Police must be more careful in future dealings with legislators, speaker says

Police officers will have to be more skilful and more careful in the future in their dealings with Quebec’s elected officials, Speaker of the National Assembly Jacques Chagnon ruled on Thursday.

Chagnon was responding to questions posed by the official opposition on Oct. 31, following the arrest of Liberal MNA Guy Ouellette by UPAC, Quebec’s permanent anti-corruption squad.

Parti Québécois house leader Pascal Bérubé wanted to know if police officers could use subterfuge to arrest sitting members of the National Assembly, stop them from exercising their duties, and seize their tools of work, all without permission from the Speaker of the house.

Ouellette was arrested Oct. 26 in relation to an investigation into the leak of sensitive UPAC documents to Québecor concerning an ongoing inquiry into former Quebec premier Jean Charest and Liberal fundraiser Marc Bibeau.

Among the documents leaked was a chart produced for the investigation, known as the Mâchurer in police circles, depicting the investigation’s workflow, internal emails and a statement given to UPAC investigators.

Opposition MNAs have speculated that Ouellette was arrested as a form of intimidation, and a way for UPAC to crack down on leaks.

In the 30-page decision, Chagnon reminded police officers of the “exceptional” status of parliamentarians, and invited them to proceed with extreme caution.

The arrest of an elected member of the legislature is not a trivial thing, Chagnon said.

The UPAQ officers demonstrated an “ignorance of our institutions, and in particular of parliament, which is at the very heart of the democratic governance of our State” when they so cavalierly arrested Ouellette, he added.

In future, Chagnon said, police must systematically inform the assembly when they are considering arresting an elected official, and it is up to the Speaker to decide whether to allow police officers to enter the legislature to exercise a search warrant.

“The Speaker will see to the protection of the rights of members of this legislature by ensuring that a representative of the Speaker accompanies police officers exercising such a warrant from beginning to end,” he said.

He said a protocol should be put in place to separate documents that are covered by parliamentary privilege from those that are not, and only the latter can be seized by police. Chagnon said he is willing to participate actively in the development of such a protocol.

UPAC has seized and has been hoping to analyze Ouellette’s computer, tablet and his mobile phone.

Chagnon blasted UPAC, saying it was a serious matter to arrest a parliamentarian, as it can harm that person’s reputation and his ability to do his job properly.

He denounced the fact UPAC still has not laid any charges against Ouellette.

He said Ouellette may well suffer “political consequences” in the 2018 elections, which would be “unfair and profoundly unjust.”

The PQ’s Bérubé said he was entirely satisfied with the Chagnon decision, while government house leader Jean-Marc Fournier seemed less enthusiastic.

In a statement issued Thursday, UPAC commissioner Robert Lafrenière said his organization respects “democracy, its representatives and institutions, including the National Assembly of Quebec.”

“Consequently, the sensitive actions of an investigation are undertaken with the highest consideration of the role of a member of the National Assembly and the privilege he or she enjoys, especially when exercising search or arrest warrants.

“Urgency to act can certainly influence certain decisions in an investigation strategy, but this urgency can never justify an action that breaks the rule of law,” he added.

Urgency to act can certainly influence certain decisions in an investigation strategy ...