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Premier's office shielded witness from access investigation

Province rejects recommendation by privacy commissioner to disclose Bay Ferries deal

The most senior bureaucrat in Stephen McNeil's office blocked the province's Information and Privacy Commissioner from speaking to a cabinet minister's executive assistant during an investigation into Leo Glavine's use of a personal email account to conduct government business.

That investigation was launched as part of an appeal of a request for documents by a Global News reporter that was denied by the Health Department.

In July 2017, Marieka Walsh requested "all emails sent or received by then Health Minister Leo Glavine on his personal email account that are related to his mandate as a member of the executive council and/or as health minister."

Tully says department didn't try

According to Catherine Tully, the Information and Privacy Commissioner, the department didn't even try to comply with the request.

"The department conducted no search for records either inside or outside the government system," she concluded in her 18-page review report.

Under Nova Scotia's Access to Information Act, public bodies must assist people who file requests for documents.

"The Department failed to make any effort, let alone every reasonable effort, to search for responsive records," wrote Tully.

She was also critical of the department's initial response to the reporter's request.

"The Department's response letter was not open, accurate or complete."

Wanted to talk to Peter Bragg

During the course of her investigation Tully wanted to talk to Peter Bragg, Glavine's executive assistant, since Glavine and Bragg frequently exchanged emails using both the minister's government account and the one he set up in Gmail.

"The Department was asked by the OIPC to produce the former executive assistant as a witness, the Deputy Minister to the Premier responded on August 9, 2018 indicating that the executive assistant would not be made available for an interview by the office," Tully noted in her report.

"It is one of the many weaknesses of Nova Scotia's outdated right to information law that this office does not have the power to summon witness."

In response to a question about his claim Nova Scotia's access laws didn't need to be upgraded, McNeil said on Wednesday during question period: "When you (have) a responsible, reasonable government in place, Mr. Speaker, they look and take the recommendations that come forward from the (Office of the Information and Privacy Commissioner) and implement them."

Series of recommendations

In this case, Tully has recommended six things be done, including having Glavine review his personal email accounts for government-related business and have a copy of those emails forwarded to the province's Information Access and Privacy Services for further review, that the minister "confirm in writing" the scope of his email search and that he attach a message on his personal email account stating department business should go to his government email address.

Tully also wants the province to "develop and implement a policy prohibiting the use of personal email accounts to conduct government business."

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