Tag Archives: Privilege

Roundup: No, you can’t challenge a censure motion in court

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Ontario MPP Sarah Jama has written to Doug Ford to ask him to retract his motion in the legislature to censure her and prevent her from speaking until she offers an apology for the comments she made at the start of the Israel-Hamas conflict. In it, Jama says that if Ford doesn’t, she’ll take the matter to the courts. The problem? The courts won’t touch any kind of legislative censure motion because it falls under the issue of parliamentary privilege and the separation of powers.

We have to remember that Parliament and the legislatures are self-governing, as they should be. That’s what keeps them independent of the powers of the King—and yes, the courts to count as the powers of the King, as the King is the fount of justice, and justice is carried out in his name. (That’s also why we have a doctrine by which the King can do no wrong, but rather, can merely act on bad advice, and the minister who offered that is responsible for it). Part of that self-governing power is the legislature’s ability to discipline its members, which is important because you don’t want an external authority able to do that, because it can create a great deal of interference in the workings of your legislature.

This being said, the fact that she was censured at all is a problem, and as I wrote in a column a couple of weeks ago, is part of a broader pattern that his happening that is extremely concerning (and is almost always hypocritically done by parties who claim to be all about free speech, but reveal themselves to only be pro-speech they like). And it should be up to voters to discipline parties that are abusing these powers to punish those they disagree with, but that also means keeping up the pressure on them so that they know that they are going to be punished for it.

Ukraine Dispatch:

Ukraine says that in spite of that Liberian-flagged ship getting hit by a Russian missile, their alternative Black Sea corridor is working. Really! President Volodymyr Zelenskyy is also hoping for a conference next month on a joint weapon production agreement with the US and defence contractors.

https://twitter.com/defenceu/status/1722903820684947654

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Roundup: No single point of failure

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It was another big day at the Procedure and House Affairs committee as both the National Security and Intelligence Advisor, Jody Thomas, appeared, as did Bill Blair, both on the subject of what they knew about the “threats” against Michael Chong and his family. What we got was a bit more of the corroboration from the Johnston report that the process of pushing intelligence up to senior levels hasn’t been working, which is why these things weren’t noticed or acted upon earlier. Blair in particular offered more clarity about the issue with the top-secret emails and how it’s being misconstrued that he didn’t have passwords to it. No, it’s that he doesn’t have access to that system period, and CSIS prepares a package from him and brings it to him physically. He did also take a bit of a swipe at CSIS, saying that the Chong information was determined to be something that they didn’t think the minister needed to know, which is a bit petty.

What stood out for me the most was Thomas saying that there wasn’t one single point of failure here, or one link in the chain, but a flaw in the process, which is consistent with what Johnston put in his report. This is why I can’t believe that anyone who says that the report is some kind of cover-up has actually read the report because it’s quite clearly pointing to these appalling failures on the part of senior levels of government, and that is on the government to have done something about. They are responsible, and they need to fully own it in order to make the necessary changes.

I would also add that while this testimony was good to have, I still don’t see how this relates to Chong’s privileges supposedly being breached, and what remedies should be applied. There seems to be an effort to make this into a bigger issue around foreign interference, and not on the specific issue of Chong, and what the House of Commons should do if his privileges as an MP were specifically breached,  and I’m not seeing much of that.

Ukraine Dispatch:

Russians fired over 30 missiles and drones against Ukraine overnight, and all appear to have been shot down. The Russians also claim that they destroyed Ukraine’s “last warship” in a strike on Odessa, but Ukraine won’t talk about whether it’s true or not. Meanwhile, president Volodymyr Zelenskyy was in Moldova for the NATO meeting, calling for security guarantees if Ukraine can’t get NATO membership until the war is over. The European Court of Human Rights also ruled against Ukraine in denying same-sex marriage licences, which is going to need to be part of Ukraine’s hoped-for European integration.

https://twitter.com/internewsua/status/1664252937156059140

https://twitter.com/defenceu/status/1664311594858299402

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Roundup: Chong didn’t explain how his privileges were breached

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Conservative MP Michael Chong appeared at the Procedure and House Affairs committee yesterday to discuss the sense that his privileges as an MP—being able to do his job—were breached by Beijing’s threats to him and his family. And so, Chong gave a speech at the committee where he touched briefly on the privilege issue, saying that he wants a formal parliamentary censure of the Chinese diplomat named (and since expelled) in the situation, before going on to whole thing about the prime minister, national security, and what we should be doing in Canada. And he’s not wrong! But that’s not the point of this committee meeting. The point was to discuss his privileges being breached, and what MPs should do about said breach.

https://twitter.com/StephanieCarvin/status/1658610455739346944

https://twitter.com/StephanieCarvin/status/1658615915540279297

As expected, the Conservatives on the committee mostly spent the time trying to get Chong to denounce the prime minister, and did they talk about his privileges being breached? Nope. The other thing that bothered me was that Chong kept bringing up the Winnipeg Lab issue, which is where I have lost a lot of respect for him because he has been building a bullshit conspiracy theory around it. What happened at that Lab has been extensively reported on by Dylan Robertson and others. There was no indication that there was a national security issue involving China at all, but rather a policy breach around intellectual property with the two fired scientists. Chong would know this if the Conservatives had allowed NSICOP to view the redacted documents that had been provided to them, but they have steadfastly refused to do so because it serves their narratives not to. Is NSICOP perfect? No, but it’s a very good start, and if we want to transition it to a parliamentary model, there need to be a whole lot more steps than just Parliament making a declaration (one of the most important considerations being the lack of secure meeting spaces and servers on the Hill).

So while there were interesting things raised, the point of the meeting was about privileges, and once again, a committee is being abused to go on a tangent or a fishing expedition. Committees have functions, and this one was supposed to be determining how his ability to do his job was impacted. I didn’t see really any of that in the testimony, which is all the more frustrating.

Ukraine Dispatch:

Overnight attacks against Kyiv saw 18 missiles launched, all of which were shot down—but Ukrainian forces are saying that six of those missiles were hypersonic, and that their new air defences brought them down too, which is proving the new Western systems against the supposed best of what Russia has to offer. One of the Patriot missile systems used by Ukraine may have been damaged in a strike, however. Meanwhile, Ukrainian forces appear to be making more gains around Bakhmut, which they say is not connected to the upcoming counter-offensive. Elsewhere, Ukraine’s chief of the Supreme Court has been dismissed after being detained in a bribery case.

https://twitter.com/ukraine_world/status/1658379904029736960

https://twitter.com/defencehq/status/1658351720232108034

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Roundup: The great passport meltdown

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It was the absolute dumbest of controversies, and yet what was apparently half of Canadian Twitter was having an absolute meltdown because the new passport designs were unveiled yesterday, and a) the Coat of Arms on the cover was moved off-centre, and b) the interior pages replaced images of moments of Canadian history with some generic, corporate stock art of nature and indistinct people. Never mind that nobody ever looks inside those pages, and that they are covered by the stamps of countries you are entering—it’s somehow “erasing history.”

https://twitter.com/ChrisGNardi/status/1656319387039592453

This particular kind of imagery had been intended for the last update, ten years ago, when the Conservatives instead decided to include these historical images, and were accused at the time of putting forward a very selective view of history that suited their political objectives. And no, you can’t just use the same interior art over again, because if not refreshed periodically, it becomes easier to forge. But seriously, this was the hill people are now wailing that they’ll die on, or be single-issue voters about? Seriously?

Politically, Pierre Poilievre led off Question Period on this, but does any single person believe that Poilievre actually cares about Canadian history even a tiny bit? No—this is just about getting clicks. And Justin Trudeau? Couldn’t even be bothered to own the decision or defend anything around it, which is just makes the whole day’s outrage even more maddening. Everyone needs to log off for a while.

https://twitter.com/sumtimw0ng/status/1656379566410158095

Ukraine Dispatch:

A Ukrainian unit says that they routed a Russian brigade near Bakhmut, which seems to have been confirmed by the Wagner Group mercenaries fighting for Russia. There are concerns that Russians occupying the Zaporizhzhia nuclear plant are planning to relocate Ukrainian staff, which will leave a shortage of qualified personnel to operate the facility.

https://twitter.com/ukraine_world/status/1656224951261691904

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Roundup: The Chief Justice is not happy about mounting judicial vacancies

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The Chief Justice of the Supreme Court of Canada, Richard Wagner, wrote to the prime minister about the state of judicial vacancies, of which there are currently 88, and that this is causing problems with the criminal justice system. Of course, the problems in the system are multi-faceted—provinces aren’t resourcing courts, and they have provincial judicial vacancies of their own, but this was the Chief Justice, on behalf of the Canadian Judicial Council, pointing out that this is a problem that the federal government has created for itself, and needs to address.

This has been a problem this government has had since the very start—they insist on self-nominations rather than in doing the work of going out and identifying people who are suited for particular vacancies, and tapping them to fill them. It’s not just judicial vacancies either—it’s senators, heads of tribunals, Officers of Parliament, you name it. And because they insist on diversifying their appointments (which is a good thing!) this makes self-nominations even more difficult because the people they want to apply don’t, because they have been conditioned by society not to see themselves in those roles (i.e. they think judges are all old white men, so they don’t apply if they’re not). And the government knows this is a problem. It has been pointed out to them time and again, for years now.

But what do they do? Pat themselves on the back for all of the great appointments they’ve made so far. I wish I were kidding, but that’s their response, and it’s continually their response because a) they don’t like to admit that they’re going about these appointments in the wrong way; and b) they’re justifying their failure to do something about the mess they made for themselves. And it’s not like the previous guys were much better, with decidedly male-heavy appointments, and doing things like appointing Peter MacKay’s wedding party to the bench, because that also was not great. But this inability to learn from their failures is one of this government’s big problems as they get increasingly fatigued, and if they don’t do something about it, it’s going to cost them.

Ukraine Dispatch:

Russian forces fired 25 cruise missiles at Kyiv overnight on Tuesday, in advance of their Victory Day, of which 23 were shot down, claiming they hit ammunition stores. Their Victory Day parade was pretty spare, given how badly they have depleted their forces in the war. Meanwhile European Commission president Ursula von der Leyen visited Kyiv for Europe Day, which is in part a further signal that Ukraine continues in its intentions to turn westward away from Russia.

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Roundup: An abuse of parliamentary privilege

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I’m going to start off with the caveat that I don’t know a lot of what is happening in Nova Scotia politics, but I came across this story yesterday that is pretty concerning for the practice of parliamentary democracy across Canada. During debate on a bill around use of non-disclosure agreements in sexual assault cases, an independent MLA (formerly a Progressive Conservative but was ejected from caucus in 2021) tabled a document that she claimed was a non-disclosure agreement that a former female staffer had been coerced into signing with the PC Party. (To make things more interesting, said staffer died last year, and was working for this MLA at the time, and she says the document was found in the staffer’s effects—and, the party’s former leader was forced out over inappropriate behaviour toward a female staffer, so I’m not sure how many of these factors actually connect).

A government minister has since moved a motion to force her to retract her comments about the incident, and if she doesn’t, that she should be ejected from the Chamber until she does. And that’s a capital-P Problem. Said independent MLA has since complained to the province’s justice department that the move is unconstitutional…but the justice department can’t do anything about it, because this is clearly a matter that is within parliamentary privilege. But it absolutely violates all of our constitutional norms, and should be a warning sign about the lengths to which parties will abuse their majorities in legislatures to silence or bully opposition members. It sounds like the provincial Liberals and NDP will be opposing this motion, but the PCs do have a majority, so they may not be able to do much in the long run. I would not be surprised if the Speaker finds that the motion is out of order, but this is genuinely frightening about how much they are willing to abuse process and parliamentary privilege like this.

Don’t get me wrong—parliament or the legislatures do have the power to eject members, but it needs to be for very serious wrongdoing, such as being convicted of a serious crime, and if the member refuses to resign gracefully, then they can order the seat vacated. But those are extreme circumstances that have yet to be actually tested (because in virtually every case, sanity prevails and they resign with a shred of dignity still intact). But this is an unconscionable abuse of that power, an abuse of a parliamentary majority, and sets a very dangerous precedent for the future, and the PC members who thought this was at all appropriate should not only be ashamed, but should probably consider tendering their resignations for this debacle.

Ukraine Dispatch:

Ukrainian forces say they repelled 45 Russian attacks around Bakhmut over a twenty-four-hour period, continuing to grind down the Russian forces while they await more arms from allies like the US in order to begin the spring counter-offensive.

https://twitter.com/ukraine_world/status/1643326962226585604

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Roundup: Internet troll and wide-eyed naïf

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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: Contradictions and poor intelligence practices

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There has been a number of competing threads in the ongoing Emergencies Act public inquiry, and a lot of police testimony that is contradictory, and contradicting their own documentary evidence. For example, one senior Ottawa police officer is claiming that they had the tow trucks all lined up and ready to go without the invocation of the Act—erm, except the documents don’t show that at all, and that they needed the Act to secure those services. There has also been a lot of alarming signs about the quality of police intelligence about the make-up of the occupation (which many leaders subsequently ignored anyway). The OPP did see an increasing risk of violence the longer it dragged on, particularly by those in the occupation who felt they were “at war” with the federal government, along with growing anti-police sentiment (presumably because police weren’t doing their bidding to arrest members of the government). The Commission has agreed to hear CSIS’ evidence behind closed doors.

Here’s former CSIS analyst Jessica Davis on the quality of that intelligence, and yikes:

Ukraine Dispatch, Day 245:

Both Russian and NATO forces carried out annual nuclear exercises, while Russia carries on its false narrative that Ukrainians plan to detonate a “dirty bomb” on their own soil in order to blame Russia—information operations entirely. While this was happening, Russian forces targeted 40 towns in Ukraine, killing at least two more people.

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Roundup: Ford tries to escape testifying

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Some drama is emerging from the Emergencies Act public inquiry, as we find out that Doug Ford and Sylvia Jones, his then-solicitor general, have refused to be interviewed by the Commissioner, and have refused to testify before it. Recall that just last week, Doug Ford said that he hadn’t been asked to testify when asked (because it makes no sense that he and Jones were not on the list). Well, today, we found out that they were asked, they refused, and now the Commissioner plans to summon them, but Ford intends to challenge that summons under the rubric of parliamentary privilege, which would seem to me to be abusing it, but there you have it.

https://twitter.com/SkinnerLyle/status/1584624171598086145

Meanwhile, the acting Ottawa police chief was testifying, and it was a lot more of the same when it comes to police not taking the threat of an occupation seriously, and them essentially ignoring the intelligence that was being forwarded to them, and lo, these “protesters” turned into an illegal occupation. There was also an email filed from RCMP Commissioner Brenda Lucki who said that they hadn’t exhausted all tools before the Act was invoked, for what that’s worth.

https://twitter.com/StephanieCarvin/status/1584574961339203586

https://twitter.com/aballinga/status/1584612932595638275

Ukraine Dispatch, Day 243:

Ukrainian officials are claiming greater success in shooting down drones attacking electrical infrastructure, but worries are now that Russia will try to detonate a “dirty bomb” within their territory as they have essentially announced the intention to do so and blame it on the Ukrainians doing it to frame Russia. If it wasn’t such a terrifying prospect, it would be really, really stupid. Meanwhile, doctors in the country are worried about spending the winter months in the basements of hospitals as electrical systems are under attack.

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Roundup: Supply cycle reaches its peak

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We’re now in day one-hundred-and-five of Russia’s invasion of Ukraine, and Russia has nearly seized the entirely of Luhansk, one of the two main Donbas regions. Thus far, Russia has turned over 210 bodies from fighters in the steel plant in Mariupol, exchanging them for Russian bodies.

Here is the tale of a fifteen-year-old Ukrainian boy who helped destroy an advancing Russian column by using a drone and alerting the Ukrainian forces of where to aim their artillery. Meanwhile, Ukraine has been trying to get its grain to markets by other means than by ship, but it is being beset by logistical problems, as their silos are full and a new planting season is already underway. Even if they could get their ships out of port, it will take at least a month or two to de-mine the corridors these ships travel.

https://twitter.com/UKRinCAN/status/1534287413304037376

Closer to home, it was the final day of the Supply cycle yesterday, meaning that the Conservatives got their last Supply Day, and then the House passed the Supplementary Estimates, which ensures that departments have money to function, and that it’s more aligned with the budget, because we have a mis-match between the budget cycle and the Estimates cycle that has grown over the past few decades, and when Scott Brison tried to align them when he was at Treasury Board, not only did the civil service resist, but the opposition accused him of trying to create a “slush fund” when he was trying to allocate funds to better align the Estimates and budget, and certain proposed programmes didn’t have their submissions delivered in time. Suffice to say, Brison tried, and when he failed, the government seems to have given up on fixing this very obvious problem that goes to the heart of why Parliament exists in the first place. Suffice to say, now that the Estimates are passed, the House of Commons could theoretically rise at any point. They likely will wait until at least the end of this week so that they can get the budget implementation bill passed, as well as Bill C-5 on mandatory minimums, but considering the filibusters or other dilatory motions going on around the broadcasting bill, the official languages bill, and the gun control bill, I would not be surprised if the House Leader decides to just go home a few days early and let everyone cool down over the summer.

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