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

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The 11th annual Christmas Stocking Drive hosted by Royal LePage runs now until Dec. 11. (David Sucsy, Getty Images via Metro Creative Graphics)
Chilliwack Realtors asking people to help fill Christmas stockings for kids, seniors

Donations of cash, items needed for Christmas Stocking Drive hosted by Royal LePage

The BC Court of Appeal in Vancouver.
BC Court of Appeal hearing Barry Neufeld’s arguments why defamation suit should go ahead

BC Supreme Court tossed out lawsuit against Glen Hansman a year ago following anti-SLAPP legislation

A new ‘soft reporting’ room is opening inside the Ann Davis Transition Society offices on Dec. 1, 2020 which is thought to be the first of its kind in B.C. (Ann Davis Transitional Society/ Facebook)
First ‘trauma-informed’ reporting room of its kind in B.C. opening in Chilliwack

The ‘Willow Room’ is for reporting domestic violence, sexual, or gender-based violence to police

Trustees Barry Neufeld (left) and Darrell Furgason at a Jan. 29, 2019 meeting. (File photo/ Chilliwack Progress)
Chilliwack teachers respond to trustee’s ableist slurs

Teachers’ association calling for Neufeld to resign, board to censure Furgason

Meaghan Esmeijer delivers fully packed diaper backs to the maternity floor of Chilliwack General Hospital as part of the Southside Church ‘Love them Both’ program. (Submitted photo)
Chilliwack’s Southside Church spreads Christmas cheer with ‘All is Bright’ day

The fifth annual community outreach event happens Nov. 28 with activities throughout Chilliwack

A man wearing a face mask to help curb the spread of COVID-19 walks in downtown Vancouver, B.C., Sunday, Nov. 22, 2020. The use of masks is mandatory in indoor public and retail spaces in the province. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest day of pandemic with 13 deaths, 738 new COVID-19 cases

Number of people in hospital is nearing 300, while total cases near 30,000

(File photo)
Alberta woman charged after allegedly hitting boy with watermelon at Okanagan campsite

Police say a disagreement among friends at an Adams Lake campsite turned ugly

Court of Appeal for British Columbia in Vancouver. (File photo: Tom Zytaruk)
B.C. woman loses appeal to have second child by using late husband’s sperm

Assisted Human Reproduction Act prohibits the removal of human reproductive material from a donor without consent

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

File photo
Surrey RCMP investigating death threat against Surrey councillor

‘On Monday morning I received a threat on messenger that basically said to put a bullet in me,’ Councillor Jack Hundial told the Now-Leader

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
B.C. mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

Barrels pictured outside Oliver winery, Quinta Ferreira, in May. (Phil McLachlan - Black Press Media)
B.C. Master of Wine reflects on industry’s teetering economic state

Pandemic, for some wine makers, has been a blessing in disguise. For others, not so much.

Most Read