Police are seeking to extend a warrant to search former Calgary mayor Jyoti Gondek's cellphone after she refused to provide the passcode, court heard Wednesday. The device was seized in March as part of a municipal corruption investigation.
Calgary Police Service lawyer Doug Taylor is applying for an extension to the order that allowed officers to seize Gondek's phone during a search of her residence. According to an affidavit from lead Detective Matt White, read in court by Taylor, Gondek is linked to an investigation into a municipal campaign contributor. White has been seconded to the RCMP for this probe.
Investigation Details
The investigation centers on a reconsideration motion tabled by former councillor Sean Chu after a proposed land-use bylaw amendment failed on a 6-6 vote. The new vote, which allowed Gondek to participate after she missed the initial vote, passed 8-5, with Chu changing his position.
“Initial information received by police was that David White, who runs a company called CivicWorks that assists developers navigate City of Calgary processes, had been offering campaign donations exceeding the maximum allowed to councillors in exchange for them tabling a reconsideration motion,” Taylor read from the affidavit.
The offences under investigation include municipal corruption, obstruction of justice, and fabricating evidence. Det. White's affidavit stated that a search of David White's phone yielded evidence, and it was determined that Gondek had provided guidance to White on a tactic to approach another councillor to secure the reconsideration motion.
Legal Arguments
Taylor stressed that the case is still under investigation and no charges have been laid, adding that it is possible none will be. However, Gondek's lawyer, Snukal, argued that her client has an “unqualified” right under the Charter to maintain silence. Snukal said Gondek's vote was meaningless and that Justice Allan Fradsham should quash Taylor's bid to extend the warrant while police try to crack the passcode.
“Even if her client wasn't present for the second vote, Chu changing his position made the motion pass,” Snukal argued.
Taylor is also seeking to extend similar warrants for Chu's phone and for devices belonging to two other individuals, Nathan Robb and Michael Farrar.
Phone Seizure and Access Issues
Det. White's affidavit said a March 19 search of Gondek's home resulted in the seizure of her iPhone, but police experts have not been able to access its data. “I believe that (the phone) will afford evidence pertaining to Gondek counselling (David) White,” the officer wrote. “While I believe it contains evidence, there is a technological barrier to accessing it.”
He noted that as technology evolves, forensic investigators may be able to extract information without the passcode. Taylor told Fradsham that Gondek and others could quickly get their devices returned if they provided the passcode, but Snukal maintained her client was under no obligation to do so.
Justice Fradsham declined to block the CPS application for an extension. The case returns to court next week for lawyers to apply to cross-examine the detective on his affidavit, though Taylor may call White to the witness stand, giving the other side the automatic right to question him.
