Roundup: Another politicized terror listing

The federal government has listed the Bishnoi gang, which largely operates out of India, as a terrorist entity, saying that they engage in “murder, shootings and arson, and generates terror through extortion and intimidation.” The Conservatives blame them for the rash of extortion crimes, primarily in the lower mainland in BC, and the BC premier has called for this designation. The problem? Not only are we conflating criminal organisations with terrorism, which gets messy on a number of fronts, but this is another example of process that should be apolitical and technocratic being politicised, and we are now getting into territory where groups are being listed after a vote in the House of Commons, which is Very Bad.

Here’s Jessica Davis on why this is a problem.

Back in the day, when I worked on listings, they were a largely technocratic process. I won't say there was a solid methodology for choosing which groups would get listed, but it was a bureaucratic one, with departments and agencies contributing.

Jess Davis (@jessmarindavis.bsky.social) 2025-09-29T13:46:59.828Z

Increasingly, we've seen groups listed after votes in the House of Commons, or campaigns to have them listed, or at the behest of our (sometimes) allies like the US.

Jess Davis (@jessmarindavis.bsky.social) 2025-09-29T13:46:59.829Z

The listings process itself isn't particularly rigorous. A single incident can result in a group getting listed. And there is no real mechanism for challenging listings. (Yes: processes exist. In practice, it would require getting a lawyer to argue the case of a terrorist entity, likely pro bono).

Jess Davis (@jessmarindavis.bsky.social) 2025-09-29T13:46:59.830Z

We are overdue for listings reform. We're trying to do far too much with it. Why not create a separate criminal listings regime? Having everything lumped together as terrorist dilutes the analytic power that comes from sensical categorization, and limits our ability to identify finance mechanisms.

Jess Davis (@jessmarindavis.bsky.social) 2025-09-29T13:46:59.831Z

Increasingly, some of our listings are also not lawful. Look at the listing for the IRGC QF, and more recently the IRGC. There's a clear carve-out that should prevent the listings of state militaries. But we don't seem to care about the lawfulness of this process anymore.

Jess Davis (@jessmarindavis.bsky.social) 2025-09-29T13:46:59.832Z

Overall, this process is increasingly meaningless: governments press the listings button (not unlike sanctions) and then do very little to actually counter terrorism or tackle hard problems like RCMP reform that could actually result in real improvements in Canadian safety and security.

Jess Davis (@jessmarindavis.bsky.social) 2025-09-29T13:46:59.833Z

The only way a government will be incentivized to change is to have this process challenged in court, which could actually be both really bad for Canada (undermine a huge part of our sanctions regime and throw our CTF system into turmoil), but could strengthen rule of law in Canada longer term.

Jess Davis (@jessmarindavis.bsky.social) 2025-09-29T13:46:59.834Z

Or, you know, the Carney government could just do the right thing and fix the system itself and toughen the process so it can't be politicized. Honestly, we're a stone's throw away from listing ANTIFA as a terrorist entity if the US asks. I'm sure it's fine.

Jess Davis (@jessmarindavis.bsky.social) 2025-09-29T13:46:59.835Z

The added issue here is that the RCMP already don’t have enough resources or capacity to enforce existing terrorist designations, let along the mounting sanctions, so these declarations are rapidly becoming symbolic, and that’s a very bad thing. This is one more reason why we need wholesale reform of the RCMP and most especially its federal policing responsibilities (and by wholesale reform, I generally mean disband it and stand up a new federal policing agency), but ultimately, this situation is just exacerbated by these political listings, which are about to even more problematic the more the Trump administration starts making demands, like they did with Mexican cartels.

Ukraine Dispatch

Russia claims that they have taken control of two villages in the Donetsk region, as Ukraine is pushing back on other fronts in the same region. The nuclear plant in Zaporizhzhia has been without external power needed to cool its reactors for six days. Neighbouring Moldova saw the pro-EU party win the election in spite of a spate of Russian interference.

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Roundup: The supposed fiscal precipice

My sinking feeling about the interim Parliamentary Budget Officer continues to plummet, not only in response to last week’s committee appearance where he not only used a bunch of over-the-top adjectives to describe his read of the fiscal situation, but also telegraphed that he has taken all of the wrong lessons from his predecessor and that he intends to make himself a media darling, in defiance of what his role is actually supposed to be according to his legislated mandate:

“If the government wants to go 12 months without producing a budget, as a citizen I would feel a little bit uncomfortable. But as somebody who works in the Parliamentary Budget Office, I’d say, ‘That’s great for us. Because we will occupy all the space that they decide to give up.’”

He was back on TV this weekend, and saying a bunch of alarmist things about how we’re on a “precipice” and so on, which…is not what his office was saying just a few months ago. If anything, this is the kind of alarmism that we’re used to hearing from the “it’s 1995 and will always be 1995” crowd, where any budget deficits are treated as some kind of national catastrophe, and that we’re sitting on a “debt bomb,” but we’re not. People are actively forgetting the measures taken to save the economy during the height of COVID, pretending that it didn’t happen, and now they’re downplaying just what exactly the effect that Trump’s tariffs are having on the economy—or the fact that we have managed to avoid a recession so far (not that it has stopped Poilievre from insisting that our economy is “collapsing.”)

Meanwhile, we’re once again getting the litany of demands from business groups about the budget, and they’re entirely of the “cut taxes and deregulate” variety, because nobody has learned a single lesson about how trickle-down doesn’t work, and that the scars from the last round of government austerity have not healed. And from the looks of it, this PBO is not only trying to become a media darling, but he’s basically rooting his analysis/opinion in these very same frameworks, which I suspect is going to really start to skew just what his analysis is and what it’s saying, which is going to do a real disservice to the job that he’s supposed to be doing.

Ukraine Dispatch

There was another major attack on Kyiv early morning Sunday, with 595 drones and 48 missiles, which killed four people, including a child.

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Roundup: Giving credence to Poilievre’s trolling

In spite of it being an exhaustingly packed news week, The Canadian Press took time out to get some reaction to Pierre Poilievre’s trolling tweets about prime minister Mark Carney’s many international trips of late. Yes, it’s summit season right now and there is a lot more travel coming up, but he has made a number of trips since he was appointed PM, and we have to ensure that it’s not “excessive” or something. Never mind that we’re in a moment of global crisis as the United States has turned into an authoritarian regime that is upending the post-war international order and tacitly siding with other authoritarian regimes, and this requires a global realignment of liberal democracies, but is he travelling too much? Guys.

The one thing that irked me the most in the story was the point about Carney having only attended three Question Periods since Parliament resumed last week, and only nine in the four-week spring session. There was no context to this, which is that it means once or twice per week, which is perfectly normal for any sitting prime minister. Once or twice a week was all Stephen Harper could deign to attend. Justin Trudeau started out with three a week, but then fell back to two on most weeks, but sometimes was just once. The difference of course was that Trudeau made it his practice to answer every question on Wednesdays, which no previous PM had done, and which Carney has not kept up (possibly because he may not have stamina enough to pat himself on the back for a full forty-five minute). In other words, Carney’s QP attendance is fully within the norm, and you would think that the national wire service could point this out, but that might mean that they would have to have someone with enough institutional knowledge and memory to know this, but pretty much every bureau on the Hill no longer has either. (As a reminder, I am the only journalist who goes to QP every day, because someone has to).

This being said, I think we need to once again have a discussion about the kind of insular nativism that Poilievre is stoking by making it sound like foreign travel by the prime minister is somehow illegitimate, or that every trip must come with some kind of signed agreement (even though we may already have signed agreements with countries like Mexico, and forging stronger ties is important beyond just a signed piece of paper). Trying to create this false expectation that the PM can’t go anywhere so long as there is “crime and chaos” at home is juvenile and frankly troubling, because it means that they have absolutely no idea how the real world works, and are playing with fire, especially if they ever want to form government one day.

Effin' Birds (@effinbirds.com) 2025-09-26T13:24:02.797Z

Ukraine Dispatch

The front line in the conflict has grown to nearly 1250 km in length, as Russian forces have shifted tactics to try and make breakthroughs. That said, both president Zelenskyy and his top military commander say that Russia’s 2025 offensive has failed to meet their goals, and suffered heavy losses in the process. Meanwhile, Ukraine’s assessment of the drone incursions into NATO airspace is that Russia is trying to stoke fatigue in Ukraine’s allies in the hopes of drawing down military support.

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Roundup: The weird fixation on east coast LNG

There was another report about Europeans looking for Canadian LNG, this time in The Logic in a conversation with the German ambassador. What it did not really mention was the actual business case—only that the “long timelines” involved was a reason why former prime minister Justin Trudeau said that there wasn’t a business case for it. The thrust of the piece is that demand maybe longer than just short-term because even rapid electrification will still require some gas, however there is a boatload of context about this that journalists who have this weird fetish for LNG never actually touch on.

First of all, this discussion is only about east coast LNG, not west coast, where the conditions are different, and where there a whole bunch of potential projects that are fully permitted, and have all of their approvals in place, but aren’t moving ahead because the market isn’t showing demand (and by demand, we mean signing long-term contracts to buy the product). While this was also the case on the east coast, it’s complicated by the lack of ready supply of natural gas to liquify. Neither Quebec nor New Brunswick are about to start fracking for the sake of domestic supply, and the costs to bring a pipeline from western Canada to New Brunswick for export purposes is a lot to consider when we think about what is “long term.” That means supply is likely to becoming from the US, and that in turn will drive up local prices because they’re competing with the theoretical export terminal. To add to that, the “long term” we need to keep in mind is that these kinds of plants need to be operating for a good forty years or so to get their money’s worth. Is anyone in Europe thinking about the infrastructure necessary on that kind of time scale? Unlikely, and unlikely at that time scale for the kinds of prices that Canada would be offering, which are higher than they could get elsewhere.

What do they mean by "long-term"? Because these kinds of projects need a 40-year lifespan or so to actually get their money's worth, by which time we'll be well past net-zero goals.

Dale Smith (@journodale.bsky.social) 2025-09-25T13:37:04.762Z

This is why these stories never actually make sense, because those journalists never actually talk to an energy economist about it, or if they do, it goes right out the other ear while they maintain this weird fixation on LNG. I’m not quite sure what it’s in service of—have they simply absorbed the propaganda of the oil and gas industry, who say dumb and wrong things like how our fossil fuels are the “cleanest” (they absolutely are not), or worse, that it will displace coal (the final emissions profile is not that much lower than coal, and as David Cochrane is the only journalist to push back on this talking point, there is no guarantee that they wouldn’t just use Canadian LNG in addition to coal rather than displacing it)? Or is this some kind of sad attempt at playing gotcha with Trudeau and the business case line? Because certain journalists are relentless in badgering and hectoring European leaders about this, and it’s just weird, and just completely ignorant of the facts on the ground.

Ukraine Dispatch

A Russian attack on Chernihiv meant power cuts for 70,000 people. NATO Secretary General Mark Rutte says that members can target Russian planes that enter their airspace as necessary. And president Zelenskyy says he is ready to leave office once the war is over.

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Roundup: A digital asbestos task force

Everyone’s favourite bullshit Cabinet minister, Evan Solomon, is putting together a task force to determine the next steps in the government’s digital asbestos strategy. While we wait to see just who is going to be on this task force, because that will say volumes, it’s almost inevitable at this point that this is mostly going to wind up being more hype, because Solomon has guzzled it all down, while prime minister Mark Carney has also bought into it as the cure for Canada’s flagging productivity and other problems (rather than the obvious fact that corporate Canada is lazy). We’ve all heard everything Solomon has said so far. I’m not optimistic at all.

It's gonna be so much more hype. We are so boned.

Dale Smith (@journodale.bsky.social) 2025-09-24T15:21:05.227Z

I’m also extremely sceptical about Solomon insisting that they’re going to take the lessons from the Privacy Commissioner’s investigation into TikTok and its privacy violations in order to shape the new digital asbestos laws, because that would be too much intervention for what Solomon has been preaching about “light touches.” Part of the problem with the TikTok violations are that this is their business model, and while they insist that they are trying to keep children off the platform, they put more effort into hoovering up private data for marketing purposes than they did in using those very same tools they developed to keep kids off the platform, as it was hoovering up their data at an alarming rate. So much of what makes up digital asbestos is similar business models about siphoning that personal data, as well as using techniques to keep users engaged on that platform, hallucinations and all, and not caring about it sending them on delusional spirals that craters their mental health. They don’t care because it’s the business model, and that’s why I can’t trust Solomon to actually regulate—because he has bought into the hype around that model, and if he regulates, the tech bros will cry and whine that they can’t operate in those rules, and he’ll kill the industry, and gods forbid, we couldn’t have that.

Evan fucking Solomon says they'll take the lessons from the TikTok privacy report in order to shape new digital asbestos laws. www.thestar.com/politics/fed…

Dale Smith (@journodale.bsky.social) 2025-09-25T03:13:46.890Z

Meanwhile at the UN, president Volodymyr Zelenskyy is warning about the destructive arms race happening right now with digital asbestos and drones, and is calling for international rules about limiting its spread. But of course, I can just hear someone like Solomon insisting that we don’t want too many rules, because that will “stifle innovation,” and so on. Absolutely nobody is taking any of this seriously (and no, we’re not talking about Skynet), and we’re heading for some serious problems in the very near future as a result.

Ukraine Dispatch

Ukraine has attacked the petrochemical complex in Salavat for the second time in a week, further reducing Russia’s refining capacity.

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Roundup: NSICOP vs lawful access

Yesterday, the CBC’s national security reporter filed a story about the NSICOP report into lawful access, which was frankly a poor piece of journalism. The story merely quoted from the report without any outside comment, but more than that, the focus and entire framing of the story was more on the frustrations of police and CSIS that they don’t have lawful access tools—and by lawful access, we mean the ability of police or intelligence services to access your digital online history and movements, usually without a judicial warrant. This is very bad. In fact, it’s so bad that the Supreme Court of Canada has twice ruled that it’s unconstitutional, and that police can’t even get your ISP information without a warrant because it offers too much access to the “digital breadcrumbs” of your online life that it can and will violate your privacy.

This is not mentioned in the CBC story. The report talks extensively about the Supreme Court’s definition of privacy and why it’s important, and why it’s important to try and find pathways for information that still require a judicial warrant, and so on. But how was this reported in the story? A single sentence: “It dives into one of the most controversial issues in national security: balancing the individual right to privacy while safeguarding public safety.” If that’s not soft-pedalling one of the major problems underpinning this whole report, I’m not sure what is. And then the story goes back to enumerating the complaints about how hard it is to access that data.

I do think that the NSICOP report’s findings are a problematic in places because it essentially wants Parliament to thread that needle in a way that makes it sound easy.

In the Committee’s view, the primary way the government could facilitate and enable national security investigations while at the same time protecting Canadians’ right to privacy would be to modernize lawful access legislation, based on clearly articulated principles that reaffirm the requirement for a legitimate need for exceptional, targeted and judicially authorized access emphasize privacy and cybersecurity protections, and define transparency and oversight mechanisms. In light of the complexity of the lawful access challenge, the Committee suggests that the government implement an incremental approach to allow for meaningful engagement with stakeholders and a diversity of input.

I also question the wisdom of encouraging a comprehensive data-sharing agreement with the US, given that they are no longer a functional democracy and it’s probably a very bad thing if their authorities have easy access to Canadians’ data for their own purposes. And these are real problems that Parliament needs to confront, in both the (terrible) omnibus border bill C-2, which has lawful access provisions in it, or how it and the cyber-security bill, C-8, can try and force companies to put in backdoors to their encryption (which at least the NSICOP report says is a bad idea). This is a very problematic area of law, but that CBC story did absolute injustice to it, and most especially about the absolute importance of privacy rights, and why we shouldn’t make it easy for police to access our data whenever they claim it’s necessary (especially because CSIS has a history of not being candid with the courts about why they need information or warrants).

Ukraine Dispatch

Ukraine has hit Russian oil infrastructure in both the Bryansk and Samara regions, which is widening the fuel crisis in that country. Under the theory that Trump repeats whatever the last person he was speaking to says, he was saying that Ukraine can win the war and reclaim their territory with NATO help.

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Roundup: New hate crime legislation tabled

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

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

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

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.”

https://twitter.com/ukraine_world/status/1968289157341647326

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