In politics, ignoring the real issue is often an approach used to gain an advantage.   Sometimes an opportunity to present a situation in a bad light, for political advantage, requires overlooking the real issue.

The recent SNC Lavalin scandal in Canada is a good example of this.  In this case, it is suggested the government is using overt pressure to override a prosecutor’s decision.

The press and opposition parties are focusing on the potential lack of integrity represented by the Prime Minister interfering in a judicial matter.

The Core Issue

The integrity discussion is masking the real issue.  Did the prosecutor make a valid decision and should the head of the legal system (the Attorney General) review and possible reverse the decision?

SNC has raised an appeal to the courts saying they should be allowed to have a DPA.  This is the correct approach.  The prosecuter will argue why the legistlation does not support a DPA in this case, SNC will make a counter argument and the judges will decide.

Arrogance

The legistlation in Canada mirrors that of the United States and is designed to insent companies to  communicate criminal activities to authrorities when detected.

SNC did not say anything when they first became aware of the fraudulent activity and it was the Swiss police and RCMP actions that brought it to public light.

So there is a strong argument for no deferred prosecution agreement based on the direction of the legistlation.  Without undue political interference, hopefully this will unfold as it should.