Tag Archives: Nominations

Roundup: A dubious Federal Court decision, but right about judicial appointments

Posted on by

The Federal Court ruled yesterday that the federal government must start filling judicial vacancies faster because, which is true, but the judgment itself is something of a mess. It’s hard to see how the Court has jurisdiction here, and the judge seems to have invented a bunch of justification and has handwaved around constitutional conventions, and in the end, declared that the government must fill most of those vacancies “in a reasonable period of time,” which is vague and of little value other than the declaration. Emmett Macfarlane has promised a post on this soon, and Leonid Sirota has a thread here taking issue with the reasoning (though not the underlying issue of not making sufficient appointments—everyone is agreed on that point).

I have been writing on this government’s problems with appointments since probably their second year in office, possibly even sooner than that. While you can look up the myriad of columns I have written, the short version is this: The government wants to make diverse appointments (which is good! This is a good thing!) but they insisted on a system of self-nominations rather than going out and nominating people. We know that women, people of colour, and LGBTQ+ people routinely don’t apply for positions like this because society has drilled into them the message that only straight, old white men get positions like this. Even the Liberal Party itself gets this in their candidate selection process, where they set up systems to be persistent in getting women and diverse people to seek nominations. And even with that, the federal government has utterly dropped that ball and thinks that they can simply say “We’re accepting diverse applications!” and expecting those applications to flood in. They seem to act like the Sesame Street sketch where Ernie simply goes “Here, fishy, fishy, fishy!” and the fish leap into the boat. That’s not how this works, and when they don’t get enough applications, it slows down the process tremendously. And after seven years, they have absolutely refused to learn this lesson. Refused! It’s some kind of giant ideological blinder that they cannot get their collective heads around, no matter how many times the Chief Justice of the Supreme Court warns them, or the Auditor General sounds the alarm about vacancies on port authorities or the boards of Crown corporations, or even their process for appointing senators. They absolutely refuse to learn the lessons of their failures.

It does bear mentioning that there has been an uptick in the pace of appointments in the past few months, and filling vacancies for provincial chief justices and associate chief justices has also picked up speed (and yes, I have been keeping an eye out for this). That said, making federal judicial appointments faster won’t solve the problems with our justice system because a lot more of them involve provinces not properly resourcing provincial courts or superior courts, where you have a lot of cases where there are no court rooms or court staff available, and that causes as many if not more problems. The issue of federal appointments, however, is low-hanging fruit so it’s taking a lot more attention than it should, and once again, premiers are being allowed to skate because of it.

Ukraine Dispatch:

Russians have struck a hospital and apartments in Selydove in eastern Ukraine, killing three people. Here’s a look at how Ukrainians are decoding Russian battle communications to save lives on the front lines. Russia is pulling old tanks out of storage and refurbishing them after having lost more than 3000 in the fighting in Ukraine over the past two years. Ukraine’s military intelligence is now saying that Russia has been buying Starlink terminals by way of “Arab countries.”

Continue reading →

Roundup: Reviving the NEP to own the Libs?

Posted on by

It’s kind of amazing how little thought goes into some of the slogan-laden thinking in so much of the politics in this country, and no party is exempt from it. It’s also funny how some of these policies are just rehashing of old programmes that they hated before. Case in point? Alberta trying to make hay about New Brunswick importing oil rather than getting it from Alberta.

Or as I like to say:

Ukraine Dispatch:

Russian drones hit a petrol station in Kharkiv, causing a massive explosion. The new commander-in-chief wants to regain momentum in the conflict, but problems with manpower and dwindling ammunition remain structural challenges for him.

Continue reading →

Roundup: More of a stage than an institution

Posted on by

The House of Commons is back today after the Christmas break, and you can pretty much guarantee that there will be a level of awfulness to the discourse, because that’s where things are right now. In fact, when asked over the weekend, former prime minister Joe Clark correctly noted that the House of Commons is “more a stage than an institution” these days. You’ve heard me bang on about this more times than I can count, but it bears repeating—MPs are no longer debating ideas. They are reciting prepared talking points into the record, because those are being used to generate clips for social media. It’s not even for the benefit of news media anymore, like it used to be (which caused its own particular problems with how QP works), because they all think they can just bypass legacy media and speak directly to their own audiences over their socials.

It’s no longer politics—it’s theatre. Bad theatre. The kind where people can’t even memorise their lines, but are full-on reading the script in front of them during the performance, not even on cue-cards that are far enough in the distance, and most of them can’t even be ashamed of their own amateurishness as they adhere to their party’s message, do what is expected of them, and continue to pretend that this is all normal.

And that’s why our democracy is in trouble.

Ukraine Dispatch:

Security officials in Ukraine say that defence ministry officials conspired with employees from an arms firm to embezzle nearly $40 million that was earmarked to buy mortar shells. President Volodymyr Zelenskyy has disclosed his own income as part of a drive for transparency and combatting corruption.

Continue reading →

Roundup: Official silence around Lewis’ most recent nuttery

Posted on by

There has been some attention paid lately to the fact that Leslyn Lewis is promoting a House of Commons e-petition that calls on Canada to withdraw from the UN, in the name of our “sovereignty.” Which is ridiculous, because the UN doesn’t impact on anyone’s sovereignty (which is partially why it’s such an ineffective body), but not unexpected. Lewis has peddled many a conspiracy theory around the WHO, or the World Economic Forum (which is a particular conspiracy theory that leans heavily into antisemitism), and has not only not received any rebuke from her party, but they actively encourage some of these same conspiracy theories—particularly those around the World Economic Forum (and then turn around and wonder about the rise in antisemitism. Gosh).

This largely went unmentioned in legacy media for a few days (but hey, a lot of people are still on vacation), but I do find the absolute silence from the Conservatives to be interesting. Some of their former staffers have tried to offer a bit of polish to this, but you can’t actually polish this. (And no, she’s not even data-mining on this kind of petition because it’s through the House of Commons’ portal, not her own or a party website). The simple fact of it is that the Conservatives are more than willing to engage in this kind of nuttery because they think that these are accessible voters in the next election, because these have tended to be people who didn’t used to vote, but then Maxime Bernier offered them something to vote for, and they flocked to his banner, and now Poilievre wants them under his, so he’s willing to entertain this dangerous nonsense and to keep shifting the Overton window in order to try and win those votes, even though it’s almost certainly a fool’s errand because they can see how hollow he really is. Nevertheless, he won’t stop trying, and we can expect more of this kind of nuttery going forward, because that’s who they are these days.

Ukraine Dispatch:

While there has been little movement on the front lines, long-range attacks back-and-forth carry on, with the Russians having acquired ballistic missiles from North Korea, while Ukraine has launched drone attacks both against military targets in occupied Crimea and the around the Russia city of Belgorod. A Ukrainian parliamentary committee is debating changing the rules around mobilisation, and increasing sanctions for draft evasion.

Continue reading →

Roundup: Trying to use guilt on Meta

Posted on by

As the wildfire situation intensifies, and more states of emergency are declared, Canadian heritage minister Pascale St-Onge has decided to try doubling down on using guilt to try and get Meta/Facebook back to the table to talk about the Online News Act, insisting that blocking news links puts lives in danger. I’m not sure I buy that—you can still directly access news sites, and they are easy to find, particularly the CBC and its local affiliates.

This, of course, led to yet another vapid re-litigation of the Act, and repeating many of the dumb arguments that don’t actually hit on the heart of the matter. There was the hand-wringing about “we trained people to go to Facebook for news,” which makes me wonder why we just don’t then retrain people to go directly to news sites or apps, while the discussion in the piece returns to the red herring about compensating for links. It’s not about compensating for links. It’s about compensating for Google and Facebook monopolizing the ad tech space and siphoning revenues from all links along the chain, and the Act providing transparency and fairness to the deals and negotiations that were already taking place. Which is also why stories about local media demanding the government capitulate to Meta’s bullying are particularly troublesome, because not only are they getting the narrative wrong (and the government needs to take a LOT of the blame for that one), but they’re saying that we should let web giants threaten sovereign governments if they don’t like what they’re seeing, and that’s especially troubling because these companies operate monopolistically and with impunity.

In the meantime, mendacious narratives about the legislation are also growing and becoming utterly grotesque, but between Poilievre and his Conservatives outright lying about the law, referring to it as government censorship and Nineteen Eighty-Four, and the government’s own false narratives about the bill and the supposed theft of content (not true), we’re sinking into a morass that is seeing disinformation players taking the already distorted narratives and turning it into a funhouse mirror. This is all very, very bad, but none of the players in this want to describe things with a modicum of accuracy and reality, and that’s a very big problem.

Ukraine Dispatch:

A Russian missile struck Chernihiv in the north on Saturday, killing seven and wounding at least 129 people. President Volodymyr Zelenskyy went to the Netherlands for talks, and for confirmation that the Netherlands and Denmark would be turning over F-16 fighters to Ukraine at the appropriate time. Zelenskyy has also been talking to Sweden about acquiring Gripen jets as well.

Continue reading →

Roundup: Involving Elections Canada?

Posted on by

The Chief Electoral Officer is talking about approaching parties about monitoring nomination races, which I have some mixed feelings about. While the impetus around this is of course the ongoing paranoia about foreign interference and the notion that Chinese agents are trying to stage-manage these contests, that’s really the least of our concerns, because more often than not, the real problem is party leaders gaming these races in order to get their own preferred candidates on the ballot. Mind you, that is increasingly becoming a quaint notion as many parties are increasingly just foregoing nomination races entirely, and the leader is simply using their powers to appoint people to nominations, which betrays the whole mechanism of grassroots politics, and the Liberals have become some of the absolute worst about this.

But seriously—Samara Canada did a study on this a couple of years ago, and it’s shocking just how much parties have put their thumbs on the scales of these contests. (It’s actually worse than the report describes because the researchers credulously believed the NDP around their own claims around open nominations, ignoring everything that had been printed about all of their paper candidates who won in 2011, who absolutely did not even visit the ridings they had been assigned to beforehand, let alone face an actual nomination battle). The drama with the current by-election in Oxford is because the retired Conservative MP is outraged that Poilievre and Scheer put their thumbs on the scale to get their friend parachuted and nominated against someone from inside the riding, which is why he’s now supporting the Liberal candidate.

The big drawback, however, is that Elections Canada monitoring these contests is likely to become even more intrusive, because parties are essentially private clubs, which is not an especially bad thing. But we also have a huge volume of registered parties in this country who will never win a seat, and if Elections Canada has to monitor all of their nominations as well, that could be a giant swelling of their bureaucracy in order to have people who can monitor every one of these contests, particularly in advance of an election call, and in the time between the election being called and the cut-off date for names to be on the ballot. I’m not sure how feasible that’s going to be. The way our laws are currently structured were done in a way to explicitly keep Elections Canada from getting involved (which is why we developed a system of leaders signing off on nominations, which in turn became abused and a tool of blackmail). So while I’m cognisant that we have a problem with nominations in this country, I’m not sure that involving Elections Canada is the right solution.

Ukraine Dispatch:

There was another round of fire against Kyiv early on Sunday, which was largely repelled in the city but a regional airfield was hit. Russian forces struck the city of Dnipro, killing a child and wounding at least 25 others in what President Volodymyr Zelenskyy says have been five hundred child deaths so far. Meanwhile, Ukrainian forces keep up their operations around Bakhmut, preventing Russian forces from solidifying gains in the city itself. Russians claim to have thwarted Ukrainian attacks in Donetsk province. This as Zelenskyy says that they are ready to begin the spring counter-offensive. Elsewhere, that survey of air raid shelters across Ukraine found that a quarter of them were locked or unusable, which is resulting in some charges.

Continue reading →

Roundup: The scope of the transition

Posted on by

As Alberta heads into an election, one can be certain that Danielle Smith is going to wield the threat of the supposed “just transition” as a cudgel to attack Justin Trudeau and Rachel Notley. Nevertheless, there are issues around the future of work in the province as the oil and gas extraction industry changes—a process that began years ago, and is currently far more automated than it used to be.

As Andrew Leach points out, the scale of the issue is something that the province will need to grapple with.

Ukraine Dispatch:

The death toll from the overnight strike in Uman has risen to 23, with another two deaths from a separate strike in Dnipro. Ukrainian leadership say that they are “to a high percentage ready” to launch their spring counter-offensive, and that modern weapons will serve as an “iron first.” Meanwhile, president Volodymyr Zelenskyy hosted the presidents of Slovakia and the Czech Republic, while seven foreign ministers met with Ukraine’s foreign minister in Odessa, all of whom were expressing support for Ukraine as Ukraine pushes for more modern aircraft.

https://twitter.com/defenceu/status/1651966751268278272

Continue reading →

Roundup: No authority to examine

Posted on by

It was not unexpected, but the Auditor General did confirm yesterday that she wasn’t going to be looking into the Trudeau Foundation’s private donations because it’s not within her wheelhouse. Which is what I’ve been saying for over a week now—the Foundation isn’t a Crown corporation, its only reporting relationship to the Industry Minister is around the status of the initial endowment, and the Conservatives put them under the Access to Information and Privacy regime in 2007 because they put all kinds of organisation with a tangential relationship to government under the regime during their performative toughness. It doesn’t fall under the Financial Administration Act, so there is no basis for the AG to examine their books.

This news of course has the Bloc somewhat apoplectic, and they insist that if she doesn’t have the authority to look into their books, then Parliament should give her that authority. Which is, frankly, boneheaded. She already has more than enough work to do. The very last thing we need to do is turn her into some kind of roving commission of inquiry for MPs to sic her upon anyone who turns their ire (through a motion in the House of Commons that she would “consider”), especially because she’s already unaccountable for her parliamentary audits. Extending those into past Parliament or Crown corporations would be a disaster.

Meanwhile, the Conservatives have bene trying to weaponise the Public Accounts Committee into looking into the Foundation, which again, is beyond their ambit. It’s especially beyond their ambit because the Auditor General hasn’t produced a report on them, and she won’t—because she has no authority to—so that particular committee has no authority to look into it. And yet, they voted on doing just so, but with the caveat of not calling any elected officials or members of the Trudeau family to testify. I can’t believe that the committee clerk didn’t warn the Chair this is out of bounds, but this is an opposition-chaired committee—in this case, Conservative John Williamson—and it sounds like he opted to ignore that warning and proceed anyway, which is incredibly poor form, especially since this whole exercise is about little more than letting Garnett Genuis perform for the cameras. And once again, we prove that ours is not a serious Parliament.

Ukraine Dispatch:

Estonia’s prime minister met with president Volodymyr Zelenskyy in the northwestern city of Zhytomyr, and said that she supports Ukraine’s accession to NATO “as soon as conditions allow” (which means the war has to be over and Russian forces no longer occupying territory).

Continue reading →

Roundup: Another Auditor General Day goes by largely unnoticed

Posted on by

Yesterday was Auditor General day, not that you really heard much about it. No questions were raised about her reports in Question Period, and none of it came up on either of the politics shows, which is not good. We’ve already ceded so much of Parliament’s ability to hold the government to account to Officers of Parliament like the Auditor General, but whereas once upon a time, the biannual Auditor General Days were all anyone could talk about because media in Ottawa worshipped at the feet of said Auditors General, and who took their word as gospel, well, there has been almost none of that now. (And frankly, the fact that we are now listening to every single utterance of the Parliamentary Budget Officer and not the Auditor General is another problem).  In fact, most outlets ran Canadian Press wire copy instead of doing their own reporting from the reports, and those outlets that did their own stories only focused on a one or two of the reports and not all four, which again, is a warning sign about the state of our media.

Nevertheless, her reports concluded that:

  • The slow rollout of high-speed internet to rural and First Nations communities in particular is creating an economic divide.
  • The government can’t track the outcomes of their “feminist foreign policy” because they’re not tracking if aid dollars are actually meeting goals.
  • Two-thirds of people with disabilities found barriers to accessing federally-regulated planes and passenger trains.
  • The Centre Block renovations are on budget so far, but it’s taking far too long to make any decisions related to the work.

So really, there’s some pretty heavy stuff in there that the government should be held to account for, most especially the part around foreign aid funding that they like to show up at an announcement for and pat themselves on the back later, but are neglecting tracking the actual work. That’s a problem with this government, and we should be holding their feet to the fire over it, but we’re just not, and that’s a problem for our democracy.

Ukraine Dispatch:

Ukrainian forces closed the town of Avdiivka to civilians in the wake of increasing attacks as Russian forces shift their attention there and away from their flagging assault on Bakhmut. Ukrainian forces also shot down a dozen Russian drones headed for Kyiv, destroying all of them. President Volodymyr Zelenskyy visited troops in the south-eastern part of the country, where it’s likely part of the spring counter-offensive will take place. Zelenskyy later met with the director general of the International Atomic Energy Agency, and said that Russians were holding the Zaporizhzhia nuclear power plant hostage.

Continue reading →

Roundup: David Johnston, special rapporteur

Posted on by

The “unimpeachable” eminent Canadian chosen to be the special rapporteur on allegations of foreign interference is former Governor General David Johnston, and it took mere minutes for the Conservatives to start denouncing him, citing that he was affiliated with the Trudeau Foundation, and that his role on the election debate commission saw Rosemary Barton ask questions during the last debate when she “sued” the Conservatives (note: she did not sue them, but the CBC sued the party in her name for unauthorised use of footage; also, I don’t believe Johnston chose the moderators or questioners, considering that it was a demand of the broadcast consortium that their talent each be allowed to have time during the debate), and on and on it went. The pundit class largely insisted that Johnston should have recused himself right away because he is too closely associated with Trudeau, and others insisted that if it was truly a non-partisan appointment then Pierre Poilievre and Jagmeet Singh should have been part of the process and naming him, and anyway, the whole special rapporteur thing was stupid and so on.

https://twitter.com/SusanDelacourt/status/1636102797623009281

I mean, I understand why Trudeau decided to go this route—not everyone agrees that a public inquiry is the best route to go, because it could go for years and that could mean delaying action that should be taken now. Even if it is the route we want to go (and several Liberals are now saying that it’s the only option at this point), it would still be Trudeau and Cabinet setting the terms of reference, which is also part of the rationale—Trudeau says that he would leave that determination up to Johnston, and he’d follow his recommendations, thereby trying to put some measure of distance between himself and any such task. I do say that it mystifies me that everyone demanding an inquiry right now if not yesterday never seems to care about this very point, even though we all damned well know that they would immediately cite these points as to why the inquiry is illegitimate.

But honestly? Canada is a small pond. There are not too many “eminent Canadians” who have the track record to take on this kind of task, and who don’t have some kind of perceived conflict, no matter how unrealistic it is. But that’s the whole thing with perceived conflicts, and this notion of “smell tests” that don’t actually mean anything but which get the chattering classes frothing. Is Johnston the best choice? Maybe, maybe not. The likely other option was a former Supreme Court Justice, which has become a running joke in Canadian politics these days. Regardless, the fact that this is just more partisan fodder is all the more proof that parties are not actually taking this seriously, and would rather be out to score points instead.

Ukraine Dispatch:

American intelligence suggests that the Russians are making small advances toward Bakhmut, but at great cost. Further north near Kreminna, similar battles are playing out, with the Russians making unsuccessful attacks, but they worry that the attempts to surround Bakhmut could have repercussions for their section of the front, while fatigue is starting to set in.

Continue reading →