Mr. Lilley has watched too much American television. Obstruction of justice has a much different meaning in Canada where it is confined to incidents where a person interferes with exercise of the lawful duties of a police officer or official or makes misleading statements to an investigator.
That does not indicate that actions taken in the SNC-Lavalin affair are not violations of the Criminal Code. Ironically, efforts by Mr. Trudeau and the PMO to save SNC-Lavalin from prosecution on bribery and fraud charges appear to violate sections 119 to 121 of the Criminal Code:
119 – Bribery of judicial officers, etc.
120 – Bribery of officers
121 – Frauds on the government
Bribery of judicial officers, etc.
119 (1) Every one is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years who
being the holder of a judicial office, or being a member of Parliament or of the legislature of a province, directly or indirectly, corruptly accepts, obtains, agrees to accept or attempts to obtain, for themselves or another person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by them in their official capacity, or
directly or indirectly, corruptly gives or offers to a person mentioned in paragraph (a), or to anyone for the benefit of that person, any money, valuable consideration, office, place or employment in respect of anything done or omitted or to be done or omitted by that person in their official capacity.
There are no exceptions. Mr. Trudeau is a member of parliament. He and members of the PMO put pressure on the Attorney General to do their bidding and it was understood that failure could result in a demotion which later occurred. The office of the AG was the valuable consideration.
I am not a lawyer or prosecutor, so I cannot forecast how a police investigation may proceed or what the outcome will be. Like others, I hope that our justice system will do the right thing and ensure that justice is seen to be done. No person should be above the law. Good intentions are not an excuse for breaking the law. The Ethics Commissioner was clear on that point.
Trudeau broke the law, now we need to know if it was criminal
August 15, 2019
We know that what Justin Trudeau did in the SNC-Lavalin affair was unethical, now we need to know if what he did was criminal.
The Ethics Commissioner found that Trudeau broke the law — violated the Conflict of Interest Act — in pushing for SNC-Lavalin to get a sweetheart deal to avoid bribery and corruption charges.
What the RCMP need to determine now is whether Trudeau is guilty of obstruction of justice.
“The RCMP is examining this matter carefully with all available information and will take appropriate actions as required,” the RCMP said in a statement.
That doesn’t tell us whether Trudeau is actually under investigation, but he should be.
“The evidence abundantly shows that Mr. Trudeau knowingly sought to influence Ms. Wilson-Raybould both directly and through the actions of his agents,” Ethics Commissioner Mario Dion wrote in his report.
For people that think trying to influence the attorney general not to prosecute a company on bribery and corruption charges is no big deal, stop and think about that.
The leader of our national government was trying, as the report stated, to “circumvent, undermine and ultimately attempt to discredit the decision of the Director of Public Prosecutions.”
That means that the leader of our national government wanted to decide whether a company — it could very well have been an individual — would be prosecuted by how he felt about them.
We do not have a justice system that decides who should and should not be prosecuted based on who you know in the PMO, but that is what Trudeau wanted.
The criminal code defines obstruction of justice as someone who “wilfully attempts in any manner to obstruct, pervert or defeat the course of justice in a judicial proceeding.”
Can you say that Justin Trudeau’s actions don’t fit within that definition?
When this story first broke, I asked former Ontario attorney general, and Liberal, Michael Bryant for his thoughts.
Bryant, who now heads up the Canadian Civil Liberties Association, was blunt.
“A lot of police officers have laid a lot of obstruction of justice charges on a lot of ordinary Canadians, with a lot less evidence than this,” Bryant said.
Read on: https://torontosun.com/opinion/columnists/lilley-trudeau-broke-the-law-now-we-need-to-know-if-it-was-criminal
Political commentator, consultant & strategist