SNC-Lavalin affair

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The SNC-Lavalin affair is a political dispute in Canada involving allegations of political interference and obstruction of justice by the Prime Minister's Office (PMO). MP Jody Wilson-Raybould alleged the PMO pressured her to intervene in an ongoing criminal case against Quebec-based construction giant SNC-Lavalin while she was Minister of Justice and Attorney General, before she was shuffled to another cabinet position in January 2019. The Trudeau government maintained that there was no undue pressure or law broken, that a deferred prosecution agreement (DPA) could save jobs, and that the situation resulted from misunderstanding and an "erosion of trust".

The affair became public when The Globe and Mail published an article on 7 February 2019. As it unfolded, Wilson-Raybould and fellow Liberal MP Jane Philpott resigned from cabinet, and in April were expelled from the Liberal Party caucus. The Prime Minister said that the expulsions resulted from a loss of trust between the two and the rest of the Liberal party that could eventually divide the party. Opposition parties called for an investigation. Wilson-Raybould, Gerald Butts, former Principal Secretary to Trudeau, and Michael Wernick, Clerk of the Privy Council, testified at Justice Committee hearings; Wilson-Raybould said there was a breach of prosecutorial independence when members of the government pressured her to offer SNC-Lavalin a DPA instead of criminal prosecution. Wilson-Raybould was criticized for secretly recording a conversation she had with Wernick while she was Attorney General.

Background[edit]

SNC-Lavalin bribery charges[edit]

On 19 February 2015, the Royal Canadian Mounted Police (RCMP) and the Public Prosecution Service of Canada (PPSC) laid charges against SNC-Lavalin Group Inc. and two of its subsidiaries, SNC-Lavalin International Inc. and SNC-Lavalin Construction Inc. Each firm was charged with one count of fraud under section 380 of the Criminal Code, and one count of corruption under Section 3(1)(b) of the Corruption of Foreign Public Officials Act. The charges allege that between 2001 and 2011, SNC-Lavalin and two of its units paid CA$48 million in bribes in Libya to officials in the government of Muammar Gaddafi. They also allege that at the same time, the company defrauded Libyan organizations of CA$130 million. SNC-Lavalin announced the same day they were contesting the charges and planned to enter a non-guilty plea.[1][2]

In Canada, bidders for contracts with Public Works and Government Services Canada must conform to the Integrity Regime legislation passed in July 2015. The Integrity Regime is designed to exclude suppliers that have ethics-related criminal convictions, such as bribery, price fixing, or lobbying offences.[3][4] If convicted, SNC-Lavalin could be banned from bidding on federal government contracts for up to 10 years.[3][5]

Following the 2015 Canadian federal election, with a Liberal government led by Justin Trudeau coming to power, the company started a lobbying effort to avoid criminal prosecution by having the government change the Criminal Code. The effort lasted twenty months, and involved 51 meetings with government officials and MPs,[6] as well as officials in the opposition leaders' offices and in the newly elected Coalition Avenir Québec government.[7] Targets of SNC-Lavalin's lobbying included the Minister of Public Services and Procurement, Carla Qualtrough, as well as officials in the Prime Minister's Office (PMO).[8] The company advocated for the rapid adoption of legislation to allow a new type of sentencing agreement called deferred prosecution agreement (DPA) and changes to Ottawa's Integrity Regime to amend the 10-year contract ineligibility for suppliers with ethics-related criminal convictions.[8]

In May 2018, former SNC-Lavalin Executive Vice President Normand Morin[9] was charged for illegal donations to Canadian federal political parties, on recommendation from the Director of Public Prosecutions, in the Court of Quebec. The charges, which were unrelated to the federal charges against the company, allege that from 2004 to 2011, Morin orchestrated and solicited political donations from employees or their spouses to Canadian federal political parties anonymously on behalf of SNC-Lavalin, to be reimbursed afterwards. The amounts paid included about CA$110,000 to the Liberal Party and CA$8,000 to other Canadian political parties.[10][11] In November 2018, Morin pleaded guilty to two of the five charges, and was fined $2,000. The remaining three charges were dropped by the prosecution.[12]

On 9 October 2018, SNC-Lavalin received a letter from the Director of Public Prosecutions (DPP) informing the company that a decision has been made not to invite the company to negotiate a DPA. The latter cited "nature and gravity" of the case, "degree of involvement of senior officers of the organization", and the fact that SNC-Lavalin "did not self-report" the alleged crimes as the reasons.[13][14]

Later in 2018, SNC-Lavalin brought a case to the Federal Court to compel the Public Prosecution Service to offer it a DPA. In a decision issued on 8 March 2019, the court analyzed DPA legislation and affirmed that a decision not to offer a DPA is within the discretion of the prosecutor. As part of the ruling, the courts reconfirmed the principle of prosecutorial independence, and SNC-Lavalin's application to compel a DPA was struck at an early stage as having "no reasonable prospect of success".[15][16]

In April 2019, CBC News reported that by early 2019, SNC-Lavalin's Board of Directors had knowledge of some financial irregularities and red flags concerning the company's activities in Libya. Concerns had been raised by the board about the cost of trips related to Saadi Gadhafi, and the board had issued Stéphane Roy, the company's financial controller, a "serious warning". The board had also expressed concerns about the amounts of cash kept by SNC's Libyan office, at that time approximately $10 million, according to the company's chief financial officer. In May 2009, the board ordered that no more than $1 million in cash should be kept in the company's safe in Libya.[14]

Introduction of deferred prosecution agreements[edit]

In June 2018, Prime Minister Justin Trudeau's government passed an omnibus budget bill, which contained amendments to the Criminal Code. The changes introduced a type of sentencing agreement called a deferred prosecution agreement (DPA). Through a DPA, sentencing and remediation agreements are negotiated, under the supervision of a judge, between federal prosecuting authorities and a corporation charged with an offence, usually in the context of fraud or corruption. Following approval and successful completion of the terms of the agreement, a company may apply for a judicial stay of criminal proceedings, and thereby avoid a criminal prosecution, trial, and penalties.[17][18]

The inclusion of the Criminal Code amendments in the budget legislation raised concerns from MPs from both the Liberal party and opposition parties. Liberal MP Greg Fergus told the House of Commons Finance Committee he was concerned the change appeared to be designed to give corporations implicated in financial crimes "a little slap on the wrist", saying, "It seems we're letting those with the means have an easier time of it than those who don't have the means." According to NDP MP Pierre-Luc Dusseault, the government was not willing to split the Criminal Code amendments from the budget to be passed as a separate bill. Dusseault also said he thought the change was intended to be made quietly. A spokesman for then-Justice Minister Raybould said prosecutors would be responsible to decide whether a company is eligible for the agreements and negotiate the terms, operating at arm's length from the government.[19]

Prosecutorial independence[edit]

Prosecutorial independence is a well established principle of Canadian constitutional law. In Miazga v Kvello Estate, the Supreme Court of Canada held, "The independence of the Attorney General is so fundamental to the integrity and efficiency of the criminal justice system that it is constitutionally entrenched. The principle of independence requires that the Attorney General act independently of political pressures from government."[20] Similarly, in Krieger v Law Society of Alberta, the Supreme Court held, "It is a constitutional principle that the Attorneys General of this country must act independently of partisan concerns when exercising their delegated sovereign authority to initiate, continue or terminate prosecutions."[21] The role of the Attorney General of Canada is bound by the so-called "Shawcross doctrine", based on a statement by Lord Shawcross in 1951. That statement outlines the parameters of what the Attorney General can and cannot take into account when making a decision. The doctrine states that the Attorney General must take into account matters of public interest; that assistance from cabinet colleagues must be limited to advice; that responsibility for the decision is that of the Attorney General alone; and that the government is not to put pressure on him or her.[22][23][24]

In practice, prosecutorial independence is enforced by maintaining an independent office responsible for prosecutions. Until 2006, Canada's Federal Prosecution Service was located within the Department of Justice, and, thus, was vulnerable to political interference from the Prime Minister or Cabinet.[25] The PPSC was established in 2006, following the enaction of the Director of Public Prosecutions Act, as an agency independent of the Department of Justice.[26][27]

Under the Act, the Director of Public Prosecutions (DPP) is responsible for all federal criminal prosecutions. However, the Attorney General can issue a directive to the DPP regarding an ongoing prosecution or take control of a prosecution. Such directives must be provided in writing and published as a notice in the Canada Gazette.[26][27][28]

Discovery and initial reactions[edit]

On 7 February 2019 The Globe and Mail reported on allegations made by unnamed sources that beginning in October 2018, the Prime Minister's Office of Justin Trudeau put pressure on then-Minister of Justice and Attorney General Jody Wilson-Raybould to intervene in ongoing criminal proceedings against SNC-Lavalin and abandon prosecution. Wilson-Raybould refused. She was moved to the Veterans Affairs Ministry in a Cabinet shuffle on 14 January 2019.[29][30] The move was widely seen as a demotion, and there was speculation at the time about the reason for it.[31][32][33][34][30] At the time, both Trudeau and Wilson-Raybould denied she had been demoted.[35][36]

The article stated that after criminal and corruption charges were brought against SNC-Lavalin in October 2017, the company approached officials in Ottawa, including members of the Prime Minister's Office, to secure a deferred prosecution agreement instead. A criminal verdict against SNC-Lavalin would lead to the company being barred from federal contracts for 10 years, and possibly result in its bankruptcy.[29][37] According to the article, sources in the Liberal Party said Wilson-Raybould knew the DPA legislation in the Criminal Code was intended to help SNC-Lavalin avoid a criminal conviction.[29] Director of Public Prosecutions, Kathleen Roussel, had rejected the request for a DPA in October 2018.[29][38] As Attorney General, Wilson-Raybould had the power to overrule that decision, and would have had to do so in writing, in the Canada Gazette.[27][28] The article said that sources claimed Wilson-Raybould had refused to overrule Roussel's rejection because she trusted Roussel's judgment, and to avoid even the perception of political interference. The Prime Minister's office said in an email to The Globe and Mail that it had not directed the attorney-general to draw any conclusions on the matter.[29]

Over the next few days after publication of the article in The Globe and Mail, opposition politicians and media began to wonder if the reason for her removal from the Minister of Justice and Attorney General position was her refusal to prevent SNC-Lavalin prosecution.[39][40] Trudeau denied the allegations, telling reporters, "The allegations reported in the story are false." He stated, "At no time did I or my office direct the current or previous attorney-general to make any particular decision in this matter."[41][42] Wilson-Raybould's replacement as Minister of Justice and Attorney General, David Lametti, said in the House of Commons that the Prime Minister's office had not given directives to or put pressure on either of them.[43] Wilson-Raybould would not comment on the article, saying she was bound by solicitor-client privilege.[39]

On 11 February, responding to a request by NDP MPs, Conflict of Interest and Ethics Commissioner Mario Dion said he would open an investigation into the allegations of political interference by the PMO. In a letter to NDP ethics critic Charlie Angus and MP Nathan Cullen, Dion said he had "reason to believe that a possible contravention of section 9 [of the Conflict of Interest Act] may have occurred".[44][45] That section bars public officials from attempting to influence decisions which could "improperly further another person's private interests".[44]

Wilson-Raybould resignation[edit]

In a press conference, the same day as the ethics investigation was announced, Trudeau said he had full confidence in Wilson-Raybould and that they had spoken the previous fall, when he told her directly that decisions regarding the Director of Public Prosecutions were hers alone. Trudeau also said he respected her view that she could not comment due to privilege, adding, "I also highlight that we're bound by cabinet confidentiality. In our system of governance, her presence in cabinet should speak for itself."[45] Wilson-Raybould resigned from Cabinet that evening.[46][47]

In her resignation letter released the following day on 12 February, Wilson-Raybould reaffirmed her commitment to serving in Parliament, saying she had retained Thomas Cromwell, the retired Supreme Court of Canada Justice, and was getting advice on what she was legally allowed to discuss publicly.[48] Trudeau said he was "puzzled and obviously disappointed" by the resignation, telling reporters that "if anyone, particularly the attorney-general, felt that we were not doing our job responsibly and according to all the rules as a government, it was her responsibility to come forward to me this past fall and highlight that directly to me. She did not."[49]

In response to the developing events, the House of Commons Justice Committee met on 13 February to vote on hearing testimony from the PMO officials involved, as well as Wilson-Raybould herself. What would be the first of multiple hearings originally only had Lametti, Deputy Minister of Justice Nathalie Drouin, and Michael Wernick as witnesses, as the Liberal majority on the committee blocked attempts by opposition MPs to have Wilson-Raybould testify.[50]

Three days after the press conference where Trudeau said Wilson-Raybould had not talked to him about any concerns, on 15 February, Trudeau told reporters that Wilson-Raybould had come to him the previous fall to ask if he was directing her to make a particular decision on the file, but that he had told her the decision was her own.[51] During the same press conference, he denied again that Wilson-Raybould's removal from the Attorney General position was due to her refusal to drop prosecution of SNC-Lavalin, saying, "If Scott Brison had not stepped down from cabinet, Jody Wilson-Raybould would still be minister of justice and attorney-general of Canada."[32]

Anonymous sources complained Wilson-Raybould "had become a thorn in the side of the cabinet, someone insiders say was difficult to get along with, known to berate fellow cabinet ministers openly at the table". The Union of British Columbia Indian Chiefs argued that this was a "racist and sexist" attack on Wilson-Raybould, prompting Trudeau to apologize for the remarks.[52]

Hearings[edit]

During an emergency meeting on 13 February 2019, the Liberal-dominated Justice Committee of the House of Commons voted down opposition bids to hear from the former attorney general and key members of the Prime Minister's Office, stating that the role of the committee is "not an investigative body". Instead, it was proposed to study some of the legal issues at the heart of the matter, such as the Shawcross doctrine and deferred prosecution agreements. As a result, only current Justice Minister David Lametti, Deputy Justice Minister Nathalie Drouin, and Privy Council Clerk Michael Wernick were originally invited to testify.[53]

The Canadian Senate debated a 28 February motion to launch its own study into the affair, but it was not endorsed by the majority of Senators.[54][55][56]

Hearing on 21 February 2019[edit]

In response to the claims, the Justice Committee held a series of 3 public hearings on the alleged interference. Wernick, the Clerk of the Privy Council, appeared before the committee. He disputed the allegations of undue pressure on Wilson-Raybould, and stated that The Globe and Mail article contained errors and unfounded speculation.[57][58]

Hearing on 27 February 2019[edit]

Former Canadian Attorney General Jody Wilson-Raybould

Wilson-Raybould testified before the committee, corroborating the report by The Globe and Mail and detailing the alleged obstruction campaign.[59][60]

In her prepared statement, Wilson-Raybould said: "For a period of approximately four months between September and December 2018, I experienced a consistent and sustained effort by many people within the government to seek to politically interfere in the exercise of prosecutorial discretion in my role as the Attorney General of Canada in an inappropriate effort to secure a Deferred Prosecution Agreement with SNC-Lavalin." She provided details and dates of the meetings, and named eleven people involved with the alleged efforts to interfere, including Trudeau, Wernick, Gerald Butts, Katie Telford, Bill Morneau, and other high-ranking officials in the PMO and Ministry of Finance.[59]

Despite the attempts to convince her to reconsider her stance given the possible economic and political consequences, Wilson-Raybould said she was "undaunted in her position to not pursue a Deferred Prosecution Agreement". She maintains the belief that despite the pressure she felt, she did not believe what transpired was illegal.[60] When asked why she did not resign from her position during the time she said improper pressure was being applied, Wilson-Raybould said: "I was, in my opinion, doing my job as the attorney general. I was protecting a fundamental constitutional principle of prosecutorial independence and the independence of our judiciary. That's the job of the attorney general."[60]

Wilson-Raybould also reiterated that Order in Council[61] leaves in place various constraints that prevent her from speaking freely about matters that occurred after she left the post of Attorney General, communications while she was Minister of Veterans Affairs, her resignation from that post, and her presentation to Cabinet after her resignation.[59] She stated she would be willing to testify further if released from those restrictions.[59]

Hearing on 6 March 2019[edit]

Gerald Butts, the former Principal Secretary to Justin Trudeau

On 6 March 2019, the Justice Committee held a hearing on the claims, at which Butts testified. Butts, who had been implicated in the affair by Wilson-Raybould at the previous hearing, served as the Principal Secretary to Trudeau in the PMO.[62]

During his testimony, Butts said that he did not want to discredit Wilson-Raybould's testimony, but wanted to offer his own "different version of events". He stated his belief that "nothing inappropriate occurred" and that "nothing inappropriate was alleged to have occurred until after the cabinet shuffle". Butts said that any conversations between Wilson-Raybould and officials in the PMO were intended only to ensure that she understood the full potential impact of a criminal conviction of SNC-Lavalin, and that at no time did anyone in the PMO attempt to influence Wilson-Raybould's decision. "It was not about second-guessing the decision. It was about ensuring that the attorney general was making her decision with the absolute best evidence possible", Butts testified. Butts also testified that he believed a period of 12 days was too compressed for such an important decision.[62]

Butts further stated that no concerns were raised by Wilson-Raybould until after 12 January cabinet shuffle had occurred: "If this was wrong, and wrong in the way it is alleged to have been wrong, why are we having this discussion now and not in the middle of September, or October, or November, or December?"[62]

Liberal members of the committee defeated a motion to produce all government communications between Butts and other parties mentioned in the SNC-Lavalin affair.[63]

At the hearing, Wernick testified for a second time, and stated that the decision to consider a DPA is never final, and that he was only reminding Wilson-Raybould to take public interest considerations into account.[64]

Along with Wernick, Drouin also testified at the hearing. When asked, Drouin stated that it was not for her to say if the time taken for the due diligence review was adequate or not, and that she was not part of the due diligence exercise carried out by Wilson-Raybould regarding this case. Drouin also replied that "It's the responsibility of a prosecutor to assess and reassess ... in light of new facts and evidence put in front of the prosecutor."[64]

Drouin also said that at the end of October 2018, the Privy Council Office (PCO) asked her department for advice on the potential impact on SNC-Lavalin if a deferred prosecution agreement was not pursued. That advice was "not provided to PCO at the request of the minister's office".[64]

Hearing on 13 March 2019[edit]

During the Committee hearing, Liberal MPs blocked an effort by the opposition to immediately invite Wilson-Raybould back to speak further about the government's effort to put pressure on her, despite the former justice minister's willingness to testify again. Instead, Liberal members voted to reconvene the Justice Committee in-camera on 19 March to consider whether they will invite Wilson-Raybould and other senior government officials to testify.[65]

Conclusion of Justice Committee hearings[edit]

On 19 March 2019, the Justice Committee held an in-camera meeting where Liberal members introduced and passed a motion to end any further probe into the SNC-Lavalin scandal, indicating that they preferred to leave any remaining investigation to the ethics commissioner. In a written letter to the committee chair, the Liberal members stated that "No witness was prevented from providing evidence on any relevant information during the period covered by the waiver", and concluded that "Canadians can judge for themselves the facts, the perspectives and relevant legal principles".[66] In total, the Justice Committee held 11 meetings over five weeks, accumulating 13 hours of testimony from 10 different witnesses.[67] However, the committee had not yet heard from some individuals implicated in the controversy by Wilson-Raybould, including Telford, Trudeau's chief of staff, and senior staffers Ben Chin, Elder Marques, and Mathieu Bouchard. The Conservative Party and New Democratic Party (NDP) also maintain that Wilson-Raybould should have been called back to committee to respond to testimony from Wernick and Butts.[68]

Further submissions from Wilson-Raybould[edit]

On 29 March, the Justice Committee released a recording, made secretly by Wilson-Raybould, of the telephone call between her and Wernick that took place on 19 December 2018. In it, Wernick told Wilson-Raybould that Trudeau wanted a DPA for SNC-Lavalin "one way or another". Wilson-Raybould responded that the request was inappropriate political interference in the justice system and that she was not comfortable having the conversation.[69][70][71] The recording was accompanied by a submission of forty pages supplementing her original testimony, including copies of texts and emails, outlining Wilson-Raybould's view of events, and their implications for prosecutorial independence.[72][71] In her submission, she also explained that her decision to resign from the cabinet was prompted by Trudeau's suggestion the day earlier that "her continued presence in his cabinet speaks for itself".[71]

The PMO responded that Wernick never briefed Trudeau on this conversation.[73] Wernick issued a statement that he did not brief the Prime Minister on the call due to the Holiday season break, and that he never discussed SNC again with the PMO until the story was leaked in early February.[74]

Reactions and aftermath[edit]

On 11 February 2019, after mounting pressure from the Conservatives and NDP, Mario Dion, Canada's Ethics Commissioner, launched a federal investigation into the alleged interference.[75] The scope of the ethics review is to look into any possible contravention of rules prohibiting public office holders from using their position to influence decisions that could further another person's private interest.[76]

Elizabeth May, the leader of the Green Party, called for an independent, RCMP-led investigation into the allegations, stating that the "Ethics Commissioner is not the right place to seek such an inquiry; neither is the justice committee".[77]

Following the Justice Committee hearings on 27 February, Andrew Scheer, the Leader of the Official Opposition, issued a statement calling for Trudeau's resignation, saying that he had "lost the moral authority to govern".[78] On 28 February, Scheer sent a letter to RCMP Commissioner Brenda Lucki, calling for an investigation into Trudeau's actions in relation to the controversy.[79]

Trudeau gave a short press conference in Montreal following the hearings on 27 February, denying the allegations. "I and my staff always acted appropriately and professionally", he said. "I completely disagree with the characterization of the former attorney general about these events ... The decision around SNC-Lavalin was Ms. Wilson-Raybould's and hers alone. This decision is the attorney general's alone."[80]

Following Butts' testimony, Trudeau gave a press conference in Ottawa on 7 March. He again denied all allegations of inappropriate or illegal pressure, and said that an "erosion of trust" and "breakdown in communications" had developed between him, his staff and the former Attorney General.[81] Trudeau also confirmed that during a 17 September meeting he asked Wilson-Raybould to "revisit her decision" not to negotiate an out-of-court settlement with SNC-Lavalin,[82] and asked his staff to follow up regarding Wilson-Raybould's final decision.[83]

On 11 March, the OECD Working Group on Bribery, of which Canada is a member, wrote to the Canadian government outlining its concerns about potential political interference in the case, and saying that it would "closely monitor investigations into the SNC-Lavalin affair by the House of Commons justice committee and the federal ethics commissioner". The Working Group did clarify it had no reason to doubt the approach the Canadian government is taking, and noted Canada's willingness to keep it fully informed of the proceedings at its next meeting in June 2019.[84][85]

On 18 March, Trudeau announced that Anne McLellan would serve as a Special Advisor on whether a single minister should continue to hold the positions of Minister of Justice and Attorney General, as well as analyzing the current roles, policies and practices when interacting with the Attorney General. McLellan is to provide independent recommendations to the Prime Minister by 30 June 2019.[86][87]

Following 19 March Justice Committee meeting, opposition parties asked the House of Commons Ethics Committee to launch its own investigation into the affair, starting by calling Wilson-Raybould to testify by no later than 27 March.[54][88] This motion was defeated on 26 March, by the Liberal majority on the committee.[89]

On 20 March, the CEO of SNC-Lavalin, Neil Bruce, stated in an interview with The Globe and Mail that the company was "fully reformed" and "does not understand why it was not given a deal". Bruce stated that Canadians had appeared to have "given up" on SNC-Lavalin and asserted that the general public does not understand the potential economic consequences of a 10-year ban on federal contracts. He said, "Nobody appears to give a crap about whether we fail or not in Canada."[90] On 28 March, a PowerPoint presentation was obtained by The Canadian Press describing SNC-Lavalin's "Plan B" if they could not secure a remediation agreement. The plan, provided to Public Prosecution Service of Canada last fall, included moving its Montreal headquarters to the U.S. within a year, cutting its workforce and eventually winding down Canadian operations. A spokesperson for the company confirmed its authenticity, calling it a "confidential document" and maintaining a DPA is "the best way to protect and grow the almost 9,000 direct Canadian SNC-Lavalin jobs, as well as thousands of indirect jobs".[91]

On 7 April 2019, Conservative leader Andrew Scheer made public a letter he had received on 31 March from Prime Minister Justin Trudeau's lawyer Julian Porter, threatening a libel suit with regards to statements made by Scheer on 29 March in response to new documents tabled at the Justice Committee by Jody Wilson-Raybould. Scheer stood by his comments, describing the letter as an "intimidation tactic" and saying, "If Mr. Trudeau believes he has a case against me, I urge him to follow through on his threat immediately."[92]

Leaked information regarding Supreme Court recommendation[edit]

On 25 March, CTV News reported that relations between Wilson-Raybould and Trudeau first began to fray in 2017, when Trudeau disagreed with a recommendation by Wilson-Raybould to appoint a conservative Manitoba judge to the Supreme Court of Canada as the Chief Justice. The report was based on earlier reporting by The Canadian Press which relied on "well-placed" anonymous sources and specifically drew concern with the recommended judge's broad interpretation of Charter rights.[93] Wilson-Raybould denied there was any conflict with Trudeau over the Supreme Court recommendation; she also denied releasing the information and called for the leaks to be investigated.[94] The PMO originally declined to comment on the story; the next day Trudeau condemned the leaks about the highly confidential Supreme Court appointment process and denied his office was the source.[94]

The CTV report suggests the Prime Minister could have had reasons unrelated to the SNC-Lavalin affair for moving Wilson-Raybould out of the Justice portfolio.[95] In his column in the National Post, Andrew Coyne questioned this conclusion, pointing out that Trudeau had originally said Wilson-Raybould would "still be Attorney-General today" had Scott Brison not resigned and necessitated a cabinet shuffle.[96] Paul Wells of Maclean's accused the Trudeau government of being the source of the leak. He further suggested the leak was an attempt to damage Wilson-Raybould and as an excuse to remove her from the Liberal caucus in the future.[97] Conservative MP Peter Kent suggested the leak could only have come from someone who had or was currently working in the Prime Minister's Office.[98]

On 27 March, the Conservatives asked the federal judicial affairs commissioner to investigate the leak of confidential information about appointments to the Supreme Court of Canada, raising concerns the recent disclosure was politically motivated.[99] Following publication of details of the judicial appointment process, Wilson-Raybould condemned the leak as jeopardizing the process of judicial appointments and also called for an independent investigation.[100][101]

On 4 April, after receiving a request from Conservative and NDP MPs, the Privacy Commissioner of Canada launched an investigation into the leak of confidential information about the Supreme Court of Canada nomination. The investigation will include organizations covered by the Privacy Act, including the Privy Council Office and the Department of Justice, but will not cover ministerial offices and the PMO as they are outside the commissioner's jurisdiction. [102]

Resignations[edit]

Gerald Butts resigned as the Principal Secretary to Prime Minister Justin Trudeau on 18 February 2019. When resigning, he denied that Wilson-Raybould had been pressured, saying that the accusation that he had pressured Wilson-Raybould was distracting from the work of the PMO.[103]

Jane Philpott, the President of the Treasury Board, resigned from her post in Trudeau's cabinet on 4 March. In her statement she said that she had "lost confidence in how the government has dealt with this matter and in how it has responded to the issues raised".[104] Philpott was considered to be one of Trudeau's most trusted ministers.[105][106]

Michael Wernick announced on 18 March that he would be retiring ahead of schedule from his position as the Clerk of the Privy Council and Secretary to Cabinet "due to recent events",[107] namely the erosion of trust and being seen as partisan; which would affect the civil service as a whole and cast serious doubt on his position should an opposition party form the next government.[108] On 18 April, Wernick retired as Privy Council clerk. [109]

Party expulsions[edit]

On 29 March, CBC published an article saying the Liberal caucus was planning to vote on expelling Jody Wilson-Raybould and Jane Philpott. Caucus members said they did not think Wilson-Raybould and Philpott could remain party members "given the damage done to the government by the SNC-Lavalin affair". Liberal MPs criticized Wilson-Raybould's release of the phone call recording, with Minister of Tourism Mélanie Joly describing it as "fundamentally wrong" and the former Solicitor General under Jean Chrétien, Wayne Fox, calling it "about as low as you can go".[110][111] Prime Minister Trudeau did not state a position on the vote, saying, "As for what Dr. Philpott and Ms. Wilson-Raybould intend to do as next steps, people are going to have to ask them".[112][111] The day the vote was scheduled to proceed, Wilson-Raybould wrote a letter to the caucus arguing that she should remain a member, saying "Ultimately the choice that is before you is about what kind of party you want to be a part of, what values it will uphold, the vision that animates it, and indeed the type of people it will attract and make it up."[113] Ultimately, no recorded caucus vote was held.

On 2 April 2019, Trudeau expelled Wilson-Raybould and Philpott from the Liberal Caucus in the House of Commons. He also removed Wilson-Raybould and Philpott[114] as the Liberal party candidates for Vancouver Granville and Markham—Stouffville respectively in the 2019 Canadian federal election.[115] At a press conference, Trudeau said that trust between the two women and the rest of the Liberal caucus had been broken, calling Wilson-Raybould's recording "unconscionable". He also talked about the danger of "civil wars within parties", saying "Our political opponents win when Liberals are divided. We can't afford to make that mistake. Canadians are counting on us."[116] After she was informed of the decision, Wilson-Raybould stated she has no regrets, and did what she thought "needed to be done based on principles & values that must always transcend party".[116] On the same day, Philpott said she was "stunned" at having been expelled without having been given a chance to speak to the national caucus, and that the attacks on her and Wilson Raybould had been based on "inaccuracies and falsehoods".[117][118]

The decision was condemned by all opposition parties, with Conservative leader Andrew Scheer calling it a "betrayal of justice" and saying that people who blow the whistle on misconduct should be protected, not punished.[119][120][121] NDP Leader Jagmeet Singh said that Wilson-Raybould tried to "put integrity and what's right for Canadians over what helps the Liberals" and that she "deserved better".[121] Green Party leader Elizabeth May said Wilson-Raybould had shown honour and integrity in her work, and that "the laws weren't broken because she held firm".[122] The day after the expulsions, about fifty young women in the House of Commons as part of a delegation of Daughters of the Vote, a youth leadership event, turned their backs on Trudeau in protest during his speech to the delegation.[123]

See also[edit]

References[edit]

  1. ^ Sutherland, Anne (19 February 2015). "RCMP charges SNC-Lavalin with corruption, fraud". Montreal Gazette.
  2. ^ "RCMP Charges SNC-Lavalin". Royal Canadian Mounted Police. 19 February 2015. Archived from the original on 21 February 2015. Retrieved 13 April 2019.
  3. ^ a b Osborne, W. Michael G. (19 March 2019). "How Trudeau can easily help SNC-Lavalin (and other corporate wrongdoers) without corrupting justice". Financial Post. Retrieved 12 April 2019.
  4. ^ "New Integrity Regime". Government of Canada. Retrieved 4 April 2019.
  5. ^ "Guide to the Ineligibility and Suspension Policy". Government of Canada. 17 May 2017.
  6. ^ Cochrane, David (14 February 2019). "Inside SNC-Lavalin's long lobbying campaign to change the sentencing rules". CBC News.
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