OTTAWA—Prime Minister Justin Trudeau insists his ejection last week of Jane Philpott and Jody Wilson-Raybould from the Liberal caucus was lawful, and backed by a united caucus.

In a defiant statement earlier Tuesday, Philpott angered many of her former colleagues anew when she asked the Speaker of the Commons to rule Trudeau’s decision to expel the two MPs was not one the prime minister could legally make, and was a “breach of the Parliament of Canada Act.”

Philpott said her privileges as an MP, Jody Wilson-Raybould’s and every other Liberal MP’s rights have been breached as a result.

“This is necessary in order to ensure due process, fairness and that the rule of law is respected,” the Markham-Stouffville MP said.

Trudeau, who is also under fire over his threat to sue Conservative Leader Andrew Scheer for libel, appeared frustrated by the latest salvo from Philpott.

He replied tersely to reporters that “the will of caucus was very clear but I made the decision.”

Hours later he clarified that at the beginning of his government’s mandate in 2015, the Liberal caucus advised the Speaker in a letter “expressing the will of caucus” in regards to the legislation Philpott is now relying on.

“But I can reassure everyone and say very clearly both to Dr. Philpott and Ms. Wilson-Raybould that I consulted extensively with caucus over the preceding weeks, in the day before, and the day of, I talked with all caucus regional chairs and …they wanted the two individuals removed from caucus.”

“It was my decision to make, but the fact that caucus was clear and united on that made my decision easier.”

Philpott relied on legal changes adopted in 2015 that says all parties are required to hold four votes “in a recorded manner” after a general election to decide how caucus disciplinary powers should be wielded and by whom.

The votes determine whether a party agrees to adhere to new rules that give the final say to caucus members, or whether MPs agree to leave that power with the prime minister.

Philpott said the Liberal caucus never properly voted.

She insisted she wasn’t leaking caucus secrets, but instead she cited a Toronto Star report March 21 that quoted another Liberal MP John McKay. He told the Star it had been a consensus of Liberal caucus to leave such decisions up to the prime minister, but he said there was no recorded vote, as the law requires.

Trudeau told his caucus on April 2 at a nationally televised meeting that he had expelled the two MPs because they failed to express confidence in his leadership.

“Whether it’s taping conversations without consent or repeatedly expressing a lack of confidence in our government and in me personally as leader, it’s become clear that Ms. Wilson-Raybould and Dr. Philpott can no longer remain members of our Liberal caucus,” he said. He told them he had met with them earlier and advised they were being expelled.

On Tuesday, Philpott fired back.

“Expulsion should not be his decision to take unilaterally, however the decision had been already made,” Philpott said.

Wilson-Raybould backed Philpott in an emailed reply to the Star, saying that Philpott’s point of privilege “speaks for itself.”

“It is important for members to know the rules that must be followed to expel or readmit a member from the Liberal caucus,” said Wilson-Raybould. “Further, I support the effort to ensure the law is respected and rule of law upheld.”

The Liberal government, and the caucus chair Francis Scarpaleggia, continue to refuse to say whether the votes were taken in “a recorded manner” as the law requires, citing caucus confidentiality.

Philpott says she wants the rules clarified so that MPs’ rights, constitutional convention and the rule of law are upheld.

“Members of Parliament are not accountable to the leader; the leader is accountable to members of Parliament,” said Philpott.

She said it is a constitutional convention so important “that the last parliament decided to take part of an unwritten constitutional convention and enshrine it in legislation to make an amendment to the Parliament of Canada Act.”

Meanwhile, the general secretary for Philpott’s Liberal riding association said she is among about three quarters of the volunteer board members who are stepping down.

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Leea Nutson told the Star Tuesday that she will still vote Liberal in the next election, but that Philpott’s ejection from caucus has killed her motivation to put long hours and energy into volunteering for the campaign again this year.

“It’s not about a protest,” Nutson said. “I don’t have the emotional energy … I have lost my heart and the heart was Jane.”

Philpott’s actions baffled her former colleagues.

“I don’t know what they’re hoping out of it,” said MP Mark Gerretsen, who is chair of the Ontario Liberal caucus.

“It seems as though they’re extremely determined to just cause as much damage as they possibly can.”

He said it further “solidifies” the prime minister’s decision to remove them.

“What we’re seeing now is just more of the same positioning that they were taking but at least now they’re doing it from the proper place to do it, which is sitting as an independent.”

Trudeau, dared by the Conservatives to proceed with his threatened libel lawsuit against Scheer, insisted he would not let untrue statements by the Conservatives go unanswered.

He told the Commons he put Scheer on notice “because he was making false statements and misleading Canadians.”

Trudeau told reporters with the election in a few months, “You can’t be inventing things. You can’t be lying to Canadians and I think highlighting that there are consequences in short term and long term when politicians choose to twist the truth and distort reality for Canadians. It’s not something we’re going to put up with.”

Late Tuesday the Liberal-dominated Commons ethics committee again turned down Opposition motions to reopen a probe into the SNC-Lavalin affair.

With files from Alex Ballingall, Ottawa bureau.

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