Liberals say they are just trying to protect jobs at SNC-Lavalin. That’s probably illegal

We aren't dealing with parliamentary privilege in this particular case. The Sovereign's prerogatives include: the right to advise, encourage and warn Ministers. Just like their appointment and dismissal. Just like in Guergis v. Novak, the court can decide it is non-justiciable on prerogative grounds. Beyond the jurisdiction of the courts. Not subject to judicial review. Courts have found important spheres of executive discretion to be non-justiciable, and, on this ground, have declined to impose legal constraints on the exercise of such discretion. Justiciability can be understood as an on/off switch: either a matter is justiciable or it is non-justiciable. Is obstruction of justice, Attorney General independence, a legal constraint on the exercise of that discretion? It might be. We don't have precedent. The potential constitutional and rights arguments might also be a way to open it to justiciability. It's complicated because a lot of this is unclear.

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