, 14 tweets, 4 min read Read on Twitter
Federal Court finds that SNC-Lav application to challenge prosecutor's discretion with judicial review has no reasonable chance of success, application struck down
Can only be challenged if prosecutor abuses process.
"The applicants note they made overtures to the DPP"
Remediation is a voluntary agreement between the (independent) prosecutor and the organization accused of crime ...
For those arguing PM's actions have triggered a constitutional problem. We know JWR agreed with DPP independent choice Oct. 9 - she says PM's political staff hounded her to change her view, citing the stock price of SNC, citing election 4 PM in Que, he asked her to reconsider
She says Wernick made veiled threats not to oppose PM ... and she was fired. So the problem would be, according to the argument, this Justice Minister position is open to pressure at the risk of firing, if a PM doesn't get partisan demands met, and a JM hired to fulfill demands.
Here the applicants argue these remediation solutions are revolutionary law change (no mention they lobbied for it while facing prosecution) ... and the similar arguments the PM's team has been making
This one speaks for itself -- looks like a collision of the law, and the lawmakers (again think of the exposure to political pressure of the Justice Minister position within Canada's law right now)
Parliament voted for this new legal tool, they did not vote for this new legal tool on the condition that SNC is entitled to it ... (although some critics are saying that is what seemed to be going on)
Here we go, the ruling gets into the matter at hand in current scandal #cndpoli
When charges include corruption of foreign officials "as in this case," prosecution consideration of public interest is not to include national economic interest ...
And here the judge concludes reasons for rejecting SNC's application
So the only solution here that would have pleased the PM, would have been for @Puglaas to ignore sound law, and fall in line with party demands, it seems. And that would be a reason to suggest why a Justice Minister should not serve at the pleasure of a PM.
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