Canada’s Parliamentary Ethics Commissioner (EC), Mario Dion, released his bombshell report on August 14 [EC Report]. He found that Prime Minister Justin Trudeau had violated section 9 of the Conflict of Interest Act by attempting to pressure former Attorney General Jody Wilson-Raybould (JWR) to terminate the criminal prosecution of SNC-Lavalin for his own political benefit. Errol Mendes, a well-regarded constitutional law professor, has criticized the EC’s report, arguing that Dion misinterpreted his own act and exceeded his jurisdiction [ Mendes Opinion ]. However, in my view, Dion got it right, and Mendes got it wrong. Here’s why.
If it was ethical for a PM to try to end a criminal prosecution for political benefit to himself and his party it would also be ethical to try to start a prosecution for political benefit. Neither type of political interference is consistent with the rule of law in a democracy.