Thank you for sharing this timely and very detailed legal analysis.
There are issues, as yet overlooked that I’m wondering if either of you could be so kind and gracious to address.
Investigating and prosecuting federal corporate crimes in Canada has been compromised by the deep cuts to both PPSC and RCMP.
Unfortunately, the issue of prosecutorial/investigative government funding was not addressed until 2019 budget.
Among them, several SNC-LAVALIN charges have been withdrawn or plea bargained down to minimal crimes. In fact, not once has an SNC accused been successfully prosecuted.
I was aware of this information before the Ethics Commissioner‘s report.
MOJAG would have been informed of the high profile cases that were at risk of being impacted by Jordan’s decision.
Between February 1 and 19, 2019, one SNC case was plea bargained to minimal charges and two were withdrawn due to Jordan’s decision. The Fife G&M story broke February 7, 2019.
Should the knowledge of impending withdrawal of charges, due to incapacity of prosecutors to adequately prepare the case for prosecution, also be considered in the decision to prosecute?
There is no public evidence it was given consideration.
However, the DPP overrode that recommendation.
We do not know why the DPP refused the DPA when the Prosecutor had recommended it.
But we can assume both the DPP & MOJAG were aware of the budgetary restraints and incapacity of the Prosecutor to adequately prepare a successful prosecution.