Tag Archives: Doug Ford

Roundup: Reasons to oppose a bad judgment

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After the federal government filed their appeal of that Federal Court decision that…strongly suggested to them to appoint more judges (because it certainly wasn’t an order), the lawyer behind that suit has filed a cross-appeal because he wants tougher language and more teeth to it, but it’s not something that the courts can really force a government to do because it’s a Crown prerogative. They have no enforcement mechanism, so I’m not sure what the lawyer here is hoping to accomplish other than to keep getting his name in the papers.

Speaking of papers, I do find it to be a problem that in both the National Post and Toronto Star stories about this cross appeal that neither of them referenced the fact that the primary reason the federal government is appealing the decision is not because it’s useless, but because it’s a complete dog’s breakfast that makes up a constitutional convention from whole cloth and then runs with it. There is plenty of commentary from constitutional scholars out there, Emmett Macfarlane’s being one of the most accessible, but this is a real issue, and no government that is the slightest bit responsible wants bad precedents sitting on the books. It’s one of the reasons why they fought the Canadian Human Rights Tribunal decision on compensation for Indigenous families—they were willing to pay the compensation, but the Tribunal exceeded its authority and they didn’t want that to stand lest it create a precedent (and why that was one of the points of negotiation in the settlement).

Bad precedents, if left unchallenged, create bad case law, and that creates all kinds of problems in the future. Nobody is arguing that this government doesn’t need to make faster appointments, because they absolutely do, and even they recognise that. But this was a bad decision that shouldn’t be allowed to stand.

Ukraine Dispatch:

Russia subjected Kyiv to intense bombardment for the third time in five days, and once again, damage and injuries were mostly from debris from intercepted missiles and drones. Russia also attacked an underground gas storage facility, at a time where there are already rolling blackouts because of attacks on power supplies, as engineers work to restore power, in particular at Kharkiv and Odesa. Meanwhile, Ukraine continues to make drone attacks on Russian refineries.

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Roundup: Running interference for Scott Moe

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There is no shortage of terrible opinion pieces in Canadian media, but I believe that the prize for utterly missing the point comes from the Globe and Mail yesterday, where John Ibbitson tried to lay the blame for Saskatchewan’s flirtation with lawlessness on Justin Trudeau, with the headline accusing him of “botching” national unity. It’s a…curious accusation, because the implication therein is that if the federal government doesn’t accede to every demand or tantrum of the provinces that they can be accused of damaging national unity. I take that back. It’s not curious, it’s utterly absurd and wrong.

Ibbitson goes to great pains to both point out how unprecedented it is that Saskatchewan is going to break federal law, but then turns around to run interference for Scott Moe and tries to insist that this is really Trudeau’s fault because he used federal spending powers to “bend provinces” to his will rather than negotiate, and in imposing the federal carbon price on provinces who failed to meet national standards. Both of those are half-truths at best—there is nothing illegitimate about using federal spending powers to get provinces on board to ensure that there are equitable services across the country, particularly for programmes with greater economic good such as early learning and child care. As for the carbon price, provinces had an opportunity to come up with their own system that met minimum standards, and most provinces refused. He also didn’t explain that when the system was enacted, most provinces already had carbon pricing in place (Alberta and Ontario both changed governments who dismantled their systems and were subsequently subjected to the federal system), and he doesn’t spell out that BC and Quebec have their own systems that meet the standards.

Yes, the federal government should have found a different solution to the problem of heating oil than the “pause,” and doomed themselves when they announced it with all of their Atlantic MPs behind them. I’m not disputing that. But while Ibbitson insists that this doesn’t justify Saskatchewan’s lawlessness, he thinks that the best solution is to “reach some sort of compromise.” Like what? He won’t say. He just laments that “Canada doesn’t work like that right now.” Did it ever? What compromise can there be when one province breaks the law and tries to justify it with a fig leaf of “fairness” but obscures the facts and truth of the situation? This kind of white bread, milquetoast “Why can’t we find a compromise?” handwringing is a hallmark of a certain generation of punditry, and it serves absolutely no one.

Ukraine Dispatch:

Ukrainian forces downed 33 out of 37 Russian drones fired at Odesa, the remainder of which damaged infrastructure, though there were other attacks in the north in Sumy and Kharkiv that cost civilian lives. There are concerns that safety is deteriorating at the Zaporizhzhia nuclear plant, as the international community keeps trying to convince Russians to leave the site. India says they have encountered a human trafficking racket which promises young men jobs in Russia, and then forces them to fight in Ukraine on their behalf.

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Roundup: Another NDP budget demand

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The NDP’s latest budget demand is a national school food programme, which is a) provincial jurisdiction, and b) something already under negotiation with provinces. This was a Liberal campaign promise, and as with many a file like this, they’ve been doing the heavy lifting in the background. For Jagmeet Singh, however, this isn’t happening fast enough, because in his conception of how governing works, the prime minister simply needs to put on his Green Lantern Ring and use enough willpower to make whatever he wants happen, and in the NDP’s conception, that generally means something that obliterates the federal and provincial jurisdictional boundaries.

I suspect a couple of things are at work—one of them is that if the federal government does come to an agreement with the provinces, Singh can try and claim victory for it, as he does with most things that he has done absolutely no work towards other than throwing a public tantrum. If this is a matter of the provinces looking for more federal money, then it will take time to ensure that the agreements are drawn up in a manner that has strings attached because we know that we absolutely cannot trust provinces to take the money and put it entirely where it is supposed to go (bitter experience with health transfers and pandemic supports), because as we’ve seen in child care, where there are agreements with strings, that some provinces have not been spending the federal funds where they are supposed to go, which remains a very big problem.

Ukraine Dispatch:

A man was killed in a Russian missile strike in the Kharkiv region, while five people were killed when a bus struck a mine in Luhansk region. One of Ukraine’s top commanders says they will stabilize their defensive position shortly, with the aim of returning to counter-offensive actions later in the year. President Volodymyr Zelenskyy was in Odesa with the prime minister of Greece when a Russian strike exploded nearby the pair. Here is a look at Europe’s attempt to get more ammunition to Ukraine, including a Czech initiative to deliver stockpiles until production can ramp up.

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Roundup: The Winnipeg Lab documents revealed at last

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We finally got a look at the Winnipeg Lab documents yesterday, and the reason why those two research scientists were fired, and it’s certainly far more innocuous than the lurid tales that certain Conservative MPs have been telling over the years. The short version is that the scientists in question, likely out of sheer naïveté and belief in the goodness of science, were far too trusting of Chinese counterparts, and didn’t like to follow rules and protocols when they didn’t feel like it, and eventually, lied to CSIS security screeners about their activities. This doesn’t appear to be some kind of major espionage, but a pair of scientists were entirely too precious, and were used to having their own way, and became security risks as a result, hence their termination.

It shouldn’t have taken this long to see the documents, but this was a whole dog-and-pony show for the Conservatives, who demanded—bizarrely­—that the Commons’ law clerk do the redactions for the documents rather than trained public servants, never mind that the clerk has no national security training and doesn’t know what to look for in terms of potential security issues. Even though the government turned the documents over to NSICOP in an unredacted form, the Conservatives went and boycotted the committee for theatrical reasons alone, and eventually, the government came up with an ad hoc process that involved MPs from all parties and retired judges to go through the documents, and it took years longer than it should have if they just let NSICOP do its work in the first place. There was no reason for them to object and to do this song and dance, and make false accusations about what was being hidden, and yet they carried on like this for years for absolutely no reason.

Predictably, Pierre Poilievre is trying to make this an issue about Justin Trudeau “allowing” this potential security breach, except that these scientists did most of their work in the Harper era, and the Public Health Agency of Canada is an arm’s-length agency, which the government cannot micro-manage. Kind of like CBSA. There has been zero contrition from Michael Chong about the fact that he has been spinning outright fictions and conspiracy theories about these documents for the past four years, but he sold out his integrity years ago, so none of this is surprising. And now that these documents have been released, I will point out that reporter Dylan Robertson was getting these stories and had the context of their firing correct when he was reporting on this for the Winnipeg Free Press years ago. That reporting all stands up with the release of these documents, and he deserves major props for it.

Ukraine Dispatch:

Russians bombed the Kharkiv region, killing four people including a six-year-old girl and a priest. Here’s a look at the new chief of military intelligence for Ukraine, who has hinted that the country’s previous counter-offensive plans wound up in Russian hands before it had begun. Ukraine’s finance minister says they need about $3 billion in foreign aid per month in order to maintain macroeconomic stability through the year.

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Roundup: Online harms bill finally tabled

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The long-awaited online harms bill was tabled yesterday, to much fanfare. The bill would create obligations for web giants to build in certain safety features, and creates a new Digital Safety Commission to oversee this, along with an ombudsman to help people navigate the process if they have been victimised and need content taken down. There are prescriptive processes that give companies 24 hours to remove certain content if flagged (most of it is child sexual exploitation or the sharing of intimate images), but there are very narrow criteria. There are also new Criminal Code provisions around making hate speech a standalone offence instead of an aggravating factor, and restores the Canadian Human Rights Tribunal’s ability to be an avenue for redress for hate speech for those who don’t want to go through the criminal route, albeit with a tighter definition and more ability to dismiss vexatious complaints than the previous system.

To that end, here are five things the bill does, a list of recent examples of online harms inflicted upon youth in recent years, while the mother of Amanda Todd is calling on Parliament to pass the bill swiftly so that other youth are protected.

As for opposition reaction, the Conservatives have point-blank called this censorship, which seems to be opening themselves up to charges that they don’t care about the safety of children and youth online. The Bloc say they’re going to read it over before supporting, while the NDP, seeing this on the Order Paper, tried to give one last attempt to sound tough about the government not introducing this sooner, so that they can launch another data-mining petition.

Ukraine Dispatch:

Ukrainian forces downed nine out of 14 Russian drones and three guided missiles overnight on Monday. Ukrainian forces had to fall back from the village of Lastochkyne near Avdiivka, as Russian forces continue to press ahead while Ukrainian forces suffer from a lack of ammunition. President Volodymyr Zelenskyy says that the Black Sea corridor, which is getting grain to countries in need, is in jeopardy without more US aid.

https://twitter.com/ukraine_world/status/1762133928406626660

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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: Trying to allay diaspora concerns

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After two diaspora groups pulled out of the foreign interference inquiry, Justice Marie-Josée Hogue released a statement yesterday outlining precautions that are being taken to protect witnesses and sensitive information, which is hoped will allay their concerns (though some of those concerns have to do with the three politicians being given standing and the ability to cross-examine other witnesses).

It should probably be noted that this was probably inevitable. David Johnston warned as much of this in recommending against a public inquiry, but hey, politics took over and here we are.

Ukraine Dispatch:

There has been a drone strike in Odessa, killing three. It is hoped that examining the debris of the North Korean missiles that the Russians have acquired and are using against Ukraine will offer clues as to how they are avoiding sanctions. Here’s a look at two years of conflict through the eyes of one Ukrainian soldier who has seen it all. Here is a look at those whose relatives have gone missing in combat and their bodies not yet found. Reuters has a photo library from the first two years of the war.

https://twitter.com/zelenskyyua/status/1760766644995887429

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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: It’s auto theft summit day

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It’s the big auto theft summit happening in Ottawa today, and it’s more than just federal and provincial governments and police who are meeting—it’s also insurance companies and auto manufacturers, because part of the problem are the ways in which auto companies have made unsecured RFID technology with key fobs and so on part of the recent lines, which means thieves can capture the frequency of your fobs and steal your card by cloning said fobs. Insurance companies could wield their might in insisting on these changes, which could make a measurable impact. As a down-payment of sorts, Dominic LeBlanc announced a $28 million boost to CBSA’s ability to detect stolen vehicles with more detection tools and analytics.

Meanwhile, as Pierre Poilievre tries to insist that this problem can solely be attributed to Justin Trudeau because of certain legal changes around conditional sentencing and bail (which were in response to Supreme Court of Canada decisions, it must be stated), he’s also made a bunch of specious correlations about how car thefts were lower in the Harper era in order to back up this claim. Except, that’s mostly not true either. But then again, facts, logic or honesty are never really in play when Poilievre is speaking, and this is no different.

Ukraine Dispatch:

Ukrainian forces downed 11 out of 17 drones in the early morning hours of Thursday. Russia launched massive attacks on Kyiv and other cities over the day yesterday, which killed five and wounded more than thirty. The mobilisation bill has now passed first reading. Here’s a look at the corps of retired Colombian soldiers fighting for Ukraine

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Roundup: Danielle Smith goes draconian on LGBTQ+ youth

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Alberta premier Danielle Smith unveiled her province’s “parental rights” plan in a seven-minute social media video with no written materials, no legislation, and the press conference won’t be until almost 24 hours later, because that’s a responsible way to run a government. And that plan is the most draconian plan this country has seen yet to restrict the rights of trans and queer youth, all done as Smith coos about having empathy and being supportive when the plan is de facto conversion therapy for a generation of youth.

I’ll likely be writing about this more elsewhere in the next day or two, but reaction has been pretty swift, and a couple of notable ones I wanted to highlight, one being Hannah Hodson, who is a former Conservative candidate whom I believe has left the party over this kind of thing. As for federal justice minister Arif Virani, I’m at a loss as to just what levers he thinks he can use to stand up for the rights of these youth, but I guess we’ll see if they announce anything in the next few days.

It is curious just how much the “freedom” and “bodily autonomy!” crowd seems to want to restrict the freedoms and bodily autonomy of people they don’t like and how Smith is going along with it because she doesn’t want the leopards to eat her face like they did Jason Kenney.

Ukraine Dispatch:

Ukraine shot down 14 out of 20 drones launched by Russia, but a hospital in Kharkiv was struck. There was a large prisoner exchange, in spite of Russia’s unconfirmed claims that POWs were aboard a downed aircraft. There rumours that President Volodymyr Zelenskyy could sack the country’s top military chief because of disagreements over the handling of the war.

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