Tag Archives: Trade

Roundup: Flippant suggestions stepping on the message – again

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There weren’t any official new developments in the SNC-Lavalin/Wilson-Raybould controversy yesterday, but we did get a few more drips of information, like how prime minister Justin Trudeau had a one-way teleconference call with the caucus in the wake of Jody Wilson-Raybould’s departure, with the main message being that he still wished her well and didn’t want her booted from caucus. Not helpful was justice committee chair Anthony Housefather who somewhat flippantly suggested that perhaps Wilson-Raybould was replaced because she didn’t speak French at a time when a great many legal issues are coming up in Quebec – only to apologise later and clarify that he said it in relation to the baseless speculation that is rampant, not because it was a serious suggestion (except he did repeat it in a couple of different interviews, but I’m sure it sounded good in his head at the time). Because this party never ceases to stop stepping all over its own message, and can’t communicate their way out of a wet paper bag. Every. Single. Time.

In the absence of any new developments in the story was looking at where various Liberals are starting to align themselves in relation to Wilson-Raybould’s current status, but that hasn’t stopped the anonymous Liberals from trying to give takes about “crossed wires” and “revisionist feelings” with benefit of the doubt going to Trudeau – or not, in other cases. Northwest Territories MP Michael McLeod points out that Wilson-Raybould’s departure means there is no longer Indigenous representation in Cabinet (expect this to be a factor in the upcoming shuffle). New Brunswick Liberal MP Wayne Long continues to break ranks and say he wants more answers, and good for him for doing his job as a backbencher properly. Oh, and PMO now apparently condemns the smack talk of other anonymous Liberals besmirching Wilson-Raybould’s record following complaints from Indigenous groups that said it was sexist and racist. Elsewhere, a number of Indigenous senators published a letter of support for Wilson-Raybould but also noted that this shouldn’t derail reconciliation, which is more than the work of one minister. (Senator Brazeau was not among them and is trying to make more hay of this).

In related matters, here’s a look at how the way in which the Ethics Commissioner undertook his examination (note that he didn’t investigation) of the matter could mean that he can end it at any point without a public report, and it’s not clear that he really has the scope to undertake such an investigation to begin with. The premier of Quebec is calling for SNC-Lavalin to get that deferred prosecution agreement, surprising no one. Here’s a look at SNC-Lavalin’s history of lobbying on the issue, and why Quebec sees the company as an asset in spite of their poor history.

Meanwhile, Susan Delacourt thinks there are lessons from #MeToo that Trudeau should be drawing from in handling this whole mess, particularly as silence remains on half of the tale. Jen Gerson thinks that it’s time to stop treating SNC-Lavalin with kid gloves, and that their demise may actually benefit a number of other companies who don’t have a history of corruption.

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Roundup: A hard Wilson-Raybould exit

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The day got off to a quiet start, with news of an emergency Cabinet meeting (via teleconference), followed by the news that Jody Wilson-Raybould had resigned from Cabinet (but not caucus), and retained a former Supreme Court of Canada justice as a lawyer to figure out what she’s able to say. Trudeau’s office later said that she informed him last night, and that Harjit Sajjan would be temporarily taking over the Veterans Affairs file until someone new can be put into the position. And people noticed that Trudeau didn’t thank Wilson-Raybould for her contributions after the fact either.

When he did face the media later in the day, Trudeau said that he was surprised and disappointed by Wilson-Raybould’s decision, and that he couldn’t understand why she made it. But as is his usual way of doing things, it was all a bit rehearsed, because he repeated those words almost verbatim in response to reporters’ questions. But he also said that if Wilson-Raybould felt like rules weren’t being followed that she should have come to him, and she didn’t. He did also say that he’s trying to figure out the options around what they can say under solicitor-client privilege because they don’t want to have unintended consequences for the two other ongoing court cases related to the SNC-Lavalin matter, which is fair and valid, but he’s already given flat denials about what was reported in the Globe and Mail initially. (Here is a more in-depth explanation of the restrictions she is under when it comes to Cabinet confidence and solicitor-client privilege, neither of which have a time-limit).

The next battleground is going to be the justice committee, which meets today, and the question is how the Liberals are going to decide to go. Trudeau is publicly saying he’s not directing them because that would be against their parliamentary role (and I will say it was mighty galling for Candice Bergen to go on TV yesterday to say that the Liberals direct what happens at committees when they are far more hands-off than the Conservatives ever were, given that they had ministers’ staff directing their committee members when they were in government). The chair, Anthony Housefather, says that he is leaning toward hearing from witnesses on the issue, but he is more likely to do so under an amended motion rather than the one the Conservatives and NDP tabled (in part because of the suggested witness list), not to mention the fact that he’s wary of the whole exercise turning into a partisan gong show rather than a non-partisan way to get some answers. But with this in mind, the Conservatives are doing everything they can to make this a partisan exercise, from Andrew Scheer tweeting out the phone numbers and email addresses of the Liberals on the committee so that people can “demand” they agree to their motion, and the fact that they are putting Pierre Poilievre on the committee as one of their “replacement” members, because “logistics” with the snow storm. It would almost sound to me like they want to do as much as they possibly can to annoy the Liberals and to turn them off from holding any kind of hearings so that the Conservatives can claim they’re participating in a cover-up. Because they would never engage in that kind of concern trolling. (Note that Scheer has also demanded that they “preserve all records” on this, because he is also pushing the narrative that the same Liberals from Queen’s Park who destroyed the gas plant files are now in Ottawa).

As for Wilson-Raybould’s departure, some of the reporting is getting a bit cringe-worthy, particularly how they keep reaching out to her father for comment. I can think of no other ministerial demotion or resignation that sought comment from their parents, for what it’s worth. As well, the fact that the reaction from Indigenous leaders as this being some kind of betrayal also leaves me a bit unsettled because it was no secret that things were not being well managed in Wilson-Raybould’s office in Justice, and the narrative seems to reinforce the notion that it’s not the quality of the job being done, only the symbolism of the person holding the office. That particular lens on what has taken place over the past few days seems to be absent, while Wilson-Raybould is tactical in her silence. Meanwhile, some Cabinet and caucus colleagues are tweeting support for Wilson-Raybould, while others try very much to walk the line.

It’s worth adding that SNC-Lavalin is in the midst of yet another criminal investigation in Quebec regarding their bid for the Cartier Bridge. This while every newspaper in Montreal is running columns wondering why the opposition wants the federal government to let SNC-Lavalin fail – something that will have impacts come the election.

https://twitter.com/InklessPW/status/1095350523933278208

Meanwhile, Anne Kinston parses Wilson-Raybould’s resignation letter, while Susan Delacourt notes the weight of the silence on what has taken place – and offers us some new information about the shuffle and the discussions with Wilson-Raybould that took place at the time. Paul Wells looks at all of the behind-the-scenes work done by SNC-Lavalin through the past few years, and the way in which they attempt to exert influence in Ottawa, and shows that this seems to be the underlying way things work in Ottawa amidst the government’s talk of a new way of doing things.

https://twitter.com/InklessPW/status/1095517895205871617

https://twitter.com/InklessPW/status/1095519163601154048

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Roundup: Welcoming (another) investigation

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And thus, the SNC-Lavalin/Wilson-Raybould drama rolls along (and don’t you dare -gate this, or I will hunt you down and hurt you). The day began on a few different developments – first, that the Ethics Commissioner said he would begin “an examination” into the matter (which everyone stated was an investigation, though for a matter that has involved the parsing of words, I’m not sure that one is equal to the other), and that the Prime Minister said that welcomed the investigation from the Commissioner (possibly because it will take seven to nine months), that he’d spoken with Jody Wilson-Raybould twice over the past couple of day and stated that when they met back in the fall, and that he told her that any decisions around the Public Prosecution Service were hers alone (in the context of the public lobbying that was being done on all sides). And more to the point, he noted that the fact that she’s still in Cabinet should be proof that what’s alleged didn’t happen, as she would have resigned out of principle if she had been pressured, per the Shawcross Doctrine, and if he didn’t have confidence in her, then he wouldn’t have kept her in Cabinet. Oh, and he would ask the current Attorney General to look into the matter of whether he could waive solicitor-client privilege, because it’s not a simple matter (which got legal Twitter buzzing again).

Of course, none of this is proof enough for the opposition parties, who are demanding that the Justice Committee study go ahead, and the meeting is called for Wednesday, though the Chair has said that he’s hesitant because of the way in which the meeting was called, and the fact that he’s afraid of it simply becoming a partisan circus rather than a useful non-partisan exercise in getting to the truth of the matter. Other Liberals, like New Brunswick MP Wayne Long, is hoping the committee does take up the matter because he’s “troubled” by the allegations, while Celina Caesar-Chavannes is coming to Wilson-Raybould’s defence in light of accusations that there is a smear campaign in the works. And as added context to what is at stake, the federal government signed $68 million in new contracts with SNC-Lavalin last year, and they have a stake in some major projects.

Meanwhile, University of Toronto professor Kenneth Jull walks through the benefits and problems with deferred prosecution agreements like SNC-Lavalin has been pushing for. Kady O’Malley’s Process Nerd column goes through procedurally what is likely to happen during Wednesday’s justice committee meeting. Lawyer Michael Spratt sardonically wonders if Wilson-Raybould couldn’t achieve any of the promises in her mandate letter because she was being held back by PMO. Andrew Coyne remains adamant that there has not been a proper denial in any of this mess, as the PM continues to step on his own messaging, like he so often does.

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Roundup: Independence and intense discussions

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As we’re still discussing the SNC-Lavalin/Jody Wilson-Raybould issue, we’ll start off with an interview with the Director of Public Prosecutions on her independence from political pressure, and why she opted not to enter into a deferred prosecution agreement with SNC-Lavalin, as well as why their quest for judicial review is foolhardy. Elsewhere, “senior officials” say that intense discussions with Wilson-Raybould on the SNC-Lavalin issue did take place, but that there’s nothing wrong with that. David Lametti took to television to say that he doesn’t see any evidence to warrant the justice committee’s investigation, but it’s up to them to decide. It also sounds like the Liberals on the justice committee are going to turn down the motion to launch an investigation, so expect more howling about this over the week to come.

While we wait for the committee, Andrew Scheer has written to the PM to demand that he waive solicitor-client privilege with Wilson-Raybould, under the ham-handed threat that failure to do so means that he has something to hide. Scheer, it has also been noted, also met with SNC-Lavalin lobbyists on their criminal charge issues and deferred prosecution agreements, but Scheer won’t say what his positions on them are.

Amidst this, there are a few more anonymous Liberal voices grousing about Wilson-Raybould in the media now, saying that she was more about herself than the team, and that she only ever showed up to Indigenous caucus once.

https://twitter.com/robert_hiltz/status/1094736733609095168

https://twitter.com/robert_hiltz/status/1094738844275097600

https://twitter.com/robert_hiltz/status/1094750943793442816

Meanwhile, University of Ottawa law professor Craig Forcese walks through the public law principles at stake, and the fact that we don’t really know just what is being implied because the terms used interchangeably in the original Globe story all mean different things, which makes the nuance of this situation inherently tricky. Keeping Forcese’s analysis in mind, Susan Delacourt hears from her “senior officials” that the PM still has confidence in Wilson-Raybould and that he plans to meet with her before the next Cabinet meeting, and they continue to dispute the account in the Globe and Mail, citing that if they had attempted undue influence that she would have resigned out of principle, and she did not.

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Roundup: Too big to prosecute?

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So, yesterday was a bit of a day, wasn’t it? To recap – the Globe and Mail published a piece that cited unnamed sources that the PMO had leaned on then-justice minister Jody Wilson-Raybould to direct the Director of Public Prosecutions to abandon the prosecution of SNC-Lavalin as part of an ongoing corruption trial (related to Libyan contracts) so that they could take a deferred prosecution agreement instead – basically a plea deal administered by the courts, which the Director had thus far refused to do. (Note: For the Attorney General to make such a direction to Public Prosecutions, it must be done publicly and published in theCanada Gazette. This is not something that can happen on a whim). The story goes that Wilson-Raybould refused, and coincidentally she was shuffled from the post weeks later. Justin Trudeau refuted this, but because he strictly said that he and his office didn’t direct Wilson-Raybould or now David Lametti on this file, everyone parsed that as not saying he didn’t apply pressure, only for Lametti and every other Liberal put out on the file later in the day to add that he didn’t direct or put pressure on them. For what it’s worth.

https://twitter.com/btaplatt/status/1093545282858614785

Now, I have questions. If the PMO applied this pressure, it would be a Very Bad Thing. And we don’t know if they did or didn’t. However. The Globe story gets out the red ball of yarn and starts pinning lines between different items on the conspiracy map, and some of those items I have a problem with being there. One of those items is that the government passed amendments to the Criminal Code that enabled there to be deferred prosecution agreements back in the spring, and one of the “sources” that the Globe taps insists that this was done solely to benefit SNC-Lavalin. And I have a problem with that. Why? Because I wrote about those provisions back when they were being debated, and I spoke to a number of lawyers who specialise in white collar crime. If this had been solely for the benefit of SNC-Lavalin, I would have expected them to say that this makes no sense in the bigger picture, but they didn’t. Instead, they said that these changes barely had Canada keeping up with other comparable jurisdictions (and in fact, some said that they still kept us behind). The consensus was that these kinds of changes were long overdue. And there is a record of government consultations about this issue that produced a report. For this to be a “direct line” doesn’t hold any water. “Oh, but they lobbied!” Of course, SNC-Lavalin lobbied. It was in their interest to do so. That’s not a revelation, nor is it any indication that the government actually listened to them. They’re also trying to get judicial review of Public Prosecutions’ decision not to offer them a deferred prosecution, but that doesn’t mean they’ll get it either. We also need to remember the size of SNC-Lavalin, and how many thousands of jobs and billions of dollars they have on the line, particularly in Quebec, and if any party thinks that they’d “get tough” on them with that on the line, they’re deluding themselves. (This is part of the problem with oligopolies in Canada).

https://twitter.com/robert_hiltz/status/1093504225944965122

There is also the point about Wilson-Raybould in this. Many people, pundits included, are suddenly treating this story as some kind of exoneration for her demotion, and ignoring the fact that there were very real reasons for why she was replaced, many of which had to do with the fact that she wasn’t managing her office competently, and she was making questionable staffing choices in her own office. I have my own unnamed sources in the legal community who can point to her incompetence, and this is now being swept under because she’s suddenly being hailed as a hero – which is another reason why I have some suspicions about the source of this story (and why she hasn’t been in a hurry to offer any denials, only a “no comment”). The Globe story and its reporters are also trying to draw a line in her post-shuffle release about the justice system being free from political interference, but again, this was also taking place in the backdrop of the Meng Wanzhou extradition affair, and questions about the rule of law clanging around, so again, I have doubts that there is a direct connection.

So what next? Well, we can expect another few days of communications incompetence from Trudeau and the government because that’s what they do every single time something blows up on them, and eventually they’ll be forced to be more candid, but by then, everyone will have parsed everything to death and filled in the gaps with their own wild theories. Because this is a government that can’t communicate their way out of a wet paper bag, and they make things worse for themselves every single time. There are demands for a police inquiry or a full public inquiry, but I have my doubts that Trudeau would call one so close to an election – but stranger things have happened.

Meanwhile, Chris Selley points to the shocking levels of cynicism that this whole story displays, while Susan Delacourt notes that the silence around Wilson-Raybould is allowing the “ring of truth” to overshadow a more complicated actual truth (and also hints to possible morale problems in the Liberal caucus). Paul Wells offers some withering analysis of what’s gone on with this, and the way this is reflecting on certain senior PMO staff, which could be a growing problem.

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QP: Whacking and managing

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Monday on the Hill, and the prime minister was present, but Andrew Scheer was not. Candice Bergen led off, and she demanded to know why Adam Vaughan was not fired from his parliamentary secretary role for his tweet about “whacking” premier Ford. Justin Trudeau said he would get to the question in a minute, but wanted to first pay tribute to the late Auditor General, Michael Ferguson. Bergen said that there would be time for that during ministerial statements, then reiterated the question. Trudeau said that Vaughan had apologised and they were endeavouring to keep debate civil. Bergen tried again, and got the same response. Gérard Deltell was up next to offer his usual questions about the deficit, and Trudeau dutifully recited his memorised talking points about investing in the Middle Class™ over Conservative cuts. Deltell tried again, and Trudeau reminded him they cut taxes. Guy Caron was up next for the NDP, and he demanded to know why oil and gas subsidies were not yet cut, and then railed about the Trans Mountain pipeline, repeating the misreading of the PBO report. Trudeau noted that they were honouring their commitment to cut those subsidies by 2025, and they were balancing the economy and the environment. Caron railed that the government wasn’t doing enough, and Trudeau rattled off the government’s many environmental measures. Murray Rankin took over in English to make the same environmental demand, and Trudeau reiterated his responses in English. Rankin tried again, and Trudeau lectured him that it was irresponsible not to get a proper price for oil while they needed to make investments in renewables. 

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QP: Demanding a tax pledge

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Another snowy day in Ottawa, and things got back underway in the new Chamber, with numerous statements of remembrance for the Quebec City Mosque shooting two years ago. While Justin Trudeau was present today, Andrew Scheer was not, preferring to tweet instead about Google search results he didn’t like. That left Lisa Raitt to lead off, raising the case of Vice-Admiral Mark Norman, and allegations that Scott Brison was withholding personal emails from the courts. Trudeau stood up to read that they were respecting judicial independence and would not comment. Raitt tried again, calling it a “concerning cover-up,” but Trudeau’s response did not change, only he recited the lines from memory. Raitt then moved on to a homily about affordability and wanted assurances that the government wouldn’t raise taxes. Trudeau assured her that they were cutting taxes for the Middle Class™ while they were growing the economy. Alain Rayes took over in French to demand a balanced budget with no tax hikes. Trudeau deployed his lines about growing the economy and helping the Middle Class™. Rayes tried again, and this time Trudeau insisted that they lowered taxes and would not raise them, while the Conservatives preferred tax cuts for the rich, when “trickle down economics doesn’t work.” Peter Julian led off for the NDP, accusing the PM of misleading the House on housing stats. Trudeau delivered some pat lines about their National Housing Strategy that has helped a million Canadians so far. Julian name-dropped the riding of Burnaby to demand new affordable housing, to which Trudeau cautioned him against maligning the refurbishment of existing housing which ensures Canadians have safe and affordable places to live, which is what they were ensuring. Brigitte Sansoucy went into a paean about personal debt and affordable housing, and Trudeau deployed more talking points about the investments they made. Sansoucy then said that he didn’t consider seniors in his response, to which Trudeau deployed his standard talking points about increasing the GIS.

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Roundup: McCallum out

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On Friday night, Justin Trudeau asked for and accepted John McCallum’s resignation as the ambassador to China, not offering specifics as to why, but offering praise of his years of service. The narrative emerged a little later over the weekend that his comments were “unhelpful” in releasing those Canadians detained in the country, and some said that it sent “inconsistent” messages to China (though I’m not sure that’s entirely true – we may be following the rule of law, but if the Americans withdraw their extradition request, that would resolve the situation, and we can’t pretend that extradition requests in Canada aren’t inherently political). Of course, this is also that whole dynamic of what can be said in private versus public, but there you go. Choosing a replacement will also be tricky business, and there are those who say it needs to be a senior bureaucrat who speaks Mandarin, but we’ll see if Trudeau seems to think another political appointee is his preferred route.

Andrew Scheer was quick to rush out and say that it was too late, that he should have been fired at the first instance, which is a bit rich considering that Stephen Harper’s usual practice was to conspicuously ignore these kinds of eruptions, shrug them off, and only months later would he quietly shuffle that person out of whatever job they were in, so that he didn’t look like he made a mistake in appointing them to the job in the first place.

Susan Delacourt hears from her PMO sources that nobody was happy with McCallum’s ouster, and that while they could walk back on comments once, they couldn’t do it a second time. Paul Wells goes through all of the other questions that McCallum’s ouster raises, not only with the state of the Meng incident, but also on the broader foreign policy objectives of this government, and what is left standing from the vision they outlined two years ago.

https://twitter.com/InklessPW/status/1089321523926786048

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Roundup: Feelings over civics

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Over the course of the weekend, I’ve been giving a great deal of thought to the Supreme Court of Canada’s decision in Frank v. Canada (Attorney General), 2019 SCC 1 – the decision about expat voting rights – and I still can’t bring myself to conclude that they the majority got it right. I’ve read over the decision and found myself greatly annoyed by the fact that majority simply shrugged off the very real issue of constituencies and local elections, and that in his concurring reasons, Justice Rowe mentioned them but shrugged them off. And while people will criticise the reasoning and analysis employed by the dissent from Justices Coté and Brown, they at least did pay particular and necessary attention to the issue of constituencies as it relates to our system – and the rationale for the five-year limit (in that it is the constitutional maximum length of a single parliament). And I can’t let this go, because five of seven justices of the Supreme Court failed to properly understand the importance of constituency-based democracy (and I think the Attorney General’s office also bears a particular amount of responsibility for not making the case adequately either).

To reiterate – we vote for local representatives. We don’t vote for parties, or party leaders, no matter what we may have in mind when we go into the ballot box – we mark the X for the local candidate, end of story. For an expat, it’s not the connection to Canada that should be at issue – it’s the connection to the riding, because that’s how we allocate our votes. The dissenting judges got that, but the majority and virtually all of the commentary I’ve seen on the matter ignored it, despite it being the first principle of our electoral system. The Attorney General focused on the “social contract,” which the majority decision hewed to, and there was a lot of talk about feelings and “progressive enfranchisement,” but feelings are not how we allocate votes in this country. Ridings are, and as warm and fuzzy as you feel about Canada, it’s the riding that ultimately matters. I feel like we’re rewarding civic illiteracy on a grand scale with this decision.

To that end, here’s Leonid Sirota offering his analysis of the decision, and University of Ottawa law professor Mike Pal’s thoughts in this thread. And here’s Emmett Macfarlane to pick apart the decision further (though we will disagree on the outcome).

https://twitter.com/EmmMacfarlane/status/1083740974008815617

https://twitter.com/EmmMacfarlane/status/1083743192225177601

https://twitter.com/EmmMacfarlane/status/1083744829278871552

https://twitter.com/EmmMacfarlane/status/1083745335044755456

https://twitter.com/EmmMacfarlane/status/1083747918736023552

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Roundup: Brison’s long farewell

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It was a bit of a surprise yesterday morning, as Treasury Board president Scott Brison announced that he was resigning his cabinet position because he decided that after 22 years in elected politics, he had decided he wasn’t going to run again this fall. His reasons were mostly that it was time for something new, and the fact that he now has a young family – something that was largely inconceivable when he first got into politics, then as a Progressive Conservative – though that hasn’t stopped everyone from speculating that this has something to do with the upcoming trial of VADM Mark Norman, given that Norman’s lawyers are trying to insinuate that Brison had tried to politically interfere with the procurement process for the interim naval supply ship. (Brison denies this, and he’s not the one on trial, but here’s a thread on what this decision means on his ability to testify). One can’t also help but noting that this will be a bit of a blow for Trudeau as well, as one of his most experienced and competent ministers will be leaving the Cabinet table, and that will matter given the fact that there are still too many ministers that haven’t quite grown into their responsibilities yet.

This, of course, means that we’re now fully into Cabinet shuffle speculation, given that there is one coming on Monday to replace Brison. Every other member of Cabinet, save Jody Wilson-Raybould, has confirmed that they plan to run again in the next election (and Wilson-Raybould likely will as well – she was out of the country and didn’t respond to questions), so it’s unlikely that anyone else will be dropped at this point, particularly given the last shuffle wasn’t too long ago, so it’s an open question as to who will be tapped to replace Brison, and who will take the Treasury Board file.

On a personal note, Brison played a big part in my early days on the Hill, when I was writing primarily for LGBT outlets. When I was the Ottawa correspondent – and later political editor – for the now defunct Outlooks magazine, I had a monthly segment where I would ask Brison, Senator Nancy Ruth, and NDP MP Bill Siksay (later Randall Garrison after Siksay retired) a question every month to get queer perspectives from the three main parties, and that helped me to grow into the journalist that I am today. He was always generous with his time, and incredibly patient with my rookie status, and I will forever be grateful for that.

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