Roundup: An untenable position?

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

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: McCallum out

On Friday night, Justin Trudeau asked for and accepted John McCallum’s resignation as the ambassador to China, not offering specifics as to why, but offering praise of his years of service. The narrative emerged a little later over the weekend that his comments were “unhelpful” in releasing those Canadians detained in the country, and some said that it sent “inconsistent” messages to China (though I’m not sure that’s entirely true – we may be following the rule of law, but if the Americans withdraw their extradition request, that would resolve the situation, and we can’t pretend that extradition requests in Canada aren’t inherently political). Of course, this is also that whole dynamic of what can be said in private versus public, but there you go. Choosing a replacement will also be tricky business, and there are those who say it needs to be a senior bureaucrat who speaks Mandarin, but we’ll see if Trudeau seems to think another political appointee is his preferred route.

Andrew Scheer was quick to rush out and say that it was too late, that he should have been fired at the first instance, which is a bit rich considering that Stephen Harper’s usual practice was to conspicuously ignore these kinds of eruptions, shrug them off, and only months later would he quietly shuffle that person out of whatever job they were in, so that he didn’t look like he made a mistake in appointing them to the job in the first place.

Susan Delacourt hears from her PMO sources that nobody was happy with McCallum’s ouster, and that while they could walk back on comments once, they couldn’t do it a second time. Paul Wells goes through all of the other questions that McCallum’s ouster raises, not only with the state of the Meng incident, but also on the broader foreign policy objectives of this government, and what is left standing from the vision they outlined two years ago.

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Roundup: Recession fear-mongering

At an event at the Economic Club of Canada yesterday, Ontario premier Doug Ford asserted that the federal carbon price backstop – which will affect Ontario – will plunge the country into recession. That Ford wasn’t laughed out of the room is a bit more than curious, because that kind of assertion is beyond ridiculous. BC has had a carbon tax for ten years, and not only is not in recession, but is leading the country in economic growth. Quebec has a carbon price using cap-and-trade, and is also doing quite well in terms of its own economic growth. Alberta’s carbon tax didn’t cripple its economy either, and what fiscal troubles it has are related largely to the low world price of oil that stems from a global supply glut, the temporary price differential issue having pretty much been resolved before the production cut even went into effect, now that the American refineries are back in operation. “Oh, but there’s a report that says it’ll slow the economy!” Ford says – except that report says it’ll be about by 0.02 percent at a time when the economy is growing by two percent.

Ford’s environment minister later took to TV to try and falsely insist that the federal Parliamentary Budget Officer projected a hit to the economy from a carbon tax (he actually said that it would only have an impact if revenues weren’t recycled in an efficient manner), and that BC’s carbon tax didn’t stop its emissions from growing (also false, because the emissions are far lower than they would have been without the price, while their economy continued to grow). So Ford is relying on lies to feed his false narrative that is trying to get the population angry so that they’ll vote out Trudeau. And what was Catherine McKenna’s response? Her same line about Conservatives wanting to make pollution free, and that they have no plan for the environment. So, the lies stand on the official record. Slow clap, everyone.

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Roundup: Trying to un-resign

Yesterday was the day that the Liberal drama in Burnaby South went completely sideways, as resigned candidate Karen Wang decided that she wanted to un-resign. And the Liberals said nope, and Wang’s attempt at a press conference turned into a gong show as she chose a location that she didn’t ask for permission from and they said nope. So, gong show. Wang later spent the day a) insisting she wasn’t racist, and this was all a mistranslation, and by the way a volunteer wrote the WeChat post anyway; and b) fending off the notion that she also tried to run for the Conservatives, by saying that the Conservatives had approached her after she ran for the provincial Liberals (remember the BC Liberals are more of a centre-right coalition than the federal Liberals are), and that she didn’t say yes to them. Oh, and she still supports the Liberals. And amidst this all, certain other anonymous voices in the local Liberal riding association are now saying that they warned the party that she was “difficult to handle.”

Meanwhile, this hasn’t stopped the utter lunatic notions floating around the national media that somehow the PMO engineered this whole incident in order to essentially hand the victory to Jagmeet Singh and the NDP, because the Liberals will ultimately benefit from his weak leadership carrying on, or something.

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And then there are the NDP surrogates trying to insist that the Liberals are trying to spin this version of events, and trying to build the case that it’s really just racism that the Liberals and the mainstream media are to blame for Singh not having a seat or a national profile. And lest we not forget that Maxime Bernier’s candidate in the riding is polling higher than expected, which has people wondering if it’s Scheer who should watch out.

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Roundup: Poking at polarization

The new issue of Maclean’s is focused on political polarisation in Canada, with whole suite of stories and op-eds about the issue, starting with what is perceived to be the problems with the “left” (although this piece is more about the Liberals than the “left”) and the “right” in Canada, though I’m not sure how much relevance those particular classifications have any longer, as they’ve been so bastardised with a focus on populism that is either left or right flavoured (and lo, Anne Kingston makes that point here). And with polling showing that one in four hate their political opponents, and Trudeau especially, they made a point of trying to explore the divide.

Delving in further on the right, Andrew MacDougall looks at the Conservatives’ use of snark and shitposts to try and throw red meat to a base that stayed home in the last election, while Jen Gerson tries to equate the attempts made by Conservatives to tap into the current populist uptick as trying to tap a relief well to prevent a worse explosion – but they are playing a risky game that could infect their politics for a generation. On the other side, Andray Domise points to the “woke Olympics” and shifting social rules that alienate newcomers on the left, while Terry Glavin looks to the yellow vest protests in France (as opposed to Canada) as a sign that populism on the left is becoming indistinguishable from populism on the right.

But amidst this talk of polarisation, Paul Wells offers the piece that is probably most necessary – a reality-check as to the history of polarisation in this county, and how it’s always been there, in very blatant ways, and how we seem to be a country that is constantly battling amnesia as we clutch our pearls about losing our innocence. Not to say that some things haven’t changed, but it’s not like we’re wilting flowers being exposed to some new terrible new vitriol. (It’s like in Question Period, it’s the most behaved MPs have been in decades, possibly ever, and we’re still wringing our hands over it). That said, I think this was a good and timely package from Maclean’s, seeing as we’re entering into an election year and the nonsense on all sides is going to ratchet up to eleven really fast. Being clear-headed about where our politics are going is always a good thing.

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Roundup: Brison’s long farewell

It was a bit of a surprise yesterday morning, as Treasury Board president Scott Brison announced that he was resigning his cabinet position because he decided that after 22 years in elected politics, he had decided he wasn’t going to run again this fall. His reasons were mostly that it was time for something new, and the fact that he now has a young family – something that was largely inconceivable when he first got into politics, then as a Progressive Conservative – though that hasn’t stopped everyone from speculating that this has something to do with the upcoming trial of VADM Mark Norman, given that Norman’s lawyers are trying to insinuate that Brison had tried to politically interfere with the procurement process for the interim naval supply ship. (Brison denies this, and he’s not the one on trial, but here’s a thread on what this decision means on his ability to testify). One can’t also help but noting that this will be a bit of a blow for Trudeau as well, as one of his most experienced and competent ministers will be leaving the Cabinet table, and that will matter given the fact that there are still too many ministers that haven’t quite grown into their responsibilities yet.

This, of course, means that we’re now fully into Cabinet shuffle speculation, given that there is one coming on Monday to replace Brison. Every other member of Cabinet, save Jody Wilson-Raybould, has confirmed that they plan to run again in the next election (and Wilson-Raybould likely will as well – she was out of the country and didn’t respond to questions), so it’s unlikely that anyone else will be dropped at this point, particularly given the last shuffle wasn’t too long ago, so it’s an open question as to who will be tapped to replace Brison, and who will take the Treasury Board file.

On a personal note, Brison played a big part in my early days on the Hill, when I was writing primarily for LGBT outlets. When I was the Ottawa correspondent – and later political editor – for the now defunct Outlooks magazine, I had a monthly segment where I would ask Brison, Senator Nancy Ruth, and NDP MP Bill Siksay (later Randall Garrison after Siksay retired) a question every month to get queer perspectives from the three main parties, and that helped me to grow into the journalist that I am today. He was always generous with his time, and incredibly patient with my rookie status, and I will forever be grateful for that.

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Roundup: Bernier goes full tinfoil hat

Maxime Bernier appears to be going full tinfoil hat, with a Twitter thread about a supposed move to create some kind of UN parliament that will erase borders, and that Canada will be absorbed into, and I can’t even. I literally cannot.

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As Carvin points out, this is a campaign that is orchestrated by Neo-Nazi sympathizers in Europe, and it’s the very same thing that Andrew Scheer was also have been touting this very same conspiracy theory as part of their attempt to push back against the UN global compact on migration. But then again, Scheer and company also gave succour to racists in order to try and paint Trudeau as some kind of bully, so it shouldn’t be a surprise, and they’re being wilfully blind and deaf to the white nationalists and xenophobes that are infiltrating the “yellow vest” protests that they like to promote, so there’s that.

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Meanwhile, Bernier has tapped an anti-abortion, anti-trans “Christian pundit” as his party’s candidate in Burnaby South. And he’s being accused of running a campaign in that riding that is trying to depict Jagmeet Singh’s efforts as being one that is running only for the Indo-Canadian community, so, you know, the xenophobia tuba instead of the dogwhistle.

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Roundup: On those marginal tax rates

Given the debate that his happening south of the border when it comes to agitation for a 70 percent marginal tax rate on high earners, it’s only a matter of time before the left-leaning contingent of Twitter starts agitating for the same here. The problem, of course, is that you can’t simply import the same concepts between the US and Canada and expect it to be analogous, or at the very least analogous at one tenth the figures in the US. To demonstrate, economist Kevin Milligan took the Canadian data and mapped out what that would mean here. And lo, it’s not an analogous situation (though I suspect it won’t stop left-leaning Twitter from repeating these American talking points one bit).

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Roundup: A noble bill with problems below the surface

It’s not often that I’ll go out of my way to comment on poor reporting (as opposed to columns), but in this particular case, I’m going to make an exception. The story is the fact that Rona Ambrose’s bill on mandatory sexual assault training for judges has been stalled in the Senate. Ambrose appeared on Power & Politics to express her shock and dismay, but there was very little research done in terms of the concerns that have been raised with the bill to date, and the fact that its passage through the House of Commons was problematic in and of itself (most especially the fact that it was referred to the Status of Women committee instead of the Justice Committee in order to ensure swift passage, with a committee that was sympathetic and didn’t have the expertise on the matter). The written story on the CBC website was simply a recap of Ambrose’s interview with no comment from anyone else, or recounting any of the concerns or pushback from the debates on the bill.

So I decided to take twenty minutes and skim over the Second Reading debates in the Senate on the bill, and lo, there are some pretty important concerns being raised. Senator Jaffer, who is a lawyer who has done judicial training, pointed to the fact that the bill mandating written rulings in all sexual assault cases not only takes away from the fact that there are procedures for clear oral rulings that can be appealed, but that it will cause other delays. The training also disadvantages rural lawyers, and can tip the hand of a lawyer in a firm that they are applying to be a judge.

Senator Joyal, a formidable constitutional lawyer who had a career fighting for minority rights (and who helped write the Charter of Rights and Freedoms) expressed some serious concerns about the powers given to a federal commissioner to determine what qualifies for training. He raised the very real point that the bill stipulates that training must be done by sexual assault survivors and organisations that support them, which automatically biases the training and the presumption of innocence (and others have raised the point that these trainers are often called as expert witnesses, which creates further biases). Joyal also noted the constitutional implications of the bill given that judicial independence includes the ability to maintain control over their education.

Senator Pratte, while not a lawyer, raised the salient logistical issue that for every 500 judicial applicants, maybe 50 make it through, meaning that if everyone needs training before they can be appointed, it delays assessment of applicants and has the potential to create problems with the quality if the training. He also raised the notion that if sexual assault survivors are needed for this training, how long will it be before other victims’ groups demand to be heard for other judicial training?

Senator Fraser, whose objections were briefly noted in the CBC piece, also made points about the inappropriateness of the bill mandating that reports on the number of judges who have taken the training be tabled in Parliament because judges report to Chief Justices in their regions, not to the minister. As well, because the majority of these cases are actually heard in provincial courts, this could qualify as interference in provincial jurisdiction.

The story also went onto state that Senator Joyal, who chairs the Legal and Constitutional Affairs committee, wouldn’t give a date for when the bill will be studied, but it didn’t mention that government bills always take precedence at committee, and as you can see from the committee’s schedule, they have a pretty full slate for the coming weeks, possibly months.

Frankly, I’m more than a little dismayed at the lazy reporting on this bill. While it may look like a slam-dunk issue on the surface, there’s a lot beneath the surface that’s not being reported on, which is actually fairly irresponsible. Would that political reporters at the CBC take twenty minutes to do some actual research on their stories than simply transcribe an interview.

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