FELDSTED: Uttering that hogwash with a straight face is incredible

SNC Lavalin has decided to challenge the independent prosecutor in federal court. That may sound audacious but that is where a deferred prosecution agreement will eventually go. Let me explain:

We have been given the false impression that all Jody Wilson-Raybould had to do was to agree to override the independent prosecutors and that would allow Lavalin a Deferred Prosecution Agreement (DPA).

It is not that simple. 

If she did, the independent prosecutor is no longer independent; and ... she would be required by law to give notice of the decision in the Gazette and explain why she was overriding the independent prosecutor.

Even then it is not a ‘done deal’. Every DPA has to be referred to a federal judge for approval, which includes a review of whether or not the corporation being granted a DPA qualifies and if the terms are acceptable.

When asked about the Lavalin court action, Prime Minister Justin Trudeau responded by stating we have an independent court system and will await its findings. Uttering that hogwash with a straight face is incredible. Through his PMO minions, he:

• rushed through a change to our criminal code in a finance bill to set up a framework for a DPA; 
• pressured and threatened the Attorney General to override the prosecution branch; 
• ignored the Attorney General’s warnings that he was on thin ice and a Lavalin DPA would blow up; 
• removed the Attorney General for not caving in to his threats; 
• stated that the possibility of a Lavalin DPR is still open; and 
• through it all insists his office has done nothing wrong, as if accommodating intense Lavalin lobbying is just government business as usual.

Poppycock!

Writing Deferred Prosecution Agreement (DPA) legislation into our criminal code to benefit one corporation is unusual, unorthodox and unjustifiable.

DPA legislation is intended to encourage corporations to come forward and admit criminal culpability in return for an agreement that can include paying fines, turning over assets and profits acquired unlawfully and avoiding future criminal activities for a stated period.

If the contract is kept, charges can be dropped. If the contract is broken, the original charges will proceed.

CLICK HERE for more information on Deferred Prosecution Agreements

Lavalin did not come forward and admit guilt as required for a DPA. It was caught by the authorities.

 

John Feldsted

Political Consultant & Strategist

Winnipeg, Manitoba