National
Democracy Watch Renews Push for Independent Prosecutor in SNC-Lavalin Case
Group says Ontario Crown used “clearly incorrect” legal test to shield Trudeau from private prosecution, calls for independent process free of political ties
Democracy Watch has launched a fresh bid to reopen the door to prosecuting former Prime Minister Justin Trudeau over his alleged role in the 2018 SNC-Lavalin affair, accusing Ontario Crown Counsel of using a legally flawed standard to shut down its private prosecution and continuing what it calls “a smelly cover-up” that began under the Trudeau government.
Read the full press release here
In a new letter sent Wednesday to Ontario Attorney General Doug Downey and Randy Schwartz, the province’s Assistant Deputy Attorney General for Criminal Law, the non-partisan watchdog group is again calling for an independent special prosecutor to review evidence that Trudeau obstructed justice and breached public trust by pressuring then–Attorney General Jody Wilson-Raybould to intervene in the SNC-Lavalin prosecution seven years ago.
This latest appeal comes after Ontario’s Director of the Complex Prosecutions Bureau, John Corelli, used his authority in September to halt Democracy Watch’s private prosecution before it reached a preliminary “pre-enquête” hearing. In that letter, Corelli said there was “no reasonable prospect the Crown could prove that Mr. Trudeau acted with the requisite criminal intent.”
Democracy Watch disputes that reasoning, arguing it misstates the law.
“Crown prosecutors stopping this prosecution for a legally incorrect reason, just like the RCMP did in addition to suppressing key evidence, amounts to a smelly cover-up,” said Duff Conacher, the group’s co-founder and legal expert. “It shows clearly that Canada does not have independent, effective anti-corruption law enforcement and, as a result, corruption in the highest public offices across the country is effectively legal.”
The group’s new letter marks the second time it has asked Ontario’s Attorney General to intervene. In its first request in March, Democracy Watch urged Downey to establish a non-partisan selection committee to appoint a special prosecutor. Downey’s office declined that request in May.
Now, the group is reiterating the demand, saying the independent prosecutor should be chosen by a committee composed of people with no party ties, working alongside opposition leaders, to ensure public confidence in the process.
Conacher’s team argues that Corelli’s reasoning — that the Crown cannot prove Trudeau acted with “criminal intent” — applies the wrong legal test. In its filings, Democracy Watch cites the Supreme Court of Canada’s decision in R. v. Beaudry (2007), which clarified that obstruction of justice requires only that an act be done “willfully” to frustrate the course of justice — not that it be done with corrupt or deceitful intent.
“The Supreme Court has already set the threshold,” Conacher said. “Proof of ‘criminal’ intent isn’t required. It’s enough that someone acted willfully to obstruct the process. That’s what the Crown ignored.”
The group also says that the case against Trudeau is unprecedented and cannot be dismissed out of hand without judicial review. It accuses the RCMP of conducting a “negligently weak and incomplete investigation” that left key questions unanswered and accepted the government’s refusal to release Cabinet records from the time.
Democracy Watch’s original filing included testimony and documents obtained from the RCMP after a two-year access battle. It alleges that the Mounties failed to interview key witnesses, including Wilson-Raybould’s chief of staff Jessica Prince and former Liberal minister Jane Philpott, and withheld portions of their answers in documents finally disclosed. The proposed pre-enquête hearing — which Corelli stopped — would have allowed those witnesses to testify under oath and allowed a judge to decide if the evidence was sufficient to proceed.
The group’s case was supported by Wayne Crookes, founder of Integrity B.C., and represented by Jen Danch of Swadron Associates law firm.
Conacher is now urging Ontario’s Attorney General to “do the right thing” and reverse course.
“Canadians can only hope Ontario’s Attorney General will work with opposition party leaders to establish a fully independent committee that will choose a fully independent special prosecutor to review the evidence,” Conacher said.
He also renewed his call for structural reform of Canada’s anti-corruption enforcement, noting that Quebec’s independent anti-corruption police and prosecution units (UPAC) have operated since 2011, while the RCMP remains under the direct control of Cabinet appointees.
“The RCMP lacks independence from the Prime Minister and Cabinet ministers who handpick its leadership,” Conacher said. “They serve at the pleasure of the government, so they are vulnerable to political interference. To ensure integrity, Canada needs a fully independent anti-corruption police force and independent prosecutors.”
Democracy Watch’s campaign underscores a broader concern that the Trudeau-era SNC-Lavalin controversy, which saw Wilson-Raybould’s resignation, Philpott’s exit, and an Ethics Commissioner finding of improper political pressure, has never been subjected to a full criminal review.
For Conacher, the issue is bigger than one case. It’s about restoring the principle that no one, not even a Prime Minister, stands above the law.
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Business
Here’s what pundits and analysts get wrong about the Carney government’s first budget
From the Fraser Institute
By Jason Clemens and Jake Fuss
Under the new budget plan, this wedge between what the government collects in revenues versus what is actually spent on programs will rise to 13.0 per cent by 2029/30. Put differently, slightly more than one in every eight dollars sent to Ottawa will be used to pay interest on debt for past spending.
The Carney government’s much-anticipated first budget landed on Nov. 4. There’s been much discussion by pundits and analysts on the increase in the deficit and borrowing, the emphasis on infrastructure spending (broadly defined), and the continued activist approach of Ottawa. There are, however, several critically important aspects of the budget that are consistently being misstated or misinterpreted, which makes it harder for average Canadians to fully appreciate the consequences and costs of the budget.
One issue in need of greater clarity is the cost of Canada’s indebtedness. Like regular Canadians and businesses, the government must pay interest on federal debt. According to the budget plan, total federal debt will reach an expected $2.9 trillion in 2029/30. For reference, total federal debt stood at $1.0 trillion when the Trudeau government took office in 2015. The interest costs on that debt will rise from $53.4 billion last year to an expected $76.1 billion by 2029/30. Several analyses have noted this means federal interest costs will rise from 1.7 per cent of GDP to 2.1 per cent.
These are all worrying statistics about the indebtedness of the federal government. However, they ignore a key statistic—interest costs as a share of revenues. When the Trudeau government took office, interest costs consumed 7.5 per cent of revenues. This means taxpayers were foregoing 7.5 per cent of the resources they sent to Ottawa (in terms of spending on actual programs) because these monies were used to pay interest on debt accumulated from previous spending.
Under the new budget plan, this wedge between what the government collects in revenues versus what is actually spent on programs will rise to 13.0 per cent by 2029/30. Put differently, slightly more than one in every eight dollars sent to Ottawa will be used to pay interest on debt for past spending. This is one way governments get into financial problems, even crises, by continually increasing the share of revenues consumed by interest payments.
A second and fairly consistently misrepresented aspect of the budget pertains to large spending initiatives such as Build Canada Homes and Build Communities Strong Fund. The former is meant to increase the number of new homes, particularly affordable homes, being built annually and the latter is intended to provide funding to provincial governments (and through them, municipalities) for infrastructure spending. But few analysts question whether or not these programs will produce actual new spending for homebuilding or simply replace or “crowd-out” existing spending by the private sector.
Let’s first explore the homebuilding initiative. At any point in time, there are a limited number of skilled workers, raw materials, land, etc. available for homebuilding. When the federal government, or any government, initiates its own homebuilding program, it directly competes with private companies for that skilled labour (carpenters, electricians, etc.), raw materials (timber, concrete, etc.) and the land needed for development. Put simply, government homebuilding crowds out private-sector activity.
Moreover, there’s a strong argument that the crowding out by government results in less homebuilding than would otherwise be the case, because the incentives for private-sector homebuilding are dramatically different than government incentives. For example, private firms risk their own wealth and wellbeing (and the wellbeing of their employees) so they have very strong incentives to deliver homes demanded by people on time and at a reasonable price. Government bureaucrats and politicians, on the other hand, face no such incentives. They pay no price, in terms of personal wealth or wellbeing if homes, are late, not what consumers demand, or even produce less than expected. Put simply, homebuilding by Ottawa could easily result in less homes being built than if government had stayed out of the way of entrepreneurs, businessowners and developers.
Similarly, it’s debatable that infrastructure spending by Ottawa—specifically, providing funds to the provinces and municipalities—results in an actual increase in total infrastructure spending. There are numerous historical examples, including reports by the auditor general, detailing how similar infrastructure spending initiatives by the federal government were plagued by mismanagement. And in many circumstances, the provinces simply reduced their own infrastructure spending to save money, such that the actual incremental increase in overall infrastructure spending was negligible.
In reality, some of the major and large spending initiatives announced or expanded in the Carney government’s first budget, which will accelerate the deterioration of federal finances, may not deliver anything close to what the government suggests. Canadians should understand the real risks and challenges in these federal spending initiatives, along with the debt being accumulated, and the limited potential benefits.
Business
Carney budget continues misguided ‘Build Canada Homes’ approach
From the Fraser Institute
By Jake Fuss and Austin Thompson
The Carney government’s first budget tabled on Tuesday promises to “supercharge” homebuilding across the country. But Ottawa’s flagship housing initiative—a new federal agency, Build Canada Homes (BCH)—risks “supercharging” federal debt instead while doing little to boost construction.
The budget accurately diagnoses the root cause of Canada’s housing shortage—costly red tape on housing projects, sky-high taxes on homebuilders, and weak productivity growth in the construction sector. But the proposed cure, BCH, does nothing to fix these problems despite receiving a five-year budget of $13 billion.
BCH’s core mandate is to build and finance affordable housing projects. But this mission is muddled by competing political priorities to preference Canadian building materials and prioritize “sustainable” construction materials. Any product that needs a government preference to be used is clearly not the most cost-effective option. The result—BCH’s “affordable” homes will cost more than they needed to, meaning more tax dollars wasted.
Ottawa claims BCH will improve construction productivity by “generating demand” (read: splashing out tax dollars) for factory-built housing. This logic is faulty—where factory-built housing is a cost-effective and desirable option, private developers are already building it. “Prioritizing” factory-built homes amounts to Ottawa trying to pick winners and losers—a strategy that reliably wastes taxpayer dollars. The civil servants running BCH lack the market knowledge and cost-cutting incentives of private homebuilders, who are far better positioned to identify which technologies will deliver the affordable homes Canadians need.
The government also insists BCH projects will attract more private investment for housing. The opposite is more likely—BCH projects will compete with private developers for limited investment dollars and construction labour. Ottawa’s intrusion into housing development could ultimately mean fewer private-sector housing projects—those driven by the real needs of homebuyers and renters, not the Carney government’s political priorities.
Despite its huge budget and broad mandate, BCH still lacks clear goals. Its only commitment so far is to “build affordable housing at scale,” with no concrete targets for how many new homes or how affordable they’ll be. Without measurable outcomes, neither Ottawa nor taxpayers will know whether BCH delivers value for money.
You can’t solve Canada’s housing crisis with yet another federal program. Ottawa should resist the temptation to act as a housing developer and instead create fiscal and economic conditions that allow the private sector to build more homes.
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