Trudeau takes the stand

A daily look inside Canadian politics and power.

Nov 25, 2022 View in browser   By Nick Taylor-Vaisey , Maura Forrest and Zi-Ann Lum Welcome to Ottawa Playbook. We're all here. Today is the day. In other news, we put the government's climate adaptation plans to the Ctrl+F test. And we have an update on the story Maura Forrest first broke on the RCMP's use of spyware. DRIVING THE DAY Prime Minister Trudeau in Ottawa on Thursday. | Adrian Wyld / The Canadian Press THE EDGE OF FARCE — Hands up if this was on your 2022 BINGO card: a lawyer representing the organizers of a convoy that occupied downtown Ottawa for nearly a month facing off against the same prime minister who invoked never-used emergency powers meant to shut down the occupation. Yeah, we didn't think so. BRENDAN MILLER vs. JUSTIN TRUDEAU is the showdown of the century for anti-government internet types who believed the convoy was a righteous cause. Not since an amateur boxer-slash-senator named PATRICK BRAZEAU walked into a literal boxing ring with Trudeau in 2012 has EZRA LEVANT likely been this excited about a scrap. Convoy supporters will rally outside the Library and Archives Canada HQ on Wellington Street. They'll likely pack the public gallery in the hearing room. They'll sit several feet away from a man they detest. It'll feel surreal. — The conspiracy sideshow: Miller has repeatedly questioned Cabinet ministers about a crackpot theory that a government plant posed as an agent provocateur carrying a Nazi flag. In fact, the man he accuses is actually a PIERRE POILIEVRE supporter who works at a Toronto public affairs firm — and says he hasn't visited Ottawa since 2019. The firm is suing Miller. Justice PAUL ROULEAU issued a ruling that eviscerated Miller's claim, explaining it has "absolutely no basis in fact, and is reckless." Miller tiptoed into the material Thursday when he questioned Deputy PM CHRYSTIA FREELAND. The minister didn't reply, but even before she had the opportunity Miller ghosted from his dais. He hasn't backed down from the allegations. He even chased an Ottawa GR guy down a hallway after mistakenly identifying him as the man he claims carried a Nazi flag. Spoiler: It was a case of mistaken identity. Will Miller try to revive his allegations when Trudeau takes the stand? Or will he shift focus? One thing is certain: This lawyer is never a dull moment. — Serious questions: Of Trudeau, we have a few. Various officials have cited a confidential Department of Justice legal opinion that contributed to Cabinet's decision to invoke the Emergencies Act in February. But whenever a lawyer has asked for more detail, witnesses have hidden behind solicitor-client privilege. Justice Minister DAVID LAMETTI frostily reminded commission senior counsel GORDON CAMERON that solicitor-client privilege is a "quasi-constitutional right." Cameron tried and failed repeatedly to gain insight into the secret opinion. "We have throughout, from the beginning of this proceeding through to now, attempted to find a way to lift the veil that has made such a black box of what has turned out to be a central issue," he said. "We just regret that it ends up being an absence of transparency on the part of the government in this proceeding." — The final shot: The government is unlikely to waive solicitor-client privilege before the prime minister takes the stand, but Trudeau is the last chance for every party with standing to hear his case for invoking emergency powers. Buckle up. Keep an eye on the Canadian Civil Liberties Association, which remains unconvinced that trade-snarling border blockades were grounds for invocation. "The CCLA has said all along that 'economic harm' is not grounds for the invocation of the Emergencies Act. The Emergencies Act and the CSIS Act do not contemplate economic harm as a national emergency," the org noted in a Thursday news release. "With just one day of testimony left, the government is running out of time to prove it met the high burden of invoking the Emergencies Act." — En français: Le Devoir's MARIE VASTEL reports that Trudeau will deliver testimony in French whenever possible . The commission has been conducted almost entirely in English, Vastel did the math on Cabinet ministers. They uttered a combined 20 sentences in more than 22 hours of testimony. Pages from the notebook of Brian Clow. | Handout. — Overheard at Thursday's testimony: "What would we do without BRIAN CLOW's notes?" That was commission co-lead counsel SHANTONA CHAUDHURY's quip as she guided Clow, deputy chief of staff to Trudeau, through detailed chicken scratch he occasionally deciphered for the room. WHITE HOUSE ON THE LINE — "I could see for the first time this amber light flashing," Finance Minister CHRYSTIA FREELAND told the inquiry in Thursday testimony. She was talking about major alarm bells ringing south of the border. And phones in Ottawa ringing as a result. Freeland told the inquiry about a Feb. 10 phone call from BRIAN DEESE, JOE BIDEN's top economic adviser. "They are very, very, very worried," Freeland wrote in an email to her staff. "If this is not sorted out in the next 12 hours, all of their northeastern car plants will shut down." The minister worried Canada was "in the process of doing long-term and possibly irreparable harm to our trading relationship with the United States." She asked Deese if he could arrange a phone call between Biden and Trudeau. He would "try to make it happen," she wrote to staff. — POTUS calls the PM: Trudeau's deputy chief of staff, BRIAN CLOW , helped coordinate the Trudeau-Biden discussion, which took place on Feb. 11. He followed up with Freeland. "POTUS was quite constructive," wrote Clow. "There was no lecturing. Biden immediately agreed this is a shared problem." Clow's text said Trudeau spoke with the president about American influence on the Canadian blockades, including "money, people, and political/media support." — For the record: Official readouts offered fewer details. More on all of this from NICK TAYLOR-VAISEY.  WHAT THEY REALLY THOUGHT — This week at the inquiry has given Canadians a rare glimpse at the unvarnished thoughts of senior members of a government that usually sticks very close to its talking points. Will federal ministers ever again exchange text messages with the same impunity? Who knows! But hey — we have it on record that DAVID LAMETTI once called PETER SLOLY incompetent. And that MARCO MENDICINO joked about having tanks roll into downtown Ottawa. And that OMAR ALGHABRA called JASON KENNEY bonkers. So next time one of them is droning on about moving forward in the coming days and weeks with a strategic framework to move in lockstep with our allies on shared priorities — just remember this week, take a deep breath, and smile. For more on this week in text messages, read POLITICO's full story here . Related reading: What to expect when Trudeau testifies (RACHEL GILMORE);  Don't bet on the Emergencies Act inquiry hurting Trudeau (LAWRENCE MARTIN); Freeland's fears of the Freedom Convoy weren't out of line, but the response still was (JOHN IVISON).  Did someone forward Ottawa Playbook your way? Click here to sign up for your own edition. It's free! For your radar SPYWARE UPDATE — Surprise! Other things beside the Emergencies Act inquiry are also happening this week! Here is one such thing. On Wednesday, the House of Commons ethics committee tabled its report on the RCMP's use of spyware — or on-device investigative tools, as the police force ever-so-succinctly calls them. In a nutshell, the committee wants the government to make several changes to the Privacy Act, including one that would require privacy impact assessments for the use of such "high-risk technological tools." The report, which received all-party support, also says Ottawa should create a list of banned spyware vendors and set export controls for surveillance technologies. But it doesn't recommend a moratorium on the use of spyware by police. Read POLITICO's full story here. — Quick recall: The committee study was launched after POLITICO revealed in June that the RCMP had admitted to using spyware for covert surveillance. The RCMP has the ability to intercept text messages, emails, photos, videos and other information from cellphones and laptops, and to remotely turn on a device's camera and microphone. RCMP officials told the ethics committee that spyware had been used in 32 investigations since 2017, targeting 49 devices. They also revealed the agency has been using similar technology as far back as 2002. The RCMP had not alerted the federal privacy watchdog to its use of spyware. The committee says it should be an "explicit obligation" for government agencies to conduct privacy impact assessments and submit them to the privacy commissioner before using such tools. — Surprise, surprise: Most committee members noted "the lack of cooperation shown by the RCMP in this study," and said they were "not satisfied" with the agency's responses. For one thing, the RCMP has not revealed what type of spyware it uses, though the police force has confirmed it does not use controversial Pegasus software from Israeli firm NSO Group. NEW BUCKS TO GIVE — Emergency Preparedness Minister BILL BLAIR chose St. Peters Bay, Prince Edward Island, as the place to launch the government's climate adaptation strategy — Canada's first. Fiona hit P.E.I. hard. September's post-tropical storm left some residents and businesses without power for three weeks. — What's new: C$1.6 billion in new federal funding over five years. The money is intended to help finance a suite of measures including upgrades for buildings and municipal infrastructure. The government is also prioritizing natural ecosystems to gird against the increasing frequency of extreme weather events related to climate change. Putting a price tag on measures today to protect against events that have yet to happen is tricky business in politics. The plan cites a money-saving argument from the Canadian Climate Institute that suggests "every C$1 spent on adaptation measures can result in C$13-C$15 in total benefits." Blair sidestepped a question asking if he believes C$1.6 billion is enough. "Notwithstanding our best efforts, there will still be floods, there will still be wildfires, we'll still have heat events," he said. "This is about helping the country adapt to the new reality of climate change." — The Ctrl+F test: "Adaptation" is used 261 times. "Mitigation" shows up in six places. The government pledged to update its national adaptation strategy "and accompanying action plans" every five years. Its release comes shortly before the start of the United Nations biodiversity conference in Montreal Dec. 7. TODAY'S HIGHLIGHTS Prime Minister JUSTIN TRUDEAU will testify at the Public Order Emergency Commission starting at 9:30 a.m. Deputy Prime Minister CHRYSTIA FREELAND has private meetings on her itinerary. 9 a.m. Health Minister JEAN-YVES DUCLOS and health officials will provide an update on Covid-19. WHO'S UP, WHO'S DOWN Who's up: ELIZABETH MAY, who proved that absence really does make the heart grow fonder. Who's down: Alberta's Heritage Trust Fund, by C$2.1 billion. As CTV reports, the province is scaling back the contributions it committed to in the last provincial budget. MEDIA ROOM — The CBC's JASON MARKUSOFF considers Alberta Premier DANIELLE SMITH, pundit turned premier, and her attempt to move on from her opinionated past. — CBC's Fifth Estate reports: How fallout from top secret documents found at Trump's Mar-a-Lago resort could affect Canada. — BOB RAE, Canada's ambassador to the U.N., is the latest guest on the No Nonsense pod.  — Here's ANDREW COYNE at the top of his most recent column: "Canadian democracy has been in such an advanced state of decline for so long that it no longer seems as if anyone even notices. Parliament barely meets any more. The government passes half its agenda in a single omnibus bill, with scant hours for what passes for debate. MPs are programmed voting machines. Even cabinet ministers have been reduced to running errands for the Prime Minister — or rather, for the Prime Minister's staff." — POLITICO's DEREK ROBERTSON writes: ELON MUSK's twist on tech libertarianism is blowing up on Twitter. PROZONE For POLITICO Pro subscribers, catch up to our latest policy newsletter. Chinese tech giant scaling back in Brussels, Paris and London. | Sean Gallup/Getty Images In other news for subscribers: — How Washington chased Huawei out of Europe. — Canada warns EU deforestation rules will cause 'significant trade barriers.' — Measles is back and the Covid pandemic is to blame, CDC and WHO say. — Dream homes and disasters: Is the government ready to confront climate risk? — Canada to impose carbon tax on three Atlantic provinces. PLAYBOOKERS Birthdays: HBD to TYLER BRÛLÉ. HBD + 1 to STEWART REYNOLDS, aka BRITTLESTAR. Celebrating Saturday: Ontario Education Minister STEPHEN LECCE, Former Toronto councilor MIKE LAYTON … NDP MP CAROL HUGHES. Celebrating Sunday: Former diplomat COLIN ROBERTSON and former deputy PM SHEILA COPPS, who is 70. Send birthdays to ottawaplaybook@politico.com . Arrivals: ABIGAIL BIMMAN is celebrating a "new assignment." Spotted: EVAN SOLOMON basked in a Wednesday night going-away party at the Met. The former CTV host's next step is GZERO Media, the news-gathering arm of Eurasia Group. In a speech notable for a lack of brevity, Solomon lightly roasted Public Safety Minister MARCO MENDICINO at the back of the room. He also made a few jokes about art. IYKYK. Transport Minister OMAR ALGHABRA found his way to the back of the bar mere minutes after wrapping up testimony at the Rouleau Commission down the street. Solomon's farewell speech included a poem that namechecked many of the journalists within earshot — shoutout to Team POLITICO included. Also in the room: Retired Navy man MARK NORMAN, retired CTV legend CRAIG OLIVER, future CTV host VASSY KAPELOS, former Trudeau confidant GERRY BUTTS, and the typical mix of journalists, lobbyists and staffers who can't resist free drinks and finger food. Toronto Star newshound TONDA MACCHARLES outlasted your Playbook host and still managed to beat him to the Rouleau Commission media room the following morning. Movers and shakers: Former Bloomberg bureau chief THEO ARGITIS is joining Compass Rose as managing director. "Theo has built an enduring reputation for integrity, accuracy, insight and delivery," firm founder JACQUIE LAROCQUE said in a release announcing the score. Media mentions: JORDAN BITOVE will take ownership of the Toronto Star … MARYAM SHAH is joining the Globe's audience team. … MICKEY DJURIC is the latest addition to CP's Ottawa bureau … HOLLY MCKENZIE-SUTTER has joined Bloomberg … KASIA MYCHAJLOWYCZ has a new gig at the Globe: special projects producer.  On the Hill — Find the latest House committee meetings here . — Keep track of Senate committees here . 8:45 a.m. JACQUELINE O'NEILL, Canada's ambassador for women, peace and security, will lead witnesses at the House subcommittee on international human rights, which is studying the rights of women globally. 8:45 a.m. The House Special Joint Committee on Medical Assistance in Dying continues statutory review of the Criminal Code.  1 p.m. The House committee on fisheries and oceans will hear from the Fisheries Council of Canada, Maritime Fishermen's Union and others as it studies the impacts of climate change. 1 p.m. The House committee on citizenship and immigration is studying conditions faced by asylum seekers and will hear from the Canada Border Services Agency, Immigration and Refugee Board, the Royal Canadian Mounted Police and others. 1 p.m. The Canadian Environmental Law Association, the Mining Association of Canada and others will be at the House environment committee as it studies Bill S-5. 1 p.m. Canadian Labour Congress, Canadian Nuclear Association, Clean Energy Canada and World Energy GH2 will be at the House international trade committee to discuss potential trade impacts of the Inflation Reduction Act. 1 p.m. With clause-by-clause consideration of Bill C-18 underway, department officials will be at the House heritage committee. 1 p.m. The House public accounts committee will hear from Auditor General KAREN HOGAN and officials from the department of Indigenous services on the AG's reports.  TRIVIA Wednesday's answer: It was JANE PHILPOTT who observed: "For every nasty thing that's said, there are 10 others who take note of what you are saying, who listen. That compensates for the harsh, cruel things that get said." Props to BRAM ABRAMSON and ROBERT MCDOUGALL.  Friday's question: In which downtown Ottawa building are pillars adorned with this golden tile pattern? Today's trivia question: Where is this? Send your answer to ottawaplaybook@politico.com Playbook wouldn't happen: Without Luiza Ch. Savage and Sue Allan. Want to grab the attention of movers and shakers on Parliament Hill? Want your brand in front of a key audience of Ottawa influencers? Playbook can help. Contact Jesse Shapiro to find out how: jshapiro@politico.com   Follow us on Twitter Nick Taylor-Vaisey @TaylorVaisey Sue Allan @susan_allan Maura Forrest @MauraForrest Zi-Ann Lum @ziannlum POLITICO Canada @politicoottawa   Subscribe to the POLITICO Playbook family Playbook  |  Playbook PM  |  California Playbook  |  Florida Playbook  |  Illinois Playbook  |  Massachusetts Playbook  |  New Jersey Playbook  |  New York Playbook  |  Ottawa Playbook  |  Brussels Playbook  |  London Playbook View all our political and policy newsletters Follow us

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