Tag Archives: Jody Wilson-Raybould

Roundup: A policy without details, part eleventy

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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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Roundup: No contrition

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Despite the Liberals having floated that the notion that Justin Trudeau may be striking a more conciliatory tone over his handling of the Double-Hyphen Affair, when he called an early morning press conference before getting on a plane to Iqaluit (and having to turn back because of weather), Trudeau was decidedly not conciliatory. Or apologetic. But he did say that they were always learning lessons, and this too was one more of them. Of course, I’m not really sure how conciliatory he really could be – he has basically boxed himself into a corner where he can’t admit wrongdoing, because that would mean he undermined the rule of law, but he also has to look like he’s sensitive enough as to why Jody Wilson-Raybould resigned while still trying to brazen it out. It’s one hell of a juggling act, but nobody seems to be buying it. And so, while mouthing words about leadership styles and trying to put forward the notion that Wilson-Raybould didn’t come to him with her concerns where the door was open, one of his soon-to-be departing MPs, Celina Caesar-Chavannes tweeted that she tried to do so, twice, and was apparently rebuffed (and then refused all media entreaties to clarify). So there’s that.

In related content, some Indigenous and Métis leaders say that Wilson-Raybould could have effected real change had she taken over the Indigenous Services portfolio that she rebuffed. Here’s a list of outstanding questions we have after discrepancies between Wilson-Raybould’s testimony, and that of Gerald Butts and Michael Wernick. And since the opposition members of the justice committee have seen fit to recall the committee next week, they may have the opportunity to call past witnesses back…again. The National Postrounds-up the international and Quebec reactions to the ongoing story. And of course there are the premiers of Saskatchewan and Alberta (and Brad Wall) whinging that this shows special consideration for Quebec-based jobs, while conveniently ignoring that Trudeau bought a pipeline and has been shovelling federal dollars into the energy sector of late. Here’s a look at what a 10-year ban on federal contracts could mean for SCN-Lavalin, as they are now lobbying for leniency if they are convicted, and updates to the integrity framework could be flexible enough that they could avoid debarment.

In pundit reaction, Chris Selley is having none of Butts’ explanations for the Cabinet shuffle math. Jason Lietaer offers suggestions as to how Trudeau could have fixed the situation (but that would mean showing contrition, which is risky for him to do). John Geddes makes the point about how Trudeau promised not to centralise power in his office, but certainly appears to have anyway. Robert Hiltz has a hard time figuring out just what lessons Trudeau says he’s learned, given that he seems oblivious to it all.

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Roundup: Hunkering down in the PMO

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The Double-Hyphen Affair took a bit of a breather yesterday, but will be back in full gear today as Gerald Butts and Michael Wernick testify at the justice committee. It will be interesting to see how they try to refute (or at least nuance) Jody Wilson-Raybould’s testimony last week, without trying to cast her as the villain or the problem. Meanwhile, Justin Trudeau cancelled an appearance in Regina yesterday and returned to Ottawa to hunker down, and his office is floating the news that he’s going to try for a more conciliatory tone – with some new lines that he tested out at the Toronto audience on Monday night. Elsewhere, Liberal MP Steve MacKinnon had to walk back his comments that SNC-Lavalin was “entitled “ to a deferred prosecution as a poor choice of words (no kidding), but said that they remain a candidate for one. More Cabinet ministers are giving their reassurances to the media, such as Chrystia Freeland did yesterday, including the assurance that yes, Trudeau is still a feminist leader. Also making the rounds was former Liberal deputy prime minister Sheila Copps, who took the aggressive line that Wilson-Raybould and Jane Philpott were unused to the rough and tumble of government because they hadn’t spent any time in opposition, and she urged Trudeau to kick them out of the party (which I think would be an even bigger mistake, but what do I know?) We also learned that David Lametti has asked for outside legal advice on “issues raised” by the current Affair – but not the question of the deferred prosecution agreement itself, in case anyone thinks this is him buckling to the kind of pressure that Wilson-Raybould was alleging.

For context, Tristin Hopper talks to a number of legal and constitutional experts about what has transpired in the Affair, and lo, this is largely a political issue that will have a political solution. Imagine that. Here’s an examination of how the playing field remains tilted against Wilson-Raybould because of her status as an Indigenous woman in what has been a field dominated by white men. Here’s a look at how the Liberals could turf Trudeau (but seriously, if you want a better discussion on this, read my book).

In pundit reaction, Susan Delacourt wonders why Trudeau keeps finding himself surprised by these recent events, particularly the resignations. Jason Markusoff warns that the Liberals appear to be gearing up to use “the other guys suck” as their campaign platform. While there is no hint of a backbench revolt (no, seriously), Kady O’Malley nevertheless games out how such a revolt could bring down the government. Philippe Lagassé expands on his previous post to talk about how this whole Affair proves that our system of parliamentary accountability is actually working. My column assesses the state of play for Trudeau, and how his way out of this Affair is going to be extremely tough to achieve.

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Roundup: The Philpott extraction

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Because the government’s handling of the Double-Hyphen Affair (as I am now dubbing it) needed another bombshell, it came in the form of Treasury Board president Jane Philpott resigning, citing that she had lost confidence in the government over its handling of the Affair, and because she could no longer abide by the principles of Cabinet solidarity throughout it. It’s a rare resignation on principle, and one that causes no end of damage to Trudeau (and more importantly for his electoral chances, his brand). To lose of his most capable ministers is far harder to try and pretend is just a disagreement over semantics than he could with just Jody Wilson-Raybould off-side.

Trudeau, of course, shrugged it off at his event that evening, still showing no contrition, but he did deploy some lines about “encouraging disagreement and debate,” and that there was “important debate” about how the ministry conducts themselves, which could signal that more heads are about to roll. Maybe. But the Liberals continue to hurt themselves, as parliamentary secretary Steve MacKinnon went on the evening politics shows and made the tactical error of saying that SNC-Lavalin was entitled to a deferred prosecution agreement, because otherwise they were at a disadvantage to international competitors who were able to get such agreements form their own governments. The use of “entitled” set off everyone’s alarm bells, and one imagines he’ll be cringing about it for the next few weeks if this whole Affair carries on much longer.

For context, there have only been two – maybe three, depending – resignations on principle in recent history. Here’s a recap of Philpott’s time in politics.

In punditry, and of course there was no shortage of hot takes, Robert Hiltz wonders how much longer this whole Affair can keep going on, particularly if Trudeau keeps on his current path. Matt Gurney wishes the Liberals luck in spinning the departure (indeed, Trudeau basically shrugged it off), while Jen Gerson says that Trudeau’s handling of this Affair has turned it into an existential crisis for his government. Paul Wells takes it a step further, pairing this with the shenanigans going on in Queen’s Park with the firing of the deputy OPP commissioner, and wonders if the culture of respect for the rule of law is being eroded in this country, sacrificed at the altar of political expediency. (This after Wells also accused Trudeau of essentially being a phony, not governing in the way he presents himself to the world). Chantal Hébert ponders whether Trudeau is capable of raising his game after the past three weeks. Susan Delacourt points out that the way this has played out is so different from previous departures that it leaves Trudeau without any kind of guidebook, and makes the added observation that women are changing politics – but not in the way that Trudeau expected.

In advance of this all, however, Andrew Coyne penned another one of his missives about this Affair, decrying that the system hasn’t worked because it was up to one woman to keep the system intact. Philippe Lagassé pushes back against this particular depiction, and I’m Team Phil on this one.

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Roundup: A plan to run again

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In her first media remarks since her testimony to the justice committee last week, Jody Wilson-Raybould told her local newspaper that she feels “overwhelmed and grateful” for the response from thousands of Canadians over the past week, and that she fully intends to run again for the Liberals in the fall. Mind you, people keep asking Trudeau if he’ll let her stay in caucus, and he says he’s still thinking about it, but Wilson-Raybould did secure her nomination last year. Granted, things have changed in the time since, and her riding association may feel differently about her now than they did then, which is certainly one danger from holding nominations too soon. This said, it’s a bit of a dilemma for Trudeau, who likely feels pressure from MPs who feel betrayed by her – though, as John Geddes discusses in this examination of the situation, it has been remarkably free of acrimony compared to previous examples of exits. Trudeau likely also feels the need to appear magnanimous and that there is room for dissent in the Liberal party. Of course, there was already one columnist who said over the weekend that if Trudeau lets her stay in, he appears weak – because why bother having a whip that enforces caucus discipline when you have the media to do it for you? Cripes.

Meanwhile, David Lametti says there may be contexts where it may be appropriate for a government to interfere in a criminal prosecution, but because it’s a TV interview, he didn’t explore that further, and that will likely be spun completely. It’s also being noted in Halifax that Lametti ordered a new trial for a Halifax man who was found to be falsely convicted for a murder he didn’t commit, but that Wilson-Raybould sat on the recommendation for a new trial for a year-and-a-half, whereas Lametti ordered the retrial within a month-and-a-half (and that re-trial lasted five minutes because the Crown had no evidence to offer).

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Roundup: A small shuffle

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The practical fallout from Jody Wilson-Raybould’s resignation played out with a minor Cabinet shuffle yesterday morning, but rather than simply picking another backbencher to slot into the veterans affairs portfolio, Justin Trudeau moved Lawrence MacAulay from agriculture to put him in veterans, moved Marie-Claude Bibeau from international development to agriculture, and gave the international development portfolio to Maryam Monsef in addition to her status of women portfolio. There are a couple of calculations here – MacAulay held the veterans file over twenty years ago, so he’s not completely new, and he’s someone who is running again and has held his seat forever, so he looks like a steady hand in the department (and as a bonus, the department headquarters is in Charlottetown, and he’s a PEI MP). Bibeau, meanwhile, gets the distinction of being the country’s first woman agriculture minister, but she herself pointed out that she’s from a rural Quebec riding with a lot of dairy farmers, and she knows their issues well, and that’s a constituency that this government is keen to placate after concessions made in TPP and New NAFTA. And Monsef? She’s got a track record of good work in the portfolio’s she’s held, and can handle the added responsibility, as well as it reinforce the whole “feminist foreign policy” line of the government (not that you’d know it from how they’re funding it, but whatever).

In other SNC-Lavalin/Wilson Raybould Affair news, the opposition parties demanded that Parliament be recalled next week to keep this issue going, but Trudeau refused (and it’s worth remembering that the justice committee will still be meeting over the constituency weeks). Former Conservative and NDP Attorneys General have also written to the RCMP to demand an investigation (no political interference here), while former Liberal ones say there’s no clear criminal case. New Attorney General David Lametti says he wasn’t aware that Wilson-Raybould had already made the decision on the SNC-Lavalin file when he took over the portfolio, and that he’s still getting all of the facts on the situation.

For context, here’s a profile of Wilson-Raybould’s former chief of staff, Jessica Prince. Here’s a look at whether the Ethics Commissioner can really look into the whole matter. Here’s a look at the government’s reconciliation agenda in the lens of Wilson-Raybould’s demotion and resignation, and why her Indigenous world-view may have informed her decision not to go ahead with insisting on a deferred prosecution agreement for SNC-Lavalin. Here’s a look back at the measures the Conservatives put in 13 years ago to separate the role of the Crown Prosecutor from the Department of Justice, creating the Public Prosecution Service, which was one of their measures when they rode in on the white horse of accountability. In light of Michael Wernick’s testimony, here’s a look back reforms Brian Mulroney made to the role of Clerk of the Privy Council, which may create untenable contradictions in his role. Here are five possible scenarios for the future of SNC-Lavalin if the trial goes ahead, which includes decamping for the UK, or a foreign takeover.

And for pundit comment, Chantal Hébert has four questions about the ongoing situation. Andrew Coyne is not convinced it’s time for a prime ministerial resignation or an RCMP investigation, but that a rethink of our governing culture nevertheless is what will ultimately be needed. My weekend column contemplates the damage to Brand Trudeau™ after the SNC-Lavalin/Wilson-Raybould Affair.

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Roundup: In the testimony’s aftermath

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Yesterday was the day for performative outrage, as the Conservatives demanded – and got – an “emergency debate” on their call for Justin Trudeau to resign. Of course, given the reality of how our parliament works these days, “debate” is a term to be used very loosely, and it was more like several late-night hours of stilted speeches being read to one another for the sake of looking tough. Woo. On the committee front, Gerald Butts offered to testify on his own behalf, which was accepted, and both Michael Wernick and the deputy minister of justice are on their way back for another round, though none of the other staffers mentioned by Wilson-Raybould are (though that is also because they shouldn’t appear before committee, under the doctrine of ministerial responsibility – it’s for ministers and deputy ministers as accountability officers to appear as they are responsible for them). Ministers of the Crown were also doing the media rounds, including Bill Morneau and Chrystia Freeland, and most of them were offering variations of the line that while they thought that Jody Wilson-Raybould was telling the truth as she saw it, they also believe the PM in that he would never be inappropriate or cross a line, which made most of the pundit class’ heads implode – never mind that the crux of this whole matter is that it’s a subjective test as to what kind of pressure is or is not appropriate. (On a related note, the Liberals really, really need to put Carla Qualtrough out more. She is easily one of the best communicators that they have in Cabinet, but she never gets out there enough on items other than Phoenix, which is too bad because they desperately need someone with her communications skills out in public). And we’ll see how this continues to play out in the caucus as well, given that the usual suspects are not remaining so silent, and the not-so-usual suspects have openly stated things like “sour grapes” (before being made to apologise).

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For context, here is a comparison between what Wilson-Raybould said, and what Michael Wernick testified before the committee. Here’s a look at whether the Ethics Commissioner really can get to the bottom of this whole mess. Here’s the who’s who of everyone Wilson-Raybould named in her testimony. Here’s a roundup of how the Quebec press is treating Wilson-Raybould’s testimony.

In punditry, Susan Delacourt looks at how nervous the Liberal caucus seems by this whole affair, and what that disaffection may be doing to the party in the longer term. Robert Hiltz suggests that Trudeau take a long, hard look at himself and his government, given what this situation has revealed about them. Chris Selley points out that the Liberal treatment of not being Stephen Harper as a virtue is going to be something that ends up costing them.

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QP: Making demands to an absent PM

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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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Roundup: Trying to draw the line of appropriateness

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I think it’s fair to say that Jody Wilson-Raybould’s testimony at the Commons justice committee was far more explosive than most of us anticipated. Several of us had anticipated to be something that was going to be sufficiently vague so that everyone could read they wanted into it, and we’d be no better off than before. Well, that didn’t happen. Right off the start, she detailed how she was inappropriately pressured by several senior staffers, and a four-month campaign to get her to change her mind on the question of SNC-Lavalin, and the line for her was when they tried to make the case that SNC-Lavalin packing up their headquarters for London either in the middle of the Quebec election or six months before a federal election would be bad news for everyone, and saying that the prime minister made the point that he’s a Montreal MP. She also stated that she didn’t feel the need to resign but would have if they overrode her and published a direction in the Canada Gazette to the Director of Public Prosecutions (no kidding), but toward the end, she did say that nothing illegal happened (despite the fact that the Conservatives have spent the past two weeks trying to make the case that criminal obstruction of justice happened). Oh, and she refused to say whether she still has confidence in the prime minister. (More highlights here). While the opposition questions were, well, less questions than assertions that they believed her version of events and for her to elaborate on just how pressured she felt (and they asked the same thing over, and over, and over, for the entire four-hour hearing), while the Liberals made a somewhat concerted effort to poke holes in where she drew the line of what was inappropriate, and of her loyalty to the prime minister as party leader. Also noteworthy was that very few of the MPs who were involved in questioning were regular members of the committee – the Liberals somewhat inappropriately pulling in a parliamentary secretary for finance, Jennifer O’Connell, along with Ruby Sahota, to be their lead questioners, while the Conservatives pulled in Lisa Raitt and Pierre Paul-Hus as their “heavy hitters.” (The NDP also brought in Charlie Angus and Nathan Cullen to delivery sanctimony in the later rounds, once regular committee member Murray Rankin, had asked his questions).

When it was all over, Andrew Scheer rushed to a microphone to declare that Justin Trudeau needed to resign and the RCMP needed to open up an investigation, immediately overplaying his hand. Jagmeet Singh in turn demanded a public inquiry, but then again, there is nothing that doesn’t demand a national public inquiry. And Trudeau? He came out and said that he completely disagrees with Wilson-Raybould’s characterization of things, that they never crossed a line, and went back to his line about standing up for jobs while respecting the rule of law.

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But that’s really where this all winds up, doesn’t it – the subjective line of what constituted “inappropriate” pressure. And this is where the utility of any kind of investigation will fail – the Commons committee certainly won’t be able to come up with a definition because of partisan interest (and no, the Senate would not really do any better, nor do they have the time to devote to their own study of this issue because they are facing a crisis on their Order Paper). The Ethics Commissioner doesn’t have the ambit to deal with this kind of situation. A public inquiry would be led by a former jurist, but this is not a legal question – it’s one of subjective ethical considerations. That’s why this isn’t some black-and-white issue with regard to being on Trudeau or Wilson-Raybould’s side, because there isn’t a clear line. Was the amount of pressure the PMO was putting on her inappropriate? Probably, if her version of events is to be believed (and the description of trying to get an eminent legal mind to provide a third party opinion they could use did stick in my craw, though you will recall that Stephen Harper did the same thing in his attempt to put Marc Nadon on the Supreme Court), but they will be quick to justify it with political considerations (which, let’s face it, are not insignificant for any party). I fully expect Trudeau and the Liberals to try and nuance the hell out of this in the coming days – once you give them the requisite 36 to 48 hours to finally stop stepping all over their message and come up with a coherent line – and there may be another resignation or two from the PMO, but it won’t be from Trudeau. When the committee inevitably recommends that the government split the role of minister of justice and Attorney General into two separate roles, I would imagine that Trudeau would be all over that as a demonstration of good faith, but remember that would require a legislative change, and we’ll see if there’s enough time for that to pass in the remaining weeks of this parliament, or if it becomes an electoral promise (from all parties) to tackle first thing in the next parliament. We’ll have to see.

In hot takes – and there were so, so many, Andrew Coyne calls it a full-out crisis for the PMO and Wilson-Raybould’s testimony to be “damning evidence”, while Chantal Hébert suspects that Trudeau will cling to the line that no laws were broken. Colby Cosh calls it the most compelling event in our Parliament in ages which doesn’t paint a pretty picture of “business as usual,” while Susan Delacourt says that this demonstration of the hard cynicism of power makes it difficult for Trudeau to run on “sunny ways” again this fall. There were a number of columnists that started writing Trudeau’s political obituary, but I frankly didn’t bother with them because seriously, we are a long way from that, particularly if Quebec takes the position that he was standing up for them and their jobs. Paul Wells pens a scorcher about pressure, partisanship, and the particular moral morass that the Liberals find themselves in after this whole affair.

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QP: But why won’t you waive all confidences?

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In advance of the much-anticipated testimony from Jody Wilson-Raybould at committee, MPs were gathered for proto-PMQs. Andrew Scheer led off in French, reading that the prime minister is still dictating what Wilson-Raybould is able to say. Trudeau stood up, with a script, and he disputed that by insisting that they waived confidences and privilege so that she can give a full airing. Scheer switched to English to repeat the accusation, and Trudeau put down the script to repeat his points, calling that waiver unprecedented because Canadians need to hear different perspectives on the matter. Scheer insisted that the fine print shows that something happened, and Trudeau repeated that they waived any confidences or privileges that would constrain her. Scheer tried yet again to insist that there was still something being hidden, and Trudeau responded with a soliloquy about how seriously they take the rule of law and our institutions. Scheer demanded to know why he wouldn’t waive any remaining privilege, and Trudeau reminded him that there is a specific issue at play. Guy Caron was up next, and in French, he repeated the same concern that Wilson-Raybould was still being muzzled, and Trudeau responded that they had confidence in the processes underway, which was why they waived those confidences. Caron insisted that they were only going to get half of the story, and Trudeau gave one of his disappointed replies about how he understands that the opposition has a job to do but that they are playing politics. Charlie Angus was up next to give the sanctimonious English version of the question, and Trudeau repeated that they waived confidentiality in order to let her speak. Angus demanded Trudeau appear before committee to testify, and Trudeau decried his desperate partisan approach, citing his language in describing how Cabinet government works.

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