Probe into flood plan limited by law

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This article was published 03/07/2015 (3219 days ago), so information in it may no longer be current.

Manitoba’s ombudsman won’t have full access to all government documents about a controversial $5-million deal to supply five First Nations with flood-fighting equipment.

Instead, ombudsman Charlene Paquin will get a “description” of what’s contained in cabinet and Treasury Board documents, government spokeswoman Rachel Morgan said Friday.

Morgan said Paquin will be given full access to all Manitoba Infrastructure and Transportation Departmental documents on the matter but, beyond that, she will not be allowed to see or read Treasury Board or cabinet documents.

Milton Sussman, the province’s top civil servant, will provide Paquin a description of what’s in each document, Morgan said.

By law, the ombudsman’s office is not allowed to investigate any decision by cabinet or the Treasury board, the committee that oversees provincial spending.

The scope of the ombudsman’s review was established Friday by the government more than two weeks after it was first promised by Premier Greg Selinger.

On June 18, Selinger said a review by the ombudsman would absolve his government of mishandling a proposal to buy flood-fighting equipment for five Interlake First Nations and would also clear the air regarding the involvement of Infrastructure and Transportation Minister Steve Ashton.

Ashton has been under fire for his involvement in attempting to secure government approval of $5 million worth of water-filled flood tubes or barriers for the Interlake Tribal Council to be used as part of a rapid response to protect about 30 flood-prone First Nations.

Ashton said he has done nothing wrong and has not abused his position as a government minister.

Selinger’s request for the ombudsman review came after the Free Press revealed a government whistleblower raised serious questions about the proposal and alleged Ashton tried to get the deal approved last fall by circumventing the normal Treasury Board approval process.

The anonymous whistleblower also alleged Ashton was in a possible conflict of interest because of his friendship with restaurateur Peter Ginakes, the Manitoba seller of the Tiger Dam flood-barrier protection system.

The Treasury Board considered an untendered $5-million contract for Tiger Dams from the International Flood Control Corporation last Oct. 6, but rejected it, Sussman said in his letter to Paquin.

Sussman also said that on Oct. 9, on the instruction of the premier, he met with Treasury Board and Manitoba Infrastructure and Transportation officials to see that the matter went to tender.

The original Treasury Board submission for the untendered contract for Tiger Dams was pulled by Manitoba Infrastructure and Transportation in November, coinciding with the arrival of the whistleblower’s complaint.

The deal only went to tender Dec. 19. Despite three bids, the cabinet didn’t award the contract.

Ginakes, through his lawyer, Dave Hill, has declined to comment. Ginakes has demanded an apology from Opposition Leader Brian Pallister for comments he made that Ginakes claims damaged the reputations of himself and his sister Phyllis.

The deal, and how it was handled by Selinger, is said to be one of the reasons five ministers resigned last fall in protest of his leadership. Three of those ministers sat on the Treasury Board and refused to approve the deal without it going to public tender.

In the meantime, the tribal council secured the Tiger Dam barriers and trailers last March using $5 million in federal funding. The federal government is reviewing that deal.

bruce.owen@freepress.mb.ca