,
7 tweets,
2 min read
Read on Twitter
Here's a concise explanation of how @justintrudeau @gmbutts didn't understand the law they misapplied in the SNC-Lavalin scandal, up to and including their argument about saving 9,000 jobs: Dear federal government: Ignorance of law is no excuse: thelawyersdaily.ca/subscribe/free… #cdnpoliHe
"In the case of SNC-Lavalin, s. 715.31 (of the Criminal Code) says that one purpose of the remediation agreement provisions — not the purpose, but one of six — is to protect the company’s innocent employees and pensioners from the economic fallout of a conviction."
However, "Section 715.32(3) says that, with regard to the bribery charge, the prosecutor must not be swayed by potential economic consequences — or even by the fact that the organization happens to be SNC-Lavalin."
"If the organization is alleged to have committed an offence under the Corruption of Foreign Public Officials Act, s. 715.32(3) states that 'the prosecutor must not consider the national economic interest, the potential effect on relations with a state other than Canada ... "
" ... or the identity of the organization or individual involved. SNC-Lavalin faces a charge of bribery under s. 3 of the Corruption of Foreign Public Officials Act, along with a charge of fraud (s. 380(1) of the Code.".
"Given this apparent conflict, the substantive clause likely prevails. If so, the DPP could not consider the impact of a conviction on Canadian jobs or the SNC-Lavalin pension fund in determining whether a remediation agreement on the bribery charge .. was in the public interest"
"To this extent, the government’s talking points may have misrepresented the law."
