(Laval) An ex-functionary of the city of Laval who favored relatives by manipulating calls for tenders and by stirring confidential information on contracts benefited from a very mild sentence. He is the third dishonest official in a year to get away with it almost without consequences.
What to know
An ex-functionary of the city of Laval favored relatives by manipulating tenders.
He provided confidential information for a 1.1 million contract.
He benefited on Wednesday from an absolution, a very mild sentence.
Michel Éric Mercier, a 49 -year -old Lavallois, pleaded guilty on Wednesday at the Laval courthouse with an accusation of breach of confidence by a public official. J. Simon B. Dolci then ratified the common suggestion of Parties, a conditional absolution and 240 hours of community work.
This file has not been surprisingly the subject of any media coverage since the ex-functionary accusation in January 2023. According to his LinkedIn profile, he is a “national manager in maintenance of electronic security system” to the Government of Canada since January 2023. He resigned from his post in Laval in 2018.
Michel Éric Mercier was “a building mechanic” in building mechanics “at the City of Laval, when he raged between April 2017 and July 2018. His tasks went beyond a simple technician: he bought goods and services for the city and prepared tenders for purchases of more than $ 25,000.
Ethically dubious decisions
He has multiplied ethically questionable decisions to “promote his loved ones”: exclusive visit to sites, awarding a contract before the end of the process, fractional contracts so as not to reach certain thresholds, manipulation of calls for tenders, etc.
Michel Éric Mercier also wrote a quote in such a way that only his relatives had the skills required to do the work.
The ex-functionary granted relatives 17 contracts worth $ 52,000. He even communicated confidential information during a tender of 1.1 million. This was finally canceled before the awarding of the contract for a reason which was not specified before the court.
The city of Laval has undergone any economic loss and there is no evidence that Michel Éric Mercier has affected a personal benefit. The motivations of the offender to commit such crimes remain nebulous.
In parallel, Michel Éric Mercier involved in a company (which was not appointed). Even if the city had warned him that he could not sit on a board of directors, the official remained “active” in the company.
Michel Éric Mercier thus had ties of “proximity and friendship” with people who obtained contracts by the city through it. He also participated in a fishing trip with them. He has never disclosed his ties to the city with these people.
“The city of Laval had trusted you, gave you great responsibility, and you abused your function to commit this crime. You have shown laxity with regard to the rules of ethics and contract. All advantages [dont] Your entourage was able to benefit, ”said the judge.
A “series of personal errors”
Son avocat, Me Conrad Lord, described his client’s gestures as a “series of personal and professional errors” committed when he was in “professional exhaustion” and took antidepressants.
Photo Sarah Mongeau-Birkett, the press
Me Conrad Lord, defense lawyer
“In the context of trying to reorganize the department, it has sinned even more into ethical shortcomings,” said Mr.e Lord.
The crown prosecutor, Me Gabriel Sénécal argued that the accused’s guilt advocacy made it possible to avoid a trial.
Photo Sarah Mongeau-Birkett, the press
Me Gabriel Sénécal, crown prosecutor
After long negotiations, the crown and the defense therefore agreed on the imposition of a conditional absolution, followed by a probation of two years and 240 hours of community work.
Absolution represents the least severe sanction in criminal law. The person is not condemned to a sentence, he is rather “absolute”. When the absolution is “conditional”, the person’s criminal record was erased three years after the end of their probation.
The imposition of an absolution should not harm the public interest. According to judge Simon B. Dolci, a well -informed public member would not judge this sanction contrary to the public interest.
You should know that the maximum sentence for a breach of trust by a public official is five years’ imprisonment. The objective gravity of the offense is therefore less than for a chief of fraud, who is punishable by 14 years of penitentiary.
“Your behavior requires a denunciation. […] It is important that all the other officials of the city of Laval see that it is a crime [pour lequel] We are exposed to an important sentence, ”concluded judge Dolci.
For the past year, leniency has been in order for corrupt or schemers. Last October, the ex-management of the city of Montreal Sadek Lazzouzi benefited from an absolution, when he had favored the interests of a powerful real estate promoter.
Last December, an ex-framework of a school board, Caroline Mastanuono, had benefited from an unconditional absolution, when she had orchestrated a fraudulent scheme.
