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Court mood is jovial as Kavanaugh takes his place on bench

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WASHINGTON — Brett Kavanaugh took the bench with his new Supreme Court colleagues for the first time Tuesday in a jovial atmosphere that was strikingly at odds with the tension and rancour surrounding his high court confirmation.

The new justice dived into his new job, asking a handful of questions in the first arguments of the day following a traditional welcome from Chief Justice John Roberts, who wished Kavanaugh “a long and happy career in our common calling.”

Kavanaugh took his seat at the end of bench to Roberts’ far left just after 10 a.m., a visible manifestation of a moment that Republicans have dreamed of for decades, with five solidly conservative justices on the court, and Democrats have dreaded.

His path to confirmation was turbulent — opposition to him intensified after Christine Blasey Ford accused him of sexually assaulting her, allegations Kavanaugh denied.

In court, Kavanaugh asked questions of both sides in arguments over increased prison sentences for repeat offenders. He jumped in with his first question after most of the other justices had spoken.

Questions from Kavanaugh and Justice Neil Gorsuch, President Donald Trump’s two high court picks, suggested they could vote against the Trump administration and side with a criminal defendant from Florida who is fighting an increase in his sentence from just over six years to possibly more than 15 years.

There were no disruptions in the courtroom and the justices laughed at each other’s jokes. Justice Sonia Sotomayor even appeared to playfully pinch Gorsuch’s arm as she asked a question about the kind of physical force necessary to have a crime be treated as violent under a federal enhanced sentencing law.

The newest justice’s wife and two daughters were in seats reserved for justices’ guests, along with retired Justice Anthony Kennedy. Kavanaugh replaced Kennedy on the bench.

The 53-year-old Kavanaugh occasionally chatted privately with his seatmate, Justice Elena Kagan. From time to time, he put on reading glasses to refer to papers in front of him.

There was a long line of people hoping to see Kavanaugh’s first appearance. Police put up barricades in front of the court, but there were few protesters in the early morning.

Those who were there held signs saying, “We will not forget” and “We do not consent,” following the acrimonious fight that culminated in Kavanaugh’s 50-48 Senate confirmation Saturday.

Kennedy’s presence in the courtroom underscored the changing of the guard on the bench. Kennedy was a more moderate conservative who sometimes sided with the court’s four liberal justices. Kavanaugh, in contrast, is expected to be a more decidedly conservative vote, tilting the court right for decades and leaving Roberts as the justice closest to the ideological middle.

Republicans had hoped to confirm Kavanaugh in time for him to join the court on Oct. 1, the start of the new term. Instead, the former D.C. Circuit judge missed the first week of arguments as the Senate considered an allegation that he had sexually assaulted a woman in high school, an allegation he adamantly denied.

Kavanaugh has had busy days since he was confirmed Saturday. That evening, he took his oaths of office in a private ceremony at the Supreme Court while protesters chanted outside the court building.

And on Monday evening he was the guest of honour at a ceremonial swearing-in at the White House. While Trump apologized on behalf of the nation for “the terrible pain and suffering” Kavanaugh and his family had suffered and declared him “proven innocent,” the new justice assured Americans that he would be fair and was taking the job with “no bitterness.”

The other eight justices also were at the White House Monday.

Kavanaugh has also begun moving in to his new office at the Supreme Court, taking over space previously used by Justice Samuel Alito, who moved into offices vacated by Kennedy. Kavanaugh has also hired four clerks, all women, the first time that has happened.

On Wednesday, the only other day of arguments this week, the court will hear another two hours of arguments. One of the two cases the court is hearing then involves the detention of immigrants, an issue on which Kavanaugh’s vote could be key.

Though he missed the court’s first week, none of the six cases argued dealt with blockbuster issues. They included a case about a potential habitat for an endangered frog and another about an Alabama death row inmate whose lawyers argue he shouldn’t be executed because dementia has left him unable to remember his crime. Kavanaugh won’t vote in those cases, but if the court is split 4-4 it could decide to have those cases re-argued so Kavanaugh could break the tie.

As the newest member of the court Kavanaugh will take on a few special jobs. He will take notes for the justices when they meet for private conferences. He’ll also be the one to answer the door at those meetings if someone knocks to deliver something such as a justice’s coffee or forgotten glasses.

He’ll also sit on the committee that oversees the court’s cafeteria, which is open to the public. Roberts has previously said that assignment is a way of bringing a new justice “back down to Earth after the excitement of confirmation and appointment.”

Jessica Gresko And Mark Sherman, The Associated Press




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What is ‘productivity’ and how can we improve it

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From the Fraser Institute

By Jock Finlayson

Earlier this year, a senior Bank of Canada official caused a stir by describing Canada’s pattern of declining productivity as an “emergency,” confirming that the issue of productivity is now in the spotlight. That’s encouraging. Boosting productivity is the only way to improve living standards, particularly in the long term. Today, Canada ranks 18th globally on the most common measure of productivity, with our position dropping steadily over the last several years.

Productivity is the amount of gross domestic product (GDP) or “output” the economy produces using a given quantity and mix of “inputs.” Labour is a key input in the production process, and most discussions of productivity focus on labour productivity. Productivity can be estimated for the entire economy or for individual industries.

In 2023, labour productivity in Canada was $63.60 per hour (in 2017 dollars). Industries with above average productivity include mining, oil and gas, pipelines, utilities, most parts of manufacturing, and telecommunications. Those with comparatively low productivity levels include accommodation and food services, construction, retail trade, personal and household services, and much of the government sector. Due to the lack of market-determined prices, it’s difficult to gauge productivity in the government and non-profit sectors. Instead, analysts often estimate productivity in these parts of the economy by valuing the inputs they use, of which labour is the most important one.

Within the private sector, there’s a positive linkage between productivity and employee wages and benefits. The most productive industries (on average) pay their workers more. As noted in a February 2024 RBC Economics report, productivity growth is “essentially the only way that business profits and worker wages can sustainably rise at the same time.”

Since the early 2000s, Canada has been losing ground vis-à-vis the United States and other advanced economies on productivity. By 2022, our labour productivity stood at just 70 per cent of the U.S. benchmark. What does this mean for Canadians?

Chronically lagging productivity acts as a drag on the growth of inflation-adjusted wages and incomes. According to a recent study, after adjusting for differences in the purchasing power of a dollar of income in the two countries, GDP per person (an indicator of incomes and living standards) in Canada was only 72 per cent of the U.S. level in 2022, down from 80 per cent a decade earlier. Our performance has continued to deteriorate since 2022. Mainly because of the widening cross-border productivity gap, GDP per person in the U.S. is now $22,000 higher than in Canada.

Addressing Canada’s “productivity crisis” should be a top priority for policymakers and business leaders. While there’s no short-term fix, the following steps can help to put the country on a better productivity growth path.

  • Increase business investment in productive assets and activities. Canada scores poorly compared to peer economies in investment in machinery, equipment, advanced technology products and intellectual property. We also must invest more in trade-enabling infrastructure such as ports, highways and other transportation assets that link Canada with global markets and facilitate the movement of goods and services within the country.
  • Overhaul federal and provincial tax policies to strengthen incentives for capital formation, innovation, entrepreneurship and business growth.
  • Streamline and reduce the cost and complexity of government regulation affecting all sectors of the economy.
  • Foster greater competition in local markets and scale back government monopolies and government-sanctioned oligopolies.
  • Eliminate interprovincial barriers to trade, investment and labour mobility to bolster Canada’s common market.
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COP29 was a waste of time

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From Canadians For Affordable Energy

Dan McTeague

Written By Dan McTeague

The twenty-ninth edition of the U.N. Climate Change Committee’s annual “Conference of the Parties,” also known as COP29, wrapped up recently, and I must say, it seemed a much gloomier affair than the previous twenty-eight. It’s hard to imagine a more downcast gathering of elitists and activists. You almost felt sorry for them.

Oh, there was all the usual nutty Net-Zero-by-2050 proposals, which would make life harder and more expensive in developed countries, and be absolutely disastrous for developing countries, if they were even partially implemented. But a lot of the roughly 65,000 attendees seemed to realize they were just spewing hot air.

Why were they so down? It couldn’t be that they were feeling guilty about their own hypocrisy, since they had flown in, many aboard private jets, to the Middle Eastern petrostate of Azerbaijan, where fossil fuels count for two-thirds of national GDP and 90% of export revenues, to lecture the world on the evils of flying in planes and prospering from the extraction of oil and natural gas. Afterall, they did the same last year in Dubai and there was no noticeable pang of guilt there.

It’s likely that Donald Trump’s recent reelection had a lot to do with it. Living as they do in a media bubble, our governing class was completely blindsided by the American people’s decision to return their 45th president to the White House. And the fact that he won the popular vote this time made it harder to deny his legitimacy. (Note that they’ve never questioned the legitimacy of Justin Trudeau, even though his party has lost the popular vote in the past two federal elections. What’s the saying about the modern Left? “If they didn’t have double standards, they’d have no standards at all.”)

Come January, Trump is committed to (once again) pulling the U.S. out of the Paris Climate Accords, to rolling back the Biden Administration’s anti-fracking and pro-EV regulations, and to giving oil companies the green light to extract as much “liquid gold” (his phrase) as possible, with an eye towards making energy more affordable for American consumers and businesses alike. The chance that they’ll be able to leech billions in taxpayer dollars from the U.S. Treasury while he’s running the show is basically zero.

But it wasn’t just the return of Trump which has gotten the climate brigade down. After a few years on top, environmentalists have been having one setback after another. Green parties saw a huge drop off in support in the E.U. parliament’s elections this past June, losing one-third of their seats in Brussels.

And wherever they’ve actually been in government, in Germany and Ireland for instance, the Greens have dragged down the popularity of the coalitions they were part of. That’s largely because their policies have been like an arrow to the heart of those nations’ economies – see the former industrial titan Germany, where major companies like Volkswagen, Siemens, and the chemical giant BASF are frantically shifting production to China and the U.S. to escape high energy costs.

But while voters around the world are kicking climate ideologues to the curb, there are still a few places where they’re managing to cling to power for dear life.

Here in Canada, for instance, Justin Trudeau and Steven Guilbeault steadfastly refuse to consider revisiting their ruinous Net Zero policies, from their ever-increasing Carbon Tax, to their huge investments in Electric Vehicles and the mandates which will force all of us to buy pricey, unreliable EVs in just over a decade, and to the emissions caps which seek to strangle the natural resource sector on which our economy depends.

Minister Guilbeault was all-in on COP29, heading the Canadian delegation, which “hosted 65 events showcasing Canada’s leadership on climate action, nature-based solutions, sustainable finance, and Canadian clean technologies—while discussing gender equality, youth perspectives, and the critical role of Indigenous knowledge and climate leadership” and stood up for Canadian values such as “2SLGBTQI+” and “gender inclusivity.” Once again, in Azerbaijan, which has been denounced for its human rights abuses.

And no word yet on the cost of all of this – for last year’s COP28 the government – or should I say the taxpayers – spent $1.4M on travel and accommodations alone for the 633 member delegation. That number, not counting the above mentioned events, are sure to be higher, as Azerbaijan is much less of a travel destination than Dubai, and so has fewer flights in and available hotel rooms.

At the same time all of this was going on, Trudeau was 12,000 kms away in Rio de Janeiro, Brazil,  telling an audience that carbon taxation is a “moral obligation” which is more important than the cost of living: “It’s really, really easy when you’re in a short-term survive, [to say] I gotta be able to pay the rent this month, I’ve gotta be able to buy groceries for my kids, to say, OK, let’s put climate change as a slightly lower priority.”

This is madness, and it underscores how tone-deaf the prime minister is, and also why current polling looks so good for the Conservatives that Pierre Poilievre might as well start measuring the drapes at the PMO.

He has the Trudeau Liberals’ obsessive pursuit of Net Zero policies in large part to thank for that.

The world is waking up to the true cost of the Net Zero ideology, and leaving it behind. That doesn’t mean the fight is over – the activists and their allies in government are going to squeeze as many tax dollars out of this as they possibly can. But the writing is on the wall, and their window is rapidly closing.

Dan McTeague is President of Canadians for Affordable Energy.

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