Thread by @ranthonylemke

1/ A question for the constitutional scholars out there. The Shawcross Principle is clear that the AG is (1) not obliged to consult colleagues about a decision to prosecute or not;(2) not to be told what decision to make; and (3) not to be put under pressure regarding a decision.

2/ The text of the Shawcross Principle also states that an AG would be a “fool” not to consult with his colleagues about certain decisions to prosecute or not. So here is the question: you are the AG’s boss, and you see the AG not consult as robustly as you believe they should...

3/ ... so you remove them from the position of AG because you believe they’ve been “foolish” — have you violated the Shawcross Principle?

4/ It would seem this is a deep flaw in the #Shawcross Principle - that an AG is at once not obliged to consult, but open to challenges of reckless behaviour if they don’t - because it allows for the confusion/crisis we are living through.

5/ So, in a backwards way, the Shawcross Principle actually does institute a duty to consult - at least in cases where an argument can be made there are reasonable grounds that the AG should consult, like when faced with new law.

6 / And by “backwards” I mean that an AG is not obliged to consult under the Shawcross Principle but called a fool if they don’t under the same doctrine...

So there is basically a duty to consult.

7/ I wonder if the central question in the #SNCLavalin #Shawcross affair is whether or not @Puglaas actually had a duty to consult - not in a perfunctory manner - but in a meaningful and robust manner on a matter of the new law before here?

8/ @Puglaas appears to believe that she did not, given that by her own testimony her final decision was made in only 12 days, 8 of which were spent outside the country. From their actions, the PMO and @gmbutts seems to have believed otherwise — hence the “pressure” felt by JWR.

9/ Because watching all the testimonies, it just doesn’t add up. These are all intelligent, thoughtful people who, until recently, were playing on the same team - yet their testimonies are so divergent.

10/ So, either someone is lying, and something deeply nefarious is going on, which is what the breathless coverage in the media would have us believe (and the honourable members of the Opposition), or it’s much simpler:

11/ An inherent flaw in the #ShawcrossPrinciple is at the heart of this whole mess.

#SNCLavalinScandal #SNCLavalin #SNC