Jody Wilson-Raybould declines request to appear before justice committee until privilege is waived

Former Attorney General Jody Wilson-Raybould has declined to appear before the Justice committee Tuesday morning, citing constraints of Cabinet confidence, “sub judice” convention regarding public discussion of matters before the court, and solicitor-client privilege.

“The government can waive solicitor-client privilege and Cabinet confidence. I cannot,” wrote Wilson-Raybould in a letter to committee chair Anthony Housefather.

Her letter was sent to Justice committee members at 2:15pm Monday, just before question period when Prime Minister Justin Trudeau told the House he would partially waive solicitor-client privilege for Wilson-Raybould. Earlier this evening, an Order-in-Council issued by the Governor General “on the recommendation from the Prime Minister authorizes the Honourable Jody Wilson-Raybould, the former Attorney General, and any persons who directly participated in discussions with her relating to the exercise of her authority under the Director of Public Prosecutions Act respecting the prosecution of SNC-Lavalin.

The Justice committee had extended its invitation to Wilson-Raybould last Tuesday, a day before the majority-Liberal government voted down a motion in the Commons calling for a public inquiry into allegations the Prime Minister’s Office pressured her to intervene in the criminal prosecution of SNC-Lavalin. The motion also called on Prime Minister Justin Trudeau to waive solicitor-client privilege.

The Québec construction firm and two of its subsidiaries are accused of paying $48 million in bribes to Libyan officials to win contracts there between 2001 and 2011. After a Globe and Mail story alleged Wilson-Raybould to defer SNC-Lavalin’s charges to remediation – a new criminal code provision shoehorned into 2018 omnibus budget bill – she was replaced by Québec MP David Lametti. Without a deferred prosecution agreement for SNC-Lavalin, if convicted the company faces a 10-year bidding ban on federal contracts.

Conservative Justice committee member Michael Cooper told The Post Millennial that the real issue is not the criminal trial against SNC-Lavalin, nor “its 11th hour Hail Mary in federal court challenging the Public Prosecution Service decision to deny a deferal agreement” but the solicitor-client privilege that Trudeau has invoked.

“None of the litigation is at the a heart of this matter, what we’re looking into is who said what when, in terms of pressure that was exerted on the attorney general to intervene,” said Cooper.

“It’s entirely the role of the prime minister to waive solicitor client privilege and if has nothing to hid what he ought to do is allow Jody Wilson-Raybould to come to committee to speak her truth.”

The former attorney general’s letter to the Justice committee mirrors what she said on the floor of the Commons Wednesday, after the government quashed the opposition motion to hold a public inquiry and lift the cone of Cabinet confidence silence around her.

“Privilege and confidentiality are not mine to waive and I hope I have the opportunity to speak my truth,” she told parliamentarians after rising on a point-of-order.

In her letter, Wilson-Raybould said she “would prefer not to schedule my appearance”; “until we have whatever clarity we can have about these issues”, in particular the sub judice convention.

The Post Millennial has obtained Wilson-Raybould's statement on the justice committee appearance.