Re: Vice-Admiral Mark Norman Trial

by Enforcer Tue 16 Apr 2019, 9:30 pm

Mark Norman's lawyers target government over solicitor-client privilege claims

Vice-Admiral Mark Norman Trial - Page 8 Image

Lee Berthiaume, The Canadian Press
Published Tuesday, April 16, 2019

OTTAWA -- Vice-Admiral Mark Norman's legal team accused the federal government on Tuesday of hiding behind solicitor-client privilege to prevent the release of documents they believe will prove the case against their client has been tainted by political interference.

Norman's lawyers took aim at the government's decision to label dozens of documents, including several memos to Prime Minister Justin Trudeau from the country's top bureaucrat, Michael Wernick, as solicitor-client privilege.

They also want a chart purportedly showing how government officials determined Norman passed cabinet secrets to a Quebec shipyard and a CBC journalist in 2014-15 and not what his lawyers describe as "simply information of a confidential nature."

In a document submitted to the court on Tuesday, Norman's lawyers said the chart represented "the linchpin to the Crown's case and undermining it is central" to their ability prove the suspended military officer's innocence.

The government wants to keep the memos, chart and numerous other documents secret, with lawyers from the Department of Justice arguing during a pre-trial hearing that they represent legal advice and should thus be protected.

Norman's lawyers accused the government of applying the label too broadly, pointing out neither Trudeau nor Privy Council clerk Michael Wernick are lawyers, and asked the court to determine whether the documents were truly privileged.

Even if the documents were properly labelled, Norman's legal team added, the court can -- and should -- lift the privilege if their client's innocence is at stake.

The back and forth represented the latest twist in Norman's high-profile legal drama, which has dragged on for more than two years and is currently scheduled to culminate in a full trial starting in August and running through the election.

Justice Heather Perkins-McVey is responsible for determining whether the privilege has been properly applied and, if so, whether the documents should nonetheless be disclosed to ensure Norman gets a fair trial.

Norman served as the military's second-in-command before being suspended and charged with breach of trust for allegedly leaking government secrets to influence cabinet's decision-making on a $700-million shipbuilding contract.

He has denied any wrongdoing. His legal team has alleged that the case against him is politically motivated and is trying to get access to the requested documents to officially make that case in an effort to get the charge tossed out.

Norman's lawyers scored a partial victory on Tuesday when Justice Department lawyer Robert MacKinnon revealed that the government had accidentally disclosed some records labelled legal advice but would not fight to keep them secret.

They also grilled Patrick Hill, director of operations at the Privy Council Office, the department that supports the prime minister, on why solicitor-client privilege had been claimed for a variety of documents related to Norman's case.

Asked about one of the memos sent to Trudeau from Wernick, Hill testified the document was in fact authored by lawyers within the Privy Council Office and sent to the prime minister through the clerk -- as is common practice.

"All memos to the prime minister are under the pen of the clerk," Hill told the court in response to a question from Norman's lead lawyer, Marie Henein. "That includes legal advice."

The two also sparred over what constituted solicitor-client privilege, particularly as Henein questioned Hill about an August 2017 email chain from PCO lawyers updating the department's communications section about the case.

"Is it the provision of legal advice or is it an update as to what's happening to the communications department?" Henein said of the emails. "Just because a lawyer says it doesn't make it privileged, doesn't make it solicitor-client communication, even if it is a client."

"This is not legal advice," Hill said, before adding: "My understanding is that it is still subject to solicitor-client privilege by virtue of the relationship between the client and the counsel."

At one point, Henein asked whether former attorney general Jody Wilson-Raybould would have been copied on any of the memos or legal advice provided to the prime minister about Norman's case.

Hill, who will return to the witness box on Wednesday, said he was unaware of Wilson-Raybould being copied on any of the documents.

https://www.ctvnews.ca/politics/mark-norman-s-lawyers-target-government-over-solicitor-client-privilege-claims-1.4382484

by **Colter** Wed 17 Apr 2019, 3:10 pm

Feds back up a step in fight to keep some information from Mark Norman's lawyers

Some of the documents had been delivered accidentally to the defence already

Murray Brewster · CBC News · Posted: Apr 16, 2019

Vice-Admiral Mark Norman Trial - Page 8 Crime-norman-charged-20180410

Federal lawyers have signalled a partial surrender in their fight with Vice-Admiral Mark Norman's lawyers to keep the contents of some federal documents and memos secret during his trial.

Marie Henein, who represents the former vice-chief of the defence staff, told court at the opening of a two-day pretrial hearing on Tuesday that she's been informed the federal government will no longer contest the release of information in some of the documents.

Robert MacKinnon, a Department of Justice lawyer, acknowledged the department is giving up on a handful of documents because some of the records — which the government claimed were protected — already had been disclosed unwittingly to the defence.

Norman is accused of leaking cabinet secrets and is charged with a single count of breach of trust related to a $668-million shipbuilding deal.

His lawyers have for months been fighting for access to federal documents. Hundreds of those documents have been released, but many key records were redacted.

The federal government has claimed the documents are blacked out to protect solicitor-client privilege and because they contain cabinet secrets.

The defence team is challenging those claims as it argues that Norman's prosecution is politically motivated.

The current court battle focuses on up to 36 memos, analysis reports and emails involving the Privy Council Office and the Prime Minister's Office.

Federal lawyers gave up on censoring seven documents linked to the case on Tuesday because they had been inadvertently seen by the defence when other documents in the case were disclosed.

The government is still fighting to keep secret certain information in 29 other documents.

Trudeau memo almost completely redacted
One of the records the defence has been demanding to see is a 60-page memo about the Norman case written by the country's top federal bureaucrat to Prime Minister Justin Trudeau.

It has been disclosed to the court with its contents almost completely blacked out.

There are other documents related to the case that the federal government is attempting to censor — including an analysis of the cabinet secrets Norman is alleged to have leaked. The analysis was prepared by the Privy Council at the request of the RCMP; the former navy commander's lawyers argue its contents are material to his defence.

The Department of Justice also has claimed solicitor-client privilege over a host of other records, including emails traded between communications staffers in the Prime Minister's Office, Treasury Board and the Privy Council. The subject headings on a few of the emails indicate they involve "lines" — a reference to the responses provided to media questions regarding the case. It's not clear how those lines would fall under solicitor-client privilege.

A question of privilege
In their formal court application for full access to the documents, Norman's lawyers say the Crown cannot simply make a "bald assertion" that the documents are privileged.

"The party must provide a factual basis for the assertion, and explain why the privilege applies to each document in the particular circumstance," said the application, dated April 8.

The application said "solicitor-client privilege" is defined in law as communication between a lawyer and a client for the purpose of giving legal advice. And not everything a lawyer discusses is confidential.

Norman's defence team pointed to communications between the Privy Council's top lawyer, Paul Shuttle, and Hélène Dorion, an associate director general and legal counsel in the same institution.

Henein said Shuttle and Dorion have had other duties, including updating the prime minister's office on developments in the prosecution of Norman.

"Where communications do not relate to legal advice in the context of the solicitor-client relationship, they should not be protected as privilege," said the application.

Federal lawyers argued in their written submission that there was nothing relevant to Norman's defence behind the black ink.

"Moreover, if the court examines the documents, it will be evident they are not likely to raise a reasonable doubt or establish an abuse of process," says the submission.

A senior Privy Council official, Patrick Hill, signed an affidavit swearing that all of the claims of solicitor-client privilege for the redactions were legitimate. He took the stand Tuesday afternoon.

With the uncensored versions of documents on his lap, Henein took him, point by point, through each claim. Hill outlined the reasons each record was redacted without revealing its specific contents.

Norman is not slated to go to trial until the summer.

https://www.cbc.ca/news/politics/mark-norman-marie-henein-shipbuilding-1.5100293

by Jeremiah Fri 03 May 2019, 7:09 pm

Liberal MP Andrew Leslie set to testify against feds at Mark Norman trial: sources

CTV's Question Period Host Evan Solomon, with files from CTVNews.ca's Rachel Aiello
Published Friday, May 3, 2019

https://www.ctvnews.ca/politics/liberal-mp-andrew-leslie-set-to-testify-against-feds-at-mark-norman-trial-sources-1.4406831

by Marshall Sat 04 May 2019, 8:26 pm

Liberals jumping ship as S.S. Trudeau cruises towards proverbial iceberg

Published:
May 4, 2019

Vice-Admiral Mark Norman Trial - Page 8 Andrew-leslie

https://torontosun.com/opinion/columnists/kinsella-liberals-jumping-ship-as-s-s-trudeau-cruises-towards-proverbial-iceberg

by **Powergunner** Sun 05 May 2019, 8:43 pm

Andrew Leslie says lawyers instructed him not to comment on Mark Norman case

The Canadian Press
Published Sunday, May 5, 2019

https://www.ctvnews.ca/politics/andrew-leslie-says-lawyers-instructed-him-not-to-comment-on-mark-norman-case-1.4409000

by **Powergunner** Sun 05 May 2019, 8:53 pm

Leslie set to testify in Normal

by **Falcon** Mon 06 May 2019, 4:37 pm

Andrew Leslie's testimony could be 'bad news' for Trudeau

CTV News
Published on May 6, 2019

by **Falcon** Mon 06 May 2019, 4:50 pm

Question Period: Mark Norman trial, fossil fuel subsidies — May 6, 2019

CBC News
May 6, 2019

by Marshall Mon 06 May 2019, 8:54 pm

Tories pounce on Liberal MP's intent to testify at Norman trial

Published Monday, May 6, 2019

https://www.ctvnews.ca/politics/tories-pounce-on-liberal-mp-s-intent-to-testify-at-norman-trial-1.4410534

by **Spider** Wed 08 May 2019, 7:29 am

Breach of trust charge against Norman to be withdrawn by prosecution

CTVNews.ca Staff
Published Tuesday, May 7, 2019 10:03PM EDT
Last Updated Tuesday, May 7, 2019 10:48PM EDT

CTV News has confirmed that the public prosecutor intends to drop the charge of breach of trust against Vice-Admiral Mark Norman.

Norman is scheduled to appear in court on Wednesday in Ottawa, where prosecutors are expected to outline their reasoning behind the dropped charge.

The trial was supposed to start in August, close to the start of the federal election campaign.

Norman served as the second-in-command of the military until he was charged in March 2018 with breach of trust for allegedly leaking cabinet secrets in favour of Quebec-based Davie Shipbuilding in relation to a $700-million shipbuilding contract.

The contract, signed by the Trudeau government in 2015, involved leasing a converted civilian ship to the military as a temporary support vessel.

Norman has denied any wrongdoing and his legal team have argued that the charges he is facing are politically motivated. His lawyers had been trying to access documents to make that case, with the goal of having the case tossed out before heading to trial.

Last week, CTV News reported that outgoing Liberal MP Andrew Leslie was on the witness list to testify, if called, against the government. Leslie, a former lieutenant-general in the military, knows Norman both personally and professionally, but has been instructed not to comment publicly on the matter.

According to court documents, investigators with the RCMP believed two individuals worked independently of each other to leak the documents in November 2015.

Matthew Matchett, a suspended official with Public Service and Procurement Canada, has also been accused of leaking the documents. In March, Matchett’s lawyers told the court he intends to plead not guilty to his own breach of trust charge.

https://www.ctvnews.ca/politics/public-prosecutor-to-drop-breach-of-trust-charge-against-mark-norman-1.4412951

by JAFO Wed 08 May 2019, 12:03 pm

I really hope he sues the government not just for his $500K lawyer bill but also for slander!

And I don't buy for a second that the 2 other individuals in the PSP are guilty either.

The guilty person IMO quit back in january....Scott Brison!

by **Newf** Wed 08 May 2019, 12:10 pm

I have no doubt Scott Brison had some involvement in this mess which is likely the reason he left Government.

With all the hype surrounding the testimony of Andrew Leslie, I am certain he had REVEALING information to provide on this case.

Hopefully, we will find out some of the information surrounding the Crown's decision in the coming weeks or months.

Newf

by JAFO Wed 08 May 2019, 12:20 pm

I too would like to get more info Newf but I'll guarantee the Libs will pull the "national security" card and lock it down.

Not to mention the Libs are great at shooting their other foot when trying to cover up the fact that they shot themselves in the foot at the beginning of this FUBAR.

Wouldn't it be interesting to be a fly on the wall )or telephone) when Norman and Vance meet again? After all aren't a few knives in Normans back belong to Vance.

by **Navigator** Wed 08 May 2019, 1:11 pm

Mark Norman - Charges Dropped?

CanadaPoli
Published on May 8, 2019

by **Navigator** Wed 08 May 2019, 1:13 pm

Canadian Vice Admiral Mark Norman arrives in court as charges withdrawn

Global News
Published on May 8, 2019

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