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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Roundup: More documents, more drips

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: Afraid of the economy

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

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Roundup: Trudeau begins his Big Reset

Yesterday very much looked like the start of Justin Trudeau’s attempted Big Reset after the weeks of damage that the Double-Hyphen Affair has done to his reputation, starting with the appointment of Joyce Murray to Cabinet as the new Treasury Board president. Murray has been the parliamentary secretary for Treasury Board during the entire life of this government, has been pushing for a “greening of government” initiative within the department, and has a history of being someone who has gone offside with the rest of caucus on several occasions, thus her appointment could be seen as sending signals that Trudeau is open to disagreement. Following this was the announced retirement of Michael Wernick as Clerk of the Privy Council, citing that he couldn’t carry on in the role if he was no longer trusted by opposition parties on issues like his role around sounding the alarm regarding election interference. This doesn’t mean culpability for the Double-Hyphen Affair, but it is nevertheless part of the accountability process (and accountability, like democracy, is a process). Wernick will be replaced by Ian Shugart, who is currently the deputy minister of foreign affairs. (I’m also not convinced that this is the last of the staffing changes, and we may yet see more cleaning house in the PMO as a demonstration of doing something).

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Minutes later, during Question Period, Trudeau announced that former justice minister Anne McLellan was named as a special advisor to the prime minister to examine aspects of what happened in the Affair, particularly as it relates to the dual roles of Justice Minister and Attorney General, and whether it’s time to separate the two. (She also backed out of a fundraiser for the Liberal Judy Lamarsh fund – which aims to help more women run for office – after taking on the new role). And then, after QP, Trudeau gave a rousing speech about condemning hatred and calling out white supremacy, and made some pointed digs at Andrew Scheer and Maxime Bernier for their winking and nudging of white nationalists without condemning their messages. All of this is working to change the narrative – things are being put into place to fix what happened, the speech sets Trudeau on a different rhetorical tone than Scheer – and sets out a huge contrast between the two, especially after Scheer’s insipid speech that followed – so we’ll see if the Liberals can capitalise on this, but the fact that Trudeau explicitly said in the speech that this was exactly the time for politics could be the signal that he wants to fight an election on this issue.

But that may be harder to do, given that the Liberal members of the justice committee put out a letter saying that they weren’t inclined to call Jody Wilson-Raybould back to testify further, stating that they’d heard enough and wanted to get on with the report, and let the other processes carry on. I will say that at least they put out a letter with reasoning in it – they simply could have gone in camera today and emerged saying they were going to focus on writing the report, and saying nothing more. You know, like the Conservatives frequently did when they were in power. It doesn’t look good for the Liberals, and feeds the Conservative narrative that they’re hiding something, but they may simply be trying to move on as quickly as possible. (Of course, there is no smoking gun here, and it’s a matter of determining credibility and finding the line of where pressure is deemed “inappropriate,” so that makes for a harder sell to keep this going as long as possible).

The Senate, meanwhile, is debating the motion to start their own study on the issue, but we’ll see how that goes. I’m not sure that the Conservatives in the Senate will get the Independents onside, as their performance during the inaugural televised Senate Question Period had the ISG leader tweeting right away that it was all about partisan posturing, but stranger things have happened.

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Roundup: Conspicuous silences

While responses from Canadian politicians and civil society was swift to the mass murder in New Zealand by an alleged white nationalist, Andrew Scheer’s initial tweets didn’t mention the fact that the victims were Muslims, or that they were killed in a mosque. He later put out an official statement that mentioned these things, but didn’t recant any of his winking to white nationalists with “globalist” conspiracy theories, giving succour to racists in order to “own the Libs,” or his wilful blindness of the racist and xenophobic elements of the “yellow vest” protesters that he recently addressed on the Hill (alongside other famous white nationalists, without denouncing them).

Ahmed Hussen said that people who are silent about hateful online comments feed into the narratives that lead to violence, which had Scheer’s office sniping that he was trying to score political points off of a tragedy, but it’s notable that Lisa Raitt and Michelle Rempel were calling out people posting racist responses to the news of the tragedy. (Notably, only Michael Chong called out the white nationalist problem in Canada). Here’s Carleton University professor Stephanie Carvin providing some national security and intelligence context, along with some analysis of how social media feeds this problem.

Andrew Coyne points out Scheer’s continued inability to do the right thing, not only with his poor first statement this time, but his inability to confront racists and for buying into populist conspiracy theories (and he even missed a few other examples).

Jody Wilson-Raybould

As the next Liberal caucus meeting draws closer, and a decision as to whether Jody Wilson-Raybould and Jane Philpott should be allowed to remain in caucus becomes more immediate, Wilson-Raybould published an open letter to her constituents to reiterate her commitment to being a Liberal, but it was more than that. Rather than just a simple statement about serving her constituents, or some feel-good language, she went on about being new to party politics and wanting to bring change to reject the culture of conflict, empty partisanship, and cynical games. Except this reads a lot like a cynical game in and of itself because it’s both a dare to the prime minister to keep her (and Jane Philpott) in caucus – Justin Trudeau saying he hasn’t spoken to either of them, and that he had no comment on this letter – and it sounds a lot like a challenge to Trudeau and his authority. You know, like she did with her refusal to turn over relevant information about recommendations for judicial appointments, and her refusal to be given a different Cabinet post. It remains to be seen what her endgame is, but this seems to be looking more like a future leadership bid, albeit in a way that hasn’t been done by those who have done so in the past. But that said, I think it’s pretty hard to ignore that Wilson-Raybould has an endgame in mind.

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Meanwhile, the Conservatives have decided that they’re going to begin a new round of procedural warfare over the demands to get Wilson-Raybould to testify again at the Justice committee, and they’re going to demand all-night line-by-line votes on the Supplemental Estimates. But…we’ve seen this show already. It’s a poor procedural protest because these votes have zero to do with the Wilson-Raybould situation, and when they vote against line items, it opens them up to attack from the government – just like the last time they attempted this and voted against things like veteran benefits allocations. It’s not smart strategy, and it’s premature because the committee hasn’t decided if they’re going to hear from Wilson-Raybould again or not. And then they’ll cry foul, like “You’re making us inconvenience everyone!” when no, nobody is making you do anything. Try again.

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Roundup: So concerned they’re going to data mine

Because we couldn’t possibly have a weekend without trying to force developments in the Double-Hyphen Affair, Andrew Scheer called a press conference on Sunday to demand that Justin Trudeau let Jody Wilson-Raybould “speak the full truth” before the justice committee, which is set to meet again on Wednesday to consider next steps in what witnesses they want to hear from. The Conservatives in particular are keen to hear if Wilson-Raybould thinks that Trudeau lied. Scheer also launched a petition site so that Canadians can let Trudeau know that he should “let her speak.” Of course, it’s also about data-mining in advance of the next election, but that’s par for the course for them.

Of course, the consensus among lawyers and political operatives is that Wilson-Raybould has been free to speak all along, and the fact that Michael Wernick and Gerald Butts have spoken about the times in question – and have stated explicitly that there was no legal advice proffered on this issue so it can’t be a question of solicitor-client privilege. Add to that, she has always had the ability to use her parliamentary privilege to say whatever she wants in the House of Commons. So this concern that she can’t speak is a bit overblown – or perhaps should be considered as concern trolling. Regardless, the longer this issue goes on, the more it’s clear that it becomes an issue of who can be considered the more credible witness, because there is no right or wrong answer here. Partisans will each take their own lessons, and eventually we’ll move on, but maybe not until the Liberals stop stepping all over their own message, whenever that will be.

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Roundup: No contrition

Despite the Liberals having floated that the notion that Justin Trudeau may be striking a more conciliatory tone over his handling of the Double-Hyphen Affair, when he called an early morning press conference before getting on a plane to Iqaluit (and having to turn back because of weather), Trudeau was decidedly not conciliatory. Or apologetic. But he did say that they were always learning lessons, and this too was one more of them. Of course, I’m not really sure how conciliatory he really could be – he has basically boxed himself into a corner where he can’t admit wrongdoing, because that would mean he undermined the rule of law, but he also has to look like he’s sensitive enough as to why Jody Wilson-Raybould resigned while still trying to brazen it out. It’s one hell of a juggling act, but nobody seems to be buying it. And so, while mouthing words about leadership styles and trying to put forward the notion that Wilson-Raybould didn’t come to him with her concerns where the door was open, one of his soon-to-be departing MPs, Celina Caesar-Chavannes tweeted that she tried to do so, twice, and was apparently rebuffed (and then refused all media entreaties to clarify). So there’s that.

In related content, some Indigenous and Métis leaders say that Wilson-Raybould could have effected real change had she taken over the Indigenous Services portfolio that she rebuffed. Here’s a list of outstanding questions we have after discrepancies between Wilson-Raybould’s testimony, and that of Gerald Butts and Michael Wernick. And since the opposition members of the justice committee have seen fit to recall the committee next week, they may have the opportunity to call past witnesses back…again. The National Postrounds-up the international and Quebec reactions to the ongoing story. And of course there are the premiers of Saskatchewan and Alberta (and Brad Wall) whinging that this shows special consideration for Quebec-based jobs, while conveniently ignoring that Trudeau bought a pipeline and has been shovelling federal dollars into the energy sector of late. Here’s a look at what a 10-year ban on federal contracts could mean for SCN-Lavalin, as they are now lobbying for leniency if they are convicted, and updates to the integrity framework could be flexible enough that they could avoid debarment.

In pundit reaction, Chris Selley is having none of Butts’ explanations for the Cabinet shuffle math. Jason Lietaer offers suggestions as to how Trudeau could have fixed the situation (but that would mean showing contrition, which is risky for him to do). John Geddes makes the point about how Trudeau promised not to centralise power in his office, but certainly appears to have anyway. Robert Hiltz has a hard time figuring out just what lessons Trudeau says he’s learned, given that he seems oblivious to it all.

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Roundup: Hunkering down in the PMO

The Double-Hyphen Affair took a bit of a breather yesterday, but will be back in full gear today as Gerald Butts and Michael Wernick testify at the justice committee. It will be interesting to see how they try to refute (or at least nuance) Jody Wilson-Raybould’s testimony last week, without trying to cast her as the villain or the problem. Meanwhile, Justin Trudeau cancelled an appearance in Regina yesterday and returned to Ottawa to hunker down, and his office is floating the news that he’s going to try for a more conciliatory tone – with some new lines that he tested out at the Toronto audience on Monday night. Elsewhere, Liberal MP Steve MacKinnon had to walk back his comments that SNC-Lavalin was “entitled “ to a deferred prosecution as a poor choice of words (no kidding), but said that they remain a candidate for one. More Cabinet ministers are giving their reassurances to the media, such as Chrystia Freeland did yesterday, including the assurance that yes, Trudeau is still a feminist leader. Also making the rounds was former Liberal deputy prime minister Sheila Copps, who took the aggressive line that Wilson-Raybould and Jane Philpott were unused to the rough and tumble of government because they hadn’t spent any time in opposition, and she urged Trudeau to kick them out of the party (which I think would be an even bigger mistake, but what do I know?) We also learned that David Lametti has asked for outside legal advice on “issues raised” by the current Affair – but not the question of the deferred prosecution agreement itself, in case anyone thinks this is him buckling to the kind of pressure that Wilson-Raybould was alleging.

For context, Tristin Hopper talks to a number of legal and constitutional experts about what has transpired in the Affair, and lo, this is largely a political issue that will have a political solution. Imagine that. Here’s an examination of how the playing field remains tilted against Wilson-Raybould because of her status as an Indigenous woman in what has been a field dominated by white men. Here’s a look at how the Liberals could turf Trudeau (but seriously, if you want a better discussion on this, read my book).

In pundit reaction, Susan Delacourt wonders why Trudeau keeps finding himself surprised by these recent events, particularly the resignations. Jason Markusoff warns that the Liberals appear to be gearing up to use “the other guys suck” as their campaign platform. While there is no hint of a backbench revolt (no, seriously), Kady O’Malley nevertheless games out how such a revolt could bring down the government. Philippe Lagassé expands on his previous post to talk about how this whole Affair proves that our system of parliamentary accountability is actually working. My column assesses the state of play for Trudeau, and how his way out of this Affair is going to be extremely tough to achieve.

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Roundup: The Philpott extraction

Because the government’s handling of the Double-Hyphen Affair (as I am now dubbing it) needed another bombshell, it came in the form of Treasury Board president Jane Philpott resigning, citing that she had lost confidence in the government over its handling of the Affair, and because she could no longer abide by the principles of Cabinet solidarity throughout it. It’s a rare resignation on principle, and one that causes no end of damage to Trudeau (and more importantly for his electoral chances, his brand). To lose of his most capable ministers is far harder to try and pretend is just a disagreement over semantics than he could with just Jody Wilson-Raybould off-side.

Trudeau, of course, shrugged it off at his event that evening, still showing no contrition, but he did deploy some lines about “encouraging disagreement and debate,” and that there was “important debate” about how the ministry conducts themselves, which could signal that more heads are about to roll. Maybe. But the Liberals continue to hurt themselves, as parliamentary secretary Steve MacKinnon went on the evening politics shows and made the tactical error of saying that SNC-Lavalin was entitled to a deferred prosecution agreement, because otherwise they were at a disadvantage to international competitors who were able to get such agreements form their own governments. The use of “entitled” set off everyone’s alarm bells, and one imagines he’ll be cringing about it for the next few weeks if this whole Affair carries on much longer.

For context, there have only been two – maybe three, depending – resignations on principle in recent history. Here’s a recap of Philpott’s time in politics.

In punditry, and of course there was no shortage of hot takes, Robert Hiltz wonders how much longer this whole Affair can keep going on, particularly if Trudeau keeps on his current path. Matt Gurney wishes the Liberals luck in spinning the departure (indeed, Trudeau basically shrugged it off), while Jen Gerson says that Trudeau’s handling of this Affair has turned it into an existential crisis for his government. Paul Wells takes it a step further, pairing this with the shenanigans going on in Queen’s Park with the firing of the deputy OPP commissioner, and wonders if the culture of respect for the rule of law is being eroded in this country, sacrificed at the altar of political expediency. (This after Wells also accused Trudeau of essentially being a phony, not governing in the way he presents himself to the world). Chantal Hébert ponders whether Trudeau is capable of raising his game after the past three weeks. Susan Delacourt points out that the way this has played out is so different from previous departures that it leaves Trudeau without any kind of guidebook, and makes the added observation that women are changing politics – but not in the way that Trudeau expected.

In advance of this all, however, Andrew Coyne penned another one of his missives about this Affair, decrying that the system hasn’t worked because it was up to one woman to keep the system intact. Philippe Lagassé pushes back against this particular depiction, and I’m Team Phil on this one.

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QP: Making demands to an absent PM

The day after the explosive testimony from Jody Wilson-Raybould, the prime minister was off in Quebec to highlight the Canadian space programme, meaning it was going to be a long day of Bardish Chagger talking points. Andrew Scheer led off in French, citing the testimony of pressure, and he demanded that Trudeau resign. Chagger read that from the beginning, the prime minister said that they acted properly and professionally, that it was confirmed that the decisions were always Wilson-Raybould’s, and that committees were doing their work, as was the Ethics Commissioner. Scheer tried to be cute in English to demand that Trudeau answer for himself in his demand for his resignation, and Chagger repeated her question in English. Scheer got faux indignant that Trudeau — who was away — did not answer, and he started demanding on three separate occasions whether staff members made the comments alleged, and in each case, Chagger reiterated her talking points, making jabs about partisan interests along the way. Charlie Angus led off for the NDP, and with showboating sanctimony, he demanded an independent inquiry into the matter. Chagger reminded him that the justice committee and the Ethics Commissioner were looking into it, and they wanted to let them do their work, before taking a shot at the NDP for not standing up for jobs. Angus demanded that Clerk of the Privy Council Michael Wernick step down, to which Chagger accused him of mischaracterising witness testimony. Ruth Ellen Brosseau got up to read the some sanctimony in French, to which Chagger replied that it was always the Attorney General’s decision. Brosseau read a demand for an inquiry, to which Chagger repeated the plea to let the committee and the Commissioner do their work.

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