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Bob Mackin

David Sidoo, who was a member of the University of British Columbia’s board of governors from 2014 to 2017, is charged with conspiracy to commit mail and wire fraud for allegedly paying six-figure sums to have someone else write his sons’ university entrance exams. 

Sidoo was among dozens of people charged by United States authorities for conspiracy to cheat on exams, pay bribes and commit fraud to gain admission to elite universities.

David Sidoo accepting the Order of B.C. from Premier Christy Clark and Lt. Gov. Judith Guichon in 2016 (BC Gov)

The March 5 federal indictment in Massachusetts against Sidoo, unsealed March 12, alleges that from 2011 to February of 2019, Sidoo “conspired with [names censored] and others known and unknown to the Grand Jury to commit mail and wire fraud by cheating on college entrance exams, including by having [name censored] secretly take the exams in place of the actual students, or replace the students’ exam responses with his own; and submitting the falsified test scores to colleges and university as part of the college admissions process.”

Sidoo did not answer his cell phone when theBreaker.news called. A statement from Sidoo’s lawyer, Las Vegas-based Richard Schonfeld, said that Sidoo is a philanthropist “which is the true testament of his character.”

“The charge that has been lodged against David is an allegation that carries with it the presumption that he is innocent,” Schonfeld wrote. “We look forward to presenting our case in court, and ask that people don’t rush to judgment in the meantime.” 

The indictment alleges Sidoo paid someone $100,000 to pose as his older son, Dylan, and write the scholastic aptitude test in 2011 that resulted in admission to Chapman University in Orange County, Calif.. It also alleges that he paid someone $100,000 to pose as his younger son, Jordan, and write the SAT in fall 2012. Sidoo’s younger son applied in 2013 to Yale and Georgetown, but was admitted in 2014 to University of California-Berkeley. Names of Sidoo’s sons are not visible in the indictment and the criminal allegations, which are only against their father, have not been tested in court.

Sidoo graduated the University of B.C. in 1983 with a bachelor of physical education degree after earning most valuable player honours as a defensive back in the Thunderbirds’ undefeated 1982 Vanier Cup championship season. He also played five years in the Canadian Football League with the Saskatchewan Roughriders. The Sidoo Field at Thunderbird Stadium is named in his honour. The T-Birds were Vanier Cup champions again in 2015. Sidoo celebrated with a May 2016 trip to the Prime Minister’s Office and a photo op with Justin Trudeau. 

After football, Sidoo became a partner at Yorkton Securities and later founded American Oil and Gas Inc., which was sold for US$630 million to Hess Corp. in late 2010. Sidoo, now CEO of Advantage Lithium, was appointed to the board of governors at UBC by Premier Christy Clark and he helped rejuvenate the football program. 

From 2005 to 2017, Sidoo donated $166,010 to the BC Liberals (including $50,000 donations in 2014 and 2015). He also donated $3,000 to the NDP in 2012.

Elections Canada’s database shows that in 2017 he donated $1,550 to Kevin O’Leary’s Conservative leadership campaign and two $1,485 donations to the Conservative Party. Sidoo  also gave $1,500 to the Surrey Centre Federal Liberal Association in 2016 and two $1,022.40 donations to the central party in 2010.  

Sidoo was arrested March 8 in San Jose, Calif. and his initial appearance in court there was March 11. A judge in Massachusetts ordered him on March 12 to submit a $1 million cashier’s cheque to the clerk at the District of Massachusetts court. The cheque, obtained via wire transfer from his account in Vancouver, allows Sidoo to travel to Boston for his first appearance on March 15, where he intends to plead not guilty. Sidoo is represented by lawyers Schonfeld and David Chesnoff of Las Vegas and Mark Weinberg of Boston.

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Bob Mackin David Sidoo, who was a

Bob Mackin

The Vancouver Whitecaps have failed to deliver points to begin their 2019 season. 

They also failed to deliver a copy of their agreement to play at B.C. Place Stadium to theBreaker.news by the March 11 deadline.

Instead, the Major League Soccer club filed papers in B.C. Supreme Court, hoping to find a judge who will overturn an adjudicator’s order to pass that contract to theBreaker.news.

Whitecaps’ Bell Pitch signage in B.C. Place (Mackin)

The Whitecaps claim the adjudicator from the Office of the Information and Privacy Commissioner, Erika Syrotuck, “made unreasonable errors” in the application and interpretation of the freedom of information law. 

“The commissioner’s delegate erred in concluding that the Act does not protect the interests of private organizations,” said the court filing by Whitecaps’ lawyer Joan Young of McMillan. McMillan is the Vancouver firm that sponsored the team from 2015 to 2018.

In her Jan. 25 ruling, Syrotuck noted that numerous OIPC orders and court decisions have found in favour of public disclosure of negotiated contracts between private sports and entertainment companies and public-owned venues. 

The Whitecaps have an 0-2 record in similar disputes, losing bids to block public disclosure of their actual game attendance and the amounts paid to PavCo for rent, food and beverage. PavCo, it should be noted, is named as a respondent in the Whitecaps’ petition; the Crown corporation is not opposing the OIPC order. 

This dispute kicked-off in December 2016 when theBreaker.news sought a copy of amendments or modifications to the Whitecaps’ contract with B.C. Pavilion Corporation, the Crown company that manages the stadium. In March 2017, PavCo disclosed a copy of the sponsorship addendum agreement that was almost fully censored. PavCo cited fear of economic harm and the Whitecaps claimed the document contained trade secrets. 

In late September 2017, more than two months after the NDP replaced the BC Liberals in government, PavCo released more of the contract, but kept key sections hidden.

Whitecaps’ owner Greg Kerfoot (Santa Ono, Twitter)

PavCo withheld terms about: sponsorship in return form game-day naming of the pitch; B.C. Place naming rights; how much the Whitecaps will pay PavCo under the agreement; and the current status of PavCo’s contracts with food and beverage sponsors.

The Whitecaps convinced PavCo to also keep secret the clauses about: the agreement’s expiry date; game day services; terms about naming rights; and the amount the Whitecaps will pay PavCo. 

Wrote Syrotuck in her order: “I do not agree with the Whitecaps’ assertion that a purpose of [the Freedom of Information and Protection of Privacy Act] is to protect the interests of private organizations. The purposes of FIPPA are set out in section 2 and include giving the public a right of access to records and specifying limited exceptions to the rights of access. Private organizations that contract with public bodies do so with the knowledge that public bodies are subject to FIPPA.” 

The Whitecaps’ principal owner is the reclusive Greg Kerfoot, who parlayed his software fortune into a lucrative residential and commercial real estate portfolio, including a $17.6 million, lakeside chalet in Whistler with an NHL-size hockey rink. Kerfoot, a friend of former premier Christy Clark, donated $79,875 to the BC Liberal Party between 2005 and 2016, in his own name and as the principal officer of Carrera Management Corp., Inspirit Group, and the Whitecaps. B.C. taxpayers paid for the Whitecaps’ $14 million University of B.C. training centre.

The Whitecaps did not contribute to B.C. Place’s $514 million roof and renovation project, which got fast-track priority over hospital, school and social housing capital projects.

In 2015, B.C. Place’s other anchor tenant, the B.C. Lions, complied with an OIPC order to release their contract. 

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2019 03 11 Petition – FILED by BobMackin on Scribd

Bob Mackin The Vancouver Whitecaps have failed to

South Africa returned to the Cup Final at the Canada Sevens in Vancouver on Marcch 10, after finishing as runner-up in 2016 and 2017. 

This time, the Blitzboks rushed to defeat France 21-12 at B.C. Place Stadium. Fiji finished in third place. 

Australia beat host Canada 35-21 in the Challenge Trophy final. An announced crowd of more than 73,000 attended the fourth edition of the sevens in Vancouver. The stop on the HSBC World Rugby Sevens World Cup tour is set to return to B.C. Place in 2020 and for at least three more years after that.

United States leads the series, followed by New Zealand and Fiji, after six stops. Hong Kong, Singapore, London and Paris remain. Canada is 12th.

Meanwhile, another story to watch in the months to come: Labour relations between the team and Rugby Canada, which lost a bid to thwart a union certification drive by the United Steelworkers.   

Canada Sevens 2019 champion South Africa shares a moment with runner-up France and third-place Fiji (Mackin)

A Fijian player signs autographs (Mackin)

A French defender challenges a South African ball carrier (Mackin)

Faux Mounties and papally imgregnated nuns were among the 2019 Canada Sevens costumes (Mackin)

A CBC crew costume at Canada Sevens (Mackin)

Premier John Horgan shoots a selfie with a fan at Canada Sevens (Mackin)

Canada’s Harry Jones scores a try against Australia (Mackin)

A streaker is escorted off the pitch at B.C. Place during Canada Sevens (Mackin)

Canada lost to Australia in the consolation final (Mackin)

 

South Africa upended France in the final (Mackin)

 

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South Africa returned to the Cup Final

The SNC-Lavalin scandal, also known as #LavScam or PMO-Lavalin, turned a month old on March 7.

How did Prime Minister Justin Trudeau mark the occasion? He held a news conference where he dug himself a deeper hole.

Trudeau did not apologize for how the inner circle of his Liberal government tried to pressure former Attorney General Jody Wilson-Raybould to let the Montreal engineering and construction giant off the hook. He debuted a new line — “erosion of trust” — and continued to repeat his other line about wanting to save 9,000 SNC-Lavalin jobs. Trudeau admitted nobody sought to verify figures supplied by a company that is legally unable to move from Canada in the foreseeable future.

Meanwhile, ex-principal secretary Gerald Butts testified at the Justice Committee on the same day as Privy Council Clerk Michael Wernick made a return appearance. Treasury Board president Jane Philpott quit cabinet, just a few days after Celina Caesar-Chavannes announced she would not run for a second term.

On this edition of theBreaker.news Podcast, hear the highlights of another week of the scandal. 

Plus Pacific Northwest and Pacific Rim headlines and commentaries.

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theBreaker.news Podcast: Trust in Trudeau erodes, as SNC-Lavalin scandal overshadows Liberal government
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The SNC-Lavalin scandal, also known as #LavScam

Bob Mackin

Another episode in the Meng Wanzhou circus on March 6.

The Huawei Technologies chief financial officer’s latest appearance in Vancouver’s Law Courts was supposed to be for scheduling the hearing to determine whether she would be extradited to face fraud and money laundering charges in New York.

The case was put over to May 8 so that her expanded team of defence lawyers can prepare applications and seek information under the federal access to information law about her arrest and detention on Dec. 1 at Vancouver International Airport. Meng had arrived from Hong Kong, but never made her flight to Mexico, because Canadian officials executed an arrest warrant under a treaty with the United States.

Max Wang protested outside Meng Wanzhou’s March 6 court date (Mackin)

Meng’s lawyer Richard Peck of Peck and Co. told Justice Heather Holmes, the Associate Chief Justice of the B.C. Supreme Court, that it is a rare, dense and complex case. Particularly because of comments made last December by U.S. President Donald Trump, who said that it is “possible [Meng’s case] will be a part of [trade] negotiations.”

Said Peck to the court: “There are serious concerns of a legal and factual nature… concerns not common in the extradition jurisprudence. There are concerns about political characters, political motivation, comments by the U.S. president.”

He said that time is required to “properly identify, isolate and develop these issues before the court.”

The hearing was five days after Meng sued the Canada Border Services Agency and Royal Canadian Mounted Police, alleging unconstitutional arrest, detention and seizure of her mobile devices. Her lawyers from the Gudmundseth Mickelson firm in Vancouver took advantage of a slow news day on March 4, and released the documents to media. The statement of claim was not yet available in the B.C. courts online registry. The actual registry was naturally closed for the weekend. 

In an affidavit filed during her December bail hearing, Meng did not allege that her rights had been violated. She swore that she had to be taken to Richmond Hospital after being detained at the airport because she suffers from hypertension. Her father, Huawei founder Ren Zhengfei, had complimented Canadian authorities for their treatment of his daughter when he held rare interviews with foreign reporters in January.

The Huawei global public relations offensive includes a new social media advertising campaign and junkets offered to journalists to visit the company’s Shenzhen headquarters. Another salvo was fired less than 12 hours after Meng’s court appearance. The company held a webcast news conference in Shenzhen to announce it had filed a lawsuit in Plano, Texas, in a bid to overturn the U.S. government’s ban on Huawei equipment. The U.S. government is part of the Five Eyes intelligence alliance that calls Huawei a threat to national security. 

Daniel Coles, a lawyer for several national and international media companies, appeared before Holmes, seeking a judicial order for Meng’s lawyers and the federal Crown to notify media outlets of appearances and applications. Coles’s motion failed. 

Louis Huang protested outside Meng Wanzhou’s March 6 court date (Mackin)

“Apparently there is some public interest,” deadpanned Meng’s lawyer David J. Martin of Martin and Associates. He called Coles “very diligent in representing the fifth (sic) estate.”

Holmes said she would “see how things go.” 

Meng arrived for the short appearance in a black sport utility vehicle and was escorted to courtroom 55 by court sheriffs and members of her private security company, Lions Gate Risk Management Group. She wore a floppy purple hat, purple Teenie Weenie Bear sweatshirt, black yoga pants and a backpack with a stuffed doll attached. She looked more like a foreign student than the chief financial officer of one of the world’s biggest companies that is crucial to China’s strategy to overtake the U.S. as the world’s biggest economy and most-powerful nation.

Meng’s husband Liu Xiaozong arrived with less fanfare, wearing new running shoes and a Fila sweatshirt and pants. He spoke with staff from the People’s Republic of China consulate, who were also casually dressed. 

Outside, the pro-China, pro-Huawei protesters from December were nowhere to be seen. Instead, local human rights and democracy activists caught the eye of reporters. One of them even burned the People’s Republic of China flag. 

Max Wang carried signs urging a boycott of Huawei and extradition of Meng. He even called her a spy for the Chinese Communist Party. Louis Huang held photographs of diplomat Michael Kovrig and businessman Michael Spavor, the two Canadians that China jailed in retaliation for Meng’s arrest. 

“We are not worried at all about the rights of Ms. Meng, her rights can be fully protected and respected in our legal system, but we’re really concerned about these two Canadians,” Huang said. 

“I will ask our Prime Minister and Foreign Minister to really focus on these two people, they are suffering right now in China. I’m coming from china, I know what happens, in the court, in the Chinese legal system, there are absolutely no human rights. They can do anything, they can torture you, they can beat you.” 

Meng was released on $10 million bail and curfew conditions Dec. 11. She lives in a $5 million house in Dunbar that is in her husband’s name. They are renovating a $14 million mansion in Shaughnessy, on the same block as the residence of the U.S. consul general.

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Bob Mackin Another episode in the Meng Wanzhou

Bob Mackin

BC Liberal leader Andrew Wilkinson has charged taxpayers more than $44,000 for a digital marketing agency.

Parksville-based Motiontide Media began invoicing Wilkinson’s Vancouver-Quilchena constituency office $2,938.95 per month for a digital marketing plan in July 2017, the month that the BC Liberals relinquished power to the NDP. The price changed to $2,929.50 in February 2018, the month that Wilkinson was elected party leader.

An analysis by theBreaker.news found that Motiontide cost taxpayers $26,431.65 for the year ended March 31, 2018. It billed another $17,577 for the first six months of the current fiscal year. The Legislature has not published receipts for October through December of 2018.

BC Liberal leader Andrew Wilkinson, the Vancouver-Quilchena MLA (BC Liberals)

Why did Wilkinson hire a digital marketing agency and what did Motiontide specifically deliver? Neither Motiontide owner Joel Grenz nor Wilkinson responded for comment. 

Neither NDP Premier John Horgan nor Green leader Andrew Weaver spend constituency office funds on digital marketing agencies. The closest that Horgan comes is the $75 that his office shells out, along with all other NDP MLAs, every quarter to Affinity Bridge of Vancouver for content management and maintenance of MLA websites. 

The money Wilkinson spent on Motiontide far exceeds the figures that he reported in the communications and advertising column on his spending summary. For the year ended March 31, 2018, Wilkinson claimed only $12,460 of his office’s $135,114 expenses was for communications and advertising. But he did show $28,744 under “other office expenses,” which can include fees for contracted services, such as writers and office maintenance workers.

For 2018-2019 so far, Wilkinson claimed $6,831 for communications and advertising and $17,937 for other office expenses. 

Independent watchdog Dermod Travis of IntegrityBC said how MLAs report spending is an area that the Legislative Assembly Management Committee must improve. MLAs, however, need not wait for policy or law changes to be transparent on their own. 

“One of the obligations that goes with the transparency question is to provide copies of the advertising that was undertaken,” Travis told theBreaker.news. “So people can determine whether or not it was stealth advertising, whether it was advertising that was attempting to collect somebody’s name and address and email address, or whether, in fact, it was reporting to his constituents on what he had done in the previous three months, four months, six months in the B.C. Legislature on their behalf — which is what that money has always intended to be for.”

Motiontide’s Joel Grenz (Twitter)

Motiontide describes itself as a full-service digital agency. A BC Liberal Party donor list in 2017 said Grenz donated $7,000 on Feb. 10 of that year. However, the Elections BC database shows only $485 in 2017 from Grenz ($225 on Jan. 7, $250 on March 3, and $10 on Dec. 26).

In 2017, theBreaker.news exclusively reported that Wilkinson spent almost $59,000 on ads for the year ended March 31, 2017. It was the biggest line item on Wilkinson’s $120,482 constituency office cost summary. While Wilkinson was the minister in charge of government advertising and communications, he went on a $30,383.80 ad buying spree on CKNW and CFMI from the end of December 2016 to the start of February 2017. 

“Andrew Wilkinson’s constituency office expenses in general are out of whack,” Travis said. “His advertising expenses, whether digital or otherwise, demonstrates somebody that seems to be spending money on advertising that cuts across constituencies rather than what it’s intended for, which is to speak to his constituents.” 

On Jan. 31, 10 days after the damning report by Speaker Darryl Plecas about waste and corruption in the offices of clerk Craig James and sergeant-at-arms Gary Lenz, Wilkinson Tweeted “When we spend taxpayer dollars, the taxpayer should know about it. Period.”

Wilkinson is in damage control mode after he said in the Legislature last week that being a renter was “a wacky time of life… a rite of passage.”

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Bob Mackin BC Liberal leader Andrew Wilkinson has

Jody Wilson-Raybould spoke her truth to the justice committee, about the pressure she felt from various officials, all the way to Prime Minister Justin Trudeau, about SNC-Lavalin’s desire to avoid a criminal corruption trial. 

Jody Wilson-Raybould testifying on Feb. 27, 2019 (CPAC)

The Vancouver-Granville Liberal MP, who was Canada’s first indigenous attorney general, explained what went on behind the scenes over a four-month period. The four hours of testimony allowed Canadians to better understand how Wilson-Raybould became the former attorney general. She was asked twice whether she had confidence in Trudeau. Neither time she answered in the affirmative. Former federal and provincial attorneys general have complained to the RCMP, seeking an investigation.

Greg Douglas

On this edition of theBreaker.news Podcast, hear key highlights of Wilson-Raybould’s testimony.  

Also on this edition, host Bob Mackin interviews Greg Douglas about his career in sports media on the west coast. Douglas is the 2019 recipient of the Jack Diamond Personality of the Year award at the annual Jewish Community Centre of Greater Vancouver sports dinner, March 5 at the Hyatt Regency.

Plus Pacific Northwest and Pacific Rim headlines and commentaries.

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Jody Wilson-Raybould spoke her truth to the

Bob Mackin

Ian Aikenhead is hoping that the second try at selling B.C. Place Stadium’s naming rights will be a charm. 

Seven years ago, the BC Liberal government cancelled a deal to rename the 1983-built stadium Telus Park. It would have meant $40 million over 20 years, including the installation and operation of equipment, but for a telecom sponsorship tiff and complaints by bidders for the provincial government’s telecommunications contracts. Bell won the former. Telus the latter. The public eventually compensated Telus $15.2 million for equipment and labour.

“This time around the government wants to do something that is very open,” Aikenhead, the chair of the B.C. Pavilion Corp. board since last August, told theBreaker.news. “One of the criticisms last time was the opportunity was given to one company. With the kind of interest that’s gone around North America with naming rights, the government felt the [request for proposals] has to be an open process.”

Image from PavCo’s naming rights sales pitch (PavCo)

PavCo issued the call for naming rights bidders in early February and hopes to have a deal by mid-summer. It will evaluate bids based on a sponsor’s brand, activation strategy, community engagement plan and, most importantly, fees and term. PavCo enlisted the expertise of sports marketing and branding expert Yoeri Geerits, a former senior vice-president of Nielsen Sports Canada who is now with Calgary-based threesixtythree inc.

“What we’re told is that the general sponsorship naming rights business has increased fairly dramatically in terms of what sponsors are prepared to pay,” Aikenhead said. “There have been some high water marks back east. If we’ve hit the crest of the wave or we’re about to hit it or we’ve gone past it, what the market is prepared to do is unknown at this point.”

That high water mark is in Toronto, where Scotiabank agreed to an $800 million deal with Maple Leaf Sports and Entertainment to call the home of the Toronto Maple Leafs and Toronto Raptors Scotiabank Arena from 2017 to 2038. 

Closer to home, Rogers took over naming rights of the Canucks’ home from General Motors in 2010 for a reported $60 million over a decade. In Edmonton, Rogers inked a 13-year naming rights agreement. When it was announced in 2013, Oilers’ president Patrick LaForge told reporters who speculated on $1 million a year that the sum was “not even in the ballpark.”

PavCo chair Ian Aikenhead (AMJ Law)

A PavCo sales video seeks bidders who want to “be the jewel in British Columbia’s crown.” The Crown corporation is marketing the stadium as the only venue of its type in Canada that has never had a corporate title sponsor, which means it is a blank slate with no legacy names or nicknames. (Commonwealth Stadium in Edmonton remains with its original name, but the field name was sold to the Brick furniture chain.) 

Vancouver is a market of 2.46 million with 10.5 million visitors a year. PavCo says the stadium is passed by 53 million drivers and passengers annually. B.C. Place hosts 17 Whitecaps and 10 B.C. Lions regular season games a year, the wildly successful HSBC Canada Sevens rugby sevens, and large scale concerts and trade shows. In 2018, the Whitecaps averaged 18,211 per game attendance and the Lions 14,769.

“It’s hard to know what attracts a particular naming sponsor, but the location, all the activity, the fact that it’ll be discussed when there are concerts, shows, exhibits, sports teams, that’s what they’re interested in,” Aikenhead said. “To be attached to an iconic stadium that reflects well on their brand. It’s all about branding.”

East Vancouver lawyer Aikenhead’s duty is to lead the turnaround of B.C. Place, which recorded a $12.12 million loss for the year ended March 31, 2018. The figure included a budgeted $8.5 million payment to the Musqueam First Nation under the Parq Casino lands accommodation agreement. PavCo’s other property, the Vancouver Convention Centre, reported a $2.76 million profit.

Aikenhead was the president of the Pacific National Exhibition from 1992 to 2001 and brings the most event hosting experience to the position. Past PavCo chairs have included ex-Grouse Mountain owner Stuart McLaughlin, politician Peter Fassbender, developer David Podmore, executive recruiter Catherine Van Alstine, wholesaler Doris Bradstreet and banker Diana Reid. 

The mandate letter from Tourism Minister Lisa Beare, another new move under the NDP, orders Aikenhead to “maximize private sector revenue” and “explore options for additional revenue streams.”

To that end, the land known as Site 10C, on the east side of the stadium property, could be developed by PavCo, leased or sold. Last year, Vancouver city council approved in principle a 400-foot rental tower on the site. Aikenhead said the government has not made a decision on whether PavCo will develop the property or sell or lease the land. 

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Bob Mackin Ian Aikenhead is hoping that the

Bob Mackin

Finance Minister Bill Morneau’s chief of staff, one of several officials that Jody Wilson-Raybould says wanted her to let SNC-Lavalin off the hook, broke British Columbia’s freedom of information law when he mass-deleted email while working as a senior aide to Christy Clark in 2017. 

In her Jan. 29 decision, Information and Privacy adjudicator Celia Francis ruled that the Office of the Premier failed to respond “openly, accurately and completely” under the law.

Ben Chin watches Christy Clark at a voting station in Dunbar in May 2017 (Twitter)

Ben Chin was Clark’s executive director of communications when, on April 6, 2017, the Ombudsperson released a damning report about the unjust 2012 firings of drug safety researchers in the health ministry. theBreaker.news asked for all of Chin’s email for a 12-hour period on the day that the report dominated provincial news. But, after the provincial election, Clark’s office released only three pages: an op-ed ghost-written for Clark about softwood lumber exports to the U.S.

In mid-June 2017, theBreaker.news sought Chin’s message-tracking logs. The 17-pages of metadata contained proof that a “recover deleted items” folder included email that should have been disclosed to theBreaker.news. Nobody in Clark’s office searched the folder before its contents were deleted and saved to a backup server. 

On July 18, 2017, the NDP’s John Horgan succeeded Clark as premier. In an awkward twist, Horgan’s staff went to work to defend the conduct of Chin, even though Horgan constantly skewered the BC Liberals for what he called a “culture of deception, a culture of deceit, a culture of delete, delete, delete.” 

Francis noted that the government’s own guide on transitory records directs employees to preserve transitory records that are relevant to an FOI request or legal discovery. In her 2015 report, then-Commissioner Elizabeth Denham wrote that “once a public body receives an access to information request, it must keep all records, including both transitory and non-transitory records, in its custody or under its control. If these records are responsive, the public body must produce them unless specific exemptions to disclosure under FIPPA apply.”

The Office of the Premier argued that Chin properly disposed of the transitory email and, she wrote, “also suggested that the emails would be ‘of little or no value’ to the journalist. However, whether the emails were transitory or valuable to the journalist is irrelevant, in my view. The journalist did not request emails pertaining to a specified subject. He requested all of the Executive Director’s emails for a 12-hour period. As such, all of the Executive Director’s emails for that period were responsive to the request, whether transitory or valuable.”

Chin’s affidavit said that he regularly deleted emails he considered transitory, but would not have searched the recovered deleted items folder because he felt those emails were transitory and properly disposed. 

Though Francis found the Office of the Premier broke the law, she followed the rulings of two previous commissioners and did not order the premier’s office to find the deleted email.

“The Office of the Premier’s evidence has persuaded me that it would be a complex, onerous and costly business to restore the requested emails. In the circumstances of this case, I am satisfied that it is not reasonable to require the Office of the Premier to restore the email backups in order to respond to the journalist’s access request.” 

Chin left the B.C. government with a $159,533 golden parachute after the change of government and found a new job in October 2017 as Morneau’s senior advisor. He was promoted to chief of staff in May 2018. 

Ex-Attorney General Wilson-Raybould testified Feb. 27 to the House of Commons justice committee that Chin contacted officials in her office four times between Sept. 6 and 20, 2018 to talk about SNC-Lavalin’s desire to avoid a trial over the payment of $48 million in bribes to the brutal Gadhafi regime in Libya. Chin’s last contact came the day after Wilson-Raybould told Morneau to leave her alone. 

“[Morneau] again stressed the need to save jobs and I told him that engagements from his office to mine on SNC had to stop, that they were inappropriate,” said Wilson-Raybould.

theBreaker.news sought comment from Chin on both his email purge and Wilson-Raybould’s testimony. Instead of answering, Chin referred the query to Morneau press secretary Pierre-Olivier Herbert, who avoided the question about Chin breaking B.C.’s FOI law.

“It is Minister Morneau’s responsibility to protect and promote the creation of jobs across Canada and he will continue to raise such important issues with all his cabinet colleagues,” Herbert wrote. “At no time did Minister Morneau nor members of his office pressure the former Minister of Justice and Attorney General into making any decision regarding the prosecution of SNC-Lavalin.”

Federal lobbying records show that SNC-Lavalin CEO Neil Bruce communicated with Chin on Sept. 18 and Nov. 19, 2018. Clark hired Chin, the former spinner for Ontario Premier Dalton McGuinty, in late 2012.  

Meanwhile, British Columbians keep waiting for Horgan to fulfil a 2017 campaign promise to enact a duty to document law and impose fines for those caught deleting or destroying government records.

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Aff #1 Ben Chin Sworn July 27 2018 by BobMackin on Scribd

Order F19-04 by BobMackin on Scribd

Bob Mackin Finance Minister Bill Morneau’s chief of

Bob Mackin

A White Rock youth soccer association has suspended the head coach of an under-17 girls team after allegations surfaced that he bullied and harassed players when he helmed the Vancouver Whitecaps W-League and Canadian junior national teams more than a decade ago.

Coastal FC said it is deeply concerned about the allegations, which were published on former Whitecap and national team player Ciara McCormack’s blog. The club has suspended Bob Birarda pending an investigation. 

“We are seeing this information for the first time,” said a statement on the club’s website. “We were not privy to any of this information at any point during the application and appointment process of the coach in question.” 

Bob Birarda in 2005 (CSA)

Executive director Chris Murphy declined comment. 

McCormack did not mention Birarda by name, but referred to the Oct. 9, 2008 news release that announced the Canadian Soccer Association and Birarda had agreed to a mutual parting “in the best interest of both parties.” The Whitecaps and Birarda also split on the same day. He had coached the Whitecaps to the 2006 W-League championship, missed the 2007 playoffs and advanced to the conference finals in 2008. 

McCormack wrote that Birarda, who she called “Coach Billy” on her blog, was “charismatic and charming, and a very, very good coach. In my early 20’s he built a training environment that I often participated in, and loved.”

When he became the Whitecaps and national under-20 coach, things changed. 

“Over time, with this immense amount of power, he started to bully and manipulate people and created a shitty, fearful environment. For those of us on the fringe of the national team, we were also on the Whitecaps, and so we were shuffled back and forth and at Coach Billy’s mercy,” McCormack wrote.

Ciara McCormack (Twitter)

“He reminded us often, that he was the reason we were training with the national team, with the obvious underlying insinuation that he gave us the opportunity and he could also take it away.”

McCormack alleged that Whitecaps’ ownership and senior management mishandled complaints. She recounted a May 8, 2007 meeting with president Bob Lenarduzzi in a North Vancouver coffee shop. McCormack and another player begged Lenarduzzi for both help and anonymity. “We told him we didn’t know where else to turn.”

She wrote that Lenarduzzi failed to keep their complaints confidential, that he told Birarda everything. 

“I was terrified and speechless that he’d put us in this situation when we were already so vulnerable and we’d begged him not to,” she wrote.

McCormack went to play with the Ottawa Fury instead that summer. After blowing the whistle on Birarda, McCormack never played again for Canada. She found a spot with the Irish national team and a club team in Norway, but ex-teammates back in Vancouver continued to complain to her of inappropriate behaviour by Birarda. She said the police should have been involved, but instead the CSA and Whitecaps hired a mediator in 2008 and eventually cut ties with Birarda. 

Bob Lenarduzzi (Whitecaps)

CSA general secretary Peter Montopoli did not respond. Lenarduzzi declined comment, but sent a prepared statement that said the well-being of staff and players is “of paramount importance.”

“As a club, we hold ourselves accountable to a respectful workplace policy of the highest standard and expect the same from our staff and athletes. Any matter arising which may be in contravention to this policy goes through a rigorous assessment and, where appropriate, action is taken.”

Birarda has not responded for comment. 

UPDATE (March 1): Meanwhile, B.C. Soccer Association president Kjeld Brodsgaard posted a statement on the association’s website March 1, after a Feb. 27 emergency meeting of the board of directors. Brodsgaard wrote that the board launched a third-party review to determine “whether there are systemic cultural behaviours affecting the safety of players.”

The outcome and recommendations will be shared with the association’s membership. Brodsgaard also publicized Canada Soccer’s third-party-operated whistleblower hotline (1-800-661-9675 and whistleblower@canadasoccer.com).

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Bob Mackin A White Rock youth soccer association