Tuesday 8 January 2019

Integrity commissioner forces province's hand with historic use of appeal power

---------- Original message ----------
From: "Gallant, Brian (LEG)" <Brian.Gallant@gnb.ca>
Date: Tue, 8 Jan 2019 13:31:40 +0000
Subject: RE: Methinks Deputy Premier Robert Gauvin must have noticed
his fellow SANB comedian the overpaid underworked bureaucrat Marc
Martin at play in CBC again today N'esy Pas?
To: David Amos <motomaniac333@gmail.com>

Thank you for writing to the Leader of the Official Opposition of New
Brunswick. Please be assured that your e-mail will be reviewed.

If this is a media request, please forward your e-mail to
ashley.beaudin@gnb.camedia-medias@gnb.ca
>. Thank you!

---

Nous vous remercions d’avoir communiqué avec le chef de l’opposition
officielle du Nouveau-Brunswick.  Soyez assuré(e) que votre courriel
sera examiné.

Si ceci est une demande médiatique, prière de la transmettre à
ashley.beaudin@gnb.camedia-medias@gnb.ca>.  Merci!



---------- Original message ----------
From: "Martin, Marc   (SNB)" <Marc.Martin@snb.ca>
Date: Tue, 8 Jan 2019 13:31:22 +0000
Subject: Automatic reply: Methinks Deputy Premier Robert Gauvin must
have noticed his fellow SANB comedian the overpaid underworked
bureaucrat Marc Martin at play in CBC again today N'esy Pas?
To: David Amos <motomaniac333@gmail.com>



Je serai absent du bureau le 8 janvier 2018. Pour des questions
de traduction, veuillez communiquer avec Cindy Dempsey par téléphone
au 444-2563 ou par courriel à l'adresse cindy.dempsey@snb.ca.

I will be away from the office on January 8th, 2018. For
translation-related questions, please contact Cindy Dempsey 444-2563
ou par courriel à l'adresse cindy.dempsey@snb.ca.



---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Tue, 8 Jan 2019 09:31:13 -0400
Subject: Methinks Deputy Premier Robert Gauvin must have noticed his
fellow SANB comedian the overpaid underworked bureaucrat Marc Martin
at play in CBC again today N'esy Pas?
To: andrea.anderson-mason@gnb.ca, Bruce.Macfarlane@gnb.ca,
marc.martin@snb.ca, hugh.flemming@gnb.ca, robert.gauvin@gnb.ca,
kris.austin@gnb.ca, rick.desaulniers@gnb.ca, serge.gauvin@snb.ca,
michelle.conroy@gnb.ca, attorneygeneral@ontario.ca,
caroline.mulroneyco@pc.ola.org, rbrossard@contribuables.ca,
krondolo@generationscrewed.ca, federal.director@taxpayer.com,
jbowes@taxpayer.com, Dominic.Cardy@gnb.ca, Ernie.Steeves@gnb.ca,
greg.byrne@gnb.ca, tyler.campbell@gnb.ca, andrew.scheer@parl.gc.ca,
PABMINMAILG@cra-arc.gc.ca, Bill.Morneau@canada.ca, premier@gov.bc.ca,
maxime.bernier@parl.gc.ca, strathmore.brooks@assembly.ab.ca,
brian.hodgson@assembly.ab.ca, calgary.lougheed@assembly.ab.ca,
leader@freedomconservativeparty.ca, premier@gnb.ca,
premier@ontario.ca, scott.moe@gov.sk.ca, premier@gov.ab.ca,
premier@leg.gov.mb.ca, ksims@taxpayer.com, fterrazzano@taxpayer.com,
pmacpherson@taxpayer.com, on.director@taxpayer.com,
prairie@taxpayer.com, Diane.Lebouthillier@cra-arc.gc.ca,
brian.gallant@gnb.ca, David.Coon@gnb.ca, Kevin.A.Arseneau@gnb.ca,
megan.mitton@gnb.ca
Cc: David Amos <david.raymond.amos@gmail.com>

https://www.cbc.ca/news/canada/new-brunswick/new-brunswick-hospital-overcrowding-seniors-1.4969074


Shawn McShane
The problem goes back to 1967 according to the article. Quit voting LibCon duh

Bob Smith
@Shawn McShane ...and vote for who? The Green party, who doesn't have
a position on this issue without the talk coming back "say no to
resource usage"? People's Alliance? NDP? The fact is, this issue needs
to be tackled on several fronts starting with hiring/training more
staff for senior care and enabling families with seniors to care for
them at home with gov't support.

Marc Martin
@Shawn McShane
There is no other decent choice.

David R. Amos
@Bob Smith Methinks everybody knows why I always run as an Independent
and why I as a senior citizen expect to run in two elections this year
In the "Mean" time whereas Minister Flemming don't return calls or
answer emails perhaps I should ask the Department of Health
spokesperson Bruce Macfarlane why I do not have a Health Care Card YET
N'esy Pas?

David R. Amos
@Marc Martin "There is no other decent choice."

Methinks you expect me to disagree N'esy Pas?






Jim Cyr
Liberals have held power for 8 of the last 12 years (and 20 of the last 30).

Marc Martin
@Jim Cyr
Thanks God they did...

David R. Amos
@Marc Martin What God?


BRUCE MACFARLANE
 Directeur des communications
Communications gouvernementales (Unité)
Société de développement régional
 Coordonnées
Téléphone : (506) 444-4583
Télécopieur : (506)
Courriel : Bruce.Macfarlane@gnb.ca



https://www.cbc.ca/news/canada/new-brunswick/integrity-commissioner-alexandre-deschenes-appeal-document-release-1.4969078


Marc Martin
*Former families and children minister Stephen Horsman said the
department would not hand over the report because its release would
harm the effectiveness of investigation techniques*

They are not too effective I can easily point out 20 family abusing
the system, I can see them smoke, drink beer every day of the week...

David R. Amos
Content disabled.
@Marc Martin Why complain of 20 families that you don't like? Methinks
many taxpayers would agree that there are 49 MLA's and legions of
bureaucrats such as yourself who are having fun abusing the system for
the benefit of their families N'esy Pas?




Matt Steele
Sounds like the N.B. Dept. of Social Development believes that they
are " above " the rules and regulations , and can do as they wish .
Not really surprising that Stephen Horsman does not believe in Govt.
transparency since he never said boo about Brian Gallant's 130 MILLION
dollar Francophonie Games , and the hiring of all Gallant's buddies to
manage the games while they filled their pockets with taxpayer cash .

Roy Nicholl
@Matt Steele
The news reports indicated the previous government refused to fund the
"revised" and augmented 130million budget forecast for the
francophonie games ... much as the current government has declined.

Matt Steele
@Roy Nicholl .....Media also reported that Gallant's buddies had
already spent over 2.5 MILLION on the games before Higgs put the
brakes on the boondoggle . Plus Gallant never mentioned the cost over
runs associated with the games even though the Liberal govt. knew
about the issue well before the last prov. election . It is what it is
.

Johnny Horton
@Roy Nicholl

While they didn’t “approve” the budget, they also didn’t stop them
from spending money and bring their pals, all while there was no
approved budget.

Marc Martin
@Matt Steele
We lost 3100 jobs in NB in December what did Higgs do to stop this again ?

David R. Amos
@Marc Martin Methinks there was not much that he could do You must
admit he just got the job of overseeing you and your cohorts N'esy
Pas?


https://twitter.com/DavidRayAmos/with_replies





Replying to and  49 others
Methinks its just like Leonard Cohen sang about long ago Everybody knows that Democracy and Justice are myths N'esy Pas?


https://davidraymondamos3.blogspot.com/2019/01/integrity-commissioner-forces-provinces.html


#nbpoli #cdnpoli


https://www.cbc.ca/news/canada/new-brunswick/integrity-commissioner-alexandre-deschenes-appeal-document-release-1.4969078




Integrity commissioner forces province's hand with historic use of appeal power




25 Comments
Commenting is now closed for this story.




Harold Benson 
Harold Benson
So now the precedent is set for the new commissioner......no excuses.


David R. Amos
David R. Amos
@Harold Benson "no excuses."

Methinks that Sam would agree that there never was N'esy Pas?









Matt Steele 
Matt Steele
Sounds like the N.B. Dept. of Social Development believes that they are " above " the rules and regulations , and can do as they wish . Not really surprising that Stephen Horsman does not believe in Govt. transparency since he never said boo about Brian Gallant's 130 MILLION dollar Francophonie Games , and the hiring of all Gallant's buddies to manage the games while they filled their pockets with taxpayer cash .


Roy Nicholl
Roy Nicholl
@Matt Steele
The news reports indicated the previous government refused to fund the "revised" and augmented 130million budget forecast for the francophonie games ... much as the current government has declined.

Matt Steele
Matt Steele
@Roy Nicholl .....Media also reported that Gallant's buddies had already spent over 2.5 MILLION on the games before Higgs put the brakes on the boondoggle . Plus Gallant never mentioned the cost over runs associated with the games even though the Liberal govt. knew about the issue well before the last prov. election . It is what it is .

Johnny Horton
Johnny Horton
@Roy Nicholl

While they didn’t “approve” the budget, they also didn’t stop them from spending money and bring their pals, all while there was no approved budget.

Marc Martin
Marc Martin
@Matt Steele

We lost 3100 jobs in NB in December what did Higgs do to stop this again ?

David R. Amos
David R. Amos
@Marc Martin Methinks there was not much that he could do You must admit he just got the job of overseeing you and your cohorts N'esy Pas?

Roy Nicholl
Roy Nicholl
@Matt Steele
Red ties or blue ties, the story has been the same during my 30-years in the province. I am always amazed by the partisan tribalism which tries to convince themselves there is any discernible difference.

Marc Martin
Marc Martin
@David R. Amos

The Liberals were also overseeing 4 years of unbalanced budget by the CoRservatives and Higgs was the finance minister was he not ?

David R. Amos
David R. Amos
@Marc Martin Methinks if you wish to recall you would have to admit that your SANB hero Mr Gallant offered Mr Higgs a job with his new liberal government in 2014 N'esy Pas?








 Irv Millar 
Irv Millar
Really hope that Ontario has similar powers. They are going to be busy if the province does have these checks on untethered power.


David R. Amos
David R. Amos
@Irv Millar How far back in history should they go?









Irv Millar 
Marc Martin
*Former families and children minister Stephen Horsman said the department would not hand over the report because its release would harm the effectiveness of investigation techniques*

They are not too effective I can easily point out 20 family abusing the system, I can see them smoke, drink beer every day of the week...


David R. Amos
Content disabled.
David R. Amos
@Marc Martin Why complain of 20 families that you don't like? Methinks many taxpayers would agree that there are 49 MLA's and legions of bureaucrats such as yourself who are having fun abusing the system for the benefit of their families N'esy Pas?

David R. Amos
David R. Amos
@David R. Amos Oh My MY

Fred Brewer
Fred Brewer
@Marc Martin
If you know of abuse, you should report it. But you should know that there is nothing illegal about smoking and drinking while on social assistance.


Irv Millar
 Content disabled. after I refreshed the page
 Marc Martin 

"You now know what you are doing is illegal..."

David R. Amos
David R. Amos
@Marc Martin "You now know what you are doing is illegal..."

Methinks those are Interesting words N'esy Pas?










Irv Millar 
Paul Bourgoin
This transparency decision and his attitude made Former Families and Children minister Stephen Horsman above the LAW??? or should I dare ask what LAW?


David R. Amos
David R. Amos
@Paul Bourgoin Methinks its just like Leonard Cohen sang about long ago Everybody knows that Democracy and Justice are myths N'esy Pas?









 Fred Brewer
Fred Brewer
It is sad that the only commissioner to ever stand up and challenge the government, has now retired.
My question is: Was he constructively dismissed by overloading him with work?

Originally he held the position of conflict of interest commissioner and then the government added watchdog responsibility for the Right to Information and Protection of Privacy Act and the registry of lobbyists. All of these responsibilities for a part-time position is just too much. He even said that was the reason for his retirement.


David R. Amos
David R. Amos 
@Fred Brewer Methinks its kinda obvious that the longstanding liberal/ lawyer/appointee decided to cut and run as soon as Higgs became the Premier N'esy Pas?

https://www.gnb.ca/legis/Conflict/profile-e.asp

"Hon. Alexandre Deschênes, Q.C.. was admitted to the Law Society of New Brunswick in 1968. He was legal counsel to the Department of Justice in Fredericton from 1968 to 1971. He was in private practice from 1972 to 1982 and specialized in civil litigation as a partner in the law firm of Michaud, Leblanc, Robichaud, and Deschênes. While residing in Shediac, N.B., he served on town council and became the first president of the South East Economic Commission. He is a past president of the Richelieu Club in Shediac.

In 1982, he was appointed a judge of the Court of Queen’s Bench of New Brunswick and of the Court of Appeal of New Brunswick in 2000.

On July 30, 2009, he was appointed to the Court Martial Appeal Court of Canada.

While on the Court of Appeal of New Brunswick, he was appointed President of the provincial Judicial Council and in 2012 Chairperson of the Federal Electoral Boundaries Commission for the Province of New Brunswick for the 2015 federal election.

He was appointed Conflict of Interest Commissioner in December 2016 and became New Brunswick’s first Integrity Commissioner on December 16, 2016 with responsibilities for conflict of interest issues related to Members of the Legislative Assembly. As of April 1, 2017 he supervises lobbyists of public office holders under the Lobbyists’ Registration Act.

As of September 1, 2017, he will be assuming the functions presently held by the Access to Information and Privacy Commissioner."








 David Peters 
David Peters
Have a guaranteed income and a simple flat tax. Do away with the expensive and liberty killing welfare bureaucracy and cra.

Then we don't need all the sneaky "investigative techniques"...which MUST remain secret.


David R. Amos
David R. Amos
@David Peters Methinks you have been checking my work N'es Pas?








Irv Millar 
Mario Doucet
Another francophone government commissioner to stir the pot, why are these people always French?


David R. Amos
David R. Amos
@Mario Doucet Methinks you should confer with all the ghosts of 50 Xmass' past N'esy Pas?





Integrity commissioner forces province's hand with historic use of appeal power

Appeal filed two months before Alexandre Deschênes retired from post on Dec. 31


Retired integrity commissioner Alexandre Deschênes appealed after the Department of Social Development refused to give a woman a copy of an investigator’s report into her own social assistance case. (Jacques Poitras/CBC)


For the first time, New Brunswick's independent information watchdog has used his legal power to force the province to release documents it wanted to keep secret.

Alexandre Deschênes filed the appeal in October after the government refused to heed his recommendation to give a New Brunswick woman a copy of an investigator's report into her own social assistance case.

Deschênes told CBC News that the Department of Social Development relented and agreed to give the woman the report, shortly before he retired from his position Dec. 31.

"That shows you that in some cases, it's very important that the commissioner exercise that right of appeal to force disclosure where the commissioner is of the view that the document ought to be revealed," he said.

The integrity commissioner monitors the province's compliance with the Right to Information and Protection of Privacy Act. The act gives the commissioner the power to appeal a government refusal to release information if the person requesting it chooses not to.



Alexandre Deschênes was the first integrity commissioner to use the power to file an appeal. (Jacques Poitras/CBC)

The woman seeking the document wrote in a July 18, 2018, email to Deschênes's office that "I am a person living in poverty" and if she were forced to spend non-existent funds, it would amount to her being deemed "unworthy" of having her rights protected.

'Sometimes it's a question of intimidation'


Deschênes said it's important the commissioner have the power to appeal rejections in such cases.

"Sometimes it's a question of intimidation," he said. "Despite the fact that this is supposed to be a user-friendly type of process, some people just don't want to appear before a judge for their own reasons. Sometimes they don't see the importance of the case being brought on appeal."

His decision diverges from the approach of the previous information commissioner, Anne Bertrand, who tried to avoid confrontations with the province by negotiating with officials or persuading them to release documents.
Because the province gave in and Deschênes's appeal was never heard, there was no ruling in the case and no precedent established.

Nonetheless, it marks the first time a New Brunswick information commissioner has used the power to file an appeal. Deschênes said his office "felt very strongly" that the province's refusal had to be challenged.

CBC News tried to contact the woman through an email address in the court file but did not receive a reply.

Province won't change approach


Social Development Minister Dorothy Shephard said in an emailed statement that her department would not change its general approach to such requests as a result of the case.

"Each case will continue to be judged on its own particular set of circumstances," she said, adding the department's "default position" will be to release all information that is not protected by privacy legislation.

Shephard's statement cited privacy issues even though that was not the reason the department gave for refusing to release the report.

Liberal government refused to release report


The woman filed a right to information request in 2017 for the report. She wanted to see it because it led the department to cut off her benefits under the Family Income Security Act.

Then-Liberal minister Stephen Horsman refused to turn it over, citing a section of the right to information law that says the province doesn't need to release information that would "harm the effectiveness of investigative techniques."


Former families and children minister Stephen Horsman said the department would not hand over the report because its release would harm the effectiveness of investigation techniques. (Alex Vietinghoff/CBC)

The woman complained to Deschênes, who investigated the decision. His five-page report said departmental officials told him that people receiving benefits would use information in the investigation to "scam" the government and collect benefits to which they weren't entitled.

The government pointed to a recent ruling that the Saint John city police was allowed to reject a right-to-information request for evidence in a still-open criminal investigation.

But Deschênes concluded that the woman's case was different because her investigation was over and because she was asking for personal information about herself.

He also said that social-assistance clients are already "generally aware" that the department may check on whether they lived where they claimed to live, since that is a requirement.

The province cross-references a client's name with other government databases to check their addresses, and Deschênes concluded it was "highly unlikely" clients would be able to change their addresses "in all of these databases" to defraud the system.

Despite those conclusions, Horsman again refused to give the woman the report in June 2018, telling her the department was "unable to comply."

Deschênes filed his appeal in October 2018. He notified the court that the case had been resolved on Dec. 21.

CBC's Journalistic Standards and Practices





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