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UPDATED: SNC Lavalin – Just the Facts Ma’am

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10 minute read

Opinion by Cory Litzenberger

Let’s take emotion out of it. Let’s take a look at the legislation. While I am not a lawyer, I do interpret tax legislation for a living, and so I decided to take a closer look at the criminal legislation pertaining to the SNC-Lavalin scandal.

The relevant legislation is in 《parentheses》below, but here is the Coles notes:

FACT – in 2015 SNC was charged by the RCMP under Section 3 of the Corruption of Foreign Public Officials Act

《3 (1) Every person commits an offence who, in order to obtain or retain an advantage in the course of business, directly or indirectly gives, offers or agrees to give or offer a loan, reward, advantage or benefit of any kind to a foreign public official or to any person for the benefit of a foreign public official

(a) as consideration for an act or omission by the official in connection with the performance of the official’s duties or functions; or

(b) to induce the official to use his or her position to influence any acts or decisions of the foreign state or public international organization for which the official performs duties or functions.》

FACT – In 2015, the RCMP charged SNC-Lavalin, along with its international division, with corruption and fraud in relation with their business dealings in Libya. The RCMP said officials at the company attempted to bribe several public officials in the country, including dictator Moammar Gadhafi, as well as other businesses in Libya.

FACT – The prosecutor is allowed to enter into a remediation agreement under Section 715.32 of the Criminal Code of Canada , if ALL conditions are met under 715.32(1).

《715.32 (1) The prosecutor may enter into negotiations for a remediation agreement with an organization alleged to have committed an offence if the following conditions are met:

(a) the prosecutor is of the opinion that there is a reasonable prospect of conviction with respect to the offence;

(b) the prosecutor is of the opinion that the act or omission that forms the basis of the offence did not cause and was not likely to have caused serious bodily harm or death, or injury to national defence or national security, and was not committed for the benefit of, at the direction of, or in association with, a criminal organization or terrorist group;

(c) the prosecutor is of the opinion that negotiating the agreement is in the public interest and appropriate in the circumstances; and

(d) the Attorney General has consented to the negotiation of the agreement.》

FACT – for the prosecutor to evaluate their public interest opinion, they must consider subsection 715.32(2) in its entirety which includes many relevant pieces of information except when 715.32(3) overrides it

《 Factors to consider

715.32(2) For the purposes of paragraph (1)(c), the prosecutor must consider the following factors:

[(a) to (h)]; and

(i) any other factor that the prosecutor considers relevant.》

FACT – 715.32(3) says even with all those factors to consider, you can NOT factor in the national economic interest (ie: the jobs argument) if they were charged the way the RCMP charged them

《Factors not to consider

715.32(3) Despite paragraph (2)(i), if the organization is alleged to have committed an offence under section 3 or 4 of the Corruption of Foreign Public Officials Act, the prosecutor must not consider the national economic interest, the potential effect on relations with a state other than Canada or the identity of the organization or individual involved.》

CONCLUSION – the jobs argument is irrelevant under the law in these circumstances – The prosecution knows this – The former Attorney General knows this – and based on the provisions as written, the jobs argument for SNC does not meet the legal requirement for a remediation agreement.

For these reasons, I find in favour of the former Attorney General.
— — — —

Update: While being interviewed on the afternoon of March 7, 2019, I looked even closer at the legislation and caught something I didn’t realize on first glance when reading it.

Notice at the end of 715.32(1)(c) the word “and”.

While I said this means that all of the tests in (a) through (d) must be met, I neglected to say that this means no one person has the sole final decision. The prosecutor is mentioned in (a), (b), and (c); while the Attorney General is only mentioned in (d).

To put another way, this law is written so that it is not solely the decision of the Attorney General, nor the prosecutor. Rather, it requires both the Attorney General and the Prosecutor to agree to proceed with negotiations.

Similar to a scene in the movies where you see nuclear codes kept between two different military heads before proceeding with the launch, such is the wording of this provision.

This means that the Attorney General does not have the final decision and so any suggestion that she does is incorrect. The decision is a joint one with most of the leg work having to be done by the prosecutor, not the Attorney General.

So let me recap: I think it is quite simple, that a Remediation Agreement (aka Deferred Prosecution Agreement) cannot be considered under the “national economic interest” (jobs) argument based on what legislation the RCMP used for the charges.

If that’s the argument, then the answer is “no” and the repeated number of times asking for the former Attorney General to revisit it over a four month period for something that appears so black and white might be considered workplace harassment if I were to do such a thing to one of my colleagues.

So, since the economic argument is moot, what other argument is there?

We heard in testimony that the parties may have wanted the Attorney General to look at it from a stance that does not imply economic interest.

Ironically, “we need to win an election” may actually be legal as “any other factor that the prosecutor considers relevant” but then we would have to assume the prosecutor would have to be partisan, and that is highly not likely in my experience.

So we now know that there must be an agreement between the prosecutor and the Attorney General.

We also know that “economic interest” cannot be the reason under the law.

So, if the law is that clear on economic interest, why would the Attorney General be asked repeatedly for reconsideration, unless it was not “economic interest” they wanted her to consider?

For these additional reasons, I still find in favour of the former Attorney General

Update #2: On March 8, 2019, the Federal Court of Canada ruled in favour of the Public Prosecution Service on SNC Lavalin’s request for judicial review citing:

“The law is clear that prosecutorial discretion is not subject to judicial review, except for abuse of process.” – Federal Court of Canada Justice Kane

Then, on March 11, 2019, the Organisation for Economic Co-operation and Development (OECD) came to the same conclusion as my interpretation of the law regarding the intention of the 1999 agreement, and said:

“political factors such as a country’s national economic interest and the identity of the alleged perpetrators must not influence foreign bribery investigations and prosecutions.” – OECD

We now have confirmation that there is no legal way that a country’s national economic interest can be considered under the law.

For these additional reasons, jurisprudence about the authority of the Public Prosecution Service, and third party reports about the intentions of the 1999 agreement from the OECD, I still find in favour of the former Attorney General for a third time.

Click to listen to Red Deer Accountant Cory Litzenberger on Charles Adler Tonight

Cory G. Litzenberger, CPA, CMA, CFP, C.Mgr is the President & Founder of CGL Strategic Business & Tax Advisors; you can find out more about Cory’s biography at http://www.CGLtax.ca/Litzenberger-Cory.html

CEO | Director CGL Tax Professional Corporation With the Income Tax Act always by his side on his smart-phone, Cory has taken tax-nerd to a whole other level. His background in strategic planning, tax-efficient corporate reorganizations, business management, and financial planning bring a well-rounded approach to assist private corporations and their owners increase their wealth through the strategies that work best for them. An entrepreneur himself, Cory started CGL with the idea that he wanted to help clients adapt to the ever-changing tax and economic environment and increase their wealth through optimizing the use of tax legislation coupled with strategic business planning and financial analysis. His relaxed blue-collar approach in a traditionally white-collar industry can raise a few eyebrows, but in his own words: “People don’t pay me for my looks. My modeling career ended at birth.” More info: https://CGLtax.ca/Litzenberger-Cory.html

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Energy

‘The electric story is over’

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Oil economist Dr. Anas F. Alhajji challenges assumptions about EVs, demand and Canada’s future.

Every episode of Power Struggle offers a different doorway into the global energy system. But every so often I speak with someone who doesn’t merely interpret the data — he dismantles the illusions around it. Energy economist Dr. Anas F. Alhajji is one of those rare voices.

For anyone who follows world oil markets, Anas requires little introduction. He is one of the most widely referenced analysts in global energy economics, managing partner at Energy Outlook Advisors, and a commentator whose views often diverge from the political narratives that dominate Western media. Our conversation, fast-paced and data-driven, reinforced a point I’ve been making for years: many assumptions about the energy transition are overdue for a hard reset.

And if you think the transition is unfolding as advertised, Anas has a simple message: look again.

Peak oil demand — or peak illusion?

We began with the recurring claim, made most notably by the International Energy Agency, that global oil demand is nearing a terminal peak. Anas has long challenged this analysis, but his breakdown was especially stark.

“In May 2025, they said they are revising up global oil demand… They’ve been wrong for 18 straight years. By how much? Two or three years. The total is about 350 million barrels.”

He added an even sharper example.

“In August, they revised up Mexico’s oil demand by a hundred thousand barrels a day — since 2020. With all of this, who is going to believe the IEA?”

If we are going to debate “peak oil demand,” Anas argued, we must start with accurate numbers. And reality, as he laid out, tells a very different story.

Oil demand is higher — not lower

The most striking fact he brought to the table was where global demand sits today.

“Current world demand for oil is 107 million barrels a day.”

That figure sits eight million barrels above 2019 levels, despite rapid growth in electric vehicle sales. And here is where the assumptions collide with the data.

“Right now we have about 55 million EVs… 35 million are in China. The replacement in terms of oil is only 1.3 million barrels a day. That’s it.”

EVs are increasing, yes — but the global vehicle fleet is expanding even faster, and so is mobility demand. A century’s worth of built energy systems does not pivot overnight.

Hybrids now dominate

This brought Anas to the point that may surprise the most people.

“The trend right now is very clear. We are going hybrid. Hybrid. The electric story is over.”

He emphasized that this is not ideological — it is practical. Hybrids outperform EVs on cost, convenience and grid impacts, and consumers are voting with their wallets.

“Hybrid sales have been going through the roof. And this is going to continue… The media reports EV sales all the time. But what matters is the number of EVs on the road.”

This distinction matters. Monthly sales data can create a false sense of momentum. What counts for emissions, infrastructure planning and oil displacement is the stock of vehicles actually in use.

Three ‘scams’ in EV sales reporting

Anas went further, arguing that even sales data does not always reflect real-world adoption. He described what he called three “scams” that inflate EV sales figures globally. He shared one example on air:

“There are many tens of thousands of them in parking lots that are not being sold… A manufacturer calls an official, says: I have 2,000 cars. I will sell them to you. You issue the license plates, you issue the insurance, you get all the subsidies, we split it. But the cars are still in the parking lot.”

On paper, these are “sales.” In reality, they are inventory.

The broader point is that EV market statistics need scrutiny — and policymakers who rely on headline numbers may be basing major decisions on flawed data.

Why Canada still needs another pipeline

We then turned to Canada’s current debates about pipelines and whether the country still needs more tidewater access. Anas answered without hesitation.

“I can tell you without any reservation, we do need another pipeline, another Canadian pipeline to tidewater.”

His rationale was blunt.

“Energy demand globally is increasing at a very high rate in a way that we have never seen before.”

For Canada, this is about competitiveness. Without access to global markets, Canadian oil is priced at a discount — a problem solved only by pipelines reaching the coast.

On LNG: “Canada should go at full speed”

Anas was even more emphatic when discussing natural gas.

“That’s where Canada basically should go at full speed.”

He criticized the idea of a long-term LNG surplus.

“All those ideas about a surplus in LNG… it is nonsense.”

Asian LNG demand is projected to grow sharply, and Canada’s low-emissions LNG — powered by hydro — gives the country a unique competitive advantage.

Why voices like Anas matter

What I value most about conversations like this is the grounding they give us. In energy, narratives and evidence are drifting apart. You may not agree with every assertion, but you can’t dismiss the data. Whether discussing EVs, oil demand, LNG or Canada’s infrastructure, Anas reminds us that aspirations only matter when they intersect with reality.

This episode of Power Struggle is exactly the kind of dialogue we need: sober, data-based, and challenging enough to re-examine assumptions.

You can listen to the full conversation wherever you get your podcasts. If it unsettles a few comfortable stories — that’s the point.

Watch the video on Power Struggle 

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Business

Some Of The Wackiest Things Featured In Rand Paul’s New Report Alleging $1,639,135,969,608 In Gov’t Waste

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From the Daily Caller News Foundation

By Ireland Owens

Republican Kentucky Sen. Rand Paul released the latest edition of his annual “Festivus” report Tuesday detailing over $1 trillion in alleged wasteful spending in the U.S. government throughout 2025.

The newly released report found an estimated $1,639,135,969,608 total in government waste over the past yearPaul, a prominent fiscal hawk who serves as the chairman of the Senate Homeland Security and Governmental Affairs Committee, said in a statement that “no matter how much taxpayer money Washington burns through, politicians can’t help but demand more.”

“Fiscal responsibility may not be the most crowded road, but it’s one I’ve walked year after year — and this holiday season will be no different,” Paul continued. “So, before we get to the Feats of Strength, it’s time for my Airing of (Spending) Grievances.”

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The 2025 “Festivus” report highlighted a spate of instances of wasteful spending from the federal government, including the Department of Health and Human Services (HHS) spent $1.5 million on an “innovative multilevel strategy” to reduce drug use in “Latinx” communities through celebrity influencer campaigns, and also dished out $1.9 million on a “hybrid mobile phone family intervention” aiming to reduce childhood obesity among Latino families living in Los Angeles County.

The report also mentions that HHS spent more than $40 million on influencers to promote getting vaccinated against COVID-19 for racial and ethnic minority groups.

The State Department doled out $244,252 to Stand for Peace in Islamabad to produce a television cartoon series that teaches children in Pakistan how to combat climate change and also spent $1.5 million to promote American films, television shows and video games abroad, according to the report.

The Department of Veterans Affairs (VA) spent more than $1,079,360 teaching teenage ferrets to binge drink alcohol this year, according to Paul’s report.

The report found that the National Science Foundation (NSF) shelled out $497,200 on a “Video Game Challenge” for kids. The NSF and other federal agencies also paid $14,643,280 to make monkeys play a video game in the style of the “Price Is Right,” the report states.

Paul’s 2024 “Festivus” report similarly featured several instances of wasteful federal government spending, such as a Las Vegas pickleball complex and a cabaret show on ice.

The Trump administration has been attempting to uproot wasteful government spending and reduce the federal workforce this year. The administration’s cuts have shrunk the federal workforce to the smallest level in more than a decade, according to recent economic data.

Festivus is a humorous holiday observed annually on Dec. 23, dating back to a popular 1997 episode of the sitcom “Seinfeld.” Observance of the holiday notably includes an “airing of grievances,” per the “Seinfeld” episode of its origin.

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