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Christian Libotte, ll.b.

Avocat criminaliste | Trial lawyer

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  • Profile.

    As former Counsel for the Public Prosecution Service of Canada and as former agent for the Attorney General of Canada since 1999, Christian Libotte conducted criminal prosecutions enforcing federal statutes in both official languages before all levels of the courts, acquiring considerable knowledge in court procedure, trial advocacy and rules of evidence.

    • Legal counsel for the Federal Department of Public Prosecution from January 2009 to November 2009.
    • Standing Agent for the Department of Public Prosecution of Canada since 1999 for the Moncton (NB), for the Bathurst Region (NB) since 2005 and for the Richibucto-Shediac Region (NB)since 2007.
    • General practice from 1997 to 1999 including defense work, civil litigation and family law.

    Experience.

    • For the past 10 years, I have conducted numerous criminal prosecutions at all court levels under the CDSA and the Criminal Code including Judge and Jury trials in both official languages. I have also conducted regulatory prosecutions under the Income tax Act, Canada Labour Code, Excise Tax Act 2001, Income Tax Act, Fisheries Act, National Park Act, Employment Insurance Act, Radio Telecommunication Act and Migratory Birds Act (WAPPRIITA).
    • Since 1999, leading prosecutor in:
      • Operation Jem-Jordon: Wiretap conspiracy involving organized crime and extra-provincial cocaine distribution and proceeds of crime prosecution.
      • Operation Joanna: Wiretap conspiracy involving extra-provincial cocaine and marihuana distribution and proceeds of crime prosecution.
      • Operation Jackpot: Wiretap conspiracy involving extra-provincial cocaine, methamphetamine, ecstasy and marihuana distribution.
      • Operation Jovial: Wiretap conspiracy involving extra-provincial cocaine and marihuana distribution and providing disclosure instructions to RCMP.
      • Operation Jagged: Wiretap conspiracy involving marijuana distribution.
    • Advisory prosecutor in:
      • Operation Jovial: Disclosure assessment, implementation of disclosure protocol, and more specifically disclosure of intercepted conversations.
      • Operation Jailor: Presently ongoing, involving a one party consent and the use of an agent.
    • I have extensive experience in proceeds of crime prosecutions having conducted several applications under § 462.37, § 462.48 and § 490 of the Criminal code and § 16 of the CDSA.
    • I have extensive experience in providing legal advice to members of the RCMP in every aspect of criminal law and more particularly disclosure obligations, § 7, 8, 9, 10, 11, 24(2) of the Charter, preparation and review of affidavit under § 184 of the Criminal code, validity of Part VI authorizations, validity of search warrants, resisting cross-examination of affiants and qualification of experts.
    • I have conducted numerous motions at all court levels including the validity of search warrants and the validity of Part VI authorizations.
    • I have conducted numerous trials and motions involving Pipeline and Jetway across New Brunswick.
    • For the past 8 years, I have acquired specific experience in conducting several regulatory prosecutions at every court level and providing legal advice to regulatory investigative agencies acting under the following statutes: Income tax Act, Canada Labour Code, Excise Tax Act, Income Tax Act, Fisheries Act, National Park Act, Employment Insurance Act, Radio Telecommunication Act, Migratory Birds Act (WAPPRIITA).
    • In the past 10 years, acquired extensive experience in writing legal opinions in both official languages on topics such as Charter breaches, reviewing hundred of affidavits and Information to obtain Warrants of the Criminal Code. I have also drafted several Orders pursuant to § 490, § 462.37 of the Criminal code.
    • I have appeared before the New Brunswick Court of Appeal on CDSA matters and family matters.
    • Experience in dealing with investigators and senior officials of government departments and agencies and with senior officials of the Department of Justice or Public Prosecution Service of Canada.
    • For the past 10 years, I have acquired extensive experience in conducting training for investigative agencies including RCMP, CFIA, Canada Labour Affairs Officers, Occupational Safety & Health Officers, Wild Life Enforcement Officers, Fisheries Officers, the Environment Canada Wildlife Enforcement Division, Canadian Border Services Agency and Moncton Federal Enforcement Section.
    • For the past 10 years and because of my role as leading prosecutor in major RCMP Operations, I have been in contact with senior counsels of the Department of Justice and Public Prosecution Service of Canada either by reporting on the progress of several investigations (operation Jailor, operation Jovial), by discussing the conduct of several prosecutions (Operation Jackpot), by explaining my interaction with senior RCMP members or by requesting assistance at specific times on various issues.
    • Obtained a Law degree from the University of Moncton.
    • Member of the Canadian Bar Association, the New Brunwick Bar Association and the Moncton Lawyer Association.