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: 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: 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: What the Bloc are demanding

As part of their demands in order to support the government, the Bloc Québécois have been making enriching pensions one of their main demands, and the government has (rightfully) been pushing back, and I’m not sure that everyone understands the issue. Certainly, there are columnists who have missed the details of this, which are actually long-standing, and think that there is enough fuzziness that the government can negotiate around it. No. This has been a specific Bloc demand since the Liberals first put in the policy of enriching OAS for seniors over the age of 75, because those seniors have greater needs and many have depleted their savings. The Bloc even have a private member’s bill that they are currently debating, but naturally this bill is out of order because PMBs can’t spend money, and that’s exactly what this bill is directing them to do. So, they are very specifically demanding a royal recommendation for this bill in order for it to actually be in order, voteable, and that it can do what they want.

It’s not going to happen. It shouldn’t happen, because the whole rationale is off. But they’re going to make life uncomfortable for the government soon enough if they don’t get their way, which is why this issue has taken over the spotlight over the past week.

Here’s Tyler Meredith to explain the proposal and the financial costs, and why it’s not something the government wants to sign onto.

https://twitter.com/tylermeredith/status/1836962451264327962

Ukraine Dispatch

Russians made three strikes on Kharkiv, injuring 15. Residents of Kyiv are being told to stay indoors because of smoke from nearby fires. Ukraine has banned officials using the Telegram app because they fear that Russians can access their conversations. President Zelenskyy says that top officials have discussed and come to an agreement around the need for more domestic arms production on faster timelines.

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Roundup: Speaker Fergus on the spot in new privilege battle

The brewing privilege battle over the Sustainable Development Technologies Canada documents is largely going under-reported, save for the National Post, but it’s going to be an interesting showdown with the Speaker about the refusal to turn over these documents. The government’s argument is that the stated purpose for demanding these documents is not for Parliamentary business, such as committee study, but because they intend to be turned over to the RCMP, which is in and of itself a problem because it does violate the separation of powers and really, really looks like politicians trying to direct the police (who have said that they don’t want the documents, because it would violate the Charter rights of any accused). I think this is a sound argument, and one that is necessary because of the ongoing abuses of privilege that the past couple of parliaments have engaged in.

Yes, Parliament has unfettered authority to send for the production of papers, but there have to be limits on this privilege, or it can be abused, and I think that this case demonstrates the limits. The complicating factor is that limits are especially difficult to maintain in a minority parliament situation because all of the opposition parties tend to be all be interested in embarrassing the government at any turn (and this is not unique to this government, but any government). It’s partly why NSICOP was fine during a majority Parliament but became the subject of political manoeuvring during the minority years—because opposition parties will try to use their leverage to embarrass a government or score points when they think they can.

I don’t envy Speaker Fergus in having to make this decision, but this kind of exercise is clearly beyond the pale. It’s not up to MPs to get information on behalf of the RCMP, and that crosses so many red lines that it should be blinding. He’s going to be criticized whatever he makes, but hopefully for the sake of precedent, he makes the right choice and rein in some of this foolishness, because once MPs feel empowered enough to do this to one organisation—SDTC in this case—they’re going to start going after anyone they disagree with ideologically on an increasing base going forward.

Ukraine Dispatch

Russians targeted a geriatric centre in Sumy, as well as the power grid, which a UN body believes is probably against international humanitarian law. Russia says they are ramping up their drone production tenfold (but that may just be all talk, given the sanctions and the availability of components).

https://twitter.com/ukraine_world/status/1836807096391676132

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Roundup: Bringing in the spouses?

The fallout from Jagmeet Singh’s confrontation with members of the Asshole Brigade who are harassing people in front of Parliament Hill has taken a couple of strange twists. In his post about the incident, Singh said that “That’s the country that Pierre Poilievre wants,” which of course sent the Conservatives into the usual bit of performative victimhood. Among those was Michael Cooper, who was seen hanging out with some of those members of the Asshole Brigade, and he tweeted out that he didn’t know them, that they approached him at the restaurant he was eating in…but there is video that shows him meeting with them before the restaurant, so perhaps that’s a very judicious use of the truth.

The stranger part was that Anaida Poilievre wrote a long Twitter missive to rebut the accusation and to praise Poilievre’s good character, while taking shots at Singh and Justin Trudeau. There has been a long-held convention in Canadian politics that spouses stay out of things, and they get a semblance of anonymity as a result. The fact that she has been very active in Poilievre’s campaign is a sign that she could be much more active in a future where Poilievre becomes prime minister, and that’s a bit of a problem because we don’t have “First Ladies” in this county like the Americans do, because our “First Lady” is Queen Camila. If she plays an active role, does she then become a target for other parties? Does that open up attacks for their spouses? I worry about that given the coarsening of politics as it is, and the fact that far too many people are already targeting MPs’ homes as part of protests. We don’t need them to become fair game as things continue to race to the bottom.

https://x.com/AnaPoilievre/status/1836225640938508466

Ukraine Dispatch

Russian shelling in Zaporizhzhia killed one woman and injured two others, while another attack targeted energy facilities in the central city of Kropyvnytskyi. Ukrainian drones have struck a Russian military base north of Moscow, causing an “earthquake-sized” blast. President Zelenskyy will be addressing the United Nations Security Council on Tuesday.

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Roundup: Two percent ahead of schedule

The big news yesterday was that according to August data, headline inflation returned to the Bank of Canada’s target of 2.0 percent, well ahead of schedule. It’ll bounce around for a while as the economy continues to rebalance, but it’s a sign that the Bank has essentially stuck the soft-landing. And before you repeat the Andrew Scheer line of “People are going to food banks, you call that a soft landing?” the answer is that the alternative was a recession, so yeah, this definitely beats that.

Things are still uneven, and yes, housing costs continue to drive much of the current inflation, and gasoline prices are a big reason why it fell as much as it did in August, so those will bounce around some more. Food is still running a little bit above headline, but nowhere near what it was before because supply chains have evened out, prices have stabilized from supply shocks (driven by climate change and the invasion of Ukraine), but seasonal price changes are also having an impact. (More from Trevor Tombe in this thread).

https://twitter.com/trevortombe/status/1836026950281744434

Meanwhile, I have seen zero discussion about how everything that Pierre Poilievre has claimed was causing inflation—deficit spending, the carbon levy, and so on—has all been proven false, to say nothing about the comparison between us and the US in terms of deficits and economic performance. Oh, but then they may have to actually point out that he’s lying, and they don’t want to do that. Not to mention, this is Canadian journalism, and we don’t like to actually talk to economists to understand what’s going on, we only need them to assist in both-sidesing bullshit talking points from the parties that paint a picture of doom (because there is “no such thing as a good-news economic story”). Is it any wonder Canadians have such a distorted view of the economy?

Ukraine Dispatch

Russians have once again targeted energy faculties in Sumy region, while shelling in Zaporizhzhia, has killed two people. Russians claim that they have captured the town of Ukrainsk in the eastern Donbas region.

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