Manitoba

PC MLA denies trying to push through mining project approval, says he was briefing Manitoba's new government

A Manitoba Progressive Conservative MLA accused by two former colleagues of trying to push through a controversial sand-mining proposal says he called the two departing MLAs to gather information about the planned mine and share it with the incoming NDP government following last October's election.

Jeff Wharton has offered 'confusing' explanations for post-election Sio Silica phone calls: expert

A close-up image of a man's face.
Former PC cabinet minister and current MLA Jeff Wharton insisted he was simply gathering information about the Sio Silica project to provide to the incoming government. (Tyson Koschik/CBC)

A former Progressive Conservative cabinet minister and current MLA is speaking for the first time since two former colleagues accused him of trying to push through a controversial proposal to drill for sand in southeastern Manitoba.

In an interview with The Canadian Press, Jeff Wharton said he called the two departing MLAs simply to gather information about the planned Sio Silica mine and share it with the incoming NDP government, following the PC Party's defeat last fall.

Wharton, who retained his Red River North seat in the Oct. 3 election, has previously denied pressuring Kevin Klein — the first of two former Tory ministers to speak out — to approve the project.

The MLA has since provided statements to media that didn't answer whether he, as outgoing economic development minister, tried to get Klein and Rochelle Squires — the former environment minister and acting environment minister, respectively — to rubber-stamp the proposal during separate Oct. 12 phone calls.

Both Klein and Squires lost their seats in the election.

In a Tuesday interview with the Winnipeg Free Press, Wharton wouldn't confirm or deny whether he tried to twist the arms of Klein and Squires, but argued they broke cabinet confidentiality by discussing the nature of those calls — an argument a veteran political analyst rejects.

Paul Thomas, professor emeritus of political studies at the University of Manitoba, says the saga has left him bewildered.

"Wharton's behaviour is confusing and inconsistent," he said in an email. 

"For whatever reason he seems to have gone out on a political limb and has been sawing off the limb as he has come forward with different descriptions and explanations about what happened and why."

Alleged breach of 'caretaker convention'

On Dec. 27, CBC reported that NDP Premier Wab Kinew claimed the outgoing Tories sought to approve the Sio Silica mine proposal, days after the party lost the provincial election. 

The PCs continued to govern until Oct. 18, when Kinew was sworn in as premier.

Kinew's allegation, if true, would breach a long-standing constitutional practice called the caretaker convention, which forbids outgoing governments from making consequential decisions except in cases of emergency.

An approval of Sio Silica's proposal would face blowback from southeastern Manitoba residents who have raised fears about the potential contamination of their drinking water by the drilling of thousands of wells, a massive mining process that's never been tried on this scale anywhere on Earth.

The Alberta mining company would remove millions of tonnes of sand in an aquifer that serves as a source of drinking water for many.

No licence has been granted and the NDP government is reviewing the proposal.

In the CBC story, Klein corroborated Kinew's allegation that the PCs were trying to breach the caretaker convention. 

A man in a suit and tie speaks into a microphone.
Former PC environment Minister Kevin Klein says he was asked to approve the Sio Silica proposal during the post-election transition period. He said he refused to do so. (Ian Froese/CBC)

Wharton said at the time he did not ask Klein, the minister responsible for the file, to approve the proposal and denied any member of the PC government attempted to do so during the transition period between governments.

"This claim is false. Truly false. I ensure due process is followed," the Red River North MLA said.

Squires wrote a column published Dec. 28 in the Winnipeg Free Press in response to Wharton's comments, where she alleged he made an "unconscionable request."

But this week, Wharton said he was simply looking to collect information across various departments to pass on to the incoming government.

"That's what good governments do. They share information to ensure that we're making informed decisions," he told The Canadian Press.

"And in this case, going forward, we're ensuring this particular project was in a position for the new government to make an informed decision."

Transition overseen by bureaucrats: Thomas

But Wharton's explanation "is not plausible," Thomas said.

There are well-established procedures for the transition process, he said. Most of the information is contained in briefing books prepared in advance, and any discussions are overseen by the clerk of the executive council and other senior public servants, said Thomas — not former government ministers.

Thomas also said the cabinet confidentiality explanation doesn't apply because the issue, according to Klein and Squires, was never discussed in cabinet. Wharton's rationale doesn't hold weight either because the government was defeated, Thomas added.

He also says the only reason Wharton can claim to have observed the caretaker convention is because two former ministers apparently had the political courage to say no.

The caretaker convention is "meant precisely to prevent outgoing governments from making last-minute decisions with major consequences and which are not easily reversible," Thomas said.

A map of southeastern Manitoba, showing Winnipeg and mineral claims to the east, southeast and south of the city.
The areas in yellow demarcate Sio Silica's subsurface mineral claims in southeastern Manitoba, according to documents filed with Manitoba's Clean Environment Commission. (CBC News Graphics)

"The whole episode raises many questions as to motivation and political judgment," he continued.

"Why was the government so determined to push through the sand project, given the declared recognition that if either of the two former ministers complied it would be a serious violation of the caretaker convention?"

The PCs didn't make Wharton available Wednesday for an interview with CBC.

Sio Silica hasn't answered whether it was aware of any efforts to approve its proposal in October.

The company's president said in a statement Wednesday Sio has answered every question a level of government has asked of it.

"Sio appreciates the new government's commitment to evidence-based decision making and we are committed to continuing to work with them to ensure we answer all of their questions during their extensive review," Feisal Somji said in an email.

He said if approved, the mining project would create more than 100 direct and 250 indirect jobs, as well as generating $1.2 billion in taxes for Manitoba over a 24-year period. 

ABOUT THE AUTHOR

Ian Froese

Provincial affairs reporter

Ian Froese covers the Manitoba Legislature and provincial politics for CBC News in Winnipeg. He also serves as president of the legislature's press gallery. You can reach him at ian.froese@cbc.ca.

With files from The Canadian Press and CBC's Bartley Kives, Rosanna Hempel