John Howard Gomery QC (August 9, 1932 – May 18, 2021) was a Canadian jurist from Quebec. He was a Justice of the Quebec Superior Court from 1982 to 2007, and appointed Commissioner for the Royal Commission investigating the Sponsorship scandal in 2004.
62-642: The sponsorship scandal , AdScam or Sponsorgate , was a scandal in Canada that came as a result of a federal government " sponsorship program" in the province of Quebec involving the Liberal Party of Canada , which was in power from 1993 to 2006. The program was originally established as an effort to raise awareness of the Government of Canada's (then led by Prime Minister Jean Chrétien ) contributions to Quebec industries and other activities in order to counter
124-566: A "charming scamp." Other allegations of bias concern the commission's chief counsel, Bernard Roy , a former Chief of Staff to former Progressive Conservative Prime Minister Brian Mulroney . Roy is also a partner in Mulroney's law firm where Gomery's daughter works. Chrétien's lawyers stated that the appointment is a conflict of interest . Roy is a longtime personal friend of the former prime-minister's. Brian Mulroney and Jean Chrétien have had an adversarial personal relationship in recent years since
186-516: A broader mandate, more power and greater resources than the Auditor General, and most importantly could look beyond government to the advertising agencies that had received the Sponsorship dollars. The terms of reference allowed the commissioner to question witnesses, hire experts and adopt any procedures or methods that he considers expedient for the proper conduct of the inquiry. The purpose given
248-537: A damaging status of corporate Japan, Woodford, in his memoirs has said: "I thought I was going to run a health-care and consumer electronics company, but found I had walked into a John Grisham novel." Since the development of printing , the media has had greater power to expose scandals and since the advent of mass media, this power has increased. The media also has the capacity to support and/or oppose organizations and destabilize them thereby becoming involved in scandals themselves as well as reporting them. Following
310-536: A man who dedicated his life to the service of his city, his province and his country," said the former Prime Minister, dismissing Chuck Guité's testimony. Chrétien believes that Gomery's conclusion that the programme was run out of the Prime Minister's Office is wrong. 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
372-577: A public inquiry. Chrétien defended the program as an important component of the government's efforts to raise federal visibility in Québec. Prior to his testimony, Chrétien's lawyers moved to expel Justice Gomery in December 2004 due to several comments he had made to a National Post reporter before the hearings that demonstrated Gomery's bias against Chrétien. These included Gomery commenting that golf balls marked with Chrétien's name, which had been paid for by
434-574: A scandal may be factual or false, or a combination of both. In contemporary times, exposure of a scandalous situation is often made by mass media . Contemporary media has the capacity to spread knowledge of a scandal further than in previous centuries and public interest has encouraged many cases of confected scandals relating to well-known people as well as genuine scandals relating to politics and business. Some scandals are revealed by whistleblowers who discover wrongdoing within organizations or groups, such as Deep Throat ( William Mark Felt ) during
496-459: A scandal. Academic dishonesty, also referred to as academic misconduct, is any type of cheating that occurs in relation to a formal academic exercise. Although in the early part of the 19th century held the view that scandal does not mix with literature and science, some opined that a scattering of some amount of scandal in literature could enhance interest of people as scandal suits "the taste of almost every palate." Scandal, has however, been
558-531: Is increased, that there is a consistent application of the provisions for each organization, that compliance and enforcement be enhanced, and finally that respective responsibilities and accountabilities of Ministers and public servants as recommended by the Auditor General of Canada. The Gomery Commission began holding public hearings on 7 September 2004 in Ottawa , meeting in the Old City Hall . The first to testify
620-456: The Airbus affair . The choice of counsel may account for the failure to call some Chrétien friendly witnesses. Conservative leader Stephen Harper was sympathetic to Chrétien's complaints of bias, stating that the main problem was that the commission's terms of reference did not allow it to investigate Paul Martin's contracting habits as finance minister. Other criticisms concern the lack of powers
682-689: The Conservatives , who formed a minority government that was sworn in February 2006. February – An internal audit reveals that none of the recommendations of the 1996 Ernst & Young audit have been implemented. September – Minister Alfonso Gagliano receives the 2000 audit and suspends the Sponsorship Program. Later that year, the Office of the Auditor General of Canada begins investigating
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#1732838175178744-525: The Gomery Commission , formally the Commission of Inquiry into the Sponsorship Program and Advertising Activities , headed by Justice John Gomery for the purpose of conducting a public inquiry and filing a report on the matter The Commission concluded that $ 2 million was awarded in contracts without a proper bidding system, $ 250,000 was added to one contract price for no additional work, and $ 1.5 million
806-419: The Liberal Party of Canada 's Québec wing and to put Liberal workers on company payrolls. In an unprecedented event, the inquiry saw the testimony of two Prime Ministers in February 2005: then- Finance Minister Paul Martin and then-Prime Minister Jean Chrétien . The latter's testimony was much anticipated as this was the first time in over a century that a sitting Canadian prime minister testified before
868-533: The Watergate scandal in the 1970s in the United States. Whistleblowers may be protected by laws which are used to obtain information of misdeeds and acts detrimental to their establishments. However, the possibility of scandal has always created a tension between society's efforts to reveal wrongdoing and its desire to cover them up, and the act of covering up (or indeed of revealing) a contentious situation may become
930-406: The 1950s generated "hypnotic intensity" among viewers and contestants. The CBS Television show The $ 64,000 Question which started on 7 June 1955 and such other shows as The Big Surprise , Dotto, Tic Tac Dough , and Twenty One became the most publicized quiz shows, but soon generated scandals after a series of revelations that contestants of several popular television quiz shows conspired with
992-573: The 1950s, and was poorly regarded by the legal profession. He became a partner in 1966. In 1972, he was appointed Queen's Counsel (QC). In 1982, Gomery was appointed to Quebec Superior Court Montreal district by Minister of Justice Mark MacGuigan . Gomery served as President of the Copyright Board of Canada from 1999 to 2005. Gomery has also been involved in the Canadian Bar Association and Chambre des notaires du Québec . He
1054-596: The Fence by Herman Rosenblat and A Memoir of the Holocaust Years by Misha Defonseca, were found to be based on false information, while a prize won by novelist Helen Darville created a scandal in 1994 around the author's fraudulently claimed ancestry. A political scandal occurs when political corruption or other misbehavior is exposed. Politicians or government officials are accused of engaging in illegal, corrupt, or unethical practices. A political scandal can involve
1116-477: The Liberal Party makes some major concessions in the budget in their favor. However, the other Opposition parties were still ready to bring down the government and force an election before the summer. Conservative leader Stephen Harper and Bloc Québécois leader Gilles Duceppe announce their intention to try to force a pre-Christmas election; however, New Democrat leader Jack Layton says that he will try to have
1178-474: The Liberals implement some New Democrat policies, particularly with regard to a ban on private healthcare as the price for his support in keeping the government up. The Gomery Commission , formally the Commission of Inquiry into the Sponsorship Program and Advertising Activities , was a federal commission of inquiry , with Justice John Gomery as the sole commissioner, established for the purpose of investigating
1240-456: The Phase I Report. Gomery criticized Chrétien and his chief of staff Jean Pelletier but cleared them of direct involvement in kickback schemes. While people such as Alfonso Gagliano , Chuck Guité and Jacques Corriveau took advantage of the programme, Gomery argued that abuses would not have occurred had Chrétien set the programme with safeguards in place. Gomery said that Pelletier "failed to take
1302-527: The Sponsorship Program and Advertising Activities (informally, the Gomery Commission ) to investigate the Sponsorship scandal . Gomery's mandate is set by Section IV, clause I of the Inquiries Act which states: "The Commissioner [is] directed to perform his or her duties without expressing any conclusion or recommendation regarding the civil or criminal liability of any person or organization and to ensure that
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#17328381751781364-500: The US Congress ruled rigging a quiz show a federal crime. A sex scandal is a scandal involving allegations or information about possibly-immoral sexual activities being made public. Sex scandals are often associated with sexual affairs of film stars , politicians , famous athletes and others in the public eye, and become scandals largely because of the prominence of the person involved, perceptions of hypocrisy on their part, or
1426-554: The Watergate scandal in the United States, other English-speaking countries have borrowed the suffix "gate" and added it to scandals of their own. Journalistic scandals relate to high-profile incidents or acts, whether done purposefully or by accident. It could be in violation of normally in vogue ethics and standards of journalism . It could also be in violation of the 'ideal' mission of journalism : to publish "news events and issues accurately and fairly." The American quiz show of
1488-747: The actions of the Parti Québécois government of the province that worked to promote Quebec independence . The program ran from 1996 until 2004, when broad corruption was discovered in its operations and it was discontinued . Illicit and even illegal activities within the administration of the program were revealed, involving misuse and misdirection of public funds intended for government advertising in Quebec. Such misdirections included sponsorship money awarded to Liberal Party-linked ad firms in return for little or no work, in which firms maintained Liberal organizers or fundraisers on their payrolls or donated back part of
1550-670: The biggest institutional sporting scandals is the 2015 FIFA corruption case . Doping scandals have plagued the Olympic games as well, such as in the Doping in East Germany scandal and the Asian Games in 1994 . Scandals in match games such as Major League baseball and cricket may relate to spot-fixing or gambling . John Gomery Gomery was born in Montreal , Quebec , on August 9, 1932,
1612-423: The breaking of the nation's laws or moral codes and may involve other types of scandal. In 2012, Michael Woodford who successfully steered Olympus, a Japanese company to fame, turned a whistleblower when even as a CEO of the firm, he exposed the financial scandal worth $ 1.7 billion and fled Japan fearing for his life. Though persecuted his revelations proved to be true resulting in booking the culprits. Portraying
1674-527: The commission had to investigate criminal matters, which were being investigated by the RCMP. Chrétien's lawyers have indicated they are concerned about conclusions which are not based on evidence, but mere extrapolation . Chrétien, on the day the report was tabled in the House of Commons, objected to the findings of the commission, commenting that Gomery believed the wrong witnesses. "Personally, I believe Jean Pelletier ,
1736-481: The commission's recommendations matched his proposed first bill, the Federal Accountability Act . Other recommendations went further than what Harper promised, while some other recommendations (dealing with the public service) would not be enacted in the short term. Many commentators criticized the report for various reasons: alleged bias on the part of the commission, the terms of reference with which it
1798-403: The conduct of the inquiry does not jeopardize any ongoing criminal investigation or criminal proceedings." In other words, Gomery's mandate was only to determine whether there were problems with the federal sponsorship program in Quebec between 1995 and 2003; he was explicitly forbidden to name any individuals or organizations that may have been responsible for the alleged fraud that occurred during
1860-502: 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 26 June 2008, Federal Court ruled that Gomery had in fact displayed bias in several comments made before the hearings had closed and that his remarks showed that he had prejudged the issues. According to the Court, Gomery had personally insulted Chrétien when he described
1922-600: The distribution of golf balls bearing the prime minister's signature as "small-town cheap." The court voided those sections of Gomery's report dealing with Chrétien and Pelletier. The Federal Court also 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
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1984-519: The fight against drugs in sports", has showed that bribery, doping by athletes and doping sample-tampering, have occurred in collusion with national and international sporting organizations. Some consider that doping is "now endemic" in the world of sport and is becoming extremely pervasive, including more and more sports. One of the biggest individual scandals flowed from revelations that former American road cycling champion Lance Armstrong had achieved success by consistent, long-term cheating. One of
2046-495: The government, and the look into the advertising companies in Montreal uncovered a great deal of new and explosive allegations. The most important of these were by Groupaction executive Jean Brault who recounted a series of crimes committed to direct government money to Liberal party supporters. These caused a sharp fall in the support for the governing Liberals, and put their government in jeopardy. On 1 November 2005, Gomery released
2108-614: The inquiry to investigate Paul Martin 's contracting habits as finance minister. In 2005, the Canadian Press named Gomery Newsmaker of the Year . Time magazine also named him its Canadian Newsmaker of the Year . Jean Chrétien went to federal court to clear his name and have the Gomery report invalidated. On June 26, 2008, federal judge Max Teitelbaum criticized Gomery for making comments that indicated he judged issues before all evidence
2170-469: The issues. According to the Court, Gomery had insulted Chrétien when he described the distribution of golf balls bearing the prime minister's signature as "small-town cheap." The court voided those sections of Gomery's report dealing with Chrétien and Pelletier. Other comments by Gomery that Chrétien's lawyers argued as being indicative of bias included Gomery referring to the management of the sponsorship program as "catastrophically bad" and calling Chuck Guité
2232-466: The mandate was for Gomery to make any recommendations that he considers advisable, based on his findings. Specifically requested of Gomery were the following: to prevent mismanagement of sponsorship or advertising programs in the future, taking into account legislation to protect "whistleblowers"; to recommend changes to legislation to change the governance of Crown corporations to ensure that audit committees are strengthened, that public access to information
2294-467: The mandate was investigate and report on questions and concerns addressed in the "2003 Report of the Auditor General of Canada" relating to the sponsorship program and advertising activities of the Government of Canada. These concerns included the program's creation, the selection of agencies, the program's management and activities, the receiving and use of funds and disbursement of commissions, and anything else that Gomery feels relevant. The second part of
2356-448: The money to the Liberal Party. The resulting investigations and scandal affected the Liberal Party and the then-government of Prime Minister Paul Martin . Though an ongoing affair for years, it rose to national prominence in early 2004 after the program was examined by Auditor General Sheila Fraser , who found significant concerns. Her revelations led to the Martin government establishing
2418-467: The most elementary precautions against mismanagement – and Mr. Chrétien was responsible for him." Gomery also exonerated Prime Minister Paul Martin, the minister of finance during most of the sponsorship programme. Gomery specifically said that Martin "is entitled, like other ministers from the Quebec caucus, to be exonerated from any blame for carelessness or misconduct," as the Department of Finance's role
2480-490: The non- normative or non- consensual nature of their sexual activity. A sex scandal may be based on reality, the product of false allegations, or a mixture of both. A desire for success and financial gain or the abuse of power in sport have also created many scandals both at an individual and the organisational level. Scandals arising from corruption have an impact of the credibility of sport. The World Anti-Doping Agency , as part of its role to "promote, coordinate and monitor
2542-533: The program. May 8 – Fraser issues a report accusing "senior public servants" of having broken "just about every rule in the book" in awarding contracts worth $ 1.6 million to the Groupaction ad firm. Fraser promises a follow-up report on the sponsorship program due in early 2004. In the following rebuttal speeches, Jack Layton of the New Democratic Party offered to keep the parliament alive, provided
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2604-484: The release of the first report, Chrétien took action in Federal Court to review the commission report on the grounds that Gomery displayed a " reasonable apprehension of bias ," and that some conclusions did not have an " evidentiary " basis. On 26 June 2008, Federal Court ruled that Gomery had in fact displayed bias in several comments made before the hearings had closed and that his remarks showed that he had prejudged
2666-418: The scandal on 1 November 2005 and Phase II Report on 1 February 2006. In 2008, Federal Court of Canada Judge Max M. Teitelbaum set aside Gomery's conclusion that Jean Chrétien and Jean Pelletier shared blame for the mismanagement of the program to boost the federal government's profile in Quebec. Teitelbaum's decision was appealed to the Federal Court of Appeal where it was upheld. The commission had
2728-404: The show's producers to rig the outcome. The quiz show scandals were driven by a drive for financial gain, a willingness of contestants to "play along" with the assistance, and the lack of regulation prohibiting the rigging of game shows. In October 1958, a New York grand jury was instituted by prosecutor Joseph Stone and the matter was examined with recording of closed-door testimony. Following this,
2790-483: The sponsorship program, were "small town cheap." Gomery rejected the calls to recuse himself setting up a confrontation between him and Chrétien. At the end of his day of testimony Chrétien closed his statement by pulling out a series of golf balls bearing the name of American presidents and the law firm Ogilvie Renault (which at the time employed former Prime Minister Brian Mulroney , Gomery commission counsel Bernard Roy and Gomery's own daughter) asking whether each of them
2852-558: The sponsorship program. Gomery's report, available in several parts e.g. Restoring Accountability: Recommendations , assisted the Royal Canadian Mounted Police with further investigations, which led to criminal charges being filed and prosecuted against certain key figures in the scandal. He has been criticized by many, in particular Chrétien supporters , who saw his dealings in the commission as biased. Others also criticized Gomery's terms of reference which did not allow
2914-509: The sponsorship scandal, which involved allegations of corruption within the Canadian government . The commission was called by then- Prime Minister Paul Martin in February 2004 soon after a report by the Auditor General of Canada found unexplainable irregularities in the government's Sponsorship Program. The Commission held public hearings from 7 September 2004 to 17 June 2005, hearing from 172 witnesses. Gomery released his Phase I Report on
2976-462: The status and credibility of the persons or organizations involved. Society is scandalized when it becomes aware of breaches of moral norms or legal requirements, often when these have remained undiscovered or been concealed for some time. Such breaches have typically erupted from greed , lust , or the abuse of power . Scandals may be regarded as political, sexual, moral, literary, or artistic, but often spread from one realm into another. The basis of
3038-459: The subject of many books. Among the most famous of fictional stories about scandal are School for Scandal (1777) by Richard Brinsley Sheridan and The Scarlet Letter (1850) by Nathaniel Hawthorne . Literary scandals result from some kind of fraud; either the authors are not who they say they are, or the facts have been misrepresented or they contain some defamation of another person. For example, two books by Holocaust survivors , Angel at
3100-551: The third of four children to Jean ( née Brook ) and Walter Bertram Gomery. Gomery's father was a stockbroker who had lost his savings during the Great Depression . Growing up the in anglophone community of Montreal West , Gomery did not encounter francophone culture until attending McGill University at 18. Gomery completed his education at McGill, receiving a Bachelor of Arts (BA) degree in 1953, and his Bachelor of Civil Law (BCL) in 1956. While attending McGill, Gomery
3162-483: Was "small town cheap." The stunt was the focus of all the media reports. Martin appeared a few days following Chrétien, and denied any involvement in the program. After the prime ministers testified, the hearings moved to Montreal to investigate where the money had gone. The hearings in Ottawa had uncovered little more than what was in the Auditor General's report. The AG did not have the authority to investigate outside of
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#17328381751783224-444: Was Auditor General Sheila Fraser who reported the findings of her earlier investigations. The first part of its investigation was of the political direction of the project. Most of the top officials involved were called to testify. Testimony confirmed the Auditor General's conclusion that advertising firms submitted invoices for work that had not been done. Witnesses also reported that companies were asked to make cash contributions to
3286-565: Was a member of the McGill Law Journal . In 1957, Gomery was called to the Quebec Bar and worked at the law firm Fasken, Martineau and Dumoulin in the areas of family law , commercial litigation and bankruptcy . Gomery focused primarily on divorce law which required a decree from the Senate of Canada at the time. François Perreault notes that family law was not a common specialty in
3348-573: Was also President of the Comité Général des Juges de la Cour supérieure du Québec , President of the Family Law Committee from 1983 to 1993, and has been a member of the Rules of Practice Committee since its inception. Gomrey retired from the court bench on August 9, 2007, after turning 75, the age of mandatory retirement. Gomery was appointed on February 19, 2004 as Commissioner of Inquiry into
3410-445: Was appealed to the Federal Court of Appeal where it was upheld. Scandal A scandal can be broadly defined as the strong social reactions of outrage, anger, or surprise, when accusations or rumours circulate or appear for some reason, regarding a person or persons who are perceived to have transgressed in some way a social norm . These reactions are usually noisy and may be conflicting, and they often have negative effects on
3472-524: Was appointed to the Superior Court of Quebec on May 9, 1995, making them the first couple to serve as Superior Court judges in Quebec. Together they had four children. Gomery was diagnosed with Leukemia in the early 2000s which was successfully treated. Gomery's daughter Sally A. Gomery was appointed to the Ontario Superior Court of Justice on July 1, 2017. Gomery's son Geoffrey B. Gomery
3534-489: Was awarded for work that was never done, of which $ 1.14 million was repaid. The Commission found that a number of rules in the Financial Administration Act were broken. The overall operating cost of the commission was $ 14 million. In the national spotlight, the scandal became a significant factor in the lead-up to the 2006 federal election when, after more than 12 years in power, the Liberals were defeated by
3596-429: Was heard and exhibited bias against Chrétien. The federal judge also ruled that Gomery's comments on "small town cheap" amounted to a personal insult against Chrétien. The court criticized the Gomery inquiry's conclusions that Chrétien and Jean Pelletier bore responsibility for the sponsorship scandal. Gomery married Pierrette Rayle in 1973, she started as a new hire at Gomery's firm of Martineau Walker in 1969. Rayle
3658-430: Was heard, exhibited bias against 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 government was ordered to pay Chrétien's legal costs. Chrétien and his aides have described it as vindication. Teitelbaum's decision
3720-408: Was not oversight, but setting the "fiscal framework." On 1 February 2006, Gomery released his final report consisting mostly of recommendations for changes to the civil service and its relation to government. The recommendations suggested include: Shortly after Justice Gomery held a press conference, Prime Minister-designate Stephen Harper , elected on January 23, 2006, told the press that some of
3782-492: Was set up, and the use of evidence in the report. Several, including former Prime Minister Jean Chrétien , Warren Kinsella , and former cabinet minister Sheila Copps , criticized the commission as being little more than an extension of Liberal party infighting . Gomery was accused by some as being friendly to Paul Martin , and hostile toward Chrétien. In the spring of 2005, Chrétien's lawyers attempted unsuccessfully to have Gomery removed due to his alleged bias. Subsequent to
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#17328381751783844-462: Was to "investigate and report on questions raised, directly or indirectly" by the Auditor General's report. However, as is typically the case in commissions of inquiry, he was specifically directed not to make any conclusions or recommendations on criminal charges or civil liability. Commissioner Gomery was given a two part mandate with power issued to him under the Inquiries Act . The first part of
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