Mr. Speaker, it was actually the estimates we were voting on, which is different from the budget. However, the member is just the finance committee chair and does not need to know the difference between the two, I guess.
We just got a budget from the other side of the House of Commons that contained in it over 150 million dollars' worth of math mistakes. The finance minister sent his officials out to say they were all typos. We very quickly pulled out calculators and figured out that they were not typos; they were in fact math errors. Once again, he is just the finance minister; he does not need to be good at math, I guess. The finance committee chair does not need to know the difference between budget and estimates, and the finance minister does not need to know how to do arithmetic in the current government.
The member has now distracted me from my train of thought, which was related to the evening of votes that the government forced upon the House of Commons. We were voting on billions of dollars of spending approvals. The Conservatives said that if we agreed to do a justice committee investigation to get to the bottom of the SNC-Lavalin corruption scandal, we could bundle all the votes and go home. The government said it was not going to allow an investigation. Therefore, the Conservative opposition was required, as part of its duty, to keep the government here, voting on one spending item after another.
In order to get through that 30 hours, the government set up taxpayer-funded cots just behind the curtain over there. For the viewers out there, there were these cots where members could go and have a snooze between votes. Of course, there were blankets. What are blankets for? They are to help one cover up. Then, because they were so ornery and angry, they came in here occasionally and blamed us because they could not get a night's sleep.
My advice to them is this. The secret to a good night's sleep is a clear conscience. If they want a good night's sleep, they should have a clear conscience. If they want a clear conscience, they should tell the truth, let it all out and unburden themselves of all these falsehoods, because falsehoods are heavy things to carry around. That is why the Prime Minister has looked so heavy lately. He is carrying a lot of falsehoods around. They are like lead weights everywhere he goes, and they are weighing on him. If he would just stop the cover-up and end those falsehoods, he could move forward.
It is possible that the truth he is covering up is so appalling that he could not be re-elected. However, I would submit to him that any electoral strategy that hinges on keeping ugly truths hidden is destined to fail. He is not going to be able to keep this all under wraps until after the election. He has people in his own midst who are accusing him of a cover-up. His former Treasury Board president, the person to whom he wisely entrusted the management of our entire public service and the approval of tens of billions of dollars of expenditure, has said that there is a lot more to this story that has not been told, and that he is trying to shut down the debate on it.
That is what the Liberals say about the Prime Minister. Therefore, he cannot simply dismiss these allegations as something coming from a politically motivated opposition. The two women who have resigned from his cabinet have gained absolutely nothing by doing so. Not that this would matter to them, but I think it is worth stating the obvious. They have taken major pay cuts. They have had their position reduced from minister to non-minister, which is a very big distinction in a parliamentary system where ministers are responsible for the executive governance of the country. None of that was to their benefit.
We have heard a lot of people trying to attack the character of these two women, saying that they were being opportunistic by exposing this scandal, but I fail to see what they have gained. What advantage has it conferred to them politically by telling these truths? There is none. They have made immense personal sacrifices for blowing the whistle. One, they are no longer ministers even though they are far more qualified than those who remain on the front bench; two, they have come under attack, vicious, personal, sexist and racist attacks, by senior Liberals; and three, they have faced threats.
As recently as yesterday, the employment minister called the former attorney general unethical and now the Liberal Party is threatening to throw them out of caucus altogether. To suggest that these two former ministers were doing this to somehow advance their own political interests runs exactly counter to what happened. It is very clear.
Though I obviously do not share the politics of either of them, I do clearly respect the conviction and principles that they have shown and their willingness to sacrifice their own careers in order to stand up for the truth. Both of these women have more integrity in their pinky fingers than the Prime Minister does from head to toe.
If he disagrees with me on that, then he should do what they have been willing to do. The former attorney general went before the justice committee to testify, took a barrage of questions from the Liberal delegation and submitted 40 pages of written text messages and an audio recording, all of which confirm that she told the truth.
What is interesting about all of these people who are trying to discredit the former attorney general is that they cannot point to a single falsehood she has told. Even though she has tabled something like 40 pages of text messages and an audio recording and even though the government has an army of spin doctors, dirt diggers and researchers to find any little hair that is out of place, the Prime Minister's team has not been able to find a single contradiction or falsehood in anything the former attorney general has said so far.
In fact, she is the one person at the heart of this whole controversy whose story has not once changed in any way, shape or form. She has consistently told the same story over and over again. When challenged, she provided text messages to support her claims and when challenged again, she provided audio recordings. All of that evidence precisely supports the claims that she made all along.
I am not a trial lawyer, but I know that one thing judges and juries look for when they are determining who to believe is whose story is changing. If one witness's story seems to change more often than he changes his colourful socks and the other witness has a single story that is set in stone and does not change, the wise judge or jury will believe the latter over the former. That is why we, as Conservatives, having examined the evidence, have concluded that the former attorney general has told the truth and that the Prime Minister has not.
That being said, we are so confident in our view of that, we welcome the Prime Minister proving us wrong. He should come to committee, testify under oath, put his hand on the Good Book, tell his story and answer questions, but so far, he has been unwilling to do that. It is like he is terrified that we might get too close to the truth, that we might find out the real reason he went to such lengths to protect this accused corporate criminal.
We might find out that he stated a patent falsehood to Canadians when he claimed that the former attorney general never raised any concerns about his interference in the matter. We might find other falsehoods or expose bigger contradictions. His answer again and again is to shut it all down. He shut down the justice committee and the ethics committee. Tomorrow morning he will have a chance to change course.
The justice committee will meet again now that we have new written evidence and recorded conversations that blow apart earlier claims by the Prime Minister and his team of witnesses. Conservatives will move to reopen the investigation and include all of the witnesses, all of the players who are at the heart of this scandal and who are alleged to have interfered with the work of the former attorney general by pushing her to sign a special deal for SNC-Lavalin to avoid criminal trial.
I want to examine the merits of the former attorney general's original decision not to interfere. The Prime Minister chose to amend the Criminal Code through an omnibus bill in the budget, through which he created something called deferred prosecution agreements. The agreements, for those who are not familiar, provide that corporations facing criminal charges can avoid trial by fessing up, apologizing, paying a fine and promising not to do it again. Factors that a director of public prosecutions must consider to determine the eligibility of a company for a deferred prosecution include severity of the offence and whether or not the company self-reported its crimes. Let us review both of those issues.
Let us start with whether the company self-reported. It turns out the company did not. Instead, the company was caught when one of its senior employees was charged and ultimately convicted in Switzerland. I am going to read some excerpts from the Financial Post:
According to police, Ben Aissa [a former senior employee at SNC-Lavalin] established a scheme in which two companies, Duvel Securities and Dinova International, billed SNC roughly $127 million for helping the firm win dozens of major contracts in Libya during the 2000s. In fact, Swiss and Canadian police say, Duvel and Dinova were shell companies controlled by Ben Aissa. The money—including US$1.5 million spent on a yacht for Saadi Gaddafi—was used to bribe Libyan officials and pad the bank accounts of Ben Aissa and Mr. Bebawi, who left SNC in 2006.
I now quote Global News:
In Switzerland, an ex-senior employee from SNC-Lavalin pleaded guilty to fraud, corruption and money laundering in relation to his business in Libya in 2014—before the RCMP charges. Riadh Ben Aissa acknowledged in court that he bribed Saadi Gadhafi, son of Libya’s late dictator Moammar Gadhafi, so SNC could win contracts.
It was out of these charges in Switzerland that the RCMP was able to ascertain the conduct of SNC-Lavalin and, therefore, was able to bring forward allegations of fraud and bribery. In other words, it was not that the company realized somebody did something wrong and then called the police and said it had made a mistake and wanted to self-report, and to please hold them accountable. The RCMP had to find out through Swiss proceedings that this corruption had occurred in order to launch its own investigation and lay its own charges.
The first criteria for getting a DPA, a deferred prosecution agreement, is not met.
The next is the severity. Was the offence severe and broad or was it a minor offence that could, therefore, better be treated through an administrative penalty rather than through a criminal court trial? Let us examine the charges that the company faces and determine if we think they are severe enough to warrant prosecution.
Let me read again from Global News:
In 2015, the RCMP charged SNC-Lavalin, along with its international division, with corruption and fraud in relation with their business dealings in Libya.
The RCMP said officials at the company attempted to bribe several public officials in the country, including dictator Moammar Gadhafi, as well as other businesses in Libya.
RCMP officials said SNC-Lavalin also lied to Libyan companies to defraud them of nearly $130 million.
Now the Financial Post:
SNC and its subsidiaries SNC-Lavalin Construction Inc. and SNC-Lavalin International Inc. are also alleged to have defrauded various Libyan public agencies of approximately $129.8 million.
Let me stop on that point.
This has been said again and again. We hear it muttered under the breath of some Liberals that what SNC did over in Libya is just the way that business is done over there. Frankly, I find that kind of utterance despicable. It is despicable to think it is okay for wealthy western companies to go into poor, developing nations where people live in squalor and rob them of $130 million just because that is the way things are done over there or that is how we have to behave, so goes the story, to be competitive in different parts of the world.
These places are so poor precisely because businesses have thought it appropriate to conduct themselves in that way. The parasitical corruption that has afflicted many countries in the world is the reason so many people still live in grinding poverty. Going to these poor countries, it astonishing to see how hard people work. On their streets people are always working. One can ask, “How is it possible that these people work so hard and yet they are so poor?” The answer is, in part, corruption because the labour of the people who are toiling away before our eyes is squandered by a corrupt and entitled elite who just suck the country of all of its wealth. That parasitical conduct is not limited to people from those countries. In fact, often it is foreign interests that come in and take advantage of the opportunity to defraud.
We have signed on to international conventions against fraud and bribery precisely because foreign companies have gotten into the practice of going in, defrauding companies and then getting the heck out because they know they could never be prosecuted back home. They go home. They leave with all the cash that they stashed in their pockets, having plundered the people, with no intention of ever going back. They know that they will never be prosecuted in the country where they carried out their misdeeds. That is why we have signed on to international conventions so that we can join with other countries in prosecuting corrupt corporate enterprises that rob people.
We, as a nation, understand that it is not only a miserable way to make money but it is an illegal way to make money, by robbing the poor. It is our duty, our moral duty, to prosecute this kind of corruption when it happens, even though it happens beyond our borders and even though we might not be the direct victims of the corruption.
Therefore, no, it is not a small offence. It was not just that the SNC lobbyists and insiders bribed the Gadhafis with prostitutes and yachts, as unseemly as that sounds. It is also that they are alleged to have robbed the people of that country of $130 million. That is a lot of money, especially for a country that is suffering in poverty. A lot of good could have been done for the Libyan people if they had been able to keep their own money, had they not been defrauded by these alleged crimes. Therefore, no, it was not a frivolous offence for which the appropriate sentence is an administrative penalty. It is a serious crime to defraud people, and it should be treated as such by our legal system.
Knowing all of this, it is astonishing that the Prime Minister would consider it such a top priority to help this Liberal-linked company avoid prosecution.
We have addressed the two first criteria upon which a deferred prosecution is supposed to be judged by the prosecutor, and ultimately, by the attorney general. On those two criteria, it is clear as day that the company did not qualify.
Finally, there is a third criterion I forgot to mention, which is whether this was an isolated incident. We all understand that in our judicial system, we have a principle of proportionality. If someone makes a single mistake, the judge will take that into consideration when issuing a verdict. The prosecutor, the Crown, might even take it into account when deciding whether to pursue a trial or accept a moderate plea bargain. In this case, was it was an isolated incident? Were there just a few bad apples in Libya who made some mistakes who were not part of a broader corporate corruption culture in the company? The answer, of course, is no.
I will read some of the history this company has been involved in. I will read from Global News again:
three top executives were also charged with bribery in relation to the McGill University Health Centre. Former CEO Pierre Duhaime, along with McGill officials, pleaded guilty in the case.
This was the CEO and not some bad apple who, off in a faraway land, did some things unknown to anyone else. He was the CEO, and it was in relation to a contract with the McGill University Health Centre.
Then we have the Jacques Cartier Bridge. As reported by Global News:
Quebec prosecutors are working with the RCMP on the possibility of new criminal charges against SNC-Lavalin tied to a contract to refurbish Montreal’s Jacques Cartier Bridge, court documents show.
Again, from Global News:
In court documents, the RCMP lays out a bribery scheme involving a $127-million Jacques Cartier Bridge contract in the early 2000s. Former federal official Michel Fournier pleaded guilty in 2017 to accepting more than $2.3 million in payments from SNC-Lavalin in connection with the project.
This is an astonishing crime. It is a massive project of $127 million, and a federal official was paid $2.3 million in a bribe to get that contract. This is right here on our own home turf, which reminds us that the cost of corporate corruption for this company is not limited to some faraway land. It is right here in our own country.
I will go on reading from Global News, which said:
In 2011, an SNC employee whose job was to facilitate travel of SNC employees in and out of Libya was arrested in Mexico and accused of attempting to smuggle Gadhafi’s son and family out of the country. The employee was eventually released from jail and not charged in Canada.
What is a Canadian construction company doing helping to smuggle the Gadhafis in Mexico? We go from Montreal to Libya to Mexico. Everywhere, this company seems to be involved in the most appalling and in some cases downright bizarre forms of corruption.
The company was also banned from bidding on projects by the World Bank for 10 years over alleged misconduct during a bridge construction contract in Panama. Now we have Panama. It is Libya, Montreal, Mexico and Panama. SNC is in legal trouble in all these places because of the conduct in which it engages.
Then we find in an article, again by Global News:
During an investigation from CBC and the Globe and Mail, it was alleged there was an internal accounting code for bribes.
This is just an example of how entrenched the corruption had become. They actually had a system of codes they could use to properly account for all the bribery they were doling out.
On the third criterion to determine whether the company was entitled to a deferred prosecution agreement, which is whether the offence was an isolated incident, clearly it was in Montreal, in Libya, in Mexico and in Panama. It was right at the top, with the CEO of the entire company.
It seems everywhere one turns, someone from SNC-Lavalin is being accused or charged or convicted or pleading guilty to high-level, serious corruption involving hundreds and hundreds of millions of dollars. No, this was not simply an isolated incident.
We have a couple of sponsorship-scandal-era Liberals heckling away on the other side about ethics. I am glad that we have some of those sponsorship Liberals across the way, because it really is full circle for this particular scandal.
How did we find out about this scandal? We learned about it because of a law Stephen Harper put in place in response to the sponsorship scandal, the Federal Accountability Act. The Liberal Party, according to Justice Gomery, had engaged in an elaborate kickback scheme funnelling $40 million of cash, much of it still missing and never recovered, and some of it going right into the coffers of the Liberal Party itself. Paul Martin admitted that the Liberal Party stole at least $1 million. He gave the money back after he was caught.
We were struck by the fact that all kinds of people were charged for this fraud, but not the Liberal Party. It occurred to us that the possible reason for that was that the attorney general at the time was a Liberal, and the attorney general's office was responsible for prosecuting federal offences.
We wanted to make sure that never again could people get off a criminal prosecution because a friend or the party was in control of the office of the Attorney General. We created the director of public prosecutions, a separate and independent office, whereby a top, respected prosecutor would have his or her own office and could operate with total independence from the political arm of the government. So independent did we create this office that for the Attorney General to give any direction to the director of public prosecutions, it would have to be in writing, and that written instruction would have to be reported publicly in something called the Canada Gazette. That is a publication the government puts out to inform the public of decisions that have been made. In other words, there is no pulling someone into the office and twisting his or her arm. It has to be in writing, and it has to be made public. This, of course, is very inconvenient for those trying to interfere in a prosecution. It makes it a little difficult to keep it all under wraps.
Here is where it gets really interesting. Gerald Butts, according to text messages and sworn testimony by the former attorney general, told two different people that he did not want to respect that law, because it was a Harper law. He thought, “Harper put it in; therefore, we do not have to respect it.” He told that to staff members in the attorney general's office, and he told it to the former attorney general herself.
In the 40-page package she tabled with the justice committee on Friday, we have documented evidence that Gerald Butts did exactly that. If he is listening, I hope he is bowing his head in shame for saying that they do not have to follow the law, just because that law was put in place by a different political party under a different government.
That law was designed to protect the independence of our judicial and prosecutorial system. It is not to be trod upon just because of a partisan desire to get things done by going around the rules. That is how we got here in the first place. We had a prime minister in Stephen Harper who was determined to root out corruption and to protect the independence of prosecutions. He passed a law, the Federal Accountability Act, to make sure that he put an end to corruption in the prosecution of crime, and it worked really well.
I see that my Liberal friends across the way have gone silent since we have reminded them of that. I think that is probably a wise decision for them indeed.