The legislative sprint for SNC Lavalin

Sometimes it is worthwhile to review a sequence of events.

As it relates to the SNC situation that we find our Country transfixed by - the discussion around the  deluge of lobbying by the company as they sat charged with serious criminal offences - has been somewhat vetted. 

Many have also talked about the fact that changes to the Criminal Code were buried in a Budget Bill. Most seem to find that inappropriate.

Obviously there are continued questions and escalating mistrust which will likely continue to haunt the PMO and Prime Minister Justin Trudeau - as long as there are no comments from Jody Wilson-Raybould.

This post however will review a surely impossible sequence of events that lead up to the tabled change to the Criminal Code within the Budget Bill.

Let's make this short. It will add to the call for investigative measures to take place regarding this SNC mess.

You've probably heard by now that Canadians were told that the government was considering Deferred Prosecution Agreements. The spin - partially true - was that the public could have commented on this idea. Let's say the MP's did not do a full court press to constituents on this very important matter. The MSM were not all aflutter with advising Canadians of this very important consultation process.

Putting that aside - the consultation took place between September 25th - December 08 2017.

The report on the consultations found (PRESS HERE) was dated February 22nd 2018. The report is a general summary of what was heard or submitted by participants, a copy of the questions given to participants to answer, and a paragraph at the end of report titles "Next Steps", The following is that paragraph: The Government of Canada will further review the feedback received and assess whether enhancements to the Integrity Regime are warranted to ensure that the Regime continues to achieve its objectives, is efficient in doing so, and addresses new trends and risks in a constantly changing marketplace. Feedback will also be used by the Government of Canada in considering the possibility of introducing a Canadian DPA regime as an additional tool for prosecutors, to be used in appropriate circumstances, to address corporate crime. (emphasis added)

Further the last paragraph reads: While this public consultation has ended, the Government of Canada remains committed to hearing from interested parties regarding both the Integrity Regime and DPAs.

So on February 22nd of 2018 the report for consideration - to be assessed and reviewed - and even to possibly continue to hear from other people was released. It could be reviewed by Canadians and Parliamentarians alike. Let's have a discussion kind of tone.

5 days later there is a Budget Bill presented to the House of Commons that included the changes to the Criminal Code on these matters.

The proposed law was written and presented to Parliament 5 days after the report is released for assessment, review, and even more invited commentary. 

Please take the time to think about that. In 5 short days 3 months of material and findings were reviewed - assessed - and already presented for passage of the Budget Bill.

Any reasonably minded person would conclude the proposed changes to the Criminal Code were already written before the report was released.

Any reasonably minded person knows that Criminal Code changes just don't happen that way or that fast.

The report does not allow Canadians to see who said what - and what exactly was being submitted. 

But lucky for Canadians - SNC Lavalin put its submission on their site.

Have a look at the report referenced above and then the changes to the Criminal Code (PRESS HERE)  and then decide who influenced our law.

Undue influence? Need to get the fix in place for SNC in a timely manner?

Next post will deal with the change in language from Deferred Prosecution Agreements to Remediation Agreements. Funny that when GM Butts resigned - he actually used the term Deferred Prosecution Agreements instead of Remediation Agreements - the latter of which is actually law. 









 

Wangersky's Wisdom Waning

Russell Wangersky should know better. He likes to wax poetic. He likes to believe that his columns are of intellectual value. His current column titled: 22 words with a very big bite is not intellectual but is naively romantic.

This is yet another example of Telegram employees giving a pass to politicians regarding Muskrat. 

Since Dwight Ball orated - to an elite corporate community - that his government will conduct a public inquiry on the boondoggle - Telegram employees have been joining in an attempt to calm the seas of public dissent. When I say joining - I don't mean collaborating - I mean they are buying the government spin.

His piece begins with the sentence: "The single dirtiest trick played on electrical customers in this province hasn’t hit home yet. But it will."

Wangersky's assumption that the Muskrat disaster is a dirty trick played on consumers is downplaying the obvious gross negligence, the continued and often deliberate obfuscation, the real engineering concerns, the failure of equipment before the project is even finished, the doubling of the budget, the unending changes to project completion dates, and the number of red flags that demand a forensic audit.  It also negates the real possibility of criminal negligence, fraud, and bribery. 

When the World Bank blacklisted SNC Lavalin and its subsidiaries in 2013 from "bidding on its global projects under its fraud and corruption policy" - while Wangersky proclaims "..dirtiest trick.." - is irresponsible. 

Muskrat Falls stinks to the high heavens - it must be stopped. How do we know that documents are not being shredded as we speak? 

There remains a number of executives at Nalcor who have been there since sanctioning. How is this even possible? How is it possible that we paid a king's ransom for Ed Martin? 

So when Wangersky describes this fiasco as a dirty trick - he brings to mind events like fooling a candidates supporters into showing up at the wrong location. This is not a dirty trick. 

The most offensive and irresponsible part of this column is his concluding thought: "It’s water over the dam. The money’s gone anyway. The best thing we can do is to learn from the mistake, allow for independent oversight and not step in a pile of crap like this again."

I can only conclude that this intelligent and thinking human being must be bored with Muskrat, be suffering writers block, or simply and inexplicably buying the Tobinesque spin delivered by Dwight Ball. 

Learn from this mistake? How? By suffering bankruptcy? It's water over the dam? How does Russell know what we would be responsible for if illegal activities were found during a forensic audit? How does Russell know that the assets could not be used for another deal? He doesn't know. 

The Upper Churchill is a fiasco because of the contractual and economic contracts. The Upper Churchill is significantly successful in it's construction. It was on time and on budget. It stands as one of the best hydro facilities in the world. 

So here's what we learned. What we did right in development of the Upper Churchill - on time and on budget - we completely reversed for Muskrat Falls. The stinging and gross minimal return for Newfoundland and Labrador on the Upper Churchill - we repeat for Muskrat. 

If you went back 20 years and said we are going to repeat the mistakes of Churchill Falls - politicians would have been politically lynched. 

Now that the main stream media in Newfoundland and Labrador have been exposed for their unquestioning support of Danny Williams Muskrat fiasco - the line is "water over the dam"? 

Let's watch the same media as they spin the lines of the current failed administration. Watch as they play dirty tricks and marginalize the critics of this continued boondoggle. Watch as they contort to explain that giving away Gull Island to Quebec is going to be a good thing. 

This Wangersky wisdom we can do without.

  

Frampton finds her Messiah - Media sees an exit

Hook line and sinker comes to mind with the flurry of media reporting positively on the announcement of a Public Inquiry into the Muskrat Falls debacle.

Ironically - they too are taken off the hook for the disastrous, corrupt, misleading, inefficient, and incompetent boondoggle.

Most media here in the province acted as a facilitator for all the Muskrat spin of the Tories and now that the "naysayers", "partisans", and "conspiracy theorists" have been proven right - the media - like the politicians just want it to go away.

The media are wearing a bit of this fiasco and it would be very convenient for them - to have those memories fade.

Was Tobin in for the dinner? Did he help out with this media spin farce? After all the 3 amigos are known for this type of thing.

In either case let's take a review. Pam Frampton's article ends with this sentence:    "All I can figure is that the 29 per cent who support Davis are the same misguided lot still waiting for Danny Williams to return as our one true messiah."  This follows Frampton's own headline, "Hallelujah — Muskrat Falls inquiry’s a go".

Handel would be proud. 

Frampton could have and should have mused about the venue for the announcement and the audience it was personally delivered to. 

The Muskrat frenzy continued in earnest - while chowing down the meal the latest Messiah had prepared for them. For them religion is money - the Messiah is the facilitator of the money - and the Hallelujah is the message that the money will continue. 

Frampton stayed away from the obvious - that is - this type of announcement on a situation that has all the potential of bankrupting the province should have been done in a public forum. 

Frampton then waded into the latest polls on the politico and marched right up on the pulpit and decreed that 29% of people who support Paul Davis must be the same "misguided" ones who supported Danny Williams. 

That is laughable - the "misguided" ones? Is that the percentage who supported Danny Williams - or was there a tremendous number of more "misguided" people at the time? You are making fun of them? 

I'd say it's a tad likely that the media were as enthralled with that Messiah as the "misguided" ones you speak of.

Frampton's jubilation regarding the reactionary - too little to late - non-detailed - Tobinesque announcement that happened to be given to an elite Muskrat skinned audience - is naive. It is not an acceptable response of a journalist, a political commentator, or a columnist.

There were so many questions that needed - no begged - to be asked.

1. Why is it too late to stop the project? - details please
2. Why not begin with a forensic audit? - details please
3. How does any of this protect the indigenous people? - details please
4. Why is the Premier using a political fundraiser to announce a Public Inquiry?
5. Why did the Premier change his mind on the timing of the Inquiry? details please
6. What are the plans with Gull Island and Quebec? details please
7. Why are you not stopping the project until Inquiry is complete - considering the continued and serious questions regarding the North Spur - and the potential to uncover corruption or fraudulent activity? details please

and so many more...

The fact that a significant number of Newfoundland and Labrador media fall in the category that Frampton calls "the misguided lot still waiting for Danny Williams to return as our one true messiah" - albeit more focused on the Galway messiah and Costco's second coming - demonstrates one reason as to why we are in this mess now.

Ball needed an exit, Frampton needed to believe that in some way her much too late need to question the Muskrat boondoggle - played some role in getting an Inquiry called, the Muskrat elite needed reassurance, and the media generally just want the past to go away.

Next up - James McLeod and his call to so-called naysayers, partisans, and conspiracy theorists to prove their love of Newfoundland and Labrador - followed by Wangersky's learn from our mistakes lecture.



 

Dwight's Muskrat Feast of deception

Last night was a spectacle to behold. Dwight Ball's Muskrat dinner was something to forget - if we could.

First let me thank some of the media for tweeting the latest Liberal Party function. Last night was a show of support for Dwight Ball by the party - thereby connecting themselves fully to his disastrous performance on the job.

From a media perspective - any journalist who is willing to portray that what the public (used to be naysayers, partisans, and conspiracy theorists) wants is an Inquiry is ignoring the so-called longstanding opposers to the project.

The indigenous people want the project to stop completely and they want specific material on the North Spur.

The longstanding opposers to the project want and are demanding a forensic audit now.

I believe most want the project to stop until an audit is complete so as the people can review all options for Muskrat Falls.

There is a strong belief that there is corruption, incompetence, straight up lies, hidden information, and incomplete data - regarding the project.

VOCM's question of the day - treats the public as if they got what they wanted with the announcement of an Inquiry. Then it encourages the public (based on that false assumption) to say what they want to find out from an Inquiry. Table #8 was Steele Hotels.

Then there is the permanent speaking note for Ball. "It's too late to stop it now". Then couched in - if I could I would tomorrow. Dwight Ball is just lying here. He uses Stan Marshall to back him up - so that he won't be responsible for that decision.

An Inquiry is going to review a project that will destroy us economically. An Inquiry is like reading a postmortem report. This is not what's going to get us out of this fiasco.

Next thing Ball's managers do is craft a little bit of we will get our way out of this through a new relationship with Quebec. In plain language - we are going cap in hand - completely vulnerable - to a savvy hydro giant to seek help. It means we are giving something else away. 

Unbelievably but yet so - the amateur drafter of the speech must have been told that Newfoundlanders and Labradorians are so gullible that if we throw in a Donald Trump reference - it will dissuade the discussion of looking at new political options. It must have taken Dwight's administrators some time to get him to understand how he could use the "specter" of "populism".

Finally let's look at the forum used to make such an announcement.  Ball did not look to the media for live air-time to talk to the people and present factual data on why the project cannot be stopped or why an Inquiry is better than a forensic audit. He did not use a live appearance to explain why doing a forensic audit now and then being guided by those results to look at options - one being an Inquiry is not the right choice..

So Ball decided - or it was decided for him (he does not make decisions) that a Liberal Party fundraiser was to become a de facto branch of government that can be used when necessary to conduct government business. This is not an issue for the party - it is an issue for the province and her people. This was a disrespectful, idiotic, arrogant and despicable choice of forum.

As $500 a plate meals were served to those thriving off Muskrat - Ball thought he was talking to the people? No he was simply reassuring the corporate elite that despite what the people want - the project would continue and a forensic audit would be avoided right now.

All in all this was a kick in the face to the people of Newfoundland and Labrador - and Ball does not mind being used to do this.

Dwight Ball lied last night. Dwight Ball lies all the time.

After he takes his knocks for this - the Party will present an alternative to his leadership - so they can carry on. 

As for Siobhon Coady - her absence from all these "decisions" is an attempt to preserve her for another term.

Why Dwight Ball is doing this? I'd have to really look at who he is indebted to and for what. I can assuredly and confidently tell you he is a liar.

Journalism dealt another blow by James McLeod

This morning - the Telegram has served up another waste of space by "journalist" James McLeod. Under the News section you'll see a story headlined; "Rumours swirl about PC leadership ahead of critical meeting Saturday".

The story begins by outlining rumours about who may seek the leadership of the Newfoundland and Labrador PC Party.

It quickly turns into another Liberal bashing through the bias pen of the reporter.

The subheading reads: "Throwing stones" In this paragraph McLeod talks about tweets by Liberals regarding the Tory delegate style convention. What it does not say - is there have been Tory tweets as well taking smacks at the Liberal convention style.

McLeod then adds that it is unclear what glass ceiling the Liberal party broke as they elected a middle-aged man. If McLeod is using a strict interpretation of glass ceiling - with feminist meaning - then I would suggest - the open leadership of the Liberal party allowed many thousands of women to vote for the next leader - without restriction of finance to attend a convention, without restriction of geography, and without restriction of conflicting commitments to job and family. If one were to use a more broad interpretation of glass ceiling  - where men and women could be included in the advancement - then obviously over 20,000 people voting in a leadership election for any party in our province - not only broke it but shattered it.

McLeod then says "it was the PC Party that first put a woman in the role of Premier". If James were actually producing news not spin - he might have opined that there were rumours of backroom deals to keep men interested in the role from running. It is also interesting that McLeod finds that anybody putting a woman anywhere is somehow breaking a glass ceiling.

The next subheading reads: "Delegates decide" - and in that paragraph McLeod paraphrases something allegedly said by PC Party President Sheahan. He said the Liberals were so thoroughly decimated — without active district associations, donors or membership lists — that they needed to use their leadership race to rebuild the mangled party.

Right of the top - this is an example of Tories once again taking smacks at the Liberal process and further ignores the obvious balance to that statement.

The Tories are probably using the delegate style convention because they have been decimated in the polls and must raise some excitement to rebuild the battered party. The rumours of so many people running may simply be a set-up by the PC's in an attempt to show artificial interest in the publicly admonished party. Names like Ottenheimer, Skinner, Manning, and Oram - Tory stalwarts not new blood - and a bunch of Cabinet Ministers positioning themselves to be a king/queen maker.

The other obvious thing here is that the PC's that McLeod says put the female Premier in office - are the same group that so obviously threw her out and the same bunch that are acting now like it was all Dunderdale's fault.

There are some real problems with much that McLeod reports on - but this one is Duffyesque and shows a real bias.