The Attorney General, the RCMP, and the Canadian Parliamentary System: A Blueprint for Abuse
By Tom Marazzo, Captain (Ret'd) Canadian Army
Canada’s parliamentary system, admired for its stability and governance, harbors an uncomfortable vulnerability: it is ripe for abuse by unscrupulous politicians. The very design of the system allows for critical roles—most notably the Attorney General of Canada (AG) and the Prime Minister (PM)—to be manipulated for political gain. As recent events under Justin Trudeau’s government demonstrate, this structural flaw undermines public trust and erodes accountability.
The Case of Jody Wilson-Raybould
One of the most glaring examples of the imbalance between political power and justice in Canada’s system was the 2019 SNC-Lavalin scandal. Then-Attorney General Jody Wilson-Raybould was pressured by Prime Minister Justin Trudeau and his inner circle to interfere in a criminal prosecution involving SNC-Lavalin, a powerful engineering firm facing corruption charges.
Wilson-Raybould refused to yield to political pressure, as her role demanded independence from the Prime Minister’s Office (PMO). Her reward for upholding the law? She was fired from her role as Attorney General and expelled from the Liberal caucus. Trudeau and his team framed it as a “loss of confidence” in her, but the message to Canadians was far clearer: political loyalty trumped the rule of law.
The SNC-Lavalin affair exposed a dangerous truth. Canada’s AG is not independent. Despite the AG’s duty to act in the public interest and as the country’s chief legal advisor, they are also a political appointee, selected by the PM and seated in Cabinet. This dual role creates a built-in conflict of interest. When push comes to shove, as in the SNC-Lavalin case, the Prime Minister holds the power to remove an AG who won’t play ball.
The Role of the RCMP: Power Without Action
The Royal Canadian Mounted Police (RCMP) is tasked with investigating crimes, including those at the highest levels of government. However, its perceived independence often masks a sobering reality: the RCMP has, on numerous occasions, failed to act decisively when allegations of political corruption arise.
Consider the recent reports involving Liberal Members of Parliament (MPs). It is now public knowledge that 11 MPs were named as being under the influence of a foreign government, specifically China. This information came from national intelligence sources and should have sparked immediate investigations and potential charges. Instead, the silence has been deafening.
The RCMP has yet to lay charges or hold individuals accountable despite mounting evidence. It raises the question: why?
While the RCMP operates independently in theory, its leadership is politically appointed. This adds another layer of vulnerability. When the government holds the reins to the police force’s leadership, it becomes much harder to ensure that investigations into government misconduct are handled without bias or hesitation.
The Double Standard: Public and Opponents Held to a Different Standard
While politicians shield themselves from accountability, the public and political opponents often face the full weight of the justice system. Canadians have seen everyday citizens prosecuted for far less significant infractions, while those in power escape unscathed.
A glaring example is the treatment of Canadians who participated in the Freedom Convoy protests in 2022. The invocation of the Emergencies Act by the Prime Minister—an unprecedented move—was later deemed illegal by the courts, as it violated Canadians' Charter rights. Yet, it was the people who were held accountable. Protesters were arrested, bank accounts were frozen, and livelihoods were destroyed, all while the government faced no consequences for infringing on its citizens’ freedoms.
Opposition politicians and critics are often subjected to thorough investigations, public scrutiny, and political attacks, yet when those in power are implicated in potential corruption or scandals, they call for “trust in the process” or argue that holding investigations would harm the public’s confidence in justice.
This hypocrisy not only erodes faith in Canada’s institutions but sends a clear message: there is one system of justice for the powerful and another for everyone else.
Millions Lost: Scandals and Lack of Accountability
Over the past several years, the Trudeau government has faced numerous financial scandals where taxpayer money vanished with little explanation. From the WE Charity scandal, where hundreds of millions of taxpayer dollars were funneled through a questionable charity closely linked to the Prime Minister’s family, to the ArriveCAN debacle, where millions were spent on an app that seemingly could have been developed for a fraction of the cost, Canadians have watched their hard-earned money disappear into thin air.
In any other situation, the RCMP and the Attorney General would be leading the charge to investigate and prosecute those responsible. However, when these alleged crimes implicate the Prime Minister, his Cabinet, or loyal MPs, the system grinds to a halt.
The Attorney General’s position as a Cabinet member under the Prime Minister means they are placed in an impossible position. How can the AG be expected to launch a prosecution against the very person who appointed them? How can Canadians trust the system to hold the PM accountable when the gatekeeper of justice answers to him?
A Flawed System: Where Power Protects Power
The Canadian parliamentary system concentrates immense power in the hands of the Prime Minister. The PM controls Cabinet appointments, including the Attorney General, and has significant influence over the public service and law enforcement leadership. This power dynamic, while not unique to Canada, is amplified in a system that lacks robust checks and balances.
Unlike the United States, where the Department of Justice operates independently under the Attorney General, Canada’s Attorney General is expected to straddle two roles: political minister and chief legal officer. This duality opens the door for political interference.
Trudeau’s firing of Jody Wilson-Raybould illustrated how easily the PM can remove an AG who prioritizes justice over politics. Today, the lack of action by the RCMP and AG in cases involving Liberal MPs and foreign interference shows how a compliant AG can shield a sitting government from scrutiny.
The Chief Justice and the Governor General Conflict
Canada’s vulnerabilities are further underscored by the troubling overlap of roles among its highest offices. A recent example is the current Chief Justice of the Supreme Court of Canada, Richard Wagner, who, from January 23 to July 26, 2021, also served as the acting Governor General following Julie Payette’s resignation. This dual role represents a profound conflict of interest. The Chief Justice, tasked with presiding over the country’s highest legal decisions, was simultaneously fulfilling a ceremonial role tied to the executive.
While this was framed as a temporary measure, it highlights a systemic vulnerability: where power is concentrated, conflicts of interest will inevitably arise. Canadians must question how justice can remain impartial when the boundaries between branches of government blur.
Foreign Interference and National Security
The issue of foreign interference in Canada’s democracy is particularly alarming. Reports of Chinese influence operations targeting MPs, compromising elections, and infiltrating Canadian institutions are well-documented. Yet, the government’s response has been tepid at best.
Instead of transparency and accountability, Canadians have been met with delays, stonewalling, and half-hearted measures. The lack of prosecutions, despite the availability of intelligence and evidence, suggests either incompetence or deliberate suppression of the truth. Both possibilities are unacceptable.
If Canada’s democracy is to remain intact, its leaders must be held accountable for allowing foreign governments to undermine national sovereignty. However, as long as the Attorney General remains under the thumb of the Prime Minister and the RCMP fails to act independently, meaningful accountability will remain out of reach.
Restoring Trust: What Needs to Change?
To fix these flaws and restore public trust, systemic reforms are needed:
True Independence for the Attorney General: The AG must be removed from Cabinet and appointed through an independent process. This would eliminate the conflict of interest and allow the AG to act without political interference.
Greater Oversight of the RCMP: While the RCMP must remain independent from political control, mechanisms should be in place to ensure they act on credible evidence of political corruption. An independent body could provide oversight and ensure accountability.
Transparency in Investigations: Canadians deserve to know when their leaders are under investigation for wrongdoing. National security concerns should not be used as a blanket excuse to withhold information.
Checks on Prime Ministerial Power: Canada’s parliamentary system concentrates too much power in the hands of the PM. Strengthening parliamentary committees and independent watchdogs could provide much-needed checks and balances.
Conclusion
Canada’s democracy depends on trust in its institutions. When the Attorney General and the RCMP fail to hold the government accountable, that trust is shattered. The Trudeau government’s track record—from firing Jody Wilson-Raybould to ignoring clear evidence of foreign interference and corruption—highlights the dangers of a system that allows power to protect itself.
Canadians must demand reform. Without it, the cycle of scandal, silence, and impunity will continue, and the very foundation of Canadian democracy will remain vulnerable to abuse.