Top general’s communications with PM sought

Documents in spotlight as Norman case proceeds

The actions of Canada’s top soldier could soon be under a microscope as the case of Vice-Admiral Mark Norman proceeds toward trial. Among the documents Norman’s lawyers are seeking from the federal government so they can prepare Norman’s defence, are records of exactly what Gen. Jon Vance told Prime Minister Justin Trudeau about Norman’s alleged involvement in a leak of classified information.

Conservative MPs have accused Trudeau of meddling in Norman’s case after the prime minister predicted publicly on two separate occasions that Norman, the former second-in-command of the Canadian Forces, would face trial for his alleged role in disclosing Liberal government plans to pause a project to acquire a naval supply ship from Quebec-based Davie Shipbuilding.

Though Norman was eventually charged with one count of breach of trust, Trudeau’s statements came well before the RCMP laid the charge.

The prime minister suggested Vance was his source of information about Norman’s legal fate.

The allegations against Norman have not been proven, and he maintains his innocence. In documents filed Friday in an Ottawa court, his lawyer Marie Henein applied to obtain all communications between Vance and the Prime Minister’s Office as well as between the general and Defence Minister Harjit Sajjan and other senior officials.

Henein is also requesting all briefings that anyone within the Department of National Defence provided on the matter to the Prime Minister’s Office and Privy Council Office.

“Based on the PM’s public statements, including his comment that he supports CDS Vance’s decision to suspend VAdm Norman, it can be inferred that the PM has been briefed on this investigation and prosecution,” Henein’s application said.

Details about the Liberal decision to put the supply ship project on hold leaked to the media after a November 2015 cabinet committee meeting. The resulting embarrassment forced the newly elected government to back down on its plans, but the RCMP launched an investigation after the government alleged the leak revealed cabinet confidences, confidential information it is illegal to release.

Vance suspended Norman in January 2017 after the RCMP briefed the general about the allegations against him. The RCMP did not charge Norman until March 2018.

Asked for comment Tuesday about Henein’s court filing, Department of National Defence spokesman Dan Le Bouthillier said that “as this matter is still before the courts, it would be inappropriate to provide comment at this time.”

Vance previously declined Postmedia’s request for information about which officials in the Prime Minister’s Office he briefed on the Norman case.

Henein is also seeking details about Vance’s policy of having senior military commanders develop behind-the-scenes relationships with select journalists in an effort to produce media reports favourable to the military. Such information could play into Norman’s defence as Henein pointed out in her filing that “The Crown alleges that ‘using’ the media to convey government information on an ‘off-therecord’ basis is improper.”

Henein contends that Norman, like his fellow senior officers, had Vance’s approval to discuss issues during off-the-record sessions with journalists.