QP: A dare and a denunciation

All of the leaders were present today, for what promised to be a lot of back and forth over the libel suit. Andrew Scheer led off, and he dared Justin Trudeau to go ahead with the suit. Trudeau picked up a script to say that this was the party of Stephen Harper, that they backed down when threatened over statements about Navdeep Bains, and this was more misleading by the Conservatives. Scheer repeated the question in French, and got the same response from Trudeau but in French. Scheer demanded court proceedings commence, and Trudeau first said that Scheer wouldn’t denounce white supremacists, and raised Senator Housakos’ comments in committee saying he didn’t think it was a problem. Scheer dismissed this as a smear tactic, and stated that he always denounced white supremacists (possibly saying those actual words for the first time). From there, Trudeau went on a tear about Scheer misleading Canadians and pivoted to the environment, to which Scheer demanded Trudeau go on the record in court, and Trudeau kept on about the Conservatives’ lack of a plan. Jagmeet Singh was up next, and said that the OECD was watching Canada on the SNC-Lavalin file and demanded a public inquiry. Trudeau reminded him that the justice committee was master of its own destiny and he ensured everything was public. Singh tried again in French, got the same answer, and then Singh railed in French about Loblaws getting climate funds. Trudeau reminded him that the private sector has a role to play in fighting climate change and the government would partner with them, and when Singh tried again in English, and Trudeau said the problem with the NDP was that they were all talk, while they were taking action.

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Roundup: An important first report

While everyone was focused on Jane Philpott’s attempt to claim that the provisions in the garbage Reform Act weren’t met as it regards her expulsion from caucus, a much more important event was taking place, which was the release of the National Security and Intelligence Committee of Parliamentarians’ first public report. This is the first time that Canada has seen any kind of public oversight into our national security and intelligence services, and it was important to see. One of the things that they focused in on was the oversight of military intelligence operations, for which the military thanked them for their suggestions on improving governance, but balked at the proposal for a legislative framework.

Nevertheless, the expert in this stuff is Stephanie Carvin, so I will turn over the reactions to her (full thread starts here):

https://twitter.com/StephanieCarvin/status/1115716056247676929

https://twitter.com/StephanieCarvin/status/1115717071185301504

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https://twitter.com/PhilippeLagasse/status/1115678714291871746

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https://twitter.com/PhilippeLagasse/status/1115688317452935168

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QP: Trudeau challenges an absent Scheer

The prime minister was present for a miserable day in Ottawa, but Andrew Scheer was absent, despite his previous fist-shaking about the libel suit. That left Lisa Raitt to lead off, raising the lawsuit, and wondered when the action would commence. Justin Trudeau stood up, with notes in hand, and he noted that the leader of the opposition has a history of making false and misleading statements, which is why they put him on notice. Raitt tried again, and listed broken promises as falsehoods the prime minister spoke previously (pretty sure there’s a difference there), and again demanded the action to commence. Trudeau repeated his response, and Raitt noted that the ball was now in the prime minister’s court, and Trudeau noted that Scheer did not condemn white supremacists when asked directly to do so yesterday, and said he’d give him another chance to do so. Alain Rayes took over in French, and he too demanded the action commence, and Trudeau recited the French version of his points that Scheer misleads Canadians and treats it as a virtue. Rayes tried again, and Trudeau repeated in French that Scheer did not condemn white supremacists. Jagmeet Singh was up for the NDP, and he concern trolled that Jody Wilson-Raybould and Jane Philpott were kicked out of caucus, and demanded a public inquiry. Trudeau stated that they tried for weeks to resolve the issue but in the end, the will of caucus was clear. Singh switched to French to demand an inquiry, and Trudeau spoke about the great things that his government was focused on. Singh switched to a question about reliable cellphone service and demanded that the government stand up to telecom companies and order them to lower costs, to which Trudeau reminded him that the minister of rural economic development was making coverage a priority. Singh then moved onto the lack of federal involvement in money laundering investigations in BC, to which Trudeau noted that he must not have read the budget because there were investments in doing just that. 

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Roundup: Trying to make a garbage bill relevant

Over the past couple of weeks, Conservative MP Michael Chong has been trying to make “Fetch” happen – or rather, trying to make his Reform Act relevant again, first by taking to the Twitter Machine to outline the process outlined in the Act for ousting a party leader (as though the Liberals were seriously considering dumping Justin Trudeau), and later to insist that it laid out a process for expelling MPs from caucus. The problem? Well, there are several, but the most immediate one is that the Act requires each party to vote at the beginning of each parliament whether they will adhere to the provisions or not – and lo, none of the parties voted to. Not even Chong’s. It was always a garbage bill – I wrote a stack of columns on that very point at the time it was being debated – and it made things worse for parties, not better, and ironically would have made it even harder to remove a party leader by setting a public high bar that the pressure created by a handful of vocal dissidents or resignations would have done on its own. It also has no enforcement mechanisms, which the Speaker confirmed when Erin Weir tried to complain that it wasn’t being adhered to. But why did this garbage bill pass? Because it gave MPs a warm feeling that they were doing something to “fix” Parliament (and in the context of doing something about the “dictatorial” style of Stephen Harper under the mistaken belief that his caucus was searching for some way to get rid of him, which was never the case).  It had so neutered it in order to be palatable enough to vote on that it was a sham bill at best, but really it did actual harm to the system, but Chong was stubborn in determining that it should pass in its bastardized form rather than abandoning it for the steaming hot garbage bill that it was.

And now, with Jody Wilson-Raybould and Jane Philpott’s ouster from caucus, Chong has been trying to make the rounds to claim that the move was illegal without a vote – err, except no party voted to adopt the provisions, which is pretty embarrassing. And yet he keeps trying to sell it to the public as though this were a done deal.

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Roundup: And now the lawsuits

Because we can’t go a single day without yet more nonsense in the interminable Double-Hyphen Affair fallout, we had news yesterday that Andrew Scheer is being personally sued by prime minister Justin Trudeau for libel following press releases in which he intimated that Trudeau committed a crime and is attempting to cover it up. Scheer says bring it on, and make it fast. And then come the narratives – Conservatives say that the prime minister is trying to intimidate them, or bully them into silence, but at least with the lawsuit he’ll have to testify under oath. The Liberals are saying that this is just calling out Scheer’s lies and shows that they have consequences, and it demonstrates that Trudeau is willing to testify under oath as a result. And the pundit class wonders why they would want to continue to drag this out for months, if not years, as this drags on in the court system. (And for those of you who recall, Stephen Harper once planned to sue Stéphane Dion for libel over allegations made in the Chuck Cadman Affair, but he eventually dropped it after Dion was no longer Liberal leader). So, something for everyone, really.

https://twitter.com/robert_hiltz/status/1114959070136537088

Meanwhile, Wilson-Raybould says that all of the anonymous leaks are “trampling over” the confidences around the discussions she may or may not have had with the prime minister. Err, except her own side has been leaking stuff too, even if she insists it’s not her doing it. She also says that she has no desire to help Andrew Scheer win the next election, and doesn’t see herself as a floor-crosser but will operate as an independent Liberal for the time being.

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Roundup: Denials and special committees

The pace of news out of the Double-Hyphen Affair fallout slowed somewhat yesterday – finally – but there were incremental developments starting with yet another interview by Jody Wilson-Raybould, in which she was somewhat more categorial about her insistence that she would never try to have the prime minister direct her successor (and yet she kept saying she wouldn’t respond to anonymous leaks, even though this whole Affair was touched off by anonymous leaks to the Globe and Mail, and she responded to those). There nevertheless remains some incredulity at the notion that an issue that supposedly cuts at the heart of prosecutorial independence in this country could have been smoothed over with an apology. Also, apparently the Vancouver–Granville riding association is staying in place and not resigning out of protest, so that is also a significant development.

Meanwhile, SNC-Lavalin is going to appeal the decision that denied them judicial review of the Director of Public Prosecutions’ decision not to grant them a DPA. They’re saying that they have new evidence that has come to light during this whole Affair – things like information on when decisions that were taken that don’t line up with information that the company provided to the DPP, about conditions that supposedly weren’t met for eligibility, and what they consider an abuse of process. They’re not likely to get very far with the appeal, but it’s a lifeline for them nevertheless.

On another front, there is now a live debate in the Senate regarding Senator Pratte’s motion to create a special committee to look into the issues surrounding the Affair, particularly separating the Attorney General from the justice minister, as well as the role of remediation agreements. It’s fairly fraught in part because there are a lot of unknowns in what he is proposing, given that it would establish a special committee rather than go through one of the established committees, and its known quantities in terms of membership. Nevertheless, the fact that his proposal has defined aims that are less likely to be read as partisan will mean that it’s more likely to get the support of the Independents, which is what will be important in getting the needed votes.

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Roundup: The ouster of the dissidents

After a day of bated breath, and rumours of regional caucus meetings, Justin Trudeau decided to pull the plug and expel Jody Wilson-Raybould and Jane Philpott from Liberal caucus, ostensibly saying that trust had been lost. While Wilson-Raybould would not say that she had confidence in the prime minister, Philpott went on camera that morning to say that she did, that her loss of confidence was solely in the handling of that one issue but otherwise she was still a good Liberal, but that wasn’t enough. For her part, Wilson-Raybould sent a letter to her caucus mates to plead her case, that she felt she was standing up for the values they shared and was trying to protect the prime minister from a “horrible mess,” but it didn’t sway any minds it seems. In the intervening hours, the texts and notes that Gerald Butts submitted to the Commons justice committee were released, and it mostly focused on the Cabinet shuffle, with the assurances that she was not being shuffled because of the SNC-Lavalin file, but because they needed someone with high profile for one of the highest-spending departments and she refused Indigenous Services. (Wilson-Raybould was also convinced that they were planning to replace her chief of staff with one of two PMO staffers she accused of trying to pressure her, which Butts said was not the plan, and which has not happened, for what it’s worth). I did find that Wilson-Raybould’s concern about the timing of the shuffle was suspicious, considering that the SNC-Lavalin file was on nobody’s radar until the Globe and Mail article, and her warnings of Indigenous anger if she was shuffled is also a bit odd considering that her record on addressing those issues while she was in the portfolio were…not exactly stellar.

When the “emergency” caucus meeting happened, Trudeau had just informed the pair that they were expelled, and he gave a lofty speech about trying to do politics differently, and sometimes that was hard and they didn’t always get it right, but he called recording the conversation with the Clerk of the Privy Council to be “unconscionable” (though it bears reminding that Philpott did not partake in this), and that they needed to be united because Liberals lose when they fight among themselves – and then he went into campaign mode. Because of course he did.

In the aftermath, Philpott put out a message that described her disappointment, and noted that she never got the chance to plead her case to caucus – though one imagines that for most of the caucus, the interview with Maclean’s, the hints of more to come, and what appeared to be a deliberate media strategy was her undoing, and her last-minute declaration of loyalty wasn’t enough to save her. She does, however, appear to want to stay in politics, so that remains interesting. Wilson-Raybould tweeted out a message that was unapologetic, rationalised her actions, and talked about transcending party, so perhaps that’s a hint of her future options. Andrew Scheer put out a message saying that there’s a home for anyone who speaks truth to power among the Conservatives, which is frankly hilarious given how much they crushed dissent when they were in power. (Also note that the NDP won’t take floor-crossers who don’t run in a by-election under their banner, and if they “make an exception” in this case, that will speak to their own principles. As well, if anyone thinks that they’re a party that brooks dissent, well, they have another thing coming). Liberals, meanwhile, made a valiant effort at trying to show how this was doing things differently – because they let it drag on instead of instantly putting their heads on (metaphorical) spikes. And maybe Trudeau was trying to give them a chance – he stated for weeks that they allow dissenting voices in the caucus – but the end result was the same.

In hot takes, Andrew Coyne says the expulsions serve no purpose other than vindictiveness, and that it’s a betrayal of the role of backbenchers to hold government to account. Susan Delacourt marvels at how long this has dragged out, and whether it’s a signal of dysfunction in the centre of Trudeau’s government that it’s carried out as it has. Robert Hiltz zeroes in on the lines in Trudeau’s speech where he conflates the national interest with that of the Liberal Party, which has the side-effect of keeping our oligarchical overlords in their comfortable places.

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Roundup: Wilson-Raybould’s recorded call

Because we couldn’t go another weekend in the interminable Double-Hyphen Affair without another bombshell, we got one in the revelation that among the materials that Jody Wilson-Raybould turned over to the justice committee was a recording she made of a conversation she had with outgoing Clerk of the Privy Council, Michael Wernick, which was quickly pointed out was in violation of the ethical obligations of lawyers (and no, this isn’t a situation of whether you’re wearing your Attorney General or Minister of Justice hat – it’s whether you’re a lawyer, and if you are, you are forbidden from surreptitiously recording a conversation). ETA:  This may have been overstating it, but there is an argument that Wernick could have been a client receiving advice, which is where it would violate the rules.

I did listen to the recording, and I had a few observations, but there are a few things I noticed that weren’t being talked about in any of the rush to find a smoking gun. For starter, there is a very performative element to the recording – she’s asking very leading questions, and fishing for quotes. I know this because I make my living having conversations with people on tape in order to get quotes for stories. And some of the formality of the language with which she speaks – there is a lot of spelling out of acronyms and relationships that read like a literary device we call an “As you know, Bob,” where you explain things in dialogue to someone who should know what you’re talking about. This conversation was rife with this kind of phrasing, so it looked very much like she wanted this for a purpose. She stated that, while she knows it was unethical, she did it because she was afraid the conversation would “inappropriate” and she didn’t have staff around to take notes. But there is an intent here that I’m curious about.

As for the content of the conversation, a few things stood out for me, which I haven’t seen being written about in the media, because they are focusing on the quotes that she specifically set up for them. First of all, Wernick’s tone seemed to me to be more of a friendly warning – the PM was looking for answers, but I didn’t get the sense that there were threats, thinly veiled or otherwise. Wernick made the point several times in the conversation that “He wants to understand more why the DPA route isn’t being used.” Repeatedly, Wernick is trying to get information about why the Director of Public Prosecution has rejected it, and each time, Wilson-Raybould tried to bring it back to “I’m uncomfortable with this, but I’m happy to talk to you,” and threats that these conversations were bordering on inappropriate. Wernick keeps insisting that they are trying to keep these conversations above-board, and that they’re not actually asking her to do anything, but they’re looking for information because they want to ensure that they’ve done their due diligence with regard to those jobs.

Regarding outside legal advice, Wernick said that he was concerned the PM would seek it himself, or if Wilson-Raybould felt it more appropriate, have it go through her, and former Chief Justice Beverley McLachlin’s name is bandied about several times, which should make everyone feel a little gross, but we developed a political culture of “Mother, May I?” in this country when it comes to getting the blessing of the Supreme Court of Canada, either with its current or former members. Wilson-Raybould went on about public perceptions of interference if she overrode the DPP’s decision about granting the remediation agreement, which is fair (and she warned him that she was keeping receipts), and there was even an exchange where she’s talking about the prime minister and prosecutorial independence, and Wernick said “I don’t think he sees it like that,” to which Wilson-Raybould snapped back, “Then nobody’s explaining that to him, Michael.” (As an aside, one wonders if that was not her job). But again, Wernick kept circling back for an explanation – not direction – asking when the DPP related her decision to Wilson-Raybould, and specifically asking “Can they get her to explain?” Wilson-Raybould insisted that the Prime Minister’s office had the report since September, to which Wernick replied “That’s news to me.” And what I find fascinating is that Wernick keeps asking for explanations, and the media picked out the quotes about pressure. They were very much talking past one another,

There were the other documents she turned over, which included her reasons for resigning from Cabinet, and a couple of things leapt out at me from there – one being that with this release, she doesn’t think she has anything left to contribute to a formal process in looking into this. The other is that in her personal observations at the end, she goes on about looking forward “to a future where we truly do politics differently,” which could be hints about future political ambitions. (John Geddes has some more good parsing about parts of the Cabinet conversation around DPAs here).

In fallout from this, Justin Trudeau put out a statement saying that he hadn’t been briefed on this conversation, and that he wished that Wilson-Raybould had come to him directly, but he’s taken responsibility for the loss of trust, announced next steps, and he wants to move forward (as a team). This while more Liberals in the caucus are getting restive and want Wilson-Raybould and Jane Philpott to be ousted, and they’re signing their names to it rather than whispering anonymously. With Wernick already on his way out, and Wilson-Raybould saying that there’s no more for her to tell, one supposes that Trudeau hopes this will finally put an end to things and he can move forward without showing any further contrition that his taking responsibility for the breakdown in trust, and that he can leave it up to his pabulum talking points going forward. I guess we’ll see how much is left to litigate in Question Period, but I guess we’ll see if there are any additional rabbits to be pulled out of hats now.

And then come the hot takes, and hottest of all is Andrew Coyne, who takes this as a complete vindication for Wilson-Raybould. Susan Delacourt sees some poetic parallels between Trudeau fighting for his political life right now, with that boxing match with Senator Brazeau some seven years ago this weekend. Chris Selley notes that the tape really won’t change anyone’s mind, but does give Wilson-Raybould props for not bowing to the status quo.

https://twitter.com/AaronWherry/status/1111738095018430465

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Roundup: Common ground on “secularism”

There was some small respite in news coverage yesterday and a chance for all of the federal party leaders to come to agreement on an issue – their mutual disdain for Quebec’s now-tabled “secularism” legislation that forbids the wearing of religious symbols for anyone in a position of authority, which includes teachers and police officers. Never mind that it’s not actually about secularism and that it specifically targets minority communities – this is about “solving the problem” in Quebec about their not knowing how to accommodate these minorities, so says one particular Quebec MNA who went on English Canadian television to try to sell the plan. It was as distasteful as it sounds, because hey, who needs to protect minority rights when the majority of voters feel uncomfortable with them?

https://twitter.com/EmmMacfarlane/status/1111319646475423744

As for the reactions of party leaders, they may have been uniformly opposed to the bill, but they did it in very different ways – Trudeau forceful in denouncing laws that legitimize discrimination. Jagmeet Singh gave personal perspectives on being othered as a child because he was different and how this legislation reinforces that. Andrew Scheer, however, was true to form and gave an insipid line about freedom of religion and individual rights, but didn’t actually denounce discrimination. Oh, and he promised he wouldn’t introduce similar legislation federally, which I suppose is small progress from the moral panic over veiled voting that his party stirred up while in government.

Chris Selley, meanwhile, brings some fire to this “debate,” and finds hope in the province’s youth, who are rejecting the underlying anxieties that led to this kind of legislation in the first place.

The interminable Double-Hyphen fallout

Yesterday’s Double-Hyphen Affair fallout stories included The Canadian Press following-up on the story of that wrongful conviction that Jody Wilson-Raybould sat on for 18 months. Documents were also obtained to show that SNC-Lavalin indeed told the Public Prosecution Service that if they didn’t get a deferred prosecution agreement that they would move their headquarters to the US, cut their Canadian workforce to 3500 and eventually wind-up their operations here. Justin Trudeau told the media that he condemned the leaks about the Supreme Court of Canada appointment process and insisted that his office “would never leak.” Jody Wilson-Raybould’s submission to the justice committee is expected to be ready for public release later this afternoon. In advance of this, the Stargot a copy of a legal opinion from the justice department to Wilson-Raybould saying that any decision regarding remediation agreements haven’t been tested in Canada and that she could get outside legal advice on it – and it meshes with the timeline of what we know.

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Roundup: A ham-fisted attempt at undermining

Another day of developments in the interminable Double-Hyphen Affair fallout, and it’s beyond ridiculous. And yet here we are. To start the day, Justin Trudeau said that he had a “next steps” conversation with Jody Wilson-Raybould last Monday – you know, when Michael Wernick resigned and Anne McLellan was named a special advisor – and it was a “cordial” talk, and both she and Jane Philpott still want to run for the Liberals, and he’s looking forward to that. Oh, and he’s not going to extend any further waiver on confidences because the one he extended already covered the issue at hand, thank you very much. And he’s right about that part – we’re moving beyond SNC-Lavalin issues now into this intrigue about why Wilson-Raybould (and now Jane Philpott) resigned and the handling of the controversy rather than the actual issue of pressure, which has been aired and it’s up to peoples’ judgments as to where the line of inappropriate is. And yeah, this does actually matter if we’re paying attention to things. Also around this time, the CEO of SNC-Lavalin issued a correction that said that yeah, the whole job losses thing was discussed as part of a conversation about the public interest, and so on.

And then came the day’s “bombshell.” Two competing outlets each had a story about how Trudeau and Wilson-Raybould had clashed over the last Supreme Court of Canada appointment, and she has wanted a more conservative judge from Manitoba which Trudeau balked at, and not only that, but she wanted to immediately elevate him to Chief Justice. That both outlets got the same story looks a lot like PMO engineered a leak, but did it in such a ham-fisted way that they neglected to mention that said judge also pulled out of the competition because his wife had breast cancer. Oops. And it’s pretty obvious that this was a way to try and draw attention to the fact that Wilson-Raybould was a pretty bad minister (the Canadian Press version of the story pointing out the clashes she had with caucus over her conservative positions on bills like assisted dying and genetic privacy – for which we should also remember that Trudeau stuck his neck out for her). Because as we’ve seen throughout this whole Affair that Trudeau or his staff haven’t been able to point to her record because she remained in the post for three years and Trudeau insists that she would still be in the position if Brison hadn’t resigned (which could also mean that they considered it a manageable situation). But if this PMO could be any more inept at handling this situation and stepping on yet more rakes, you’d almost feel embarrassed for them if this didn’t make it look like they were trying to politicise Supreme Court appointments. Cripes.

Meanwhile, the Ethics committee will be meeting today to discuss the Conservatives’ motion to try and hear testimony from Jody Wilson-Raybould at their committee instead, given that they have a Conservative chair. The problem there, however, is that the numbers are really against them – there are six voting Liberals on the committee to two voting Conservatives and one voting NDP MP. And even if the Conservatives could convince maverick MP Nathaniel Erskine-Smith, a permanent member of that committee, to vote with them, they’re still outnumbered by the rest of the Liberals. Even if by some miracle they agree to hold hearings on the matter, unless Trudeau offers yet another waiver (which he seems not inclined to), then we’re left with more silence from Wilson-Raybould, and we’ll be no better off. And then it’ll be a new round of Andrew Scheer screaming “cover up!” (Kady O’Malley’s Process Nerd column offers a look at what some of the possible outcomes of the day are.)

In punditry, Andrew Coyne delivers some not undeserved outrage at the tactic to try and take a shot at a sitting judge to try and discredit Wilson-Raybould. He also takes entirely correct umbrage with journalists braying for Wilson-Raybould and Philpott to be kicked out of caucus, and lo, here’s Tasha Kheiriddin doing just that, insisting that Trudeau looks “weak” the longer he keeps them in the fold. Because policing caucus loyalty is something that We The Media apparently excel at.

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