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):

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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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QP: Bringing in Anne McLellan

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

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Roundup: Objections to the waiver

At first it seemed like today was going to be the big day. Jody Wilson-Raybould had agreed to meet the justice committee to tell “her truth.” On his way into Cabinet, Justin Trudeau said he was “pleased” that she would be able to appear at committee. The committee agreed to give her the thirty minutes she requested off the top instead of the usual five or ten for an opening statement. Some MPs wanted to try and get the hearing moved from after QP to beforehand (never mind that it’s when all of the parties hold their caucus meetings) in order to be able to ask the PM any questions that might arise from the testimony. And then, surprising probably nobody who paid attention, Wilson-Raybould sent another letter to committee, expressing her “concerns” that the Order in Council that waived solicitor-client privilege wasn’t enough for her to tell the full story.

At this point, it’s starting to feel like a game – that Wilson-Raybould’s attempt to keep controlling the narrative is running out of runway, given that Michael Wernick called her out and Justin Trudeau went and waived solicitor-client privilege (unnecessarily, if you listen to some of the legal commentary out there), and now she’s trying to sow doubt that she’s still not completely free to speak, in order to keep up the narrative that she’s the victim or the hero, distracting from her poor record as justice minister. And it’s starting to feel like the more song and dance that she keeps putting up in order to keep from speaking, the less there is to what she has to say. But maybe I’m getting cynical after a decade on the Hill.

Meanwhile, former litigator Andrew Roman takes a deeper look into the portents of doom for SNC-Lavalin if they were subject to prosecution and even a ten-year ban from federal contracts, and finds them to be less dire than advertised, which makes any alleged wrongdoing by the government to protect them all the more baffling.

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Roundup: An untenable position?

So, the SNC-Lavalin/Jody Wilson-Raybould drama didn’t stop, and throughout the day, we saw Wilson-Raybould release another statement that simply said that she wouldn’t answer any questions because of solicitor-client privilege (which had legal Twitter debating what exactly that means), and the PMO putting out a statement that she was the one who approached the PMO about SNC-Lavalin, and that Gerald Butts told her to talk to the Clerk of the Privy Council. (Here’s a good background primer in case you’re late to the news).

For the opposition reaction, Andrew Scheer demanded that the Commons justice committee look into the situation (and they will apparently meet to determine this next week, which isn’t a sitting week), while the NDP called on the Ethics Commissioner to open an investigation (and I’m not sure this would be in his purview, but who knows – it’s possibly that Mario Dion will read is mandate so broadly as to insert himself, just like Mary Dawson read her mandate so narrowly so as to exclude herself on most occasions). This said, I have my doubts about what the justice committee could reasonably do, because it will devolve into a complete partisan circus, as it so often has. Of course.

Because they are the centre of attention in all of this, here’s a bit about SNC-Lavalin – that they’re the “jewel of Quebec” apparently, and there’s a lot of political pressure to protect them from their past misdeeds. And as Paul Wells explains, they have been hard at work on cleaning up their image – and their operations – because these misdeeds are going to cost them dearly if they don’t get some kind of deferred prosecution agreement. And none of this lobbying to get such an agreement was underhanded either – it was all out in public, with YouTube and newspaper campaigns. And lo, late Friday afternoon, it appears that they may have been able to strike some kind of deal with the Director of Public Prosecutions (and no doubt this will be seen as a case of suspicious timing, and the Liberals will step on their own lines over this. Again).

And then there’s Wilson-Raybould, and trail of breadcrumbs she has been leaving with her very convenient silence (all of which has only served to burnish her image now that people are suddenly calling her a hero that stood up to the PMO, and the very real issues about why she was shuffled out of that portfolio are set aside). Amidst it, her father has been inserted into the media narrative, which makes this all the more odd. But in the meantime, here’s some legal analysis of the solicitor-client privilege issue, and what constitutes direction – including the very real notion that if she had been unduly pressured that the proper thing to do would be to resign in protest. That is going to become a tough question for her in the days ahead, as is the question about whether or not she is in an untenable position now, given the suggestion that she brought up the issue in some capacity (though we still don’t know in what capacity that discussion was had), not to mention the tensions in Cabinet around this whole incident – though she also knows that Trudeau can’t summarily dismiss her without risking even worse optics. It’s a real quagmire.

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Meanwhile, Chantal Hébert says we need some kind of explanation from Wilson-Raybould, which includes why she didn’t resign in protest if she was indeed improperly pressured, while Andrew Coyne says this scenario could determine whether or not this government believes in the rule of law after all. Martin Patriquin notes that while none of this appears to rise to the level of the Sponsorship scandal, it nevertheless starts trading on old stereotypes in Quebec, which could be poison for the Liberals.

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Roundup: Scheer’s own personal Brexit idea

You may have heard the Conservatives making a big push over the past couple of weeks about promising that they would bow to Quebec’s wishes and let them have a single tax return (as in, surrender the federal authority to collect income tax in the province, as opposed to Quebec returning to the system that every other province uses by which the federal government collects all taxes and turns over their provincial share). While the Conservatives portray it as a simple administrative change, and that there wouldn’t even need to be any job losses – just put those 5000 CRA employees in Quebec to work on tax evasion! – it’s really a lot more complicated than that. While Alan Freeman wrote about the history and why it’s naked pandering to Quebec, tax economist Kevin Milligan walks through the complexity, and quite tellingly, notes that this is a Brexit-like proposal from Scheer – bold idea, no proposal of how to implement it. And yes, that is a problem.

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QP: A gaffe and a gotcha

A very a sloppy Tuesday in Ottawa, and the prime minister was present for QP; Andrew Scheer was again absent. Alain Rayes led off, and he launched into an attack against Justin Trudeau because he ruled out a single tax return for Quebec. Trudeau stated that they would defend Quebeckers, including the 5000 people working for CRA in the province. Rayes disputed that this was about jobs, but Trudeau did not let up on that point, and asserted that it meant that the Conservatives didn’t understand the issue. Pierre Poilievre led off with the usual attacks against the prime minister’s family fortune, before railing about the deficit, to which Trudeau reminded him that his assets are in a blind trust, and that it was noteworthy that the Conservatives didn’t ask the previous question in English, because it showed that they weren’t afraid to beggar certain provinces. Poilievre repeated “blind trust” and spun it into an attack that he wanted Canadians to blindly trust him while he ran up the deficit. Trudeau noted that the Conservatives were content to give benefits to millionaires while he was focused on the Middle Class™. Poilievre accused him of class warfare, to which Trudeau reminded him that low income families don’t pay taxes, which he quickly corrected to them not benefitting from non-refuneable tax credits when they don’t pay taxes, before he praised the Canada Child Benefit. Guy Caron was up next for the NDP, and demanded a national pharmacare plan, to which Trudeau picked up a script to read about their advisory council coming up with a report on implementation. Caron railed about private insurance and corporate profits, to which Trudeau reminded him that they didn’t have the report, so they were simply engaged in fear-mongering. Don Davies repeated the question in English, to which Trudeau read the English version of his script. Davies repeated the point about private profits, to which Trudeau accused him of grasping at straws.

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Roundup: The myth about the tweet

At a townhall event in Surrey, Andrew Scheer made a very big deal about the border and the “integrity” of our immigration system. At the centre of it is his invention is the mythology that the #WelcomeToCanada tweet two years ago somehow opened the floodgates. It’s ridiculous on its face, and it ignores the context during which that tweet happened – the recent election of Donald Trump, and the talk of the “Muslim ban” that was ramping up tensions and causing a spike of panic among asylum seekers and refugee claimants in the States, as well as a demonstrable rise in hate crimes. And we can’t forget that within days of this tweet, the Quebec City mosque shooting happened, from which there was a direct correlation drawn to the rhetoric of Trump and his surrogates around Muslims. Trudeau was attempting to take a different approach, and to highlight the decision to bring over Syrian refugees when Trump and his surrogates were insisting that it would be bringing in terrorists (recall the “poisoned Skittles” meme), but Scheer is choosing to ignore all of this.

And then there’s the entire mischaracterisation of the immigration and refugee determination systems, and the very deliberate conflation of the two. They’re separate, and are resourced separately, which makes the constant attempt to portray asylum seekers as somehow disadvantaging “legitimate” immigrants a deliberate attempt to turn immigrants against refugees and asylum seekers. Scheer will then insist that he’s not anti-refugee – that he’s met people in refugee camps who don’t understand why other people can cross the border and “jump the queue” – except of course that there isn’t an actual queue, but rather a process. In fact, those in the camps are usually chosen for resettlement by the UNHCR, and often done by private sponsorship – something that Scheer is a big fan of. In fact, during the Harper era, they reformed a lot of the refugee system to try and offload as much responsibility for resettlement onto the UNHCR, and to more heavily weight private sponsorship over government. (Note that Maxime Bernier is making a big deal about taking more responsibility for refugee determination away from the UN, which could create a wedge, or push Scheer to up his tinfoil hattery around the UN’s processes). Again, asylum seekers who cross the border are separate from those processes, and don’t have the same system impact, because it’s not Canadian officials doing most of the work. It’s another artificial dichotomy that ignores the context of the situation of these asylum seekers and seeks to again create divisions between people involved in those separate processes. Nothing about refugee claimants or asylum seekers is actually impacting the “integrity” of the immigration system – it’s a false dichotomy.

But it’s a wedge, and one built on lies, which is what Scheer is hoping for. Is there a cost to asylum seekers? Yes, absolutely. But we also need to remember that Canada is getting off extremely lightly by sheer virtue of our geography, surrounded by ocean on three sides and the US border on the other, which filters out the vast majority. Scheer shouldn’t expect sympathy from anyone about the influx we’ve seen (which, I remind you, is not out of step with historic norms). In a world facing a migrant crisis, with more displaced people since the Second World War, there are far more who would argue that Canada isn’t doing enough, and telling lies to make it look like we’re under siege because of a single tweet is more dangerous than he realizes.

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Roundup: Getting mad at algorithms

While the Conservatives spent their day in the House of Commons using their Supply Day motion to lay an unsubtle trap for the Liberals – demanding that they table a balanced budget and a written pledge to not raise any taxes, certain that the Liberals would defeat it so that they could turn around and say “See! Look! Trudeau is planning to raise your taxes!” – Andrew Scheer spent his afternoon getting angry at Google’s search algorithms.

The problem (other than the dangerous level of computer illiteracy) is that this was something that originated on a reddit thread that Scheer immediately latched onto.

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Despite the afternoon of tweets pillorying Scheer and mock Google searches that put his image up for searches like “People who will never be prime minister,” it does actually score a deeper underlying point about this kind of virtue signalling over social media.

And this is part of the problem – we’ve seen this before with the issue of the UN global compact on migration, that Scheer started adopting tinfoil hat conspiracy theories to try and reclaim those votes that are suddenly gravitating toward Maxime Bernier. (I’m also not unconvinced that part of this Google search panic is some leftover James Damore “Google is full of social justice warriors!” drama that inhabits certain corners of the internet). The creation of this kind of alternate reality of conspiracies and lies that that they then turn into attack campaigns against media who fact-check and debunk their false claims, is them playing with fire. Making people believe disinformation may seem like a good idea to win a few votes in the short run, it has very long-term negative consequences that they seem utterly blind to. And yet, this is their current strategic vision. No good can come of this.

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Roundup: Sixty-nine day countdown

The House of Commons comes back on Monday, in the new chamber in West Block, and with an election on the horizon. That means it will soon be a frantic scramble to get bills passed before June arrives, and there are a lot of constituency weeks between now and then. The count is sixty-nine sitting days officially left on the calendar, but from that you need to remove a prescribed number of opposition-controlled Supply Days, plus the budget. Add to that, more days will need to be subtracted for bills that the Senate will send back to the Commons – and there will be bills they will send back, and that will eat into the calendar – especially in the final days of the sitting in June, when everyone wants to go home.

The agenda still has a number of big items on it, with Bardish Chagger having identified their poverty reduction bill, the reform of the Divorce Act, and the bill to eliminate solitary confinement in federal penitentiaries – and that could prove the most difficult because there have already been judges weighing in on what they’ve read and they’re not impressed. That could set up for more back-and-forth from the Senate if they don’t make enough of the big fixes to that in the Commons sooner than later.

And the Senate really is going to wind up being the spoiler or the wildcard in all of this. They’re already underwater on their Order Paper, and the Chamber will be late in returning from the break because of the construction delays, and there has been very little movement from most of the committees on getting back up and running now, in order to make progress on the bills that are before them. (In one case, where the bill is highly contentious, the Conservatives have not been cooperating because the Independent senator who chairs the committee has basically been doing the bidding of the Government Leader in the Senate – err, “government representative,” Senator Peter Harder, so they wanted to send a message). The national security reform bill, sat at second reading for the entire fall sitting when it should have spent far more time at committee given how extensive and far-reaching the bill is. They need some serious adult supervision to get them back on track, and I’m not sure where that’s going to come from, so we’ll see how this plays out over the next few weeks.

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