Latest news with #Schnoor
Winnipeg Free Press
24-05-2025
- Politics
- Winnipeg Free Press
A story of breathless insouciance and sheer persistence
Opinion 'Oh, what a tangled web we weave, when first we practise to deceive!' So wrote Sir Walter Scott two centuries ago in his epic English poem, Marmion: A Tale of Flodden Field. Writing in today's colloquial English, one would simply say, 'When lying liars lie about their lies.' Both are fitting characterizations of the stunning ethics and conflict of interest report released this week by ethics commissioner Jeffrey Schnoor into the attempted breach of the caretaker convention by a defeated government after the 2023 Manitoba election. He found that former premier Heather Stefanson, deputy premier Cliff Cullen, and Jeff Wharton, minister of economic development, investment, and trade, attempted to approve an environmental licence for the controversial Sio Silica mine during the caretaker period, despite having no political authority or legitimacy to do so. In doing so, Schnoor found that they had first, breached the caretaker convention which governs the behaviour of governments during and after an election, and second, in doing so, they had sought to 'further another person's private interests' — Sio Silica. An ethical and conflict of interest breach of a decisive and unprecedented nature. MIKE DEAL / FREE PRESS Former premier Heather Stefanson and some members of her government tried to push through a controversial mining permit — after the PCs were defeated in the last election, an investigation has found. The caretaker convention is a bedrock political convention of Canada's system of responsible government and democracy. Simply put, an outgoing government cannot take decisions on any matters that are not routine, urgent, or administrative in nature only. Sio Silica's licence approval was anything but. It was anti-democratic in the extreme. To read the report is to be struck by both the breathless insouciance and the sheer persistence of the main protagonists in their actions. They simply didn't give up. Despite saying to the Commissioner in testimony that they understood the caretaker convention, each of them sent written submissions to him insisting it actually didn't matter. Schnoor wasn't having any of it, writing of Stefanson: 'Her efforts to have the project licence issued during the transition period were themselves a breach of the caretaker convention.' This was no shortage of attempts by the deputy premier to advance the Sio Silica licence through the bureaucracy during the election period from Sept. 5 to Oct. 3, 2023. A draft licence was in fact prepared and shared with the company. These efforts accelerated following the PC government's loss during the transition period. Not able to issue the licence themselves, or unwilling to shoulder that controversial responsibility, Cullen and Wharton sought to entwine officials in their machinations, from the clerk of the executive council to the deputy minister of environment, desiring they find a way to do so. That 'way' was to concoct a scheme, led by Wharton in this instance, to get the defeated minister of environment, Kevin Klein, to issue it on his own authority, under Section 11.1 and 11.2 of the Environment Act, a never-before used power that allows the minister to issue a licence on his own. He refused, so they moved on to pressure Rochelle Squires, also defeated, to do so in a highly irregular move in her formal capacity as 'acting minister of environment,' under the Executive Council Act. This spurious ploy would have required a just-defeated acting minister to act in place of a just-defeated minister who had refused to act on his own accord. A legal fig leaf to cover up an illegitimate act. Unsurprisingly, each of the respondents sought to minimize their knowledge and actions throughout this sordid exercise. 'No harm, no foul' became their default excuse. Since no licence was ever issued, they cannot retroactively be found to have done wrong. Schnoor disagreed, writing: 'A private interest does not actually have to be furthered; it is sufficient that there is an opportunity to do so.' He went on to call Stefanson's repeated dismissal of the caretaker convention as 'disheartening.' That is an understatement. The former premier has evidently learned nothing from the whole affair, continuing to dissemble about her actions while dismissing the report and its findings. Her statement on the report says, 'I had no obligation to do so but reached out to the incoming government and fully considered their views before deciding on what to do,' Any actions she took, were 'to further and protect the public interest.' Wednesdays A weekly dispatch from the head of the Free Press newsroom. No obligation? This means she believed she could have issued the licence but deigned not to, not because of the caretaker convention but because out of some unknown principle known only unto her. How striving to ignore that same caretaker convention furthers and protects the public interest is breathtaking in its impertinence. Out of politics now, Stefanson's primordial interest in her defence seemed to be how this would affect her future job prospects. This was revealed via a final representation from her legal counsel who wrote the commissioner, asserting: 'with respect to whether any of your potential findings would impact Ms. Stefanson's capacity to serve as a director of any publicly traded Canadian companies. He opined that they would not…' Schnoor recommended stiff fines for each of Stefanson, Cullen, and Wharton. These are the first-ever such recommended by the ethics commissioner. Why, because it was Stefanson's predecessor as premier, Brian Pallister, who toughened up the Conflict of Interest Act in 2021 to allow for such fines. Sir Walter Scott might call that poetic justice. David McLaughlin is a former clerk of the executive council and cabinet secretary in the Manitoba government.
Winnipeg Free Press
23-05-2025
- Politics
- Winnipeg Free Press
Inquiry must be called to get answers on sand mine scandal
Opinion It's pretty clear by now that an inquiry should be called into the Sio Silica scandal. Ethics Commissioner Jeffrey Schnoor released his long-awaited report into the matter this week. He found that former premier Heather Stefanson, then deputy premier Cliff Cullen and then economic development minister Jeff Wharton, violated the province's Conflict of Interest Act by attempting to approve a licence for a controversial silica sand mining project after their government was defeated in the Oct. 3, 2023 provincial election. All three ministers pushed to have a Class 2 licence under the Environment Act approved for Sio Silica, days before the new NDP government was sworn into office. MIKE DEAL / FREE PRESS FILES Ethics Commissioner Jeffrey Schnoor found that former premier Heather Stefanson, then deputy premier Cliff Cullen and then economic development minister Jeff Wharton, violated the province's Conflict of Interest Act. They did so even though they knew, or ought to have known, that it violated the 'caretaker convention,' a longstanding constitutional principle in Canada that prohibits governments from making major policy decisions once a general election is called (unless it's related to an urgent matter of public importance). 'The efforts to have the project licence approved by Ms. Stefanson, Mr. Cullen and Mr. Wharton were taken despite their knowledge that voters had rejected the former government and had placed their trust in a new government,' Schnoor wrote in his report. 'All three knew the requirements of the caretaker convention and both Mr. Cullen and Mr. Wharton had been given specific warnings that approving the project licence during the transition period would breach the convention.' They never did get the project approved. But they tried every which way to manipulate the system to get the job done. That included attempting to invoke a never-before-used section of the Environment Act, which allows the environment minister to approve a Class 2 licence, something normally handled by a senior public servant, in this case the director of the Environmental Approvals Branch. Then-environment minister Kevin Klein and acting minister at the time Rochelle Squires were asked by Wharton following the election to approve the licence. Both refused. 'The exercise of power in a matter of great controversy and with long-term implications, even if well motivated, was improper within the meaning of the act and calls for significant denunciation,' wrote Schnoor. There are good reasons why cabinet ministers should not make major policy decisions during elections, especially after they are defeated at the polls. They no longer have the mandate of the people to act. Attempting to do so is an affront to democracy. Schnoor recommended all three minsters should be fined (something the legislative assembly must vote on). Wharton has apologized for his actions (he initially denied any wrongdoing) and he was stripped of his critic role by Progressive Conservative Leader Obby Khan. But he's still in caucus. Stefanson, though, has been defiant. She claims she did nothing wrong, even in the face of overwhelming evidence to the contrary. It's further evidence that she was never fit to be premier. 'None of the decisions I took in the period before the new NDP government was sworn in were made for any purpose other than to further and protect the public interest.' Stefanson said in a written statement from her lawyer. Her statement makes no sense. She was prohibited from making major policy decisions once an election was called, whether she believed it was in the public interest or not. She subverted democracy and is refusing to take responsibility for her role in this scandal. This matter should not end here. Manitobans deserve to know what motivated Stefanson, Cullen and Wharton to try to push this licence through. Schnoor said he found no evidence the ministers in question would have benefited personally from the project. But he had limited ability to delve further into what the motivating factors were. That is why a commission of inquiry under the Evidence Act should be called. An inquiry, headed by an independent commissioner, would have broad investigative powers, including the ability to gather necessary evidence and compel witness testimony in public hearings. Who stood to benefit from this project? Why was there such an urgent push to have it approved after the Tories lost the election? Wednesdays A weekly look towards a post-pandemic future. Manitobans deserve answers to those questions. And those involved should be held accountable for their actions. More importantly, an inquiry is necessary to explore options to try to prevent this from happening in the future. This isn't just about a few cabinet ministers trying to do an end-run around the law. It's about preserving and protecting our democratic institutions. Premier Wab Kinew should call an inquiry to get to the bottom of this mess. Tom BrodbeckColumnist Tom Brodbeck is a columnist with the Free Press and has over 30 years experience in print media. He joined the Free Press in 2019. Born and raised in Montreal, Tom graduated from the University of Manitoba in 1993 with a Bachelor of Arts degree in economics and commerce. Read more about Tom. Tom provides commentary and analysis on political and related issues at the municipal, provincial and federal level. His columns are built on research and coverage of local events. The Free Press's editing team reviews Tom's columns before they are posted online or published in print – part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Global News
22-05-2025
- Business
- Global News
Manitoba ethics commissioner faults former premier for pushing mining project
Former Manitoba premier Heather Stefanson and two of her Progressive Conservative cabinet ministers violated the province's conflict-of-interest law and should be fined, the province's ethics commissioner ruled Wednesday. In a 100-page report, ethics commissioner Jeffrey Schnoor said Stefanson, then-deputy premier Cliff Cullen and then-economic development minister Jeff Wharton acted improperly by pushing for the approval of a silica sand mining project after the Tories lost the Oct. 3, 2023, election to the NDP. Despite the election loss, the three Tories tried to get the Sio Silica project approved before the new NDP government, led by Wab Kinew, was to be sworn in, Schnoor wrote. Their actions violated the Conflict of Interest Act and contravened the caretaker convention — a long-standing parliamentary principle that forbids outgoing governments from making major decisions. 'The caretaker convention stands at the very core of our democracy,' the report said. Story continues below advertisement 'A government that loses an election has lost the confidence of the people and has lost the legitimacy to do anything beyond maintaining the status quo until the new government can take office.' Schnoor is recommending fines of $18,000 for Stefanson, $12,000 for Cullen and $10,000 for Wharton. The legislative assembly gets to make the final decision. There was no evidence that the three politicians would have had any financial gain had the project gone ahead, Schnoor wrote, but their actions amounted to improperly furthering the interests of other people. Stefanson, in a written statement from her lawyer Wednesday, said she talked with the incoming NDP government about the project. Get breaking National news For news impacting Canada and around the world, sign up for breaking news alerts delivered directly to you when they happen. Sign up for breaking National newsletter Sign Up By providing your email address, you have read and agree to Global News' Terms and Conditions and Privacy Policy 'I had no obligation to do so but reached out to the incoming government and fully considered their views before deciding on what to do. No licence was issued to the applicant by my government,' the statement read. 'None of the decisions I took in the period before the new NDP government was sworn in were made for any purpose other than to further and protect the public interest.' The Canadian Press was unable to contact Cullen, who, like Stefanson, has left politics. He told Schnoor that he had simply sought information and did not pressure anyone, but that was contradicted by other evidence, the report said. Story continues below advertisement Wharton, the only one of the three who still holds elected office, was not at the legislature Wednesday. He has offered to publicly apologize and has described his actions as a good-faith error in judgment, Schnoor's report said. The mining project would have created thousands of wells over 24 years across a large swath of southeastern Manitoba and created many jobs, although only an initial phase was being considered for approval. The NDP government rejected the project in February 2024, citing the potential impact on drinking water among other concerns. The conflict of interest first came to light after Rochelle Squires and Kevin Klein, two other former Tory cabinet ministers, said they were called by Wharton after the election and pressured to award the project an environmental licence. They both said they refused because of the caretaker convention. Wharton denied the accusation in a media interview in December that year. Kinew said the report is history-making. 'The premier of the day here was found to have broken the law and not had constitutional legitimacy,' Kinew told reporters. 'I hope Manitobans, in fact all Canadians, take a look at this and see how sad it is when a government that loses power tries to exercise its final gasps in such an unethical way.' Story continues below advertisement The legislature will likely wait until after the summer break to decide whether to accept Schnoor's report and impose the fines, Kinew said. Obby Khan, a former cabinet minister under Stefanson who was elected this spring as Tory leader, said there is a need to clear up what can be done under the caretaker convention. 'I accept the rulings of the commissioner … I also accept that there needs to be an update within the caretaker convention as well, so that this doesn't happen going forward,' he said. Klein, who lost his seat in the election, called on Wharton to resign his legislature seat. 'There's a line between serving the public and serving political interests, and in this case that line was clearly crossed,' he said. Sio Silica said in a statement the company was not the subject of the investigation and was not found to have acted improperly. It has renewed plans for silica sand extraction in Manitoba.
Winnipeg Free Press
21-05-2025
- Politics
- Winnipeg Free Press
Real question is why Stefanson and ministers put reputations on line for Sio Silica
Opinion As remarkable as ethics commissioner Jeffrey Schnoor's report into the Sio Silica scandal is — and remarkable is a good word for it — it was unable to answer a fundamental question. Why would a former premier and two senior former cabinet ministers put their personal and professional reputations at risk to issue a licence for a questionable silica mining proposal in the days after they were defeated in the 2023 election? The fact that Schnoor could not fully explain 'why' is not a criticism of his report. MIKAELA MACKENZIE / FREE PRESS FILES Former Manitoba premier Heather Stefanson, left, with former finance minister Cliff Cullen, were found guilty of breaching ethics law by ethics commissioner Jeffrey Schnoor's report into the Sio Silica scandal. MIKAELA MACKENZIE / FREE PRESS FILES Former Manitoba premier Heather Stefanson, left, with former finance minister Cliff Cullen, were found guilty of breaching ethics law by ethics commissioner Jeffrey Schnoor's report into the Sio Silica scandal. History shows that politicians caught engaging in ethical transgressions rarely face anything stiffer than a good tongue-lashing. In finding former premier Heather Stefanson, former deputy premier Cliff Cullen and former economic development minister Jeff Wharton guilty of breaching ethics law — and recommending fines for each politician — Schnoor has flipped that script in dramatic fashion. In the days following the October 2023 election, Schnoor found that Stefanson, Cullen and Wharton went to extraordinary lengths to issue an environmental licence to Sio Silica, an Alberta-based company that wanted to mine silica sand in Vivian, just east of Winnipeg. The project involved unproven technology, and had triggered significant concern among environmental lobbies and area residents. These efforts took place during the so-called 'caretaker' period, in which an outgoing government is prohibited from making any government decision before a new government takes over. Schnoor was resolute that Stefanson, Cullen and Wharton made a variety of attempts to ram through a licence during the caretaker period. The report detailed how, working together and apart, the Tory trio tried to bully two other cabinet ministers into issuing a licence. They also tried to influence bureaucrats into licensing the mine without a ministerial directive. All of these efforts were unsuccessful as a licence was not issued and the new government headed by Premier Wab Kinew quickly declared that he would say 'no to Sio.' Stefanson argued in her submissions to Schnoor that because no licence was issued during the caretaker period, there was no breach of ethics law. Schnoor's report says the breach was committed in the effort to issue a licence in the days following the election loss. 'The caretaker convention stands at the very core of our democracy,' Schnoor wrote in a release accompanying his report. 'The legitimacy of a government depends on the support of the electorate, expressed in elections. A government that loses an election has lost the confidence of the people and has lost the legitimacy to do anything beyond maintaining the status quo until the new government can take office. The exercise of power by an outgoing government to make significant decisions except in the most exceptional circumstances is a serious affront to our democratic institutions and to voters.' The price for this affront to democracy may seem, at first blush, to be insignificant. The ethics commissioner recommended Stefanson be fined $18,000 for her role. Cullen faces a $12,000 fine and Wharton, the only one of the three who still has a seat in the Manitoba legislature, faces at $10,000 fine. RUTH BONNEVILLE / FREE PRESS FILES Former Manitoba premier Heather Stefanson, left, and former economic development minister Jeff Wharton, pictured in 2022. RUTH BONNEVILLE / FREE PRESS FILES Former Manitoba premier Heather Stefanson, left, and former economic development minister Jeff Wharton, pictured in 2022. Stefanson was fined the most because she was the head of the PC government at the time and thus, 'has a higher leadership responsibility that she failed to meet,' Schnoor wrote. Wharton, on the other hand, got the smallest fine in part because he was the only one of the Tory trio who offered to apologize for his role in this scandal. All of which brings us back to the pressing question of 'why' these three veteran politicians would engage in such clearly unethical behaviour. Schnoor made it clear he did not find evidence that any of the three Tories acted for personal benefit. If there was no effort to line their own pockets, then what? One might imagine that this was just a simple matter of them trying to help political friends in the private sector. When you dig into Sio Silica's network, you quickly find it has a strong Tory flavour. Tuesdays A weekly look at politics close to home and around the world. The Tory trio said they continued to pursue a licence because they believed the project had enormous economic value and that it could become a major part of the PC party's economic legacy from the seven years it was in government. Not one of those explanations comes even remotely close to addressing why they did what they did. Unfortunately, now that Schnoor's work is done, it appears we may never know the real motivations at work. The bigger concern for the current iteration of the PC party is that this scandal may evolve into a millstone with some staying power. Consider that the fines recommended by Schnoor have to be confirmed by a vote in the legislature. That means new Tory Leader Obby Khan and his 19 MLAs will have to vote for the fines — and thereby acknowledge that what the trio did was wrong — or vote against and suffer endless taunts by the Kinew government. It appears one way or the other, Sio Silica will be a political gift for the NDP that will keep on giving for years to come. Dan LettColumnist Dan Lett is a columnist for the Free Press, providing opinion and commentary on politics in Winnipeg and beyond. Born and raised in Toronto, Dan joined the Free Press in 1986. Read more about Dan. Dan's columns are built on facts and reactions, but offer his personal views through arguments and analysis. The Free Press' editing team reviews Dan's columns before they are posted online or published in print — part of the our tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Winnipeg Free Press
21-05-2025
- Politics
- Winnipeg Free Press
Former premier Stefanson, cabinet ministers broke ethics law: investigation
An ethics investigation into allegations the former Tory government tried to get a controversial mining project approved after losing the 2023 election has concluded former premier Heather Stefanson and two of cabinet ministers violated the conflict law and should be fined thousands of dollars. Ethics commissioner Jeffrey Schnoor's 100-page report says Stefanson did not stand to benefit financially from approval of the Sio Silica project, but her efforts to push for a licence to get it approved 'lacked ethical and constitutional legitimacy.' He has recommended she be fined $18,000. Former Spruce Woods MLA Cliff Cullen should be fined $12,000 and current Red River North MLA Jeff Wharton should be fined $10,000, Schnoor wrote. Another sitting MLA, Derek Johnson (Interlake-Gimli), was not in breach of the act, Schnoor's report said. MIKE DEAL / FREE PRESS A new report from Manitoba's ethics commissioner recommends fines for former premier Heather Stefanson, former Spruce Woods MLA Cliff Cullen and current Red River North MLA Jeff Wharton. The conflict of interest complaint was made by the governing NDP over a sand mine proposed by Sio Silica southeast of Winnipeg. On Jan. 12, 2024, the NDP accused then-Tory leader Stefanson, Cullen, Wharton and Johnson of breaking conflict laws in an attempt to approve the proposed sand mine after the party had lost the Oct. 3, 2023 election and during the brief 'caretaker period' before the NDP government was sworn in. While the proposed mine was never approved, questions were raised about whether there was an attempt to violate ethics rules and how new legislation that took effect after that election would be upheld. The report concluded Stefanson and Cullen were aware that the incoming NDP government would've wanted to decide on whether or not to licence the project. She and Cullen agreed to look for options to have the licence approved anyway, and involved Jeff Wharton. 'Their intention was clearly that he act on the option,' Schnoor's report said. 'Ms. Stefanson was aware of the caretaker convention and knew, or should have known, that the attempts to… approve the project licence were contrary to that convention (and) could have resulted in a decision with permanent and significant consequences,' the report said. 'More importantly, those efforts lacked ethical and constitutional legitimacy. I found her repeated dismissal of the caretaker convention in her written representations to me — a convention that is central to respect for the wishes of voters — to be disheartening.' Hundreds of pages of documents, emails and text messages were reviewed and roughly 20 people were interviewed — in some cases twice, Schnoor said earlier. The complaints were based on public statements made by former environment minister Kevin Klein and acting environment minister Rochelle Squires (who both lost their seats on Oct. 3). They claimed they had received separate calls from Wharton on Oct. 12, asking them to approve an environmental licence for the sand-extraction project. Squires said the mining project was described by Wharton as being of significant importance to Stefanson, but because of a conflict, the former premier couldn't direct the approval herself. Wharton, who was re-elected, has denied asking them to issue a licence to Sio Silica or telling anyone that Stefanson had a conflict of interest with the company. Stefanson, through the PC caucus, has denied any conflict. In April 2024, she resigned her Tuxedo seat. After she left office, the NDP caucus asked Schnoor to continue his ethics investigation. Winnipeg Jets Game Days On Winnipeg Jets game days, hockey writers Mike McIntyre and Ken Wiebe send news, notes and quotes from the morning skate, as well as injury updates and lineup decisions. Arrives a few hours prior to puck drop. Sio Silica CEO Feisal Somji has said the company did not ask the then-Tory government to approve the project after the election and before the NDP was sworn in. New conflict of interest legislation — passed by the PCs in 2021 but not in force until Oct. 4, 2023 — gives the ethics commissioner extensive power to receive and investigate complaints from MLAs. Under the old legislation, the only way to hold an MLA to account was for a citizen to go to court. Now, the ethics commissioner can recommend that the legislative assembly impose sanctions if an MLA has contravened the law, including: a reprimand; a fine of up to $50,000; suspension of a member's right to sit and vote in the assembly for a specified period or until a condition imposed by the commissioner is fulfilled; and declaring the member's seat vacant. The new rules broaden the definition of a conflict, so 'a member is in a conflict of interest when the member exercises an official power, duty or function that provides an opportunity to further their private interests or those of their family or to improperly further another person's private interests.' Carol SandersLegislature reporter Carol Sanders is a reporter at the Free Press legislature bureau. The former general assignment reporter and copy editor joined the paper in 1997. Read more about Carol. Every piece of reporting Carol produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press's tradition, since 1872, of producing reliable independent journalism. Read more about Free Press's history and mandate, and learn how our newsroom operates. Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber. Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
