Interventions in Committee
 
 
 
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View Elizabeth May Profile
GP (BC)
Thank you, Mr. Chair.
I just want to make a couple of quick points in response to some of the points put forward by my colleagues. I am not a voting member at this table, of course.
First of all, it's a really hard issue for all of us here around the table, but I have to say that—following somewhat from your point, Mr. Erskine-Smith—I found it unhelpful to describe this case as the Prime Minister telling people that he wanted them to break the law. For what it's worth, I maintain that, to this day, I don't think the Prime Minister understands that what he did was wrong, which is maybe equally troubling or more troubling. I think he's maintained that view because the people around him were overwhelmed by the fact that former Supreme Court judges were telling them what to do and were undermining their Attorney General, who happened to be a younger woman and indigenous, and this part of the story bothers me.
What should the former attorney general have done? I want to remind my friend Mr. Erskine-Smith of her testimony to the justice committee. She said to those lobbying her on behalf of SNC-Lavalin that if they have additional evidence, that goes to the decision-maker, who in this case is Kathleen Roussel, director of public prosecutions. Our former attorney general said, on the evidence, that she had told those lobbying for SNC-Lavalin that if they had a representation on a threat to jobs and they send it to her, she would ensure that it is put before the director of public prosecutions so she can take it into consideration. Such a letter was never sent.
It's also disturbing to me that so many people—and I would like to have before the ethics committee many of them who were mentioned in the testimony of former attorney general Jody Wilson-Raybould—were given access by our former attorney general to the section 13 report, which is highly confidential, of the former director of public prosecutions. They declined to read it and seem to have lost it, including a number of political staff in the PMO, the deputy minister of the Department of Justice herself and the former clerk of the Privy Council.
To Mr. Erskine-Smith's point that a corporation can have good people and bad people, that's all true, but this corporation is charged in its corporate state; it is charged as a corporate person. There are no individual officers charged. The corporation must face full trial, which is why I go to one last point, Mr. Chair.
If we're looking for a real motive, we don't have to look far. Some of the most celebrated corporate giants in this country are businessmen with good reputations, people like Gwyn Morgan, former chair of Encana and a major fossil fuel lobbyist against climate action, who was chair of the board throughout the time the alleged bribery took place, and chair of the governance committee. There were a lot of people on the board of directors—whom I won't list—whose reputations could be hurt if what I suspect might be heard in the evidence in open court is actually heard, because these are not just bribery charges of a small nature. This is about working hand in glove with the Gadhafi regime and paying millions of dollars.
By the way, as to the whole idea that SNC-Lavalin has been washed pure as snow, they haven't changed their auditor. Deloitte was their auditor then and Deloitte is their auditor now, and somehow never noticed that $50 million went missing in bribes in Libya.
I think what we're looking at is corporate Canada exerting its influence to not have to face a full trial because reputations would be harmed. I think that's enough of a motive to start leaning on the Prime Minister, the finance minister, the President of Treasury Board and all their friends.
We need to ensure that Canadians understand that this isn't about small things and the Shawcross principle. That's a bridge too far for most Canadians to care about, and I accept that; I get that. But it's really important that Canadians know that no future government, no future prime minister, should ever allow pressure to be brought to bear to stop a full and open trial of the alleged criminal activities of this corporation.
Under the principles of deferred prosecution agreements, as understood in international law, economic disadvantage to the corporation is not a relevant factor. We need to understand that we should protect workers always, but we must not protect criminality because the people whose reputations could be hurt are powerful. You bet they're powerful: They've blocked climate action for quite a while.
I am afraid that this corporation needs to face a trial on the evidence that Kathleen Roussel, as director of public prosecutions, decided under a section 13 report disqualifies them from a deferred prosecution agreement by law.
That's what our former attorney general looked at. That's why she exercised her due diligence to ensure the decision by the director of public prosecutions. I agree with Mr. Nathaniel Erskine-Smith once again. It was a very good move that the former Conservative government brought in the director of public prosecutions and insulated that office from political interference. That's all quite right and good. Canadians need to know that this is about a corporation charged with crimes we don't know, up to and including killing people—we don't know. Evidence is under the section 13 report. We need to have it come before an open court.
That's why I think the pressure was brought to bear. Powerful men have powerful friends. I still think that our Prime Minister needs to understand—and I don't think he does—that what he did was wrong, and he needs to apologize to Jane Philpott, Jody Wilson-Raybould and the people of Canada.
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