Mr. Speaker, it is my honour to speak to this matter, which I consider it to be very important, both as a member of Parliament and also because of my background as an environmental enforcer.

I take very seriously that when we are dealing with the enforcement of a federal or provincial law, whether it is the Criminal Code or regulatory statute, we have clear procedures that are open and transparent in how we apply those statutes. Many across the country are deeply disturbed right now that there is no clarity on what is going on with this new unique provision.

I am pleased to stand in support of the motion by my colleague from Victoria, calling on the Prime Minister to waive the solicitor-client privilege for the former attorney general with respect to the allegations of interference in the prosecution of SNC-Lavalin and to urge the government to launch a public inquiry under the Inquiries Act.

Very serious questions are being raised by Canadians about recent decisions and actions by the government. Any intervention by any elected member of this place or the Prime Minister's Office is a serious matter involving a matter before a prosecutor. They are concerned about the amendments to the Criminal Code to create alternative processes to respond to white collar crimes with the result of avoiding a criminal prosecution and the direct result to take away the bar to further federal contracts. They are concerned about the tabling of these measures within an omnibus budget bill.

Canadians are also concerned about the limited review only to the finance committee and not to the justice committee. They are concerned about possible interference in the exercise of discretion by the Attorney General in the decision to prosecute or utilize the new deferred prosecution agreement. They are concerned about whether that interference resulted in the resignation of a cabinet minister, the former minister of justice and attorney general.

Finally, they are concerned about the denial by Liberal members of Parliament to allow thorough consideration of these matters before the Standing Committee on Justice and Human Rights.

Through yet another omnibus budget bill, the government chose to amend the Criminal Code of Canada. As many have said in this place, this is despite its stated position while in opposition to oppose omnibus budget bills and changes to law and policy unrelated to economic measures made through budget bills. These Criminal Code amendments, these significant reforms, were made through an omnibus budget bill tabled by the finance minister, not the justice minister.

I wish to concentrate my remarks on the second aspect of the motion, which is the call for a public inquiry.

The process of the application of a deferred prosecution agreement mechanism in the case of criminal charges brought against the company SNC-Lavalin and any involvement of government parties outside of the Attorney General and the public prosecutor merit open and transparent review.

The government's defence of the use of the budget bill to reform criminal law procedures is a pretty clear indicator of the fact it was of the belief that economic advantage could be gained and prevail over rule of law and justice. In the case currently at hand, the charges are brought under a law that actually prohibits any consideration of economic benefits. Some elected officials, particularly at the provincial level, and others are saying that we should not be convicting this company because there may be a loss of jobs, yet the law itself forbids that to be considered at all in the decision by the Attorney General or public prosecutor.

The intended effect of this provision is to enable justice officials to treat a specified list of economic crimes, such as obstructing justice, money laundering, tax evasion, forgery, bribery of officers, fraud, including frauds on the government, through an alternative legal process that avoids criminal charges or convictions. As well, it is on condition of admission of a violation of the law and specified undertakings being given by the person potentially charged to take remediation measures and self-reporting by the parties at fault. It has been suggested in the media that these are exactly the circumstances that have not occurred in this case. Therefore, questions are being raised as to why consideration is being given to this deferred prosecution agreement, when the criteria have not even met the criteria the government has chosen to put in law.

These DPAs have been used in the United Kingdom and the United States, but in quite different ways.

As mentioned earlier, while the law establishing the DPAs prescribes conditions, it does not include a number of matters that were actually recommended by Canadians during the consultation period before the matter came before the House. A condition that has not been included, as recommended by some, was that the decision be in the interest of justice as opposed to the public interest. This is an issue being raised in environmental impact assessments of major projects in that no matter what the criteria are, in the end, the government can just say that it is a matter of national significance or a matter of public interest, so therefore it is going to do it. The suggestion was that the decision be in the interest of justice, as we are dealing with the Criminal Code.

A question raised was whether it should be a condition that would actually serve as a deterrent, yet that is not in the conditions in the DPA. Another condition suggested was whether it would genuinely promote compliance, but this was not an included condition. I find this very odd, as a former law enforcer. Those are the obvious mechanisms we look to in framing prohibitions and framing our enforcement compliance process.

It is noteworthy that the law specifically prohibits consideration of national economic interests when the offence comes under the Corruption of Foreign Public Officials Act, yet in this case, that is precisely the statute the company is being prosecuted under.

I found it very interesting, and we found the same thing with Bill C-69, that the government entertained a period of consultation, in particular with business but also with some judicial officials and some NGOs, before it tabled the bill in the House to enact this provision on enforcement, yet when the bill came up for debate in the House, the government, in its wisdom, chose to add this significant amendment to our main criminal justice statute, the Criminal Code of Canada, at the tail end of an omnibus budget bill.

The Liberal government said that it would not follow what the Conservatives did before. Never would it include provisions that were not economically related. Of course, the bill was tabled by the finance minister, not by the former justice minister.

I want to share with the House what the finance minister said in the House in defence of the mechanism to opt out of being prosecuted:

Mr. Chair, we have put forward a budget, and of course in the budget there are things about how we can make our economy work well. That is the function of this budget. What we have said is that we believe that our approach to deferred prosecution agreements will enable us to pursue an approach that is functioning and doing well in other economies, one that will result in more effective continuation of business success by companies once they have paid their dues to society.

In one case, and the case before us now, one federal statute actually prohibits consideration of the economic impact on the Canadian economy or the economy of a foreign national, yet that is exactly the rationale the finance minister gave for bringing forward this provision. Apparently that was the rationale given, allegedly, to the former attorney general and the public prosecutor. It is very interesting.

The Liberal government, in its wisdom, even though it has brought forward a lot of amendments to the Criminal Code, and in one case actually in an omnibus Criminal Code amendment bill, chose not to bring this significant measure to ensure compliance under the Criminal Code. It decided to do it in a budget bill.

When the matter was referred to committee for review, that aspect of this omnibus budget bill was put before the finance committee. When we look at the proceedings of the finance committee, we see that many members raised concerns that it was not the place for the consideration of an amendment to the Criminal Code. It was the justice committee. The finance committee was not used to reviewing these laws and members said that the bill should be referred to the justice committee. Eventually, the justice committee did call for aspects to be looked at, but then the full review was cut back, because certain Liberal members did not want to consider it.

Why the government chose to bring forward this mechanism the way it did is completely puzzling. It is important for the public to find out exactly how the government is planning to apply this mechanism. We have heard concern after concern about the way this mechanism is opting out of the need for a prosecution and conviction for a serious criminal offence.

Why did the government go this way, and how is it actually applying it in practice? I think it is very important that we have an open and public inquiry so that there is openness and transparency in how the government of the day is intending to apply this mechanism under the Criminal Code.

Linda Duncan

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