Democracy Watch pursuing lawsuit challenging Ethics Commissioner’s ruling sparing everyone except PM Trudeau for pressuring AG to stop SNC prosecution

OTTAWA – Today, Democracy Watch released the application it is pursuing in the Federal Court of Appeal challenging federal Conflict of Interest and Ethics Commissioner Mario Dion’s ruling that let everyone off the hook, except Prime Minister Trudeau, for pressuring former Attorney General Jody Wilson-Raybould to stop the prosecution of SNC-Lavalin by the Public Prosecution Service of Canada (PPSC). Daniel Tucker-Simmons of Avant Law is representing Democracy Watch in the case, Federal Court of Appeal File #A-331-19.

DWatch is challenging this part of the ruling in court because in paragraphs 262-281 (pages 41-44) the Ethics Commissioner summarizes the actions of PMO officials, Cabinet ministers and their staff that put pressure on the Attorney General. However, in paragraphs 282-286 (page 44), the Ethics Commissioner then excuses the actions of everyone except Prime Minister Trudeau on the very questionable basis that the other officials “could not have influenced the Attorney General” and were acting “under the direction or authority of the Prime Minister…”

As the Ethics Commissioner ruled, by attempting to influence the Attorney General PM Trudeau violated section 9 of the Conflict of Interest Act. Other officials also attempted to influence the Attorney General. It is irrelevant whether they had the same power over the Attorney General as the PM has.

“The Ethics Commissioner made the right ruling by finding Prime Minister Trudeau guilty of violating the ethics law for pressuring the Attorney General to drop the prosecution of SNC-Lavalin, but he should have also found other PMO and government officials guilty because they also pressured the Attorney General,” said Duff Conacher, Co-founder of Democracy Watch. “The Ethics Commissioner’s ruling set a dangerous precedent because it says Cabinet staff aren’t covered by the federal ethics law, and can do things that Cabinet ministers are not allowed to do, and that’s why Democracy Watch is challenging the ruling.”

Democracy Watch is also arguing that Ethics Commissioner Dion should have delegated the investigation and ruling on the situation to a provincial ethics commissioner who had no ties to any federal party, given that he was chosen by the Trudeau Cabinet after a secretive, Cabinet-controlled process that failed to consult with opposition parties as required by the Parliament of Canada Act. Mr. Dion also had a record 8 unethical and questionable actions when he was federal Integrity Commissioner.