Opinion
UPDATED: SNC Lavalin – Just the Facts Ma’am

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.
—
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
Frontier Centre for Public Policy
Trust but verify: Why COVID-19 And Kamloops Claims Demand Scientific Scrutiny

From the Frontier Centre for Public Policy
Senior Fellow Rodney Clifton calls for renewed scientific scrutiny of two major Canadian narratives: COVID-19 policies and the Kamloops residential school claims. He argues that both bypassed rigorous, evidence-based evaluation, favouring politicized consensus. Critics of pandemic measures, like Dr. Jay Bhattacharya, were wrongly dismissed despite valid concerns. Similarly, the unverified mass grave claims in Kamloops were accepted without forensic proof. Clifton urges a return to the scientific principle of “trust but verify” to safeguard truth, public policy, and democracy.
COVID-19 and Kamloops claims dodged scrutiny – but the truth is catching up
Do we know the best way to decide if specific empirical claims are true?
Of course we do. The best way is by using the procedures of science.
Scientists critically examine the arguments and evidence in research studies to find weaknesses and fallacies. If there are no weaknesses or fallacies, the evidence enters the realm of science. But if there are weaknesses, the research has low or zero credibility, and the evidence does not become a building block of science.
In a historical context, seemingly good evidence may not remain as science because claims are continually evaluated by researchers. This scientific process is not failsafe, but it is far better than other procedures for determining the truth of empirical claims.
This powerful principle is often called “trust but verify,” and it is the idea behind the replication of scientific results.
Today, many such truth claims demand critical examination. At least two come readily to mind.
The first is the claim that the COVID-19 procedures and vaccines were safe and effective.
It is now abundantly clear that the procedures used during the COVID-19 pandemic bypassed time tested scientific protocols. Instead of open scientific debate and rigorous testing, government appointed “scientists” endorsed government-approved narratives. Canadians were told to social distance, wear masks and, most importantly, get vaccinated—often without transparent discussion of the evidence or risks.
Those who questioned the procedures, vaccines or official explanations were dismissed as “deniers” and, in some cases, ridiculed. Perhaps the most notable example is Dr. Jay Bhattacharya, the Stanford epidemiologist and economist who co-authored the Great Barrington Declaration. Despite being vilified during the pandemic, Dr. Bhattacharya is now the head of the U.S. National Institute of Health.
Five years after the pandemic began, it is clear that Dr. Bhattacharya—and many other so-called deniers—were raising legitimate concerns. Contrary to the portrayal of these scientists as conspiracy theorists or extremists, they were doing exactly what good scientists should do: trusting but verifying empirical claims. Their skepticism was warranted, particularly regarding both the severity of the virus and the safety and effectiveness of the vaccines.
The second claim concerns the allegation that Indigenous children died or were murdered and buried in unmarked graves at the Kamloops Residential School.
In 2021, the Kamloops Indigenous Band claimed that 215 children’s bodies had been discovered in the schoolyard. The legacy media swiftly labelled anyone who questioned the claim as a “denier.” Despite millions of dollars allocated for excavations, no bodies have been exhumed. Meanwhile, other bands have made similar claims, likely encouraged by federal government incentives tied to funding.
To date, this claim has not faced normal scientific scrutiny. The debate remains lopsided, with one side citing the memories of unnamed elders—referred to as “knowledge-keepers”—while the other side calls for forensic evidence before accepting the claim.
The allegation of mass graves was not only embraced by the media but also by Parliament. Members of the House of Commons passed a motion by NDP MP Leah Gazan declaring that Indigenous children were subjected to genocide in residential schools. Disturbingly, this motion passed without any demand for forensic or corroborating evidence.
Truth claims must always be open to scrutiny. Those who challenge prevailing narratives should not be disparaged but rather respected, even if they are later proven wrong, because they are upholding the essential principle of science. It is time to reaffirm the vital importance of verifying evidence to resolve empirical questions.
We still need a robust debate about COVID-19 procedures, the virus itself, the vaccines and the claims of mass graves at residential schools. More broadly, we need open, evidence-based debates on many pressing empirical claims. Preserving our democracy and creating sound public policy depend on it because verifiable evidence is the cornerstone of decision-making that serves all Canadians.
Rodney A. Clifton is a professor emeritus at the University of Manitoba and a senior fellow at the Frontier Centre for Public Policy. Along with Mark DeWolf, he is the editor of From Truth Comes Reconciliation: An Assessment of the Truth and Reconciliation Commission Report, which can be ordered from Amazon.ca or the Frontier Centre for Public Policy.
International
Javier Millei declassifies 1850+ files on Nazi leaders in Argentina

MxM News
Quick Hit:
Argentine President Javier Milei has ordered the declassification of over 1,850 historical documents detailing the presence and activities of Nazi officials in Argentina following World War II. The move grants global public access to once-restricted files on high-profile Nazi figures, including Josef Mengele and Adolf Eichmann.
Key Details:
- The files are now publicly available online through an Argentine government portal.
- Notable entries document the postwar movements and false identities of infamous Nazi war criminals, such as Mengele and Eichmann.
- The declassified material was delivered to the Simon Wiesenthal Center to assist ongoing investigations into postwar Nazi financial networks.
Diving Deeper:
The decision by President Milei to declassify over 1,850 official records regarding Nazi officials in Argentina is a historic act of governmental transparency, and one that sheds further light on Argentina’s role as a haven for some of history’s most reviled war criminals.
Among the most chilling revelations are detailed police and immigration records concerning Josef Mengele, the SS doctor known as the “Angel of Death.” The files show Mengele arrived in Argentina in June 1949 using a falsified Italian identity under the name “Gregor Helmut,” facilitated by a passport issued by the International Red Cross. He successfully obtained Argentine legal status with help from the German embassy and remained in the country for years under official cover. Reports describe his profession as “manufacturer” and his later attempts to travel to both Chile and West Germany, supported by certificates of good conduct issued by local authorities.
Another document confirms that West Germany had requested Mengele’s extradition to face a life sentence, yet Argentina denied the request, citing procedural technicalities and taking no action—a decision that allowed Mengele to continue living in freedom in South America until his death in Brazil in 1979.
The files also include information on Adolf Eichmann, one of the chief architects of the Holocaust’s “Final Solution,” who lived in Argentina until his dramatic capture by Israeli Mossad agents in 1960. Additionally, declassified material references Martin Bormann, Hitler’s personal secretary, and Walter Kutschmann, a Gestapo officer responsible for mass atrocities in Poland who lived under an alias in Miramar.
The Argentine government stated that these files were compiled through investigations by the Foreign Affairs Directorate of the Federal Police, the State Intelligence Secretariat (SIDE), and the National Gendarmerie from the 1950s through the 1980s. Until this release, the information could only be viewed in a tightly controlled section of Argentina’s General Archive of the Nation.
The newly declassified files were also handed over to the Simon Wiesenthal Center, supporting its research into financial ties between Nazi officials and institutions like the Swiss-based Credit Suisse. The decision follows a February agreement between President Milei and representatives of the center.
Chief of Staff Guillermo Francos made it clear that this release was at the personal direction of Milei, noting in March, “President Milei gave the instruction to release all documentation [on Nazis who fled to Argentina after World War II] that exists in any State agency, because there is no reason to continue safeguarding that information.”
(AP Photo/Markus Schreiber)
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