Premier Christy Clark has been under fire in the legislature for the lack of records kept by her senior political staff and ministers.

Premier Christy Clark has been under fire in the legislature for the lack of records kept by her senior political staff and ministers.

BC VIEWS: The silence of the email servers

Health ministry contractor firings case illustrates lack of paper trails in Premier Christy Clark's government

VICTORIA – Premier Christy Clark’s government has been steadily backed into a corner on its apparent deletion of emails involving sensitive government topics.

A week-long barrage of accusations by the NDP opposition peaked with their most damning evidence of a cover-up, in the long-running case of eight health researchers suspended or fired from drug approval studies.

Most have been paid settlements or reinstated after the biggest personnel management blunder in memory. One committed suicide.

We are now into a second independent review of this tragic case, after an independent lawyer was unable to determine what went wrong, because she couldn’t compel testimony or demand records. It is now in the hands of B.C.’s new Ombudsperson, Jay Chalke, who has that authority.

Everyone agrees that the deputy health minister of the day, Graham Whitmarsh, was legally responsible for the decisions and records. Yet somehow the only record released to the NDP for the two-year period of the firings and subsequent investigation was a heavily blanked-out update from his successor, Stephen Brown, to the premier’s deputy, John Dyble.

It refers to an “update on litigation resolution from investigation,” the substance of which is blanked out, and offers to discuss the situation by phone.

Here’s an exchange between NDP MLA Adrian Dix and Citizens’ Services Minister Amrik Virk:

Dix: “Can the minister explain why the Office of the Premier, the Deputy Minister to the Premier, has no records and why the successive Deputy Minister of Health had one record over two years?”

Virk: “The suggestion from the member opposite that there are no documents is false…. There are more documents now that the Ombudsperson has conduct of the matter and is undertaking a comprehensive review. I fully expect that he will do a comprehensive review and will consent to the release of more documents.”

There will be more sound and fury over this, but only Chalke’s report can provide new information. And even then, the damage is done, settlements and non-disclosure deals have been signed, and Clark and Health Minister Terry Lake have formally apologized.

The larger issue is how freedom of information legislation should work. Should the opposition be able to second-guess decisions of bureaucrats by going through their emails?

The traditional answer is no. Elected officials are responsible, even if they had no actual role, as should always be the case in hiring and firing ministry staff and awarding government work contracts. The buck stops with Lake and Clark, not their deputies.

There are sound reasons for this. Consider another sensitive decision, to shoot wolves from the air in a last-ditch effort to preserve dwindling mountain caribou herds.

Protesters, pop stars and politicians can sound off as they like, but these hard decisions are made and carried out by wildlife experts working for or consulted by the province. The minister, in this case Forests Minister Steve Thomson, authorizes the use of helicopters and rifles and takes the political consequences.

One can imagine the agonizing discussion that goes on behind the scenes, as provincial and First Nations wildlife experts watch caribou herds dwindle despite widespread habitat protection efforts. They not only make the technical call, they have to pull the trigger.

Would wildlife biologists be able to provide frank advice for or against this decision if they knew their names and opinions could later be used in a political battle in the legislature and in the streets?

No. And can you run a public service if everyone is subjected to the scrutiny that only politicians choose to endure? No.

Tom Fletcher is legislature reporter and columnist for Black Press. Twitter: @tomfletcherbc Email: tfletcher@blackpress.ca

Just Posted

Environment Canada has issued a special weather statement, stating that Nanaimo will see temperatures between five-10 degrees above seasonal the next two days. (News Bulletin file)
Environment Canada has issued a special weather statement, stating that Nanaimo will see temperatures between five-10 degrees above normal the next two days. (News Bulletin file)
Heat wave will see Nanaimo temperatures rise 5-10 degrees above normal

Sun with highs of 28 C forecast by Environment Canada for Harbour City on Sunday and Monday

According to a staff report, Regional District of Nanaimo has seen some $13.6 million in grant applications approved between Jan. 1 and May 15. (News Bulletin file)
Close to $14 million in money granted to RDN in first half of year

Successful grants include more than $4 million for transit service in Regional District of Nanaimo

A section of the rail corridor on Vancouver Island. (Black Press file photo)
LETTER TO THE EDITOR: Put rail trail right overtop of the tracks

Removing tracks would be a horrendous expense, says letter writer

District of Lantzville Mayor Mark Swain, left, and Snaw-Naw-As Chief Gordon Edwards sign a memorandum of understanding outside Snaw-Naw-As Market on Friday, June 18. (Greg Sakaki/News Bulletin)
Lantzville and Snaw-Naw-As sign memorandum of understanding

District and First Nation create joint working group

Things are looking up for Vancouver Island as zero COVID-19 cases have been reported for the first time since October. THE CANADIAN PRESS/Darryl Dyck
Island records zero new COVID-19 cases for the first time since October

For the first time since October, the province is reporting zero new… Continue reading

Robin Dutton, left, and Peter Sinclair are taking their mountain bikes and travelling down trails in the Mount Benson area June 19 as part of a 24-hour fundraiser benefiting Loaves and Fishes Community Food Bank. (Karl Yu/News Bulletin)
Full-day mountain bike fundraiser gives financial support for Nanaimo food bank

Event part of Loaves and Fishes Community Food Bank’s Food 4 Summer campaign

(V.I. Trail/Google Maps)
Now 90% complete, Vancouver Island trail forges new funding partnership

Victoria Foundation takes on Vancouver Island Trail Association; fund valued at $40,000

Emily Steele holds up a collage of her son, 16-year-old Elijah-Iain Beauregard who was stabbed and killed in June 2019, outside of Kelowna Law Courts on June 18. (Aaron Hemens/Capital News)
Kelowna woman who fatally stabbed teen facing up to 1.5 years of jail time

Her jail sentence would be followed by an additional one to 1.5 years of supervision

Cpl. Scott MacLeod and Police Service Dog Jago. Jago was killed in the line of duty on Thursday, June 17. (RCMP)
Abbotsford police, RCMP grieve 4-year-old service dog killed in line of duty

Jago killed by armed suspect during ‘high-risk’ incident in Alberta

The George Road wildfire near Lytton, B.C., has grown to 250 hectares. (BC Wildfire Service)
B.C. drone sighting halts helicopters fighting 250 hectares of wildfire

‘If a drone collides with firefighting aircraft the consequences could be deadly,’ says BC Wildfire Service

A dose of the Pfizer-BioNTech COVID-19 vaccine is pictured at a vaccination site in Vancouver Thursday, March 11, 2021. THE CANADIAN PRESS/Jonathan Hayward
NACI advice to mix vaccines gets varied reaction from AstraZeneca double-dosers

NACI recommends an mRNA vaccine for all Canadians receiving a second dose of a COVID-19 vaccine

A aerial view shows the debris going into Quesnel Lake caused by a tailings pond breach near the town of Likely, B.C., Tuesday, Aug. 5, 2014. THE CANADIAN PRESS/Jonathan Hayward
Updated tailings code after Mount Polley an improvement: B.C. mines auditor

British Columbia’s chief auditor of mines has found changes to the province’s requirements for tailings storage facilities

A North Vancouver man was arrested Friday and three police officers were injured after a 10-person broke out at English Bay on June 19, 2021. (Youtube/Screen grab)
Man arrested, 3 police injured during 10-person brawl at Vancouver beach

The arrest was captured on video by bystanders, many of whom heckled the officers as they struggled with the handcuffed man

Most Read