A democratic advocacy group is calling for a public inquiry into the RCMP after newly released documents reveal an insufficient investigation by the police force into the federal government’s actions surrounding the SNC-Lavalin scandal.
Democracy Watch founder Duff Conacher said the RCMP’s investigation into the government was “superficial,” with investigators interviewing only three individuals. Conacher criticized the RCMP for not making a more determined effort to obtain internal and confidential cabinet communications vital for a comprehensive investigation.
The RCMP’s investigation report was obtained under Access to Information by Democracy Watch and initially shared with the Star, shortly before they shared the news. Following the breaking story, Conacher appeared on True North’s Andrew Lawton Show.
“The RCMP rolled over like a lap dog and did a very superficial investigation,” Conacher said on True North’s Andrew Lawton Show.
A central point of contention is the RCMP’s refusal to seek a court order or warrant to compel the release of critical cabinet materials that the government declined to provide.
“They could have gone to court to get a court order, a warrant for that, but decided not to, for, I think, unjustifiable reasons,” said Conacher.
The RCMP said its Sensitive and International Investigations team decided not pursue a criminal investigation.
“A number of factors were taken into consideration in reaching a final decision – this included the feasibility of a criminal investigation given a number of limitations such as judicial oversight, a higher evidentiary threshold, the current legislative framework, Parliamentary Privilege, as well as the likelihood of conviction,” the RCMP said.
The entire investigation process was shrouded in secrecy, Conacher said, with the RCMP opting not to make it publicly known that it was even conducting an investigation. The absence of an open court to make the final decision raised additional questions about transparency and accountability.
Conacher pointed out how differently the RCMP behaved when it was investigating Jason Kenney’s government in Alberta. In that case, the RCMP announced its investigation, offered regular updates, and acted quickly in response to allegations. The same is true of the RCMP’s investigation into Doug Ford’s government in Ontario regarding the Greenbelt.
In the SNC-Lavalin case, the RCMP only acknowledged undertaking an “assessment” rather than an “investigation.” It also accepted cabinet confidence claims by the government at face value.
“It just raises a lot of questions about whether the RCMP is independent enough to actually investigate political wrongdoing in Canada, especially at the federal level,” said Conacher.
The RCMP defended its work in a statement to True North, affirming its independence as a police service.
“While the former National Division of the RCMP held the dual mandates of protecting Canadian dignitaries as well as investigating politically-sensitive matters, we go to great lengths to ensure that our mandate to investigate criminal offences is managed completely independently of our mandate to provide protective services to designated officials, ensuring investigations are conducted in a professional and objective manner entirely free from of any government influence,” said the RCMP.
Conacher also took aim at the federal government for using broadly cabinet confidence to shield documents from public and police scrutiny.
“It’s the most abused loophole in the so-called freedom of information laws across the country,” he said. “They really should be called the guide to hiding information from the public that the public has the right to know acts because that’s what they are.”
Delays and inconsistencies have marked the disclosure process surrounding Democracy Watch’s request for documents.
The Democracy Watch filed its request in July 2022. Initially, the RCMP shared only 19 documents out of the requested materials. In May 2023, it responded again, saying there were only 96 pages, redacting 86 due to an ongoing investigation.
“Turns out, actually, the investigation had ended in January 2023, four and a half months before,” said Conacher.
Subsequently, Democracy Watch received a letter in July saying that the dossier contained over 4,000 pages, of which 1,815 have been disclosed. The remaining documents, supposedly for cabinet confidence review, remain withheld, and this delay now extends into October 2023.
Conacher has called for establishing a dedicated anti-corruption police force that operates independently from federal and provincial cabinets. He suggests that this new entity should have its head and staff appointed by all party leaders to maintain its impartiality. This shift would ensure that political influence does not interfere with investigations.
Quebec already has one, thanks to its construction scandal, Conacher explained.
“The other provinces need it, and so do the federal level,” he said.
Additionally, Conacher envisions a new framework for public inquiries. He urges appointing an inquiry commissioner, selected by all party leaders, to oversee investigations into matters of public interest. This approach aligns with the process used in the inquiry into foreign interference in Canadian politics.
For true independence and effective enforcement of vital democratic laws, key watchdog appointments must be made via all-party committees, unlike the current practice where the ruling party allocates these positions in most provinces and at the federal level, explained Conacher.
