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: 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: A new tone in communications? Maybe?

After some two years of the Conservatives rolling out three-to-five-minute disinformation videos on the regular, the Liberals have finally responded in kind, with something that has reasonable production values, snappy pace, and delivers messages to counter the Conservatives’ message with a bit of a punch at the end. One has to wonder why it took them so long, but they didn’t spare any effort in getting every single one of their MPs and proxies to blast it over their socials over the weekend.

What I will add that was fairly notable was that they didn’t rely on slogans in the video, or on entirely happy-clappy pabulum as they normally do. I’m hoping that perhaps this will finally—finally!—mark a turning point in how they approach their communications, but I’m not going to get my hopes up there either. Until proven otherwise, I suspect this may be a one-off, or Sean Fraser in particular, rather than an overall trend in how this party communicates.

Ukraine Dispatch:

A Russian missile struck Mykolaiv on Sunday, killing one and wounding at least eight. Ukrainian drones damaged another oil refinery in Russia, and disrupted electricity supplies in order areas.

https://twitter.com/ukraine_world/status/1768642103968485561

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Roundup: Making a provincial problem a federal one—child care edition

The CBC continues to go out of its way to provide cover for delinquent premiers who can’t live up to their promises, in an attempt to make provincial problems federal ones. Yesterday is was on the early learning and child care system—fewer than half of the promises spaces have been created, and they want to make this a federal problem. It’s not, however—the federal government did their part, and delivered the promised funding, and what is left is for the provinces to live up to the agreements that they signed, and put their own money into the system. Several provinces are not doing that, and yet demanding more federal funding, because of course they are, and because they know they will get away with it.

The federal government did not force or strong-arm provinces into this system. Why? Because every single premier who signed up knew that this was a) popular, and b) economically necessary. We have labour shortages in this country and one of the most fundamental things they can do is to increase the labour force participation of women by providing subsidised child care. Quebec learned this years ago, and also learned that this pays for itself once the tax revenue from those women in the work force rolls in. The federal government wanted to get the ball rolling and provided a certain level of funding, and attached particular strings and metrics to it so that there is uniformity around the country, and some fundamental standards, particularly around things like improving pay for workers, and standards of care, and the choice was made to subsidize not-for-profit spaces because they’re less likely to cut corners for the sake of juicing their profit margins. But there are provinces who haven’t been investing in the system like they agreed to, or those like Ontario who cut the provincial funding they were supposed to invest, and then complain that there aren’t enough spaces being created.

We need to stop giving the premiers a pass on this. This is their problem, because they signed on and now are refusing to live up to their obligations. But the media doesn’t like holding premiers to account for some unknowable reason, so you get this CBC piece that continually frames this as a federal problem where the solution must be more federal dollars. No, the solution is the provinces living up to their obligations, and they have just as many revenue tools as the federal government does—and this will make their money back. But they don’t like to raise their own revenues, and when they get federal funding, don’t like to spend it on the things they are supposed to spend it on. And like Ontario is doing here, they get federal funds, cut their own share, and then demand more federal funds or the programme will suffer. It would be great if legacy media could actually hold them to account for this rather than trying to once again make this a federal problem.

Ukraine Dispatch:

Russian drone and bomb attacks killed four people overnight in the Sumy and Donetsk regions. Ukrainian drones damaged more Russian oil refineries in a second day of attacks. Here is a look at the Russian rebel groups attacking from Ukraine. The artillery purchase arranged by the Czech government should start arriving in Ukraine by June.

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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: Running interference for Scott Moe

There is no shortage of terrible opinion pieces in Canadian media, but I believe that the prize for utterly missing the point comes from the Globe and Mail yesterday, where John Ibbitson tried to lay the blame for Saskatchewan’s flirtation with lawlessness on Justin Trudeau, with the headline accusing him of “botching” national unity. It’s a…curious accusation, because the implication therein is that if the federal government doesn’t accede to every demand or tantrum of the provinces that they can be accused of damaging national unity. I take that back. It’s not curious, it’s utterly absurd and wrong.

Ibbitson goes to great pains to both point out how unprecedented it is that Saskatchewan is going to break federal law, but then turns around to run interference for Scott Moe and tries to insist that this is really Trudeau’s fault because he used federal spending powers to “bend provinces” to his will rather than negotiate, and in imposing the federal carbon price on provinces who failed to meet national standards. Both of those are half-truths at best—there is nothing illegitimate about using federal spending powers to get provinces on board to ensure that there are equitable services across the country, particularly for programmes with greater economic good such as early learning and child care. As for the carbon price, provinces had an opportunity to come up with their own system that met minimum standards, and most provinces refused. He also didn’t explain that when the system was enacted, most provinces already had carbon pricing in place (Alberta and Ontario both changed governments who dismantled their systems and were subsequently subjected to the federal system), and he doesn’t spell out that BC and Quebec have their own systems that meet the standards.

Yes, the federal government should have found a different solution to the problem of heating oil than the “pause,” and doomed themselves when they announced it with all of their Atlantic MPs behind them. I’m not disputing that. But while Ibbitson insists that this doesn’t justify Saskatchewan’s lawlessness, he thinks that the best solution is to “reach some sort of compromise.” Like what? He won’t say. He just laments that “Canada doesn’t work like that right now.” Did it ever? What compromise can there be when one province breaks the law and tries to justify it with a fig leaf of “fairness” but obscures the facts and truth of the situation? This kind of white bread, milquetoast “Why can’t we find a compromise?” handwringing is a hallmark of a certain generation of punditry, and it serves absolutely no one.

Ukraine Dispatch:

Ukrainian forces downed 33 out of 37 Russian drones fired at Odesa, the remainder of which damaged infrastructure, though there were other attacks in the north in Sumy and Kharkiv that cost civilian lives. There are concerns that safety is deteriorating at the Zaporizhzhia nuclear plant, as the international community keeps trying to convince Russians to leave the site. India says they have encountered a human trafficking racket which promises young men jobs in Russia, and then forces them to fight in Ukraine on their behalf.

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Roundup: Making up censorship claims

Facing pressure for dismissing the Online Harms bill before he had even seen it, Pierre Poilievre put out a statement yesterday that said that things like child sexual exploitation or “revenge porn” should be criminal matters, and that police should be involved and not a new “bureaucratic” agency. It’s a facile answer that betrays the lack of resources that law enforcement devotes to these matters, or the fact that when it comes to harassment or hate, many police bodies have a tendency not to believe victims, especially if they are women.

But then Poilievre went one step further, saying “We do not believe that the government should be banning opinions that contradict the Prime Minister’s radical ideology.” I’m not sure where exactly in the bill he sees anything about banning opinions, because he made that part up. More to the point, the provisions in the bill around hate speech quite literally follow the Supreme Court of Canada’s decision in Whatcott, and codifies them, which means the standard is exposing someone to “vilification or detestation” if they are a member of a group that is a prohibited grounds for discrimination. That means that it goes beyond “opinion” one doesn’t like. The minister confirmed that “awful but lawful” content will not be touched, because the standard in the bill is hate speech as defined by the Supreme Court of Canada. And it would seem to me that if the standard of “hate speech is bad” is “radical ideology” in your mind, well then, you are probably telling on yourself.

Speaking of Poilievre making things up, he spent the afternoon loudly proclaiming that the RCMP sent him a letter saying they were investigating ArriveCan. Then he posted the letter on Twitter. The letter doesn’t say they are investigating. It literally says they are assessing all available information. That is not an investigation. That’s deciding if they want to investigate. The fact that he released the letter that doesn’t say they are investigating, and says that it proves they are investigating, feels like a big test of the cognitive dissonance he expects in his followers, which is just one more reason why our democracy is in serious trouble.

Ukraine Dispatch:

As Ukrainian forces withdrew from two more villages near Avdiivka, one of which Russia has claimed the capture of, there are concerns that Russia is stepping up influence operations to scupper international support. President Volodymyr Zelenskyy has landed in Saudi Arabia for meetings related to his peace plan and a push to get prisoners and deportees released from Russia. In Europe, NATO countries have been backing away from statements that French president Emmanuel Macron made about not excluding any options to avert a Russian victory in Ukraine, which were presumed to mean western troops. (Macron said this was about creating “strategic ambiguity.”)

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Roundup: Poilievre punches down

Pierre Poilievre made a lot of statements yesterday, and they were all alarming in their own ways. First up was expressing support for Bill S-210, which aims to require ISPs to ensure age verification for any online porn sites, or face massive penalties—a bill that passed the Senate and is now headed to committee with opposition support in the Commons. It’s a hugely problematic bill that is going to be a privacy nightmare and cause more problems than it solves. Poilievre also said he doesn’t want this implemented by way of a government digital ID or that prevents people from access legal materials, and his MPs keep handwaving and insisting that there must be some kind of technological solution here. There’s not, this is bad, and frankly is pretty Big Government/gatekeeping, which Poilievre claims to hate. What it does, however, is tap into the moral panic over porn being the root cause of a bunch of social ills, and Poilievre loves getting in on that action.

He was then asked by Rebel Media about trans people and washrooms—because of course the far-right remains obsessed about this—and Poilievre stated that he was against trans women in changing rooms, washrooms, or women’s sports, which is an outrageous egregious overreach and is Poilievre punching down in order to appease the Rebel Media audience. (I will note that you had pundits on Power & Politics baffled by this, believing that Poilievre has this demographic “locked down.” Not true—he needs to actively court them because they see him as being too soft and establishment—see Christine Anderson referring to him as “Pussyvere”—and he has to constantly prove himself to them). It’s also worth noting that for Poilievre’s press conferences, which are limited to five questions and no follow-ups, Rebel and True North are often at the front of the line for questions, which is another particular sign of who he’s speaking to. Justin Trudeau did respond and push back about this making trans people unsafe, which is true, but this is another moral panic Poilievre is trying to cash in on.

The last bit was perhaps the ugliest, where Poilievre was asking about the upcoming online harms bill, and he said that Trudeau shouldn’t be the one to bring it in, claiming this would be censorship, misquoting the line about “those with unacceptable views” (again, playing to the “convoy” audience who took up this misquote with great aplomb), and then launched into a tirade about how Trudeau needs to look into his heart about his past racism and Blackface. And then, because of course, a certain CBC journalist wrote this up (which I’m not going to link to) and devoted half of the story to rehashing the Blackface history including photos, because they didn’t learn a gods damned thing about how Trump got in (and this goes beyond just egregious both-sidesing). None of this is good.

Ukraine Dispatch:

With the loss of Avdiivka, Ukrainians are expecting more advances from Russians. This has spooked enough of the elderly in villages in the area, who are now heading for safer regions, worried that their towns are going to be the next to be ground to dust. President Volodymyr Zelenskyy is downplaying the loss of Avdiivka as he calls for more western arms and support, but it has been relentless grind for Ukrainian forces. This said, western intelligence suggests that Russia doesn’t have the domestic capacity to manufacture the ammunition it needs either, so we’ll see how long they can keep up their current pace. Meanwhile, anti-corruption authorities in Ukraine are investigating more than sixty cases involving the defence sector.

https://twitter.com/ukraine_world/status/1760235411987980541

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Roundup: A choice of passive voice

The reported death of Russian opposition leader Alexei Navalny triggered reactions around the globe, and especially at the security conference underway in Munich, where Navalny’s wife spoke shortly after the news. Reaction from Canadian figures was pretty swift. Justin Trudeau was on CBC radio and was quite blunt: “It’s something that has the entire world being reminded of exactly what a monster Putin is.”

And then there was Pierre Poilievre, who passive-voiced the whole thing.

Between this and his votes regarding the Ukraine trade agreement, it’s not unreasonable to conclude that he is winking and nodding to a certain online audience. And while certain pundits have been “We think the initial vote was a mistake and he can’t take the L so he doubles down,” I suspect it’s more like “Sure, some Ukrainian diaspora communities are going to be pissed off, but what are they going to do? Vote Liberal? Hahaha.” They have hitched their wagon to the far-right PPC-voting crowd because they think that’ll get them the votes they need to win, and this is a crowd, that is mainlining Russian disinformation online, and believe that Volodymyr Zelenskyy is a money-launderer buying yachts, that Putin is just trying to shut down “biolabs,” and throw in some antisemitic conspiracy theories about “globalists,” and it’s all stuff that Poilievre is willing to wink and nod to. Passive-voicing this statement was a choice.

https://twitter.com/acoyne/status/1758543572578484364

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Roundup: The AG’s report into ArriveCan

The Auditor General released her report into ArriveCan yesterday, and it was suitably scathing, but in spite of Pierre Poilievre throwing arounds words like “corruption” and blaming the prime minister directly, the AG’s criticisms were squarely directed to the CBSA. It bears mentioning that CBSA is a federal agency, not a department, which means that it operates at arm’s length of government. Unlike a department, they don’t have direct political oversight, and while the president of CBSA reports to the public safety minister, and will accept broad political direction, the government does not direct operations (much like the CRA or RCMP).

So just what did she find? A complete lack of paperwork, of checks and balances, or of proper management or contracting practices, right up to the point of the outside contractor taking senior CBSA officials out to dinners and helping write the terms for when the contract would be put out to tender in a way that benefitted them. Once again, it’s hard to pin this on the government or Cabinet because they’re not involved in this level of decision-making. The Conservatives like to characterise this as “Liberal insiders” or “cronies” getting rich, but again, the report draws none of these conclusions. Meanwhile, those senor officials are now suspended, and there is an ongoing RCMP investigation, which is appropriate, while CBSA’s internal audit is ongoing.

There is an open question as to the reliance on outside contractors, which may be appropriate considering that CBSA wouldn’t have required the presence of app developers on their IT staff as a matter of course, and I’m not sure if this could have been contracted out to Shared Services Canada either (though given SSC’s history, I’m not sure I’d be confident in the quality of that product). And that’s fair enough. The problem becomes that they cut every corner and disregarded the rules in the process, whereas transparent contracting and proper paper trails and records of approval processes could have shown this to be a viable exercise, but we can’t know that because of how they ultimately behaved. So, while Poilievre and Jagmeet Singh insist that civil servants could have done the work, I’m not convinced, but that doesn’t mean that this still wasn’t handled in the worst way possible.

Ukraine Dispatch:

Russian forces attacked a power plant in Dnipro with missiles and drones, cutting off power and water supplies to some residents. Analysis shows that Russia used Zircon hypersonic missiles against targets in Kyiv on February 7th. Ukraine is looking to produce thousands of long-range drones this year. Ukrainian military intelligence suggests that Russia has been obtaining Starlink terminals through third countries.

https://twitter.com/ukraine_world/status/1757040939929944128

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