Liquor Liebranos Lawyers Lawsuits and Looney Tunes Inspired and Promoted by the Crown Corp Commonly knows as the CBC

Brian Harriman, the president and chief executive officer of NB Liquor, has questioned the value of paying someone to handle right to information requests. (CBC)

https://www.scribd.com/document/325807141/A-Perfect-Storm-of-Bitching-Liebrano-Lawyers

September 26, 2016 

File Reference: SM001973-141

Clarence L. Bennett

Direct Dial: 506.444.8978

Direct Fax: 506.444.8974

cbennett@stewartmckelvey.com 
 
Via Registered Mail and Email  

 Attention: Anne E. Bertrand, Q.C.

Office of the Access to Information and Privacy Commissioner 

65 Regent Street, Suite 230 

Fredericton, NB E3B 7H8 

"Dear Ms. Bertrand: 

Re: Complaint Matter: 2015-2726-AP-1506 Public Body: New Brunswick Liquor Corporation ("NB Liquor") Applicant: Canada Broadcasting Corporation (the “Applciant”) Your Recommendation dated September 22, 2016

INTRODUCTION 

The following is further to your office’s “Recommendation” dated September 26, 2016 (your “Recommendation”). 

Our client takes this opportunity to address a number of assertions in your Recommendation".

 "We further pointed out, in our April 20, 2016 letter, that the request does not comply with section 8 of the RTIPPA as it does not specify the record requested nor does it provide sufficient particulars for NB Liquor to identify the relevant records. Further, we indicated that, and as confirmed by the Applicant himself in telephone conversations with Mr. Barbour, the request was in the form of a fishing expedition, a purpose specifically denounced by Justice Clendening in Murray v. New Brunswick Police Commission, 2012 NBQB 154."

 https://www.scribd.com/document/325821829/2012-06-19-Andre-Murray-Robertson-JA

 DUHHH? The NB Liquor CEO's lawyer wants to use this judgement against CBC's Fishing Expedition long after she covered up the CEO's political bosses' Fishing Bullshit in Larry's Gulch. More importantly this is years after the court used this decision to save both lawyers against Evelyn Greene's lawsuit. WOW how dumb is that?

 http://davidraymondamos3.blogspot.ca/2016/09/the-secretive-anne-bertrand-qc-versus.html

METHINKS THE LAWYERS SHOULD READ THE DECISION IN MS GREENE'S MATTER AS WELL EH?

https://cases.legal/en/act-ca1-51961.html

http://www.cbc.ca/news/canada/new-brunswick/david-coon-nb-liquor-1.3783527

David Coon calls NB Liquor's legal threat to commissioner 'Looney Tunes'

Green Party leader says this is an example on why commissioner Anne Bertrand should have broader powers

By Philip Drost, CBC News Posted: Sep 29, 2016 10:00 AM AT

'This is just looney tunes' 0:43 

Green Party Leader David Coon says NB Liquor's legal threat to the province's information commissioner over her damning report is "extraordinarily bizarre."

NB Liquor sent Anne Bertrand, the province's independent information and privacy commissioner, a letter from an outside law firm after receiving her report.

Bertrand's office has since also hired outside counsel.

"This is just Looney Tunes," said Coon, the Fredericton South MLA, on Thursday.

"This is a public body, and they're spending money on outside lawyers to initiate legal action. It doesn't make any sense."

NB Liquor refused to give information to CBC News about its growler program under the right to information act, which was then appealed to Bertrand's office

Bertrand filed her report into her investigation last week.

Coon told Information Morning Fredericton on Thursday that Bertrand is facing legal action for simply doing her job right.

He said Finance Minister Cathy Rogers, who is the cabinet minister responsible for NB Liquor, needs to step in and tell the liquor corporation to stop.

NB Liquor refused to give information to the CBC about its growler program, which led to a report from information commissioner Anne Bertrand. (CBC)

"It's time she sent clear direction to NB Liquor that says back down, give up any thought of pursuing legal action, and comply with the recommendations of the right to information commissioner," said Coon.

"This is a public agency of government, it's not private enterprise."

Coon said the battle is bigger than just one right to information request.

He said right to information is fundamental to the healthy functioning of a democracy, and anyone can make use of it.

"It doesn't matter who is asking for the information, or why they're asking for it," said Coon.
"There are lots of times when people may find there is information they need to seek."

Changes to act

Coon said there are some changes he would make to the right to information system. He said the commissioner needs to have more power.

"The right to information commissioner needs to have the authority to order information released. Right now she can only make recommendations," he said.

Coon also said the last time changes were made to the act, more information got excluded as it became classified as advice to a minister.

"Originally the notion was, and it's quite fair, that a public servant giving advice to a minister on a matter should be protected," said Coon.

"But now just about anything under the sun can be attached to advise to a minister including consultant reports and background material and research gets thrown into that and it's really narrowed what one can get when making right to information requests."

Information Morning - Fredericton

David Coon - RTI Fight

13:17 13:17

The provincial government has said they will be making changes to the right to information law this fall.

Coon said he isn't sure what those changes may be, but thinks it could be just "basic housekeeping."

Last year, Liberal cabinet minister Victor Boudreau suggested the money used to answer right to information requests could be better spent on front-line services.

NB Liquor's president has also been critical of the province's information law.

Harriman has said the money being spent on outside lawyers may be worth it if it forces change in how the right to information law is used.


To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.

By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.

78 Comments

 Shawn McShane

@Phil Peters "Whenever the people are well-informed, they can be trusted with their own government. Whenever things get so far wrong as to attract their notice, they may be relied on to set them to rights." - Thomas Jefferson

So our challenge is to make sure "the people are well-informed" so that we can set things right. That is why the government doesn't like Freedom of Information requests. We should be very angry. CBC needs to report the truth and that goes all the way to Trudeau.

  David Raymond Amos

@Shawn McShane How can you be well informed as to who to trust when you cannot trust the Crown Corp commonly known as CBC/Radio Canada particularly when its ignores its non partisan mandate and refuses to even report who is is running for public office five times in a row???

The real question will the CBC also block this comment as per their MO? They should not I am posting in my true name and the link I provide is to CBC's own website. Correct Alex Johnston?

http://www.cbc.ca/news/canada/new-brunswick/fundy-royal-riding-profile-1.3274276

Phil Peters
@Barbara Canuski
It has nothing specific to do with money. You must be trying to hit a nerve by saying that. Not everything is about corruption and investigating wrongdoing. It is about information access-- all sorts of information. The stuff that shows intent and reasoning. That's the sort of thing that can lead us to understand the hows and whys of decision making which, it must be said, has become alarmingly opaque. Who knows where recommendations originate any more and how they come to be government policy?

Gotta admire David Coon. He continues to be the bright spot in NB politics. If he led a party made up of capable like him it would be our best choice for progressive change by quite a wide margin. Calls it like it is every time

David Raymond Amos

@Phil Peters David Coon is a player like all the rest

Barbara Canuski

@Mike Smith Believe it or not, but I am not an MLA, politician or anything like that. Just a really ticked off NBer who is baffled by this decision of NBLCC.

David Raymond Amos

@Barbara Canuski FYI Ticked off NBers are my amongst favourite people. If you are not ticked off then you are not paying attention and you are suffering through government you deserve.


Phil Peters

@David Raymond Amos

What's the game you are referring to?

 David Raymond Amos

@Phil Peters Politicking Read my other response to you If and when CBC allows it

David Raymond Amos

@Phil Peters As a man who has run as in 5 elections thus far an Independent I strongly disagree with your opinion on Independents. I have said many times (even during a televised debates that CBC did not report about) when the question was asked of me that there is no democracy when the votes within a party are whipped. Listen to me say it at the just before the 50 minute mark of this debate.

https://www.youtube.com/watch?v=-cFOKT6TlSE

BTW I crossed paths with Bernie Sanders the Independent Congressman and the "US economic Tzar" Robert Reich in 2002 when he was teaching at Harvard with Iggy and seeking the Democrats' nomination to run against Mitt Romney while I was suing Tom Riley the Attorney General of Massachusetts, the high priest Cardinal Law, 3 US Treasury Agents and legions lawyers about money within two lawsuits. I also to name but a few that you just mentioned.truat that crossed paths bigtime with Reich's old boss Prez Obama, Ralph Nader, their old buddy Noam Chomsky and his lawyer pal Paul Saba in 2004 before I ran in the election of the 38th Parliament
Mike Archibald
@Phil Peters Switzerland is the only actual 'democracy' in the world, although at least nordic countries have some semblance of representation.

In Switzerland at every level of government, the people can force referenda on any issue, even the constitution. So, for example, when hearing stories like this, we could be online forcing a referendum on anything from:

1. Making it law that a crown corporation cannot sue without prior authorization from the legislature.

2. Adding financial penalties to employees of crown corporations when they act 'above the law' or fail to accede to rti requests.

3. Forcing crown corporations to make all such program information public in annual reports so that requests are not needed.

Then, in switzerland, or in half of the US states which have citizens initiatives (or in bc, which forced one on the hst) the government would either introduce the legislation themselves, or a referendum would be held to decide the matter.

That is how a 'democracy' would work, and yes it does exist in the world-and actually has for longer than Canada has been a country

David Raymond Amos
@Mike Archibald Remember when you tried to debate me anonymously on April Fools Day 2006 within Chucky Leblanc's original blog after I ran in the election of the 39th Parliament? That blog still exists for anyone to review.

How about when I called you years later and you deleted your entire blog afterwards. Yet you still go on and on within Chucky's and the CBC's domains EH?

Well lets debate again. First Switzerland is a poor example of an actual democracy when it is in fact a very well armed camp at the same time. Furthermore it has provided guards to protect the Vatican State for hundreds of years and that Sate has no democracy whatsoever.

More importantly.Switzerland provides a haven for Banksters and their secretive crooked clients. Remember when UBS got caught putting pallets of brand new Yankee cash in Iraq for the benefit of Paul Martin, Bob Rae's and Jean Chretien's friends in Power Corp? Then there is the FSB Chaired by Mark Carney Governor of the Bank Of England formerly Governor the Bank of Canada and a former partner of. Goldman Sachs. Need I mention to the all knowing "Mikel" the Bank of International Settlements etc?

I will respond to your other arguments with Phil Peters within ROUND TWO
  David Raymond Amos
 (Page  closed to commenting.as i clicked submit)
 @Mike Archibald ROUND TWO

1.  A mindless Crown Attorney tried that trick with mean old me in Federal Court (Docket 3 T-1557-15) and failed bigtime. Anyone can sue anyone for libel (and demand a jury as well) without permission from the Crown. The beef is between the dude who happens to be the CEO of NB Liquor and the woman who happens to be a Privacy Commissioner. However the taxpayer should not have to pay their private lawyer fees.

2.. Your point makes no sense to mean old me. Hence I see nothing to argue other than to say if you catch a crook they should be FIRED and prosecuted.

3. That is the way it supposed to be already.DUHHH???

  Mike Archibald
@Phil Peters I only halfway agree with that. As an 'independant' Mr. Coon does a good job, he's certainly not the only one making those kinds of statements. The People's Alliance often say the same things, as does the NDP. The media typically goes to Mr. Coon the same way they went to Elizabeth Weir.

And like Ms. Weir, Mr. Coon does little for the Green Party. The Green Party would benefit directly from changing to a proportional representation electoral system, yet like the conservatives he demands a referendum, when he knows that the liberal and conservative voters will kill the rights of voters just like they have in other provinces.

That shows that like Ms. Weir, he is more interested in keeping his own seat than in growing the party and getting a fair electoral system. 

All Mr. Coon is saying here is what everybody already knows, its bizarre that you are congratulating him for it

  David Raymond Amos

 @Mike Archibald Talk of Looney Tunes and the all knowing wackos are sure to appear. What is truly bizarre is that one Chucky Leblanc's best blogging buddies is slamming another one of Chucky's buddies inside their beloved CBC Domain. Now that is truly comical.

FYI At least CBC must know Coon is NOT an Independent. He is in fact the LEADER of a Provincial Party and Deputy Leader of a FEDERAL Party N'esy Pas Mikel???


David Raymond Amos
@Mike Archibald I got bored waiting over an hour to see if the CBC moderators would alow my comments to be posted thonght. So while waiting I did a blog with a true tally of all my comments since the Governor General's daughter was hired and made me register in my true name again.. I just gave up on waiting for the CBC people to do their job or not for tonight. I will check to see what was posted and what was not tomorrow. In the "Mean" time if this comment is posted feel free to compare what you can see to what you cannot.

http://davidraymondamos3.blogspot.ca/2016/09/this-tally-of-my-comments-in-crown-corp_29.html

  Leonard Jones

If Mr. Harriman is unable to fulfill the requirements of his role, then perhaps he should step down. It is now obvious that he has something to hide.

  David Raymond Amos

@Leonard Jones I thought you were dead?

  David Raymond Amos

@Leonard Jones BTW I agree with your ghost. Enjoy

http://davidraymondamos3.blogspot.ca/2016/09/liquor-liebranos-lawyer-lawsuits-and_29.html

 http://www.cbc.ca/news/canada/new-brunswick/lawsuit-access-to-information-professor-1.3781186

NB Liquor lawsuit may undermine confidence in accessing information

Journalism professor Fred Vallance-Jones says public bodies need to see importance of access to information

By Karissa Donkin, CBC News Posted: Sep 28, 2016 6:00 AM AT

Access to information and privacy commissioner Anne Bertrand has slammed NB Liquor for having a "culture of secrecy." (CBC

The threat of a lawsuit against New Brunswick's information commissioner could undermine confidence in the province's freedom of information system, according to a journalism professor.

NB Liquor has threatened access to information commissioner Anne Bertrand with legal action after she issued a scathing report about the agency's handling of a CBC News right to information request.

"What you're basically doing is you're questioning the legitimacy of the entire process," said Fred Vallance-Jones, who teaches at the University of King's College in Halifax.

"You're now saying that we won't accept the role of the commissioner in doing her job. That's a pretty serious step to take."

In her report, Bertrand said NB Liquor "considered itself above the law" in handling the request and goes on to detail a "culture of secrecy" at the Crown corporation.

Brian Harriman, the president and chief executive officer of NB Liquor, has denied the agency broke any rules in handling the 14-month-old request, which asked for records that would explain how NB Liquor decided to continue its Growler beer pilot project.

'What you're basically doing is questioning the legitimacy of the entire process.' - Fred Vallance-Jones, journalism professor

NB Liquor sent a lawyer's letter to Bertrand's office, which says her report includes statements "made gratuitously, solely to embarrass NB Liquor" and some of its employees, "and therefore have been done in bad faith."

The province's Right to Information and Protection of Privacy Act protects the commissioner from legal proceedings "unless it is shown that he or she acted in bad faith."

Bertrand's office cancelled an appearance on CBC News on Tuesday and has not responded to a request for comment.

Commissioner can't make orders

 

NB Liquor president and CEO Brian Harriman has questioned the value of paying someone to handle right to information requests. (CBC)

Bertrand's report on NB Liquor stands out to Vallance-Jones because of the tone.

"This is one of the most scathing reports I've read from any of these commissioners' offices across Canada," he said.

In other provinces, such as Ontario and Prince Edward Island, Bertrand would have the power to order NB Liquor to do what she asked in the report.

But New Brunswick only gives the commissioner the power to make recommendations and a public body can choose to ignore them.

In an interview earlier this week, president and CEO Brian Harriman said filling right to information requests is becoming a "financial burden" on public bodies.

He also questioned the value of paying someone to handle right to information requests.

"The spirit and intent is right, but the current iteration of that [right to information] system has grown to a point where I think it's wasteful [of] taxpayer money," he said.

'A central tenent of our democracy'

 

Vallance-Jones regularly files freedom of information requests and releases an annual audit of how public bodies perform when it comes to providing information.

He said public bodies need to treat right to information as part of doing business.

"This is not some trivial little thing that you do on the corner of your desk while you do other things," he said.

"This is a central tenet of our democracy. People have a right to know how the government is spending their money, how it is administering its programs."

If that costs extra, Vallance-Jones said public bodies need to pay the expense, like it would to fulfil any other right.

"If you're a public agency, transparency is central to your business. Period."

 http://www.cbc.ca/news/canada/new-brunswick/nb-liquor-lawsuit-information-commissioner-1.3780552

CBC Investigates

NB Liquor threatens to sue information commissioner over report

Legal threat comes after Anne Bertrand issued a scathing report, accusing NB Liquor of acting 'above the law'

By Karissa Donkin, CBC News Posted: Sep 27, 2016 12:09 PM AT

NB Liquor threatens lawsuit after being criticized for secrecy 2:01

NB Liquor has threatened to sue the province's access to information commissioner over a damning report that concludes the Crown corporation "considered itself above the law" in processing a routine right to information request from CBC News.

The liquor corporation issued an unprecedented legal threat to commissioner Anne Bertrand on Monday, accusing the independent officer of issuing a "slanderous" report and "acting in bad faith."

Her report details a "culture of secrecy" at NB Liquor, describing how the public body treats right to information requests as "an unnecessary inconvenience or irritant," even though the law says otherwise.

"It became immediately obvious to us that NB Liquor at its highest management level did not care to recognize the relevance of the [right to information] legislation or the impact of its approach in this case, especially to the oversight office tasked with ensuring the law is well applied and followed," Bertrand wrote.

Brian Harriman, the president and chief executive officer of NB Liquor, denies the Crown corporation broke the law.

"Trying to characterize our actions as being arrogant or disinterested or not acting in good faith is, I think, completely unfair," Harriman said in an interview.

'At NB Liquor, requests received under the Act are not considered a priority; they are seen as an unnecessary inconvenience or irritant.' - Commissioner's report

NB Liquor's lawyers sent a letter to Bertrand on Monday, advising her of the "intent to pursue legal action."

The letter, sent by Stewart McKelvey lawyer Clarence Bennett, says the commissioner's report contains "blatant falsehoods, conjecture, defamatory comments, and baseless accusations."

"Such statements have no basis in fact, are well beyond the commissioner's statutory mandate and have been made gratuitously, solely to embarrass NB Liquor and certain of its employees and therefore have been done in bad faith," the letter says.

That prompted Bertrand to cancel scheduled interviews about her report on Tuesday with CBC News. Her office hasn't responded to further requests for comment.

The province's Right to Information and Protection of Privacy Act protects the commissioner from legal proceedings "unless it is shown that he or she acted in bad faith."

When asked what he would say to critics who may suggest he's trying to silence the commissioner, Harriman said the Crown corporation has been "very transparent."

"I think the truth of the matter is we have a great story to tell about everything that's happening at NB Liquor," he said.

​A spokeswoman for Finance Minister Cathy Rogers, the minister responsible for NB Liquor, declined comment because the issue could potentially go to court.

A 14-month fight

 

CBC News has spent 14 months fighting for information on how NB Liquor decided to keep its Growler pilot project. (CBC)

The saga began more than 14 months ago, when CBC reporter Daniel McHardie filed a right to information request, asking for records that would explain NB Liquor's decision to continue its Growler pilot project.

NB Liquor refused access, saying there are too many records and releasing them would harm "third party business interests."

CBC News appealed the decision to Bertrand's office.

During her investigation, Bertrand asked the Crown corporation to provide a list of relevant records to decide what can be released.

"NB Liquor refused to do so and instead, NB Liquor instructed outside legal counsel to send us a letter advising that processing the records would unreasonably interfere with NB Liquor's operations," Bertrand wrote in her report.

In detailing two meetings she had with management at NB Liquor, Bertrand wrote that officials "boasted" about guarding confidential information from craft beer producers, "despite any statutory obligations" under the law.

She found the request from CBC News was not too broad or unreasonable and questioned whether NB Liquor ever conducted a "full search" for the records.

CBC News has still not received these records.

A 'financial burden'

 

Bertrand's report raised questions about NB Liquor's openness in her report. (CBC)

Bertrand's report, issued last week, is called, "A case about what not to do when receiving and processing a request for access to information submitted under the Right to Information and Protection of Privacy Act."

That title drew the ire of NB Liquor's lawyers, who cited it as evidence of "bad faith."

"The statement is juvenile, with the sole intent of humiliating NB Liquor and is unsupported by the facts — actionable bad faith."

Bertrand's report goes on to say that NB Liquor wasn't open and transparent and "considered itself above the law."

The public body failed to co-operate with her investigation and "failed to issue a response that was lawful, meaningful, or made sense as required by law," the report says.

In an interview on Monday, Harriman rejected the commissioner's findings, saying the CBC request was too broad.

"We seem to have a disagreement on what satisfies the request," he said.

He also questioned the value of the province's right to information legislation, describing it as a "financial burden" for public bodies to meet RTI requests.

"The spirit and intent is right and I think we are obligated to meet those requests," Harriman said.

"But when you have people in departments who are solely focused on answering [right to information] requests, in light of the fact we have many other financial challenges in the province, I'd question if that's a good use of money."

Thousands spent on lawyers

NB Liquor has spent at least $6,000 on hiring lawyers to challenge Bertrand. (CBC)

When asked if that is a good use of taxpayer money, Harriman said he hoped to resolve the case in "a non-legal fashion."

"At this point in time, I'd like to reserve an answer on that one until we know further how we're going to proceed," he said.

The letter from NB Liquor's lawyer doesn't mention anything specific Bertrand should do to avoid legal action.

Do you have a tip for CBC's Atlantic investigative unit? Click here to send it. 

Read the commissioner's full report and the letter from NB Liquor's lawyer below:

To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.

By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.

81 Comments

Commenting is now closed for this story. 

FOR THE PUBLIC RECORD WHEREAS CBC CONTINUES TO BLOCK MY COMMENTS I DECIDED TO MAKE NO COMMENT WHATSOEVER AS I WATCHED THE GREEDY SPIT AND CHEW INSIRED BY CBC UNFOLD HOWEVER I HAVE BEEN BUSY CALLING CERTAIN PARITES T DISCUSS WHAT EVERYBODY IS READING AND LISTENING TO IN FAT FRED CITY

FYI THESE ARE MY FAVOURITE COMMENTS THUS FAR MY MOST FAVORITES WERE FROM THE GHOST OF A CONSERVATIVE LAWYER LEONARD JONES, DAVID LUTZ A VERY EVIL LIEBRANO LAWYER AND DENNIS ATCHISON A VERY SELF SERVING NDP/UNION DUDE 

THAT IS UNTIL THE GREEN MEANIE DAVID COON STEPPED UP TO THE CBC MICROPHONE TODAY AND TURNED THE SILLY AFFAIR INTO A "LOONEY TUNE"


 Leonard Jones

It's time for NB Liquor to be dissolved. This proves it. $6,000.00 on a lawyer to hide info they do not want us to see. Ridiculous!!

David Lutz

Most of these Right to Information request are frivolous request and add huge expense to the taxpayers. The act should read that the requester is responsible for the cost of the request. There's so many Yahoo's out there looking for foolish stuff to complain about that it's a hardship on the taxpayers.

 Mack Leigh

@David Lutz
If everything that government did was open, honest and transparent and their actions were above reproach then it would not be necessary for the " Yahoo's " to make their requests !!! However, nothing is open, transparent or honest about this Gallant Liberal government, in my opinion.

 Frank DeFalco

@David Lutz...have the requestor pay? What a dangerous idea. Government should be transparent...they work for us! Information should be free and the Government should have to make a case for why information needs to be kept secret.

Dennis Atchison

Here is an excellent, in-depth interview with M. Bertrand ... https://www.youtube.com/watch?v=m_QK6M1IegM

  

David Peters

@Dennis Atchison

One interesting thing from the interview....She has a staff of 5 that watch over over 500 public bodies including 22,000 health care workers....all for a province with a population smaller than a good sized city.

NB is big government heaven.

 David Peters

'NB Liquor has spent at least $6,000 so far on hiring a lawyer to challenge Bertrand.'

Throwing taxpayer's money around like drunken sailors...

 Dave Peters

" He also questioned the value of the province's right to information legislation, describing it as a "financial burden" for public bodies to meet RTI requests. "
This is our legislation Mr. Harriamn, comply or get out. A public servant who is questioning legislation that everyone else has to comply to. Sounds like insubordination or as Ms Bertrand puts it " Above the Law " I do not like this one bit. Especially since he has a monopoly to manage an ANBL revenues are dropping. Do we really need this overpaid, antiquated, rebellious arm of our public service. I say NO. Let it go

john bourque

This is what happens when people in government are allowed to put their friends in high paying jobs. STOP THE CORRUPTION!

Lou Bell

How about being transparent about what " really" happened re the granting of the liquor outlet on Hanwell Road to the conservatives buddy despite him having no location there. Inside politics at its worst. This was by the Alward government " AFTER" they promised in their election to eliminate patronage. VERY SHAMEFUL !!! This is not to absolve the Gallant government and the " Atcon Six" of anything ! They all think the cookie jar is theirs and they all jump in with both hands. None of these politicians should look anyone in the face and expect respect of any kind from anyone. They all appear disgusting, as well as their patronage appointments in these crown corporations !! We all know who they are !!!

Timothy Jaques

Part of the problem is that the Information Commissioner is toothless in NB. In Ontario, the position has actual legal power to force compliance. Here in NB, where nobody can be shamed into anything, criticism means little. CBC should take this to the Court of Queen's Bench and give NB Liquor a good spanking, because a judge can and will act. Or one hopes that the premier is reading this, and will act. The threat of a defamation action is groundless in the circumstances, and it shows how much the NB Liquor spokesperson knows about the matter when it is referred to as "slanderous" when, if it were anything at all, it would be libelous

 Mack Leigh

@Timothy Jaques
Interesting comment !! However the Language Commissioner Katherine d'Entremont seems to have lots and lots of " Teeth " as her actions have resulted in at the very minimum Three, and I repeat ----- Three New Brunswick citizens losing their jobs !!

Suzanne Tucker 

"Completely unfair" that NB Liquor has forced residents to pay outrageous prices for their products. "Completely unfair" that NB Liquor is behind the appeal of the Constitutional challenge of fair inter-provincial trade. "Completely unfair" that NB Liquor fought independent craft brewers for years before being forced to cede their repressive policies.

It is not slander. Slander is spoken. Libel is written. Shall we play semantics? It isn't slander or libel if it is true. Anyone who has taken a basic business law course would know the difference.

Ray Bungay

A sad day when this guy who is paid by the Corporation through our hard earned tax payers monies refuses to give us trough the CBC the information we as tax payers deserve to know!!!! Time to sell of this corporation.

Where is Gallant and the Atcon 6 on this or will Ms. Betrand be the next one fired?

 Frank DeFalco

@Ray Bungay...why sell off the crown corp when it should just be disbanded? We don't need another agency in monopoly control of the business. Let private retailers warehouse, distribute and sell the product and remit the taxes to the Province...you know...like most other places in the world do it.

Jean LeBlanc

It is a sad day when tax dollars are being spent on coddling the inflated egos of executives.

  

Sean Onuaillain

If the Grits allow a head of crown corp to sue an officer of the legislature then they should pack up and go home. It would essentially be the government suing itself. All of the costs (including court time) would be paid for by citizens through their taxes, a complete absurdity. The only losers would be us, the folks who pay all of their salaries. It is too bad that buddy's feelings were hurt but my advice to him is to buck up and carry on.

Rick Aubie  

And another example of idiotic Crown Corporations thinking they can do whatever they want, whenever they want. A sense of entitlement like no other

 Freddy Rose 

"He also questioned the value of the province's right to information legislation, describing it as a "financial burden" for public bodies to meet RTI requests."

If that doesn't sound like an arrogant bureaucrat then I don't know what does

Alex Caissie

It's sad with all the cuts across the province the only reliable jobs created are for our lawyers who fight for some bureaucrat's ego on our dime.

Nicholas Dippler
@Mike Smith

There is nothing wrong with crown corporations, privatization only means money into the hands of the rich, who are likely going to evade taxes by any means possible. At least revenue from crown corporations that are sustainable can feed back into the general cash flow.

This is clearly an issue with the management of NBLiquor, and should be addressed at that level. They have no need to flout the law, and certainly no reason to sue honest government workers and agencies

 Mike Archibald
Wow. All I can say is, what is going on in New Brunswick? Who are these women who are in charge of all these commissions and how do we get them to run for office? Call it the 'Women with balls' party and I'd vote for them. Meanwhile, all these government flaks come across as whiny, desperate, and, oh yeah, 'above the law'.

I mean, the guy pretty much admitted that when he complains about the legislation. Boo hoo, that texting and driving legislation is a real bind on my efficiency when texting and driving! And hey, when I"m drunk is when I do my best driving, that darn 'legislation' is just holding us back!

There are a lot of criticisms of Mr. Gallant's government going around, all I can say is that his big problem is that he's scared of bureaucrats, and hate to say it, but maybe he really is a stooge of his cabinet. The dude really needs to grow a pair and get this stuff settled out.

It isn't bilingualism that will get him turfed out, its his complete inability to actually 'govern'. I don't think I've seen a Premier so bowled over by bureaucrats. And a lot of the complaints addressed to government are more often aimed at them rather than elected officials.

I don't think I've seen NB Liquor spitting so often in the publics face, and they've never been exactly 'democratically minded


 Mike Archibald
@Nicholas Dippler Those two separate issues. Convenience stores are not owned by the government, is it only the rich who run convenience stores?

Privatization doesn't mean no tax revenue. In fact there would be more tax revenue as the bureaucracy of NB Liquor wouldn't need to be paid for.

There most certainly is something wrong with crown corporations. Its bad enough that the public has little impact on their elected officials, but crown corporations pretty much operate out of reach of the electorate. Between NB Power, NB Liquor and other crown corporations you could almost say that crown corporations run the province and not the government


 Nicholas Dippler
@Mike Archibald Privatization will cost us more in the end. This has been seen in municipalities and governments around the world. There is starting to be a lot of regret about governments who privatized their services.

It is certainly NOT the cure all that you seem to want us to espouse, and most tellingly it shifts the vested interest of the business to private individuals or corporations and away from the people of the province which the crown corporation has been designed to fund and support.


Frank Knowles

Sounds to me like ego's of NB Liqour are where the conflict begins and ends. No doubt they'll waste a lot of money on this, and in the end Betrand will be found to be in the right. At which point I hope that the CEO, Harriman, gets the boot. Actually I hope this is the final thing that leads to NB Liqour being disbanded. We don't need them or their monopoly in this province. Supermarkets can sell liqour just fine. Let the market decide what the price for it will be.

 Murray Brown

"I think the spirit and intent is right but the current iteration of that system has grown to a point where I think it's wasteful taxpayer money," ... Brian Harriman

Mr. Harriman appears to be oblivious to the fact that he is an employee of the taxpayers. And when a taxpayer, whether it be a reporter or a common citizen, ask for information it his his obligation and duty to provide that information upon request. He has not done so and he offers no reasonable explanation for his refusal to do so. This is truly astounding.

Government records are public records (even the 'secret' ones) and the law states that government records are to be maintained and made available for reference. If they are not, then Mr. Harriman is breaking the law 

 Mel Faulkner

The province suing the province at our expense. Unacceptable waste considering the financial state the province is in. Premier needs to take both of them out to the shed and figure out who is in the wrong and deal with them, at no expense.

William Roberts

@Mel Faulkner Job creation for lawyers.
One lawyer in a small town would starve while two would make each other rich.

 Wendy Staples

Just another fiasco that follows the Liberals and that followed the Conservatives....the left hand doesn't know what the right hand is doing!!! In my opinion, this is simply a matter of conflicting egos using our tax dollars.

 Stephen Long

There goes more of our money. Grow up and stop acting like children or do it with your own money.

 Morgan Moogle

New-Brunswick, where the government sues itself.

 Stephen Wood

The big question is, What are they hiding ?

 Robert Dazleus

@Stephen Wood Why, huge profits and carefree spending of course.

 leo leblanc

Beautiful!! A publicly funded crown corporation is going to use taxpayers dollars to sue the right to information officer, another taxpayer funded organization. Who will pay for this court case? You and me, that's who.

Brian Gallant needs to step up and show some leadership and do it NOW!!

 Travis McIntyre

This is ridiculous! What is NB Liquor trying to hide ?? They should be forced to comply and if there is wrong doing, the full force of the law should come down on them. Who cares if they have to pay someone to look up information and give it out. It is OUR money and that is just the way it is.Accountability, transparency is demanded by the taxpayers.

  

Holly Mossing

Wow, very surprised by the comments here. My interpretation is that NB Liquor didn't want to spend masses of money trying to pull together multiple obscure details into a report for a reporter. Not the best judgement call in retrospect, but not worthy of the bizarre and petty response by Anne Bertrand and the information gestapo.
Harriman should say, "Sorry for the delay, here's the data we've got." Bertrand should say, "Gee, I probably shouldn't attempt to crucify crown corporations due to misunderstandings over legislation." And everybody else should be judicious and thoughtful in submitting requests for information, which are timely and costly to produce in a province already teetering on the edge of bankruptcy.
But that's just my $0.02 

 steve waddell

@Holly Mossing but spend big on a lawyer, go figure

 Frank DeFalco

@Holly Mossing...if you think this is a 'misunderstanding over legislation' there's a bridge I've got for sale you should have a look at.

Douglas James

I would think that the Information Commissioner is immune from such lawsuits.If nothing else, she is acting in the public interest which is surely enough to shut down such threatening, bullying tactics from the liquor lords.

 Holly Mossing

@Douglas James Unless there is evidence that she acted in bad faith. If she'd kept her report professional and factual, there'd be no case except a reprimand for NB Liquor for being so reticent at compliance. But her report (starting right from the title) reads like something a high school senior would write as an act of vengeance, thereby giving NB Liquor tons of ammo.
This whole thing is a lot of ridiculousness. Sorry it's expensive to pull together and provide NB Liqour, but stop dragging your feet and just spend the money to collate and hand over the info. And Bertrand, stay calm and enforce rather than taking the petty low road. Foolishness all around