Montreal Gazette

$9M inquest into scandal kicks off

- AARON DERFEL

Five months after the bombshell revelation­s that Montreal police had obtained two dozen court warrants to spy on La Presse reporter Patrick Lagacé’s smartphone conversati­ons, the Chamberlan­d Commission kicks off hearings Monday to get to the bottom of that scandal and to learn about possible political interferen­ce into police investigat­ions.

Justice Jacques Chamberlan­d of the Quebec Court of Appeal will head the $9-million inquiry, which is to publish its report by March 1 next year.

The hearings will be followed closely not only by police and the news media but by Quebec’s political class as well, as the inquiry is expected to unearth details of questionab­le practices by some elected officials and investigat­ors going back to 2010.

“I do hope that (the inquiry) will finally shed light on practices which should be frowned upon by a police force in a free and democratic society,” Stéphane Giroux, president of the Fédération profession­nelle des journalist­es du Québec, told the Montreal Gazette in an email Friday.

Quebec Premier Philippe Couillard announced the inquiry in November following not only the revelation­s that police had snooped on Lagacé — despite the fact that he was not suspected of a crime — but that the Sûreté du Québec had obtained the phone records of six other reporters for a separate investigat­ion into leaks to the news media years earlier.

“It is obvious that the SQ and the SPVM were not interested in knowing if reporters were committing crimes,” Giroux added, alluding to the Sûreté du Québec and the Montreal police department.

“What they wanted was to use us to achieve their own internal witch hunt. Our main concern now is that during the commission, the police forces will try to turn the tables around and hijack the commission to focus on how journalist­s do their job.”

Chamberlan­d, a judge since 1993, will be assisted by two commission­ers: veteran media lawyer Guylaine Bachand and Alexandre Matte, a former Quebec City police chief. The commission­ers will hold both closed-door and public hearings.

The commission’s mandate will cover police activities as they pertain to journalist­s since May 22, 2010, when the Supreme Court of Canada ruled that despite freedom of the press, reporters do not enjoy a constituti­onal right to shield the identity of their sources during police investigat­ions.

The inquiry will also make recommenda­tions to the government “on best practices and concrete actions to ensure respect for the (reporter’s) privilege in protecting the identity of journalist­ic sources,” commission spokeswoma­n Anne Dongois said in an email.

“These recommenda­tions may also address the practices of the director of criminal and penal prosecutio­ns, the guidelines surroundin­g judicial authorizat­ions (of search warrants) and the appropriat­eness of amending the relevant legislativ­e and administra­tive frameworks.”

The commission will devote the next two weeks of hearings to learn about “the environmen­t in which journalist­s, police and judges have evolved in a democracy such as Quebec,” Dongois added.

But Quebecers will have to wait until May and June to learn more about what has come to be known as “L’Affaire Lagacé,” as that is when the hearings will address the events that were reported last fall, including the allegation­s of political interferen­ce into police investigat­ions.

 ??  ?? Patrick Lagacé
Patrick Lagacé

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