The high-stakes corruption case against the military’s former second-in-command returns to the spotlight Tuesday when Vice-Admiral Mark Norman is expected to elect how and in which Ottawa court he will be tried.

He is accused by the RCMP of leaking cabinet secrets to executives at a Quebec shipyard which was — in 2015 — negotiating with the federal government to lease the navy a supply ship.

Norman was charged with a single count of breach of trust last spring after a lengthy investigation that saw him suspended and, eventually, removed as the vice chief of the defence staff.

In the last few months, the Crown and defence have argued various pretrial matters, including the issues of disclosure of evidence.

Case involving cabinet confidences is unique

A legal expert says a crucial question that will need to be answered is how much the federal government is willing to disclose in open court to prove its case.

At issue in the case is a $668-million ship leasing contract for the Navy. News that the Liberals were having second thoughts about it was first reported in 2015. Norman is accused of leaking information to shipyard executives. (CBC)

In order to demonstrate Norman leaked cabinet secrets, the Crown will have provide evidence that the information was classified and it will need to present that in court.

“Government is faced with a very difficult problem,” said retired colonel Michel Drapeau, a lawyer with extensive experience in access to information cases.

“In order for them, as the Attorney General to make their case, they have to show what evidence and what kind of evidence — cabinet confidences — was released.”

Questions of censorship, how much censorship and whether the evidence will have to be presented behind closed doors are likely going to be a major issues, he added.

“I cannot remember a case like this over the last, say 40 or 50 years, where cabinet confidences have been revealed and disclosed” in open court, Drapeau said.

Federal government in unusual position

The other problem, he said, is that whatever documents federal government chooses to disclose as part of the case will have to signed off by the Privy Council Office, which is responsible for cabinet records.

That puts the government in the position of being both the accuser and the gatekeeper of information.

The question of whether that is fair to Norman is something that will have to be debated in court, said Drapeau.

“It will be interesting to see how the court responds to that and whether the Crown will simply disclose everything to his counsel,” he said.

Leak involved $668M ship contract

The focus of the RCMP’s case involved published reports in November 2015 that the Liberal government, newly elected at the time, had second thoughts about a $668-million contract to lease a supply ship for the navy.

The leak embarrassed the government. According to search warrant evidence filed before Norman was charged, cabinet ministers felt it impeded their ability to review the decision, which was made the previous Conservative government just ahead of the last election.

The Liberals eventually relented and allowed the leasing project, which was being run out the Chantier-Davie shipyard in Lévis, Que., to proceed.

Norman is accused of leaking information to Davie executives that eventually found its way into the hands of the media. None of the allegations against him have been tested in court.

The Liberal government seems to have let bygones be bygones with the shipyard. It recently signed a $610-million contract to convert civilian icebreakers for coast guard use.

At his first court appearance last spring, Norman said he was looking forward to the case being dealt with swiftly and getting back to work.

It is, however, unlikely a trial will take place until next year, possibly during the next federal election campaign.