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Top prosecutor defends independence and decision to prosecute SNC-Lavalin

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OTTAWA — Canada’s top public prosecutor is staunchly defending her prosecution of Quebec engineering giant SNC-Lavalin on corruption charges, saying her office must remain independent from political interference and judicial supervision.

As a political storm rages over whether the Prime Minister’s Office pressured former attorney-general Jody Wilson-Raybould to cut SNC-Lavalin some slack, a judicial battle to force the Crown’s hand is also unfolding.

SNC-Lavalin Group Inc. and two of its subsidiaries have pleaded not guilty to two criminal charges connected to bribes allegedly paid between 2001 and 2011 to the Libyan regime of Moammar Gadhafi: bribing a foreign public official and fraud.
SNC-Lavalin Group Inc. and two of its subsidiaries have pleaded not guilty to two criminal charges connected to bribes allegedly paid between 2001 and 2011 to the Libyan regime of Moammar Gadhafi: bribing a foreign public official and fraud.  (Paul Chiasson / THE CANADIAN PRESS FILE PHOTO)

The company wants the Federal Court to order Kathleen Roussel, the director of public prosecutions and deputy attorney general, to issue “an invitation to negotiate” a mediation deal — one that would spare it from a trial that could lead to a potentially business-killing corporate criminal conviction.

But Roussel is resisting the high-profile effort to change her mind about prosecuting the Quebec company.

In Federal Court documents obtained by the Star, Roussel responds to SNC-Lavalin, saying that it has no legal right or entitlement to any deal; that prosecutors are independent with broad discretion on how to proceed with charges; and that under the Constitution, prosecutors are free from political or judicial interference.

SNC-Lavalin Group Inc. and two of its subsidiaries have pleaded not guilty to two criminal charges connected to bribes allegedly paid between 2001 and 2011 to the Libyan regime of Moammar Gadhafi: bribing a foreign public official and fraud.

It says any wrongdoing was carried out by two former employees without the company’s knowledge or consent.

Read more:

Liberals to block opposition attempt to probe SNC-Lavalin affair

Jody Wilson-Raybould maintains silence on SNC-Lavalin allegations

Here’s your primer on the SNC-Lavalin drama in Canadian politics

The company enlisted legal heavyweight and former Supreme Court of Canada justice Frank Iacobucci of the Torys law firm, along with fellow Torys litigator William McNamara to overturn Roussel’s decision to prosecute the company.

In an Oct. 9 letter to Iacobucci and McNamara, Roussel rejected the company’s written pleas and request for an in-person meeting with them and SNC-Lavalin CEO Neil Bruce, saying a remediation agreement “is not appropriate in this case.”

She does not say why in the letter, a copy of which is in the court record.

SNC-Lavalin then went to Federal Court seeking judicial review of her decision.

The company says Roussel is required by law to consider the public interest in a mediated settlement that would spare it a conviction.

It argues Roussel did not provide the company any reasons for her refusal, which it called unreasonable, “incoherent,” and threatening the livelihoods of many thousands of employees, customers and pensioners who did not engage in wrongdoing.

That’s because if found guilty, the company would be barred from bidding on government contracts for a decade.

SNC-Lavalin essentially argues it is too big to fail.

It has launched an all-out effort, lobbying the Trudeau government, Opposition leader Andrew Scheer, and others to plead its case, and now wants a Federal Court judge to weigh in.

But in her reply, Roussel tackles the issue head-on.

She says the law passed last year allowing for what is called “deferred prosecution agreements” (a new regime that was stuffed into an omnibus budget bill) is explicit about what factors prosecutors must not consider in corruption cases:

The director of public prosecutions and deputy attorney general Kathleen Roussel is resisting efforts to change her mind about prosecuting the Quebec company.
The director of public prosecutions and deputy attorney general Kathleen Roussel is resisting efforts to change her mind about prosecuting the Quebec company.  (Sebastien Lavallee file photo)

“The prosecutor must not consider the national economic interest, the potential effect on relations with a state other than Canada or the identity of the organization or individual involved” where an organization is charged under the Corruption of Foreign Public Officials Act, as in SNC-Lavalin’s case.

In other words, the the director of public prosecutions is arguing that, while the law sets out other criteria Roussel could consider when weighing the public interest, she’s not allowed by law to consider whether a company is too big to fail.

The company, on the other hand, says it has complied with all the law’s prerequisites for entering into negotiations that could see it pay a heavy fine but avoid a criminal conviction:

It says it has overhauled its ethics and corporate governance regime, under the guidance of independent monitors. It has had a “complete turn-over of the SNC-Lavalin’s senior management and board of directors.”

It says it has fired “senior officers who could be considered as having been even remotely associated with the activities in question,” instituted anti-corruption training of its employees and made “permanent transformative changes” to its business practices.

It says the RCMP has levied criminal charges against only one individual regarding the same allegations, who SNC-Lavalin says left the company seven years ago. The company says it has sued that employee civilly for “a massive related embezzlement.”

Roussel rejected the company's written pleas and request for an in-person meeting with them and SNC-Lavalin CEO Neil Bruce, pictured, in an Oct. 9 letter.
Roussel rejected the company’s written pleas and request for an in-person meeting with them and SNC-Lavalin CEO Neil Bruce, pictured, in an Oct. 9 letter.  (Graham Hughes/THE CANADIAN PRESS file photo)

And it refers to the “extremely negative,” “unfair” and “dramatic consequences” on the company and its employees if it were eventually convicted and subsequently forbidden from bidding on contracts, especially in a business environment where its unnamed competitors “can and have availed themselves of deferred prosecution agreements in other jurisdictions.”

SNC-Lavalin notes the alternative to a negotiated agreement (that it says could allow the Crown to directly monitor the company for a “reasonable period”) is “a long, expensive and contentious criminal proceeding” whose outcome is uncertain for both sides.

But Roussel is unswayed.

In a written arguments on her behalf, she says a court may only intervene where there is evidence of “egregious” misconduct by Crown attorneys that amounts to an abuse of process.

Otherwise, she says, it is not up to the court to second-guess whether the decisions made everyday across the country by prosecutors are reasonable because it could lead to “paralysis” of the system.

The written brief also takes a strong stand against any political interference in prosecutorial decisions, saying it “could erode the integrity of our system of prosecution.”

Allegations of political interference made for blockbuster headlines recently when the Globe and Mail reported that former attorney-general Wilson-Raybould was shuffled out of her job after she refused pressure by unnamed senior PMO officials to direct Roussel to cut a deal with SNC-Lavalin.

A political storm is raging over whether former attorney-general Jody Wilson-Raybould was pressured to cut SNC-Lavalin some slack.
A political storm is raging over whether former attorney-general Jody Wilson-Raybould was pressured to cut SNC-Lavalin some slack.  (Justin Tang/THE CANADIAN PRESS file photo)

Prime Minister Justin Trudeau denies anyone in his office “directed” Wilson-Raybould “to take any decision whatsoever.” Over the weekend, senior government officials have reportedly defended “robust” discussion on the matter, and denied any pressure was exerted on the former justice minister.

But Roussel makes clear her office must be immune from political pressure.

Her brief says the 2006 law that created her office explicitly states that the director of public prosecutions “is an independent organization, separate from the department of justice, and its objectives are to be carried out in a non-partisan manner.”

The director’s written brief filed by lawyers David Migicovsky and Andrew Lenz says although the attorney-general (formerly Wilson-Raybould, now David Lametti) has power to direct the director of public prosecutions, “in the exercise of these powers he (the attorney general) is not subject to direction by his ministerial colleagues or to control and supervision by the courts.”

Migicovsky said in an interview Sunday that SNC-Lavalin’s challenge of Roussel’s decision was heard by Federal Court judge Catherine Kane on Feb. 1 in Montreal. Kane has not yet rendered her decision.

The Star has not received answers to requests for comment sent to Roussel’s office, or from lawyers for SNC-Lavalin.

Tonda MacCharles is an Ottawa-based reporter covering federal politics. Follow her on Twitter: @tondamacc

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Nostalgia and much more with Starburst XXXtreme

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Get a taste of adventure with Starburst XXXtreme based on the legendary NetEnt Game. The nostalgic themes are sure to capture fans of the classic version as they get treated to higher intensity, better visuals, and features. The most significant element of the game is its volatility. Patience will not be an essential virtue considering the insane gameplay, and there is a lot of win potential involved. It retains the original makeup of the previous game while adding a healthy dose of adrenaline. 

Starburst Visuals and Symbols

The game is definitely more conspicuous than before. The setting happens over a 5-reel, 3-row game grid with nine fixed win lines, which function if a succession from the left to the right reel is present. Only those players that that attain the highest win per bet line are paid. From a visual standpoint, the Starburst XXXtreme slots illustrates lightning effects behind the reels, which is not surprising as it is inherited from the original version. Available themes include Classic, Jewels, and Space. The game is also available in both desktop and mobile versions, which is advantageous for players considering the global pandemic. According to Techguide, American gamers are increasingly having more engaging gaming experiences to socialize to fill the gap of in-person interaction. Starburst XXXtreme allows them to fill the social void at a time when there is so much time to be had indoors. 

Starburst XXXTreme Features

Players get to alternate on three features which are Starburst Wilds, XXXtreme Spins, and Random Wilds. The first appears on reels 2,3, or 4. When these land, they expand to cover all positions while also calculating the wins. They are also locked for a respin. If a new one hits, it also becomes locked while awarding another respin. Starburst XXXtreme offers a choice between two scenarios for a higher stake. In one scenario with a ten times stake, the Starburst Wild is set on random on reels 2,3, or 4, and a multiplier starts the respin. The second scenario, which has a 95 times stake, starts with two guaranteed starburst wilds on reels 2,3, or 4. it also plays out using respin game sequence and features. The game also increases the potential with the Random Wilds feature to add Starburst Wilds to a vacant reel at the end of a spin. Every Starburst Wild gives a random multiplier with potential wins of x2, x3, x5, x10, x25, x50, x100, or even x150.

The new feature is sure to be a big hit with the gaming market as online gambling has shown significant growth during the lockdown. AdAge indicates the current casino customer base is an estimated one in five Americans, so Starburst XXXtreme’s additional features will achieve considerable popularity. 

What We Think About The Game

The gambling market has continued to diversify post-pandemic, so it is one of the most opportune times to release an online casino-based game. Thankfully Starburst XXXtreme features eye-catching visuals, including the jewels and space themes. These attract audience participation and make the gameplay inviting. The game also has a nostalgic edge. The previous NetEnt iteration featured similar visuals and gameplay, so the audience has some familiarity with it. The producers have revamped this version by tweaking the features to improve the volatility and engagement. 

That is characterized by the potential win cap of 200,000 times the bet. Starburst XXXtreme does not just give betting alternatives for players that want to go big. The increase of multipliers also provides a great experience. If the respins in the previous version were great, knowing that multipliers can go hundreds of times overtakes the game to a new level. 

Players should get excited about this offering. All of the features can be triggered within a single spin. Whether one plays the standard game or takes the XXXtreme spin route, it is possible to activate all of the features. Of course, the potential 200,000 times potential is a huge carrot. However, the bet size is probably going to be restricted and vary depending on the casino. It is also worth pointing out that a malfunction during the gameplay will void all of the payouts and progress. Overall, the game itself has been designed to provide a capped win of 200,000 times the original bet. 

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Anglais

‘We’re back’: Montreal festival promoters happy to return but looking to next year

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In downtown Montreal, it’s festival season.

In the city’s entertainment district, a musical act was conducting a sound check on stage Friday evening — the second day of the French-language version of the renowned Just For Laughs comedy festival. Tickets for many of the festival’s free outdoor shows — limited by COVID-19 regulations — were sold out.

Two blocks away, more than 100 people were watching an acoustic performance by the Isaac Neto Trio — part of the last weekend of the Festival International Nuits d’Afrique, a celebration of music from the African continent and the African diaspora.

With COVID-19 restrictions continuing to limit capacity, festival organizers say they’re glad to be back but looking forward to next year when they hope border restrictions and capacity limits won’t affect their plans.

Charles Décarie, Just For Laughs’ CEO and president, said this is a “transition year.”

“Even though we have major constraints from the public health group in Montreal, we’ve managed to design a festival that can navigate through those constraints,” Décarie said.

The French-language Juste pour rire festival began on July 15 and is followed by the English-language festival until July 31.

When planning began in February and March, Décarie said, organizers came up with a variety of scenarios for different crowd sizes, ranging from no spectators to 50 per cent of usual capacity.

“You’ve got to build scenarios,” he said. “You do have to plan a little bit more than usual because you have to have alternatives.”

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Anglais

MELS new major movie studio to be built in Montreal

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MONTREAL — MELS Studios will build a new film studio in Montreal, filling some of the gap in supply to meet the demand of Hollywood productions.

MELS president Martin Carrier said on Friday that MELS 4 studio construction will begin « as soon as possible », either in the fall or winter of next year. The studio could host productions as early as spring 2023.

The total investment for the project is $76 million, with the Quebec government contributing a $25 million loan. The project will create 110 jobs, according to the company.

The TVA Group subsidiary’s project will enable it to stand out « even more » internationally, according to Quebecor president and CEO Pierre Karl Péladeau. In the past, MELS Studios has hosted several major productions, including chapters of the X-Men franchise. The next Transformers movie is shooting this summer in Montreal.

Péladeau insisted that local cultural productions would also benefit from the new facility, adding that the studio ensures foreign revenues and to showcase talent and maintain an industry of Quebec producers.

STUDIO SHORTAGE

The film industry is cramped in Montreal.

According to a report published last May by the Bureau du cinéma et de la télévision du Québec (BCTQ), there is a shortage of nearly 400,000 square feet of studio space.

With the addition of MELS 4, which will be 160,000 square feet, the company is filling part of the gap.

Carrier admitted that he has had to turn down contracts because of the lack of space, representing missed opportunities of « tens of millions of dollars, not only for MELS, but also for the Quebec economy. »

« Montreal’s expertise is in high demand, » said Montreal Mayor Valérie Plante, who was present at the announcement.

She said she received great testimonials from « Netflix, Disney, HBO and company » during an economic mission to Los Angeles in 2019.

« What stands out is that they love Montreal because of its expertise, knowledge and beauty. We need more space, like MELS 4, » she said.

There is still not enough capacity in Quebec, acknowledged Minister of Finance, the Economy and Innovation Eric Girard.

« It is certain that the government is concerned about fairness and balance, so if other requests come in, we will study them with the same seriousness as we have studied this one, » he said.

Grandé Studios is the second-largest player in the industry. Last May, the company said it had expansion plans that should begin in 2022. Investissement Québec and Bell are minority shareholders in the company.

For its part, MELS will have 400,000 square feet of production space once MELS 4 is completed. The company employs 450 people in Quebec and offers a range of services including studio and equipment rentals, image and sound postproduction, visual effects and a virtual production platform.

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