Sebastien Togneri, Former Tory Aide, Fights Back Over Criticism Of Interference In Access To Info

First Posted: 09/21/11 09:16 PM ET Updated: 11/21/11 05:12 AM ET

OTTAWA - A former Tory aide accused of interfering in an access-to-information request is firing back at his critics.

A lawyer for Sebastien Togneri has sent a letter to three lobby groups, warning them to back off from making "false and defamatory" statements.

The Sept. 1 missive takes issue with a letter sent to the chair of a House of Commons committee by the Canadian Taxpayers Federation, Newspapers Canada and the B.C. Freedom of Information and Privacy Association.

The three groups asked the committee to review the Access to Information Act after the RCMP announced in August that it was dropping its investigation into Togneri because a criminal investigation was "unwarranted."

The Togneri case set off a political firestorm when it was revealed by The Canadian Press that he had ordered the "unrelease" of a sensitive document that the Public Works Department was set to provide to the news agency after a request under the Access to Information Act.

Togneri at the time was a senior aide to then-Public Works minister Christian Paradis.

Canada's information commissioner launched a year-long investigation that concluded early this year that Togneri had interfered with the release of a record, even though he had no legal authority to do so.

Suzanne Legault recommended the RCMP investigate the matter, with reference to Section 67.1 of the Access to Information Act, which imposes fines and jail time to anyone who even counsels the withholding of documents.

Public Works Minister Rona Ambrose then called in the Mounties, who later dropped their preliminary probe.

The three watchdog groups asked Parliament to find out why the RCMP ended its investigation into Togneri, who once appeared before a Commons committee to acknowledge he had made a "mistake."

"The RCMP decision to abandon this investigation is extremely troubling," John Hinds, president of Newspapers Canada, said in a new release at the time.

"It appears to leave people most likely to interfere with ATI (Access to Information) requests above the law, and that just cannot stand."

But Togneri's lawyer played down the "mistake," saying in his Sept. 1 letter that his client never interfered with the release of the document.

"Mr. Togneri simply hastily questioned why a lengthy document was being released when the information actually sought was contained in only one short section of it," wrote Paul K. Lepsoe of the Ottawa firm Lavery, de Billy.

"He never intended or instructed that information actually sought should not be released."

Scott Hennig of the taxpayers' group rejected Lepsoe's letter, which is a first step under Ontario's Libel and Slander Act.

"Their claim is total B.S. and they likely know it," he wrote on the organization's website.

"Mr. Togneri should have done his homework first. It wouldn't have taken much digging to realize the CTF isn't easily intimidated. We will not back off just because you pay a lawyer to send us a strongly-worded letter.

"In fact, sending us such a letter with such weak arguments, makes it clear to us you have no intention of actually filing suit and that you are just trying to intimidate us into silence. Either that or you are trying to bog us down and make us incur lawyer costs that you are guessing we cannot afford.

"Either way, you guessed wrong."

Under Ontario law, Togneri now has three months to file a defamation suit.

The RCMP's abandoned investigation is the second time the Mounties have declined to lay charges in a high-profile case involving Section 67.1. Last fall, officers decided no charges were warranted after a two-year investigation into the deliberate destruction of emails at the National Gallery of Canada.

Legault also found clear evidence in that case that public servants were counselled to destroy records.

No one has ever been charged under Section 67.1, which was added to the act in 1999 after scandals in which defence and health records had been destroyed to avoid embarrassing revelations.

The Commons access committee, which meets Thursday, is chaired by an opposition member, the NDP's Nathan Cullen, who has said he wants to examine the case.

Last month, Togneri welcomed the RCMP decision for "clearing me of any wrongdoing." He called Legault's investigation of him "grandstanding."

Togneri left government in 2010, and was removed from the federal election campaign of a Tory candidate in Edmonton in April when his role there became public.

Legault has launched other investigations of alleged political interference in access-to-information at Public Works, Foreign Affairs and National Defence, based on specific allegations brought to her attention. The reports are expected over the next year.

Her office is also conducting a self-initiated investigation into systematic interference in the access-to-information process at eight major departments: National Defence, Public Safety, CIDA, the Privy Council Office, Health Canada, Heritage Canada, Natural Resources Canada and the Canada Revenue Agency. That report is expected sometime next year.

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OTTAWA - A former Tory aide accused of interfering in an access-to-information request is firing back at his critics.A lawyer for Sebastien Togneri has sent a letter to three lobby groups, warning the...
OTTAWA - A former Tory aide accused of interfering in an access-to-information request is firing back at his critics.A lawyer for Sebastien Togneri has sent a letter to three lobby groups, warning the...
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HUFFPOST SUPER USER
gravescanada
07:14 AM on 09/22/2011
And the Harper Government is once again showing that it is above the law. How many times does this government get to violate the law with no repercussions. Maybe its time for a petition to the Govenor General.
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HUFFPOST SUPER USER
Transitteer
and another thing . . .
10:24 PM on 09/21/2011
so, a threat from a Lawyer eh? Typical. The shame of this all, is that there are this many Investigations ongoing. This Government should hang it's head in shame - along with all its Lawyers.
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HUFFPOST SUPER USER
Kristopher Leang
training to take down the elite
12:19 AM on 09/22/2011
the conservative voters should hang thier heads in shame for voting in the most corrupt, secretive, non responsive government in history. the old people should hang their heads for selling out their future generation for temporary satisfaction with a party that will guarantee to fulfill all thier crime fear crazed, anti immigrant, talk show listening lives. the senoors esentially gave the okay to higher tuitions, locking our fellow family and canadians in jail, and buying harper new toys so they can go show off and kill more innocent people in third world countries with the jets. bravo old generation your parents who fought so bravely against fascism and for our rights would be proud of you voting in a Fascist leaning party with a canadian twists who has trampled our rights left right and center. bravo people ww2 vets are rolling in their graves
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HUFFPOST SUPER USER
tnanimation
01:09 AM on 09/22/2011
If young people in this country had actually bothered to break themselves away from their laptops for a minute and vote in the last election we might not have this corrupt government. Hopefully, next time they will be more aware.
09:34 PM on 09/21/2011
very transparent on behalf of a CONservative apparatchik

perhaps the CON's crime bill should start by looking in their own closet
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HUFFPOST SUPER USER
Kristopher Leang
training to take down the elite
12:23 AM on 09/22/2011
wow like that going to happen, their supporters are the worst kind of groupies. of we call out the conservatives accountability they will comment here with something like "oh what about the liberals blah blah blah". no matter how well founded or legitimate your criticism of the party its supporters will find some excuse, or deflection, or anything, without actually looking at themselves and the party. the party has been hijacked people its quite clear. whether its the us style prisons, police style, obsession with military, trickle down economics, secrecy in government, all tried tested and failed south of our border yet harper wants to import them wholesale in honor of his ideological gods, the americans.