Former Liberal MP Raj Grewal seeks dismissal of charges due to lack of evidence
A former Liberal MP is seeking the dismissal of two criminal charges connected to his time in office.
Raj Grewal's lawyer argues that prosecutors have not presented enough evidence to find him guilty of the two breach of trust charges, and the Crown has failed to establish essential elements required for such a finding.
The Crown has sought to prove that Grewal used his political office for personal gain, offering access to events with the prime minister and help with immigration files in exchange for large loans that went toward his gambling debt.
But speaking before a judge Monday, defence lawyer Nader Hasan argued that the prosecution "wants you to ignore a whole range of facts and evidence that have emerged during the course of these proceedings."
Grewal appeared in court via videoconference as Hasan put forward his motion for a directed verdict and an acquittal on all charges.
In written arguments filed in Ontario Superior Court, the defence says Grewal's conduct falls squarely within the non-criminal category, and the prosecution's case doesn't hold water.
Hasan says in the document there is a difference between misusing one's official status for a corrupt purpose and making a mistake -- or even acting dishonourably -- while serving in office.
"The latter is not a breach of trust," the document says. "It may be an error in judgment deserving of administrative sanction, or it may simply be a personal failing that has no sufficient nexus to merit sanction at all. Either way, it is not criminal."
Grewal, who was first elected to represent the Ontario riding of Brampton East in 2015 and is himself a lawyer, did not disclose a series of large loans to the federal ethics commissioner.
An analysis of Grewal's bank accounts offered during the prosecution's evidence found that he had taken in some $6 million worth of deposits larger than $10,000 in the time after he was elected as an MP, and that significant amounts of that money went to payments at the Casino Lac-Leamy.
The most politically salient allegations against Grewal are that he offered lenders face time with Prime Minister Justin Trudeau in exchange for their financial help.
Two Brampton-area businessmen who each provided a $200,000 loan to Grewal also attended events during Trudeau's storied trip to India in 2018.
A former Liberal staffer testified that both Yusuf Yenilmez and Andy Dhugga were on a shortlist of people whom Grewal invited to a private meet-and-greet with Trudeau.
But neither stated that they expected such access in exchange for the loans -- and Hasan argues that the evidence at trial "flatly contradicts" the notion.
Both businessmen described themselves as friends with Grewal and testified that they were unaware their names had been put forward for an exclusive event. Moreover, neither described the opportunity for a photo-op with Trudeau as "particularly valuable,"the defence submission recounts.
Crown prosecutor Tim Wightman suggested in court on Monday that that doesn't negate the idea that Grewal offered them invitations because they gave him money.
"He can't erase the fact that he is indebted to them at the time," he said.
The prosecution has also alleged that seven other lenders received immigration-related assistance from Grewal's office, most commonly in the form of letters supporting applications for temporary resident visas.
Hasan noted that MPs' offices regularly provide such letters to constituents, and they are not a necessary part of the application packages.
The idea that loans were provided in exchange for the letters as a quid pro quo is "completely implausible," he said Monday.
He went on to suggest that if such letters -- and even invitations to meet-and-greets -- are standard activities for an MP's office, it would have been more problematic if Grewal had refused to offer such things.
"These people weren't singled out for special treatment. They got the treatment everyone was getting," he said in court on Monday, adding that if Wightman had nailed down that any of the lenders gave a loan in exchange for immigration services, "we would be hearing endlessly about it."
To meet the standard for a breach of trust charge, the Crown must have presented evidence that Grewal was acting in connection with the duties of his office, that his conduct represented a serious and marked departure from the standards expected of someone in his position or that he acted with the intention to use his public office for a purpose other than the public good.
The Crown has not succeeded in that, the defence insists.
But Wightman argued in court that the breach of trust offence is designed to capture a wide variety of inappropriate activities, which cover, in this case, an MP soliciting money from an individual knowing that his office will be providing them some kind of support.
"It is a broadly worded offence, and the Supreme Court has articulated why it is so. And that is because it is designed to cover conduct that, as the court says, defies precise definition," he said.
Wightman boiled down the Crown's case to this: "A public official should not benefit from the provision of services that are made as part of his duties. Nor should a public official use his office or his duties to provide benefits to someone he's indebted to."
Grewal resigned as a member of the Liberal caucus in 2018 after his gambling problem came to public attention, and he did not run in the 2019 federal election.
In 2020, the RCMP charged him with four counts of breach of trust and one count of fraud over $5,000, but only two breach of trust charges remain.
His trial began last summer, and only the prosecution has wrapped up its case after nine weeks' worth of evidence.
If the defence does not succeed in obtaining a directed verdict from the judge, a decision that will not be rendered until late February or early March at the earliest, the trial could continue into the spring.
This report by The Canadian Press was first published Feb. 6, 2023.
IN DEPTH
Former prime minister Brian Mulroney dies at 84
Former Canadian prime minister and Conservative stalwart Brian Mulroney has died at age 84. Over his impressive career, the passionate and ambitious politician, businessman, husband, father, and grandfather left an unmistakable mark on the country.
Who is supporting, opposing new online harms bill?
Now that Prime Minister Justin Trudeau's sweeping online harms legislation is before Parliament, allowing key stakeholders, major platforms, and Canadians with direct personal experience with abuse to dig in and see what's being proposed, reaction is streaming in. CTVNews.ca has rounded up reaction, and here's how Bill C-63 is going over.
As Poilievre sides with Smith on trans restrictions, former Conservative candidate says he's 'playing with fire'
Siding with Alberta Premier Danielle Smith on her proposed restrictions on transgender youth, Conservative Leader Pierre Poilievre confirmed Wednesday that he is against trans and non-binary minors using puberty blockers.
The first public hearings on foreign interference in Canada have begun. What you need to know
The public hearings portion of the federal inquiry into foreign interference in Canadian elections and democratic institutions got underway this week. Heading into this process, here's what you need to know.
TREND LINE What Nanos' tracking tells us about Canadians' mood, party preference heading into 2024
Heading into a new year, Canadians aren't feeling overly optimistic about the direction the country is heading, with the number of voters indicating negative views about the federal government's performance at the highest in a decade, national tracking from Nanos Research shows.
Opinion
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
opinion Don Martin: Pierre Poilievre's road to apparent victory will soon start to get rougher
Pierre Poilievre and his Conservatives appear to be on cruise control to a rendezvous with the leader's prime ministerial ambition, but in his latest column for CTVNews.ca, Don Martin questions whether the Conservative leader may be peaking too soon.
opinion Don Martin: The Trudeau lessons from Brian Mulroney's legacy start with walking away
Justin Trudeau should pay very close attention to the legacy treatment afforded former prime minister Brian Mulroney, who died on Thursday at age 84, writes columnist Don Martin.
opinion Don Martin: ArriveCan debacle may be even worse than we know from auditor's report
It's been 22 years since a former auditor general blasted the Chretien government after it 'broke just about every rule in the book' in handing out private sector contracts in the sponsorship scandal. In his column for CTVNews.ca, Don Martin says the book has been broken anew with everything that went on behind the scenes of the 'dreaded' ArriveCan app.
opinion Don Martin: Despite his horrible year, Trudeau's determined to roll the dice again
In his column for CTVNews.ca, political commentator Don Martin says you can't help but admire Justin Trudeau's defiance and audacity of hope despite his 'horrible' 2023, as it appears Trudeau is insisting on leading the Liberals into the next federal election.
CTVNews.ca Top Stories
'The lost season': Winter comes to a close as Canada's warmest on record
The warmest winter on record could have far-reaching effects on everything from wildfire season to erosion, climatologists say, while offering a preview of what the season could resemble in the not-so-distant future unless steps are taken to cut greenhouse gas emissions.
Demand soars for solar eclipse glasses in Canada. Are they worth buying?
The demand for total solar eclipse glasses used to safely view the rare celestial event has been ramping up as sellers, along with astronomy and eye-care experts in Canada, warn that viewing the eclipse with the naked eye is dangerous.
Hertz CEO out following electric car 'horror show'
The company, which announced in January it was selling 20,000 of the electric vehicles in its fleet, or about a third of the EVs it owned, is now replacing the CEO who helped build up that fleet, giving it the company’s fifth boss in just four years.
NEW High thoughts: The habits of Canadian cannabis users are revealed in a new StatCan report
Statistics Canada has conducted a series of surveys to measure the impacts of legalized cannabis since the Cannabis Act took effect in 2018. The latest one, the 2023 National Cannabis Survey, sheds light on users' preferences and habits last year.
Freddie Mercury's home is on the market for first time since 1980 minus his 'exquisite clutter'
Freddie Mercury's sanctuary in London, where he lived the last decade of his life, is on sale for the first time in nearly half a century -- minus his "exquisite clutter."
NEW Where to watch the state funeral for former prime minister Brian Mulroney
A state funeral for former prime minister Brian Mulroney will be held in Montreal on March 23. CTV News will have live special coverage of his funeral service.
NDP motion regarding Palestinian statehood passes after major Liberal alterations
A motion from the federal New Democrats initially calling on Canada to recognize the 'State of Palestine' passed amid widespread acrimony on Monday, after the Liberals drastically altered its wording to see the government simply work towards that aim as part of a two-state solution.
Retired teacher pleads guilty to paying for sex with 15-year-old in Collingwood, Ont.
In a Barrie courtroom on Monday, a retired high school teacher from the Niagara Region pleaded guilty to sexual touching and obtaining sexual services from a 15-year-old boy in Collingwood in 2021.
Toronto family doctor who called patient's body 'perfect' suspended for 3 months: tribunal
A family doctor in Toronto has been suspended for three months after a disciplinary tribunal found that he failed to follow proper protocols while examining a patient's breasts and made inappropriate comments about her body.