Trudeau Broke Law by Kicking Former Ministers out of Caucus, Philpott Says

April 9, 2019 Updated: April 9, 2019

OTTAWA—Former cabinet minister Jane Philpott is asking the Speaker of the House of Commons to examine whether Prime Minister Justin Trudeau violated the law when he expelled her and Jody Wilson-Raybould from the Liberal caucus.

Despite new rules laid out in the Parliament of Canada Act, MPs can’t be kicked out of caucus without a vote, and yet Trudeau made a unilateral decision last week to eject her and Wilson-Raybould, Philpott declared Tuesday as she asked Speaker Geoff Regan to declare that their privileges were violated.

A set of amendments to the act, spearheaded by Conservative MP Michael Chong, was passed in 2015 in an effort to make it more difficult for MPs to be removed from caucus—part of an effort to decentralize political power on Parliament Hill and put it back in the hands of rank-and-file legislators.

Former Canadian Justice Minister Jody Wilson-Raybould leaves West Block on Parliament Hill in Ottawa
Former Canadian Justice Minister Jody Wilson-Raybould leaves West Block on Parliament Hill in Ottawa, Ontario, Canada, on April 2, 2019. (Chris Wattie/Reuters)

If Trudeau had followed the rules, it would have taken 90 Liberal MPs to vote to kick her and Wilson-Raybould out, said Philpott—and yet no such recorded vote was held before the prime minister expelled the pair on the grounds that they had lost the trust of caucus.

“We were expelled prior to the commencement of the Liberal caucus meeting,” Philpott told the Commons from her new perch among Independent MPs.

“The prime minister’s words that night to the Liberal caucus are important to underscore, because expulsion should not be his decision to take unilaterally. However, the decision had been already made.”

Members of Parliament are not accountable to the leader but rather the leader is accountable to members of Parliament, she said. “This is a constitutional convention.”

Prime Minister Justin Trudeau attends a news conference on March 7, 2019 in Ottawa, Canada. (Dave Chan/Getty Images)

Wilson-Raybould believes she was moved out of the prestigious justice portfolio to Veterans Affairs in a mid-January cabinet shuffle as punishment for refusing to intervene to stop the criminal prosecution of SNC-Lavalin on bribery charges related to contracts in Libya.

She has testified that she faced relentless pressure last fall from Trudeau, his office, the top public servant, and others to override the director of public prosecutions, who had decided not to invite the Montreal engineering giant to negotiate a remediation agreement, a kind of plea bargain.

In this file photo from April 13, 2017, Canada's Justice Minister Jody Wilson-Raybould and Health Minister Jane Philpott attend a news conference in Ottawa, Canada. Wilson-Raybould and Philpotss have both resigned from Trudeau's Cabinet over the government's handling of the SNC-Lavalin affair. (Reuters/Chris Wattie)
Former cabinet ministers Jody Wilson-Raybould (L) and Jane Philpott attend a news conference in Ottawa, Canada, on April 13, 2017.(Chris Wattie/Reuters)

Wilson-Raybould quit the cabinet in mid-February and Philpott followed a few weeks later, saying she had lost confidence in the government over its handling of the SNC-Lavalin file. But both MPs remained members of the Liberal caucus until last week.

The revelation that Wilson-Raybould had surreptitiously recorded a phone conversation with Michael Wernick, the clerk of the Privy Council, to bolster her contention of undue pressure was the last straw for Liberal MPs, who openly called on Trudeau to expel the former ministers. On April 2, Trudeau called the secret recording “unconscionable,” proof that the ex-minister could no longer be trusted.

Regan told Philpott he would consider her argument and report back to the House at a later date.

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