Khan says premier is ‘playing political games’ by ordering inquiry

WINNIPEG — Premier Wab Kinew is ordering a public inquiry into the Sio Silica affair in order to distract Manitobans from “the many failures” of his NDP government, says Tory Leader Obby Khan.

Kinew said in a statement Monday such a probe would “help Manitobans understand” why former Progressive Conservative premier Heather Stefanson and her government pushed for a controversial sand mine after they’d lost the 2023 election and knew the incoming NDP opposed it.

Khan said that Kinew “is playing political games,” and the matter has already been investigated, with findings laid out in former ethics commissioner Jeffrey Schnoor’s 100-page report released in May.

“At a time when Manitobans are dying in hospital emergency rooms, health care is in a shambles and Manitobans are choosing between groceries and Christmas presents, this premier wants to spend millions of dollars on an inquiry,” Khan, who was not made available for an interview, said in a prepared statement.

Kinew said more can be gleaned about transparency and accountability — “the fundamental principles of our democracy.”

Schnoor’s inquiry concluded that after losing the election, Stefanson and then-deputy premier Cliff Cullen tried to get the mine’s licence approved before the NDP government could be sworn in. Then-natural resources minister Jeff Wharton was enlisted to help, disregarding the advice of public servants and violating the caretaker convention, which dictates outgoing parties not enact any consequential legislation while a new government prepares to take over.

Schnoor recommended fines of $18,000 for Stefanson, $13,000 for Cullen and $10,000 for Wharton. Members of the legislative assembly — including Wharton, the only one of the three still in politics — unanimously supported the penalties.

A provincial inquiry would indicate “what must be done to strengthen the rules that protect trust in our public institutions,” said the premier, who was not made available for an interview Monday. His statement did not provide details of when the provincial inquiry will begin, who will lead it and how much it will cost.

One Manitoba political expert says the government should overhaul Manitoba’s lobbying regulations.

There was an extensive lobbying campaign of formal and informal actions by company officials and “for-hire” lobbyists to obtain the Sio Silica licence, University of Manitoba professor emeritus Paul Thomas wrote in the Winnipeg Free Press on May 31 after reading Schnoor’s report.

“Those interactions were persistent, including an evening spent in the corporate suite at a Bomber game by the deputy premier (Cullen), who insisted licence approval was not discussed.”

The report reveals a strong impulse within the former PC government to accommodate the interests and concerns of the company, Thomas wrote. For example, draft wording for the environmental licence was sent to Sio Silica to ensure its regulatory requirements were acceptable.

Sio Silica was asked Monday if it is concerned that an inquiry may impact its efforts to obtain an environmental licence to operate a new sand mining project in Manitoba.

“Sio Silica will co-operate throughout the process, while continuing to work with the government to responsibly develop Manitoba’s silica resource in a way that supports energy and technology job creation and helps drive a new era of economic growth for the Province of Manitoba,” company president Carla Devlin said in a statement.

Thomas warned an inquiry could face a charter challenge if it tries to compel testimony from Stefanson, Cullen and Wharton — who have already been questioned and punished. The Canadian Charter of Rights and Freedoms protects against double jeopardy, meaning you can’t be tried or punished twice for the same offence after a final acquittal or conviction.

» Winnipeg Free Press

Thomas said Schnoor, who recently took a job as B.C.’s ethics commissioner, may decline to testify, and oppose sharing evidence he gathered for his report, which was meant to be final. In that case, Kinew’s inquiry would have to start from scratch, Thomas said.

» Winnipeg Free Press