To the editor,
Re: Ex-attorney general saga a soap opera, Letters, March 12.
The rule of law is a fundamental principle in Canada’s constitution whereby everybody is subject to the law.
The Criminal Code contains the new remediation agreement regime. The purpose clause of section 715.31 of the code is defined as reducing “the negative consequences of the wrongdoing for persons for people who did not engage in the wrongdoing” among some other factors.
Section 715.32 sets out the conditions under which a prosecutor may offer to negotiate a remediation agreement. The prosecutor must consider the means by which the offence came to the attention of authorities; the gravity of the alleged offence and its impact on victims; any compliance or restorative measures taken by the organization; and the organization’s previous offences, convictions or remediation agreements. If the organization is alleged to have committed an offence under the Corruption of Foreign Public Officials Act, section 715.32 (3) states that the “prosecutor must not consider the national economic interest.”
SNC-Lavalin faces a charge of bribery under the CFPOA, and a charge of fraud under the code. SNC-Lavalin entered into a compliance agreement in 2016 whereby it admitted to illegally contributing more than $100,000 to the Liberal Party of Canada and its affiliated entities between 2004 and 20111.
LETTERS TO THE EDITOR: Ex-attorney general saga a soap opera
LETTER TO THE EDITOR: ‘Hey Jody, don’t make it bad,’ Liberals urge
The Department of Public Prosecutions was not entitled to consider the impact of a conviction on Canadian jobs respecting the remediation agreement on the bribery charge.
Justin Trudeau and Gerald Butts had a moral, legal and social responsibility to consult with the Attorney General and Minister of Justice about the remediation agreement and take her advice.
Michael Warsh, Nanaimo
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