Roundup: A cover-up leads to an admission

The day was largely spent fretting over the state of the investigation into downed flight PS752 – particularly given the news that Iranian officials had already bulldozed the site before international investigators could arrive, ensuring a cover-up was underway. The Ukrainian government was insisting to the Iranians that Canadians be involved, and we got word that a mere two visas had been issued for Canadian consular officials so far (though François-Philippe Champagne did say that he was expecting more to be approved soon). Champagne later announced the creation of an international working group, comprised of the countries whose citizens were all killed aboard the flight, to press Iran for answers, while in the back channels, there is talk that Canadian officials are telling the Americans that they should have been informed of their plans to kill the Iranian general, given that we’re coalition partners. Amidst all of this, mourning continued across the country. (The National Post compiles profiles of the victims here).

And then, something surprising happened – Iranian officials, including their president, admitted publicly that it was indeed one of their missiles that shot down the aircraft accidentally, and that it was human error that they plan to prosecute those responsible, as well as profound apologies and expressions of regret (while taking a swipe at American “adventurism” in the process). It was a marked change of tone after days of denial, insisting that it was “impossible” that they could have shot it down, and what looked to be a cover-up in the making. One suspects that this will have a profound shift in the narrative in the days ahead, and that Iran will be prepared to pay some kind of compensation, just as what happened in 1988 when the Americans admitted they accidentally shot down an Iranian airliner.

Meanwhile, Adnan R. Khan walks through how the accidental missile strike could have happened, while Colby Cosh offers more parallels and reminders to the 1988 incident of the Americans shooting down the Iranian plane then, how it is remembered differently in the West than it is in Iran, and how our amnesia to is affects the reactions – particularly from those who are howling about “murder” and demanding the prime minister be angry about it. As if to prove the point, Heather Scoffield demands some righteous indignation from Trudeau, and for some of that to be directed to Trump for what his recklessness has cost us – as though that would help the situation or not cause even more problems for Canada down the road.

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Roundup: Waiting – or not – for a Cabinet call

One of the more interesting stories that was out first thing Friday morning was that of new NDP MP Heather McPherson, the party’s only Alberta MP, who mused openly to the CBC that she would be willing to take on a Cabinet position if prime minister Justin Trudeau offered it – but she wouldn’t cross the floor for it. Hours later, she backtracked on Twitter, saying that she obviously wouldn’t take a Cabinet position – likely because it was pointed out to her what that would entail. While this is obviously a rookie mistake, it might be worth delving into a bit more for the sake of everyone’s edification.

First of all, having an opposition MP in Cabinet – who remains an opposition MP and who hasn’t crossed the floor – is pretty much a coalition, even if you don’t want to call it that. Being in Cabinet, she would be bound to Cabinet confidentiality and solidarity, meaning that she would have to vote with the rest of the Cabinet, even if the rest of the NDP were opposed; and confidentiality could be a very sticky issue if they want to ensure that she’s not going to divulge Cabinet secrets to her caucus colleagues behind the closed doors of the caucus room (which in and of itself has its own confidentiality convention that, like Cabinet confidentiality, is intended to let the members have free discussions without then being picked off by media when their views are off-side from the rest of the Cabinet or caucus, as the case may be). Now, there are exceptions to how this can work, such as in New Zealand where they have developed a system where they could swear her in as a member of the Privy Council and bring her into Cabinet discussion where appropriate by not make her a full member of Cabinet (as they do with Green MPs in that government), but I’m not sure what the utility would be in this case, when there are better options available to Trudeau (such as appointing a Senator, which is more in keeping with our own traditions and one of the reasons why our Senate exists in the way it does). Regardless, the point is moot, and that’s as far as the thought exercise extends.

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Roundup: Proving the SCC’s point

It was only a matter of time after Alberta premier Jason Kenney announced that he was reviving his province’s sham Senate “election” laws that the two so-called “elected” senators from the province started chiming in, and lo, Senator Tannas did just that on the Alberta Primetime politics show on Alberta’s CTV affiliates this week. During the hugely uncritical interview, Tannas proclaimed that getting an “endorsement” from the public gives him the right to speak up “more forcefully,” and that he and fellow “elected” Senator Black are “listened to differently” because they of their special status.

Let me remind you what the Supreme Court of Canada said when it comes to consultative elections – that it would give the Senate a popular mandate, which would change the constitutional architecture of the institution, and you can’t do that without a formal constitutional amendment. In other words, Tannas is proving the Supreme Court’s point – that his “election” (which was a sham, let’s be clear) confers upon him some kind of special authority, which is whole point. Now, Tannas did try to couch some of his criticisms for his nominally appointed colleagues from Alberta because he has to work with them, but amidst the myths about Bills C-48 and C-69 and the complete self-aggrandisement, there was virtually no pushback at Tannas about what the Supreme Court said, or the fact that the process that got him “elected” was a sham worthy of a People’s Republic.

There seems to be almost nobody pushing back against Kenney and his unconstitutional legislation and the sham that these “elections” really are. Why, here’s Don Braid with a lazy garbage take that lauds the farce that Kenney puts on because he’s swallowed the rhetoric about those bills whole, along with the fairytale nonsense about a “Triple E” senate and what it purports to do (never mind that the only thing it would do is create 105 new backbenchers with an overinflated sense of self). Repeat after me: Kenney is only doing this to invent a future grievance, while he lies about those two bills. It would be great if someone could be bothered to call him out on it.

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Roundup: Sensation over nuance

The big headline over CBC yesterday was that five of the six most recent federal judicial appointments in the province of New Brunswick all had some kind of ties to Dominic LeBlanc – never mind how tenuous those ties were. This of course led a bunch of Conservative apologists to compare this with the Dean French/Doug Ford situation in Ontario, which is absurd given that judicial appointments have a more rigorous merit-based system around them (more rigorous than it was under the Conservative era), and many of the French/Ford appointments had to do with whether someone was connected to French by family or lacrosse, many with no obvious competences in the roles they were appointed to. The Conservatives also declared that this was somehow related to both Loblaws winning a competition around fridge refits (no, seriously), and that this was reminiscent of the Arctic surf clam contract that LeBlanc was involved in wherein the definition of “family” used by the Ethics Commissioner differed from that in other statutes. (Not mentioned was the time when the Conservatives appointed most of Peter MacKay’s wedding party to the bench in Nova Scotia).

Reading deeper into this story, I found that some of the connections that were being highlighted were a bit dubious. The most dubious was the fact that one of the judges named was not actually someone that was recently named, but rather promoted to the Chief Justice of province’s Court of Appeal by Trudeau, though she was originally a Conservative donor and had been first named to the Bench by Harper. The fact that she bought a property from LeBlanc next to his summer cottage was deemed to be curious in this. Likewise the fact that two of them were part of a group that paid off LeBlanc’s leadership campaign debts a decade ago (each would have donated a few hundred dollars) is a pretty dubious link between them. The only one that might raise eyebrows is the fact that one of the five is married to LeBlanc’s brother-in-law…but even then, at what point do we start disqualifying someone whose relation is by marriage twice-removed?

The other bit of nuance that we can’t forget here is that New Brunswick is a very small province with a very small population, and legal circles in a province like that would be very tight – especially when you consider that the provincial political culture is far more nepotistic than the federal culture is. While the CBC piece cites a paper that says that people with political connections get judicial appointments at a rate double that in other parts of the country, but one has to remember that it can be harder to avoid, which is why fighting nepotism in those places can be much harder. And this is the point where people will bring up the fact that Jody Wilson-Raybould objected to the fact that names that were short-listed needed to be sent to PMO for vetting by the Liberals’ database, but again, it needs to be stressed that they need to go through all sources to check for red flags because the prime minister is politically accountable for those appointments. It’s called Responsible Government. Does that mean that these five appointments didn’t have some influence from LeBlanc tapping the justice minister and saying he wanted them appointed? Anything is possible, but it’s unlikely given the vetting process and the fact that most of these connections are tenuous at best. But it’s also regrettable that this kind of journalism strives for sensationalism and an attempt at being gotcha than it is with nuance.

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Roundup: Solidifying the “new” Senate

Another day, another badly executed wrap-up article on the Senate, this time courtesy of the CBC, which again, has a badly misleading lede in which it claims that “Legislative changes that would have made it harder for a future prime minister to reverse Senate reforms have fallen through.” This is wrong – any changes to the Parliament of Canada Act that the government was contemplating would have had zero effect on the selection process for future senators. Why? Because that’s not governed by that Act, or indeed any piece of legislation – it’s part of the constitution, and clearly spelled out as a prerogative of the Governor-in-Council, meaning the prime minister and Cabinet will advise the Governor General as to who gets appointed. There is nothing that Trudeau could do to bind that advice legislatively – recall the Senate reform reference to the Supreme Court of Canada – that would require a constitutional amendment requiring seven provinces with fifty percent of the population to do.

What would changes to the Parliament of Canada Act regarding the Senate do? The actual proposals were to ensure that leaders of any parliamentary group in the Senate would get commensurate salary increases and resources to put them on par with the what is nominally the government and official opposition in the Senate, and the ISG has been pushing for this pretty hard, but they also were demanding to be part of consideration for vote bells, though I’m not sure why it would matter (particularly given that they have demonstrated time and again that they’re not reliable negotiating partners). But I also suspect that part of the reason why these changes didn’t get proposed was because there is some legal opinion that it would require some kind of buy-in from provinces to make this kind of change, so there was likely little time for the government to add this ball to all of the other ones they were juggling that late in the parliamentary calendar (despite the cries of the ISG). Of course, this hasn’t stopped the media from falsely framing these changes as affecting the selection process, as this has been cited by more than one reporter from more than one outlet, and it’s false.

The rest of the story is again more of the same voices opining on how great the “new” Senate is working, but we fortunately got a bit of pushback from Liberal Senator Lillian Dyck, who did point out that the lack of organisation among the Independents has held up bills and slowed down the process – and she’s right. But nobody wants to talk about that as they’re busy patting themselves on the back for “not being whipped.” There’s more to the Senate than that, and they need to get off this self-congratulation because things aren’t working as well as they like to claim.

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Roundup: A six-point sham

Over the weekend, Andrew Scheer went to Calgary to further outline his “economic vision,” which included a short-term six-party plan which…does nothing about the economy. Those six parts are to scrap the federal carbon price, repeal Bill C-69, repeal Bill C-48 and end any tanker ban in northern BC, establish timelines for project approvals, end the “foreign interference” in project approvals, and invoke the constitutional authority to build major projects. Do you see a pattern here?

To be clear, these six proposals are all, well, hot air. Ending the federal carbon price won’t get energy projects built – most oil and gas companies are in favour of it. Repealing Bill C-69 won’t help because the 2012 environmental assessment legislation the Conservatives put into place just wound up in litigation, and that will continue if he reverts to it. Ending the tanker ban won’t have any measurable impact because there are no pipelines in the area, no plans for any, and if he thinks he can revive Northern Gateway then he didn’t pay attention to the reasons why the Federal Court revoked its approval. Establishing timelines for approvals? Again, nice in theory, but without a framework behind it (like Bill C-69 would ostensibly provide), it will likely mean yet more litigation. That “foreign interference” in project approvals is largely the conspiracy theories that the conservative movement is clinging to (ignoring the foreign funds that go into their own thinktanks like the Fraser Institute). And that “constitutional authority” is not a magic wand, and would only sow confusion because any project that crosses a provincial boundary is already a federally regulated project, so there’s nothing to invoke. So Scheer’s “six point plan” should perhaps better be called a “six point sham.”

Meanwhile, here’s some further analysis of Scheer’s decision to back away from his pledge to eliminate the deficit in two years, whether it’s because of Liberal warnings of austerity, the unpopularity of Doug Ford’s cuts playing out in Ontario, or the desire to try and deprive the Liberals of their talking points. But it does also take the wind out of Scheer’s own rhetoric about the evils of deficits, particularly those that are small and sustainable like the ones we’re seeing right now.

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Roundup: Vetting judges? Oh noes!

Yesterday the Globe and Mail had a story about how the current government will run potential judicial nominees through the Liberal party’s voter database as part of the vetting process, which was followed by an analysis of how many appointees were Liberal donors. This first came up weeks ago when yet another Jody Wilson-Raybould-related leak revealed that she was trying to “depoliticize” the appointment process by not providing certain information to PMO when she passed along recommendations, which is a problem – not that it was framed that way. This current story follows up on that, and has a few framing issues of its own. There are a few things to unpack in this, but first of all, I’ll let Adam Goldenberg point out a few issues with this analysis:

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With this in mind, I have a few thoughts of my own – first of all is that I think Goldenberg is correct in his reminder that vetting includes political vetting – and the party’s database (as Susan Delacourt noted on Power Play) contains more than who donated – they will collect all manner of information as part of their construction of voter profiles, so it makes sense that they would also run potential appointments through this. (The fact that parties don’t have stringent privacy rules around their databases is a discussion for another day). Why? Because the prime minister is ultimately politically accountable for all Governor-in-Council appointments, and that includes judges. And so long as the prime minister is politically accountable, I think it’s reasonable that his office does whatever vetting they deem necessary – and there’s nothing in here to indicate that they’re checking to ensure that they’re voting for Liberal partisans, which we need to keep in mind.

The other aspect of his story that makes me a bit queasy is the implication that there is favour being shown to Liberal donors – and the math bears out a little bit that while seventy percent of appointees hadn’t donated to anyone, twenty-five percent of them donated to the Liberals, which is disproportionate to other parties. But we also need to remember a few things, the primary one being that we need to stop treating political donations as a bad thing. The donation limits in this country are quite small – you’re not going to bribe someone for $1200, let’s face it – and we donations are a form of engagement. Engagement is a good thing. The more we stigmatize past political donations – and those donations could be for a variety of reasons, such as an acquaintance running in a local campaign, or because they wanted the tax receipt – the more we send the message that engagement is bad, which is the very opposite of what we should be doing in a country where we already have abysmal levels of engagement, whether it’s taking out party memberships, donating, or volunteering (and yes, Samara Canada has done research on this). Pearl-clutching stories like this just reinforce this narrative, which is bad for democracy.

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Roundup: And now the lawsuits

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.

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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: Media rounds and brand damage

Freed from the expectation that they needed to stay quiet(er) in order to not jeopardise their chances of remaining in caucus, both Jody Wilson-Raybould and Jane Philpott hit interview circuit, the former in Maclean’s and the Globe and Mail, the latter also in Maclean’s and on CBC Radio and Power Play. And there is no doubt that both of them thought they were doing the right thing, but I’m not sure they quite grasp some of the political realities that the prime minister is grappling with. They kept saying that if Trudeau had just apologised from the start, this all could have been avoided, but that would have meant admitting that he was in the wrong, and that’s both a problem on every level for him to do, and I get the impression that nobody thinks they were trying to interfere or apply inappropriate pressure. And because they both think they’re right, we’re in the situation we’re in. Philpott did tell Don Martin that she’s aware of other conversations that are still relevant to what happened, but she’s not going to dangle them out there (err, she just did) because everything that people need to know is already public, but she didn’t say that she thought the prime minister was lying. In her interview with the Globe, Wilson-Raybould admitted to clashing with Carolyn Bennett over the Indigenous Rights framework, but it was her comments to Maclean’s that really made me pause, where she said she didn’t really understand the Liberal Party anymore, and it makes me wonder if she actually understood them to begin with, given how the party morphed itself as the cult of Trudeau after his messianic leadership campaign, and that many of the new MPs are as a result of that rather than stalwarts who stood with the party through the lean opposition years. Oh, and Wilson-Raybould also sorta disputed that there were negotiations regarding ending the tiff with Trudeau, and some confusion as to whether that was before she quit Cabinet or in the weeks that followed, and we got a bit of clarification.

Speaking of Trudeau, there has been a lot of focus on the damage to his brand, in particular his Feminist™ brand in the past few weeks, and with the ouster of Wilson-Raybould and Philpott (not to mention Celina Caesar-Chavannes’ decision to leave caucus of her own accord). In particular, the symbolism of the whole Affair crashing down around the Daughters of the Vote event was a darkly ironic for the prime minister, with one of his former youth delegates calling his rhetoric hollow. Add to that, there has been an expectation built up around him that his “doing politics differently” led people to believe that when push came to shove that he wouldn’t act like a politician, in spite of all of the symbolism he invested in. (There is probably a lesson in there too about filling in the blanks when someone says they’ll be different, but won’t specify how). Over on Twitter, Moebius Stripper reminds us not to confuse the actual good feminist work of this government with its Feminist™ branding.

Amidst the awfulness and brand-torching, Chris Selley recalls weeks ago when the Liberals floated a trial balloon to say that Trudeau would apologise for…something, didn’t, and now the claims that Wilson-Raybould tried to force an apology. Paul Wells, meanwhile, is in a Mood, and he (quite properly) lambastes this while Affair as another in a line of incidents that reveals the true heart of this government, and the ramshackle way in which they run this government (and if you looked at what they’ve done to the Senate alone, I would absolutely agree).

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Roundup: Trudeau begins his Big Reset

Yesterday very much looked like the start of Justin Trudeau’s attempted Big Reset after the weeks of damage that the Double-Hyphen Affair has done to his reputation, starting with the appointment of Joyce Murray to Cabinet as the new Treasury Board president. Murray has been the parliamentary secretary for Treasury Board during the entire life of this government, has been pushing for a “greening of government” initiative within the department, and has a history of being someone who has gone offside with the rest of caucus on several occasions, thus her appointment could be seen as sending signals that Trudeau is open to disagreement. Following this was the announced retirement of Michael Wernick as Clerk of the Privy Council, citing that he couldn’t carry on in the role if he was no longer trusted by opposition parties on issues like his role around sounding the alarm regarding election interference. This doesn’t mean culpability for the Double-Hyphen Affair, but it is nevertheless part of the accountability process (and accountability, like democracy, is a process). Wernick will be replaced by Ian Shugart, who is currently the deputy minister of foreign affairs. (I’m also not convinced that this is the last of the staffing changes, and we may yet see more cleaning house in the PMO as a demonstration of doing something).

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Minutes later, during Question Period, Trudeau announced that former justice minister Anne McLellan was named as a special advisor to the prime minister to examine aspects of what happened in the Affair, particularly as it relates to the dual roles of Justice Minister and Attorney General, and whether it’s time to separate the two. (She also backed out of a fundraiser for the Liberal Judy Lamarsh fund – which aims to help more women run for office – after taking on the new role). And then, after QP, Trudeau gave a rousing speech about condemning hatred and calling out white supremacy, and made some pointed digs at Andrew Scheer and Maxime Bernier for their winking and nudging of white nationalists without condemning their messages. All of this is working to change the narrative – things are being put into place to fix what happened, the speech sets Trudeau on a different rhetorical tone than Scheer – and sets out a huge contrast between the two, especially after Scheer’s insipid speech that followed – so we’ll see if the Liberals can capitalise on this, but the fact that Trudeau explicitly said in the speech that this was exactly the time for politics could be the signal that he wants to fight an election on this issue.

But that may be harder to do, given that the Liberal members of the justice committee put out a letter saying that they weren’t inclined to call Jody Wilson-Raybould back to testify further, stating that they’d heard enough and wanted to get on with the report, and let the other processes carry on. I will say that at least they put out a letter with reasoning in it – they simply could have gone in camera today and emerged saying they were going to focus on writing the report, and saying nothing more. You know, like the Conservatives frequently did when they were in power. It doesn’t look good for the Liberals, and feeds the Conservative narrative that they’re hiding something, but they may simply be trying to move on as quickly as possible. (Of course, there is no smoking gun here, and it’s a matter of determining credibility and finding the line of where pressure is deemed “inappropriate,” so that makes for a harder sell to keep this going as long as possible).

The Senate, meanwhile, is debating the motion to start their own study on the issue, but we’ll see how that goes. I’m not sure that the Conservatives in the Senate will get the Independents onside, as their performance during the inaugural televised Senate Question Period had the ISG leader tweeting right away that it was all about partisan posturing, but stranger things have happened.

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