The Progressive Conservatives are calling for Ontario’s information and privacy watchdog to investigate allegations of document-destruction contained in a $500-million lawsuit against the government.

The Tories revealed Tuesday that their energy critic, John Yakabuski, had written a letter to Information and Privacy Commissioner Brian Beamish regarding accusations made by Toronto-based Trillium Power Wind Corp. As part of its lawsuit against the province, the offshore wind power developer is alleging the government destroyed key evidence – and did so around the same time as the alleged deletion of documents tied to the cancelled gas plants scandal.

“The allegations made by Trillium in its court action are very serious, are supported by documentary evidence in Trillium’s possession and, I submit, are a matter of public interest,” wrote Yakabuski. “I therefore ask that you investigate.”

The Ontario Provincial Police recently began an investigation into allegations of document-destruction made by Trillium against the Ontario government. The New Democrats have also urged the Liberal government to call an inquiry into their handling of energy-sector contracts.

However, the IPC's office told QP Briefing last week that it was not planning to open up its own inquiry.

“The IPC may inquire into complaints related to government-held information and the adequacy of searches in response to freedom of information requests; however, we have not received any complaints regarding these issues and given the OPP involvement we would not investigate,” read an emailed statement.

The IPC's office acknowledged Tuesday that it had received Yakabuski's letter, but said it would still not be conducting an inquiry, and had advised the MPP of that.

"We understand that the OPP is conducting a criminal investigation related to allegations made by Trillium and there is also a civil proceeding before the Superior Court in which the destruction of documents is at issue," read the new statement from the IPC. "Any investigation by our office would have the potential to duplicate or interfere with the efforts of the OPP. Also, the OPP has extensive investigative powers and resources, and we trust they will conduct a thorough investigation. For these reasons, we are not initiating an inquiry."

Trillium is suing the province for $500 million for misfeasance in public office, alleging the McGuinty-era Liberal government specifically targeted the company with a 2011 moratorium on offshore wind power projects.

“As a consequence of documentary disclosure by the defendant and the absence of memoranda, emails and other internal communications emanating from and within the Office of the Premier of Ontario and the Cabinet Office, it has become apparent to the plaintiff that documents have been destroyed and records of communications have been wiped clean or deleted from computers, or assigned a code name to render their retrieval impossible,” states a 2015 legal filing from Trillium.

The government has maintained it was unaware of any OPP investigation; that it has implemented reforms to its record-keeping practices; and that it is taking a responsible approach with offshore wind power. It has also denied the allegations made by Trillium in the ongoing lawsuit.

But Yakabuski’s letter highlights similarities in the allegations made by Trillium and those made in connection with the gas plants scandal.

“As you will recall with the cancellation of the gas plants, the government assigned the code name ‘Project Vapour’ to that file to avoid any records being responsive to a Freedom of Information search,” writes Yakabuski. “As so it appears that the government has utilized the same practice with the offshore wind program. Further, it appears that the government issued a directive to purge all documents related to the government’s offshore wind program just two weeks prior to the announcement of the program’s cancellation.”

The PC MPP’s letter says that it should have be “standard practice” for the government lawyers to direct staff to retain records regarding any litigation.

“In light of the allegations in this particular case, that directive would have also included the Premier’s Office and Cabinet.”

To contact the reporter on this story:
gzochodne@qpbriefing.com
416-212-5913
Twitter: @geoffzochodne

PCs want info commissioner to probe offshore wind document-destruction allegations

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