Former prime minister Jean Chrétien has launched a legal challenge of Justice John Gomery's findings in the federal sponsorship inquiry, saying his conclusions aren't supported by the evidence.

Chrétien filed an application for a judicial review in the Federal Court Wednesday, at the end of the 30 days he had to file the motion. Gomery released his first report on Nov. 1.

It is, at its core, a notice to quash Gomery's findings – either entirely, or in part as they relate to Chrétien.

Former prime minister Jean Chrétien listens to his wife on Nov. 1, when the first Gomery report was released. (CP file Photo)

In his report, Gomery concluded that Liberal politicians mismanaged the program, and some Liberal party organizers in Quebec sought and received donations from ad companies that had received lucrative government contracts starting in the mid-1990s.

The report said Chrétien and his chief of staff must be held responsible for the flawed running of the federal sponsorship program from 1994 to 2003.

"These factual findings are erroneous, perverse, capricious and made without regard for the material before the commission," Chrétien said in a 33-page affidavit filed Wednesday.

Chrétien's allegations, which have not been proven in court, include that:

• There was a "reasonable apprehension of bias" against him on the part of Gomery.
• The judge relied very heavily on witnesses whose testimony damaged Chrétien – in particular, that of Chuck Guité, the former bureaucrat who ran the sponsorship program – while ignoring or distorting testimony in his favour from other top public servants.
• Guité, who now faces fraud charges, was a "patently unreliable witness."
• Gomery refused to inquire into any matters related to charges faced by Guité or advertising executives Paul Coffin and Jean Brault.
• Chrétien was not provided with adequate notice to respond to allegations of wrongdoing under section 13 of the Inquiries Act.

Chrétien challenges key Gomery findings

Chrétien disputes a number of separate conclusions that he says were unsupported by evidence before the inquiry.

He said it wasn't true that he chose to run the sponsorship program out of the Prime Minister's Office, that he "deliberately bypassed" government contracting controls, or that there was a deliberate attempt to keep the program secret.

To support allegations that Gomery was biased against him, Chrétien cites the judge's comment that Chrétien's decision to order golf balls with his name inscribed on them was "small-town cheap."

He also questions what he described as Gomery's "bemused admiration" for Guité.

The former prime minister also alleges that Gomery was preoccupied with media coverage, saying his inquiry was the "best seat in the house for the best show in town."

During the sponsorship inquiry, lawyers for Chrétien filed papers in Federal Court, asking that Gomery be removed over concerns that he lacked objectivity.

They later withdrew their demands.

Timing unrelated to election call, sources say

The motion had been expected, because the former prime minister declared his intention to launch a legal challenge when Gomery released his report.

The motion's filing came just as his successor Prime Minister Paul Martin – who initiated the Gomery inquiry – was entering an election campaign.

Chrétien made no comment on Wednesday. However, the Canadian Press reported that some of his associates, who weren't named, said the timing had nothing to do with the election and was entirely connected to the 30-day limit.

Political analysts said it was common for legal motions to be filed at the end of the time limits they had been given.

The opposition parties have been hoping to win voters because of public outrage over the sponsorship scandal. The current Liberal government has been trying to distance itself from the issue.

Chrétien has defended the federal sponsorship program, saying it was an important tool to fight the sovereignty movement in Quebec.

He has also said he regretted any mistakes that were made, adding that as prime minister he took ultimate responsibility.

The second half of Gomery's report, which recommends improvements, is due to be released in February of 2006.