The fight for disclosure of documents the government claimed were confidential appears to have ultimately turned the tables in favour of Norman
OTTAWA — The criminal case against Vice-Admiral Mark Norman was defined from the start by a colossal battle for access to tens of thousands of government documents.
The first signs of trouble for the government came in the summer of 2018, when Norman’s lawyers Marie Henein and Christine Mainville started pressing for a waiver of cabinet privilege over all documents relevant to the case. The government had the right, if it chose to use it, to assert privilege over all of those documents — which would have kept them secret from Norman’s team.
It turned out to be a major victory for the defence, as in the following months the judge repeatedly took their side over what documents should be disclosed. Though a written decision has still not been released, the judge commented earlier this year that the defence was getting much of what it asked for.
Brison has steadfastly denied he ever did anything improper in the Norman case, and he independently lawyered up to prepare to defend himself as the case proceeded. But the defence’s subpoenas successfully got Brison’s name into the headlines, and began stirring up political trouble for the Liberal government.
Most spectacularly, Norman’s lawyers brought a witness to the stand in December who testified that “codenames” were sometimes used for Norman internally in the Department of National Defence, meaning computer searches for Norman’s name might not turn up all the relevant documents. In April, Norman’s lawyers challenged redactions on a series of memos involving staff in the Prime Minister’s Office, arguing they likely weren’t covered by solicitor-client privilege, as claimed.
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