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Roundup: Why Statute of Westminster Day matters

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Yesterday was Statute of Westminster Day, which most people don’t have a clue about in spite of it showing up on their calendars. It’s a hugely important day in Canadian history because it was a turning point in our sovereignty as it relates to our relationship with the UK—the creation of the Canadian Crown as a separate and distinct entity from the UK Crown. Canada and several other realms (Australia, New Zealand, Ireland, Newfoundland, and South Africa) were all granted Separate Crowns because they decided that the Crown was indeed divisible (and in Canada, further divisible among the provinces), and that meant things like being able to control our own foreign policy.

Today is Statute of Westminster Day, which is the birthday of the Canadian Crown as a separate entity from the UK Crown. It’s an incredibly important day for Canadian sovereignty, but mostly gets passed over, or under-taught in schools. #MapleCrown

— Dale Smith (@journodale.bsky.social) 2024-12-11T15:00:49.015Z

The problem, of course, is that we’re not taught this. We may be taught that that the Statute gave us more control over our foreign affairs (at least, I was in my social studies classes in Alberta), but it was couched more in terms of the aftermath of the First World War—the Canadian Crown was entirely absent from that discussion. And if you look at Parliamentary accounts on Twitter, for example, not one of them mentioned the Crown as the reason why we gained that autonomy and independence. It’s the whole gods damned reason why, and we don’t celebrate that at all. It’s a real problem as to why we don’t have a grasp of basic civics in this country, and something we need to rectify.

Ukraine Dispatch

Russian troops overran or captured several Ukrainian positions near the strategic city of Pokrovsk. Ukrainians struck a Russian airfield near the Azov Sea with US-made missiles, and a Ukrainian drone hit police barracks in Chechnya.

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Roundup: Elizabeth May to the rescue (again)

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The House of Commons has once again embarrassed itself in voting to send the NSICOP report to Justice Hogue for her to review, and its documents, to see if she can do or say something about the potentially “disloyal” parliamentarians therein. She can’t, and won’t, because this is a political problem and MPs have just voted to kick this down the road until October because certain of the leaders can’t arse themselves to be adults and take their responsibilities seriously, preferring instead to remain ignorant so that they can shout increasingly lurid and baseless accusations from the rooftops, because that gets them clicks and engagement on social media, and that is the cart that is driving politics in these debased times. Hopefully Justice Hogue will get this request and tell MPs to go drop on their heads because she has enough work to do and not enough time to do it in, thank you very much, and this is their political problem to solve, not hers. But we’ll see.

Meanwhile, Elizabeth May was the adult in the room, who took the opportunity to avail herself of the security clearance she acquired over the course of these months of foreign interference handwringing, and did read the full, classified report, and then took to a microphone in the press theatre in the West Block to discuss what she could about the report, and then went on Power & Politics later and refined those remarks even further. And what did she find? No list of treasonous or disloyal MPs, a handful of cases of MPs who are no longer serving who may have been compromised in some manner, and the one incident of a former MP who should be investigated and charged. And even more to the point, she just proved that reading the report wouldn’t tie Pierre Poilievre’s hands, that he could still talk about the conclusions of the report without any specifics, and that Michael Chong has indeed spouting bullshit when he claimed that he knew more than a former CSIS director about this.

Hopefully this means that the hot air has been drained from this, particularly since Jagmeet Singh will read the classified version today, and Yves-François Blanchet seems to have finally been convinced to get the proper clearance so that he too can read it for himself. That leaves Poilievre as the odd man out, insisting on remaining ignorant, but hopefully with the other leaders offering similar reassurances as May, this could deflate the issue and turn to the real issues about how to better combat this sort of interference, letting parties put in necessary internal reforms to prevent nomination races from being coopted, and so on. That relies on them being grown-ups, and if one party decides to remain off-side and not among the adults in the room, that will be pretty telling. There should also be questions asked of the members of NSICOP for not providing reassurance from the start, and for letting this issue blow up unnecessarily, because that should have an impact on their credibility, or would if the Elder Pundits of this country hadn’t decided on a particular narrative that they are going to relentlessly pursue, regardless of what has transpired.

Ukraine Dispatch:

Kharkiv’s mayor says that the ability to strike missile launch sites across the border in Russia has helped calm the number of attacks his city has been facing. At the recovery conference in Berlin, Ukraine has been attracting pledges to help modernise its air defences to help prevent the need for even further rebuilding.

https://twitter.com/ukraine_world/status/1800249418949841359

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Roundup: Capping temporary foreign workers

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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: A resignation that won’t solve the problem

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A couple of days after everyone declared ministerial responsibility dead for Ontario housing minister Steve Clark’s refusal to resign over the Integrity Commissioner’s report and his own gross negligence and dereliction of his duties, Clark did resign, at 9 AM on Labour Day, pointing to an attempt to take the sting out of the messaging. Ford later announced changes to his Cabinet which would put Paul Calandra in the housing file, in addition to Calandra’s existing role as House Leader.

Ford, however, insists that the tainted process for those Greenbelt lands will carry on, and while he is promising a “review” of the process, he won’t do the one thing the Auditor General and Integrity Commissioner have said, which was to cancel this process and start over. In fact, yesterday morning, Ford left open the possibility of reviewing all Greenbelt land and opening it up for development, which is unnecessary for housing needs—he hasn’t even implemented the recommendations of his government’s own housing task force, which explicitly stated they don’t need to develop those lands because there are fifty other things they should be doing instead.

https://twitter.com/MikePMoffatt/status/1699015630316360078

https://twitter.com/StephanieCarvin/status/1699103206893056279

And that hasn’t been all. As this sordid affair continues to drip out, the identity “Mr. X” from the reports has been identified as a former mayor and developer who Ford has ties with, and his operation is practically stuffed with Batman villains. The jokes write themselves, but just make the corruption all the more hard to take.

My latest:

  • My weekend column looks at how ministerial responsibility changed in the age of message discipline, but how Doug Ford and Steve Clark can’t do the bare minimum.
  • At National Magazine, I look at the number of “secret trials” that we have seen come to light recently, and what could be behind them.
  • Also at National Magazine, I get some reaction to the Competition Tribunal’s cost award to the Bureau and the signals that they are sending by it.
  • My column points out just how inappropriate it is for premiers to write open letters to Bank of Canada governor Tiff Macklem, and how it corrodes our system.

Ukraine Dispatch:

Russian strikes damaged more grain warehouses at the Danube port of Izmail. Ukrainian forces say that they have taken more ground in both the eastern and southern fronts, as president Volodymyr Zelenskyy visited two front-line areas. Ukraine’s defence minister is being replaced by Rustem Umerov, a Crimean Tatar, who headed a privatization fund. Ukraine’s parliament passed an anti-graft law that contains a loophole, and many are urging Zelenskyy to veto it as a result. A parts shortage and a dispute over intellectual property rights is hobbling the ability to repair the Leopard 2 tanks we sent to Ukraine. And Ukrainian intercepts show Russian soldiers complaining about poor equipment and heavy losses.

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Roundup: The dog and pony show around Telford at committee

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After weeks of haranguing, filibusters, and Question Period clown shows, the prime minister’s chief of staff, Katie Telford, appeared at the Procedure and House Affairs committee. Shortly before she appeared, documents were tabled to show some dates of briefings the prime minister had with his National Security and Intelligence Advisor, but there weren’t many specifics, and in her testimony, Telford didn’t fill in any of those blanks. And nearly two-and-a-half hours were spent with Telford largely telling MPs that she couldn’t confirm or deny anything, except when the Liberals asked her to pat herself on the back for all of the actions the government has thus far taken around taking foreign interference seriously.

And of course, the Conservatives spent the time putting on a show for the camera, whether it was Larry Brock playing prosecutor—in spite of committee chair Bardish Chagger repeatedly warning him that this was a committee and not a court room—or Rachael Thomas’ rehearsed Disappointment Speech at the end. It was nothing but a dog and pony show.

This never should have happened. Telford never should have been summoned. We’ve once again damaged the fundamental precepts of parliamentary democracy and Responsible Government for the sake of some cheap theatre and clips for social media. Our Parliament should be a much more serious place, but this was just one more incidence of MPs debasing themselves and the institution for the sake of scoring a few cheap points.

Ukraine Dispatch:

Russian missiles struck the eastern city of Sloviansk, hitting residential buildings and killing at least nine people and wounding over 21.

https://twitter.com/ukraine_world/status/1646844031190614017

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Roundup: A bill drawn up by deranged constitutional saboteurs

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The fallout of the rollout of Danielle Smith’s “Alberta Sovereignty in a United Canada Act” carried on for much of the day, starting with a “clarification” that the province’s justice department sent out, but it didn’t clarify anything because it contradicted the plain language of the text, and I am forced to wonder why we aren’t seeing a raft of resignations because this whole affair has been an egregious, unconstitutional omnishambles from the get go. (From bean to cup…)

For his part, Justin Trudeau is keeping his powder dry and standing well back. While he said nothing is “off the table,” but added that he’s not looking to pick a fight, he knows full well that a fight is what Smith wants, because that’s what she hopes to use to leverage support in the next election, because there is a demographic in Alberta who likes the attitude of pugilism with the federal government, even though most of the grievances are imaginary or overblown. And no, he is not going to invoke disallowance on this because it’s a constitutional dead letter and would be provoking an even bigger constitutional crisis. But I also get the sense that “disallowance” is the new “Emergencies Act” that the press gallery in Ottawa is going to ask Trudeau about at every single opportunity, like they did through the height of the pandemic. But seriously, Gretchen—stop trying to make disallowance happen. It’s not going to happen. As for what Trudeau will do, I suspect it’ll be a reference to the Supreme Court of Canada after the bill receives royal assent, whenever that happens.

https://twitter.com/AaronWherry/status/1597961310779891713

For commentary on the bill, law professor Eric Adams lists the bill’s many unconstitutional aspects which will result in court cases, one way or the other. Emmett Macfarlane pulls no punches in calling it the most unconstitutional bill in modern history, goes through the many problems, and asserts that the bill was “drawn up by deranged constitutional saboteurs,” and he’s right. David Moscrop points out that the bill gives Smith a temporary win by harnessing populist forces to her benefit, where she can play victim when the courts eventually strike this down. Colby Cosh doesn’t take Smith at her word that she hopes never to use this legislation, and hopes that people can cool down before this escalates.

Ukraine Dispatch, Day 281:

Fighting continues both in the east, as Russians continue to try and advance to Bakhmut, and near Kherson in the south. Meanwhile, nine people were killed by fire over a 24-hour period as they tried to find ways of providing heat, and it didn’t go very well for an of them.

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QP: Theatrical accusations of breaking Canada

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With the PM still in Bali, his deputy was present, though it was unlikely that she was going to take on the usual proto-PMQ practice of the PM taking every Wednesday question. Pierre Poilievre led off in French, and he wondered why children in other countries could get access to pain medications but not Canada, and accused the government of inaction when there were warning signs in April. Freeland said that as a mother she understood the stress that families were going through, which was why the government announced a supply of additional medications from abroad. Poilievre repeated the question in English, with the added question of what date the Cabinet was aware of the shortages, but Freeland repeated her same response in her slow and deliberate style as she read the script in front of her. Poilievre turns back to French, somewhat unusually, and raised the inflation numbers that were released earlier, and blamed it on the so-called “triple, triple, triple” carbon price, which is of course not accurate. Freeland started off in English, saying that the only thing that has tripled was our Aaa credit rating, before switching to French to note how inflation stabilised. Poilievre was back in English to be dismissive, noted that heating oil costs were up over 70 percent in Newfoundland and Labrador, and gave his usual demands. Freeland noted that the people who are broke are those who followed Poilievre’s advice about crypto. Poilievre spouted a bunch of nonsense about the threat of deflation (which was real, which could have spiralled into a depression), and made some jibes about Disney+. Freeland responded that Poilievre lives in a nineteen-room mansion with a chef and a driver, and that while this is fine for the leader of the opposition, he was irresponsible in advising people to invest in crypto. 

Alain Therrien led for the Bloc, raised the federal debt position relative to the provinces, and demanded higher transfers to provinces. Freeland noted that transfers had increased by 4.8 this year, and that any other increased funding must come with accountability. Therrien insisted that people were suffering and blamed the federal government for under-funding the system, and Freeland agreed that there were real challenges in the system, and that Quebec got $10.1 billion this year, which was the 4.8 percent increase.

Peter Julian rose for the NDP in French, and denounced grocery CEOs and the Bank of Canada while demanding those grocery chains pay more taxes. Freeland read the approved lines about increasing corporate taxes, the recovery dividend, and luxury taxes. Daniel Blaikie took over in English to demand government intervention in the way of windfall taxes, and Freeland repeated the same points in English.

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Roundup: No further comment

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In the event you have been cut off from the news cycle, I became the story yesterday as MP Garnett Genuis raised a point of privilege, and said that I made him feel “unsafe.” While I won’t comment much further until the Speaker makes a ruling on this, I have selected a few tweets from the day about the incident.

https://twitter.com/EmmMacfarlane/status/1573021640413548545

https://twitter.com/EmmMacfarlane/status/1573043603072765952

https://twitter.com/EmmMacfarlane/status/1573056388770988032

https://twitter.com/Garossino/status/1573056918389948416

https://twitter.com/Garossino/status/1573058396278099970

https://twitter.com/dgardner/status/1573087699262918656

 

Ukraine Dispatch, Day 211:

While the operational pause on Ukraine’s counterattack continues, they have been engaged in recovering bodies that have been unburied for months from earlier in the invasion. It also looks like a high-profile prisoner swap has been arranged, that will include some of the defenders of Mariupol.

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Roundup: The edgy reporting on the state of the monarchy

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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: Meet Canada’s newest Supreme Court justice

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Prime minister Justin Trudeau announced yesterday that he will be appointing Justice Michelle O’Bonsawin to the Supreme Court of Canada, making her the first Indigenous justice on the top court. She will be replacing Justice Michael Moldaver, who retires on September 1st, a few months ahead of his mandatory date, and this is for one of the Court’s three Ontario seats. While it was a given that this appointment would be a woman in order to restore gender balance on the court, there has been pressure for an Indigenous justice for a while. This government has also mandated that official bilingualism should also be a requirement for appointment, which shrinks the pool of available Indigenous candidates a whole lot. And it’s not without controversy—it is true that, as many Indigenous activists point out, that kind of linguistic requirement is colonial, but it also has been pointed out that relaxing those kinds of requirements is generally done at the expense of French, which is also a very fraught notion with the insistence that French is “in decline” in the country (which is debatable, because use of French has been up in Quebec, but they are paranoid about the “mother tongue” statistics, which is generally about immigrants for whom French is not their first language).

While you can read O’Bonsawin’s application questionnaire here, it’s worthwhile noting that she comes to the Supreme Court directly from the Superior Court rather than the Court of Appeal. This isn’t a big deal, but it does speak to the pool of available candidates, because there are exceedingly few Indigenous judges at the appeal court level. This being said, it’s perfectly permissible to appoint people to the Supreme Court if they’re law professors, or even lawyers working in a firm—Justice Suzanne Côté was appointed directly from practice. This being said, O’Bonsawin has academic chops to add to her experience, with a PhD in the Gladue sentencing principles, which are about taking proper life circumstances into account during sentencing for Indigenous people. She also has done a lot of work around mental health, which is also important in the current legal environment, so it does look like she will bring a wealth of experience to the bench. The only thing I would say is that with Moldaver’s retirement, there is no longer a criminal justice specialist on the Supreme Court, which may be an issue in the longer-term, but there are enough bright minds on the court that I wouldn’t be too worried about it.

Meanwhile, here is some reaction from the president of the Canadian Bar Association, and several Indigenous leaders.

Ukraine Dispatch, Day 177:

Ukraine has been making several drone attacks in the areas of Nova Kakhovka, near the occupied city of Kherson, as well as possibly the Crimean port of Yevpatoriya, which seems to be about Ukrainians showing their capabilities to Russian aggressors. Ukraine is also warning that Russia is planning a “large scale provocation” around the Zaporizhzhia nuclear plant in an attempt to decouple it from the Ukrainian grid and attach it to the Russian grid, which is apparently a complex operation that could cause a disaster. Meanwhile, doctors talk about why they are staying in place in war-hit towns in Ukraine.

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