We need to make sure that everyone is clear on what one can and cannot say to the attorney-general in the context of a prosecution, and in particular the decision on whether or not to enter into a …
The Standing Committee on Justice and Human Rights has now held multiple meetings and heard from 10 witnesses on issues involving the prosecution of SNC-Lavalin. As chair, I have a unique role. I do not vote and must enforce Parliamentary rules in a fair way. Given the subject matter, once we began hearing from witnesses, I took the unusual precaution of stating that I would not give my opinion publicly until we completed witness testimony.
As stated on the Department of Justice website, a main purpose of remediation agreements is to reduce the harm that a criminal conviction of an organization could have for employees, shareholders and other third parties who did not take part in the offence. It is the duty of the attorney-general to consider such facts seriously and on an ongoing basis.
It is hard to determine if behaviour is ethical when rules are ambiguous. In this case, the law is unclear. It is based on a 1951 speech in the House of Lords where the then attorney-general of England and Wales set out his view of what is or is not appropriate in interaction between the attorney-general and other officials.
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