Roundup: The drip, drip, drip of details

At a press event yesterday morning, Justin Trudeau tried to offer some reassurances around Jody Wilson-Raybould, and only seemed to complicate matters – which didn’t help that everyone seemed to read meaning into what he said that I don’t think was at all was intended. To recap, Trudeau said that back in September, at a time when there was a lot of discussion about the SNC-Lavalin, and the jobs and economic repercussions, Wilson-Raybould asked him if he intended to direct her on how to deal with the issue, and he said no, it was her call; in October, the Public Prosecution Service rejected the notion of giving SNC-Lavalin a deferred prosecution agreement. He also said that if Scott Brison hadn’t resigned that she would still be in justice, but things get moved around when you start shuffling Cabinet pieces around (which is fair – there are a lot of considerations). This of course turned into a childish game over Twitter about “blame Scott Brison,” which is not only ridiculous, but completely misrepresents what he said. (Note that regarding her poor performance managing her department, Brison’s departure may have been the opportunity to deal with it, but that it was considered manageable until the next election, but I can’t say that I’m privy to those determinations). Oh, and Trudeau also said it was unacceptable for people to be taking shots at Wilson-Raybould, but this was also about eight days after the anonymous grousing started appearing in media reports.

https://twitter.com/InklessPW/status/1096465016100777986

Amidst this, people have started taking a look back at the deferred prosecution portion of the budget implementation bill when it was being debated and studied back in the spring (*coughs*my story once again*coughs*), perhaps to prove that this was something the government snuck through to the benefit of all of that SNC-Lavalin lobbying. While Aaron Wherry finds a voluminous paper trail here, and the chair of the Commons finance committee, Wayne Easter, told Power & Politics that he personally questioned why that section wasn’t being sent to the justice committee, where things get really interesting is before the Senate’s legal and constitutional affairs committee, where those provisions were sent for study. It becomes exceedingly interesting that Wilson-Raybould refused to make herself available to testify on the issue – which is a very bad thing for a minister – and while Senator Serge Joyal, who heads the committee, says that in hindsight she may not have been comfortable with the subject matter if there was pressure (if that is indeed what was happening), we also need to remember that she refused to appear on other bills, which was holding them up because the committee (quite rightly) said no minister, no bill. Since she was shuffled, Lametti has agreed to appear before the committee on those bills. This kind of truculent behaviour should be taken into consideration when people think that she was doing a “great” job (she wasn’t), but even when she did appear to answer questions, the only thing she’d ever say was how proud she was of the job she was doing (another strike on her record).

Former BC premier Christy Clark affirmed Trudeau’s line that if Wilson-Raybould had a problem and was feeling unduly pressured that she had a duty to say something and resign, which she didn’t. And as a related note, here’s a closer look at the principles of Cabinet secrecy that Trudeau has noted are a consideration in what’s going on here, and how Trudeau has the prerogative to invoke it or not.

In other related news, a former SNC-Lavalin executive had his obstruction of justice charge stayed because it “timed out” under the Jordan principles outlined by the Supreme Court of Canada. As for SNC-Lavalin’s pursuit of a deferred prosecution agreement, here is an explainer of what kind of process a company would need to go through for a prosecutor to consider granting them one, and why it’s not simply paying a fine.

Meanwhile, Andrew Coyne insists that because SNC-Lavalin couldn’t meet the tests necessary to even qualify for a DPA that there shouldn’t have been any reason for Trudeau and Wilson-Raybould to talk about one, while Paul Wells looks at the polling numbers on the issue, and finds Trudeau’s credibility lagging Wilson-Raybould’s on the issue.

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QP: All about Scheer

For what might be the final QP of the year, the galleries were full — press gallery included — and the benches were full. Andrew Scheer led off, repeating yesterday’s lead around the PBO’s contention that the deficit could be higher than reported. Trudeau got up and recited by rote his well-worn talking points about investing in Canadians and making life better for the Middle Class™. Scheer switched to English to ask again, and Trudeau hit back about “phoney budget balance” the Conservatives delivered that hurt veterans and families. Scheer accused him of offering falsehoods about the Conservative record (which is rich coming from Scheer, whose capacity for mistruth is quickly becoming legendary) before demanding a balanced budget. Trudeau castigated the Conservative record on growth while his government oversaw growth. Scheer insisted that Trudeau inherited a good economy (not true), to which Trudeau found it curious that Scheer wanted to double down on a plan that Canadians rejected in 2015. Scheer retorted that it was Trudeau who was doubling down on a failed plan before calling him a trust fund baby, and Trudeau replied that you can’t grow the economy with cuts to services, and listed the investments they made that led to record-low unemployment. Guy Caron was up next for for the NDP, and he worried that the CRA has not recouped anything from the Panama Papers. Trudeau picked up a script to read about the investments made in CRA to combat tax evasion, and that CRA has risk-assessed over 80 percent of the 3000 identified files and that criminal investigations were ongoing. Caron switched to French to reiterate the question, and Trudeau read the French version of the same script. François Choquette worried about Canada’s climate performance, to which Trudeau, sans script, talked about putting a price on pollution and helping families adapt. Linda Duncan repeated the question in English, and Trudeau grabbed a script to list measures they have made and investments made.

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QP: Bigger deficit fears

It being nearly the last day of the season, the benches were filling up, and both Justin Trudeau and Andrew Scheer were present. Scheer led off in French, worrying about the report from the Parliamentary Budget Officer who says the deficit could be bigger than anticipated. Trudeau stood up without a script, and talked about how much better off Canadians are now and how great the economy was doing. Scheer reiterted the question in English, and Trudeau deployed his talking points about bringing up the growth rate and the lowest unemployment rate in modern records. Scheer said that Trudeau doesn’t care about spending because he came from wealth, and Trudeau hit back with the $150 billion debt the Conservatives left with nothing to show for it. Scheer tried to respond by burnishing the Conservative record and accused Trudeau of squandering the good fortunes left to him, for which Trudeau listed the ways in which cuts made to ensure a “phoney” balanced budget hurt Canadians. Scheer tried to get pointed in his retort, that Trudeau was “darn right” that they were obsessed with treating taxpayer dollars with respect before repeating his slight about Trudeau’s family wealth, and Trudeau noted that Scheer was resorting to personal attacks because he had nothing else to offer. Guy Caron was up next for the NDP, and he railed that trade deals meant that VIA Rail couldn’t prefer Bombardier for its fleet renewal. Trudeau took up a script to read that they wanted to ensure that people got the best value for money and that government interference would be bad for business. Caron changed topics to talk about the CUPW court challenge of the Canada Post back-to-work legislation, and Trudeau noted that they undid the labour law changes from the Conservatives and how they worked with labour to ensure tripartite agreements. Karine Trudel repeated the question in French, and Trudeau read that the litany of measures they took to ensure that negotiations kept going and that the recently appointed a new arbitrator to deal with the outstanding issues. Tracey Ramsey then repeated the VIA Rail question in English, for which Trudeau said that those trade deals mean that Canadian firms can access procurement in other countries.

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Roundup: A sudden dilemma for Singh

Liberal MP Raj Grewal made a surprise announcement last night, that he’s resigning his seat because of “personal and medical reasons,” which the PM later called “serious personal challenges” – a phrase that only raises the number of questions about what it could be. Aside from losing one of the best-dressed MPs on the Hill (Grewal is a frequent recipient of sartorial snaps on this blog), where this announcement gets very interesting is the bind that it places on NDP leader Jagmeet Singh.

Singh had initially stated that he wanted to run in Grewal’s riding during the next election, given that it was his riding provincially (note to non-Ontarians: in this province, the federal and provincial ridings are identical with a couple of exceptions in Northern Ontario), and for almost a year, he kept stating that he was “comfortable” not having a seat and waiting to run in that same Brampton riding in 2019. That is, until his party’s poll numbers started tanking and he realized that he needed to actually be present in Parliament if he hoped to regain any traction. (Also of note, his brother now holds the seat provincially.) But in August, Singh committed to run in Burnaby South, and has been spending some time there campaigning, and recently announced that he found a rental property there.

So this leads us to wonder – will Singh abandon Burnaby South, where he has already expended some effort and expense, or will he decide that since Brampton is now back on the map, that it’s the smarter decision to run in given his roots and history in the riding? This just as Singh learned that he’ll get the byelection in Burnaby South that he’s been (belatedly) demanding in February. So there’s a choice to make, and we’ll likely hear all about it in the coming days. (Also, expect the Conservatives to push conspiracy theories about just how “convenient” it was for Grewal to suddenly resign now, and how this must mean the Liberals really want him in the House because they think it’ll give them some kind of advantage; this line of baseless speculation was proffered on Power & Politics last night and I expect to hear it repeated in the coming days).

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QP: A bizarre question to Trump

The prime minister was present today, the third day this week, but Andrew Scheer was elsewhere. That left Gérard Deltell to lead off, asking about the announced job losses at Bombardier, and he worried about the federal loan extended to the company. Justin Trudeau took up a script to say that their thoughts were with those affected, before reading praise about the Canadian aerospace sector. Deltell moved onto Di Iorio’s planned resignation, and worried it would be too late for a by-election. Trudeau read that the member intended to resign. Deltell asked about Di Iorio’s “special mission,” and Trudeau read a similar script about how MPs are expected to work on behalf of there constituents. Mark Strahl got up next to rail about Tori Stafford’s killer, and demanded an apology to Stafford’s family for forcing them to fight the government. Trudeau read that they reviewed the medium security transfer policies and they made improvements. Strahl railed about how that was an admission that they had the power to transfer her beforehand, and Trudeau didn’t use a script this time to reiterate the same response, with added empathy to the family. Guy Caron was up next, returning to the topic of Bombardier, but was particularly concerned about its executive bonuses. Trudeau picked his script back up to read about their thoughts with the workers and yay aerospace. Caron switched to English to Rae the question again, and Trudeau responded by reading the English version of his own script. Tracey Ramsey was incredulous that the prime minister said he wouldn’t have his photo taken signing the new NAFTA so long as the steel and aluminium tariffs were in place. Trudeau quipped that Ramsey’s region was in favour of the agreement before reading about his support for the industries affected. Alexandre Boulerice got up to repeat the question in French, to which Trudeau read Boulerice’s praise for the agreement.

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QP: Performative carbon outrage

While Justin Trudeau was off in Toronto to sell his climate rebate plan, Andrew Scheer was back in Ottawa, leading the charge against the idea. And to lead off in QP, he disingenuously suggested that a carbon price would have no effect on the climate (not true), and would only raise costs for families. Dominic LeBlanc responded by touting that they have a plan and the Conservatives did not. Scheer forced a tortured trick-or-treat analogy to insist that large emitters were exempt from the plan — which is a lie — and LeBlanc reiterated his points without correcting the record. They went for another round of the same, and then Scheer reached into his bag of greatest hits to demand the true costs of the climate plan, and LeBlanc hit back that Scheer’s lack of plan wouldn’t be revealed until after the election. Guy Caron was up next for the NDP, and he railed about the concessions in the New NAFTA. Marc Garneau praised the agreement and stated that they were continuing to fight the steel and aluminium tariffs. Caron railed about the exemptions on duties for private couriers but not Canada Post, and Garneau insisted that Canadians were satisfied with the agreement. Alexandre Boulerice heard scorn on the government’s climate targets, and LeBlanc assured him that they were living up to their commitments, and noted the Nobel prize for pricing pollution, which is what the government was doing. Boulerice groused about pipelines, and LeBlanc gave more assurances of their plan.

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QP: More Mark Norman insinuations

While Justin Trudeau was in town but not in Question Period, Andrew Scheer was also away for reasons undisclosed. Candice Bergen led off on the Vice-Admiral Mark Norman issue again, demanding that the government turn over recordings of Cabinet meetings where shipbuilding contracts were discussed. Ralph Goodale got up to respond by reminding her that this is before the courts and they can’t discuss it. Bergen raised the spectre that the government was destroying records because of the Ontario Liberals did in relation to the gas plants scandal. Goodale reminded her of the Standing Orders that state that matters before the courts can’t be discussed. Bergen tried again on the same insinuations, and Goodale said that the government follows the law. Gérard Deltell got up to try again in French, and Goodale reminded him about the independence of the courts. Deltell reminded him that Paul Martin released records for the sponsorship scandal, and Goodale cautioned him that commentary like that was not permitted. Guy Caron was up next for the NDP, demanding expungements instead of pardons for former simple possession convictions. Goodale reminded him that the old system didn’t work which was why they changed it, and that they were putting in a new expedited process for those pardons. Caron asked again in French, and Caron reminded him that the expungements for when the law itself was discriminatory such as when it criminalised people for being gay. Hélène Laverdière got up next, and asked the government to apply the Magnitsky Act on Saudi officials responsible for the disappearance and possible death of Jamal Khashoggi. Chrystia Freeland assured her that they were working with partners to call for answers, but when Laverdière asked again in English, bringing up our arms sales, and Freeland gave a more pointed response about the G7 foreign minister’s statement that she led.

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QP: No answers about “Jihadi Jack”

With Justin Trudeau back in town, all of the leaders were present for QP, and most of the benches were pretty full. Andrew Scheer led off, concerned that “Jihadi Jack” was approached by Canadian officials to patriate him here. Trudeau took up a script to read that they they took terrorism seriously, and were collecting evidence to bring people to justice. Scheer asked again, more slowly, and Trudeau read the another script about travelling abroad for terrorist activity being a Criminal Code offence, but didn’t answer the question. Scheer tried a third time, and Trudeau put down the script this time to praise the work of intelligence agencies and security officials, and said they wouldn’t play politics with keeping Canadians safe. Scheer tried a fourth time, and this time Trudeau accused him of distorting events to create division. Scheer tried one last time, and Scheer accused him of grasping at straws to make Canadians feel unsafe. Guy Caron was up next, and he demanded more action on climate targets, and Trudeau read a script about all the good work they’ve done to date, taking a shot at the Conservatives and the NDP along the way. After another round of the same, Nathan Cullen took over in English, and cranked up the sanctimony as he repeated the question, and Trudeau said that while they have to do more, they are on track to meet their targets. Cullen railed again about Harper’s targets, and this time Trudeau noted that pricing pollution is part of the solution, as was investing in clean technology, citing the LNG agreement as an example of being good for both the environment and the economy.

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Roundup: Notwithstanding Ford

It was a crazy day in the state of constitutional law yesterday, as an Ontario judge struck down Doug Ford’s bill to reduce the size of Toronto city council on some rather dubious grounds, and Doug Ford responded by insisting that he would invoke the Notwithstanding Clause to ensure it passed anyway, no matter that the issue by which he’s going to use the seldom-used provision on is of dubious merit, and has all of the appearances of enacting a political grudge (while all of the “reasonable” members of his Cabinet who were supposed to keep his worst impulses in check cheer him on). It’s a full-blown tire fire.

For starters, here’s a bit of context about just what the Notwithstanding Clause actually is, and some history of its use. But what is perhaps more alarming are the number of voices who are calling on the federal government to invoke the defunct constitutional provisions around disallowance as a way of thwarting Ford – and some of that has been fuelled by Toronto mayor John Tory meeting with prime minister Justin Trudeau last night. I can pretty much guarantee you that Trudeau, however, won’t touch the disallowance powers with a bargepole, because a) the powers are defunct for a reason (in that the issues that disallowance was used on are better dealt with through the courts), and b) it would stir up such a shitstorm of epic proportions that it would be difficult to contain the political damage, and I’m not sure that Trudeau is willing to expend that much political capital for something that is really not his political ambit, and he’s likely to win most of Toronto’s seats again regardless. But if you also look at the message that Trudeau’s minister of intergovernmental affairs, Dominic LeBlanc sent out, the not unsubtle language in there is that this is a fight for the political arena, and Ontario voters will have to deal with the mess that they created, which is pretty much how it should be. It’s not going to be easy if we’re having these kinds of issues three months in, but people shouldn’t expect another order of government to swoop in and save them. That’s not how democracy works.

Meanwhile, Emmett Macfarlane walks through what’s constitutionally dubious about the court ruling, while Andrew Coyne invokes some high dudgeon about use of the Notwithstanding Clause and Ford’s thuggish populist tactics. Chris Selley reminds us that so much of this episode is because Ford is all about chaos, and he brings more of it with these tactics. Susan Delacourt, rather chillingly, wonders which will be the next premier to decide that the Charter is inconvenient for their populist proposals. And University of Ottawa vice-dean of law Carissima Mathen both writes about why Ford’s comments are so offensive to our system of laws and governance, plus offers some more context about the Notwithstanding Clause in this video segment that you should watch.

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Roundup: Effacing labour

Yesterday having been Labour Day, there were a couple of topical stories out there – that the government’s look at updating the Canada Labour Codemay look at more measures to help with work-life balance, and that there are ideas on the table to look at taxing robots who replace workers with automation (though this seems fraught with all manner of complications). There is even talk about how this government has given the labour movement a seat at the table with trade negotiations (though there is some talk about how it’s all for show, and that they have little actual impact). But all of this having been said, I found the statements by the leaders to be interesting.

https://twitter.com/MinWorkDev/status/1036629441517182984

https://twitter.com/theJagmeetSingh/status/1036677765250965504

Trudeau’s tweet was fairly standard, spoke about the labour movement, and the attached statement went into more detail about the achievements of the aforementioned labour movement. His minister of labour, Patty Hajdu, had a video message that talked about ways they are working on improving the current conditions, with a focus on harassment and coming pay equity legislation. Jagmeet Singh, true to NDP form, spoke about the focus on workers. But Andrew Scheer?

Nothing about the actual meaning of Labour Day. Nothing about the gains made by the labour movement, or the safety of workers, or the eight-hour work day, or weekends. Nope. It’s a holiday before getting “back to the grind.” Now, the previous government was no friend to labour, with vexatious legislation designed to make certification harder, impose onerous financial reporting requirements, the fight with public sector unions over sick days, and numerous back-to-work bills. But to not even mention the history of the movement and the gains made, whether it’s with occupational health and safety, weekends, pensions, anything? It smacks of pettiness, and of effacing history – you know, something he gets riled up when it’s a statue of Sir John A. Macdonald, but apparently not the Winnipeg General Strike.

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