Larry's Gulch list was altered 'with intent to conceal information'

Two former Tory deputy ministers altered the 2013 guest list of the taxpayer-funded Larry's Gulch fishing lodge "with intent to conceal information," New Brunswick's access to information commissioner has found, but she is not recommending that any charges be laid.

"The commissioner felt it more important, given that this was a first case for New Brunswick, to inform the public service, as well as those external to government, that erasing, destroying, altering or concealing a public government record or any of its contents, would not be tolerated in the future," a statement from Anne Bertrand's office said.

Bertrand was unavailable for an interview on Thursday, but the results of her independent investigation into the matter were made public.

She concluded the officials in question were acting on a request by a newspaper editor who wanted some of his personal information removed from the list before it was made public by the Department of Tourism, Heritage and Culture under an access to information request in March of 2014 — despite the fact that the guest list had already been released.

The report does not name the individuals involved. It identifies them only by their positions — the deputy minister of tourism and the deputy minister of communications.

"Given the public's anticipated interest in this report and the fact that it will be widely distributed, we believe that there is no added value in naming these individuals just for the sake of naming them, as the public is already aware of their identity," it states.

Bertrand found no fault with other officials at the department at the time, but reiterated that the government must respect the public's right to know.

If any information is withheld from the public, government officials have the statutory duty to explain why it is not being disclosed, she stressed in her 39-page report.

Bertrand recommends the Department of Tourism adopt a practice that will ensure the accuracy, completeness and integrity of the Larry's Gulch guest list released at the end of each season, "by highlighting, with explanations as necessary, any additions or corrections."

Carefully timed 'smokescreen,' says Tory MLA

Progressive Conservative MLA Ted Flemming downplayed the report's findings in a written statement.

"We have nothing to add as this entire episode was a carefully crafted and timed smokescreen to draw attention from the Auditor General's preliminary report on the Atcon fiasco," the statement said.

Auditor General Kim MacPherson found the Liberal government of Shawn Graham showed "a very troubling disregard for taxpayers' money" when it approved several large loan guarantees for the Atcon group of companies.

Politicians ignored the expert advice of civil servants, which ended up costing taxpayers more than $70 million following Atcon's bankruptcy in 2010, MacPherson said.

"The taxpayers of New Brunswick will be curious to learn how much this (Larry's Gulch) exercise will cost as well as the cost of the private investigator hired by the provincial government," said Flemming, referring to the retired RCMP officer who is also investigating alleged misuse of the fishing lodge.

Bid to 'hide the truth'

Bertrand found the deputy minister of tourism, in concert with the deputy minister for communications, "directed department staff to alter information found in an official government record, i.e., the department's 2013 guest list, with the intent to conceal information and evade access to that information.

"In other words, in order to hide the truth," the report states.

"The actions of the DM for communications and the department DM were surprising given all the solid advice that surrounded them in not proceeding with their plan.

"Nonetheless, they point to a certain level of arrogance in believing it was permissible to alter a government record to conceal some of its information, without fear of repercussions, rather than an intention to commit an offence."

Bertrand notes their actions did, however, constitute an offence under the Right to Information and Protection of Privacy Act and could result in a maximum fine of $10,200.

Editor resigned

Larry's Gulch is located on the Restigouche River in northwestern New Brunswick.

A senior editor for the Moncton Times & Transcript, Murray Guy, accepted a free trip there in 2013 with Daniel Allain, the chief executive officer of NB Liquor.

Government records treat the 2013 trip as a private reservation by an outside customer. The guest lists for private reservations aren't released to the public.

But NB Liquor's 2012 and 2014 bookings at the resort were treated as public bookings, and they show up that way in records released to the media. All the guest names are listed.

"The DM for communications wanted to do a favour for an editor friend, and the Department DM took it upon himself to protect the interests of NB Liquor on the basis it was paying more money than others to attend the lodge," Bertrand's report states.

"In our view, both these reasons to arrive at the decision to alter a government record to avoid disclosing its true contents were not only unsuitable, they were unlawful, as these deputy ministers knew, or ought to have known, that their reasons failed ot meet the established test for disclosure."

Guy, who was the newspaper's assistant managing editor, ended up resigning, Brunswick News announced in February, following an internal ethics investigation.

Al Hogan, the managing editor of the Moncton Times & Transcript, "is no longer employed by Brunswick News," it said.

And John Wishart was demoted from his position as editor of the Telegraph-Journal to the editor of its editorial and opinion pages.

Last month, the government announced Larry's Gulch would be opened to all New Brunswickers via an online draw.

Anyone interested in a summer visit can pay a $10 application fee and put their name in by July 13.

Eight names will be drawn and those winners and a guest can stay at Larry's Gulch from August 22-24. They will be provided with fishing gear, guides, meals and accommodations free of charge.