QUEBEC CITY - The Bastarache inquiry has largely dismissed allegations of political tampering in the province's justice system, saying there's no proof Premier Jean Charest allowed his party's fundraisers to essentially appoint judges.
At the same time the report released Wednesday by Michel Bastarache, a retired Supreme Court justice, acknowledges the system is open to various external influences and should be improved.
The nearly 300-page document, the final step in a public inquiry that heard from 58 witnesses and cost $6 million, deals a severe blow to the credibility of former justice minister Marc Bellemare, saying the "documentary and testimonial'' evidence contradicted Bellemare's version of events.
"The facts do not demonstrate that Mr. Bellemare acted under pressure exerted by third parties,'' Bastarache wrote.
"The preponderance of the evidence leads me to conclude that the nominations were those of Mr. Bellemare, that he was not pressured to act against his will.''
While Bellemare's claims were largely dismissed, the report offered detailed recommendations on making the justice system more independent and transparent, including revisions to the selection criteria to encourage greater diversity among Quebec's judges.
One of the most difficult years of my life: Charest
Premier Jean Charest replied, "Yes,'' when asked whether he felt vindicated by the findings. He also emphatically declared that the integrity of Quebec's justice system was solid.
Charest said the controversy had caused tremendous damage to the reputation of that justice system, to his Liberal party, and also to him personally.
"I have to say that this was one of the most difficult years of my life, on a personal level,'' Charest told a news conference at the legislature.
"These are wounds that will take time to heal.''
He said an existing defamation lawsuit against the former minister who levelled the allegations will proceed.
Bellemare's claims not supported by evidence
Bellemare, who served as justice minister in 2003-2004, had testified that he was forced to appoint two judges, and promote a third magistrate, because of "colossal and undue pressure" from Liberal Party fundraisers, namely Franco Fava and Charles Rondeau.
In his report, commissioner Bastarache concluded "the facts do not demonstrate that Mr. Bellemare acted under the pressure or orders of third parties."
Instead, the report found in each case that Bellemare "acted voluntarily and independently" in choosing judges.
The main piece of material evidence submitted by Bellemare, a piece of cardboard inscribed with cryptic notes, was rejected as unreliable.
Mystery remains
The commissioner's report leaves one mystery intact: Bastarache refuses to offer an opinion on whether a meeting in fact took place between Bellemare and Premier Jean Charest on September 2, 2003.
Bellemare alleges that at that meeting, he told Charest of persistent phone calls and face-to-face lobbying by Franco Fava, to which the Premier allegedly replied "Franco is a personal friend, he's an influential party fundraiser … if he tells you to appoint [the judges], then appoint them."
Charest denies ever having this conversation with Bellemare and denies the meeting itself took place.
Justice Michel Bastarache says he chose not to not wade in because of the defamation lawsuits currently pitting Charest and Bellemare against each other in civil court.
Problems with the system
The report offered detailed suggestions to tighten up the system, standardize the process for selecting judges, and weed out partisan favouritism.
Bastarache suggested creating both a secretariat and a standing selection committee that would find and select qualified candidates to fill vacancies.
Under the current process, Bastarache said most of the successful candidates end up being "individuals from elite backgrounds," with few women and minorities being called to the bench.
"The homogeneity of the judiciary is considered a serious failing, as judicial diversity is a factor that strengthens public confidence in the administration of justice," Bastarache wrote.
Renewed demands for a broader inquiry
The report did little to stem calls for a broader inquiry into corruption in the province.
There were more allegations Wednesday about widespread corruption in the province's construction industry, and fresh demands for a more wide-ranging inquiry.
The head of the construction wing of the powerful Quebec Federation of Labour union said corruption is pervasive throughout the industry, including in the unions, and he announced he would not seek re-election after his term.
The union boss, Yves Mercure, had his car torched a few months ago. He is also now calling for a public inquiry into the construction industry.
- with files from The Canadian Press
