The boss of federal Crown prosecutors involved in the mysterious “shadow trial” organized in Quebec is breaking the silence. He claims that he never authorized a secret trial to be held. In order to shed light on the situation, the Minister of Justice, Simon Jolin-Barrette, is now asking to make public the names of the lawyers and the judge who took part in the exercise.
Posted at 5:00 a.m.
Mand André Albert Morin, chief federal prosecutor of the Public Prosecution Service of Canada for the Quebec region, was formal during a telephone interview with The Press Wednesday: he denies having given the green light to the procedure as described.
“The answer is no. Authorize a secret trial? No. But you will also understand that I have a duty of reserve, a duty of loyalty, and I cannot comment on the case in any way,” said the seasoned lawyer. Until now, the federal Crown had refused to invalidate or confirm its participation in this unusual procedure.
Organized crime investigation
A few hours earlier, The Press had revealed based on sources familiar with the matter that the mysterious secret trial which caused consternation within the judiciary and the political class involved the Royal Canadian Mounted Police (RCMP) and federal Crown prosecutors. The sources who confided in this subject requested anonymity, because they are not authorized to speak about this ultra-confidential file.
According to our information, the accused was an RCMP informant in an organized crime investigation. When he himself was accused of a crime, the police and prosecutors devised a way to try him in secret to protect an ongoing investigation.
The person was sentenced for a crime whose nature is unknown, before a judge whose name is unknown and who imposed a sentence kept secret. No case number was created, the proceedings were not posted on the list of cases dealt with by the court, the judgment was not archived at the registry and witnesses were even questioned outside the court.
This “shadow trial” finally came to light recently because the defendant decided to appeal his conviction.
“In short, no trace of this trial exists, except in the memory of the people involved,” explained the judges of the Quebec Court of Appeal, in a judgment which annulled the conviction of the accused. The judgment denounced a process “contrary to the fundamental principles” of justice and “incompatible with the values of a liberal democracy”.
Simon Jolin-Barrette intervenes
On Wednesday, in a press release, Attorney General Jolin-Barrette explained that he had instructed Justice Department prosecutors to address the highest court in Quebec and submit a request “for certain information currently redacted can be made public, including the identity of the judge concerned, the lawyers involved as well as the orders rendered in this case”.
“As Minister of Justice and Attorney General of Quebec, I remain deeply concerned by the circumstances that are reported. In this regard, I spoke with the management of the Court of Québec and the Superior Court. We share the same concerns about the circumstances surrounding this case as well as the importance of the principle of the publicity of legal proceedings,” he said.
PHOTO JACQUES BOISSINOT, CANADIAN PRESS ARCHIVES
The Minister of Justice and Attorney General of Quebec, Simon Jolin-Barrette, has asked that certain information about the secret trial be made public.
In Ottawa, the Minister of Justice and Attorney General of Canada, David Lametti, said he was “very concerned” by this case, without wanting to get involved. “The principle of public hearings is a fundamental principle of our justice system,” he said in a written statement. Justice must be done, in full view of everyone. »
“I am relieved that the Court of Appeal of Quebec is shedding light on this case,” he added. An independent judiciary is essential to a healthy democracy. »
In an interview on Radio-Canada radio on Wednesday, the Chief Justice of the Superior Court of Quebec, Jacques Fournier, said he was “flabbergasted” and “stunned” by this story which has been in the headlines since the publication of an article in The Presslast Friday.
In a democracy, we don’t do that.
Jacques Fournier, Chief Justice of the Superior Court of Quebec
Mr. Fournier speaks of an “unprecedented” affair. He says he does not know which magistrate could have authorized such a thing. “I’m in the dark, but totally in the dark,” he said.
“I can’t wait for there to be some light, and I won’t hesitate to let her know the light!” “, he added.
The concerned Bar
In a press release, the Barreau du Québec said it was “seriously” concerned about this case. “The Order offers its full and entire cooperation to the Minister of Justice and to the Chief Justices to put in place clear mechanisms that would allow such a situation not to recur, while respecting the authority of the courts,” said specified the organization.
Québec solidaire has also added its voice to that of the Liberal Party and the Parti québécois to challenge Minister Simon Jolin-Barrette.
“By what right did we have a hidden trial imposed on us? This is unheard of ! The Minister of Justice will have to seek answers to quickly elucidate what happened in this trial, “insisted Alexandre Leduc, spokesperson for the party in matters of justice.
The Professional Federation of Journalists of Quebec stressed for its part that the protection of the identity of a police informant does not justify the holding of secret trials.
“The code of judicial procedure provides several ways to protect the confidentiality of proceedings, the identity of the parties, while maintaining the principle of the publicity of the proceedings,” said Marie-Ève Martel, vice-president of the Federation. According to her, holding trials in secret “can only undermine the public’s confidence in justice”.
With the collaboration of Hugo Pilon-Larose and Mylène Crête, The Press