Ontario Crown counsel stopped prosecution of Trudeau for SNC-Lavalin scandal using incorrect legal standard – DWatch asks for reversal of decision

Prosecution of PM for alleged obstruction of justice and breach of trust is unprecedented, but Crown claims it knows it will fail, but explanation is false

Behind-closed-door decision to stop prosecution continues cover-up the Trudeau Cabinet started, and the RCMP continued with its weak investigation, decision not to prosecute, and burying of investigation records and key evidence

Independent federal anti-corruption police and prosecution force needed now, like Quebec has had for almost 15 years

FOR IMMEDIATE RELEASE:
Wednesday, October 15, 2025

OTTAWA – Today, Democracy Watch released the second letter it has sent to Ontario’s Attorney General Doug Downey Randy Schwartz, Assistant Deputy Attorney General, Criminal Law Division, calling on them to have an independently appointed special prosecutor review the evidence and DWatch’s application in the Ontario Court of Justice in Ottawa for approval from the court to proceed with a private prosecution of former Prime Minister Justin Trudeau for pressuring, and directing others to pressure, then-Attorney General Jody Wilson-Raybould to stop the prosecution of SNC-Lavalin in 2018 (now operating under the name “AtkinsRéalis”).

Democracy Watch first requested the appointment of an independent special prosecutor in a letter sent to Mr. Downey last March.  In his May 22nd response letter, Mr. Schwartz refused to do that.  Democracy Watch’s letter today again calls on Mr. Downey, working with opposition party leaders, to establish a committee made up of people who have no ties to any political party.  The committee will choose a lawyer who has no ties to any party to be an Independent Special Prosecutor who will review the evidence and issue a public decision concerning prosecuting Trudeau.  That process is needed to ensure an impartial, legally correct and transparent review and decision.

In British Columbia, a Special Prosecutor is usually appointed for such cases (not as independent as they need to be, but more independent than a Crown counsel), and they usually provide detailed reasons if they decide not to prosecute.  Since 2011, Quebec has had an independent anti-corruption police force and prosecutors.

Democracy Watch’s letter criticizes the letter it received in September from John Corelli, Director of the Complex Prosecutions Bureau at Ontario’s Ministry of the Attorney General, exercising the Crown counsel’s power to stop DWatch’s application.

DWatch responded with a letter to Mr. Corelli requesting that he reverse his decision and proceed with the next steps in the prosecution process because his decision is based on legal reasons that are clearly incorrect, and he failed to explain his decision.

DWatch’s applications included a detailed legal opinion by a retired superior court justice (who did the opinion on the condition of remaining anonymous) setting out the clear evidence and legal arguments for prosecuting the PM for the allegation of obstruction of justice, and possibly also for breach of trust.

Mr. Corelli requested in June that the Regional Sr. Justice have a judge oversee the next step in the private prosecution application process, called a “pre-enquête” hearing, at which DWatch would present the evidence it pried out of the RCMP, and key witnesses would be questioned such as Wilson-Raybould, her former Chief of Staff Jessica Prince, and her friend and confidante former Liberal Cabinet minister Jane Philpott, and a judge would decide if there was enough evidence to proceed with a prosecution.  Democracy Watch supported that request.  The Regional Sr. Justice had not yet made that decision whether a judge or a Justice of the Peace would preside at the pre-enquête hearing when Mr. Corelli stopped the proceeding.

Mr. Corelli’s letter staying (i.e. stopping) the prosecution does not set out any valid reasons explaining why the available evidence of Mr. Trudeau’s actions does not cross the lines established by the obstruction of justice (ss. 139(2)) and breach of trust (s. 122) provisions in Canada’s Criminal Code.

In the letter, Mr. Corelli only claims that “there is no reasonable prospect the Crown could prove that Mr. Trudeau acted with the requisite criminal intent for either alleged offence.”  As Democracy Watch set out in its “will say” document that was included in its court application, this is the same incorrect legal standard that the RCMP used to decide not to prosecute Trudeau for obstruction (the RCMP did not even consider whether Trudeau had committed a breach of trust).

In fact, the Supreme Court of Canada made it clear in its ruling in R. v. Beaudry, 2007 SCC 5 (CanLII) that, in order to prove obstruction of justice, the Crown is only required to prove that an alleged offender acted “willfully” to frustrate the course of justice.  Proof of “criminal” (i.e. deceitful or corrupt) intent is not required.

In addition, the case against Trudeau is unprecedented – so there is no way that the Crown could know there is no chance of proving that Trudeau committed a crime.  DWatch’s application includes extensive evidence of obstruction of justice that the RCMP tried to bury but finally disclosed after a two-year delay, along with a summary of how the RCMP failed to investigate and uphold the law properly.  The answers by Wilson-Raybould, Prince and Philpott to key questions were withheld by the RCMP in the documents it finally disclosed.  The pre-enquête hearing would have revealed them.

Jen Danch of Swadron Associates law firm, represented Democracy Watch for the application, and Wayne Crookes, founder of Integrity B.C., supports the application.

“Crown prosecutors stopping this prosecution for a legally incorrect reason, just like the RCMP did in addition to suppressing key evidence, amount to a smelly cover-up that shows clearly that Canada does not have independent, effective anti-corruption law enforcement and, as a result, corruption in the highest public offices across the country is effectively legal,” said Duff Conacher, PhD (Law) and Co-founder of Democracy Watch.  “This means Canada does not have a rule of law, a rule that violations of the law will be prosecuted no matter who the violator is, which is considered worldwide to be a fundamental requirement for a country to actually be a democracy.”

“Canadians can only hope Ontario’s Attorney General Doug Downey will do the right thing final and work with opposition party leaders to establish a fully independent committee that will choose a fully independent special prosecutor to review the evidence,” said Conacher.

 “The RCMP lacks independence from the Prime Minister and Cabinet ministers who handpick the RCMP Commissioner and deputy commissioners and division heads through a secretive process, and they all serve at the pleasure of the Cabinet so they are vulnerable to political interference, which is likely part of the reason the RCMP rolled over and let Trudeau off, and the pressuring of the former Attorney General to stop a prosecution shows that prosecutors are also vulnerable to political interference,” said Conacher.  “To ensure integrity and impartiality in anti-corruption and foreign interference cases, key changes that many experts have called for are needed to make the RCMP more independent, effective and publicly accountable, or even better Parliament should establish a new fully independent anti-corruption police force including fully independent prosecutors like Quebec has had since 2011.”

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Government Ethics Campaign and Stop Unfair Law Enforcement Campaign