The Scorpion and the Frog: Ethics Commissioner Investigates Trudeau Again Over WE-Gate

Where to begin? The Liberals are at it again.

Yet another ethics investigation of Prime Minister Trudeau, his shameful third since taking office in 2015.

The current investigation relates to a $19.5 million sole-sourced Employment and Social Development Canada (ESDC) contract awarded by Cabinet to WE Charity, to help administer the $912 million Canada Student Service Grant (CSSG) program. Commissioner Mario Dion confirmed that his office was investigating Prime Minister Trudeau on possible violation of three separate ethics laws; conflict of interest in awarding the contract to WE, preferential treatment to WE, and his failure to recuse himself from the cabinet vote to sole-source the contract to WE.

The Conflict of Interest Act is clear on these issues:

  • Section 4, Conflict of Interest “For the purposes of this Act, a public office holder is in a conflict of interest when he or she exercises an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to improperly further another person's private interests.”
  • Section 7, Preferential Treatment “No public office holder shall, in the exercise of an official power, duty or function, give preferential treatment to any person or organization based on the identity of the person or organization that represents the first-mentioned person or organization.”
  • Section 21, Duty to Recuse “A public office holder shall recuse himself or herself from any discussion, decision, debate or vote on any matter in respect of which he or she would be in a conflict of interest.”

The problem arises from the fact that the Prime Minister and his family have close ties to WE, and that they have profited from that association.

It has been reported that Margaret Trudeau (of Studio 54 fame), the Prime Minister's mother, received $250,000 in honorariums for speaking at 28 WE-hosted events between 2016 and 2020. Alexandre Trudeau, the prime minister's brother, received $32,000 in speaking fees between 2017 and 2018. Sophie Grégoire Trudeau hosts a podcast for WE, and has also been paid for speaking. She is described as an “ambassador and ally to WE”.

Finance Minister Bill Morneau also failed to recuse himself from the Cabinet decision, notwithstanding that his daughter is an employee of WE.

In political-speak this is known as “bad optics”. Liberal spin doctors will be clocking socially-distanced overtime on this.

Charity Intelligence Canada is a research group dedicated to transparency and accountability within the charitable sector. Research Director Greg Thomson characterized the decision to sole-source to WE as “very, very odd”, adding “It was a bad decision-making process as far as we are concerned, it doesn't make sense.”

The Public Service Alliance of Canada disagrees with the government's assertions that WE was the only group that could administer the new grant program; saying that was not only “factually wrong” but also “insulting” to it's members. President Chris Aylward commented, “Keeping administration of the [grant program] public would support accountability, oversight and proper handling of private applicant information.”

WE co-founder Marc Keilburger confirmed that the PMO had contacted WE directly, following the public announcement of the CSSG program to ask if they would be interested in helping implement it.

Bloc Quebecoise Leader Yves-François Blanchet has called for Trudeau to step down and delegate responsibility to Deputy Prime Minister Freeland, saying that “he cannot be considered as being qualified to keep doing the job.” Conservative Leader Andrew Scheer said he believed that Justin Trudeau should have resigned over Lavalin-Gate, and that Liberal Members of Parliament can vote Trudeau out as Leader if they want to show that the Liberal Party does not tolerate these types of ethical violations. “If they don't, the message is that the Liberal Party is very comfortable with these levels of ethical breaches”, Scheer added.

Conservatives are asking the RCMP to launch a criminal investigation into the matter. On July 10th Conservative Shadow Minister for Ethics Michael Barret addressed an Open Letter to RCMP Commissioner Brenda Lucki requesting an investigation for possible violations of “Criminal Code subsection 119(1) (bribery of a judicial officer) and/or paragraphs 121(1)(a) to (c) and subparagraph 121(1)(e)(i) (frauds upon the government)”.

This is, of course, is similar to asking a child who raided the cookie jar to name their own punishment. Commissioner Lucki was appointed by Prime Minister Trudeau. She owes political allegiance to the subject of her investigation. This relationship, of itself, presents another conflict of interest, and an argument for removing responsibility for the RCMP Commissioner appointment from the purview of the PM and handing it to Parliament going forward.

A previous letter to Lucki in August 2019 requesting a criminal investigation into government involvement in the Lavalin-Gate affair prompted RCMP to confirm that they were “examining this matter carefully with all available information” and would take “appropriate actions as required". Former Attorney general Jody Wilson-Raybould admitted that she had been interviewed by RCMP, but was prevented from disclosing details because the Trudeau government had not waived her Cabinet Confidentiality Agreement. The investigation seemed to founder upon Cabinet confidentiality, as reported in a September 2019 article in the Globe and Mail, “Ottawa blocks RCMP on SNC-Lavalin inquiry”. The Conservatives now fear that Trudeau may again block testimony of Cabinet members. While Trudeau used his majority last time to shut down the Justice Committee investigation, the Liberals are now in the minority. Scheer stated in a CBC interview that this time the Conservatives will, with the agreement of other parties, be able to compel testimony.

Asked why there have been so many Trudeau ethics investigations, Scheer responded “I think it's happening because at the end of the day, a Liberal is going to Liberal, this is just in their nature, it's like the scorpion and the frog, they just cannot help themselves. They believe that there is one set of rules for everyone else, and a special set of rules for them, that allow them to do this kind of thing. It's another example of Justin Trudeau not being able to tell right from wrong.”

Without a criminal investigation, historical precedent suggests that another finding of guilt by the Ethics Commissioner will have little effect upon the Teflon Trudeau brand.