Private eye says PMO's chief of staff got it wrong: The transcript

Here's the rush transcript of a key moment in the two-hour testimony of Derrick Snowdy, private investigator, at the House of Commons Standing Committee on Government Operations and Estimates. (Note: Snowdy insisted on being sworn in before his testimony):

Alexendra Mendes (LPC, Brossard-La Prairie): I would like to ask you about your communications with the ethics commissioner. Who initiated those communications or those contacts?

Derrick Snowdy: I received a phone call at two o'clock in the afternoon on April 9th from —

Mendes: The same day you spoke with [Conservative Party of Canada] Mr. [Arthur] Hamilton the first time?

Snowdy: That's correct. I was actually — I actually broke a tooth the night of April 8th grinding my teeth watching the news. I got a phone call at two in the afternoon of the 9th from a man who identified himself as Mr. Eppo Maertens. He provided me with his name and telephone number. I was going into the dentist to have my tooth repaired and I told him I would phone him back. I made some preliminary inquiries. I tasked one of my assistants to find out who Mr. Maertens was and I was out of the dental chair at 3:30. I received a report back as to Mr. Maertens was and the fact that he was an employee of the ethics commissioner's office. And at four in afternoon I returned Mr. Maerten's phone call.

Mendes: And what was the theme of your discussions?

Snowdy: Mr. Maertens said to me that he had received a leter from Mr. Guy Giorno in the prime minister's office in which the letter indicated that I had made specific alegations and claims against a member of Parliament. I asked him if he would read me the letter. He put me on hold for minute and a half, came back and read to me a letter that said my name in it several times. It said Derrick Snowdy says this, Derrick Snowdy says that about the conduct of the minister. And I said no. I did not say that. No, sir I did not say that.

Mendes: Are you implying he lied?

Snowdy: Pardon me?

Mendes: Are you implying he lied?

Snowdy: Who lied, ma'am.

Mendes: Giorno. Who wrote the letter.

Snowdy: I've never seen the letter, ma'am. Mr. Maertens told me he had a letter from Mr. Giorno. That's what the letter stated. I said no, in fact I'd never spoken to Mr. Giorno. At that point in time Mr. Maertens said to me: well, it appears I don't have a complaint here. Thank you very much. Good-bye.

Mendes: And you've never had —

Snowdy: The entire conversation lasted a grand total of eight minutes and 35 seconds. I was on hold for a minute and a half of that. And when I got of the phone, I had a rather agitated phone call to [Conservative Party lawyer] Arthur Hamilton.

Mendes: You called him. And what was said in that conversation?

Snowdy: there were a number of profanities, and expressing —

Mendes: By whom to whom?

Snowdy: From me to Mr. Hamilton. I was not very happy with the characterization of that conversation and that context. and Mr. Hamilton was sympathetic to my call.

Here's our full story coming out of Snowdy's testimony:

Private investigator Derrick Snowdy said the Prime Minister's Office misrepresented allegations Snowdy made about the conduct of fired minister Helena Guergis and her husband, former MP Rahim Jaffer, in a letter the PMO sent to Parliament's ethics commissioner.
Canwest News Service has learned that Snowdy was the sole source of allegations that prompted Harper, on April 9, to fire Guergis from cabinet, kick her out of the Conservative caucus and call in the RCMP and the ethics commissioner to investigate Guergis' conduct.
A senior government official, however, says the prime minister was moved to fire Guergis for reasons beyond the informations Snowdy provided.
“Snowdy was the straw that broke the camel's back,” the official said.
In a remarkable moment during two hours of testimony Wednesday at the House of Commons government operations and estimates committee, Snowdy said the information the Prime Minister's Office passed on to the ethics commissioner was not an accurate reflection of the information that he gave Harper's closest advisers hours before Harper asked for and received Guergis' resignation.

[Read the rest]

Investigator calls Liberal Party Prez "getaway driver" for accused fraudster

Today at the Commons Standing Committee on Government Operations and Estimates, private investigator Derrick Snowdy said that Liberal party President Alfred Apps, a lawyer at Fasken Martineau, acted for accused fraudster Nazim Gillani. “Mr. Apps was the getaway driver for Mr. Gillani in a previous encounter,” Snowdy told the committee.

Within minutes, Fasken Martineau issued this statement:

Fasken Martineau, a leading international business law and litigation firm, made the following statement concerning comments made today before a House of Common's Committee. ‪In November 2006:
Mr. Nazim Gillani of International Strategic Investments approached Fasken Martineau through one its partners, Alfred Apps, in connection with legal advice/services for International Strategic Investments. Mr. Apps met with Mr. Gillani, received documents from Mr. Gillani and accepted a retainer cheque from Mr. Gillani.
Mr. Apps previously had no knowledge of, or acquaintance with, Mr. Gillani.
Very shortly thereafter, Fasken Martineau declined to act on behalf of International Strategic Investments. Mr. Apps so advised Mr. Gillani and returned the retainer to Mr. Gillani.
Fasken Martineau has had no professional dealings with Mr. Gillani or International Strategic Investments in the intervening period.

The deadly sinkhole; clarity in Britain; and a political brawl in Regina: Wednesday's A1 headlines and Parliamentary daybook

The deadly sinkhole; clarity in Britain; and a political brawl in Regina: Listen to my four-minute audio roundup of what's on the front pages of the country's newspapers plus highlights from Wednesday's Parliamentary daybook by clicking on the link below.

Listen!

You can also get these audio summaries automatically every day via podcast from iTunes or via an RSS feed by subscribing to my AudioBoo stream. Both the iTunes link and the RSS link are at my profile at AudioBoo.fm. Lookin the top right corner of the “Boos” box.

Ethan Gutman on China's spies and anti-freedom cybersecurity network

Exerpts from an interesting and slightly disturbing essay in World Affairs Journal by Ethan Gutman;

Before 1999, Falun Gong practitioners hadn't systematically used the Internet as an organizing tool. But now that they were isolated, fragmented, and searching for a way to organize and change government policy, they jumped online, employing code words, avoiding specifics, communicating in short bursts. But like a cat listening to mice squeak in a pitch-black house, the 'Internet Spying' section of the 6-10 Office could find their exact location. What emerged was a comprehensive database of people's personal information — including 6-10's Falun Gong lists — and a wraparound surveillance system that was quickly distributed to other provinces. The Chinese authorities called it the Golden Shield.”

I also talked to Chen Yonglin, who was a Chinese diplomat based at the Sydney consulate until 2005, when he suddenly requested protection from the Australian government. We met in a private home in the suburbs eighteen months later. Careful and media-savvy, Chen began by authenticating his point that there were a thousand or more Chinese agents on Australian soil and then went on to explain that the vast majority were employed not to go after military technology, but to monitor Falun Gong and other dissidents in the Chinese communities of Melbourne and Sydney.

Judging from the witnesses I interviewed in the United States, Canada, Australia, and the United Kingdom, these sorts of Chinese infiltration activities never met with any particular governmental or intelligence-operational resistance in the West. It was as if the battle for the Chinese diaspora had already been ceded. In the United States in particular, the intelligence community was clearly distracted by terrorism, and pacified by occasional Chinese military and intelligence cooperation on terrorist networks, even if the information given was sketchy and unclassifiable.

While I don’t use Gmail, Yahoo’s lawyers recently informed me that there had been a “rare” and “unusual” security breach into my e-mail account. That is consistent with the smash-and-grab of files in my car while I was interviewing Falun Gong practitioners in Montreal, and the questioning and forced deportation of my research assistant when he tried to enter Hong Kong. He was recently on a tour bus in Montreal with Falun Gong members who discovered that their tires had been carefully slashed to induce blowouts when the bus had reached highway speed.

[Read the whole piece]

Ignatieff says Harper a hypocrite on committment to press freedom

Liberal leader Michael Ignatieff is in Toronto right now giving a speech to the National Ethnic Press and Media Council of Canada, the same group that Prime Minister Stephen Harper spoke to last November:

Ignatieff's speech tonight included the following:

Let's be frank: some of our leaders say one thing about openness and transparency in opposition and another in power.

A year ago, the Prime Minister spoke to this Council. He said, and I quote:

“Our government does not tell journalists what to say or attempt to intimidate those with whom it disagrees. Instead, we believe strongly that Canadians' freedom is enhanced when journalists are free to pursue the truth, to shine light into dark corners, and to insist on the process of holding governments accountable.”

A few months later, he shut down Parliament.

His government has turned Access to Information into Denial of Information to the press and public alike.

He fought disclosure of documents relating to the Afghan detainee scandal until the Speaker ruled against him.

He leads the most secretive government in Canadian history.   

Last Monday, on World Press Freedom Day, a Conservative senator told groups that work for the rights of women in the poorest countries in the world to just “shut up”-that if they dare oppose the Conservative Party, they will be silenced.

The next day, 11 groups lost their funding.

We have to do politics differently. We will not follow Mr. Harper's example. We will not tell you one thing in opposition and another in government. We will not just talk about openness, we will practice it.

Taxpayers are covering legal bills for Conservative minister's aide

Sebastien Togneri is the director of parliamentary affairs to Christian Paradis, the minister of natural resources and, last week, won “most wanted” status by two House of Commons committees.

The House of Commons Government Operations and Estimates committee wants him to testify about how he urged meetings between Rahim Jaffer and departmental bureaucrats when his boss, Paradis, was minister of public works and goverment services. Meanwhile, the House of Commons Access to Information, Ethics, and Privacy committee had to compel him to testify last week via a subpoena about his role in trying to “unrelease” some records bureaucrats in PWGSC were about to give to a reporter who had made a request under the Access to Information act.

My experience with political aides is that, generally speaking, this is way too much spotlight for a staffer.

Thrust into the spotlight, Togneri did his best last week to scramble back into the shadows by providing singularly unhelpful answers to the questions put to him by opposition MPs. ( I suppose those MPs should have expected that to happen). Meanwhile, Togneri was very pleased to answer questions put to him by the Conservative MPs on the ethics committee most of which were along the lines of “Are you committed to accountability and transparency?”

But there was one question which made Togneri and other Conservatives squirm: Who paid for the lawyer which first advised Togneri not to testify and then sat beside throughout his testimony, whispering occasional advice to him?

BQ MP Eve-Mary Thai Thi Lac asked that question of Togneri. At first Togneri challenged the MP as to its relevance. That, of course, is not something witnesses do. As a witness, you answer the question. The committee and its chair will decide on the relevance of the answer. (Speaking of which, one spectacularly irrelevant exchange occurred when Conservative MP Pierre Poilievre spent 7 minutes or so asking Togneri about his career as a Parliamentary tour guide) Then, after consulting with his lawyer, Togneri said he did not have to answer Thi Lac's question because of solicitor-client privilege. I hope that wasn't legal advice he paid for because any law student will tell you that the privilege belongs to the client — i.e. Togneri — and as a result the client is free to say anything he wants about his relationship with his lawyer.

Now before I continue, I should note at this point that when Togneri was asked by several Conservative MPs if we was committed to transparency and accountability, he said he “Yes.”

Except, I guess, when it comes to answering “The taxpayers of Canada” when an MP asks him several times at a House of Commons committee who paid for his lawyer.

Finding out that it was, indeed, not Togneri but you and I paying for his lawyer took a long time. I asked Togneri myself after the meeting had concluded but he declined to say anything. One of his colleagues also refused to say but promised to get back to me later that day with an answer. And so, later that day, good to their word, Paradis' communications director Margaux Stastny called to say I would have to get the answer I was looking for from the media relations people at the Treasury Board and that, no, she could not give me the “yes or no” answer I was seeking to the question: Are taxpayers paying Togneri's legal bills?

So I phoned up and e-mailed Pierre-Alain Bujold, the media relations spokesperson, at Treasury Board.

Bujold responded promptly by providing me with a link to Treasury Board's Policy on Legal Assistance and Indemnification which was all very good and interesting but, as I replied to him, that really wasn't the answer to the question: Is the government paying Togneri's legal bills? To which Bujold replied: “The policy clearly sets forth the conditions under which legal assistance can be provided.” And so I was back to Stastny …

She called late in the day to apologize for the runaround and to tell me that, yes, Togneri's bills for the services of lawyer Jean-François Lecours were being paid by taxpayers.

Why is this such an important point?

Togneri has hired Lecours because Togneri is the subject of an investigation by Parliament's Information Commissioner who is investigating allegations that Togneri violated the Access to Information Act by interfering with the release of records requested under the Act. Opposition MPs — and the information commissioner, presumably — wanted to know why he did that? Was he acting independently? Was he acting on orders from Paradis or political aides in the PMO? In other words, will he try to take the fall for someone?

And so the question about who is paying for his lawyer is really a way of asking whose interests is that lawyer protecting? Is the lawyer acting in the best interests of Togneri or is the lawyer acting in the best interests of the government?

Taliban's Times Square connection; e-waste scandal; and plenty of politcal polls: Monday's A1 headlines and Parliamentary daybook

Taliban's Times Square connection; e-waste scandal; and plenty of politcal polls: Listen to my four-minute audio roundup of what's on the front pages of the country's newspapers plus highlights from Monday's Parliamentary daybook by clicking on the link below.

Listen!

You can also get these audio summaries automatically every day via podcast from iTunes or via an RSS feed by subscribing to my AudioBoo stream. Both the iTunes link and the RSS link are at my profile at AudioBoo.fm. Lookin the top right corner of the “Boos” box.

Off with their heads: A prime minister's most important power — the power to fire cabinet ministers

I was intrigued when I saw this piece in the latest issue of the British Journal of Political Science: “'Off With Their Heads': British Prime Ministers and the Power To Dismiss”. Given that Canada's system of government is very similar to Great Britain's, I wanted to see what this piece might tell me about Canadian prime ministers and their relationship to Canadian cabinets. I was further intrigued because the article summary notes that, in examining the practices of British prime ministers from MacMillan to Blair, Thatcher was the one who seemed to most easily fire cabinet minister. Canada's prime minister, Stephen Harper, and many in his cabinet are big fans of Thatcher. Indeed, when Harper made his first overseas trip in 2006, one of the first things he did up arriving in London, England, was to meet Thatcher. (Jason Kenney, then a lowly secretary of state, accompanied Harper on that visit with the baroness, if memory serves). If there is an ideological affinity between Thatcher and Harper, might there be something to learn from her relationship with cabinet about the way Harper interacts with his ministers?

Ideological affinities aside, Harper is dealing with a situation that is very different than Thatcher's: He leads a minority government and, as a result, cannot, it seems to me, be firing ministers at every whim. Indeed, in four years in government, the only cabinet minister to be fired is Helena Guergis and what she did was so offensive to Harper, Harper not only fired her but he called in the cops, becoming the first Canadian prime minister in nearly 25 years to call the police on a member of his own cabinet.

Harper, in fact, has been exceedingly loyal to those he has appointed to cabinet with the following exceptions:

  • Maxime Bernier resigned as Foreign Affairs Ministers after leaving top-secret documents at his girlfriend's house. He's still out.
  • Gary Lunn was demoted from Natural Resources Minister down to Minister of State for Sport after the 2008 election.
  • Gordon O'Connor, a former general, went from Defence Minister to chief government whip, a demotion attributed to O'Connor's inability to finesse communications about the Afghan detainee issue.
  • Lisa Raitt lost Natural Resources in the most recent cabinet shuffle, moving to Labour, a secondary portfolio in Human Resources and Social Development Canada.
  • Rona Ambrose was demoted from the job of Environment Minister to Intergovernmental Affairs but the gradually promoted back up the cabinet chain, to Labour Minister and now to Public Works Minister.
  • Greg Thompson (Veterans Affairs) and Carol Skelton (Revenue) both resigned their positions in cabinet but continued to sit as MPs when they announced their retirement from politics.

With that preamble — here's some excepts pulled from the article:

Extract: The British prime minister’s power to appoint and dismiss ministers is probably his most important single power. This article explores how prime ministers from Macmillan to Blair have used that power. The article considers the criteria that prime ministers use when choosing to appoint or dismiss individuals from office before examining the calculations and miscalculations that prime ministers have made in practice. Finally, the article analyses the way that prime ministers have exercised, in particular, their power to dismiss and finds that Thatcher was far more likely than others to sack cabinet colleagues on ideological or policy grounds. The article emphasizes that prime ministers’ relationships with especially powerful ministers – ‘big beasts of the jungle’ – are crucial to an understanding of British government at the top.

[From article]…in Austria, ‘the Chancellor’s power of nomination is restricted, as one of the principles of the Austrian coalition government is that each party has full autonomy in the selection of its cabinet members’.7 The same has historically been the case in such countries as the Netherlands, Denmark and Finland and even in France and Germany when the incumbent administration in one or other of those two countries has depended for its parliamentary majority on more than one party. Until recently, the Australian Labor party (ALP) and the New Zealand Labour party excluded the prime minister entirely from the selection process: the two parties’ parliamentary caucuses elected all the members of the ALP and New Zealand Labour party cabinets. In 2007, however, Australia’s newly elected Labor prime minister, Kevin Rudd, broke with tradition and chose his own cabinet.8 Moreover, whereas British prime ministers, like American presidents, take for granted their power to dismiss ministers from their cabinet, heads of government in many other countries are afforded no such luxury.

…. the prime minister’s power of appointment and dismissal is almost certainly even more significant now than it was a century ago or even half a century ago. In the first place, governments are now larger than they used to be, with the prime minister having more posts to fill – and, of course, to empty. Gordon Brown appointed seventy-five House of Commons ministers in June 2007 compared with Ramsay MacDonald’s thirty-eight in 1929 and Harold Macmillan’s fifty-four as recently as 1957.14 In the second place, the incidence of career politicians – men and women who are not content to remain on the back benches but aspire to ministerial office – is almost certainly higher now than it was in previous generations.

It would be impossible to investigate in any detail prime ministers’ reasons for sacking junior ministers: the sheer number of such dismissals has been very large, and in most cases the reasons underlying them were at the time, and remain, wholly obscure . . .

The study's authors, Anthony King and Nicholas Allen, find, in the period 1957-2007, that there were 131 cabinet ministers who departed cabinet “for reasons other than their political party’s loss of a general election, the loss of their own seat in the House of Commons or death.”
They then trawled through the political biographies, memoirs, and contemporary press accounts to determine the reasons each of those departures and conclude, after that review, that there was “a total of 87 occasions when we believe the individual in question was dismissed outright, resigned pre-emptively or else was constructively dismissed.”
After analyzing this data, the author's conclude:

The average number of dismissals from the cabinet, as distinct from departures on other grounds, has also tended to increase. Thatcher dismissed her colleagues at the same high rate as Macmillan and Wilson (during the first of his two premierships); and both Major and Blair, year on year, dismissed more of their colleagues than any of their post-1957 predecessors. It would seem that in recent decades British politics at the top has become somewhat tougher and more turbulent than in the past. The explanation probably lies in some compound of prime ministers’ increased ruthlessness and the inability of a gradually increasing number of ministers to meet the demands that the prime minister, the media and their sheer administrative workloads place upon them.

Nonetheless, Margaret Thatcher stands out, when it comes to her propensity for firing cabinet ministers, not from a quantitative point-of-view but from a qualitative point-of-view:

…she sacked twice as many cabinet ministers on policy-related grounds as all of her post-1957 predecessors and successors put together; and she sacked almost as many cabinet ministers on policy-related grounds as on grounds of incompetence, age, scandal or whatever. She did not axe ministers at a significantly higher rate than several other prime ministers in our study, but she axed far more of them because, quite simply, they disagreed with her and she with them. Her behaviour reflected both the ideological divisions within the Conservative party during her time and her own determination, as she famously put it, ‘to have togetherness’: ‘As Prime Minister, I could not waste time having internal arguments.’ Had she wasted time having internal arguments, it is at least arguable that she would not have accomplished as much as she did from her point of view.

And then there is this delightful section from the authors, who conclude that, in any event: Sacking a minister is often not the big deal with the electorate that it is with the political class and political journalists. (In fact, thinking only of Harper, his sacking of Guergis, and the current federal cabinet, this paragraph feels broadly correct to me, as well)

Most cabinet ministers, it must be said, are expendable, and both the prime minister and the ministers in question know it. Despite their formal eminence and large motor cars, most ministers, even cabinet ministers, are relatively small creatures – gerbils, so to speak – in the political jungle. Their departure from office is likely to be agonizing for themselves, and, if their personal relations have been close, the business of sacking them may even be agonizing for the man or woman who sacks them. But otherwise nobody much notices. Most cabinet ministers’ governmental competence is unremarkable and unlikely to be any greater than that of whoever succeeds them. Their political utility is likely to be minimal or non-existent. Their presentational skills are also likely to be unremarkable, and most of those who are inclined to disagree with the prime minister on policy matters usually keep their mouths shut; and, whether or not they do that, they are very likely – for the reasons just given – to be eminently dismissible from the prime minister’s point of view.

Now that is what the author's think of most cabinet ministers, but not all. A select group they refer to as the “big beasts of the jungle”, cabinet ministers to whom any prime minister must give careful consideration because of the political influence and following that these “big beasts” have that is not due simply to their position in cabinet or relationship to the prime minister. In the Canadian context, Paul Martin was clearly the “big beast” in the cabinets of Jean Chretien just as, the study's authors note, that Gordon Brown was a “big beast” in Tony Blair's cabinet.
And, in a long section closing their paper, they make what, to me at least, a convincing argument that the presence and importance of the “big beasts” in cabinets of the British prime ministers is a reasonable counter-argument to those who believe British politics is become more presidential or republican.

It is, of course, possible that occasional future prime ministers will, for all or parts of their premierships, not have to accommodate big beasts, but the concatenations of circumstances that produce such situations seem likely to be rare. In short, we are on the side of those students of Britain’s ‘core executive’ who maintain that British government at the top comprises a set of relationships of mutual dependence and is far from being monocratic in character. In the words of Martin J. Smith, ‘British government is not prime ministerial government or cabinet government. Cabinets and prime ministers act within the context of mutual dependence based on the exchange of resources with each other and with other actors and institutions within the core executive.’62 We would only add the obvious point that some cabinet ministers have significantly more resources than others, by virtue of who they are, not merely by virtue of the offices they hold.

Uncertainty in Britain; fired in Quebec; a plea for Tommy Douglas: Friday's A1 headlines and Parliamentary daybook

Uncertainty in Britain; fired in Quebec; a plea for Tommy Douglas: Listen to my four-minute audio roundup of what's on the front pages of the country's newspapers plus highlights from Wednesday's Parliamentary daybook by clicking on the link below.

Listen!
You can also get these audio summaries automatically every day via podcast from iTunes or via an RSS feed by subscribing to my AudioBoo stream. Both the iTunes link and the RSS link are at my profile at AudioBoo.fm. Lookin the top right corner of the “Boos” box.

Ministers say they've got no Jaffer docs; department backs that claim

Yesterday, I noted some apparent contradictions in responses provided by Ministers Christian Paradis and Lisa Raitt to requests for records about the Jaffer affair made of them by the House of Commons Standing Committee on Government Operations and Estimates.

Paradis is the Minister of Natural Resources and Raitt is his predecessor in that portfolio.

The committee wanted any Jaffer-related records over a period of time that bridged both their tenures.

The ministers asked the department to look for any records to satisfy the committee's request and replied that no records could be found.

Meanwhile, the Opposition Leaders Office had filed an Access to Information Request asking for something similar but not identical. The Liberals have yet to receive any records through their ATI request but they did receive what's called an extension notice in the ATI trade and, in that notice, the ATI officers in the department of natural resources note that records have been found.

So there's the contradiction: If the ministers say they could identify no records but the bureaucrats in the ATI section say they've found them, what gives?

While neither minister responded to my request to clarify — indeed, Paradis literally swatted me aside as I tried to ask him about it on his way in the House of Commons yesterday — a departmental spokesman, Micheline Joanise, has provided what seems to me to be a reasonable explanation for the apparent discrepancy. What the deparment has found, Joanise, are records related to Glemaud and that's because, for a period of time that's covered by the Liberal ATI request, Glemaud was, for all intents and purposes, an employee of the department. Glemaud was technically a Justice Department lawyer but he was on loan to NRCan to work on some 'green' files.

The documents contained in the [Liberal] Access to Information request ONLY pertain to Patrick Glemaud's role as Department of Justice Legal Council and the work he did with NRCan as a public servant,” Joanisse writes. “The documents DO NOT pertain to Green Power Energy Generation Corp. or Rahim Jaffer.

“The documents that were retrieved either originated at another department (Department of Justice) or are of interest to another department (Department of Foreign Affairs).

“As is the normal process under Access To Information, these other departments are consulted for their perspective prior to the records being released. Departments are entitled to an extension of the 30 day deadline in order to complete these consultations. NRCan will respond to the request as soon as the other organizations have responded.”

The department's ATI coordinator has told the Liberals it could take 120 days to get all those consultations done — DFAIT is one of the slowest departments in all government when it comes to responding to these consultation requests — and then we'll see what Glemaud was up to at NRCan, while he was working there.