For As I have mentioned, I have no role in specific criminal prosecutions and I am not privy to any of the evidence. As the Department’s senior public When the subject in question is the responsibility Similarly, in response to concerns about the growing threat of organized valid, that they are clear in both official languages, and that they The opinion also provides advice to the AG on the role of the DPP and that the AG is entitled to receive information from the DPP in order to understand a decision. staff are lawyers; the other half includes experts in fields such as immigration and extradition, and fisheries. to make laws is divided between the federal government and the provincial I appropriately brought this professional experience and expertise to bear on the advice my department provided to the AG in this matter. My role in supporting the Minister and Attorney General demands that I uphold the values and ethics expected of me - both as a public servant and as a lawyer. These options include the issuance of directives that direct reconsideration or appoint a specific prosecutor to reassess. I have not consulted with Ms. Wilson-Raybould, Minister Lametti or their staff or anyone outside of the Department on facts that are my own. the general public as well as various groups and organizations Projects that receive funding may address such goals as promoting access to justice, equality and human rights; improving access to the justice system and making the system more fair and efficient; and addressing Indigenous needs. As you are aware, SNC-Lavalin had sought a judicial review of the DPP’s decision and this was a “live” issue for the new Minister to be made aware of. The opinion is entitled “The power of the Attorney General to issue directives and to assume conduct of proceedings.” The opinion begins with a discussion of the Attorney General’s independence and her ultimate responsibility for criminal prosecutions. I asked the Clerk what areas or files I should be preparing to brief our new Minister on. Regulations Civil law relies on a code that has a set The federal and provincial governments share responsibility for family law. in drafting bills for Parliament, whether they originate with the Department However, I do provide advice to the Attorney General of Canada in her or his decision making as to whether or not to issue directives to the Director of Public Prosecutions or to assume the conduct of a federal criminal prosecution. the administration of justice, including policy in such areas as closely with provincial and territorial officials and non-governmental They defend the government when it is taken to court, and provide legal Common law, on the We frequently consult The Department of Justice plays an active role in developing federal The next day, September 12th, the Department of Finance indicated to me that SNC-Lavalin was still in discussions with the DPP. During that time, I gained expertise in this area and I have faced similar situations where decisions of a DPCP were publicly challenged and where an AG was called upon to act. countries look to it as a model in shaping their own legal systems Various options are set out in the situation where the AG either disagrees with the Director’s position or wishes to further assess the decision. It describes the role of the DPP in much the same way I have explained to this Committee. Department of Justice to provide assistance to foreign states in criminal matters through Charter of Rights and Freedoms. The Department examines all Many of our lawyers work in legal services units rights issues. taxation and immigration law, including refugee claims and other human design appropriate measures to update and improve the Act, and will is a just and law-abiding society with an accessible, efficient and In her testimony, the former Minister mentioned that I had conveyed information from the Department of Finance. These forums have proven valuable The Department also ensures that all draft regulations are legally Search for related information by keyword: Giving legal advice and coordinating the legal advice given by the Department of Justice, Supporting the development of legislation and policy that fall within the Justice portfolio. law, efforts to combat terrorism and transnational crime, and legal Fax: (613) 954-0811, Canadian and support staff. Our policy work As the government’s legal adviser, the Department of Justice statutes. also continue to be involved in developing new international anti-terrorism Once Cabinet has decided what new laws should be introduced during To the best of my knowledge and to be clear, after September 19th, I did not have any further involvement on this file with the Minister or her staff, with two exceptions. Opening Remarks - House of Commons Committee on Justice and Human Rights, Nathalie G. Drouin, Deputy Minister of Justice and Deputy Attorney General of Canada. access to the justice system for official language minorities. for conducting all litigation for the federal government. The mission of the Department of Justice is to: 1. support the Minister of Justice in working to ensure that Canada is a just and law-abiding society with an accessible, efficient and fair system of justice; 2. provide high-quality legal services and counsel to the government and to client departments and agencies; and 3. promote respect for rights and freedoms, the law and the Constitution. As I have explained to the Committee, in fulfilling my role as Deputy AG, I am very careful to separate my role and responsibilities from that of my counterpart, the Director of Public Prosecutions. relevant. The team, in turn, draws on the extensive The Privy Council office asked my department for an opinion on the potential impacts on SNC-Lavalin if the prosecution were to result in a criminal conviction. governments. The second exception occurred near the end of October. The Department’s work in public safety and security provides crimes, such as DNA identification and testing; to keep pace with technology experts regularly review existing laws and identify emerging issues value fairness and access to the justice system for all – these On September 16th, I had a call with PCO where we would have discussed the advice on the AG role and options. On September 11th, the Attorney General’s acting Chief of Staff, Francois Giroux, informed me by email that the AG was not intending to intervene in the case and that she would be pleased to discuss it. trends in law and policy. There is also a short discussion of the deference by courts to prosecutorial discretion, which can be reviewed only for abuse of process. It is not my role to discuss specific prosecutions with her, and I have not discussed the substance of the SNC-Lavalin prosecution with her. Justice is consulted in the early stages of the work and It was during the course of these conversations with Emma Carver and Francois Giroux that they read to me the extracts of the section 13 letter from the Director of Public Prosecutions to the Attorney General on the SNC-Lavalin prosecution. Nathalie G. Drouin was appointed Deputy Minister of Justice and Deputy Attorney General of Canada on June 23, 2017. To clarify, on September 7th, I spoke with the Deputy Minister of Finance, Paul Rochon. an influence on society. and the territories. Through a variety of means, the Department of Justice strives to make people more aware of their ongoing family obligations following separation or divorce, and encourages them to comply with those obligations. Code. laws, including drug offences, are conducted by the Public Prosecution in some 40 other federal departments and agencies. Tel. by other departments, and provide advice and other services as needed. that its work covers both. On Friday, January 11th, the Clerk of the Privy Council called to inform me of the upcoming shuffle. Ministers who share the Deputy’s functions and handle issues In matters of property and private law, federal legislation generally To brief the new Minister, I developed with the assistance of my immediate team a briefing handbook, which I am tabling here today. On September 12th or 19th, a discussion occurred with the Clerk on the margins of a weekly meeting all DMs attend, called DM Breakfast. Mrs. Drouin previously served as Senior Associate Deputy Minister of the Department of Justice of Canada since September 12, 2016. On September 8th, I provided a draft opinion to the former AG’s office. To ensure a broad cross-section of views, For the next two days, my officials and I developed the written advice. The Crown Law Department, Canada East became the new Department of the Militia, following its former Attorney Gene… Finally, before completing my chronology, I would like to return briefly to the time I first became aware of the January 14th shuffle. The former Attorney General was in Fiji and there was a 17 hour time difference. civil law and the common law, and the Department’s mandate means law reform and policy. My opening remarks will address my role and responsibilities as Deputy Minister of Justice and Deputy Attorney General of Canada, my professional relationship with the Honourable Jody Wilson-Raybould and my chronology of events.
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