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Singh calls for ethics probe into alleged political direction in SNC-Lavalin case

Prime Minister Justin Trudeau,
Prime Minister Justin Trudeau address attendees at the Liberal fundraising event at the Delta hotel in Toronto, Ont., on Thursday, February 7, 2019. Photo by The Canadian Press/Tijana Martin

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NDP Leader Jagmeet Singh is calling for an ethics investigation into allegations that the Prime Minister's Office pressured former attorney general Jody Wilson-Raybould to help SNC-Lavalin avoid a criminal prosecution.

If, as Justin Trudeau insists, the allegations are not true, Singh said the prime minister should have nothing to fear from an independent investigation by the federal ethics commissioner.

"All this cries out for some serious investigation," the NDP leader said in a telephone interview from Burnaby, B.C., where he's campaigning for a seat in the House of Commons in a Feb. 25 byelection.

"And given the prime minister's response, if he truly wants to clear this up and believes there's been no wrongdoing, he should welcome an investigation from the ethics commissioner. ... Tell us what happened, be transparent, invite the ethics commissioner to investigate and tell us that this is not the case or, if it is the case, then there's a serious reckoning that needs to happen."

Singh's call comes in the wake of an explosive report Thursday in The Globe and Mail alleging that Wilson-Raybould was demoted in a cabinet shuffle early last month because she refused to succumb to pressure from prime ministerial aides to intervene in the case of SNC-Lavalin, a Quebec engineering and construction giant that has been charged with bribery and corruption in a bid to secure government business in Libya.

The newspaper alleged that PMO aides leaned heavily on Wilson-Raybould to persuade the federal director of public prosecutions to negotiate a "remediation agreement" with SNC-Lavalin as a way of holding it to account for wrongdoing by some of its executives, rather than pursuing a criminal prosecution that could financially hobble the company.

Singh said the timeline of events is suspicious.

SNC-Lavalin was charged in 2015 by the RCMP and openly called for a remediation agreement to avoid damaging the company, a major employer in Quebec. After lobbying by the company of government officials, including those in the PMO, the government included in its 2018 budget a Criminal Code amendment to allow such agreements to be negotiated in cases of corporate crime, as is done in the United States and the United Kingdom.

Last October, Kathleen Roussel, the director of public prosecutions informed SNC-Lavalin that negotiating a remediation agreement would be inappropriate in this particular case. Three months later, Wilson-Raybould was moved to the veterans affairs post, a move widely seen as a demotion.

"It cuts to the heart of our democracy," Singh said, adding that it appears a corporation that has in the past made illegal donations to the Liberal party, among others, was able to influence the government to the point of changing the law and pressuring the attorney general to interfere with a decision of the public prosecutor.

"At the end of the day, Canadians deserve to have a government on their side, on the side of justice, not on the side of a multinational corporation."

Singh said the allegations suggest there may have been possible violations of three sections of the federal Conflict of Interest Act: the prohibitions against public office holders giving preferential treatment to any individual or organization, using insider information to improperly further a person's private interests or seeking to influence a decision to further another person's private interests.

On the day Wilson-Raybould was shuffled out of her twin role as justice minister and attorney general, she penned an unprecedented, lengthy missive defending her performance in the job. Among other things, she wrote that "it is a pillar of our democracy that our system of justice be free from even the perception of political interference" and that, as attorney general, she believed she must be "always willing to speak truth to power."

She has refused to comment on the alleged pressure from PMO to help SNC-Lavalin avoid a criminal trial, telling the Globe and Mail that the matter is "between me and the government as the government's previous lawyer."

That left her successor at Justice, David Lametti, to fend off opposition charges Thursday of political interference in the justice system. Lametti said neither he nor Wilson-Raybould were ever directed or pressured to intervene with the director of public prosecutions to drop the prosecution of SNC-Lavalin.

Wilson-Raybould's father, Bill Wilson, said in a Facebook post Thursday that his daughter's cabinet demotion "makes sense now — ugly political sense." He predicted "history will prove that she did the right thing."

The attorney general is legally allowed to give directives to the public prosecutor on general issues and on individual cases, provided the directives are in writing and published in the Canada Gazette, the federal register.

The fact that such directives must be done publicly is intended to constrain a justice minister from doing anything overtly political.

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