POST Online Media Lite Edition



 

Canada court says SNC-Lavalin will undergo avoid criminal prosecution

Staff Writer |
The Federal Court of Canada on Friday dismissed a request by SNC-Lavalin to review a federal prosecutor's decision declining to settle criminal charges against the company out of court.

Article continues below




"The law is clear that prosecutorial discretion is not subject to judicial review, except for abuse of process," Federal Court Justice Catherine Kane said in her ruling Friday.

The decision at issue whether to invite an organization to enter into negotiations for a remediation agreement clearly falls within the ambit of prosecutorial discretion and the nature of decisions that prosecutors are regularly called to make in criminal proceedings, she added.

The Montreal-based engineering giant SNC-Lavalin faces accusations it paid bribes to obtain government business in Libya -- a criminal case that has prompted a political earthquake for Trudeau government.

The company made an unprecedented request for judicial review of a federal prosecutor's decision last September to proceed with charges of fraud and corruption.

The federal prosecution office asked the Federal Court to dismiss the company's request for judicial review. Justice Kane conducted a five-hour hearing on the matter last month.

The prosecutor's decision has been at the heart of a political dispute that has shaken Canada, resulted in the resignations of two ministers of Trudeau government and his principal secretary, and led to dramatic hearings at the House of Commons justice committee after senior officials were reportedly alleged to pressure then attorney general Jody Wilson-Raybould between September and December Last year to help the company avoid prosecution.

Under a 2018 federal law, prosecutors may negotiate a deferred prosecution agreement with corporate offenders. In return for a statement of wrongdoing, a fine and terms intended to ensure good conduct in the future, a company is permitted to settle out of court.

However, Kathleen Roussel, director of public prosecutions, declined to negotiate a deferred prosecution agreement, also known as a remediation last September.

Then attorney-general Jody Wilson-Raybould had the legal authority to issue a public directive to Roussel to negotiate a remediation agreement, but she refused to do so.

Last month, Wilson-Raybould told the House of Commons Justice Committee that she came under relentless pressure from the Prime Minister's Office and other federal officials to ensure the company was invited to negotiate a remediation agreement.

Prime Minister Justin Trudeau and his former principal secretary Gerald Butts refuted the notion any inappropriate political pressure against Wilson-Raybould.

In its submission last October to the Federal Court, the company said while the public prosecutor has discretion to decide whether to open negotiations on a remediation agreement, this discretion "is not unfettered and must be exercised reasonably" under the law.

The company said it provided the prosecutor's office with information showing the objectives of the remediation provisions were "easily met," including details of SNC-Lavalin's efforts to implement a world-class ethics and compliance program, as well as the complete turnover of the company's senior management and board of directors.

It also said the "negative impact of the ongoing uncertainty related to the charges" on its business.

In a response filed last January with the court, the director of prosecutions said SNC-Lavalin's argument is "bereft of any possibility of success and should be struck."

While SNC-Lavalin has the right to be assumed innocent and to a fair trial, it has "no right or entitlement" under common or criminal law to be invited to negotiate a remediation agreement, the director said.


What to read next

SNC-Lavalin confirms that it has made an approach to Ws Atkins
SNC-Lavalin gets green light to sell AltaLink
SNC-Lavalin awarded contract for line 18 of grand Paris express

U.S.: Areas of severe thunderstorms and heavy rain through the weekend

 
Upper-level ridging weakens from the Ohio Valley to the Southeast on Friday, resulting in a reduced area of Heat Advisories over the east.
 
 

Latest

Baker Hughes: U.S. oil rig count down by 6 to 432
Malaysia introduces new rules prohibiting all plastic waste imports from U.S.
Kazakh-German JV Skyhansa to build $500 mln airport near Chinese border
Ukrainian poultry products gained access to Oman market

NEWS

EPPO targets criminal organisation suspected of VAT fraud involving sales of diesel

U.S.: Severe thunderstorms in the Northern Plains and Upper Midwest
Former U.S. senator Bob Menendez begins serving 11-year bribery sentence
Russian-linked tanker crew accused in Finland-Estonia undersea cable sabotage probe
Croatia: Former minister sentenced to two years of imprisonment for abuse of office and authority
U.S.: Widespread showers across the eastern half, severe thunderstorms in Montana into the Plains
 

BUSINESS

Peru's mining exports jump 23 pct

Vietnam encourages private businesses to invest in railway sector
Baker Hughes: U.S. oil rig count down by 1 to 438
AfDB to provide $184.1 million for Africa’s largest solar energy and battery storage project
EIB supports Bay of Biscay electricity interconnection between Spain and France
U.S., UK, and Congolese officials inaugurate Kiswishi City Special Economic Zone
 

Trending Now

Peru's mining exports jump 23 pct

Fire in Egyptian hospital kills at least seven coronavirus patients

Egyptians start paying taxes on imported mobiles

Micron plans to invest $200 billion in semiconductor manufacturing and R&D


POLITICS

New York Power Authority directed to develop nuclear power plant

Cuban President begins official visit to Belarus
EU adopts new tariffs on Russian and Belarusian agricultural goods and fertilisers
EU proposes banning LNG gas imports from Russia by end of 2027
New York Governor announces Sullivan County broadband project
Zimbabwe to ban lithium concentrate exports
 

Today We Recommend

New York Power Authority directed to develop nuclear power plant


Highlights 

Micron plans to invest $200 billion in semiconductor manufacturing and R&D

750 new jobs coming to Michigan

WFS to open new multi-purpose terminal at Lyon Airport


COMPANIES

Micron plans to invest $200 billion in semiconductor manufacturing and R&D

750 new jobs coming to Michigan
LS Cable and unit join Korea-Japan submarine cable project
WFS to open new multi-purpose terminal at Lyon Airport
CEVA Logistics renews contract to transport aeronautics parts between France, Morocco, Tunisia
Malian government takes over Canadian-owned Barrick Gold mine
 

CAREERS

Bluecrux appoints four new partners

Isomorphic Labs appoints Ben Wolf as chief medical officer
Vodacom names new international markets CEO
David Andreadakis joins Loyalty Juggernaut as chief commercial officer
Tom Montali joins CSL as business development director
Concirrus appoints Steve O'Reilly as product manager
 

ECONOMY

EU-Mercosur trade up substantially in last decade

Russia's trade surplus falls 18.3% to $42.4 bln in January-April
U.S. economy in Q1 revised up to 0.2-pct contraction
Japan loses top creditor position for first time in 34 years
NZ exports to EU jump 28% in first year of trade deal
EU generated €39.2 billion surplus in trade in agricultural products
 

EARNINGS

Ericsson Q2 sales down but North America up

Lockton revenue $3.55 billion
Motorcar Parts of America Q4 sales $189.5 million
Limoneira Q2 revenue $44.6 million
Lululemon athletica Q1 revenue increased 10% to $2.2 billion
PVH Q1 GAAP EBIT $205 million
 

OP-ED

Micromanaging is the worst enemy of efficiency and teamwork

Niger set to monetize massive gas reserves through Saharan natural gas pipeline
Putting the brakes on EV folly that choked the market
Oil discovery in Kavango Basin may mean huge benefits for Namibians
Cape Town and Dubai battle over Africa's energy future
Is America going to lose its superpower status?
 

AGRIFISH

Ireland: Minister Donohoe removes broiler poultry farmers from VAT Flat Rate Addition scheme

FLI tests mobile One Health laboratory for diagnosing highly pathogenic pathogens
First vaccine against swine dysentery disease recommended for approval
USDA expands fruit pest quarantines in New York and California
Peru records 23.6% growth in agricultural export sales compared to 2024
China allows imports of rapeseed meal, soybean meal from Uruguay
 

LEADERSHIP

Study: Missing a deadline has a bigger impact than you might think

Employers prefer younger job candidates for AI roles although experienced workers perform same or better
Study finds workers misjudge wage markets
Some organizations may need to expand their hierarchical structures earlier than others
Study finds there's right way and wrong way to deliver negative feedback in workplace
Allyship is critical and its needs appreciation
 

CRIME

German court convicts four ex-Volkswagen managers of fraud in emissions scandal

EU fines carmakers €458 million for anti-recycling cartel
Commission fines Pierre Cardin and its licensee Ahlers €5.7 million for restricting cross-border sales of clothing
BHP, Vale agree to pay $30B damages for Brazil dam disaster
Commission fines České dráhy and Österreichische Bundesbahnen €48.7 million over collusion to exclude common compe
SEC charges Keurig with making inaccurate statements regarding recyclability of K-Cup beverage pod
 

Magazine

TRAVEL

Radisson Hotel Group debuts in the heart of Tunisia’s capital city, Tunis

Morocco’s first Radisson branded hotel opens in Casablanca
Buna channels, an unreal and beautiful part of Bosnia and Herzegovina
JW Marriott unveils Mindful Haven with opening of JW Marriott Hotel Nairobi
Sotheby's Sports Week returns with fantastic artifacts
Red Roof properties open in Michigan
 

SEA, LAND, AIR

Citroën C3 Aircross, the most affordable compact SUV with 7 seats

2025 Chevrolet Equinox stands apart with fresh looks and capability
Hill Helicopters HX50, luxury in the sky
Opel Movano becomes fully equipped camper van
Porsche Panamera, new hybrid variants
Dodge Charger, 670 horsepower of electric
 

DESIGN

Cold night, hot fire pit, cool entertainment

Embellish your home with PVC panels
You'll have to hurry if you want one of 20 new Louis Vuitton watches
Luxury duvet looks good, fells good and keeps you healthy
Vacheron Constantin, watches for life and more
Schüller kitchens, where functionality marries design
 

GADGETS

MESA/Boogie Celebrates 40-year partnership with John Petrucci

reMarkable 2, monochrome tablet for your thoughts and your eyes
OnePlus Ace 3V, first with Snapdragon 7 Plus Gen 3
ASUS Zenfone 11 Ultra, flagship with a reason
Samsung Galaxy S24 is photography powerhouse
Casette tapes are making a big comeback, and so are portable players
 

HEALTH

Bolivia declares national health emergency due to measles outbreak

Hong Kong researchers develop needle-free flu vaccine with broad protection
World's first vaccines that don't need refrigeration entered trials
First patient enrolled in Phase 1 clinical trial of Akiram’s cancer drug candidate
FDA grants marketing authorization of first home test for chlamydia, gonorrhea and trichomoniasis
Human cases of anthrax reported in western Mongolia
 

MEANTIME

Cost of keeping wind turbines out of sight

Mission to "weigh" all of Earth's forests from space launched
NASA's SPHEREx space telescope begins mapping entire sky
Russian academics, gas industry experts see undersea LNG transportation as feasible
India launches space docking experiment mission
World-first carbon-14 diamond battery made