Roundup: Asking for declaratory powers, not limits

There is a bunch of confusion and/or bad faith arguing going on around just what the federal government said in their factum to the upcoming Supreme Court of Canada hearing on the challenge of Quebec’s Law 21, which they claim is “state secularism” but is really just wholesale discrimination and racism. The reporting hasn’t been great—in fact, the National Post’s is downright misleading—because they keep describing this like it’s a reference question to the Court, which it isn’t, but rather, the argument that they’re putting forward during the existing challenge, and something that they feel the Court should address (which is how factums tend to work).

What their argument consists of is that the Court should be able to declare when a law that is protected by the Notwithstanding Clause is actually unconstitutional. They can’t strike it down, but they can weigh in and say “Yeah, this contravenes Charter rights.” They also want the Courts to be able to do this when something has been ongoing in its use of the Clause (which only lasts for five years before it needs to be renewed in legislation), and to rule on whether it may result in the “irreparable impairment” of rights, because they argue that repeated use of the Clause amounts to “indirectly amending the Constitution.” This is also not coming out of nowhere—the Saskatchewan Court of Appeal just recently ruled that they have this right when it comes to the challenge around the province’s attack on trans youth, saying that invoking the Clause should not be the last word.

Why is this important? Because the point of the five-year time-limit on the Clause is that it allows that government to be voted out before it can be renewed. Having the courts weigh in and say “Yeah, this is discrimination,” even if they can’t strike down the law, is powerful information for voters to have. And it’s absolutely democratic. But you have conservative thinkers who are trying to say that this will cause a “constitutional crisis,” or a national unity crisis if it offends Quebec or Alberta, is frankly absurd. It’s trying to give cover for attacks on minority rights and abuse of the Clause, and they should be honest about those intentions rather than trying to sow confusion and undermining the Court.

Ukraine Dispatch

An overnight Russian attack on the Kirovohrad region has partially cut power and disrupted railway operations. A top Russian commander claims they are advancing on all fronts, in contravention to Ukrainian reports. Ukraine’s anti-corruption agencies say they need more resources to crack down on the “shadow economy.”

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Roundup: Creating a duplicative federal body?

The Canadian Association of Fire Chiefs want the federal government to take action on creating a national forest-fire coordination agency, and look at American bodies like FEMA (well, as it used to exist rather than the hollow shell it is now). The problem? That disaster management, which includes wildfires, is squarely within provincial jurisdiction in this country, and if such a body were to be created (and it’s a big if), then provinces would have to agree to sign onto it, and good luck with that—unless maybe you’re willing to shell out a whole lot of money to “compensate” them for it.

The other problem? We already have such a body, called the Canadian Interagency Forest Fire Centre, which is a not-for-profit owned and operated by existing firefighting bodies at all levels, which does the very work that these fire chiefs want it to do—coordinating to share resources, mutual aid, information sharing, and so on. If they don’t think this agency is doing enough, then they should say so. But if this is really just a backdoor way of saying the federal government should pay for everything, well, maybe they need to be honest about that.

We have a big problem in this country where provinces have learned that they can get away with short-changing their emergency management systems because they can call on the federal government to deploy the Canadian Armed Forces to do all kinds of said management, and even though the federal government has the option of cost-recovery from those provinces, they don’t, because it would be bad optics to be “nickel-and-diming” the provinces whom they give assistance to. Except of course, the provinces know that’s the case, so they cut their spending further, and the cycle continues because no federal government will stand up and say “We know you cut your funding to get free federal assistance, so we’re going to charge you for the services.” This is why I’m deeply suspicious of any move to create a federal civilian disaster emergency response agency, whether for wildfires, or other natural disasters, because it will give the provinces licence to cut further, and then beg for more federal assistance once they do.

Ukraine Dispatch

That gas interconnector that the Russians attacked in southern Ukraine appears to still be operating. Investigations have found that in spite of sanctions, Russians have been using Siemens technology in their factories, obtained by middlemen in China.

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Roundup: Reassuring Inuit leadership

Mark Carney was in Inuvik to have his meeting with Inuit leaders regarding Bill C-5 and the major projects they are hoping to build, and seems to have convinced them that nothing is going to impact on their particular treaty rights, even though it’s still a lot of “just trust me,” because I cannot stress enough that he gave himself the power to override pretty much any legislation with that massive Henry VIII clause in C-5, meaning that he intends to use it. Said Inuit leaders didn’t seem quite as exercised about the colonial structures being built into the Major Projects Office and its proposed Indigenous advisory council (which reports to PMO and not to the Indigenous nations they are supposed to be representing), but again, we’ll see once things are a little more fleshed out.

During the meeting, Carney and Anita Anand announced that Iqaluit resident Virginia Mearns, who is Inuk, will be Canada’s new Arctic ambassador, a role that Mary Simon once held. As part of this office and Arctic strategy, there are plans to open new consulates in Alaska and Greenland.

Meanwhile, the demands for PONIs continue to dwell largely in fantasyland, with projects that have no proponents being demanded approval of, nor projects that have a particular economic case to be made for them. It’s just “more pipelines.” Like, come on, guys.

Programming Note: I’m off for the next week-and-a-bit. See you on the far side of the long weekend.

Effin' Birds (@effinbirds.com) 2025-07-24T21:27:03.912Z

Ukraine Dispatch

Two people were killed in a Russian attack on Kostiantynivka in eastern Ukraine, while at least 33 were injured in a glide bomb attack on Kharkiv. President Zelenskyy has introduced a bill to restore the independence of the anti-corruption agencies, and says he welcomes input from friendly governments.

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Roundup: Longest Ballot nuisances reach a new record

The Longest Ballot Committee crybabies have reached a high—or low—by organising some hundred candidates to be on the ballot for the Battle River—Crowfoot byelection, and they want to reach 200 when the nominations close on the 28th. It’s ridiculous and abusive, and they’re now full-on masturbating in the media insisting this is about the purity of democracy and that it’s not even about protest when this is about trying to force the government to hold a citizen’s assembly for electoral reform, because they don’t think politicians should write their own rules. Erm, except that’s what self-government means. Politicians write their own rules so that the King doesn’t. Revolutions were fought for this ability.

As for citizen’s assemblies, they are demonstrably bullshit—they’re tools used to launder accountability because there is no way to hold them accountable because you can’t vote them out for the decisions they make, and most of the time, they are easily manipulable to deliver the kinds of answers you want them to give, usually by gaming the “experts” who guide them. It’s another form of manufacturing consent, much like how referendums are easily manipulable by the government who organizes them, by shaping the questions and the conditions of those referendums to deliver results they want, at which point they manipulate the responses they get. In this case, they want this citizen’s assembly to deliver proportional representation for them (which system of PR? Who can say? But yes, that matters), because they’re crybabies who seem to think that if the person/party you vote for doesn’t automatically win, then your vote is “wasted.” There’s a technical term for that—it’s “sore loserism.” And Parliament really needs to get their shit together to close the loopholes in the rules so that the Longest Ballot organisers are stopped.

Meanwhile, the push to lower the voting age has been given a new push because the voting age is being lowered to sixteen in the UK, amidst complaints that Labour are trying to put their thumbs on the scale of the next election because their popularity is plummeting. I’m not a big fan of lowering the voting age to sixteen—teenagers make a lot of dumb choices, and just yesterday, the Supreme Court of Canada affirmed that youth frequently don’t have the moral blameworthiness to know the severity of consequences in criminal activity, but they would for voting? I can guarantee you that it would mean that voter turnout percentages would plummet even further, just like they did when the voting age was lowered to 18, and we’d be in for a whole new round of handwringing about that. If teenagers want to be politically active, they should join political parties and learn how to organise, and participate in nominations and leadership contests (which is another reason why we need to reinvigorate grassroots party democracy). I’m just not convinced that lowering the voting age to 16 is going to solve any problems.

Effin' Birds (@effinbirds.com) 2025-07-18T22:56:07.793Z

Ukraine Dispatch

A mass Russian drone attack overnight has killed at least one person when they struck apartment buildings. Russian forces claim to have taken control of three villages along different parts of the front lines. Ukraine’s top commander says that their forces are holding firm outside of the key city of Pokrovsk.

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Roundup: Pushing back retaliation, again

The latest Trump eruption has prime minister Mark Carney backpedalling some more, and he has said that his deadline for retaliatory tariffs, which was July 21st, is now going to be August 1st, since this is when he’s extended the negotiation deadline to, again letting Trump continue to string him along. Nevertheless, he has also called a Cabinet meeting next week, and will be meeting with the premiers on the 22nd in Huntsville, Ontario. The Conservatives immediately jumped on this and tried to insinuate that this was rich snob Carney being too good to have meetings in Ottawa…except that Doug Ford had already called the Council of the Federation to meet there, and Carney will now be joining in to make it a First Ministers’ meeting.

There is further clarity that New NAFTA-compliant goods will continue to be exempt from these new tariffs (for now, anyway), and energy and potash tariffs will continue to be ten percent instead of the new threat of 35 percent, but it’s entirely incoherent, other than the usual threats about Supply Management (with no reciprocal offer to reduce any American agricultural subsidies). Of course, Trump said a lot of wrong things about Supply Management, so that’s not helping matters any either.

The latest from @clareblackwood.bsky.social on the constantly shifting tariffs.

Dale Smith (@journodale.bsky.social) 2025-07-11T18:11:42.200Z

In the meantime, the Conservatives want to recall the trade committee to hear from trade-exposed businesses. Of course, this is really just about getting clips for social media, since they’re not getting them from Question Period, and much like the transport committee and the ferries to be built in China, this will likely be members of all parties shaking their heads and expressing their dismay at Trump and his tariffs, but not too much dismay because that’s what they do—performative displays of dismay (again, to feed their social media channels). I expect nothing to come out of these meetings (other than a fresh supply of clips), but performers gotta perform, and that’s pretty much all MPs are these days (and yes, that is a Very Big Problem).

Ukraine Dispatch

A Russian attack on Kharkiv on Friday damaged a maternity hospital. Ukrainian drones, in contrast, hit a Russian fighter aircraft plant and a missile production facility. It’s almost like there’s a very different way in which the war is being conducted on either side.

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Roundup: Didn’t quite meet the Canada Day goals

We have just passed Canada Day, and did Mark Carney live up to all of the promises he made that were supposed to happen by then? Erm, not really. He set some pretty lofty goals for himself, and some of those promises he started to backpedal on the closer the time got, like on internal trade barriers. First it was eliminating them all by Canada Day. And then it was federal barriers. And even then, while the legislation has passed, it’s a bit of a mess. Why? Because the approaches to lifting those barriers is a patchwork of mutual recognition agreements between some provinces and not others, and that could in turn be new barriers in and of themselves, because there aren’t any consistent approaches.

Meanwhile, his bill to cut taxes didn’t pass, but it’ll still take effect on July 1st because of the Ways and Means motion that got passed. He got the ball rolling on the ReArm Europe programme, but it is not a done deal. He also said that he wanted all departments to undertake reviews to cut “red tape” within sixty days, but when exactly that kicks in was a bit ambiguous, not that I think 60 days is an adequate enough time to do a review of all of a department’s regulations to find inefficient rules. They’ve been doing that for years, so it’s not like there’s a lot of low-hanging fruit. I guess we’ll see what they turn up before the fall.

https://twitter.com/CanadianUK/status/1940419524375072985

https://twitter.com/RoyalFamily/status/1940002704295596284

It is nice to see Prince Edward make an appearance, and say a few words, and to bring greetings from Their Majesties with a promise of a longer royal tour to come."I speak for all of my family when I say that we take immense pride in Canada and Canadians." #MapleCrown

Dale Smith (@journodale.bsky.social) 2025-07-01T16:38:04.203Z

In case you missed it:

My weekend column points out that Danielle Smith’s attack on immigrants in her “Alberta Next” panel telegraph how desperate she is to find new scapegoats.

My Loonie Politics Quick Take looks at that NATO “five percent” goal, which isn’t five percent, and the conversations we should be having instead.

My column shows how Bill C-5 is the latest in a series of ways in which our Parliament has been slowly hollowing itself out, becoming a Potemkin village.

Ukraine Dispatch

The US is delaying or halting shipments of promised weapons to Ukraine, just as Russia has been ramping up attacks, because this is who Trump is. Meanwhile, Russia appears to be ramping up its offensives in Donetsk and Sumy.

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Roundup: Forgiveness over permission, C-5 edition

With hours left on the clock before the House of Commons would vote on Bill C-5, per the terms of the Closure motion passed earlier in the week, the Speaker agreed with an NDP motion that yes, the bill was indeed abusive omnibus legislation and agreed to split it into two parts to separate it for the final vote. It was a bit late to do so, because there was no ability to only advance one half and not the other, and it wasn’t going to matter much either considering that the Conservatives were going to vote in favour of it (because they absolutely want this Henry VIII clause on the books if they should form government in the next five years). And so, the first half of the bill, on the federal trade barriers, got near-unanimous support with only Elizabeht May voting against it, and the second half on major projects—and that Henry VIII clause—had the Bloc, the NDP, Elizabeth May and Liberal Nathaniel Erskine-Smith vote against it, not that those numbers made any kind of difference.

After the bill passed, Carney called a press conference in the Foyer, and had every Indigenous MP in the caucus as his backdrop (with a few others dropping in), and he insisted that it simply wasn’t communicated effectively how much Indigenous participation would be required for these projects, and that they would respect UNDRIP, and yes they would hold consultations with rights-holders over the summer to ensure that implementation of this legislation would be done “the right way.” Oh, and he totally swears that he’s not going to put a Henry VIII clause in any other bills—really! But all of those assurances left a sour taste.

It very much seems that Carney has taken the route of asking for forgiveness rather than permission, which is a really strange way to go about building trust with those rights-holders, especially when your MPs refused to let them speak at committee or have any participation in the legislative process. And you will forgive me if I don’t believe that they won’t ever use that Henry VIII clause to bulldoze over UNDRIP obligations on a project, because they gave themselves those powers for a reason. And if they think that they got away with asking for forgiveness rather than permission worked this time, who’s to say they won’t try that again when they do use those powers? Let’s not kid ourselves.

Effin' Birds (@effinbirds.com) 2025-06-20T22:56:10.284Z

Ukraine Dispatch

Drone attacks from Russia in the early hours of Thursday hit apartment buildings in Kharkiv and Odesa. There was another POW swap, and again, numbers were not disclosed. President Zelenskyy says that Ukraine is developing interceptor drones to deal with the Russian drones, whose numbers have increased in the past weeks.

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Roundup: Quietly objecting to the Henry VIII clause

The Liberals’ “One Canada Economy” bill continues to be railroaded through Parliament without proper scrutiny, and with the worst possible excuses from ministers and parliamentary secretaries possible. “We won the election promising this” or “This is in response to a crisis”? Get lost with that nonsense. While there are Liberals who are quietly objecting to the process—particularly the speed through which the second half of the bill (i.e. the giant Henry VIII clause) are going through without actual Indigenous consultation on the legislation itself, they are absolutely correct in saying that this is going to damage the trust that they have spent a decade carefully building.

Here’s the thing. While ministers are going to committees and the Senate swearing up and down that these projects of national importance are going to respect environmental regulations and Indigenous consultation, the very text of the bill betrays that notion. The open-ended list of legislation affected by the Henry VIII clause shows that they can bypass environmental laws or even the Indian Act through regulation shows that clearly they don’t have to respect either environmental laws, or that the consultation doesn’t need to be meaningful, or engage in free, prior and informed consent. If they did want to respect those things, they wouldn’t need a giant Henry VIII clause to bypass them. And frankly the fact that the Conservatives are supporting this bill should be yet another red flag, because the Conservatives very much want to use this Henry VIII clause if they form government next before this law sunsets, and they can blame the Liberals for implementing it. It’s so stupid and they refuse to see what’s right in front of them.

And let’s not forget that you still have Danielle Smith and Scott Moe demanding that environmental legislation be repealed, as the planet is about to blow through its carbon budget to keep global temperatures from rising more than 1.5ºC. And when it comes to Indigenous consultation, Doug Ford rammed through a bill to make these development projects law-free zones, while falsely claiming that First Nations are coming “cap in hand” while refusing to develop resources (in a clearly racist rant), ignoring that their objections are often to do with the fact that they have repeatedly been screwed over by proponents and wind up being worse off, which is why they want revenue-sharing agreements that companies don’t want to provide. When this is the “partnership with provinces” that Carney touts, it’s really, really not building a whole lot of trust.

If Ford listened to the First Nations near the Ring of Fire, they are largely concerned that proponents haven't lived up to past promises, and are not convinced the will live up to future promises either, unless they have a revenue-sharing agreement.

Dale Smith (@journodale.bsky.social) 2025-06-18T21:12:01.246Z

Meanwhile, 300 civil society groups are calling on the government to scrap the border bill because it has so many potential rights violations within it. The department offered some clarifications on the immigration and refugee portions, but that’s not sufficient for those groups. Citizen Lab also did an analysis of the lawful access provisions within the bill as they interface with American data-sharing laws, and they can be pretty alarming for the kinds of information that the Americans can demand that the border bill would provide them with.

The more I think about it, the more troubling #BillC2 is. The warrantless demand for "subscriber information" can include a demand to a women's shelter, abortion clinic or psychiatrist. All provide services to the public and info about services rendered really goes to the biographical core.

David TS Fraser (@privacylawyer.ca) 2025-06-16T23:24:04.585Z

Ukraine Dispatch

More bodies were discovered after the early morning Tuesday attack on Kyiv, meaning the death toll is now at least 28. Russians hit Ukrainian troops in the Sumy region with Iskander missiles.

Good reads:

  • In the wake of the G7 Summit, here’s a bit of a stock-taking on Carney’s government so far, and there are some friction points bubbling up, especially in caucus.
  • A Treasury Board report shows that women and minorities still face pay inequities within the federal civil service.
  • StatsCan data shows that there was almost no population growth in the first quarter of the year, which is a precipitous decline (and not good in the long run).
  • You might be relieved to hear that there were no wildlife incidents during the G7 summit in Kananaskis.
  • Protesters marking the second anniversary of the killing of Hardeep Singh Nijjar are concerned  and frustrated about the moves to normalise diplomatic ties with India.
  • The Federal Court has denied a case by Afghan-Canadians to apply the Ukraine temporary resident rules to allow them to bring family members over.
  • The Senate has passed the Bloc’s Supply Management bill, which would seem to be at odds with trying to diversify our trade relationships.
  • Now-former Conservative MP Damien Kurek says that he wasn’t asked to step aside for Poilievre, but offered as his way to “serve.”
  • Saskatchewan is going to extend the life of their coal-fired electricity plants, because of course they are.
  • Philippe Lagassé has some more thoughts on the NATO spending goals and Canada shifting away from American procurement by degrees.
  • Paul Wells features a former PMO comms staffer talking about his experiences in dealing with reporters on the Hill, and how he approached the job.

Odds and ends:

For National Magazine, I wrote about former Supreme Court of Canada Justice Gérard La Forest, who passed away last week at age 99.

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Roundup: Countdown to the G7 summit

It’s the run-up to the G7 summit on Monday and Tuesday, and it will start with dinner with UK prime minister Keir Starmer tonight, before everyone starts heading to Calgary, where Danielle Smith will be greeting delegates as they arrive for the G7, starting on Sunday, and will host an event with them. We already know that there will be some different features in this summit in that they will forgo the usual joint communiqué, but instead, Carney will put out a chair’s statement (because there is unlikely to be any kind of consensus to be had with Trump in the room).

Another question is about what some of the discussions will wind up being about, given the chaotic nature of what is happening right now, such as Israel and Iran attacking one another, while there are wildfires burning in Alberta, and the conflict in Ukraine has intensified after Ukraine destroyed a significant portion of Russia’s strategic bomber fleet. The number of other non-G7 members invited to attend will also help shape the discussions, which includes Indian prime minister Narendra Modi (whose activities we are apparently overlooking for the sake of the conference), though it should also be noted that “bone saws” Mohammed bin Salman won’t be attending after all, despite being invited. Here is a rundown of the additional invitees to the summit.

Meanwhile, Canada and India have reached an agreement to share information about cross-border crimes, such as transnational crimes, syndicates, terrorism, and extremist activities. That makes the obvious question to be whether the Indian government will disclose its transnational repression and contracting of syndicates to carryout transnational crimes (like extrajudicial killings)? Or do they simply expect Canada to turn over information about the legal activities of Khalistani advocates in this country? Because if we’re not getting any of the former, I’m not sure what value this agreement really has as a “reset” of the relationship.

Ukraine Dispatch

Ukraine and Russia had another swap of bodies of fallen soldiers yesterday.

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Roundup: The Auditor General on F-35s and ArriveCan

Yesterday saw the release of the Auditor General and Environment Commissioner’s reports, and lo, these ones actually got a tonne of media attention and took centre stage in Question Period, which is a far cry from most of their recent reports. The reason, of course, is that the topics were sexy—F-35 fighter jets and the ArriveCan app gong show in particular, the latter of which the Conservatives have been salivating over for three years now, which made the day pretty much insufferable as a result. But there was more than just those.

  • The F-35 procurement costs have ballooned because of delays, pilot shortages, infrastructure, and inflation but acknowledged the Canadian government has little control over most of these factors.
  • CBSA failed to follow procurement and security rules when it used GC Strategies to contract out work on ArriveCan, and didn’t follow-up to ensure work had been done before more contracts were awarded.
  • Public Services and Procurement has been slow to modernise and downsize office space, and turn over surplus buildings for housing.
  • Indigenous Services has failed to process Indian Act status applications within the required six-month timeline, with a backlog having grown to over 12,000 applications.
  • The climate adaptation plan is falling short, with only one of its three pillars in place and little connection between spending and results.

I’m not sure that the F-35 news is all that surprising, but it does actually work to either justify a potential move away from the platform, or to reflect increases in defence spending calculations. The GC Strategies findings are also not unexpected, but one thing the Conservatives have been failing to mention is that CBSA is an arms’-length agency, so ministers had no real say over any of its contracting practices (as the Conservatives try to insist that any minister who had carriage on the file should be fired). Meanwhile, their narrative that this was somehow about “Liberal friends” was never mentioned in the report, nor was there any mention about partisan considerations, or indication that the firm had any connection to the government, so these are just rage-bait accusations used solely for the performance art, which is how most things go with these guys.

Effin' Birds (@effinbirds.com) 2025-06-10T21:22:14.366Z

Ukraine Dispatch

Tuesday’s attack from Russia was one of its largest strikes on Kyiv, which also hit civilian targets in Odesa, and Kharkiv was subjected to a nine-minute-long drone attack that killed at least two and injured 54. Another prisoner swap took place yesterday, this time for an undisclosed number of sick and wounded soldiers.

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