QP: A course on how the court system works

While Justin Trudeau was in Paris to sign the Christchurch Call on ending on online extremism, Andrew Scheer was present, and he led off with a level-headed question about the video of the RCMP interrogating an Indigenous sexual assault victim, and Ralph Goodale asserted that the video demonstrated technique at that were abhorrent and wrong, and that police needed to ensure that survivors were not re-victimised in the process. Scheer then pivoted to Mark Norman case and the disclosure of documents to the court, to which Bill Blair started that the government fulfilled its obligations and all decisions relating to them were done by public servants and the court and not the government. Scheer tried again highlighting the use of code words to evade Access to Information requests — a practice that long predates this incident — and got the same answer. Pierre Paul-Hus tried again in French, and Blair repeated himself again in English. Paul-Hus accused the prime minister of trying to destroy Norman, but Blair’s answer did not change. Jagmeet Singh was up next for the NDP, and moaned about Loblaws before demanding more action around climate change. Catherine McKenna asserted that there was indeed a climate emergency and they had a plan, but then highlighted Singh’s constantly shifting position on things like the LNG project in BC. Singh flailed, trying to connect climate change with stable work and jobs, and McKenna zeroed in on the ten thousand jobs related to the LNG project. Singh then changed topics to the Phoenix fiasco, and Carla Qualtrough noted their “laser focus” on the matter and it was being fixed with IBM as a partner. Singh tried again in French, and got much the same response. 

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Roundup: Surprising job numbers

There were surprising economic numbers out yesterday – record job creation, and historic unemployment rate lows in Quebec, and nearing lows for youth unemployment. The government had obviously been preparing for the threshold of a million jobs created since they took office, because once it happened with this morning’s release, they were all over it, and everyone of them was pushing insufferable memes over their social media channels, and trying to wedge it into QP when they got bored of the Mark Norman scripts. And before you ask, no these jobs weren’t all in the public sector, but the majority were in the private sector and were full-time jobs, and were broad across different sectors that tested well, meaning that the data has less chance of being suspect as the month-over-month data can be.

This will set up a few different narratives as we careen toward the election – from the Liberals, it will be seen as proof that their plan for “investing in the middle class” is working, which will be key for their re-election message. While Andrew Scheer has attempted to claim that there was a jobs crisis in this country on several occasions – based in part on deliberately misconstruing StatsCan data – it’s never really stuck. Likewise, this pours a lot of cold water on the claims that the federal carbon price is a job-killer (though they would say that it remains too soon to tell). It also is on the road to completely disproving that said carbon price will drive the country into recession – in fact, it looks like the economy is picking back up steam after the slowdown related to the most recent oil price crash (which the Bank of Canada had always stated was due to temporary factors, though it spread a bit further than initially anticipated). That these job figures had other strong indicators like good wage growth in them, it bolsters the picture of that recovery, which should be back to solid growth by the time of the election. Of course, the Conservatives will try to point to the fact that the Americans are showing bigger job growth than we are, but it also bears reminding that they’ve juiced their economy with a trillion dollars in annual deficit spending, which puts Trudeau’s very small deficits in favourable comparison.

https://twitter.com/MikePMoffatt/status/1126925907908808704

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I’m not sure that this will undo all of the damage the Liberals have been doing to themselves, and they’re going to inevitably be arrogant in how they communicate this economic good news, but they can at least point to good numbers.

https://twitter.com/SkepticRod/status/1125431876670255104

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Roundup: Drawing the wrong lessons

At the time I’m writing this, it’s not looking too good for Rachel Notley and her NDP in the Alberta election (and sorry I couldn’t stay up late to track results, but StatsCan waits for no journalist). With that in mind, I wanted to just post a couple of thoughts about what this could bode – not just the immediate nonsense of Jason Kenney theatrically tabling a bill to repeal the province’s carbon tax (and immediately subjecting him to the federal backstop), or his threat to “turn off the taps” to BC when it comes to oil — something a court would strike down immediately because it’s utterly unconstitutional. Rather, I suspect that this will provide additional encouragement to Andrew Scheer to emulate Kenney’s tactics — fomenting anger, and selling people a steady diet of lies and snake oil, and hoping that he can find someone to blame when he’s unable to deliver on any of it should he get into power. Scheer’s problem will be that he doesn’t have another level of government he can cast too much blame upon, but that won’t dissuade him from the other tactics.

I also suspect that we’re going to get a renewed round of wailing and gnashing of teeth from “progressives” about how they couldn’t coalesce their votes around Notley and the NDP, and there will be all manner of blame being cast at the Alberta Party and the Alberta Liberals for splitting their vote (which is nonsense, of course, but we’ll hear it anyway).

Meanwhile, my column offers my personal loathing and dread about the way the election happened, and the problem with stoking anger and promising magic wands and snake oil.

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Roundup: Kenney’s meaningless proposals

I try not to make too big of a habit of talking Alberta politics here, but Jason Kenney outlined a bunch of policy planks over the weekend, and they’re both bizarre, and a bit concerning. Like, reviving the Firewall Letter concerning.

https://twitter.com/jkenney/status/1109567125163638784

Equalization reform? You mean, the formula that Kenney was at the Cabinet table for the last time the formula was tweaked? And he knows that including resource revenues in the calculations that Quebec will end up getting more, right?

The Fiscal Stabilization Fund is how Alberta has been getting additional dollars to help with their recent oil recession – never mind that they still have the highest incomes and potential tax base in the country – but “fairness.” Meanwhile, ending federal transfers in favour of letting provinces raise their own revenue goes against the whole notion of federal transfers to ensure equal levels of access across the country. It’s also like saying he wants to let Alberta raise taxes to compensate for federal funds, but he also keeps promising tax breaks, so go figure.

I believe that “Trudeau-Notley” payroll tax hike is the reforms to CPP, so that it ensures greater retirement security because people weren’t saving enough on their own. As for fairness in EI, again, Alberta has the highest incomes in the country, and industries that are far less seasonally dependent than other parts of the country. I’m not sure crying “fairness” will get him much sympathy.

Exempting Alberta from the CMHC stress test in ludicrous, because the whole point of the stress test is to ensure that banks aren’t saddled with bad mortgage debt. You know, like that whole global economic in 2008 was centred around? But sure, Albertans should be allowed to have bad mortgage debt because they need to keep buying suburban McMansions and pissing away oil wealth and should be exempt from consequences when the world price of oil falls again? Okay. As for those “land corridors,” well, Andrew Leach has a whole thread of questions about this particular policy that showcases that this one-line promise ignores the particularities around environmental assessments, Indigenous rights, and compensating property owners along those corridors (since Kenney is all about property rights, after all).

An “economic charter” is likely code for another bully tactic to force pipelines through other provinces, but he’s aware how provincial protectionism works, right? And how this has been an intractable issue in Canada since 1867? How his government did pretty much zero about furthering this when he was in federal Cabinet? All a Charter would do is force political questions onto the courts, which is more abdication of political responsibility in this county. Sorry, but no. As for an Alberta Parole Board, why? To what extent? Pardons are a federal responsibility, and while I’m sure it’s great that you want to make a big show of being tougher on criminals in your province than in others, that opens up Charter of Rights violations.

So, sorry, but no. This is all a bunch of empty noise designed to try and make a show of looking tough against Justin Trudeau as part of the Alberta election campaign, and not one of these is serious in any way. But, I guess better to throw a bunch of useless policy planks into the wind than talk about the world price of oil, or the xenophobes and white supremacist sympathisers who keep resigning in his candidates, or his own leadership campaign questions.

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Roundup: Philpott has more to tell, but won’t

The day, which was already off to a cranky start for most MPs who were voting all night, got an early, crankier start – for the Liberals, in any case – as a bombshell interview with Jane Philpott was released, in which she stated that there was more to the Double-Hyphen Affair story that needed to be told. But…she’s not going to do it. Oh, and by the way, she has no leadership ambitions, so this isn’t about that. And that was pretty much throwing a cat among the pigeons in the Commons, as suddenly the Conservatives started waving this interview about as further ammunition in their so-called protest vote-a-thon to “let her speak” (never mind that the votes have absolutely nothing to do with this Affair in any way, shape or form). And as the day wore on, other nonsense crept in, such as the Liberals fumbling a “shift change” during the votes and almost losing one of them. And incidentally, Philpott and Wilson-Raybould have been excused from the vote-a-thon, so as to not exacerbate any tensions with their sleep-deprived colleagues.

And it becomes increasingly more obvious that the way both Wilson-Raybould and Philpott are handling this is becoming a problem for all involved. Other MPs like John McKay and Judy Sgro vented by saying that if they’ve got something so important to say, that they should just raise it as a point of personal privilege in the Commons and get it over with. The former Law Clerk of the Commons, Rob Walsh, also said that they have absolute immunity in the Commons if they want to speak, and there would be no real consequences as they are no longer in Cabinet – except possibly being booted from caucus, and Trudeau reiterated that he was fine to let them stay in caucus because they’re okay with disagreement in the Liberal caucus. (He also insisted that Wilson-Raybould was not shuffled over the SNC-Lavalin DPA, yet again).

In hot takes, Matt Gurney says that Philpott is waving a red flag and we should hear what she has to say. Justice committee chair Anthony Housefather gives his reflections of what the committee heard, but also cautions that they are not a legal process and can’t be expected to behave like one. Susan Delacourt, however, is running out of patience with the drama, and notes that speaking truth to power isn’t acting like you’ve got a big secret you can be coy about. If it’s that important, then they should take any advantage they have and say what it is.

https://twitter.com/PhilippeLagasse/status/1108917885676601344

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Roundup: Calling Wilson-Raybould’s bluff?

We may be finally reaching the climax in the whole SNC-Lavalin/Wilson-Raybould Affair, as Justin Trudeau formally waived solicitor-client privilege and Cabinet confidence when it comes to Jody Wilson-Raybould appearing at the justice committee in order to clear the air on the whole situation. The limitation is that she can’t reveal any information or communications about her and the Director of Public Prosecutions regarding SNC-Lavalin – but that’s not what’s at stake, so it shouldn’t be an issue (though the Conservatives spent all afternoon decrying that Trudeau wasn’t sufficiently unmuzzling her before they knew the terms of the waiver). Of course, as soon as Trudeau announced that there was no issue with her speaking at committee, Wilson-Raybould released a letter saying that she was still consulting with her attorney, but she really wanted to appear at committee, but she eventually does, she wants a full thirty-minutes uninterrupted off the top to tell her side of the story. In other words, she’s still trying to control the situation.

This having been said, it is starting to feel like Trudeau is calling Wilson-Raybould’s bluff, after Clerk of the Privy Council Michael Wernick called her out at committee when he stated that there could be no privilege because no legal advice was given, and it was never discussed at Cabinet. Which makes me also wonder if Wilson-Raybould will overplay her hand given that she’s going to have to be very careful what she says if she wants to remain a Liberal for much longer. As for the committee, the Liberals defeated the Conservatives’ demand that the PM be ordered to appear before them, and they heard from legal experts on the Shawcross Doctrine.

In related news, it was also found that the as part of the same consultations that led to the deferred prosecution agreements legislation, the government is also considering other changes to the integrity regime (as part of the two-year review that was part of said regime when it was implemented), which would empower an arm’s length officer in Public Procurement to offer more flexible debarrments to companies that have been found guilty of corporate malfeasance (such as SCN-Lavalin and the ten-year ban they could face), and which Carla Qualtrough says offers them more flexibility to deal with corporate bad behaviour. Meanwhile, a group of SNC-Lavalin shareholders are planning a class-action lawsuit against the company for not disclosing that they were denied a deferred prosecution for over  a month, while the lack of convictions for wrongdoing by the company’s former executives has people questioning whether the RCMP and the Crown prosecutors are up to the task of dealing with corporate crime.

In punditry, Susan Delacourt notices that while Wilson-Raybould is driving the Affair right now, it’s odd that it seems to be done absent leadership ambitions, which creates a different dynamic. Kady O’Malley’s Process Nerd column reviews the whole Affair to date to offer suggestions as to where Parliament could strengthen its accountability measures to prevent a future repeat occurrence. Professor Jonathan Malloy lays out why this whole Affair is not a classic political scandal by any measure (which is also why Scheer calling it “textbook corruption” is also very odd).

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QP: She can speak at committee

Monday, another day in the interminable SNC-Lavalin/Wilson-Raybould Affair, and both Justin Trudeau and Andrew Scheer were present. Scheer led off, mini-lectern on desk, and in French, he read a particularly torqued version of Michael Wernick’s testimony last week. Trudeau stood up and rattled off his talking points about standing up for jobs while respecting the independence of the judiciary. Scheer was not impressed, and wanted to know what Trudeau ordered Wernick to tell Wilson-Raybould when he called her up, and go the same answer. Scheer switched to English, and he repeated his first question, but added the descriptors of “sleazy” to the affair, and Trudeau repeated the talking point in English. Scheer insisted that interfering in a criminal case is wrong, and demanded to know why he kept applying pressure. Trudeau picked up a script to say that Scheer didn’t know what he was talking about, and read about the Justice Department’s reasons to grant a deferred prosecution agreements. Scheer decried the sustained pressure to let Trudeau’s “well-connected friends off the hook,” to which Trudeau said that Wilson-Raybould could address the relevant matter at committee while the two cases were ongoing. Murray Rankin was up to lead for the NDP, wondering if the PM would let Wilson-Raybould speak, and Trudeau repeated his answer. Rankin laid out the timeline of events, and Trudeau repeated that it was never his call to make. Ruth Ellen Brosseau read Rankin’s first question over again in French, and Trudeau repeated his assurance that Wilson-Raybould would be able to speak. Brosseau read that the Liberals were just helping their friends, and Trudeau repeated the backgrounder on DPAs.

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Roundup: Welcoming (another) investigation

And thus, the SNC-Lavalin/Wilson-Raybould drama rolls along (and don’t you dare -gate this, or I will hunt you down and hurt you). The day began on a few different developments – first, that the Ethics Commissioner said he would begin “an examination” into the matter (which everyone stated was an investigation, though for a matter that has involved the parsing of words, I’m not sure that one is equal to the other), and that the Prime Minister said that welcomed the investigation from the Commissioner (possibly because it will take seven to nine months), that he’d spoken with Jody Wilson-Raybould twice over the past couple of day and stated that when they met back in the fall, and that he told her that any decisions around the Public Prosecution Service were hers alone (in the context of the public lobbying that was being done on all sides). And more to the point, he noted that the fact that she’s still in Cabinet should be proof that what’s alleged didn’t happen, as she would have resigned out of principle if she had been pressured, per the Shawcross Doctrine, and if he didn’t have confidence in her, then he wouldn’t have kept her in Cabinet. Oh, and he would ask the current Attorney General to look into the matter of whether he could waive solicitor-client privilege, because it’s not a simple matter (which got legal Twitter buzzing again).

Of course, none of this is proof enough for the opposition parties, who are demanding that the Justice Committee study go ahead, and the meeting is called for Wednesday, though the Chair has said that he’s hesitant because of the way in which the meeting was called, and the fact that he’s afraid of it simply becoming a partisan circus rather than a useful non-partisan exercise in getting to the truth of the matter. Other Liberals, like New Brunswick MP Wayne Long, is hoping the committee does take up the matter because he’s “troubled” by the allegations, while Celina Caesar-Chavannes is coming to Wilson-Raybould’s defence in light of accusations that there is a smear campaign in the works. And as added context to what is at stake, the federal government signed $68 million in new contracts with SNC-Lavalin last year, and they have a stake in some major projects.

Meanwhile, University of Toronto professor Kenneth Jull walks through the benefits and problems with deferred prosecution agreements like SNC-Lavalin has been pushing for. Kady O’Malley’s Process Nerd column goes through procedurally what is likely to happen during Wednesday’s justice committee meeting. Lawyer Michael Spratt sardonically wonders if Wilson-Raybould couldn’t achieve any of the promises in her mandate letter because she was being held back by PMO. Andrew Coyne remains adamant that there has not been a proper denial in any of this mess, as the PM continues to step on his own messaging, like he so often does.

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Roundup: Election interference protocols

The federal government unveiled their plans for dealing with election interference in future elections, and tried to create a system that keeps it within the realm of the civil servants and away from Cabinet (who would be in caretaker mode during the writ-period) and politicians in general. The protocol (infographic here) would see that the heads of national security agencies brief the Clerk of the Privy Council, the National Security and Intelligence Advisor, and the deputy ministers of Justice, Public Safety, and Global Affairs, who would then determine if there is a substantial threat to a free and fair election, at which point they inform the PM, party leaders, and Elections Canada before they hold a press conference to inform people of the incident.

In response, the Conservatives say it doesn’t go far enough, because they are on tear about foreign funding and third-party campaign financing, while the NDP say they want the Chief Electoral Officer involved (though I’m not quite sure what he would do in that kind of situation, because he deals with administering the election and not things like strategic “leaks” to media or propaganda). They also want social media companies to do more, and they are apparently reaching out to the government over this, but, well, their records have a lot to be desired in these kinds of situations.

Meanwhile, here’s Stephanie Carvin with what she was looking for beforehand:

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And what we saw in the announcement:

https://twitter.com/StephanieCarvin/status/1090643636231028736

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Roundup: Making hay of Venezuela

The situation in Venezuela has been getting political play in Canada, though perhaps not unsurprisingly from the NDP. Much of the party has long had a fascination with “socialist” regimes, both the Chavez regime in Venezuela, as well as Cuba (I was once at a house party with an NDP staffer who expressed shock that the Revolutionary Museum in Havana would have the audacity to subject her to propaganda when she was there to be inspired). It was perhaps least surprising that it would be Niki Ashton who put out the condemnation over Twitter for the Canadian government’s declaration to support the declared interim president of Venezuela in the bid to try and get a new round of free and fair elections up and running. This was echoed by one of the party’s by-election candidates, as well as newly nominated candidate Svend Robinson, who decried that the Canadian government was somehow following the lead of Donald Trump – patently absurd as we have not followed along with their Trump’s musing about military intervention, and the fact that we have recognised the last democratically elected leader in the country who has a constitutional case for the interim presidential declaration. And Jagmeet Singh? He offered a pabulum talking point that said absolutely nothing of substance, but did repeat the false notion that Canada is somehow following the Americans’ lead on this. All the while, Conservative and Liberal MPs started calling on Singh to denounce the Maduro regime in the country, which he hasn’t done, leaving the badmouthing to anonymous staffers.

Meanwhile, Canada is planning to host the other countries of the Lima Group next month in order to plan how to steer Venezuela back toward democracy, which totally sounds like us following the Americans and their musing about military intervention, right? Oh, wait.

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