Tag Archives: Supreme Court

Roundup: Carney won’t retaliate

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Prime minister Mark Carney has dismissed calls by Doug Ford and others to retaliate against increasing American trade actions, insisting that this is not the time, and that this is the time to keep negotiating. But to what end? There is no deal to be had, and any deal they come up with isn’t worth the paper it’s written on. The talks keep “stalling,” and every time, the Americans make another demand to restart them, and Carney capitulates, and then the talks resume for a few days, and then they “stall” again. Because there isn’t a deal to be had. Sure, we currently have the “best deal” of everyone, which doesn’t amount to much given the constant tariffs under bullshit “national security” reasons, but their demands are increasingly encroaching on our sovereignty and ability to make our own policy decisions, again, for nothing. When do we start saying no more? Hopefully before we’re a vassal state.

Carney also said that he got “reassurances” from Stellantis about the Brampton plant that they decided to move production away from, but again, what good is that if they decide to keep shifting production south to avoid the tariffs, as Trump wants? Carney also isn’t saying if he’d drop Chinese EV tariffs for the sake of saving the canola trade, but again, that would be foolish because the next time China wants to make a point, they would tariff canola again, or come up with some kind of falsehood about “concerns” about the product, like they constantly do. It would be great if Carney could actually articulate that concern, rather than give false hope that this would be some kind of lasting solution to the canola issue.

Meanwhile, Carney announced his bail and sentencing reform plans, most of which are pretty much the opposite of what the legal community has warned against, and which does nothing about the fact that the real problem with bail is provinces under-resourcing their court systems, or that their jails are overcrowded, and that they’re not funding community supervision programmes, or that their underfunding social programmes means more people are going to find their way into crime. Tinkering with the Criminal Code and endangering people’s Charter rights will do nothing about this. And it’s so infuriating that Carney just capitulated to a bunch of complete falsehoods by the Conservatives, and this will change nothing (other than crowding those provincial jails even worse), and they’ll still get blamed when another case slips through the cracks.

They say they're going to work with the provinces, but rest assured that those provinces won't do what they need to do (resource their court systems), and that the situation is going to get even worse, and the federal government will again take the blame, and tinker with the Criminal Code even more.

— Dale Smith (@journodale.bsky.social) 2025-10-16T15:39:15.421Z

Also, as Dale notes, provinces have no room to incarcerate more people. Judges are reducing custodial sentences because jail conditions are so bad. bsky.app/profile/jour…

— Anna Mehler Paperny (@mehlerpaperny.bsky.social) 2025-10-16T18:03:49.009Z

Ukraine Dispatch

Russian attacks on Ukrainian gas facilities will force them to import more gas this winter. A large Russian assault near Dobropillia was repelled by Ukrainian forces. Reuters takes a deeper dive into Russia’s attacks on Russia’s energy industry. AP has a photo gallery of displaced Ukrainians at a hostel in Dnipro.

Good reads:

  • Lina Diab says that there will be some adjustments coming to the provincial nominee programme numbers.
  • Tim Hodgson says the Americans are interested in “energy security” as part of conversations about reviving the Keystone XL pipeline.
  • Both Alberta and Saskatchewan’s health ministers say that Marjorie Michel hasn’t approached them about joining the federal pharmacare programme.
  • DND and the Canadian Forces are suing NSIRA to block the release of a report on their intelligence activities, claiming the redactions aren’t sufficient.
  • FINTRAC has levied a $600,000 fine on the First Nations Bank for lack of proper controls over money laundering, which they acknowledge.
  • Former PBO Kevin Page and the head of the IMF both say that Canada’s finances are sustainable and could increase spending without issue.
  • As Mélanie Joly tries to press Lockheed Martin for more industrial benefits for F-35s, the company points to 30 companies in Canada providing components.
  • A study shows that Canadian passport holders outpace Americans for visa-free access to other countries.
  • Here is a look at the process to create the Supreme Court of Canada’s new ceremonial robes.
  • In more Dollarama Trumpism, Poilievre is calling for the RCMP to investigate and jail Trudeau for past ethics scandals, saying the senior ranks are “despicable.”
  • The premier of PEI is calling for a federal investigation into allegations of Chinese foreign interference and money-laundering in the province.
  • Wab Kinew is lobbing broadsides at other premiers over their use of the Notwithstanding Clause as he moves a bill to refer future all uses to the courts.
  • Rob Shaw chronicles BC Conservative leader John Rustad’s plummeting fortunes.
  • John Michael McGrath makes the depressing point that Canada has very little leverage when it comes to trying to preserve our auto industry.
  • My Xtra column points out that Carney’s hate crime bill is mostly empty symbolism because the real problem is a lack of police enforcing existing laws.
  • My (delayed) column makes the case that youth may be avoiding politics because they no longer have an entry point with grassroots party organisations.

Odds and ends:

https://twitter.com/RichardAlbert/status/1978906504154489171

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Roundup: Cold water on that fantasy pipeline

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Ever since Alberta premier Danielle Smith started her latest scheme of trying to get the ball rolling on a bitumen pipeline to the northwest coast of BC, everyone has been trying to get some kind of answer as to whether this project—which has no actual proponents, no route, and no hint of buyer contracts—is going to get some kind of fast-track approval. Of course, that’s the kind of thing that the government’s Major Projects Office push has engendered by its very existence, because Smith and the Conservatives federally have been ratcheting up their rhetoric to stake the future of the country on this imaginary project.

At a committee appearance, Major Projects Office CEO Dawn Farrell didn’t answer MPs questions as to whether her powers include being able to violate the BC tanker ban, which would be essential for such a project to happen. But of course, this response was because there is no project, no route, nothing to judge any hypotheticals on, so the safest course is not to answer, because hypotheticals have a way of spinning out of control. And such a question may not wind up mattering at all, because natural resources minister Tim Hodgson came out to say that any pipeline through BC needs approval of the provincial government and affected First Nations. So good luck with that.

So now we will start seeing the fallout from this, with more threats from Danielle Smith, and howling denunciations from the Conservatives. Apparently, the country can’t work so long as we have things like environmental laws, and who cares that oil production increased while emissions as a whole declined (though not necessarily within the sector), so it’s not like those laws were exactly detrimental to the sector. “Oh, but we could have been making even more money!” Really? Would pumping more supply into the market not have possibly depressed prices? There is no guarantee that just trashing our environmental laws would increase investment and make us more prosperous, because things are complex, and climate change has costs. We need to start talking about that fact.

— Effin' Birds (@effinbirds.com) 2025-10-09T14:05:25.084Z

Programming Note: I’m going to take the full long weekend off, so have a great Thanksgiving everyone.

Ukraine Dispatch

A Russian attack on Kyiv hit an apartment building and targeted energy sites. Here is a look at the use of saboteurs in the war, both in Russia recruiting them in Ukraine, and Ukraine employing them within Russia. President Zelenskyy is taking credit of the gas shortages in Russia, thanks to new missile and drone strikes against Russian energy facilities. That could be one reason why the Russian war economy has stalled, forcing producers to furlough staff.

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QP: Trillion dollar fallacies, redux

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With so many developing stories happening, it was probably a good thing that the PM was in attendance for a second day in a row, though it remained to be seen just how many of these issues would merit attention. Pierre Poilievre led off in French, and immediately jumped into the complete falsehood about what the $1 trillion figure around investment in the American market, and said that if it’s supposed to be private money, if the government would “force” them to invest in the US or to just invest in Canada—which makes no sense whatsoever. Mark Carney responded in English that it was a momentous day and that they should recognise the Middle East peace plan, which he offered his support of. Poilievre, still in French, said that while they congratulate Trump on negotiating peace, but he asked a question in French about jobs and that the prime minister owed respect to answer the question, again about the falsehoods about the trillion dollar figure. Carney responded with his canned bullet points about having the best trade deal, and that they are still negotiating a better deal, and finally that as a result of the agreement, there would be more investment in Canada. Poilievre switched to English to repeat the same bad faith question on “forcing” investment in the U.S. Carney reminded him that he was there, before repeating his same bullet points that did not correct the disinformation or the bad faith reading. Poilievre insisted that we have he fastest-shrinking economy in the G7 (untrue), and again tried to insist that Carney was somehow going to force Canadian private money to invest money in the U.S., or just send them fleeing with high taxes. Carney reminded him that they cut income taxes, the capital gains tax, and the carbon levy, and then touted the forthcoming “generational investment budget.” Poilievre read Carney’s words on the trillion dollar investment, and framed it misleadingly, and wondered if there was an agreement that Trump would send the same north. Carney reminded him that there are no tariffs on auto parts or finished goods, and that they are working toward an agreement that will increase investment in Canada—which again, did not actually answer the question. Poilievre switched topics to energy, and the support for the a Keystone XL pipeline which can’t be filled so long as the emissions cap is in place (which is patently false). Carney said that the motion he voted against was about something that does not exist—being the supposed taxes on groceries. 

Yves-François Blanchet led for the Bloc, and worried about the ongoing softwood lumber tariffs. Carney said that Canada currently has the best deal with the U.S. in the world, and that they are working to bring the steel and aluminium tariffs, and that the tariffs an autos and trucks are the lowest in the world. Blanchet then concern trolled that a new pipeline to the U.S. was not diversifying out economy. Carney patted himself on the back for the recent agreement with Indonesia and that more deals are coming for South America. Blanchet then pointed out that money for support programmes for steel and aluminium have not flowed yet, and Carney responded that they will have an opportunity to vote for that support in the budget.

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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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