Former Alberta justice minister Jonathan Denis found in contempt of court

A former Alberta justice minister has been found guilty of criminal contempt for threatening to sue a plaintiff in the middle of her testimony in a civil trial.

Court of Queen's Bench Justice Doreen Sulyma said Wednesday that a letter sent last week on behalf of Jonathan Denis was an attempt to intimidate Dr. Anny Sauvageau while she was testifying in her lawsuit against the Alberta government.

Sauvageau is accusing the government of wrongfully terminating her contract as chief medical examiner in 2014.

Denis was the justice minister at the time but is not named as a defendant in the lawsuit.

He was not in court Wednesday morning when Sulyma rendered her contempt finding, but was listening in electronically.

On Monday, Denis's lawyer insisted that the letter was not meant to impact Sauvageau's ongoing testimony, because it is well-known by lawyers that sworn testimony 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 Sauvageau or her lawyer were talking to the media outside court. 

Sulyma rejected that explanation.

"That is not what the letter said," the judge said as she read from her written decision. "If it was meant to be directed at the publication … it was not. It was directed at the lawyer for the plaintiff."

Sulyma acknowledged the chilling effect the letter had on Sauvageau, who said in an affidavit that the letter has caused the return of her need for therapy and anti-anxiety medication. She said she's also been suffering from insomnia. 

"I find that the intention exhibited was to obstruct her testimony and the trial process itself," Sulyma said.

On Monday through his lawyer, Denis apologized for the "misunderstanding" and accepted full responsibility for what he called the "situation."

Sulyma acknowledged the apology on Wednesday morning. 

"I appreciate his apology, although it applies to what I found to be threatening behaviour, rather than a misunderstanding," Sulyma said.