Tag Archives: Cyber-security

Roundup: An untenable position?

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So, the SNC-Lavalin/Jody Wilson-Raybould drama didn’t stop, and throughout the day, we saw Wilson-Raybould release another statement that simply said that she wouldn’t answer any questions because of solicitor-client privilege (which had legal Twitter debating what exactly that means), and the PMO putting out a statement that she was the one who approached the PMO about SNC-Lavalin, and that Gerald Butts told her to talk to the Clerk of the Privy Council. (Here’s a good background primer in case you’re late to the news).

For the opposition reaction, Andrew Scheer demanded that the Commons justice committee look into the situation (and they will apparently meet to determine this next week, which isn’t a sitting week), while the NDP called on the Ethics Commissioner to open an investigation (and I’m not sure this would be in his purview, but who knows – it’s possibly that Mario Dion will read is mandate so broadly as to insert himself, just like Mary Dawson read her mandate so narrowly so as to exclude herself on most occasions). This said, I have my doubts about what the justice committee could reasonably do, because it will devolve into a complete partisan circus, as it so often has. Of course.

Because they are the centre of attention in all of this, here’s a bit about SNC-Lavalin – that they’re the “jewel of Quebec” apparently, and there’s a lot of political pressure to protect them from their past misdeeds. And as Paul Wells explains, they have been hard at work on cleaning up their image – and their operations – because these misdeeds are going to cost them dearly if they don’t get some kind of deferred prosecution agreement. And none of this lobbying to get such an agreement was underhanded either – it was all out in public, with YouTube and newspaper campaigns. And lo, late Friday afternoon, it appears that they may have been able to strike some kind of deal with the Director of Public Prosecutions (and no doubt this will be seen as a case of suspicious timing, and the Liberals will step on their own lines over this. Again).

And then there’s Wilson-Raybould, and trail of breadcrumbs she has been leaving with her very convenient silence (all of which has only served to burnish her image now that people are suddenly calling her a hero that stood up to the PMO, and the very real issues about why she was shuffled out of that portfolio are set aside). Amidst it, her father has been inserted into the media narrative, which makes this all the more odd. But in the meantime, here’s some legal analysis of the solicitor-client privilege issue, and what constitutes direction – including the very real notion that if she had been unduly pressured that the proper thing to do would be to resign in protest. That is going to become a tough question for her in the days ahead, as is the question about whether or not she is in an untenable position now, given the suggestion that she brought up the issue in some capacity (though we still don’t know in what capacity that discussion was had), not to mention the tensions in Cabinet around this whole incident – though she also knows that Trudeau can’t summarily dismiss her without risking even worse optics. It’s a real quagmire.

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Meanwhile, Chantal Hébert says we need some kind of explanation from Wilson-Raybould, which includes why she didn’t resign in protest if she was indeed improperly pressured, while Andrew Coyne says this scenario could determine whether or not this government believes in the rule of law after all. Martin Patriquin notes that while none of this appears to rise to the level of the Sponsorship scandal, it nevertheless starts trading on old stereotypes in Quebec, which could be poison for the Liberals.

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Roundup: Scheer’s own personal Brexit idea

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You may have heard the Conservatives making a big push over the past couple of weeks about promising that they would bow to Quebec’s wishes and let them have a single tax return (as in, surrender the federal authority to collect income tax in the province, as opposed to Quebec returning to the system that every other province uses by which the federal government collects all taxes and turns over their provincial share). While the Conservatives portray it as a simple administrative change, and that there wouldn’t even need to be any job losses – just put those 5000 CRA employees in Quebec to work on tax evasion! – it’s really a lot more complicated than that. While Alan Freeman wrote about the history and why it’s naked pandering to Quebec, tax economist Kevin Milligan walks through the complexity, and quite tellingly, notes that this is a Brexit-like proposal from Scheer – bold idea, no proposal of how to implement it. And yes, that is a problem.

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Roundup: The C-69 battle begins

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The Senate’s Energy and Environment committee is slated to begin their examination of Bill C-69 today, which promises to be a right gong show as the Conservatives have been pledging to do everything they can to kill the bill, which could mean attempting to delay things as long as possible – which is one reason why they have been aggressively pushing for the committee to hold cross-country hearings. This is being pushed back against by the government whip – err, “liaison,” and the leader of the Independent Senators Group, but that hasn’t stopped the agitation. Conservative Senator Michael MacDonald went so far as to pen an op-ed in the National Post that says the prime minister is trying to “keep the Senate from the people,” which is absurd on its face considering that Trudeau’s hands-off policy on the Senate is one reason why the Chamber is in a bit of disarray at the moment.

Meanwhile, there will be an effort from non-Conservative senators to see amendments to the bill, which could create its own delays as the debates and votes on those amendments could get drawn out for weeks, while the parliamentary calendar ticks down. (For reference, I wrote this piece last week, talking to lawyers on both the environmental and proponent sides of the issue about the kinds of amendments they would like to see). The bill has its issues, no doubt, but the rhetoric around it has reached hyperbolic proportions, and much of the opposition we hear has become based on myth rather than fact or analysis. That’s going to make the Senate’s deliberations more difficult in the weeks ahead, as people will be howling about non-existent segments of the bill, and we’ll hear the daily demands in QP that the bill be withdrawn, never mind that the current system isn’t working and has been the subject of numerous court challenges. I suspect this will become a very nasty fight before the end of spring.

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Roundup: We join you now from West Block…

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And so, the Big Move is complete, and the House of Commons has settled into its new home for the time being. Many MPs were still trying to find their way around the new building, going through wrong doors, coping with more cramped quarters, but they did make some history with the first instances of simultaneous interpretation of Cree in the Chamber thanks to Liberal MP Robert-Falcon Ouellette. The changes were all cosmetic as the partisan rhetoric on both sides largely remained the same dichotomy of pabulum from the Liberals, and lies from the Conservatives.

Just what kinds of falsehoods were being peddled? For one, the Conservatives leaned heavily on the notion that the Liberals had “raised taxes” on most Canadians, which isn’t actually true – it’s torque that comes from a Fraser Institute report that considers increased CPP contribution taxes (they’re not), and similarly calls the cancellation of non-refundable boutique tax credits in favour of the (non-taxable) Canada Child Benefit to be “tax increases.” Scheer lied that the government the government’s “own documents” show that they plan to raise the carbon tax to $300/tonne, which is also false, and as Alex Ballingall debunks here, it’s based on redacted documents that point out that higher prices will be needed to meet emissions targets, but don’t say that they are actually planning to do so. And Michelle Rempel also tried to make partisan hay of the fact that the government’s yearly quota of applications for family reunification immigration spaces was open for the space of eleven minutes before it maxed out and tried to equate this as somehow being the fault of asylum seekers who cross the border irregularly – another complete falsehood that Althia rage debunks here, and more to the point, Rempel is engaged in concern trolling – her own government did not prioritize this immigration stream and limited to 5000 cases per year while the Liberals increased it to 20,000. (They also tried to make the small number of spaces “fairer” by attempting to do it on a lottery system rather than one where high-priced immigration lawyers were able to get their files in faster, but that lottery system was abandoned this year). So yeah, the House was mired in bullshit today, but would the government refute most of this on the record? Not really – we got plenty of bland talking points instead that allowed most of these distortions to remain on the record. Slow clap there, Liberals.

Meanwhile, Chantal Hébert enumerates the government’s many self-inflicted wounds as the new sitting gets underway. John Ivison notes the same old fear and division being peddled by both sides despite the new digs. Paul Wells makes us feel bad for thinking that things might be different in the new locale. I was on Kitchener Today yesterday to talk about John McCallum, China, and the return of the House of Commons.

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Roundup: Debating the future shape of the Commons

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In a piece for Policy Options, Jennifer Ditchburn worries that there hasn’t been enough public discussion about the forthcoming renovations to the Centre Block, and what it means for our democracy. Part of the problem is the structure by which these decisions are being taken, and much of the decision-making is being put off until after the building is closed and the workers have a better sense as to the deterioration and what needs to be done as part of the renovation and restoration, which seems problematic. That said, it’s not like there hasn’t been any debate over the whole project, lest anyone forget the weeks of cheap outrage stories over the price tag of the “crystal palace” that has been created in the courtyard of the West Block to house the House of Commons on a temporary basis.

Ditchburn goes on to lament that we haven’t had any kind of public debate over how we want the House of Commons to look, and if we want to keep the current oppositional architecture (though she later tweeted that if forced to decide, she’s probably want to keep it). I will confess to my own reluctance to open up a debate around this because it has the likelihood that it will go very stupid very quickly, if the “debate” over electoral reform is any indication. We’re already bombarded by dumb ideas about how to reform the House of Commons, with ideas like randomized seating as a way to improve decorum, but that ignores both tradition and the fact that our system is built to be oppositional for good reason, as it forces accountability, and a certain amount of policy dynamism. I’m especially leery of the coming paeans to semi-circles, and people who think that the circular designs of the Northwest Territories and Nunavut legislatures as being at all replicable in Ottawa (which they aren’t).

If I had my druthers, I’d not only keep the current oppositional format, but would get rid of the desks and put in benches like they have in Westminster, thereby shrinking the chamber and doing away with means by which MPs have for not paying attention to debate as it is, where they can spend their time catching up on correspondence or signing Christmas cards, or playing on their iPads. Best of all, it does away with the mini-lecterns, which have become a plague in our Chamber as the scripting gets worse. The reasons for why they had desks have long-since vanished into history (as in, they all have offices now), and if we want better debates, then benches will help to force them (even if it means we’ll have to learn faces instead of relying solely on the seating chart to learn MPs’ names).

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Roundup: Getting the TPP to the finish line

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The bill to enact the Trans Pacific Partnership has passed the House of Commons and arrived in the Senate, and the race is on for its swift passage, as there is a desire for Canada to be among one of the first six countries to ratify the deal (currently three others have ratified). In the Commons, the NDP were the prime opponents to the deal, but they’re not a force in the Senate. The Conservatives in the Senate are just as keen on its swift passage as their Commons counterparts were – and they tried on more than one occasion to pass the bill at all stages without debate (because hey, who needs to do the job of scrutinising bills and holding government to account?)

While we can expect a bit more scrutiny in the Senate, I have to wonder where any delays will come from. When it comes to the Independents, one of their own are sponsoring the bill, so he will likely lead a push within that caucus in the way of organising briefings and trying to muster votes, so it would largely be an issue of whether any of them want some particular extended study on issues in the bill. The Senate Liberals tend to be free-traders, but they will want to insist on some scrutiny, as is their forte – they can often be counted on to do some of the heavy lifting that MPs are unwilling to do. So while I don’t expect them to hold up the bill, I would expect them to do their due diligence, which means it won’t sail right through, though I wouldn’t expect it to take long.

So where would I expect any delays to happen with this bill? With the Leader of the Government in the Senate’s office, given his reluctance to do any negotiation of timelines for bill passage. If there’s to be any delays, I personally would expect them to come from bottlenecks of other bills that are languishing because they can’t manage to get them passed at a reasonable pace because nobody wants to do the actual negotiation of timelines. Delays will come from incompetence, rather than malice. We’ll have to see how severe it will be, but that seems to be the state of things in the Senate these days.

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Roundup: Stuck on the Norman questions

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Yesterday’s somewhat bizarre Question Period, with the Conservatives focusing on a single question around Vice Admiral Mark Norman, certainly got the attention of media outlets, but it wasn’t all positive news, given how they it was also pointed out how they were lacking in any kind of prosecutorial style or killer instinct around it. It was just repetitive. Many of the points they made also didn’t seem to land – such as saying the PM had already “tried and convicted” Norman when he remarked that the courts would sort it out before Norman had even been charged – something that they are trying to use to insinuate that the whole affair is politically motivated.

As a reminder, Norman’s lawyers are looking for records from PMO, PCP, DND, the Department of Public Services and Procurement Canada, the Department of Justice, the Treasury Board, and the Atlantic Canada Opportunities Agency, and that the documents being demanded include cabinet minutes, briefing materials and memos, and some ask for all forms of communication including emails and Blackberry messages. Those have all been deemed Cabinet confidence, which the Canada Evidence Actallows government to keep secret – the danger there, however, being that the court could decide that if the government doesn’t turn them over that the trial isn’t a fair one, and they could dismiss the case. As I remarked in my QP recap, I think the possibilities exist that some form of access could be negotiated that could mean a court-appointed officer could examine them to determine what is relevant as they do in cases of national security-related secrecy (like terrorism trials or people being held on security certificates), because the laundry list being demanded by Norman’s defence could very well be a fishing expedition and they want as broad a swath as possible to try and find something, anything, of use. (It’s also likely that the information is not only Cabinet confidence, but also commercially sensitive, which adds new layers of complication).

The other interesting fact that is still playing out is the fact that another public servant has been named as an alleged leaker, but he has yet to be charged, and this fact is making the Conservative suspicious that this is making Norman out to be a political scapegoat. Or rather, that’s the claim they’re making as they put on their dog and pony show about trying to make this into some kind of a cover-up, but we have nothing to point to this one way or another – just innuendo, which is enough to make political hay out of.

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Roundup: Secret document demands

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The saga of Vice Admiral Mark Norman’s trial is making its way to the floor of the House of Commons, as Norman’s defence team has been trying to suggest that Brison tried to play a part in delaying the Davie Shipyard contract on behalf of his friends in the Irving family. Brison, meanwhile, tried to fend off the attacks in QP by suggesting that he did his due diligence as Treasury Board president to question the sole-source contract that the previous government entered into on the eve of the election.

Where this gets even more interesting, however, is with the suggestions in the documents that Norman’s team filed, was that senior bureaucrats tried to scuttle the deal because it could interfere with the established National Shipbuilding Programme, which everyone was so enormously proud of, and from there, Norman tipped off Davie officials, which was eventually leaked to the CBC. Added to that, Norman’s team are demanding a number of documents that have been deemed to be Cabinet confidence, which creates added complications because those are secret and could demand all new levels of safeguards for the court process if they are to be turned over. Trying to make political hay out of the government turning over the documents or not could be fraught with future consequences, however, for any future government that wants to protect secret materials from a court process, and given the growing propensity for people to turn to the courts when they lose at politics, that possibility could come sooner than one might expect. Nevertheless, this is an interesting case to keep an eye on, if only to shine a light on how broken our country’s procurement processes really are.

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Roundup: Carbon tax opportunism

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The latest round of carbon tax drama has the Conservatives drunk with glee, as Manitoba premier Brian Pallister’s decision to scrap his own carbon tax plans has them thinking that they now have a national momentum against carbon taxes. It’s not likely to be that simple – and they may find out that it may blow up in their faces. Pallister says he changed his mind about it after meeting with Trudeau, and found Trudeau intransigent on letting Manitoba keep their tax at a flat $25/tonne when everyone’s else was ramping up to $50/tonne, which sounds like a no-brainer – you want a consistent carbon price across the country to prevent leakage and to keep a level playing field. (Pallister also claims that their plan was so comprehensive, but in interviews would point to things like remediating mines and recycling programmes, which are not about addressing climate change, and his deliberate misinformation should be called out as such). But it also smacks of opportunism, given that small-c conservatives across the country are taking the election of Doug Ford in Ontario as some sign that there is an uprising against carbon taxes when that was very likely not the cause of his election, but rather it was the impetus for change from the province’s tired Liberal government. Overreading Ford’s “mandate,” if we’re going to use that word, is dangerous for them to do. Meanwhile, Ford was yukking it up with Saskatchewan premier Scott Moe in their insulting the federal carbon tax, each believing their mutual court challenges are going to go somewhere (they’re likely not), and Ford would say things like a carbon tax is the worst thing in the world and will do nothing for the environment – complete falsehoods, and all he has to do is look at BC to show the complete opposite.

The federal government, meanwhile, hasn’t been terribly eloquent in their response, on the one hand decrying Pallister’s “flip flop” and worrying that conservatives want pollution to be free, while also pointing out that when the federal backstop comes in, people will be getting cheques in the mail. And that’s going to be the Achilles heel of the federal Conservatives’ belief that the country is going to rise up against carbon taxes. They keep pushing the narrative that it’s a tax grab to feed the Liberals’ “out of control spending” when it’s in the enabling legislation for the carbon tax that the funds will be rebated. But the government hasn’t been eloquent – and has been barely competent – when it comes to any kind of messaging on this file, and that’s the part that will probably hurt them the most, and it’ll be a self-inflicted wound, which makes you just shake your head watching it all go down.

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Roundup: Scheer’s milquetoast response

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While Maxime Bernier’s Twitter missives continue to roll along, accusing Indigenous communities of playing the victim card and making some pointed remarks about the dedication of a Winnipeg park to the founder of Pakistan (on the date of Pakistan’s national independence), the calls for his ouster have started to mount, particularly from the Liberal side of the aisle – which won’t do much. Within the Conservative ranks, Senator Salma Ataullahjan is calling Bernier out for his divisive rhetoric, and said she planned to talk to Andrew Scheer about how poorly this is playing within the Pakistani-Canadian community that she has been reaching out to for the party. Scheer finally did issue a statement on Wednesday evening, and it was about as milquetoast as you can imagine.

The fact that Scheer didn’t actually condemn Bernier’s statement, and the fact that he immediately engaged in both-sidesism to condemn identity politics “on the left and the right” seems to fit with the fact that this particular kind of shitposting by members of his party is not only tolerated, but is the modus operandi of their current communications strategy. The fact that Scheer is using the same language about identity politics that Bernier is using certainly makes it sound like he’s more than just winking to them about the kind of dog-whistling that they’re engaging in. Whether this is because Scheer is afraid of alienating Bernier’s base within the party, or because Scheer himself sees this kind of footsie with xenophobes as a way of trying to keep the more intolerant section of the base mollified remains to be seen. Still – his choice of language, and his refusal to actually deal with the substance of Bernier’s comments is deliberate and simply raises far more questions than it answers.

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Meanwhile, Chantal Hébert wonders why Bernier is bringing up this fight when it’s even gone dormant in the Quebec provincial election, and wonders if it’s a dare to Scheer to discipline him when he may be the more popular figure in the party. It’s a good question, and Bernier certainly seems to be aiming for a fight at the upcoming convention.

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