Like most of the
people talking about the SNC-Lavalin issue, I am not a lawyer, nor do I know
much about public policy, but what I’ve read about Deferred Prosecution
Agreements leads me to believe that it's something that could be worth trying.
It has produced good results in other countries, apparently, as a tool that can
impose reforms, rehabilitate, receive financial restitution and monitor
compliance. Surely this new legislation
should be tested or at least explored with some discussion and consultation.
My brother, who has a
long and distinguished history in public policy analysis, made these comments,
in the context of a much longer discussion of the issue.
Given
this new legal machinery, opening up new law in an arena of deep ambiguity and
complex tradition, with vast scope for interpretation and discretion, extensive
external advice on possible application to this first case would seem
essential. A more aggressive option
would be consciously to try out the untested new mechanism, to see whether in
this test case an appropriate DPA might be negotiated that the AG and a judge
could approve, as is required before it could be recognized.
Is this case not precisely the sort that lends itself to a negotiated fine with a remediation approach and ongoing incentive to improved conduct rather than an imposed fine with a punitive sentence? Should this not be a case for deference to a Prime Minister with a majority mandate when it comes to interpreting what constitutes the public interest?
Is this case not precisely the sort that lends itself to a negotiated fine with a remediation approach and ongoing incentive to improved conduct rather than an imposed fine with a punitive sentence? Should this not be a case for deference to a Prime Minister with a majority mandate when it comes to interpreting what constitutes the public interest?
It seems to me that the remediation could be
seen as a settler’s version of restorative justice and a better prospect than
settling immediately for the punitive court system. At least it deserves to be
explored and tested.
It disturbs me that all
the media reports focus on casting people in roles as heroes or villains,
rather than people doing their jobs, sometimes achieving good results and
sometimes mishandling things. Who is telling the truth, people ask: is it “my
truth” or “the truth” or something else?
I find myself
thinking about one of our early and great Canadian novelists, Ethel Wilson,
writing – twice – in her wonderful novel, Swamp
Angel, “It takes God himself to be fair to two people at the same time.”
(Wilson wasn’t given to repeating herself, so I think she really wanted the
point to get across.)
It’s not easy to be
fair if we just cast people as right or wrong, honest or lying, heroes or
villains. It’s much more helpful to focus on the actual decisions and actions,
and they seem to merit some scrutiny. Can the DPA be a useful tool? Is this a
case which lends itself to this approach?
And perhaps we should
do that within the context of the overall achievements and conduct of our
current government. There may be instances of mishandling, poor judgment,
bungling, etc. but these are not scandals and they are not criminal.
And so much good has
been achieved.
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