'Sources have stopped talking to us': Witnesses testify at Day 1 of police-spying commission - Action News
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Montreal

'Sources have stopped talking to us': Witnesses testify at Day 1 of police-spying commission

The provincial commission tasked with looking into how reporters became the subjects of secret surveillance by police forces in Quebec opened its hearings Monday, just five months the first allegations came to light.

Government called commission after learning police used warrants to track metadata, call logs of reporters

The commission is being led by Justice Jacques Chamberland, a judge on Quebec's Court of Appeal with 45 years of experience. (CBC)

The provincial commission tasked with looking into how journalists became the subjects of secret surveillance by police forces in Quebec began its hearings Monday, five months after the first allegations came to light.

The first witnesses before the commission, led by Quebec Court of Appeal Justice JacquesChamberland,includedleaders of several Quebec newsrooms who described the chilling effect thiscontroversyhas had on sources.

MichelCormier,ricTrottierand Brian Myles, the heads of Radio-Canada, LaPresseand LeDevoir, respectively, spoke before the commissionMonday.

"We've had sources who are now very ... nervousthattheir identity will be revealed. Other sources have stopped talking to us," said Cormier.

He said he wantsto see the commission recommendnew legislation be drafted toensure journalists' sources are properlyprotected.

Police monitored call logs, GPS

The commission was announced in November, days afterLa Presse columnist Patrick Lagac revealed Montreal police had received 24 warrants from a Quebec justice of the peace to collect metadata from his cellphone.

The data would allow police to monitor every incoming and outgoing call as well as phone numbers for incoming texts. The warrants also allowed police to access his phone's GPS.
La Presse columnist Patrick Lagac revealed in October 2016 that he was put under police surveillance. (CBC)

Montreal police defended their actions by saying they were investigating an officer who was believed to be sharing information with Lagac.

Following the revelation, other journalists including Radio-Canada journalistsMarie-Maude Denis,IsabelleRicher and Alain Graveldiscovered that they too had been the subject of warrants to track data and call logs during an investigation by Quebec provincial police.

Criminal lawyer Jean-Claude Hberttold CBC that this kind of monitoring has become all too easy.

"On the technological side, there is no problem for police to get information on anybody, and of course the information related to reporter, to journalist," he said.

CBC is a participant in the commission.

Radio-Canada journalists Marie-Maude Denis, Alain Gravel and Isabelle Richer said the Sret du Qubec tracked their portable phones in 2013. (Radio-Canada)

Setting a clear mandate

Alexandre Matte, a police technology teacher and former police officer, and Guylaine Bachand, a lawyer specialized in media law, are sittingalongside Chamberland on the commission.

The commission will cover a roughly six-year time period beginning May 7, 2010, the day the Supreme Court of Canada handed down a ruling on the protection of confidential journalistic sources.

Its mandate is threefold:

  • Investigate and make recommendations regarding the investigative practices police use that may undermine the protection of journalistic sources, including looking into allegations of political interference that may have led to the initiation of police investigations.

  • Investigate and make recommendations on how warrants that may compromise the identities of journalistic sources are obtained and executed.

  • Make recommendations to the government on best practices when it comes to protecting sources, which may focus on how the the Crown prosecutors' officer works, the guidelines surrounding how warrants are authorized and ways to revise legislative and administrative frameworks.

The commissioners have until March 1, 2018 to submit their report.

With files from Alison Northcott