Tag Archives: PMO

Roundup: Clashes made apparent

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I think we’re reaching that point in the SNC-Lavalin/Wilson-Raybould Affair that we get breathless about non sequiturs that don’t actually add to the piece, while pundits circle the same point fruitlessly. To wit, the Globe and Mail released a story last night that cited that Jody Wilson-Raybould was trying to “depoliticise” judicial appointments and was butting against the PMO along the way. But reading the piece, I’m having a hard time finding where the scandal is here. Reforming the judicial appointment process was an early priority of Wilson-Raybould’s, and sure, plenty of people I spoke to at the time said that it was necessary, but it wasn’t handled well, took way too long to get up and running, and more to the point, it took Wilson-Raybould over eight months to appoint the judicial affairs advisor to run this system, while vacancies mounted. The Globe article spoke to said advisor, whom Wilson-Raybould wanted to be “apolitical” and sure, that’s fine, as with not looking to consider a potential judicial appointment’s political history as a factor – also fairly expected in this day and age where their political donation history is the first thing opposition research digs up when the appointment is announced. But the story starts to fall apart when they describe the “clashes” that Wilson-Raybould started having with PMO over the amount of information she was giving them when recommending candidates. Remember that these appointments are Governor-in-Council, meaning that the Governor General names them on the advice of the Prime Minister and Cabinet, meaning that Cabinet is politically responsible for them. If information is being withheld from them that could affect their own vetting process once the recommendation has been made, that should be a problem because they are being held to account for the decisions that get made in their name – not the Justice Minister alone. So yeah, it wouldn’t be a surprise if PMO got rankled by this kind of behaviour from Wilson-Raybould, and I’m not sure that this puts her in the kind of best light that the Globe seems to think. In fact, as is pointed out below, it adds to the reasons as to why she was shuffled in the first place.

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In other related news, here is a deeper exploration of the apparent conflict between Wilson-Raybould and Carolyn Bennett over the Indigenous rights framework legislation that has been derailed, and Michael Wernick’s comments on it during his committee testimony. It also sounds like the top staffers in the PMO had conversations with Wilson-Raybould’s chief of staff over the SNC-Lavalin file, but they insist they were perfectly appropriate.

For context, here’s a look at how SNC-Lavalin didn’t get everything they were looking for in the deferred prosecution agreement legislation, particularly because it requires admission of liability. (SNC-Lavalin, incidentally, says they’re tired of being a “pucks in a political hockey game” and will defend themselves in court). This thread by lawyer Adam Goldenberg puts nuance around the idea that the legislation forbids economic considerations from being a factor in whether or not to grant a DPA – particularly given that it’s the whole point of DPAs in the first place. University of Ottawa law school dean Adam Dodek explains why the practice of combining the minister of justice and attorney general is an impossible task for a single person to properly take on.

In punditry, there was a flurry of thinkpieces decrying the tone of Michael Wernick’s testimony, from Colby Cosh, David Akin, David Moscrop, and Stephen Maher – none of which I found convincing, but what the hell. On the other side, Christie Blatchford thought Wernick was fantastic, for what it’s worth. Chantal Hébert, meanwhile, tries to take a step back to evaluate if the Liberals will be able to put any of this behind them anytime soon.

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Roundup: No inquiry (for now)

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Another day, and a few more incremental pieces to add to the SNC-Lavalin/Wilson-Raybould Affair. There were reports that Justin Trudeau met with Jody Wilson-Raybould about the company two weeks after the Public Prosecution Service declined to offer them a deferred prosecution agreement (but we have no details). Wilson-Raybould attended caucus, and Trudeau apologized to her for not forcefully condemning the remarks about her, or the political cartoons that portrayed her bound and gagged. (We also heard that when it came to Wilson-Raybould addressing Cabinet on Tuesday, she apparently waited outside for two hours while some ministers argued that she be allowed to be heard. So that’s curious – and pretty unprecedented). Later in the day, the Liberals voted down the NDP’s Supply Day motion to call for an independent inquiry on the whole affair – the party line being that they don’t think it’s necessary at this time with the Ethics Commissioner and justice committee processes in place – but two Liberals did break ranks to vote for it. It should be no surprise that it was Nathaniel Erskine-Smith and Wayne Long (but could We The Media quit framing these kinds of things as “cracks in party unity” or nonsense like that? That’s why parties develop iron fists). After the vote, Wilson-Raybould stood up to put on the record that she abstained because the vote was about her personally, and she didn’t want to be in perceived conflict (which immediately created cries from the opposition that the PM should also have abstained), but she said she wanted to “speak her truth” as soon as she could. So that got more tongues wagging, naturally.

Emerging from this whole issue are the metaphysics of how the federal justice minister has a separate hat as Attorney General, and how the two roles can sometimes clash, particularly when it comes to political consideration. To that end, Colby Cosh delves further into this dichotomy and why that may be part of the cause of this whole affair to begin with. There are also a couple of worthwhile threads to read on it – one from Adam Goldenberg (one-time Liberal staffer and former law clerk to then-Chief Justice Beverley McLachlin) that argues that the Act requires a political consideration for deferred prosecutions in order for political accountability, while another litigator, Asher Honickman, disputes that – but agrees that the situation has a lot of nuance.

For context, here is an exploration of the role that Gerald Butts played in Trudeau’s PMO. Here’s the updated timeline of events as we know them so far. Kady O’Malley’s Process Nerd column explores how a Commons committee could run an investigation into an affair like the current one, but notes they’re not well suited to do so, and also details where it would break down into a partisan sideshow.

In punditry, Chantal Hébert makes the salient point that Wilson-Raybould is more in charge of the current situation than the prime minister is, which is an interesting dynamic.

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QP: Scheer on repeat

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Wednesday, caucus day, and still no real answers as to what actually happened in the SNC-Lavalin/Wilson-Raybould Affair. Andrew Scheer led off in French, asking about today’s Globe and Mail report that Trudeau had a meeting with Jody Wilson-Raybould about the SNC-Lavalin file after the Public Prosecution Service opted not to go for a remediation. Trudeau stood up to talk about standing up for jobs and all good things, but didn’t really answer. In English, Scheer wanted to know who asked for the meeting, but Trudeau deflected, saying there are processes underway,  but they stood up for good jobs while respecting judicial independence. Scheer asked again, and this time Trudeau invoked Cabinet confidentiality, but Canadians could rest assured they were acting in the best interests of Canada. Scheer wanted to know if he was aware of the Public Prosecution Service’s decision when he had the meeting, but this time Trudeau reminded him that there are ongoing court cases that he couldn’t answer about. Scheer tried again, and Trudeau noted the thousands of jobs at stake while they were standing up for the independence of the judicial system and the processes that keep the county safe. Guy Caron got up next for the NDP, and in French, he too tried to put SNC-Lavalin lobbying on a timeline regarding that meeting, and Trudeau repeated that they defend jobs while respecting the system, and he read a quote from the Director of Public Prosecutions in order to back up his case. Caron demanded to hear from Wilson-Raybould, and Trudeau re-read the quote that the Attorney General exercises their powers apart from partisan considerations. Charlie Angus reiterated the question, with added melodrama and sanctimony, and Trudeau repeated the same answer and the English version of the quote. Angus wondered if Trudeau would testify before the justice committee, and Trudeau noted their independence, before praising Gerald Butts’ contributions.

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Roundup: Wilson-Raybould emerges, is “proud”

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While there were no actual bombshells in the ongoing SNC-Lavalin/Wilson-Raybould Affair, there were an ongoing series of curiosities yesterday, starting with that Cabinet meeting that ran way, way overtime, and which Wilson-Raybould apparently requested to attend and said request was granted. And when she did speak to the press, she said that she was still working out with her lawyer about what she could say, and that she was still a Liberal MP – oh, and she was “proud.” Because that’s how she answers every question ever. The Justice committee also agreed to hear from her and a number of other witnesses to get a better grasp of the Shawcross Doctrine, but there was a lot of grumbling about the fact that they didn’t agree to hear from Gerald Butts or any other PMO staff (which we should recall is in large part because of how our parliamentary system works, and the issue of ministerial responsibility – we don’t haul staffers before committees because their minister is responsible for their conduct, as inconvenient as that may be sometimes).

For context, here’s a look at the very curiously similar language used by SNC-Lavalin in their in their representations to support the deferred prosecution agreement legislation, and that of other intervenors. Here’s a legal discussion about what constitutes solicitor-client privilege when you’re the Attorney General, while former litigator Andrew Roman goes through what could be constituted solicitor-client privilege and cabinet confidence in this situation, and doesn’t believe that either applies. Oh, and another SNC-Lavalin executive had fraud and bribery charges thrown out of court because they took too long to get to trial, with the judge admonishing the “culture of complacency” in the Crown’s office.

In pundit reaction, Susan Delacourt looks at Butts’ exit as an object lesson against concentrating too much power in the PMO – something Trudeau swore he wouldn’t do, and yet ended up doing anyway. Chris Selley looks at Butts’ departure as an opportunity for the PM to get some new advisors who are based in this reality. Andrew Coyne has questions about Butts’ resignation, and points to some key lines in his resignation letter that may provide clues as to what’s to come. My column wonders if Wilson-Raybould is playing us by keeping voluntarily silent and letting everyone else fill in the blanks.

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QP: On Butts and Wilson-Raybould

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The first day back after a week of bombshells and self-inflicted wounds, the House of Commons was buzzing for the show that was about to begin. Andrew Scheer led off, mini-lectern on desk, and he led off in French about Gerald Butts’ resignation, saying it was about the “bribery and corruption scandal,” and wondered why the resignation was accepted if nothing happened. Trudeau gave praise for Butts, and that his respect for the office was why he resigned. Scheer asked again in English, and Trudeau repeated his same point extemporaneously. Scheer tried again, and this Trudeau praised the institutions of Parliament including the independence of committee members, which resulted in a number of jeers. Scheer insisted that he allow Wilson-Raybould to speak (never mind that she’s the one who won’t speak, not that Trudeau hasn’t said that she can’t), and Trudeau noted the values of judicial independence and respect for the rule of law, and said that he was getting advice on waiving solicitor-client privilege so as to ensure there were no unintended consequences. Scheer changed tacks slightly and wondered how many times Butts met with Wilson-Raybould over SNC-Lavalin, and Trudeau noted that all ministers met on Tuesdays and that his staff was engaged with them. Guy Caron was up next, demanding that solicitor-client privilege be waived, and Trudeau reminded him they were getting advice on that. Caron demanded an independent inquiry — the subject of their Supply Day motion, to which Trudeau said they had confidence in the Ethics Commissioner and that he wouldn’t prejudge the work of the committee, which was the master of its own destiny.  Charlie Angus was up next to repeat the question in English with added sanctimony, and Trudeau repeated both points. Angus demanded that he let Wilson-Raybould speak, and Trudeau reiterated that they welcomed any inquiry from the Ethics Commissioner. 

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Roundup: Exit Butts, leaving uncertainty in his wake

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So, mid-Family Day when most people in most provinces of this country were enjoying a day off (federal workers excluded), the latest bombshell in the SNC-Lavalin/Wilson-Raybould drama dropped – that the prime minister’s principal secretary, Gerald Butts, resigned his position. In his resignation letter, he vigorously denied any wrongdoing but was removing himself from the office to defend himself and to keep from being a distraction. Of course, the Conservatives cheered, but insisted that this was the sign of a PMO in crisis, and they would continue to get to the bottom of things at the Justice Committee (despite the fact that they’re limited in what they’re actually able to look into, and they are apparently going to go beyond the bounds of what procedure allows). The NDP, meanwhile, will be using their Supply Day to move a motion to demand an independent inquiry into the whole matter – because what government would welcome a Gomery-style inquiry that has the potential to spin out of control and blow up in their faces?

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It’s not hard to note that this leaves a gap in Trudeau’s office – Butts was his long-time friend and one of the architects of his success. But he was also seen by opponents as this puppet-master figure (RIP all of those “PM Butts” Twitter accounts), and among other observers of politics that he and Katie Telford may have also been a bit of a bottleneck for decisions. We’ll see who Trudeau replaces him with, and if the management style in the PMO changes as a result. We’ll also see if the mood in the caucus changes as well, and it’s been theorized that it’s another reason for the departure – that MPs have been getting restless with the amount of control that Butts has (cue the stories about MPs disgruntled about the way that caucus meetings are being handled, and that they’re afraid to air their views there for fear of being insulted). There are several months before the election, so perhaps this will give them time to right the ship in time. Maybe.

In terms of reaction columns, Susan Delacourt reflects on the Trudeau-Butts power dynamic within the party, and the uncertainty that is left in the wake of the departure. Chantal Hébert notes that Butts’ resignation may deflect the internal friendly-fire, but could leave Trudeau vulnerable on the eve of the election campaign (which is still eight months away!). Likewise, John Ivison hears that there may have been a “riot” at Liberal caucus on Wednesday had Butts not resigned, and this move makes him something of a scapegoat. Paul Wells regales us with the role Butts played as the “senior Liberal insider” in media stories, and how this central role in the PMO was probably not suited to federal politics, which will mean a way of reforming how Trudeau’s government operates.

Amidst this, there are two threads from Philippe Lagassé that you need to read – the first questions the critique that there are too many political staffers running things and that Parliament would work just great if they were gone. (I too find this a problematic assertion given that the bigger problem is the way in which our bastardized leadership contests have inflated the leader and his or her office in the first place). The second is a corrective to the specious lines about the “unelected” nature of the PMO and the power it wields, as people forget that we don’t elect prime ministers or Cabinet – they are appointed positions. Only the House of Commons is elected.

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Roundup: Committee performance

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Well, yesterday’s justice committee meeting was about as performatively partisan as could possibly be expected. The Liberals had their own counter-motion to propose, delivered by Randy Boissenault, who insisted that this was done independent of the government, but then behaved as though it was, especially when he began throwing around terms like “witch hunt.” (What did we say about this gang not managing to communicate their way out of a wet paper bag?) While the Conservatives wanted nine witnesses, the Liberals proposed three – though, the key crossover witness was the Clerk of the Privy Council – though the Liberals were open to others, though they wanted to have an in cameraplanning meeting for witnesses and timetable as is standard in any committee. The Conservatives railed that they didn’t want anything in camera, which is utterly galling if anyone recalled how they ran committees when they were in government and everything went in camera, all the time. Nathan Cullen proposed a compromise with three more witnesses, but the Liberals voted it down, and in the end, the Liberal motion won the day.

At this, everyone is filled with sanctimonious outrage. Why isn’t Jody Wilson-Raybould testifying? Well, because she says she can’t say anything, so calling her to say that she can’t say anything is a waste of everyone’s time, and oh, right – she can’t be compelled to testify because she’s a sitting MP. As for those key PMO staffers like Katie Telford and Gerald Butts, well, they still might, but I am also a bit unsure how their appearance would fit into the rubric of ministerial responsibility (though good luck getting the PM to testify). The Conservatives, however, are gleefully shitposting about the “Liberal coverup” because this is exactly what they wanted, gathering as many clips of Pierre Poilievre doing his usual schtick that will be all over their social media channels. Because that’s the game these days.

If you need to catch up with everything that’s happened to date, Kady O’Malley has a timeline here for you. Chrystia Freeland went on the radio to talk about handling pressure on files and bringing matters up with the PM, which is an interesting but subtle rebuke of what is being alleged about what Wilson-Raybould did or didn’t do. Here’s a rundown of what the Quebec media has been saying on the issue, and it’s a very different conversation than English Canada is having, focused on protecting SNC-Lavalin. Speaking of SNC-Lavalin, one of its former executives wants the bribery and fraud charges thrown out over court delays. (Yeah, don’t think that’ll happen). Incidentally, SNC-Lavalin never came up during debate or testimony on implementing the deferred prosecution agreements, for what that’s worth.

Meanwhile, Chantal Hébert says that Trudeau risks isolating himself if he continues to try to undermine Wilson-Raybould in public, while Stephen Maher enumerates the miscalculations in demoting Wilson-Raynould in the first place, and says that someone in Trudeau’s inner circle should pay the price for it. Chris Selley has a very salient look at how Trudeau’s focus on identity politics symbolism has backfired on him as all of Wilson-Raybould’s critics for her failure as justice minister are now singing her praises because she’s an Indigenous woman, not because she was good at her job.

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Roundup: Jagmeet Singh’s past catches up with him

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Yesterday was a bit of a day for NDP leader Jagmeet Singh. After the Globe and Mail published a piece that showed him at a 2015 rally of Sikh separatists in San Francisco under a banner featuring the armed extremists leader of the group that prompted the raid on the Golden Temple in Punjab, Singh put out a statement saying that he was there as a “human rights activist” and that he condemns terrorism – but was vague in just whom he was denouncing, which raised yet more questions.

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Since then, more information came to light by the National Post which showed Singh at a 2016 panel devoted to Sikh sovereignty along with a particular leader who advocated violence, and another organizer later said that he appreciated Singh not denouncing the architect of the Air India bombing when he was on Power & Politics, essentially feeding the conspiracy theories that said architect was set up. And since even then, Ujjal Dosanjh has come out with video where Singh has denounced him as an opponent of Khalistani separatists. So, it looks like Singh could be in for a difficult time ahead as more questions get asked, and we’ll see if his comms team remains as cagey as they have been so far.

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Paul Wells notes that Singh’s half-answers and the lengths to which he’ll go to give clear answers demonstrates that he is, after all, a lawyer. Martin Patriquin notes that Singh will have a hard time saying that he can support Sikh separatists with regard to Khalistan while opposing Quebec separatists in Canada.

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Roundup: Jury selection in the crosshairs

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The fallout from the Gerald Stanley trial continued in Ottawa yesterday, where the family of Colten Boushie met with ministers Carolyn Bennett and Jane Philpott about their frustrations with the justice system, and in particular the focus seemed to be on jury selection, and in particular the use of peremptory challenges in order to screen out any potential juror that looks Indigenous. In Question Period, justice minister Jody Wilson-Raybould said that this was under consideration as part of their broader criminal justice review, but this is a project that seems to be travelling at a glacial pace (as so many things do in this government), and we have no idea when any report or formal recommendations by the government will actually be released in advance of legislative fixes. Boushie’s family are due to meet with Wilson-Raybould, Ralph Goodale and the prime minister at some point today, but I’m not holding my breath for any timelines on action on these issues. Oh, and in case you were wondering, the premier of Saskatchewan says that he’s open to discussions about more Indigenous representation on juries, but it doesn’t sound very concrete.

The attention that the Stanley verdict has given to the problems around Indigenous representation on juries have reminded us that this is a long-standing problem that has been on the radar for many years, such as with the report by former Supreme Court of Canada Justice Frank Iacobucci written for Ontario about the issue, complete with a number of recommendations. (That report spawned the Debwewin Committee, whose report is more than a year-and-a-half overdue by this point). The National Post last week had a look at the issues of stacked juries and biased media in cases like Stanley’s, and noted that there is a current study underway by an Ontario Superior Court justice looking into representation on juries with an eye to training judges in the future. Meanwhile, Senator Murray Sinclair says he will advocate for concrete changes such as limiting peremptory challenges, and provincial jury selection processes.

In terms of commentary, Colby Cosh tries to take a more dispassionate look at the jury system and wonders what we risk if we try to overturn it because we don’t like one decision out of hundreds. In a piece from 2016 that was reposted in light of recent events, Jonathan Kay wrote about his experience in a jury pool where, in a case involving a domestic homicide, the defence used their peremptory challenges to assemble an all-male, mostly visible minority jury.

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Roundup: What Stephen Harper knew

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Some more explosive revelations last night, as Maclean’s acquired and published the internal emails of the Conservative campaign team when it came to their dealing with the matter of Rick Dystra’s nomination in the midst of his allegations that he sexually assaulted a staffer in 2014. Shortly after that was released, statements were put out by Ray Novak and then Stephen Harper himself to give their own versions of what they knew and the decisions they took at the time, and why they justified keeping Dykstra on (though he eventually lost his seat in the election).

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Amidst all of this, Jen Gerson has a very incisive column on the culture of politics, where sex and booze are the comforts of people away from their homes and families in a cloistered environment that has a frat-boy air to it all. And why nobody acts when it comes to allegations that “everyone knows” about, such as those related to Patrick Brown, is in part because gossip is part of that culture, and where information is power, compounded by the tribalism that comes with partisans who want to protect their own – while spreading dirt about their enemies – makes it difficult to know what to take seriously (and which is why the Erin Weir situation is probably an overreaction, whether justified or not). It’s a worthwhile read that tries to put the past couple of weeks in some better context than we’ve been getting with piecemeal stories coming out, and discussions around the environment on the Hill that don’t take cultural context into consideration as to why it persists beyond just simple power imbalances.

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