A democratic watchdog is calling on the Ontario government to arrange for an impartial special prosecutor to investigate Justin Trudeau regarding the SNC Lavalin affair.
Democracy Watch has written Ontario’s Attorney General Doug Downey calling on him to have an independently appointed special prosecutor review the evidence and DWatch’s application in the Ontario Court of Justice in Ottawa for approval from the court to proceed with a private prosecution of former Prime Minister Justin Trudeau for pressuring, and directing others to pressure, then-Attorney General Jody Wilson-Raybould to stop the prosecution of SNC-Lavalin in 2018.
Wayne Crookes, founder of Integrity B.C., is a key supporter of the application. Jen Danch of Swadron Associates law firm, is representing Democracy Watch for the application.
The application includes a legal opinion by a retired superior court justice (who offered the opinion on the condition of remaining anonymous) that supports prosecuting Trudeau for obstruction of justice and possibly also for breach of trust. The application also includes a “will say” document that summarizes the reasons for the application, and a summary of how the RCMP failed to investigate and uphold the law properly.
As detailed in Democracy Watch’s recent news release, the RCMP’s investigation was weak, incomplete, delayed and buried for years, and "amounts to an attempted cover up." The RCMP only interviewed four of 15 key witnesses, and is hiding key testimony from Wilson-Raybould, her Chief of Staff Jessica Prince, and her friend and confidante Jane Philpott. The RCMP also accepted the Trudeau Cabinet hiding key internal communication records, and trusted without question the public statements of Trudeau and everyone else who pressured Wilson-Raybould.
As Democracy Watch’s “will say” document details, the RCMP applied an improper legal standard for proving obstruction of justice, and didn’t even consider prosecuting anyone for the general violation of breach of trust.
“The RCMP did a very superficial investigation into the Trudeau Cabinet’s obstruction of the prosecution of SNC-Lavalin, didn’t even interview many witnesses or try to obtain key secret Cabinet communication records, and buried the investigation with an almost two-year delay, and then made a behind-closed-doors, very questionable decision not to prosecute anyone,” said Duff Conacher, Co-founder of Democracy Watch.
Democracy Watch’s position is that the evidence and testimony of all witnesses should be considered by a judge in an open court hearing, and that is why it is applying for court approval to proceed with a private prosecution.
Ontario’s Attorney General has the power to have a Crown prosecutor step in and take over the prosecution, and then stop it from proceeding. The next steps in the private prosecution process are a “speak to” hearing on Friday, March 28th in Ottawa where a judge will consider procedural issues, including scheduling a “pre-enquête” hearing where Democracy Watch would present its evidence and arguments for allowing the prosecution to proceed.
Democracy Watch’s letter calls on Ontario’s Attorney General, working with opposition party leaders, to establish a committee made up of people who have no ties to any political party. The committee would choose a lawyer who has no ties to any party to be an Independent Special Prosecutor who will review the evidence and issue a public decision concerning prosecuting Trudeau. That process would ensure an impartial review and decision concerning whether the Attorney General will have a Crown prosecutor step in, take over and/or stop the prosecution.
“The RCMP lacks independence from the Prime Minister and Cabinet ministers who handpick the RCMP Commissioner and deputy commissioners and division heads through a secretive process, and they all serve at the pleasure of the Cabinet so they are vulnerable to political interference, which is likely part of the reason the RCMP rolled over and let Trudeau off,” said Conacher. “The Attorney General is also a tainted by partisanship as he is from Ontario’s ruling party and so, to ensure integrity and impartiality, a fully independent special prosecutor needs to be appointed to review the evidence concerning whether the prosecution of Trudeau should proceed.”
Conacher said a public inquiry was needed as to why the RCMP "tried to cover up its investigation" and how and why decided against prosecution.