“In all major investigations, particularly in matters of corruption and embezzlement, and the investigation into leaks is one of them, it is critical,” says Me Robert Rouleau, number 2 of the Independent Investigations Bureau (BEI), on the complexity of disclosing evidence.
The BEI investigation into leaks from the Permanent Anti-Corruption Unit (UPAC) and the conduct of the UPAC Project A investigation which led to the arrest of MP Guy Ouellette in 2017 is now entering its sixth year .
HAS The Presswho asked him to explain these delays, Me Rouleau responded that the investigation would likely have already been completed, were it not for the complexity of the process of obtaining and disclosing evidence in court, when questions of privilege – professional secrecy or otherwise – are raised.
PHOTO HUGO-SÉBASTIEN AUBERT, LA PRESSE ARCHIVES
Former Liberal MP Guy Ouellette, in 2018
Since the start of the Serment investigation, the National Assembly and Guy Ouellette have, for example, discussed parliamentary secrecy and private life on evidence requested by the BEI, while UPAC, the Sûreté du Québec and other parties also raised questions of privilege.
These questions were the subject of requests and debates that took place over several months before the evidence was released to investigators and could be analyzed.
In January 2022, the boss of UPAC, Frédérick Gaudreau, asked Ottawa to change the laws, to make the task of investigators easier in white-collar crime cases.
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESSE ARCHIVES
UPAC commissioner, Frédérick Gaudreau, in 2022
Me Rouleau adds his voice to that of the boss of UPAC.
“Investigations are systematically delayed by a process that is immensely cumbersome. The laws should be amended to provide a specific procedure for these situations. The federal government must look into this and find a way to ensure that questions of privilege are resolved quickly on the product of the searches and that we have the certainty that we can use the documents,” said Mr.e Roll.
New obstacle
At the same time as they have been delayed by the complexity of disclosing a large part of the evidence, BEI investigators must now deal with requests from other courts, civil ones.
Two police officers involved in the UPAC investigation after which Guy Ouellette was arrested but never charged, André Boulanger and Caroline Grenier-Lafontaine, filed lawsuits against the media, and they recently won case before the Court of Appeal for the BEI to hand over to them thousands of pages of documents from the UPAC investigations and the Oath of the BEI investigation.
We are faced with an imbroglio which complicates the matter so much that we must appear in a case management notice in civil matters to explain to the judge what is being asked of us. This could potentially keep my investigators full-time for six months and even eight months.
Me Robert Rouleau, number 2 of the BEI
“We were delayed all along for five years by other authorities, and that [l’arrêt de la Cour d’appel] means that potentially, I could be obliged to mandate my investigators to find a way to respond to a request which will occupy them full time. My five investigators assigned to the Serment project cannot do ten cases at the same time,” adds M.e Roll.
” Sword of Damocles “
Despite this “sword of Damocles” which hangs over the Serment investigation, Me Rouleau said he is hopeful that the report, which will be approximately 700 pages long and contain more than 8,000 references to evidentiary documents, will be filed with prosecutors by December 31.
But in the past, BEI officials had already set the submission of the report for December 2022, then for spring 2023.
“I feel like I’m living in Groundhog Day,” he remarked. The Press.
“December is the goal we set for ourselves,” assured M.e Roll.
Since the start of the investigation into the leaks, investigators from the Ministry of Public Security and the BEI have received between 10 and 13 million documents from UPAC, of which they have sorted 1.8 million elements deemed relevant. They amassed another 300,000 during searches and are soon expecting another 60,000, the last to receive, says Me Roll.
Around 150 witnesses were interviewed over five years.
According to figures obtained under the Act respecting access to documents held by public bodies and the protection of personal information from the various organizations involved in the Serment survey and compiled by The Pressthis would have cost so far at least 11 million.
To contact Daniel Renaud, call 514 285-7000, ext. 4918, write to [email protected] or write to the postal address of The Press.
The Oath survey in a few dates
April 2017
Quebecor media publishes sensitive documents from an active investigation by UPAC (Mâchurer) into the financing of the Liberal Party of Quebec.
May 4, 2017
In the parliamentary committee, the UPAC commissioner, Robert Lafrenière, promises to stop “the bandit” behind the leaks.
October 25, 2017
The deputy Guy Ouellette, former UPAC investigator, and an investigator still active in the unit are arrested by UPAC because they are suspected of being the authors of the leaks.
September 28, 2018
The office of the Director of Criminal and Penal Prosecutions (DPCP) recognizes the nullity of the warrants issued against Guy Ouellette and his alleged accomplices. They will not be charged.
1er October 2018
UPAC commissioner Robert Lafrenière resigns on the day of the provincial elections.
October 25, 2018
Quebec entrusts the Bureau of Independent Investigations (BEI) with the mandate to investigate the leaks at UPAC and the way in which it conducted the investigation following which Guy Ouellette was arrested.
March 6, 2019
The director general of the Sûreté du Québec, Martin Prud’homme, is relieved of his duties following allegations of obstruction made as part of the Oath investigation. He will be cleared quickly, but will not return to the head of the SQ.
September 25, 2020
Former Deputy Prime Minister Nathalie Normandeau and others accused of fraud benefit from a halt to the legal process due to legal delays and leaks from UPAC investigation documents.
Daniel Renaud, The Press