Roundup: Losing faith in the justice system because of provincial choices

The CBC has a story out about how a retired corporal from the military has lost faith in the justice system because court delays stayed the trial of her alleged attacker, and you can bet that pretty much everyone is going to take absolutely the wrong lessons from this, most especially legacy media.

The administration of justice—courts, Crown prosecutors, support staff—are all firmly within provincial jurisdiction. And for decades, provinces have been under-funding their systems while whinging that the federal government isn’t doing things like making bail harder to get (which is, frankly, unconstitutional). There is a story out of Toronto on the very same day about how staffing shortages—because of the province—have caused closures in courtrooms which led to a different sexual assault trial being tossed because they can’t get a trial within a reasonable time for the rights of the accused. And in the case of the corporal, it was because the Crown prosecutors (again, provincial responsibility) couldn’t get their shit together to push the case forward. And no, this has nothing to do with the federal government not filling judicial vacancies fast enough (which I have condemned this government for). These are all problems that are squarely within the provinces’ responsibilities.

And you can bet that people are going to try to both-sides this military issue because the provinces have been whinging that the military turning over cases to the civilian system is leaving them under-resources, even though it’s a handful of cases and the provinces have consistently made the policy choice over decades to under-fund their system. Trying to shift the blame to the federal government or whine that they’re not getting enough money is a well-worn pattern that we shouldn’t let them get away with. Unfortunately, that’s not in legacy media’s playbook, and you can bet that we’ll get more rounds of angry accusations that the federal government “let this happen” when clearly the failure was provincial the whole time.

Ukraine Dispatch:

Ukrainian forces say they have reclaimed even more territory in the east and south parts of the country, as well as off-shore drilling platforms near occupied Crimea. Ukrainian forces have also been collecting Russian bodies along the “road of death” that they retook in June, so that they can exchange them for their own comrades, living and dead. President Volodymyr Zelenskyy is calling on his country to remain focused on the war, with warnings that a “wartime budget” is coming, meaning this could go on for longer than many have hoped.

https://twitter.com/ukraine_world/status/1701223223440928994

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Roundup: A foreign interference inquiry after all

The announcement finally came down yesterday that the government will be launching a public inquiry into foreign interference, with terms of reference that include China, Russia, and any other state or non-state actors whom they see fit, and that this will be expected to have an interim report by the end of February next year, with a final report at the end of the year. Leading the inquiry will be Quebec Court of Appeal justice Marie-Josée Hogue, who has no national security experience, but says she is “honoured” to lead the exercise (though that is not what I would be feeling). The choice of judge and the terms of reference are apparently all unanimously agreed to by the government as well as the three main opposition parties, which is in part why it took so long, but there are still a few red flags, particularly around the timeline. It doesn’t seem either remotely possible or even plausible that the bulk of the work can be completed in five months (Hogue doesn’t start until the 18th), considering how much time it will take to stand up the inquiry’s infrastructure, and for her and her staff to be properly briefed on how to read top secret information and how to contextualise intelligence. This having been said, Dominic LeBlanc says the government will turn over any Cabinet documents she needs, and Justin Trudeau says he’ll willingly testify before said inquiry when asked to, so they’re certainly making a big show about cooperation.

As expected, the opposition parties fell all over themselves to take credit for this, and chided the government for why this took so long to get to this point, as though they weren’t a big part of the problem, most especially in trying to find someone to lead this process who was willing to do the job and subject themselves to the likelihood of daily character assassination in the process (because as much as they say they’re all in favour of this, the moment they think they can score points off of what is happening, they will have zero hesitation in being ruthless in doing so). Already Twitter was abuzz with her political donation history (Conservative), who appointed her to the bench (Peter MacKay), and her previous law firm (which has Liberal and China connections), so you can bet that there will be those who won’t hesitate to move into character assassination at a moment’s notice.

In related news, LeBlanc says he’ll be meeting with MP Han Dong in the near future to discuss his future and whether he’ll be able to re-join the party given the allegations against him, which David Johnston found to lack credibility in his report. It sounds like LeBlanc hasn’t had the time to deal with this with everything else going on over the summer, so we’ll see where that leads.

Programming note: It’s my birthday this weekend, so I’m going to make it a long-ish weekend on the blog. See you next week!

Ukraine Dispatch:

Russians attacked the Danube port of Izmail for the fourth time in five days, damaging more grain silos and critical infrastructure. Ukrainian forces are gearing up air defences in preparation for another winter of attacks on their energy systems and power grid. President Volodymyr Zelenskyy has tasked his new defence minister with rebuilding trust after a series of corruption allegations in the defence forces, particularly around procurement. Ukraine is also calling for more international pressure on Russia to return the children they have taken from Ukraine over the course of the invasion.

https://twitter.com/billblair/status/1699740567435915664

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Roundup: A rate hold and inappropriate reactions

The big news of the day was that the Bank of Canada opted to maintain their headline rate at five percent, but warned that future rate hikes are still possible, depending on how the data look with future decision dates. This was a decision based entirely on the data—and the very mild contraction in the second quarter are certainly pointing to the fact that the economy is finally starting to slow so that maybe it can start to take the air out of excess demand. Nevertheless, I’m still expecting those three premiers who sent open letters to do a victory lap as though they had any say in the matter.

The bigger problem was Chrystia Freeland putting out an official statement saying that she was pleased with the decision, and while she respects the Bank’s independence, the government will use all of its tools to help bring inflation down (though one is a bit more dubious about that part). Why Freeland’s statement is a bigger problem is because she has a much bigger stick to wield with the Bank, and she has the tools that could force the governor to resign, which we haven’t seen since the Coyne Affair in the fifties, which led to the Bank shoring up its institutional independence. Freeland should know better, but I suspect that with all of the attention being paid to those premiers and their boneheaded open letters that she felt she needed to say something, and to offer some kind of reassurance to the public about the slowly improving state—because this government loves nothing more than reassuring pabulum. To compound that, every gods damned talking head over the past few days has been saying how great it was that the premiers were grandstanding like they way they are, because messaging politics just corrodes and rots our system.

Meanwhile, Jagmeet Singh decided he wasn’t getting enough attention, so he decided to embarrass himself and insist that the federal government can order the Bank to stop raising rates, because he thinks that interfering with an independent institution and forcing the resignation of the governor (which would be the outcome of such a move) are somehow winners for the economy. Singh would also apparently rather see inflation continuing to rip through our economy rather than the short-term pain in wresting it back down, because that is the counterfactual here. His “greedflation” insistence doesn’t bear out in the data, and a windfall tax won’t solve inflation. His suggestion here is beyond amateur hour, and shows that he remains unprepared for prime time.

Ukraine Dispatch:

Russians attacked a market in the eastern city of Kostiantynika yesterday, killing at least 17 people. The UN High Commissioner for Human Rights has recorded 26,717 civilian casualties in Ukraine so far, including 9,511 deaths. US Secretary of State Antony Blinken visited Kyiv, and praised the progress in the counteroffensive to date.

https://twitter.com/zelenskyyua/status/1699405764983415077

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Roundup: A resignation that won’t solve the problem

A couple of days after everyone declared ministerial responsibility dead for Ontario housing minister Steve Clark’s refusal to resign over the Integrity Commissioner’s report and his own gross negligence and dereliction of his duties, Clark did resign, at 9 AM on Labour Day, pointing to an attempt to take the sting out of the messaging. Ford later announced changes to his Cabinet which would put Paul Calandra in the housing file, in addition to Calandra’s existing role as House Leader.

Ford, however, insists that the tainted process for those Greenbelt lands will carry on, and while he is promising a “review” of the process, he won’t do the one thing the Auditor General and Integrity Commissioner have said, which was to cancel this process and start over. In fact, yesterday morning, Ford left open the possibility of reviewing all Greenbelt land and opening it up for development, which is unnecessary for housing needs—he hasn’t even implemented the recommendations of his government’s own housing task force, which explicitly stated they don’t need to develop those lands because there are fifty other things they should be doing instead.

https://twitter.com/MikePMoffatt/status/1699015630316360078

https://twitter.com/StephanieCarvin/status/1699103206893056279

And that hasn’t been all. As this sordid affair continues to drip out, the identity “Mr. X” from the reports has been identified as a former mayor and developer who Ford has ties with, and his operation is practically stuffed with Batman villains. The jokes write themselves, but just make the corruption all the more hard to take.

My latest:

  • My weekend column looks at how ministerial responsibility changed in the age of message discipline, but how Doug Ford and Steve Clark can’t do the bare minimum.
  • At National Magazine, I look at the number of “secret trials” that we have seen come to light recently, and what could be behind them.
  • Also at National Magazine, I get some reaction to the Competition Tribunal’s cost award to the Bureau and the signals that they are sending by it.
  • My column points out just how inappropriate it is for premiers to write open letters to Bank of Canada governor Tiff Macklem, and how it corrodes our system.

Ukraine Dispatch:

Russian strikes damaged more grain warehouses at the Danube port of Izmail. Ukrainian forces say that they have taken more ground in both the eastern and southern fronts, as president Volodymyr Zelenskyy visited two front-line areas. Ukraine’s defence minister is being replaced by Rustem Umerov, a Crimean Tatar, who headed a privatization fund. Ukraine’s parliament passed an anti-graft law that contains a loophole, and many are urging Zelenskyy to veto it as a result. A parts shortage and a dispute over intellectual property rights is hobbling the ability to repair the Leopard 2 tanks we sent to Ukraine. And Ukrainian intercepts show Russian soldiers complaining about poor equipment and heavy losses.

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Roundup: Open Letters to Tiff Macklem

BC premier David Eby decided he needed to be extra performative yesterday, and wrote an open letter to Bank of Canada Governor Tiff Macklem, urging him not to raise interest rates next month because of the “human cost” of these interest rate hikes—ignoring of course the counterfactual of the effects of unchecked high inflation and the “human cost” that it has over the short and medium term.

What is pretty galling in all of this is that Eby knows better. He was once a pretty good civil liberties lawyer, and he fully knows that the Bank is independent, and that they have a legal mandate that they need to fulfil when it comes to keeping inflation at two percent, and that their main policy tool is the blunt instrument of interest rates. His “I know the Bank is independent but…” spiel was frankly embarrassing, and should not have merited the attention it got from the media, but here we are.

Speaking of, Power & Politics was not only true to form in giving him a soapbox to make his point, and rather than doing their jobs of pointing to the irresponsibility of this kind of move, particularly at a time when you also have Pierre Poilievre warning that he’s going to fire the Governor (with what power?) and threatening the Bank’s independence. It would be great if CBC could do a single economics story properly and not just treat it like an issue to be both-sidesed, but they apparently have zero willingness to do so, and the fact that this Eby interview was that ignorant is a sign that they cannot be bothered to care about economics stories for anything than just trying to plug them into their established narratives, and it’s doing the country an extreme disservice.

Programming Note: I’m taking the full long weekend off, so I’ll see you early next week.

Ukraine Dispatch:

Ukrainian forces have reported some success in the south and east, but I am also tickled by their latest video offering, telling all of those armchair generals to basically shut up because they’ve been doing the heavy lifting on their own. President Volodymyr Zelenskyy says that Ukraine has developed its own long-range weapons that can strike 700 kilometres away, which may have been a sly nod to the attack on Russian airbases that destroyed a number of fighters. The mayor of Kyiv wants to build more fortifications, because there always remains the threat from Russia.

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Roundup: The sound and fury of a special committee

NDP MP Niki Ashton sent out a press release yesterday calling on the minister of national revenue to create a special committee to crack down on tax avoidance by billionaires. I have my doubts about just what a parliamentary committee could do on its own. Asking them to recommend solutions seems like a fairly inefficient way to go about it because there are changes put forward every year to close loopholes, and the tax avoidance experts find new ones. 🎶It’s the circle of life! 🎶

My deeper suspicion is that this is mostly just about performing for the cameras, which MPs are increasingly using committees to do rather than doing serious work, and Jagmeet Singh was trying to get in on that in a big way over the past few months, such as his little dog and pony show with the stack of papers that were supposedly all questions he was going to ask Galen Weston, and then promptly did not. Additionally, however, parliamentary resources are constrained because of hybrid sittings, and the injury and burnout rate for interpretation staff, and in the most bitter of ironies, Ashton is one of the worst offenders for abusing hybrid rules, and has pretty much opted to almost never show up in Ottawa. (She may deign to visit once every six to eight weeks, and only if she is required for some kind of media event).

Because economist Lindsay Tedds is one of the foremost tax policy experts in the country, I pointed this out to her, and well, she had thoughts.

https://twitter.com/LindsayTedds/status/1695109929902993636

https://twitter.com/LindsayTedds/status/1695104974353842372

Ukraine Dispatch:

Ukrainian officials say that Russian forces are regrouping in occupied territories in the country’s east, and will likely try another offensive push. Ukraine is also saying they hit a Russian military base deep in occupied Crimea as part of their operation earlier in the week. The Ukrainian government has also dismissed the head of its State Emergency Service after an inspection, but haven’t said what the reason was.

https://twitter.com/ukraine_world/status/1695094695855116732

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Roundup: Cabinet retreat missives

We are starting to see the parade of ministers being trotted out to the media from the Cabinet retreat in Charlottetown, PEI, and first up on everyone’s mind is housing and what the federal government should do about it. And they did hear from experts like Mike Moffatt yesterday, which is good, so we’ll see if anything comes of it. But of course, legacy media has glommed onto the issue of international students and whether they will cap them, without also exploring how that has become a necessary revenue stream for universities after provincial cutbacks and freezes, or the fact that there are a plethora of private colleges that the provinces are supposed to be regulating who have been abusing their ability to bring in international students basically to defraud them of hundreds of thousands of dollars while providing them a substandard education. That should be where more attention is being paid, but we all know that legacy media loves to blame the federal government instead of the provinces, so here we are.

We also heard from Dominic LeBlanc who again gave assurances that a public inquiry into foreign interference is in the works, but they are now trying to find a sitting judge who can lead it, because apparently all of the retired ones and other eminent Canadians who could do the job have all told them no—because who wants to subject themselves to partisan character assassination day-in-and-day-out? Of course, I half suspect that they’re going to get some pushback from the chief justices of the provinces about who could be made available considering that the federal government has been slow to make appointments and it’s contributing to delays and backlogs in the system as is, and taking someone out of circulation for another eighteen months doesn’t help the situation any.

Other ministerial soundbites include Chrystia Freeland insisting that they remain focused on the economy.

Ukraine Dispatch:

Ukrainian forces say they have retaken a strategic south-eastern village as part of the counteroffensive, which continues its southward push. In addition to advanced Western weapons, the Ukrainians have developed a “mini-Grad” rocket launcher made up of old Soviet parts. In Athens, president Volodymyr Zelenskyy met with Balkan leaders, as well as European Commission president Ursula Von der Leyen. Ukrainian media is reporting that a group of saboteurs coordinated with Ukrainian military intelligence services to carry out drone attacks on air bases deep inside Russia, destroying and damaging aircraft. In Denmark, eight Ukrainian pilots have begun their F-16 fighter training.

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Roundup: Agreement on terms of reference?

There were talks between Dominic LeBlanc and members of the opposition parties yesterday over the potential public inquiry into foreign interference, and the Conservatives spent the evening crowing to the media that they came to an agreement around the terms of reference for such a possible inquiry (but this was not confirmed by anyone else). It will be interesting to see what they are, because there was certainly no unified position on how far back they want this to go, and how many countries this might include, because that’s going to have a very material impact on the timeline and the kinds of things that this will consider.

There remains the subject of just who is going to head this particular endeavour, because as I have stated before, you’re looking for a current or former judge who is a) bilingual, b) has never donated to any political party every, c) was not appointed to the bench by the current government, and of course d) is willing to subject themselves to character assassination, because it’s pretty much inevitable, no matter how much this whole exercise is supposed to find unanimity between the parties, because several of them operate in bad faith and this will be amply demonstrated.

Ukraine Dispatch:

Ukrainians are ending rescue operations in Lviv after the attack there two days ago, where the death toll has reached ten. Ukrainian forces also say they are making progress in continuing to move on Bakhmut, gaining more territory. President Volodymyr Zelenskyy was in Türkiye to meet with Recep Tayyip Erdogan, who said that Ukraine deserves NATO membership and pledged to try and extend the Black Sea grain deal. Meanwhile, the US sending cluster munitions to Ukraine puts Canada in a tough spot because we have been leading the international effort to ban them (and landmines) since 2010. And here’s the story of a Ukrainian trans woman fighting both Russians and misogyny and anti-LGBTQ+ hate within her own ranks.

https://twitter.com/ukraine_world/status/1677287692676091904

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Roundup: By-election holds in all ridings

There weren’t really any surprises in the by-election results last night, as both the Liberals and Conservatives held their respective seats. Both Liberals handily won their respective seats, getting over 50 percent of the votes in each riding, and they were a fairly close second in Oxford, but didn’t quite make it in the end with that seat. In Winnipeg South Centre, the fact that the Conservatives didn’t even crack 25 percent of the vote should be of concern to them, because this is the kind of riding they need to win if they’re going to form government, and they can’t. Again, in Oxford, the fact that the results were that close in a fairly safe Conservative riding should give them pause.

And then there’s Portage—Lisgar, and the big showdown with Maxime Bernier there, where the Conservatives wanted to “destroy” him. I’m not sure they succeeded, as the Conservatives got around 65 percent of the vote, and Bernier got around 17 percent, so I’m not sure it’s quite the “destruction” they had hoped for. It also came at a cost where they largely absorbed Bernier’s rhetoric in order to entice his votes to the Conservative party, but that is likely to have consequences, as they shift the Overton window ever further to the right, and far-right talking points become more mainstreamed.

Moving forward, expect each winner to visit their respective caucus meetings on Wednesday, and for Anna Gainey from Notre-Dame-de-Grâce—Westmount to make it into Cabinet in short order during the upcoming shuffle, because she’s one of the few people that Trudeau trusts, which is why the government has as many problems as it does.

Ukraine Dispatch:

Russia launched another large air raid overnight, targeting mostly Kyiv but also other cities but no casualties have been reported. In part this is because Ukraine has been building a three-stage defence system using the technology provided by Western partners. Meanwhile, the counter-offensive slogs on, with Ukrainian officials promising that the biggest blow is yet to come.

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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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