Jean Charest, the former premier of Quebec, has filed a lawsuit against the Quebec government for allegedly violating his privacy during an investigation by the province’s anti-corruption police unit.
The anti-corruption unit, UPAC, has reportedly been conducting an investigation since 2014 into provincial Liberal party financing during the period in which Charest served as premier. He served as premier from 2003 through 2012.
The privacy lawsuit, which the former Quebec Premier filed earlier this month, is seeking $1 million in punitive damages and $50,000 in moral damages.
Lawsuit: UPAC Leaked Confidential Information to Media
According to the former premier of Quebec, the anti-corruption unit has leaked confidential information about him and his family to the media. These leaks constitute an obstruction of justice and violate the law, he alleges.
Charest says he initially sought an apology from the government and that he had been prepared to resolve the matter via mediation, but Quebec refused his proposals.
“It is with reluctance that I am filing a lawsuit against the government of Quebec today for violation of my privacy,” Charest said in a statement.
According to the privacy lawsuit, personal and confidential information about Charest’s personal finances, passport information and travel information was leaked to media company Quebecor Inc. in April 2017 and subsequently published by the Journal de Montreal, the Journal de Quebec, and other Quebecor media platforms.
Other media platforms then reported on the information published by the Quebecor platforms.
This confidential information had reportedly been collected by the anti-corruption police unit during its investigation into the Liberal party financing, which involved former Liberal party treasurer Marc Bibeau.
The published articles reportedly described that Charest and Bibeau, who was a fundraiser for the Quebec Liberal Party, had been under police surveillance since 2016. The reports said that UPAC investigators were looking into allegations that public contracts that the Charest government awarded to companies that made substantial donations to the Liberal party.
The articles also reported that UPAC investigators sought information from the Canada Border Services Agency about how often Charest and Bibeau crossed the country’s border, and how UPAC attempted to obtain warrants to eavesdrop on their conversations.
Charest Says Privacy Violations Were Result of “Gross Negligence”
The former premier of Quebec has maintained his innocence and has not been charged with any crimes. In his privacy lawsuit, he says he has experienced “frustration” and “embarrassment” when his personal information was shared with the public.
“This infringement of the applicant’s right to respect for his private life was unlawful and intentional on the part of the members of the Commissioner’s staff who participated in this leak by their acts or their omissions,” the privacy violation lawsuit states.
Charest reportedly points out that the UPAC investigation was named “Mâchurer,” which can be defined as to “slander someone, to blacken their reputation.”
According to the privacy violation lawsuit, Robert Lafrenière testified on May 4, 2017 before a National Assembly committee that the leaked information originated from people who worked under him. Lafrenière served as head of UPAC at the time. He reportedly told the committee that two members of his personnel would investigate the leaks.
The former premier of Quebec argues in the privacy violation lawsuit that provincial access-to-information laws specify that Quebec’s attorney general, UPAC’s commissioner and “all of their personnel” are responsible for managing confidential information gathered by UPAC.
The privacy violation lawsuit asserts that UPAC personnel, through “their acts and their omissions,” violated his privacy rights and their conduct constituted “gross negligence and failure to meet the requirements of good faith.”
Charest also asks why the probe into the leaks wasn’t conducted by Quebec’s Bureau des enquêtes indépendantes, which conducts investigations when someone is injured or killed during a police response.
On Oct. 25, 2018, it was announced that the leaks were being investigated, more than a year after Charest’s information was reportedly leaked to the media. This delay “denotes a flagrant absence of the will to correct the situation and to take the necessary measures” to protect Charest’s confidential information that had been collected by UPAC, the privacy violation lawsuit reportedly alleges.
Former Premier of Quebec Calls Investigation a “Fishing Expedition”
In January 2020, Charest participated in an interview with Radio-Canada in which he called the UPAC investigation a “fishing expedition” and claimed that he had been singled out by UPAC.
He says UPAC investigators had questioned a large number of his contacts, including former political organizers he worked with in the 1980s.
“What do you call it when, suddenly, you begin an investigation and you interrogate 300 people about someone’s life?” he asked. “Is that not called a fishing expedition?”
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