National Post (National Edition)

Lawyers offer glimpse of vice-admiral’s defence

No evidence linking him to leaks, filing says

- Brian platt National Post With files from David Pugliese, Ottawa Citizen

OTTAWA • Lawyers for ViceAdmira­l Mark Norman have for the first time outlined the arguments they will use in his defence as they seek access to a massive trove of classified government documents ahead of his criminal trial on a charge of breach of trust.

The applicatio­n for thirdparty records, filed Friday afternoon at the Ottawa courthouse, argues that far from interferin­g in a shipbuildi­ng contract for personal gain or preference, as the Crown has alleged, Norman was working to ensure that the orders of elected officials were being followed in the face of resistance from “several senior civil servants.” It also argues there is no evidence Norman ever leaked cabinet documents, and alleges the leak came instead from a government employee. And it points out that leaks are endemic in Ottawa, only occasional­ly investigat­ed and almost never prosecuted.

“Norman appears to be the first person in Canadian history to be criminally prosecuted for a purported violation of Cabinet confidence­s,” the court document says. “This, in circumstan­ces where he was not generally a participan­t in any Cabinet meetings and did not leak any Cabinet documents.”

The applicatio­n also names for the first time a government employee whom Norman’s lawyers allege to be the true source of leaked cabinet documents. That employee, Matthew Matchett, has not been charged with any offence and the allegation has not been proven in court. The National Post was unable to reach Matchett for comment before deadline.

Norman, who as vicechief of the defence staff was second-in-command of the Canadian Forces, was suspended from his position by Chief of the Defence Staff Gen. Jonathan Vance in January 2017, nearly two months after then-CBC journalist James Cudmore reported that the new federal Liberal government planned to delay a contract awarded to Davie Shipbuildi­ng to provide the navy with a supply ship. In the face of the resulting publicity the government backed down on the delay, but asked the RCMP to investigat­e the leak. Norman was suspended after the RCMP raided his house, believing he leaked secret informatio­n about cabinet discussion­s on the Davie contract. He was ultimately charged with one count of breach of trust in March of this year.

But the court document alleges it was Matchett, then a civil servant with the Atlantic Canada Opportunit­ies Agency, who first disclosed the cabinet documents to a lobbyist. The lobbyist then passed them on to Davie.

The applicatio­n argues that both Davie Shipbuildi­ng and Cudmore had thus “already obtained informatio­n regarding the Cabinet meeting from other sources” before they communicat­ed with Norman about the delay.

It also claims that an internal investigat­ion by the Privy Council Office found that at least 42 people knew about the planned cabinet committee discussion on the ship contract beforehand, and at least 73 people knew the result afterward.

“The PCO investigat­ion found that there were six separate leaks related to the Ad Hoc Committee alone, including to two separate CBC reporters, Radio-Canada, and the lobbying firm Fleishman&Hillard,” the document says. “The sources of most of the leaks identified in the PCO investigat­ion remain unknown.”

Only Norman has been charged over the leaks. The document says Matchett’s current status within the government is “unknown.” Cudmore, meanwhile, was hired by Defence Minister Harjit Sajjan’s office as a policy adviser in January 2016, though was later moved to the office of the minister of democratic institutio­ns.

The applicatio­n filed by Norman’s lawyers makes 52 requests for government disclosure. It argues that the documents disclosed so far have been “selective evidence cherry-picked by the prosecutio­n,” and says it needs “the full narrative of government activity as it pertained to the (ship contract).”

Among the records requested are minutes of cabinet meetings; records of communicat­ion to and from the Prime Minister’s Office; records of any government investigat­ions related to other leaks that have recently appeared in the media; and wide-ranging records of communicat­ion between government ministers and shipbuildi­ng firms, including Davie’s east-coast rival, Irving Shipbuildi­ng.

The records cover time periods of both Prime Minster Stephen Harper’s government and Prime Minister Justin Trudeau’s government.

The next scheduled court date for Norman’s case is Nov. 2. The hearing over the third-party records applicatio­n is scheduled to start in mid-December.

 ?? ADRIAN WYLD / THE CANADIAN PRESS FILES ?? Vice-Admiral Mark Norman leaves court with his lawyer Marie Henein in September. Norman, who was second-in-command of the Canadian Forces, is facing trial for criminal breach of trust.
ADRIAN WYLD / THE CANADIAN PRESS FILES Vice-Admiral Mark Norman leaves court with his lawyer Marie Henein in September. Norman, who was second-in-command of the Canadian Forces, is facing trial for criminal breach of trust.

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