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While I’m always hesitant to disagree with anyone who opens by calling me smart, i have to respectfully disagree with @adamgoldenberg’s interpretation of the role economic interests play on the remediation agreement analysis. 1/12
Remember- the prohibition against considering “national economic interests” in 715.32(3) only applies to prosecutions under the Corruption of Foreign Public Officials Act- this limitation therefore does NOT apply to Criminal Code prosecutions. 2/12
As others have rightly pointed out, this restriction was included as a result of various international obligations we have entered into as part of a global anti-corruption effort. 3/12
While I would agree with the proposition that the provision does not prohibit RA’s that are *in* the national economic interest, it does clearly establish that the NEI is not a factor in determining whether to negotiate an RA. 4/12
Economic benefits can thus be collateral but must not drive the decision-making. 5/12
The “purposes” section does, as you note, indicate that a purpose of RA’s is to mitigate against the effects of a conviction vis-a-vis innocent third parties (employees, pensioners and other stakeholders). 6/12
This general purpose provision is essentially overridden by (3) in the exclusive context of CFPO prosecutions. 7/12
In any event, even if one were to accept that the NEI interest can somehow be considered despite (3), when the other factors are considered it’s not surprising to me that the PPSC felt a RA was not appropriate in this case. 8/12
It also does nothing to change the fact that it would be inappropriate for the PM, the PMO or cabinet to pressure the AG into directing the PPSC to negotiate a RA. 9/12
The AG did not need any additional “context”- she had access to what has been described as a comprehensive submission by SNC to the PPSC as to why it though it should get a RA. 10/12
The breadth and scope of SNC’s private and public lobbying efforts were extensive. JWR would have understood what was at stake without *multiple* reminders from the PM and others. I guess we’ll find out more about that when she testifies on Tuesday. 11/12
You say that an interpretation that excludes the NEI would mean that no large company could ever get a RA. I completely disagree. It could if more of the other factors were in their favour (such as voluntary disclosure of malfeasance) 12/12 #SNC #StatutoryInterpretation #cdnpoli
