Beyond The Commons

Beyond The Commons

Aaron Wherry covers all the goings-on in and around Parliament Hill. Follow Aaron on Twitter: @aaronwherry

'The way in which this case has been handled… has been unfortunate'

by Aaron Wherry on Monday, February 14, 2011 5:18pm - 57 Comments

And so the long and twisted tale of how and why an organization called KAIROS came to have an application for government funding rejected has achieved an entirely new level of spectacle with Bev Oda standing before the House this afternoon to simultaneously apologize, accept responsibility and maintain her innocence.

Her statement, delivered shortly after Question Period, below.

Mr. Speaker, I would like to take this opportunity to set the record straight regarding the funding application for KAIROS. I wish to clearly inform the House of the matter and clear up any misunderstandings that exist.

The CIDA officials did forward a document in which they sought approval of the recommendation for funding of the KAIROS proposal, but ultimately the decision to not provide funding was mine, as Minister of International Cooperation…

As you know, Mr. Speaker, departments do make recommendations to ministers and ministers, in carrying out their responsibilities, can agree with those recommendations, or, as is the case with this issue, they can disagree. In this case the process in place requires the department to make recommendations, not to make the decision.

There was no decision taken by the department to provide funding. It was only a recommendation. It was my decision to disagree with the recommendation based on discussions with advisors. I was fully aware that my decision was not aligned with the recommendation of the department.

Mr. Speaker, in the matter before you the opposition has asked you to rule on whether I intentionally or knowingly misled the House by saying it was a department decision.

At no time have I stated that the decision for funding was that of the department. I have repeatedly and clearly stated in response to questions in the House and at committee that the funding decision was mine. The “not” was inserted at my direction.

Given the way the document was formatted, allowing only for concurrence, this was the only way to reflect my decision. If some were led to conclude that my language implied that the department and I were of one mind on this application, then I apologize.

I would, Mr. Speaker, indicate to you that the way in which this case has been handled, including by myself, has been unfortunate.

In conclusion, let me be clear. In the memo the department did make a recommendation to me, as the minister for funding. My decision, as the minister, did not concur with the recommendation of the department. My instructions were to indicate on the document my decision not to provide funding.

I have consistently taken responsibility for that decision. I have consistently informed the House of the government’s aid and effectiveness agenda stating that our government’s policy is to achieve impact, making a sustainable difference in the lives of those it is intended to help, and in no way have I intentionally or knowingly misled the House or the committee.

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  • McC_

    a curious understanding of the word "consistently" seems to be in play here.

  • CAPS

    So what her reason for deciding against the recommendation of CIDA? Was it as Kenney suggested that KAIROS is somehow anti-Israel? If not, then what? If CIDA recommended that the KAIROS proposal was worth funding under what criteria did the Minister then decide that it wasn't?

    There is still a lot that stinks with this whole affair.

  • tedbetts

    For a government that purports to be "tough on law", sections 336 and 338 of the Criminal Code of Canada seem pretty "cut and dry".

    What I'm not clear about is whether Ms Oda's ministerial powers allow her to insert "NOT" directly into the Criminal Code or if that is Stephen "I make the rules" Harper's job.

    What I am pretty clear about is that, if ministerial responsibility has the teeniest tinyest shred of relevance anymore, she has no choice but to resign and, no doubt, the opposition parties will go after her. In other words, she has the safest job in cabinet after Harper.

    • tedbetts

      For ease of reference:

      Forgery

      366. (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

      (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or

      (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

      Making false document

      (2) Making a false document includes

      (a) altering a genuine document in any material part;

      (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or

      (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

    • tedbetts

      For further ease of reference, and I think more specifically pertinent to what Oda has done:

      Uttering forged document

      368. (1) Every one who, knowing that a document is forged,

      (a) uses, deals with or acts on it, or

      (b) causes or attempts to cause any person to use, deal with or act on it,

      as if the document were genuine,

      (c) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

      (d) is guilty of an offence punishable on summary conviction.

      • avr

        You forgot to use the phrase "frogmarched out of the House in handcuffs." Keep those partisan revenge fantasies consistent, man!

        • LdKitchenersOwn

          I'm confused, so are we supposed to be tough on crime or not?

          • noob_goldberg

            Perhaps this is going to be one of those unreported crimes we keep hearing about.

          • Holly Stick

            It better get reported, and thoroughly investigated, too.

        • craigola

          I don't think he forgot the phrase so much as "frogmarched out of the House in handcuffs" is not prescribed as a punishment for the offence. The fantasy appears to be yours.

      • Healthcare Insider

        As countess people have pointed out, in order for the document insert to be in anyway valid, it would have to had been initialled – it was not. Now a person doing a forgery would have had no scruples about initializing the change on behalf of the people who prepared and signed the document. That would have made the change legal and valid. Then, she would have truly done something criminal.

        • LdKitchenersOwn

          So, then, if the "not" is not "legal and valid" because it was not initialled, does that mean that Oda actually approved the funds! LOL

          • MostlyCivil

            "We can't arrest her."

            -"Why not, Corporal?

            "She didn't initial the change."

            -"So, she skates because she's not smart enough to properly forge a government memo?"

            *cue awkward silence*

      • briguyhfx

        Too bad she's not in Nova Scotia, where we actually apply forgery statutes. (admittedly a recent feature of our government, given the ~140 years of thievery prior to 2006)

  • tedbetts

    This is pretty funny.

    • Holly Stick

      It is g funny. How about some ads saying "Stephen Harper, a NOT Leader"

  • brooster2

    I'm waiting for the usual Con apologists, practitioners of cognitive dissonance, and experts in rationalization leap to Oda's defense here.

    I'm not waiting for Oda to resign or for Harper to rebuke her. That's not in the CPC playbook unless the offender's name is Guergis.

  • lgarvin

    What a magnaniomous gesture by Ms. Oda.

    If some were led to conclude that my language implied that the department and I were of one mind on this application, then I apologize.

    Let me parse that for you; " If any of you idiots thought I was telling the truth previously then I am honestly sorry for your ignorance. I really am."

    • McC_

      indeed.

      • lgarvin

        I sometimes wish I were a cartoonist because as I was reading that speech I kept getting this image of Ms. Oda at the wheel of the Exon Valdez, – with a case of Scotch at her feet – saying " I can't help but feel that this unfortunate situation is partly my fault."

        • noob_goldberg

          Or, in her best Tomacco-selling Homer Simpson impersonation: "I really wish I could have made a difference, but I'm only one woman. I mean, what could I have done as an individual? I wouldn't know where to begin."

  • TimesArrow

    "The “not” was inserted at my direction".

    I really haven't been following that closely, so please correct me if i'm wrong. Did or did not the minister previously state that she had no knowledge of or anything to do with inserting the "not"? Even if i'm wrong and she did as she now states insert the "not", isn't that still highly inappropriate if not illegal?

    • LdKitchenersOwn

      On your last point I'd say highly inappropriate at least.

      On the first point, Oda MAY have some tiny bit of wiggle room left I think. I'm not sure she ever explicitly said she didn't know HOW the "not" got there, just that she didn't know WHO put it there. It's a pretty thin semantic point, but I've seen cabinet ministers navigate through trouble on less. Minister Oda somehow failed to mention before today that whatever human being wrote the word, they were doing it on her orders, but I think that technically all she ever said was that she didn't know who put it in there, not that she didn't know how it got there (though I stand to be corrected). I would have expected the Minister to have been saying "I don't know who actually wrote it, but I told them to add that in" from the very beginning if that's the case, but if all she ever said was "I don't know who wrote that" she could technically still be telling the truth. Barely.

      It does seem exceedingly strange to suggest that having ordered the document modified, the Minister is nevertheless now completely incapable of telling us who carried out her order, but I suppose it's not metaphysically impossible for that to be true. Maybe now that the Minister has stated publicly that she ordered that the change be made, the person who actually made the change, on the Minister's orders, will come forward?

      • frobisher

        …but if all she ever said was "I don't know who wrote that" she could technically still be telling the truth. Barely.

        Ah, the 'ol 'Ignorance of Delphic exhortations' argument. Sure to let her scrape by and keep a limo, at least!

        • Holly Stick

          Or she is covering up for Harper, or possibly for Kenney.

  • danR

    Hey, we're schooling Karzai on fair and open and uncorrupt democracy and openness and transparency, and he's schooling us! We're learning new corruption tricks.

    Who says all those billions thrown at Afghanistan are a waste of money? We're getting value!

  • LdKitchenersOwn

    Given the way the document was formatted, allowing only for concurrence, this was the only way to reflect my decision.

    The document basically said "If you agree with our recommendation, sign below". Maybe I'm being naive, but if the Minister didn't agree with their recommendation, could she not have indicated that simply by not signing below? Perhaps even writing a little note saying "I don't agree with this recommendation, so that's why you don't see my signature here". Hell, even just no signature and a big NOT APPROVED stamped across the middle of the document.

    I just can't fathom a scenario in which the appropriate thing to do in this case would be to insert the word "not" into the document, completely reversing the recommendation's meaning, and then signing the changed document to indicate your approval of the opposite of what your officials actually recommended.

    Also, given all the time that's passed, and how much "How on Earth did that get there?" we've been getting from the CPC, how shocking is it that it turns out that the "not" that no one could account for was actually put there in response to an explicit Ministerial order?

    • EeeOar

      This was a screwup, no doubt about that, but still…..

      The "not signing" option….not really a great option – presumably the document is returned to the department officials, and then what are they to assume? Yes? Maybe? No? Did the minister even see it?

      The "little note" option…better, but why waste time with 10 words when 1 will do….and how does Oda take "credit" for the little note? By signing on the line? By signing under the line? By signing next to the note? Etc

      The "NOT APPROVED" option…..good, but again, with her signature somewhere/anywhere to indicate that she concurs with the NOT APPROVED stamp.

      As I said on some other thread, its pretty clear to me that she did not want to approve the funding, she was actually willing to stand up for that position, but she just put that down on paper in a very, very clumsy manner. Then when questions started getting asked she got flustered and told a little fib, which of course morphed into a bigger set of problems and further hair splitting and intentional misdirection and so on.

      So, criminal? Not so much. Clumsy? You betcha.

      • Healthcare Insider

        Exactly EeeOar! What is more is that a lot of people can see themselves making this kind of clumsy mistake and they are horrified to think they would be a) sent to jail or b) fired.
        She admitted what happened with regard to the document. Why is it necessary now to take a pound of flesh.

        • LdKitchenersOwn

          She admitted NOW what happened with regard to the document. Back in December, all anyone could get her to say was that she did not know who wrote the word "not" on the document. She CERTAINLY never said it was put there on her orders, and gave the distinct impression that she had no idea how it got there.

          I'm sorry, but explaining that you ordered the inclusion of the word "not" into a document after people have been asking how that word got there for literally MONTHS is hardly owning up to a clumsy mistake.

          • EeeOar

            Hmmmmm…

            Part of my thinking is around the alternate story that you are sort of pointing towards – Oda receives a recommendation that she does not want to support or has been told to not support or whatever, and she thinks "I know, I'll just get one of my office staff to modify the recommendation (handwritten will be fine) and the department staff are sure to fall under the bus for me if anything gets questioned."? That theory is just too bizarre, not that it couldn't have happened that way, just that I still believe that my version hangs together better.

            Again, as mentioned elsewhere, think about the minister in question here – I can easily see her getting rattled when her very odd technique gets initially questioned all those months ago, and then she quickly reverts to the technique that she sees demonstrated in the house day in and day out: intentionally mislead, obfuscate and misdirect.

          • Holly Stick

            Or she signed it because she was agreeing to the funding, and then she was over-ruled by someone higher up the food chain, such as Harper and was forced get someone to write "NOT"? Seems to me a better explanation, Occam's razor and all that.

          • EeeOar

            Sure, totally possible that she got her "marching orders" confused, and had to get a staffer to insert a NOT after she signed, I'd wager a twoonie on that explanation.

          • Holly Stick

            Consufion is one possible explanation, being ordered to change it afterwards is I think even more plausible.

      • LdKitchenersOwn

        A Minister can't say "your paper work is horrid and you've given me no good way to disapprove of your recommendation. Re-write the recommendation and re-submit it"???

        • EeeOar

          Of course they can, but just take a moment to think about whom we are talking….tools in sheds and so on.

    • Leo

      Re post from The Commons thread:

      This whole NOT thing has been spun to death. KAIROS has been funded for 35 years and it is a shock to them and CIDA to lose it. The CIDA officers signed the document in Sept. 25/09 and Oda signed Nov. 27/09 with the NOT added as in funding declined. Yes she should have initialled it. They now have a new form so this will not happen in the future.

      "It is not important who wrote the note," Jessica Fletcher wrote in an email. "The fact is, the minister agreed not to fund the specific project. Obviously this was noted before she signed the document."

      Ms. Fletcher downplayed the significance of the change, saying the document obtained by Embassy represented "the old format" of approval memos.

      "The new format now has two options for the minister: Agree with recommendation or Do Not Agree with recommendation," she said. "Now the appropriate box is checked off rather than a handwritten note." http://embassymag.ca/page/view/kairos-10-27-2010

      • noob_goldberg

        Oda was well within her power to not fund the organization, and no one here is advocating otherwise. However, she was not within her power to change the document that two people already had signed, and then blame CIDA for the decision.

        Your attempt at misdirection is valiant, but unsuccessful. You're using an 'ends justifies the means' argument, which I'm pretty sure is in direct contradiction to the entire platform of the Conservative Party of Canada in 2006. Otherwise one could easily say "who cares about Adscam, Quebec stayed a part of Canada so it doesn't matter how we accomplished it".

        • Holly Stick

          And did she agree to the funding first and add NOY afterwards? Was she ordered to alter it?

          • noob_goldberg

            I highly doubt we will ever know the answer to that question, Holly Stick. And if we do receive an 'answer', it will not be some big fish above Oda who dictated those terms, but merely an 'overzealous staffer' who exceeded his or her pay grade.

  • Adrian MacNair

    I don't understand why, when a government is introducing $100 billion of new debt by 2015, any explanation is needed at all.

    • Holly Stick

      Well, you wouldn't.

    • BCer in Mtl

      Right you are! After all its not like they want to blow billions on an untendered contract for an untested aircraft of questionable fitness for Canada's needs. If they went and did that, I am sure they'd explain it!

    • Thwim

      I don't understand why, when a government is introducing $100 billion of new debt, they're scared to take credit for 6 months for cutting expenditures, and lie about the reasoning at the time.

    • briguyhfx

      Two words: untendered contracts. Look into it.

  • noob_goldberg

    Does anyone else find it quite amusing that the only national paper not carrying even a whiff of this story is the National Post?

    Today's polls are plastered all over the site, but not even a mention of Oda that I could find.

  • Richard_S_Argent

    Yeah, well, whatever man….like, don't you remember about, like, adscam? Adscam man!

    Sincerely,
    The Dude.

  • avr

    I think you mean TORTURE TORTURE TORTURE TORTURE TORTURE TORTURE, etc. How well did that end up working?

  • frobisher

    You'll have to ask the tortured. 'Cause we got squat, intelligence-wise.

  • Richard_S_Argent

    If you think for a second that I am pleased about how my parliamentarians have bungled everything about that file (including the investigation) then you are sorely mistaken.

  • Holly Stick

    Oda said before that she signed it before the word NOT was added, so she was clearly approving of the funding. So someone probably ordered her to change it. Was it Harper?
    http://www.anglicanjournal.com/nc/news-update-ite…
    http://twitter.com/canadiancynic/status/372949192…

  • Holly Stick

    I guess if it was her own boneheaded choice, Harper could fire her. But if she should happen to be covering up for someone like him, then perhaps he might find it a little more difficult to fire her.

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