A prosecutor from the elite team of the Director of Criminal and Penal Prosecutions (DPCP) claims to have been unjustly dismissed because of his disability, when he had filed a complaint for psychological harassment against his superiors. Despite the “unsustainable” pressures of these, he had denounced “ethical” problems in certain files.
Posted at 12:00 a.m.
In September 2018, the situation is so problematic that Me David Létourneau alerts the director of the DPCP, Me Annick Murphy. He then complained of “undue and abusive pressure” that had become “unsustainable” from his bosses, the chief prosecutor and a deputy chief prosecutor of the Bureau of Serious Crime and Special Affairs (BGCAS) of the DPCP.
According to a source, M.e Létourneau was working at the time on major investigations targeting SNC-Lavalin and the illegal dumping of contaminated soil. This latest investigation did not result in any major charges.
Six months later, the experienced prosecutor lost his job at the DPCP, not because of his work performance, but because of the “undue hardship” presented by his “permanent functional limitations”. His “diagnoses” were however known at the time of his hiring, in April 2018. His letter of “breaking the employment relationship” is signed by Me Annick Murphy.
For more than two years, Mr.e David Létourneau is challenging his “arbitrary, discriminatory and illegal” dismissal before the Public Service Commission, pleading that he has a disability within the meaning of the Quebec Charter.
He claims to be able to carry out his work and criticizes the DPCP for not having attempted any accommodation. According to his lawyers, he has been diagnosed with ADHD and giftedness, “neurological” type disabilities.
At the end of a trial passed under the radar, the pleadings of the parties are scheduled for Thursday and Friday. Gray areas remain, however, regarding the context and details of Ms.e Létourneau, since strict orders imposed by the judge prevent us from having access to the exhibits and from publishing the content of the testimonies.
The few public documents, however, raise questions about the dysfunction within this team of prosecutors assigned to major investigations against organized crime, elected officials or high-caliber fraudsters. The Press also reported in 2020 management problems within the BGCAS and the loss of 60 prosecutors in five years.
Psychological harassment
In his appeal, led by the Association of Criminal and Penal Prosecution Prosecutors (APPCP), Mr.e Létourneau claims to have been the victim of psychological harassment by his superiors, the chief prosecutor at the time, Josée Grandchamp (now retired), and the assistant chief prosecutors Betty Laurent and Julie Desbiens (now at the Bureau de service-conseil ). He had also formally lodged a complaint against them before his dismissal.
“Me Létourneau was the victim of abusive and discriminatory management […] in a context where [il] has raised, despite pressure from managers, several issues of an ethical and professional nature in certain files in which he has acted”, maintains his lawyer in the notice of disagreement filed on March 20, 2019.
“The background behind this dismissal deserves to be carefully scrutinized by the Public Service Commission”, then insists the camp of Me Letourneau.
These are “serious accusations of allegedly hostile, vexatious, discriminatory and even abusive conduct” by Ms.e Lawrence and M.e Desbiens, supports the lawyer for the two deputy chief prosecutors in a document dated July 2020.
We understand the rare documents made public that the chief prosecutor of the Bureau asked Ms.e Létourneau in 2018 to “stop certain behaviors” and be more present in the office. She then reproached him for his assiduity and his respect of schedules. Me Létourneau then complained about having to provide a medical note for any sick leave. It was later that he denounced an “unbearable” situation to the director, Ms.e Murphy.
“The Commission considers that the notice of disagreement in terms of psychological harassment targets the management that would be abusive by the DPCP of Me Létourneau in terms of attendance, justification of his absences and presence in the office, ”says administrative judge Mathieu Breton in an interlocutory decision of October 2021.
The APPCP and the DPCP did not want to comment on the case because of the ongoing legal process.