Roundup: Another threatened frivolous lawsuit

There is a weird little case of monkey-see-monkey-do happening between different conservative parties around the country that has accelerated with the three provincial elections, and Danielle Smith’s upcoming leadership review, and it would all be childish if the stakes weren’t so high. A few days ago, Scott Moe started claiming that the federal carbon levy was costing the jobs of teachers and nurses in the province—a transparently bullshit claim—but the talking point got picked up in Question Period by Pierre Poilievre, and soon other premiers were doing it, including Danielle Smith. Yes, it demonstrates an intellectual and moral bankruptcy that is stunning to behold, but also just how little imagination there seems to be among parties on the right in this country (not that the NDP has much imagination of their own, as they crib the notes of the “justice Democrats” in the US with alarming frequency).

After Blaine Higgs declared that he was going to launch a fresh legal challenge against the federal carbon levy—which will immediately be thrown out of court—Danielle Smith decided she couldn’t let that one go either, so she is now threatening a new legal challenge of the federal Impact Assessment Act, which has just been through changes after the Supreme Court ruled that the earlier version did not pass constitutional muster. And just like Higgs’ challenge that has no new legal arguments to draw on, Smith is also citing things that are not legislative in nature as she plans to challenge the amended law.

The federal government isn’t having it, and Steven Guilbeault has called her out over this, but I’m not sure her behaviour will change too dramatically once she’s on the other side of her leadership review because, well, she needs to prove to her base that she is doing more than just listening to them, but acting on their batshit crazy desires as well, so we’re going to see more of this nonsense going forward.

Applies to the vast majority of #cdnpoli.

Dale Smith (@journodale.bsky.social) 2024-10-04T23:00:28.266Z

Ukraine Dispatch

Ukrainian force shot down nine out of nineteen Russian drones targeting critical infrastructure overnight Thursday. Russian advances have knocked out about 80 percent of the critical infrastructure in the logistics hub of Pokrovsk, which they are trying to capture. President Zelenskyy visited the Sumy region, which borders the captured areas in Russia’s Kursk region. Reuters has a photo gallery of the all-female anti-drone mobile air defence unit known as the “Bucha witches.”

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Roundup: Filibustering their own motion

The current privilege fight has ground business in the House of Commons to a complete halt, thanks to the tactics of the Conservatives, and they are trying to use this as some form of blackmail on the government, particularly as the government has been unable to move the legislation around the capital gains changes. Andrew Scheer even tried to be cute during the Thursday Question yesterday and said that if the government can’t conduct its own business, then they should call an election. Because of course he did.

While I won’t relitigate why this is an abuse of privilege that sets a terrifying precedent, it has been called out by the Government House Leader that the Conservatives are filibustering themselves because the whole point of this is that it’s supposed to go to the Procedure and House Affairs Committee so that it can be decided upon what should happen, but that’s inconvenient for the Conservatives. They would rather put up every single MP to speak to this issue to run out the clock, and so that they can all recite prepared scripts that scream “Liberal corruption!” even though that’s not what the Auditor General found. (Yes, there were conflicts of interest, but the government was not implicated in this at all). Gould asserts that the Conservatives are trying to keep it away from committee because the moment that committee starts calling witnesses, legal experts will point out the abuse of the parliamentary privilege powers and that this is banana republic behaviour, and she’s not wrong, but the bigger issue here is that the plan  of the Conservatives is to make the House of Commons as completely non-functional as possible through abuse of this privilege debate (which again, should have been over in a couple of hours at most with the matter sent to committee) so that they can claim further justification for an election.

If the other opposition parties wised up and stopped playing along with the Conservatives in their desire to embarrass the government for their own partisan aims, Parliament could be functioning a lot more smoothly and things they want to get passed could, but none of them seem to care much about the long-term implications of their actions (like the banana republic precedents) because scoring points is too much fun. There also remains that the government could prorogue Parliament for a day or two in order to kill the privilege motion, but that could set them up for bigger headaches, particularly as they want certain bills out of the Sente and prorogation would reset the clocks on them. In any case, the dysfunction is intentional, and the Conservatives need to be called out on the lies they are spreading to justify this behaviour.

Ukraine Dispatch

Russia launched a major drone attack over Ukraine, targeting 15 regions; casualties included two adults and a child after a drone struck a fuel truck in Chernihiv. Ukraine did hit Russian radar stations inside the country with long-range missiles, while Ukraine’s top commander has ordered defences bolstered in the east after the loss of Vuhledar. New NATO secretary general Mark Rutte visited Kyiv as his first trip in his new role.

https://twitter.com/ukraine_world/status/1841746253052321929

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Roundup: Setting a precedent in this privilege fight

There was a privilege debate in the House of Commons yesterday, and it’s expected to carry forward through today, on the subject of the refusal by certain entities, including the Auditor General, to turn over documents related to Sustainable Development Technologies Canada with the intention that they be turned over to the RCMP, even though the RCMP says they don’t want them, in part because it could be tainted evidence that may not stand up in court. This has been an abuse of the Commons’ privilege around the production of papers, in large part because they’re not for the benefit of the Commons or its committees, but to turn them over to the RMCP, which is also interference in their independence. Having politicians direct the police in terms of who they want investigated is the stuff of banana republics or authoritarian regimes, and it amazes me that neither the Bloc nor the NDP could recognize that fact in their quest to use any tool at their disposal to embarrass the government.

The government’s counter-argument to this abuse of privilege is not only that this erodes the independence of officers like the AG, or the RCMP, btu this becomes a dangerous precedent when it comes to Canadians’ Charter rights, particularly around unlawful search and seizure. The Conservatives mock this argument in saying there is no Charter right for government documents, but that’s the thing about precedents when you have a party who is willing to use the authoritarian playbook to their own ends. Today it’s government documents, but how long before it’s a private individual whom they want to embarrass or to encourage police intervention? We watched the Conservatives (with the assistance of the Bloc and the NDP) haul one of the partners from GC Strategies before the bar of the House of Commons, against his doctor’s wishes because he was in the midst of a mental health crisis, because they wanted to embarrass him publicly. It looks like we’re about to get something similar with Randy Boissonnault’s former business partner, who is the subject of the second privilege debate that will be taking place, possibly later today, who has also not turned over demanded documents to the committee as they are on a witch-hunt to find “corruption” that the Ethics Commissioner has repeatedly found no evidence of. And as a reminder, there has been no evidence of any criminal behaviour with the SDTC allegations, but they are trying to find that evidence using the most ham-fisted and abusive methods possible.

Having parliament go after private citizens because they’re on private little crusades, mostly for the benefit of social media clicks, is a terrifying prospect for the future, and yet we are careening down that pathway. Speaker Fergus has been useless in putting his foot down against the abuse of Parliament’s powers in this way, and we may yet be in for another Supreme Court of Canada showdown on defining these powers and when parliamentary privilege because state-sanctioned harassment. But in the meantime, we’ll see the Conservatives drag out these privilege debates in order to derail the government’s agenda, because that’s the level of absolute dysfunction we’re at.

Ukraine Dispatch

A Russian guided bomb struck an apartment block in Kharkiv late Wednesday, injuring at least ten civilians. There were also drone attacks on port infrastructure in Odesa and attacks on power systems in Sumy region. Ukrainian forces are withdrawing from Vuhledar after two years of grinding combat, which some describe as a microcosm of the current state of the conflict.

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Roundup: A promise to waste millions of dollars

There are a lot of stupid, performative things being said right now, particularly in those three provincial elections, but one of the dumbest yesterday was courtesy of incumbent New Brunswick premier Blaine Higgs, who promised that if re-elected, he will mount a new legal challenge of the federal carbon levy. And to make that worse, several Conservative MPs picked that up and declared during Question Period that the challenge was already underway (it’s not), as though it were a devastating argument for their demands to “axe the tax” or to call an election.

Higgs’ promise is premised entirely on bullshit. There is no basis for him to mount a new challenge because nothing about the programme has changed since the Supreme Court of Canada already ruled that it’s constitutional and within the powers of the federal government, particularly because of the existential challenge that climate change poses to Canadians. The fact that the price is increasing or that we have been though a bout of higher inflation—which has already stabilised and returned to target, and for which the carbon levy did not actually cause any of said inflation because that’s not how inflation works—don’t change any of the legal bases or arguments around the levy. And because the Supreme Court of Canada has already ruled, any lower court that Higgs tries to mount a new challenge in is going to tell him to go pound sand.

Higgs is essentially promising to waste hundreds of thousands of dollars in legal fees, because you know that when the courts tell him to go pound sand, they’ll also tell him to reimburse the legal costs of the federal government because they wasted everyone’s time and money in bringing such a frivolous suit in the first place. But there is a political calculus, particularly on the right, where they are prepared to waste millions of dollars in doomed legal challenges because they think that it’s good electoral calculus to show that you’re fighting. Federally, Conservatives have made this argument a number of times when the government didn’t pursue doomed appeals and just made changes, and no doubt Higgs figures that this will work the same way for him. But then again, I guess they’re not bothered by the cognitive dissonance of “we need to balance the budget” and “we need to waste millions of dollars on a doomed legal crusade,” because that might require introspection or self-awareness, both of which are in incredibly short supply in politics these days.

Pretty much all of #cdnpoli. It's really hard to be optimistic about any of it right now.

Dale Smith (@journodale.bsky.social) 2024-10-01T14:21:44.377Z

Ukraine Dispatch

Six civilians were killed and more wounded when Russian artillery struck a bus stop in Kherson. Russian troops have also reached the centre of Vuhledar, a Ukrainian bastion in the strategic high ground of the Donbas region, which is significant because of where it borders and the supply routes it controls. Ukraine is also investigating an apparent shooting of sixteen POWS by Russian troops.

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Roundup: A double standard on barring speeches

There was a story in the Star yesterday that I hadn’t actually noticed happening, which is that Liberal MP Yvan Baker has been barred from speaking in the House of Commons until he apologises for saying that the “Putin wing” had taken over the Conservative Party on March 20th. Baker says he has no intention of apologising for what he considers to be the truth, and the Speaker, as usual, makes little tut-tut noises about what Baker said, never mind that there is a giant double-standard at play.

If Fergus is concerned about MPs alleging that their colleagues “stand four-square behind dictators,” it’s funny that the consequences only seem to apply to Baker. After all, Conservatives on a frequent basis have said that Trudeau is in the pocket of dictators, and that he allowed foreign interference on their behalf because it benefitted his party. (There is absolutely no public evidence of this). And most egregious was that Conservative MP Rachael Thomas has said on the floor of the Commons that Justin Trudeau is a “dictator,” and she faced absolutely no censure for saying it, which makes it really hard to see why Baker is being singled out for being hyperbolic—the point was about which elements of the party’s base that Poilievre is pandering to as opposed to saying that Poilievre is under Putin’s sway—when nobody else is. (I will note that Conservative MP Mark Strahl was barred from speaking for several weeks because he refused to withdraw the remarks that someone was lying, which is a big no-no under the rules of Parliament—rules which are now being absolutely abused—but he did eventually do so).

What is perhaps the most galling in all of his was the statement that Andrew Scheer gave to the Star, in which he says “Liberals should not whine and complain because they were caught spreading disinformation and lies to divide Canadians and cover for their own total failures on Ukraine.” Erm, serial liar and promoter of conspiracy theories Andrew Scheer is lecturing Liberals on the subject, when he faces zero consequences for lying in the House of Commons on a daily basis. We already knew he had absolutely no sense of shame, but it definitely extends to a complete lack of self-awareness as well. Just utterly ridiculous.

Ukraine Dispatch

It was another bloody weekend in Ukraine which saw waves of drone attacks targeting Kyiv last night, the pounding of Zaporizhzhia with guided bombs earlier, the death of a top judge after an attack on Kharkiv, and an attack on a hospital in Sumy that killed ten. President Zelenskyy says that the front lines are “very, very difficult” as autumn descends on the conflict.

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Roundup: The Bloc vs the Senate

The Bloc Québécois are getting a taste of what the Senate does and why, and they’re not happy. The Senate has been slow-walking Bill C-282, which aims to forbid a government from negotiating any further reductions to Supply Management in trade negotiations, and it’s a bad bill. Nevertheless, it passed the House of Commons, because MPs are sometimes sentimental fools and will vote for things that they think are feel-good without actually thinking through the consequences. This was one such bill, where MPs voted on it nearly unanimously because they fell all over themselves to show how much they all loved Supply Management, neverminded that it’s a bad bill. Now that it’s in the Senate, with some actually knowledgeable former senior civil servants in the Chamber who know what they’re talking about have the bill in their hands, and they’re not giving it an easy ride.

The essential complaint is that the bill constrains the royal prerogative around trade negotiations, which could have serious consequences down the road. I’m not sure it’s quite as serious as that—you can’t really bind future governments and this bill, should it pass, could be easily repealed (say, in the next budget implementation bill), but there won’t be an easy passage on this, and for good reason. The Senate exists to put a check on the populist excesses of the House of Commons, which is why they have an absolute veto (only exercised in extreme circumstances, mind you), and who can say “Hey, you guys didn’t do your due diligence, so now we’re going to.” It is their raison d’être, whether MPs like it or not, and it’s especially important for private members’ bill because they are pre-time allocated under the rules and get very little scrutiny, even when they really need it.

The Bloc, however, are trying blackmail. In Question Period yesterday, they were demanding that the government tell senators to pass the bill, or they’ll topple the government. But the government can’t tell the Senate what to do, and as I mentioned in a previous post, there is no mechanism by which the Government Leader in the Senate could fast-track such a bill, even if they wanted to, because it’s a private member’s bill. Furthermore, with a Chamber of mostly-independent senators who have a job until age 75, they are not bothered if the government falls. The blackmail doesn’t really work on them because their seats aren’t in jeopardy, and I’m not sure what the Bloc thinks they’re doing, particularly in trying to blackmail the government into passing this bill as well as their OAS bill (which remains unvoteable as they are unlikely to get a royal recommendation). In either case, they are learning the hard way that the Senate is not a rubber stamp and they can’t expect to order it around as though it were.

Ukraine Dispatch

Three people were killed in a Russian missile attack on the central city of Kryvyi Riv, and another three were killed in a drone attack on the southern city of Izmail. Nine children taken to Russia during the invasion have now been returned to their families in Ukraine thanks to help from Qatar.

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Roundup: A promise to interfere with media

It was late in the afternoon yesterday that CTV announced that the two-person team responsible for the manufactured quote of Pierre Poilievre “are no longer with CTV News.” The breach of journalistic ethics in manufacturing a quote because you needed it to fit your narrative, despite the fact that the quote you had available wasn’t really useable, makes this understandable, and these are consequences that can happen. I’m less concerned about that as much as I am about the other signals that have been sent, particularly by the Conservatives.

https://twitter.com/acoyne/status/1839452343596720522

The fact that Conservative MP Michelle Ferreri, a former journalist herself, is promising that Poilievre is going to “restore journalistic ethics and integrity” should be lighting up every single alarm around the country because that is a promise to politically interfere in the media and its independence. It’s not enough that they have successfully bullied and intimidated one of the largest media outlets in the country, but they are promising more of this, but they plan to ensure that media falls in line. And then there’s the hypocrisy—that they align themselves with PostMillennial, True North, and The Rebel, all of whom have demonstrated a lack of ethics, or commitment to things like facts. The fact that this is a party that has made outright lying their chief strategy shows exactly why this kind of war with legitimate media outlets is so dangerous for our democracy.

On another note, there were a number of stories yesterday about NDP MP Leah Gazan tabling a bill to make residential school denialism illegal, and that this was done in advance of National Truth and Reconciliation Day. The problem? Not one of the stories from any of the outlets (National Post, CBC or The Canadian Press) bothered to mention that Gazan has already used her private members’ business slot in this parliament for her cockamamie “basic income framework” bill, and it went to down to defeat earlier this week. That means that this bill is going to languish on the Order Paper and never see the light of day. The CP copy did note that “The chances the bill actually will be debated and pass into law are slim without it being adopted as a government bill by the Liberals,” but that obscures the fact that she used her spot, so the whole point of her tabling this legislation is performative.

Parliamentary procedure and rules matter, and if you ignore it, you wind up looking like a fool for spending your dwindling resources covering legislation that will never, ever see the light of day.

Ukraine Dispatch

The Russians launched a five-hour aerial attack on Kyiv overnight, again targeting the power grid. There was also shelling of Kherson in the south that killed one, rockets launched against Kharkiv, and more shelling in the Donetsk region that killed three.

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Roundup: Why the Bloc’s two-bill demand is actually impossible

In advance of yesterday’s confidence votes, Bloc leader Yves-François Blanchet laid out his new conditions for support ongoing—government support for Bills C-282 and C-319, and for them to pass by October 29th. The problem? These are both private members’ bills, and the government has little control over when either can pass, and you would think that as parliamentarians who know the system and who like to pretend that they are the adults in the room would know that such a deadline is an impossible ask, but we are unfortunately in the stupidest timeline.

For starters, Bill C-282, which seeks to protect Supply Management in future trade negotiations, has already passed the House of Commons and is in the Senate, but senators don’t seem keen on passing it with any alacrity because they want a better sense of how this will tie the government in the future. The truth is that it can’t—you cannot actually bind a future government with legislation, so this is little more than a handwavey gesture that a future government can repeal at any point, making this a giant waste of everyone’s time and resources. But more to the point, as a private member’s bill, there is no mechanism in the Senate to speed it along, and certainly not one that the Government Leader in the Senate possesses. In fact, when the Conservatives tried to change the rules of the Senate on this in the Harper years, there was tremendous pushback and the attempt was dropped.

The other bill, C-319, is the bill to increase the OAS for seniors aged 65 to 74, for which there is no reasonable justification for (there are other mechanisms to deal with the needs of low-income seniors), and would cost something in the order of $3 billion per year. It passed the House of Commons at report stage yesterday, but again, it’s unlikely to pass third reading by October 29th even if it gets a royal recommendation, which it needs to spend money (which PMBs are normally forbidden to do). So if the government gives it the royal recommendation, and if they get it passed the House of Commons before the 29th, once again, there is no mechanism to speed its passage in the Senate. None, for very good reason. The Bloc made a big show yesterday of insisting that their demands were reasonable and that the bills were sufficiently advanced to make the deadline reasonable (when it’s really chosen so that an election could theoretically be held before Xmas), but they are in fact impossible, and nobody actually pointed that fact out yesterday.

Meanwhile, the Star has gamed out other demands from both the Bloc and the NDP for potential support going forward, and how feasible or how costly they are, and most of it remains in the domain of fantasyland. Price controls? Giving Quebec full immigration powers? Nope and nope.

Ukraine Dispatch

Russian guided bombs struck Kramatorsk in the east, killing at least two and injuring twelve more. As well, 28 out of 32 Russian drones were downed overnight. Also in east Ukraine, Russian forces claim to have captured two more villages on the path to attacking the town of Vuhledar, considered a stronghold.

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Roundup: Add another boycott to the list

The Conservatives have decided that they don’t accept CTV’s apology for reconstructing a Poilievre quote for a piece, and have decided to boycott them, which basically adds to the list, on the flimsiest of excuses, while Poilievre goes about trashing the company CEO and claiming that he somehow directed the journalists in the piece to mangle the quote for some unknown end (it certainly wasn’t “malicious” as they are whinging), because if there’s one thing the Conservatives love to do, it’s to drum up some elaborate but stupid conspiracy theory.

Some people have asked why exactly he’s doing this, and it’s not just rage-farming. It’s a very careful and systematic war against media outlets because one thing that authoritarians and wannabe authoritarians do is delegitimise media sources so that they can undermine the shared reality we live in. The Americans have long-since done this with Fox News being a separate and alternate reality to our own, with a whole set of separate facts and narratives that don’t correspond to objective reality. And as the joke goes, the Fox News of Canada is Fox News—people simply consume it over the border. Poilievre is taking this page out of the authoritarian playbook and is running with it to its fullest. This is deliberate, just as it’s deliberate that they want you to believe that Justin Trudeau is a censorious jackbooted dictator who has turned Canada into a communist hellhole, and they don’t want media to dispute that depiction through things like facts. Legacy media is hurting these days, but it remains important for these very reasons.

(Meanwhile, can I just point out that of course JP Tasker, who wrote the CBC piece, went to Peter Menzies for comment. Menzies recently wrote an op-ed in The Line that we need to validate the feelings of white supremacists if we want to avoid race riots like we saw happen in the UK. There were so many more qualified people to speak to the situation of journalism and politicial parties going to war with outlets, and Tasker chose him. Honest to Hermes…)

Ukraine Dispatch

Russian guided bombs hit an apartment block in Kharkiv, and Russian attacks on two other towns in the eastern part of the country, filling three more. Ukrainian forces say they dislodged Russians from a processing plant in Vovchansk after hand-to-hand combat. At the UN, president Zelenskyy called for support for their actions with their “peace plan” rather than just talks with Moscow.

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Roundup: An own-goal that makes it worse for everyone

It was an own-goal for the media today as CTV was found to have spliced a Poilievre quote in a news story and was forced to apologise for it. Of course, this had every single Conservative salivating and insisting that this was “proof” of “fake news” and that media were trying to be unfair to Poilievre, and that this was in service of their government funding (which television outlets like CTV don’t get), and other ridiculous accusations of bias. Because that’s where we are now.

While I don’t personally know what happened, what is likely to have happened was you had someone trying to fit the story into their both-sides narrative frame and needed a short quote, and took the long paragraph from Poilievre and extracted words to come up with what they were looking for to fit the piece. It’s bad practice, but it’s almost certainly not done with malevolent intention, but because they’re overworked, under-resourced, and lacking proper editorial supervision, as with nearly every outlet these days. Because that’s where every media outlet is at, and it’s not sustainable, and things are going to continue to deteriorate if we try to keep doing what we’re doing.

This being said, the Conservatives’ war against the media is only going to get worse, and this incident, plus others, shows that they have a vested interest in catching out every single mistake from media, or to invent problems where they didn’t actually exist. For example, Poilievre likes to go on about the three corrections that The Canadian Press made to a story about his remarks, but the “corrections” were because the writer had spelled out what Poilievre was only referring to obliquely (quite deliberately) and Poilievre complained that he didn’t say what the story says he did, even though he actually did if you thought about it for more than five seconds. But this is the kind of petty, bad-faith bullshit that they’re going to engage in, and most of our media outlets are unprepared to deal with it. Legacy media is in serious trouble in this country, and it’s only going to get worse as this campaign against them from Poilievre intensifies.

Ukraine Dispatch

Russian forces made a new series of strikes on Zaporizhzhia, killing one. At the Permanent Court of Arbitration in the Hague, Ukraine is accusing Russia of trying to illegally seize control of the Sea of Azov and the Kerch Strait. President Zelenskyy is in the US, not only to attend the UN, but to discuss his “victory plan” with the American government.

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