RCMP probe of SNC-Lavalin affair faced hurdles but commissioner 'comfortable' with end result
Catharine Tunney | CBC News | Posted: October 23, 2023 9:39 PM | Last Updated: October 23, 2023
Mounties have said there was insufficient evidence to lay charges
The head of the Royal Canadian Mounted Police says that while the Mounties' investigation of the SNC-Lavalin affair was made more challenging by a lack of access to cabinet confidences, he's "very comfortable" with the decision not to pursue criminal charges.
"I wouldn't say justice didn't play out," Commissioner Mike Duheme told CBC News Monday.
"But I would say that when you don't have access to all the information, it's sometimes challenging."
The commissioner and the lead investigator on the case, Staff Sgt. Frédéric Pincince, showed up Monday afternoon to testify before a parliamentary committee on why the RCMP did not lay charges in the aftermath of the political scandal that sent Parliament Hill into a frenzy four years ago.
But the access to information, privacy and ethics committee was quickly adjourned before Duheme was able to make his opening remarks — leading the Conservative side of the room to accuse Liberal committee members of trying to censor the RCMP. The NDP and Bloc committee members voted alongside the Liberals to adjourn the meeting.
The RCMP was assessing whether Prime Minister Justin Trudeau broke the law when he tried to influence his then-justice minister Jody Wilson-Raybould to overrule a decision by the director of public prosecutions to not grant a deferred prosecution agreement to Quebec-based engineering firm SNC-Lavalin.
Wilson-Raybould was shuffled out of justice and eventually kicked out of the Liberal caucus.
A 2019 report by the ethics commissioner at the time, Mario Dion, found Trudeau violated the Conflict of Interest Act.
Duheme and Pincince were invited to appear before the committee after advocacy group Democracy Watch published a trove of documents last week it said shows the Mounties' review of the case was stymied by a lack of access to confidential cabinet materials.
The documents showed the force had requested special permission to talk to witnesses about events covered by cabinet confidence.
The Trudeau government issued a broad waiver to allow Wilson-Raybould to testify before a parliamentary committee about the SNC-Lavalin affair back in 2019.
But that order-in-council did not extend to any communications between Wilson-Raybould and the director of public prosecutions on SNC-Lavalin while she was justice minister.
According to a February 2021 RCMP report, the force sought to expand that waiver as part of its investigation but was denied.
"We always prefer to have as much information as possible for us to make fulsome assessment of the situation," said Pincince on Monday.
"So of course, without some additional information, sometimes we have to come to some conclusion based on the information that's available to us. And this is exactly what happened in this situation."
RCMP weighed Wilson-Raybould's comments
Duheme, who was head of federal policing at the time of the scandal, said investigators also weighed Wilson-Raybould's own words during an appearance before a parliamentary committee, when she characterized the situation as inappropriate rather than illegal.
He also said Dion was required to suspend his examination if he found evidence of criminal wrongdoing, and didn't.
"And he had access to more information than we had," he said.
"So when you put all those factors together, plus the analysis that Fred and his team had done, I'm very comfortable with the end result that we were at, based on the information that we had."
Committee ends early in heated fight
Democracy Watch co-founder Duff Conacher said it's troubling to see Liberal, Bloc and NDP MPs end a hearing aimed at questioning the top Mountie.
"The RCMP made several very questionable decisions during their very superficial, and much-delayed, examination of the Trudeau cabinet's SNC-Lavalin scandal, and they need to be questioned so the public can know exactly who made the decisions and how and why they made them," he said.
Before Monday's committee meeting got underway, Liberal MP Mona Fortier argued the chair invited the RCMP Wednesday but didn't alert committee members until late Friday.
"This was terribly last-minute," she said in French.
After the motion to adjourn the meeting passed, members yelled at each other from across the room.
"Disgusting," said one voice.
WATCH | MPs adjourn ethics committee before RCMP commissioner can testify on SNC-Lavalin
Outside the hearing, Conservative ethics critic Michael Barrett called it "absolutely unacceptable."
He said he has a motion on notice to study the RCMP's response to the SNC-Lavalin affair, which he hopes will be discussed Wednesday.
Bloc MP René Villemure said the proper procedure wasn't followed.
"I think Mr. Barrett's motion is a very good motion, it should be debated, I'm in favour of it but I'd like to have the sufficient time to prepare questions, which would mean a respectful use of Mr. Duheme's time," he said.