Prime Minister Justin Trudeau meets Aga Khan on Parliament Hill in Ottawa on May 17, 2016. Sean Kilpatrick / The Canadian Press
The RCMP considered accused Justin Trudeau of fraud over a family vacation on the private island of Aga Khan in the Bahamas, but decided not to do so because it was unclear whether the prime minister had the authority to approve the gift, paid for at all costs.
RCMP documents from 2019, recently published in response to a request for access to information, outline the investigation of the Trudeau family’s Christmas vacation forces in 2016 in the luxury refuge of the Ismaili Muslim leader. The documents reveal that Mounties has examined whether it can accuse Mr Trudeau of breach of trust or fraud based on findings in a report by the Federal Ethics Commissioner.
The December 2017 report, issued by former Ethics Commissioner Mary Dawson, concluded that Mr Trudeau had violated four sections of the Conflict of Interest Act by accepting the holiday because there was official work between the federal government and the Aga Khan.
Ms. Dawson said the vacation, which included the use of Aga Khan’s private helicopters and planes, could reasonably be considered given to the prime minister to influence him.
According to RCMP documents, Mounties concluded that there was insufficient evidence that Mr Trudeau had committed a breach of trust. But they discussed the validity of whether Mr Trudeau could be accused of fraud.
Although the RCMP believed that there were “reasonable grounds” to believe that fraud might have taken place, the forces decided that it would not be in the public interest to bring charges due to a lack of clarity in the federal rules applicable to the adoption of gifts.
“It is not clear whether Mr Trudeau can be prosecuted under Article 121 (1) (c) of the Penal Code, as the section has a provision that allows officials to accept benefits from persons in state transactions, provided that the official has the written consent of the head of their government branch, “said RCMP Corporal Michael Kiperchuk in a briefing to his superiors.
Section 121 (1) (c) of the Penal Code states that civil servants must have the “written consent of the head of the branch of government who employs them or of whom they are an official” in order to receive a gift from anyone who has specific relations with the government.
As Mr Trudeau was the current Prime Minister and Head of Government, Capt. Kiperchuk said that “investigation and prosecution under this section may not be in the public interest if it cannot be determined definitively whether Mr Trudeau can simply give his consent for himself.”
The RCMP investigator also said he was concerned that Ms Dawson’s findings would be inadmissible in criminal proceedings due to “judicial oversight, higher evidence thresholds and parliamentary privilege”.
The RCMP documents were obtained by requesting access to information from the Conservative Party, which provided them to The Globe and Mail.
According to the documents, Mr Trudeau’s actions as Prime Minister “may be more detrimental to the appearance of the honorable government of Canada” than any similar action taken by a lower-ranking government official.
But the RCMP concluded that in addition to the low chances of conviction, bringing charges against the incumbent prime minister would cause “far more” damage. negative effects for accusing an ordinary citizen.
The RCMP closed its investigation on 25 September 2019, stating in an internal document that there was “insufficient evidence to continue” criminal charges. Mounties began the investigation after Conservative MP Peter Kent, who is not running in the 2020 election, wrote a letter to RCMP Commissioner Brenda Lucky in May 2019 requesting a criminal investigation.
The prime minister’s office said in a statement that there were no further comments on the holiday. The RCMP issued a statement to The Globe on Friday saying the forces had conducted an “in-depth and impartial analysis” and that their findings had been independently confirmed by two separate third parties, including the Royal Canadian Review and Complaints Commission. mounted police.
Conservative MP James Bezan, who is a critic of his party’s ethics, said he believed criminal charges should have been filed against Mr Trudeau.
“Again, this would prove that there is a set of rules for Justin Trudeau and that everyone else should live by the other rules, which include the Penal Code,” Mr Bezan said in an interview.
“No one should be above the law, and it is up to the RCMP to ensure that no one is above the law, but they have decided not to prosecute.”
Ms. Dawson’s summary of her findings, known as the Trudeau Report, examines several vacations the Prime Minister and his family took on the island of Aga Khan, Bells Kay, between 2014 and 2017. The vacations of March and December 2016 were the main concern of the Report.
Aga Khan has a long-standing relationship with the Canadian government as the founder and director of the Aga Khan Canada Foundation. The government has contributed nearly $ 330 million to the foundation since 1981.
Mr Trudeau said he had a personal friendship with Aga Khan, who was also friends with his father, former Prime Minister Pierre Trudeau.
Following the 2017 ethics report, opposition parties argued that Mr Trudeau should reimburse the treasury for transport costs and travel security. Mr Trudeau acknowledged that he had to consult with the ethics commissioner before accepting the holidays, and said he would certainly clear up any future travel.
In 2020, Conservative MP Michael Barrett filed a complaint with the RCMP’s Civil Review and Complaints Commission. He asked why the forces had not launched a further investigation into the case. The CRCC ruled that the RCMP had acted correctly.
Conservative spokesman Sam Galea said Mr Barrett has since requested a full review and is awaiting a decision from the supervisory body.
With a report by Christy Kirkup
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