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
Censorship Industrial Complex
UK Could Weaken Online Censorship Law To Avoid US Trade Battle

As European leaders scramble to shield their economies from impending US tariffs, the UK’s Labour government appears ready to make significant concessions. Facing the risk of economic fallout, Prime Minister Keir Starmer’s administration has reportedly signaled to Washington that it is open to revising the controversial and dangerous Online Safety Act — legislation critics have described as an aggressive censorship regime.
The Act, which gives UK regulators the power to fine tech companies for failing to remove vaguely defined “harmful content,” has been a major point of contention between the two allies and has become a major threat to free speech online. The Trump administration has been especially vocal in its opposition, viewing the law as an affront to free speech and a potential financial burden on US tech giants.
According to The Telegraph:
“Downing Street is willing to renegotiate elements of the Act in order to strike a trade deal, should it be raised by the US, The Telegraph understands. The law has been heavily criticized by free speech advocates and economists, who argue its broad provisions to tackle harmful online content could lead to excessive censorship and deter investment from American tech giants.”
The Online Safety Act arms UK media regulator Ofcom with sweeping new authority over social media platforms, enabling the imposition of multimillion-pound fines for failing to police content according to government directives. While supporters claim the law is necessary to protect users, critics argue that its vague wording and punitive approach encourage preemptive censorship — where platforms remove lawful content simply to avoid regulatory punishment.
President Donald Trump’s return to the White House has intensified scrutiny of the law. The president, who has been highly critical of social media censorship, has surrounded himself with influential voices in the tech world, including Elon Musk, whose platform, X, is already preparing to challenge Ofcom’s authority.
“Another source close to the Trump’s (sic) administration suggested the act was viewed as ‘Orwellian’ in the US and could become a flashpoint in negotiations. ‘To many people that are currently in power, they feel the United Kingdom has become a dystopian, Orwellian place where people have to keep silent about things that aren’t fashionable,’ they said. ‘The administration hate it [Online Safety Act]. Congress has been saying that [it is a concern] ever since it was enacted. Those in the administration are saying the exact same thing.’”
Musk has publicly condemned the Act, and with Ofcom set to gain new enforcement powers in March, tensions between US tech firms and the UK government are likely to escalate. The entrepreneur recently welcomed Trump’s presidency as a potential counterweight to the UK’s regulatory crackdown.
Free speech advocates on both sides of the Atlantic have long warned that Britain’s approach to online regulation represents a stark departure from the First Amendment protections enjoyed in the US. The Free Speech Union and groups like the Electronic Frontier Foundation (EFF) argue that the law’s restrictions on “harmful but legal” speech will lead to widespread content suppression, limiting open debate and investigative journalism.
Lord Young of Acton, the founder of the Free Speech Union, underscored the looming confrontation between UK regulators and US tech leaders:
“If that happens, Trump will side with his tech bros and tell Sir Keir that if he wants a trade deal, he’ll call off his dogs.”
Labour has previously doubled down on online regulation, with its election manifesto promising additional measures to “keep everyone safe online.” However, in the face of potential US trade repercussions, the government’s stance appears to be softening.
From Washington’s perspective, the Online Safety Act has become an obstacle to trade negotiations, raising concerns that UK regulatory overreach could deter American investment. Andrew Hale, a trade policy expert at the Heritage Foundation, confirmed that this issue has been a recurring theme in discussions with US officials.
“Every meeting I have to discuss trade policy with people either in the administration or Congress, they always raise that. They say, ‘This is a huge roadblock’.”
With Ofcom’s enforcement powers set to take effect soon, Britain faces a fundamental choice: cling to its stringent online censorship policies or prioritize economic cooperation with the US. The decision could shape the future of free speech in the UK for years to come.
|
|
You subscribe to Reclaim The Net because you value free speech and privacy. Each issue we publish is a commitment to defend these critical rights, providing insights and actionable information to protect and promote liberty in the digital age.
Despite our wide readership, less than 0.2% of our readers contribute financially. With your support, we can do more than just continue; we can amplify voices that are often suppressed and spread the word about the urgent issues of censorship and surveillance. Consider making a modest donation — just $5, or whatever amount you can afford. Your contribution will empower us to reach more people, educate them about these pressing issues, and engage them in our collective cause. Thank you for considering a contribution. Each donation not only supports our operations but also strengthens our efforts to challenge injustices and advocate for those who cannot speak out. Thank you.
|
conflict
Trump, Putin have begun negotiations to end Russia-Ukraine war

From the Daily Caller News Foundation
By Wallace White
President Donald Trump announced Wednesday that negotiations to end the Ukraine-Russia war are underway following a call with Russian President Vladimir Putin.
Trump said Putin agreed to begin negotiations over Ukraine during the call, with the president saying he would inform Ukrainian President Volodymyr Zelenskyy of the negotiations imminently, according to a Truth Social post. Since the war began in February 2022, the U.S. has spent over $130 billion aiding Ukraine.
“We both reflected on the Great History of our Nations, and the fact that we fought so successfully together in World War II, remembering, that Russia lost tens of millions of people, and we, likewise, lost so many!” Trump said on Truth Social. “We each talked about the strengths of our respective Nations, and the great benefit that we will someday have in working together. But first, as we both agreed, we want to stop the millions of deaths taking place in the War with Russia/Ukraine. President Putin even used my very strong Campaign motto of, “COMMON SENSE.” We both believe very strongly in it. We agreed to work together, very closely, including visiting each other’s Nations.”
Zelenskyy said Friday that he was open to a peace deal amid Trump’s request for Ukraine to supply the U.S. with rare earth elements and other minerals in exchange for aid. During his campaign, Trump vowed to bring peace to Ukraine and the world.
Earlier on Wednesday, Defense Secretary Pete Hegseth said Ukraine joining NATO and returning to its 2014 borders, when it retained control over Crimea and the currently disputed Donbass and Donetsk regions, was not “realistic.”
The White House did not immediately respond to the Daily Caller News Foundation’s request for comment.
-
Alberta2 days ago
Canadians owe Smith a debt of gratitude
-
Business2 days ago
Musk Quietly Inserts DOGE Across Federal Agencies In Move That Could Uproot $162,000,000,000 Govt Industry
-
Business2 days ago
Trump’s steel tariffs will hit BC hard
-
Business2 days ago
FEMA Quietly Slid $59 Million Out The Door For Illegal Migrants To Put Their Feet Up At ‘Luxury Hotels’: Musk
-
Business1 day ago
Canadian official keeping Parliament closed is a member of Trudeau’s family foundation
-
Daily Caller2 days ago
Kevin O’Leary Says Trump’s Tariffs A Gateway To US-Canada Economic Unity
-
Energy2 days ago
Canada must build 840 solar-power stations or 16 nuclear power plants to meet Ottawa’s 2050 emission-reduction target
-
Business2 days ago
Trump reiterates desire to annex Canada after Trudeau admits plan is ‘real thing’