Roundup: The first Sovereignty Act lawsuit

The first legal challenge to Danielle Smith’s risible “Sovereignty Act” has been filed, and it’s from the Onion Lake Cree Nation, citing that the Act tramples on their treaty rights, that it’s ultra vires the province’s authorities, and that they were not consulted on it when it impacts their rights. This shouldn’t be a surprise—they warned her that she didn’t consult them and that this was going to be a problem, and she not only didn’t listen, she made the utterly offensive comparisons, claiming that the federal government oppresses Alberta like it did First Nations. This is who she is. I can’t wait for the courts to smack this legislation down for the unconstitutional mess that it is.

 

Ukraine Dispatch, Day 300:

Russian drones struck Kyiv’s power grid for the third time in a week, as 18 out of 23 drones were shot down over the city, and those successful drones are said to have caused fairly serious damage. There were also reports of kamikaze drones flying over a nuclear power plant in the Mykolaiv region.

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Roundup: Delaying the expansion of MAiD?

The day after the House of Commons rose for the winter break, David Lametti and Carolyn Bennett announced that they would be moving to delay the implementation of the expansion of medical assistance in dying for those who suffer solely from a mental disorder, or for mature minors with terminal conditions. The problem? The expansion date is already legislated, so they will need to pass legislation when they return at the end of January in order to make that happen, and they haven’t released any details to opposition parties about what kind of delay they’re talking about.

There are a lot of problems with this announcement. While I won’t repeat most of what I wrote in this column last week, part of the problem is that this perpetuates an unfairness for those who have an untreatable mental disorder but also have another comorbidity who can apply for MAiD while those who don’t have the comorbidity can’t, and in the process, it continues to stigmatise mental illness. That’s why the delay also goes against the Supreme Court of Canada’s finding of unconstitutionality. Meanwhile, everyone who says “mental health is health” but is pulling for this delay is making a hypocrite of themselves because you’re proving that it’s something separate. Additionally, you can’t just say the federal government shouldn’t go ahead with the expansion until more supports are offered because they cannot legislate those supports. Those have to come from the provinces, who are not bound to any federal timetable, and while yes, the federal government is negotiating a dedicated mental health transfer to the provinces, we are back to the problem of negotiating outcomes into that agreement and provinces balking at strings. We can’t divorce the fact that most of the objections to this are either socially conservatives in nature that oppose all forms of MAiD in principle, or it’s from people squeamish about mental illness and who are further perpetuating stigmatisation. I have little doubt that this is going to turn into a meltdown in February once MPs are back, and it’s going to be extremely hard on the system.

Ukraine Dispatch, Day 296:

Russian forces are pounding the Donetsk region. Russia has been threatening “consequences” if the US does deliver a Patriot anti-missile system to Ukraine, without spelling out what those are, but part of the problem with America transferring the systems is that they take some 90 personnel to operate and training which they can’t provide on the ground.

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Roundup: End of the 2022 fall sitting

Yesterday was the last sitting day of 2022 for the House of Commons, and as is common at this time of year, everyone is cranky and ready to go home and have a nap, and this year is no different. This being said, Question Period has been pretty sedate overall the past few weeks, and there have been pre-Xmas QPs in years past that were rancorous, and we haven’t had that. Nevertheless, the government is in definite need of time to go regroup after the way they utterly ballsed-up their own gun control legislation, as well as some of the other problems with bills like their broadcasting and online news legislation. Hopefully some time away will help them get their priorities straight, and to fix the mistakes they made by either being too clever by half, or by sheer incompetence (and sometimes it’s a tossup as to what the problem was indeed).

I will note that there was an outcry over Twitter from members of the disability community that the Canada Disability Benefit legislation didn’t pass before they rose, and an NDP MP tried to pass a motion to give emergency funds in the interim, as though that were remotely feasibly and wouldn’t result in provinces clawing back their own meagre benefits. (Seriously, CERB was not magic.) The thing that needs to be remembered is that the CDB bill is just a framework—even if it passed yesterday, it wouldn’t pass the Senate in time, and when it does pass, it needs to go through a massive regulatory process to fill in the benefits, which also needs to be done with provincial negotiations so that we don’t wind up in a situation where provinces either claw-back benefits or funding so that these people are worse off than they were before, or where things wind up in a situation where other supports are withdrawn because they were means-tested and the federal benefit moves them out of reach of those thresholds, which again, will disadvantage those who need it. None of this is happening overnight, and it’s a process. So frankly, the fact that the bill didn’t pass before Xmas this year is not surprising, and wouldn’t have an immediate impact in any case.

Ukraine Dispatch, Day 295:

Ukrainian authorities say that they intercepted and destroyed thirteen explosive-laden drones headed for Kyiv yesterday, but the wreckage still damaged five buildings. Meanwhile, Russia has said there will be no Christmas ceasefire in Ukraine, which isn’t surprising (though the only thing even less surprising would be them agreeing to it and then reneging). In the meantime, they have shelled the regional administrative centre in Kherson, because.

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QP: One last kick at the can for 2022

It was the final Question Period of 2022, and not a moment too soon. After we got the traditional recitation of the Xmas Poem as read by Anthony Housefather (some of whose rhymes were a bit more tortured than in years previous), things got underway.

Pierre Poilievre led off in French, raising a statistic about the rising cost of Christmas dinners, and wedged in a lurid tale of people threatening to access MAiD rather than living in grinding poverty (which ignores that that is not a criteria). Justin Trudeau said that he would like to join in and wish people happy holidays, but knows that it can be difficult because of global inflation, which is why they have created support programmes for those who need it, including with dental care and childcare. Poilievre switched to English to repeat his same points, but trying to tie poverty to government waste. Trudeau noted that Canadians step up for each other, and listed his government’s actions again. Poilievre again tried to tie supposed government waste to inflation, and Trudeau deployed his well-worn talking points about the government making the decision to help Canadians when they needed it and it resulted in the economy roaring back faster than our comparator countries. Poilievre demanded to know when the “waste” identified by the Auditor General would be paid back, but Trudeau mentioned this week’s by-election in his paean about his government supporting Canadians. Poilievre could not end the year without deploying a “triple, triple, triple” ear worm in worrying about heating bills, and Trudeau noted that the federal carbon price doesn’t kick in over in Atlantic Canada until the spring, so Poilievre was trafficking in misinformation. 

Yves-François Blanchet led for the Bloc, and tried to intimate that the premiers wanted to meet with him “like a family dinner,” and Trudeau noted that he has met with premiers more than any of his predecessors, noted that he was meeting with François Legault in a few days, but he was there to work with provinces to solve the healthcare crisis. Blanchet torture the family dinner even more, and Trudeau noted that the system as it exists isn’t working, which is why he was there to invest more, but it would take more than just throwing money. 

Jagmeet Singh rose for the NDP, and asked a very selective reading of the health-related promises from the election, and wondered where the action was. Trudeau noted that they were working toward rewards and outcomes with provinces. Singh declared that when he as prime minster, he would keep his promises (to much laughter), and demanded to know what happened to the promised $25/hour wage for long-term care workers, and Trudeau repeated that the federal government is there to step up, and that they would work with provinces to raise those wages.

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Roundup: Trudeau holding the line on health transfers

While NDP leader Jagmeet Singh makes empty threats about ending their confidence agreement with the government if they don’t *handwave* do something about the current crisis in paediatric hospitals, prime minister Justin Trudeau seems to be staking a pretty firm position that he’s not giving the provinces a blank cheque and that he’s going to only give money when there is an agreement to reform the system, starting with data on outcomes so that they can measure what the new funding is doing. In his year-end interview with The Canadian Press, Trudeau elaborated on this particular position, with the backing of some national doctors and nurses groups, that just throwing money at a broken system won’t solve anything, so he’s going to just keep kicking this problem down the road.

Of course, the provinces think they have the upper hand here and have spent all kinds of money trying to convince Canadians that this is all the federal government’s fault, because they have been given a free hand with blame-shifting for decades now, because they could get away with it. There is ever-so-slowly a coming around to the fact that no, this is pretty much entirely the provinces’ mess, and the fact that they think we’re all idiots who can’t see that they’re crying poor while running surpluses, handing out vote-buying cheques and giving tax cuts to upper income brackets. They can’t keep up this act forever, and they are looking increasingly desperate in their attempts to keep shouting “look over there!”

Meanwhile, let me note that PEI remains the only province still moving ahead (slowly) with national pharmacare, as they are slowly identifying gaps and adding them to the formulary.

Ukraine Dispatch, Day 294:

Ukrainians fleeing from Bakhmut describe constant shelling as Russians have pounded the city into nothing. In Kyiv, president Volodymyr Zelenskyy dissolved the District Administrative Court, which was rife with corruption and likened to a criminal organisation, saying that Ukraine can fight corruption and Russian invaders at the same time. The US has also been finalizing plans to send Patriot missile defence systems to Ukraine, which could help with the incoming Russian bombardment. Meanwhile, doctors and nurses from Mariupol have reassembled in Kyiv to help displaced Ukrainians in need of care. Elsewhere, here is the tale of Ukrainian women building drones in Latvia to send back to aid the war effort in Ukraine.

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QP: Mary Ng will only apologise twice

The prime minister was present today, while his deputy was off in Paris. Shortly before things got underway, the Ethics Commissioner released his report on a contract Mary Ng’s office awarded to a friend of hers, so that was also going to come up. All of the other leaders were present today, save Elizabeth May, for what it’s worth. After a statement about the passing of Jim Carr, Pierre Poilievre led off in French, and he first offered condolences to Carr’s family and to the Liberal caucus for their loss. With that out of the way, he asked about the list of soon-to-be banned hunting rifles and wanted more work on fighting criminals instead. Justin Trudeau thanked Poilievre for his thoughts about Carr, and said a few nice words about Carr’s legacy in both French and in English. Poilievre switched to English to repeat the question about “Grandpa Joe’s hunting rifle in Cape Breton” versus criminals, and this time, Trudeau insisted that Canadians are united about keeping communities safer from assault weapons, but they needed to ensure the ban stays in place, which is why they were moving ahead with their legislation but they would continue to consult to ensure they are capturing the right weapons. Poilievre raised the concerns of his backbench MPs about those weapons, and tried to insist this was a big plot against hunters. Trudeau dismissed this as misinformation and said they were going to continue to consult on the list because they were not interested in hunters, but the Conservatives only wanted to make assault weapons legal again. Poilievre then changed topics to story about immigration case files assigned to employees who are no longer there, to which Trudeau read some pabulum lines about modernising the system and resolving the “technical issues.” Poilievre changed topics again to the Ethics Commissioner’s finding that Mary Ng violated the rules in giving a contract to a friend, which he tried to tie to other previous scandals. Trudeau instead countered with some crowing about last night’s by-election victory in Mississauga—Lakeshore and how Canadians rejected Poilievre instead.

Yves-François Blanchet led for the Bloc, and after giving condolence about Jim  he concern trolled about immigration levels in Quebec before raising the story about the case files going to phantom employees before demanding that Quebec be given full control over its immigration system. Trudeau said that Quebec has the capacity to take more immigrants and they are there to help them with it. Blanchet insisted that Roxham Road-arriving asylum claimants were difficult to integrate and demanded more control over the system. Trudeau reiterated that they did not set a target for Quebec and they were there to work with the province.

Jagmeet Singh rose for the NDP, and in French, demanded the government do something about the paediatric health crisis in the country. Trudeau said that they realise there is a crisis, but they are not going to send a blank cheque like the NDP wants and will ensure they get outcomes. Singh repeated his demand to “find solutions” in English, and Trudeau repeated his response.

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Roundup: Not recognizing one of our most important events

Yesterday was Statute of Westminster Day, but you wouldn’t actually know it given how little attention it receives. My Apple calendar does mark the occasion, but how many people understand its significance? And they should, because it was probably the most significant development in our country’s constitutional history—arguably more significant than confederation itself, or of patriation in 1982. Why? Because the Statute of Westminster in 1931 was the creation of the Crown of Canada, as a separate and distinct entity from the Crown of the United Kingdom.

https://twitter.com/Canadian_Crown/status/1601987723476275202

This matters because it gave us control of our own foreign policy, and domestically, it centred the Governor General as taking advice only from the Canadian prime minister, no longer reporting to the UK’s foreign office like they used to do. There are fewer developments that are more important in how we have been able to operate independently as a sovereign country with our own sovereign at the head. So how did the various political parties mark the occasion, particularly in a year where the Crown of Canada has been in focus because of the transition to the new King?

Only the Conservatives put out a statement, and it didn’t even mention the Crown of Canada. So, that’s where we are. One of our most important constitutional developments as a country, left by the wayside. It’s a sad indictment of our history and civics knowledge that this happens year after year.

Ukraine Dispatch, Day 292:

Odessa is mostly in the dark after Russian attacks, and it could take a month to restore their power grid. As the battle in the eastern part of the country grinds on, the city of Bakhmut is essentially destroyed. And a month after being liberated, Kherson is still in the process of clearing the booby-traps Russian forces laid for civilians in the area.

https://twitter.com/strategywoman/status/1602012251543982080

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Roundup: Not a national government?

The “Sovereignty Act” passed in Alberta on Wednesday night, albeit in a slightly amended form where the Henry VIII clause was largely taken out, but it’s still hot garbage and still blatantly unconstitutional on a number of fronts, so have no worries there. Rachel Notley has, not incorrectly, pointed out that that the rejection of federal authority clearly lays the groundwork for separatism, and the brain trust (if you can call it that) which were behind the bill are actively trying to court a constitutional crisis, demanding constitutional changes or they’ll start holding separation referendums (because that won’t devastate the province’s economy like it did Quebec’s in 1980. Cripes).

And then Danielle Smith said something really stupid, like she is wont to do, insisting that we don’t have a national government (erm, we do), and that provinces are sovereign (they’re not), and made up a bunch of ahistorical nonsense about signatories to the constitution and powers of the provinces, and it’s all wrong, but it’s not like Smith cares.

As for Justin Trudeau, he is steadfastly refusing to take the bait, and it looks like there will be some court challenges to the legislation in Alberta before the federal government is forced to make any kind of move to refer it to the Supreme Court of Canada. Some of those challenges may come from the province’s First Nations, who can clearly see that this is going to infringe on their inherent and treaty rights because it’s a resource grab by the province (and likewise in Saskatchewan with their “Saskatchewan First Act”) which is an absolute violation of Indigenous rights.

Ukraine Dispatch, Day 289:

Russian forces shelled the entire front of the Donetsk region, in what Ukrainians say is a bid to secure the bulk of territory they have already claimed, with the fiercest fighting once again near Bakhmut and Avdiivka. Ukrainian officials are also saying that Russia has installed multiple rocket launchers at the Zaporizhzhia nuclear power plant, apparently trying to use it as a base to fire on Ukrainian territory, which not only violates all rules around nuclear safety, but is trying to use the plant as a shield from retaliation.

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QP: A rare ejection from the Chamber

The prime minster was present for the first time in over a week, and unusually, none of the other leaders were present. Jasraj Hallan led off, and accused the government’s deficit spending of “forcing” the Bank of Canada to raise interest rates, which is obvious nonsense to anyone who pays a modicum of attention. Hallan accused that spending of hiring Canadians, complained about the carbon price, and demanded it be scrapped. Justin Trudeau said that the Conservatives were consistent in opposing the government being there for Canadians, listing measures they voted against, while the government would continue to be there for people while being fiscally responsible. Hallan accused Trudeau of sitting in an ivory tower, spending money, and driving inflation, and insisted he was the “architect” of sending children to food banks. (Honestly, who is writing this material?) Hallan concluded by wondering when the prime minister would understand that Canadians can’t afford any more of his “failures.” Trudeau pointed out that Conservatives complain the government doesn’t help people and then oppose their measures to help people, whether it’s dental care, rental supports, or child care. Tracy Gray took over to complain that people can’t afford to heat their homes, blaming the prime minister on “tripling down” on carbon prices. Trudeau said that he has heard that people are facing difficult times, which is why they are there with supports in spite of Conservative opposition. Richard Martel took over in French to decry the interest rate increase, and he too blamed the government for inflation and carbon prices. Trudeau recite that while they are concerned about the rising cost of living, they are doing something about it unlike the Conservatives. Martel said it was “ironic” that the government says they understand concerns while they gave benefit cheques to dead people, before he demanded the cancellation of carbon prices. Trudeau said it was incredible to see Conservatives attack and make fun of benefits that helped Canadians during the height of the pandemic.

Alain Therrien led for the Bloc, and raised the RCMP contract for the company with Chinese ties, wondering how the prime minister could explain the lack of checks on this bid. Trudeau noted that they were concerned by the contract and that they would ensure that national security interests were not jeopardised. Therrien wondered why they didn’t consult with the CSE on this procurement, and Trudeau reiterated that they are looking into the contract.

Alexandre Boulerice rose for the NDP, and he shouted that they prime minister was absent on the file with the crisis in children’s hospitals. Trudeau took a script to read the measures that have taken around procuring medications and transfers. Don Davies read the same condemnation in English, demanding the prime minster sit down with premiers to solve the crisis. Trudeau insisted that they were increasing transfers and that they would be there to ensure there were significant improvements. 

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Roundup: The Auditor General is not infallible

I have to say that I am both amused and irritated by the number of stories out over the past couple of days about the Conservatives supposedly “defending” the Auditor General, or that there is a “battle brewing” between the AG and the Canada Revenue Agency because they didn’t agree with her calculations around some of the benefits or whom she believed were receiving them on a fraudulent basis. For one, the Conservatives didn’t come to her defence—it was a bit of cheap theatre for them to suddenly start screaming that the government somehow attacked her independence and therefore “democracy itself” (no, seriously, they said that) because the revenue minister said that the CRA didn’t agree with her calculations, and then cheekily added that it wasn’t her fault because the opposition was forcing her to do the audit (which is partially true—it was the compromise that they insisted on to pass the emergency COVID legislation back at the start of the pandemic, so the mandate was legislated, but because they demanded it).

My bigger problem is the fact that this disagreement is somehow scandalising because we have an unhealthy veneration of Officers of Parliament and the Auditor General most especially in this country. A virtual cult has been built around them, particularly by media, who love nothing more than watching the AG go to town on criticising the government of the day, no matter which stripe of government it is, and they will uncritically believe absolutely everything the AG says because they are independent, and therefore must be inherently credible. There are similar problems with this lack of critical engagement with the Parliamentary Budget Officer (and the current one has been a real problem around that, as he picks methodologies out of thin air), and again, his word is gospel. But they’re not infallible. The previous AG ballsed up the Senate audit really badly, and it was an absolute mess, but nobody wanted to talk about it because you can’t badmouth the Auditor General. It’s like a cardinal sin in this city. And departments should be allowed to have disagreements, because the AG isn’t going to get it right every time. That’s just a physical impossibility, and we should acknowledge that fact, but as we see, when it happens, it’s like heresy. People need to grow up, and media needs to be more critical of these Officers, because media is the only check they have.

Ukraine Dispatch, Day 288:

Kyiv’s mayor is warning people that while there is no need to evacuate at present, it could become necessary if Russian strikes continue on critical infrastructure over the winter. There are some concerns around movements inside of Belarus, but it is also suspected this may be a decoy and an information operation to keep Ukrainian troops near that border rather than at the front lines. Elsewhere, here is the harrowing tale of a Ukrainian father who was separated from his children by Russians while trying to flee Mariupol, and his ordeal in getting them back from Russian hands.

https://twitter.com/ukraine_world/status/1600404008463523841

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