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: 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: Singh’s unfinished business

As you probably saw, the big news yesterday was Jagmeet Singh melodramatically ripping up the supply-and-confidence agreement with the Liberals—well, except he didn’t really, but he posted a social media video and hid from reporters the whole day, and locked down all of their MPs from speaking…but then put up the party president, who didn’t know what she was talking about, and basically humiliated herself on national television, so that was…something. I’ve already expounded upon the events in a column here, but I will reiterate that the procedural warfare we’re about to see is going to be absolutely ridiculous, and Singh not only doesn’t understand jurisdiction, but also how Parliament works. He’s doomed the very things he claims to care about for the sake of hollow performance.

https://twitter.com/journo_dale/status/1831387238279819412

Here’s a look at what was accomplished from the agreements in the deal and what wasn’t. Pharmacare hasn’t crossed the finish line, so I’m not sure why both the Liberal and NDP are talking like it has (especially because no province has signed on yet). There was also an unfinished commitment to a safe long-term care legislation, which has only completed consultations, but again, this is pretty much entirely within provincial jurisdiction, so I’m not sure how meaningful any federal legislation is going to really be on it. As well, the Elections Act changes promised in the agreement are still being debated. More than anything, the fact that the NDP pulled out of the deal nearly a year early when the Liberals were living up to their side of it looks an awful lot like Singh and the NDP are operating in bad faith, and it doesn’t speak highly for anyone trusting them in any future agreements.

In pundit reaction, Althia Raj defends Singh’s actions, saying it was necessary for the NDP to rebrand themselves as change candidates in the next election. The legendary Don Newman points out that Singh traded policy wins for political power, and that this move will actually cement Trudeau’s leadership since it will be deemed too risky to hold a leadership contest now. Paul Wells notes that Trudeau’s tactic appears to be just staying the course and saying or doing nothing as everything happens around him, so we’ll see how that works for him as the fall rolls along. And as always, the Beaverton got it right.

Ukraine Dispatch

The overnight missile and drone attack Wednesday killed four people in Lviv, while more energy facilities were targeted in nine regions. Here is a lengthy piece about the first F-16 pilot killed in the war. Ukraine’s foreign minister has also resigned in advance of an expected government shake-up.

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Roundup: Another Longest Ballot initiative

The chuckleheads at the “Longest Ballot Committee” have struck again, this time with the by-election in LaSalle—Émard—Verdun, where they have ensured that there are 91 names on that ballot, which surpasses the number they have on the Toronto—St. Paul’s by-election ballot. And no, this is not Conservative skullduggery as many people like to suggest—this is the work of proportional representation fetishists who think that stunts like this will somehow convince the federal government to bow to their demands and institute PR, which isn’t going to happen. Why? Because we’ve been through this process before, and the hot garbage report that the parliamentary committee produced called on the government to invent a bespoke PR system whose main features were going to essentially be impossible to implement without massive constitutional change (because seats have provincial allocations and you can’t achieve a low Gallagher-index score with as few seats as many provinces have) or massively increasing the size of Parliament.

These stunts, however, are pretty much going to guarantee that electoral reform is coming in the form of increasing the thresholds for getting on the ballot, and restricting the kinds of nonsense that enabled these stunts, such as allowing a single person to be the official agent for the vast majority of these names. There is already an electoral reform bill in front of the Commons, which was intended to do things like allow for more early voting days and greater accessibility options, and that means it’s going to be very easy to add in an amendment that will help thwart these kinds of cockamamie tactics going forward. They haven’t helped their cause, and their self-righteous justifications for doing so have actually hurt themselves more than anything.

Ukraine Dispatch

The latest barrage of Russian missiles killed six people across two regions, which included another hotel being targeted. Ukrainian forces also noted that many of those missiles were shot down by their new F-16 fighters. While Ukrainian forces continue to advance in Kursk, Russian forces continue to press toward Pokrovsk because it is a strategic rail hub. Ukrainian drones have hit a Russian oil depot in their Rostov region, and started a fire. President Zelenskyy says that he will present a plan to Joe Biden to help pressure Russia into ending the war.

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Roundup: Sutcliffe gets a federal no

With a bit of an apology to non-Ottawa residents, but our mayor, Mark Sutcliffe, is trying to blackmail the federal and provincial governments for more money, and insists that the city’s budget shortfall isn’t his fault. That’s a lie, and his low-tax austerity plan has bitten him in the ass, and he wants someone else to bail him out, but man, has he made some choices. There is plenty about the budget hole that is his fault, not the least of which is pandering to rural and suburban voters at the expense of downtown meaning that their property taxes stay low while downtown’s are high (under the rubric that multi-unit buildings put more strain on the system, rather than the cost of extending the system to ever-more-distant suburbs and exurbs). In fact, during the last city election, his main rival warned him that his plan had a massive budget hole in it and lo, they were proved right. Funny that.

Well, the federal government isn’t having any of it, and for good reason, not the least of which is that they are not in the mood to set the precedent that bailing out one city because of their poor choices, which will lead to every other city demanding the same, and no, the whole issue of payments for federal properties in lieu of property taxes are not justification. So, Sutcliffe is pretty much out of luck, because I’m pretty sure that Doug Ford is going to give him much the same response. Of course, this is likely just a PR move so that he can justify the tax increases that he should have instituted two years ago, but making the federal government your punching bag to justify doing your own job is pretty sad.

Ukraine Dispatch

In spite of Ukraine downing all 27 drones Russia launched overnight Thursday, Russians bombed a shopping mall in Kostiantynivka in the Donestsk region, killing at least 14 people. The UN says that July was the deadliest month for Ukrainian civilians since 2022. Russia has declared a federal emergency as a result of the Ukrainian incursion in Kursk. Ukrainian forces also raided Russian forces on the Kinburn Spit in the Black Sea, and hit an airfield with their drone attack on the Lipetsk region.

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Roundup: A predictable lack of self-awareness of her rhetoric

As day follows night, it was not only predictable but absolutely inevitable that Danielle Smith would immediately start parroting Republican talking points to condemn the rhetoric of her political rivals for the increase in political violence in the wake of the assassination attempt on Donald Trump. And because this is Danielle Smith, there is absolutely zero self-awareness of her own history of violent political rhetoric and encouraging it among the more swivel-eyed elements of her political base in reference to her rivals.

In fact, here are some examples of how Smith’s past rhetoric has put lives in danger, which, again, she refuses to take absolutely any responsibility for. No, it’s the “progressive left” with their “cancel culture” that is creating this violent rhetoric.

Meanwhile, Pierre Poilievre says he worries about the safety of his family, but rejects any notion that he has to tone down his own political rhetoric, where he accuses the prime minister of selling out the country to foreign powers, or offering succour to the “convoy” crowd and their flags denoting their desire to have sex with the prime minister, while refusing to condemn their violent rhetoric (such as images or actual nooses that they carry as part of their grievance cosplay). It should be little wonder then why Canadian intelligence services worry that threats to politicians are increasing because those people see that there’s no consequences for them doing so. Indeed, this comes at the same time as the former Army reservist who crashed into the gates of Rideau Hall with a truck full of guns got out on statutory release. It was a short sentence (he was sentenced to less than half of the maximum), and seems to be no worse for wear from it. It certainly gives all of the impression that we’re not taking it seriously.

Ukraine Dispatch

Ukraine’s navy says that the last Russian patrol ship has left Russian-occupied Crimea to be re-based elsewhere, thanks to Ukraine’s campaign of naval drones causing significant damage to Russia’s Black Sea Fleet. President Volodymyr Zelenskyy says that Ukraine still needs another 25 Patriot missile defence systems, and more F-16s in order to protect the country from further Russian strikes.

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Roundup: It’s not logistically impossible

For the past week-and-a-half, it has been nothing but handwringing over the Toronto—St. Paul’s by-election results, and the demands that Justin Trudeau either step aside, or to at least meet with his caucus. I took a full week for Trudeau to finally take questions from the media and said that he’s “committed” to staying on the job. And in response to the demands for an in-person caucus meeting now and not in September, Trudeau said he’s having one-on-one conversations with members of the caucus, and some of them are saying he needs to change “key players.”

And then comes along Liberal caucus chair Brenda Shanahan, who insists that it’s “logistically impossible” to have an in-person caucus meeting before September, to which I call bullshit. MPs can all get on a plane to Ottawa at any point, even if it means they have to cancel a barbeque appearance at some point. It’s not impossible, it’s a choice, and that choice is to not respect the members of the caucus, because frankly the leader doesn’t feel the need to be afraid of caucus because we have trained MPs to believe the falsehood that they are powerless and that the leader can push them around. That’s not actually true, and the caucus collectively has the power to vote non-confidence in the leader if they actually had the intestinal fortitude to do so. But therein lies the problem.

I’m also going to point out that all of the breathless reporting on Thursday about Chrystia Freeland saying that the Cabinet is fully behind Trudeau—of course they’re fully behind him. If they weren’t, they’d be out of a job. This isn’t rocket science, guys.

In case you missed them:

  • My weekend column where I talked to the author of the book Theatre of Lies about the situation we find ourselves in Canadian politics and what to do about it.
  • My column points out that one of the problems the Liberals face is how they choose their leaders, and that a proper Westminster system would have solved this by now.
  • My Loonie Politics Quick Take wonders just what Danielle Smith thinks she wants to “opt out” of around dental care.

Ukraine Dispatch

Ukrainian forces shot down 21 out of 22 Russian drones overnight Thursday. Ukrainian troops were forced to retreat from one neighbourhood in Chasiv Yar after their defensive positions were destroyed, risking further casualties. A Russian missile strike in Odesa killed a woman, while a guided bomb in Kharkiv region killed a man. Russians have started targeting Ukrainian air bases in advance of the delivery of F-16 fighter jets. Hungarian prime minister Viktor Orbán went to Kyiv for a frosty meeting as Hungary assumes the rotating presidency of the EU. Orbán then headed to Moscow, no doubt to get fresh orders from Putin.

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Roundup: Nothing to opt out of

Breaking through the endless wank-a-thon of the pundit class declaring that Justin Trudeau needs to go was a story where Danielle Smith had sent a letter to Trudeau declaring that Alberta will “opt out” of the dental care plan, and that they want to negotiate “compensation” that they would apply to their own provincial low-income dental assistance programme, but this seems to completely misunderstand how the programme works. It is very literally an insurance programme. Dental offices bill Sun Life through a portal, and the federal government then reimburses Sun Life. Yes, the rollout was poor and confused (because the whole implementation of this programme has been a bit of a gong show, thanks entirely to the NDP), but this is not a federal transfer programme. There is nothing to compensate the province for because this is a 100 percent federal insurance scheme.

The reason it’s structured this way is because the NDP demanded, as part of the Supply and Confidence Agreement, that this needed to be a fully federal programme, and not cost-shared like early learning and child care, and because dental care is ostensibly provincial jurisdiction, it had to be structured as insurance, and the model they would up choosing was to get Sun Life to do it, and they just pay Sun Life, rather than stand up a federal bureaucracy to administer this. This should have been a federal-provincial transfer so that provinces could bolster their existing dental programmes to federal guidelines, but no. As a result, I don’t see just what Smith can “opt out” of, let alone be compensated for.

Of course, federal health minister Mark Holland didn’t help matters by going on Power & Politics and not explaining how the programme works, and instead suggested that she could opt out if she could guarantee the same or better coverage, but again, opt out of what? The province isn’t billing Sun Life. They are out of the equation entirely, and Holland should have pointed this out, rather than just trying to sound conciliatory and saying he doesn’t want a fight, and repeating the same lines about how many tens of thousands of seniors have availed themselves of the programme to date. Smith doesn’t appear to understand how the programme works, and has created a strawman around it to make it look like she’s standing up to Trudeau (at the expense of her population), and claiming they already have a great dental care programme and that this is duplicative (it’s not—the Alberta programme covers very few people and is a burden to administer).

There is an added issue here with how the media have covered this. CBC, CTV, The Canadian Press, all ignore the programme structure and just retype Smith’s letter, and then get comments from the provincial dental association about either their disagreement on the federal programme or some minor pushback about Smith’s comments about the existing provincial programme, but the fact that this is an insurance company where the dentists bill Sun Life and the province has no involvement at all is a pretty crucial part of the story, which nobody mentions. This should not be rocket science, and this would show that Smith is engaging in bad theatre, but of course they don’t do that, and readers are being given a disservice as a result.

Ukraine Dispatch

President Volodymyr Zelenskyy visited troops on the front lines in the eastern Donetsk region. Zelenskyy is expected to sign a security agreement with the EU later today.

https://twitter.com/ukraine_world/status/1805883881356186102

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Roundup: Terrible capital gains narratives

The communications around the capital gains changes have been atrocious. Chrystia Freeland is painting an apocalyptic picture of what will happen to Canadian society if we don’t make these changes, and the talk about fairness, where workers pay more taxes than those who can earn it on investment income is missing the key component of the discussion which is around the unequal treatment of different types of income that allows people to engage in tax arbitrage—picking and choosing which revenue models will net them the least taxation, which is a real problem for fairness that is not being discussed at all.

https://twitter.com/LindsayTedds/status/1801021913738698941

https://twitter.com/LindsayTedds/status/1801022109172256818

In amidst this comes Calgary economist Jack Mintz, whose sole entire schtick is to cut taxes to solve every problem under the sun. And of course, Pierre Poilievre was quoting him in Question Period, calling him the greatest economy in the country, which is pretty risible. It didn’t help that Poilievre made the basic mistake of believing that the tax rate is going up rather than the inclusion rate (the point at which it kicks in on the profit you’ve made), but he has doomsday scenarios to unleash into the world to make his case that this is a Very Bad Thing, when it’s nothing at all like he seemed to believe.

https://twitter.com/LindsayTedds/status/1801086926696415384

https://twitter.com/LindsayTedds/status/1801088499522937017

https://twitter.com/LindsayTedds/status/1801096926227497107

Everyone has handled this whole situation poorly, media included, and this has been al lost opportunity to try and have a proper conversation about these kinds of tax measures and changes.

Ukraine Dispatch:

Russian missile attacks have left much of Kyiv without power and water. Russian missiles also struck an administrative building and an apartment block in Kryvyi Rih in the south, and killed nine and injured 29. The American government says they are aware of credible reports that abducted Ukrainian children are being put up on adoption websites.

https://twitter.com/zelenskyyua/status/1800901662820704467

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Roundup: Hoping to master the algorithm

As I often rail about terrible government communications and Parliament being reduced to a content studio for social media clips, I was struck by two stories over the weekend. The first was a look into the Liberals’ trying to use social media more effectively to bring back Millennial and Gen Z voters, which means staffers are directing their ministers to tailor content more specifically to these platforms, and ministers using influencers more to get their messages across. While I’m less concerned about the latter because I do think that can be helpful and savvy, it’s the former that concerns me more because we have too many politicians chasing the algorithm as it is, and the algorithm is bad and fickle. If you listen to Aaron Reynolds of Effin’ Birds fame talk about using social media to build his business, he will warn that tailoring your business to specific algorithms is doomed to fail because those algorithms change and can wipe you out, and politicians chasing the algorithm is not only cringe-worthy, it’s frankly bad for media literacy and democracy in general.

The other story was that Conservative MP Branden Leslie produced a Facebook video chock-full of fake news clips that purport to show a future where Trudeau has resigned, but amidst the complaints that using news branding for this kind of deep-fake content is problematic and deeply unethical, Conservatives are defending it as perfectly justified because “nobody could mistake it for reality.” This from the party that is actively building a dystopian alternate reality built on disinformation for their followers to believe in, because they want them to forgo things like critical thinking in order to simply swallow whatever falsehoods the party wants to tell them, and now they’re asserting that people won’t be taken by the very falsehoods this video perpetuates, after they have been training that same audience to swallow falsehoods? Sorry, but you can’t have it both ways. This is nothing good, and a sign that there is no moral compass in the party whatsoever.

Throughout this, I am reminded of something Paul Wells said last week that really struck a chord with me:

I think the social-media revolution has constrained government’s attempts to explain themselves, and radicalized citizens’ responses, more than it’s helped anyone do anything good. And I think most political organizations’ attempts to master these tools end up looking like the tools are, quite thoroughly, mastering the organizations.

This is exactly right, and it’s why I worry that the Liberals trying to push more to social media to reach those Gen-Zers is going to make this actively worse, while the Conservatives are already using the worst features of these platforms to their most unethical extent. This is the state of political communications these days, and it’s very, very scary, and it’s dragging democracy down with it.

Ukraine Dispatch:

Russians bombed a big box store complex in Kharkiv on Saturday, killing 14, wounding 43, with 16 others still unaccounted for, even though Ukrainian forces are pushing them back from areas outside of the city.

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