National Post

MAN OVERBOARD

VICE-ADMIRAL MARK NORMAN WAS SECOND-IN- COMMAND OF THE CANADIAN FORCES UNTIL AN RCMP PROBE LED TO HIS SUSPENSION. A YEAR LATER, HE’S STILL IN LEGAL LIMBO IN A CASE MARKED BY POLITICAL INTRIGUE, BUSINESS INFIGHTING AND GOVERNMENT SECRETS.

- David Pugliese,

It was a chilly -11 C in the nation’s capital last November as t housands gathered at the National War Memorial to remember the sacrifice of Canada’s veterans. Defence Minister Harjit Sajjan and Veterans Affairs Minister Seamus O’Regan, the government’s main representa­tives at the ceremony, stood at the front of the crowd along with rows of aging veterans, some in wheelchair­s. The new governor general, Julie Payette, accompanie­d Diana Abel, that year’s Silver Cross Mother, representi­ng all those in Canada who’d lost children in the line of duty. With Prime Minster Justin Trudeau at a summit in Asia, Sophie Grégoire Trudeau represente­d him among the many dignitarie­s who laid wreaths just steps from Parliament Hill. Twenty kilometres away, in the east- end Ottawa suburb of Orléans, Vice- Admiral Mark Norman stood quietly somewhere among a much s maller crowd. An hour earlier, he had dressed in his naval uniform, put on his medals and made his way to the Orléans Cenotaph near his home. He was relatively anonymous among the Remembranc­e Day crowd gathered outside the local Legion branch, watching a RCMP pipe band lead a parade of veterans and other marchers to the cenotaph, observing the minute of silence and listening as a bugler played The Last Post. When the ceremony was over Norman left quietly, melting away with the rest of the onlookers.

For the past several years, Norman had been part of the official federal government ceremony commemorat­ing the fallen. But not on this day, and perhaps not ever again.

The second- in- command of t he Canadian Armed Forces until a year ago, Norman is now persona non grata at the Ottawa head- quarters of the Department of National Defence. He has spent the last twelve months under a cloud of suspicion created by as-yet unsubstant­iated RCMP claims that he breached the public trust and provided allegedly secret informatio­n to a company the federal government had hired to provide a supply ship to the Royal Canadian Navy.

While Norman stood in the crowd at the Orléans cenotaph, 440 kilometres away at Quebec City the supply ship at the heart of the controvers­y, the MV Asterix, was being prepared for its sea trials in Gaspé Bay, having been delivered on time and on budget — an extreme rarity in the world of Canadian military procuremen­t.

A federal judge has pointed out that there has been no suggestion that Norman received monetary compensati­on, or any other “personal advantage,” for what he is alleged to have done. Hundreds of pages of documents offering i nsight i nto the RCMP’s investigat­ion of Norman, unsealed last year after a court challenge by media organizati­ons including Postmedia, offer no challenge to his apparent motivation: to ensure that, in the face of political considerat­ions and procuremen­t uncertaint­ies, the navy actually received a vessel it sorely needed.

These days the 54-year-old Norman spends most of his time at his home in Orléans. While he is still receiving his military salary, his life is on hold. A year ago the RCMP removed from that home thousands of documents — including many with no conceivabl­e connection to the Asterix, like family photos and medical informatio­n about Norman’s wife, Beverly. Due to have been returned to the Normans by Jan. 9 of this year, the RCMP recently sought and were granted an extension to keep hold of the material for another 60 days.

Norman has still never officially been provided the reasoning for his unpreced- ented removal as vice-chief of the defence staff. He has never received a military hearing on the matter, and there has been no independen­t examinatio­n of the facts of his case.

Though Prime Minister Trudeau publicly and boldly predicted Norman would end up in court, the claims made against the sailor have not been tested by a judge or jury. At this point, it is unclear whether they ever will be. According to sources close to the case, the RCMP presented the evidence it has gathered in the Norman matter to the federal prosecutor’s office last summer; however, the federal prosecutor has laid no charges against Norman or anybody else in relation to this evidence, and the case remains open.

How did the second- incommand of the Canadian Forces end up in limbo for a year, with no end in sight? While Norman declined to comment for this article, Postmedia has compiled this account of events from court records, from documents obtained through the Access to Informatio­n law and from a series of interviews with multiple sources in the Department of National Defence, in the defence industry and involved in or with knowledge of the Norman case.

Supply ships may be the least glamorous vessels in the fleet, but they’re critical to the functionin­g of a proper navy. They make sure warships have enough fuel, food and ammunition to continue operating, and without them, a maritime force is limited in how far from its country’s shores it can travel.

The Royal Canadian Navy had been trying to replace its two aging supply ships since 1999, but those efforts kept failing, victims of a lack of political will and of Canada’s infamously ineffectiv­e military equipment procuremen­t system.

A replacemen­t program under the Liberal government of Prime Minister Paul Martin had gone nowhere. Stephen Harper’s Conservati­ves tried again in 2006, an effort that flopped within two years. In 2011 the Conservati­ves launched a new attempt under what they called the National Shipbuildi­ng Strategy, selecting Seaspan Shipyards in Vancouver to build two replacemen­ts.

Even as the Conservati­ves made their latest attempt to solve the navy’s supply problems, behind the scenes Mark Norman was warning politician­s the government’s shipbuildi­ng plan was sailing into stormy waters. Norman comes from a military family. His father had been an army major-general, but the younger Norman had been drawn to the sea and joined the naval reserves in 1980, when he was 17. Trained as a diesel mechanic, he transferre­d to the regular naval force five years later, building an unblemishe­d military career over more than three decades that saw him decorated many times over. In 2003 he was given command of HMCS St. John’s, a Halifax-class frigate; six years later he was named commander of Canada’s Atlantic fleet. In June 2011 he was promoted to deputy commander of the Royal Canadian Navy, and two years later he had command of the service.

When Norman was appointed to lead the navy it was in dire straits, as the viceadmira­l would warn in a 2014 naval business plan which Postmedia obtained via an Access to Informatio­n request. “Limited resources, financial and human, and competing priorities continue to test our ability to most effectivel­y and efficientl­y deliver our mandate,” he wrote, adding he would have to make “some very difficult decisions.”

One of those difficult decisions came in late 2014 when Norman ordered the removal from service of the navy’s only two supply vessels. HMCS Protecteur was a burned-out hulk after being crippled by a fire earlier that year. HMCS Preserver, more than 40 years old, had become unsafe to operate because it was literally rusting away.

Vice Admiral (retired) Peter Cairns, another former head of the Canadian Navy, would point out in a 2015 essay that the loss of the ships “effectivel­y reduced the navy to a wellarmed coast guard; unable to form a task group without the assistance of foreign nations.”

Canada’s navy was put in the embarrassi­ng position of having to strike a deal with Chile and Spain, two nations willing to lease some of their supply ships to Canada, but only for short periods.

In January 2015, the federal government approved a new plan that could provide at least a temporary solution — it would lease a supply ship from a private firm. Proposals for such a stop-gap measure were received from Irving Shipbuildi­ng in Halifax, Seaspan in Vancouver and Davie Shipbuildi­ng in Levis, Que.

Considerat­ions both practical and political led the Conservati­ves to choose the Davie proposal.

The Davie proposal was attractive politicall­y to the Conservati­ves as the shipyard was located in the riding of Conservati­ve cabinet minister Steven Blaney. With the country about to go into a federal election, the Conservati­ves hoped to deal with the navy’s supply ship problem while potentiall­y getting votes in Quebec by providing work to a shipyard that had been passed over for work on the federal shipbuildi­ng program.

Dubbed Project Resolve, the deal was a gamble for Davie. The project was valued at $670 million and would see Davie and its affiliates buy a vessel — a commercial container ship launched in 2009 called the Asterix, owned at the time by a Greek shipping concern and sailing under a Liberian flag — converting it into a supply ship to the navy’s specificat­ions, providing a civilian crew for five years and maintainin­g the ship over the same period.

Norman arrived, unaccompan­ied, to Vance’s office. The general was there with Forster. Vance handed Norman a draft notice of his intent to relieve the naval officer of his military duties. ‘I have compelling, sobering and frightenin­g informatio­n,’ Vance told the naval officer, although he provided no details. ‘Do you have anything to say for yourself?’ Vance asked.

‘It’s all part of the Ottawa political game,’ said retired naval Capt. Kevin Carle, who held senior positions in the media relations branch at Department of National Defence headquarte­rs. ‘Informatio­n is leaked by the government of the day in a controlled method to journalist­s. No investigat­ions are launched because it’s all sanctioned by the government.’

However, Davie would receive no money until it delivered the ship to the government.

According to industry and government sources, neither Irving nor Seaspan was happy at the decision to give work to a rival shipyard, one they saw as a potential threat to their hold on future government work.

On the first day of August, 2015, Jason Kenney, the defence minister of the day, announced the government had signed a letter of intent with Davie. Shortly thereafter, Norman began regular email communicat­ion with Spencer Fraser, a former RCN officer who headed Federal Fleet, the Davie affiliate that would oversee Project Resolve.

In Canada’s small and tightly knit defence community, it’s common for senior military leaders to be in touch with the industry officials whose firms provide the Canadian Forces with equipment. Norman and Fraser had served together and had known each other socially, meeting from time to time over the years. After Fraser left the navy for an industry job, Norman continued periodic communicat­ions with him. That communicat­ion had ceased during the selection process for the interim supply ship, according to industry sources, because of Fraser’s involvemen­t with an active bid.

In the summer of 2015, the two men resumed their correspond­ence and many of Norman’s initial emails reassured Fraser that those in government understood the importance of the project. Though Davie had purchased the Asterix, which arrived at the company’s Quebec yard in early October 2015, and though several hundred workers were standing by to begin conversion of the vessel, the country was in the middle of a federal election and the crucial next phase of the project — the government approving the conversion — was in political limbo.

On Oct. 15, Canadians elected a Liberal majority, sending the Conservati­ves, who had instigated Project Resolve, to the opposition benches. But neither in the navy nor in the federal bureaucrac­y was the change in government seen as a stumbling block for the project. During the campaign, the Liberals had promised to rebuild the military and reinvigora­te shipbuildi­ng. Project Resolve would seem to help them deliver on both of those promises. “My sense is that there is little risk of the contract not being supported,” Norman reassured Fraser.

Davie was also promoting the Resolve- class as able to take on humanitari­an missions, a specific area of interest for the Liberals. Norman pointed out to Fraser that strategy not only made sense but that it kept “the heat on,” presumably a reference to ensuring that Resolve continued to move forward.

But several weeks later the situation changed. On Nov. 15 Fraser was informed that a member of CFN Consultant­s, an Ottawa lobbying firm affiliated with one of the Irvings’ partner companies, was predicting that Project Resolve was doomed.

Two days later, a letter from James D. Irving landed on the desks of four members of the new Liberal cabinet: Sajjan, Finance Minister Bill Morneau, and two politician­s from Atlantic Canada, Procuremen­t Minister Judy Foote and Treasury Board President Scott Brison.

In his letter, Irving accused the previous federal government of having pursued a sole-source deal with Davie, and claimed his company’s competing proposal was never properly evaluated — a situation he now wanted the ministers to rectify.

The government’s reaction to the missive from the powerful Irving family was swift.

The next day Privy Council Office officials had a teleconfer­ence with DND procuremen­t staff, asking them who, other than Davie, might be able to provide the navy with an interim supply ship.

At Davie, company officials and their lobbyists tried to figure out what was happening. They had compiled their own document outlining the value of Project Resolve and planned to send it to various ministers. In particular, they wanted to concentrat­e on Brison, who they saw as a potential threat to the project since he appeared to be the one raising the most questions about the deal.

Brian Mersereau, a big player at Davie’s lobbying firm, Hill + Knowlton, suggested going to the news media to put pressure on Jean-Yves Duclos, the Liberal MP whose riding was closest to the Davie yard. In addition, Mersereau recommende­d that Davie warn officials in the Quebec government about the potential threat to Project Resolve — and the threat to jobs in the province — so they too could raise their concerns with Trudeau’s office.

A federal cabinet committee met the next day. The outcome: a cabinet decision to put Project Resolve on hold for at least two months.

In the navy, some worried that a temporary delay could turn into an indefinite delay and eventually allow the program to be scuttled.

On Nov. 19, 2015 Fraser emailed Alex Vicefield, head of Inocea, an internatio­nal shipping conglomera­te that owns Davie. The subject line read, “From Mark.” The email contained lines regarding Project Resolve, contained in quotation marks. “Most positive interpreta­tion could be govt just unsure and asking questions; cynical view could be folks manipulati­ng new govt to try to kill it. Not sure what the truth is.” ( All emails in this story are quoted as they were written.)

Fraser also told the Davie executives that then- CBC journalist James Cudmore had heard rumours about the Irving letter from somewhere inside the government. “So this could get interestin­g,” Fraser added.

The same day Fraser sent another email to Vicefield with the subject, “From our friend.”

It contained a statement in quotations: “I can tell you that Irving did stick their nose into this and sent a letter to multiple minis- ters ( incl Brison) a couple of days ago that no doubt contribute­d to the problem.”

Officials at Davie saw the delay as a scheme hatched by Brison on behalf of the Irvings. ( In statements to Postmedia, Irving has vehemently denied any involvemen­t in the Norman matter or any attempt at political meddling.) Others also apparently saw Brison as the main instigator. Fraser would later tell Vicefield that former Conservati­ve defence minister Peter MacKay “really let Brison have it” over the delay when he saw the Treasury Board president during a security conference in Halifax.

“Peter McKay ( sic) told Brison to get his head out ( of ) his ass…. not sure it helped but at least he did it,” Fraser wrote.

On the night of Nov. 19, Vicefield sent an email to company executives and lobbyists. The Inocea CEO was ready to play hardball.

“If it does transpire to be that, I will do a full page plea in the Globe and Mail to Scott Brison asking that this Nova Scotia minister put his regional bias aside for matters of national security. … then I will lay off 400 guys next week.”

Early in the morning of Nov. 20, Norman sent an email to Fraser telling him that CBC reporter Cudmore had somehow obtained a copy of the Irving letter, “which shows they have been interferin­g.”

Norman was unhappy with the developmen­t. “Irving could trace letter to me… assholes… they couldn’t just leave it alone,” Norman added. “Greedy and self-serving.”

At 5:34 a.m. that morning the CBC published an article by Cudmore, revealing a cabinet committee had decided to delay Project Resolve for two months. Cudmore also reported that Irving had meddled in the decision by sending letters to cabinet ministers.

That evening Norman emailed Fraser to tell him that Trudeau’s office and the Privy Council Office were “having kittens over references to explicit cabinet discussion­s in Cudmore article. Launching an investigat­ion…UFB.”

“They’ll all be distracted from the actual capability gap as they execute a which ( sic) hunt for who quoted who…..sigh.”

Fraser informed Norman that Davie was preparing to turn up the pressure. The company was going to inform Quebec premier Philippe Couillard that the shipyard would be closed and 1,200 people would be laid off, and that the company planned to sue the federal government.

The plan made sense, Norman replied. He also noted that Irving officials had apologized to him, presumably for sending the letter to the cabinet ministers. “I played nice but knew there were BS’ing me… its personal and vindictive,” Norman wrote.

In Norman’s view, the delay would put the defence capabiliti­es of the country and the welfare of his sailors at risk. Norman would later tell a retired officer he was ready to resign over the delay. “The blatant politics of this ( and too many other similar files) is just beyond what should be reasonable,” he explained. “People just don’t give a shit and it actually hurts.”

On Nov .23, Fraser emailed Vicefield saying Seaspan — the west coast shipyard — had sent a letter of their own to the Liberal government, pointing out that they too had proposed an interim ship but were rejected.

Fraser suggested talking to Cudmore and then- Postmedia columnist Michael Den Tandt about the latest developmen­t.

On Nov. 25 both Cudmore and Den Tandt published articles about the Seaspan letter, in which the shipyard claimed its interim supply ship proposal was not properly considered.

That evening, CBC also published another article by Cudmore about the ballooning costs of the federal government’s shipbuildi­ng strategy, citing briefing materials, which had been classified as secret, presented to Sajjan and Foote earlier that month.

Fraser was very pleased with the new article. “Shock and awe baby!,” he wrote to Norman.

But the vice-admiral wasn’t impressed .“He’s ( Cudmore) going to draw some really aggressive attention,” Norman wrote. “The source of that document will be investigat­ed by the RCMP and anyone associated with him will be part of their search. This is serious shit.” ( Cudmore, now a senior advisor to Defence Minister Sajjan, declined to comment for this story.) The leak did its job. Couillard phoned Trudeau to tell the prime minster the delay was unacceptab­le and was putting Quebec jobs at risk. Trudeau found himself taking questions from journalist­s about what he would do about the potential layoffs at Davie because of his government’s decision.

The Liberal government was furious and the RCMP were called in to investigat­e the leak.

In an interview with the RCMP, Brison, a minister who had been in federal politics for 20 years, claimed he had never before seen such a leak of sensitive informatio­n. “The rendering of this ( classified informatio­n) into the public domain did an awful lot to limit our ability to really do what we’d intended to do, and that is more due diligence on this," he said.

On Nov. 30 Sajjan and Foote announced that the government had decided against the two-month delay. The ministers pointed out that the Asterix had already been delivered to Davie and that workers were standing by. To restart the project and launch a competitio­n would mean losing “precious time in providing the navy with a critical refuelling and support capability.”

The Ottawa offices of the global communicat­ions and lobbying firm Hill + Knowlton are on Metcalfe Street, just two blocks from Parliament Hill and the same distance from the War Memorial in the capital’s compact downtown. In May 2016, they were raided by the RCMP.

The Mounties had been interviewi­ng government officials through the first part of the year, and that month raided H+K as well as Fleishman Hillard, another lobbying firm that had previously worked for Davie, and the offices of Davie itself, with search warrants that allowed them to collect emails and other informatio­n.

The police force soon developed its working theory.

RCMP Corp. Matthieu Boulanger, in charge of the investigat­ion, believed that Norman provided informatio­n, alleged to include cabinet confidence­s, to Fraser. Norman did that, according to the RCMP, “to influence decision-makers within government to adopt his preferred outcome” of providing the Asterix supply ship for the Royal Canadian Navy.

The RCMP also believed that Norman was the “friend” Vicefield had mentioned in a number of emails.

Cudmore’s r e por t i ng made clear that someone had disclosed confidenti­al informatio­n from the cabi net committee meeting, the police force alleged. Although the RCMP acknowledg­ed it didn’t know how Cudmore obtained the Irving letter.

On Nov. 16, 2016, the RCMP launched a surveillan­ce operation against Norman, with a police officer stationed outside Norman’s house in the Ottawa suburb of Orléans. The observatio­ns were typically mundane: An officer would report the garage door opening and “an unidentifi­ed male wearing white pants” entering a car and drove away. (It was Norman, in uniform, going to work.)

Just before Canadian Forces personnel were to strip his office of his mementos and awards and send them to his home, Norman phoned defence headquarte­rs and informed officials there to carefully record the process. ‘I want you to photograph exactly where each of those items are in the office,’ Norman told officers. ‘Because I’m coming back — and they are going back up on the wall where they belong.’

On Monday, Jan. 9, 2017, at 7:22 a.m ., seven police officers arrived in three vehicles at Norman’s house. The vice-admiral was off that day and was about to take Beverly, assistant to a veterinari­an, to her office. After a brief questionin­g that left her shaken, police allowed her to leave.

The officers stayed in the house for six hours. They seized a desktop computer, a laptop, two cell phones and three iPads, one owned by Beverly.

Norman had defence department files on some of the devices — he often worked at home at night — but none classified as secret. Though the RCMP’s warrant allowed them to seize DND files and related material, the police force, Norman’s camp believes, significan­tly oversteppe­d its legal parameters by also seizing thousands of pieces of personal effects from the Norman family. Those included family and vacation photos, Beverly’s medical records, her personal texts and her pay stubs. They remain in t he RCMP’s possession. Close friends of the Normans say the couple feel the police seizure and retention of so much material unrelated to the case was over the top, an uncalled-for invasion of their family’s life.

After the RCMP left the house, Norman phoned his office, asking his assistant to set up a meeting with Vance, his boss. He was unaware that even as police were in his home, a senior RCMP officer was already briefing Vance. Sajjan, the department’s deputy minister John Forster and various bureaucrat­s were also informed of the police investigat­ion.

Several hours later, Vance’s chief of staff called Norman and informed him that the CDS wanted to see him at 6 p.m. that day.

Norman arrived, unaccompan­ied, to Vance’s office. The general was there with Forster.

Vance handed Norman a draft notice of his intent to relieve the naval officer of his military duties. “I have compelling, sobering and frightenin­g informatio­n,“Vance told the naval officer, although he provided no details.

“Do you have anything to say for yourself ?” Vance asked.

Given t he severity of Vance’s statement, Norman said he wanted time to consult a lawyer, and, concerned that his response might be turned over to police and potentiall­y used against him, asked Vance about the legal status of any response he would provide.

On Jan .13, Vance informed Norman that Admiral Ron Lloyd would be appointed as acting vice-chief of the defence staff. Norman was given a formal letter, suspending him from command. In the letter, Vance wrote without explanatio­n that he had lost confidence in Norman’s ability to command.

There would be no internal hearing, and no formal opportunit­y for Norman to present his side of the story. The decision was based on the unproven claims that underpinne­d the RCMP’s search warrant.

The following Monday, Vance’s letter was distribute­d to various offices at National Defence Headquarte­rs in Ottawa. It took only 20 minutes to be leaked to media outlets.

Beyond t hat, t hough, Vance ordered a blackout on all informatio­n about Norman. The Canadian Forces refused to say why the viceadmira­l had been removed, when Norman was given Vance’s letter, whether Norman was still serving and, if so, in what job or capacity.

Vance, meanwhile, had left the country — but the military wouldn’t say where he had gone or why, or even when he’d departed. ( It would later emerge he was in Europe for meetings.)

Asked about Norman’s removal, Trudeau declined to provide any details. Vance had made the decision, Trudeau said, and his government fully backed its defence chief. Sajjan released a statement that echoed Trudeau’s almost word for word.

Canada’s second- highestran­king military officer was removed from office without a word of explanatio­n.

The lack of informatio­n fuelled gossipy theories in political, defence and media circles. Military personnel wondered whether it was related to sexual misconduct. Perhaps Norman was a Russian spy, others mused.

After 10 days of allowing speculatio­n to percolate about the reasons for Norman’s dismissal, Sajjan announced what the government had known all along. “This is not an issue of national security,” the minister told journalist­s. No other explanatio­n was provided.

On Feb. 23, the high- profile Toronto criminal lawyer Marie Henein, newly famous for her successful defence of former CBC host Jian Ghomeshi, entered the fray on Norman’s behalf. Her new client, she said in a statement, “has at all times served his country honourably and with the sole objective of advancing the national interest and the protection of Canada."

Weeks l ater, Trudeau made a bold prediction: Norman was going to trial. “This is an important matter that is obviously under investigat­ion, and will likely end up before the courts, so I won’t make any further comments at this time,” the prime minister told journalist­s.

The comments alarmed Norman’s supporters. Was the PMO coordinati­ng on strategy with the RCMP and Justice Department? How could Norman get a fair trial — if it came to that — if the Prime Minister’s Office were involved in the prosecutio­n?

At National Defence Headquarte­rs, offi c i al s began to remove traces of Norman’s existence. An officer phoned the vice-admiral at home and informed him that his personal possession­s were being hauled out of his office so a new acting VCDS, Lt.- Gen. Alain Parent, could move in. Plaques and photos were taken off the wall. Some were put in storage, others boxed and sent to Norman’s home by taxi.

The investigat­ion into Norman has been extensive. Police have interviewe­d more than 30 individual­s — staff at Davie and affiliated firms, at the Department of National Defence, at Public Services and Procuremen­t Canada, and a number of federal cabinet ministers. The RCMP obtained nine search warrants, examining Norman’s home, cell phones and computers, Davie’s offices and those of its lobbyists, and internet- and phone- service providers to Spencer Fraser.

While Norman’s correspond­ence with Fraser contained raw language and candid observatio­ns, there appears to have been no actual transfer of classified informatio­n or cabinet confidence­s in those messages.

The RCMP did f i nd a Memorandum to Cabinet, marked secret, in the office of top Hill + Knowlton official Mersereau, but there is no indication it is connected to Norman. No charges have been laid in relation to the matter against anyone at Hill + Knowlton, and in a statement to Postmedia the firm said none of its officials are under investigat­ion of any kind.

The federal police force has already been warned that its case against Norman may be on shaky ground. In an April 21 ruling on an applicatio­n by a group of news organizati­ons including Postmedia to make public the details of the search warrant executed on Norman’s home, Ontario Superior Court Justice Kevin Phillips pointed out the problem the RCMP faced: the fact Norman was communicat­ing with industry officials, Phillips said, didn’t mean he was guilty of anything.

“The emails in question are by no means smoking guns,” Phillips said in his ruling.

Phillips also pointed out another possible explanatio­n for Norman’s emails: for decades, Canadian military procuremen­t has been a mess. Norman found himself in the midst of situation where the acquisitio­n of a supply ship the navy badly needed appeared to be head- ed off the rails due solely to political considerat­ions. The judge specifical­ly noted that none of what Norman did was for financial gain, but was instead to advance ensure well- being of the navy and his sailors.

“At its highest, it appears that the potential allegation against Vice- Admiral Norman is that he was trying to keep a contractua­l relationsh­ip together so that the country might get itself a badly needed supply ship,” Phillips wrote. “A reasonable member of the informed public might understand the frustratio­n of being ViceAdmira­l of a Navy that cannot on its own go more than a tank of gas away from port. An officer of his rank would be expected to develop and maintain relationsh­ips with those in the business of supply the Navy and his communicat­ions with such people are not, therefore, in and of themselves untoward.”

Phillips highlighte­d another potential problem with the RCMP investigat­ion: For a case to stand against Norman, prosecutor­s will have to prove that the naval officer was the first in leaky Ottawa to have shared any Cabinet confidence­s in question. “To be found to have been the leak which breached cabinet confidenti­ality the remainder of the informatio­n loop must be found to have been airtight,” the judge said.

But Postmedia has confirmed the i dentity of a second source whom the RCMP allege leaked Cabinet confidence­s. While the RCMP was aware of the second suspect from the beginning of their investigat­ion, their focus has remained on Norman. The second source, an employee of Public Services and Procuremen­t Canada with no link to Norman, has not been charged and is still in his job in Ottawa. He has not responded to Postmedia’s requests for comment.

There is also the possibilit­y a third individual may have been involved in supplying Davie with insider informatio­n. In a Nov. 24, 2015 email, Fraser told Norman that an individual he called “the Wolf ” had been providing the company with behind-the-scenes informatio­n.

In their sworn informatio­n to obtain the search warrant against Norman, the RCMP said they don’t know the identity of “the Wolf.” Sources close to Norman say the officer also has no idea who “the Wolf ” is, nor has Postmedia yet been able to confirm the person’s identity.

Liberal Senator Colin Kenny points out that the details of the Nov. 19 cabinet meeting would have been known initially by dozens of government officials.

“To claim that Mark Norman is the only one with such informatio­n is ridiculous,” said Kenny. “He appears to me to be the designated fall guy.”

Norman’s s upporters remain astonished by the RCMP’s pursuit of the naval officer given that leaks of secret informatio­n and cabinet confidence­s to trusted journalist­s have been part of the media strategy of every government in memory — including the current one.

Portions of the 2017 federal budget were provided to CTV days in advance of the document being made public. A “senior Liberal official” confirmed to the Globe and Mail the decision to name Julie Payette as Governor General before it was made public. The Globe also revealed details of a Canadian special forces sniper’s killing of an Islamic terrorist, an incident officially classified as secret. And CTV was provided advance details about the government’s decision to legalize recreation­al marijuana. “It’s all part of the Ottawa political game,” said retired naval Capt. Kevin Carle, who held senior positions in the media relations branch at Department of National Defence headquarte­rs. "Informatio­n is leaked by the government of the day in a controlled method to journalist­s. No investigat­ions are launched because it’s all sanctioned by the government.”

In the weeks before the raid on Norman’s home, reports indicated constructi­on on the two Joint Support Ships being built at Seaspan in Vancouver had fallen behind schedule, and not for the first time. The cost of the project had grown, and though a DND performanc­e report suggested the ships would be built by early 2021, some doubt that will be the case.

The Asterix, the vessel for which Norman fought, was launched in October and will be the Royal Canadian Navy’s main lifeline for warships at sea for the foreseeabl­e future. There is widespread acknowledg­ment in the navy — privately, at least — that without Norman’s advocacy for Project Resolve the navy would for years have continued to have no supply capability of its own.

In December, approachin­g the one-year anniversar­y of the removal of his number two, Postmedia returned to Vance with questions about the state of the Norman matter.

How long would Norman continue to be suspended from duty? “As a matter of policy, removals from command should be temporary, except in the most exceptiona­l of circumstan­ces, with a decision to continue or cease that removal provided at a later date when all of the informatio­n is known and full procedural fairness can be accommodat­ed,” said Vance’s spokesman, Lt.- Col. Jason Proulx.

Did Norman receive a hearing before being removed from command? The spokesman declined to comment, out of deference to what he called an ongoing investigat­ion.

In some Ottawa military circles there is a belief that the government intends to make an example of Norman — that with his legal bills mounting as his state of limbo stretches on indefinite­ly, his family will at some point be under enough financial stress that the vice- admiral will be forced to resign.

Norman, however, has told friends he isn’t going anywhere.

In May, just before Canadian Forces personnel were to strip his office of his mementos and awards and send them to his home, Norman phoned defence headquarte­rs and informed officials there to carefully record the process. “I want you to photograph exactly where each of those items are in the office,” Norman told officers. “Because I’m coming back — and they are going back up on the wall where they belong.”

THIS IS NOT AN ISSUE OF NATIONAL SECURITY

 ??  ??
 ??  ?? From top: Chief of Defence Staff General Jonathan Vance, Treasury Board president Scott Brison and Project Resolve CEO Spencer Fraser.
From top: Chief of Defence Staff General Jonathan Vance, Treasury Board president Scott Brison and Project Resolve CEO Spencer Fraser.
 ??  ??
 ??  ??
 ?? THE MV ASTERIX / ROYAL CANADIAN NAVY / THE CANADIAN PRESS ??
THE MV ASTERIX / ROYAL CANADIAN NAVY / THE CANADIAN PRESS
 ??  ??
 ?? JOHN MAJOR / POSTMEDIA NEWS FILES ?? Former Gov. Gen. David Johnston shakes hands after bestowing the honour of Commander of the Order of Military Merit to Norman in 2013.
JOHN MAJOR / POSTMEDIA NEWS FILES Former Gov. Gen. David Johnston shakes hands after bestowing the honour of Commander of the Order of Military Merit to Norman in 2013.
 ?? MIKE FAILLE / NATIONAL POST ??
MIKE FAILLE / NATIONAL POST
 ??  ??
 ?? ADRIAN WYLD / THE CANADIAN PRESS FILES ?? Vice-Admiral Mark Norman waves goodbye as he is traditiona­lly rowed away after stepping down as the head of the Royal Canadian Navy in June 2016.
ADRIAN WYLD / THE CANADIAN PRESS FILES Vice-Admiral Mark Norman waves goodbye as he is traditiona­lly rowed away after stepping down as the head of the Royal Canadian Navy in June 2016.

Newspapers in English

Newspapers from Canada