Ottawa should get back to business
The brouhaha in Ottawa over the legal case of SNC-Lavalin and the resignations of the former attorney general and the president of the treasury board illustrate a number of problems with politics and policy-making in Ottawa. We need to deal with these problems and then move on.
On the politics side, the efforts of the opposition parties and particularly the Conservatives to portray the
Liberals as having made a fundamental attack on our justice system are somewhat over the top. I believe Andrew Scheer saw this as a chance to score points against Prime Minister Justin Trudeau in an election year. He felt free to do so because most voters have no idea how government policy is made and he could tap into a vein of anti-Quebec feeling in western Canada and well as suspicion on the part of many voters about the integrity of major corporations.
He and his caucus put on a vituperative full court press that weakened the unity of the nation for short-term political gains.
The Liberals, and in particular the prime minister’s office, did a few dumb things themselves. They failed to have the PM talk directly with attorney general in early September, 2018 when the decision as to how to proceed with the SNC-Lavalin case was being decided by the head of prosecutions and the AG. And the PMO failed to document a case regarding the 9,000 jobs that are supposedly at stake, leaving themselves open to partisan attack on this point. The PMO may also have been overly concerned about the potential loss of a prestigious Quebec company. (SNC-Lavalin is not too big to fail.)
When it came to the cabinet shuffle occasioned by the resignation of Scott Brison, the PM chose Dr. Jane Philpott, one of his most able ministers, to fill that central position. In turn, he needed someone capable to fill Philpott’s old position and the choice was Jody Wilson-Raybould.
Unfortunately, his staff failed to point out her long-standing opposition to the Indian Act, the administration of which is a central responsibility of that post. They did not anticipate that she would turn down the position (and indeed turning down the PM when he asks you to do a job in cabinet is virtually unheard of). The PM then offered her veterans affairs which she decided to accept, resigning only a short time thereafter. Note that cabinet never discussed the question of how to treat SNC-Lavalin.
Two important conventions need to be pointed out here. The PM picks the cabinet and it is his choice alone. Say “no” and you usually do not ascend to or remain in cabinet. Second, cabinet is a team effort where all agree to support the decisions of the group. If you cannot, or if you do not agree with the PM, you resign (as did Philpott).
All ministers must abide by these rules for discipline to be maintained. Cabinet solidarity is fundamental to how the parliamentary system works. This means compromise and good leadership sensitive to the multitude of opinions around the cabinet table and the countless pressures from across the nation is required.
There has been a side issue raised by several commentators positing unfairness or insensitivity in the treatment of female ministers versus male ministers. There is limited utility in this discussion.
The overwhelming majority of Canadians welcome increased female participation in Parliament. It is changing time-honoured traditions for the better.
I am fortunate to have attended cabinet meetings in the days of Trudeau pere as a senior civil servant. I cannot recall ministers, male or female, being demeaned or ignored. The meetings were sometimes heated but always civil and all opinions were heard and considered.
Finally, splitting the role of AG and minister of justice as is done in the United Kingdom makes sense. I hope the next government of whatever stripe will do that. In the meantime, Ottawa should get back to business.