Tag Archives: First Nations

Roundup: Predictable committee stunts

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As expected, the justice committee meeting yesterday was short and went nowhere, as the Liberals on the committee (most of whom are not regular members of said committee) voted to respect the original schedule, which is to consider next steps on Tuesday, like the plan was all along. And predictably, there was much performative outrage and the pundit class all shook their fists in outrage that the Liberals would dare to shut down the inquiry (which they didn’t), and lo, why doesn’t the PMO get it right on this whole sordid affair, woe is us, woe is us. If you need any clues that this “emergency meeting” was anything other than a stunt, let’s consider the fact that despite the fact that the committee was going to deal with next steps when Parliament returned next week, they nevertheless demanded said “emergency meeting” in the middle of March Break to denote how seriousthey were about it. (Meanwhile, if any of these MPs complain about how hard parliamentary life is on their families and children, we need only remind them that they pulled stunts like this). But when most of the actual committee members are unavailable, it’s not exactly like the bodies they’re filling the seats with are in a position to do the work of the regular members of the committee for them and to evaluate what they’ve heard. Oh, and putting Pierre Poilievre in the lead seat for the Conservatives is a flashing red light with accompanying klaxon that this is a stunt. The opposition also wanted this debate on inviting Jody Wilson-Raybould back to be in public, despite the fact that committee deliberations on witnesses and timetables happen behind closed doors for a reason. I cannot stress this enough. This kind of meeting to demand a vote in public is showmanship designed for the cameras. The feigned outrage and unctuous sanctimony when the Liberals voted the way everyone expected them to is also indicative that this was entirely a stunt. And We The Media bought it all, and nobody I saw bothered to challenge them on any part of it. Well done us.

Now, the Liberals have a choice next week, and if they don’t invite Wilson-Raybould back, it’ll be a black eye for them, deservedly. I suspect they know this. As for Wilson-Raybould, I’m not sure that anyone believes she can’t speak to her resignation, because it has nothing to do with solicitor-client privilege, Michael Wernick stated that none of this was discussed at Cabinet (hence essentially waiving any Cabinet confidence on the matter), and Gerald Butts has also spoken about this time period. If she insists she can’t, the credibility of that assertion needs to be questioned. But until the Liberals on the justice committee actually vote to shut it down and write their report, can we hold off on the pearl-clutching until then? Otherwise, we’re playing into stunts.

Speaking of predictable pundit outrage, here’s Andrew Coyne decrying that prime ministers can get away with anything in this country. Well, except for the resignations, the committee study, the Ethics Commissioner investigation, strongly worded letter from the OECD and intense media scrutiny. As for his shaking his fist at “our system,” I don’t exactly see the system south of the border any better at dealing with the blatant corruption of their president, so…yay?

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Roundup: The Republic of the Northwest wank-off

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With an election soon to be called in Alberta, we’re going to start seeing all manner of ludicrous stories related to it, and lo, Maclean’s brings us an imagining of the future history of the “Republic of the Northwest,” which is apparently what a would become of a future Alberta-Saskatchewan-Manitoba-parts-of-BC-and-the-North seccession from Canada. The piece should have instead come with a mature content warning, as it’s basically the two authors jerking one another off to the masturbatory fantasy of a “more prosperous, freer, and more patriotic” future that is never going to be. Why? Because they simply glossed over all of the hard things that such a future would entail, the biggest and most obvious obstacle being the fate of the Indigenous populations. Sure, all of their environmental concerns are just “Laurentian Canadian” bureaucratic meddling. Apparently once Ottawa was out of the way, this new Republic (and curious that such a “patriotic” imagined country would not retain the Crown, if this is supposed to be some kind of small-c conservative fantasy that doesn’t involve being immediately swallowed up by the US), all kinds of pipelines could get built in mere months, with no obstacles whatsoever! Sure, the tidewater is all in Northern BC because the southern coast wouldn’t separate with them, but that won’t affect things! There weren’t any domestic environmentalists in this new country – they were apparently either all figments of Ottawa that were rained upon them, or they were all subject to mass arrest in this “freer” country. There were no Indigenous protests. There were no concerns about actual economic viability of these pipelines with relation to future capacity, or the fact that there is an ongoing global supply glut of oil and dumping more Alberta crude into the world economy wouldn’t be subject to yet more price declines because of basic laws of supply and demand. Nope – it’s all just freedom and prosperity!

And that’s not even to talk about how much they glossed over in terms of what separation would actually mean for the country, from fiscal arrangements, armed forces (do you think they’d just let them take half of the fighter fleet and a chunk of the Navy for their strip of Northern BC Coast line?), and again, the reality of treaties with Indigenous peoples with the Crown of Canada. Honest to Hermes, my eyes could not stop rolling the entirety of this piece. And the worst part is that there is a cohort of Albertans who think this is a plausible vision of the future. They all need to give their heads a shake, and the pair who wrote this piece need to wake up to reality.

On a related note, Jen Gerson digs into the looming problem of Alberta not really preparing for a future with a decreased oil demand, as they prefer instead to keep waiting on the next oil boom. (As the bumper sticker says, “Please God, give us another boom, and I promise not to piss it away this time.”) Yes, the province’s economy has diversified somewhat, but it’s still very dependent on oil revenues. That said, the Bank of Canada did note that the share of GDP that the oil sector is responsible for has diminished a fair amount since the 2015 oil shock, and it’s now less than IT services. The big problem the province is going to have is what to do with all of its under-educated young men, who either quit school or barely got their high school diploma while counting on lucrative oil sector employment. Those days are dwindling, and there will need to be plans to help them transition, sooner than later.

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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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QP: She can speak at committee

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Monday, another day in the interminable SNC-Lavalin/Wilson-Raybould Affair, and both Justin Trudeau and Andrew Scheer were present. Scheer led off, mini-lectern on desk, and in French, he read a particularly torqued version of Michael Wernick’s testimony last week. Trudeau stood up and rattled off his talking points about standing up for jobs while respecting the independence of the judiciary. Scheer was not impressed, and wanted to know what Trudeau ordered Wernick to tell Wilson-Raybould when he called her up, and go the same answer. Scheer switched to English, and he repeated his first question, but added the descriptors of “sleazy” to the affair, and Trudeau repeated the talking point in English. Scheer insisted that interfering in a criminal case is wrong, and demanded to know why he kept applying pressure. Trudeau picked up a script to say that Scheer didn’t know what he was talking about, and read about the Justice Department’s reasons to grant a deferred prosecution agreements. Scheer decried the sustained pressure to let Trudeau’s “well-connected friends off the hook,” to which Trudeau said that Wilson-Raybould could address the relevant matter at committee while the two cases were ongoing. Murray Rankin was up to lead for the NDP, wondering if the PM would let Wilson-Raybould speak, and Trudeau repeated his answer. Rankin laid out the timeline of events, and Trudeau repeated that it was never his call to make. Ruth Ellen Brosseau read Rankin’s first question over again in French, and Trudeau repeated his assurance that Wilson-Raybould would be able to speak. Brosseau read that the Liberals were just helping their friends, and Trudeau repeated the backgrounder on DPAs.

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Roundup: Wernick calls out Wilson-Raybould

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Thursday in the SNC-Lavalin/Wilson-Raybould Affair was much more explosive, on a couple of fronts. First, the Globe and Mail reported that Jody Wilson-Raybould told Cabinet that she was improperly pressured, which raises some real questions as to who the Globe source is, and also raises the question as to why Wilson-Raybould didn’t resign in protest at the time. (It also said that SNC-Lavalin is threatening to relocate their headquarters to the UK, which would be the first company looking to move there in the midst of Brexit chaos). And then, after a forgettable appearance by David Lametti at the Commons justice committee, where he could not guarantee that the solicitor-client privilege issue would be solved by the time Wilson-Raybould appears at committee, Clerk of the Privy Council Michael Wernick let blew up the media cycle, not only with his very frank introductory comments, but also his belief that not only did any improper pressure not happen (going so far as to call the original Globe story false and “defamatory”), but that none of this should be covered by Solicitor-Client privilege because it was not discussed in Cabinet, and no legal advice was given. (Full text here).

Wernick’s comments were praised by some, criticised by others – particularly the Conservatives – with a lot of concern trolling going on about the perception that they were partisan (despite the fact that Wernick praised both the Harper government’s work as well as Trudeau’s). As John Geddes points out, the testimony also gave a glimpse as to how he interacts with power in this city, going so far as to leave an NAC gala to avoid being near SNC-Lavalin executives.

In related news, it looks like Wilson-Raybould didn’t renew her law licence in BC in 2016, which could mean that she’s not a practicing lawyer, which might also invalidate her claim to solicitor-client privilege. The Canadian Press’ Baloney Meter™ also tests Trudeau’s assertion that waiving solicitor-client privilege may impact the other two ongoing court cases involving SNC-Lavalin.

In pundit reaction, Susan Delacourt lays out how Wernick’s testimony is a direct challenge to the version of events that the Globe and Wilson-Raybould’s silence has allowed to develop, which puts pressure on Wilson-Raybould to confirm or deny his testimony. Jen Gerson doesn’t see Butts’ resignation as solving any of the Liberals’ problems. Robert Hiltz says that more than anything, this whole affair puts a lie to the government’s promise of being “real change” in doing politics.

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Roundup: No inquiry (for now)

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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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QP: Scheer on repeat

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Wednesday, caucus day, and still no real answers as to what actually happened in the SNC-Lavalin/Wilson-Raybould Affair. Andrew Scheer led off in French, asking about today’s Globe and Mail report that Trudeau had a meeting with Jody Wilson-Raybould about the SNC-Lavalin file after the Public Prosecution Service opted not to go for a remediation. Trudeau stood up to talk about standing up for jobs and all good things, but didn’t really answer. In English, Scheer wanted to know who asked for the meeting, but Trudeau deflected, saying there are processes underway,  but they stood up for good jobs while respecting judicial independence. Scheer asked again, and this time Trudeau invoked Cabinet confidentiality, but Canadians could rest assured they were acting in the best interests of Canada. Scheer wanted to know if he was aware of the Public Prosecution Service’s decision when he had the meeting, but this time Trudeau reminded him that there are ongoing court cases that he couldn’t answer about. Scheer tried again, and Trudeau noted the thousands of jobs at stake while they were standing up for the independence of the judicial system and the processes that keep the county safe. Guy Caron got up next for the NDP, and in French, he too tried to put SNC-Lavalin lobbying on a timeline regarding that meeting, and Trudeau repeated that they defend jobs while respecting the system, and he read a quote from the Director of Public Prosecutions in order to back up his case. Caron demanded to hear from Wilson-Raybould, and Trudeau re-read the quote that the Attorney General exercises their powers apart from partisan considerations. Charlie Angus reiterated the question, with added melodrama and sanctimony, and Trudeau repeated the same answer and the English version of the quote. Angus wondered if Trudeau would testify before the justice committee, and Trudeau noted their independence, before praising Gerald Butts’ contributions.

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QP: On Butts and Wilson-Raybould

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The first day back after a week of bombshells and self-inflicted wounds, the House of Commons was buzzing for the show that was about to begin. Andrew Scheer led off, mini-lectern on desk, and he led off in French about Gerald Butts’ resignation, saying it was about the “bribery and corruption scandal,” and wondered why the resignation was accepted if nothing happened. Trudeau gave praise for Butts, and that his respect for the office was why he resigned. Scheer asked again in English, and Trudeau repeated his same point extemporaneously. Scheer tried again, and this Trudeau praised the institutions of Parliament including the independence of committee members, which resulted in a number of jeers. Scheer insisted that he allow Wilson-Raybould to speak (never mind that she’s the one who won’t speak, not that Trudeau hasn’t said that she can’t), and Trudeau noted the values of judicial independence and respect for the rule of law, and said that he was getting advice on waiving solicitor-client privilege so as to ensure there were no unintended consequences. Scheer changed tacks slightly and wondered how many times Butts met with Wilson-Raybould over SNC-Lavalin, and Trudeau noted that all ministers met on Tuesdays and that his staff was engaged with them. Guy Caron was up next, demanding that solicitor-client privilege be waived, and Trudeau reminded him they were getting advice on that. Caron demanded an independent inquiry — the subject of their Supply Day motion, to which Trudeau said they had confidence in the Ethics Commissioner and that he wouldn’t prejudge the work of the committee, which was the master of its own destiny.  Charlie Angus was up next to repeat the question in English with added sanctimony, and Trudeau repeated both points. Angus demanded that he let Wilson-Raybould speak, and Trudeau reiterated that they welcomed any inquiry from the Ethics Commissioner. 

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Roundup: Committee performance

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Well, yesterday’s justice committee meeting was about as performatively partisan as could possibly be expected. The Liberals had their own counter-motion to propose, delivered by Randy Boissenault, who insisted that this was done independent of the government, but then behaved as though it was, especially when he began throwing around terms like “witch hunt.” (What did we say about this gang not managing to communicate their way out of a wet paper bag?) While the Conservatives wanted nine witnesses, the Liberals proposed three – though, the key crossover witness was the Clerk of the Privy Council – though the Liberals were open to others, though they wanted to have an in cameraplanning meeting for witnesses and timetable as is standard in any committee. The Conservatives railed that they didn’t want anything in camera, which is utterly galling if anyone recalled how they ran committees when they were in government and everything went in camera, all the time. Nathan Cullen proposed a compromise with three more witnesses, but the Liberals voted it down, and in the end, the Liberal motion won the day.

At this, everyone is filled with sanctimonious outrage. Why isn’t Jody Wilson-Raybould testifying? Well, because she says she can’t say anything, so calling her to say that she can’t say anything is a waste of everyone’s time, and oh, right – she can’t be compelled to testify because she’s a sitting MP. As for those key PMO staffers like Katie Telford and Gerald Butts, well, they still might, but I am also a bit unsure how their appearance would fit into the rubric of ministerial responsibility (though good luck getting the PM to testify). The Conservatives, however, are gleefully shitposting about the “Liberal coverup” because this is exactly what they wanted, gathering as many clips of Pierre Poilievre doing his usual schtick that will be all over their social media channels. Because that’s the game these days.

If you need to catch up with everything that’s happened to date, Kady O’Malley has a timeline here for you. Chrystia Freeland went on the radio to talk about handling pressure on files and bringing matters up with the PM, which is an interesting but subtle rebuke of what is being alleged about what Wilson-Raybould did or didn’t do. Here’s a rundown of what the Quebec media has been saying on the issue, and it’s a very different conversation than English Canada is having, focused on protecting SNC-Lavalin. Speaking of SNC-Lavalin, one of its former executives wants the bribery and fraud charges thrown out over court delays. (Yeah, don’t think that’ll happen). Incidentally, SNC-Lavalin never came up during debate or testimony on implementing the deferred prosecution agreements, for what that’s worth.

Meanwhile, Chantal Hébert says that Trudeau risks isolating himself if he continues to try to undermine Wilson-Raybould in public, while Stephen Maher enumerates the miscalculations in demoting Wilson-Raynould in the first place, and says that someone in Trudeau’s inner circle should pay the price for it. Chris Selley has a very salient look at how Trudeau’s focus on identity politics symbolism has backfired on him as all of Wilson-Raybould’s critics for her failure as justice minister are now singing her praises because she’s an Indigenous woman, not because she was good at her job.

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