P.E.I.'s Mi'kmaq Confederacy will allow AG access to legal files
MCPEI will allow auditor access 'in the spirit of cooperation and transparency'
After a request from the province, P.E.I.'s Mi'kmaq Confederacy has agreed to waive client privilege and allow Auditor General Jane MacAdam access to information in legal files she recently complained was lacking.
In her long-awaited report on e-gaming delivered earlier this month, MacAdam said she had difficulty obtaining key documents related to e-gaming.
Between 2009 and 2012, the P.E.I. government and the Mi'kmaq Confederacy were involved in a plan to set up a system to license internet gaming sites. Government spent more than $1.5 million on the initiative, but it was scrapped in 2012.
'Access to the relevant information'
"In the interest of public confidence, today I sent a letter to Abegweit First Nation Chief Brian Francis and Lennox Island First Nation Chief Matilda Ramjattan proposing that MCPEI consider waiving client privilege and thereby allow the Auditor General access to the relevant information, subject to any non-disclosure that may apply," said Premier Wade MacLauchlan in a written statement Tuesday.
In her report, the auditor general acknowledged her inability to access the McInnes Cooper legal file on e-gaming as the firm has invoked lawyer/client privilege.
"Despite several attempts by our office, this law firm would not agree to meet and provide us with any relevant information," MacAdam said in her report. While musing that she did have the power to subpoena people and documents, MacAdam concluded "it was not in the best interest of taxpayers" and MLAs to pursue what would have likely been long, expensive court proceedings.
'Welcome the opportunity'
The chiefs of P.E.I.'s two First Nations quickly issued their own release Tuesday, agreeing to the request.
"In the spirit of cooperation and transparency, MCPEI has notified its solicitors, McInnes Cooper, that it will permit the release of relevant files to the auditor general with the exception of information related to 3rd party non-disclosure agreements," stated a written release on behalf of the Mi'kmaq Confederacy.
At the same time, the confederacy notes there were several third parties negotiating with the province and MCPEI in relation to being licensed under an e-gaming regulatory framework, and they provided proprietary information that is legally protected under those non-disclosure agreements.
"Both Chief Francis and Chief Ramjattan welcome the opportunity to provide the Auditor General with relevant information and look forward to any updates that she may provide to the public and the Public Accounts Committee," the release concluded.
In an email to CBC, McInnes Cooper said it would follow its clients' wishes.
"Our client, MCPEI, has notified us that it will permit the release of relevant legal files to the Auditor General with the exception of information subject to third party non-disclosure agreements. As we have previously stated, solicitor-client privilege belongs to our client. We will continue to be guided by and honour the instructions of our client, MCPEI, in this matter," the email stated.
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With files from Kerry Campbell