“Examining the Evidence: Dismissal of Criminal Charges Sought by Former Liberal MP Raj Grewal”

OTTAWA — A former Liberal lawmaker is seeking the dismissal of two criminal charges related to his tenure.

Raj Grewal’s lawyer argues that prosecutors have not presented sufficient evidence to find him guilty of the two breach of trust charges and the Crown has failed to identify essential elements needed to make such a finding.

The Crown has sought to prove Grewal used his political office for personal gain by offering access to events with the Prime Minister and help with immigration files in exchange for large loans used to pay off his gambling debts.

In written arguments filed with the Ontario Supreme Court, the defense says his behavior clearly falls into the noncriminal category and the prosecution’s case has no merit.

Grewal appeared in court via video conference Monday as his attorney, Nader Hasan, filed his motion for a summary judgment and an acquittal on all charges.

Hasan says in his written arguments that there is a difference between using one’s official status for a corrupt purpose or making a mistake – or even acting dishonorably – while serving in office.

“The latter is not a breach of trust,” the document says. “It can be an error of judgment that merits an administrative sanction, or it can simply be a personal failure that has insufficient context to even merit a sanction. In any case, it is not punishable.”

Grewal, who was first elected representative of the Ontario Riding of Brampton East in 2015 and is a lawyer himself, has failed to disclose a number of large exposures to the federal ethics commissioner.

An analysis of Grewal’s bank accounts, which were produced during the prosecution’s hearing, revealed that in the period following his election as MP he had made deposits of around $6 million worth more than $10,000 and that significant amounts of this money were used for payments in the casino Lac-Leamy.

The most politically salient allegation against Grewal is that he offered lenders face-to-face meetings with Prime Minister Justin Trudeau in exchange for their financial help.

Two Brampton-area businessmen, who each provided Grewal with a $200,000 loan, 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 meet Trudeau privately.

But neither said they expected such access in exchange for the loans – and Hasan argues that the evidence in court “completely contradicts” that notion.

Both businessmen described themselves as friends of Grewal and said they were unaware their names had been proposed for an exclusive event. Additionally, no one described the opportunity for a photo op with Trudeau as “particularly valuable,” the defense filing reads.

Prosecutors also alleged seven other lenders had received immigration-related assistance from Grewal’s office, most commonly in the form of letters in support of temporary residency visa applications.

Hasan notes that such letters are “not uncommon” as lawmakers’ offices regularly send them to voters and are not a necessary part of the motion packages.

The idea that loans would be given in exchange for the letters “contradicts common sense,” the defense says.

If such letters and even invitations to meetings are standard activities for an MP’s office, it would have been more problematic, Hasan argues, if Grewal had “refused to offer these standard constituency services to these men simply because he had a personal connection with them.” or received personal loans from them.”

To meet the standard for a breach of trust charge, the Crown must have produced evidence that Grewal acted in connection with the duties of his office, that his conduct constituted a serious and clear departure from the standards set by someone in his or of that position he acted with the intention of using his public office for a purpose other than the public good.

The defense asserted that the crown failed.

Grewal resigned as a member of the Liberal faction in 2018 after his gambling problem became public knowledge, and he did not run for re-election.

In 2020, the RCMP indicted him on four counts of breach of trust and one count of $5,000 fraud, but only two breach of trust charges remain.

His trial began last summer, and it was only after nine weeks of taking evidence that prosecutors closed their case. If the defense fails to obtain a judge’s judgment, the trial could continue into the spring.

This report from The Canadian Press was first published on February 6, 2023.

Marie-Danielle Smith, The Canadian Press

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