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‘A little baloney’ in PM’s claim about solicitor-client privilege on SNC-Lavalin

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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.”

THE FACTS

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.”

THE VERDICT

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.”

METHODOLOGY

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

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Lifestyle

Exploring Gros Morne Newfoundland with Gerry Feehan

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Exploring Gros Morne Newfoundland with Gerry Feehan

The view from atop Gros Morne is spectacular.

The talk of salt cod and moose started before we’d even made landfall on The Rock. On the ferry from North Sydney, Nova Scotia to Port Aux Basques, Newfoundland, a wizened fellow regaled us with stories of jigging for fish with his cousin and bagging a bull moose with his wife. It was late September.

He was pleased as punch that the freezer was stocked with sufficient cod and moose meat to see the family through a harsh Newfoundland winter. As

Florence and I drove off the ferry the man motioned us with a gnarly finger. I rolled down the window.

“Safe travels me-son. And don’t drive at night on The Rock,” he warned, “sometimes the moose are so thick you have to get out of the car and push them off the road.”

We were on Newfoundland’s southwest tip. The island is bigger than I had expected. The first road sign we saw proclaimed, ‘St John’s 890km’. But before heading to the distant capital on the Avalon Peninsula we wanted to explore the west of Newfoundland, Gros Morne National Park and L’Anse Aux Meadows, where Leif Erickson established North America’s first European settlement 1000 years ago—500 years before Columbus set foot on Hispaniola in the sunny Caribbean.

The drive north from Port Aux Basques was slow going. Along the highway, workers were installing the new transmission line from Muskrat Falls in neighbouring Labrador on the mainland. This project is an expensive undertaking—and considered by some Newfoundlanders just another dam boondoggle. Many Islanders also still bristle at the mention of Churchill Falls, a hydroelectric legacy from the era of Joey Smallwood, Canada’s last Father of Confederation.

Fall colours were near peak as we drove past lovely Corner Brook and leafy Marble Mountain. We enjoyed a late-season round of golf at Humber Valley Resort, ranked Canada’s 6th best public golf course. The rolling fairways were flanked by yellow, gold and red-hued deciduous trees and stoic evergreens. There were no moose on course, but a solitary black fox did greedily eye my ball on the green at the signature par 4 10th.  A little further down the TransCanada we made a sharp left at Deer Lake onto Hwy 430, bound for Gros Morne and the rugged west coast.

 

Life is hard on The Rock.

Gros Morne National Park is remarkably diverse. The pebbled shoreline of Rocky Harbour gives way to a series of finger lakes, forming magnificent inland fjords. South, across Bonne Bay, lie the Tablelands where Earth’s mantle has squeezed to the surface and only the odd pitcher plant and a few other hardy species can survive the acidic, infertile ancient soil. And lording over all is Gros Morne, Newfoundland’s second highest mountain, which we intended to climb.

The night before our ascent we stopped at Park Headquarters to pick up a trail map.

“Be careful me-loves,” warned the ranger, “specially if you see a tick fag.”

“We most certainly will,” I assured her, glancing over my shoulder. In the morning, low dense clouds roiled out over the sea but the sky above Gros Morne was crystal clear. No tick fag up there.

The hard part about summiting Gros Morne Mountain isn’t the summit itself. The top is flat as a pancake, a broad sparse plain where caribou graze on lichen—and rock ptarmigan nest. The difficult portion of the ascent is ‘the Gully’ a breathless hour of bouldering through frost-shattered rock that precedes the Arctic tundra of the plateau. ‘Big Lone Mountain’ tops out at 806m (2600 ft) and since the hike starts pretty much at sea level, the elevation gain is just that. As we exited the Gully, our calm fall day rapidly deteriorated into wintery conditions atop the windswept barren.

A rock ptarmigan strolls the summit.

We snapped a quick pic at the signpost marking the high point before scurrying toward the descent on the far side of the mesa. There we met two young women who had stopped for a terrifying selfie on the precipice overlooking Ten Mile Pond. I could barely stand upright as we screamed at each other over the wind. The Parks Canada brochure warns trekkers to be prepared for an arduous climb and that “hikers have fallen from the ledge… and died.” Watching the gals pose near the cliff in this gale, I wondered, “Fallen? More likely blown.”

That night, at the Ocean View Hotel in Rocky Harbour, we enjoyed our first Newfoundland kitchen party, where we were screeched in and kissed the cod, courtesy of local celebrity Dave Shears. I joined our host on stage for a couple of songs.

“Stick around and strum a few after the others have left,” he offered, “and we’ll have a cuffer ‘bout dis and dat.”

So, long after the cod had been smooched, the screech ‘inned’ and the bar doors barred, we were still singing, quaffing—and trading yarns with our convivial hosts.

Western Brook Pond is a glacier-carved, masterpiece of nature. A cruise on this fresh-water fjord is mandatory for any visit to Gros Morne. But check the forecast. Chances are that you’ll walk 40 minutes from the parking area to the pier only to find the boat ride has been cancelled due to foul weather.

But even if the outing is kiboshed, the 2km hike through tuckamore forest, with long stretches of boardwalk over peaty bogs and around fragile wetlands, is worth the amble. Luckily we had a good day for it. The boat meandered slowly to the far end of the long, narrow lake, squeezing between sheer, 750m high cliffs. Everywhere waterfalls cascaded to the surface from the dizzying heights. Since Newfoundland is a land of perpetual impromptu music, the boat’s crew couldn’t refrain from scratching their musical itch during the two-hour tour.

When not attending to his maritime duties, the first mate played the spoons. Passengers clapped accompaniment while Celtic jigs blared over the ship’s loudspeakers.

Sheer cliffs define the fresh-water fjord.

The next evening the live entertainment continued at the Gros Morne Music Festival in Cow Head with fiddling, percussion and a sad, a capella ballad recounting the hard life of early Newfoundlanders. After midnight, walking back to our campground, the wind began to freshen. At 3am we were shaken awake by a strong sou’ wester – and slept only in fits and starts for the rest of the night.

Our plan was to hit the road early for the 350km drive to l’Anse aux Meadows on the extreme tip of the Northern Peninsula. But by morning the gusts were blowing in at 100kph – a sad portent for motor home travel. We decided to hunker down and wait out the tempest. But one by one our resolute fellow campers pulled up stakes. Soon we were the sole remainders. Suffering from FOMO, I threw caution to the gale-force wind, pulled out onto the narrow, winding highway and, as they oddly say in Newfoundland, steered north ‘down the coast.’

Next time: L’Anse aux Meadows and more tales from The Rock.

Gerry Feehan is an award-winning travel writer and photographer. He lives in Kimberley, BC.

Gerry Feehan is an award-winning travel writer and photographer. He and his wife Florence live in Kimberley, BC!

Thanks to Kennedy Wealth Management for sponsoring this series.  Click on the ads and learn more about this long-term local business.

 

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Alberta

Stand Together Against Bullying – Pink Shirt Day 2021

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Wednesday, February 24, 2021 is the 14th annual Pink Shirt Day, a globally recognized movement to end bullying in all its forms and encourage the growth of a global community built on acceptance and support regardless of sex, age, background, gender identity, sexual orientation or cultural differences. 

Pink Shirt Day originated in 2007 in the eastern Canadian province of Nova Scotia, in a local story that captured national – and eventually international – attention, when a new 9th grade student walked in on the first day of school wearing a pink polo shirt. 

Travis Price and David Shepherd are the two young men responsible for unintentionally launching the global pink shirt movement. According to Price and Shepherd, a group of students were physically and verbally bullying the young man for wearing pink to school. As senior students, Price and Shepherd saw the situation as an opportunity to set an example and take a stand against bullying in their school.
That night the two went and purchased 75 pink tank tops and released a call on social media (MSN messenger at the time) encouraging their fellow students to show up at school the next day wearing pink. According to Price, in a school of roughly 1000 students, “700 to 850 kids showed up wearing pink. It was incredible.” 

 

Since 2007, the movement has gained exponential traction and is now recognized in communities all around the world as individuals come together in an international display of solidarity against the devastating impacts of bullying.
The global movement to end bullying has led to the creation of countless local, national and internationally available resources, but there is still a long way to go.

Bullying Canada identifies 4 distinct types of bullying: verbal, physical, social and cyber. Short term and long term effects of bullying vary based on each situation, and can lead to damaging and dangerous outcomes for victims, friends, bystanders and countless others. While commonly associated with children and young adults in school, bullying impacts individuals of all ages and backgrounds in many areas of life, including the workplace.
Statistics released by Safe Canada revealed that 47% of Canadian parents have at least one child that has experienced bullying, while approximately 33% of the population experienced bullying as a child, and 33% of teenagers reported being bullied recently. Furthermore, around 40% of Canadians reportedly experience bullying in the workplace on a weekly basis.

If you, or someone you know is struggling with bullying, reaching out is the first step. You are not alone, and help is available. Extensive networks of resources exist in Alberta and across Canada to provide support, aid and solutions for those experiencing bullying. 

For support from Bullying Canada, call (877) 352-4497, or email [email protected]

The Alberta 24-hour Bullying Helpline can be reached at 1-888-456-2323, or the online Bullying Helpline Chat can be accessed here.

For more resources on how to identify a bullying situation, get help, or help someone in need, visit https://www.alberta.ca/bullying-how-to-help-others.aspx.

For more stories, visit Todayville Calgary.

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