Roundup post: Expediting a dubious legal challenge

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On Saturday, the Federal Court ruled that they would hear an expedited case on the legal challenge of the granting of prorogation, citing the “critical” nature of the Trump tariff threats, and that this somehow requires the legislative branch of Parliament to be operating when in fact it does not.

Part of the problem is that the UK Supreme Court did overturn a prorogation when Boris Johnson requested it in the lead-up to Brexit, which led a bunch of bad actors in this country to decide they could use that precedent to challenge its use here, never mind that prorogations function slightly different in the UK (there, it tends to be an annual affair, separating shorter legislative sessions, which is not how it has operated here in many decades). There should be no reason why that precedent should apply in Canada at all, let alone in this particular circumstance, but we are dealing with people grasping at legal straws because they want to be able to run to the courts when they lose at politics, which is a Very Bad Thing for democracy and our entire constitutional order.

More to the point, nothing was happening in Parliament before the prorogation because of the filibuster, and everyone was threatening non-confidence when it did resume in January, so an election wouldn’t provide Parliament any ability to “meaningfully debate” the Trump tariffs then either. These arguments are specious, and I trust the judge will throw them out of court once the hearings happen, but unfortunately, these are not normal times, and we could be in for a very bad result if government lawyers can’t argue their case well enough.

Ukraine Dispatch

An overnight missile and drone strike killed six, including three in Kyiv. Russia claims to have captured two more settlements between Pokrovsk and Kurakhove. Ukrainian forces claim a pair of attacks on oil depots in Russia’s Kaluga and Tula regions.

Good reads:

  • For the inauguration, Danielle Smith didn’t get coveted indoor access and now has to watch from the embassy, while Doug Ford is sending a delegation to Washington.
  • The Star has an overall look at what to expect after Trump’s inauguration.
  • There are concerns about what influence Elon Musk might have with Trump when it comes to his desire to meddle in Canadian politics.
  • A CBC investigation shows that Russian oil has been coming to Canada by way of circuitous routes that find loopholes in the embargo.
  • Both Chrystia Freeland and Karina Gould formally launched their leadership campaigns on Saturday, Freeland as a fighter and Gould as the grassroots patriot.
  • Here is a look inside the glitches that marred Mark Carney’s launch. Mélanie Joly has thrown her support behind Carney, and is seen as a boon for Quebec organizing.
  • Kevin Carmichael ponders the difference between economic resilience and cushioning shocks, and what that could mean in the context of Trump threats.
  • Anne Applebaum recounts the political crisis that Trump has precipitated in Denmark over his predations around Greenland.
  • Simon Lewson talks to Nathaniel Erskine-Smith about his new role as housing minister, and what he hopes to accomplish in a short timeline.
  • Shannon Proudfoot remarks about the Erin O’Toole/Jenni Byrne dust-up last week, and what it says about politics, and political leaders who just pick fights.
  • Philippe Lagassé explains the procedural mechanics of having a prime minister who doesn’t have a seat in Parliament.
  • Susan Delacourt looks at the Trump factor in the Liberal leadership race and provides some additional historical context on Liberal leaderships past.
  • My weekend column notes how Jagmeet Singh’s desire to look tough has endangered the very things he claims to be fighting for.

Odds and ends:

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