Secret trial: the Court of Appeal summoned to act


A trial so secret that the public doesn’t even know the name of the judge, prosecutors, or even where it took place should never happen, media lawyers argue, asking appeals court to release details of a case that was held out of sight.

• Read also: “Ghost” trial: Minister Jolin-Barrette asks to make the information public

“A secret trial is an aberration, there was exaggeration. We do not know the identity of the judge, the prosecutors … This is not likely to promote public confidence in the justice system, ”launched Me Christian Leblanc, this Monday before the highest court in Quebec.

In front of him were three judges of the Court of Appeal who had revealed last March the existence of a “shadow trial” in a heavily redacted decision. We learned that a police informer had been accused of a crime, that he had been found guilty, but that he was on appeal. He finally ordered a stay of proceedings.

No trace

However, apart from these snippets of information, the public knows nothing else, despite the fundamental principle of the publicity of the proceedings. The purpose of this “complete and total closed session” was to protect the identity of the police informant.

“In sum, no trace of this trial exists, except in the memory of the individuals involved”, can we read in the court document.

Following this decision, voices were raised to denounce this affair which was held in the greatest secrecy.

“In 25 years, I have never seen that, a trial which would be the subject of an absolute closed session should never exist, we want to have access to the file”, pleaded Me Leblanc, affirming that there was less extreme means of protecting the identity of a police informer.

Public trust

For his part, the Attorney General of Quebec also asked that the details of this case be revealed. A lawyer representing the State even said he was surprised to have never been made aware of a request for a stay of proceedings in this case, as is customary.

“Creating a file, holding a trial and keeping a file is not an option, you have to keep a record,” pleaded the lawyer, recalling the importance of “promoting public confidence in the system.

The Chief Justice of the Court of Quebec, for her part, sent a lawyer to request access to information concerning this secret trial.

After hearing all these arguments, the Court of Appeal then held a hearing for closed arguments, which involved a lawyer representing the police informant, as well as the lawyer for the Chief Justice of the Court of Quebec. .

Immediately afterwards, the Court of Appeal announced that it had taken its decision under advisement.

” [L’audience de ce lundi] will fuel our reflections, ”assured Judge Marie-France Bich before ending the hearing.




Reference-www.journaldemontreal.com

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