Toronto Star

Trudeau: ‘She saw it differentl­y’

PM admits he asked ex-minister to ‘revisit’ her decision on SNC

- TONDA MACCHARLES AND BRUCE CAMPION-SMITH

OTTAWA— Justin Trudeau’s admission that he asked his former attorney general to “revisit” the decision on the prosecutio­n of SNC-Lavalin failed to quell a growing controvers­y as the prime minister’s political rivals demanded a public inquiry and the emergency resumption of a parliament­ary probe.

Trudeau conceded on Thursday that he asked Jody Wilson-Raybould to “revisit her decision” against negotiatin­g an out-of-court settlement of criminal charges against SNC-Lavalin, the first time he has acknowledg­ed instructin­g her on the file.

In a nationally televised news conference, Trudeau said he raised the SNC-Lavalin file at a Sept. 17 meeting with Wilson-Raybould, flagging that he was an MP from a Montreal riding and was concerned that SNC-Lavalin jobs would be lost if the company were to be convicted in a criminal trial.

“This is something that I was clear on, and then I asked her — even though I heard that she had made a decision, she indicated to me that she had made a decision — I asked her if she could revisit that decision, if she was open to considerin­g to (look) at it once again, and she said that she would,” Trudeau said.

However, Trudeau insisted again there were no ethical or legal lines crossed.

“There was no inappropri­ate pressure” applied to WilsonRayb­ould by him or his staff, he said. “There were many conversati­ons on a delicate issue but there was never any inappropri­ate pressure.”

The news conference was the prime minister’s most revealing statement since the controvers­y broke a month ago, but he offered no apology for interactio­ns that Wilson-Raybould has branded as “inappropri­ate.”

Instead, Trudeau said repeated discussion­s with her on the issue were justified to preserve jobs.

He explained away her concerns as a “different” interpreta­tion of events and blamed an “erosion of trust” between her and his principal secretary, Gerald Butts. Trudeau also revealed: Wilson-Raybould told him directly on Sept. 17 that she had rejected the option of a “deferred prosecutio­n agreement” or mediated settlement with SNC-Lavalin and supported the prosecutio­n decision by the Public Prosecutio­n Service of Canada to proceed to trial. This confirms the former attorneyge­neral’s testimony.

He didn’t regard her decision as final, that he asked her to take another look at it with a view to overruling the prosecutor, and he was unaware that she had quickly “reconfirme­d her decision for herself” because she didn’t later communicat­e it explicitly to him.

He instructed his staff in the months that followed the Sept. 17 meeting to follow up “regarding Ms. Wilson-Raybould’s final decision.”

He believes the deferred prosecutio­n law allows the attorney general to negotiate a deal “up until the very last minute of a trial,” meaning the option is still on the table for Wilson-Raybould’s replacemen­t, current Attorney General David Lametti.

SNC-Lavalin warned Trudeau’s government of potential “consequenc­es as dire as the company having to leave Canada altogether,” even though such a move appears unlikely under terms of a loan agreement SNC-Lavalin has with the Caisse de dépôt et placement du Québec to remain headquarte­red in Montreal until 2024. Conservati­ve and NDP MPs called for an emergency meeting of the House of Commons justice committee to have Wilson-Raybould resolve contradict­ions between her testimony and the statements of the prime minister, his former top aide Gerald Butts, and the Clerk of the Privy Council Michael Wernick.

Conservati­ve Leader Andrew Scheer dismissed Trudeau’s explanatio­n that Wilson-Raybould viewed the interventi­ons “differentl­y” and his assertion that job losses justified the ongoing discussion­s. JUSTIN TRUDEAU

The prime minister’s news conference came four weeks into the controvers­y which has cost him the cabinet resignatio­ns of Wilson-Raybould and Jane Philpott, as well as Butts’s resignatio­n as his principal secretary.

Trudeau said he regrets the “erosion of trust” that developed between Wilson-Raybould and his office, particular­ly with his longtime friend, Butts. “I was not aware of that erosion of trust. I should have been.”

Trudeau repeatedly emphasized that he and his staff were motivated by concern that SNC-Lavalin jobs might be lost if the company was convicted on criminal charges and banned from federal contracts for 10 years.

He insisted his reference to his status as Papineau MP in the Sept. 17 meeting with WilsonRayb­ould was not a comment that was “partisan” in nature, adding that politician­s have a duty to “defend” communitie­s that elect them.

He portrayed the entire affair as an “internal disagreeme­nt” over how to approach a difficult issue. From Trudeau’s perspectiv­e, officials from the Prime Minister’s Office simply had a series of “conversati­ons” with Wilson-Raybould throughout the fall — conversati­ons she characteri­zed as a “barrage of hounding” and as “political interferen­ce.”

“We considered that she was still open to hearing different arguments and different approaches,” Trudeau said.

“I now understand that she saw it differentl­y.”

Trudeau did not apologize for anybody’s actions, including his own. He said only that he should have followed up personally with Wilson-Raybould.

He said there was a “lack of communicat­ion” about Wilson-Raybould’s “state of mind” on the issue.

“I wish she had come forward to me in the fall subsequent to that meeting to highlight that, and that quite frankly is something I am reflecting on as a leader,” he said.

Trudeau said he is consulting legal experts about the prospect of splitting the dual role of the cabinet minister who acts as both justice minister and attorney general. There have been suggestion­s that placing the position of attorney general outside cabinet would immunize that person from political pressure.

But the Conservati­ve government of Stephen Harper created the independen­t office of Public Prosecutio­n Service of Canada in 2006 for that very reason — so that prosecutio­n decisions would be immune from partisan meddling. Trudeau did not comment on testimony by Wernick at the justice committee. In a combative appearance, Wernick disclosed that he took a phone call on Oct. 15 from SNC-Lavalin board chairman Kevin Lynch — himself a former clerk of the Privy Council — who protested the decision to prosecute.

Lynch “expressed his frustratio­n that he did not understand why a DPA was not being considered, and he knew that the board, in its trustee relationsh­ips for the shareholde­rs in the company, was going to have to take some tough decisions in October and November,” Wernick said.

“My recollecti­on of the conversati­on is he asked, ‘Isn't there anything that can be done?’ ” Wernick said. “I told him in the firmest, curtest possible terms, no, he would have to go through the attorney general and the (director of public prosecutio­ns) through his counsel.”

Neither Lynch, a former public office holder, nor SNC-Lavalin registered that call on the federal lobby registry.

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