Former Alberta justice minister Jonathan Denis found in contempt of court

A former Alberta justice minister has been discovered responsible of prison contempt for threatening to sue a plaintiff in the midst of her testimony in a civil trial.
Courtroom of Queen’s Bench Justice Doreen Sulyma mentioned Wednesday {that a} letter despatched final week on behalf of Jonathan Denis was an try to intimidate Dr. Anny Sauvageau whereas she was testifying in her lawsuit in opposition to the Alberta authorities.
Sauvageau is accusing the federal government of wrongfully terminating her contract as chief health worker in 2014.
Denis was the justice minister on the time however will not be named as a defendant within the lawsuit.
He was not in court docket Wednesday morning when Sulyma rendered her contempt discovering, however was listening in electronically.
On Monday, Denis’s lawyer insisted that the letter was not meant to affect Sauvageau’s ongoing testimony, as a result of it’s well-known by attorneys that sworn testimony is protected by absolute privilege.
Brendan Miller advised the court docket that the letter was despatched out of concern following the publication of an Edmonton Journal article that Sauvageau or her lawyer had been speaking to the media exterior court docket.
Sulyma rejected that clarification.
“That’s not what the letter mentioned,” the decide mentioned as she learn from her written choice. “If it was meant to be directed on the publication … it was not. It was directed on the lawyer for the plaintiff.”
Sulyma acknowledged the chilling impact the letter had on Sauvageau, who mentioned in an affidavit that the letter has brought on the return of her want for remedy and anti-anxiety remedy. She mentioned she’s additionally been affected by insomnia.

“I discover that the intention exhibited was to hinder her testimony and the trial course of itself,” Sulyma mentioned.
‘Threatening behaviour’
On Monday by means of his lawyer, Denis apologized for the “misunderstanding” and accepted full duty for what he referred to as the “state of affairs.”
Sulyma acknowledged the apology on Wednesday morning.
“I respect his apology, though it applies to what I discovered to be threatening behaviour, somewhat than a misunderstanding,” Sulyma mentioned.
Miller advised CBC in an emailed assertion Wednesday that Denis plans to attraction Sulyma’s choice.
“Our consumer maintains that the assertion was not directed at testimony however somewhat in direction of feedback to the media,” Miller mentioned.
The letter was despatched by an assistant to Kyle Shewchuk, one other lawyer in Denis’s Calgary-based Guardian Legislation agency. Shewchuk was admitted to the bar eight months in the past. On Monday, he stood as much as apologize.
“This has been a studying expertise for me as a brand new lawyer to the bar,” Shewchuk mentioned earlier within the week.
“I very a lot respect Mr. Shewchuk’s apology,” Sulyma famous on Wednesday.
“It’s certainly unlucky that neither Mr. Denis nor any senior counsel may have given Mr. Shewchuk help with the letter and its contents earlier than he shot off this letter on the time he did.”
Jail time not off the desk
The events are scheduled to fulfill in court docket once more subsequent Thursday to set dates to resolve punishment for the contempt and who ought to pay prices.
College of Alberta legislation professor Steven Penney advised CBC Information that no sanctions are named within the Legal Code for a prison contempt of court docket conviction.
“So because of this, there isn’t a specific listing of the kinds of punishments that may very well be obtainable, Penney mentioned. “Historically, you principally have two kinds of punishments. Imprisonment and/or the imposition of a effective.”
Penney thought it was unlikely that the previous justice minister would face jail time.

“Imprisonment as a treatment for contempt underneath circumstances like this I can solely assume could be very uncommon and happen solely in extraordinary circumstances,” Penney mentioned.
“I do not know if it could possibly fully be taken off the desk, however I might be shocked, sure.”
Penney mentioned it is doable Denis may additionally face sanctions from the Legislation Society of Alberta.
The legislation society CEO mentioned she couldn’t touch upon issues which are earlier than the court docket.
“With respect to any subsequent steps to be taken by the Legislation Society, it will be important that our processes be carried out in a good and unbiased method, irrespective of who the lawyer is, or what place they maintain or have held previously,” Elizabeth Osler wrote in an electronic mail to CBC Information.
Sauvageau returned to the witness stand after the decide handed down her contempt of court docket choice.
The civil trial is scheduled to final eight weeks.