, 12 tweets, 5 min read Read on Twitter
1. As a former OECD Public Sector Integrity official, ex civil servant and Canadian lawyer, here are a few points to keep in mind re #SNCLavalin #cdnpoli
2. The OECD anti-bribery working group is made up of officials from member countries to the AB Convention, including Canada. Its job is to monitor the implementation of the Convention, which it recognizes is the responsibility of member states. oecd.org/daf/anti-bribe…
3. The OECD press release issued today follows from one of their usual antibribery working group meetings, In which they discuss ongoing monitoring efforts. You can see on their website they routinely monitor and issue reports on implementation efforts of all members.
4. While the Convention doesn’t offer a definition of “national economic interest”, the commentary to the Convention says prosecutorial discretion should be motivated by professional reasons, not political ones.
5. Article 3 of the Convention permits states to pick how to sanction offenders (i.e. it doesn’t have to be prosecution by trial). A DPA can provide a legitimate sanction if the country’s laws provide for it. Recall, a DPA requires specific actions/payments by the offender.
6. Canadian law provides for DPAs (remediation agreements) as a possible tool. Parameters include taking into account the impact of prosecution on innocent employees, pensioners, etc
7. The law also states prosecutors cannot take into account the “national economic interest” when decided about a DPA. This is the text that The clerk said was cut and pasted from OECD guidance material. (See attached)
8. This leads to the question:
-Is the impact on innocent employees, pensioners etc. the same as the national economic interest? i.e. What is national economic interest? (Couldn’t find a definition. Waiting for an answer from @OECD_BizFin @OECDgov )
9. Also, @oecd working group on bribery (which is made up of other govts) should be mindful to ensure that its public activities do not interfere with, seem to, or have the ability to, interfere with, the upcoming Canadian federal election.
10. It is incumbent on the Canadian media, politicians and other commentators to ensure that they objectively consider the evidence and fully understand the legal regime within which our government is operating.
11. My take on #SNCLavalin given my public governance, policy & legal exp in Canada and abroad, is that GoC has a right to *consider* the use of a DPA at any point while the case is alive, including seeking external/indep guidance on its use, including in other jurisdictions.
12. My policy advice to the GOC would be to seek external advice so the Attorney General has all the necessary information to properly assess the suitability of a DPA in this situation. #Cdnpoli
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