The spotlight in the SNC-Lavalin affair has shifted to rookie Justice Minister David Lametti now that a court has rejected the companyB次元官网网址檚 bid to force the public prosecutor to pursue an alternative to criminal proceedings.
In a ruling Friday, the Federal Court of Canada threw out the Montreal engineering giantB次元官网网址檚 plea for judicial review of a decision by the director of public prosecutions, Kathleen Roussel, to not invite the company to negotiate a remediation agreement.
Remediation agreements are a new legal tool in corporate-corruption cases that force a company to pay stiff restitution but avoid the risk of a criminal conviction that could threaten its financial viability and hurt innocent employees, shareholders and suppliers.
SNC-Lavalin faces accusations it paid bribes to get government business in Libya B次元官网网址� a criminal case that has triggered a political storm and cost Prime Minister Justin Trudeau two cabinet ministers and his most trusted adviser.
LamettiB次元官网网址檚 predecessor as justice minister and attorney general, Jody Wilson-Raybould, has accused Trudeau, his staff and bureaucrats of hounding her last fall to use her legal authority to overrule Roussel and direct the prosecutor to negotiate a remediation agreement with SNC-Lavalin. Wilson-Raybould has said the pressure was B次元官网网址渋nappropriateB次元官网网址� but not illegal.
Asked about the court ruling Friday after an event in Iqaluit, Trudeau repeated his mantra that protecting SNC-Lavalin jobs is important but threw the hot potato of whether to order a remediation agreement in this case into LamettiB次元官网网址檚 lap.
B次元官网网址淎s IB次元官网网址檝e said from the very beginning, that is a decision for the attorney general to make alone,B次元官网网址� he said.
RousselB次元官网网址檚 office informed SNC-Lavalin last Sept. 4 and in writing on Oct. 9 that a remediation agreement would be inappropriate in this case. The company asked the Federal Court to order Roussel to negotiate an agreement.
In her ruling Friday, Federal Court Justice Catherine Kane said prosecutorial decision-making is not subject to judicial review, except for cases where there is an abuse of process.
B次元官网网址淭he decision at issue B次元官网网址� whether to invite an organization to enter into negotiations for a remediation agreement B次元官网网址� clearly falls within the ambit of prosecutorial discretion and the nature of decisions that prosecutors are regularly called to make in criminal proceedings,B次元官网网址� she wrote.
Wilson-Raybould has said she believes she was shuffled from Justice to Veterans Affairs in January as punishment for refusing to intervene in the case. She resigned from cabinet last month. Close friend and cabinet ally Jane Philpott quit as Treasury Board president this week, citing a loss of confidence in the governmentB次元官网网址檚 handling of the SNC-Lavalin affair.
Trudeau tried Thursday to put the political storm behind him, characterizing the rupture with Wilson-Raybould as an B次元官网网址渆rosion of trustB次元官网网址� between her and his office.
Asked Friday why he did not apologize to her or Philpott for his handling of the affair, Trudeau said: B次元官网网址淚 do regret it happened, clearly, and I have made a commitment to learn from it.B次元官网网址�
He said he hadnB次元官网网址檛 spoken to either ex-minister B次元官网网址渋n a whileB次元官网网址� but looks forward to doing so. And he did hold out an olive branch to the former ministers when asked how they can remain in the Liberal caucus and run for the Liberal party in this fallB次元官网网址檚 election, given their lack of confidence in his leadership.
B次元官网网址淚 will remind people that we are a party that values diversity of opinions and perspectives B次元官网网址� A government and a party that reflects a broad range of perspectives is better able to serve as a strong team.B次元官网网址�
For her part, Philpott refused Friday to make any comment on her resignation or her future in the Liberal party. She spoke at an International WomenB次元官网网址檚 Day breakfast at Ottawa city hall, where she began by warning the several hundred attendees they were going to be disappointed if theyB次元官网网址檇 come to hear her talk about the events of the last week.
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Conservative Leader Andrew Scheer dodged questions about whether a Tory government would consider instructing Roussel to negotiate a remediation agreement with SNC-Lavalin.
B次元官网网址淚 can assure you that I would never politically interfere in a criminal court case,B次元官网网址� Scheer said after an event in Rosser, Man. B次元官网网址淚tB次元官网网址檚 one thing for the government to give different tools to our court system, that happens all the time B次元官网网址� but then we let the course of justice run its course and we donB次元官网网址檛 interfere.
B次元官网网址淭hat is a very dark and dangerous path that we do not want to go down as a country.B次元官网网址�
The law allows for remediation agreements and permits the attorney general to issue directives to the director of public prosecutions or even to take over a prosecution altogether.
The furor over SNC-Lavalin has engulfed the government for a month and received saturation media coverage, routinely overtaking other Trudeau events and government announcements. Natan Obed, president of the Inuit Tapiriit Kanatami, expressed disappointment Friday that it overshadowed TrudeauB次元官网网址檚 apology for the governmentB次元官网网址檚 mistreatment of Inuit with tuberculosis in the 1940s, B次元官网网址�50s and B次元官网网址�60s.
B次元官网网址淭he Inuit who were apologized to today matter. This story matters,B次元官网网址� Obed said after Trudeau finished fielding media questions.
Throughout the political uproar, SNC-LavalinB次元官网网址檚 court action has been simmering.
In its Oct. 19 submission to the Federal Court, the company said while the public prosecutor has discretion to decide whether to open negotiations on a remediation agreement, this discretion B次元官网网址渋s not unfettered and must be exercised reasonablyB次元官网网址� under the law.
The company said it provided the prosecutorB次元官网网址檚 office with information showing the objectives of the remediation-agreement law were B次元官网网址渆asily met,B次元官网网址� including details of SNC-LavalinB次元官网网址檚 efforts to implement a world-class ethics and compliance program, as well as complete turnovers of the firmB次元官网网址檚 senior management and board of directors.
The company also cited the B次元官网网址渘egative impact of the ongoing uncertainty related to the chargesB次元官网网址� on its business.
In a Jan. 8 response filed with the court, the director of prosecutions said SNC-LavalinB次元官网网址檚 argument is B次元官网网址渂ereft of any possibility of success and should be struck.B次元官网网址�
While SNC-Lavalin has the right to be assumed innocent and to a fair trial, it has B次元官网网址渘o right or entitlementB次元官网网址� under common or criminal law to be invited to negotiate a remediation agreement, the director said.
Now that a judge has refused to force the governmentB次元官网网址檚 hand, itB次元官网网址檚 up to Lametti to decide what to do.
Jim Bronskill and Joan Bryden, The Canadian Press
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