Our Line in the Sand
Investigation by Manitoba’s Ethics Commissioner is vital to the healthy functioning of a democratic society which Manitobans have not seen for some time.
https://www.facebook.com/ourlineinthesandmanitoba/
Jan 12, 2023, NDP caucus chair Mike Moyes, filed a conflict of interest complaint against former Premier Heather Stefanson and Jeff Wharton, MLA Red River North “for corruption, for putting their own interests ahead of Manitobans’ and violating the Conflict of Interest Act”.(Jan 13, 2023, “Ethics Complaint filed on tories”, Free Press)
The new Conflict of Interest Act stems from a critical 2018 Report which found Manitoba had “the oldest and arguably the weakest conflict of interest legislation in Canada.”
Wab Kinew as opposition leader, said the government should go ahead and implement the 84 recommendations in the report and agreed that a higher standard for cabinet ministers and the premier over “the average MLA” is called for.(CBC “Manitoba’s conflict of interest legislation “weakest in Canada” and needs overhaul:Commissioner” April 24, 2018)
Jeffrey Schnoor, Manitoba’s Ethics Commissioner and author of the 2018 Report, must use the new powers of his office to launch a full, in-depth investigation.
“Secret internal government email addresses” must be searched. (“Stefanson under fire for using secret email address” Winnipeg Free Press, Oct 18, 2022)
All members whose portfolios the Sio Silica Corp project – processing, rail and extraction – would be subject to, from 2016 to the present, must be scrutinized. This would include current and former senior public servants, environmental approvals and mines branch, Municipal Board members, and the influx of MLAs who either left during this time period or declined to run in the Oct 2023 election such as former Deputy Premier Cliff Cullen. During critical development periods in the Sio Silica project Cullen oversaw the Mines Branch between May 3, 2016 to Aug 17, 2017, and then Jan 18, 2022 to Jan 30, 2023, He was succeeded by Blaine Pedersen and Jeff Wharton respectively.
The former govt justified dividing the project for separate provincial technical reviews because the sand processing Facility and rail yard operations were independent of the sand mining. The Facility was licensed Dec 16, 2021, a month after then environment minister, Sarah Guillemard, instructed the MB Clean Environment Commission to hold a public hearing into the extraction, before the province completed their review on the extraction! The province finished Feb 3, 2022, and the Commission began deliberations.
The Commission’s June 2023 Report found it “obvious…that they[processing, rail and extraction operations] are very closely interconnected.” The hasty and suspicious rush to License Sio Silica’s processing and rail operations and withhold it from the extraction hearing clearly shows the depth required and the long overdue need for a thorough investigation.
This investigation can and must be done in public as any healthy functioning democracy is obligated to carry out.
Image: Letters to the Editor, Free Press, Jan 16, 2023;
Not included in the email – Winnipeg Free Press Vote Manitoba 2023 “About Heather Stefanson…I prefer to work behind the scenes, in collaboration with others.”
The new Conflict of Interest Act provides the Ethics Commissioner power to investigate allegations and collect evidence, this separates the powers of the judicial and legislative branches of government.
Under the old Act, former Liberal Leader Dougald Lamont had to launch a civil lawsuit in 2022 to determine if Stefanson contravened Manitoba’s Conflict of Interest Act. Stefanson who has over 20 years of experience in the financial sector and was Justice Minister and deputy premier May 2016 to Aug 2018 failed to disclose $31 million in property sales. These transactions took place in 2016 and 2019; significant years in the Sio Silica project.
Lamont’s legal counsel Dave “Hill said in the brief if the court finds Stefanson “knowingly violated the act,” the premier ought to be suspended for 90 days and fined $5,000. These penalties will serve as a reminder of the importance of integrity, independence and accountability in local government decision-making, and the importance of certainty in reconciling the public duties and pecuniary interests of members.”(“Liberal leader wants Manitoba premier suspended if court finds she violated conflict of interest rules” CBC, Feb 1, 2023)
Justice Anne Turner ruled Stefanson violated the legislature’s conflict of interest rules, but would face no consequences because the “breach of the Act was inadvertent.”
Note regarding the “secret” emails – “It has to be a government address that’s searchable under access to information requests,” said Duff Conacher. “If not, then it’s the same as having a personal private email address.”
Paul Thomas, who researches and writes regularly on freedom of information laws, questioned the rationale for the premier using a secret address. “This seems like a deliberate tactic to evade the requirement to document for purposes of accountability and history the decisions and actions taken by public office-holders — both elected politicians and appointed public servants,” the University of Manitoba political studies professor emeritus said.”(“Stefanson under fire for using secret email address” Winnipeg Free Press, Oct 18, 2022)
http://www.mbcoic.ca/reports/modernization-april2018.pdf Link to 2018 Report
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