Tag Archives: Trade

Roundup: Trying to make a garbage bill relevant

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

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

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QP: Tough talk about libel suits

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While Justin Trudeau was in town, he did not show up for QP today, but Andrew Scheer was present, and he led off, reading some wounded lines about the prime minister’s decision to sue him for libel, and demanded to know when the court action would begin — as though it were up to them to set a court date. Bardish Chagger reminded him that his defamatory words have consequences, and noted that he didn’t repeat those same statements in his press conference, and wondered if he deleted any of his tweets. Scheer said he hasn’t, proclaimed that he stands behind his words, and then in French, repeated his question. Chagger, in French, pointed out that he did delete defamatory tweets and reposted edited versions on a number of occasions. Scheer listed times when he claimed the prime minister didn’t tell the truth, and Chagger again pointed out to his tendency to delete and editing misleading statements over Twitter. Scheer tried one last time, and this time, Chagger pulled out the fact that Scheer didn’t delete any tweets from the rally he attended with Faith Goldy. Scheer called it a despicable attempt at deflecting from the scandal, and said they denounce hateful ideologies while standing up for energy workers. (Err, except they haven’t, and haven’t explicitly called out the rhetoric at that rally, and he’s personally contributed to pushing the UN conspiracy theories that fester in that movement. But hey, he says he’s denounced it). Chagger repeated that Scheer changed statements when he was served notice, but wouldn’t denounce Goldy. Jagmeet Singh was up next, and demanded that the government promise not to interfere with the decisions of the top prosecutor, and Chagger reminded him that the committee looked into this, and there was no possibility of political interference. Singh listed the demands from the legal community for investigations and demanded a public inquiry, and Chagger reminded him that the committee did its work. Singh then demanded action against plastic pollution in French, and Catherine McKenna listed actions that they have taken to date. Singh repeated the question in English, and got the same response.

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Roundup: And now the lawsuits

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

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

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

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Roundup: A list of demands

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It was another day full of plot threads in the ongoing Double-Hyphen Affair and its associated fallout, and boy oh boy was there some overwrought rhetoric throughout the day. First up was the release of that memo that the Deputy Minister of Justice apparently wrote for PCO about DPA but was blocked by Wilson-Raybould from being delivered, and it outlined areas where SNC-Lavalin may still be able to bid on federal contracts if they did not get a DPA and was convicted. Wilson-Raybould claims she don’t recall blocking the release, and said that Michael Wernick should have taken her word that she considered it. (Kady O’Malley’s Process Nerd column adds this to the list of unresolved plot points in this Affair). Following this was the Daughters of the Vote event, where a number of the attendees walked out on Andrew Scheer, and others stood up and turned their backs to Justin Trudeau in solidarity with Wilson-Raybould and Philpott. Trudeau also took a number of questions from the attendees, and many of them were not friendly. Before Question Period, Philpott and Wilson-Raybould scrummed on their way into the House of Commons, Philpott saying that trust was a two-way street, and Wilson-Raybould said that interference in a prosecution was “unconscionable,” echoing Trudeau’s words, and that she made the recording to protect herself from “danger.” And then came QP, which was largely 45-minutes of policing each other’s feminism. Because of course it was.

And then came the inevitable bombshell. It’s starting to feel like this is becoming a daily occurrence, this little game of tit-for-tat, where those anonymous senior Liberals leaked to both the Star and CBC that there had been weeks of negotiations between Trudeau’s office and Wilson-Raybould on what it would take for them to end their rift, and Wilson-Raybould had a list of demands, which included firing Gerald Butts and Michael Wernick (done), an apology of some sort, and assurances that David Lametti would be instructed not to override the Director of Public Prosecutions on the SNC-Lavalin file – and it’s this one that’s pretty problematic, because it sounds an awful lot like she wants the prime minister to interfere in the decision of the Attorney General on an ongoing prosecution. One might say it’s political pressure – especially given the continued media leaks and dribbling of information. If these negotiations are true, it could explain why it took Trudeau so long to come to the decision to oust them, but even then, it all starts to feel like a bit of a bad play where the threat is brand damage, and a calculation that it’s survivable in the face of other options. I guess we’ll see what the rebuttal to this will be. And the subsequent rebuttal. And so on.

Chantal Hébert notes that wherever Wilson-Raybould and Philpott wind up, they would find that most other parties have their own internal divisions as well. Emmett Macfarlane thinks that if the decent people in the PMO and among the Liberal caucus had simply exercised some self-reflection, the expulsions would not have been necessary. Sarmishta Subramanian looks at some of the odd media narratives that have emerged throughout this whole Affair, where some cases see the media doing the spin for the parties without them even bothering to.

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Roundup: The ouster of the dissidents

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

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

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

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

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QP: Assurances that the system works

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While the PM had initially promised to be in QP today, he cancelled earlier in the morning, leaving Andrew Scheer to square off against another front-bencher — likely Bardish Chagger. Scheer led off in French, mini-lectern on desk, and went through previous statements of the PM on the Double-Hyphen Affair and demanded the truth on the matter. Chagger reminded him that everything was in public and people could make up their own minds. Scheer tried again in English, and got the same response in English. Scheer read that nobody bought the prime minister’s line, and he read statements from the transcript of the Wilson-Raybould/Wernick call, to which Chagger reminded him the committee heard testimony in public. Pierre Paul-Hus took over in French to accuse the justice committee of being obstructionist, and Chagger reiterated that all of the facts were now public and the system was working. Paul-Hus listed the staffers who the committee hadn’t heard from, and Chagger repeated that everything was in public, and that the prime minister already took responsibility. Ruth Ellen Brosseau led off for the NDP, and read a defence of Wilson-Raybould’s decision to record the conversation with Wernick and turned it into a question about not standing up for women. Chagger calmly repeated that all of the facts were now public, and accused the NDP of playing politics. Brosseau then read a demand that the PM visit Grassy Narrows immediately, and Seamus O’Regan responded that they were moving ahead with building the health facility there. Charlie Angus then self-righteously demanded the PM personally call the chief of Grassy Narrows to apologise personally, and O’Regan said that he was going to meet the chief personally to ensure they would move ahead with the health centre. Angus then thundered sanctimoniously about the recorded call, and Chagger remarked that in their own caucus, they allow robust discussion.

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Roundup: The caucus question

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The question of the future of Jody Wilson-Raybould and Jane Philpott in the Liberal caucus is a very live question as sentiment seems to be turning against them – though one imagines that Wilson-Raybould’s ouster is probably of bigger concern to most Liberals given the revelation of the tape she made of her conversation with Michael Wernick. Apparently, the various caucus chairs have been meeting, and pushing for an emergency caucus meeting before the regularly scheduled Wednesday meeting to try and resolve the issue before then. Some of them want a declaration from the pair that they support the leader before they will consider letting them stay – and Wilson-Raybould would not give that when scrummed after QP yesterday, saying she believes in the party and what it stands for, but would not give any assurances about the leader. (She also scoffed at the idea of resigning, insisting that she was doing the best job she could). Of course, the fact that she made the secret recording means that she has broken the trust of colleagues, even though she has made the excuse that Wernick was neither a member of caucus, nor her client. (I would add that it doesn’t explain her conduct during that call, which contained a number of irregularities, leading questions and directed conversation in search of quotes). There are questions still about Philpott, and where she will position herself since the release of the tape, and some Liberals have suggested that perhaps she was “used” by Wilson-Raybould. (And one has to wonder if the tape would change her own notions about her support for Wilson-Raybould).

I have to say that I’m struggling on the question of whether or not Wilson-Raybould should remain in caucus, because while I believe there is room for dissent, and even for MPs who don’t support the leader – because it’s a gods damned political party and not a personality cult – I also find that the tape causes me a great deal of concern for the reasons articulated above, as do the opacity of her motivations for behaving in the way she has, particularly around the tactical use of silence on something that you would think she’s be pulling the fire alarm over if it was what she is hinting. Too many things don’t add up, which is both distressing and exhausting for someone trying to understand what is going on. I get that there are Liberals with battle scars who don’t want a replay of the Chrétien-Martin years (or the Dion-Ignatieff wars, or even Turner-Trudeau Senior if you want to go that far back), and there is the worry that Wilson-Raybould’s presence in caucus will be a potential source of internecine warfare that Liberals apparently excel at, or that Trudeau should be putting some metaphorical heads on spikes to reassert his dominance, or any of that, but again, this is a political party, not a personality cult. This is not and should not be Trudeau’s party, but there is a live question about the damage she has done to the party and its chances in the election given the way that this has rolled out, and members of caucus will need to consider that. It’s not an easy task, and they should think carefully, because expelling those two could create bigger narrative problems for them in the longer term. But it’s also not up to me to decide (and I’m not one of those journalists who enforces caucus loyalty), so I await to see what everyone in the caucus room decides.

Meanwhile, the Conservatives decided that their next pressure tactic would be for Pierre Poilievre to “filibuster” the budget debate – err, except it’s not really a filibuster because it can only take place during the time allotted for government orders, and the Standing Orders limit the budget debate to a maximum of four days, those days being at the government’s choosing. So essentially, Poilievre is holding himself hostage, and by him taking up all of the speaking time over those four allotted days, he’s essentially ensuring that nobody else has to prepare a speech of their own, so all of the MPs on House duty can simply spend their time doing paperwork at their desks while he carries on. So…I’m not sure what exactly the Conservatives are hoping to accomplish. It’s another ill-conceived move by a caucus who mistakes tactics for strategy.

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QP: The “proof” of the tape

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The first day back after a week away, the release of the tape, and with the federal carbon price backstop now in effect, it was likely to be a complete dog’s breakfast in QP, but none of the leaders were present to take part — Justin Trudeau meeting with the president of Israel, and Andrew Scheer in New Brunswick to shake his fist performatively at said carbon price. Candice Bergen led off, saying that the tapes “proved” that there was orchestrated pressure on Jody Wilson-Raybould, and said that since she couldn’t ask if the prime minister lied so she tried to word around it — and got a warning from the Speaker. Bardish Chagger reminded her that the prime minister took responsibility, the justice committee held five weeks of hearings, and everything was in public, and the Ethics Commissioner was investigating it. Bergen demanded the truth from the prime minister, and Chagger largely repeated the response. Bergen demanded that the prime minister instruct the justice committee to reopen the investigation, to which Chagger said the committees are independent and the system is working. Alain Rayes took over in French, repeated that the tapes “prove” interference, and demanded the truth. Chagger reminded him that they always tell the truth, and that it all happened in public so that people could hear for themselves. On a repeat of the same, Chagger said that the opposition hasn’t been listening to witnesses. Peter Julian led off in French for the NDP and demanded a public inquiry, and Chagger listed off the work of the committee and the Ethics Commissioner. Julian switched to English to repeat his demand for a public inquiry, and Chagger reiterated her response. Georgina Joilibois raised the issue of the Grassy Narrows protester at the Liberal fundraiser last week, to which Carolyn Bennett reminded her that they are working with the community and are moving forward on the promised health facility, and capped it off with a shot at the Conservatives. Brigitte Sansoucy repeated the question in French, demanding the PM visit Grassy Narrows immediately, and Bennett read the French version of her previous response.

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Roundup: Wilson-Raybould’s recorded call

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

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

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

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

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

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

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

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

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Roundup: Competing leaks

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And now we’re into competing leaks. In the Globe and Mail, we got another leak from a “mysterious” source that posited that Jody Wilson-Raybould was trying to elevate Justice Glenn Joyal to the Supreme Court of Canada because she apparently felt the LGBT community wouldn’t be receptive to presumptive heir Justice Richard Wagner (now the Chief Justice) for what I assume was a trumped up reading of his not inviting LGBT groups to present at the Supreme Court in the Trinity Western case (which is pretty absurd), and because she wanted Joyal’s successor at the Court of Queen’s Bench to be a Métis judge. In other words, it was trying to burnish Wilson-Raybould’s progressive credentials in light of the prior leaks attempting to make her look more of a social conservative (as though one didn’t need to look too hard at her record to see signs of it). Because hey, why not keep up leaks that damage the perceptions around Supreme Court of Canada appointments? Way to go, team! (And before anyone gets too self-righteous, don’t forget that in 2014, Stephen Harper leaked the six names he was considering when he named Justice Marc Nadon to the bench, and putting words in the mouths of the MPs who served on the “selection” committee at the time, knowing full well that they couldn’t respond).

And then come the denials. Wilson-Raybould and PMO each denied that they were the source of any of the leaks, and Wilson-Raybould (who submitted her additional materials to the justice committee on Tuesday afternoon) said there should be an investigation into who was leaking these Supreme Court deliberations. Lisa Raitt tried to insist that it should be the Federal Judicial Affairs Commissioner who should investigate, and he quickly wrote back with a giant nope, citing that he has no mandate to do any such investigations. Which leaves us with who for an investigation? The RCMP? Yet another demand for a public inquiry? Our very own Goolding Inquiry? Won’t that be fun?

And with all of this going on, in swoops Neil Macdonald to remind us that everyone in the media gets “used” by leakers all the time, and hey, the preponderance of leaks is a sign that journalists are doing their jobs because they are competing to do the best job. There is certainly a mercenary aspect to it all, not to mention some status-seeking, but I’m not sure he’s entirely wrong.

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