The the budget lock-up going on not far from the Hill, and the Conservatives looking to go into full procedural meltdown mode in response to this morning’s justice committee meeting. Andrew Scheer stood up to decry the committee meeting results, demanding to know what the prime minister was covering up. Justin Trudeau stood up and read a script saying that he took responsibility for the erosion of trust between his office and Jody Wilson-Raybould, that the committee heard testimony, that they gave an extraordinary waiver of confidence, and the decision was ultimately hers all along. Scheer disputed this in English, but Trudeau repeated his response sans-script in English. Scheer again disputed that Wilson-Raybould could not speak, and wondered why she wasn’t being allowed to “finish her story.” Trudeau insisted that he did waive the confidentiality so that she could speak fully, and called the Conservatives desperate to talk about anything other than the economy because they know it would show their plans failed. Scheer retorted that the PM was desperate to talk about anything other than this scandal, and repeated his demand. Trudeau repeated that the Conservatives didn’t want to talk about the economy because they didn’t have a plan. Scheer wondered what was so bad that the PM was trying to hide it, and Trudeau stuck to his insistence that the Conservatives were afraid to talk about the economy. Jagmeet Singh was up next for the NDP, and he read that appointing Anne McLellan was a weak response to what happened, and demanded a public inquiry. Trudeau gave a pained performance about the NDP not standing up for workers, as the government was standing up for jobs and workers. Singh switched to French to list the resignations that happened in recent weeks before repeating his derision of McLellan, and Trudeau dismissed the talk of “politics” in favour of listing the good economics gains his government made. Singh, in French, remained sceptical of the appointment, and Trudeau wondered aloud what people in Quebec would think about Singh not caring about their jobs. Singh took another shot at McLellan in English, and Trudeau listed all the steps they took in order to make matters public.
Tag Archives: Official Languages
Roundup: The OECD is watching
Because the Double-Hyphen Affair continues to roll along, the news yesterday was that the OECD is keeping an eye on the proceedings around the SNC-Lavalin prosecution, given that our anti-bribery rules are part of a concerted OECD effort to stamp out the practice, and much of the language in our laws – including the Criminal Code provisions around deferred prosecutions – contain OECD language. And lo, suddenly everyone was bemoaning this international attention, and it was a sign that we were all the more suspect, and so on. Err, except the OECD doesn’t have any regulatory jurisdiction over Canada, and they’re monitoring the processes ongoing already in Canada. You know, the ones that are examining the very issue. Almost as though the system is working.
A statement from a spokesperson for Minister @cafreeland, after the OECD expresses concern with the SNC Lavalin Affair #cdnpoli pic.twitter.com/6YsK3knUa2
— Cormac Mac Sweeney (@cmaconthehill) March 11, 2019
On a related note, it was revealed that SNC-Lavalin signed a confidential deal with the government days after the Throne Speech in 2015, that allowed them to keep bidding on federal contracts while they would subject themselves to compliance monitoring for their ethical obligations, at their own expense. I’m not sure that we can consider this something nefarious, but certainly an acknowledgment that they were aware of their issues and were taking steps to deal with them in advance of any prosecution.
In today’s punditry on the matter, Matt Gurney suspects that the international attention will be harder for this government to shake off. Chantal Hébert details the coming crunch time for the main players in this whole Affair. Vicky Mochama writes that if we try to treat Jody Wilson-Raybould, Jane Philpott, and Celina Caesar-Chavannes as paragons of virtue out of a sense of gender essentialism, that we diminish the action and rhetoric of women politicians.
Roundup: Flippant suggestions stepping on the message – again
There weren’t any official new developments in the SNC-Lavalin/Wilson-Raybould controversy yesterday, but we did get a few more drips of information, like how prime minister Justin Trudeau had a one-way teleconference call with the caucus in the wake of Jody Wilson-Raybould’s departure, with the main message being that he still wished her well and didn’t want her booted from caucus. Not helpful was justice committee chair Anthony Housefather who somewhat flippantly suggested that perhaps Wilson-Raybould was replaced because she didn’t speak French at a time when a great many legal issues are coming up in Quebec – only to apologise later and clarify that he said it in relation to the baseless speculation that is rampant, not because it was a serious suggestion (except he did repeat it in a couple of different interviews, but I’m sure it sounded good in his head at the time). Because this party never ceases to stop stepping all over its own message, and can’t communicate their way out of a wet paper bag. Every. Single. Time.
NEW: Anthony Housefather on Jody Wilson-Raybould's demotion: "there's a lot of legal issues coming up in Quebec and the Prime Minister may well have decided he needed a Justice minister that could speak French." (Courtesy: @CJAD800) #cdnpoli pic.twitter.com/D6ukqMqbvV
— Michel Boyer (@BoyerMichel) February 14, 2019
Thanks Matt and I apologize to anyone offended by offering a specific example. I was simply trying to say that the whole world stating with no knowledge as to why a shuffle happened was unfair. I made clear I had no specific knowledge and as such we should all stop speculating. https://t.co/wjS7Jcb7RK
— Anthony Housefather (@AHousefather) February 14, 2019
In the absence of any new developments in the story was looking at where various Liberals are starting to align themselves in relation to Wilson-Raybould’s current status, but that hasn’t stopped the anonymous Liberals from trying to give takes about “crossed wires” and “revisionist feelings” with benefit of the doubt going to Trudeau – or not, in other cases. Northwest Territories MP Michael McLeod points out that Wilson-Raybould’s departure means there is no longer Indigenous representation in Cabinet (expect this to be a factor in the upcoming shuffle). New Brunswick Liberal MP Wayne Long continues to break ranks and say he wants more answers, and good for him for doing his job as a backbencher properly. Oh, and PMO now apparently condemns the smack talk of other anonymous Liberals besmirching Wilson-Raybould’s record following complaints from Indigenous groups that said it was sexist and racist. Elsewhere, a number of Indigenous senators published a letter of support for Wilson-Raybould but also noted that this shouldn’t derail reconciliation, which is more than the work of one minister. (Senator Brazeau was not among them and is trying to make more hay of this).
In related matters, here’s a look at how the way in which the Ethics Commissioner undertook his examination (note that he didn’t investigation) of the matter could mean that he can end it at any point without a public report, and it’s not clear that he really has the scope to undertake such an investigation to begin with. The premier of Quebec is calling for SNC-Lavalin to get that deferred prosecution agreement, surprising no one. Here’s a look at SNC-Lavalin’s history of lobbying on the issue, and why Quebec sees the company as an asset in spite of their poor history.
Meanwhile, Susan Delacourt thinks there are lessons from #MeToo that Trudeau should be drawing from in handling this whole mess, particularly as silence remains on half of the tale. Jen Gerson thinks that it’s time to stop treating SNC-Lavalin with kid gloves, and that their demise may actually benefit a number of other companies who don’t have a history of corruption.
QP: A narrative of doom
While Justin Trudeau was in Montreal to pre-meet with some premiers in advance of the first ministers’ conference, Andrew Scheer was present, fresh from being booed by the chiefs at the Assembly of First Nations, and he led off with the false notion that premiers had to resort to threats before the oil and gas sector was on the agenda at the first ministers’ meeting, and surprisingly, Diane Lebouthillier got up to read that they were taking measures to help the workers. Scheer then worried that the Crown lawyers were trying to block the Canadian Taxpayers Federation from intervening at the Saskatchewan carbon tax court challenge, to which Amarjeet Sohi replier that they were trying to fix a broken pipeline system that we inherited from the Harper government — which wasn’t the question. Scheer railed that the government was trying to phase out the energy sector and demanded that Bill C-69 be withdrawn, to which Sohi replied that when the government tried to extend EI supports for laid off workers, the Conservatives voted against it and funding for orphan oil wells. Gérard Deltell worried about the economic turbulence meaning higher interest rates — which, actually, would be a sign of a good economy — and Scott Brison reminded him that when they took office, the country was in a technical recession and the current government turned it around. Deltell tried again, and got the same answer. Guy Caron was up next for the NDP, and raising the Trans Mountain pipeline, wondered when ten government would take its responsibilities to Indigenous communities seriously. Sohi said that they were taking the renewed consultations seriously. Caron worried that Trudeau was dismissive of a First Nations Chief yesterday, to which Philpott got up to defend the PM’s honour. Rachel Blaney took over to rail about “free, prior and informed consent,” and Sohi repeated their renewed consultations. When Blaney repeated the demand that Trudeau apologise to that BC Chief, Philpott again defended the PM.
Deltell is worried that the government’s actions mean higher interest rates.
Erm, this is actually a good thing. Right now, rates are below the neutral range. #QP— Dale Smith (@journo_dale) December 6, 2018
Roundup: Sorry for the service interruption
Hey everyone – sorry for the service interruption! Malware sucks. Fortunately, it’s been taken care of and I have new preventative measures to ensure that it won’t happen again in the future, but that also costs me a lot more money to run this site than it used to, so if you can, please consider becoming a patron (and you get some exclusive content to go along with your support). Thanks again for your patience with this.
Good reads:
- This week’s first ministers’ meeting is expected to get testy, and lo, the oil and gas sector is not explicitly on the agenda (to which Trudeau insists it’ll get discussed).
- Oh, look! Data on rural work camps and violence against women! It’s something that does happen, despite the Conservatives deriding the association made.
- Dairy producers are the beneficiaries of import quotas under TPP rules (and lo, I wrote about this being likely two months ago based on the CETA experience).
- Federal lawyers are objecting to the UCP trying to join the Saskatchewan court challenge on carbon taxes. (It is unusual for opposition parties to be party to a case).
- A lot of doubt is being raised as to whether the government will actually end arms sales to Saudi Arabia.
- Apparently Canada’s “feminist” foreign aid policy is too unfocused and spread too thin to have a meaningful effect (not to mention is underfunded).
- The Commons foreign affairs committee was supposed to have an in-camera meeting with Chinese officials, but that has been cancelled.
- The Privacy Commissioner is calling for tougher digital privacy laws.
- Environment Canada is an outlier in that it generally doesn’t track the e-waste of its weather balloons (in part because it’s too costly as we’re a vast country).
- The CFO of Hwawei was arrested in Vancouver for extradition to the United States, and that could trigger backlash from China.
- Raj Grewal’s lawyer says that all of Grewal’s gambling loans were from friends and family, and are entirely traceable.
- Ontario’s chief controller resigned after she refused to sign the Ford government’s attempt to sell the “true” size of the deficit as $15 billion.
- The New Brunswick premier wants Energy East to be revived, but TransCanada isn’t interested. It’s like there are economics at play!
- Kevin Carmichael looks at the Bank of Canada’s sudden caution on raising interest rates, in large part because of the oil price shock.
- Colby Cosh looks into Statistics Canada’s programme of testing municipal wastewater for signs of cannabis consumption.
- Chantal Hébert looks at the federal-provincial battles over pipelines, that will play out well after the next election.
- Chris Selley disputes that there’s a crisis around the French language in Ontario.
- Andrew Coyne looks at how far Andrew Scheer is willing to go to get the far right vote on the immigration issue as he rails against the UN global migration compact.
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QP: Taking allegations outside
While the PM took a personal day after his return from the G20, Andrew Scheer was off in Winnipeg to talk guns and gangs. Pierre Poilievre led off concerned about the PM’s supposed “celebrity lifestyle” that referred to the pre-planned tweet around funds for women and girls’ education, before he suddenly pivoted to Bill C-69, demanding it be scrapped. Amarjeet Sohi reminded him that the system the Conservatives put into place that wasn’t working, so they were working to get a one project-one-review process. Poilievre railed that the PM was at the G20 talking about how there were negative consequences when male construction workers went to rural communities, before returning to the demand to scrap C-69. Sohi reiterate his response, and when Poilievre went for another, more boisterous round of the same, he got much the same answer. Alain Rayes took over to ask about the report in the National Post about a potential investigation on a land deal that might involve Navdeep Bains and Raj Grewal, to which Bains told him the allegations were false and invited him to repeat them outside of the Chamber. Rayes tried to insist on Liberal connections to the situation, to which Bardish Chagger read a statement that functionally repeated Bains’ response. Guy Caron was up next for the NDP, railing about high-protein milk under Supply Management, to which Lawrence MacAulay deployed his usual lines about defending the system. Caron then turned to the Oshawa closure and demanded action by the government, to which Bains read that the sector was strong, that they had the auto innovation fund if GM wanted to use it. Tracey Ramsey demanded action on Oshawa, to which Bains reiterated his previous response. Ramsey then railed that steel and aluminium tariffs were still in place, to which Mélanie Joly read that the NDP celebrated the deal behind closed doors.
QP: Grewal and false border numbers
While Justin Trudeau was off to Argentina for the G20, Andrew Scheer was elsewhr, as was Guy Caron, more unusually. Mark Strahl led off, worrying about new revelations about investigations that Raj Grewal may have been swept up into, to which Bardish Chagger responded that last week he made them aware of his serious challenges and treatment, and they hoped he got the help he needed. Strahl didn’t believe her, but Chagger reiterated the response. Strahl got even more incredulous, but Chagger’s response varied only by saying the RCMP operates independently. Luc Berthold tried again in French, and got the same answer in French, and then they went yet another round of the same. Ruth Ellen Brosseau led for the NDP, demanding that the government take action. Patty Hajdu said that it was troubling, but this was a global decision affecting plants in the US and elsewhere, so they were going to help workers where they could. Brosseau then demanded the government not sign the New NAFTA until an oversight clause around milk classes was removed, to which Lawrence MacAulay deployed his well-worn points about defending Supply Management. Tracey Ramsey was worried that we didn’t know what was in the deal and demanded that it not be signed, to which Mélanie Joly stood up to assure her it was a good deal for Canada. Brian Masse, whose rant about the auto sector didn’t reach the question before he got cut off, and Hajdu recited some talking points about their support for the industry through the auto innovation fund.
Roundup: Island of Unintended Consequences
Over at Maclean’s, David Moscrop profiled the “new” Senate, and in it was probably the best description of the institution in its present state – the “Island of Unintended Consequences,” as penned by Greg MacEachern of Proof Strategies. And that’s very much true about the state of the Chamber, but unsurprisingly, almost none of those unintended consequences were explored. The bulk of the piece was devoted to the notion that we don’t know how senators will vote anymore and they say they don’t want to defeat bills but who knows *handwavey motion*.
The problem is that it’s not just the uncertainty over how senators will vote – it’s the fact that the people being put in charge in that Chamber don’t really know what they’re doing. The Order Paper is becoming hopelessly behind with bills piling up, and because nobody wants to negotiate and do any of the horse-trading that gets bills passed, it’s getting worse. This has serious implications for the government trying to get their agenda through, but too many senators are busy congratulating themselves on the fact that they’re not whipped that they fail to see the a) that horse-trading is not partisan but rather how things get done; and b) that the pile-up of legislation is going to become a serious problem unless they get their acts together and start getting bills through the system. If you want an unintended consequence, that’s certainly a huge one, and one that Senator Peter Harder seems willing to let happen so that he can get his way with the creation of a “business committee,” which will just fob yet more responsibility off of his desk and onto another small cliques’ plate (but he needs his $1.5 million budget!) and won’t do any of the things he promises when it comes to avoiding the end-of-session legislative pile-up. The fact that the Independents now make up the majority of the chamber, most of them too new to know what they’re doing (and lacking proper mentorship), the Order Paper crisis is happening and they don’t understand that it’s happening. This is a problem, and we need more senators to wake up to it.
Meanwhile, Senator Paula Simons talks about her live-tweeting in the Chamber as a way of de-mystifying its work, thanks to her career as a journalist, and I for one applaud her for it (though I will offer her corrections as she goes along).
QP: Doom or strength?
All of the leaders were present today, for a change, and with so much news on offer, it was a question as to which rabbit hole Andrew Scheer would decide to go down for the day. Scheer led off, mini-lectern on desk, and he listed the portents of economic doom — doooooooooom! — and demanded the prime minister fight for Canadian jobs. Trudeau stood up and listed the positive economic indicators and promised they would continue to invest in the economy. Scheer insisted that it was Liberal policies dooming the economy, and demanded businesses be exempted from carbon taxes. Trudeau listed more measures that the government has taken to ensure competitiveness and stated that pricing carbon was necessary to transition to a green economy. Scheer demanded again — as though carbon taxes had anything to do with GM having too many plants globally to meet reduced demand — and Trudeau again listed measures the government was taking before taking a shot at Scheer’s lack of plan. Scheer deliberately misled the House regarding carbon taxes, and Trudeau praised their green transition plan. Scheer accused Trudeau of wanting to phase out the energy sector before the next election, and Trudeau deployed the handy “the economy and environment to hand in hand,” before he switched to French to lambaste Scheer for not asking anything about protecting French language services. Guy Caron was up next for the NDP, demanding a national auto strategy, to which Trudeau spoke about fighting for the sector in NAFTA talks and noted the investments made in the sector under his government. Caron switched to a French to make the same demand, to which Trudeau listed the ways they have been attracting investment in the sector. Karine Trudel demanded that the prime minister fight for jobs in Oshawa, to which Trudeau, with a script, assured her that they were fighting for jobs. Peter Julian made the same demand in English, and Trudeau assured him that they were fighting.
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.