Journalists spied: police officers have lacked knowledge and precautions, the report concludes Chamberland

Photo Chantal Poirier

Hugo Duchaine

Thursday, December 14, 2017 11:00

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Thursday, December 14, 2017 11:00

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The police officers who spied on journalists have demonstrated a “lack of sensitivity, knowledge and precautions,” concludes the report of the Commission Chamberland filed today.

Responsible in the past year to investigate revelations that more than a dozen journalists had been controlled by the Sûreté du Québec, the police of Montreal and Laval, the Commission remains, however, tend to respect police officers and judges who have allowed the mandates of monitoring.

“The investigations were carried out in compliance with the legislative framework in force. According to the evidence, the choice of means of investigation, defended himself,” one can read in the report.

“Some have spoken of obvious errors or glaring, gaps, omissions and deficiencies in the complaints and affidavits that accompany them. It is a conclusion without nuance that the Commission does not share,” writes the Commission.

It is thus referring to the gossip not based in sexual relationship used in these statements, as well as omissions, and inaccurate information.

Problems

The Commission, however, raises some problems, such as obtaining repetitive data-location of transmission towers, cell to track the phone calls of journalists, the examination of the registers telephone to journalists ahead of those of the police officers targeted by the investigation and the lack of supervision of the investigators.

The report also highlights that more than 18 000 applications for judicial authorizations have been accepted by the judges in Quebec in 2016 only. However, it is impossible to know how many requests have been refused, because only those who are accepted get a file number.

Moreover, it is in Quebec that the powers of justices of the peace magistrates are the most extensive and that they are the only ones in the country to be able to issue a warrant authorizing an investigative technique.

If it is not critical in any way, the work of the judges, the Commission proposes the creation of a registry to better track these requests.

Recommendations

The Commission Chamberland offers two recommendations “headlights” to the government, on the protection of journalistic sources and the other on the relationship between elected officials and the police.

It suggests a Law on the protection of the material and journalistic sources, which would provide immunity to journalists, except when it constitutes an injustice. “The journalist has the right to silence”, is to say this law.

Thereafter, the Commission will advance the adoption of laws to ensure the independence of the police in relation to the elect and to govern direct communications between a police force and elected officials.

The Commission had heard, last spring, how the ex-mayor of Montreal, Denis Coderre, had taken the phone to “fart his mark’ directly into the ear of the chief of POLICE to be the result of leaks in the media.

Among other recommendations, justice Chamberland and his team argue that police officers should be required to notify a journalist for a mandate of monitoring, so as to limit their use.

The Fédération professionnelle des journalists du Québec (FPJQ) is said to be “extremely satisfied” with the recommendations of the Commission.

“The judge understood why the journalists were in need of protection and why the police required a framework to prevent abuse,” said president Stéphane Giroux.