Manitoba

'Lack of judgment': Manitoba political experts weigh in on Premier's email use

Premier Brian Pallister’s use of his wife’s personal email account for confidential government communication shows a lack of judgment at best and an attempt to circumvent accountability at worst, according to a pair of Manitoba political analysts.

Records obtained by CBC News show Esther Pallister received confidential government information via email

Premier Brian Pallister says millions in subsidies have been paid to Omnitrax by Manitoba, but Ottawa should take lead on next step. (CBC News )

Manitoba Premier Brian Pallister's use of his wife's personal email account to receive confidential government communication shows a lack of judgment at best and an attempt to circumvent accountability at worst, according to a pair of Manitoba political analysts.

"The government's lack of awareness of this is startling. Or, alternatively, they're aware of the importance of confidentiality and they don't care," said Arthur Schafer, a University of Manitoba professor and founding director of the school's Centre for Professional and Applied Ethics.

Freedom-of-information records released July 14 and obtained by CBC News show senior government staff used Esther Pallister as a channel to the premier on multiple occasions.

In one case, an employee emailed her budget material nine days ahead of its release. In another, the premier's principal secretary, Jonathan Scarth, forwarded her a 10-page confidential legal opinion.

The premier has not been made available for interviews on the subject.

Doesn't break cabinet confidence: analyst

Political analyst Christopher Adams said the practice suggests a "lack of judgment," but doesn't break cabinet confidence.

"It would be one thing if he were using an email that was, you know, a shopkeeper's down the street or somebody from the Elk's Club or something like that," Adams said.

"But, I mean, he's obviously using his wife's email account, and he probably still sees that as being confidential with the documents."

But Schafer said the optics of the situation aren't good, and emails could easily have gotten into the wrong hands had Esther Pallister's account been hacked.

"The use of his wife's email, or other non-governmental service providers, appears to be an attempt to avoid accountability," Schafer said.

"One has to ask the question, why was this premier and this government so keen to avoid accountability that they used insecure email providers in order that their communications would presumably not be protected and wouldn't have to be divulged for freedom of information [requests]?"

Hacking happens every day: security expert

The premier's director of communications, Chisholm Pothier, said the issue has already been addressed with the Progressive Conservative government's new policy, which came into effect on July 14, requiring all cabinet ministers to use government-issued phones and email accounts.

"In essence, there was a problem stemming from previous policy that was not identified by a new government on Day 1," Pothier wrote in an email to CBC News.

"It was fixed in fairly short order after it was identified and there was no harm done or threat to the security of government information or the people of Manitoba."

Daniel Tobok, the CEO of the cybersecurity firm Cytelligence, said the premier should have been educated on the importance of secure government infrastructure for communication. Protections offered by free email services don't compare, he said.

"The security there is very minimal. It's made for personal use. I always tell everyone, unless you're prepared for this information to be intercepted and be posted on the front of a newspaper, do not use it for confidential information," he said.

Tobok said user education on the risk of using unprotected communication infrastructure is as critical as using the secured platforms themselves.

"This is not something out of Mission Impossible 8. This happens every single day and it's fairly easy," he said.

Hammering can't continue

Questions about his communication while in Costa Rica have dogged the premier for months, and Adams said they could hurt his public image if he doesn't address them.

"I think that he will make some changes. I don't think he can continue being hammered on this issue much longer," he said.

Schafer said the answers provided by the premier and his office aren't satisfactory.

"The stories that have been provided by the premier and his assistant and various officials of his government, the stories have wandered all over the place. They have been inconsistent," he said.

In the past, the premier has said he prefers face-to-face or phone communication over email, which he has said he only uses in emergencies. A freedom of information request last year could not find any records of email correspondence between the premier and senior staff.​

In May, Pallister told reporters he'd been advised not to provide specific detail on how he communicates for the sake of security. 

"[I've been told] don't outline how you communicate too clearly because it would facilitate those who might try to find out what the confidential information is that you are dealing with," Pallister said at the time.

With files from CBC's Kristin Annable, Dereck Doherty and Aidan Geary