The Supreme Court of Canada will look into the case of the “shadow criminal trial” which was held in Quebec in disturbing secrecy, out of sight.
The highest court in the country announced Thursday morning that it agreed to hear this case. This is the case when he considers that it is of national interest or that it presents a question of new law.
It was the Quebec government that asked the Supreme Court to take up the case and order the Court of Appeal to reveal more information about this criminal trial, which was held behind closed doors. total.
A group of media, among which are The Press, Radio-Canada, La Presse canadienne and the Coops de l’information dailies have also made a similar request. They enjoin him to hear this case which involves the balance to be respected between the publicity of legal proceedings and the protection of police informers – necessary for the resolution of crimes.
Several players in the justice system have spoken out against this way of proceeding: who else could be convicted outside the justice system and possibly sent to prison without anyone knowing?
“This Application for leave to appeal raises important issues that are at the heart of Canadian democracy. Indeed, freedom of expression, freedom of the press and their corollary, the public’s right to information, are pillars of democracy”, thus argued the media.
Out of the shadows
The existence of this phantom trial was revealed in March 2022 by a redacted judgment of the Court of Appeal.
This judgment pronounced a halt to the criminal proceedings brought against a police informant who, for an unknown reason, found herself accused of a crime… which she had apparently herself denounced. The three judges had also issued confidentiality orders and the sealing of all proceedings and notes and all documents of the case.
The Court of Appeal said it was shocked that this trial was held in the greatest of secrets: no file number, nor the names of the judges and lawyers who argued the case. Even the name of the judicial district where the case took place is kept in shadow and under padlock.
As for the public, without this judgment of the Court of Appeal, it would not even have known that this trial had indeed taken place.
On the other hand, subsequently called upon to reveal even more information on this criminal prosecution, the Court of Appeal flatly refused: “There can be no question of disclosing any information likely to make it possible to identify “Designated Person” [nom donné à l’informatrice de police dans le jugement] at the risk of putting her in danger. »
No one demanded to know his name, but Quebec nevertheless ordered the Court of Appeal to make public all information that was not likely to allow his identification.
This judgment raised significant questions and concerns among the Quebec population, and “damaged public confidence in the administration of justice”, underlined Quebec in its brief filed with the Supreme Court to convince it to hear the case.
The provincial wants the highest court in the country to order the Court of Appeal to partially remove the seals placed on the file, because “no trace of the first instance trial exists”.
The Supreme Court will announce at a later date when it will hear the arguments of the parties.