Former Attorney General Jody Wilson-Raybould and the director of Canada’s Public Prosecution Service (PPS) both did not possess sufficient competencies and expertise in national economic policy and industry competitiveness matters – let alone have the experience – to be able to make competent, objective decisions regarding whether to offer a Deferred Prosecution Agreement (DPA) to SNC Lavalin, instead of criminally prosecuting the company
As part of the decision-making processes re: whether to offer a DPA to a corporation that is accused of criminal wrongdoing, the PPS director and the federal attorney general (regardless of who these individuals are) both have fiduciary obligations to carefully evaluate and consider potential collateral negative consequences for the general public and other third parties – if the company is denied a DPA and eventually convicted– and as a result is substantially damaged or goes out of business.
This requires the PPS director and AG to fulsomely consult with the Prime Minister and members of his/her cabinet – especially ministers with responsibilities over national economic development, finance and industry competitiveness matters – before making a decision one way or the other about whether to issue a DPA.
Unfortunately, Ms. Raybould and Canada’s PPS director did not do this regarding SNC Lavalin, resulting in grievous damages to the federal Liberal Party, and to the detriment of the entire country.
There are only about a dozen “full-service” civil engineering/construction firms globally. Canada only has one: SNC Lavalin.
Any prime minister – whether Liberal, Conservative or any other party – would have had, and today still has a duty to take whatever lawful actions are necessary to prevent hundreds of thousands of citizens and residents of Canada being indirectly “punished” as a result of the criminal prosecution of SNC Lavalin.
Roderick V. Lewis, White Rock