Tag Archives: Supreme Court

Roundup: A bill to swiftly pass?

Posted on by

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.

Continue reading →

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

Posted on by

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).

Continue reading →

QP: Missing the point on inflation

Posted on by

While the prime minister was off to NORAD headquarters and then the Summit of the Americas, we had most of the other leaders in the Commons today. Candice Bergen led off, script in front of her, complaining that the prime minister wouldn’t deal with airport line-ups and be photographed with his mask off in other countries, and railed somewhat incoherently about pandemic theatre. Adam van Koeverden first noted the importance of the prime minister’s international travel, before saying that people are confused by the mixed messages from the Conservatives on public health measures and vaccinations. Bergen then pivoted to rising cost of living, and demanded support for their Supply Day motion on cutting GST and carbon prices. Chrystia Freeland listed off affordability measures and that benefits are indexed to inflation. Bergen got indignant and railed that these cheques weren’t worth anything, and that the prime minster was out of touch. Freeland slowly repeated back Bergen’s assertion, noting that she lives in a government accommodation, and how much these cheques were worth to people. Luc Berthold took over in French to demand support their motion, and Freeland decided to quote the Parliamentary Budget Officer back to Conservatives, and what he said about the drivers of inflation. Berthold also gave his own performance of indignation, and Freeland calmly read her script about affordability measures.

Alain Therrien led for the Bloc, and he decried the delays at passport offices, to which Karina Gould deployed her usual lines about adding resources and some offices being open on Saturdays to meet delays. Therrien repeated his demands for faster processing on weekends without additional charges, and Gould repeated her assurances.

Jagmeet Singh rose for the NDP, and he stated that one out of every for Canadians are going hungry (erm, not sure about that claim), while grocery giants are raking in profits, insisting they are responsible for one fourth of food inflation (again, not sure about the veracity of that claim) so they should be taxed to help Canadians. Freeland stated that they are insuring that the wealthy pay their fair share, and listed the budget measures on banks, insurance companies and the luxury tax. Singh repeated his dubious claims in French, and made the same demand, and Freeland repeated her same points.

Continue reading →

Roundup: Caucus confidence and garbage legislation

Posted on by

It is now day one-hundred-and-four of Russia’s invasion of Ukraine, and Russia has turned over several of the bodies of Russian fighters from that steel mill in Mariupol where they were holed up for weeks. Missiles continue to fall over other parts of the country, and president Volodymyr Zelensky warns that Russians are targeting the city of Zaporizhzhia in the south, as a means of advancing further into the centre of the country. As well, here is a thread about Russia’s cyberwar in Ukraine, and how they route Ukrainian internet through Russian servers when they take over territory as a means of controlling information.

Meanwhile, a lot of attention has been paid to the confidence vote that UK prime minister Boris Johnson was subjected to within his own party, which he barely survived, and at a much lower margin than other UK prime ministers survived theirs before they made their political exits. With 42 percent of your caucus against you, you cannot survive more than a few more months. It’s simply untenable. Of course, Michael Chong had to pipe up to make yet another pitch for his (garbage) Reform Act and trying to goad the Liberals into signing onto it, which is wrong, and tiresome. Like the Liberals did when Chong first proposed the bill, there was this assertion that this would be what would do in Stephen Harper because his caucus must hate him, erm, except they didn’t. And Chong is making the very same assertion here, which seems to be yet one more Conservative falling into the trap of believing that people hate Trudeau as much as they do. Additionally, as I have stated time and time again, MPs did not need Chong’s garbage legislation to be able to oust leaders—they already had that power if they chose to use it. Putting a legislative framework around those powers only curtails them by stealth, while pretending to “give” MPs powers they already have, it absolutely limited senators’ powers within their caucuses, and it gave leaders even more insulation by putting up thresholds to levels beyond what would ordinarily have been considered fatal to a leader. It doesn’t need to spread further.

https://twitter.com/PickardJE/status/1533902493322776576

Continue reading →

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

Posted on by

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.

Continue reading →

QP: Taking shots at the Supreme Court of Canada

Posted on by

Wednesday, caucus day, and proto-Prime Minister’s Questions day. Justin Trudeau was indeed present, as were most but not all of the other leaders. Candice Bergen led off, script on her mini-lectern, and she decried the “failure” to make life affordable, as though the prime minster has magic powers to set world oil prices, or to stop droughts in food-producing regions. Trudeau reminded her that the first thing they did was to cut taxes to the middle class and bringing in the Canada Child Benefit, which is indexed to inflation. Bergen insisted that the Liberals were cheering on high gas prices, and then worried about rising interest rates, as though you can have both low inflation and near-zero interest rates in perpetuity. Trudeau took up a script to list affordability measures like cutting cellphone bills, child care, and increasing the federal minimum wage (which affects only a tiny minority of people). Bergen pivoted to the rise in violent crime and worried that violent criminals would just get house arrest (which is an utter falsehood). Trudeau read a script about how they need a system that punishes criminals but does not target Black and Indigenous people, and that the legislation increases maximum penalties. Luc Berthold took over in French to equate both higher prices and violent crime, eventually getting to a demand to lower taxes (which fuels inflation, guys), and Trudeau read some talking points about affordability measures. Berthold decried the rise in interest rates, and Trudeau extemporaneously pointed to lower child care fees thanks to his government.

Alain Therrien led for the Bloc, and he decried the potential federal intervention at the Supreme Court on Quebec’s so-called “secularism” law, and Trudeau said that he must have misheard, that the Bloc insisted that those who want to challenge the law are not real Quebeckers. Therrien insisted this as an internal matter to Quebec, and insisted Canada was trying to “force” religion into their state, and Trudeau took exception to this, saying that minorities have the same across the country, and the federal government would stand up for them.

Jagmeet Singh rose for the NDP, and listed the number of people who have died from toxic drug overdoses since 2017, and wanted the same decriminalisation approach that BC across the country. Trudeau said this was about working with provinces and municipalities to ensure there is a framework around it, but it was a complex solution. Singh repeated the question in French, and Trudeau gave the same response in French.

Continue reading →

QP: Torquing the Supreme Court’s rulings

Posted on by

While the PM was in town and had a press conference scheduled for shortly after QP, he was absent from the Chamber, as were all other leaders, though the deputy PM was present, for what it’s worth. Luc Berthold led off, and he gave a misleading statement about what the Supreme Court of Canada ruled on Friday, and demanded that the government do something about this. David Lametti said that the fact they are eligible for parole does not mean they will get it, and the parole board will determine if the Quebec City mosque shooter will get it…in 25 years. Berthold then pivoted to affordability, and mischaracterised the effect of the carbon price, ignoring the rebates, to which Chrystia Freeland recited that inflation is global, but that they were taking action such as dental care, a one-time housing benefit and tax credits. Berthold accused the government of lacking compassion, to which Freeland listed measures to help the vulnerable. Dan Albas took over in English to demand price controls on gas, and Freeland listed benefits that are indexed to inflation. Albas railed about prices rising, and Freeland repeated her list of indexed benefits.

Alain Therrien led for the Bloc, and he railed that the federal government would challenge Law 21 at the Supreme Court, insisting this was a matter of democracy (ignoring that liberal democracies protect the rights of minorities). David Lametti lamented the pre-emptive use of the Notwithstanding Clause, and said the government has concerns about provisions in the law. Therrien accused the government of trying to pick a fight with Quebec, roping Law 96 into the conversion, and Lametti reminded him that he too is a Quebecker and that plenty of people have concerns about this law.

Peter Julian rose for the NDP, and in French, lamented that the Deschamps report gathered dust and wanted the Arbour report to be implemented. Anita Anand read a script about accepting the Arbour Report, and having a conversation with the prime minster about it, and that they agree with the significant issues identified in it. Lindsay Mathyssen repeated the question in English, and Anand read the English version of the same script.

Continue reading →

Roundup: Deficit is coming in lower than expected

Posted on by

It is on or about day ninety-four of Russia’s invasion of Ukraine, and Russian forces are claiming that they have captured a rail hub in Donestk, while they continue to pound Severodonetsk, with some 90 percent of the city’s buildings damaged. Ukrainians are calling for Western allies to deliver weapons faster, though there is talk that it looks like this aggressive push by Russia has depleted their arsenal.

The invasion is also not accidental in terms of location or timing—the eastern part of the country are a trove of natural gas and critical minerals, and when Russia invaded, it cut off Ukraine’s exploration of natural gas reserves in the Black Sea, which could have been used to help wean Europe off of Russian oil and gas. Because aren’t all wars really about resources?

Closer to home, the Fiscal Monitor was released, and the deficit figure is coming in much lower than anticipated, because in large part the economy is overheated which is generating a lot of revenue (and inflation does help in terms of collecting higher taxes on higher prices). But as Kevin Milligan points out, this means that the obsession by the Conservatives with the deficit is becoming really misplaced—the massive spending in 2020 to get us through the pandemic is behind us, and we’re not in that situation anymore. Not that facts matter—this is really an exercise in people’s feelings about the deficit, and the perceptions that are not grounded in facts.

https://twitter.com/kevinmilligan/status/1530246817589252098

https://twitter.com/kevinmilligan/status/1530247609792663552

https://twitter.com/kevinmilligan/status/1530248376364593153

Continue reading →

Roundup: Cancelled committees because of the human toll of hybrid sittings

Posted on by

It is now approximately day ninety-three of Russia’s invasion of Ukraine, and Russian forces have shelled more than 40 towns and villages in the Donbas region, while they try to encircle Severodonetsk and Lysychansk. It also sounds like Russia has lifted the age restriction for voluntary military service, which gives you a hint that they need more troops because the invasion has not gone well for them. President Volodymyr Zelenskyy is asking Western allies for rocket systems to repel Russian forces from the Donbas, before the cities and towns in the area become “uninhabited.”

Closer to home, it looks like the realities of the finite resource of Parliament are finally starting to hit for MPs and senators, and more and more committee meetings are being cancelled as there simply aren’t enough interpreters to go around, exacerbated by late-night sittings, and more than anything, the fact that they keep finding excuses to extend hybrid sittings no matter that they know full well that the use of Zoom is causing injuries to the interpreters, and most of them know that they can’t simply hire more as there are no more to hire. They literally cannot graduate enough to replace the ones who are retiring or whose injuries are forcing them from the workplace (especially as they risk permanent hearing loss). And MPs simply don’t care. Worse, they passed a motion last week to create yet another special committee, as if they had the resources to do so. Because they don’t care. It’s all about show, whether that’s the Liberals and NDP patting themselves on the back for being “good examples” of working from home, or the Conservatives’ constant filibustering and wasting of time that drags out proceedings, which taxes the interpreters even further (and isn’t helped by the fact that they refuse to wear masks in the Chamber).

I’ve stated this before, and I’ll keep saying this—it is morally reprehensible for MPs and senators to keep demanding hybrid sittings when they know the human cost it takes on the interpreters. They could easily organize themselves in safer ways to have in-person meetings, which won’t strain the interpreters, and that they could have something that resembles normal operations as a result, but they refuse, because too many of them have grown to like the hybrid sittings, so that they don’t have to travel. Who cares if a human being is suffering injuries and facing the possibility of permanent hearing loss? That MP doesn’t have to travel, so that’s what counts. It’s absolutely unconscionable, and they should be shamed for it.

Continue reading →

Roundup: The painful French debate

Posted on by

It is now on or about day ninety-two of Russia’s invasion of Ukraine, and the twin cities of Severodonetsk and Lysychansk are becoming pivotal battlefields that Russian forces are trying to encircle. Russian missiles also struck the city of Pokrovsk, as part of the offensive in the Donbas region. Russia, meanwhile, is trying to accelerate their granting citizenship to people in captured areas, in order to somehow legitimise their occupation of the territories. Russia also has allegedly offered to open up Black Sea access so that Ukrainian grain can flow to the world market and avoid a food crisis—but only if the West lifts sanctions on Russia. So weaponizing food security is not above Putin’s regime.

Meanwhile, Swedish and Finnish diplomats are in Ankara, Turkey, to discuss NATO membership, and to assuage Turkey’s concerns about their perceived support for Kurdish groups that Turkey considers to be terrorists. Sweden has denied providing financial or military support for these groups.

Closer to home, it was the French debate in the Conservative leadership race last night, and it was…challenging to watch. Most of the French was not good, and they largely read prepared statements with halting and rehearsed attack lines against one another, which was not cute. Most of the night was spent with Pierre Poilievre, Patrick Brown, and Jean Charest going at one another, while Scott Aitchison, whose French was better than he let on, stayed out of the fray, and Roman Baber and Leslyn Lewis struggled to be even coherent (not that Baber is coherent at the best of times in English, considering that he’s an utter moron). The topic of inflation was painful because they kept insisting on policies that would fuel inflation and denouncing policies that would tame it, because of course they would, and there was an attempt to corner Poilievre on Law 21 and religious symbols, as he has been saying different things in English and French. As expected, Charest mopped the floor with his competitor on French ability alone, but his closing remarks, exhorting party members to reject Americanised politics, may simply go over like a lead balloon in a party base who thinks that Poilievre is their guy because he’s pugilistic and wants to fight like this was American talk radio. None of it leaves much room for optimism as to the direction of the party.

Continue reading →