Toronto Star

SNC-Lavalin discussion­s ‘lawful, legal’

Nation’s top civil servant insists chat with minister and PM didn’t cross line

- BRUCE CAMPION-SMITH, ALEX BOUTILIER AND ALEX BALLINGALL OTTAWA BUREAU

Jody Wilson-Raybould was under pressure to make the “right” decision on the criminal prosecutio­n of SNC-Lavalin but at no time did she face undue influence, says Canada’s top civil servant, insisting all discussion­s with the former attorney general were legal and appropriat­e.

In a remarkable appearance before the justice committee, Michael Wernick, the clerk of the privy council, denied the allegation at the heart of a controvers­y that has rocked Justin Trudeau’s Liberal government: that Wilson-Raybould was improperly pressured to use a deferred prosecutio­n agreement on the Quebec company.

Opposition MPs have charged that Wilson-Raybould’s refusal to bow to that pressure cost her cabinet post as justice minister in a January cabinet shuffle. Wilson-Raybould has neither confirmed nor denied the allegation­s, but pointedly told the Commons Wednesday that she hopes she has an opportunit­y to “speak my truth.”

Wernick speculated that Wilson-Raybould’s concerns may centre on three meetings held last year — including one where he conveyed “context” about the “consequenc­es” a criminal prosecutio­n of the company might have.

He said that Wilson-Raybould likely felt pressure to “get it right” but he bluntly told MPs Thursday that there were no grounds for the suggestion­s that she was the focus of improper pressure on a court case that has political and economic overtones for the government.

“It is my conclusion and my assertion, based on all the informatio­n I have, that there was no inappropri­ate pressure on the minister of justice in this matter,” Wernick said.

Still he conceded that impression­s of improper influence are subjective and that federal ethics commission­er Mario Dion — who has launched his own probe of the affair — will have to decide whether those interactio­ns crossed the line.

Wernick’s testimony had Ottawa spellbound, as he tackled head-on the controvers­y that has consumed the nation’s capital for the last two weeks and did it in a blunt-spoken manner not usually used by public servants.

The 37-year public servant grabbed attention from the moment he sat down at the microphone, with an eyebrow raising opening statement expressing concerns about the direction of the country and the “rising tide of incitement­s to violence” and his fear of political assassinat­ion in the coming federal election.

Then Wernick got to the manner at hand as he batted aside the suggestion­s that the former justice minister was subject to undue influence on the SNCLavalin file and if she felt she was, she had ample opportunit­ies to report it but did not.

And he said that Wilson-Raybould is not bound by solicitorc­lient privilege, underminin­g the reason that she herself has cited for not telling her version of events.

Wernick predicted that when Wilson-Raybould appears before the committee next week, she will “express concern” about three events, all of which “were entirely appropriat­e, lawful, legal,” he said.

The first was a meeting on Sept. 17 between himself, the prime minister and WilsonRayb­ould. Wernick said that, at the time, Trudeau and his top advisers were consumed with NAFTA negotiatio­ns, and that he was assigned to help mediate “a very serious policy difference” on the government’s Indigenous rights framework between Wilson-Raybould and Crown-Indigenous Relations Minister Carolyn Bennett. The Sept. 17 meeting with WilsonRayb­ould and Trudeau was held to discuss that matter, Wernick said.

Just two weeks earlier, the director of public prosecutio­ns had decided not to proceed with a deferred prosecutio­n in the SNC-Lavalin case. But Wilson-Raybould had the power to overturn that decision.

Wilson-Raybould told the prime minister that a deferred prosecutio­n agreement “was not a good course and she had no intention of intervenin­g,” Wernick recalled. In turn, the prime minister told WilsonRayb­ould the decision to intervene in the case was hers alone, he said.

“That is a message that the prime minister conveyed to the minister on every situation that I am aware of when it came up.”

The next event he predicted Wilson-Raybould would raise was a conversati­on between her chief of staff and officials from the Prime Minister’s Office on Dec. 18. Wernick, however, said he was not there and is not aware of what transpired.

Finally, Wernick highlighte­d his own conversati­on with Wilson-Raybould on Dec. 19. Wer- nick said he wanted to “check in” with her on SNC-Lavalin and the possibilit­y of mediating the criminal charges against the company, as well as other legal issues before the government.

“I conveyed to her that a lot of her colleagues and the prime minister were quite anxious about what they were hearing and reading in the business press about the future of the company, the options that were being openly discussed in the business press about the company moving or closing,” Wernick said.

Asked later if he pressured Wilson-Raybould to intervene in the case and halt the SNCLavalin prosecutio­n, Wernick said no — he doesn’t believe he improperly pressured her.

“There’s pressure to get it right on every decision, to approve, to not approve, to act, to not act. I am quite sure the minister felt pressure to get it right,” he said.

“Part of my conversati­on,” he added, “was conveying context that there were a lot of people worried about what would happen, the consequenc­es — not for her — the consequenc­es for the workers in the communitie­s and the suppliers.”

But he insisted that his conversati­on was within the “boundaries” and did not cross any line.

And if Wilson-Raybould truly had concerns about any of these interactio­ns, Wernick said there were “multiple, multiple, multiple” occasions when she could have raised it with Trudeau — at cabinet meetings or by telephone — or she could have gone directly to the ethics commission­er herself.

Wilson-Raybould declined to speak with the Star Thursday, saying she had to attend a meeting.

The MP for Vancouver-Granville has said little so far, citing solicitor-client privilege. Wilson-Raybould has sought advice from former Supreme Court judge Thomas Cromwell on how much she can say while respecting the bounds of cabinet confidenti­ality and solicitor-client privilege. The government is also weighing whether to waive that privilege.

During his own appearance at the committee earlier in the morning, Justice Minister David Lametti said that discussion­s between the prime minister, cabinet ministers and the attorney general on the issue would be routine and appropriat­e.

“The attorney general can’t be an island,” Lametti told the committee Thursday morning, while stressing that the final decision about prosecutio­ns rest with the attorney general.

Lametti, who took over as attorney general and justice minister last month, was the first witness as the justice committee began its own investigat­ion into the controvers­y, one opposition MPs charge is limited because the Liberals refuse to call Trudeau’s own aides.

He walked a cautious line, refusing to comment on the meetings that Trudeau and his officials had with Wilson-Raybould, saying he wouldn’t “speculate” on those discussion­s or even whether they took place.

Lametti said while he had a general understand­ing of the issue as a Quebec MP, he had no conversati­ons with the prime minister on the file prior to taking on the role of justice minister. Asked whether he has come under pressure since taking the post, Lametti responded, “I have not.”

Trudeau himself conceded Thursday that Canadians want to know about the allegation­s swirling around his government but getting those answers will depend on legal advice on how much can be said on the matter.

 ?? ADRIAN WYLD THE CANADIAN PRESS ?? David Lametti said he has not experience­d political pressure since taking on the justice portfolio.
ADRIAN WYLD THE CANADIAN PRESS David Lametti said he has not experience­d political pressure since taking on the justice portfolio.

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