A Montreal newspaper says it will fight an attempt by the Sûreté du Québec to search the computer of a reporter who wrote about a Quebec Court judge who allegedly berated courthouse constables after a Christmas party.
SQ investigators seized the computer of Journal de Montréal reporter Michael Nguyen on Wednesday.
The search warrant was obtained after a complaint was filed by the Conseil de la magistrature du Québec, which supervises the conduct of judges.
The warrant says police are trying to determine how Nguyen obtained the information he related in a June article, and whether he obtained confidential documents from a private section of the Conseil de la magistrature’s website, Journal managing editor George Kalogerakis said in an interview.
“That is completely wrong – our reporter did nothing illegal,” Kalogerakis said.
Journal de Montreal court reporter Michael Nguyen.
In the June article, Nguyen reported that one of the special constables had filed a complaint against Judge Suzanne Vadboncœur with the Conseil de la magistrature du Québec. The incident allegedly occurred in December 2015.
Returning from a Christmas party at about 10 p.m., Vadboncœur went to her car in an indoor parking lot at the Montreal courthouse on Notre-Dame St. An electrical problem prevented the garage door from opening. Special constables – the officers who provide security at the courthouse – tried to open the door as several drivers waited to exit.
It took several minutes. An impatient Vadboncœur was allegedly aggressive toward the constables, the Journal reported. The newspaper said she allegedly yelled at and berated and insulted them, calling them, among other things, “imbeciles.”
Once the door opened, the judge squealed her tires as she left, the newspaper said.
The Journal said its report was based on surveillance video and documents, including reports filed by several special constables. The video, which does not feature audio, shows a woman getting out of her car and gesticulating.
Kalogerakis said the Journal is contesting the legality of the search warrant. The SQ can’t search the computer until a hearing is held into that issue, he said.
Judges must adhere to strict guidelines when reviewing search warrants involving news media outlets, said Mark Bantey, a media lawyer with Gowling WLG.
“The courts have held that, because of the special role that the press plays in a democratic society, the state must satisfy a much stricter test than the more common search warrant before obtaining authorization to search the premises of a media outlets,” Bantey said.
For example, a judge must be satisfied that there’s no other means to obtain the evidence, and that the state’s interest in gathering evidence of a possible crime outweighs the infringement of freedom of the press, added Bantey, who has represented the Montreal Gazette.
Kalogerakis said “the behaviour of someone in such a high position in our society is of public interest.
“She is accused of bringing ridicule down on the entire judicial system. To show how she treated the special constables at the courthouse is very much of interest. This person is judging other people.”
An association of Quebec journalists denounced the computer seizure.
“It’s unacceptable to search journalists or news media to unmask sources when what is revealed is of public interest, as is the case in this instance,” said Jean-Thomas Léveillé, president of the Fédération professionnelle des journalistes du Québec.
“The public has a right to know how representatives of the state behave, even more so when they are responsible for applying the law.” Journalists are not informants and the police should not use journalists to further their investigations, the FPJQ added.
The Journal said it obtained a letter that Vadboncoeur sent to the Conseilde la magistrature in which she confirms she lost her patience, but denies berating anybody.
The Conseil de la magistrature is to hold a hearing into the complaint against Vadboncoeur on Friday.
