Roundup: The rot Chong won’t address

Conservative MP Michael Chong took to Policy Options yesterday to decry that the unilateral expulsions of Jody Wilson-Raybould and Jane Philpott from the Liberal caucus was indicative of a “deeper rot” in our parliamentary culture. His solution? Just make some amendments to his garbage legislation Reform Act to better enforce the called-for votes to implement at the beginning of each parliament, or to do away with the voting entirely (which was a compromise to make the bill palatable), and ensure that the measures in the bill are fully enforceable regardless. And I just can’t even.

Chong keeps insisting that his garbage bill was going to “rebalance” the power between MPs and party leaders, but it does nothing of the sort – much like this omnibus motion that Liberal MP Frank Bayliss is proposing to amend the Standing Orders (which Chong is a co-sponsor of). These kinds of measures don’t actually attack the root of the problems facing our parliament, and in the creation of new rules, they simply create avenues for unintended consequences that make things worse. (For more on the Bayliss motion and why it’s a problem, see my weekend column). The solution is not, and will never be, more rules. The solution is to do away with the rules that have made things progressively worse, and to start rolling back the changes that our MPs keep making in the vain hopes of improving their lot when all they need to do is assert the powers that they already have.

I fear I am getting repetitive about this point, but until people start listening, I will keep saying it – the biggest root cause of the problems in our system, particularly where it concerns the “balancing” of powers of MPs vis-à-vis the party leader, is the party leadership selection system. Unless caucus members can select the leader, any attempt made by them to remove the leader, garbage Reform Act or no, will be seen as illegitimate precisely because the current selection system insulates leaders with a false notion of “democratic legitimacy.” And Chong knows this, but keeps trying to burnish his garbage bill in the hopes that it will somehow shine. It’s not going to happen, and MPs telling themselves that the solution is more rules are simply deluding themselves. More rules got us in this situation. More rules keeps taking power away from MPs under the guise of “rebalancing” or “restoring” that power, and this cycle keeps repeating. It needs to stop, and it means MPs (and the pundit class of this country) need to stop believing this mythology. The only solution is caucus selection of leaders. Anything else is a mirage.

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QP: Petty diminution

The benches were largely, but not completely, full for caucus day, but not all of the leaders were present. Andrew Scheer led off, mini-lectern on desk, and in French, he complained that Canadian tax dollars were being used by China to extend their foreign influence by way of the Asian Infrastructure Bank, and Trudeau took up a script to read that Scheer was misleading Canadians, given that the investment bank had other Western partners, and that they had projects like preventing land slides in Sri Lanka, or flood management in the Philippines. Scheer repeated the question in English, and Trudeau read the English version of the same script. Scheer accused the government of not beating their chests enough, and demanded they pull the funding from said bank, and in response, Trudeau said that they were standing up for Canadians in the world and gave a plug for their new aid package for canola farmers. Scheer claimed it was a Conservative idea, and accused Trudeau of weakness on the international stage, and Trudeau hit back by the Conservative wanted to capitulate on NAFTA, that his government saved CETA and the TPP, that they were working on the canola problem for weeks when the Conservatives had bothered a about for days. Scheer claimed Trudeau was simply being dramatic and then he cued his caucus to join him in shouting that Trudeau had done “nothing!” Trudeau gave an equally forceful retort about a decade of Conservative failures. Brigitte Sansoucy led off for the NDP to rail about the Loblaws contract instead of helping people, and Trudeau reminded her about the middle class tax cut and the Canada Child Benefit that lifted children out of poverty while the NDP voted against those measures. Charlie Angus accused the government of trying to rig judicial appointments, and Trudeau reminded him that they put on a new, transparent and open process. Angus then railed that ten government wasn’t helping the people of Kasheshewan, and Trudeau reminded him that they have been engaged in the file, that they have selected a site and are making plans for the move, but in partnership with the community. Sansoucy repeated the question in French, and Trudeau read the same response in French from a script.

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Roundup: Suspension as a first step

The Senate’s Conflict of Interest and Ethics Committee has considered the Senate Ethics Officer’s report into the conduct of one Senator Lynn Beyak and found her response to be wanting. Because she has refused to acknowledge wrongdoing and hasn’t removed the racist letters from her website, let alone apologise for posting them, they are recommending that she be suspended without pay for the remainder of the current parliament (meaning that it would end when parliament is dissolved and the writs drawn up for the election). Part of the thinking is that the time away – without pay or access to Senate resources – will give her time to think about her actions, and they suggest that the sensitivity training about racism and Indigenous history should be out of her own pocket. And if she still refuses to take action, they’ll look at having Senate administration take the letters down from her site (though nothing would stop her from moving them to a site that she hosts on her own), and if she still refuses action, well, they can revisit her fate in the next Parliament.

A couple of things to consider in all of this. First – it may help to re-read my column on the subject – is that they are likely recommending suspension because they will be very reluctant to recommend full expulsion without exhausting all avenues, and to afford her every single bit of procedural fairness and due process they possibly can in order to ensure that if it comes to that, that they will be on unshakeable ground. Setting a precedent for the removal of a senator should be done very, very carefully, and it has been argued in some circles that the reason why Senators Duffy, Wallin and Brazeau remain in the Chamber are because the need to be politically expedient in their suspensions and not affording them proper fairness essentially made it impossible to recommend expulsion in the future because they could plausibly argue that they hadn’t been afforded the due process. Consider that lesson learned with how they are dealing with Beyak.

I can’t stress enough that recommending expulsion is an extraordinary step, and they can’t just do it because she’s an unrepentant racist (even though she doesn’t see herself that way) – especially because part of the whole reason the Senate has such strong institutional protections is because Senators are supposed to be able to speak truth to power without fear of repercussion. But it’s clear that this isn’t what Beyak is doing, and they need to go to great lengths to prove it and to provide enough of a paper trail to show that there is no other choice to deal with her than expulsion, because this is a very dangerous precedent that they would be setting. More than anything, the measures they are recommending are done in the hopes that she does the honourable thing and resigns, though it remains to be seen if she will get that hint (given that she refuses to believe that she’s done anything wrong). This will be a slow process. People will need to be patient. Demanding her immediate removal will only make things worse.

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Roundup: Drawing the wrong lessons

At the time I’m writing this, it’s not looking too good for Rachel Notley and her NDP in the Alberta election (and sorry I couldn’t stay up late to track results, but StatsCan waits for no journalist). With that in mind, I wanted to just post a couple of thoughts about what this could bode – not just the immediate nonsense of Jason Kenney theatrically tabling a bill to repeal the province’s carbon tax (and immediately subjecting him to the federal backstop), or his threat to “turn off the taps” to BC when it comes to oil — something a court would strike down immediately because it’s utterly unconstitutional. Rather, I suspect that this will provide additional encouragement to Andrew Scheer to emulate Kenney’s tactics — fomenting anger, and selling people a steady diet of lies and snake oil, and hoping that he can find someone to blame when he’s unable to deliver on any of it should he get into power. Scheer’s problem will be that he doesn’t have another level of government he can cast too much blame upon, but that won’t dissuade him from the other tactics.

I also suspect that we’re going to get a renewed round of wailing and gnashing of teeth from “progressives” about how they couldn’t coalesce their votes around Notley and the NDP, and there will be all manner of blame being cast at the Alberta Party and the Alberta Liberals for splitting their vote (which is nonsense, of course, but we’ll hear it anyway).

Meanwhile, my column offers my personal loathing and dread about the way the election happened, and the problem with stoking anger and promising magic wands and snake oil.

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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: Backlash from the tape

Following Friday’s release of the documents and audio tape provided by Jody Wilson-Raybould, and now comes the backlash. Which at this point I think is the backlash to the backlash to the backlash to the backlash, or something. It’s like they’re ships firing broadsides at one another endlessly, and they’re all taking on water, but nobody will stop, and it’s just so exhausting. But here we go (again).

To begin with, Bill Morneau’s office is disputing the characterisation of conversations their staff had with Wilson-Raybould’s staff, and Gerald Butts tweeted that he’s submitting more of his documents to the committee, which will be released publicly when they too are translated. Michael Wernick’s lawyers are saying that Wernick didn’t brief the PM on the call with Wilson-Raybould because of holidays and the fact that Scott Brison’s announced resignation consumed matters subsequently, and that they didn’t talk about SNC-Lavalin until the Globe and Mail story came out (which one former staffer says is entirely plausible, though not everyone is buying it). Patty Hajdu went on television to say that Wilson-Raybould’s recording of that conversation was unethical, and that she doesn’t think she can trust her in caucus not to record their private conversations any further, though she’ll leave any decisions about ousting her to the caucus itself. And then there was a whole tangent arising from those documents about whether Brian Mulroney directed Kim Campbell as justice minister regarding the David Milgaard case, which led to competing versions of what happened in Mulroney’s memoir’s versus Campbell’s (and she tweeted out more clarifications over the weekend).

As for Wilson-Raybould, she says she’s “absolutely ready” for whatever happens next, and insists she was doing her job and “speaking her truth.” She also stated that Jane Philpott didn’t resign for her benefit, but because of Philpott’s own sense of integrity (which may be a way of trying to shield Philpott from the inevitable calls to have the pair of them booted from caucus, which will only intensify after the revelation of the recording). But a lot of things will now circle back to that recording, something that BC’s former Attorney General says speaks to a “deep fracture” at the heart of the Liberal Party. And he may be right, and it may also be a consequence of doing politics differently, given that one former national director of the party says has a lot to do with Trudeau’s refusal to put any heads on (metaphorical) spikes, which may now cost him in the long run.

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QP: Afraid of the economy

The the budget lock-up going on not far from the Hill, and the Conservatives looking to go into full procedural meltdown mode in response to this morning’s justice committee meeting. Andrew Scheer stood up to decry the committee meeting results, demanding to know what the prime minister was covering up. Justin Trudeau stood up and read a script saying that he took responsibility for the erosion of trust between his office and Jody Wilson-Raybould, that the committee heard testimony, that they gave an extraordinary waiver of confidence, and the decision was ultimately hers all along. Scheer disputed this in English, but Trudeau repeated his response sans-script in English. Scheer again disputed that Wilson-Raybould could not speak, and wondered why she wasn’t being allowed to “finish her story.” Trudeau insisted that he did waive the confidentiality so that she could speak fully, and called the Conservatives desperate to talk about anything other than the economy because they know it would show their plans failed. Scheer retorted that the PM was desperate to talk about anything other than this scandal, and repeated his demand. Trudeau repeated that the Conservatives didn’t want to talk about the economy because they didn’t have a plan. Scheer wondered what was so bad that the PM was trying to hide it, and Trudeau stuck to his insistence that the Conservatives were afraid to talk about the economy. Jagmeet Singh was up next for the NDP, and he read that appointing Anne McLellan was a weak response to what happened, and demanded a public inquiry. Trudeau gave a pained performance about the NDP not standing up for workers, as the government was standing up for jobs and workers. Singh switched to French to list the resignations that happened in recent weeks before repeating his derision of McLellan, and Trudeau dismissed the talk of “politics” in favour of listing the good economics gains his government made. Singh, in French, remained sceptical of the appointment, and Trudeau wondered aloud what people in Quebec would think about Singh not caring about their jobs. Singh took another shot at McLellan in English, and Trudeau listed all the steps they took in order to make matters public.

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Roundup: A policy without details, part eleventy

Earlier this week, the Conservatives unveiled a new election policy, which was about removing the GST on home heating. For those of you who remember, this used to be an NDP policy that never went anywhere. It’s populist in that its economically illiterate and won’t help those who need it most, but gives a bigger break to the wealthy. But over the past couple of days, economists have been digging into just what this entails, so I figured I would showcase some of that discussion, to get a better sense of a promise that comes with few details about implementation. (Full thread here).

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Double-Hyphen Affair developments

There was a slightly unexpected development in the Double-Hyphen Affair yesterday when the Federal Court decision on SNC-Lavalin’s request for judicial review of the Director of Public Prosecutions’ decision not to offer them a deferred prosecution agreement was released, and to the surprise of nobody who has paid the slightest bit of attention, it was denied because this isn’t something that is reviewable by the courts. So that means the prosecution goes ahead, barring the Attorney General issuing a directive that would override the DPP’s decision. In related news, here’s a deeper look at just who SNC-Lavalin was consorting with abroad, and for all of his demands for Justin Trudeau’s resignation, Andrew Scheer says he won’t introduce any non-confidence motion. Hmmm…

And because the hot takes are still coming on this, Chris Selley wonders whether there will be utility to prosecuting a company if it takes four years to even decide whether to prosecute, during which time the company has undergone an ethics and compliance overhaul. Andrew Coyne wonders why any company would bother with the courts when they can lobby as effectively as SNC-Lavalin has (but perhaps it’s because SNC just plays that game better than anyone else). Martin Patriquin supposes that Trudeau may be playing this whole Affair that will benefit him in the long term. Colby Cosh (rightly) clocks the Liberals’ supposed commitment to internationalism also taking a beating in light of the Affair given that it is centred on SNC-Lavalin’s corrupt practices in Libya.

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QP: Making demands to an absent PM

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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QP: On Butts and Wilson-Raybould

The first day back after a week of bombshells and self-inflicted wounds, the House of Commons was buzzing for the show that was about to begin. Andrew Scheer led off, mini-lectern on desk, and he led off in French about Gerald Butts’ resignation, saying it was about the “bribery and corruption scandal,” and wondered why the resignation was accepted if nothing happened. Trudeau gave praise for Butts, and that his respect for the office was why he resigned. Scheer asked again in English, and Trudeau repeated his same point extemporaneously. Scheer tried again, and this Trudeau praised the institutions of Parliament including the independence of committee members, which resulted in a number of jeers. Scheer insisted that he allow Wilson-Raybould to speak (never mind that she’s the one who won’t speak, not that Trudeau hasn’t said that she can’t), and Trudeau noted the values of judicial independence and respect for the rule of law, and said that he was getting advice on waiving solicitor-client privilege so as to ensure there were no unintended consequences. Scheer changed tacks slightly and wondered how many times Butts met with Wilson-Raybould over SNC-Lavalin, and Trudeau noted that all ministers met on Tuesdays and that his staff was engaged with them. Guy Caron was up next, demanding that solicitor-client privilege be waived, and Trudeau reminded him they were getting advice on that. Caron demanded an independent inquiry — the subject of their Supply Day motion, to which Trudeau said they had confidence in the Ethics Commissioner and that he wouldn’t prejudge the work of the committee, which was the master of its own destiny.  Charlie Angus was up next to repeat the question in English with added sanctimony, and Trudeau repeated both points. Angus demanded that he let Wilson-Raybould speak, and Trudeau reiterated that they welcomed any inquiry from the Ethics Commissioner. 

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