November 22, 2007

A public inquiry? Heaven forbid.

A spectre is haunting Ottawa, the spectre of … a public inquiry. At last, after nearly twenty years, we may finally start to get some answers in the Airbus affair, and the press gallery is properly horrified. A public inquiry? Are you mad? It will take forever. It will cost millions. It will quickly turn into a circus, dragging good names through the mud in a chaos of charge and counter-charge that can only have one result: increased public cynicism about politics....

Why, no less an authority than Jean Chretien has weighed in against it. “It's not the best way to solve problems,” Chretien told reporters at a Montreal book signing last week. “We have police for these things.” Well of course we do. For example, after the president of the federal Business Development Bank sought to foreclose on a loan Chretien had personally demanded for a friend and former business partner in his riding -- something about a hotel, I believe -- the Mounties were called in to investigate the banker. Several times.

Strangely, the force showed markedly less zeal in pursuit of the author of a purportedly forged document showing Chretien was owed money by the same dodgy hotelier on whose behalf he had been lobbying. Unable to decipher, after many months of effort, whether the document was a forgery or not, the RCMP shrugged and gave up. Which is more or less what they did for most of Chretien’s time in office, through scandal after scandal: Shawinigate, HRDC, Adscam and beyond.

The idea that messy political scandals are “best left to the police,” even competent police, is rooted in what one might call the Chretien standard of public ethics: that as long as no crimes were committed, all is well; that the most we should expect of the people who make our laws is that they do not actually break them. But regardless of whether anyone did anything illegal in the Airbus affair, it certainly raises a host of questions it is in the public interest to have answered.

Why did Airbus agree to pay $20 million in secret commissions to Karlheinz Schreiber, if the Air Canada contract was decided on strictly commercial terms? What legitimate contribution could he possibly have made? Why did they, and he, deny there was such an agreement, even after it had been revealed? Why, likewise, did the late Frank Moores deny lobbying for Airbus to his dying day, though we know he was paid by Schreiber? Who else did Schreiber pay, and what services did they perform? And of course, what did Brian Mulroney do for his share?

That the press gallery should show so little curiosity about any of these is, shall we say, in character. But that they should be so hostile, even now, to a public inquiry -- that the notion that the public would be scandalized by what it might reveal should be raised as an argument against it -- shows how much the gallery has become part of the problem. If there is a culture of impunity in this country, the media can take its share of the blame.

I can’t actually recall many instances of good people being dragged through the mud by a public inquiry, though I can think of a number of bad people who should have been and weren’t. Like the complaints about cost and time, it’s essentially a placeholder argument, a token nod to the public interest, when what they really mean is that holding a public inquiry would not be clever. Politically, I mean.

It has become a commonplace around Ottawa that calling the Gomery inquiry was a dumb move on Paul Martin’s part. Sorry, did I say “dumb”? I meant unspeakably stupid, egregiously dim, the worst self-inflicted wound since Oedipus discovered his paternity. That Liberals should say this is understandable, if arguable: no prime minister, not even Chretien himself, could have ridden out the storm that was set off by that Auditor General’s report. (Headline in the Toronto Star: “Your money, their friends.” The Toronto Star.) But that journalists should collude in the same winking assessment shows how thoroughly the press have absorbed not only the language, but the morals of political strategists. As far as the public interest was concerned, Gomery was a triumph, exposing a sleazy political subculture we would never have learned about had the matter been “left to the police.” Calling the inquiry was about the only thing Martin did right in the whole affair. And the same applies to Stephen Harper this time around.

Will it make the public more cynical about politics? Gosh I hope so. Watching Mulroney bask in his umpteenth standing ovation last week, or the worshippers lining up for Chretien to sign their copies of his book, I’d say we could use a lot more public cynicism about politics. Though often accused of it, the press in fact has a vested interest in pretending politics is a more ennobling enterprise than it really is, which is why it tends to rally protectively around politicians at such times. It is simply too much to bear to think that the occupation we write about, the subject to which we have devoted our professional lives, is such a perpetually squalid business. Perhaps we need to have our noses rubbed in it, but I doubt we’ll wise up even then.

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23 Comments

Blogger Iain G. Foulds:

... Very good writing, Andrew.
... Keep on this!!!

23/11/07 10:50 AM  
Blogger Iain G. Foulds:

... Devote your life to driving this scum Mulroney into the dirt.

23/11/07 10:56 AM  
Anonymous Derek:

Hmmm, I see the column was posted November 22nd - which reminded me "I wonder who killed JFK?".

Someone should look into this...

btw don't forget, the Adscam inquiry was preceded by an Auditor General's report, and involved a verifiable paper trail within gov't and a number of the outside contracting firms. The Plane Stupid Inquiry (plug for my nomination) involves cash and next to no records so far - well, let's see what KHS comes up with next week at Committee.

23/11/07 11:03 AM  
Anonymous Stephen:

On your comments regarding the co-optation of the PPG.

Will you do your part, now that you are in a poisition to do so, and provide regular rotation of your reporters out of the Ottawa gallery and into other positions.

The fact that we have reporters who have been covering parliament hill for decades is a shame. Tehy form friendships, provide cover and accept explainations at face value, lose their curiousity.

I know it is a tightrope between experience and fresh perspective. However the example is the foreign service where senior staff are rotated out on a regular basis to prevent "going native".

Just a thought.

PS This isnt to say that the problems are all the media's fault, at the end of the day dirty politicians and bureaucrats will do what they do. Just need new questioners to prevent tender mercies from getting in the way.

23/11/07 11:21 AM  
Anonymous Fred:

Brian Mulroney's book is 30% discounted in my local book store; Jean Cretien's: 50%. Not enough worshippers, I guess.

23/11/07 2:36 PM  
Blogger Lord Kitchener's Own:

"Will it make the public more cynical about politics? Gosh I hope so. Watching Mulroney bask in his umpteenth standing ovation last week, or the worshippers lining up for Chretien to sign their copies of his book, I’d say we could use a lot more public cynicism about politics."

Hear! Hear!

23/11/07 2:54 PM  
Blogger Canada Goose:

There is a picture of Chretien at the Montreal Salon du Livre on Warren Kinsella's blog. The journalist's are laughing and smiling at one of Chretien's inane remarks. He has no shame and the journalists, like Mark Steyn in Maclean's, clearly wish he was still prime minister.

23/11/07 10:48 PM  
Blogger FDuquette:

The case is based on whoppers from both sides, Schreiber trying to escape jail, Mulroney tring to rescue his reputation. Who can you believe?
Its a Kantian dytopia: lying only works if truth-telling is the expected norm: if we all lie, then fraud is anticipated and fails as a strategy; except in politics and public inquiries where the principal witnesses are testifying against each other on cash payments without a paper trail.

24/11/07 2:25 AM  
Anonymous Stephen:

Schreiber needs to provide some documentary evidence. Without it then there I really dont see how anything will ever be proven.

Give Schreiber his 5 minutes of fame but really it needs to be tightly proscribed....MP's should be careful about what they enable him to say, does he have any proof?

Every assertion he makes, no matter who it is against, should always be followed by the question...and why should we believe you, do you have any proof other than your word?

Why this story has been perpetually buried and ignored is one of the more interesting things....including the why would the persecution of Mulroney, which is what your left with if Schreiber can prove nothing against him, be ignored by the press.

Nobody will come out as an angel in this....nobody at all. Let's get it over with.

24/11/07 3:07 PM  
Blogger Bryan Peeler:

Now if only someone would make Warren Kinsella read this.

25/11/07 10:58 AM  
Anonymous Derek:

Unconfirmed news report:

Layton replaces Pat Martin for Schreiber appearance at the Ethics Committee

Faced with growing concerns that next week's Ethics Committee meeting with Karlheinz Schreiber will turn into a "circus" of partisan upmanship, NDP leader Jack Layton announced Sunday that he will be replacing a key committee member. Pat Martin, who stormed out of last Tuesday's committee meeting after throwing his pen and using "unparliamentary language", will be replaced with Toxic Timmy. Said Layton in a press conference "For quite some time now, Timmy has been Pat's right hand man, so I expect the transition will go very smoothly. Timmy will bring a certain high tone to the committee meeting which will provide the dignity expected by all Canadians."

26/11/07 6:25 AM  
Anonymous Anonymous:

Be careful. Dissing the MSM makes you extreme, racist and quite unsuitable for a CBC gig.

28/11/07 3:17 PM  
Anonymous Stephen:

Question for the floor....

Just how ridiculous was that.

I have never seen a more p whipped committe in my life. The have a speakers warrant for crying out loud and KHS walks all over them.

Why they arent sanctioning him for contempt of parliament I have no idea.

The NDP have to be fuming, and what was going on with the constant shifing between Martin and Mulcair...who's on first.

Absolute joke. Mind you I would love to see the documents that are in Switzerland.

Bottom line, KHS and Eddie Greenspan (sp?) gave Parliament one big finger today. Cant deliver because of family emergencies and previous committments....what a joke.

29/11/07 4:06 PM  
Anonymous Derek:

My views aren't as harsh as yours.

I have never seen a more p whipped committe in my life. The have a speakers warrant for crying out loud and KHS walks all over them.

Why they arent sanctioning him for contempt of parliament I have no idea.


The Speaker's warrant specifically called for him to be provided access to his records before appearing before the committee. Given that this condition was not fulfilled, and KHS was apparently advised by E. Greenspan who had some hand in preparing his opening statement, perhaps the Committee Meeting should have been adjourned until next Tuesday.

The NDP have to be fuming, and what was going on with the constant shifing between Martin and Mulcair...who's on first.

I got the impression that the NDP were quite happy with how events were unfolding. Pat Martin would probably tuck KHS in tonight into his home bed if he could. Yes, the tag team was a bit silly. What I found most humorous however, was when Pat Martin was asking his questions, or making his motion, the lady behind him just couldn't stop yawning. Too funny. I can see those clips showing up on YouTube somewhere. She'll be immortalized. Wonder who she is.

Bottom line, KHS and Eddie Greenspan (sp?) gave Parliament one big finger today. Cant deliver because of family emergencies and previous committments

I think this had to do with the Justice's request to expedite the appeal to the Supreme Court, in advance of the regular date of Jan 15th - nothing do do with KHS' ability to testify before the Committee. Typical legal manoevring. Nothing surprising to me.

One nugget I got out of his partial testimony of interest. KHS is sticking with his claim that the $300k was for future work (related to Thiessen I think), and not related to Airbus.

29/11/07 5:20 PM  
Blogger paul.obeda@:

Do I understand this correctly?

KHS says that since Mulroney didn't deliver, he secretly paid him "only" 300K out of a promised 500K? (Clearly suggesting this wasn't about Air Canada purchasing the airplanes which they purchased - the purported source of KHS's funds, as I have been led to understand from media reports.) That some hon. members are suggesting the PM may have abused his office, but that this is all alleged to have happened only two days before Mulroney left office? That KHS has claimed for some time to have notes, but the Parliamentary committee has not subpoenaed any such documents (aside: can they do so?)?

And apparently today KHS strongly suggested that his current statements are only designed as a ploy to avoid (or at least delay) his extradition, and that he is playing the opposition parties (and several members of the media) to that end? That is, he would seem intent on co-operating only insofar as it allows him to stay in Canada.

Does that seem accurate?

29/11/07 6:59 PM  
Anonymous Stephen:

Opposition want to engage in a fishing expedition, they want to go back to fundraising records from the 1980's....ridiculous.

And Marta Hall Findley, on Duffy, hints darkly at the letter Scheriber got back from...well we dont know if it was PMO or PCO.

Likely a thanks for the letter pro forma.

Drive By smears indeed.

KHS said no money from Airbus and no contact with Harper.

Pat MArtin says BUT WAIT....we dont know if that money ultimately was sourced from somewhere else. He has to be careful, he is saying these things outside of Parliament, and may find himself stuck on the wrong end of a libel letter.

This is BWOT....Big Waste Of Time

29/11/07 8:45 PM  
Anonymous Derek:

This is BWOT....Big Waste Of Time

Not sure I agree with this assessment. The Committee would meet irrespective of the issue they are investigating. If the Harper Gov't ultimately acts irrespective of what work the Committees undertake (this one on Ethics, Information and Privacy or whatever is its mandate) then who cares what they investigate?

KHS hasn't yet had his extradition date extended beyond what would normally have occurred, owing to the Supreme Court Appeal (belatedly from Dec 1st to Jan 15th or whenever they rule if they reject his request). I could be wrong on this point.

As far as I know, KHS and any other witnesses that appear before the Committee will have to pay for legal representation themselves. In a full inquiry, I believe the legal fees of anyone provided standing would be borne by the public.

Whatever evidence or issues get resolved through these Committee hearings can only be of assistance to Dr. Johnston in setting the terms of the inquiry (if any). More narrow, or more broadly. So, these hearings could have real and tangible financial and time benefits (ie reducing both).

And perhaps with the microscope focused on the conduct of the various parties in Committee, ensuring that it doesn't turn into a Gong Show or Circus, the spillover effect will be felt in the HofC. I'd like to see the level of debate there improve.

29/11/07 9:22 PM  
Anonymous yyc:

"But that has raised questions of its own, notably the current justice minister’s repeated insistence in Parliament that he had no power to delay Schreiber’s extradition, just a day before offering to do just that". (Andrew @ macleans)

Woah Andrew! There's a world of difference between not contesting an application for stay on appeal and inventing the right to arbitrarily delay a process.

The MPs howling about this are the same ones that waited until the last possible minute to have the Speaker issue a warrant for Parliament because they wanted to pin yet another arbitrary perogative on the minister.

The administration should appear in the places one expects (transferring custody based on parliamentary warrants and consenting to judicial applications for stays) not waving wands to delight the galleries.

30/11/07 12:05 AM  
Anonymous Stephen:

Practically speaking the comittee is a BWOT. It isnt acheiving its stated purposes etc etc

Politically speaking, yes it is proving useful for the government. The members are showing true colours, interested in theatre over substance....theatre is allowed (it is politics) but the substance must be there.

You have a chair who facilitiates the witness to avoid answer questions on a Speakers Warrant no less. If anyone is in contempt of Parliament it is the opposition. If I were the speaker I would be telling them the committee that it is unlikely a warrant would be granted again given their misuse of the power.

The opposition whipped up the worry over extradition when most legal observers I heard say days ago that Schreiber isnt leaving the country for months, simply because he has legal remedies to keep him here.

The committee isnt required to keep KHS in country.

Now lets go back to the speakers warrant. What controls on the use of it are in place? Since the government lacks a majority on the committee you can see Pat Martin already swaying after a couple of swigs of this powerful instrument. He is wanting to take this into a broad fishing expedition to hang Mr Mulroney and investigate him all the way back to 1980. Out of scope and quite frankly any decent person should oppose a star chamber inquisition of individuals for no good reason.

Parliament is Supreme, an important concept to be maintained but what practical controls will there be on the Speakers Warrant? Is it up to the Speaker to say enough is enough? Or does that only happen in Parliament? What happenes when Parliament disolves? or Porogues.

Speakers Warrants are powerful instruments yielding dictatorial powers, how they can be enforced is another matter. Martin is talking about forcing the papers from Switzerland, as much as I would like to see them but what are the practicalities of enforcing the committees wishes.

Martin has already asked for diaries, where they will go fishing. There may be lots of ugliness there but arent we into a realm where people with some sense of civil liberty are going to be upset. Can you imagine if Mr. Mulroney appears under a Speakers Warrant? They'll supoena his diaries, his bank records etc and go looking through his life to see what they can find as opposed to having a reason and meet regular legal tests.

I guess I want to understand what the limits are, how it can be curtailed. Imagine a majority government using a speaker from one of their own for a committe on which they have a majority. WOW! Pretty powerful stuff.

Maybe I am the only one who sees this, largely out of ignorance on the controls. However, Mr Martin is making noises that are uncomfortable in their scope and desire.....too close to inquisition.

30/11/07 3:19 AM  
Anonymous Anonymous:

Stephen, And what checks and balances exists for the commmittee's preferred approach which was for the minister to do on behalf of parliament what the speaker can do?

30/11/07 8:30 AM  
Anonymous Stephen:

Dont get me wrong I supported the Speakers warrant, I am jusyt beginning to realize this is a very draconian instrument. And if it is abused what are the controls.

The minister could have cut a deal with KHS but not compelled him to speak I believe.

I dont know if the Minister had the right to order appearance as opposed to cutting a deal to make him available.

I am just looking at what the committee is thinking of doing, and at some point you have to wonder if this is the way you want to proceed. If there are doubts is it solely up to the Speaker to revoke the warrant, can he do it without Parliament voting and would he?

The warrant essentially allows for the committee to whatever it wants without legal recourse as far I can tell, and without due process.

30/11/07 10:28 AM  
Anonymous Derek:

Stephen, I think you are mixing up issues.

Parliamentary Committees have the power of subpoena. In fact, I think they issued one for KHS but he could not appear because he was being held in custody, and the Justice Minister claimed he could not or would not release him. This prompted the unusual Speaker's Warrant to force him to be released/moved to Ottawa, and being delivered to Committee.

Your criticisms are more properly directed at the conduct of Parliamentary Committees and their latitude/powers in compelling witnesses to appear and answer their questions, subject to being found in contempt of parliament.

As I mentioned earlier, perhaps the meeting should have just been postponed until Tuesday to allow his appeal to be heard in Ontario today(since successful), and given him an opportunity to have access to his documents. Then all refusals to answer questions could be dealt with appropriately.

Would the public interest have been served if he was found in contempt for his selective choice in refusing to answer on Thursday, given his last minute travel arrangements? No, I think he would have gained public sympathy, which he doesn't deserve.

I'll wait to see what happens on Tuesday and afterwards.

30/11/07 12:21 PM  
Anonymous Stephen:

Derek,

I may be.

Hence the questions.

Thanks for clarifying.

30/11/07 2:41 PM