Prime Minister Justin Trudeau violated the Conflict of Interest Act by improperly pressuring former attorney general Jody Wilson-Raybould to halt the criminal prosecution of SNC-Lavalin, Canada鈥檚 ethics watchdog declared Wednesday 鈥 a bombshell report that leaves a substantial crater in the Liberal government鈥檚 road to re-election.
Mario Dion concluded that Trudeau鈥檚 attempts to influence Wilson-Raybould on the matter contravened section 9 of the act, which prohibits public office holders from using their position to try to influence a decision that would improperly further the private interests of a third party.
But Trudeau, who said he accepted both Dion鈥檚 report and full responsibility for what happened, stood his ground Wednesday on one particular matter: that he shouldn鈥檛 be having contact with his attorney general when the well-being of Canadians is at stake.
Dion found little doubt that SNC-Lavalin would have benefited had Trudeau succeeded in convincing Wilson-Raybould to overturn a decision by the director of public prosecutions, who had refused to invite the Montreal engineering giant to negotiate a remediation agreement in order to avoid a criminal prosecution on fraud charges related to contracts in Libya.
鈥淭he prime minister, directly and through his senior officials, used various means to exert influence over Ms. Wilson-Raybould. The authority of the prime minister and his office was used to circumvent, undermine and ultimately attempt to discredit the decision of the director of public prosecutions as well as the authority of Ms. Wilson-Raybould as the Crown鈥檚 chief law officer,鈥 Dion wrote.
鈥淏ecause SNC-Lavalin overwhelmingly stood to benefit from Ms. Wilson-Raybould鈥檚 intervention, I have no doubt that the result of Mr. Trudeau鈥檚 influence would have furthered SNC-Lavalin鈥檚 interests. The actions that sought to further these interests were improper since the actions were contrary to the constitutional principles of prosecutorial independence and the rule of law.鈥
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Trudeau, who has long insisted he had the economic interests of the country at heart, stopped well short of offering Wilson-Raybould an apology.
鈥淲hat happened over the past year shouldn鈥檛 have happened,鈥 he said. 鈥淲e need to make sure that my government or any government going forward isn鈥檛 in that position again.鈥
But he added: 鈥淭aking responsibility means recognizing that what we did over the last year wasn鈥檛 good enough, but I can鈥檛 apologize for standing up for Canadian jobs because that鈥檚 part of what Canadians expect me to do.鈥
Dion said Trudeau also improperly pushed Wilson-Raybould to consider partisan political interests in the matter, concluding that the prime minister and his staff 鈥渧iewed the matter chiefly through a political lens to manage a legal issue鈥 鈥 despite Trudeau鈥檚 protestations to the contrary.
According to Dion, who interviewed Trudeau and received a written submission from him, the prime minister鈥檚 legal counsel argued that he was concerned solely about the public interest, not with the potential political fallout or SNC鈥檚 financial situation.
鈥淗is concern was, at all times, with the public interest, with the potential impact of a conviction on SNC-Lavalin on its employees, pensioners and suppliers, and that those interests be properly taken into account in prosecutorial decisions,鈥 the report says.
Trudeau acknowledged having mentioned to Wilson-Raybould during one discussion on the matter last September in the midst of a Quebec provincial election, that he was an MP from a Montreal riding. But Dion said he maintained 鈥渢his was an attempt to convey to the Attorney General that real people and real communities would be affected by her decision.鈥
Wilson-Raybould in February over the affair. Friend and cabinet ally Jane Philpott resigned soon after.
Trudeau subsequently kicked both women out of the Liberal caucus. They are running for re-election as independent candidates.
Wilson-Raybould calls report 鈥榲indication鈥
In a statement, Wilson-Raybould said Doin鈥檚 report is a 鈥渧indication鈥 for the indepence of the attorney general and the director of criminal prosecutions.
鈥淭he report confirms critical facts, consistent with what I shared with all Canadians, and affirms the position I have taken from the outset,鈥 she said. 鈥淭he commissioner was not distracted by inaccurate information about the events or about me personally 鈥 and drew conclusions based on the true facts of what occurred.鈥
Trudeau鈥檚 political rivals, all of whom are jockeying for position with the start of an election campaign now just weeks away, wasted little time in seizing on what appeared to be a golden opportunity.
Conservative Leader Andrew Scheer said Trudeau is 鈥渢he only PM in history to be found guilty of breaking federal ethics law not once, but twice,鈥 referring to the PM鈥檚 all-expense-paid family trip at the Aga Khan鈥檚 private island in 2016.
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鈥淗is first violation 鈥 was shocking. This one is unforgivable,鈥 Scheer said at a news conference in Regina, adding that Dion has unearthed enough evidence to warrant an RCMP investigation.
鈥淲hat we have now is a true picture of who Justin Trudeau is 鈥 Time and time again, he has used the power of his office to enrich himself, reward his friends and punish his critics.鈥
NDP ethics critic Charlie Angus described the report as a 鈥減olitical bombshell.鈥
鈥淭he prime minister鈥檚 fundamental job to Canadians is to assure them that the rule of law will be respected,鈥 Angus said. 鈥淚 can鈥檛 think of a precedent of this happening before. The prime minister has been found guilty of a very, very serious interference in the legal processes of Canada.鈥
Dion also made a point of noting that due to the confidentiality obligations that govern cabinet documents and discussions 鈥 obligations that were partially waived by the Prime Minister鈥檚 Office at the height of the scandal, to allow Wilson-Raybould to testify 鈥 he wasn鈥檛 able to access all the necessary materials.
鈥淭he decision made by the Privy Council Office to deny our office access to a full range of cabinet confidences meant nine witnesses were constrained in providing our office with the full body of evidence potentially relevant to the examination,鈥 he wrote.
鈥淚 believe that decisions relating to my access to such information should be made transparently and democratically by Parliament, not by the very same public office holders who are subject to the regime I administer.鈥
Dion absolved senior PMO staffers, bureaucrats and others who allegedly pressured Wilson-Raybould of any wrongdoing. He said they all 鈥渁cted in accordance with the general direction set by Mr. Trudeau鈥 and that the prime minister was 鈥渢he only public office holder who, by virtue of his position, could clearly exert influence over Ms. Wilson-Raybould.
Feds release McLellan report same day
Trudeau鈥檚 office simultaneously released Wednesday a report by former Liberal cabinet minister Anne McLellan, who served as justice minister and attorney general in the Chretien government. Trudeau had asked her to analyse questions raised by the SNC controversy 鈥 including whether the role of justice minister, who is involved in political and policy decisions of government, should be separated from that of the attorney general, who is supposed to exercise independent, non-partisan judgment about prosecutions.
McLellan concluded that no structural change is required. But she recommended that a detailed protocol be developed to govern how ministers, staffers and bureaucrats consult with an attorney general about specific prosecutions.
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鈥淚t is clear to me that there is no system for managing prosecutorial decisions that absolutely protects against the possibility of partisan interference, while providing for public accountability,鈥 she wrote.
The Canadian Press
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