NDP quiet on calls for ethics probe into outgoing Tory minister’s ‘unconscionable’ behaviour

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This article was published 05/01/2024 (651 days ago), so information in it may no longer be current.

The NDP government is staying silent about a potential ethics investigation into the conduct of the former Stefanson administration, which is accused of trying to rush approval of controversial silica mine on its way out of office.

On Friday, Premier Wab Kinew’s office offered “no comment” when asked if the NDP wants the ethics commissioner to review an allegation of “unconscionable” behaviour by Progressive Conservative MLA Jeff Wharton during the transition period between governments.

Accusations the former PC government tried to approve Alberta-based Sio Silica’s application to mine near Vivian — in breach of what’s known as the caretaker convention — were first made by Kinew in a year-end interview with the Free Press.

Under the caretaker convention, a governing party is to refrain from making major, or controversial, decisions that cannot be easily reversed when governments change hands.

“The fact that the outgoing administration tried to push this through before we were sworn in did create some skepticism about the legwork leading up to a potential approval,” Kinew said late last month.

The application was set for approval during the transition of power following the Oct. 3 election and prior to the NDP being sworn in Oct. 18, Kinew said at the time. However, the NDP requested the government hold off on a decision and the licence had not been approved.

“I’m concerned that the PC government had political considerations in mind when they were reviewing this project,” Kinew said. “I don’t think that’s the fault of the proponent. I think the PCs have that to wear.”

Kinew declined to take questions on the subject Friday.

Two former Tory cabinet ministers later corroborated Kinew’s claim, stating that in separate phone calls on Oct. 12 Wharton, then the economic development minister, asked them to approve the project.

Former environment minister Kevin Klein, who lost his Kirkfield Park seat in the election, said Wharton called to ask him to approve the application, which he refused.

Former Riel MLA Rochelle Squires, who was acting environment minister at the time, said Wharton also called her, asking her to sign off on the project.

In a Free Press column, Squires said she too refused the request, which she said was “unconscionable.”

According to Squires, the project was described by Wharton as being of significant importance to outgoing premier Heather Stefanson, but because of a conflict, she couldn’t direct an approval herself.

A statement issued on Stefanson’s behalf said she has no conflict of interest with Sio Silica; the Opposition leader has not, however, taken questions on the controversy.

Speaking to the Free Press this week, Wharton would neither confirm nor deny he pressured Klein or Squires to approve the project.

“I would expect the premier to look deeper into this issue and report back to Manitobans”–Liberal Cindy Lamoureux

Rather, he said any such conversations were subject to cabinet confidentiality and he had no intent to direct an approval.

The revelations have sparked new concerns among local leaders in the Rural Municipality of Springfield, where the mining activity is proposed to take place.

On Friday, municipality councillors Mark Miller and Andy Kuczynski officially called for MLAs to step up and ask Manitoba ethics commissioner Jeffrey Schnoor to investigate.

The conduct described by Klein, Squires and Kinew has raised questions of motive, “political influence” and “backroom politics” that could hurt the integrity of the mine project, Miller said.

“The public deserves the honesty, and the integrity and the transparency of all of the ministers that are disputing the facts,” he said.

Manitoba’s conflict-of-interest legislation prohibits MLAs from making or influencing decisions that provide an opportunity to further a member’s private interests, those of their family or improperly further another person’s private interests.

Only an MLA can ask the commissioner to launch a review and they must have “reasonable grounds to believe that another member has contravened” the act.

“We’re hopeful that somebody will because they know that there’s lots at stake here,” Miller said.

A spokesperson for the PC caucus declined to comment on Miller and Kuczynski’s calls for an ethics review.

Tyndall Park MLA Cindy Lamoureux — the lone Liberal in the assembly — said she is following the situation closely but doesn’t plan to file a complaint.

“I would expect the premier to look deeper into this issue and report back to Manitobans,” the party’s interim leader said.

Deputy PC leader Kelvin Goertzen also joined the fray Friday, saying his advice to government after the election was “that both the legal and ethical requirements of the caretaker convention needed to be vigorously followed.”

“The public deserves the honesty, and the integrity and the transparency of all of the ministers that are disputing the facts”–Mark Miller

“I have a deep respect for both parliamentary tradition and parliamentary convention including the principles behind the caretaker convention as government transitions following an election,” the former justice minister said in an emailed statement.

“Ultimately, to the best of my knowledge, the caretaker convention was upheld across government and no significant policy or political decisions were made and instead were properly left for the incoming government to consider.”

The NDP government is currently reviewing Sio Silica’s business case, economic rationale, environmental assessment and consultation with Indigenous groups. No decision has been made on the proposal.

However, Kinew has stated silica will figure prominently in the NDP government’s plans for critical minerals.

Pure silica sand is a key component in manufacturing solar panels, computer chips and batteries, fibre optics and specialty medical glass.

danielle.dasilva@freepress.mb.ca

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