Trudeau vs. Dion: How the PM and ethics commissioner differ on the SNC-Lavalin affair

The federal ethics commissioner released a damning report Wednesday about the SNC-Lavalin affair, finding Prime Minister Justin Trudeau guilty of violating Canada'sConflict of Interest Act.

According to MarioDion, the prime minister had "directly and through his senior officialsused various means to exert influence" overthen justice minister and attorney general Jody WilsonRaybould. This influence, Dionsaid, was part of an effort to get her to overrule a decision by the director of public prosecutionsto not grant a deferred prosecution agreement to SNC-Lavalin, the Quebec-based engineering firm, which is facing charges of fraud and corruption.

But Dion's reportalso revealed the divide between theprime minister and the ethics commissioner. Here's a breakdown oftheir differing views onwhether the actionsby Trudeau and some of his staff were appropriate.

Inappropriate pressure?

What Trudeau said:

On Feb. 7, the Globe and Mail broke the story thatTrudeau's office had tried to pressure Wilson-Raybould to intervene in the corruption and fraud prosecution of SNC-Lavalin.

Trudeau immediately reacted, saying the allegations in the newspaperwere "false,"and insistedneither henor any of his staff"directed" Wilson-Raybouldto intervene in the case.

WhenWilson-Raybould testified at a justice committee hearing that she faced intense political pressure from Trudeau and senior government officials, he denied the accusations, insisting he and hisstaff "always acted appropriately and professionally."

What Dion said:

In his report, Dion found four significant attempts by Trudeau and staff toinfluence Wilson-Raybould, through tactics he found "troubling."

First attempt

In a Sept. 17, 2018,meeting with Wilson-Raybould, Trudeau and thenPrivy Council clerk Michael Wernick, both Wernick and the prime minister spoke about the "need to find a solution" and the potentialjob losses at SNC-Lavalin.They alsoraised the issue of theupcoming provincial election in Quebec, and the fact Trudeau is MP for Papineau, aQuebec riding nearSNC-Lavalin's corporate headquarters.

Second attempt

On Oct.19,2018, SNC-Lavalin filed an application for a judicial review of the director of public prosecutions' decision. Dion saidat least two attempts were made by an official in the Privy Council Office anda senior adviser in the Prime Minister's Office to have Wilson-Raybouldintervene in the judicial review.

Third attempt

The third attempt to "bend the will"of Wilson-Raybould came asthe PMOpressed herto seek outside counsel, preferably Beverley McLachlin, the former Supreme Court of Canada chief justice. What Wilson-Raybould didn't know was both SNC-Lavalin and a senior adviser in the PMO had already been in touch with McLachlin.

This meant, according to Dion, thatPMOstaff wereasking Wilson-Raybould to seek external advice, "all the while knowing the advice that would be given,and selectively withholding other material information from" her.

Fourth attempt

Dion said the "final and most flagrant attempt" to influence Wilson-Raybould came during a phonecall between herself andWernick (a conversation recorded byWilson-Raybould),Wernick was clearlymaking an appeal on behalf of Trudeau to have Wilson-Raybould reconsider her decision, Dion said. Wernick, Dionsaid, again stated a solution was needed to prevent the economic consequences that would follow ifSNC-Lavalindid not get the remediation agreement.

The buck stops with the PM?

What Trudeau said:

Following the release of the report, Trudeautold reporters thatwhile he disagrees with some of Dion's findings, he takes responsibility "for the mistakes that I made" and the "buck stops with the prime minister."

What Dion said:

According to Dion, Trudeau, in his testimony to the ethics commissioner, saidhe couldnot be held"vicariously liable for the actions of his senior advisers and other senior departmental officials."

Trudeau, Dion said,cited a previous ethics commission report aboutformer prime minister Stephen Harper's chief of staff, Nigel Wright. Wright hadpersonally written a cheque to Senator MikeDuffy for$90,000 to repay the Senate for questionable living expense claims.

(Wright was found in violation of ethic rules, but Harper was not implicated).

But Dion saidnothing in that report suggested Harperwas involved in or even aware of Wright'sscheme.

"Here, in contrast, the evidence abundantly shows that Mr.Trudeau knowingly sought to influence Ms. Wilson-Raybould both directly and through the actions of his agents," Dion wrote.

Economic interests

What Trudeau said:

The prime ministerhas always maintained the dealings with Wilson-Raybouldwere motivated to protect Canadian jobs.In the case of SNC-Lavalin, which employs nearly 9,000 people across the country, the concern has been that a successful criminal prosecution against the company could cost a slew of jobs anddamagetheeconomy, particularly in Quebec.

What Dion said:

Dion said it can't be ignored thata remediation agreement would be in the private interests of SNC-Lavalin, As well, the larger public considerations are "inextricably linked" to SNC-Lavalin's private interests, he wrote.

Dion said the prime ministerhas no business putting forward "any argumentsinvolving public or private interests to the attorney general."

The remediation agreement is clear that only the prosecutor must weigh (or exclude) these interests, Dion said.

Political interests

What Trudeau said:

Trudeau has said that when he raised the point about him being an MP for Papineau, it wasn't of a "partisan nature,"not stressing that it "is our job as parliamentarians to defend the interests of the communities we were elected to represent." Indeed, when Wilson-Raybould asked Trudeau whether he was politically interfering in a criminal prosecution, Trudeau replied he was not and he was merely trying to find a solution, Dion wrote.

What Dion said:

The ethics commissioner said he believes Trudeau raised the issue of Papineauwith Wilson-Raybould "to underscore the fact that his electoral riding was situated in the same province as SNC-Lavalin's headquarters."

Dion said he believed the prime minister also wanted to stress herdecision not to intervene could have larger political repercussions in Quebec, both for the federal and provincial orders of government.

But it is improper touse "political interests" to attempt to influence the attorney general in the context of an ongoing criminal prosecution, Dion wrote.

In the wake of a report on Prime Minister Justin Trudeau's ethics violation in the SNC-Lavalin case, The National'sAt Issue panel reconvenes to discuss how much the latest chapter in this controversy will hurt the Liberals in the upcoming federal election:

Will Trudeaus SNC-Lavalin ethics breach hit Liberals hard in election? | At Issue

5 years ago

Duration 12:47

In the wake of a report on Prime Minister Justin Trudeaus ethics violation in the SNC-Lavalin case, the At Issue panel reconvenes to discuss how much the latest chapter in this controversy will hurt the Liberals in the upcoming federal election.