Tag Archives: Appointments

Roundup: Ford bringing back 1890s patronage

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Ontario premier Doug Ford made a rousing defence for his appointing two former senior staffers onto the committee tasked with appointing provincial judges, saying that it’s “democracy” for him to make “like-minded” appointments, which is like a throwback to the 1890s. It’s very true that control of patronage was one of the key reasons why Responsible Government happened in the Canadian colonies back in the 1840s, but there has been a move over decades to professionalise and de-politicise, most especially with the judiciary, and when Ford is talking about needing to appoint his people so that he can get “tough” judges and justices of the peace on the bench, that’s a warning sign that he is backsliding on democratic norms (and he has had a history of very partisan patronage appointments since the very beginning of his government). It’s not that Ford has any particular coherent ideology other than he thinks that locking people up and throwing away the key will please voters, Charter rights, or the presumption of innocence be damned.

https://twitter.com/dwjudson/status/1761064514298986702

This kind of talk undermines the justice system, because it leaves the impression that judges are acting in partisan ways, or who were appointed because of partisan leanings, which is not a feature in the Canadian legal system. And the point Judson made about contagion is because there are people on the political right who feel that they can move the goalposts of what is acceptable for political interference in institutions that should be impartial or independent—and that is a very, very big problem at a time when the political right is undermining whatever institutions they can. It’s a key feature of Orbánism, coming out of Hungary, which the right in America and Canada keeps lapping up. That’s incredibly damaging, and it needs to be called out when it happens, even if Ford isn’t doing this for the sake of becoming like Orbán, but for his own populist ends.

https://twitter.com/dwjudson/status/1761228183674712200

Meanwhile, as an example of premiers politicizing the judiciary, Quebec premier François Legault is attacking the Quebec Court of Appeal as being federally-appointed after they handed him his ass on his attempt to prevent asylum-seekers from accessing the subsidised child care system. Part of this was blasting the Parti Québécois for agreeing with the decision, accusing their leader of “prostrating himself before Ottawa.” That said, Legault is appealing the decision to the Supreme Court of Canada, which is also federally-appointed, so I’m not sure why this will be any different if his logic holds. Unsurprisingly, the Quebec bar association is denouncing this, but this is exactly the kind of contagion being referred to with Ford’s comments, and how they undermine confidence in the justice system. Legault is doing it for his own purposes, and it’s a problem just as much as Ford’s comments.

Ukraine Dispatch:

Russians launched another drone attack against Odesa, which hit a residential building and killed one person and injured another three. Russians are also claiming that they are pushing further west after security Avdiivka. Ukraine took out one of Russia’s early warning aircraft, which is part of their air defences and of which they have very few remaining. Four Western leaders including Justin Trudeau have arrived in Kyiv to show solidarity as the war enters its third year. Ukrainian officials have launched investigations into 122,000 suspected war crimes since the beginning of the invasion, and 511 perpetrators have been identified to date. Meanwhile, Russia has been cranking up its production and refurbishment of old equipment, but there are questions as to whether quantity can outdo quality.

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Roundup: Another day of Guilbeault-baiting

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It’s becoming a little too predictable, and yet here we are again. Steven Guilbeault said something not even that controversial—that we have enough roads to suit our needs so the government isn’t going to spend more infrastructure dollars on major projects to grow them, while they focus on other things like transit and active transport. He’s not even terribly wrong for the most part—there is reams of evidence to show that expanding roads and highways doesn’t cure congestion but merely causes more, so the focus should be on other priorities.

Predictably, everyone freaked out—Conservatives went into full meltdown, and the premiers all lined up to howl about this, when again, they know he’s not wrong, and oh, by the way, there isn’t any money left in the infrastructure fund anyway, so why does it matter? Guilbeault was trotted out to say that he should have been more specific in his comments, and he was mostly referring to the Third Link proposal in Quebec City, which they have no intention of funding, but of course, by that point, the narrative is set as chuds across the Internet have been memeing this for all it’s worth.

Dunking on Guilbeault has become something of a national preoccupation, and news media likes nothing more than to both-sides this sort of thing, taking the bait to continue to give uncharitable readings and framing this as he and the government being “out of touch.” If there’s one thing that makes everyone angry, it’s the whole “war on the car” bullshit that keeps incredibly bad city councillors and mayors in power across this country. And we wonder why we are incapable of serious discourse in this country?

https://twitter.com/s_guilbeault/status/1757961974137168362

Ukraine Dispatch:

Ukrainian forces say that they used naval drones to sink a Russian landing ship in the Black Sea. Here is an explainer of the security assurances that Ukraine is signing with a number of countries including Canada.

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Roundup: A dubious Federal Court decision, but right about judicial appointments

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The Federal Court ruled yesterday that the federal government must start filling judicial vacancies faster because, which is true, but the judgment itself is something of a mess. It’s hard to see how the Court has jurisdiction here, and the judge seems to have invented a bunch of justification and has handwaved around constitutional conventions, and in the end, declared that the government must fill most of those vacancies “in a reasonable period of time,” which is vague and of little value other than the declaration. Emmett Macfarlane has promised a post on this soon, and Leonid Sirota has a thread here taking issue with the reasoning (though not the underlying issue of not making sufficient appointments—everyone is agreed on that point).

I have been writing on this government’s problems with appointments since probably their second year in office, possibly even sooner than that. While you can look up the myriad of columns I have written, the short version is this: The government wants to make diverse appointments (which is good! This is a good thing!) but they insisted on a system of self-nominations rather than going out and nominating people. We know that women, people of colour, and LGBTQ+ people routinely don’t apply for positions like this because society has drilled into them the message that only straight, old white men get positions like this. Even the Liberal Party itself gets this in their candidate selection process, where they set up systems to be persistent in getting women and diverse people to seek nominations. And even with that, the federal government has utterly dropped that ball and thinks that they can simply say “We’re accepting diverse applications!” and expecting those applications to flood in. They seem to act like the Sesame Street sketch where Ernie simply goes “Here, fishy, fishy, fishy!” and the fish leap into the boat. That’s not how this works, and when they don’t get enough applications, it slows down the process tremendously. And after seven years, they have absolutely refused to learn this lesson. Refused! It’s some kind of giant ideological blinder that they cannot get their collective heads around, no matter how many times the Chief Justice of the Supreme Court warns them, or the Auditor General sounds the alarm about vacancies on port authorities or the boards of Crown corporations, or even their process for appointing senators. They absolutely refuse to learn the lessons of their failures.

It does bear mentioning that there has been an uptick in the pace of appointments in the past few months, and filling vacancies for provincial chief justices and associate chief justices has also picked up speed (and yes, I have been keeping an eye out for this). That said, making federal judicial appointments faster won’t solve the problems with our justice system because a lot more of them involve provinces not properly resourcing provincial courts or superior courts, where you have a lot of cases where there are no court rooms or court staff available, and that causes as many if not more problems. The issue of federal appointments, however, is low-hanging fruit so it’s taking a lot more attention than it should, and once again, premiers are being allowed to skate because of it.

Ukraine Dispatch:

Russians have struck a hospital and apartments in Selydove in eastern Ukraine, killing three people. Here’s a look at how Ukrainians are decoding Russian battle communications to save lives on the front lines. Russia is pulling old tanks out of storage and refurbishing them after having lost more than 3000 in the fighting in Ukraine over the past two years. Ukraine’s military intelligence is now saying that Russia has been buying Starlink terminals by way of “Arab countries.”

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Roundup: More of a stage than an institution

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The House of Commons is back today after the Christmas break, and you can pretty much guarantee that there will be a level of awfulness to the discourse, because that’s where things are right now. In fact, when asked over the weekend, former prime minister Joe Clark correctly noted that the House of Commons is “more a stage than an institution” these days. You’ve heard me bang on about this more times than I can count, but it bears repeating—MPs are no longer debating ideas. They are reciting prepared talking points into the record, because those are being used to generate clips for social media. It’s not even for the benefit of news media anymore, like it used to be (which caused its own particular problems with how QP works), because they all think they can just bypass legacy media and speak directly to their own audiences over their socials.

It’s no longer politics—it’s theatre. Bad theatre. The kind where people can’t even memorise their lines, but are full-on reading the script in front of them during the performance, not even on cue-cards that are far enough in the distance, and most of them can’t even be ashamed of their own amateurishness as they adhere to their party’s message, do what is expected of them, and continue to pretend that this is all normal.

And that’s why our democracy is in trouble.

Ukraine Dispatch:

Security officials in Ukraine say that defence ministry officials conspired with employees from an arms firm to embezzle nearly $40 million that was earmarked to buy mortar shells. President Volodymyr Zelenskyy has disclosed his own income as part of a drive for transparency and combatting corruption.

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Roundup: Atwood on authoritarianism

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For a change, I’m not going to give you much in the way of musings, but rather to exhort you to watch this short video, narrated by Margaret Atwood, about how easy it can be for democracy to slip into authoritarianism from either the left of the right, because each has their own motivations for doing so. Knowing their tactics is one effective way of stopping them, because it robs them of their rhetorical power and punch. We need more of this, not less, as things in the Western world get increasingly pulled into the orbits of those justifying authoritarianism, or “illiberal democracy” as Hungary’s Viktor Orbán likes to describe it as. These same actors are on the move here in Canada as well, and we need to shine a light on them and their tactics.

Ukraine Dispatch:

Russian missiles have hit Kyiv and Kharkiv early Tuesday morning, killing at least three. Poland’s new prime minister visited Kyiv to meet with president Volodymyr Zelenskyy, and help smooth over the issue of Polish truckers and farmers blockading border crossings. Zelenskyy also said he is looking to make changes to the country’s constitution to allow for dual citizenships, except for those living in “aggressor countries.”

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Roundup: MPP pay freezes serve no one

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There was a piece in the Star yesterday about how MPPs in Ontario have had their salaries frozen since 2008, with no plans to lift it anytime soon. This is the kind of thing that populist rhetoric engenders, and it’s terrible for the state of our politics. While nobody is in politics to get rich, particularly in Canada, we are pretty miserly about what we want to pay our elected officials, and every time there is some kind of economic downturn, we immediately demand that they either freeze or cut their salaries to “set an example” (which is ridiculous because I have yet to see any senior executives in the private sector freeze or cut their pay in response to bad economic times—they get further bonuses, especially if they manage to reduce payroll during said tough times).

It cannot be understated that we underpay our elected officials, particularly at the provincial and federal levels, for jobs that are fairly 24/7 in most instances—especially in the era of social media where they are expected to perform at all hours of the day and night, and where they can’t go to the store without being expected to be “on” and engaging with their constituents. And in a lot of cases, people take a pay cut to become an elected official, particularly if they are doctors or lawyers. We say we want to attract the best, but the longer this kind of thing goes on, the more it will only attract those who are already wealthy and can live with the pay cut. Oh, and Ontario killed their pensions for MPPs decades ago, so on top of being underpaid, they don’t get a pension out of it either, which just makes it all the worse proposition for someone.

Nevertheless, we already have the astroturfers at the so-called “Canadian Taxpayers Federation” griping that Toronto City Council and the mayor are getting a modest pay rise this year, and because legacy media laps up everything they put out, this feeds the hairshirt parsimony and cheap outrage that makes us look as petty and parochial as our worst instincts tend to be. (Tall poppy syndrome is absolutely one of our national neuroses). This isn’t good for democracy, but nobody wants to make that case, which is why we’re in the situation we’re in.

Ukraine Dispatch:

Russian missiles hit an apartment building and a medical centre in Kharkiv early Wednesday; Russia claims it was precision-targeting a building housing “foreign fighters” that included French mercenaries. Ukrainian forces also downed19 out of 20 drones targeting Odesa. The fighting has intensified near Bakhmut, as Russian forces are making more offensive assaults.

https://twitter.com/ukraine_world/status/1747574419994648962

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Roundup: No need to consult and launder accountability

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NDP foreign affairs critic Heather McPherson tweeted her outrage at the US/UK air strikes against the Houthis yesterday, and Canada’s participation therein (solely in a planning capacity and not contributing any assets), but in her outrage, she decried that Parliament was not consulted before Canadian participation.

This is wrong. Parliament shouldn’t be consulted because it’s not Parliament’s decision.

This kind of decision is a Crown prerogative, and that’s actually a good thing for accountability, because that is the role that the House of Commons should be playing on these decisions—holding the government to account. That’s the whole point of Parliament. MPs don’t govern—they hold to account those who do. And it’s important that we don’t have MPs voting on these kinds of decisions because that launders the accountability. In other words, if the House of Commons votes on military actions, then if things go wrong, they can’t hold the government to account for them because the government can turn around and say “You voted for this, it’s your responsibility, not ours.” That’s how our Parliament is structured, and why it works the way it does.

Oh, but you’ll say. There have been votes in the past! There have been, and they have largely been done for crass political calculations, particularly to divide opposition parties. Case in point was the extension of the Afghanistan mission, which Stephen Harper put to a vote specifically for the purpose of dividing the Liberals in opposition. It’s not how things are supposed to work. The government may announce a deployment or a mission in the House of Commons, and there might be a take-note debate on it, but there shouldn’t be a vote. If the opposition tries to force on as part of a Supply Day motion, as is their right, then it’s non-binding and is explicitly a political ploy, which makes it more transparent than a government’s attempt to launder accountability. And in this particular case, the fact that two or three Canadians are assisting in planning is hardly something that requires debate in the Commons.

Ukraine Dispatch:

Ukraine’s ground forces commander says they need more aircraft to make a difference in pushing back Russian forces. UK prime minister Rishi Sunak was in Kyiv to announce a new tranche of aid, and to address Ukraine’s parliament. A Ukrainian presidential aide says that the amended mobilization bill is expected to pass within days.

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Roundup: NSIRA spanks Global Affair’s intelligence program

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A long-delayed public release of NSIRA’s report into the activities of the Global Security Reporting Program—the “intelligence” arm of Global Affairs, which has diplomats openly engaging with persons of interest abroad—was finally released, and it’s making some waves. In particular, for a programme that isn’t actual covert intelligence gathering has some governance problems, with a lack of coherent policies or training that has led to some lines being blurred, which can make some countries believe this is an actual foreign intelligence service (it’s not, and we don’t have one).

So, with this in mind, here are four threads from some very reputable sources. Stephanie Carvin walks through the report, and breaks down its components, as well as the government’s responses.

https://twitter.com/StephanieCarvin/status/1737569161042096138

Jessica Davis has a shorter walkthrough (with paragraph numbers!) about her own concerns about what she reads in it.

Leah West has a few legal observations about the report.

And Thomas Juneau gives a much more generous read, and places some of the GSRP’s work into better context.

Ukraine Dispatch:

President Volodymyr Zelenskyy dismissed journalists’ questions about whether Ukraine is losing the war, but acknowledges challenges of being in a country under siege. Ukraine’s forces appear to be moving to a more defensive posture, likely because of the artillery shortage.

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Roundup: Making excuses for the Ukraine votes

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You will have seen in Question Period yesterday, and over social media last night, the Conservatives are starting to backtrack juts at tiny bit on Ukraine, but it all rings pretty hollow. In QP, the only tangible thing that Pierre Poilievre could point to their supporting Ukraine was that they called for lethal aid to be sent over before the invasion began (whereas the federal government held off until the invasion happened, and then suddenly started sending it). The rest were all non sequiturs that dated to the Harper era.

Later in the evening, Michael Chong listed a bunch of historical things Conservatives have done to support Ukraine, but concluded that they couldn’t support the free trade agreement because of carbon pricing. Yes, the same Michael Chong for whom carbon pricing was the centrepiece of his leadership campaign. It’s horseshit and Chong knows it, but he sold out his morals, ethics, and credibility long ago to curry favour with the party, and here we are.

Ukraine Dispatch:

The Wednesday missile attack on Kyiv has upped its casualty total to 53 injuries, including several children, but fortunately no deaths. Ukraine’s largest mobile carrier says they are restoring voice services after the Russian-linked cyberattack that crippled their operations.

https://twitter.com/ukraine_world/status/1734886178149503279

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Roundup: The “watered down” oil and gas emissions cap

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The federal government unveiled their oil and gas emissions cap while at COP28, and the predictable reactions happened—the Greens, Bloc and NDP decried it as being too weak and watered down (never mind that there are recent court decisions that the government has to consider when it comes to just how far they can go); Danielle Smith and Scott Moe were performatively angry, even though it pretty much aligns with Alberta’s existing targets; and the oil and gas lobby decried how much money this was going to lose them. Economists point out that this undermines the carbon pricing system even further.

The cap is only on the pollution, not the production, because that would be provincial jurisdiction, so theoretically these companies could continue to increase production if they better control and capture emissions. (Also, refinery emissions are not in these because that’s part of the clean fuel standard). There is also a cap-and-trade system attached to this emissions cap, so that if a facility goes over their targets, they can buy offsets from a company below their cap, as well as pay into a decarbonisation fund.

Now we wait for the inevitable court challenges, and those dragging their feet to comply because they hope that the polls stay true and that Poilievre will form government in two years and they can ignore all of this then, as though climate change isn’t still the biggest threat to our lives, well, ever.

Ukraine Dispatch:

Russians struck the Danube River port infrastructure once again, killing a driver and damaging grain infrastructure. Ukrainians are starting to use rail to bypass the blockade by Polish trucks at their border. And the Ukrainian government has come to an agreement with two American firms to jointly manufacture 155 mm shells in Ukraine, but it could be two or three years before that production can come on line.

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