Corruption probe should deny immunity to alleged criminals, Charest says

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Quebec Premier Jean Charest is guaranteeing that the probe into corruption in the construction industry will be fully independent.

But there is a caveat: He wants the inquiry to co-operate with police to make sure that alleged criminals don't receive immunity that would protect them against prosecution.

A storm of protest forced Mr. Charest on Friday to grant the head of the inquiry, Madam Justice France Charbonneau of the Quebec Superior Court, the power to subpoena witnesses and offer full immunity if she deemed it necessary.

The Premier granted the powers two days after he created the commission, which was strongly criticized by the province's legal community for being largely ineffectual. The inquiry was belatedly setup to investigate "the awarding and management of public contracts in the construction industry" as it relates to potential collusion and corruption schemes as well as the financing of political parties and the possible infiltration by organized crime.

However, the probe was created outside the province's Public Inquiries Act, which automatically grants the power to summon witnesses, order them to produce documents, offer them immunity and even hold them in contempt of court if they fail to appear to testify.

These are powers of constraint that the Charbonneau Commission will only receive from the government if they are requested. Mr. Charest said he doesn't expect that to happen any time soon, at least not until Judge Charbonneau completes a fact-finding exercise, compiles all the evidence and weighs it against the possibility of having criminals avoid prosecution by being summoned by the inquiry to testify under immunity.

"There is that zone where she [Judge Charbonneau]will need to understand that any action taken on her part will have an impact on the ability of the Crown to accuse someone or bring evidence in front of a court," Mr. Charest explained during a news conference. "If it reaches the point where she asks for the power of constraint – and we will grant it to her – from that day on, the evidence she will gather will not be available for the purpose of accusing people in front of the courts."

The opposition's public security critic, Parti Québécois member Stéphane Bergeron, said that the commission has no business taking orders from the government. "There is no doubt in my mind that Mr. Charest has set up this inquiry in such a way to hide the facts for as long as possible and to appease anger within his own party," Mr. Bergeron said.

Experts in the legal community question the commission's ability to maintain its independence. If Judge Charbonneau doesn't immediately request that her probe fall under the Public Inquiries Act, her hands may be tied by the police investigations, they say.

"Her independence may be questioned," said well-known Montreal criminal lawyer Jeffrey Boro. "Do you want to investigate crime and then repress the crime or do you want to just investigate to see what measures can be taken afterwards. If it is to charge people, then you are going to have serious problems."

Justice Minister Jean-Marc Fournier said he has no intentions of bringing the probe under the Public Inquiries Act and immediately granting it full powers to subpoena witnesses. That should only come later, he said.

Demands for a public inquiry have dogged the Liberals for more than 30 months, with Mr. Charest repeatedly refusing to relent to mounting public pressure. But the situation became untenable in the wake of a scathing report last month from the head of the government's anti-collusion squad, Jacques Duchesneau.

Mr. Charest now hopes that with the inquiry announcement behind him, he can take back control of the political agenda.

In his closing remarks to more than 2,000 party delegates at the Liberal convention on Sunday, Mr. Charest said his party offers Quebeckers the change they want.

"My work is not yet completed," Mr. Charest said.