Further to my post on Thursday, see the excellent article by Adam Dodek, Dean of the Common Law section of the University of Ottawa Faculty of Law. The Globe and Mail published the article entitled “The impossible position: Canada’s attorney-general cannot be our justice minister” on February 22, 2019.
Dean Dodek provides the history of the existing two-hatted position, the background necessary to understand the context of the current “crisis,” and the need for Canada to adopt a new governmental structure like that in the United Kingdom. What he has to say accords with my own thoughts on this matter
In my view, at this stage in the ongoing saga, the Liberals could achieve the “solution” they need, both practically and politically, if they took advantage of the “new kind of politics” Jody Wilson-Raybould has brought to them, embraced her within the Liberal caucus where she properly belongs pending re-admission to Cabinet, and separated the Department of Justice and the Attorney-General, as both Wilson-Raybould and Dodek have recommended.
That would be a beneficial outcome of this very messy affair. It would cut through the ever-expanding witness list before the Justice Committee which, while fascinating for the inside dope it offers on how government works, is a colossal waste of time and money and cannot lead to a definitive finding, one way or the other. It would also undercut the partisan harping that the Opposition parties would undoubtedly like to continue until Election Day.
Once that initiative were taken, focus could shift to the ongoing court proceedings, and to the reports of the Justice Committee and the Ethics Commissioner when they are released. There could also be a calm discussion of the pros and cons of Deferred Prosecution Agreements in general, and of whether SNC-Lavalin should qualify for such an Agreement at some stage. Anything to reduce the inter-regional bad-mouthing, stereotypical name-calling, and credibility-bashing we’ve seen in recent weeks.
Such a reform would be a positive show of leadership on Trudeau’s part, and reverse the precipitous drop in his popularity caused by this affair. I, for one, don’t want the next federal election run by the Opposition on an “anti-Trudeau” campaign in the same vein as the “anti-Wynne” blitz which destroyed the Liberals in Ontario. There, the Tories ran a dubious leader with little political experience, no interest in policy, and offering no platform (except that offered by the social conservatives). Still, they won a majority government and defeated one of the most intelligent and policy-wise politicians ever seen in Canada. Trudeau may not be a Kathleen Wynne but his Cabinet has been replete with intelligent and talented politicians, such as Jody Wilson-Raybould, Chrystia Freeland and Jane Philpott. The country does not need a repeat of the Ontario experience at the federal level.