Roundup: The Chief Justice gives a strong warning

Chief Justice of the Supreme Court of Canada, Richard Wagner, delivered his annual news conference yesterday, which had been planned a month ago and the timing was purely coincidental regarding the sudden resignation of Justice Russell Brown. That was not the main topic of his remarks, however—that was about the slow pace of judicial appointments as some eighty or so spots remain unfilled, and it can take up to a year-and-a-half to fill the positions of chief justice or associate chief justice in a province. And Wagner has been pretty vocal about this.

Wagner did note that the prime minister did call him after getting his letter, and said that he was going to do what he could to improve the situation, but appointments are a problem for this government. In fact, the only time they have managed timely appointments are for the Supreme Court of Canada. One of the problems is that right now, a number of Judicial Advisory Committees, which vet prospective candidates, remain empty, meaning they need to be filled before they can get to the work of vetting applications for judges. And it’s not just the courts—nearly one fifth of Senate seats are currently vacant for much the same reason. And it’s not like these vacancies are a surprise—judges typically give six months’ notice before they retire, if they don’t reach mandatory retirement. Senators also age out, the date of which is clearly known and posted, so they have absolutely no excuse for not moving fast to fill upcoming vacancies. And yet they don’t.

As you have no doubt heard me say before on numerous occasions, one of the biggest problems is that this government made the decision to rely on self-nominations for these kinds of positions, while at the same time, committing to diversifying the bench (or the Senate). But when you rely on self-nomination, the kinds of people they want to apply and to appoint aren’t applying because they don’t see themselves in these roles (because the ingrained perception is that judges or senators are old white men), meaning that they need to go out and push people to apply and that takes time. They could instead just go out and nominate people, or have their appointments committees do that work, rather than just passively waiting for applications. To add to that, there is frequently a demonstrable difference in the performance of someone who was nominated (for whom they often see it as an honour to be considered) versus someone who applies (and feels entitled as a result),  But they refuse to see this and do that work, so we’re left constantly waiting for their poor process to play out, with the resulting delays that it entails while things crumble around them.

Ukraine Dispatch:

The Russian attack on Kryvyi Rih—the hometown of president Volodymyr Zelenskyy—killed at least eleven people when it struck an apartment building. As well, Russian missiles struck Odesa, killing at least three people in the early Wednesday morning. As well, independent confirmation is starting to roll in about Ukrainian gains in the counter-offensive.

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Roundup: LeBlanc wants the opposition to put up

In the wake of David Johnston’s resignation (and because it happened on a Friday evening when the prime minister was out of the country, we are counting this as being done with spite), Dominic LeBlanc held a press conference on Saturday to try and turn the tables. Yes, they will consider a public inquiry, but the opposition parties need to get together to determine a commissioner, a timeline, and terms of reference, and godspeed to them in doing so. The theory is that the opposition wanted to be in this so badly, and they blew up the last process, so now they need to show up and do the work. I’m…dubious. I mean, I get that he wants to make the opposition leaders eat their words, and it may yet happen, but I’m not a fan of the government just taking their hands entirely off the wheel here because the Inquiries Act determines that this is a government process, and turning over these decisions is laundering the accountability for them, which is always a very bad thing.

Pierre Poilievre said on Sunday that he would be willing to work with the Bloc and the NDP on doing said work, in order to ensure that a commissioner is “independent and unbiased,” but good luck finding someone who is acceptable to everyone, and who is willing to take on the job, considering how much the opposition parties have fouled the well with the spate of character assassination and willingness to outright lie in bad faith about everything in order to score points. (Note that the government is not blameless in that they never should have picked Johnston in the first place, and should have taken more responsibility around the decision of whether or not to hold an inquiry at all instead of outsourcing the credibility responsibility). I expect these negotiations to drag on, and for the government to find the eventual outcome to be so poisonous as to reject them outright, because we are not dealing with serious people who act in good faith any longer.

Meanwhile, Andrew Scheer continues to be the klassy parliamentarian he has always proved himself to be. I would say it’s unbelievable, but sadly, this is who he is, and it’s all too believable.

Ukraine Dispatch:

President Volodymyr Zelenskyy seems to have indicated that the counter-offensive has begun, but offers no details at this particular time, while the Russians counter with disinformation. Ukrainian forces did report recapturing a south-eastern village on Sunday, with reports that Russian forces opened fire on a boat carrying civilians evacuating from flooded areas. Ukrainian forces also advanced some 1400 metres near Bakhmut. Also over the weekend, Russian strikes killed three in Odessa, and killed and wounded others attacking Kharkiv.

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Roundup: The “filibuster” that wasn’t

A particular level of self-aggrandisement seems to be taking hold in the Leader of His Majesty’s Loyal Opposition, as he describes things that are not reflective of reality. Yesterday morning, he summoned the media to a speech he delivered to caucus—something that is not uncommon for the last caucus meeting before the summer break, but we are still two weeks away from that. There, he promised that he was going to rise in the House of Commons at 7 PM and begin a filibuster of the budget bill, and that he wouldn’t stop until the government backed down and acceded to his demands.

Except it was all bullshit.

There wasn’t going to be a filibuster. The House had already passed a programming motion, thanks to the NDP, that laid out just how many hours left of debate there were before the final debate, and Poilievre couldn’t just talk and talk past he expiry of that clock. It was already set in stone. So, after another attempted abuse of remote voting as a procedural tactic (which the Deputy Speaker lost all patience with), Poilievre got up to give his five hours of allotted time. But again, this isn’t actually a filibuster because the leader of the opposition gets unlimited speaking time to certain items on the Order Paper, and this was one of them. He wasn’t filibustering anything. He was showboating.

While Conservatives flooded social media with effusive praise about how he was standing up for defenceless Canadians against the predations of the government, and they kept praising how long he was speaking, he wasn’t actually accomplishing anything other than playing to his own backbenches. It’s not like anyone other than a few shut-ins and reporters who drew the short straw were watching. He didn’t stop the budget bill, because it was already the subject of a programming motion. He just talked for the sake of it, and was even finished before midnight hit, when the time would have expired automatically. There was nothing heroic about this action, and it accomplished exactly nothing at all.

https://twitter.com/a_picazo/status/1666653154694266880

Ukraine Dispatch:

President Volodymyr Zelenskyy is calling for international assistance in dealing with the destruction of the Kakhovka dam, as they continue to evacuate people from floods, and local authorities rush things like drinking water to the affected area. Meanwhile, Ukrainian forces have gained more ground around Bakhmut, but insist that this is not part of any ongoing spring offensive.

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Roundup: Johnston’s day at committee

As expected, David Johnston’s testimony at the Procedure and House Affairs committee was largely a three-hour exercise in partisan showboating, most especially typified by the fact that Jagmeet Singh decided to make a personal appearance at committee so that he could get clips of himself haranguing Johnston, like he tried to do with Galen Weston (and looking like a fool for the most part considering he made the big song and dance about getting thousands of questions from Canadians and asking none of them). In fact, there were almost no actual questions on foreign interference over those three hours, because of course there weren’t.

Once again, Johnstone disputed the claims that he is biased, or in any number of conflicts of interest, and further made the point that he believes the vote in the House of Commons about him was based on false information. (Also, the House of Commons has been known on several occasions to hold these votes on risible matters, especially if they think they can embarrass the government, while the only votes that really matter are confidence ones, and that’s not going to happen). He said that he didn’t reach out to MP Han Dong before he cleared him in the report, in part because of Dong’s lawsuit and because he read intelligence that countered what had been reported. (I’m also not sure why that would have been necessary if the point of the exercise was to review the intelligence). He also made it clear he didn’t see every single document, because that would be impossible, but that the intelligence services were entirely forthcoming.

One of the things we ultimately need to grapple with in this story, which media outlets are incapable of doing, is that this is a process story. It’s almost entirely a machinery of government issue in terms of intelligence dissemination and consumption, and that’s unsexy and difficult to explain, so instead, the focus remains on Johnston himself, and making details about what the government did and didn’t know as lurid as possible, helped along by the fact that the leaker(s) is shaping the narrative in a particular way, using draft documents that contained items not found in the final documents that were pushed up the chain, and there is almost certainly intention behind that, which again, there has been absolutely no self-reflection around on the part of the media organisations doing the reporting. Instead of stopping to ask if they’ve been played, they rationalise and justify. And because this is a process stories, and mainstream outlets are allergic to those, this whole affair just spins further into both-sidesing the meathead partisanship on display.

Ukraine Dispatch:

With the explosion at the Kakhovka Dam, there is now an evacuation effort underway as the region begins to flood, with 22,000 people in areas in most danger. It could also have repercussions for the Zaporizhzhia nuclear power plant, which uses that water for cooling operations. There is concern that this could forestall any Ukrainian counter-offensive in the region. President Volodymyr Zelenskyy says the dam attack is an “environmental bomb of mass destruction,” and  has already approached the Hague about the incident. Zelenskyy also said that Ukraine is awaiting the final agreement on acquiring F-16 fighter jets. Russian, meanwhile, have been shelling an ammonia pipeline in the Kharkiv region, which has been part of the Black Sea deal around exporting grains and fertilizers.

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Roundup: Proactively calling in Navigator

There was some late-in-the-day excitement in the political sphere last night as it was confirmed that David Johnston has hired crisis communications firm Navigator to help with his media relations, because of course he has. Now, there is some context here in that he hired them off the start and not only in the last week as the toxic bullshit that surrounds his report has been cranked up to eleven, but that would also mean that they were likely the ones who advised him on how to handle the allegations of the conflict of interest, which doesn’t actually exist, but the fact that he spent so much time on it during his press conference didn’t seem to help matters any.

https://twitter.com/StephanieCarvin/status/1664764909974896640

Yes, Navigator has become something of a punchline in Canadian politics, particularly of late, and someone remarked over Twitter that it’s on par with people hiring former Supreme Court of Canada justices to burnish their reputations. (And lo, Johnston did just that as part of his ensuring he didn’t have an actual conflict of interest). And if I were to hazard a guess, I would say that this blind spot that people in politics seem to have around Navigator’s waning reputation is in part because of their clubbiness with the people who work there. It’s full of people who spent a lot of time in politics and who are still actively involved, and everyone knows them, so they feel they can trust these people they know, never mind that their reputation as a whole has taken a beating. And yeah, that blind spot is a problem.

Nevertheless, I’m not sure this news changes anything. Johnston pretty much has to keep on working because frankly, there is no one else who can take over at this point. The field has been flooded with bullshit, and the opposition attacks have made this poisonous for anyone to step into the role, either to take over from Johnston as a special rapporteur or to head a public inquiry. (I have a column on this that should be out later today).

Ukraine Dispatch:

The total air barrage countered overnight on Thursday was 15 cruise missiles and 21 drones, while President Volodymyr Zelenskyy is ordering an audit of air raid shelters after three people died after being locked out on the street during a raid. Zelenskyy has also acknowledged that NATO membership is impossible until after they win the war against Russia (for reasons that should be immediately obvious). Meanwhile, top US military officials say that Abrams tanks and F-16 jets are long-term plans for Ukraine, and training is being organised, but they won’t happen for the upcoming spring/summer counteroffensive.

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QP: Conspiracies and scrambling the speaking list

The prime minister was off to Toronto to mark the first day of awareness of gun violence, and his deputy and at least one other leader was away as well. Pierre Poilievre led off in French, insisting that the House of Commons declared non-confidence in David Johnston, said that Johnston’s declaration that he works for the government and not Parliament was part of the problem—never mind that Johnston is not an officer of parliament, and any public inquiry would also report to the government and have its terms of reference set by government, so functionally it would be no different. Bill Blair responded that Johnston was doing the work asked of him. Poilievre switched to English and haltingly asked Blair about the wildfire situation in Nova Scotia, and Blair assured him that they responded immediately to the request for assistance. Poilievre then pivoted to the news that Bay du Nord was being postponed for three years, blaming government “gatekeepers” as he blamed the government for other projects that have not gone ahead (mostly because oil prices didn’t warrant them). Steven Guilbeault said that he did approve the project but they paused it because of market conditions. Poilievre scoffed at the notion of market conditions, and this time Julie Dabrusin said that they have tabled a bill to help Atlantic provinces diversity their economies with offshore energy projects. Poilievre insisted the government keeps suffocating projects, and Dabrusin disputed this, listing mining projects approved. 

Alain Therrien led for the Bloc, and he decried that Johnston reports to the government and demanded a public inquiry. Pascale St-Onge said she was disappointed that the opposition parties were not being responsible about combatting foreign interference or strengthening democracy, and implied them to get the briefings. Therrien was not mollified and tried again, and got the same response. 

Jagmeet Singh rose for the NDP, and worried about the early and severe wildfire season. Blair got up to note the size of the fires but also the federal assistance. Singh switched to French to asked about the opioid crisis, which gave Carolyn Bennett an opportunity to denounce Poilievre’s retrograde beliefs on drug policy.

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QP: Why won’t you take the briefing?

The prime minster, his deputy, and all of the other leaders were present today, which was a nice change of pace. Pierre Poilievre led off in French, and declared that nobody believes that the prime minister’s “chalet buddy” David Johnston has to say, accuse him of covering up foreign interference, and demanded the prime minister fire his “Trudeau Foundation Buddy” and call a public inquiry. Justin Trudeau pointed out that Poilievre claims to want the facts but he has refused briefing in order to know them. Poilievre insisted that a briefing was a trap to silence him, to which Trudeau suggested that it was why he didn’t do anything about foreign interference when he was minster of democratic reform. Poilievre gave a tortured recitation about secrets, and suggested Trudeau was so enamoured with Chinese dictatorship that he wants to silence his critics. Trudeau repeated that Poilievre would rather hide behind a veil of ignorance so he that he can carry on making baseless personal attacks. Poilievre insisted that he would have been subject to silencing measures, and Trudeau noted that as a former minister of the Crown, he was already subject to oaths of secrecy and he could handle those, but now he prefers ignorance in order to make personal attacks. Poilievre returned to French to again link Johnston to the Trudeau Foundation and demanded a public inquiry. Trudeau said that this was a clear demonstration that Poilievre has no understanding of how security and intelligence works, and that he is manufacturing reasons to remain in ignorance.

Yves-François Blanchet led for the Bloc and listed people calling for a public inquiry, and wondered if Trudeau would listen to David a Johnston or Morris Rosenberg. Trudeau recounted Johnston’s calculation as to why he chose not to recommend one. Blanchet insisted that Johnston and therefore the report had no legitimacy, and Trudeau pointed out that Blanchet was also refusing briefings in order to maintain partisan attacks.

Jagmeet Singh rose for the NDP, claimed an “overwhelming perception of bias” and demanded that Johnston stand aside and call a public inquiry. Trudeau sang Johnston’s praise, and that it was too bad the opposition was too busy playing politics. Singh switched to French to demand support for his Supply Day motion on a public inquiry, and Trudeau insisted they took the allegations seriously, which is why they have instituted a number of mechanisms to combat it.

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Roundup: Danielle Smith stays, Alberta still a one-party state

Well, Alberta has decided that it remains a one-party state, no matter how corrupted that party is, or how completely awful the leader is, and just how utterly unsuited Danielle Smith is for office, and that she has embraced all manner of conspiracy theories, or behaved in ways that imperilled democracy. While I have a full column on this coming out later today, there are a couple of things not mentioned therein that I did still want to mention.

One is that I cannot fathom how the whole “Take Back Alberta” narrative persisted. Take it back from whom? From what? You’ve been a one-party state for nearly fifty years, minus the four-year NDP interregnum that came about as a result of a perfect storm that in no way could be replicated this time around.

The NDP ran a weak campaign, and they are now comforting themselves with the fact that they have the largest official opposition in the province’s history, for what little it matters because Smith still has a majority, and they have no actual leverage to make any particular difference in the legislature. I am feeling some flashbacks to 2011 when the federal NDP formed official opposition and felt like they won the election, when they also handed the Conservatives a majority and they had no actual ability to make change or have leverage.

There is also still a particular ugliness in this election, as exemplified by the fact that the UCP candidate who compared trans children to faeces in cookie batter won by a landslide. Smith claims that she’s out of caucus “for good,” but I don’t actually believe her, and I have no doubt that after a few months in that penalty box, she’ll be welcomed back into the party because Smith believes in forgiveness, or some bullshit like that. And not nearly enough people will do any soul-searching over this, and this ugliness will fester.

Ukraine Dispatch:

Another night, another massive air raid against Kyiv and other cities in Ukraine, with more than 20 drones shot down as of this writing, and at least one high rise is being evacuated as falling debris has caused a fire. The constant nightly air attacks against Kyiv are taking a toll on its citizens (which is of course why the Russians are doing it). Russians did also allegedly hit a Ukrainian air base, plus port infrastructure in Odessa. There was also a Russian attack on the city of Toretsk in the Donetsk region, which killed two and injured at least eight.

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QP: Not reading the Johnston Report

While the prime minister was elsewhere in the building entertaining the president of Iceland, most of the other leaders were present today, as was the prime minister’s deputy. Pierre Poilievre led off in French, and accused the government of using China to help them win two elections, and demanded they fire David Johnston and call a public inquiry. Dominic LeBlanc responded by pointing out that Poilievre refused a briefing in order to make outrageous comments rather than be serious. Poilievre insisted that he refused to be “silenced,” and repeated his demand. Marco Mendicino repeated the point that Poilievre refused briefings for partisan reasons. Poilievre moved onto the Chinese “police stations” in Montreal that got government funds, and were still active. Mendicino carried on with the retorts that Poilievre was closing his own eyes. Poilievre repeated the question in French, and Mendicino gave his same response. Poilievre then said that he can ask question of any member of the government, and tried to ask Jagmeet Singh demand a public inquiry or end his “coalition.” Mark Holland gave a sanctimonious speech about the Conservatives attacking Johnston, who Harper appointed as GG, for the sake of partisan games.

Alain Therrien led for the Bloc, and he called Johnston’s inquiry a farce, and demanded a public inquiry. LeBlanc got back up to tell them that they should let NSICOP do their work rather than casting aspersions prematurely. Therrien repeated his demand for an inquiry, and LeBlanc urged him to speak to his leader and take the briefing on the evidence, along with NSICOP.

Jagmeet Singh rose for the NDP, and he worried about the failing negotiations with Stellantis over their blackmail. Chrystia Freeland assured him they will ensure the deal goes forward and that the jobs stay in Canada, but also that Ontario pay its fair share. Singh switched to French to worry about rising rents in Montreal. Soraya Martinez Ferrada reminded him that they sent $5 billion to Quebec for housing.

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Roundup: A rare Harper appearance

Former prime minister Stephen Harper was recently at a Fraser Institute event in Vancouver, where he said that Chinese foreign interference is probably “far worse than we think,” and is calling for an end to what he calls “naïve globalism,” which is a pretty loaded term. On the former, one has to ask just what exactly Harper did about said foreign interference when he was prime minister, because all indications are that it was probably close to zero, as he weakened oversight over national security and intelligence agencies and put no electoral safeguards in place (as he was trying to make it harder for groups like students to vote), while he went over to Beijing to grovel before Xi Jinping for the sake of opening up trade after his earlier tough-guy stance on China wasn’t getting him anywhere. And hey, he got a panda out of it (for a little while, anyway).

On the latter, this whole “globalism” thing is pretty cringey because that’s frequently code-word for “the Jews,” and falls into a number of antisemitic conspiracy theories. Harper was a big fan of the whole “somewheres” versus “rootless cosmopolitans” view of the world, but again, the “rootless cosmopolitans” also falls into those same antisemitic tropes. This fear over “globalism” or “globalists” is pretty big in far-right circles, and Harper is using those same dog whistles.

I would also point out that in the same speech, he mentioned that his activist investment fund is located in Florida because “Florida is booming,” citing its “low taxes, low regulation, lots of spending on police and falling rates of crime.” Again, red flags because Florida is also engaging in fascistic behaviour, targeting minorities and most especially the LGBTQ+ communities, and it’s particularly alarming that he’s glossing over this while offering praise to Pierre Poilievre and Danielle Smith, who has also been praising Ron DeSantis as part of her campaign. (And no, the IDU is not a fascist organization, and Harper is not some Bond villain, so don’t even think about commenting on that, because I have zero patience for it).

Ukraine Dispatch:

On the anniversary of Kyiv’s founding, Russia launched its largest air assault yet on the city, with 58 out of 59 drones being shot down, the debris causing some damage including to an institute for the blind. Meanwhile, Russian attacks have eased in and around Bakhmut, possibly because of the Wagner Group handover.

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