Roundup: Suspension as a first step

The Senate’s Conflict of Interest and Ethics Committee has considered the Senate Ethics Officer’s report into the conduct of one Senator Lynn Beyak and found her response to be wanting. Because she has refused to acknowledge wrongdoing and hasn’t removed the racist letters from her website, let alone apologise for posting them, they are recommending that she be suspended without pay for the remainder of the current parliament (meaning that it would end when parliament is dissolved and the writs drawn up for the election). Part of the thinking is that the time away – without pay or access to Senate resources – will give her time to think about her actions, and they suggest that the sensitivity training about racism and Indigenous history should be out of her own pocket. And if she still refuses to take action, they’ll look at having Senate administration take the letters down from her site (though nothing would stop her from moving them to a site that she hosts on her own), and if she still refuses action, well, they can revisit her fate in the next Parliament.

A couple of things to consider in all of this. First – it may help to re-read my column on the subject – is that they are likely recommending suspension because they will be very reluctant to recommend full expulsion without exhausting all avenues, and to afford her every single bit of procedural fairness and due process they possibly can in order to ensure that if it comes to that, that they will be on unshakeable ground. Setting a precedent for the removal of a senator should be done very, very carefully, and it has been argued in some circles that the reason why Senators Duffy, Wallin and Brazeau remain in the Chamber are because the need to be politically expedient in their suspensions and not affording them proper fairness essentially made it impossible to recommend expulsion in the future because they could plausibly argue that they hadn’t been afforded the due process. Consider that lesson learned with how they are dealing with Beyak.

I can’t stress enough that recommending expulsion is an extraordinary step, and they can’t just do it because she’s an unrepentant racist (even though she doesn’t see herself that way) – especially because part of the whole reason the Senate has such strong institutional protections is because Senators are supposed to be able to speak truth to power without fear of repercussion. But it’s clear that this isn’t what Beyak is doing, and they need to go to great lengths to prove it and to provide enough of a paper trail to show that there is no other choice to deal with her than expulsion, because this is a very dangerous precedent that they would be setting. More than anything, the measures they are recommending are done in the hopes that she does the honourable thing and resigns, though it remains to be seen if she will get that hint (given that she refuses to believe that she’s done anything wrong). This will be a slow process. People will need to be patient. Demanding her immediate removal will only make things worse.

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Roundup: Drawing the wrong lessons

At the time I’m writing this, it’s not looking too good for Rachel Notley and her NDP in the Alberta election (and sorry I couldn’t stay up late to track results, but StatsCan waits for no journalist). With that in mind, I wanted to just post a couple of thoughts about what this could bode – not just the immediate nonsense of Jason Kenney theatrically tabling a bill to repeal the province’s carbon tax (and immediately subjecting him to the federal backstop), or his threat to “turn off the taps” to BC when it comes to oil — something a court would strike down immediately because it’s utterly unconstitutional. Rather, I suspect that this will provide additional encouragement to Andrew Scheer to emulate Kenney’s tactics — fomenting anger, and selling people a steady diet of lies and snake oil, and hoping that he can find someone to blame when he’s unable to deliver on any of it should he get into power. Scheer’s problem will be that he doesn’t have another level of government he can cast too much blame upon, but that won’t dissuade him from the other tactics.

I also suspect that we’re going to get a renewed round of wailing and gnashing of teeth from “progressives” about how they couldn’t coalesce their votes around Notley and the NDP, and there will be all manner of blame being cast at the Alberta Party and the Alberta Liberals for splitting their vote (which is nonsense, of course, but we’ll hear it anyway).

Meanwhile, my column offers my personal loathing and dread about the way the election happened, and the problem with stoking anger and promising magic wands and snake oil.

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Roundup: Statute or prerogative?

Because there was (thankfully) not a lot of news this weekend, and I just can’t about the Alberta election right now (seriously, does nobody realize the how much fire they’ve playing with by stoking anger and making unrealistic promises?) I’m instead going to leave you with some food for thought from Philippe Lagassé about the National Security and Intelligence Committee of Parliamentarians’ report and the calls for military intelligence to be a subjected to a statutory framework rather than carrying on operating under Crown prerogative, as they currently are. Enjoy.

https://twitter.com/PhilippeLagasse/status/1117440021689016320

https://twitter.com/PhilippeLagasse/status/1117441870907330560

https://twitter.com/PhilippeLagasse/status/1117444492477353984

https://twitter.com/PhilippeLagasse/status/1117447616806047745

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Roundup: Forcing a partial denunciation

While Andrew Scheer was goading Justin Trudeau to carry on with his libel lawsuit against him, it seems that Trudeau did manage to get Andrew Scheer to do one thing that he has thus far avoided, which was an actual denunciation of white nationalism, and that he actually said those words rather than talking around them. He didn’t denounce Faith Goldy for appearing with him at that “convoy” rally, and he didn’t say anything about his cherry-picking of wilful blindness of the “Yellow Vest” contingent with their racist and whites supremacist messages at that rally, but it was a start. Baby steps. 

Part of the backdrop for this was an exchange between Senator Leo Housakos and Chrystia Freeland at a Senate committee hearing on Tuesday, where Housakos said he didn’t see any white suprematist threat (which he later said was poorly worded), and Freeland laying down the law on it. 

Amidst this drama, the head of CSIS was appearing at a different Senate committee, this time to talk about Bill C-59, the national security bill, and he did state that the intelligence service was becoming more and more preoccupied with the threat of white nationalists and far-right extremists, even though religious extremism was still one of their largest focuses. It’s something that is of concern and we can’t ignore the winking and nudges that absolutely takes place, or especially the blind eyes that get turned, but we do seem to be having a conversation about it, so that’s probably a good start.

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QP: Tough talk about libel suits

While Justin Trudeau was in town, he did not show up for QP today, but Andrew Scheer was present, and he led off, reading some wounded lines about the prime minister’s decision to sue him for libel, and demanded to know when the court action would begin — as though it were up to them to set a court date. Bardish Chagger reminded him that his defamatory words have consequences, and noted that he didn’t repeat those same statements in his press conference, and wondered if he deleted any of his tweets. Scheer said he hasn’t, proclaimed that he stands behind his words, and then in French, repeated his question. Chagger, in French, pointed out that he did delete defamatory tweets and reposted edited versions on a number of occasions. Scheer listed times when he claimed the prime minister didn’t tell the truth, and Chagger again pointed out to his tendency to delete and editing misleading statements over Twitter. Scheer tried one last time, and this time, Chagger pulled out the fact that Scheer didn’t delete any tweets from the rally he attended with Faith Goldy. Scheer called it a despicable attempt at deflecting from the scandal, and said they denounce hateful ideologies while standing up for energy workers. (Err, except they haven’t, and haven’t explicitly called out the rhetoric at that rally, and he’s personally contributed to pushing the UN conspiracy theories that fester in that movement. But hey, he says he’s denounced it). Chagger repeated that Scheer changed statements when he was served notice, but wouldn’t denounce Goldy. Jagmeet Singh was up next, and demanded that the government promise not to interfere with the decisions of the top prosecutor, and Chagger reminded him that the committee looked into this, and there was no possibility of political interference. Singh listed the demands from the legal community for investigations and demanded a public inquiry, and Chagger reminded him that the committee did its work. Singh then demanded action against plastic pollution in French, and Catherine McKenna listed actions that they have taken to date. Singh repeated the question in English, and got the same response.

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Roundup: Traps and tantrums

Budget Day was a giant production, for a variety of reasons yesterday, starting with the long-awaited showdown at the Commons justice committee. Given that the Liberal members had released that letter the night before, we knew that they were going to wrap it all up – without a report, I might add – and on their way in this morning, they handed to the media a copy of the motion they were planning to move to start a new study on hate crimes (because this increasingly seems like what the Liberals want to fight the next election on). Well, this caused the opposition to storm out because that motion was supposed to be in camera (and we all know how much they’ve respected the notion that committee business be handled in camera of late), and then they came back and had their meeting, and the committee (read: Liberal majority) decided to end the study of the Double-Hyphen Affair.

This set the Conservatives off, and they warned that they would ensure that the budget was going to be delayed, mark their words, and they set up all manner of procedural trickery in which to do so. Except that the Liberals outplayed them, tabled the document just before 4 PM, right before the vote was being called that was intending to delay the budget speech, and then Bill Morneau marched out to the Foyer to start talking to all of the assembled media outlets and get his message out, while the opposition stayed in the Chamber to carry on their procedural shenanigans, to the point where they essentially held themselves hostage. When Morneau was able to give his speech, well over an hour later, the Conservatives did ensure that he was drowned out with noise so that he couldn’t be heard and that no clips were able to be captured for news media, but given how Morneau was doing the media rounds and Scheer wasn’t – indeed, after the fact, when he and his caucus marched out to the Foyer, they denounced the budget as a distraction from the Double-Hyphen Affair, and had nary a substantive comment on it. (Jagmeet Singh, incidentally, had the usual NDP talking points about how it wasn’t enough, but couldn’t really respond when pressed about specifics or implementation of their vision). So, take it for what you will, I’m not sure how well the Conservatives came across in the end yesterday, especially as Scheer walked right into Trudeau’s very obvious trap that about the Conservatives not wanting to talk about the economy.

Speaking of the budget, it was far more stimulus-heavy than I would have expected, but then again, targeting both seniors and millennials, and going some distance in doing more for skills training, though their housing affordability measures were weak sauce and will likely do nothing about the supply side of the issue (especially as they keep the focus on buying a home rather than simply having affordable housing writ large).

With that in mind:

  • The deficit will grow this year before shrinking again, but there is no path back to balance in the immediate future. (Debt-to-GDP continues to decline).
  • Here are the highlights for five key demographics.
  • Here are 23 key measures in the budget.
  • There was the start of Pharmacare, beginning with the Canadian Drug Agency to facilitate bulk buying – next steps coming with the Hoskins report.
  • Municipalities got a chunk of new funding (with shots taken at premiers who are holding up infrastructure agreements).
  • There are more funds earmarked for Indigenous services, not only with water but also child and family services.
  • The budget also outlines a plan to start targeting stock options for taxation as another way of soaking the wealthy.
  • There is a plan to start taxing cannabis products by the potency of their THC.
  • The budget has money to help veterans transition to civilian life, but doesn’t seem to have anything to deal with the disability backlog.
  • There was a big commitment on rural broadband, but implementation details remain fuzzy.
  • Here are ten things that may slip under the radar.
  • Here’s a fact-check of Morneau’s speech (but the sources could have been better selected).

In budget hot takes, Chris Selley calls it the budget of a government that is no longer selling utopia – just buying votes, whereas Alan Freeman simply calls it a “do no harm” budget. John Geddes details the spending surprises in the document, while Andrew Coyne grouses about the how there seems to be more concern over the quantity of spending over the quality of it, given there is nothing in the budget about things like productivity. Heather Scoffield takes note of the Liberals’ attempt to frame the budget as a response to anxieties – economic or otherwise – that Canadians are feeling. Kevin Carmichael cautions that there budget leaves very little wiggle room for economic downturns, given how sluggish growth already is. Paul Wells notes the sprinkling of spending throughout the document, and the big bomb for political journalists in there. There are also worthwhile threads from economist Kevin Milligan here and here.

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QP: Afraid of the economy

The the budget lock-up going on not far from the Hill, and the Conservatives looking to go into full procedural meltdown mode in response to this morning’s justice committee meeting. Andrew Scheer stood up to decry the committee meeting results, demanding to know what the prime minister was covering up. Justin Trudeau stood up and read a script saying that he took responsibility for the erosion of trust between his office and Jody Wilson-Raybould, that the committee heard testimony, that they gave an extraordinary waiver of confidence, and the decision was ultimately hers all along. Scheer disputed this in English, but Trudeau repeated his response sans-script in English. Scheer again disputed that Wilson-Raybould could not speak, and wondered why she wasn’t being allowed to “finish her story.” Trudeau insisted that he did waive the confidentiality so that she could speak fully, and called the Conservatives desperate to talk about anything other than the economy because they know it would show their plans failed. Scheer retorted that the PM was desperate to talk about anything other than this scandal, and repeated his demand. Trudeau repeated that the Conservatives didn’t want to talk about the economy because they didn’t have a plan. Scheer wondered what was so bad that the PM was trying to hide it, and Trudeau stuck to his insistence that the Conservatives were afraid to talk about the economy. Jagmeet Singh was up next for the NDP, and he read that appointing Anne McLellan was a weak response to what happened, and demanded a public inquiry. Trudeau gave a pained performance about the NDP not standing up for workers, as the government was standing up for jobs and workers. Singh switched to French to list the resignations that happened in recent weeks before repeating his derision of McLellan, and Trudeau dismissed the talk of “politics” in favour of listing the good economics gains his government made. Singh, in French, remained sceptical of the appointment, and Trudeau wondered aloud what people in Quebec would think about Singh not caring about their jobs. Singh took another shot at McLellan in English, and Trudeau listed all the steps they took in order to make matters public.

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Roundup: Procedural warfare denied (for now)

If the Conservatives were hoping for procedural tactics to try and delay the budget speech on Tuesday, well, they were outplayed by the government, who used their ability to control the timing of those Estimates votes to Wednesday instead of Monday. If you recall, the plan was for the Conservatives to force line-by-line votes on the Supplementary Estimates, so that they could delay the budget speech, which I will also remind you is a tactically stupid move, and doesn’t prove any point. And yet here we are. This having been said, I fully expect them to try some kind of dilatory tactics including a privilege motion of some variety on Tuesday in order to move the budget speech, because they’ve tried it before in the past, but once again, we’re a long way from the times that people who were good at this kind of thing were in charge.

Meanwhile, you can expect the next two days to be replete with bleating admonishing that the Liberals are going to try to use a “shock and awe” budget to drown out the Double-Hyphen Affair, as though the past five weeks of breathless reporting will evaporate in a single night. Come on.

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Roundup: Objections to the waiver

At first it seemed like today was going to be the big day. Jody Wilson-Raybould had agreed to meet the justice committee to tell “her truth.” On his way into Cabinet, Justin Trudeau said he was “pleased” that she would be able to appear at committee. The committee agreed to give her the thirty minutes she requested off the top instead of the usual five or ten for an opening statement. Some MPs wanted to try and get the hearing moved from after QP to beforehand (never mind that it’s when all of the parties hold their caucus meetings) in order to be able to ask the PM any questions that might arise from the testimony. And then, surprising probably nobody who paid attention, Wilson-Raybould sent another letter to committee, expressing her “concerns” that the Order in Council that waived solicitor-client privilege wasn’t enough for her to tell the full story.

At this point, it’s starting to feel like a game – that Wilson-Raybould’s attempt to keep controlling the narrative is running out of runway, given that Michael Wernick called her out and Justin Trudeau went and waived solicitor-client privilege (unnecessarily, if you listen to some of the legal commentary out there), and now she’s trying to sow doubt that she’s still not completely free to speak, in order to keep up the narrative that she’s the victim or the hero, distracting from her poor record as justice minister. And it’s starting to feel like the more song and dance that she keeps putting up in order to keep from speaking, the less there is to what she has to say. But maybe I’m getting cynical after a decade on the Hill.

Meanwhile, former litigator Andrew Roman takes a deeper look into the portents of doom for SNC-Lavalin if they were subject to prosecution and even a ten-year ban from federal contracts, and finds them to be less dire than advertised, which makes any alleged wrongdoing by the government to protect them all the more baffling.

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Roundup: No inquiry (for now)

Another day, and a few more incremental pieces to add to the SNC-Lavalin/Wilson-Raybould Affair. There were reports that Justin Trudeau met with Jody Wilson-Raybould about the company two weeks after the Public Prosecution Service declined to offer them a deferred prosecution agreement (but we have no details). Wilson-Raybould attended caucus, and Trudeau apologized to her for not forcefully condemning the remarks about her, or the political cartoons that portrayed her bound and gagged. (We also heard that when it came to Wilson-Raybould addressing Cabinet on Tuesday, she apparently waited outside for two hours while some ministers argued that she be allowed to be heard. So that’s curious – and pretty unprecedented). Later in the day, the Liberals voted down the NDP’s Supply Day motion to call for an independent inquiry on the whole affair – the party line being that they don’t think it’s necessary at this time with the Ethics Commissioner and justice committee processes in place – but two Liberals did break ranks to vote for it. It should be no surprise that it was Nathaniel Erskine-Smith and Wayne Long (but could We The Media quit framing these kinds of things as “cracks in party unity” or nonsense like that? That’s why parties develop iron fists). After the vote, Wilson-Raybould stood up to put on the record that she abstained because the vote was about her personally, and she didn’t want to be in perceived conflict (which immediately created cries from the opposition that the PM should also have abstained), but she said she wanted to “speak her truth” as soon as she could. So that got more tongues wagging, naturally.

Emerging from this whole issue are the metaphysics of how the federal justice minister has a separate hat as Attorney General, and how the two roles can sometimes clash, particularly when it comes to political consideration. To that end, Colby Cosh delves further into this dichotomy and why that may be part of the cause of this whole affair to begin with. There are also a couple of worthwhile threads to read on it – one from Adam Goldenberg (one-time Liberal staffer and former law clerk to then-Chief Justice Beverley McLachlin) that argues that the Act requires a political consideration for deferred prosecutions in order for political accountability, while another litigator, Asher Honickman, disputes that – but agrees that the situation has a lot of nuance.

For context, here is an exploration of the role that Gerald Butts played in Trudeau’s PMO. Here’s the updated timeline of events as we know them so far. Kady O’Malley’s Process Nerd column explores how a Commons committee could run an investigation into an affair like the current one, but notes they’re not well suited to do so, and also details where it would break down into a partisan sideshow.

In punditry, Chantal Hébert makes the salient point that Wilson-Raybould is more in charge of the current situation than the prime minister is, which is an interesting dynamic.

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