Tag Archives: Trade

QP: Making demands to an absent PM

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

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Roundup: Calling Wilson-Raybould’s bluff?

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We may be finally reaching the climax in the whole SNC-Lavalin/Wilson-Raybould Affair, as Justin Trudeau formally waived solicitor-client privilege and Cabinet confidence when it comes to Jody Wilson-Raybould appearing at the justice committee in order to clear the air on the whole situation. The limitation is that she can’t reveal any information or communications about her and the Director of Public Prosecutions regarding SNC-Lavalin – but that’s not what’s at stake, so it shouldn’t be an issue (though the Conservatives spent all afternoon decrying that Trudeau wasn’t sufficiently unmuzzling her before they knew the terms of the waiver). Of course, as soon as Trudeau announced that there was no issue with her speaking at committee, Wilson-Raybould released a letter saying that she was still consulting with her attorney, but she really wanted to appear at committee, but she eventually does, she wants a full thirty-minutes uninterrupted off the top to tell her side of the story. In other words, she’s still trying to control the situation.

This having been said, it is starting to feel like Trudeau is calling Wilson-Raybould’s bluff, after Clerk of the Privy Council Michael Wernick called her out at committee when he stated that there could be no privilege because no legal advice was given, and it was never discussed at Cabinet. Which makes me also wonder if Wilson-Raybould will overplay her hand given that she’s going to have to be very careful what she says if she wants to remain a Liberal for much longer. As for the committee, the Liberals defeated the Conservatives’ demand that the PM be ordered to appear before them, and they heard from legal experts on the Shawcross Doctrine.

In related news, it was also found that the as part of the same consultations that led to the deferred prosecution agreements legislation, the government is also considering other changes to the integrity regime (as part of the two-year review that was part of said regime when it was implemented), which would empower an arm’s length officer in Public Procurement to offer more flexible debarrments to companies that have been found guilty of corporate malfeasance (such as SCN-Lavalin and the ten-year ban they could face), and which Carla Qualtrough says offers them more flexibility to deal with corporate bad behaviour. Meanwhile, a group of SNC-Lavalin shareholders are planning a class-action lawsuit against the company for not disclosing that they were denied a deferred prosecution for over  a month, while the lack of convictions for wrongdoing by the company’s former executives has people questioning whether the RCMP and the Crown prosecutors are up to the task of dealing with corporate crime.

In punditry, Susan Delacourt notices that while Wilson-Raybould is driving the Affair right now, it’s odd that it seems to be done absent leadership ambitions, which creates a different dynamic. Kady O’Malley’s Process Nerd column reviews the whole Affair to date to offer suggestions as to where Parliament could strengthen its accountability measures to prevent a future repeat occurrence. Professor Jonathan Malloy lays out why this whole Affair is not a classic political scandal by any measure (which is also why Scheer calling it “textbook corruption” is also very odd).

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Roundup: Getting Trudeau to committee

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The political theatre around the SNC-Lavalin/Wilson-Raybould Affair will again be back in full force today as the Conservatives are moving a Supply Day motion to have Justin Trudeau appear before committee to answer questions, which is procedurally awkward given that the Commons shouldn’t be dictating the business of committees, but that’s theatre for you. Of course, if Trudeau appeared, it would be doing so in order to answer for the conduct of his staff (given ministerial responsibility), but we’ll see if there is any appetite to make the committee process even more of a partisan gong show. (I’m guessing there won’t be, but stranger things have happened). Jody Wilson-Raybould is expected to be at committee either Tuesday or Wednesday, depending on her schedule, but maybe she’ll treat this like she did a Senate committee summons and simply refuse to show up.

What revelations did we get over the weekend? That Wilson-Raybould needed to make her pitch to Trudeau directly last Tuesday morning before he would let her address Cabinet; that Wilson-Raybould is a prodigious note-taker, forcing PMO to review their own notes about meetings with her; and that hey, Cabinet ministers are friends outside of work and sometimes get together socially. Shocker!

Meanwhile, Philippe Lagassé goes through the various Canadian politics tropes that this whole affair has been playing into – and are being challenged by – and what people should take away from them as the situation has unfolded. He’s also got a couple of other words of wisdom to take away from Michael Wernick’s testimony about his concern that people are losing faith in the government.

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Roundup: Wernick calls out Wilson-Raybould

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Thursday in the SNC-Lavalin/Wilson-Raybould Affair was much more explosive, on a couple of fronts. First, the Globe and Mail reported that Jody Wilson-Raybould told Cabinet that she was improperly pressured, which raises some real questions as to who the Globe source is, and also raises the question as to why Wilson-Raybould didn’t resign in protest at the time. (It also said that SNC-Lavalin is threatening to relocate their headquarters to the UK, which would be the first company looking to move there in the midst of Brexit chaos). And then, after a forgettable appearance by David Lametti at the Commons justice committee, where he could not guarantee that the solicitor-client privilege issue would be solved by the time Wilson-Raybould appears at committee, Clerk of the Privy Council Michael Wernick let blew up the media cycle, not only with his very frank introductory comments, but also his belief that not only did any improper pressure not happen (going so far as to call the original Globe story false and “defamatory”), but that none of this should be covered by Solicitor-Client privilege because it was not discussed in Cabinet, and no legal advice was given. (Full text here).

Wernick’s comments were praised by some, criticised by others – particularly the Conservatives – with a lot of concern trolling going on about the perception that they were partisan (despite the fact that Wernick praised both the Harper government’s work as well as Trudeau’s). As John Geddes points out, the testimony also gave a glimpse as to how he interacts with power in this city, going so far as to leave an NAC gala to avoid being near SNC-Lavalin executives.

In related news, it looks like Wilson-Raybould didn’t renew her law licence in BC in 2016, which could mean that she’s not a practicing lawyer, which might also invalidate her claim to solicitor-client privilege. The Canadian Press’ Baloney Meter™ also tests Trudeau’s assertion that waiving solicitor-client privilege may impact the other two ongoing court cases involving SNC-Lavalin.

In pundit reaction, Susan Delacourt lays out how Wernick’s testimony is a direct challenge to the version of events that the Globe and Wilson-Raybould’s silence has allowed to develop, which puts pressure on Wilson-Raybould to confirm or deny his testimony. Jen Gerson doesn’t see Butts’ resignation as solving any of the Liberals’ problems. Robert Hiltz says that more than anything, this whole affair puts a lie to the government’s promise of being “real change” in doing politics.

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QP: Chagger has some new talking points

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Following an explosive morning at the justice committee, QP got underway without any of the major leaders in attendance. That left Lisa Raitt to lead off, asking if the prime minister asked David Lametti to leave the room when Wilson-Raybould addressed Cabinet on Tuesday. Lametti first accused Raitt of cherry-picking the testimony, and said that since Clerk of the Pricy Council, Michael Wernick, released him from Cabinet confidence he recused himself of his own volition. Raitt asked why Trudeau met with Wilson-Raybould after the Director of Public Prosecutions made a decision on SNC-Lavalin, to which Bardish Chagger read that it was confirmed verbally and in writing that Wilson-Raybould was not being directed on the file. Raitt went through the timeline, and accused Wernick of pressuring Wilson-Raybould, to which Chagger read out about Raitt’s own meetings with SNC-Lavalin. Alain Rayes took over and re-asked in French why Trudeau had the meeting with Wilson-Raybould, and Chagger read that they need to respect the independence of committees. Rayes tried again, and Chagger read out Wernick’s assurances that the kinds of discussions that Trudeau and Wilson-Raybould had were perfectly appropriate. Alexandre Boulerice led off for the NDP, and he demanded that Wilson-Raybould be allowed to speak, and Lametti assured him that the issue was complex but they too wanted to ensure she could speak. Boulerice asked if Trudeau’s meeting with Wilson-Raybould was to change her mind, and Chagger stood up to remind him that the NDP leader also met with SNC-Lavalin, and that the government respects the legal system. Nathan Cullen stood up to repeat the allegations in the Globe and Mail that Wilson-Raybould told Cabinet she was pressured, to which Chagger reminded him that committees are independent and should do their job. Cullen railed about the government not caring about employees and pensioners, to which Chagger praised the Ethics Commissioner and the government’s record.

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Roundup: Exit Butts, leaving uncertainty in his wake

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So, mid-Family Day when most people in most provinces of this country were enjoying a day off (federal workers excluded), the latest bombshell in the SNC-Lavalin/Wilson-Raybould drama dropped – that the prime minister’s principal secretary, Gerald Butts, resigned his position. In his resignation letter, he vigorously denied any wrongdoing but was removing himself from the office to defend himself and to keep from being a distraction. Of course, the Conservatives cheered, but insisted that this was the sign of a PMO in crisis, and they would continue to get to the bottom of things at the Justice Committee (despite the fact that they’re limited in what they’re actually able to look into, and they are apparently going to go beyond the bounds of what procedure allows). The NDP, meanwhile, will be using their Supply Day to move a motion to demand an independent inquiry into the whole matter – because what government would welcome a Gomery-style inquiry that has the potential to spin out of control and blow up in their faces?

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It’s not hard to note that this leaves a gap in Trudeau’s office – Butts was his long-time friend and one of the architects of his success. But he was also seen by opponents as this puppet-master figure (RIP all of those “PM Butts” Twitter accounts), and among other observers of politics that he and Katie Telford may have also been a bit of a bottleneck for decisions. We’ll see who Trudeau replaces him with, and if the management style in the PMO changes as a result. We’ll also see if the mood in the caucus changes as well, and it’s been theorized that it’s another reason for the departure – that MPs have been getting restless with the amount of control that Butts has (cue the stories about MPs disgruntled about the way that caucus meetings are being handled, and that they’re afraid to air their views there for fear of being insulted). There are several months before the election, so perhaps this will give them time to right the ship in time. Maybe.

In terms of reaction columns, Susan Delacourt reflects on the Trudeau-Butts power dynamic within the party, and the uncertainty that is left in the wake of the departure. Chantal Hébert notes that Butts’ resignation may deflect the internal friendly-fire, but could leave Trudeau vulnerable on the eve of the election campaign (which is still eight months away!). Likewise, John Ivison hears that there may have been a “riot” at Liberal caucus on Wednesday had Butts not resigned, and this move makes him something of a scapegoat. Paul Wells regales us with the role Butts played as the “senior Liberal insider” in media stories, and how this central role in the PMO was probably not suited to federal politics, which will mean a way of reforming how Trudeau’s government operates.

Amidst this, there are two threads from Philippe Lagassé that you need to read – the first questions the critique that there are too many political staffers running things and that Parliament would work just great if they were gone. (I too find this a problematic assertion given that the bigger problem is the way in which our bastardized leadership contests have inflated the leader and his or her office in the first place). The second is a corrective to the specious lines about the “unelected” nature of the PMO and the power it wields, as people forget that we don’t elect prime ministers or Cabinet – they are appointed positions. Only the House of Commons is elected.

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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.

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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.

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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.

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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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