OTTAWA — “In the matter of solicitor-client privilege, the member opposite must know that there are real dangers of unintended consequences, particularly on the two court cases currently wending their way through the courts.”
– Prime Minister Justin Trudeau, Feb. 19, 2019
Federal opposition parties resumed their demands this week that Trudeau let former cabinet minister Jody Wilson-Raybould speak to allegations that she felt pressured to avert a criminal trial for Quebec engineering giant SNC-Lavalin.
Wilson-Raybould, who resigned from cabinet last week, has said she cannot comment because she is bound by solicitor-client privilege, which still applies even though she’s no longer the justice minister and attorney general.
The Conservatives and NDP want Trudeau to waive that privilege so Wilson-Raybould can offer her side of the story.
But in response to such a demand from Conservative Leader Andrew Scheer during question period on Tuesday, the prime minister said doing so could harm two court proceedings involving SNC-Lavalin.
Those involve the fraud and bribery case against SNC-Lavalin in connection with its work in Libya nearly a decade ago, and the company’s appeal of the decision by federal prosecutors not to negotiate an agreement that would let it avoid a criminal trial in that case.
So is it true that revealing the discussions between Wilson-Raybould and the prime minister or members of his staff and cabinet have “unintended consequences” on the two cases?
Spoiler alert: The Canadian Press Baloney Meter is a dispassionate examination of political statements culminating in a ranking of accuracy on a scale of “no baloney” to “full of baloney” (complete methodology below).
Trudeau’s remark earns a rating of “a little baloney.”
SNC-Lavalin is facing fraud and bribery charges in relation to business ties between it and Moammar Gadhafi’s regime in Libya and could be excluded from future government contracts here and elsewhere if convicted.
The federal justice minister is unique in that whoever holds the position is also the attorney general, the government’s top lawyer. In that vein, the government can consult the attorney general for legal advice and those discussions can be protected from disclosure.
But the Globe and Mail first reported this month, citing unnamed sources, that Wilson-Raybould felt pressured last fall to intervene and get federal prosecutors to offer the company a deal that would see it pay a fine rather than face a criminal trial. She refused.
Federal prosecutors in October rejected SNC-Lavalin’s request to negotiate a deferred prosecution agreement and pay for the criminal case to be dropped. The company has since appealed that decision and is waiting to find out whether a court will hear its request for a review.
These are the two cases Trudeau mentioned in response to Scheer.
The Liberals have admitted to numerous private discussions about SNC-Lavalin, including a meeting that Wilson-Raybould had with Trudeau in September and another between her and Gerald Butts, Trudeau’s former principal secretary, in December.
Trudeau and Butts have denied directing or otherwise pressuring Wilson-Raybould, who was shuffled out as justice minister and attorney general to veterans affairs last month in a move widely seen as a demotion. She resigned from cabinet Feb. 12.
While Wilson-Raybould has refused to talk about those discussions publicly, citing solicitor-client privilege, she says she has hired former Supreme Court judge Thomas Cromwell to advise her on what she can say.
Trudeau has similarly said that he is consulting Wilson-Raybould’s replacement, Justice Minister David Lametti, on what parts of their conversation can be safely revealed.
WHAT THE EXPERTS SAY
Whether solicitor-client privilege applies to interactions between the attorney general and other officials depends on the circumstances — and when it is invoked, the circumstances that give rise to the claim of privilege should be spelled out, says Toronto lawyer Lee Akazaki of Gilbertson Davis LLP.
That hasn’t happened in this case, aside from Trudeau saying that he told Wilson-Raybould that the decision whether to stop SNC-Lavalin’s prosecution was up to her and that the potential economic ramifications of a guilty verdict for a major company were raised.
That makes it hard to asses the degree to which waiving solicitor-client privilege could affect the criminal case and judicial review.
Assuming the attorney general was asked for advice about the ongoing prosecution, Akazaki says that advice “should be kept confidential in order to prevent any appearance of interference by the executive branch of government in an ongoing judicial proceeding.”
That is particularly relevant in a criminal case or judicial review such as those facing SNC-Lavalin, said Andrew Martin, an expert on legal ethics at the University of British Columbia, who added that once privilege has been waived it can’t be restored.
“I imagine it would inform SNC-Lavalin’s arguments on the judicial review, depending on what was said,” Martin said, “and they could probably use what was said as part of their application for judicial review.”
University of Ottawa law expert Elizabeth Sanderson, who previously served for many years as a federal-government lawyer, echoed the view that SNC-Lavalin’s lawyers could turn around and use any disclosed conversations between Wilson-Raybould and others in their defence.
All of which assumes, she said, that the discussions did touch on the details of the case and were not simply an attempt by Trudeau or his staff to get the former attorney-general to use her powers to intervene.
“There’s a real distinction between talking about the evidence or the legal opinion they developed to say why they think they have to pursue this case, which may reveal some of their strategy in litigation, versus a flat-out: ‘Don’t pursue this case.’ Which has nothing to do with the case.”
Any analysis of the prime minister’s assertion about the impact of waiving solicitor-client privilege is muddied by the fact neither Wilson-Raybould nor Trudeau have elaborated on the nature and context of the discussions that took place around the SNC-Lavalin case.
Still, the fact the case was discussed at the highest levels of government does raise the very real prospect that the contents of those discussions could have an impact on the proceedings and thus any waiver should be carefully considered.
“I think what he said is quite fair,” said Martin. “Don’t get me wrong, it’s politically convenient. I don’t know that he’s unhappy with this answer. But it is the correct answer.”
Akazaki said it is imperative the government provide more information about the nature of the discussions between Trudeau and Wilson-Raybould, but that when it comes to the prime minister’s comment: “Based on what we know at the present time, it is accurate.”
The statement is correct based on what the prime minister has said, but he’s keeping crucial details to himself. For that reason, Trudeau’s comment ranks as “a little baloney.”
The Baloney Meter is a project of The Canadian Press that examines the level of accuracy in statements made by politicians. Each claim is researched and assigned a rating based on the following scale:
No baloney — the statement is completely accurate
A little baloney — the statement is mostly accurate but more information is required
Some baloney — the statement is partly accurate but important details are missing
A lot of baloney — the statement is mostly inaccurate but contains elements of truth
Full of baloney — the statement is completely inaccurate
Lee Berthiaume, The Canadian Press
151st Cowichan Exhibition includes new category: best home-grown pot
VICTORIA — One of Canada’s oldest fall fairs is putting a new twist on its annual showcase of local livestock, produce and fruit by adding a new category for best home-grown marijuana.
The Cowichan Exhibition in Duncan, B.C., which dates back to 1868, has created a best cannabis category to embrace legalization and celebrate local pot growers, said exhibition vice-president Bud James.
The fair starts Friday and the cannabis entries will be on display in the main hall at the Cowichan Exhibition Grounds along with the region’s top vegetables, fruits and baked goods. First prize is $5, second is $3 and third place gets a ribbon.
“We just decided this year, because it’s an agricultural product, and it’s been grown in the valley for years, and now that it’s finally legally grown, we would allow people to win a ribbon for the best,” said James.
He said fair officials believe the Cowichan cannabis category is the first of its kind in Canada.
An official at the Canadian Association of Fairs and Exhibitions, a non-profit organization representing rural and urban fairs, said she had not heard of any other cannabis judging contests prior to the Cowichan Exhibition, but couldn’t confirm it was the first.
A fall fair in Grand Forks, B.C., is also judging local cannabis, but the event starts Saturday, one day after Cowichan’s fair. Those who enter the competition in Grand Forks can compete for best indoor- and outdoor-grown cannabis.
James said fair organizers contacted the local council and RCMP prior to adding the cannabis category. The mayor and council did not oppose the contest and the RCMP referred organizers to B.C.’s Liquor and Cannabis Regulation Branch, the agency monitoring retail sales of non-medical cannabis, he said.
Organizers decided to go ahead with the event after its plans were not rejected, James said.
“Our interpretation of the rules are you can’t make it attractive to people under 19 years and we are not making it attractive,” he said.
James said the cannabis entries will be placed in a glass display case and the individual entries will be sealed in clear zip lock plastic bags.
“It’s being judged to the same standard of judging garden and field produce,” he said. “It’s done by uniformity. You want all three buds to be the same size, same shape, same colour. It’s also the dryness, texture and smell. It’s exactly the same way you would judge apples or carrots or hay bales. It’s all done the same way.”
James said the contest doesn’t involve sampling the product.
Bree Tweet, the manager of a medical cannabis dispensary in nearby Ladysmith, will judge the marijuana entries, said James.
The exhibition received 18 cannabis entries and James said the contest created a buzz at the fair.
“The enthusiasm of the entrants, the people bringing their entry forms, they are so enthusiastic it’s unbelievable,” he said. “They are so thrilled that it’s happening, that we’re doing it because they’ve been waiting for years for legalization and now, they finally got it and now they have a chance to show what they can do.”
James, who has entered his prized Dahlia flowers at past fairs, said the addition of the cannabis category has exceeded expectations with the 18 entries.
Dirk Meissner, The Canadian Press
School board defends book pictured on principal’s desk after online uproar
A Toronto-area Catholic school board says an online firestorm that erupted after a book on how to teach black students was photographed on a principal’s desk stems from a misunderstanding over the book’s contents.
The Dufferin-Peel Catholic District School Board says the book, titled “The Guide for White Women Who Teach Black Boys,” has a provocative title but is actually a helpful resource on tackling racial and cultural oppression in education.
Michelle Coutinho, the board’s principal of equity and inclusive education, says such materials are a particularly useful reference given how diverse the student population is in the district and at that specific school.
The controversy emerged this week after a Brampton, Ont., high school, Cardinal Ambrozic Catholic Secondary School, posted a photo of its new principal on Twitter.
The photo, which shows the book on her desk, set off heated debate, with some suggesting it was a sign of racism or incompetence, or a prop meant to bolster the school’s image.
The image was also shared on instagram by 6ixBuzzTV, a popular account with roughly 1.2 million followers.
“LOOOOL. No principal should make it this far while subsequently needing a book like this,” one person wrote on Twitter. “She a bad principal,” wrote another.
Some defended the book, however, and the principal’s efforts to educate herself. “She’s making an effort to connect with her students, it’s more than most principals do,” another tweet read.
The board said it was surprised by the uproar and hoped people would look up the book before jumping to conclusions based on its title.
The principal intends to address the photo in a public announcement and invite any students with lingering questions to see her, said Bruce Campbell, the board’s spokesman.
The book, written by three researchers and published in 2017, aims to improve outcomes for black students by helping teachers create learning environments in which they feel nurtured and engaged. The title references the fact that white women make up the bulk of the teaching force in the U.S.
Coutinho said the book asks educators to challenge the biases they may bring into the classroom.
“We know that we’re steeped in a colonized kind of world view and how do we break out of that in our everyday practices?” she said, noting it has been used in the board’s anti-oppression training in the past.
Cardinal Ambrozic’s new principal was involved in a book study at several schools that delved deeply into the text last year, Coutinho said.
“If we’re going to make any changes to the education system, we have to start talking about these things and talking about them openly and honestly without shame or blame.”
Paola Loriggio, The Canadian Press
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