Sue's Blog

Monday, February 18, 2019

The legislative sprint for SNC Lavalin

Sometimes it is worthwhile to review a sequence of events.

As it relates to the SNC situation that we find our Country transfixed by - the discussion around the  deluge of lobbying by the company as they sat charged with serious criminal offences - has been somewhat vetted. 

Many have also talked about the fact that changes to the Criminal Code were buried in a Budget Bill. Most seem to find that inappropriate.

Obviously there are continued questions and escalating mistrust which will likely continue to haunt the PMO and Prime Minister Justin Trudeau - as long as there are no comments from Jody Wilson-Raybould.

This post however will review a surely impossible sequence of events that lead up to the tabled change to the Criminal Code within the Budget Bill.

Let's make this short. It will add to the call for investigative measures to take place regarding this SNC mess.

You've probably heard by now that Canadians were told that the government was considering Deferred Prosecution Agreements. The spin - partially true - was that the public could have commented on this idea. Let's say the MP's did not do a full court press to constituents on this very important matter. The MSM were not all aflutter with advising Canadians of this very important consultation process.

Putting that aside - the consultation took place between September 25th - December 08 2017.

The report on the consultations found (PRESS HERE) was dated February 22nd 2018. The report is a general summary of what was heard or submitted by participants, a copy of the questions given to participants to answer, and a paragraph at the end of report titles "Next Steps", The following is that paragraph: The Government of Canada will further review the feedback received and assess whether enhancements to the Integrity Regime are warranted to ensure that the Regime continues to achieve its objectives, is efficient in doing so, and addresses new trends and risks in a constantly changing marketplace. Feedback will also be used by the Government of Canada in considering the possibility of introducing a Canadian DPA regime as an additional tool for prosecutors, to be used in appropriate circumstances, to address corporate crime. (emphasis added)

Further the last paragraph reads: While this public consultation has ended, the Government of Canada remains committed to hearing from interested parties regarding both the Integrity Regime and DPAs.

So on February 22nd of 2018 the report for consideration - to be assessed and reviewed - and even to possibly continue to hear from other people was released. It could be reviewed by Canadians and Parliamentarians alike. Let's have a discussion kind of tone.

5 days later there is a Budget Bill presented to the House of Commons that included the changes to the Criminal Code on these matters.

The proposed law was written and presented to Parliament 5 days after the report is released for assessment, review, and even more invited commentary. 

Please take the time to think about that. In 5 short days 3 months of material and findings were reviewed - assessed - and already presented for passage of the Budget Bill.

Any reasonably minded person would conclude the proposed changes to the Criminal Code were already written before the report was released.

Any reasonably minded person knows that Criminal Code changes just don't happen that way or that fast.

The report does not allow Canadians to see who said what - and what exactly was being submitted. 

But lucky for Canadians - SNC Lavalin put its submission on their site.

Have a look at the report referenced above and then the changes to the Criminal Code (PRESS HERE)  and then decide who influenced our law.

Undue influence? Need to get the fix in place for SNC in a timely manner?

Next post will deal with the change in language from Deferred Prosecution Agreements to Remediation Agreements. Funny that when GM Butts resigned - he actually used the term Deferred Prosecution Agreements instead of Remediation Agreements - the latter of which is actually law. 









 





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