Tag Archives: Jody Wilson-Raybould

Roundup: Bashing a fictional plan

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In the days ahead, you are likely to hear federal Conservatives start echoing Jason Kenney’s current justification for killing the province’s carbon price based on a report by the Fraser Institute. The problem? Well, the modelling that they used is based on a work of fiction, and not the plan that was actually implemented, and since the federal carbon price is closely based on the Alberta model, they will have roughly similar effects. But hey, why fight with facts when you can use fiction and straw men?

And for the record, here is the EcoFiscal commission explaining how the Fraser Institute got it all wrong.

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Roundup: Importing the culture war

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We’re not even in the writ period, and the imported culture war bullshit is already at a fever pitch. In order to capitalize on it being Ottawa Pride this weekend, the Liberals started passing around a video of Andrew Scheer’s 2005 speech denouncing same-sex marriage, under the rubric of Ralph Goodale calling on Scheer to attend his hometown Pride in Ottawa this weekend. (Note: We’ll see if Trudeau makes it to Ottawa Pride this year, as he may not be back from the G7 meeting in France. Trudeau has only ever appeared at Ottawa’s Pride parade once). And off they were to the races. Scheer’s director of communications said that Scheer “supports same-sex marriage as defined in law,” and would uphold it as prime minister – and then proceeded to name Liberals who previously voted against it.

What’s particularly cute about this defence of Scheer is that it does not say that Scheer’s views have evolved, and the use of “as defined in law” is that the law was a result of a Supreme Court of Canada reference, so there is no way that any government could try to repeal it without invoking the Notwithstanding Clause to escape a Charter challenge. But beyond that, Scheer’s people have not offered any kind of defence that he voted against the trans rights bill in 2016, which is more current and pressing of a rights issue than where we are with same-sex marriage. But it’s not really about same-sex marriage at all – it’s all about our political class being high on the fumes of the American culture war that they’ve been inhaling, and are trying desperately to recreate here because they all think it’ll be a political winner for them, rather than the fact that it will simply burn the house down around them.

In amidst this, Jagmeet Singh decided that he wanted to get in on the culture war action and declared that he wouldn’t prop up a Conservative government in a hung parliament based on this (fourteen-year-old) homophobia – which essentially means that he’s conceded that he’s not running to be the prime minister in the election, but is content to stay as the third party. There’s realism, and then there’s bad strategy. Singh then went on to list all of the Liberal failures on the LGBT file – except most of the ones he listed are in areas of provincial jurisdiction. Oops. This election is already so, so very stupid.

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Roundup: Unserious knee-jerk suggestions

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As expected, some of the sillier suggestions for avoiding future SNC-Lavalin-type Affairs have started cropping up, and yesterday, Policy Options hosted one from the head of the Canadian Taxpayers Federation. His suggestions? Splitting the role of Attorney General and Justice Minister, and to ban omnibus bills.

On the former, it’s clear that he didn’t actually read the McLellan report beyond the headlines, because he would have seen – as Paul Wells pointed out so ably in his own piece – that the guidelines that McLellan puts forward in the report would have prevented this whole sordid affair before it got off the ground. (Side note: It may not have prevented Jody Wilson-Raybould from being shuffled, given the lack of competence she had demonstrated in the role overall, and Scott Brison was going to retire regardless, so that likely would have happened, but the fallout may not have gone quite the same way). There is no reason given in the Policy Options piece for rejecting McLellan’s advice – just that the whole Affair has damaged the public confidence. So that gets a failing grade.

As for the suggestion to ban omnibus bills, he doesn’t quite grasp the magnitude of the suggestion. He claims, not incorrectly, that they exist for the sake of efficiency, but that efficiency is largely because there are many pieces of legislation every year, where if you introduced individual bills for each component – such as around technical changes in a budget implementation bill – Parliament would grind to a halt. There is a time and a place for omnibus bills – the difference is when they are being used abusively. The Conservatives stuffing changes to the Canadian Environmental Assessment Act into a budget implementation bill? That’s abusive. The Deferred Prosecution Agreement provisions being put into the budget bill? It’s borderline, but it wasn’t hidden or snuck through – it was in plain sight, the committees in both Houses each saw it and dealt with them (albeit less effectively on the Commons side), and the Commons has new rules to deal with splitting up votes on omnibus bills. Ironically, if the DPA legislation had been put forward as a separate bill, it likely would have languished until swallowed up by an omnibus justice bill, as happened to several other criminal justice reform bills over the course of the last parliament (speaking of Wilson-Raybould’s ability to manage her own bills). But the suggestion to simply ban all omnibus bills is unserious and jejune, and a perfect example of the kind of knee-jerk suggestions we’re going to see plenty of in the days ahead.

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Roundup: Trying to play the tough guy

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Now that the Ethics Commissioner’s report is out in the open, the Conservatives are doing their best to try and capitalise on it – both with the coming Ethics Committee meeting (that is going to be shut down), and in Scheer trying to look tough on the issue. After calling on Liberals to essentially turn on Trudeau – something that would be far more effective if this were the era of caucus selection of leadership so that they could hold him to account – he also decided to take matters into his own hands at the National Acadian Day festivities in Dieppe, New Brunswick, earlier this week. When Trudeau spotted Scheer in the crowd, he came over to shake his hand, and, camera rolling, Scheer told him “You have to stop lying to Canadians. You need to come clean.” Trudeau, true to form, responded with a nonchalant “Oh, this is a good day today,” and went back to glad-handing with the crowd. Scheer has been trying to make the video go viral, but…he looks kind of awkward in it, like his attempt at being tough and in Trudeau’s face were essentially laughed off. I’m not sure how this bolsters Scheer’s case, but, well, he’s trying to convince his online audience of it.

There were also tongues waving and actual salivation over the revelation that the RCMP had been in touch with Jody Wilson-Raybould after the allegations first surfaced in the Globe and Mail back in February, but nothing has come of it since, and PMO assured the CBC that they had not been contacted by the RCMP. (I find it hard to believe anything will come of that either, given that there’s nothing they could charge them with – and no, this can’t possibly be obstruction of justice because a DPA is not getting off scot-free).

Meanwhile, a bunch of people are trying to be clever about Trudeau’s refusal to apologise for this situation by contrasting it with all of the various official apologies he’s made for historical injustices, as though there can be a actual equation of the two. Worth reading, however, is this thread from a legal analysis of the Ethics Commissioner’s report, and it pokes a number of holes in it, rendering it all the more problematic (which isn’t to say to say that there wasn’t any wrongdoing).

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Roundup: The inevitable committee bat-signal

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And now, the hangover from Wednesday’s Ethics Commissioner’s report, starting with the inevitable demand from the opposition parties that the Commons Ethics Committee reconvene for an emergency meeting to hear from the Commissioner, plus a list of witnesses, to fully explore the whole thing in front of the cameras yet again. And while a meeting has been called for next Wednesday, it will inevitably be that the Liberals on the committee (or rather, those from nearby ridings who have come to the meeting to fill the seats) will say that with the report, we’ve heard everything we need to and Canadians can make a decision in October, and deny permission for the meeting, which will then be followed by the other parties bemoaning the cover-up and secrecy, and then we’ll move onto campaigning. As you do.

Elsewhere, we heard from Jody Wilson-Raybould who said that the revelations about how deeply SNC-Lavalin was working with the department of finance was a surprise to her. Jane Philpott said she felt sad by the whole affair, and troubled by the attempts to discredit Wilson-Raybould in the prime minister’s submissions to the Commissioner, and she thinks an apology is warranted. Trudeau, however, is steadfastly not doing so. Mario Dion thinks that his office needs the power to levy sanctions for breaches like this one, as there currently aren’t any. SNC-Lavalin will be carrying on with their Federal Court of Appeal bid to get judicial review for the Director of Public Prosecution’s decision not go discuss a DPA with them.

Another emerging theme from this whole sordid affair is the issue of the post-retirement careers of Supreme Court of Canada justices, several of whom became embroiled in the affair. Amid calls for new rules around what constitutes proper activities for these retired justices, there does seem to be a recognition by the current Chief Justice and the Canadian Judicial Council that there may be an issue, and they are having these discussions.

Meanwhile, Chris Selley notes that the Commissioner’s report seems to impugn the way that governments do business, especially when they make a big deal about investing in a company and showing up with a giant novelty cheque (though we’ve seen a lot fewer of those under this government than the previous one) – and he thinks it’s about time. Law professor Errol Mendes details how Dion has made a serious misinterpretation of his enabling legislation and jurisdiction in the creation of this report, which should be concerning (and We The Media need to be far less deferential to Officers of Parliament because they are not always right).

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Roundup: Competence, communication, and the Commissioner

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Yesterday was political theatre in the extreme, as the Ethics Commissioner, Mario Dion, released his report into the Double-Hyphen Affair. His conclusions were damning for Trudeau (but suspect – more on that a little later), and there was some genuinely troubling revelations in there, such as the fact that it seems that it was lobbyists from SNC-Lavalin who were the ones who suggested putting the Deferred Prosecution Agreement legislation in the budget, and seemed to be attempting to stage-manage the whole thing – right up to dreaming up elaborate schemes to try and bring former Supreme Court of Canada Chief Justice Beverley McLachlin into the fold, only for her to tell them that she’d wait to hear from Jody Wilson-Raybould. (Reminder: DPAs are not an invention of SNC-Lavalin, but have been a tool in other countries for over a decade, and Canada was a laggard in adopting them, and even then, we didn’t do a very good job of it, and yes, there is a lengthy paper trail of the consultations undertaken by the government on this. Also, they’re not a get out of jail free card – they do involve penalties, but would enable the innocent employees and shareholders of a company to not suffer for the actions of a few). As troubling as this is, my biggest takeaway is the absolute crisis of competence within this government – officials in different ministers’ offices who didn’t communicate with one another, which was compounded by Wilson-Raybould not offering any explanations for her decisions so that they could be communicated to either SNC-Lavalin or even the other departments. Recall that the infamous Wernick call that Wilson-Raybould was prefaced by Wernick that he was looking for an explanation, and ended when Wilson-Raybould said that she turned over a report to PMO weeks previously, to which Wernick responded “That’s news to me.” If Wilson-Raybould was being continuously bombarded from all sides, it’s because there was a lack of clear communications from all sides. Was that improper interference? Well, that’s a bit of a judgment call, though Dion argued that it was. You can take that for what you will.

With the release of Dion’s report came the release of Anne McLellan’s own report into the structure of the Minister of Justice and Attorney General’s office, which ultimately concluded that the roles didn’t need to be separated, but that clearer guidelines needed to be established – including better communication from the Attorney General on decisions that were of interest to the government.

(Meanwhile, here are some primers on the Shawcross Doctrine, who Mario Dion is, and a timeline of events).

As for reactions, Andrew Scheer was predictable in saying that this was “unforgiveable,” decried that this was the first prime minister in history to have been found to have broken ethics laws (laws that only applied to two prime ministers, so that history is pretty short), and that he wants the RCMP to investigate…something. We’re not quite sure what. Unsurprisingly, Wilson-Raybould issued a statement shortly after the release of the report, saying that she has been completely vindicated. Trudeau himself said that he doesn’t agree with all of the conclusions – particularly that you can never debate an issue with the Attorney General – but said he accepted the report and took responsibility, and that they would learn from it – and lo, they have the McLellan Report to draw more of those lessons from as well.

What virtually nobody actually made any mention of, save a handful of lawyers, was the fact that the Commissioner’s findings resulted from a very large overreading of that section of the Conflict of Interest Act – so much so that it was hard to see how his understanding of “private interest” fit in with the definition of a conflict of interest. In fact, in the report, Dion stated that the initial complaint was under Section 7 of the Act, and while found that was not violated, he then decided on his own volition to see if Section 9 wasn’t a better fit, and then showcased how he jumped through a number of hoops to arrive at that conclusion. He also complained that he wasn’t given access to documents that fell under Cabinet Confidence, and argued that his mandate made that access “implicit” rather than explicit, which should be a warning sign of an Officer of Parliament that is trying to claim more powers than Parliament originally allocated to him. That should be concerning – as is the fact that everyone credulously cherry-picked the damning paragraphs from the report rather than looking at it in context, and the fact that the basis for those conclusions are actually problematic. This doesn’t mean that wrongdoing didn’t occur – just that the report itself was arrived at by a great deal of overreach, which should colour the conclusions, but nobody in the media did any of that critical thinking.

In hot takes, Chantal Hébert was first out of the gate, to wonder if this would be a fatal wound for Trudeau given how scathing the report was. Robert Hiltz castigates Trudeau’s inability to apologise because that would mean that the government was acting in SNC-Lavalin’s interests and conflating it with that of the country. John Geddes wonders why SNC-Lavalin never took Wilson-Raybould up on her offer to pass along their public interest arguments to the Director of Public Prosecutions (and the answer is fairly unsurprising). Andrew Coyne says the problem is not any conflict of interest, but the possibility of an abuse of power. Paul Wells notes the report is another reminder to Trudeau that his is a job where he makes decisions that have consequences, which he may not seem to grasp.

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Roundup: The bitumen-soaked petard

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Probably the most important piece you could read from yesterday’s offerings was this analysis from energy economist Andrew Leach, who dismantled much of the logic behind the Conservative environmental “plan” that Andrew Scheer was so proud of. Aside from the fact that it lacks detail, it’s full of contradictions (such as eschewing carbon taxes, and yet does largely the same thing with large emitters), and a lot of things that don’t make sense. Leach not only calls out the fact that the “plan” is full of straw men and distractions (such as the focus on raw sewage), but probably most devastating is that he punches holes in the plan for the Canada Clean Brand™ that Scheer is trying to promote – the notion that Canadian products are “cleaner” and should displace those abroad, thus keeping Canadian jobs and still (ostensibly) lowering emissions. And while that may be true enough with aluminium, it’s certainly not for our oil exports, which kind of blows the whole thing out of the water. Oops.

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QP: One last “PMQ”

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It promised to be the last big show of the 42nd Parliament, with all of the leaders present for one last time. Andrew Scheer led off in French, worrying about the start date for the Trans Mountain expansion, studiously ignoring the Federal court of Appeal decision that revoked the permit. Justin Trudeau reminded him that Stephen Harper didn’t get any pipelines to new markets, while he ensured they got proper buy-in from Indigenous communities. Scheer switched to English to repeat his disingenuous lines, and Trudeau repeated that the only way to build energy projects was to work in partner with Indigenous people. Scheer got increasingly breathy as he accused the government of trying to phase out the energy sector, to which Trudeau replied that the Conservatives won’t take yes for an answer, and that they were succeeding in what the Alberta energy sector had asked for. Scheer shouted about all the things he would do to build pipelines and said the prime minister couldn’t get things done, and Trudeau calmly replied that the Conservatives still don’t understand why they failed the economy for ten years. Scheer rose one last time to assure Trudeau that a “real plan for the environment” would come at five o’clock, before he switched to some scattershot condemnation about the Liberals protecting corporate interests, and Trudeau listed off all the things that Scheer didn’t get about the environment. Jagmeet Singh was up next, and in French, he demanded the government spend on green projects instead of pipelines, and Trudeau took up a script to list off all of the measures they have taken to help the environment. Singh, in English, declared that the TMX would generate no profits — which is news to everyone — and he decried the government not protecting the environment. Trudeau picked up the English version of the script to list the measures that they have taken. Singh flailed around about measures for the environment, and Trudeau reiterated his previous response without a script, before he put it back to Singh that there were Indigenous communities supported the project. Singh switched to French to worry about the project some more, and Trudeau raised the fact that the pipeline was more responsible than moving oil by rail.

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Roundup: Mild consequences for an outburst

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It took several days, and the announcement happened fairly late on a Saturday night, but Andrew Scheer decided to strip Michael Cooper of his committee duty – but not deputy critic portfolio – after his committee outburst last week, when he lashed out at a Muslim witness who suggested that conservative commentary was in part responsible for radicalizing some white supremacists, including the shooter of the Quebec City mosque. Cooper’s outburst, you will recall, was to attack the witness and quote from the Christchurch shooter’s manifesto, not only naming him (as the New Zealand government has been reluctant to do) and reading part of that manifesto into the record, so that it will forever be part of the archives of the Parliament of Canada. Scheer said that he was satisfied with Cooper’s apology (which was tepid at best), and that he considered the matter closed now that he removed Cooper from the committee. Funnily enough, Cooper described it as “agreeing” with Scheer that he shouldn’t sit on that committee, which doesn’t sound like it was that punitive (and I’m not sure that removing someone from duties is really that punitive. Putting him on permanent Friday House duty would be more punitive than giving Cooper less work to do).

The witness at the receiving end of Cooper’s outburst, Faisal Khan Suri, says Scheer’s response is not good enough, and says that Cooper should be booted from the caucus. And to that end, Scheer made his big point about showing people the door if they don’t believe in equality (and Cooper reading from a white supremacist manifesto would seem to be a line that was crossed), but well, the matter is “closed.” Not that the Liberals will let them forget it, but this is politics these days.

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Roundup: From a bad bill to a useless one

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Rona Ambrose’s judicial training bill looks like it may have some life left in it, as Independent Senator Pierre Dalphond himself a former judge, has started making deals and compromises to see the bill go ahead in an amended form. Working both with the bill’s Senate sponsor and one of its critics, Dalphond has come up with an amended version of the bill which should address most of its critics, and apparently got a procedural deal passed in the Senate as a whole, which gave instruction for the legal and constitutional affairs committee to hold a special session next week to deal with the bill, outside of the normal process where it would be dealing with government business (which is the whole reason the bill hasn’t gone anywhere – the committee is loaded with government bills, which Senate rules state needs to take precedence).

The amendments would ensure that a judicial appointee must commit to sexual assault law training as designed by the Canadian Judicial Council, and administered by the National Judicial Institute – moves that address many of the concerns around judicial independence (which likely would have rendered the bill unconstitutional), and would have created conflicts of interest where the bill as it stands would demand that future judges need to be trained by sexual assault survivors groups – the same groups that would normally be called upon to be expert witnesses in trials. This help to address other concerns about the bill, such as access for lawyers who aren’t in urban centres, or that requiring training before application would tip off coworkers to those lawyers that they were applying for a position on the bench. I remain curious what other objections the Canadian Judicial Council still has about the bill, but I guess we’ll find out next week when they will likely appear at the committee.

This all having been said, we need to remember that the Canadian Judicial Council has been seized with this issue for a few years now and has been ensuring that there is better training for judges, which is as it should be – the system is already working. That means that Ambrose’s bill is really, if amended, just another bit of feel-good legislation that MPs keep burdening the Order Paper with. (Note that as it stands, the bill is likely unconstitutional and actually a very bad bill despite its good intentions). And as with so many feel-good bills, it takes up all of the space in the media for little actual benefit, but that’s politics these days, unfortunately.

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