Opinion
UPDATED: SNC Lavalin – Just the Facts Ma’am
Opinion by Cory Litzenberger
Let’s take emotion out of it. Let’s take a look at the legislation. While I am not a lawyer, I do interpret tax legislation for a living, and so I decided to take a closer look at the criminal legislation pertaining to the SNC-Lavalin scandal.
The relevant legislation is in 《parentheses》below, but here is the Coles notes:
FACT – in 2015 SNC was charged by the RCMP under Section 3 of the Corruption of Foreign Public Officials Act
《3 (1) Every person commits an offence who, in order to obtain or retain an advantage in the course of business, directly or indirectly gives, offers or agrees to give or offer a loan, reward, advantage or benefit of any kind to a foreign public official or to any person for the benefit of a foreign public official
(a) as consideration for an act or omission by the official in connection with the performance of the official’s duties or functions; or
(b) to induce the official to use his or her position to influence any acts or decisions of the foreign state or public international organization for which the official performs duties or functions.》
FACT – In 2015, the RCMP charged SNC-Lavalin, along with its international division, with corruption and fraud in relation with their business dealings in Libya. The RCMP said officials at the company attempted to bribe several public officials in the country, including dictator Moammar Gadhafi, as well as other businesses in Libya.
FACT – The prosecutor is allowed to enter into a remediation agreement under Section 715.32 of the Criminal Code of Canada , if ALL conditions are met under 715.32(1).
《715.32 (1) The prosecutor may enter into negotiations for a remediation agreement with an organization alleged to have committed an offence if the following conditions are met:
(a) the prosecutor is of the opinion that there is a reasonable prospect of conviction with respect to the offence;
(b) the prosecutor is of the opinion that the act or omission that forms the basis of the offence did not cause and was not likely to have caused serious bodily harm or death, or injury to national defence or national security, and was not committed for the benefit of, at the direction of, or in association with, a criminal organization or terrorist group;
(c) the prosecutor is of the opinion that negotiating the agreement is in the public interest and appropriate in the circumstances; and
(d) the Attorney General has consented to the negotiation of the agreement.》
FACT – for the prosecutor to evaluate their public interest opinion, they must consider subsection 715.32(2) in its entirety which includes many relevant pieces of information except when 715.32(3) overrides it
《 Factors to consider
715.32(2) For the purposes of paragraph (1)(c), the prosecutor must consider the following factors:
[(a) to (h)]; and
(i) any other factor that the prosecutor considers relevant.》
FACT – 715.32(3) says even with all those factors to consider, you can NOT factor in the national economic interest (ie: the jobs argument) if they were charged the way the RCMP charged them
《Factors not to consider
715.32(3) Despite paragraph (2)(i), if the organization is alleged to have committed an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act, the prosecutor must not consider the national economic interest, the potential effect on relations with a state other than Canada or the identity of the organization or individual involved.》
CONCLUSION – the jobs argument is irrelevant under the law in these circumstances – The prosecution knows this – The former Attorney General knows this – and based on the provisions as written, the jobs argument for SNC does not meet the legal requirement for a remediation agreement.
For these reasons, I find in favour of the former Attorney General.
— — — —
Update: While being interviewed on the afternoon of March 7, 2019, I looked even closer at the legislation and caught something I didn’t realize on first glance when reading it.
Notice at the end of 715.32(1)(c) the word “and”.
While I said this means that all of the tests in (a) through (d) must be met, I neglected to say that this means no one person has the sole final decision. The prosecutor is mentioned in (a), (b), and (c); while the Attorney General is only mentioned in (d).
To put another way, this law is written so that it is not solely the decision of the Attorney General, nor the prosecutor. Rather, it requires both the Attorney General and the Prosecutor to agree to proceed with negotiations.
Similar to a scene in the movies where you see nuclear codes kept between two different military heads before proceeding with the launch, such is the wording of this provision.
This means that the Attorney General does not have the final decision and so any suggestion that she does is incorrect. The decision is a joint one with most of the leg work having to be done by the prosecutor, not the Attorney General.
So let me recap: I think it is quite simple, that a Remediation Agreement (aka Deferred Prosecution Agreement) cannot be considered under the “national economic interest” (jobs) argument based on what legislation the RCMP used for the charges.
If that’s the argument, then the answer is “no” and the repeated number of times asking for the former Attorney General to revisit it over a four month period for something that appears so black and white might be considered workplace harassment if I were to do such a thing to one of my colleagues.
So, since the economic argument is moot, what other argument is there?
We heard in testimony that the parties may have wanted the Attorney General to look at it from a stance that does not imply economic interest.
Ironically, “we need to win an election” may actually be legal as “any other factor that the prosecutor considers relevant” but then we would have to assume the prosecutor would have to be partisan, and that is highly not likely in my experience.
So we now know that there must be an agreement between the prosecutor and the Attorney General.
We also know that “economic interest” cannot be the reason under the law.
So, if the law is that clear on economic interest, why would the Attorney General be asked repeatedly for reconsideration, unless it was not “economic interest” they wanted her to consider?
For these additional reasons, I still find in favour of the former Attorney General
—
Update #2: On March 8, 2019, the Federal Court of Canada ruled in favour of the Public Prosecution Service on SNC Lavalin’s request for judicial review citing:
“The law is clear that prosecutorial discretion is not subject to judicial review, except for abuse of process.” – Federal Court of Canada Justice Kane
Then, on March 11, 2019, the Organisation for Economic Co-operation and Development (OECD) came to the same conclusion as my interpretation of the law regarding the intention of the 1999 agreement, and said:
“political factors such as a country’s national economic interest and the identity of the alleged perpetrators must not influence foreign bribery investigations and prosecutions.” – OECD
We now have confirmation that there is no legal way that a country’s national economic interest can be considered under the law.
For these additional reasons, jurisprudence about the authority of the Public Prosecution Service, and third party reports about the intentions of the 1999 agreement from the OECD, I still find in favour of the former Attorney General for a third time.
—
Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr is the President & Founder of CGL Strategic Business & Tax Advisors; you can find out more about Cory’s biography at http://www.CGLtax.ca/Litzenberger-Cory.html
International
Boris Johnson Urges Ukraine to Continue War
By Martin Armstrong
Trump’s proposal for peace in Ukraine has been met with an overwhelming condemnation from the world’s neocons. Former UK Prime Minister Boris Johnson reemerges from the shadows whenever he hears word that a war may be winding down. He played an instrumental role in persuading Zelensky not to negotiate a peace treaty with Russia when it was apparent that Ukraine could not easily win, and now, Johnson is urging Ukraine to continue the war.
“Imagine that you are Vladimir V. Putin and you are spending a calm Saturday in the Kremlin… You casually watch the television news, and you cannot help but smile at the incompetence of your opponents, at the astonishing weakness of the West. You have lost more than a million soldiers, killed and wounded, in your attempts to subdue Ukraine. You have still failed to capture more than 20 percent of the country’s territory. Your economy is faltering. And now they are talking about some new 28-point plan to end the war – and it could have been written entirely by the Kremlin,” Johnson warned.
In typical neocon fashion, Johnson wants to paint the proposal as a victory for Russia. He acknowledges millions have died, but since they are Russian, their lives do not matter. Continue the slaughter at the expense of the people.
Johnson declared that Britain was in a proxy war with Russia back in November 2024. “It has been pathetic… Let’s face it: We’re waging a proxy war but not giving our proxies the ability to do the job. For years now, we’ve been allowing them to fight with one hand tied behind their backs, and it has been cruel,” he admitted one year ago. Why would Britain feel threatened by Russia? Why would any sane leader thrust their people into a battle that is not theirs to fight?
The head of M16, Sir Richard Moore, also came out in November 2024, admitting British intelligence was discreetly fighting on behalf of Ukraine. “We cherish our heritage of covert action, which we keep alive today in helping Ukraine resist the Russian invasion,” Moore commented.
Moore and Johnson know that Russia has no incentive to invade Europe, especially Britian. There is absolutely nothing for Putin to gain. Europe, on the other hand, has everything to gain through conflict with Russia. They see Ukraine as the ultimate entryway into Russia
War is a great way to default on debts. You get to form a new government, and they always disavow the debts of the previous government. Europe has been committing economic suicide. Between the COVID-19 Lockdowns, the NET-ZERO Climate Change, and then the sanctions on Russia that doubled their fuel costs, you could not ask for a more brain-dead group of politicians who have ZERO comprehension of even how the economy functions.
Plain and simple—Russia invaded due to the West’s failure to honor the Minsk Agreement. The neocons disregard the proposal entirely and conveniently disregard the original signed agreement when discussing conceding territory.
“The document offers Ukrainians not only to give up any attempts to reclaim Crimea or Donbas, but also to cede vast territories, including about 250,000 Ukrainians whom the Russians do not even control. Of course, you knew your negotiators would try something like that. But you never believed anyone would take this seriously. You can’t believe that President Trump would back this plan, because it is a complete betrayal of Ukraine,” Johnson continued in his recent writing.
LET THE PEOPLE VOTE! The ethnically Russian people living in Ukraine have been unable to decide on their leadership. Zelensky outlawed their religion and language. Everyone believes they are protecting the people in these regions from the other side, but only one side is open to learning the people’s wishes. The 28-point plan saves the PEOPLE of both Russia and Ukraine. Russia cannot abandon the war without guarantees that NATO will back down and Ukraine is merely an EU puppet. Zelensky now has two days to decide whether he is willing to destroy his nation for the neocons.
Daily Caller
EXCLUSIVE: Here’s An Inside Look At The UN’s Disastrous Climate Conference

From the Daily Caller News Foundation
By Audrey Streb
The United Nations’ annual climate conference concluded Saturday, and some critics in attendance told the Daily Caller News Foundation that it was a chaotic affair.
After Thursday’s fire forced an evacuation and temporarily halted the talks, COP30 was prolonged by an extra day. Corporate media outlets and green groups critiqued the final agreement reached on Saturday, arguing that it did not do enough to restrict carbon emissions. The environmental groups claimed the resolution departed from COP28’s declaration which called for an end to fossil fuels.
Hosted in Belém, Brazil, COP30 provoked backlash after developers razed the Amazon rainforest ahead of the climate talks and China worked to seize the spotlight in America’s absence. Craig Rucker, co-founder and president of the conservative nonprofit known as the Committee for a Constructive Tomorrow,(CFACT) told the DCNF that this year’s UN climate talks were especially chaotic and disorganized.
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“I’ve been to 27 of the 30 conferences. … What you see on the ground is just how chaotic it’s gotten. There was a certain chaos in the past, but this was particularly disorganized because they picked a venue that I think was unsuited for all the delegates that were coming in,” Rucker told the DCNF in an interview. “They wanted to emphasize the rainforest, yet hypocritically, they’re chopping them down to accommodate delegates flying in on private jets.”
The UN did not respond to the DCNF’S request for comment.
Rucker and Marc Morano, who publishes CFACT’s ClimateDepot.com, ventured into the Amazon rainforest to investigate the four-lane highway initially reported by BBC in March. Rucker told the DCNF that Brazil was “still cutting and burning. We heard the chainsaws ourselves, and this is something they [the Brazilian state] try to keep [quiet].”
The highway, known as Avenida Liberdade, was shelved multiple times in the past due to environmental concerns but revived as part of a broader push to modernize Belém ahead of COP30, according to the outlet. State officials say the development efforts will leave a lasting legacy, including an expanded airport, new hotels and an ungraded port to accommodate cruise ships.
The Brazilian state denied that the highway was built for the climate conference, noting that plans for the road were underway as early as 2020 — well before Brazil was selected to host COP30, Reuters reported in March.
President Donald Trump sharply criticized the conference for deforesting portions of the Amazon to ease travel for environmentalist attendees. The U.S. did not send an official delegation this year.
Democratic California Gov. Gavin Newsom and Democratic Rhode Island Sen. Sheldon Whitehouse attended the talks, where they denounced the Trump administration’s energy policies and absence.
A top United Nations official reportedly directed Brazilian authorities to address concerns including leaky light fixtures, sweltering heat and lackluster security at the conference, according to Bloomberg News. Days later, the fire broke out.
Morano also documented water pouring from vents, and Rucker told the DCNF that attendees were not allowed to flush toilet paper as the venue “didn’t have a septic system.”
Rucker also recalled what he described as elitism, noting that delegates were in the “blue zone” while other attendees and indigenous groups were relegated to the “green zone.”
“The blue zone is where the official delegates go, the people that are from Spain, Portugal, Brazil. … And these are the people that make the decisions,” Rucker said. “The indigenous people, they say, don’t have a voice allowed in there. That’s partially why they crashed it.”
Though COP30 did host several events featuring indigenous voices, some native groups stormed the COP30 venue the first week, demanding their voice be heard by the UN.
Rucker told the DCNF that China seemed to have become a “new leader” on the environmentalism and green energy front at the climate conference, though the oriental nation is “pumping out with two coal plants per week.”
Recent media reports have hailed China as a giant in building out “renewables,” though China is far from dependent on intermittent resources like solar and wind as it also churns out new coal plants and is the world’s top emitter.
“They genuinely looked at China as the world leader on climate change,” Rucker noted, branding it as “totally bizarre.”
Rucker recalled that upon the entrance of the “blue zone,” there was a “very impressive Chinese booth.”
Additionally, a statue demeaning Trump stood outside COP30, according to Reuters, as well as a horned jaguar-dragon hybrid statue with its hands gripping the globe. The fanged construction purportedly represented China and Brazil partnering to protect the rainforest.
“The statues are purely political statements: one symbolizes how communism is alive and well in Brazil and China, and the other is a misguided attempt to shame or critique Trump,” Director of the Arthur B. Robinson Center on Climate and Environmental Policy at The Heartland Institute Sterling Burnett told the DCNF. “Trump’s promotion of fossil-fuel development and broader use — especially encouraging developing countries to tap into affordable energy — will do more to help children in poor countries than all the climate agreements and green energy scams combined.”
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