Connect with us

Opinion

UPDATED: SNC Lavalin – Just the Facts Ma’am

Published

10 minute read

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.

Click to listen to Red Deer Accountant Cory Litzenberger on Charles Adler Tonight

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

CEO | Director CGL Tax Professional Corporation With the Income Tax Act always by his side on his smart-phone, Cory has taken tax-nerd to a whole other level. His background in strategic planning, tax-efficient corporate reorganizations, business management, and financial planning bring a well-rounded approach to assist private corporations and their owners increase their wealth through the strategies that work best for them. An entrepreneur himself, Cory started CGL with the idea that he wanted to help clients adapt to the ever-changing tax and economic environment and increase their wealth through optimizing the use of tax legislation coupled with strategic business planning and financial analysis. His relaxed blue-collar approach in a traditionally white-collar industry can raise a few eyebrows, but in his own words: “People don’t pay me for my looks. My modeling career ended at birth.” More info: https://CGLtax.ca/Litzenberger-Cory.html

Follow Author

Energy

What does a Trump presidency means for Canadian energy?

Published on

From Resource Works

Heather-Exner Pirot of the Business Council of Canada and the Macdonald-Laurier Institute spoke with Resource Works about the transition to Donald Trump’s energy policy, hopes for Keystone XL’s revival, EVs, and more. 

Do you think it is accurate to say that Trump’s energy policy will be the complete opposite of Joe Biden’s? Or will it be more nuanced than that?

It’s more nuanced than that. US oil and gas production did grow under Biden, as it did under Obama. It’s actually at record levels right now. The US is producing the most oil and gas per day that any nation has ever produced in the history of the world.

That said, the federal government in the US has imposed relatively little control over production. In the absence of restrictive emissions and climate policies that we have in Canada, most of the oil production decisions have been made based on market forces. With prices where they’re at currently, there’s not a lot of shareholder appetite to grow that significantly.

The few areas you can expect change: leasing more federal lands and off shore areas for oil and gas development; rescinding the pause in LNG export permits; eliminating the new methane fee; and removing Biden’s ambitious vehicle fuel efficiency standards, which would subsequently maintain gas demand.

I would say on nuclear energy, there won’t be a reversal, as that file has earned bipartisan support. If anything, a Trump Admin would push regulators to approve SMRs models and projects faster. They want more of all kinds of energy.

Is Keystone XL a dead letter, or is there enough planning and infrastructure still in-place to restart that project?

I haven’t heard any appetite in the private sector to restart that in the short term. I know Alberta is pushing it. I do think it makes sense for North American energy security – energy dominance, as the Trump Admin calls – and I believe there is a market for more Canadian oil in the USA; it makes economic sense. But it’s still looked at as too politically risky for investors.

To have it move forward I think you would need some government support to derisk it. A TMX model, even. And clear evidence of social license and bipartisan support so it can survive the next election on both sides of the border.

Frankly, Northern Gateway is the better project for Canada to restart, under a Conservative government.

Keystone XL was cancelled by Biden prior to the invasion of Ukraine in 2022. Do you think that the reshoring/friendshoring of the energy supply is a far bigger priority now?

It absolutely is a bigger priority. But it’s also a smaller threat. You need to appreciate that North America has become much more energy independent and secure than it has ever been. Both US and Canada are producing at record levels. Combined, we now produce more than the Middle East (41 million boe/d vs 38 million boe/d). And Canada has taken a growing share of US imports (now 60%) even as their import levels have declined.

But there are two risks on the horizon: the first is that oil is a non renewable resource and the US is expected to reach a peak in shale oil production in the next few years. No one wants to go back to the days when OPEC + had dominant market power. I think there will be a lot of demand for Canadian oil to fill the gap left by any decline in US oil production. And Norway’s production is expected to peak imminently as well.

The second is the need from our allies for LNG. Europe is still dependent on Russia for natural gas, energy demand is growing in Asia, and high industrial energy costs are weighing on both. More and cheaper LNG from North America is highly important for the energy security of our allies, and thus the western alliance as it faces a challenge from Russia, China and Iran.

Canada has little choice but to follow the US lead on many issues such as EVs and tariffs on China. Regarding energy policy, does Canada’s relative strength in the oil and gas sector give it a stronger hand when it comes to having an independent energy policy?

I don’t think we want an independent energy policy. I would argue we both benefit from alignment and interdependence. And we’ve built up that interdependence on the infrastructure side over decades: pipelines, refineries, transmission, everything.

That interdependence gives us a stronger hand in other areas of the economy. Any tariffs on Canadian energy would absolutely not be in American’s interests in terms of their energy dominance agenda. Trump wants to drop energy costs, not hike them.

I think we can leverage tariff exemptions in energy to other sectors, such as manufacturing, which is more vulnerable. But you have to make the case for why that makes sense for US, not just Canada. And that’s because we need as much industrial capacity in the west as we can muster to counter China and Russia. America First is fine, but this is not the time for America Alone.

Do you see provinces like Alberta and Saskatchewan being more on-side with the US than the federal government when it comes to energy?

Of course. The North American capital that is threatening their economic interests is not Washington DC; it’s Ottawa.

I think you are seeing some recognition – much belated and fast on the heels of an emissions cap that could shut in over 2 million boe of production! – that what makes Canada important to the United States and in the world is our oil and gas and uranium and critical minerals and agricultural products.

We’ve spent almost a decade constraining those sectors. There is no doubt a Trump Admin will be complicated, but at the very least it’s clarified how important those sectors are to our soft and hard power.

It’s not too late for Canada to flex its muscles on the world stage and use its resources to advance our national interests, and our allies’ interests. In fact, it’s absolutely critical that we do so.

Continue Reading

conflict

US and UK authorize missile strikes into Russia, but are we really in danger of World War III?

Published on

From LifeSiteNews

By Frank Wright

Hopefully a world war appears unlikely, but the decision to allow Ukraine to shoot U.S. and U.K.-provided missiles into Russia once again reveals the lengths to which the ‘neocon globalists’ will go to throw a lifeline to their failing business model.

News that the lame duck President Joe Biden has authorized long-range strikes into Russia using NATO systems was announced with the alarming warning that he had “started World War III.”

The following day, U.S.-supplied and operated ATACMS missiles were fired into Russia.

Russian Foreign Minister Sergei Lavrov described the authorized strikes as an “escalation” showing that the West wants war.

“The fact that ATACMS were used repeatedly in the Bryansk region overnight is, of course, a signal that they want escalation,” he said, according to Reuters.

Lavrov continued: “Without the Americans, it is impossible to use these high-tech missiles, as Putin has repeatedly said.”

Why would the U.S. president finally give the green light to use NATO systems to attack Russia? German Chancellor Olaf Scholz has refused to follow suit and supply German-made Taurus cruise missiles to Ukraine – because he does not want to see Germany drawn into a direct war with Russia.

British Prime Minister Keir Starmer responded by suggesting it is only a matter of time before U.K.-supplied Storm Shadow cruise missiles strike deep into Russian territory.

The U.K. government has been behind a long campaign to escalate the war in Ukraine, a move seen as an attempt to secure continued U.S. commitments in Europe. The Trump camp has long signaled its desire to draw down its security provision to leave a “dormant NATO.”

In an indication of the dangers of the U.K.-backed move by Biden, Russian President Vladimir Putin announced an alarming amendment of the Russian nuclear doctrine.

The policy change, announced in September and published following Biden’s announcement, says “an attack from a non-nuclear state, if backed by a nuclear power, will be treated as a joint assault on Russia,” according to the BBC.

Russian nuclear doctrine has long included the use of low-yield “tactical” nuclear weapons in “conventional” warfare – a significantly lower threshold than that of NATO.

While Russian officials urged Western leaders to consult the text, Foreign Minister Lavrov stressed that “we strongly are in favor of doing everything to not allow nuclear war to happen.”

As Reuters reported, this latest provocation is “unlikely to be a gamechanger.” Western media outlets have moved from a narrative of Ukrainian victory to mulling how or even if the state of Ukraine can survive its “inevitable” defeat.

Yet it is not only Ukraine which faces an uncertain future with a Russian victory. The entire globalist order faces a significant blow should the war conclude. Statements from figures such as George Soros, U.S. General Mark Milley, E.U. chief Ursula von der Leyen, and the former head of NATO stressed that their liberal-globalist regime is threatened by defeat in Ukraine.

Biden’s decision has been seen as an attempt to frustrate Donald Trump’s declared agenda – to clear out the “deep state globalists” whose “neocons seeking confrontation … such as Victoria Nuland” have led the U.S. into endless wars since that in Iraq.

An escalation to all-out war with Russia would not only be a disastrous precursor to nuclear escalation, but would also preserve the dominance of the same “neocon globalists” whose “forever wars” Trump has pledged to end.

Arch-neocon Robert Kagan said Americans who support ending wars are “intolerant.” He went on to author two articles which Hitlerized Trump and appeared to incite the assassination of a man who promised in his 2024 victory speech, “I’m not going to start wars. I’m going to stop wars.”

This follows a long series of claims in the same vein.

“I will end the war in Ukraine,” Trump declared in February 2023, saying he would also end “the chaos in the Middle East” and “stop World War III.”

 

This move by Biden has no military significance in improving Ukraine’s chances of victory. Russia claimed to have shot down seven of eight ATACMS fired into its Bryansk region. Yet prolonging or even escalating this war has enormous political significance.

Since the publication of the RAND Corporation’s 2019 paper “Overextending and Unbalancing Russia,” a strategy of bleeding Russia on the battlefield to collapse its government has been clear. Russia’s near-limitless mineral wealth would provide an obvious boon to a Western system self-sabotaged by sanctions and the destruction of the Nordstream gas supply.

The enormous significance of the war is found in its use as an attempt to extend and consolidate the power of the same system of neocon “globalism” which Trump has vowed to end.

This context explains why the U.K. government has consistently pressed for escalation since the 2022 intervention of then-Prime Minister Boris Johnson seems to have sabotaged peace in favor of an all-or-nothing gamble towards “regime change” in Russia.

Since then, the U.K. government has urged the authorization of long-range strikes into Russia, and it has supplied cruise missiles to attack Russian over-the-horizon nuclear radar warning systems, which play no role in the Ukraine war.

Reports have confirmed “terrorist operations” in Russia, including attacks on the Kerch Bridge leading to Crimea were U.K.-led. A recent expose by The Grayzone revealed that the British state appears to be training Ukrainians to fight a guerilla war, extending hostilities even beyond any ceasefire.

Ukraine’s recent and failed offensive into Russia’s Kursk region appears to have also been a British operation – to secure the kind of “morale boost” which Alastair Crooke says is the only significant war-fighting contribution of the authorization of “wonder weapons” like ATACMS.

The ATACMS authorization was heralded as a turning point in the war by Foreign Affairs. Yet the suspicion of Responsible Statecraft that it was a “sideshow that may become a tragedy” appears to have been confirmed.

The grim reality of this war is underscored by the fact that measures taken which will result in even more needless loss of human life are done so to legitimize useful propaganda headlines. This is undertaken to sell a war which has long been predicted to end as it now seems certain to do so: with a victory on Russian terms.

Though it appears unlikely that a world war will result from this latest reckless move, what has been demonstrated once more is the lengths to which the “neocon globalists” will go to throw a lifeline to their failing business model.

That lifeline is perpetual war, and when they end – so do the careers of so many whose livelihoods and reputations depend on keeping them going.

Continue Reading

Trending

X