REPUBLICAN STYLE DIRTY TRICKS COME TO CANADA
Head of group representing churches in COVID-19 challenge takes leave after having Manitoba judge followed
Justice Centre for Constitutional Freedoms president paid for surveillance of Chief Justice Glenn Joyal
The president of a group representing multiple churches across the country fighting COVID-19 public health orders in court is taking indefinite leave after admitting he hired private investigators to follow both a judge presiding over the case in Manitoba and some senior government officials.
The board of the Alberta-based Justice Centre for Constitutional Freedoms (JCCF) said Tuesday morning that the group's founder and president, Calgary-based lawyer John Carpay, was taking an indefinite leave, effective immediately.
"Surveilling public officials is not what we do. We condemn what was done without reservation," the board said in a release, apologizing to Chief Justice Glenn Joyal of the Manitoba Court of Queen's Bench "for the alarm, disturbance, and violation of privacy.
"All such activity has ceased and will not reoccur in future."
Joyal said on Monday morning he'd been tailed by a private investigator in an attempt to catch him breaking COVID-19 rules in order to embarrass him while he presides over a court challenge related to the province's lockdown measures.
Joyal revealed the information during a hearing for the case, which was brought forward by seven rural Manitoba churches represented by the JCCF.
Carpay later said it was his organization that had retained the private investigator to follow Joyal as part of its efforts to hold government officials accountable, although he said it was not an attempt to influence the decision in the case.
He also said the organization had hired private investigators to follow a number of other public officials in order to catch them breaking public health regulations.
Carpay apologized Monday for the error in judgment.
Jay Cameron, another lawyer representing the JCCF in the court challenge, became aware of the surveillance a few weeks ago and also apologized to Joyal on Monday.
During the virtual hearing, Joyal said he realized he was being followed by a vehicle on Thursday when leaving the Manitoba Courts building in downtown Winnipeg and driving around the city.
He said the private investigator even followed him to his private residence and had a young boy ring his doorbell while he wasn't home in an attempt to confirm where he lives. The private investigator also followed him to his cottage, Joyal said.
Joyal said it would not influence his decision in the case, but said it would be "unthinkable" to not share it with the court because of its potential implications in the administration of justice.
He said the surveillance of his home and intrusion of his privacy raise serious concerns about the privacy and safety of judges generally. This type of activity could also be seen as obstruction of justice, either direct or indirect, he said.
"I am deeply concerned that this type of private investigative surveillance conduct could or would be used in any case involving any presiding judge in a high-profile adjudication," he said.
At the beginning of the hearing, Joyal said he did not know who hired the private investigation agency and that it refused to reveal that information. He also said Winnipeg police were investigating.
The JCCF board also said Tuesday that an interim president would be appointed, and that there would be a review of operations and decision-making at the organization.
'This is just not done'
Ottawa human rights lawyer Richard Warman has filed a complaint with the law societies of Manitoba and Alberta about the incident.
"It's probably the most egregious case of professional misconduct that I've heard of in quite some time," he said.
"Any lawyer found to have been involved in this should face the most severe sanctions possible, up to and including disbarment. This is just not done."
Toronto-based charity lawyer Mark Blumberg says Carpay's actions could have negative consequences for the JCCF's status as a registered charity.
"A very basic concept is that a Canadian registered charity in Canada operating here is not allowed to break the law," he said.
"You get a lot of benefits to be a charity and with that comes certain obligations. It's sort of like a deal between society and government that you will be able to be a charity but you will also have to comply with a number of different requirements."
Blumberg says it's vital for the charity sector to have public trust, and incidents like this can undermine that.
He added that the fact Carpay acted on his own suggests the organization needs to take a close look at its oversight procedures.
With files from Sarah Petz and The Canadian Press
Human rights lawyer files complaints after P.I. hired to tail Manitoba chief justice
Jeff KeelePolitical Reporter
WINNIPEG -- Complaints have been filed and probes are underway after a private investigator was hired to tail a Manitoba judge.
On Monday, Court of Queen’s Bench Chief Justice Glenn Joyal revealed he’d been followed from the law courts to his home by a private investigator trying to catch him breaking public health orders.
The firm doing the surveillance was hired by the Alberta-based Justice Centre for Constitutional Freedoms – the group representing seven Manitoba churches who are challenging the province’s public health orders.
Joyal is presiding over the case.
Ottawa-based human rights lawyer Richard Warman has filed complaints with the Manitoba and Alberta law societies, calling on them to investigate three lawyers involved in the case.
“It brings into question the personal safety of a member of the judiciary,” Warman told CTV News.
He said if the allegations are proven, the lawyers should be disbarred.
“I can’t imagine council engaging in this kind of professional misconduct, where you think it’s appropriate in any universe to hire a private investigator to follow a judge home,” said Warman. "It's unconscionable."
The Law Society of Manitoba wouldn't comment on the complaints, but did say it is looking into the matter.
“The Law Society would be very concerned if a lawyer were found to have attempted to improperly influence the cause of justice by hiring a private investigator to follow the Judge who is presiding over the matter.”
On Monday, Justice Centre for Constitutional Freedoms President John Carpay told Joyal he alone hired the investigator and apologized.
On Tuesday the centre announced Carpay is taking an indefinite leave from his position.
“Surveilling public officials is not what we do. We condemn what was done without reservation. We apologize to Chief Justice Joyal for the alarm, disturbance, and violation of privacy. All such activity has ceased and will not reoccur in future.”
In light of the surveillance, Manitoba Justice Minister Cameron Friesen suggests security may be beefed up to protect key government officials.
“We want everyone to feel safe in the performance of their duties – elected officials, chief judges, chief justices,” said Friesen.
The Winnipeg Police Service said Monday it is also investigating the situation.
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