Backgrounder: National Prosecution Awards 2020
The Commitment to Justice Award
Mr. Robert W. Hubbard, Crown Counsel with the Ontario Ministry of the Attorney General in Toronto, was recognized for his dedication to serving Canadians and furthering the ideals of justice through a distinguished 44-year career as a federal and provincial prosecutor. Considered a national expert on search and seizure, as well as electronic surveillance and privilege, he has authored and co-authored books and articles, as well as lecturing to police, counsel and the judiciary on these subjects. He is an innovator on e-trials, data analytics, and institutional modernization and he has been a mentor to many top provincial and federal prosecutors. One of his notable cases is R. v. Garofoli, a prosecution whichset out a test by which the judicial authorization of a warrant for search and seizure is assessed to determine whether, based on the information before the issuing judge, as amplified on review, it should have been issued; the test ultimately determines whether evidence gathered through this warrant may be included in a prosecution.
Mr. François Lacasse, Senior General Counsel with the Public Prosecution Service of Canada (PPSC) in Ottawa, was recognized for his commitment to justice throughout a prolific career as a prosecutor, legal advisor, and academic. In his 35 years working in the justice system, he has been legal counsel, lecturer, trial prosecutor and appellate counsel, with more than 30 appearances in the Supreme Court of Canada (SCC). He’s written for an array of law journals, as well as mentoring and training other prosecutors on legal drafting in both English and French. He is currently the SCC litigation coordinator for the PPSC and chair of the PPSC National Litigation Committee. Some of his notable cases have focused on issues such as confidential informant privilege in R. v. Barros (1981), search issues in R. v. Mann, Indigenous offenders in R. v. Ipeelee, and proceeds of crime and offence-related property in R. v. Craig.
The Courage and Perseverance Award
Mr. David A. Jardine, Crown Counsel for the British Columbia Prosecution Service (BCPS) in Vancouver, was recognized for outstanding dedication, perseverance, and courage handling cases involving organized crime and serious violence in British Columbia (BC) and working as a prosecutor at the International Criminal Court in The Hague. As a team leader for the BCPS in the Commercial Crime and Organized and Major Crime Units, he provides guidance and leadership to prosecutors attached to those units. He is also a director of the BC Crown Counsel Association and its representative on the International Association of Prosecutors’ Forum for Associations of Prosecutors. His notable cases include R. v. Sipes et al., the major prosecution involving several murders carried out by a criminal organization. Strict security measures had to be taken for this prosecution and other related proceedings, including outfitting a courtroom with bullet-resistant Plexiglas panels, separating the public seating area from the body of the court, and having the prosecution team work from a secret location outside of the main prosecution office. Additional security measures were also taken to ensure the safety of all prosecutors involved, including Mr. Jardine, and their families.
The Humanitarian Award
Ms. Leah B. Fontaine, Crown Counsel for the BCPS in Duncan, BC, was recognized for her work as an Indigenous justice expert at the local and national level, as well as abroad. An Ojibwe woman from the Sagkeeng and Brokenhead First Nations, she currently works to support Recognition and the implementation of the BCPS Indigenous Justice Framework, which aims to meet the standards set by the United Nations Declaration on the Rights of Indigenous Peoples and the Truth and Reconciliation Commission’s justice-related Calls to Action, as well as addressing the over-representation of Indigenous people within the criminal justice system. She has designed several training programs for Crown counsel and non-lawyer members of prosecution teams to educate them on the lasting effects of colonization and systemic racism. She holds a key role in the operation and the development of new Indigenous courts in BC, which use restorative justice and focus on rehabilitation, accountability, and healing in their sentencing of Indigenous offenders. She is also dedicated to the Eagle Feather Court House Initiative, working to introduce eagle feathers and an indigenized oath/affirmation to BC court houses. In 2018 and 2020, she worked with the Justice Education Society as a subject matter expert to lead needs assessments on access to justice for Indigenous people in Guatemala and Guyana. She serves as the executive secretary of the BC Crown Counsel Association and is a member of the BC Justice Summit working group.
Outstanding Achievement in a Prosecution Award
The SNC-Lavalin prosecution team was recognized for its work on three high-profile bribery and fraud prosecutions under near-constant national media scrutiny. In 2015, SNC-Lavalin Group Inc. and two of its affiliates, SNC-Lavalin Construction Inc. and SNC-Lavalin International Inc., were charged with corruption of a foreign public official and fraud. The Remediation Agreements Regime came into force on September 19, 2018, and SNC-Lavalin wrote to the Director of Public Prosecutions (DPP) requesting consideration of a remediation agreement. The DPP ultimately declined to offer an opportunity to negotiate such an agreement, and the prosecution proceeded. In December 2019, SNC-Lavalin Construction Inc. pleaded guilty to fraud and the remaining charges were stayed against all three defendants as a result of the resolution.
In a second prosecution, former SNC-Lavalin president, Sami Bebawi, was found guilty of fraud, corruption of a foreign public official, laundering proceeds of crime, and two counts of possession of proceeds of crime by a jury in Quebec Superior Court in Montreal on December 15, 2019. A third prosecution of former SNC-Lavalin executive Stéphane Roy for charges of fraud and corruption of a foreign public official were stayed due to delay in February 2019.
Mr. Roy is a Senior General Counsel and acts as a legal adviser to the DPP and her deputies on matters of national interest. He has worked at the PPSC since 1995. Ms. Manoukian is Senior Counsel for the PPSC’s Quebec Regional Office. She has worked for the PPSC since 2003. Mr. Gervais serves as Counsel in the PPSC’s Quebec Regional Office. He has worked for the PPSC since 2010.
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Robert P. Doyle
Secretary, FPT Heads of Prosecutions Committee
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