Global Courant 2023-05-30 18:53:14
Last Thursday, the NDP has taken note of an opposition motion which will be debated today and voted on later this week.
That motion calls for David Johnston to step down from his role as special rapporteur and requires the government to urgently set up a public inquiry committee. Crucially, it also states that the investigation will be led by a person selected with the unanimous support of all recognized parties in the House,
It is rare for an opposition motion to be so important.
The issue that should have been central to Johnston’s failed report was the defense of our democratic institutions. This motion would put that back, front and center.
As if it wasn’t sad enough to see the wonderful career of an outstanding civil servant end in a tailspin, Johnston seems to have decided to dig in.
‘I WILL NOT BE PICKED UP’
Within 24 hours of publication of the opposition motion, Johnston wrote an op-ed in The Globe and Mail.
In that article, Johnston repeated much of the foggy reasoning of his report. Then he said this:
“While I have identified serious shortcomings in how we respond to foreign interference, the work is not done. And I won’t let it stop me from completing it. That is the task I have taken on, and I feel obligated to complete it to the highest possible standard. Then I leave it to the Canadians to judge this contribution to the protection of our democracy.”
In the context of his mandate, which was designed to defend Canadian democracy, it is no small irony that Johnston seems to believe he is more important than the will of elected MPs.
When Johnston was first mentioned, some opposed his appointment because of his friendship with the Trudeau family. I know Johnston well and have always respected him. I thought much of this criticism was petty and indeed childish. I was convinced that Johnston would do the same kind of high-level work he had once done for Stephen Harper, who needed advice on how to investigate Brian Mulroney’s past dealings.
Johnston had famously said that the Airbus part of the Mulroney affair was “well-worked ground”. That upset many journalists, commentators and ordinary Canadians who would have wanted to know the truth about the whole thing. The Oliphant Commission was set up, and while she found fault with Mulroney, she had to steer clear of that explosive part of the file. Undoubtedly impressed by his skills, Harper later appointed Johnston Governor General.
It came as no surprise, then, that Justin Trudeau called on those same skills to help him through the biggest scandal of his nearly eight years as prime minister. It was a call I applauded, knowing Johnston as I do.
Then all hell broke loose at the Pierre Trudeau Foundation, where Johnston held a key role until his appointment as Special Rapporteur.
There had clearly been an attempt to gain influence through that foundation through donations from Chinese Communist Party stooges. The president and CEO, along with several board members, resigned when those present at the time refused to back out of the talks.
When it became clear that he would have to look into the ins and outs of the Foundation, Johnston was determined to step down as Special Rapporteur. It is a basic rule of natural justice that you cannot be a judge in your own cause. Johnston once taught law. It’s a rule he knows very well.
Rather than resign, of course, Johnston persevered and signed.
His press conference was terrible. He regularly turned to the lawyer who accompanied him. It turns out she was a long-time donor to the Liberal Party. That’s something he should have checked, but apparently didn’t, or if he did, it didn’t click that would cause further perception that the fix was in there.
The report was so weak it was almost laughable. Just too secret for Johnston to discuss in detail, but it turns out he also had an entire team from that law firm work with him on the report. What they saw was undoubtedly more than what MPs were allowed to look at.
Johnston invoked his professional credentials as a lawyer when asked whether a judge should not have done this job. But one of the first things a judge would do is put witnesses under oath. That apparently never happened here.
Instead, we have the vague and wholly inadequate statement that the good people who all work for Trudeau said they turned everything over. Real?
And, the real kicker, Johnston had found no instances where Trudeau or his ministers did nothing. You can imagine the scene, Johnston asking Trudeau’s Chief of Staff Katie Telford if Trudeau ever failed to act (on Michael Chong? on Erin O’Toole?…). Of course he found nothing.
Johnston’s public hearings are mostly futile attempts to replace a real investigation. He would have Canadians follow him as he weeds out alleged intelligence-sharing rulebook failures in Ottawa. It’s a powerful distraction that leads nowhere.
Johnston envisions hearing from diaspora communities and sharing his experience and pearls of wisdom. More window dressing intended to replace a real investigation.
CANADA, JOHNSTON AND CHINA
A Montreal newspaper for which I write posted a photo of one of Johnston’s meetings with President Xi last weekend. In that picture, I’m sitting there with Johnston as he invited me for that official visit after I left the leadership of the NDP.
I learned a lot about Johnston, about diplomacy and about China during the trip. On the night of our official dinner with Xi and senior officials, the Chinese president unexpectedly left the table during the meal. He later returned and I thought nothing of it until we left and none of our electronics worked.
As it turns out, Liu Xiaobo, the long-imprisoned Nobel Peace Prize laureate and Chinese human rights activist, has just passed away. He had fought to end communist one-party rule in China. He had succumbed to cancer.
Why our electronics were targeted remains unclear. We talked amongst ourselves, but never really had the opportunity to debrief. We suspected there was official concern about the reaction to the death of someone who had supported the Tiananmen Square protests. Johnston’s strong personal and family ties to China and the Chinese regime seemed undiminished by these events. For me it was a wake up call.
TRUDEAU AND CHINA
Trudeau attempted but failed to begin negotiations for a free trade agreement with China. During his second trip, Canadian journalists were harassed by Chinese security and the whole thing turned into a debacle.
Trudeau is not alone in believing that you can have a normal business relationship with China. Harper wrote a foreign investor protection agreement with Beijing that should never have been signed.
Canadian companies, such as now-bankrupt tech giant Nortel, know what it’s like when their secrets are stolen and shipped to China, where companies like Huawei were then free to profit. Fortunately, that naivety is a thing of the past.
Canada is right to want reciprocity with China. Our economies are complementary in many ways and improved trade could benefit both our countries. But reciprocity in trade calls for mutual respect.
Some of our closest allies: the United States, Australia and the United Kingdom have formed an alliance that clearly excludes us, even though we are a major power in the Pacific. It should be a warning to all Canadians that those close friends do not consider us trustworthy when it comes to doing business with China.
It is time to reset our relationship with this major world power. The naive submissiveness of the past can no longer guide us.
As for Johnston, if indeed a majority of the House of Commons say he should resign, he will have no choice but to wait until he is dismissed. He should graciously leave while he still can.
Tom Mulcair was the leader of the federal New Democratic Party of Canada between 2012 and 2017
