Tag Archives: Environment

Roundup: Competing leaks

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And now we’re into competing leaks. In the Globe and Mail, we got another leak from a “mysterious” source that posited that Jody Wilson-Raybould was trying to elevate Justice Glenn Joyal to the Supreme Court of Canada because she apparently felt the LGBT community wouldn’t be receptive to presumptive heir Justice Richard Wagner (now the Chief Justice) for what I assume was a trumped up reading of his not inviting LGBT groups to present at the Supreme Court in the Trinity Western case (which is pretty absurd), and because she wanted Joyal’s successor at the Court of Queen’s Bench to be a Métis judge. In other words, it was trying to burnish Wilson-Raybould’s progressive credentials in light of the prior leaks attempting to make her look more of a social conservative (as though one didn’t need to look too hard at her record to see signs of it). Because hey, why not keep up leaks that damage the perceptions around Supreme Court of Canada appointments? Way to go, team! (And before anyone gets too self-righteous, don’t forget that in 2014, Stephen Harper leaked the six names he was considering when he named Justice Marc Nadon to the bench, and putting words in the mouths of the MPs who served on the “selection” committee at the time, knowing full well that they couldn’t respond).

And then come the denials. Wilson-Raybould and PMO each denied that they were the source of any of the leaks, and Wilson-Raybould (who submitted her additional materials to the justice committee on Tuesday afternoon) said there should be an investigation into who was leaking these Supreme Court deliberations. Lisa Raitt tried to insist that it should be the Federal Judicial Affairs Commissioner who should investigate, and he quickly wrote back with a giant nope, citing that he has no mandate to do any such investigations. Which leaves us with who for an investigation? The RCMP? Yet another demand for a public inquiry? Our very own Goolding Inquiry? Won’t that be fun?

And with all of this going on, in swoops Neil Macdonald to remind us that everyone in the media gets “used” by leakers all the time, and hey, the preponderance of leaks is a sign that journalists are doing their jobs because they are competing to do the best job. There is certainly a mercenary aspect to it all, not to mention some status-seeking, but I’m not sure he’s entirely wrong.

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Roundup: More documents, more drips

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Another day, another drip in the ongoing Double-Hyphen Affair fallout. This time, it was a letter from Jody Wilson-Raybould to the chair of the Commons justice committee saying that she plans to forward new evidence to him in the form of emails and text messages – evidence which will be translated, checked over by committee members, and then made public once that’s done. But she also stipulated it was the period within the waiver, so I’m sure this will lead to another round of accusations that she’s not being allowed to tell “her full truth,” and people will believe it. Justin Trudeau, for his part, insisted yet again that he gave her the ability to give a full airing of the issue, reiterated later in a town hall meeting in Thunder Bay, where he also talked about needing to do a better job in how he manages “those conversations” with people with strong ideas in the future. Trudeau also appointed a new caucus-PMO liaison, which may go a ways to soothing caucus tensions, given that there is a lot of grumbling that part of the problem has been that he hasn’t been listening to them and their concerns – but it’s just another staffer and not him personally, inside the caucus room, so we’ll see if it helps.

In related news, the past secretary general of the OECD wrote a piece in the Financial Post to explain the whole language around “national economic interest” that so many people (many reporters included) are getting hung up on. The intent of the phrase – and he was at the OECD at the time – was to prevent countries from using the excuse that bribery was necessary to protect their export markets – and it wasn’t about protecting jobs. And hey, he’s even got context about the state of international trade in 1995 when this was an issue. Imagine if we’d had some better reporting about this history weeks ago! (Also, here’s a thread from a former OECD public sector integrity official who also gives context to the rules and why a DPA was not only a valid tool, but so is seeking outside counsel on the suitability of offering one).

Meanwhile, Chantal Hébert is coming to the conclusion that if Wilson-Raybould and Jane Philpott keep stoking the controversy without adding new facts that their target is the prime minister. Philippe Lagassé gives a more complete recounting of the issue of parliamentary privilege and what Wilson-Raybould and Philpott can avail themselves of in this situation, and the broader moral obligation of the fact that the privilege exists to hold government to account without fear of consequence, and if they feel that there were constitutional violations in the Affair, they have the choice to avail themselves of the opportunity to speak.

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QP: French and feminism

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After yesterday’s own-goal by the Conservatives, it was an open question as to whether we’d get more of the same for proto-PMQs. And just before things got underway, news broke that Liberal MP Celina Caesar-Chavannes decided to leave caucus to sit as an independent, so that got everyone salivating. Andrew Scheer led off, mini-lectern on desk, and he started off by reading how shocked and appalled Canadians were about the justice committee shutting down the Double-Hyphen Affair hearings, but rather than blast Trudeau, he asked the chair of the Ethics committee — one of his own MPs — if they would look into the matter. Bob Zimmer rose to say that he had received a request that was in order, and members were invited to submit proposed witnesses. Scheer then turned to Trudeau say that they had “just learned” the Ethics Committee would look I to the matter (which isn’t actually true – a letter does not mean there is an investigation until the whole committee votes on it, and the Liberals hold the majority on said committee), and wanted him to appear before it. Trudeau first noted International Day of the Francophonie, then stated that committees make their own decision. Scheer scoffed at that in French, demanding that key witnesses be allowed to appear, and Trudeau repeated his response in French. Scheer tried again in English, and Trudeau repeated his response in French, accusing the Conservatives of playing petty politics over things like the economy. Jagmeet Singh got up next and read a demand that all witnesses be heard before the next election. Trudeau again noted the Day of the Francophonie and reminded Singh that committees were masters of their own destiny, not the vehicles of party leaders. Singh then turned to rail about the inadequate pharmacare provisions in the budget, and Trudeau read a script about the pharmacare proposals. Singh, in French, read some condemnation of the housing provisions in the budget, and Trudeau again picked up a script to read all of the things they are doing for housing. Singh returned to English to demand more housing units, and Trudeau reiterated his points sans-script.

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QP: Bringing in Anne McLellan

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The news broke just before Question Period that Clerk of the Privy Council Michael Wernick was retiring, and before things got underway, new MPs were shown in to take their places, including Jagmeet Singh, so now the NDP questions would no longer have to wedge his name into them. When things got underway, Andrew Scheer led off by first giving the prime minister the opportunity to address the shootings in New Zealand, auto which Justin Trudeau read a statement of sorrow, and made mention of the shooting in Utrecht earlier this morning. Scheer then switched to French to start up with question on the Double-Hyphen Affair, and wondered when the prime minister would “allow” the former Attorney General to speak at committee. Trudeau responded that because of the questions raised by this incident, he has appointed Anne McLellan as a special advisor to provide recommendations to the government. After the same question again in English, Scheer then raised Wernick’s retirement, and again demanded that Wilson-Raybould be allowed to speak. Trudeau read that he took responsibility for the erosion of trust between her and Butts, and that they already granted an unprecedented waiver, but the decision around prosecutions were always hers. Scheer tried one last time, and got the same response. Jagmeet Singh was up next, and after a brief statement about New Zealand, Singh demanded a commitment to building half a million new affordable homes. Trudeau first congratulated him on his election, before reading about the things they were doing to help Canadians and hoped he could count on the NDP’s support. Singh then switched to climate change and demanded an end to carbon tax exclusions for big emitters — shoeing he doesn’t understand the system. Trudeau responded with a memorised platitude about supporting the Middle Class™ while protecting the environment. Singh switched to French to worry about the OECD warning around SNC-Lavalin, to which Trudeau recited his lines about standing up for jobs. Singh repeated the question in English, and got much the same answer. 

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Roundup: Procedural warfare denied (for now)

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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: Musings from a non-committee member

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It was another day of clutched pearls as Liberal MP Francis Drouin, who moved the motion at the stunt committee meeting on Wednesday to adjourn until the planned meeting next week, spoke to CBC about the fact that he thinks that they’ve heard enough and it’s time to move to the next phase of the committee. The problem? That Drouin isn’t actually a member of said committee, so his opinion doesn’t really matter. That he was at the committee on Wednesday is largely because his riding is not far from Ottawa, and that tends to be what happens when emergency meetings get called – most of the regular members don’t end up showing up because of travel times and commitments (or in this case, it’s the middle of March Break, and some of them have families with kids that they don’t see nearly enough). Now, if the Liberals meet on Tuesday, and put a bunch of ringers on the committee when they decide to go in camera to talk next steps for witnesses and timetables, and they decide they’ve had enough, well then, yes, we will have something to complain about. But that hasn’t happened yet, there isn’t any indication about that happening, so let’s all just calm down. Drouin is entitled to his own opinions, but he won’t be making any decisions here.

Should the justice committee opt to end the investigation, here are options that Jody Wilson-Raybould could use to “speak her truth” some more (though given how tactical her silence has been, I wouldn’t hold my breath). I also suspect that after their dire warnings yesterday, the opposition are going to start procedural shenanigans in order to try and force the government to carry on the hearings, but we’ll see how that unfolds.

In related news, it turns out that SNC-Lavalin also tried to recruit the Quebec justice minister to lobby for a DPA on their behalf. As well, a luxury condo in Toronto owned by the Gaddafi family, redecorated at SNC-Lavalin’s expense, has been sitting empty since 2009.

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Roundup: A plan to run again

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In her first media remarks since her testimony to the justice committee last week, Jody Wilson-Raybould told her local newspaper that she feels “overwhelmed and grateful” for the response from thousands of Canadians over the past week, and that she fully intends to run again for the Liberals in the fall. Mind you, people keep asking Trudeau if he’ll let her stay in caucus, and he says he’s still thinking about it, but Wilson-Raybould did secure her nomination last year. Granted, things have changed in the time since, and her riding association may feel differently about her now than they did then, which is certainly one danger from holding nominations too soon. This said, it’s a bit of a dilemma for Trudeau, who likely feels pressure from MPs who feel betrayed by her – though, as John Geddes discusses in this examination of the situation, it has been remarkably free of acrimony compared to previous examples of exits. Trudeau likely also feels the need to appear magnanimous and that there is room for dissent in the Liberal party. Of course, there was already one columnist who said over the weekend that if Trudeau lets her stay in, he appears weak – because why bother having a whip that enforces caucus discipline when you have the media to do it for you? Cripes.

Meanwhile, David Lametti says there may be contexts where it may be appropriate for a government to interfere in a criminal prosecution, but because it’s a TV interview, he didn’t explore that further, and that will likely be spun completely. It’s also being noted in Halifax that Lametti ordered a new trial for a Halifax man who was found to be falsely convicted for a murder he didn’t commit, but that Wilson-Raybould sat on the recommendation for a new trial for a year-and-a-half, whereas Lametti ordered the retrial within a month-and-a-half (and that re-trial lasted five minutes because the Crown had no evidence to offer).

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Roundup: In the testimony’s aftermath

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Yesterday was the day for performative outrage, as the Conservatives demanded – and got – an “emergency debate” on their call for Justin Trudeau to resign. Of course, given the reality of how our parliament works these days, “debate” is a term to be used very loosely, and it was more like several late-night hours of stilted speeches being read to one another for the sake of looking tough. Woo. On the committee front, Gerald Butts offered to testify on his own behalf, which was accepted, and both Michael Wernick and the deputy minister of justice are on their way back for another round, though none of the other staffers mentioned by Wilson-Raybould are (though that is also because they shouldn’t appear before committee, under the doctrine of ministerial responsibility – it’s for ministers and deputy ministers as accountability officers to appear as they are responsible for them). Ministers of the Crown were also doing the media rounds, including Bill Morneau and Chrystia Freeland, and most of them were offering variations of the line that while they thought that Jody Wilson-Raybould was telling the truth as she saw it, they also believe the PM in that he would never be inappropriate or cross a line, which made most of the pundit class’ heads implode – never mind that the crux of this whole matter is that it’s a subjective test as to what kind of pressure is or is not appropriate. (On a related note, the Liberals really, really need to put Carla Qualtrough out more. She is easily one of the best communicators that they have in Cabinet, but she never gets out there enough on items other than Phoenix, which is too bad because they desperately need someone with her communications skills out in public). And we’ll see how this continues to play out in the caucus as well, given that the usual suspects are not remaining so silent, and the not-so-usual suspects have openly stated things like “sour grapes” (before being made to apologise).

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For context, here is a comparison between what Wilson-Raybould said, and what Michael Wernick testified before the committee. Here’s a look at whether the Ethics Commissioner really can get to the bottom of this whole mess. Here’s the who’s who of everyone Wilson-Raybould named in her testimony. Here’s a roundup of how the Quebec press is treating Wilson-Raybould’s testimony.

In punditry, Susan Delacourt looks at how nervous the Liberal caucus seems by this whole affair, and what that disaffection may be doing to the party in the longer term. Robert Hiltz suggests that Trudeau take a long, hard look at himself and his government, given what this situation has revealed about them. Chris Selley points out that the Liberal treatment of not being Stephen Harper as a virtue is going to be something that ends up costing them.

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QP: But why won’t you waive all confidences?

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In advance of the much-anticipated testimony from Jody Wilson-Raybould at committee, MPs were gathered for proto-PMQs. Andrew Scheer led off in French, reading that the prime minister is still dictating what Wilson-Raybould is able to say. Trudeau stood up, with a script, and he disputed that by insisting that they waived confidences and privilege so that she can give a full airing. Scheer switched to English to repeat the accusation, and Trudeau put down the script to repeat his points, calling that waiver unprecedented because Canadians need to hear different perspectives on the matter. Scheer insisted that the fine print shows that something happened, and Trudeau repeated that they waived any confidences or privileges that would constrain her. Scheer tried yet again to insist that there was still something being hidden, and Trudeau responded with a soliloquy about how seriously they take the rule of law and our institutions. Scheer demanded to know why he wouldn’t waive any remaining privilege, and Trudeau reminded him that there is a specific issue at play. Guy Caron was up next, and in French, he repeated the same concern that Wilson-Raybould was still being muzzled, and Trudeau responded that they had confidence in the processes underway, which was why they waived those confidences. Caron insisted that they were only going to get half of the story, and Trudeau gave one of his disappointed replies about how he understands that the opposition has a job to do but that they are playing politics. Charlie Angus was up next to give the sanctimonious English version of the question, and Trudeau repeated that they waived confidentiality in order to let her speak. Angus demanded Trudeau appear before committee to testify, and Trudeau decried his desperate partisan approach, citing his language in describing how Cabinet government works.

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Roundup: Objections to the waiver

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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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