Tag Archives: Supreme Court

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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Roundup: Asking for declaratory powers, not limits

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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?

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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

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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

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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

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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

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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

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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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