Tag Archives: GLBT

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: The King’s cancer diagnosis

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There were some shockwaves as news was released that King Charles III was diagnosed with cancer that was found while he was undergoing his treatment for a benign enlarged prostate. The palace insists that it’s not prostate cancer, but have been extremely vague otherwise, and the King will withdraw from public-facing duties over the course of his treatment, though he will still keep up his state duties such as dealing with the Red Boxes daily, and signing things that need to be signed in them.

https://twitter.com/RoyalFamily/status/1754565735655887066

In terms of Canadian reaction, we saw messages from the Governor General and Justin Trudeau, along with a cursory if casual statement from Pierre Poilievre, but nothing from Jagmeet Singh or from Yves-François Blanchet, though that was to be expected. Still, poor form from Singh on this silence for the sovereign of the country he insists he wants to lead.

Meanwhile, Patricia Treble has some added context to this announcement both in terms of the history of the royal family disclosing medical information, and what it is likely to mean for things like the planned upcoming royal tour of Canada, which was supposed to take place in May, but is now likely to be postponed again. Here is some added detail about the Counsellors of State which could act in his stead if he becomes incapacitated due to his illness.

Ukraine Dispatch:

Some of the soldiers fighting near Bakhmut fear that they will be there until the war is over, as mobilization legislation continues to be debated including provisions that would allow those who have been fighting over three years to de-mobilise. President Volodymyr Zelenskyy confirmed that he is considering a high-level military shake-up, which has some soldiers concerned. Journalists in Ukraine say that the country’s domestic security service has put them under illegal surveillance; president Zelenskyy has ordered an investigation.

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QP: Quoting the Criminal Code to one another

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Neither the prime minister nor his deputy were present today, in spite of both being in Ottawa, though most of the other leaders were present. Pierre Poilievre led off in French, fresh from his press conference earlier this morning in Brampton, and he tied the Bloc to government legislation around bail conditions and conditional sentencing, blaming them for the rise in auto thefts (which is pretty specious at best), before asking the government to reverse those positions. Steven MacKinnon says that the Conservatives were pretending to care about auto theft like they pretended to care about grocery prices, and tried to connect Poilievre’s campaign chair, Jenni Byrne, with lobbying Loblaws. (She wasn’t the lobbyist, and they were only lobbying about beer and wine sales, for the record). Poilievre declared that he announced “common sense” solutions for ending auto thefts, most of which are unconstitutional. MacKinnon repeated the insinuations that Poilievre had made promises to Byrne, who is advising the caucus. Poilievre switched to English to again claim that “catch and release” bail was to blame for the rise in car thefts, and MacKinnon repeated his claim that the Conservatives were only pretending to care, and made the insinuations about Byrne in English. Poilievre insisted that Byrne’s advise was the slogan he repeated, and once again blamed the government for increasing car thefts and touted his “common sense” plan. Arif Virani reminded him that mandatory minimums for auto theft are already on the books, so he’s demanding a policy that already exists. Poilievre insisted that bail reform didn’t apply to auto theft so he should have read his own legation. Virani responded that he listens to police and noted that this isn’t an issue of individual crime but organised crime, and that the Conservatives are blocking measures to combat money laundering.

Alain Therrien led for the Bloc, and railed that Quebec is owed $470 million for asylum seekers, no less. Marc Miller said the money they have sent is not nothing and that they are working with the province. Therrien listed grievances related to immigration and asylum seekers, to which Miller accused them of being “armchair managers,” and cherry-picking statistics.

Jagmeet Singh rose for the NDP, and took credit for Manulife walking back their decision to only fill certain prescriptions at Loblaws, and demanded the government stop working for Big Pharma. Mark Holland pointed to actions they have taken to lower drug prices across the board. Singh switched to French to complain that the government met with Loblaws lobbyists 60 times—which means nothing—and Holland repeated his response in French.

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Roundup: The dumb impulse to make hay of Jenni Byrne

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Over the course of the week, Liberals feel that they found some kind of a clever wedge against the Conservatives in the “revelation” that Pierre Poilievre’s advisor Jenni Byrne’s firm is registered in Ontario to lobby the provincial government on behalf of Loblaws. Byrne herself has not lobbied, and the firm’s work has only done work around trying to get beer and wine into those stores, but those facts haven’t deterred the Liberals. Instead, it’s come up in Question Period and prime minister Justin Trudeau brought it up unbidden at a press conference because he wants the media to talk about it. This while their MPs start tweeting stupid things like “Conservatives have a vested interest in keeping food prices high.”

This is just sad, and it’s a sign that the party is flailing. There is no smoking gun here, and trying to insinuate that there is looks desperate. If anything, it certainly makes it look like the Liberals are going to start stooping to the kinds of dishonest lines that the Conservatives like to trot out in order to try and score points, which you would think the Liberals generally feel they are above, and if they too start going full-bore on fundamentally dishonest talking points to try and get ahead in the polls, then we’re going to be in serious trouble as a country if every party abandons any semblance of honest discourse. It also fundamentally undermines the actual message that the major cause of food price inflation is climate change, which you do not want to do. In other words, knock it off and grow up.

There is the added danger that this starts a contagion around other lobbyists and strategists that the parties rely on. Ottawa is a pretty small pool, and if you go after one party’s operatives who have lobbied, then it becomes fair game, and this escalates into a pretty scorched earth. Bringing up Byrne was a cute quip once in QP, and it should have been left at that. Trying to keep banging on this drum is going to have all kinds of collateral damage that nobody wants.

Ukraine Dispatch:

Knowledgeable Sources™ say that Ukraine has briefed the White House about plans to fire the country’s top military commander, while the defence minister has suspended a senior official in order to investigate suspected corruption. Russia continues to refuse to turn over any of the alleged bodies of alleged POWs from the plane they say Ukraine downed (because it totally isn’t a psy-op).

https://twitter.com/defenceu/status/1753430572150792628

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Roundup: The muted federal response to Danielle Smith’s latest policy

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As expected, there was a federal response to Danielle Smith’s draconian anti-queer/trans policy video, but it was mostly just words of condemnation. Marci Ien and Randy Boissonnault had a scrum about it, but basically said that because they don’t have any document from Smith—the legislature isn’t sitting, and Smith herself said later in the day that nothing would be formally in writing until autumn—they don’t know how best to respond to this, so in the meantime, they’re going to consult and come up with ideas at the Cabinet table as to what the federal government can do, but one supposes that something like a reference to the Supreme Court of Canada of this policy, along with those of Saskatchewan and New Brunswick, may be in the works. We’ll have to see, but it’ll take time, so for the moment, it’s a lot of words of affirmation.

Smith did hold a press conference, nearly twenty-four hours after her video was released, and in it, she kept repeating that she was trying to protect youth from “irreversible medical decisions,” which both conflates the purpose of any social transitioning that they may do beforehand, and buys holus-bolus into the moral panic that kids are being indoctrinated into being trans and then “mutilating and sterilizing” themselves, even though there are vanishingly few “top” surgeries for minors, and no “bottom” surgeries at all. But dubious and discredited reporting that echoes through the right-wing media ecosystem has convinced parents that it’s happening (thus the outsized concern for their “right” to know), along with the pre-existing notion that if they’re told, they can stop their kids from being queer or trans (in other words, de facto conversion therapy). But nobody wants to talk about this moral panic. (More analysis about Smith’s move here).

Meanwhile, Pierre Poilievre’s office has instructed his MPs to say nothing, especially to the media, and to report all requests to his office, and if they are to say something, it’s to emphasise “parental rights over decisions related to their children,” which a) is not actually a legal right in Canada, and b) has been the dog whistle for anti-queer and anti-trans rhetoric for a long time now. And of course, he wants them to stay quiet, but not because he’s worried about another homophobic eruption from someone like Cheryl Gallant, but rather he doesn’t want anyone coming across as too sympathetic because he needs to keep demonstrating to the far-right, reactionary crowd that he thinks is going to win him the election that he’s not too “woke” or small-l liberal, because that would doom their support. It’s little different than Smith keeping this up because she doesn’t want the leopards in her party (like the “Take Back Alberta” crowd) to eat her face like they did Jason Kenney. When you let your party get taken over or be entirely beholden to the crazies, you lose control, and that’s exactly what is happening here.

Ukraine Dispatch:

Ukrainian forces say that seas drones were used to sink a small Russian warship in the Black Sea, while Russia claims that Patriot missiles fired from Ukraine brought down the plane that was totally carrying POWs and wasn’t a psy op (really). Ukraine’s army chief published a series of priorities and challenges are rumours of his rift with president Volodymyr Zelenskyy continue to circulate.

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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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Roundup: A ridiculous court appeal

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There is a court case in Ontario, now being appealed to the Ontario Court of Appeal, filed by election reform advocates claiming that the existing single-member plurality voting system is unconstitutional because it violates Charter rights. It was rightfully dismissed by the Superior Court judge, because obviously, but there is something I did want to remark on. No, I’m not going to go into another rant about why I’m not a fan of proportional representation systems, or how most of their arguments deliberately misconstrue how single-member plurality works, but rather about how this is yet another attempt to use the courts when you lose at politics.

Beyond this kind of challenge being just on this side of lawfare, what gets me is how these kinds of groups seem to have zero conception of just what they want the courts to order in terms of a remedy, because that’s a pretty big deal. You want the courts to declare that the current system violates the Charter? Ignoring for the moment that their arguments are specious and jejune, what exactly do they think the courts are going to do? Order the federal government to implement a PR system? Which one? Because that’s kind of a giant sticking point. One of the main reasons why the electoral reform committee in Trudeau’s first parliament failed is because the recommendations in that report were hot garbage—design a bespoke system with a bunch of factors that rendered it virtually impossible to achieve without some major constitutional changes. PR is not one system you can just plug-and-play—there are so many variations of it that can wildly affect outcomes that it’s not inconceivable that it would degenerate into a major fight for years, while the court’s declaration of invalidity hangs over them. How does that work, exactly?

There are similar problems with other court challenges, such as the ones purportedly launched by youth over climate change. What exactly do they think the courts are going to propose as a remedy in that kind of a situation—and if you say “follow the science,” you deserve a smack upside the head, because science is a process, not a declaration. Science is not policy. The courts cannot impose policy, which is why it’s a really dumb idea to resort to the courts when you lose at politics. But that’s what we’re getting a lot of, and it means using the wrong tools and wasting a lot of time and energy to attack the problem in entirely the wrong way.

Ukraine Dispatch:

Ukrainian drones attacked an oil storage depot in western Russia, causing a massive blaze, as a way of unsettling voters ahead of their presidential election.

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Roundup: Chow chooses blackmail

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Toronto mayor Olivia Chow woke up and chose violence, as the kids say, when it comes to her budget proposals for Toronto. While the 10.5 percent property tax increase is long-overdue for a city whose property taxes remain well below the national average after years of austerity governments who have allowed the city to crumble so they can keep from increasing said property taxes (and this is not unique to Toronto either), she is also calling for an additional measure—federal blackmail. The proposal is called a “federal impacts levy,” or an additional six percent increase ostensibly to cover the costs of providing services for asylum seekers, and is basically holding the federal government at knifepoint, saying pay up or all your safe seats in this city are going to be in jeopardy.

The asylum seeker issue is rife with other levels of government falsely claiming that this is solely a federal responsibility, so they should foot the whole cost. It’s not actually true—the federal government is responsible for refugees once their claims have been approved, but before that point, they generally fall under the social services provided by provinces and municipalities, and the federal government will reimburse a portion of those costs. Of course, premiers like to wash their hands of this because of course they do (and there is a constant rhetorical battle happening in Question Period where the Bloc keep demanding that the federal government owes Quebec some $450 million for the provision of services, again falsely claiming sole federal responsibility), which leaves cities often bearing the burden, and Toronto and Montreal most especially as they get the lion’s share of asylum claimants. There remain questions around Toronto, if they have followed the proper channels to request federal funds for this (I believe there is a need for a certain provincial action to accompany it which may not have been undertaken), but again, they have been given millions of dollars this year for assistance with this.

My bigger concern is the Pandora’s Box that this kind of federal blackmail opens up. While some pundits will declare it to be genius, and on a strategic level, it is a clever way to back the federal government into a corner, but at the same time, this invites other cities or provinces to start adopting this kind of tactic, and even more to the point, it once again leaves the province—whose constitutional responsibility the city is—off the hook for their own underfunding and downloading of services to try and make their own bottom lines look good. We already have provinces who think they can just declare themselves exempt from federal laws, and others who are openly breaking those laws (or at least threatening to under the cover of legal fictions), while the pundit class says it’s the prime minister’s fault, that he made them break the law and behave this way. Chow is now pushing this envelope even further, and I worry about the long-term consequences for this country so that she can solve her short-term problem of being an adult around her city’s fiscal crisis.

Ukraine Dispatch:

Two Russian missiles struck a hotel in Kharkiv, injuring eleven people, many of them journalists. Ukrainian forces have been shifting toward building fortifications and a more defensive posture in recent months. Speaking in Vilnius, Lithuania, president Volodymyr Zelenskyy says that they have shown that Russia can be stopped, but that Ukraine still needs more air defence systems and ammunition. Zelenskyy added that there are “clear signs” of a slowdown in Russia’s defence industry as he called on allied nations to tighten sanctions.

https://twitter.com/defenceu/status/1745019147065721141

https://twitter.com/kyivindependent/status/1745348642100109636

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Roundup: Some interesting bits from the jobs data

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The December job numbers were released yesterday by StatsCan, and they’re a little funny in that they show that a mere net 100 jobs were created, but that’s really just statistical noise, given the margin of error. And while a bit of hay was made over that, there were a couple of interesting things to delve into in the data.

One of those is that wages continue to be up—way up. Average hourly wages for permanent employees was up 5.7% year-over-year, which is a little crazy when inflation is running around three percent. While high wage growth in the short term can be good to help restore lost purchasing power after last year’s bout of high inflation, if it carries on for too long, it runs the danger of being part of the inflation problem, because prices will need to rise to pay for those salaries, which becomes more inflation, and can turn into a wage-price spiral. (That’s why governments have historically imposed wage and price controls, to try and ensure that they remain on an even playing field to stabilise prices). Bank of Canada governor Tiff Macklem says that if wages keep rising above four percent, that is going to be a problem for taming inflation so that rates can come down.

The other noteworthy issue is that gig work—things like Uber drivers or food delivery services—continues to grow, rising 46 percent over 2023, and that new Canadians are overrepresented in that labour pool. That should also be concerning considering how exploitative those industries can be, and shows that businesses are relying on this immigrant labour to drive down wages, and devalue the labour of those workers.

Ukraine Dispatch:

While continuing to shoot down as many Russian missiles (made in North Korea) and drones as possible, Ukraine is continuing its drone strikes on military targets in occupied Crimea and the Russia’s southern Krasnodar region, in a bid to unsettle the population in advance of the country’s election.

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