and that they want these guns off the streets. Poilievre moved onto food prices, and declared Carney to have been a failure. Carney patted himself on the back for cutting taxes and cutting the carbon levy. 

Yves-François Blanchet led for the NDP, and he calmly spouted absolute rot about the factum before the Supreme Court on the Quebec “secularism” law challenge. Carney cited that the Charter protects everyone, and it was the government’s responsibility to defend it. Blanchet declared that Liberal applause was an insult to Quebeckers, and Carney again praised the Charter and that it was the government’s job to defend it. Blanchet insisted that the constitution was “imposed” on Quebec (not true) and demanded that Carney withdraw the factum and apologise to Quebeckers. Carney declared that the government would not backtrack on this.

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QP: Gun buyback questions, rinse and repeat

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The PM was still in New York at the UN, with a long schedule of meetings, while back home, the Bloc had their Supply Day motion about the federal government’s factum at the Supreme Court of Canada on the Law 21 case under debate. Pierre Poilievre led off in French, and he offered theatrical disbelief that the government was moving ahead with the gun buyback in spite of the minister’s private comments on tape, and demanded the government sack the minister. Gary Anandasangaree praised the pilot project moving ahead in Cape Breton in English. Poilievre, still in French, was incredulous that they were still moving ahead and listed a litany of sins from the minister, real or imagined, and Anandasangaree said that public safety is not a binary, that people can turn over their guns while the governor moves ahead with “smart” criminal justice reform. Poilievre switched to English to repeat his first question, and Anandasangaree was incredulous in turn that “Grandpa Joe” is using an AR-15 for hunting. Poilievre ratcheted up his histrionics about the government going after the wrong guns. Sean Fraser took this one and pointed up out that when Poilievre was in government, they cut CBSA and made it easier for guns to cross the border. Poilievre took some swipes at Fraser and said the government was doing nothing about hiring more RCMP and CBSA, and Fraser pointed out that it was an election promise that people voted on. Poilievre held up a document saying the department was “breaking their own promise” on the hiring—and got chided for using a prop—and Anandasangaree said that he didn’t understand the hiring process, before saying that Poilievre should get his security clearance. 

Christine Normandin led for the Bloc, and decried that federal factum at the SCC, and made a bunch of ludicrous claims about it. Fraser said they have had the same stance for decades, that the government weighs in when an issue is at the SCC. Normandin kept up with her denunciation of this factum, and Steven Guilbeault responded that she was the one laying it on thick, as courts cannot change the constitution. Mario Simard took over, and invited the government to reopen the constitution, to which Fraser said they are not looking to change the constitution, merely for the Court to clarify it.

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QP: Two ministers under fire

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The PM was away on this grey and rainy Monday, off to the UN General Assembly in New York, while that meant other leaders felt they could get away with not showing up. Pierre Poilievre, however, was present, and led off in French, and he raised the story of the secretly recorded call with Gary Anandasangaree about the gun buyback. Anandasangaree said that his comments were “misguided.” Poilievre repeated the question in English, and this time, Anandasangaree talked about Canadians demanding gun control after mass shooting. Poilievre repeated phrases from the recording, and again thundered about playing politics with guns. Anandasangaree repeated his same points about the mass shootings. Poilievre said Liberals only tell the truth when they think nobody is listening, and Anandasangaree said it was a good thing it was on tape, and accused Poilievre of playing politics. Poilievre decried the entire gun buyback scheme, and this time Sean Fraser railed about Poilievre’s record in opposing gun control. Poilievre demanded the government pass their “three strikes” law instead, and Fraser pointed out their tabling the hate crimes legislation and said that more legislation is on the way.

Christine Normandin led for the Bloc, and suggested the government was engaging in conspiracy theories with their factum to the Supreme Court. Fraser said they were working toward the national interest in protecting the constitution, and that the Supreme Court was the right forum to debate these issues. Normandin said that this should be litigated in Parliament, and Steven Guilbeault said that her assertions were misinformed, and that their factum doesn’t put forward that provinces can’t use the Notwithstanding Clause. Rhéal Fortin gave his own jab at the factum, which was similarly devoid of facts, and Guilbeault pointed to his own pride in being a Quebecker before pointing to the government’s record on supporting Quebec.

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Roundup: New hate crime legislation tabled

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The government tabled new hate crime legislation yesterday, and while I’m not going to delve too deeply into it here because I’m writing something more substantial about it for another outlet, I wanted to make a couple of observations, starting with the complaints of every reporter in the room during the press conference, which was that they didn’t have copies available at the time, nor did they have press releases available, so everyone was essentially flying blind. Part of this is a function of parliamentary privilege—no one can see the bill until it has been tabled in the House of Commons (or it violates the privileges of MPs), and upon first reading it can be ordered printed, which is why there is a delay on seeing the bill. This isn’t the first time it’s happened, and you would think that some of the more senior reporters would know this, but of course not. It was also the fact that they had the press release immediately after it was tabled, but that was in part a function of the clock (the minister had a flight to catch). But the inability to at least furnish press releases was a legitimate complaint, and the minister’s staff (or the department) should have known better.

This being said, much is being made about the fact that certain symbols are being criminalized if used in the context of promoting hate, and some of the reporters in the room just could not wrap their heads around that context. “But what if someone is wearing a t-shirt?” “What if they have Nazi memorabilia in their house?” The minister was not going to engage in hypotheticals, but the fact that there is context to these offences was a little too abstract.

Some of the reactions were expected, such as the concerns that this is going to impact legitimate protest even though the government has tried to make a clear delineation in the language of the bill that intention to intimidate because of hate is the target, and yes, there are specific legal tests about this. Of course, one of the biggest problems is that we already have laws for most of these offences, but police simply don’t enforce them, and that could be the case after this bill passes as well. Or it could wind up that this bill provides more clarity for police and prosecutors than the existing jurisprudence, but that remains to be seen.

Ukraine Dispatch

Russia claims it has taken control over two more village in Donetsk region, while president Zelenskyy says that Ukrainian forces have inflicted heavy losses on Russians on the frontline counteroffensive near two cities in the same region. Russian jets violated Estonia’s airspace as part of their latest test of NATO resolve.

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Roundup: Danielle Smith’s Notwithstanding hypocrisy

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Danielle Smith is planning to invoke the Notwithstanding Clause to protect her anti-trans legislation before the courts can weigh in, much as what happened in Saskatchewan. If you’ve been following that case, at the first court injunction, Scott Moe hurriedly not only invoked the Notwithstanding Clause, but also enacted legislation to shield his government from lawsuits for any harm that may come to these youths as a result of his policy—because if that’s not telling on himself, I’m not sure what else is.

But it gets better. Danielle Smith is also self-righteously opposing the federal government’s factum to the Supreme Court of Canada on the upcoming challenge to Quebec’s Law 21, saying that provinces have a right to use this clause, but then says she disagrees with Quebec’s use of it, but they should have the right. So, she disagrees with using it to attack religious minorities, but she’s totally justified in using it to attack trans or gender-diverse youth? The absolute hypocritical audacity. She’s also built an entire false discourse that the federal factum is going to cause a national unity or constitutional crisis, which mischaracterises what the federal factums says. The federal government position is that the courts can weigh in on whether the law the Clause is protecting violates rights or not. A declaration of no force or effect. But she doesn’t want them to do that, because they would expose her for attacking the rights of vulnerable youth, and that makes her look bad. The poor dear.

Meanwhile, the meltdowns over the federal factum continue, with the Bloc insisting that this is an attack on Quebec’s ability to legislate for itself (it’s not), and conservatives all over insisting that this is going to tear the country apart, and that the Supreme Court needs to be removed if they impose limits, and so on. Not one of them has read the factum, of course, but they’re treating this like political Armageddon, because that’s never backfired before. I’m not sure the minister is helping by soft-pedalling the message of the federal position, especially since pretty much every media outlet is getting the very basics of this factum wrong. But of course, he would be explaining, and “when you’re explaining, you’re losing,” so they never explain, and things continue to slide downhill at an alarming rate.

Ukraine Dispatch

Fragments of a drone attack over Kyiv have damaged the city’s trolley bus network. President Zelenskyy says that Ukrainian forces are pushing Russians back in a counteroffensive along the eastern front. Ukrainian drones have hit Russia’s Gazprom Neftekhim Salavat oil processing and petrochemical complex, one of the largest in the country. Russia has turned over the bodies of over 1000 Ukrainian soldiers. Ukrainian forces are training their Polish counterparts on more effective ways to counter Russian drones following the incursion.

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QP: Concern trolling about Mexico’s growth rates

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The prime minister was off to Mexico City, and most of the other leaders weren’t present either. Pierre Poilievre was, however, and he led off in English, and compared Mexico’s economic growth compared to Canada’s (as though there were different baselines or circumstances). Mélanie Joly praised Carney’s trip before reminding him that there is a global trade war that is affecting us. Poilievre insisted that we both trade with the U.S., and that they must be doing something right. Joly accused Poilievre of always talking down Canadian workers, and praised yesterday’s interest rate cuts. Poilievre switched to French to say that they support workers, then accused the Liberals of “collapsing” the economy, before repeating his first question about their growth rates. Joly said that Poilievre doesn’t know what he’s talking about, and praised the interest rate cuts as good news, and said that we need to work with trade partners to grow the economy. Poilievre returned to English to accuse Carney of only heading to Mexico for a photo op, and then repeated the line that the economy is “collapsing,” and Joly said that Poilievre believes in isolationism while the government is engaging abroad. Poilievre said that we already have trade agreements and that this trip was just for fake engagement, and said Carney could ask those other counties why they’re doing so much better than we are. Maninder Sidhu patted himself on the back for the trading relationships Canada has. Poilievre said he was taking credit for things he never did while the economy collapses, to which Sidhu said he wouldn’t go to personal attacks, before reading off some trade statistics with Mexico.

Christine Normandin led for the Bloc, and she accused the government of attacking the ability of Quebec to pass their own laws with their factum to the Supreme Court of Canada in an upcoming hearing. Steven Guilbeault says that the government has a duty to protect the Charter. Normandin repeated the accusation, which was wholly specious in its arguments, and again Guilbeault said that they are not preventing any province from invoked the Clause, and he could organise a presentation through the department of Justice. Rhéal Fortin returned to his same questions as earlier in the week, attacking a judicial appointment on false grounds. Patricia Lattanzio read a statement about the independence of the judiciary.

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