Latest news with #SioSilica
CBC
26-05-2025
- Business
- CBC
Ex-PC cabinet minister regrets pushing silica mine approval after party's election loss
Jeff Wharton says he thought his actions were in the right when he advocated for the approval of the Sio Silica sand mining project in southeastern Manitoba, but he accepts that the ethics commissioner disagrees in his report.
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
23-05-2025
- Business
- Global News
Manitoba Tory loses critic duties but remains in caucus after ethics probe
Manitoba Opposition leader Obby Khan stripped a Progressive Conservative caucus member of his critic duties Thursday, as questions continued to swirl about the former government's actions related to a proposed silica sand mine. Jeff Wharton, one of three Tories found this week to have violated the province's conflict of interest law, is to remain in caucus but will no longer serve as critic for business, mining, trade and job creation. 'I have removed his critic role in light of this report that came out … and we'll move forward from there,' Khan said. The province's ethics commissioner ruled in a report Wednesday that former premier Heather Stefanson, former deputy premier Cliff Cullen and Wharton, the economic development minister at the time, acted improperly by pushing for an environmental licence to be granted to the Sio Silica mining project after the Tories lost the 2023 election to the NDP. Story continues below advertisement Wharton apologized in the legislature and said he accepted the report's findings. He was not made available to reporters. 'To all Manitobans — and particularly the (people of) Red River North, the constituents that I have the honour to represent every single day — I am sorry. I will do better,' Wharton said. 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 Ethics commissioner Jeffrey Schnoor wrote that despite the election loss, the three Tories tried to get the project approved before the new NDP government, led by Wab Kinew, was sworn in. 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 report said. The project did not get approved, due in part to opposition from bureaucrats and two other Tory ministers. The NDP government formally rejected the proposal months later. Stefanson and Cullen have since left politics. Stefanson, in a prepared statement, said she was only acting to further and protect the public interest. Cullen has not returned requests for comment. Schnoor is recommending fines of $18,000 for Stefanson, $12,000 for Cullen and $10,000 for Wharton. The legislature will vote whether to accept the report. Khan said he will vote in favour and believes his caucus will as well. Story continues below advertisement Kinew said there are still many unanswered questions about the former Tory government's actions that need to be answered. 'Why were they so intent on ignoring the results of the election to improperly further this private interest?' Kinew said. The report said there was no evidence that the three politicians would have gained anything financially had the project gone ahead, but Kinew said the ethics commissioner's ability to delve into any possible financial ties was limited. The premier also pointed to the report's findings that some of what the commissioner was told by the Tory politicians contradicted the evidence. Schnoor's report said the facts he learned 'simply do not support the assertions made by Ms. Stefanson,' including a statement from her that the project was at risk if approval did not come quickly. Schnoor also said Wharton told him about a conversation with Cullen that the commissioner ruled didn't happen. Kinew said there will be more discussion on the issues in the legislature in the days and weeks ahead. 'There's a whole lot of unanswered questions here that really speak to a group in the PC universe, including the former premier, who did some really bad things,' Kinew said. 'So I think there's a lot more that needs to be accounted for.'
Winnipeg Free Press
23-05-2025
- Politics
- Winnipeg Free Press
Khan removes MLA from critic role after ethics breach
Progressive Conservative leader Obby Khan has dumped Jeff Wharton from his shadow cabinet after he violated the conflict of interest act in the dying days of the PC government in 2023. 'When I spoke to MLA Wharton, his reaction was one of remorse and of sincere apology towards me and the party in Manitoba,' Khan told reporters Thursday after the member for Red River North made a public apology in the chamber for violating the caretaker convention that prevents outgoing governments from making major decisions. 'I could see that he felt terrible but he understood my decision,' the newly appointed PC leader said of his decision to remove Wharton from the mining critic role. RUTH BONNEVILLE / FREE PRESS Progressive Conservative MLA Jeff Wharton (Red River North) offered an apology in the chamber for his role in pushing to have the Sio Silica project approved. Wharton did not take questions from reporters Wednesday or Thursday about why he disregarded the caretaker convention and the advice of the clerk of the executive council and urged two cabinet ministers — unsuccessfully — to issue a licence for a controversial sand mine project in Manitoba. In the legislature, Wharton said he committed to ethics commissioner Jeffrey Schnoor that he'd apologize publicly after he, former premier Heather Stefanson and deputy premier Cliff Cullen were found to have violated the conflict of interest act. Schnoor recommended fines of $18,000 for Stefanson, $12,000 for Cullen and $10,000 for Wharton. 'As a minister of the Crown it was my duty to act in the interests of Manitobans, which is what I always endeavoured to do. I took my obligations very seriously during my time in cabinet… I continue to do so today,' Wharton said before parsing a section of the ethics report. 'It is commonplace for members of the legislative assembly — especially cabinet ministers — to take actions to further the interest of others. That's what members and governments are expected to do,' cited Wharton. He skipped the lines in the report that said members must not take such actions if they will 'further the interests of others improperly. 'By attempting to have the project licence issued in the transition period without the consent of the incoming NDP government,' Wharton, Cullen and Stefanson breached the act, the report said. Wharton told the house that the breach occurred because of the timing of his actions while the caretaker convention was relevant. 'I have learned from it, and I am committed to helping others learn from it as well. I apologize for any of my conduct which was found to fall short of my parliamentary obligations or personal standard of ethics.'–MLA Jeff Wharton 'It was never my intention to breach any convention or parliamentary tradition. However, the ethics commissioner has ruled on this matter and I accept that ruling. I fully co-operated with the investigation, I have learned from it, and I am committed to helping others learn from it as well. I apologize for any of my conduct which was found to fall short of my parliamentary obligations or personal standard of ethics… I will do better.' Wharton, the only one of the three to still hold political office, urged Premier Wab Kinew to call a vote on the ethics commissioner's recommended penalties in the legislative assembly. Members must vote on the recommendations within 10 sitting days of the tabling of the report. A simple majority can decide to implement the fines or not. There are fewer than 10 sitting days left before the house rises June 2 for the summer recess until Oct. 1. Kinew refused to hold a vote and settle the matter, demanding the PCs answer questions about breaking the conflict rules, and who stood to benefit from the Sio Silica project being licensed. 'There are serious unanswered questions (about) whether stocks were held by ministers of the Crown,' Kinew told the house. Khan tried to pivot and asked the government to explain problems with the rollout of the $1,500 Homeowners Affordability Tax Credit, but Kinew didn't bite. The premier called on the Tories to answer questions about whether any former cabinet ministers and sitting MLAs held Sio Silica stock through brokerages or third parties. Former MLAs Kevin Klein and Rochelle Squires — who both lost their seats in the Oct. 3, 2023 election — said they were urged by Wharton on Oct. 12 to license the Sio Silica project but refused. Klein said Wednesday that Wharton should resign for breaking the caretaker convention. 'There are serious unanswered questions (about) whether stocks were held by ministers of the Crown.'–Premier Wab Kinew Squires thanked the ethics commissioner for a 'thorough investigation and report.' She said she hoped lessons would be learned 'and the egregious actions outlined in his report are never repeated.' The former cabinet minister said in email: 'politicians are rightfully held to higher moral and ethical standards; everyone loses when our elected officials don't adhere to these principles.' She said she was out of the country and hadn't heard from Wharton but 'would accept the apology alluded to in Schnoor's report. Change begins with accountability.' Neither she nor Klein responded to a request for comment on Wharton's apology. As for the ethics violation, it ranks among the top-10 political scandals in Manitoba history, political studies Prof. Christopher Adams said. The University of Manitoba professor contributed a list of top-10 Manitoba political scandals to a book of lists. While it doesn't rank as high as embezzling funds or alleged drug smuggling, 'if I were writing that list now, I'd put that in the list — maybe No. 8 or 9,' Adams said. He said it's not a good look for the Tories, past or present. 'I think it's an embarrassment for the past premier and members of her cabinet,' he said. And it won't make things easier for Khan, who narrowly eked out a leadership win last month. Adams said the NDP government has been handed fodder it can use for some time against the opposition. 'I think it's an embarrassment for the past premier and members of her cabinet.'–Prof. Christopher Adams It could also set a 'very strong precedent' if MLAs accept the ethics commissioner's report and fines are levied, said a former clerk of the executive council. 'That will make conflict of interest and ethics issues in Manitoba very much like a third rail you do not touch,' said David McLauglin, who was appointed by Brian Pallister, the former premier whose government introduced the new legislation. 'That will make Manitoba's democracy and governance stronger. And that's a good thing,' McLauglin said. 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.
