Roundup: The possible constitutional crisis Ford wrought

The fallout of Doug Ford’s pre-emptive use of the Notwithstanding Clause to bigfoot labour rights carried on yesterday on a few different fronts. In Queen’s Park, the NDP’s interim leader and half of their caucus were ejected by the Speaker for calling Doug Ford a liar over his comments about the CUPE strike, and not retracting. And when one was ejected, another one did on their turn, and so on. This is becoming a problem in legislatures and the House of Commons federally, where it becomes difficult to call out blatant falsehoods because of the prohibitions from calling someone a liar, which has absolutely emboldened parties and elected officials in their respective legislatures at different times, but it’s really bad right now.

Federally, NDP MP Matthew Green tried to call for an emergency debate on this abuse of the power, but it was not deemed worthy, and I’m at a loss as to how it could be because this isn’t a federal matter, and there is nothing the federal government can legitimately do (and don’t say Disallowance, because that is a constitutional dead letter). Later in the day, Justin Trudeau had a call with Doug Ford to tell him that his pre-emptive use of the Notwithstanding Clause was “wrong and inappropriate,” but I’m not sure what more he can do about that, other than try and encourage enough public sentiment against Ford. After all, he likes to be the fun uncle, and if enough people are mad at him, he will back down. The question is sustaining enough anger and ensuring it is widespread enough for Ford to blink.

https://twitter.com/AaronWherry/status/1587989392383148032

Meanwhile, Andrew Coyne argues that federal disallowance powers should be revived to stop provinces’ abusive pre-emptive use of the Notwithstanding clause, and it’s a position I’m going to have to give more thought to, because in a limited way there could be an argument, but it would have to be very particular. I will also note that over Twitter, there has been some chatter that there wasn’t this disallowance talk with Quebec using the Notwithstanding Clause, which is wrong—it has been there, but it is usually met with the same reply, that it’s a constitutional dead letter, and you’re provoking a constitutional crisis. But the constant abuse may have provoked that very crisis, so it’s going to need some very careful consideration as to what next steps are, and what the unintended consequences may be.

Ukraine Dispatch, Day 253:

Russia is re-joining the deal to export Ukrainian grain through the Black Sea days after it pulled out of the agreement, saying that their security concerns have been met. Ukraine has officially denied being involved in the attack on Russian ships over the weekend, but president Volodymyr Zelenskyy says that Russia seeking security guarantees from Ukraine is a sign of how badly its invasion has gone for them.

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Roundup: Internet troll and wide-eyed naïf

The occupation leaders started their turn to testify at the Emergencies Act committee yesterday, and it’s quite an interesting picture that they are painting of themselves. Chris Barber, for example, admits to being a racist internet troll who “saw the light” thanks to all of the love and hugs during the occupation (sure, Jan), but also tried to present himself as this wide-eyed naïf who couldn’t possibly understand the MOU about overthrowing the government, or who believed all the honking was just these truckers being excited. Yeah, so believable. There were, apparently, power struggles between the different groups and organisers, and things started to spiral out of their control. Gosh, you think? And when Barber was presented with an email with an assassination threat targeting Chrystia Freeland, he insisted he had no knowledge of this—because, you know, it was all peace and love. (Credit to Shannon Proudfoot for the troll/naïf descriptor).

Elsewhere, Doug Ford’s lawyers were at Federal Court to argue that the rule of law would be “irreparably harmed” if Ford and Sylvia Jones were forced to testify at the public inquiry or deal with any subsequent contempt proceedings, which…is a bit much. The judge in the case noted that the parliamentary privilege relates to criminal and civil courts, but does not specify public inquiries (because the basis of the privilege stems from a time when the Crown controlled the courts). Said judge also said he expects to have a decision by November 8th, which is two days before Ford and Jones are supposed to testify at the inquiry.

Ukraine Dispatch, Day 252:

Russian authorities in occupied territories have ordered the evacuation of civilians in an area near Kherson, which the Ukrainian government considers a forced depopulation, which is a war crime. Russians also fired missiles into an apartment building in the port city of Mykolaiv, and have destroyed about 40 percent of the country’s energy infrastructure as winter approaches.

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Roundup: A hospitalized interpreter should be a wake-up call, but probably won’t be

The inevitable has happened, and a parliamentary interpreter collapsed during a Senate committee meeting after an acoustic shock and was sent to hospital as a result, when the committee chair decided to go ahead with a meeting despite the fact that two witnesses appearing by video did not have appropriate headsets. And to add to matters, this interpreter was a freelancer and not in the union, so they won’t be getting sick pay for this injury either, given that they were filling in for the full-time, unionised interpreters who are on leave for the injuries they are all facing because of hybrid sessions and meetings, and the fact that the vast majority of MPs and senators simply do not care about their well-being, or the fact that these kinds of acoustic injuries can lead to permanent hearing loss. They don’t care because it would mean giving up the luxury of staying in their ridings rather than coming to Ottawa when they don’t want to, even if it means treating the interpretation staff like furniture. (And as we’ve established, they cannot simply hire more interpreters because there aren’t any more to hire—they’re not even graduating enough to meet the level of attrition from retirements and those quitting from injuries).

To add to this was Government House Leader Mark Holland appearing at the Procedure and House Affairs Committee, where they are debating extending hybrid sittings, possibly permanently, and he spoke about his suicide attempt after his 2011 election loss and used that tale as justification for extending hybrid. And as brave as Holland is to share that story, I find myself deeply disturbed by the fact that he is using it to push for a morally bankrupt proposition around making hybrid sittings permanent when he knows the human cost to them. I am also appalled that the lesson is trying to be “when an MP is struggling, let them work from home” rather than “when an MP is struggling, let them take the time they need to get better and not create an unrealistic and dangerous expectation of presenteeism.” MPs are allowed sick days and leaves of absence. They do not need to be on call 24/7, or to vote on every single issue. There were rules about pairing for absences for decades, and they worked just fine. It’s the same with the groups who keep appearing at PROC, such as Equal Voice, who insist that we need to make hybrid permanent to let more women with children participate in Parliament—it ignores the human toll on the interpreters (and when you raise it, they simply handwave it away with the magic words “we need to find a solution”), and frankly these MPs have the luxury of options when it comes to arrangements they can make. Hybrid or virtual sittings injures interpreters. If there is a technological solution, Parliament has been ignoring it. It is frankly morally reprehensible that they continue to have this debate at the expense of the health of these interpreters. It would be great if this publicised injury and hospitalisation were a wake-up call, but I am frankly too cynical at this point to believe that is going to happen.

Ukraine Dispatch, Day 244:

Russia continues to claim that Ukraine is planning to use a “dirty bomb,” which sounds increasingly like pretext for Russia to detonate one, and that they have been using their occupation of the Zaphorizhzhia nuclear plant to build it.

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QP: Admitting to an insincere oath

While the prime minister was present today, his deputy was not, for what that’s worth. Pierre Poilievre started off in French, where he blamed the federal government for causing inflation with deficit spending (false) and he misquoted Mark Carney about the nature of that inflation, and asked whom people should believe—the current leader or the future one. Justin Trudeau listed some of the global causes for inflation (not mentioning that food price inflation is largely climate-driven), but turned this into a pitch for their dental care and rental supports. Poilievre switched to English to give his facile understanding of how the war in Ukraine affects inflation in Canada, misquoted Carney, and wanted the government to take responsibility for inflation in Canada. Trudeau reiterated that the Conservatives don’t want to help with dental care or rental supports. Poilievre doubled down on his misquote of Carney, calling him the future Liberal leader, and Trudeau repeated his same response. Poilievre insisted that Trudeau was the one who bid up inflation by giving people too much access to easy cash to inflate the housing market (erm…), and Trudeau trotted out his tired “we had Canadians’ backs” line (which really, really needs to be retired) and pointed out that this brought our economy back sooner, and then demanded support for dental and rental. Poilievre then listed a bunch of non sequiturs to blame the deficits on, and Trudeau said that the lesson from the pandemic was that Canadians support one another and we came out ahead as a result, and pitched dental and rental supports one last time.

Yves-François Blanchet led for the Bloc, and trolled for support on his Supply Day motion about severing ties with the “British” Crown (which Canada hasn’t been under since 1931). Trudeau said that of all topics the Bloc could have chosen, they decided to try and open the the Constitution. Blanchet tried to call it a choice between a British monarch and the people or democracy, and Trudeau pointed out that Blanchet swore an oath “to the British Crown” (No! He swore an oath to the Canadian Crown!), and reiterated that there are more important things to talk about.

Jagmeet Singh rose for the NDP and in French, blamed the prime minister for deaths in hospitals for lack of resources (never mind this is the fault entirely of the premiers). Trudeau reminded him that they increased transfers above the usual ones during the pandemic, and they are working with premiers when it comes to future transfers. Singh switched to English to demand that GST be removed from home heating (which disproportionately benefits the wealthy), and Trudeau stated that they have other supports for people and that the climate rebates give more money back to most households.

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QP: The King of Canada shouldn’t be a difficult concept

Both the prime minister and his deputy were away, but every other leader was present, for better or ill today. Pierre Poilievre led off in French as he usually does, and said that the government added $100 billion to the national debt before COVID, and $500 billion before Russia’s invasion of Ukraine, and that he added more to the national debt than any prime minister in history, which is pretty selective about the circumstances of what happened during that time period, like, oh, a global pandemic. He blamed inflation on this spending, which is not true, then raised the reports that Chrystia Freeland has given orders to reign in spending, and wondered how they can trust the people who caused inflation to fix it, which again, completely misrepresents the facts. Rachel Bendayan reminded him that Canada has the lowest debt and deficit of all G7 countries, and that they have a budget that will cut spending by $9 billion, while maintaining the strongest growth in the G7 while the Conservatives play petty political games, and praised the government for bringing Moderna to Montreal, which was an odd non sequitur. Poilievre repeated the question in English, with a bit of added self-congratulation, before Mark Holland asked what supports the Conservatives would have not offered to Canadians during the pandemic, and called out their amplifying anxieties before demanding they support dental care and rental supports. Poilievre said they would have cut ArriveCan or WE Charity, and not given money to profitable companies, before he recited some nonsense about inflation. Holland disputed that inflation is a problem only facing Canada, which is not true, before again demanding support for affordability measures. Poilievre insisted that countries who printed money all have high inflation, but countries like Switzerland who didn’t don’t have the same issue, which is a pretty selective reading of the facts. Holland noted that we are dealing with unprecedented times, which demands maturity and serious answers, and offered a sanctimonious request for the opposition to let their affordability measures go to a vote. Poilievre was incredulous, saying that only 0.3% of Canada’s trade is with Russia and Ukraine combined, so that they couldn’t possibly be contributing to inflation—which is possibly the dumbest gods damned leaps in logic I have ever heard. Holland accused the Conservatives of not supporting people who need it.

Yves-François Blanchet got up to claim that there is a debate about pledging allegiance to the “King of England,” worried that the federal government would interfere with Quebec’s secularism law, and then demanded to know who the head of state is in Canada. David Lametti noted that the oath of allegiance is part of the constitution and that courts have said that this is not an oath to the person, but the institutions. He did not, however, say that the King of Canada is our sovereign. Blanchet again demanded to know who the head of state is, and Pablo Rodriguez got up to rip that the Bloc don’t care about the issues of the day, but only about their pensions.

Jagmeet Singh rose for the NDP, and in French, demanded that the government support their plan to help people, to which Rachel Bendayan recited the measures the government has taken and pleaded for support for the other measures. Singh switched to English to decry a possible Rogers-Shaw merger, and demanded that the government oppose it. Andy Fillmore read a statement about ensuring that consumers are protected.

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Roundup: Smith disqualifies herself on day one

Her first day on the job, and Danielle Smith is already proving to be unsuited for public office. Shortly after being sworn-in as premier by the Lieutenant Governor, Smith held a press conference where she said that she wants to protect the unvaccinated, because they are the “most discriminated-against” group in her lifetime.

*deep breath, clenches fists*

No. Not even close. And let me tell you, it was a choice to say that on Coming Out Day. They are not discriminated against. There is no “segregation.” The unvaccinated are people who get to live with the consequences of making a selfish choice based on a bunch of junk “science” and conspiracy theories that they’ve consumed, and their reckless disregard for the vulnerable and immune-compromised. Those consequences? Not eating in restaurants or not getting to travel. A few lost their jobs because of the choice they made. Contrast this to actual discrimination that people suffer because of race, gender, sexuality, or disability. Consequences that include employment, housing, hate crimes, and even mass slaughter, and yes, this has all happened in Smith’s lifetime. This is her answering the grievances of the privileged, the entitled, and the selfish, and not having actually suffered discrimination, she lacks the basic self-awareness to know the difference between the two. This should be disqualifying.

Meanwhile, in Saskatchewan, Scott Moe unveiled his “white paper” on pushing back against so-called federal encroachment on the province, and well, I’ve read far more vigorous undergraduate papers in my day. The premise of said paper is that all environmental rules and regulations are just a ruse for keeping the province down, and controlling them, which is risible on its face. And the notion that Saskatchewan should somehow be a “nation within a nation” belies the fact that they don’t have a distinct language, culture, legal tradition, or pre-Confederation history. Calling hoodies “bunny hugs” is not a distinct culture. Resource extraction without concern for environmental consequences is not a distinct culture. Moe is doing some bad Jason Kenney cosplay, and it’s just pathetic.

https://twitter.com/EmmMacfarlane/status/1579907251221172224

https://twitter.com/EmmMacfarlane/status/1579907677316345856

Ukraine Dispatch, Day 230:

President Volodymyr Zelenskyy met with G7 leaders and asked for more air defences (to fend off future missile attacks like they faced this week), a price cap on oil and gas exports from Russia to cut off their funding, and an international mission at the Ukraine-Belarus border, presumably to keep any Belarussian forces out of the country. Some German air defence systems did arrive in the country yesterday, so they are starting to arrive as this ask is being made. Meanwhile, bodies are being exhumed from the mass graves outside of the city of Lyman, which was liberated from Russian occupation.

https://twitter.com/OlenaHalushka/status/1579849665226629121

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Roundup: Gatherings in advance of the funeral

As Canadian officials were in London over the weekend in advance of the Queen’s funeral, a number of meetings took place between the prime minister and King Charles III, and the King also met with the Governors General of the Realms. Trudeau also met with the new UK prime minister, Liz Truss and other world leaders, while back at Canada House, Mary May Simon invested Stephen Harper into the Order of Canada, while former prime ministers and Governors General took some time together.

Ukraine Dispatch, Day 207:

While the counter-offensive remains paused to allow supply lines to catch up and the units to recuperate, discoveries continue in cities and villages recently liberated. Beyond the mass grave found in Izyum, torture chambers have been found in Kozacha Lopan near the border. Russian forces continue to target civilian infrastructure, and have stepped up attacks since being forced from recently liberated areas. Meanwhile, Kharkiv is celebrating Pride, which is an accomplishment in a country still largely hostile to LGBTQ+ rights, as they are being invaded by a country that has been weaponising homophobia.

https://twitter.com/maksymeristavi/status/1570891880178786304

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Roundup: The edgy reporting on the state of the monarchy

It wasn’t unexpected, but Canadian media has decided to go full-on concern trolling for the republican cause while the world mourns the passing of the Queen. There is no end to the polls about Canadians’ feelings about the “British” monarchy (oblivious to the fact that we are under the Canadian monarchy, which is separate and distinct), or stories about Indigenous people and their relationship with the Crown, but they seem to entirely lack the nuances of the treaty relationship and the failure of the Queen’s Canadian government to properly uphold those treaties, and instead putting forward a narrative that the Crown was directly responsible for the cultural genocide of residential schools. There are stories aplenty of some of the Realms who are considering abandoning the monarchy in favour of republicanism, as Barbados just did, but some can’t seem to distinguish between the Commonwealth (a voluntary organisation mostly made up of former British colonial holdings, but has since expanded to include countries with no such colonial ties) and the Realms (the fifteen countries for whom the Queen served as monarch), and it makes the questions very awkward if they really don’t know what they’re asking (looking at you, Power & Politics). And then there are the stories, largely American, which can’t get the basics right about the funding of the monarchy, or that taxpayer dollars are paying for the Queen’s funeral (as though American taxpayer dollars don’t pay for their presidents’ state funerals, or for their presidential libraries/personality shines).

It’s predictable, and it’s utterly provincial. I’m sure plenty of them think they’re being edgy, or getting to the real hard news of the day, but it’s mostly coming off as ill-informed, devoid of proper context, and in some cases, without much in the way of constitutional reality. I wish I could say we should expect better, but sadly, it’s about exactly what we can expect form our media outlets.

Ukraine Dispatch, Day 203:

President Volodymyr Zelenskyy ventured out of Kyiv yesterday, visiting the strategic city of Izyum now that it has been liberated from the Russians. On the way back to Kyiv, however, his motorcade was involved a collision, though his injuries were said to be minor. One of the towns recently freed was Hrakove, which was largely levelled by Russians, and its original population of 1000 is now about 30. Meanwhile, nearly 5000 Ukrainian recruits have completed basic training in the UK from allied trainers, including Canadians. Ukraine is also seeking a more formalised treaty with Western partners to ensure its protection from future Russian invasion.

https://twitter.com/KyivIndependent/status/1570006459324284928

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Roundup: Stop saying “woke”

The first Monday after the Conservative leadership contest, and already shots are being fired between Poilievre and Trudeau. Poilievre kicked off the day, first by meeting with his Quebec caucus alone to reassure them and ask them to rally around him in unity, and then addressed the caucus at large with a public speech in which he decried Trudeau’s “radical woke coalition,” and then spouted a bunch of nonsense about inflation.

From his caucus retreat, Trudeau responded with a quick congratulation to Poilievre for his victory, before calling out his reliance on “buzzwords, dog whistles and careless attacks,” as well as his “highly questionable, reckless economic ideas.” While this is happening, it sounds like a few Quebec MPs told Radio-Canada that they want the party to move more toward the “Centre” (which is odd, because they never really left it, and no, they have not actually taken a sharp leftward turn), and wants them to be “less woke,” which again, is a strange turn of phrase because I’m not sure what it’s supposed to mean. Should they be openly racists or homophobic? Is that what they think will win them votes? Is attempting to be inclusive so terrible? Really?

Ukraine Dispatch, Day 201:

The Ukrainian counter-offensive carried on in the country’s northeast, clearing out much of the Russian occupiers that have been in place since February, and it was done with such speed in part because Russians were simply surrendering in large numbers. Many of these prisoners are intended to be swapped with Russia for captured Ukrainian troops, so we’ll see how that progresses in the near term.

https://twitter.com/TheStudyofWar/status/1569393669484036096

https://twitter.com/cmhwee/status/1569324523891363840

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Roundup: Poilievre on the first ballot

Not unexpectedly, Pierre Poilievre won the Conservative leadership race quite handily on the first ballot, with some sixty-eight percent of the vote, and winning the point share in about 300 of the 338 ridings around the country. This is going to be declared “decisive,” and that it will force the caucus to rally around him, but I have some doubts, particularly as you had MPs who were openly questioning their future in the party under a Poilievre win. We’ll see where they go in the coming weeks, but Poilievre is already making some backroom changes, including replacing the board of the party’s fundraising arm—because replacing the entire party machinery with loyalists is one way to ensure that the membership is stymied from holding you to account in the future (and yes, the Liberals are most especially guilty of this after Trudeau oversaw the party’s constitution be replaced with one dedicated to total control by the leader’s office). We’ll also see who he picks for his front-bench.

As for what this means moving to the next election, there is a lot of doubt that Poilievre is going to “pivot to the centre,” because he doesn’t think he can win there. He is likely to try and get more votes from the far-right, and access votes from there by appealing to them in various ways, as he has explicitly done so far, whether it was supporting the occupation in Ottawa, or playing along with conspiracy theories like those around the World Economic Forum. You’re going to have a lot of talking heads bring up that “300 ridings!” figure to show that he somehow has support across the country, when that is a massive sample selection bias, which shows that he knows how to organize small numbers nationally, but says nothing about the broader public. And while this thread from Justin Ling is good to read, I will echo his caution that calling Poilievre a “white supremacist” plays into his hands—his wife is from Venezuela, his children are mixed-race, and if the media tries the narrative on him, he will eviscerate them for it, while reminding everyone yet again about Trudeau’s history of Blackface. His opponents can’t play the game he wants them to play, but we’ll see if they have the capacity or ability. As for media, well, I suspect they will continue to keep both-sidesing his lies, and he’ll keep beating up on them, and on and on it goes.

For pundit reaction, Aaron Wherry remarks on Poilievre’s vow to remain as loud and antagonistic a populist as possible, and how he has been willing to undermine the institutions of democracy his whole careers. Jen Gerson considers Poilievre’s win the death knell of moderate conservatism in Canada, but it’s less a question of policy than of temperament. Althia Raj buys into the notion that Poilievre’s caucus will be more united, which frees up energy to fight the Liberals. Chantal Hébert believes that Poilievre’s victory will convince Trudeau to stay on for the next election, believing that he can’t let Poilievre win.

Ukraine Dispatch, Day 200:

The counter-offensive, particularly in the north-eastern part of Ukraine, has been advancing at a rapid pace, and Russians are fleeing with minimal resistance, leaving a lot of weapons and ammunition behind. President Volodymyr Zelenskyy put out a video mocking the Russian retreat, saying that it’s showing their best side. Further south, the Zaporizhzhia nuclear plant has now been completely shut down in order to prevent a nuclear catastrophe as shelling continues in the region. Meanwhile, in Sloviansk, in Donetsk province, continues to see artillery attacks as Russian forces try to take the entire Donbas region. While the counter-attack is a positive sign, it is likely that the conflict will continue for some time, with the added complication that Western allies are starting to run out of inventory to donate to the effort, and everyone needs to beware of what Putin may do when he feels like he’s been backed into a corner.

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