Tag Archives: Canadian Forces

Roundup: Flippant suggestions stepping on the message – again

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There weren’t any official new developments in the SNC-Lavalin/Wilson-Raybould controversy yesterday, but we did get a few more drips of information, like how prime minister Justin Trudeau had a one-way teleconference call with the caucus in the wake of Jody Wilson-Raybould’s departure, with the main message being that he still wished her well and didn’t want her booted from caucus. Not helpful was justice committee chair Anthony Housefather who somewhat flippantly suggested that perhaps Wilson-Raybould was replaced because she didn’t speak French at a time when a great many legal issues are coming up in Quebec – only to apologise later and clarify that he said it in relation to the baseless speculation that is rampant, not because it was a serious suggestion (except he did repeat it in a couple of different interviews, but I’m sure it sounded good in his head at the time). Because this party never ceases to stop stepping all over its own message, and can’t communicate their way out of a wet paper bag. Every. Single. Time.

In the absence of any new developments in the story was looking at where various Liberals are starting to align themselves in relation to Wilson-Raybould’s current status, but that hasn’t stopped the anonymous Liberals from trying to give takes about “crossed wires” and “revisionist feelings” with benefit of the doubt going to Trudeau – or not, in other cases. Northwest Territories MP Michael McLeod points out that Wilson-Raybould’s departure means there is no longer Indigenous representation in Cabinet (expect this to be a factor in the upcoming shuffle). New Brunswick Liberal MP Wayne Long continues to break ranks and say he wants more answers, and good for him for doing his job as a backbencher properly. Oh, and PMO now apparently condemns the smack talk of other anonymous Liberals besmirching Wilson-Raybould’s record following complaints from Indigenous groups that said it was sexist and racist. Elsewhere, a number of Indigenous senators published a letter of support for Wilson-Raybould but also noted that this shouldn’t derail reconciliation, which is more than the work of one minister. (Senator Brazeau was not among them and is trying to make more hay of this).

In related matters, here’s a look at how the way in which the Ethics Commissioner undertook his examination (note that he didn’t investigation) of the matter could mean that he can end it at any point without a public report, and it’s not clear that he really has the scope to undertake such an investigation to begin with. The premier of Quebec is calling for SNC-Lavalin to get that deferred prosecution agreement, surprising no one. Here’s a look at SNC-Lavalin’s history of lobbying on the issue, and why Quebec sees the company as an asset in spite of their poor history.

Meanwhile, Susan Delacourt thinks there are lessons from #MeToo that Trudeau should be drawing from in handling this whole mess, particularly as silence remains on half of the tale. Jen Gerson thinks that it’s time to stop treating SNC-Lavalin with kid gloves, and that their demise may actually benefit a number of other companies who don’t have a history of corruption.

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Roundup: A hard Wilson-Raybould exit

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The day got off to a quiet start, with news of an emergency Cabinet meeting (via teleconference), followed by the news that Jody Wilson-Raybould had resigned from Cabinet (but not caucus), and retained a former Supreme Court of Canada justice as a lawyer to figure out what she’s able to say. Trudeau’s office later said that she informed him last night, and that Harjit Sajjan would be temporarily taking over the Veterans Affairs file until someone new can be put into the position. And people noticed that Trudeau didn’t thank Wilson-Raybould for her contributions after the fact either.

When he did face the media later in the day, Trudeau said that he was surprised and disappointed by Wilson-Raybould’s decision, and that he couldn’t understand why she made it. But as is his usual way of doing things, it was all a bit rehearsed, because he repeated those words almost verbatim in response to reporters’ questions. But he also said that if Wilson-Raybould felt like rules weren’t being followed that she should have come to him, and she didn’t. He did also say that he’s trying to figure out the options around what they can say under solicitor-client privilege because they don’t want to have unintended consequences for the two other ongoing court cases related to the SNC-Lavalin matter, which is fair and valid, but he’s already given flat denials about what was reported in the Globe and Mail initially. (Here is a more in-depth explanation of the restrictions she is under when it comes to Cabinet confidence and solicitor-client privilege, neither of which have a time-limit).

The next battleground is going to be the justice committee, which meets today, and the question is how the Liberals are going to decide to go. Trudeau is publicly saying he’s not directing them because that would be against their parliamentary role (and I will say it was mighty galling for Candice Bergen to go on TV yesterday to say that the Liberals direct what happens at committees when they are far more hands-off than the Conservatives ever were, given that they had ministers’ staff directing their committee members when they were in government). The chair, Anthony Housefather, says that he is leaning toward hearing from witnesses on the issue, but he is more likely to do so under an amended motion rather than the one the Conservatives and NDP tabled (in part because of the suggested witness list), not to mention the fact that he’s wary of the whole exercise turning into a partisan gong show rather than a non-partisan way to get some answers. But with this in mind, the Conservatives are doing everything they can to make this a partisan exercise, from Andrew Scheer tweeting out the phone numbers and email addresses of the Liberals on the committee so that people can “demand” they agree to their motion, and the fact that they are putting Pierre Poilievre on the committee as one of their “replacement” members, because “logistics” with the snow storm. It would almost sound to me like they want to do as much as they possibly can to annoy the Liberals and to turn them off from holding any kind of hearings so that the Conservatives can claim they’re participating in a cover-up. Because they would never engage in that kind of concern trolling. (Note that Scheer has also demanded that they “preserve all records” on this, because he is also pushing the narrative that the same Liberals from Queen’s Park who destroyed the gas plant files are now in Ottawa).

As for Wilson-Raybould’s departure, some of the reporting is getting a bit cringe-worthy, particularly how they keep reaching out to her father for comment. I can think of no other ministerial demotion or resignation that sought comment from their parents, for what it’s worth. As well, the fact that the reaction from Indigenous leaders as this being some kind of betrayal also leaves me a bit unsettled because it was no secret that things were not being well managed in Wilson-Raybould’s office in Justice, and the narrative seems to reinforce the notion that it’s not the quality of the job being done, only the symbolism of the person holding the office. That particular lens on what has taken place over the past few days seems to be absent, while Wilson-Raybould is tactical in her silence. Meanwhile, some Cabinet and caucus colleagues are tweeting support for Wilson-Raybould, while others try very much to walk the line.

It’s worth adding that SNC-Lavalin is in the midst of yet another criminal investigation in Quebec regarding their bid for the Cartier Bridge. This while every newspaper in Montreal is running columns wondering why the opposition wants the federal government to let SNC-Lavalin fail – something that will have impacts come the election.

https://twitter.com/InklessPW/status/1095350523933278208

Meanwhile, Anne Kinston parses Wilson-Raybould’s resignation letter, while Susan Delacourt notes the weight of the silence on what has taken place – and offers us some new information about the shuffle and the discussions with Wilson-Raybould that took place at the time. Paul Wells looks at all of the behind-the-scenes work done by SNC-Lavalin through the past few years, and the way in which they attempt to exert influence in Ottawa, and shows that this seems to be the underlying way things work in Ottawa amidst the government’s talk of a new way of doing things.

https://twitter.com/InklessPW/status/1095517895205871617

https://twitter.com/InklessPW/status/1095519163601154048

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Roundup: Independence and intense discussions

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As we’re still discussing the SNC-Lavalin/Jody Wilson-Raybould issue, we’ll start off with an interview with the Director of Public Prosecutions on her independence from political pressure, and why she opted not to enter into a deferred prosecution agreement with SNC-Lavalin, as well as why their quest for judicial review is foolhardy. Elsewhere, “senior officials” say that intense discussions with Wilson-Raybould on the SNC-Lavalin issue did take place, but that there’s nothing wrong with that. David Lametti took to television to say that he doesn’t see any evidence to warrant the justice committee’s investigation, but it’s up to them to decide. It also sounds like the Liberals on the justice committee are going to turn down the motion to launch an investigation, so expect more howling about this over the week to come.

While we wait for the committee, Andrew Scheer has written to the PM to demand that he waive solicitor-client privilege with Wilson-Raybould, under the ham-handed threat that failure to do so means that he has something to hide. Scheer, it has also been noted, also met with SNC-Lavalin lobbyists on their criminal charge issues and deferred prosecution agreements, but Scheer won’t say what his positions on them are.

Amidst this, there are a few more anonymous Liberal voices grousing about Wilson-Raybould in the media now, saying that she was more about herself than the team, and that she only ever showed up to Indigenous caucus once.

https://twitter.com/robert_hiltz/status/1094736733609095168

https://twitter.com/robert_hiltz/status/1094738844275097600

https://twitter.com/robert_hiltz/status/1094750943793442816

Meanwhile, University of Ottawa law professor Craig Forcese walks through the public law principles at stake, and the fact that we don’t really know just what is being implied because the terms used interchangeably in the original Globe story all mean different things, which makes the nuance of this situation inherently tricky. Keeping Forcese’s analysis in mind, Susan Delacourt hears from her “senior officials” that the PM still has confidence in Wilson-Raybould and that he plans to meet with her before the next Cabinet meeting, and they continue to dispute the account in the Globe and Mail, citing that if they had attempted undue influence that she would have resigned out of principle, and she did not.

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Roundup: An untenable position?

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So, the SNC-Lavalin/Jody Wilson-Raybould drama didn’t stop, and throughout the day, we saw Wilson-Raybould release another statement that simply said that she wouldn’t answer any questions because of solicitor-client privilege (which had legal Twitter debating what exactly that means), and the PMO putting out a statement that she was the one who approached the PMO about SNC-Lavalin, and that Gerald Butts told her to talk to the Clerk of the Privy Council. (Here’s a good background primer in case you’re late to the news).

For the opposition reaction, Andrew Scheer demanded that the Commons justice committee look into the situation (and they will apparently meet to determine this next week, which isn’t a sitting week), while the NDP called on the Ethics Commissioner to open an investigation (and I’m not sure this would be in his purview, but who knows – it’s possibly that Mario Dion will read is mandate so broadly as to insert himself, just like Mary Dawson read her mandate so narrowly so as to exclude herself on most occasions). This said, I have my doubts about what the justice committee could reasonably do, because it will devolve into a complete partisan circus, as it so often has. Of course.

Because they are the centre of attention in all of this, here’s a bit about SNC-Lavalin – that they’re the “jewel of Quebec” apparently, and there’s a lot of political pressure to protect them from their past misdeeds. And as Paul Wells explains, they have been hard at work on cleaning up their image – and their operations – because these misdeeds are going to cost them dearly if they don’t get some kind of deferred prosecution agreement. And none of this lobbying to get such an agreement was underhanded either – it was all out in public, with YouTube and newspaper campaigns. And lo, late Friday afternoon, it appears that they may have been able to strike some kind of deal with the Director of Public Prosecutions (and no doubt this will be seen as a case of suspicious timing, and the Liberals will step on their own lines over this. Again).

And then there’s Wilson-Raybould, and trail of breadcrumbs she has been leaving with her very convenient silence (all of which has only served to burnish her image now that people are suddenly calling her a hero that stood up to the PMO, and the very real issues about why she was shuffled out of that portfolio are set aside). Amidst it, her father has been inserted into the media narrative, which makes this all the more odd. But in the meantime, here’s some legal analysis of the solicitor-client privilege issue, and what constitutes direction – including the very real notion that if she had been unduly pressured that the proper thing to do would be to resign in protest. That is going to become a tough question for her in the days ahead, as is the question about whether or not she is in an untenable position now, given the suggestion that she brought up the issue in some capacity (though we still don’t know in what capacity that discussion was had), not to mention the tensions in Cabinet around this whole incident – though she also knows that Trudeau can’t summarily dismiss her without risking even worse optics. It’s a real quagmire.

https://twitter.com/EmmMacfarlane/status/1093950651694964738

Meanwhile, Chantal Hébert says we need some kind of explanation from Wilson-Raybould, which includes why she didn’t resign in protest if she was indeed improperly pressured, while Andrew Coyne says this scenario could determine whether or not this government believes in the rule of law after all. Martin Patriquin notes that while none of this appears to rise to the level of the Sponsorship scandal, it nevertheless starts trading on old stereotypes in Quebec, which could be poison for the Liberals.

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Roundup: Playing into Ford’s framing

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While Ontario Premier Doug Ford doubles down on his assertion that a carbon tax will drive the economy into recession, in the face of all evidence to the contrary. And it’s not just Ford’s doubling down on this assertion – the Saskatchewan government is also insisting that the report it commissioned on the effect of carbon taxes is correct, despite the fact that the other experts who’ve looked it over say that the report vastly overestimates the effect by orders of magnitude. But as with Ford (and Andrew Scheer), it’s not about truth – it’s about taking any crumb of data that they think will fit with their narrative and blowing it so far out of proportion that it becomes an outright lie.

https://twitter.com/MikePMoffatt/status/1087768772436463617

But beyond that, the way in which this issue is being framed in the media should be questioned – something economist Mike Moffatt did over the Twitter Machine yesterday.

https://twitter.com/MikePMoffatt/status/1087670357757227009

https://twitter.com/MikePMoffatt/status/1087673953819287552

And he’s got a point – the CBC’s own story to debunk Ford’s claims is headlined “Economists cool to Doug Ford’s warning of ‘carbon tax recession’,” which again frames this as Ford versus economists – something that plays directly into Ford’s hands because he can turn around and claim that this is just the out-of-touch elites in their ivory towers and not “real folks,” a populist construction that is again built on a foundation of lies. And yet we in the media can’t seem to help ourselves because we don’t want to be seen as being biased, even when we are subjected to bald-faced lies, and again, we need to look like we’re being fair to the liars who are lying to our faces, which they take full advantage of. We’re hurting ourselves, but we can’t seem to help ourselves.

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Roundup: Recession fear-mongering

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At an event at the Economic Club of Canada yesterday, Ontario premier Doug Ford asserted that the federal carbon price backstop – which will affect Ontario – will plunge the country into recession. That Ford wasn’t laughed out of the room is a bit more than curious, because that kind of assertion is beyond ridiculous. BC has had a carbon tax for ten years, and not only is not in recession, but is leading the country in economic growth. Quebec has a carbon price using cap-and-trade, and is also doing quite well in terms of its own economic growth. Alberta’s carbon tax didn’t cripple its economy either, and what fiscal troubles it has are related largely to the low world price of oil that stems from a global supply glut, the temporary price differential issue having pretty much been resolved before the production cut even went into effect, now that the American refineries are back in operation. “Oh, but there’s a report that says it’ll slow the economy!” Ford says – except that report says it’ll be about by 0.02 percent at a time when the economy is growing by two percent.

Ford’s environment minister later took to TV to try and falsely insist that the federal Parliamentary Budget Officer projected a hit to the economy from a carbon tax (he actually said that it would only have an impact if revenues weren’t recycled in an efficient manner), and that BC’s carbon tax didn’t stop its emissions from growing (also false, because the emissions are far lower than they would have been without the price, while their economy continued to grow). So Ford is relying on lies to feed his false narrative that is trying to get the population angry so that they’ll vote out Trudeau. And what was Catherine McKenna’s response? Her same line about Conservatives wanting to make pollution free, and that they have no plan for the environment. So, the lies stand on the official record. Slow clap, everyone.

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Roundup: An unexpected shuffle

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Yesterday’s Cabinet shuffle came with a few surprises, but the biggest was probably the decision to move Jody Wilson-Raybould from justice to veterans’ affairs – a move which can only be interpreted as a demotion, despite both prime minister Justin Trudeau and Wilson-Raybould making the argument that it was insulting to veterans to think of them as a lesser consideration. Added to that, Wilson-Raybould got defensive and put out a lengthy press release that said she wouldn’t discuss why she was moved, as that’s the prerogative of the prime minister (true), but then went on to laud all of her accomplishments as justice minister (which she bizarrely abbreviated as MOJAG – Minister of Justice and Attorney General, the first time I can recall such an abbreviation being used). The problem, of course, is that there was a lot of talk about how things were not going well in her office. I personally heard from a number of people in the legal community about their concerns about the managerial competence within Wilson-Raybould’s office, particularly around staffing key positions such as the Judicial Affairs Advisor – necessary for the appointment of judges, and a post that was left vacant for months at a time, as the number of vacancies began increasing, and still have a significant backlog in place. There was also a lot of staffing churn within her office, which should be a warning sign that not all is well. And more reports came out yesterday that there had been some tensions around the Cabinet table when it came to Wilson-Raybould, so the fact that she penned a defensive release probably speaks volumes.

As for the other ministerial changes, David Lametti (my Canadian Lawyer profile here) replaced Wilson-Raybould, who replaces Seamus O’Regan at veterans’ affairs, O’Regan moving to Indigenous services to replace Jane Philpott, who in turn replaced the departing Scott Brison. Trudeau added a new portfolio to the mix – rural economic development, under new minister Bernadette Jordan, who is now the Nova Scotian in Cabinet. That portfolio is another one without a ministry, and it looks like it’ll be housed within Innovation, Science and Economic Development, where all of the other regional development ministries are housed, but as with a growing number of portfolios under this government, it’s another minister without a line department of her own, which I find a bit concerning.

Meanwhile, there are so many hot takes on the shuffle, starting with Chantal Hébert, who says the few changes mean it’s steady-as-she-goes for Trudeau before the election. Likewise, Kady O’Malley’s Process Nerd column says these changes highlight that there is little room for experimentation, this late in the current parliament. Mercedes Stephenson echoes the sentiment, with some added details on O’Regan’s time on the veterans file. Paul Wells brings the shade when it comes to the performance of this government, and the inability for any particular minister to make any meaningful changes in the face of bottlenecks of authority in the PMO, and a government too afraid to make any changes so close to an election. Mike Moffatt delivers a thread on the challenges of rural economic development, and why the portfolio might be a good idea after all.

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Roundup: A subdued oil price shock

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The Bank of Canada decided to hold on raising interest rates yesterday, but there were some very interesting things in the accompanying Monetary Policy Report that haven’t been widely reported on, and much of that was the whole section in the report on the state of the oil industry in Canada. (It’s pages 9 and 10 of the report – PDF here). Essentially, for all of the talk about economic doom for the current state of oil prices and the price differential, this current price shock is affecting the Canadian economy at a quarter of what it did in the 2014-2016 price shock, and there are a couple of reasons for that. One of them is that the oil sector is no longer as big of a part of the Canadian economy as it was then – it’s currently worth 3.5 percent of our GDP, while it was six percent just a few years ago. That’s fairly significant. As well, after the previous price shock, most energy firms are better equipped to handle the low-price environment thanks to innovation, improved efficiency and the fact that they already cut overhead costs. Add to that, our low dollar is providing a buffer effect because it supports non-energy exports and employment. In other words, while it’s softened the economy a little over the past quarter and the current one, this is projected to be shrugged off as the rest of the economy continues to pick up steam, and we’re likely to continue growing at a greater pace, because the rest of the economy continues to be running close to capacity. Even some of the areas of potential slack that have been identified, such as lower-than-expected wage growth, are mostly because the situation in Alberta is dragging down the national average. So perhaps it’s not all doom after all.

One other particular note from the morning was that Bank of Canada Governor Stephen Poloz made a couple of remarks around his hometown of Oshawa, and how it’s managed to weather previous plant closures and how its resilience means it will likely weather the pending closure of the GM plant as well as it did previously.

Meanwhile, Kevin Carmichael walks us through the morning’s decision, and some of the reaction to it.

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Roundup: Bernier goes full tinfoil hat

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Maxime Bernier appears to be going full tinfoil hat, with a Twitter thread about a supposed move to create some kind of UN parliament that will erase borders, and that Canada will be absorbed into, and I can’t even. I literally cannot.

https://twitter.com/StephanieCarvin/status/1082829073922093057

As Carvin points out, this is a campaign that is orchestrated by Neo-Nazi sympathizers in Europe, and it’s the very same thing that Andrew Scheer was also have been touting this very same conspiracy theory as part of their attempt to push back against the UN global compact on migration. But then again, Scheer and company also gave succour to racists in order to try and paint Trudeau as some kind of bully, so it shouldn’t be a surprise, and they’re being wilfully blind and deaf to the white nationalists and xenophobes that are infiltrating the “yellow vest” protests that they like to promote, so there’s that.

https://twitter.com/StephanieCarvin/status/1082252207234473985

Meanwhile, Bernier has tapped an anti-abortion, anti-trans “Christian pundit” as his party’s candidate in Burnaby South. And he’s being accused of running a campaign in that riding that is trying to depict Jagmeet Singh’s efforts as being one that is running only for the Indo-Canadian community, so, you know, the xenophobia tuba instead of the dogwhistle.

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Roundup: Dishonest blame-laying

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As this so-called convoy of “yellow vest” protesters moves eastward toward Ottawa, many of them demanding magic wands to expedite pipeline approvals that won’t actually happen (seriously, trying to fast track and cut corners is what got approvals thrown out in the courts before), I find it exceedingly curious – and a bit alarming – that Jason Kenney refuses to denounce some of the elements that have attached themselves to these “yellow vests,” most especially white nationalists and racists who are trying to use these rallies to agitate against immigration and asylum seekers. Kenney simply waves them off as a “handful” of people with “kooky ideas,” while he takes the intellectually dishonest route of blaming Justin Trudeau and Rachel Notley for Alberta’s oil sector woes, never mind the global supply glut, the shale revolution, and market inertia, or the fact that capacity only became an issue in recent months when production increased – or the fact that when he was in federal cabinet, pipeline projects weren’t making any faster progress either.

Trudeau and Notley didn’t create the problems of consultations on Northern Gateway. They didn’t create the market condition problems for Energy East. They didn’t create the American regulatory issues around Keystone XL. Trudeau bears some responsibility for the consultation issues around the Trans Mountain expansion, but that also has to do with institutional inertia and how bureaucratic Ottawa and the NEB in Calgary thought of Section 35 consultations in spite of successive Supreme Court of Canada rulings. These are broad and, in some cases, intractable problems for which easy solutions don’t exist, no matter what Kenney or Andrew Scheer say. Putting the bulk of the blame on Trudeau and Notley is completely and utterly dishonest, and Kenney knows it. But why does truth matter when you’re trying to stoke anger to win points?

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