Gomery Commission - Appeal To Federal Court

Appeal To Federal Court

Subsequent to the release of the first report, Chrétien's lawyers took action in Federal Court to invalidate the report and clear his name. They want the court to review the commission report on the grounds that Gomery showed a "reasonable apprehension of bias", and that some conclusions didn't have an "evidentiary" basis.

On June 26, 2008, the Federal Court quashed the Gomery inquiry's conclusions that Chrétien and Pelletier bore responsibility for the sponsorship scandal. Justice Max Teitelbaum criticized Gomery for having a preoccupation with the media spotlight that led him to give interviews he should have eschewed, making comments that indicated he judged issues before all evidence was heard, exhibited bias against Mr. Chrétien, and trivialized the inquiry proceedings. For instance, Teitelbaum pointed out that Gomery's remark halfway through the hearings that "juicy stuff" was yet to come made it appear that evidence of wrongdoing was expected before it was heard. The federal judge also ruled that Gomery's comments on "small town cheap" amounted to a personal insult against Chrétien. The federal government was ordered to pay Chrétien's legal costs. Chrétien and his aides have described it as vindication. However, Justice Teitelbaum's decision was appealed to the Federal Court of Appeal where it was upheld.

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