Media’s Lawyer Demands Greater Transparency in RCMP Harassment Case

This article was last updated on April 16, 2022

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A lawyer representing almost all major media organizations, including the Maclean’s, CBC, Postmedia and the Toronto Star, argued in Ontario Superior Court on Friday that extreme secrecy surrounding evidence in an RCMP harassment case that potentially contains information about the prime minister’s family must oblige the Canada’s open-court principle.  While acknowledging that a sealing order issued last December was intended to protect the identity of a confidential informant, Lawyer Brian MacLeod Rogers explained that “I’m urging the court to find a way to make the information available to the greatest extent possible.”

Addressing reporters outside the courtroom in Newmarket, Ont., Rogers alleged that “we recognize that. We don’t want to expose a confidential informant” adding that “but we want to know everything else that doesn’t disclose that person’s identity.” The argument revolves around the case of an RCMP officer, Sgt. Peter Merrifield, suing the force alleging workplace harassment, abuse of authority and cover-ups by his superiors. Merrifield’s civil trial caught attention of the media after Commissioner Bob Paulson himself was forced to testify. Additionally, the case is now in the limelight this week since the federal government is taking extreme measures to keep some of the evidence under wraps.

Lawyers for the Attorney General served notice on Wednesday to invoke Sec. 37 of the Canada Evidence Act, i.e. a measure Ottawa has used in terrorism cases to prevent the disclosure of information that could compromise public safety or security. Its relevance to the contested evidence in this case is unclear.

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