#LavScam legal: why I think some folks in Ottawa may have obstructed justice

— 02.25.2019 09:00 AM

A reporter and I went back and forth on the issue today.  He had written there was no chance of a criminal charge.  I disagreed.

I told him the actus reus of the offence of obstructing justice, under s. 139, is that the act simply needs “the tendency to defeat or obstruct the course of justice”.(See: R. v. Robinson, 2012 BCSC 430 at 21). “The tendency.” That’s a pretty low bar, no?

That’s not all, as they say: the accused need only have only created a risk that an injustice will occur. (See: R. v. Graham, (1985), 20 C.C.C. (3d) 210 (Ont. C.A.), which was affirmed before the Supremes at 1988 CanLII 94 (SCC), [1988] 1 S.C.R. 214).  And, anticipating what the likely accused may say, it’s no defence that the actions were an error in judgment or a mistake. (See R. v. Yazelle 2012 SKCA 91 (CanLII)).  Won’t work.  Neither will saying – as they’ve done, over and over – that jobs were at stake.  They’d get laughed out of the courtroom (no case law needed).

I’ve felt from the start that this thing will end up in Court.  Acquittal or not, R. v. Duffy demonstrates why that may be unhelpful in an election year.



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#LavScam latest: is Justin Trudeau SNC-Lavalin’s water boy?

— 02.25.2019 08:09 AM

Pretty much.

From today’s Globe. There is apparently no rule, no law, no principle that Justin Trudeau will not break to assist this sleazy multinational.  None.

The Trudeau government is considering changes to ethical procurement rules that stipulate how long a company can be banned from bidding on federal contracts, a revision of policy that one expert says could offer Montreal-based SNC-Lavalin another means of coping with the fraud and corruption charges it faces.

SNC-Lavalin, the Quebec engineering giant at the centre of the Wilson-Raybould affair, faces the charges stemming from an RCMP investigation into its business dealings in Libya. If convicted, it could be banned from bidding on federal contracts for 10 years.

Public Services and Procurement Canada is proposing granting itself more flexibility in deciding how long a company is banned from bidding when convicted.

SNC-Lavalin has been seeking a negotiated settlement in which a company admits wrongdoing and pays a fine, but avoids a trial. Last September, however, the federal director of public prosecutions rejected the request and informed the company the prosecution would continue.

Officials in the Prime Minister’s Office have denied putting inappropriate pressure on Jody Wilson-Raybould when she was justice minister and attorney-general on the case. In the ensuing fallout, she resigned from cabinet and Gerald Butts, principal secretary in the Prime Minister’s Office, stepped down. Ethics Commissioner Mario Dion has launched an inquiry into the matter.


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#LavScam latest: first Butts, now Telford

— 02.23.2019 12:11 PM

…and the Clerk of the Privy Council applying raw muscle, too. I’m sure it’s all nothing. Here.

Oh, and all the rich white people from Toronto didn’t like how the Indian girl had opinions about what should happen to her own people. How dare she! Here.


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What do you call two cases of obstruction of justice?

— 02.22.2019 04:36 PM

Well, some mean people would call it “Trudeau’s PMO standard operating procedure.” But I’m a nice guy, so I’d never say that.

So:

  • interference with prosecutions
  • allegations of obstruction of justice
  • involving all of the same people
  • don’t ever, ever fuck with our friend Marie Henein

That last one is free advice.

Anyway. Here’s some of the story. BOOM.

“Subpoenas have been issued to Prime Minister Justin Trudeau and his former and current top officials — including ex-principal secretary Gerald Butts — for any notes, emails or texts they may have related to the criminal case against Vice-Admiral Mark Norman.

The notes are being sought by the legal team defending the former vice chief of the defence staff against a single charge of breach of trust. Norman is accused of leaking cabinet secrets in relation to a shipbuilding deal.

The subpoenas were issued earlier this month as Toronto lawyer Marie Henein was preparing a motion to dismiss the case on the basis of alleged political interference.

The court order for notes includes both the prime minister and Butts, and also Trudeau’s Chief of Staff Katie Telford, Clerk of the Privy Council Michael Wernick and Zita Astravas, chief of staff to Defence Minister Harjit Sajjan.”


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#LavScam latest: Canada’s top bureaucrat assassinates his reputation – and Trudeau’s, too

— 02.22.2019 11:02 AM

A must-read Tom Brodbeck column here.

Key bits:

“The most mind-boggling thing Privy Council Clerk Michael Wernick said Thursday didn’t occur during his testimony at the House of Commons justice committee.

Granted, the federal government’s top bureaucrat said some pretty shocking things there, including his bizarre comments about how Canada is essentially going to hell in a hand basket and that someone may even get shot in the next federal election.

But more to the point of what the committee was trying to examine – whether former Prime Minister Justin Trudeau or any senior federal officials tried to interfere in the criminal prosecution of SNC-Lavalin – Wernick’s most outrageous comment came during a scrum with reporters following his testimony.

The privy council clerk admitted at committee that not only was he in a meeting with Wilson-Raybould and Trudeau on Sept. 17 when the three discussed the SNC-Lavalin case – even though a decision to prosecute had already been made – but that Wernick also contacted Wilson-Raybould three months later on Dec. 18 to discuss whether giving SNC-Lavalin a deferred prosecution was “still an option.”

Wernick was asked by reporters following his testimony why he would contact the attorney general over three months after a decision had been made on the SNC-Lavalin case.

“Because the decision had not already been made,” Wernick said.

The decision had not already been made? Pardon?

The director of public prosecutions Kathleen Roussel made the decision on Sept. 4.”

This is shocking. It means one of two things.

  1. Wernick was as bizarre following his testimony as he was during his testimony – and he got some big facts wrong.
  2. Wernick told the truth – he and the Prime Minister plainly did attempt to push for a sweetheart deal for a huge Liberal Party donor facing a criminal trial.

Did anyone at PMO review tho guy’s speech before he gave it? Did they not think it was a good idea to take out the stuff where Wernick seems to suggest that critics of Justin Trudeau are vomitous murderers?

And did they not realize that the Clerk of the Privy Council planned to confirm the key allegation against Trudeau et al. – that they obstructed justice to benefit SNC-Lavalin?

Pro tip, Justin: when in a hole, stop digging.


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#WeAreWithHer: This is our daughter’s First Nation, supporting Puglaas!

— 02.21.2019 07:44 PM

This is the leadership of the Carcross/Tagish First Nation – all the clan leaders and the Deputy Haa Shaa du Hen earlier today. They sent us this photo while we were in meetings in Whitehorse.

Carcross/Tagish First Nation Executive Members showing support for Jody Wilson-Raybould today during their Executive Council meeting!

Left to right: Robert Wally (Kookhittan Clan), Charlie James (Daklaweidi Clan), Maria Baker/Benoit (Deputy Haa Shaa du Hen, Deisheetaan Clan), Lynda Dickson (Ishkahittaan Clan), Bill Barrett (Crow Elder), Ralph James (Wolf Elder) Missing: Corey Edzerza (Ganaxteidi Clan) and George Shepherd (Yan Yeidi Clan).

They say: #WEAREWITHHER



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