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EU climate change lobbyist’s $928,000 gift to the Trudeau Foundation was a bribery of a public official offence and a violation of the Canada Elections Act – prohibited gifts

Monetary gifts totalling $928,000 from Germany EU’s European Climate Foundation founder and government lobbyist McCall MacBain to 2015 Federal Election candidate Justin Trudeau was a criminal offence of bribery of a public official and a political career ending violation of the Canada Elections Act. 

The monetary gifts, $428,000 in 2015 (while Justin Trudeau was campaigning as a federal election candidate) & $500,000 in 2016 by McCall MacBain (EU’s European Climate Foundation head and lobbyist) is defined by the criminal code of Canada as: foreign influenced activity (defined by Canadian Security Intelligence Service Act as threats to the security of Canada), frauds on the government 121 / influence peddling, breach of trust by public officer 122, fraud, theft 322 (1) & bribery of judicial officers 119 (1) in that the foreign European Climate Foundation founder and lobbyist McCall MacBain paid a member of Parliament almost $1 million to influence (solicit) Justin Trudeau to pledge, in his official capacity as Prime Minister of Canada, $2.65 billion to MacBain and Germany EU’s climate change cause / agenda.

Germany EU’s climate change lobbyist McCall MacBain paid Justin Trudeau a $928,000 bribe to obtain $2.65 billion. At the time MacBain was active head of the European Climate Foundation and the Trudeau Foundation and Justin Trudeau was campaigning in the 2005 federal election. Immediately after becoming Prime Minister Justin Trudeau pledged $2.65 billion in federal funding to the European Climate Foundation. Pledge made 1 month after Federal election.

Evidence supporting the charge that McCall MacBain did in fact donate gifts totalling $928,000 to influence / lobby Justin Trudeau in his official capacity as Prime Mister of Canada was first made known in National Post article “Money began to rain on Trudeau Foundation once Justin took over Liberals, analysis shows”

In the National Post article it was confirmed that, “one in six donors (to Trudeau family foundation) have affiliations with organizations currently lobbying the government”.

The largest donors in 2015, when Justin Trudeau was a 2015 election candidate, and in 2016, soon after Justin Trudeau became Prime Minster and pledged $2.65 billion to climate change fund (European Climate Foundation a benefactor), where made by the European Climate Foundation (founded by McCall MacBain in 2008 whose aims are to promote / lobby for EU’s climate and energy policies).

Foreign donations jumped from $53,000 in the 2014 fiscal year to $535,000 in 2016 — a ten-fold increase, all due to just one donor, EU’s climate change lobbyist McCall MacBain and his Switzerland based European Climate Foundation. The EU’s climate change lobbyist McCall MacBain has been responsible for the majority of the increase in foreign donations and Justin Trudeau’s largest foreign donor.  The Switzerland based foundation donated prohibited gift of $428,000 in 2015 and another prohibited gift of $500,000 in 2016.

Trudeau Foundation Annual Reports

A red flag was raised by the National Post reporting foreign “gifts to the foundation have increased significantly since Justin Trudeau’s April 2013 election as leader of the Liberal Party of Canada”.

A National Post analysis of the Trudeau Foundation’s public disclosures has found that gifts to the foundation have increased significantly since Justin Trudeau’s April 2013 election as leader of the Liberal Party of Canada. The amount of money contributed to the foundation by foreign donors has grown each year since Trudeau claimed the party’s leadership. Moreover, a significant proportion of the charity’s donors, directors and members have ties to companies and organizations that are actively lobbying the federal government.

Because Justin Trudeau couldn’t legally receive the $928,000 bribe money McCall MacBain made another $1 million bribe payment – reported on September 9, 2006 as “the largest gift in the Foundation’s history“. Why is the $1 million gift suspected of being bribe money? The Trudeau Foundation never recorded / reported the receiving of the $1 million in the Foundation’s annual report.

Trudeau Foundation’s annual reports provides material evidence that the Trudeau Foundation concealed the very large $1 million donation from McCall MacBain.

The Conflict of Interest Act ‎‎prohibits public office ‎holders, and members of their families, from ‎accepting “any gift or other ‎‎advantage… that ‎might reasonably be seen to have been given to ‎influence the public office holder ‎in ‎the exercise ‎of an official power, duty or function.”‎ 

The Conflict of Interest Act defines a gift or other advantage as (i) an amount of money if there ‎is no ‎obligation to repay it, and (ii) a service or property, or the use of property or money provided ‎without ‎charge or at less than its commercial value.

The Canada Elections Act creates a prohibition against offering or accepting bribes, gifts or other advantages that might reasonably be seen to have been given to influence the election-related choices made by individuals, whether those are the candidates or the electors themselves, during an election period.

The Canada Elections Act does not define a bribe. However, a gift or advantage is defined as (i) an amount of money if there is no obligation to repay it; 

The Criminal Code prohibits anyone from directly or indirectly giving or offering a loan, reward, advantage or benefit of any kind to a federal or provincial government official in Canada as consideration for cooperation, assistance, exercise of influence, or an act or omission in connection with any government business.

The Anti-Corruption Act deals broadly with corruption, breach of trust, malfeasance, collusion, fraud and influence peddling, in the public sector as well as misuse of ‎public funds or public property or gross mismanagement of contracts within the public sector.‎ The Anti-Corruption act uses the language of a wrongdoing and includes any contravention of a federal law that pertains to corruption as a wrongdoing. Therefore, the definitions established by the Criminal Code and the CFPOA, in relation to the corruption offences, would constitute a wrongdoing under the Anti-Corruption Act.

The principal offences committed by McCall MacBain for indirectly giving very large monetary gifts to Justin Trudeau and Justin Trudeau indirectly accepting the large monetary gifts include:

Under the Criminal Code:

bribery of officers (Section 120);

frauds on the government (section 121);

breach of trust by a public officer (section 122);

influencing or negotiating appointments or dealing in offices (section 125);

fraud (section 380);

It is an offence for anyone to defraud the public or any person, of any property, money, valuable security, or service, by deceit, falsehood, or other fraudulent means. The Supreme Court of Canada has determined that “other fraudulent means” is extremely broad, and covers almost any form of dishonesty. Therefore, the general Criminal Code provisions on fraud could apply in the context of bribery.

Secret Commissions (section 426);

The Criminal Code prohibits corruptly giving, or offering to give, an agent a reward or benefit for doing or omitting to do anything relating to the affairs or business of the agent’s principal, or for showing favor or disfavoring any person with relation to the affairs or business of the agent’s principal. A bribe for the purpose of this section is defined as a reward, advantage, or benefit of any kind. Accordingly, individuals and companies may be held criminally liable for receiving or causing to be transferred certain benefits, even when a government official is not involved. Agent is a very broad term that includes employees.

Under the Canada Elections Act – 1st bribery payment of $428,000 made during the 2005 federal election campaign.

EU’s climate change lobbyist’s $428,000 gift to Justin Trudeau (a candidate) family foundation during the 2015 election campaign is defined as a corrupt practice –

(2) Every person is guilty of an offence that is a corrupt practice who
(h.01) being a candidate, knowingly contravenes subsection 477.9(1) (accepting prohibited gift or other advantage);

Canada Elections Act
SUBDIVISION C
Gifts and Other Advantages

Definition of candidate

477.89 For the purposes of sections 477.9 to 477.95, a candidate is deemed to have become a candidate on the earlier of

  • (a) the day on which they are selected at a nomination contest, and
  • (b) the day on which the writ is issued for the election.
  • 2014, c. 12, s. 86

FR s. 477.89 – (1)

Prohibition

  • 477.9 (1) No candidate shall accept any gift or other advantage that might reasonably be seen to have been given to influence them in the performance of their duties and functions as a member of the House of Commons if the candidate were to be elected, during the period that
    • (a) begins on the day on which they are deemed to have become a candidate; and
    • (b) ends on
      • (i) the day on which they withdraw, if they withdraw in accordance with subsection 74(1),
      • (ii) the day on which they become a member of the House of Commons, if they are elected, or

Definitions

(6) The following definitions apply in this section.

gift or other advantage means

  • (a) an amount of money if there is no obligation to repay it; and

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