Tag Archives: The Senate

Roundup: The Sovereignty Act is an attack on democracy itself

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Alberta premier Danielle Smith tabled her “Alberta Sovereignty in a United Canada Act” yesterday, and it was worse than anyone had previously imagined.

https://twitter.com/EmmMacfarlane/status/1597736239960297473

For starters, the “in a united Canada” part is an attempt to be clever in trying to insist that this isn’t about separatism, but that’s mere window dressing. (I also suspect that it’s not much of a coincidence that just days ago, conservative luminary Ken Boessenkool declared Stephen Harper’s “The Québécois are a nation within a united Canada” motion to be a genius unifying move, never mind the fact that just who “the Québécois” were was never defined and created rifts with Anglo-Quebeckers). The substance of this bill is a wholesale power grab using the most extreme form of a Henry VIII clause known as enabling legislation. In this case, it allows Cabinet to amend any legislation they see fit to after being given a mandate by way of a resolution passed by the legislature (where they have a comfortable majority). Smith and her justice minister, Tyler Shandro, kept insisting that this resolution process was democratic and transparent, but this kind of enabling legislation is anything but, particularly because it allows Cabinet to define the terms of what they deem “injurious to Alberta’s interests,” or whatever the excuse they’re giving themselves to take these powers. It violates the separation of powers by declaring federal legislation to be null and void in the province, and directs police not to enforce federal laws, which is an attack on the rule of law.

https://twitter.com/EmmMacfarlane/status/1597732003411267584

https://twitter.com/EmmMacfarlane/status/1597761564257701888

Smith justified the need for such powers as saying that Alberta has been “ignored” by the federal government for the past ten years, which is a) complete bullshit, and b) that’s not a justifiable reason to give yourself the power to ignore the legislative process. She insisted this was just defending rights like Quebec does, but Quebec doesn’t do this. Her list of grievances was largely all strawmen—the incoming emission cap on the oil and gas sector, the plan to reduce fertilizer emissions, environmental assessment legislation, and the worst affront of all—that the federal government would dare to try to attach strings to federal dollars. How very dare they! But this kind of mendacious grievance-mongering is how politics has been practice in the province for years now, so it’s not unexpected that this is what she would fall back to.

https://twitter.com/acoyne/status/1597733033754386434

Smith’s apologists immediately came out to defend the bill saying that it’s “symbolic” and Smith herself was insisting she doesn’t want it to be used. That’s all horseshit. You don’t give yourself very real enabling legislation powers for “symbolic” reasons if you don’t intend to use it. The federal government has largely been signalling that they won’t be engaging, though I wouldn’t be surprised if, now that we’ve seen the text and the huge overreach, that they would refer this to the Supreme Court of Canada so fast that it will give you whiplash. While this could be Smith imagining that it’s a fight she wants, I have severe doubts that it would give her the legitimacy in a fight that she so desperately wants.

As this was all going down, Jason Kenney announced that he had resigned his seat, with a letter attached that bemoaned how polarized politics had become—after he spent 25 years actively engaging in that very polarizing behaviour and driving it to partisan effect. The kicker here is that Kenney was vehemently opposed to the proposed Sovereignty Act, and planned to oppose it in the legislature, but as soon as the bill is tabled, whoops, there he goes. I can’t quite decide if this is weaselly behaviour, or Kenney being a chicken shit. Either way, it was a choice.

https://twitter.com/jkenney/status/1597741099971641344

Ukraine Dispatch, Day 280:

NATO foreign ministers met in Bucharest, Romania, and have pledged additional non-lethal support with things like more blankets and generators to help Ukrainians to get through the winter, but also to send them Patriot missiles. The Americans announced $53 million to buy parts to help repair the electrical grid. Inside Ukraine, “Points of Invincibility” have bene set up which are stations to get food, drinks, and warmth as the shelling of critical infrastructure continues.

https://twitter.com/ukraine_world/status/1597661671560024067

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Roundup: The false binary in MAiD coverage

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The stories about the hearings on expanding the Medical Assistance in Dying regime continue apace, complete with lurid tales of people threatening to access MAiD for reasons of poverty rather than because they want to die at this particular moment of whatever condition they suffer that makes them eligible, and almost all of them frame it as the federal government forcing people to die. Althia Raj’s latest column was literally titled “Why does the Trudeau government leave people no option but to take their own lives?” before it was changed several hours later, which may or may not have been because I pointed out the fact that disability supports and housing are provincial responsibilities and not the responsibility of the federal government, who are concerned only with the Criminal Code prohibitions against providing MAiD.

Once again, provinces are being let off the hook for their own responsibilities to care for these vulnerable people. In all of the cases going to the media, it’s over areas that the province should have been responsive to, but we also know that they have been in the business of legislating poverty for those who require disability supports, so it’s not a surprise, but it’s not something the federal government can just swoop down and fix. Yes, they have committed to their disability benefit, which is still in still at committee and will take time to implement because of the complexity of dealing with provincial programmes and most especially ensuring that any federal benefits don’t mean that provincial ones are clawed back (like several provinces did with CERB payments, because again, they are legislating poverty), but even this federal support does not make it a federal responsibility, nor should it impact the considerations for the Criminal Code provisions around providing MAiD to those who request it. That road leads to “perfect world” thinking, where people will be made to suffer needlessly because premiers can’t do their jobs. (Full disclosure: My mother accessed MAiD when she had terminal cancer, and was afforded a good and dignified death).

I also think that there is a growing media ethics problem where we are seeing an increasing number of these stories with either unverified accounts of people who accessed MAiD for seemingly illegitimate purposes (though they obviously had a qualifying condition), or those who are taking to the media to threaten to access MAiD if they can’t get supports they need, as is the case cited in Raj’s column. The framing of these stories is often badly flawed, the facts usually unclear, and frankly, it is emboldening people to use the lurid threats of suicide (albeit medically assisted) in order to draw attention to their plight. Media outlets need to start reconsidering how this is being covered, because the number of these stories appears to be on the rise, and it doesn’t help anyone when things are covered in such a way.

Ukraine Dispatch, Day 272:

The damage to the electrical system in the country has president Volodymyr Zelenskyy urging Ukrainians to conserve electricity where possible and to think about options that will help them wait out long outages. He also said that people from liberated Kherson can apply to relocate to places where security and heating issues are less acute, considering how much of Kherson’s civilian infrastructure was destroyed. Here is more about how Kyiv is dealing with the blackouts.

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Roundup: Counting votes is not a measure of the Senate’s health

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The National Post did an analysis of the “new, independent” Senate to see just what has changed since the prime minister Justin Trudeau began his bid to reform the Upper Chamber through the appointment process, and lo, the analysis misses the whole gods damned point. You don’t judge the effectiveness of the Senate by counting votes. It has never operated in such a way, and (quantitative) political scientists and journalists can’t get that through their heads. The Senate is not going to vote down government legislation unless it’s a dire circumstance, and usually they will only insist on an amendment once before they will let a bill pass. How many times they vote against the government is not a measure of independence either, because the objective of most senators is to let a bill get to committee where the real work happens, and they will try to amend any flaws (and even then, we’ve had a problem of this particular government needing to sponsor amendments to fix their flaws that they bullied through the Commons, until the more recent and destructive trend of telling them to pass it anyway and that they would fix the flaw in a future piece of legislation).

There are plenty of other measures by which we could talk about why the “new” Senate isn’t working from the fact that they can barely organise a picnic anymore because most of the Independent senators can’t stick to agreements on procedural matters, or the fact that the pandemic has gutted their ability to be useful aside from adding a few speeches to the record because legislation is being bullied through without time for scrutiny, or the fact that they no longer have the interpretation capacity to run many of their committees like they used to thanks to hybrid sittings burning out the interpreters. Those are all very real problems that are hurting the Senate, but it requires journalists (and academics) who know the place and what is going on, and what questions to ask, and those are almost non-existent. But hey, we counted votes, so that means something, right? Nope.

Ukraine Dispatch, Day 265:

President Volodymyr Zelenskyy visited the recently liberated city of Kherson to declare it the beginning of the end of Russia’s invasion, but also notes that the city is laced with boobytraps and mines, and that they have a significant challenge ahead in repairing critical infrastructure so that people can get electricity and water.

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Roundup: Play stupid procedural games, win stupid procedural consequences

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My patience for the stupid procedural games being played in the House of Commons is wearing incredibly thin as Liberal House Leader Mark Holland is moving a motion to extend sitting hours to midnight. Now, this would be fairly normal for the last four sitting weeks of the year, but Holland is moving the motion to extend until June. *sighs, pinches bridge of nose* Holland claims it’s because the Conservatives are being obstructionist, and putting up long speaking lists for every bill, so he’s going to accommodate them, and the Conservatives are saying that it’s their job to have vigorous debate on every bill, but this is beyond excessive. (The NDP are also in favour of this, because they too have essentially had a policy of talking every bill to death for the past decade or so). But that should make everyone happy, no?

Of course not. Andrew Scheer is, not incorrectly, pointing out that midnight sittings take resources (read: interpreters) away from committees, and calls this the Liberals trying to kill accountability by stealth. That’s one interpretation, but one could also say that it’s the consequences of the Conservatives decision to fill up the speaking lists like they are. And it’s all so unnecessary. This insistence of filling up speaking lists and having MPs read canned speeches into the record for hours on end is a particularly Canadian phenomenon, and it’s a symptom of our politics being treated un-seriously. It’s stupid gamesmanship that started years ago, and it gets worse with each passing parliament, and we need to stop it. The fact that Holland and Scheer are now exacerbating it even more as a kind of brinksmanship is killing our democracy, and MPs need to grow the hell up, on all sides of the Chamber.

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Roundup: The federal walkout in the face of the premiers’ games

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The federal-provincial health ministers’ meeting broke down with federal ministers Jean-Yves Duclos and Carolyn Bennett walking out after a communiqué from the premiers was leaked, decrying a failure of the talks, drafted five days ago, indicating that there was no intent to listen to the federal government’s position on tying increased funding to accountability measures like outcomes and pan-Canadian data. Duclos said in his press scrum after walking out that just increasing the transfer to provinces is not a plan, which is one hundred percent correct, because we know that provinces have a demonstrated history of spending additional federal dollars on other things that are not healthcare. (Duclos’ statement here). The provincial spokes-minister, Adrian Dix, carried on with his disingenuous talking points about not being able to fix the system without more money, or demanding a first ministers’ meeting about this, the only purpose of which would be for the premiers to gang up on the prime minister for the cameras. Dix also painted this false picture of lamenting that the federal government couldn’t come together with them like they did over COVID, completely ignoring that the federal government sent billions of additional dollars to provinces for COVID and most of those provinces simply put that money directly onto their bottom lines to end their fiscal year with a surplus, which is not the point of sending money to them for healthcare.

Justin Trudeau, earlier in the day, was already calling the premiers out on this bullshit by pointing out that they are crying poor while they are offering tax breaks for their wealthier citizens, which is not a sign that their budgets are hurting for federal dollars. And this is exactly the point—premiers have largely decided to make this the federal government’s problem, because they can get away with this particular lie. Legacy media will continue to take the line that so long as a single federal dollar is involved, this becomes a federal responsibility, which is not how this works. The crumbling healthcare system is not the federal government’s problem. They have done nothing but increase funding year over year. The provinces have created this mess, and in all likelihood exacerbated it deliberately in order to force the federal government’s hand in giving them a lot more money with no strings attached, but the federal government isn’t blinking, and is finally starting to call bullshit. Let’s see if legacy media actually catches on (but I have serious doubts they will).

Ukraine Dispatch, Day 259:

President Volodymyr Zelenskyy says he’s willing to negotiate peace—on his terms, and not Russia’s, but forestalled criticism Russia was levelling against him. Otherwise, there was more shelling in Bakhmut, and two civilians were seriously wounded by unexploded mines around Kharkiv.

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Roundup: The possible constitutional crisis Ford wrought

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The fallout of Doug Ford’s pre-emptive use of the Notwithstanding Clause to bigfoot labour rights carried on yesterday on a few different fronts. In Queen’s Park, the NDP’s interim leader and half of their caucus were ejected by the Speaker for calling Doug Ford a liar over his comments about the CUPE strike, and not retracting. And when one was ejected, another one did on their turn, and so on. This is becoming a problem in legislatures and the House of Commons federally, where it becomes difficult to call out blatant falsehoods because of the prohibitions from calling someone a liar, which has absolutely emboldened parties and elected officials in their respective legislatures at different times, but it’s really bad right now.

Federally, NDP MP Matthew Green tried to call for an emergency debate on this abuse of the power, but it was not deemed worthy, and I’m at a loss as to how it could be because this isn’t a federal matter, and there is nothing the federal government can legitimately do (and don’t say Disallowance, because that is a constitutional dead letter). Later in the day, Justin Trudeau had a call with Doug Ford to tell him that his pre-emptive use of the Notwithstanding Clause was “wrong and inappropriate,” but I’m not sure what more he can do about that, other than try and encourage enough public sentiment against Ford. After all, he likes to be the fun uncle, and if enough people are mad at him, he will back down. The question is sustaining enough anger and ensuring it is widespread enough for Ford to blink.

https://twitter.com/AaronWherry/status/1587989392383148032

Meanwhile, Andrew Coyne argues that federal disallowance powers should be revived to stop provinces’ abusive pre-emptive use of the Notwithstanding clause, and it’s a position I’m going to have to give more thought to, because in a limited way there could be an argument, but it would have to be very particular. I will also note that over Twitter, there has been some chatter that there wasn’t this disallowance talk with Quebec using the Notwithstanding Clause, which is wrong—it has been there, but it is usually met with the same reply, that it’s a constitutional dead letter, and you’re provoking a constitutional crisis. But the constant abuse may have provoked that very crisis, so it’s going to need some very careful consideration as to what next steps are, and what the unintended consequences may be.

Ukraine Dispatch, Day 253:

Russia is re-joining the deal to export Ukrainian grain through the Black Sea days after it pulled out of the agreement, saying that their security concerns have been met. Ukraine has officially denied being involved in the attack on Russian ships over the weekend, but president Volodymyr Zelenskyy says that Russia seeking security guarantees from Ukraine is a sign of how badly its invasion has gone for them.

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Roundup: Threats only matter when it’s your family

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The chatter yesterday morning was that the Diagolon crew talked on their online show about raping Pierre Poilievre’s wife just to prove that they could, and lo, Poilievre got angry, referred this to the RCMP, and called the Diagolon crew dirt bags and insisted he had never heard of this group before, even though he very clearly had, and had been playing footsie with them like he has with a bunch of other far-right extremists. And yes, it’s horrifying that they would make these kinds of comments—which they insist were just “a joke” and that they meant no harm (far-right extremists are always “just joking” until they’re not), but Poilievre only seemed to care about rape threats when they were directed as his family, and not, say, the female journalists who reported on his connections with Diagolon, for whom Poilievre decried as a “smear” and sent his flying monkeys after them, who were again subjected to all manner of graphic rape and death threats, which he has never denounced. You see where this is going?

https://twitter.com/TedFriendlyGuy/status/1574412812574769152

Ukraine Dispatch, Day 215:

It is apparently the last day of Russia’s sham referendum in occupied regions of Ukraine, while their forces have conducted drone airstrikes on the port of Odessa.

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Roundup: CSE posts a threat bulletin about Russia

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We’re on day one-hundred-and-forty-two of Russia’s invasion of Ukraine, and Russians fired missiles at the central city of Vinnytsia, hitting civilian locations including a medical clinic. Ukrainian president Volodymyr Zelenskyy reiterated his statement that the Russian regime is a terrorist threat. Meanwhile, the leadership at the International Criminal Court in the Hauge is calling for an “overarching strategy” to bring perpetrators of war crimes in Ukraine to justice, so that other countries contributing to the investigations can cooperate with their efforts.

Closer to home, CSE released a threat bulletin on Russia’s cyber-activities in Ukraine, and it was a doozy, saying that the scope and severity has almost certainly been more sophisticated and widespread than has been previously reported, and yes, that has repercussions for Canada as well. Stephanie Carvin has more in this thread:

https://twitter.com/StephanieCarvin/status/1547663710700728320

https://twitter.com/StephanieCarvin/status/1547664718721994753

https://twitter.com/StephanieCarvin/status/1547666383428718594

https://twitter.com/StephanieCarvin/status/1547666393423757315

https://twitter.com/StephanieCarvin/status/1547669128076374017

https://twitter.com/StephanieCarvin/status/1547669143700131840

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Roundup: The premiers think we’re all stupid

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It is now day one-hundred-and-forty of Russia’s invasion of Ukraine, and Ukrainian forces are claiming to have hit a Russian ammunition depot near the captured city of Nova Kakhovka in the south. At the same time, Russians continue their attacks on the cities of Sloviansk and Toetsk in the Donetsk province, killing at least nine civilians. Here is a look at efforts to train Ukrainian soldiers and civilians in combat first aid. Over in Russia, the government is poised to enact legislation that can force companies to supply the military, including making employees work overtime, as the country tries to replenish its supplies after depleting them in the invasion thus far.

Closer to home, the Council of the Federation meeting ended, and lo, the premiers were unanimous in demanding that the federal government come to the table with them to, well, accept their demands to give them more money with no strings attached. Only they had both a wounded tone, which quickly switched to sanctimony when they were challenged, particularly about the pandemic spending that couldn’t be tracked. Some premiers, Tim Houston most especially, seem to think that we all have amnesia about 2004 to 2014, when the bulk of those six percent health transfer escalators were spent on other things. Saying that they all want improved outcomes is one thing, but the federal government isn’t stupid—they are well aware that provinces would be just fine with status quo that the federal government paid more for, and that they spent less on. That’s why they want conditions—so that provinces don’t pull this kind of thing once again. Premiers were also pretending that they had no idea what kinds of outcomes the federal government is looking to achieve, because most of the is in last year’s election platform. It’s not hard to find. And frankly, federal health minister Jean-Yves Duclos is right when he says that these outcomes should be agreed to at the ministerial level before the first ministers sit down to talk dollars, because you want to have a plan in place before you attach dollars to it, rather than the opposite, which John Horgan seems to think is how government should function. (You can find my thread as I was live-tweeting the closing press conference here).

https://twitter.com/EmmMacfarlane/status/1546912224148688897

On a related note, The Canadian Press devoted several hundred words of wire copy yesterday to the fact that the promised $2 billion to clear up surgical backlogs hasn’t flowed yet…because the budget only received royal assent a couple of weeks ago. And that premiers are complaining they haven’t received the money yet. I mean, premiers know how a budget cycle works. This is not a news story—it’s not even a real process story. It’s complaining for the sake of complaining. The only piece of interest in the story was that the government tabled a bill about the spending commitment, then abandoned it in order to wrap the spending in their budget bill a couple of weeks later. This isn’t the first time they’ve done so, and it’s a really annoying habit that they have, but again, not actually a news story.

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Roundup: Quieter protests, a few arrests made

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It’s day one-hundred-and-thirty-two of Russia’s invasion of Ukraine, and Russia is claiming victory in the Luhansk region after pounding Lysychansk to the point where Ukrainian troops finally withdrew. President Volodymyr Zelenskyy says that Ukrainian forces will be back with more modern weapons and will reclaim the territory. It looks like Slovyansk in the Donbas Region will be Russia’s next target, while Ukrainians fighting in the region describe it in apocalyptic terms. Meanwhile, Russia has attacked two cities in the western part of Ukraine, as well as near the port city of Odessa, but Ukrainian forces are also reclaiming territory as well, in some cases using the very tanks that they captured from the Russians. Ukraine’s prime minister is spending his time drawing up a $750 billion “Marshall Plan” to help the country recover, once they force out the invaders.

https://twitter.com/Rob_Oliphant/status/1543983733488992256

Canada Day wound up being fairly uneventful, as the protests on the Hill didn’t amount to much, though there was a heavy police presence and they weren’t playing around this time. 121 vehicles were towed, and there were a few arrests made, though in one case, it was after someone attacked a police officer. While some voices are saying that this time around there wasn’t a “perfect storm,” the fact that police did their jobs rather than being complicit was the biggest difference. For his part, prime minister Justin Trudeau was essentially trying to reclaim the flag from the protesters and the occupation earlier in the year, talking about representing our accomplishments and desire to improve, and that it stands for compassion, hope, and justice.

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