PMJT's not-an-inquiry

From: POLITICO Ottawa Playbook - Tuesday Mar 07,2023 11:01 am

Mar 07, 2023

Presented by

Send tips | Subscribe here | Email Nick | Follow Politico Canada

Thanks for reading Ottawa Playbook. I'm your host, Nick Taylor-Vaisey, with Maura Forrest. Today, we have JUSTIN TRUDEAU's latest thinking on how to investigate foreign interference in Canadian elections. Plus, your latest round of drama at the federal drug price regulator. Also, it's industry vs. government in the fight over single-use plastics.

DRIVING THE DAY

NOT AN INQUIRY (YET) — Prime Minister JUSTIN TRUDEAU was 37 minutes late to his own Monday announcement of a special rapporteur on foreign interference.

Trudeau is still resisting pressure to call a public inquiry into alleged Chinese interference in two Canadian elections, but he pivoted to a hard maybe. Well, maybe a maybe. It depends.

You didn't need to go far to hear the word "punting" on the TV panels.

The PM is asking the yet-to-be-named appointee to consider the idea of an inquiry as part of a "wide mandate" meant to poke Canada's spider web of national security and intelligence apparatuses for gaps.

If the rapporteur recommends an inquiry, Trudeau says he'll call one.

On whose shoulders will that recommendation eventually fall? So far, we're only going on adjectives. The prime minister described them in the abstract as "independent," "impartial," "respected," and "unimpeachable."

Jury's out on when precisely they'll be named, though the PM did say he'd consult opposition leaders on the all-important appointment.

Sound like a judge to you? Tell us who you think could, should and/or will get the gig.

— One guess: DAVID JOHNSTON

— One more layer: The prime minister also announced that Public Safety Minister MARCO MENDICINO will launch public consultations on a new Foreign Intelligence Transparency Registry — a made-in-the-PMO title for a foreign agent registry the likes of which already exist in other allied nations.

The U.S. and Australia already require officials acting on behalf of foreign states to register their activities with the government.

This wasn't exactly news. Mendicino was already planning these consultations.

VOX POPULI — A new poll from Research Co. claims nearly two-thirds of Canadians support a public inquiry into foreign interference. Nearly three-quarters of the all-important 55-and-over demo are onboard with the idea, but so are 59 percent of the 18-to-34 set.

— The question: "All things considered, do you support or oppose calling an independent inquiry into foreign interference on electoral processes in Canada?" Sixty-four percent said yes, while only 21 percent said no. An additional 15 percent were unsure.

— Next steps: The surveyors asked if Ottawa should pass new laws that target interference similar to an Australian effort in 2018 — which included a foreign agent registry.

Seventy-two percent of Canadians support similar laws in Canada.

— Michael Chan wants an inquiry: The pundit class is replete with supporters of a full-fledged public inquiry into interference. One supporter of that cause outside of the typical talking heads appealed directly to Trudeau in a Monday letter.

But Chan, a former Ontario Liberal Cabinet minister, wants the probe to focus on the Canadian Security Intelligence Service — which he claims has fueled media reports about alleged foreign interference. (Chan calls the relationship between leakers and unnamed journalists "complicitous, self-serving and unsettling.")

The agency has investigated Chan for years.

A message from MDA:

We’ll take you there
Serving the world from our Canadian home, MDA is a trusted international space mission partner and a pioneer in space robotics, in-orbit operations, satellite systems and Earth observation. With a 50+ year story of firsts on and above the Earth, today our 2,700 highly-skilled employees are leading the charge towards viable Moon colonies, enhanced Earth insight, and communication in a hyper-connected world.

CRITICAL CONDITION — The health minister who launched a Liberal mission to reduce drug prices is now concerned the federal agency overseeing the beleaguered, years-delayed process is beyond repair in its current form.

"I worry about whether the board can be revived to manage its original purpose," JANE PHILPOTT recently told Playbook, referring to the Patented Medicine Prices Review Board.

More from Philpott a bit later. First, a primer for those who've missed the PMPRB saga.

— Disarray: It's been a slog of late over at the PMPRB. The acting chair, MÉLANIE BOURASSA FORCIER, quit abruptly last December amid consultations on draft guidelines to implement the new drug pricing regulations.

Cabinet appointed THOMAS J. DIGBY, an intellectual property and transaction attorney, as the new permanent chair almost two months later on Feb. 1. But three weeks later, PMPRB member MATTHEW HERDER quit the board. The same week, PMPRB executive director DOUGLAS CLARK stepped down after nearly a decade in the role.

Needless to say, continuity isn't the PMPRB's strength at the moment.

— The tl;dr is this: Back in 2017, Philpott embarked on a journey to reduce drug prices. The government eventually proposed new regulations meant to accomplish that goal. The regulations were delayed repeatedly during the pandemic. There were court battles with the pharmaceutical industry. For months, the regulator has consulted on draft guidelines to implement the regulations. But that's been delayed, too.

FORCIER SPEAKS OUT — The former acting chair mostly declined comment when she quit, but Forcier quietly posted a five-page letter to her LinkedIn page over the weekend that explained her decision to step down. Lawyers had been through this one.

Forcier described an apparent clash last year between PMPRB staff and a whole bunch of voices calling for more consultation with industry. She had received letters to that effect from Innovative Medicines Canada, a lobby group, and Health Minister JEAN-YVES DUCLOS.

The letters were "of great concern" to Forcier. "I felt that we had not adequately fulfilled our duty to consult," she wrote, adding that even extending the consultation by "a few days" might have done the trick.

Forcier claimed PMPRB staff countered by proposing a meeting with industry only after the consultation period had closed. And they refused to meet with Duclos, she said.

"Not extending this period entailed risks that I personally did not wish to take," she wrote, citing "avoidable legal actions, withdrawal and/or non-marketing of drugs or, in the future, vaccines in the context of a pandemic."

— The killer blow: "I sincerely believed I could contribute significantly to get everyone out of the perpetuating dialogue of the deaf between the pharmaceutical industry and the PMPRB that has been going on for years and has notably generated costly judicial remedies for Canadians which could have been avoided. I left because I realized that my expertise and experience were, in fact, of no value to the PMPRB as it was then constituted."

PHILPOTT'S TAKE — The former health minister worried about the impact of Clark's departure on the PMPRB's ability to implement complex new regulations.

"There are people who brief you [as minister], and you can tell they don't actually even understand their own file," she told Playbook. "Doug [Clark] would walk in and brief me, and it would be a brain download — incredible, comprehensive detail. It was amazing what I learned from him, and the way that [staff] had thought through how they could do this best."

Stay tuned to future Playbooks for more PMPRB reflections from Philpott, who spoke to POLITICO about pharmacare, the art of relationship building and why Big Pharma should invest more in Canada.

Know someone who could use Ottawa Playbook? Direct them to this link. Five days a week, zero dollars.

TODAY'S HIGHLIGHTS

— Prime Minister JUSTIN TRUDEAU will spend the day with European Commission President URSULA VON DER LEYEN.

— Natural Resources Minister JONATHAN WILKINSON attends the Prospectors & Developers Association of Canada conference for the second day in a row.

9 a.m. The Parliamentary Budget Officer publishes a new report: “Costing the Express Entry Immigration Process”

10:15 a.m. Trudeau will attend a welcoming ceremony in Kingston, Ont., for von der Leyen, alongside CHRYSTIA FREELAND, ANITA ANAND and MÉLANIE JOLY. They'll hold a bilat soon afterwards.

11 a.m. Green leader ELIZABETH MAY and caucus mate MIKE MORRICE will talk to reporters about JOE BIDEN's ongoing environmental beef with Canada.

11:30 a.m. Bloc Québécois leader YVES-FRANÇOIS BLANCHET holds a press conference on foreign interference.

12 p.m. The Walrus Leadership Forum: Trust in Democracy reflects on Proof Strategies' 2023 CanTrust Index. Speakers include Proof CEO BRUCE MACLELLAN; Proof VP GENEVIEVE TOMNEY; Dentons senior business adviser JAMES MOORE; U.N. Secretary General Expert Group on Net Zero chair CATHERINE MCKENNA; and Northweather partner and VP ZAIN VELJI … Register here.

12:30 p.m. Trudeau and von der Leyen will hold a media availability.

1:30 p.m. Following a visit with military members, Trudeau and von der Leyen will visit an "innovative technology company" in Kingston.

3:30 p.m. National Defense Minister ANITA ANAND will be at the House national defense committee to take questions about the Chinese spy balloon.

3:45 p.m. Chiefs of the First Nation Wild Salmon Alliance from across B.C. hold a press conference to advocate for the transition of open-net cage fish farms from B.C. oceans to land-based farms. The alliance has recently hired the services of Earnscliffe consultants.

6:30 p.m. In Ottawa, von der Leyen delivers a parliamentary address.

8:30 p.m. Trudeau and von der Leyen will attend a reception. The PM will deliver remarks.

TELL US WHAT YOU KNOW — We welcome your tips and intel. What are you hearing that you need Playbook readers to know? Send details.

For your radar

THE HOUSE TODAY — The Commons will debate Bill C-27, the Liberal attempt to update consumer and personal privacy rules for a digital world that always moves faster than any government. The bill also includes a substantial attempt to regulate the creation and use of artificial intelligence.

ECONOMIC SCORECARD — The Coalition for a Better Future is out today with a series of grades on growth and productivity for the federal government.

The results are decidedly mixed, according to the informal alliance of corporations, industry associations and nonprofits co-chaired by LISA RAITT and ANNE MCLELLAN.

Here's a snippet from the coalition's first annual temperature check on growth:

"We are a human resource powerhouse, with an openness to immigration that gives us a big competitive advantage. While still far from our diversity targets, we are making strides around inclusivity, including important progress for Indigenous peoples in the labour force. Our poverty rates have fallen, thanks to generous income support for low-income families and a tight labour market.

"Canada also has an aggressive plan to move to a low-carbon economy, but this will take time and significant public and private investments.

"The numbers also show we are falling short on some of the most important metrics such as GDP per capita and investment. Without economic prosperity, Canadians living standards and real incomes will be affected going forward."

ICYMI — Liberal MP NATE ERSKINE-SMITH is all but in as a contender for his party's provincial leadership race. But in a recent interview with EVAN SCRIMSHAW, we noted a message from Erskine-Smith for party faithful writ large:

"We don’t talk enough in the Liberal Party through the increasing years about economic prosperity, about ensuring we are delivering a strong economic agenda. Our politics is at our best when the Liberals are offering a strong, left wing progressive agenda while also offering a strong economic agenda, and we can do both.”

PLASTICS FIGHT — A group of plastic manufacturers is taking Ottawa to court today in a bid to overturn the Liberal government’s ban on certain single-use plastics.

The Responsible Plastic Use Coalition, made up of companies including Dow, Nova Chemicals and Imperial Oil, wants the Federal Court to quash the government’s May 2021 decision to label plastic products as toxic under the Canadian Environmental Protection Act.

That designation formed the basis for Ottawa’s subsequent ban of six single-use plastic items, which began to take effect last December.

— The arguments: The coalition argues the toxic label is unconstitutional because it’s overbroad and intrudes upon provincial jurisdiction over waste management. It also claims the government lacks solid evidence that plastics are actually toxic.

In response, the government argues there is no question that plastic pollution is harmful to the environment and is expected to worsen without regulation.

— Coming soon: The coalition has launched a separate legal challenge of the single-use plastics ban itself, which applies to checkout bags, cutlery, straws, stir sticks, ring carriers and some takeout containers.

— The court of public opinion: Polls suggest the majority of Canadians support a ban on single-use plastics, and the government is going to some lengths to paint this legal battle as the brainchild of a few greedy companies.

In court filings, Ottawa points out that the industry coalition describes itself to the court as being concerned with the “problem of plastic pollution in Canada.” But its certificate of incorporation says its mandate is to “pursue all legal remedies available to prevent the regulation of plastic manufactured items.

“While a handful of big multinational companies try to stop our ban on harmful single use plastics, we’re going to keep fighting for the clean, healthy environment Canadians deserve,” Environment Minister STEVEN GUILBEAULT told Playbook in a statement.

A message from MDA:

MEDIA ROOM

— Prince Edward Island voters will go to the polls April 3, six months before the fixed election date that Premier DENNIS KING promised to follow. King's slogan: "With you. For you."

— From NBC News: U.S. transfers Border Patrol agents to northern border as migrant crossings from Canada into U.S. rise

— An Ontario court slapped down a provincial law that limited third-party spending limits. The winners: unions and the Canadian Civil Liberties Association. The loser: DOUG FORD, who invoked the notwithstanding clause in passing the law in 2022.

— Sen. PAULA SIMONS, quoted on Bill C-18 in Ricochet: "Honest to god, I really feel like this is written by people who have never used the internet."

— The Narwhal reports: Disaster response is straining Canada’s military. Training citizens might be the solution.

PROZONE

For POLITICO Pro s, our latest policy newsletter by MAURA FORREST, ZI-ANN LUM and SUE ALLAN: Plastic manufacturers vs. Ottawa

In news for POLITICO Pro s:
— USTR initiates formal talks over Mexico's corn ban.
— What Republicans are prioritizing in the House.
— Pentagon still probing if a weapon caused 'Havana Syndrome.’
— UAE climate summit leader defends oil and gas role in energy transition.
— USDA launches new plan to take on Big Seed.

PLAYBOOKERS

Birthdays: HBD to former Alberta premier ALISON REDFORD and former NDP MP MYLÈNE FREEMAN.

Spotted: Crypto pro BEN HARPER, at a Hill reception for Blockchain in the Macdonald Building.

Trade negotiating legend STEVE VERHEUL, tapped to deliver a keynote on post-NAFTA protectionism at a Canadian Global Affairs Institute conference on March 29 … Tory MP MICHELLE REMPEL GARNER, calling on the U.S. to drop its Covid vaccine mandate at the border.

Movers and shakers: Canada's top envoy in Washington, KIRSTEN HILLMAN, is sitting with the L.A. Times at the high-powered, white-tie Gridiron Dinner in D.C. — a Covid superspreader event last year (remember when we tracked such things?). Hillman is attending in her official capacity, per an ethics disclosure.

ERIC DEMERS is the NDP’s new director of communications. ALANA CAHILL will resume her role as deputy director … SONIA KUMAR is repping the Canadian Medical Association on the Hill.

Cocktail circuit: The Equal Voice Foundation holds its International Women's Day Celebration in the Valour Building at 4 p.m. … The Canadian Airports Council is down the street at the Met, starting at 5 … At 5:30, the Métis National Council hosts a 40th Anniversary Reception at the National Arts Centre … Also at 5:30, the Canadian Foodgrains Bank throws its own 40th-anniversary bash at the Macdonald Building.

On the Hill

→ Find the latest on House committee meetings here.

→ Keep track of Senate committee meetings here.

9 a.m. The parliamentary budget officer will publish a new report titled “Costing the Express Entry Immigration Process.”

9 a.m. The Senate transport and communications committee meets to study Bill S-242.

9:30 a.m. The Senate rules and procedures committee meets to hear from the Senate committee director clerk assistant Shaila Anwar about committee mandates.

11 a.m. The House health committee has children’s health and closed-door discussions about “committee business” on its agenda.

11 a.m. The House transport committee meets to continue its study of inter-city transport by bus in Canada.

11 a.m. Ukrainian MP LESIA VASYLENKO and Ugandan MP LUCY AKELLO are witnesses at the House foreign affairs committee as part of its study of sexual and reproductive health and rights of women globally.

3:30 p.m. National Defense Minister ANITA ANAND will be at the House national defense committee to take questions about the Chinese spy balloon.

3:30 p.m. Bill C-13, the government’s proposed amendments to the Official Languages Act, gets airtime at the House official languages committee before MPs take a scheduled five minutes to talk about “committee business” (“budget to travel to the United Kingdom and Ireland”) in public, not behind closed doors.

3:30 p.m. Information and Privacy Commissioner CAROLINE MAYNARD will be at the House ethics committee to take questions about the access to information and privacy system.

— Behind closed doors: The House finance committee meets to review a draft of its report on pre-budget consultations; the special joint committee on the declaration of emergency meets with the cameras off to take drafting instructions on an upcoming report.

A message from MDA:

We’ll take you there

Serving the world from our Canadian home, MDA is a trusted international space mission partner and a pioneer in space robotics, in-orbit operations, satellite systems and Earth observation. With a 50+ year story of firsts on and above the Earth, today our 2,700 highly-skilled employees are leading the charge towards viable Moon colonies, enhanced Earth insight, and communication in a hyper-connected world. Together with our many intrepid partners, we’re working to change our world for the better, on the ground and in the stars.

TRIVIA

Monday’s answer: Sen. DAVID ADAMS RICHARDS has won both a fiction and non-fiction Governor General’s Literary Award.

Props to DAN MCCARTHY, MARY JANE ALLAN, PATRICK DION, LAURA JARVIS, BRAM ABRAMSON and ROBERT MCDOUGALL.

Today’s question: Which renowned Canadian architect, whose portfolio includes the Canadian Museum of History, was born in Calgary on this day in 1934?

Send your answers to ottawaplaybook@politico.com.

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.

Playbook wouldn’t happen without: Luiza Ch. Savage, Sue Allan and David Cohen.

Follow us on Twitter