Following an explosive morning at the justice committee, QP got underway without any of the major leaders in attendance. That left Lisa Raitt to lead off, asking if the prime minister asked David Lametti to leave the room when Wilson-Raybould addressed Cabinet on Tuesday. Lametti first accused Raitt of cherry-picking the testimony, and said that since Clerk of the Pricy Council, Michael Wernick, released him from Cabinet confidence he recused himself of his own volition. Raitt asked why Trudeau met with Wilson-Raybould after the Director of Public Prosecutions made a decision on SNC-Lavalin, to which Bardish Chagger read that it was confirmed verbally and in writing that Wilson-Raybould was not being directed on the file. Raitt went through the timeline, and accused Wernick of pressuring Wilson-Raybould, to which Chagger read out about Raitt’s own meetings with SNC-Lavalin. Alain Rayes took over and re-asked in French why Trudeau had the meeting with Wilson-Raybould, and Chagger read that they need to respect the independence of committees. Rayes tried again, and Chagger read out Wernick’s assurances that the kinds of discussions that Trudeau and Wilson-Raybould had were perfectly appropriate. Alexandre Boulerice led off for the NDP, and he demanded that Wilson-Raybould be allowed to speak, and Lametti assured him that the issue was complex but they too wanted to ensure she could speak. Boulerice asked if Trudeau’s meeting with Wilson-Raybould was to change her mind, and Chagger stood up to remind him that the NDP leader also met with SNC-Lavalin, and that the government respects the legal system. Nathan Cullen stood up to repeat the allegations in the Globe and Mail that Wilson-Raybould told Cabinet she was pressured, to which Chagger reminded him that committees are independent and should do their job. Cullen railed about the government not caring about employees and pensioners, to which Chagger praised the Ethics Commissioner and the government’s record.
Tag Archives: SNC-Lavalin
Roundup: No inquiry (for now)
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.
My comments on today's opposition motion. #cdnpolihttps://t.co/FPJLxGilSv pic.twitter.com/7wi3KjChGe
— Nate Erskine-Smith (@beynate) February 20, 2019
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.
QP: Scheer on repeat
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.
Roundup: Wilson-Raybould emerges, is “proud”
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.
QP: On Butts and Wilson-Raybould
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.