Connect with us

Opinion

UPDATED: SNC Lavalin – Just the Facts Ma’am

Published

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

Follow Author

Opinion

Some scientists advocate creating human bodies for ‘spare parts.’

Published on

From LifeSiteNews

By Heidi Klessig, M.D.

The Stanford researchers admit that some people may find these ideas about clones repugnant but justify them on the basis of research already in progress.

In the 2005 sci-fi thriller The Island, Scarlett Johansson and Ewan McGregor discover that they are clones, created as an “insurance policy” for wealthy people who might need them for “spare parts.” Now, scientists at Stanford are proposing that we make this dystopian fiction a reality. On March 25, 2025, Carsten T. Charlesworth, Henry T. Greely, and Hiromitsu Nakauchi wrote in MIT Technology Review:

Recent advances in biotechnology now provide a pathway to producing living human bodies without the neural components that allow us to think, be aware, or feel pain. Many will find this possibility disturbing, but if researchers and policymakers can find a way to pull these technologies together, we may one day be able to create “spare” bodies, both human and nonhuman.

These researchers say that “human biological materials are an essential commodity in medicine, and persistent shortages of these materials create a major bottleneck to progress.” Using techniques reminiscent of Aldous Huxley’s Brave New World (in which fetuses destined for menial tasks are selectively poisoned to diminish their intelligence), they propose using human stem cells and artificial wombs to create human clones which they call “bodyoids.” The article describes it this way:

Such technologies, together with established genetic techniques to inhibit brain development, make it possible to envision the creation of “bodyoids”—a potentially unlimited source of human bodies, developed entirely outside of a human body from stem cells, that lack sentience or the ability to feel pain.

The researchers say that these neurologically impaired human clones could provide an almost unlimited source of organs, tissues, and cells for use in transplantation. They admit that some people may find these ideas repugnant but justify them on the basis of research already in progress. They correctly point out that we are already using neurologically injured people as research test subjects.

“Brain dead” people who are biologically alive but who have been declared legally dead are currently being used as test hosts for the implantation of genetically modified pig livers and kidneys. These brain-injured people who are being used as xenograft hosts are certainly alive (since they are stable enough to be used as test subjects for implanted animal organs) until they are killed at the end of the experiment for further anatomical and microscopic analysis. The Stanford scientists use this ethically problematic practice to justify creating human clones for research: “In all these cases, nothing was, legally, a living human being at the time it was used for research. Human bodyoids would also fall into that category.”

The scientists admit that human cloning raises ethical problems, saying that the use of bodyoids  “might diminish the human status of real people who lack consciousness or sentience.” But the article is clearly written in the spirit of the ends justifying the means. In their call for action, the authors conclude, “Caution is warranted, but so is bold vision; the opportunity is too important to ignore.”

On the contrary, the value of every human being is what is too important to ignore. We value and protect every person because they are made in the image of God, regardless of the way they were brought into the world. Using unconscious people as research subjects is wrong, both in the case of brain-injured people declared “legally dead” (under the logical fallacy of  brain death), and also with this new proposal for bioengineering human clones. Salve Regina University philosopher Dr. Peter J. Colosi explains it this way:

You, as the person who you are, exist even when you are not conscious, and this means that other human beings who are not conscious could also do that. In the branch of philosophy that I am calling Christian personalism, there have been many convincing arguments developed to show the reasonableness of the presence of a person in all classes of nonconscious or minimally conscious living human beings.

Also, it is wrong to create people with the sole purpose of using them to fulfill our own desires. Dr. Colosi makes this clear:

Furthermore, the creation of human beings with the deliberate intent to destroy some of them for the sake of others…is a clear example of what Pope Francis has referred to as “The Throw Away Culture”: The throwaway culture says, “I use you as much as I need you. When I am not interested in you anymore, or you are in my way, I throw you out.” It is especially the weakest who are treated this way — unborn children, the elderly, the needy, and the disadvantaged.”

Creating people to be used as commodities for “spare parts” is unconscionable. Do we really want to be spending our taxpayer dollars this way? Yet Stanford Medicine’s Center for Clinical and Translational Research and Education just received a $70 million NIH grant. The purpose of this grant is to “accelerate the translation of newly discovered biomedical treatments into interventions that improve patient care and population health.”

Rather than accelerating, we need to stop, expose, and defund these morally abhorrent attempts to purposely bioengineer neurologically impaired human clones as a source of “spare parts.” A pro-life ethic protects all human life from experimentation and abuse.

Heidi Klessig MD is a retired anesthesiologist and pain management specialist who writes and speaks on the ethics of organ harvesting and transplantation. She is the author of The Brain Death Fallacy, and her work may be found at respectforhumanlife.com.

Continue Reading

International

Trump’s ‘Golden Dome’ defense shield must be built now, Lt. Gen. warns

Published on

MXM logo  MxM News

Quick Hit:

Lt. Gen. Trey Obering (Ret.), former director of the Missile Defense Agency, is calling on Congress and the Department of Defense to move quickly in support of President Donald Trump’s vision for a next-generation missile defense system—dubbed the “Golden Dome.” In a Fox News op-ed, Obering argues that a constellation of up to 2,000 satellite interceptors could defend against modern threats from China, Russia, North Korea, and Iran at a fraction of the cost of today’s ground-based systems.

Key Details:

  • The Golden Dome initiative will be presented to President Trump following his executive order mandating the development of advanced national missile defense.

  • Obering says a space-based system, enabled by AI and peer-to-peer networking, could intercept missiles earlier in their trajectory, significantly enhancing U.S. deterrence capabilities.

  • Estimated cost for the full satellite constellation would be less than the price of today’s 44 ground interceptors and global radar network.

Diving Deeper:

In a March 31 op-ed for Fox News, retired Lt. Gen. Trey Obering, who directed the Missile Defense Agency under President George W. Bush, laid out a detailed argument for why President Donald Trump’s “Golden Dome” missile defense shield is both technologically feasible and strategically necessary. “We can do this — and we must,” Obering wrote, emphasizing the urgency of the moment.

According to Obering, the current U.S. missile defense architecture—reliant on ground-based interceptors and radar systems—faces serious limitations in light of the increasingly sophisticated missile technologies being developed by U.S. adversaries. “Our existing missile-defense system cannot easily defeat some of our adversaries’ more modern, sophisticated weapons,” he noted.

The “Golden Dome” proposal envisions a network of up to 2,000 satellites in low Earth orbit, operating as both sensors and interceptors. The concept, which builds on Ronald Reagan’s Strategic Defense Initiative and the shelved “Brilliant Pebbles” program, is now achievable thanks to advances in artificial intelligence, satellite production, and space-based communications. “Each satellite has the knowledge of every other satellite,” Obering explained. “They all serve as both threat sensors and hit-to-kill interceptors.”

Obering pointed to real-world applications of this model in Ukraine, where a peer-to-peer software system—built using concepts from Uber—has helped the Ukrainian military effectively target Russian positions. A similar concept could be applied to satellite-based missile defense. “The networking concept has already proven its effectiveness on the battlefield in Ukraine,” he said.

Importantly, Obering stressed that while no missile shield is perfect, the deterrent power of such a system would be undeniable. “The capability and capacity now exists to defeat single and multiple missile launches, thereby creating strategic deterrence — or ‘peace through strength,’ in the words of both Reagan and Trump,” he wrote.

Cost is another key factor. Obering argued that this next-gen system would come in at a lower price than the 44 ground interceptors currently deployed in Alaska and California. He cited SpaceX’s Starlink, which already has over 7,000 satellites in orbit, as proof of concept for rapid and scalable deployment. “For a defense system charged with safeguarding countless lives and trillions of dollars in assets, this would be money well spent,” he said.

He also warned that bureaucratic delays must not slow the project. “We cannot allow unnecessary bureaucratic hurdles to stifle our progress,” Obering urged. He called on Congress to expedite confirmations of key defense leaders and fully fund the Golden Dome initiative, with the Missile Defense Agency as the lead coordinating body.

With China racing ahead in artificial intelligence and space defense, Obering concluded with a stark warning: “Golden Dome must be built first; the alternative is too terrible to contemplate.”

Continue Reading

Trending

X