The Thursday before the Easter break, and neither Justin Trudeau nor Andrew Scheer were present. That left Alain Rayes to lead off in French, and he demanded that the prime minister commence his legal action right away. Bardish Chagger said that Canadians heard the truth because the PM had the courage go waive any confidences, but the legal letter was sent because the leader of the opposition keeps speaking falsehoods. Rayes dared Chagger again, and Chagger reiterated that they took the first step with the letter. Mark Strahl took over in English, with added bluster, in demanded that the prime minister see his leader in court. Chagger reiterated her points in English, and so Strahl tried again, and again, not that the answer changed. Jagmeet Singh was up next, and he wanted assurances that the government would not interfere with the Director of Public Prosecutions, to which Chagger was concerned that Singh seemed to indicate a lack of confidence in the Ethics Commissioner of other institutions. Singh demanded a public inquiry in French, to which Marc Garneau stood up to say that Canada was cooperating with the OECD. Singh then asked about big banks’ sales practices and worried the government was only worried about big corporations, and Ralph Goodale reminded him that they introduced tougher penalties against banks giving misleading information. Singh tried again in English, and Goodale repeated his response with a tone of exasperation.
Tag Archives: SNC-Lavalin
QP: A dare and a denunciation
All of the leaders were present today, for what promised to be a lot of back and forth over the libel suit. Andrew Scheer led off, and he dared Justin Trudeau to go ahead with the suit. Trudeau picked up a script to say that this was the party of Stephen Harper, that they backed down when threatened over statements about Navdeep Bains, and this was more misleading by the Conservatives. Scheer repeated the question in French, and got the same response from Trudeau but in French. Scheer demanded court proceedings commence, and Trudeau first said that Scheer wouldn’t denounce white supremacists, and raised Senator Housakos’ comments in committee saying he didn’t think it was a problem. Scheer dismissed this as a smear tactic, and stated that he always denounced white supremacists (possibly saying those actual words for the first time). From there, Trudeau went on a tear about Scheer misleading Canadians and pivoted to the environment, to which Scheer demanded Trudeau go on the record in court, and Trudeau kept on about the Conservatives’ lack of a plan. Jagmeet Singh was up next, and said that the OECD was watching Canada on the SNC-Lavalin file and demanded a public inquiry. Trudeau reminded him that the justice committee was master of its own destiny and he ensured everything was public. Singh tried again in French, got the same answer, and then Singh railed in French about Loblaws getting climate funds. Trudeau reminded him that the private sector has a role to play in fighting climate change and the government would partner with them, and when Singh tried again in English, and Trudeau said the problem with the NDP was that they were all talk, while they were taking action.
Playing politics with racism, which impacts people on a daily basis is, disgusting and wrong. What just happened in the @OurCommons is shameful.
— Celina Caesar (like the salad)-Chavannes (sh-van) (@iamcelinacc) April 10, 2019
Roundup: Denials and special committees
The pace of news out of the Double-Hyphen Affair fallout slowed somewhat yesterday – finally – but there were incremental developments starting with yet another interview by Jody Wilson-Raybould, in which she was somewhat more categorial about her insistence that she would never try to have the prime minister direct her successor (and yet she kept saying she wouldn’t respond to anonymous leaks, even though this whole Affair was touched off by anonymous leaks to the Globe and Mail, and she responded to those). There nevertheless remains some incredulity at the notion that an issue that supposedly cuts at the heart of prosecutorial independence in this country could have been smoothed over with an apology. Also, apparently the Vancouver–Granville riding association is staying in place and not resigning out of protest, so that is also a significant development.
Meanwhile, SNC-Lavalin is going to appeal the decision that denied them judicial review of the Director of Public Prosecutions’ decision not to grant them a DPA. They’re saying that they have new evidence that has come to light during this whole Affair – things like information on when decisions that were taken that don’t line up with information that the company provided to the DPP, about conditions that supposedly weren’t met for eligibility, and what they consider an abuse of process. They’re not likely to get very far with the appeal, but it’s a lifeline for them nevertheless.
On another front, there is now a live debate in the Senate regarding Senator Pratte’s motion to create a special committee to look into the issues surrounding the Affair, particularly separating the Attorney General from the justice minister, as well as the role of remediation agreements. It’s fairly fraught in part because there are a lot of unknowns in what he is proposing, given that it would establish a special committee rather than go through one of the established committees, and its known quantities in terms of membership. Nevertheless, the fact that his proposal has defined aims that are less likely to be read as partisan will mean that it’s more likely to get the support of the Independents, which is what will be important in getting the needed votes.
Roundup: Media rounds and brand damage
Freed from the expectation that they needed to stay quiet(er) in order to not jeopardise their chances of remaining in caucus, both Jody Wilson-Raybould and Jane Philpott hit interview circuit, the former in Maclean’s and the Globe and Mail, the latter also in Maclean’s and on CBC Radio and Power Play. And there is no doubt that both of them thought they were doing the right thing, but I’m not sure they quite grasp some of the political realities that the prime minister is grappling with. They kept saying that if Trudeau had just apologised from the start, this all could have been avoided, but that would have meant admitting that he was in the wrong, and that’s both a problem on every level for him to do, and I get the impression that nobody thinks they were trying to interfere or apply inappropriate pressure. And because they both think they’re right, we’re in the situation we’re in. Philpott did tell Don Martin that she’s aware of other conversations that are still relevant to what happened, but she’s not going to dangle them out there (err, she just did) because everything that people need to know is already public, but she didn’t say that she thought the prime minister was lying. In her interview with the Globe, Wilson-Raybould admitted to clashing with Carolyn Bennett over the Indigenous Rights framework, but it was her comments to Maclean’s that really made me pause, where she said she didn’t really understand the Liberal Party anymore, and it makes me wonder if she actually understood them to begin with, given how the party morphed itself as the cult of Trudeau after his messianic leadership campaign, and that many of the new MPs are as a result of that rather than stalwarts who stood with the party through the lean opposition years. Oh, and Wilson-Raybould also sorta disputed that there were negotiations regarding ending the tiff with Trudeau, and some confusion as to whether that was before she quit Cabinet or in the weeks that followed, and we got a bit of clarification.
In email tonight JWR:
“I have never and would never seek to interere with the esecise of prosecutorial discretion by the attorney general of Canada". #hw— Rosemary Barton (@RosieBarton) April 5, 2019
CBC went back to our original sources. And, source says JWR raised the demand the decision on SNC Lavalin be respected directly with the prime minister during their conversations in Vancouver before leaving cabinet. But the condition was not part of recent negotiations. #hw
— Rosemary Barton (@RosieBarton) April 5, 2019
Speaking of Trudeau, there has been a lot of focus on the damage to his brand, in particular his Feminist™ brand in the past few weeks, and with the ouster of Wilson-Raybould and Philpott (not to mention Celina Caesar-Chavannes’ decision to leave caucus of her own accord). In particular, the symbolism of the whole Affair crashing down around the Daughters of the Vote event was a darkly ironic for the prime minister, with one of his former youth delegates calling his rhetoric hollow. Add to that, there has been an expectation built up around him that his “doing politics differently” led people to believe that when push came to shove that he wouldn’t act like a politician, in spite of all of the symbolism he invested in. (There is probably a lesson in there too about filling in the blanks when someone says they’ll be different, but won’t specify how). Over on Twitter, Moebius Stripper reminds us not to confuse the actual good feminist work of this government with its Feminist™ branding.
Amidst the awfulness and brand-torching, Chris Selley recalls weeks ago when the Liberals floated a trial balloon to say that Trudeau would apologise for…something, didn’t, and now the claims that Wilson-Raybould tried to force an apology. Paul Wells, meanwhile, is in a Mood, and he (quite properly) lambastes this while Affair as another in a line of incidents that reveals the true heart of this government, and the ramshackle way in which they run this government (and if you looked at what they’ve done to the Senate alone, I would absolutely agree).
QP: Leaks and legal fees
While there were more leaks and allegations on the ongoing Double-Hyphen Affair, neither Justin Trudeau nor Andrew Scheer were present today, so it was all going to be overwrought Conservative talking points versus Bardish Chagger’s bland assurances. Candice Bergen led off, accusing Trudeau of misleading Canadians on the Affair, to which Chagger gave her usual reply that he was transparent, gave the waiver, and that everything was in the public. Bergen accused Trudeau of smearing Wilson-Raybould, and Chagger repeated that all facts were now public. Bergen read a selective timeline of events, and Chagger repeated that the committee heard weeks of testimony and that this was all public. Alain Rayes took over to repeat Bergen’s allegations of falsehoods, but in French, and Chagger repeated her same response in French, without notes, as she’s memorised it all by now. Rayes then raised the issue of the media Access to Information request about the PCO documents raised in the case, but Chagger stuck to the same points about everything being public, adding at the end that they would receive the documents they requested (but did not say when). Jagmeet Singh was up next, and raised elements of an interview Jane Philpott earlier today in which she commented on the potential of a Deferred Prosecution Agreement for SNC-Lavalin and wanted assurances that they would not give a deal to the company, to which David Lametti reminded him that they were still in the appeal period for the judicial review request, so he would not comment publicly. Singh tried again in French, got the same answer, and then asked a Quebec-flavoured pharmacare question. Ginette Petitpas Taylor reminded him they created an advisory council and their final report was on the way. Singh switched to English to demand immediate action and touted his party’s plan, to which Petitpas Taylor repeated her response in English.
The Conservatives tried the “I can’t call the prime minister a liar, but…” tactic again and got another warning from the Speaker. #QP
— Dale Smith (@journo_dale) April 4, 2019
Roundup: A list of demands
It was another day full of plot threads in the ongoing Double-Hyphen Affair and its associated fallout, and boy oh boy was there some overwrought rhetoric throughout the day. First up was the release of that memo that the Deputy Minister of Justice apparently wrote for PCO about DPA but was blocked by Wilson-Raybould from being delivered, and it outlined areas where SNC-Lavalin may still be able to bid on federal contracts if they did not get a DPA and was convicted. Wilson-Raybould claims she don’t recall blocking the release, and said that Michael Wernick should have taken her word that she considered it. (Kady O’Malley’s Process Nerd column adds this to the list of unresolved plot points in this Affair). Following this was the Daughters of the Vote event, where a number of the attendees walked out on Andrew Scheer, and others stood up and turned their backs to Justin Trudeau in solidarity with Wilson-Raybould and Philpott. Trudeau also took a number of questions from the attendees, and many of them were not friendly. Before Question Period, Philpott and Wilson-Raybould scrummed on their way into the House of Commons, Philpott saying that trust was a two-way street, and Wilson-Raybould said that interference in a prosecution was “unconscionable,” echoing Trudeau’s words, and that she made the recording to protect herself from “danger.” And then came QP, which was largely 45-minutes of policing each other’s feminism. Because of course it was.
And then came the inevitable bombshell. It’s starting to feel like this is becoming a daily occurrence, this little game of tit-for-tat, where those anonymous senior Liberals leaked to both the Star and CBC that there had been weeks of negotiations between Trudeau’s office and Wilson-Raybould on what it would take for them to end their rift, and Wilson-Raybould had a list of demands, which included firing Gerald Butts and Michael Wernick (done), an apology of some sort, and assurances that David Lametti would be instructed not to override the Director of Public Prosecutions on the SNC-Lavalin file – and it’s this one that’s pretty problematic, because it sounds an awful lot like she wants the prime minister to interfere in the decision of the Attorney General on an ongoing prosecution. One might say it’s political pressure – especially given the continued media leaks and dribbling of information. If these negotiations are true, it could explain why it took Trudeau so long to come to the decision to oust them, but even then, it all starts to feel like a bit of a bad play where the threat is brand damage, and a calculation that it’s survivable in the face of other options. I guess we’ll see what the rebuttal to this will be. And the subsequent rebuttal. And so on.
So she allegedly wanted the new AG ordered not to consider overriding the DPP on a remediation deal for SNC-Lavalin? Sounds a bit like political pressure. https://t.co/As6bXkkI4P
— kady o'malley (@kady) April 4, 2019
But let’s say a new AG legitimately disagreed and wanted to issue a directive. If JT had complied, then wouldn’t he be politically interfering in the discretion of the new AG?
She was essentially demanding he commit to do what she accused him of.
— Robert Glasgow (@TheTradeLawGuy) April 4, 2019
Chantal Hébert notes that wherever Wilson-Raybould and Philpott wind up, they would find that most other parties have their own internal divisions as well. Emmett Macfarlane thinks that if the decent people in the PMO and among the Liberal caucus had simply exercised some self-reflection, the expulsions would not have been necessary. Sarmishta Subramanian looks at some of the odd media narratives that have emerged throughout this whole Affair, where some cases see the media doing the spin for the parties without them even bothering to.
QP: Who is the better feminist?
For the first time this week, and after all of the drama that has happened thus far, all of the party leaders were present, just in time for PMQs. Andrew Scheer led off, mini-lectern on desk, and he stated that everything that Wilson-Raybould was true, everything the PM was false, and wondered why telling the truth got one kicked out of the Liberal Party. Justin Trudeau stood up and extemporaneously stated that being in caucus comes with rights and responsibilities, that he listened to the members of his caucus, reflected on it, and decided to take this difficult action in order to move forward. They went again on the very same in French, and then Scheer disputed Trudeau’s statement, and Trudeau pointed out his party’s record when it come to strong women. Scheer said it was “unconscionable” go kick out someone who speaks truth to power, and Trudeau deployed his line that the Conservatives will do anything to not talk about the budget. When Scheer tried again, Trudeau said that when it comes to talking about falsehoods, Scheer shouldn’t throw stones. Jagmeet Singh was up next, and he raised Grassy Narrows, and demanded that Trudeau head there immediately. Trudeau apologised again for his comments last week, and said the minister of Indigenous services was in touch with the chief. Singh raised the message Trudeau was sending to Daughters of the Vote, and Trudeau talked about how they won’t always agree but that’s why this place exists, and they need to defend their principles. When Singh tried again, Trudeau raised reconciliation and how they are acting for Canadians instead of playing politics. Singh tried again in English, and Trudeau concern trolled that Singh hopefully didn’t mean to disparage the other women in Cabinet and caucus.
Trudeau says that when it comes to falsehoods, Scheer shouldn’t be throwing stones. #QP
— Dale Smith (@journo_dale) April 3, 2019
https://twitter.com/AaronWherry/status/1113508343602208769
Roundup: The ouster of the dissidents
After a day of bated breath, and rumours of regional caucus meetings, Justin Trudeau decided to pull the plug and expel Jody Wilson-Raybould and Jane Philpott from Liberal caucus, ostensibly saying that trust had been lost. While Wilson-Raybould would not say that she had confidence in the prime minister, Philpott went on camera that morning to say that she did, that her loss of confidence was solely in the handling of that one issue but otherwise she was still a good Liberal, but that wasn’t enough. For her part, Wilson-Raybould sent a letter to her caucus mates to plead her case, that she felt she was standing up for the values they shared and was trying to protect the prime minister from a “horrible mess,” but it didn’t sway any minds it seems. In the intervening hours, the texts and notes that Gerald Butts submitted to the Commons justice committee were released, and it mostly focused on the Cabinet shuffle, with the assurances that she was not being shuffled because of the SNC-Lavalin file, but because they needed someone with high profile for one of the highest-spending departments and she refused Indigenous Services. (Wilson-Raybould was also convinced that they were planning to replace her chief of staff with one of two PMO staffers she accused of trying to pressure her, which Butts said was not the plan, and which has not happened, for what it’s worth). I did find that Wilson-Raybould’s concern about the timing of the shuffle was suspicious, considering that the SNC-Lavalin file was on nobody’s radar until the Globe and Mail article, and her warnings of Indigenous anger if she was shuffled is also a bit odd considering that her record on addressing those issues while she was in the portfolio were…not exactly stellar.
When the “emergency” caucus meeting happened, Trudeau had just informed the pair that they were expelled, and he gave a lofty speech about trying to do politics differently, and sometimes that was hard and they didn’t always get it right, but he called recording the conversation with the Clerk of the Privy Council to be “unconscionable” (though it bears reminding that Philpott did not partake in this), and that they needed to be united because Liberals lose when they fight among themselves – and then he went into campaign mode. Because of course he did.
In the aftermath, Philpott put out a message that described her disappointment, and noted that she never got the chance to plead her case to caucus – though one imagines that for most of the caucus, the interview with Maclean’s, the hints of more to come, and what appeared to be a deliberate media strategy was her undoing, and her last-minute declaration of loyalty wasn’t enough to save her. She does, however, appear to want to stay in politics, so that remains interesting. Wilson-Raybould tweeted out a message that was unapologetic, rationalised her actions, and talked about transcending party, so perhaps that’s a hint of her future options. Andrew Scheer put out a message saying that there’s a home for anyone who speaks truth to power among the Conservatives, which is frankly hilarious given how much they crushed dissent when they were in power. (Also note that the NDP won’t take floor-crossers who don’t run in a by-election under their banner, and if they “make an exception” in this case, that will speak to their own principles. As well, if anyone thinks that they’re a party that brooks dissent, well, they have another thing coming). Liberals, meanwhile, made a valiant effort at trying to show how this was doing things differently – because they let it drag on instead of instantly putting their heads on (metaphorical) spikes. And maybe Trudeau was trying to give them a chance – he stated for weeks that they allow dissenting voices in the caucus – but the end result was the same.
What I can say is that I hold my head high & that I can look myself in the mirror knowing I did what I was required to do and what needed to be done based on principles & values that must always transcend party. I have no regrets. I spoke the truth as I will continue to do. (2/2)
— Jody Wilson-Raybould (JWR), PC, OBC, KC 王州迪 (@Puglaas) April 2, 2019
Couldn’t agree more! The Prime Minister made every effort to accept that there is space in the Liberal Party for differences of perception and/or opinion. What there isn’t any negotiable space is in the absolute necessity for loyalty! https://t.co/VHWIsC02wx
— Alexandra Mendes (@AlexandraBrStL) April 3, 2019
In hot takes, Andrew Coyne says the expulsions serve no purpose other than vindictiveness, and that it’s a betrayal of the role of backbenchers to hold government to account. Susan Delacourt marvels at how long this has dragged out, and whether it’s a signal of dysfunction in the centre of Trudeau’s government that it’s carried out as it has. Robert Hiltz zeroes in on the lines in Trudeau’s speech where he conflates the national interest with that of the Liberal Party, which has the side-effect of keeping our oligarchical overlords in their comfortable places.
Parties get into the most trouble — ethically and electorally — when they can no longer distinguish their own electoral interests from the good of the people they serve.
This warning applies to several parties in Canada right now.
— Jen Gerson (@jengerson) April 3, 2019
QP: Assurances that the system works
While the PM had initially promised to be in QP today, he cancelled earlier in the morning, leaving Andrew Scheer to square off against another front-bencher — likely Bardish Chagger. Scheer led off in French, mini-lectern on desk, and went through previous statements of the PM on the Double-Hyphen Affair and demanded the truth on the matter. Chagger reminded him that everything was in public and people could make up their own minds. Scheer tried again in English, and got the same response in English. Scheer read that nobody bought the prime minister’s line, and he read statements from the transcript of the Wilson-Raybould/Wernick call, to which Chagger reminded him the committee heard testimony in public. Pierre Paul-Hus took over in French to accuse the justice committee of being obstructionist, and Chagger reiterated that all of the facts were now public and the system was working. Paul-Hus listed the staffers who the committee hadn’t heard from, and Chagger repeated that everything was in public, and that the prime minister already took responsibility. Ruth Ellen Brosseau led off for the NDP, and read a defence of Wilson-Raybould’s decision to record the conversation with Wernick and turned it into a question about not standing up for women. Chagger calmly repeated that all of the facts were now public, and accused the NDP of playing politics. Brosseau then read a demand that the PM visit Grassy Narrows immediately, and Seamus O’Regan responded that they were moving ahead with building the health facility there. Charlie Angus then self-righteously demanded the PM personally call the chief of Grassy Narrows to apologise personally, and O’Regan said that he was going to meet the chief personally to ensure they would move ahead with the health centre. Angus then thundered sanctimoniously about the recorded call, and Chagger remarked that in their own caucus, they allow robust discussion.
Roundup: The caucus question
The question of the future of Jody Wilson-Raybould and Jane Philpott in the Liberal caucus is a very live question as sentiment seems to be turning against them – though one imagines that Wilson-Raybould’s ouster is probably of bigger concern to most Liberals given the revelation of the tape she made of her conversation with Michael Wernick. Apparently, the various caucus chairs have been meeting, and pushing for an emergency caucus meeting before the regularly scheduled Wednesday meeting to try and resolve the issue before then. Some of them want a declaration from the pair that they support the leader before they will consider letting them stay – and Wilson-Raybould would not give that when scrummed after QP yesterday, saying she believes in the party and what it stands for, but would not give any assurances about the leader. (She also scoffed at the idea of resigning, insisting that she was doing the best job she could). Of course, the fact that she made the secret recording means that she has broken the trust of colleagues, even though she has made the excuse that Wernick was neither a member of caucus, nor her client. (I would add that it doesn’t explain her conduct during that call, which contained a number of irregularities, leading questions and directed conversation in search of quotes). There are questions still about Philpott, and where she will position herself since the release of the tape, and some Liberals have suggested that perhaps she was “used” by Wilson-Raybould. (And one has to wonder if the tape would change her own notions about her support for Wilson-Raybould).
I have to say that I’m struggling on the question of whether or not Wilson-Raybould should remain in caucus, because while I believe there is room for dissent, and even for MPs who don’t support the leader – because it’s a gods damned political party and not a personality cult – I also find that the tape causes me a great deal of concern for the reasons articulated above, as do the opacity of her motivations for behaving in the way she has, particularly around the tactical use of silence on something that you would think she’s be pulling the fire alarm over if it was what she is hinting. Too many things don’t add up, which is both distressing and exhausting for someone trying to understand what is going on. I get that there are Liberals with battle scars who don’t want a replay of the Chrétien-Martin years (or the Dion-Ignatieff wars, or even Turner-Trudeau Senior if you want to go that far back), and there is the worry that Wilson-Raybould’s presence in caucus will be a potential source of internecine warfare that Liberals apparently excel at, or that Trudeau should be putting some metaphorical heads on spikes to reassert his dominance, or any of that, but again, this is a political party, not a personality cult. This is not and should not be Trudeau’s party, but there is a live question about the damage she has done to the party and its chances in the election given the way that this has rolled out, and members of caucus will need to consider that. It’s not an easy task, and they should think carefully, because expelling those two could create bigger narrative problems for them in the longer term. But it’s also not up to me to decide (and I’m not one of those journalists who enforces caucus loyalty), so I await to see what everyone in the caucus room decides.
Meanwhile, the Conservatives decided that their next pressure tactic would be for Pierre Poilievre to “filibuster” the budget debate – err, except it’s not really a filibuster because it can only take place during the time allotted for government orders, and the Standing Orders limit the budget debate to a maximum of four days, those days being at the government’s choosing. So essentially, Poilievre is holding himself hostage, and by him taking up all of the speaking time over those four allotted days, he’s essentially ensuring that nobody else has to prepare a speech of their own, so all of the MPs on House duty can simply spend their time doing paperwork at their desks while he carries on. So…I’m not sure what exactly the Conservatives are hoping to accomplish. It’s another ill-conceived move by a caucus who mistakes tactics for strategy.