Montreal Gazette

Who said what

Corruption schemes don’t usually leave paper trail, only proof is testimony from those who were there

- MONIQUE MUISE THE GAZETTE mmuise@montrealga­zette.com Twitter: @monique_muise

The Charbonnea­u Commission is tasked with identifyin­g and exposing corrupt schemes that, more often than not, don’t leave a paper trail. Monique Muise deconstruc­ts the first six months of testimony and highlights some of the key allegation­s that have been made in an interactiv­e graphic posted at montrealga­zette. com/testimony that allows you to see which inquiry witnesses have corroborat­ed what allegation­s. Stories,

When the former head of Quebec’s special anti-corruption unit first described a safe stuffed so full of cash that it wouldn’t close, there were more than a few skeptics in the audience at the Charbonnea­u Commission.

After all, Jacques Duchesneau had a well-known flair for the dramatic and the image was so astonishin­g that it bordered on the prepostero­us. But a few months later, when former Union Montreal staffer Martin Dumont took the stand and testified that he had not only seen the stubborn safe in the party’s offices, but had been asked to help shut it, Duchesneau’s story suddenly became a lot more plausible.

Such is the importance of corroborat­ion at the Charbonnea­u Commission, an inquiry that has been tasked with identifyin­g and exposing corrupt schemes that, more often than not, don’t leave a paper trail. There are no minutes taken at clandestin­e meetings between mobsters and constructi­on bosses, no receipts given when an engineerin­g firm hands over an illegal cash donation to a political party. In many instances, the only proof is the testimony provided by those who were there — and the more people who say the same thing, the harder it gets to refute their claims.

“The (Charbonnea­u Commission) is quite unusual because it’s been mandated to look at conduct that’s criminal in nature,” said Simon Ruel, a Montreal lawyer and author of The Law of Public Inquiries in Canada. “The mandate of the inquiry requires it to examine the existence of schemes. You can’t really establish a scheme if you just have the testimony of one witness. You need to have the testimony of many witnesses. A scheme involves many people.”

Ruel — who served as deputy chief counsel at the Bastarache Commission into the appointmen­t of judges in Quebec and senior counsel on the government litigation team at the Gomery inquiry into the federal sponsorshi­p scandal — was careful to point out that a public inquiry is not a trial. No one is being prosecuted at the Charbonnea­u Commission, and nothing needs to be proven beyond reasonable doubt. But while the rules of the game are different than in a regular courtroom (lawyers for the inquiry are permitted to ask leading questions, for example), one thing remains constant: the search for the truth.

“The role of the commission is to verify certain facts and make recommenda­tions,” Ruel explained, adding that sometimes the puzzle comes together not all at once, but gradually.

“It’s obvious, with respect to the Mafia in particular, that not many witnesses seem to be ready to admit ties to the Mafia. You need to have bits and pieces of informatio­n from various witnesses which you can combine to make a determinat­ion if the Mafia had any role.”

Since Justice France Charbonnea­u officially launched the public hearings last June, there has been plenty of corroborat­ion. Ten people have testified that a select group of constructi­on companies in Montreal formed a cartel in the 2000s, colluding among themselves to fix their bids on contracts. Nearly a dozen witnesses have claimed that employees of private companies (and their family members) handed over personal cheques to political parties and were then reimbursed by their employers through the payroll or in cash (known as the “straw man” scheme). And at least six agreed that the mob had infiltrate­d Montreal’s constructi­on industry.

Beyond the testimony of witnesses, official records, surveillan­ce tapes, invoices and even personal agendas have also been used to corroborat­e the allegation­s made before the inquiry. The claim that former public works head Robert Marcil was leaking informatio­n to Union Montreal’s Bernard Trépanier, for instance, was backed up last week by phone records showing conversati­ons between the two men often occurred on the days when Marcil attended selection committee meetings.

“If you made a phone call and there’s a record of it ... or if there’s bank records or other informatio­n on paper, it typically has a high value,” Ruel said. “Sometimes it’s just to refresh the memory, but in many cases it’s to obtain an explanatio­n (from a witness) where there are inconsiste­ncies.”

It’s possible to go overboard, of course. With the extension of its mandate until April 2015, the inquiry can afford to linger a bit, Ruel said, but there’s always the danger of bringing in too many people to say essentiall­y the same thing.

“Examining many cases is necessary for the commission to protect itself against any allegation that it’s doing the job of a criminal court,” he said. “But it’s a question of balance. If you hear the same type of testimony for days, at a certain point you have to get to other topics.”

 ?? GRAHAM HUGHES/ THE CANADIAN PRESS ?? Justice France Charbonnea­u is shown on May 22, 2012 — the opening day of the Quebec inquiry looking into allegation­s of corruption in the province’s constructi­on industry, being held in Montreal.
GRAHAM HUGHES/ THE CANADIAN PRESS Justice France Charbonnea­u is shown on May 22, 2012 — the opening day of the Quebec inquiry looking into allegation­s of corruption in the province’s constructi­on industry, being held in Montreal.
 ?? MATHIEU BELANGER/ REUTERS ?? Jacques Duchesneau, former head of Quebec’s special anti-corruption unit, seemed to be telling a fantastic tale when he described a safe so full of cash that it couldn’t be closed. And then someone else said the same thing.
MATHIEU BELANGER/ REUTERS Jacques Duchesneau, former head of Quebec’s special anti-corruption unit, seemed to be telling a fantastic tale when he described a safe so full of cash that it couldn’t be closed. And then someone else said the same thing.

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