SNC-Lavalin is alleging bad faith before the Federal Court of Appeal, when it did not do so before a lower court. The federal prosecution service says it should not be permitted to make a completely new argument in its appeal
The federal prosecution service is fighting back against a bid by SNC-Lavalin to quash the criminal case against it.
But SNC-Lavalin is alleging bad faith before the Federal Court of Appeal, when it did not do so before a lower court, where it lost its bid for a judicial review of the prosecutor’s decision in its case. The federal prosecution service says it should not be permitted to make a completely new argument in its appeal.
Judicial review is a process in which individuals or companies challenge government conduct. But it has long been established that prosecutorial decisions such as whether to continue with or drop a case cannot be challenged, unless the prosecutor has abused their powers. On March 8, Federal Court Justice Catherine Kane ruled against the company’s request for a judicial review.
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