Judge to decide if former Alberta justice minister is in contempt of court

An Edmonton Court of Queen's Bench justice will take two days to decide if former Alberta justice minister Jonathan Denis should be cited for contempt of court. 

A civil trial came to an abrupt halt Friday after a lawyer sent a letter on behalf of Denis threatening to sue the plaintiff for defamation. 

On Monday, the judge called the timing of the letter "disastrous" because Dr. Anny Sauvageau was still testifying in her wrongful dismissal case. 

Sauvageau was the province's top forensic pathologist from mid-2011 until 2014 when she learned that her contract would not be renewed the next year. She is suing the province for $7.6 million in damages for loss of income and benefits.

In Court of Queen's Bench on Monday afternoon, Sauvageau's lawyer characterized the Denis letter as a "threat" and "intimidation". 

"The plaintiff is an individual… who is already feeling vulnerable," Allan Garber told the court. "How do you put the toothpaste back in the tube?" 

In a sworn affidavit, Sauvageau said she has renewed a prescription for anti-anxiety medication and is going to seek counselling. 

"The false accusations and threats made by Jonathan Denis Q.C. against me have made me feel bullied and intimidated once again and have reactivated my symptoms," she wrote. "I now feel fearful, anxious and worried … and am having flashbacks of the events that occurred in the past which gave rise to this litigation."

The lawyer representing Denis offered an apology for what he called a "misunderstanding" of the letter that was sent last week. 

"Mr. Denis wishes to apologize to the court," Brendan Miller said. "He takes full responsibility for the misunderstanding arising from the letter."

Miller told the judge that the letter was sent last week because Denis believed Sauvageau was speaking to members of the media outside court. 

The letter referenced an Edmonton Journal article that recounted testimony about Denis given by Sauvageau last week during her sworn testimony. 

In her sworn affidavit, Sauvageau said she has not spoken to the media since the end of 2014, when her contract as the province's top forensic pathologist was not renewed. 

Miller acknowledged that Sauvageau could not and would not be sued for defamation over her testimony, because it is protected by absolute privilege.