Tag Archives: SNC-Lavalin

Roundup: Conspicuous silences

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While responses from Canadian politicians and civil society was swift to the mass murder in New Zealand by an alleged white nationalist, Andrew Scheer’s initial tweets didn’t mention the fact that the victims were Muslims, or that they were killed in a mosque. He later put out an official statement that mentioned these things, but didn’t recant any of his winking to white nationalists with “globalist” conspiracy theories, giving succour to racists in order to “own the Libs,” or his wilful blindness of the racist and xenophobic elements of the “yellow vest” protesters that he recently addressed on the Hill (alongside other famous white nationalists, without denouncing them).

Ahmed Hussen said that people who are silent about hateful online comments feed into the narratives that lead to violence, which had Scheer’s office sniping that he was trying to score political points off of a tragedy, but it’s notable that Lisa Raitt and Michelle Rempel were calling out people posting racist responses to the news of the tragedy. (Notably, only Michael Chong called out the white nationalist problem in Canada). Here’s Carleton University professor Stephanie Carvin providing some national security and intelligence context, along with some analysis of how social media feeds this problem.

Andrew Coyne points out Scheer’s continued inability to do the right thing, not only with his poor first statement this time, but his inability to confront racists and for buying into populist conspiracy theories (and he even missed a few other examples).

Jody Wilson-Raybould

As the next Liberal caucus meeting draws closer, and a decision as to whether Jody Wilson-Raybould and Jane Philpott should be allowed to remain in caucus becomes more immediate, Wilson-Raybould published an open letter to her constituents to reiterate her commitment to being a Liberal, but it was more than that. Rather than just a simple statement about serving her constituents, or some feel-good language, she went on about being new to party politics and wanting to bring change to reject the culture of conflict, empty partisanship, and cynical games. Except this reads a lot like a cynical game in and of itself because it’s both a dare to the prime minister to keep her (and Jane Philpott) in caucus – Justin Trudeau saying he hasn’t spoken to either of them, and that he had no comment on this letter – and it sounds a lot like a challenge to Trudeau and his authority. You know, like she did with her refusal to turn over relevant information about recommendations for judicial appointments, and her refusal to be given a different Cabinet post. It remains to be seen what her endgame is, but this seems to be looking more like a future leadership bid, albeit in a way that hasn’t been done by those who have done so in the past. But that said, I think it’s pretty hard to ignore that Wilson-Raybould has an endgame in mind.

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Meanwhile, the Conservatives have decided that they’re going to begin a new round of procedural warfare over the demands to get Wilson-Raybould to testify again at the Justice committee, and they’re going to demand all-night line-by-line votes on the Supplemental Estimates. But…we’ve seen this show already. It’s a poor procedural protest because these votes have zero to do with the Wilson-Raybould situation, and when they vote against line items, it opens them up to attack from the government – just like the last time they attempted this and voted against things like veteran benefits allocations. It’s not smart strategy, and it’s premature because the committee hasn’t decided if they’re going to hear from Wilson-Raybould again or not. And then they’ll cry foul, like “You’re making us inconvenience everyone!” when no, nobody is making you do anything. Try again.

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Roundup: Musings from a non-committee member

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It was another day of clutched pearls as Liberal MP Francis Drouin, who moved the motion at the stunt committee meeting on Wednesday to adjourn until the planned meeting next week, spoke to CBC about the fact that he thinks that they’ve heard enough and it’s time to move to the next phase of the committee. The problem? That Drouin isn’t actually a member of said committee, so his opinion doesn’t really matter. That he was at the committee on Wednesday is largely because his riding is not far from Ottawa, and that tends to be what happens when emergency meetings get called – most of the regular members don’t end up showing up because of travel times and commitments (or in this case, it’s the middle of March Break, and some of them have families with kids that they don’t see nearly enough). Now, if the Liberals meet on Tuesday, and put a bunch of ringers on the committee when they decide to go in camera to talk next steps for witnesses and timetables, and they decide they’ve had enough, well then, yes, we will have something to complain about. But that hasn’t happened yet, there isn’t any indication about that happening, so let’s all just calm down. Drouin is entitled to his own opinions, but he won’t be making any decisions here.

Should the justice committee opt to end the investigation, here are options that Jody Wilson-Raybould could use to “speak her truth” some more (though given how tactical her silence has been, I wouldn’t hold my breath). I also suspect that after their dire warnings yesterday, the opposition are going to start procedural shenanigans in order to try and force the government to carry on the hearings, but we’ll see how that unfolds.

In related news, it turns out that SNC-Lavalin also tried to recruit the Quebec justice minister to lobby for a DPA on their behalf. As well, a luxury condo in Toronto owned by the Gaddafi family, redecorated at SNC-Lavalin’s expense, has been sitting empty since 2009.

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Roundup: Predictable committee stunts

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As expected, the justice committee meeting yesterday was short and went nowhere, as the Liberals on the committee (most of whom are not regular members of said committee) voted to respect the original schedule, which is to consider next steps on Tuesday, like the plan was all along. And predictably, there was much performative outrage and the pundit class all shook their fists in outrage that the Liberals would dare to shut down the inquiry (which they didn’t), and lo, why doesn’t the PMO get it right on this whole sordid affair, woe is us, woe is us. If you need any clues that this “emergency meeting” was anything other than a stunt, let’s consider the fact that despite the fact that the committee was going to deal with next steps when Parliament returned next week, they nevertheless demanded said “emergency meeting” in the middle of March Break to denote how seriousthey were about it. (Meanwhile, if any of these MPs complain about how hard parliamentary life is on their families and children, we need only remind them that they pulled stunts like this). But when most of the actual committee members are unavailable, it’s not exactly like the bodies they’re filling the seats with are in a position to do the work of the regular members of the committee for them and to evaluate what they’ve heard. Oh, and putting Pierre Poilievre in the lead seat for the Conservatives is a flashing red light with accompanying klaxon that this is a stunt. The opposition also wanted this debate on inviting Jody Wilson-Raybould back to be in public, despite the fact that committee deliberations on witnesses and timetables happen behind closed doors for a reason. I cannot stress this enough. This kind of meeting to demand a vote in public is showmanship designed for the cameras. The feigned outrage and unctuous sanctimony when the Liberals voted the way everyone expected them to is also indicative that this was entirely a stunt. And We The Media bought it all, and nobody I saw bothered to challenge them on any part of it. Well done us.

Now, the Liberals have a choice next week, and if they don’t invite Wilson-Raybould back, it’ll be a black eye for them, deservedly. I suspect they know this. As for Wilson-Raybould, I’m not sure that anyone believes she can’t speak to her resignation, because it has nothing to do with solicitor-client privilege, Michael Wernick stated that none of this was discussed at Cabinet (hence essentially waiving any Cabinet confidence on the matter), and Gerald Butts has also spoken about this time period. If she insists she can’t, the credibility of that assertion needs to be questioned. But until the Liberals on the justice committee actually vote to shut it down and write their report, can we hold off on the pearl-clutching until then? Otherwise, we’re playing into stunts.

Speaking of predictable pundit outrage, here’s Andrew Coyne decrying that prime ministers can get away with anything in this country. Well, except for the resignations, the committee study, the Ethics Commissioner investigation, strongly worded letter from the OECD and intense media scrutiny. As for his shaking his fist at “our system,” I don’t exactly see the system south of the border any better at dealing with the blatant corruption of their president, so…yay?

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Roundup: The OECD is watching

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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.

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.

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Roundup: A policy without details, part eleventy

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Earlier this week, the Conservatives unveiled a new election policy, which was about removing the GST on home heating. For those of you who remember, this used to be an NDP policy that never went anywhere. It’s populist in that its economically illiterate and won’t help those who need it most, but gives a bigger break to the wealthy. But over the past couple of days, economists have been digging into just what this entails, so I figured I would showcase some of that discussion, to get a better sense of a promise that comes with few details about implementation. (Full thread here).

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Double-Hyphen Affair developments

There was a slightly unexpected development in the Double-Hyphen Affair yesterday when the Federal Court decision on SNC-Lavalin’s request for judicial review of the Director of Public Prosecutions’ decision not to offer them a deferred prosecution agreement was released, and to the surprise of nobody who has paid the slightest bit of attention, it was denied because this isn’t something that is reviewable by the courts. So that means the prosecution goes ahead, barring the Attorney General issuing a directive that would override the DPP’s decision. In related news, here’s a deeper look at just who SNC-Lavalin was consorting with abroad, and for all of his demands for Justin Trudeau’s resignation, Andrew Scheer says he won’t introduce any non-confidence motion. Hmmm…

And because the hot takes are still coming on this, Chris Selley wonders whether there will be utility to prosecuting a company if it takes four years to even decide whether to prosecute, during which time the company has undergone an ethics and compliance overhaul. Andrew Coyne wonders why any company would bother with the courts when they can lobby as effectively as SNC-Lavalin has (but perhaps it’s because SNC just plays that game better than anyone else). Martin Patriquin supposes that Trudeau may be playing this whole Affair that will benefit him in the long term. Colby Cosh (rightly) clocks the Liberals’ supposed commitment to internationalism also taking a beating in light of the Affair given that it is centred on SNC-Lavalin’s corrupt practices in Libya.

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Roundup: No contrition

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Despite the Liberals having floated that the notion that Justin Trudeau may be striking a more conciliatory tone over his handling of the Double-Hyphen Affair, when he called an early morning press conference before getting on a plane to Iqaluit (and having to turn back because of weather), Trudeau was decidedly not conciliatory. Or apologetic. But he did say that they were always learning lessons, and this too was one more of them. Of course, I’m not really sure how conciliatory he really could be – he has basically boxed himself into a corner where he can’t admit wrongdoing, because that would mean he undermined the rule of law, but he also has to look like he’s sensitive enough as to why Jody Wilson-Raybould resigned while still trying to brazen it out. It’s one hell of a juggling act, but nobody seems to be buying it. And so, while mouthing words about leadership styles and trying to put forward the notion that Wilson-Raybould didn’t come to him with her concerns where the door was open, one of his soon-to-be departing MPs, Celina Caesar-Chavannes tweeted that she tried to do so, twice, and was apparently rebuffed (and then refused all media entreaties to clarify). So there’s that.

In related content, some Indigenous and Métis leaders say that Wilson-Raybould could have effected real change had she taken over the Indigenous Services portfolio that she rebuffed. Here’s a list of outstanding questions we have after discrepancies between Wilson-Raybould’s testimony, and that of Gerald Butts and Michael Wernick. And since the opposition members of the justice committee have seen fit to recall the committee next week, they may have the opportunity to call past witnesses back…again. The National Postrounds-up the international and Quebec reactions to the ongoing story. And of course there are the premiers of Saskatchewan and Alberta (and Brad Wall) whinging that this shows special consideration for Quebec-based jobs, while conveniently ignoring that Trudeau bought a pipeline and has been shovelling federal dollars into the energy sector of late. Here’s a look at what a 10-year ban on federal contracts could mean for SCN-Lavalin, as they are now lobbying for leniency if they are convicted, and updates to the integrity framework could be flexible enough that they could avoid debarment.

In pundit reaction, Chris Selley is having none of Butts’ explanations for the Cabinet shuffle math. Jason Lietaer offers suggestions as to how Trudeau could have fixed the situation (but that would mean showing contrition, which is risky for him to do). John Geddes makes the point about how Trudeau promised not to centralise power in his office, but certainly appears to have anyway. Robert Hiltz has a hard time figuring out just what lessons Trudeau says he’s learned, given that he seems oblivious to it all.

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Roundup: Hunkering down in the PMO

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The Double-Hyphen Affair took a bit of a breather yesterday, but will be back in full gear today as Gerald Butts and Michael Wernick testify at the justice committee. It will be interesting to see how they try to refute (or at least nuance) Jody Wilson-Raybould’s testimony last week, without trying to cast her as the villain or the problem. Meanwhile, Justin Trudeau cancelled an appearance in Regina yesterday and returned to Ottawa to hunker down, and his office is floating the news that he’s going to try for a more conciliatory tone – with some new lines that he tested out at the Toronto audience on Monday night. Elsewhere, Liberal MP Steve MacKinnon had to walk back his comments that SNC-Lavalin was “entitled “ to a deferred prosecution as a poor choice of words (no kidding), but said that they remain a candidate for one. More Cabinet ministers are giving their reassurances to the media, such as Chrystia Freeland did yesterday, including the assurance that yes, Trudeau is still a feminist leader. Also making the rounds was former Liberal deputy prime minister Sheila Copps, who took the aggressive line that Wilson-Raybould and Jane Philpott were unused to the rough and tumble of government because they hadn’t spent any time in opposition, and she urged Trudeau to kick them out of the party (which I think would be an even bigger mistake, but what do I know?) We also learned that David Lametti has asked for outside legal advice on “issues raised” by the current Affair – but not the question of the deferred prosecution agreement itself, in case anyone thinks this is him buckling to the kind of pressure that Wilson-Raybould was alleging.

For context, Tristin Hopper talks to a number of legal and constitutional experts about what has transpired in the Affair, and lo, this is largely a political issue that will have a political solution. Imagine that. Here’s an examination of how the playing field remains tilted against Wilson-Raybould because of her status as an Indigenous woman in what has been a field dominated by white men. Here’s a look at how the Liberals could turf Trudeau (but seriously, if you want a better discussion on this, read my book).

In pundit reaction, Susan Delacourt wonders why Trudeau keeps finding himself surprised by these recent events, particularly the resignations. Jason Markusoff warns that the Liberals appear to be gearing up to use “the other guys suck” as their campaign platform. While there is no hint of a backbench revolt (no, seriously), Kady O’Malley nevertheless games out how such a revolt could bring down the government. Philippe Lagassé expands on his previous post to talk about how this whole Affair proves that our system of parliamentary accountability is actually working. My column assesses the state of play for Trudeau, and how his way out of this Affair is going to be extremely tough to achieve.

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Roundup: The Philpott extraction

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Because the government’s handling of the Double-Hyphen Affair (as I am now dubbing it) needed another bombshell, it came in the form of Treasury Board president Jane Philpott resigning, citing that she had lost confidence in the government over its handling of the Affair, and because she could no longer abide by the principles of Cabinet solidarity throughout it. It’s a rare resignation on principle, and one that causes no end of damage to Trudeau (and more importantly for his electoral chances, his brand). To lose of his most capable ministers is far harder to try and pretend is just a disagreement over semantics than he could with just Jody Wilson-Raybould off-side.

Trudeau, of course, shrugged it off at his event that evening, still showing no contrition, but he did deploy some lines about “encouraging disagreement and debate,” and that there was “important debate” about how the ministry conducts themselves, which could signal that more heads are about to roll. Maybe. But the Liberals continue to hurt themselves, as parliamentary secretary Steve MacKinnon went on the evening politics shows and made the tactical error of saying that SNC-Lavalin was entitled to a deferred prosecution agreement, because otherwise they were at a disadvantage to international competitors who were able to get such agreements form their own governments. The use of “entitled” set off everyone’s alarm bells, and one imagines he’ll be cringing about it for the next few weeks if this whole Affair carries on much longer.

For context, there have only been two – maybe three, depending – resignations on principle in recent history. Here’s a recap of Philpott’s time in politics.

In punditry, and of course there was no shortage of hot takes, Robert Hiltz wonders how much longer this whole Affair can keep going on, particularly if Trudeau keeps on his current path. Matt Gurney wishes the Liberals luck in spinning the departure (indeed, Trudeau basically shrugged it off), while Jen Gerson says that Trudeau’s handling of this Affair has turned it into an existential crisis for his government. Paul Wells takes it a step further, pairing this with the shenanigans going on in Queen’s Park with the firing of the deputy OPP commissioner, and wonders if the culture of respect for the rule of law is being eroded in this country, sacrificed at the altar of political expediency. (This after Wells also accused Trudeau of essentially being a phony, not governing in the way he presents himself to the world). Chantal Hébert ponders whether Trudeau is capable of raising his game after the past three weeks. Susan Delacourt points out that the way this has played out is so different from previous departures that it leaves Trudeau without any kind of guidebook, and makes the added observation that women are changing politics – but not in the way that Trudeau expected.

In advance of this all, however, Andrew Coyne penned another one of his missives about this Affair, decrying that the system hasn’t worked because it was up to one woman to keep the system intact. Philippe Lagassé pushes back against this particular depiction, and I’m Team Phil on this one.

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Roundup: A small shuffle

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The practical fallout from Jody Wilson-Raybould’s resignation played out with a minor Cabinet shuffle yesterday morning, but rather than simply picking another backbencher to slot into the veterans affairs portfolio, Justin Trudeau moved Lawrence MacAulay from agriculture to put him in veterans, moved Marie-Claude Bibeau from international development to agriculture, and gave the international development portfolio to Maryam Monsef in addition to her status of women portfolio. There are a couple of calculations here – MacAulay held the veterans file over twenty years ago, so he’s not completely new, and he’s someone who is running again and has held his seat forever, so he looks like a steady hand in the department (and as a bonus, the department headquarters is in Charlottetown, and he’s a PEI MP). Bibeau, meanwhile, gets the distinction of being the country’s first woman agriculture minister, but she herself pointed out that she’s from a rural Quebec riding with a lot of dairy farmers, and she knows their issues well, and that’s a constituency that this government is keen to placate after concessions made in TPP and New NAFTA. And Monsef? She’s got a track record of good work in the portfolio’s she’s held, and can handle the added responsibility, as well as it reinforce the whole “feminist foreign policy” line of the government (not that you’d know it from how they’re funding it, but whatever).

In other SNC-Lavalin/Wilson Raybould Affair news, the opposition parties demanded that Parliament be recalled next week to keep this issue going, but Trudeau refused (and it’s worth remembering that the justice committee will still be meeting over the constituency weeks). Former Conservative and NDP Attorneys General have also written to the RCMP to demand an investigation (no political interference here), while former Liberal ones say there’s no clear criminal case. New Attorney General David Lametti says he wasn’t aware that Wilson-Raybould had already made the decision on the SNC-Lavalin file when he took over the portfolio, and that he’s still getting all of the facts on the situation.

For context, here’s a profile of Wilson-Raybould’s former chief of staff, Jessica Prince. Here’s a look at whether the Ethics Commissioner can really look into the whole matter. Here’s a look at the government’s reconciliation agenda in the lens of Wilson-Raybould’s demotion and resignation, and why her Indigenous world-view may have informed her decision not to go ahead with insisting on a deferred prosecution agreement for SNC-Lavalin. Here’s a look back at the measures the Conservatives put in 13 years ago to separate the role of the Crown Prosecutor from the Department of Justice, creating the Public Prosecution Service, which was one of their measures when they rode in on the white horse of accountability. In light of Michael Wernick’s testimony, here’s a look back reforms Brian Mulroney made to the role of Clerk of the Privy Council, which may create untenable contradictions in his role. Here are five possible scenarios for the future of SNC-Lavalin if the trial goes ahead, which includes decamping for the UK, or a foreign takeover.

And for pundit comment, Chantal Hébert has four questions about the ongoing situation. Andrew Coyne is not convinced it’s time for a prime ministerial resignation or an RCMP investigation, but that a rethink of our governing culture nevertheless is what will ultimately be needed. My weekend column contemplates the damage to Brand Trudeau™ after the SNC-Lavalin/Wilson-Raybould Affair.

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Roundup: In the testimony’s aftermath

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Yesterday was the day for performative outrage, as the Conservatives demanded – and got – an “emergency debate” on their call for Justin Trudeau to resign. Of course, given the reality of how our parliament works these days, “debate” is a term to be used very loosely, and it was more like several late-night hours of stilted speeches being read to one another for the sake of looking tough. Woo. On the committee front, Gerald Butts offered to testify on his own behalf, which was accepted, and both Michael Wernick and the deputy minister of justice are on their way back for another round, though none of the other staffers mentioned by Wilson-Raybould are (though that is also because they shouldn’t appear before committee, under the doctrine of ministerial responsibility – it’s for ministers and deputy ministers as accountability officers to appear as they are responsible for them). Ministers of the Crown were also doing the media rounds, including Bill Morneau and Chrystia Freeland, and most of them were offering variations of the line that while they thought that Jody Wilson-Raybould was telling the truth as she saw it, they also believe the PM in that he would never be inappropriate or cross a line, which made most of the pundit class’ heads implode – never mind that the crux of this whole matter is that it’s a subjective test as to what kind of pressure is or is not appropriate. (On a related note, the Liberals really, really need to put Carla Qualtrough out more. She is easily one of the best communicators that they have in Cabinet, but she never gets out there enough on items other than Phoenix, which is too bad because they desperately need someone with her communications skills out in public). And we’ll see how this continues to play out in the caucus as well, given that the usual suspects are not remaining so silent, and the not-so-usual suspects have openly stated things like “sour grapes” (before being made to apologise).

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For context, here is a comparison between what Wilson-Raybould said, and what Michael Wernick testified before the committee. Here’s a look at whether the Ethics Commissioner really can get to the bottom of this whole mess. Here’s the who’s who of everyone Wilson-Raybould named in her testimony. Here’s a roundup of how the Quebec press is treating Wilson-Raybould’s testimony.

In punditry, Susan Delacourt looks at how nervous the Liberal caucus seems by this whole affair, and what that disaffection may be doing to the party in the longer term. Robert Hiltz suggests that Trudeau take a long, hard look at himself and his government, given what this situation has revealed about them. Chris Selley points out that the Liberal treatment of not being Stephen Harper as a virtue is going to be something that ends up costing them.

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