Tag Archives: Richard Wagner

Roundup: Waiting on the Industrial Relations Board’s decision

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As the Industrial Relations Board began its deliberations of the rail situation and the request of the minister, one of the two railways, CN Rail, opted to end their lockout and start the trains running again. But because the minister’s order included extending the previous collective agreement to now, it somehow reset things for the union, and they issued a seventy-two-hour strike notice, so…the trains may not run again? The whole while, the other rail company, CPKC, just stayed the course with their lockout in order to wait for what the Board had to say.

As for the Board, it needs to determine if binding arbitration is the only way to resolve the impasse in the labour dispute, and whether it can justify that the economic situation has a sufficient impact on the general public that arbitration is, again, the only way to resolve this, and the parties need to present evidence to this effect because this is a quasi-judicial body. The way this whole situation with the Board has been described by most media outlets has been outright wrong, and coupled with the fact that the business lobbies don’t seem to understand the limits of the minister’s powers, and it has led to nothing but confusion as to what is really going on.

Meanwhile, the Conservatives are keeping conspicuously silent about the whole thing, no doubt in a cynical attempt to continue to court the blue collar union vote (as though their history of attempted union-busting will just magically disappear). It is impressive, however, just how much message discipline they have had over this, with nary a stray tweet being sent out (probably because they know Jenni Byrne will scream at them if they do).

Ukraine Dispatch

Russia has suspended ferry service to occupied Crimea after the Ukrainian navy blew up one of those ferries that was hauling fuel and munitions to the occupied region. The Ukrainian forces say that they have used high-precision US-made glide bombs in parts of Kursk, and that they have also re-taken some land in Kharkiv.

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Roundup: The PBO immolates what little credibility he had left

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It looks like the Parliamentary Budget Officer, Yves Giroux, decided to extend his “winning” streak and cover himself in glory at the Commons’ finance committee yesterday, and once again immolated what credibility he has left. Defending his report, claiming he had access to a confidential report from Environment Canada that he was “gagged” from releasing (which the Conservatives jumped on and launched a thousand shitposts about, because committees are now only about content generation), lamented that the government doesn’t publish more climate modelling of their own, and how he hates how his reports are politicised, even though he’s been at this job for years and knows full well that PBO reports are always politicised, because that’s why MPs like them—so that they can both wield those reports as a cudgel, while hiding behind the shield of the PBO’s non-partisan “credibility” to keep the government from attacking it.

https://twitter.com/LindsayTedds/status/1797780078203671008

https://twitter.com/prairiecentrist/status/1797691621708054916

While this Tony Keller column lays out four major problems with the original carbon price report that the PBO produced—which again, Giroux continues to not really apologise for—energy economist Andrew Leach has some additional comments, driving home both how shallow the analysis is, and the fact that it’s not replicable because the PBO studiously refuses to explain his methodology, relying on “trust us, that’s our job.” But as we saw on P&P and again at finance committee, he complained that the government should be doing this kind of modelling work when it’s literally his one statutorily legislated job to do.

And to be helpful, Jennifer Robson provides some unsolicited advice on how the PBO could make his methodologies more transparent, if he actually wanted to do that (which I doubt, because so many of his reports rely on his pulling a novel methodology out of his ass, according to the many economists I’ve interviewed in the past). But that’s also part of the point about why he has no credibility left, and why he should start drafting that resignation letter.

https://twitter.com/lindsaytedds/status/1797817128483254759

Ukraine Dispatch:

A civilian was killed in a Russian strike on a recreation facility in Kharkiv. Here’s a look at what to expect from Ukraine’s peace summit to be held in Switzerland next week.

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Roundup: One last beclowning before summer

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On the final sitting day before summer break, our deeply unserious MPs decided to beclown themselves once again. No, I’m not talking about the absolutely shameful display after Question Period with the litany of points order and unanimous consent motions, but rather the decision by Conservative MP Matt Jeneroux to write to the Speaker to file an “official grievance” that Taylor Swift didn’t announce any Canadian dates on her Eras Tour, and that two other MPs, one Liberal, one Conservative, seconded it.

I wish that this was Beaverton-level satire, but no, it happened—hours after the Beaverton joked about it.

As has been pointed out, this isn’t even original beclownery, because it’s just copying something an Australian MP did. I’m also not sure what they think they’re going to accomplish, other than making themselves look like absolute fools. Do they want the Speaker to write a strongly-worded letter to Swift? Summon her to the bar of the Chamber to explain herself? I’m sure if they had planned a little further in advance, they could have arranged for a unanimous consent motion to express their “profound sadness” in her decision. This used to be a serious institution populated mostly by serious people. It is no longer that, and the denizens of the Chamber should reflect on this over the next couple of months. What a gods damned embarrassment.

Ukraine Dispatch:

President Volodymyr Zelenskyy is admitting that the counter-offensive is happening slower than anyone would like, but reminds everyone that this is not a Hollywood movie, and that it takes as long as it does because there are lives on the line. Russia is claiming they shot down two drones near Moscow and are blaming the Ukrainians for it.

https://twitter.com/zelenskyyua/status/1671589133003759628

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Roundup: The Chief Justice gives a strong warning

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Chief Justice of the Supreme Court of Canada, Richard Wagner, delivered his annual news conference yesterday, which had been planned a month ago and the timing was purely coincidental regarding the sudden resignation of Justice Russell Brown. That was not the main topic of his remarks, however—that was about the slow pace of judicial appointments as some eighty or so spots remain unfilled, and it can take up to a year-and-a-half to fill the positions of chief justice or associate chief justice in a province. And Wagner has been pretty vocal about this.

Wagner did note that the prime minister did call him after getting his letter, and said that he was going to do what he could to improve the situation, but appointments are a problem for this government. In fact, the only time they have managed timely appointments are for the Supreme Court of Canada. One of the problems is that right now, a number of Judicial Advisory Committees, which vet prospective candidates, remain empty, meaning they need to be filled before they can get to the work of vetting applications for judges. And it’s not just the courts—nearly one fifth of Senate seats are currently vacant for much the same reason. And it’s not like these vacancies are a surprise—judges typically give six months’ notice before they retire, if they don’t reach mandatory retirement. Senators also age out, the date of which is clearly known and posted, so they have absolutely no excuse for not moving fast to fill upcoming vacancies. And yet they don’t.

As you have no doubt heard me say before on numerous occasions, one of the biggest problems is that this government made the decision to rely on self-nominations for these kinds of positions, while at the same time, committing to diversifying the bench (or the Senate). But when you rely on self-nomination, the kinds of people they want to apply and to appoint aren’t applying because they don’t see themselves in these roles (because the ingrained perception is that judges or senators are old white men), meaning that they need to go out and push people to apply and that takes time. They could instead just go out and nominate people, or have their appointments committees do that work, rather than just passively waiting for applications. To add to that, there is frequently a demonstrable difference in the performance of someone who was nominated (for whom they often see it as an honour to be considered) versus someone who applies (and feels entitled as a result),  But they refuse to see this and do that work, so we’re left constantly waiting for their poor process to play out, with the resulting delays that it entails while things crumble around them.

Ukraine Dispatch:

The Russian attack on Kryvyi Rih—the hometown of president Volodymyr Zelenskyy—killed at least eleven people when it struck an apartment building. As well, Russian missiles struck Odesa, killing at least three people in the early Wednesday morning. As well, independent confirmation is starting to roll in about Ukrainian gains in the counter-offensive.

https://twitter.com/ukraine_world/status/1668511155160055808

https://twitter.com/ukraine_world/status/1668523632266469377

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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: Empathy for the deeply selfish?

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Update: Sorry for the delay. I had issues with the website but everything should be running smoothly now.

In spite of the Emergencies Act public inquiry report being released on Friday, there seem to be some awfully short memories as to what was happening at the time—or a bunch of people are acting disingenuously or in bad faith. Take, for example, Pierre Poilievre, who took to claiming that the assembled mass of far-right extremists, conspiracy theorists, grifters and grievance tourists were concerned about their costs of living and not being able to live. Which is funny, because inflation hadn’t spiked then, and interest rates were still at rock bottom. He is taking his current talking points and casting them back in time to a situation that didn’t exist, and has consigned the talking points of the era (“Freedom!”) to the memory hole. Funny that.

And then there’s the Globe and Mail, whose editorial board decided that what the occupiers need is empathy. After all, they had hurt feelings, and this narrative of the prime minister’s “divisive” comments keep circulating, even though he was telling the truth. The fact that certain people kept telling on themselves by openly identify as racists and misogynists to somehow “own Trudeau” was quite something.

Oh, and the Globe and Mail’s editorial board, comfortable in their downtown Toronto offices, should take a look at their own life choices as they demand empathy for a group of deeply selfish people who refused to take public health measures for the good of everyone around them, and who traded in conspiracy theories instead of behaving like grown-ups, and who held a city hostage in an extended three-week temper tantrum, instead of empathy for the citizens of Ottawa as their city police and provincial government abandoned them.

Ukraine Dispatch, Day 363:

US president Joe Biden made a “surprise” visit to Kyiv yesterday, and stayed for some five hours, meeting with president Volodymyr Zelenzkyy and pledging more support for the country. (Here’s a look at how that trip came together). Ukrainian troops training on Leopard 2 tanks compare them to a Mercedes. Ukrainian forces say they are inflicting “extraordinarily significant” losses on Russian forces in the Donbas as Russia continues to move toward Bakhmut. Meanwhile, midwives in Ukraine are looking to Canada for training on how to better deliver babies outside of hospitals (as they are not licensed for home deliveries).

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Roundup: The Queen is dead. Long live the King.

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The Queen is dead. Long live the King.

With the passing of the Queen, Charles immediately has ascended to the throne as Charles III, as you do in a monarchy. Because of the continuity of the Crown as a corporation sole, everything carries on as it was, with a few cosmetic changes as all of the references to the Queen in legislation and in offices and institutions transition to references to King, all done automatically thanks to legislative instruments like the Interpretation Act.

  • Here is a BBC royal correspondent’s look back at the Queen’s life.
  • Philippe Lagassé lays out the legal matters of succession in Canada.
  • Anne Twomey explains the Queen’s use of soft power in the Australian context, where she had more power than she let on.
  • From the archives, Susan Delacourt spoke with former prime ministers and Governors General about their time spent with the Queen.
  • The Queen’s image will remain on coins and banknotes for years to come, and would be phased out gradually as new coins and bills enter circulation.

 

Ukraine Dispatch, Day 198:

President Volodymyr Zelenskyy says that Ukrainian forces have liberated over 1000 square kilometres of territory since the counter-attacks began on September 1st, but information is still hard to come by.

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Roundup: A bill to swiftly pass?

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We’re at day one-hundred-and-fifteen of Russia’s invasion of Ukraine, and it sounds like Severodonestk is still contested territory, under constant Russian shelling making it impossible for civilians trapped under a chemical plant to escape. UK prime minister Boris Johnson visited Kyiv for a second time, promising more arms as well as training for soldiers on a rotating basis. At the same time, the European Commission is recommending Ukraine for consideration for EU Membership. Meanwhile, a Ukrainian soldier who recorded the atrocities at Mariupol has been freed from Russian custody, while the Ukrainian Cabinet approved a resolution to bar Russian citizens from entering Ukraine without a visa.

Closer to home, the federal government tabled a new bill aimed at responding to the Supreme Court of Canada decision five weeks ago that allowed automatism as a defence in very narrow circumstances. The bill eliminates “self-induced extreme intoxication” as a defence, while leaving automatism out in those very rare cases where it would be unknowable that one might enter into this state, which points to the fact that in at least one of the cases before the Supreme Court that led to the provisions being struck down was that it was simply a bad trip that they didn’t know would happen as he had never done mushrooms before. David Lametti also indicated that he’s been in discussion with the other parties, and it sounds like this could be a bill that gets passed at all stages next week before the House of Commons rises for the summer (and likely leaving any actual scrutiny up to the Senate, if they have the appetite to do so before they also rise, way too early).

I also did note that during the press conference announcing the bill, minister Marci Ien had some fairly critical words for her former media colleagues in how the Supreme Court of Canada decision had been reported, where the headlines were that “extreme intoxication is a defence,” which isn’t what the judgment said, and the judgment very clearly differentiated between extreme intoxication and a state of automatism. Nevertheless, bad headlines led to disinformation that was making people afraid (and Ien cited her own daughter’s experiences reading social media about this decision, and she listed some of the figures that these disinformation posts got in terms of likes and shares). And I remember reading those headlines, and listening to the outraged questions in QP in the days that followed, and having to sigh and point out that no, that’s not what the Supreme Court ruled, and it would help if they actually read the gods damned decision because it was all right there. But sadly this seems to be the state of the media discourse these days, so good on Ien for calling it out, especially given the fact that she was herself a journalist.

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Roundup: The non-retracted story and the myths around it

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It’s day one-hundred-and-fourteen of Russia’s invasion of Ukraine, and Severodonetsk has not fallen yet. French president Emmanuel Macron, German Chancellor Olaf Scholz and Italian Premier Mario Draghi all visited Kyiv together, while Romania’s president, Klaus Iohannis, arrived on a separate train. They were there to show European unity, in spite of the fact that there have been many criticisms levelled at them in recent weeks for being slow to deliver promised aid, or trying to appease Putin. The fact that they could see some of the atrocities in Irpin, outside of Kyiv, may have given them some perspective on the conflict as well. They did also come with a message about trying to facilitate Ukraine’s entry into the European Union, which would have a great deal of symbolic weight in the conflict.

Meanwhile, NATO defence ministers met in Brussels to discuss ways to continue bolstering their Eastern flank, which will mean more forward-deployed combat formations.

Closer to home, there has been a pervasive bit of disinformation circulating, spread by certain media outlets, that CBC had retracted some of its reporting on the occupation, and in particular about its funding. That’s false—there was on radio correction, but the stories themselves stood, and are still there. Nevertheless, this notion that there was this retraction has been the basis of part of the Conservative attacks on Marco Mendicino in the justification for the invocation of the Emergencies Act, and in particular the financial tools that were used to freeze bank accounts of participants. While the Conservatives, citing these certain outlets, claim that the allegations of “dark money” fuelling the occupation was false, there was indeed foreign money coming in, though not as much as some people assumed. Of course, the Conservatives are also lying about just who this occupation was made up of, so any of their assertions what is true or false around the entire situation are suspect because they have a vested interest in protecting the occupiers, believing they can harness them to their own ends. (Spoiler: They really won’t in the end).

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Roundup: Jubilee Weekend (not that you’d know it in Canada)

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It’s day one hundred-and-three of Russia’s invasion of Ukraine, and Kyiv has once again come under attack from Russian missiles, who claimed this was about hitting tanks donated by Western countries. Ukrainians, meanwhile, say they have reclaimed Sievierokonetsk in a counter-offensive, but this has not yet been verified. Ukrainians are taking losses, between 60 to 100 per day which is more than the Americans took daily than in the worst of the Vietnam War, but this may also galvanize to them fight even harder as more advanced weapons from allies arrive. Here are stories from the southern city of Mykolaiv, where the shelling is constant.

Meanwhile, NATO is kicking off two weeks of naval exercise in the Baltic Sea which will include Sweden and Finland, while NATO Secretary General Jens Stoltenberg has been meeting with Turkey’s president to try and solve the impasse of Turkey blocking Sweden and Finland’s entry into the alliance.

https://twitter.com/ZelenskyyUa/status/1533516244124590085

Closer to home, it was the celebrations of the Queen’s Platinum Jubilee over the weekend, even though the Canadian government kept things as low-key as they possibly could. I have real trepidation about the way in which this government seems to think of Canadian monarchy as an afterthought, because it inevitably leads to politicisation when Conservatives put in more effort, and that is the absolute last thing we want or need. It’s an institution for everyone, and needs to be treated as such. There were, nevertheless, a few CanCon elements in the celebrations in London, as well as some royal Kremlinology about what it all signalled. Tangentially related to the celebration was the 150th anniversary of the Governor General’s Foot Guards in Ottawa, who got their own parade.

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