The Crown steps on the accelerator and summons to trial the co-accused of data theft at Desjardins

The co-defendants in the Desjardins mega data leak case were summoned directly to trial on Monday with the filing of a privileged indictment, a procedure which will accelerate the case of the six individuals, who had still not taken position on whether or not a preliminary investigation should be held.

• Also read: Data theft at Desjardins: defense asks for more time due to voluminous evidence

• Also read: Data theft at Desjardins: the main suspect arrested by the SQ

The Director of Criminal and Penal Prosecutions (DPCP) confirmed on Monday the filing of the exceptional direct indictment procedure.

This method allows the prosecutor to directly summon accused persons to trial, without holding a preliminary investigation. And even if the accused had announced the choice to hold their trial before a single judge of the Court of Quebec, the direct indictment refers, for the moment, the case to the Superior Court, for a case before a jury.

This is a prerogative of the prosecutor used in large-scale cases whose complexity can have an impact on the management of deadlines. The public prosecutor has the possibility of proceeding in this way, but the request must be approved by the director of criminal and penal prosecutions himself, Mr.^e Patrick Michel.

Bulky evidence

The lawyers of Sébastien Boulanger-Dorval and the five other co-defendants had pleaded for longer-term postponements on several occasions since the indictment in June 2024. The latter considered that they did not have the time to study in depth the voluminous evidence which was given to them.

Earlier this month, the defendants committed to taking a position in December on whether or not a preliminary investigation would be held. By proceeding by means of a privileged accusation, the public prosecutor’s office is thus pulling the rug from under their feet.

M^e Marie-Laure Généreux, who represents Sébastien Boulanger-Dorval, however confirmed on Monday the intention of the accused to file a notice of new choice for a trial before judge alone, without a jury. “As permitted by the code,” underlined the lawyer, who however clarified upon leaving the courtroom that the Crown could oppose this new choice.

Postponed to December 2

Remember that Sébastien Boulanger-Dorval, Jean-Loup Masse-Leullier, Mathieu Joncas, François Baillargeon-Bouchard, Laurence Bernier and Charles Bernier are all accused in connection with the mega data leak which would have caused nearly 10 million victims at Desjardins.

Employee of the financial institution, Boulanger-Dorval is said to be behind the release of the data, which he then resold to Masse-Leullier and Joncas. The three other co-defendants are said to have used the stolen data as part of their duties, some working in companies linked to Jean-Loup Masse-Leullier and Mathieu Joncas.

All the accused were released for the duration of the proceedings. Boulanger-Dorval and Masse-Leullier are, however, subject to severe conditions, the first being, in particular, under house arrest.

The case was postponed until the next opening of the session of the Superior Court, on December 2. The Crown prosecutor, M^e Geneviève Robitaille, indicated to the court that she believed she would be able to file the pillars of the trial as well as a complete theory of cause on that date.