Roundup: Reasons to oppose a bad judgment

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: No, east cost LNG won’t happen (redux)

Because we never seem to learn, and because certain interviewers in legacy media refuse to take a hint or to learn about how this works, we got yet another incident of a European leader being asked about Canadian LNG, this time the prime minister of Greece, who is in Canada for a couple of days. “Of course,” they’d be interested, if it was available “at competitive prices.” Which is the real trick, isn’t it? Because that’s not going to happen, particularly on the east coast where there is no ready access to a supply of natural gas to liquify, and where on the west coast, plenty of fully permitted projects are not moving ahead because nobody wants to sign commitments to buy the product if they build the project. That’s kind of a big deal.

So, here’s University of Alberta energy economist Andrew Leach with some necessary sarcasm for this latest round.

And because Alberta decided to enter the group chat…

Ukraine Dispatch:

Russia launched new missile barrages that have gone as far into western Ukraine as Lviv, and one missile appears to have entered Polish airspace. Ukraine has launched its own attack on occupied Crimea, and hit two Russian warships and a communications centre in the process. Meanwhile, the weekend was spent disavowing any connection to the ISIS attack on the theatre in Moscow, which Russian officials keep trying to draw.

https://twitter.com/defenceu/status/1771864087267291183

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Roundup: Capping temporary foreign workers

Yesterday, ministers Marc Miller and Randy Boissonnault announced that the federal government will be setting a “soft cap” on temporary foreign workers as part of immigration levels coming this fall, with an eye to reducing the number who arrive in Canada. Part of this is justified by the fact that the pandemic labour shortages have started to subside, and there isn’t the same need for as many, particularly in low-wage sectors where the valid criticism is that access to these workers keeps wages artificially low, though we have seen a great deal of wage growth over the past two years as part of the labour shortages and rising inflation, and wage growth has been outpacing headline inflation for a while now (which lends to fears of a wage-price spiral if wage growth doesn’t start moderating).

Mike Moffatt has some context for what the government announced, which is going to combine with the caps on foreign students.

https://twitter.com/MikePMoffatt/status/1770916193894891796

https://twitter.com/MikePMoffatt/status/1770917112007000102

On that note, The Logic takes a look at how those public-private partnership colleges are going to have to deal with the new federal rules around capped numbers, after they learned to exploit the old system, which was treated very much as a loophole by those students who knew they weren’t getting much of an education but were rather trying to get a foothold in Canada so they could get some work experience that would allow them apply for permanent residency—something else that the re-imposition of the caps on hours worked for international students is going to have even more of an impact on.

Ukraine Dispatch:

Russia launched its largest missile barrage against Kyiv in weeks, and while all of the missiles were shot down, there was still damage and injuries from the debris. As well, missile strikes damaged power supplies in Kharkiv, and a missile strike in Mykolaiv in the south killed one and injured four. Three Ukrainian-backed Russian rebel groups say they are continuing cross-border attacks following weeks of raids. Ukrainian women are talking about beatings they received at the hands of Russians during the occupation of their homes.

https://twitter.com/ukraine_world/status/1770729801940123891

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Roundup: When concerns become confessions

Yesterday, La Presse published an editorial cartoon that was all the way back to 1930s Germany in terms of its antisemitic tropes about Jews being vampires, and lo, there was controversy and much condemnation. It was pulled not long after, with a half-assed apology from the editor, but what I found particularly interesting was how many people lost their minds about what heritage minister Pascale St-Onge said, in particular that she would be “very prudent” on questions concerning the freedom of the press and refused to pass judgement, and called for compassionate conversations.”

I say this in particular because of all of these very same people losing their minds about the Online Harms legislation, and the frankly false concerns that this is going to be about the Liberals deciding what is and isn’t hate speech, and that they’ll prosecute and censor things they don’t like. And these are also the same people who insist that because the government is offering assistance to the struggling news sector (mostly by way of tax credits for salaries or digital subscriptions) that it means that the government must obviously be exerting control over what the news sector says or does. And then when a newspaper does something clearly antisemitic and the minister doesn’t offer threats, they condemn her for not doing all of the things they are saying the government is going to do and that we should be very, very afraid of them for.

Taking the cake in all of this was Conservative MP Michelle Rempel Garner, who taunted St-Onge over Twitter to “pull their government funding. I dare you.” Which pretty much proves the whole gods damned point, doesn’t it? If anything, it certainly makes all of these concerns about government powers—which are clearly structured in a way that they can’t be abused, particularly by codifying the Supreme Court of Canada’s Whatcott standard of what constitutes hate speech so that it’s not arbitrary—sound like projection or a future confession. But that would also require self-awareness on the part of all of these people losing their minds, which they clearly don’t have, and it’s all very telling.

Ukraine Dispatch:

Russia has launched a missile attack on Kyiv, while a missile attack on Kharkiv has killed five. Russia says they will add two new armies and thirty formations by the end of the year to Ukraine as they push Ukrainian forces back while ammunition delivers are slowed. Ukraine did launch a drone attack against a bomber base deep inside Russian territory. Here’s a look at why Ukraine has been targeting Russia’s Belgorod regions. Here’s the story of a ballet studio inside of a bomb shelter in Kharkiv.

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Roundup: Audits being virtually ignored

If the Auditor General releases a report and nobody reports on it, does it make a sound? I suspect we’re not far away from finding out, as once again, AG reports were released yesterday, and got the absolute bare minimum of coverage—two wire stories from The Canadian Press (combining two reports in one story, the third report as a standalone), that were picked up across several legacy media outlets, including major chains, and one CBC story that covered all three reports in the same piece. That was it. And in Question Period, the NDP raised one of those reports in Jagmeet Singh’s lead question, but in the most generic terms possible, and that was it.

To recap the reports:

  1. There hasn’t been a measurable change in the situation of First Nations housing in four audit cycles, and the process of devolving this responsibility to individual First Nations is not proceeding very quickly. (The government points out that there has been an 1100 percent increase in spending on First Nations housing, and that they are consulting on projects going forward).
  2. Indigenous policing agreements are not being lived up to by the RCMP or Public Safety, whether it’s with under-investment, under-spending of allocated funds, or the RCMP not being able to staff positions as they’re supposed to.
  3. The National Trade Corridors programme got off to a good start in the design phase, but the department isn’t tracking implementation or results very effectively, and that’s its own particular breed of problem.

It’s incredibly hard to hold a government to account if you’re not paying attention to the very reports designed to do just that, even if this isn’t one of the “sexy” special reports like on ArriveCan. Auditor General lock-up days used to be a packed affair, and now only two English-language outlets released stories. That’s a very bad sign about the state of journalism, and of the attention span within politics for these kinds of things when they don’t fit into the slogan of the day.

Ukraine Dispatch:

Both Ukraine and Russia each claim to have repelled numerous air attacks overnight on Tuesday and Wednesday morning. Russians say that they have captured the village of Orlivka in the Donetsk region, near Avdiivka. A new head of the Navy was named in Russia following so much damage and loss of their Black Sea fleet. Ukraine is hoping to have enough ammunition by April as the Czech-brokered deal gets closer to being fulfilled..

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QP: Calling out a committee chair

Both the prime minister and his deputy were present today, as were all of the other leaders, who had all attended the lying-in-state for Brian Mulroney earlier in the morning. Pierre Poilievre led off in French, and he rattled off his slogans, but quickly switched to English and claimed that the PBO “confirmed” that in every province people pay more in carbon levies than they get back in rebates (which isn’t really true, because he’s looking at a different set of numbers), and demanded that the prime minister give his caucus a free vote on their Supply Day motion about cancelling the increase. Justin Trudeau responded in French that eight out of ten families get back more than they pay, and that Poilievre only wants to take money out of people’s pockets while they do nothing about climate change. Poilievre stayed in English to read that the Nova Scotia legislature voted unanimously to reject the carbon levy increase, and demanded a free vote on their motion, to which Trudeau listed what their carbon rebate is. Poilievre read a misleading number about how much the PBO says the levy costs the province, and repeated his demand, and Trudeau doubled down to praise the rebate, but didn’t dispute the PBO number. Poilievre then raised Bonnie Crombie saying she won’t implement a carbon price in the province if elected and again demanded a free vote. Trudeau trotted out the full lines about affordability challenges, and the Ontarian rebate level—because he needed his full clip. Poilievre then raised BC, misleadingly stated that the province “administered” the federal price, which is wrong, and Trudeau complained that Poilievre doesn’t care about facts, but only making “clever arguments,” to which the Conservative caucus got up to applaud before he could finish his point.

Yves-François Blanchet led for the Bloc, and he resurrected the “fiscal imbalance” talking point from the grave, to which he accused the federal government of engineering Quebec’s deficit, which is…a novel argument. Trudeau said that the federal government is there to help provinces, while the Bloc is only trying restart a sovereignty debate. Blanchet accused the federal government of owning Quebec $7 billion, and Trudeau insisted that he works with the Quebec premier, not the Bloc.

Jagmeet Singh rose for the NDP, and raised the Auditor General’s report on Indigenous housing. Trudeau thanked the Auditor General for her report, and said that they are working in partnership with First Nations to advanced their priorities. Singh repeated the question in French, and Trudeau insisted that they have invested recorded amounts in housing and services for Indigenous communities, but they have made progress.

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Roundup: Watering down a non-binding motion

Much of the sitting day was consumed with a great deal of nonsense, some of it procedural, as the NDP moved a Supply Day motion that, among other things, called for the immediate recognition of Palestinian statehood. This was supposed to have been debated on the previous Friday that the House sat, before they decided to suspend because of the death of Brian Mulroney, and it got picked up today.

From the start of the debate, Mélanie Joly corrected pointed out that you don’t change foreign policy with an opposition motion (and one could argue that matters of foreign policy should perhaps be confidence measures), but behind the scenes, Liberals spent the day trying to negotiate amendments to the motion in order to find some shared language that more of them could support, because this was going to divide the Liberal caucus one way or the other (and one suspects that the NDP was fully trying to create some mischief and sow some discord, if only to try and claim a self-righteous position in the matter of Gaza). And at the very last minute, they did come up with an amendment that softened the NDP’s motion a lot, including the removal of the call for an immediate declaration of statehood, but it all went sideways at that point, as the amendment was moved before French translation had been provided, and there were howls of protest from both sides as MPs felt blindsided by them. Andrew Scheer got all huffy saying that the amendments were out of order because they essentially changed the fundamental nature of the motion, but the Deputy Speaker eventually decided that since the NDP, who moved the original motion, didn’t object, then the motion could be considered in order. There were then subsequent votes to adopt the motion, and when that passed, to vote on the amended motion as a whole, and it too passed.

In the aftermath, the NDP declared victory, and Jagmeet Singh crowed about what they “forced” the government to do. Erm, except it’s a non-binding motion and nobody is forced to do anything, and pretty much everything in the amended motion were things the government was doing already. Of course, the NDP watering down their motion in order to claim a hollow, moral victory is pretty much 100 percent in keeping with how they roll, particularly lately, while the Liberals dodged yet another bullet on this particular file where they cannot win no matter what they do.

Ukraine Dispatch:

Ukrainian defences shot down 17 out of 22 Russian drones yesterday, but there was still damage to Kryvyi Rih from those that got through. Ukrainians continued to target Russian refineries, as drone warfare remains one of Ukraine’s best weapons against Russia. Meanwhile, Ukrainian officials are alarmed that Putin’s talk about creating a “buffer zone” inside of Ukraine means a likely escalation in the conflict.

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QP: Spike the Hike vs Scrap the Crap

Kicking off the sole sitting week of the month, the prime minister was not present for QP, though he did show up immediately after, for the speeches paying tribute to Brian Mulroney. Trudeau’s deputy was present, however, as were most of the other leaders. Pierre Poilievre led off in French, and after rattling off his slogans, he railed about the increasing carbon price, and pivoted to a decree about supposedly closing the forestry sector in Quebec. Chrystia Freeland responded that Quebec has their own system for carbon pricing, which…was not the question. Poilievre noted that wasn’t what he asked, and then asked something around police needing to control crowds for food basket deliveries. Freeland noted that the Conservatives only want to cut supports for those less fortunate. Poilievre switched to English to again rattle off his slogans, and noted military families going to food banks and demanded the levy increase be curtailed. Freeland repeated that the Conservatives only want to cut programmes people rely on. Poilievre declared this to be “fear and falsehoods” and repeated some slogans about the carbon prices. Freeland retorted that Poilievre traffics in fear and falsehoods, and repeated that he wants to cut the carbon rebates. Poilievre read an out of context figure about how much the increase will cost—citing a different figure than what applies to households—and Freeland gave a somewhat confused group of carbon rebate points that didn’t really flow.

Alain Therrien led for the Bloc, and raised the PM’s meeting with François Legault last weekend, and lamented all the things that Trudeau rejected that Legault warned. Marc Miller noted they already have an agreement with the province, but they won’t turn over all powers. Therrien took a swipe at Trudeau’s radio interview on Friday, and Miller repeated that they have constructive dialogue with the province.

Jagmeet Singh rose for the NDP to exhort the government to vote for their Supply Day motion on Palestinian statehood. Mélanie Joly said they agree with the aims of peace, but didn’t say if they would or would not support it. Singh repeated the demand in French, and Joly noted that she was in the region last week, and spoken about a two-state solution but again didn’t give a clear answer.

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Roundup: Premiers concern trolling on the carbon levy

A number of premiers have been writing letters to the prime minister, imploring him not to increase the carbon price on April 1st, citing the cost-of-living challenges that people are having. Unmentioned, of course, is the fact that the rebates are also increasing, and they’re front-end loaded, meaning the higher rebates already come into effect as the carbon levy increases, so if you pause the increase, the rebates will have already increased, which is going to cause a problem down the road for the federal books.

Nevertheless, this is largely concern trolling from the premiers, and yes, that includes Newfoundland and Labrador premier Andrew Furey, whom everyone has been making a big deal of because he’s currently the last Liberal premier standing, and he too is making the call. “Oh, just hold off on the increase while rates are still high!” they say, but rest assured, it will never be a good time to raise the price, and it will stall climate action, while the premiers mouth that they still believe in fighting climate change so long as it doesn’t cost them anything or that they don’t have to take any action, or that they’ll solve it through magical technology that hasn’t been invented yet, and never will be, especially not without adequate price signals that the carbon levy provides as it increases. Also, we’ve been down this road before with the price of oil. When it rises, people buy more fuel-efficient vehicles, and when it comes down, they go right back to buying SUVs and ridiculously oversized pick-up trucks that drive on suburban roads and never haul anything (especially because the box sizes in newer models are tiny).

If I were advising the government (and clearly, I’m not), I would insist that they hold the line on the increases, make the point about the rebates as much as possible—especially as they are delivering more to those who need it the most—because they can’t afford to show any further weakness on this file if they want to have any credibility left. They shouldn’t have caved on the home heating oil (but should have come up with a better temporary rebate for those in that particular situation), and they most especially shouldn’t have made the announcement in front of every single Atlantic MP (which was the single dumbest thing they could have done, so of course they did it). Maintaining the credibility of the programme may be its best hope for staying put, particularly when compared to all other options.

Ukraine Dispatch:

Russian missiles hit two apartment buildings in Kryvyi Rih on Tuesday, killing three people. Ukraine’s security service says it broke up the largest pro-Kremlin “informational sabotage” networks it has found to date. Russia says they fought off “incursions” coming from Ukraine in the Belgorod region, while Ukraine fired drones and missiles at a major refinery in Russia, inflicting serious damage.

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Roundup: Taking Atwood’s unfounded concerns too seriously

I am starting to think that the Globe and Mail has a secret penchant for humiliating Margaret Atwood while pretending to substantiate her concerns about legislation. They did it with Bill C-11 on online streaming, where Atwood read a bunch of utter nonsense on the internet, some of it by a fellow CanLit author who is currently a crank in the Senate, and she got concerned about bureaucrats telling people what to write. It was utterly ridiculous, but what did the Globe do? Write up her concerns as though she knew what she was talking about, including the part where she admitted she hadn’t really read the bill.

And now they’re doing it again—same journalist, in fact—about the Online Harms bill. Atwood again read some stupid things online, this time from the right-wing press in the UK, and is again worried about “Orwellian” consequences because of “vague laws” and “no oversight.” And hey, the Globe insists that because she wrote The Handmaid’s Tale, she’s an expert in Orwellian dystopias. But again, Atwood is operating on a bunch of bad information and false assumptions, and the story in the Globe doesn’t actually do the job of fact-checking any of this, it just lets her run free with this thought and spinning it out into the worst possible scenario, which if you know anything about the bill or have spoken to the experts who aren’t concern trolling (and yes, there are several), you would know that most of this is bunk.

The biggest thing that Atwood misses and the Globe story ignores entirely is that the hate speech provisions codify the Supreme Court of Canada’s standard set out in the Whatcott decision, which means that for it to qualify, it needs to rise to the level of vilification and detestation, and it sets out what that means, which includes dehumanising language, and demands for killing or exile. That’s an extremely high bar, and if you’re a government, you can’t go around punishing your enemies or censoring speech you don’t like with that particular bar codified in the gods damned bill. I really wish people would actually pay attention to that fact when they go off half-cocked on this bill, and that journalists interviewing or writing about the topic would actually mention that fact, because it’s really gods damned important. Meanwhile, maybe the Globe should lay off on talking to Atwood about her concerns until they’re certain that she has a) read the legislation, and b) understood it. Honestly.

Ukraine Dispatch:

Ukrainian forces downed 15 out of 25 drones launched toward Odesa, while a Russian missile destroyed a grain silo in the Dnipro region. President Volodymyr Zelenskyy says that their frontline situation is the best it’s been in three months as they have improved their strategic position. Here is a deeper look at the Ukrainians’ retreat from Avdiivka, as ammunition was low and one of their commanders disappeared. UNESCO says that Ukraine will need more than a billion dollars to rebuild its scientific infrastructure that has been damaged or destroyed in the war.

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