Advertisement

Charges laid against former McGuinty chief of staff in gas plants scandal

TORONTO – Ontario Provincial Police have charged two former Ontario Liberal party staffers in connection with deleted emails allegedly linked to the $1.1 billion gas plants scandal.

Former Ontario premier Dalton McGuinty’s chief of staff David Livingston and deputy chief of staff Laura Miller both face one count each of breach of trust, mischief in relation to data and misuse of a computer system to commit the offense of mischief.

Police said the investigation began in June of 2013 after the premier decided to cancel two gas-fire power plans in Oakville and Mississauga prior to the 2011 provincial election.

Construction on the Mississauga plant was well underway when the Liberals cancelled it in the middle of the campaign.

READ MORE: A timeline of the Ontario gas plant cancellation scandal

“It was just the wrong decision to place it there. I should have been on top of it sooner,” said McGuinty during an interview on Global’s The Morning Show on Nov. 23 to promote his memoir.

Story continues below advertisement

“I should have made sure the rules were understood about how important it was to locate these properly.”

McGuinty’s lawyer, Ronald Caza, issued a statement on behalf of the former premier that reiterated he was not the subject of the police investigation.

“In June 2014, the OPP stated that Mr. McGuinty had been cooperative in their investigation and was not the subject of their investigation,” the statement read.

“Today’s events again confirm there was no wrongdoing on the part of the former premier.”

WATCH: Alan Carter reports on how losing a single seat led to charges against former premier Dalton McGuinty’s aides.

Police executed a search warrant in Nov. 2014 looking for government computers at a storage facility as part of their investigation into the deleted emails.

Story continues below advertisement

The warrant asked for the electronic mailbox and its backup tapes for Miller and Livingston between May 1, 2012 and Feb. 11, 2013.

Breaking news from Canada and around the world sent to your email, as it happens.

In a court document, police alleged that Livingston gave Peter Faist, then-boyfriend of Miller and an IT consultant who had been under contract to the Liberals until last year, access to files in the premier’s office that were then wiped clean.

It is alleged Faist was given $10,000 to delete the computer files.

A legislative committee hearing into the destruction of gas plant documents began in Feb. 2013 and came to an end in Dec. of 2014.

READ MORE: Wynne distances herself from man facing allegations in gas plants scandal

More than 90 witnesses were called to testify but opposition critics called the final report “a cover up of a cover up.

Despite the scandal, Premier Kathleen Wynne won a majority government during the 2014 provincial election and has maintained her innocence in relation to the investigation.

“The circumstances around the investigation concern events that took place prior to me becoming Premier,” Wynne said in a statement released Thursday on the criminal charges.

“A decision to lay charges is made independently by the OPP.  This is not a matter on which my office would be consulted or advised in advance of that decision.”

Story continues below advertisement

A lawyer for Livingston said in a statement that they are “confident he will be vindicated.”

“Mr. Livingston did nothing wrong and certainly did not break the law as alleged. He was consistently open about his actions in the Premier’s Office,” said Fredrick Schumann.

“He always believed that those actions were proper and in accordance with normal practices. And he has cooperated with the police investigation.”

Until just recently, Miller had served as the executive director of the B.C. Liberal Party. She issued a statement on Twitter regarding her resignation Thursday morning.

“I’ve stepped down from @BCLiberals as I prepare to vigorously defend myself back in Ontario,” she tweeted.

In the statement, Miller claims two detectives involved in the investigation “misrepresented” her actions “through sworn documents and testimony before a Legislative Committee.”

Miller said she filed a complaint with the Ontario Independent Police Review Director (OIPRD) and determined that some parts of her complaint were substantiated.

Despite the OIPRD ordering the OPP Commissioner to hold a police misconduct hearing for the detectives, Miller said the request was successfully appealed by the Superior Court.

“I believe my complaint created a clear bias by the OPP against me. Officers involved in a substantiated complaint should not have been allowed to continue investigating,” Miller wrote.

Story continues below advertisement

B.C. Premier Christy Clark issued a statement regarding Miller’s position by reminding the public to respect the court process as the allegations are unproven.

“In British Columbia, Laura Miller is known to her colleagues as a person of integrity and someone who has worked hard to move our party and the province forward. She has stepped down as executive director to focus on clearing her name,” said Clark.

Both Miller and Livingston are scheduled to make a court appearance in Toronto on Jan. 27, 2016.

With files from Adam Miller

Sponsored content

AdChoices