Secret trial | The Crown had close contact with Minister Lametti

Canada’s Justice Minister David Lametti has been in close contact with the boss of Crown prosecutors over a controversial secret trial held in Quebec, documents obtained by The Press. In the wake of these exchanges, Mr. Lametti refuses to say whether other Canadians have been tried outside the public system during his mandate.

On March 25, The Press reported how the Quebec Court of Appeal had overturned the conviction of a person tried exceptionally in the context of a secret trial. The accused was a police informant accused of a crime the nature of which remains confidential and who was given a sentence kept secret. The Court of Appeal overturned the conviction and decried this way of doing things “contrary to the fundamental principles” of justice and “incompatible with the values ​​of a liberal democracy”.

But she refused to release the names of the prosecutors involved, that of the judge and those of the defense attorneys. She also did not provide details on the nature of the charges or the sentence that was initially imposed.

On March 30, The Press revealed that it was federal Crown prosecutors, the Public Prosecution Service of Canada (PPSC), who had participated in this extraordinary exercise.

Since, The Press repeatedly asked the Minister of Justice of Canada, David Lametti, if he was going to intervene to give directives so that prosecutors no longer proceed outside the public system in the future.

Each time, he emphasized his desire to let the organization manage its affairs independently.

“As you know, the Public Prosecution Service of Canada is an entity that operates remotely and is independent,” replied its spokesperson, Chantalle Aubertin, on June 2.

However, excerpts from e-mail exchanges and text messages show that this “distance” did not prevent the minister from being in close contact with the patroness of the federal Crown, Ms.^e Kathleen Roussel, on this controversial subject.

295 additional days to submit documents

The documents obtained under the Access to Information Act are only a fraction of what the Justice Department has about the secret trial. Last July, when we asked to obtain a copy of all the documents held by the Department of Justice on this file, including Mr. Lametti’s correspondence, the persons in charge of access to information asked for an extension 295 days to process the request, given the large number of documents to be analyzed and the consultations that will have to be carried out.

The limited number of documents obtained to date nevertheless shows that on March 30, when The Press reveals the involvement of his prosecutors in the secret trial, M^e Roussel wrote directly to Minister Lametti to tell him about the file.

“Hope you’re doing well,” she said in her email. The rest of the message is redacted in the documents sent, except for the conclusion: “If you want to discuss, please use my cell phone,” she wrote to the minister. Unlike email content, unrecorded telephone conversations are not subject to Access to Information Act and therefore cannot be disclosed.

The same day, Minister Lametti’s executive assistant wrote to the Director of Public Prosecutions to organize a call between the latter and the Minister, the same evening, still about the secret trial. “He has your number, if he frees himself before,” she says.

Mr. Lametti’s office would not disclose what was said during that call. “Communications between the Director of Public Prosecutions and the Minister are protected by professional secrecy,” said the Minister’s spokesperson. But leaked documents show that the day after the phone conversation, at 9:42 a.m., the director of public prosecutions contacted her director of communications, Elizabeth Armitage. “We need to release a statement, if possible before 2 p.m. – lunchtime would be better,” she wrote.

In Ottawa, 2 p.m. marks the start of Question Period in the House of Commons, during which ministers must have answers for the opposition parties.

A draft press release for the Minister

M^e Roussel also contacted Minister Lametti’s chief of staff, Alexander Steinhouse. “I just sent you and the minister our draft statement,” she said.

“Thank you, the minister is in the cabinet, so I will show him as soon as possible,” replied Mr Steinhouse.

At 11:24 a.m. that day, she wrote directly to the minister and his chief of staff. “As discussed, here is the text that I have just approved to go into translation. We hope to release something in the next hour or so,” she said.

” Thanks. The minister has seen the statement. Please let us know when it is released,” said the chief of staff.

The press release in question contradicted the Court of Appeal and denied the holding of a secret trial.

After this exchange, Mr.^e Roussel sent a message to his deputies. “The minister’s office should be notified as soon as the release is out,” she said. At 2:02 p.m., it’s still M^e Roussel who alerted the minister and his chief of staff. “It’s out,” she confirmed, as elected officials gathered in the chamber.

No guarantee

We asked the minister if, in the light of these exchanges and the abundant documentation that his department claims to have on the subject, he can now guarantee that no one else has been tried in the context of a secret trial in Canada since taking office.

“Since the matter is still before the courts as it is the subject of an application for leave to appeal to the Supreme Court of Canada, it would be inappropriate for the minister to make any additional comments,” said his attaché. Press.

The Press also asked the Minister several times if he condemned these practices. In a response sent on November 11, he refused to do so, while reiterating his “concern”.

“The Minister has expressed concern about this. It was clear, ”insisted its spokesperson, Chantalle Aubertin.

“The principle of open court is a fundamental principle of our justice system. Justice must be done, in full view of everyone. I am very concerned about media reports about legal proceedings in Quebec,” the minister previously said.