SNC-LAVALIN WON'T TAKE NO FOR AN ANSWER

   In March, SNC-Lavalin lost its legal challenge to have a federal court overturn the DPP’s decision, refusing it a DPA. Judge Catherine Kane provided no opinion on whether a DPA was appropriate in the specific circumstances of SNC-Lavalin — instead noting that the decision of whether to cut the company a DPA deal was entirely within the scope of prosecutorial discretion.
   In other words, it’s not for judges to tell crown attorneys which cases to prosecute and which cases to resolve. Such decisions are equally not to be dictated by staffers in the PMO, the Clerk of the Privy Council, the PM’s principal secretary, the PM’s chief of staff, or indeed, the PM himself.
   Now SNC-Lavalin has kicked its lawsuit against the DPP up to the Federal Court of Appeal claiming new and troubling facts revealed at the parliamentary justice committee warrant a reconsideration.