A mix of contradicting testimony emerged at the Bastarache commission on Friday, October 1, causing some to question if Marc Bellemare could have been in two places at once, and others wondering who to believe – former justice minister Paul Begin or Premier Jean Charest?
Bellemare's exact whereabouts that evening aren't yet known. But two different agendas presented at the commission put him in two different locations on the same crucial evening.
He said he was at Jean Charest's office the night of September 2, 2003. That was the night he said he told the premier that Liberal fundraisers were twisting his arm to nominate judges.
But last week, Bellemare's old agenda turned up in court, thanks to a box of trinkets his wife had found in the couple's home.
The meeting minutes from Bellemare's riding association place him there the very same night.
To determine where Bellemare really was, the Bastarache commission has had the items analyzed for tampering.
But commission spokesperson Guy Versailles said doing so hasn't helped to add clarity.
"The expert determined that both of these documents are valid documents," he said.
Acted independently
That's not the only puzzling component of the unfolding drama.
On the same day of commission proceedings, Paul Begin said when he held the title of Quebec justice minister, he never spoke with the premier about his choice of judges.
Begin held the post under Parti Quebecois premiers Jacques Parizeau, Lucien Bouchard and Bernard Landry.
He said within the Parti Quebecois, the task of appointing judges was carried out solely by the justice minister – though he or she could also discuss nominations with his or her chief of staff.
Begin noted that any discussion of judicial nominations with the premier would have undermined the independence of the judiciary.
The former justice minister also said this is made clear in the regulations which set out the appointment process.
Begin, who had the title from 1994-1997 and 2001-2002, indicated the procedure was changed when the Liberals came into power in 2003.
Under the rules set out by the Parti Quebecois, Begin submitted his recommendation to the board of ministers without previously consulting them.
Begin said his colleagues would then confirm or reject his proposal.
Last week, Charest denied having made any change to the appointment process, also asking the court to ignore how previous governments operated.
On Thursday, the former justice minister Kathleen Weil defended the Liberals' approach, noting it corresponded with her reading of the law and regulations.
With files from the Canadian Press
