TheRuleOfWhat
ExactlyVille
There has already been a whole lot of discussion of the ethics, the politics and the 'fact' that in the end SNC Lavelin did not get the DPA it wanted anyway.
However, I have heard little of any discussion of the following passage from Ms. Philpott's letter of resignation:
"...The solemn principles at stake are the independence and integrity of our justice system. It is a fundamental doctrine of the rule of law that our Attorney General should not be subjected to political pressure or interference regarding the exercise of her prosecutorial discretion in criminal cases..."
Why does this passage matter so much?
Because, if the former AG was was subjected to such pressure and/or interference and if such pressure and/or interference really is regarded as normal 'discussion and debate' around the cabinet table and elsewhere that happens as a matter of course in such matters*, well...
It begs the question.
Are we still a nation of laws or have we become something else?
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*Which is precisely the point that the Minister of Fisheries Jonathan Wilkinson made while he was interviewed by Stephen Quinn on the MoCo's Early Edition this morning....
Paul Wells has more on how 'we' got the DPA process we may not have wanted in the first place in the pixel pages of Macleans.
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Tuesday, March 05, 2019
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4 comments:
Good thought. The "rule of law" seems to be employed rather unequally. We arrest Meng Wanzhou on orders from a foreign country. In Canada we pass legislation to allow corrupt organizations (SNC-Lavalin) to escape criminal prosecution.
Justice may be blind, but it should be equally applied.
I dont think the law is meant to bend in the wind?
In British Columbia a strong majority of the populace supports a public corruption inquiry. Obviously the Attorney General of British Columbia should be best placed to determine whether such an inquiry is warranted.
The Attorney General Act states that the Attorney General:
“(a)
is the official legal adviser of the Lieutenant Governor and the legal member of the Executive Council,
(b)
must see that the administration of public affairs is in accordance with law,
(c)
must superintend all matters connected with the administration of justice in British Columbia that are not within the jurisdiction of the government of Canada,...”
However, the Public Inquiry Act gives Cabinet, not the AG, the authority:
“Establishing a commission
2 (1)
The Lieutenant Governor in Council may, by order, establish a commission to inquire into and report on a matter that the Lieutenant Governor in Council considers to be of public interest.”
Which means it is important that Premier Horgan and Attorney General Eby advise the Public as to their respective positions on establishment of a public corruption inquiry in British Columbia.
Just so we know whether the government considers the lawful administration of justice in the public interest.
JMD--
Ya, and re: Mr. Butts invoking the false equivalency this morning that this was situation, which is a criminal one, was the same as TMX decision, which was regulatory, re: outside consultation is ridiculous on its face.
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Anon-Above--
Unless, of course, the law is written and administered by Bob Seger.
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Lew--
Excellent provincial points.
Personally, given what we've learned about the SNC Lavalin affair so far, I'm now wondering what 'discussion and debate' has gone on re: innocent job holders in the Whaling Industry at the Federal level.
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