Queen’s Bench Court Judge Doreen Sulyma said Wednesday that a letter sent last week by Jonathan Denis was an attempt to intimidate Dr. Anny Sauvageau while filing in her lawsuit against the Alberta government. Sauvageau accuses the government of illegally terminating her contract as chief medical examiner in 2014. Dennis was Justice Minister at the time, but is not named as a defendant in the lawsuit. He was not in court Wednesday morning when Sulima found contempt, but was listening electronically. On Monday, Denis’s lawyer insisted that the letter was not intended to affect Sauvageau’s ongoing testimony, as it is well known to lawyers that affidavit is protected by absolute privilege. Brendan Miller told the court that the letter was sent out of concern following the publication of an Edmonton Journal article that Sovatzo or her lawyer were speaking to the media outside the court. Sulima rejected this explanation. “It’s not what the letter said,” the judge said as she read out her written decision. “If it was going to be published … it was not. It was addressed to the plaintiff’s lawyer.” Sulima acknowledged the creepy effect the letter had on Sauvageau, who said in an affidavit that the letter had caused her to return to her need for treatment and anti-anxiety medication. He said he also suffered from insomnia. Former Alberta Chief Medical Examiner Dr. Anny Sauvageau continues to testify in the case of her illegal dismissal.
“I think the intention was to obstruct her testimony and the trial itself,” Sulima said.

“Threatening behavior”

On Monday, through his lawyer, Dennis apologized for the “misunderstanding” and accepted full responsibility for what he called a “situation.” Sulima acknowledged the apology Wednesday morning. “I appreciate his apology, although it is a threatening behavior, rather than a misunderstanding,” Sulima said. Miller told the CBC in a statement sent via email Wednesday that Dennis plans to appeal Sulima’s decision. “Our client argues that the statement was not intended as a testimony but rather as a comment to the media,” Miller said. The letter was sent by an aide to Kyle Shewchuk, another attorney at the Calgary-based Denis Guardian. Shewchuk was admitted to the bar eight months ago. On Monday, he got up to apologize. “It was a learning experience for me as a new bar lawyer,” Shewchuk said earlier in the week. “I’m very grateful to Mr Shewchuk,” Sulyma said in a statement on Wednesday. “It’s really unfortunate that neither Mr. Dennis nor any senior adviser could have helped Mr. Shevtsuk with the letter and its contents before firing this letter at the time he did so.”

Prison time is not off the table

The parties are scheduled to meet again in court next Thursday to set dates for deciding on the contempt penalty and who will have to pay the costs. University of Alberta law professor Steven Penny told CBC News that there are no penalties in the Penal Code for criminal contempt of court. “As a result, there is no explicit list of types of punishment that could be available,” Penney said. “Traditionally, you have basically two types of punishments. Imprisonment and / or fine “. Penney said it was unlikely the former Justice Department would face a prison sentence. University of Alberta law professor Steven Penny called the contempt of court a “surprising development.” (Janice Johnston / CBC)
“Imprisonment as a treatment for contempt in conditions like this, I can only assume it would be very rare and would only happen in emergencies,” Penney said. “I do not know if it can be completely removed from the table, but I will be surprised, yes.” Penney said Dennis could face sanctions from the Alberta Law Firm. The CEO of the law firm said she could not comment on issues before the court. “As for the next steps to be taken by the Law Firm, it is important that our proceedings are conducted in a fair and impartial manner, regardless of who the lawyer is or what position they hold or have held in the past.” Elizabeth Osler wrote in an email to CBC News. Sauvageau returned to the witness stand after the judge ruled in contempt of court. The civil trial is scheduled to last eight weeks.