Questions raised over authenticity of document released by PCs

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This article was published 07/04/2016 (3537 days ago), so information in it may no longer be current.

Manitoba’s attorney general has raised concerns about the authenticity of a leaked premier’s advisory note released by the Progressive Conservatives Wednesday.

Acting as the representative for the sitting government, Gord Mackintosh called for an external review into the authenticity of the note after red flags were raised by Manitoba’s civil service Thursday.

“Several hours were spent trying to determining the authenticity of the advisory note for the premier, the alleged note for the premier, because there were some early concerns that needed further analysis,” Mackintosh said. “This is not just another memo to a file, this is a note to the premier and there is a serious public interest at stake if it is not authentic.”

The first red flag, he noted, was that no department, including the Premier’s Office, Manitoba Infrastructure and Transportation, and the Clerk of the Executive Council’s Office could find a record of the note. 

“In government there has to be a keeping or a maintenance of advisory notes,” Mackintosh said. “It has to be by law.”

Mackintosh was referring to the both the the Archives and Recordkeeping Act, which requires the tracking of all documents for archives and record-keeping purposes, and the Freedom of Information and Protection of Privacy Act, which requires briefing notes to be logged because they have to be tracked for FIPPA (freedom of information) purposes.  

On Wednesday, PC Steinbach MLA Kelvin Goertzen held a news conference to present the advisory note, touted as proof NDP Leader Greg Selinger misled Manitobans about when he ordered the tendering of a contract to provide flood-control equipment to First Nation communities in 2014. 

The two-page document, titled Advisory Note for the Premier, dated Oct. 23, 2014, showed growing concerns from the civil service about the contract. The note, from an unnamed government official, raised financial, ethical and legal concerns about the contract for Tiger Dam equipment sold by a person known to be a financial supporter of Manitoba Infrastructure and Transportation Minister Steve Ashton.

Because of the date of the note, it was presented as proof the premier misled the public when he said he personally intervened on Oct. 9, 2014, to ensure the contract was tendered.

Mackintosh, who is not seeking re-election in his St. Johns seat, spoke with the Free Press about his concerns after consulting with the civil service and being briefed by Donna Miller, the clerk of the executive council. 

Other red flags included missing information such as any indication which department the note was from, and no contact information for the sender. Goertzen told the Free Press Wednesday the note they gave to the media was exactly how it was presented to them. That missing information defies the guidelines set up for an advisory note for the premier, which must follow a specific template or else it will get sent back to the department, Mackintosh said.

Mackintosh also noted the letter refers to “Ministers Ashton and Robinson” in the beginning sentence, whereas civil servants refer to the minister by their portfolio, not name (i.e The Minister of MIT, not Minister Ashton).

Mackintosh also questioned the language of the note, which he said uses phrasing that a civil servant — who is supposed to be neutral — would never include in a briefing note.

“It is not written in the way that the civil service expresses itself,” he said, pointing to a part of the note that mentions political contributions. “There is language here that has never been seen in an advisory note.”

Mackintosh said he was told by the civil servants in charge of these notes the phrase “longstanding relationship with the MIT Minister and the proposed vendor (including past political contributions),” is unusual.

Mackintosh said he asked the clerk of the executive council to determine who should conduct the review, adding he asked for it to be expedited so it can be complete before Manitobans head to the polls April 19.

“We have no conclusions but we have questions that should be addressed,” Mackintosh said. “We would like someone not associated with the campaign to conduct an outside, internal probe.”

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In an email statement sent by a PC Manitoba spokesman, Goertzen did not address any of the claims made by Mackintosh, but said he would welcome an independent investigation of the Tiger Dam issue, including a complete review of all relevant documents. 

Goertzen also added Manitoba’s ombudsman, Charlene Paquin, was not able to access cabinet and Treasury Board documents during her investigation into the Tiger Dams issue.

“If the Selinger NDP are so concerned about documentation, they would have co-operated fully with the ombudsman in the first place and released all such documents to the ombudsman,” he said in the statement. 

— with files from Larry Kusch

kristin.annable@freepress.mb.ca

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