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.
Wilson-Raybould tells justice committee chair in letter that she would like to make an extended opening statement (30 minutes) when she speaks to committee. @Puglaas says she'd prefer not to schedule appearance until she has clarity on solicitor-client privilege etc. #cdnpoli pic.twitter.com/tSM3A0EWUC
— Power & Politics (@PnPCBC) February 25, 2019
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).
Good reads:
- In terms of by-elections, Jagmeet Singh did win Burnaby South, while the Liberals won Outremont, and the Conservatives retained York–Simcoe.
- Chrystia Freeland and Marie-Claude Bibeau are calling on the Maduro regime in Venezuela to let aid convoys into the country.
- Ukraine is asking Canada to extend its military training mission in that country as a signal to Russia.
- Yesterday was apparently the third anniversary of the Phoenix pay system going online, and it could take another three-to-five years to clear its backlog.
- Arbitrators have ordered Canada to pay an American company $7 million for a cancelled quarry project. The company was seeking $443 million in damages.
- Colby Cosh looks at the cynical move Rachel Notely made by campaigning in a hospital atrium, against the rules, as a preview of the upcoming provincial election.
Odds and ends:
Senator Paula Simons employs a number of Harry Potter references to talk about her attempts to de-mystify the Senate.
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