Other leaks not comparable, Crown argues
‘Apples and oranges’ in admiral’s case
OTTAWA • A Crown prosecutor told a judge on Monday that whatever leaks of cabinet information another public servant might have orchestrated, it shouldn’t be considered in the same league as what Vice-Admiral Mark Norman is alleged to have done.
Previous court filings have disclosed evidence that some of the cabinet information at the heart of the case against Norman appears to have been leaked by Matthew Matchett, who worked at the time for the Atlantic Canada Opportunities Agency, a federal agency.
“We submit that we’re talking about apples and oranges here,” Crown prosecutor Barbara Mercier told the judge. “Mr. Matchett was an analyst at ACOA. He wasn’t a commander in the navy.”
Norman’s defence team has asked for document disclosure related to any investigation into Matchett’s activities. In court filings, they argue the information would help reveal “the standard of conduct in Ottawa, the differing treatment of leaks in Ottawa, and the motivation for charging VAdm Norman.”
But Mercier said that, even if Matchett had already leaked some of the same cabinet material that Norman is accused of leaking, it wouldn’t change the fact that its alleged release by Norman was illegal.
“In our submission, it doesn’t take us anywhere,” Mercier told Justice Heather Perkins-McVey.
Norman was the secondhighest officer in Canada’s military when he was suspended from duty in January 2017, and criminally charged with breach of trust a year later. The Crown alleges he systematically leaked cabinet information about a $700-million navy procurement project.
Court filings have shown that the RCMP investigation found evidence that Matchett had leaked cabinet documents about the same project to a lobbying firm. Matchett has not been charged, and the evidence has not been tested in court. The RCMP says the investigation into the leaks is still active, but has not said whether it is investigating Matchett specifically.
The ongoing court hearing has already heard new evidence about how Matchett’s case was treated by the government.
The Crown disclosed for the first time on Friday that Matchett was suspended without pay from his job — which is now at Public Service and Procurement Canada — only on Oct. 17, 2018. That means the suspension came just days after Norman’s defence team had filed their notice of application, which publicly named Matchett as an alleged source of leaks based on information the RCMP investigation had uncovered.
The Crown also disclosed last week that Matchett’s security clearance had been lifted June 22, 2017 — more than a year before he was suspended without pay.
National Post and the Ottawa Citizen have made numerous attempts over several months to contact Matchett by email and phone, including on Monday, but he has not responded.
The five-day hearing, scheduled to end on Tuesday, is dealing with a wide range of requests the defence has made for government disclosure. The judge will have to decide which requested documents are likely relevant for Norman to defend himself, and will then have to consider whether those documents should be redacted for issues such as cabinet secrecy and solicitorclient privilege.
The Crown wrapped up its submissions on Monday, and argued that some of the defence’s requests are overly broad or irrelevant.
“Clearly, it’s not the Crown’s desire to resist disclosure of information to Mr. Norman that he requires to defend himself of this charge,” she said. “But, your honour, we’re dealing with a veritable sea of government information.”
Mercier told the judge that even if the defence’s requests were whittled down to 10,000 documents (the justice department’s initial estimate was they covered up to 135,000 documents), it may be too much material for the judge to read.
“That’s not the issue,” Perkins-McVey immediately responded. “That’s for the court and court resources to determine.
“That’s certainly not going to play any role of any kind in my determination of what’s going to be released.”
The defence will have a chance to make more arguments to the judge on Tuesday.