VAdm Norman - Supply Ship contract: Legal fight

[McG]

I don't see it.  All the articles discuss the letters from Irving, but they don't say that those letters are what was leaked. 

In contrast, shortly after mentioning those letters, one article claims the leaked material was:

Documents related to the procurement plan

 

[Oldgateboatdriver]

It's these two paragraphs that follow one another that got me thinking that was the case:

Just days before the pause was ordered, the co-CEO of rival Irving Shipbuilding, James Irving, sent a letter to Public Services and Procurement Minister Judy Foote and Defence Minister Harjit Sajjan. It was also copied to Treasury Board President and Nova Scotia MP Scott Brison and Finance Minister Bill Morneau, asking for a review of the lease plan.

All of those details were leaked to the media, setting off a furious round of internal finger-pointing and adding fuel to the fire of an ongoing RCMP investigation into unauthorized disclosures of cabinet documents and decisions.

The only documents mentioned that far in the article are the Irving letters in the preceding paragraphs, as for actual decisions of the cabinet, they are not protected by any rule of confidentiality. In fact, once a decision is made, that decision is a public decision automatically, unless covered by the secrets act. It is the deliberations that are protected by confidentiality rules.

If I can phrase its that way: The cabinet can make decisions in secret, but it cannot make secret decisions.

 

[Kirkhill]

And in other news:

Judy Foote taking leave of absence, cites personal and family reasons
Minister of Public Services and Procurement will be replaced by Jim Carr on interim basis
CBC News Posted: Apr 06, 2017 4:59 PM NT Last Updated: Apr 06, 2017 5:31 PM NT

http://www.cbc.ca/news/canada/newfoundland-labrador/judy-foote-leave-of-absence-1.4059068

 

[The Bread Guy]

From my aggregate read of the three article...
-- Court docs allege documents "related to the procurement plan ... were leaked to media & the defence industry".  (CTV.ca)
-- Court docs allege a company's officials supplied "information subject to cabinet confidence" to senior company officials, as well as to company lobbyists. (G&M)
-- CBC's story mentions "all those details were leaked" after talking about Irving's letters to government Ministers, and cabinet's decision to delay the planned lease, suggesting information on both may have been leaked.

So, based on the above, we appear to have  cabinet stuff =>company => lobbyists + media, and if company => lobbyists (according to G&M), we have ?=>media and ?=> company.

Then again, this assumes all the articles cover all the bases, which, even in their aggregate, they can't.  Funny how media outlets who mention documents rarely share those documents with readers so they can make up their own minds.  We'll have to see how much is shared if the full documents are released via court action launched by one of the media outlets.

And in other news:

Judy Foote taking leave of absence, cites personal and family reasons
Minister of Public Services and Procurement will be replaced by Jim Carr on interim basis
CBC News Posted: Apr 06, 2017 4:59 PM NT Last Updated: Apr 06, 2017 5:31 PM NT

http://www.cbc.ca/news/canada/newfoundland-labrador/judy-foote-leave-of-absence-1.4059068

 
Good catch - Canada's version of "wanting to spend more time with the family"?

 

[dapaterson]

If I can phrase its that way: The cabinet can make decisions in secret, but it cannot make secret decisions.

To the contrary; the cabinet can and has made secret decisions.  Granting of Canadian passports to the Americans in hiding in Iran in 1980 for example.


Watching this unfold in slow motion, with both sides putting their best foot forward (and holding their fire until their opposition releases something) one needs to remember that there are agendas at play on both sides, which in turn will dictate what information gets released, and what gets held back.  I suspect that there is much more to this than either side is willing (at this time) to reveal.

 

[Kirkhill]

It's these two paragraphs that follow one another that got me thinking that was the case:

Just days before the pause was ordered, the co-CEO of rival Irving Shipbuilding, James Irving, sent a letter to Public Services and Procurement Minister Judy Foote and Defence Minister Harjit Sajjan. It was also copied to Treasury Board President and Nova Scotia MP Scott Brison and Finance Minister Bill Morneau, asking for a review of the lease plan.

All of those details were leaked to the media, setting off a furious round of internal finger-pointing and adding fuel to the fire of an ongoing RCMP investigation into unauthorized disclosures of cabinet documents and decisions.

The only documents mentioned that far in the article are the Irving letters in the preceding paragraphs, as for actual decisions of the cabinet, they are not protected by any rule of confidentiality. In fact, once a decision is made, that decision is a public decision automatically, unless covered by the secrets act. It is the deliberations that are protected by confidentiality rules.

If I can phrase its that way: The cabinet can make decisions in secret, but it cannot make secret decisions.

Further to your last:

Irving denial

In the aftermath of the leaks, angry federal bureaucrats accused Irving officials of slipping the letter calling for a review to reporters at CBC News and Postmedia — something the notoriously media-averse company vehemently denied.

Kevin McCoy, president of Irving Shipbuilding Inc., issued a statement at the height of the controversy, noting the company had also been asked to come up with an interim supply ship plan, and their call for a review of their rival's deal was meant to ensure "an open, merit-based evaluation of all proposals."

Irving Shipbuilding 20160907
Kevin McCoy, president of Irving Shipbuilding Inc., addresses the crowd at DEFSEC Atlantic, the Canadian Defence Security and Aerospace Exhibition Atlantic, in Halifax. (Andrew Vaughan/Canadian Press)

But how hard the company pushed that line behind closed doors with the new Liberal government is unclear.

Defence Minister Harjit Sajjan, who as the newly appointed minister, toured the Halifax shipyard on Nov. 20, 2015, and met with Irving officials — the same day the first of the leaked stories on the Davie supply ship program appeared in the media.

The concern of the bureaucrats apparently was the public release of the Irving letter - putting the Government in a tight spot 2 weeks after being sworn in and 10 days before the Davie contract forced a decision.

 

[Edward Campbell]

See, also, this CBC report, from James Cudmore (who is now part of the story, himself) from late Nov 16 which seems to indicate (near the end under "Rival company "disappointed"") that the Irving and Seaspan letters and the Navy's views were pretty well known to, at least, Mr Cudmore.

 

[MarkOttawa]

More details on all the intrigue and lobbying at high levels:

Allegations against military's No. 2 spelled out after months of rumours
Search warrant shows Norman was under RCMP covert surveillance for months prior to suspension
...
Details in the RCMP's search warrant suggest senior officials at Chantier Davie, a company that builds ships, received documents revealing that the Liberal cabinet had paused the $668-million project to supply the navy with an interim supply ship. The RCMP's theory on how Davie got those documents is not revealed in the unredacted portions of the court documents.

The records go on to claim the information made its way through a high-profile Ottawa lobbying firm to the media, which broke the story on Nov. 20, 2015 — one day after the cabinet committee called a temporary halt.

The RCMP accuse Norman of breach of trust under the Criminal Code, as well as wrongful communication of information and allowing a cabinet document to be released, both contrary to the Security of Information Act.

The allegations have not been proven in court and Norman has not commented.

Just prior to the release of the court documents, email exchanges between Norman and a friend were released to some media. In the emails, which CBC has verified with a source, the career military man said he was considering resigning over the cabinet decision, something he believed was heavily influenced by the politics of the new Liberal government.

"I can't keep playing along much longer," Norman said in the email, dated Nov. 21, 2015. "The blatant politics of this (and too many other similar files) is just beyond what should be reasonable."

The emails do not point the finger at any specific cabinet minister, but lay out Norman's belief that Irving Shipbuilding Inc. — a rival to Chantier Davie — was determined to kill the interim supply ship project, which was approved in the waning days of the former Conservative government.

The RCMP search warrant shows, among other things:

    A staffer in Treasury Board President Scott Brison's office was flagged the day before the media jumped on the story that cabinet documents might have leaked.
    Norman was under covert surveillance by the RCMP months before they raided his home in January of this year.
    Similar raids were carried at the Davie shipyard and the offices of two Ottawa lobbying firms...
One of the cabinet leaks went to a CBC News reporter, who has since left journalism and is now a senior policy adviser in Defence Minister Harjit Sajjan's office.

The 2015 story by James Cudmore alleged — additionally — that Irving Shipbuilding may have had a hand in convincing cabinet to halt the project, which at that point in time would have had disastrous consequences for Davie's financing. It references a Nov. 17, 2015, letter sent by James Irving to Sajjan and Public Works Minister Judy Foote, which argued for a pause and consideration of Irving's rival supply ship proposal.

"We understand that a contract for Davie Shipyard to provide the Interim Refuelling at Sea capability is awaiting approval by the new government," said the letter, which was released as part of the RCMP court document package. "I ask your support to request that the Irving-Maersk proposal be competitively evaluated before a contract is placed."

The effect of the leak on cabinet was swift and electric...

The president of Irving Shipbuilding issued a statement Thursday putting distance between the Halifax-based company and the RCMP investigation of Norman. Kevin McCoy restated opposition to the Davie proposal and denied suggestions of interference.

"At the time of the letter we understood that no final contract had been awarded and we wanted to ensure that the new government had all relevant information prior to making a final decision," he said.

Speaking on background late Thursday, a company official said Irving was not aware of the specifics of the Davie contract, but simply knew that the details had not been finalized...
http://www.cbc.ca/news/politics/norman-rcmp-investigation-1.4059398

Mark
Ottawa

 

[Kirkhill]

An older article, from March 15, on the investigation and cabinet secrecy:

DND leak investigation started under Tories, expanded under Liberals
Expert says where Liberals and secrets are concerned it's 'meet the new boss, same as the old boss'
By Murray Brewster, CBC News Posted: Mar 15, 2017 5:00 AM ET Last Updated: Mar 15, 2017 5:08 AM ET

The RCMP has been conducting a secret, wide-ranging investigation for many months into a series of leaks involving classified cabinet papers, decisions and other sensitive information — a high-stakes probe that's not only targeted the country's second-highest military commander, but additional unnamed suspects, CBC News has learned.

Multiple sources tell CBC News the hunt for informants began under the former Conservative government, but gained a renewed intensity in November 2015 under the newly elected Liberals following at least three sensitive breaches that were splashed across the media.

Two of the leaks referenced cabinet documents or decisions concerning military shipbuilding, said the sources, who were granted anonymity by CBC News because of the sensitivity of the case.

The disclosures revealed underfunding and other problems with the government's multibillion-dollar national shipbuilding strategy and "infuriated" and embarrassed not only the government, but proponents of the strategy within the bureaucracy.

The RCMP have questioned suspects in both Ottawa and on the West Coast, the sources said.

RCMP silence

The leaks provide a bit of a peek behind the curtain to the back-room war that's been raging over the shipbuilding strategy as the military grows more impatient waiting for the delivery of promised warships.

Vice-Admiral Mark Norman, Canada's vice-chief of defence staff, was suspended from his duties but not relieved of command two months ago. He apparently came to the attention of the Mounties after investigators examined email traffic that referenced him.

His lawyer, Marie Henein, who also represented former CBC Radio host Jian Ghomeshi during his sex assault trial, issued a statement on Feb. 23 saying it would be a "profound disservice" if Norman was to be the casualty of "bureaucratic crossfire."

His legal issues began on Jan. 9, when he was questioned at length by investigators in his home. He was suspended by the military four days later and news of the extraordinary step was leaked to the media.

Norman being investigated for alleged leak of classified shipbuilding data

Chief of Defence Staff Gen. Jonathan Vance appointed the head of the navy as the acting vice-chief. But in a sign there will be no swift resolution for Norman, Vance recently tweeted that he plans to shuffle another flag officer into the job on a temporary basis, beginning at the end of May. 

RCMP Commissioner Bob Paulson hasn't spoken publicly about the leak investigation, refusing even to answer a Senate committee's question about the probe. (Sean Kilpatrick/Canadian Press)

Norman's electronics, including home computer and tablet, were seized under a search warrant that has been sealed for national security purposes.

Both National Defence and the Liberal government, whose members campaigned in 2015 as the antidote to the secrecy of Stephen Harper's Conservatives, have steadfastly refused to explain why Norman has been removed and have not even publicly acknowledged an investigation is underway.

In an extraordinary move a few weeks ago, RCMP Commissioner Bob Paulson refused to answer a Senate committee's question about the case.

Shipbuilding and Syrian leaks

The most politically sensitive and damaging of the November 2015 leaks led to stories about the Liberal government's temporary halt to the planned lease of a converted cargo ship for the navy, a program known as Project Resolve. Both CBC News and The Canadian Press reported that story and the CBC's sources say the government believed it made them look foolish.

It was followed days later by another CBC News story that quoted from briefing material prepared for newly minted Defence Minister Harjit Sajjan and Public Works Minister Judy Foote that warned shipbuilding program costs were out of control and the government needed a four-point plan to address the problem.

Royal Canadian Navy
The federal government plans to lease a naval supply ship from Federal Fleet Services Inc. as a stop-gap measure to replace its now retired replenishment ships, including HMCS Protecteur, pictured here. (Marco Garcia/Associated Press)

The third disclosure to raise the hackles of the government that month involved details about the military's plan to house Syrian refugees and how much it was going to cost. Both Postmedia and The Canadian Press obtained separate leaks on that file.

The RCMP probe, which sources say is being carried out by the sensitive investigations unit, is focused almost exclusively on disclosures of so-called classified information to the media and the defence industry, and apparently does not involve suspected corruption.

Computers at National Defence were monitored remotely in order to track incoming and outgoing contacts some in the department were having with outsiders, the sources said.

The RCMP did not answer requests for comment.

The secrecy reflex

Anger and embarrassment about the leaks appears to have more to do with politics and bureaucratic ineptness than national security, said one expert.

"There are pressures to keep things closed that come both from the civil service and the politicians," said Michael Byers, a University of British Columbia defence policy expert who has written a number of studies critical of Canada's military procurement.

There were "procurements that have actually failed because of incompetence within the bureaucracies," he said, referring to examples such as navy supply ships and logistics trucks.

"So in that kind of situation, civil servants will want to cover up their mistakes or potential mistakes by casting this veil of secrecy over top of them. At the same time, responsibility for those mistakes actually rests with the political masters."

There is a trend towards the over-classification of information, he said.

'Right now, it's a little bit of meet the new boss, same as the old boss.'
- Mike Larsen, co-author of Brokering Access: Power, Politics, and Freedom of Information Process in Canada
One example he cites in shipbuilding is the Liberal government's refusal to release cost estimates for the multibillion-dollar frigate replacement program.

The public works minister said Canadians won't know the price tag of the warships until the government signs the contract in 2019. The same goes for the purchase of 18 Boeing Super Hornet jet fighters to help the air force meet its obligations while the government shops for a permanent replacement for the aging fleet of CF-18s.

Those figures are now treated as confidential and releasing them could be considered a violation of cabinet secrecy.

Byers says that's a disservice to the public.

Liberals and secrecy

Another expert says what's more alarming is the Liberals have become more clandestine than the Conservatives in some key areas — contrary to what they promised on the campaign trail.

"Right now, it's a little bit of meet the new boss, same as the old boss," said Mike Larsen, a criminology instructor at Kwantlen Polytechnic University in Surrey, B.C., and co-author of Brokering Access: Power, Politics, and Freedom of Information Process in Canada.

Last fall, the Liberals introduced an unprecedented gag order to prevent 235 Canadian military personnel and federal workers from ever talking about the fighter jet replacement program.

Former top security boss says it's 'almost impossible' to trace defence leaks

They have also refused to roll back changes instituted under the Conservatives that affect how access to information legislation deals with cabinet secrets. The effect of the tweaking of federal Treasury Board regulations in 2013 is that more documents requested by the public can be deemed "cabinet confidence."

"If we look back in 10 years' time we'll have a better sense of this, but it wouldn't surprise to see that secrecy deepened and intensified and became more entrenched and more of a matter of policy under the Liberal regime," said Larsen. "Precisely because they're dealing with issues around transparency at a time when they're also expanding the entire security apparatus." 

Exercising judgment with secrets


Former RCMP commissioner Bill Elliott would not comment on the current investigation, but in an interview rejected the wide-ranging assertion that information is routinely withheld to avoid government embarrassment.

He said during his time as commissioner from 2007 to 2011, he witnessed times when it would have been politically expedient to release something, but it didn't happen because there are sound public policy reasons why government officials are legally and ethically bound to respect the confidentiality of information.

RCMP Head Quits 20110204
Former RCMP commissioner Bill Elliott says there are sound public policy reasons why government officials are legally and ethically bound to respect the confidentiality of information, but there are also limits and room for discretion. (Canadian Press)

But there are limits, he says, and officials need to exercise judgment and discretion when deciding whether there's a greater public interest served by releasing information.

"You have to have a good reason to keep information secret," he said. "And the reason for keeping information secret isn't because it's embarrassing information — or even if it is in a so-called secret document that is marked secret.

"You have to look beyond the secret label to the actual contents of the document and make a decision on whether or not that information can and should be released."

http://www.cbc.ca/news/politics/norman-secrecy-investigation-1.4024459

Michael Byers is not my usual quotable source but this time......

Interesting that he seems to be pointing at suits and not uniforms this time.

 

[SeaKingTacco]

And in other news:

http://www.cbc.ca/news/canada/newfoundland-labrador/judy-foote-leave-of-absence-1.4059068

Well. This is curious timing.... op:

 

[George Wallace]

Well. This is curious timing.... op:

I had similar thoughts.

Seems to be a trend (if you look into it) within this Party.

 

[Edward Campbell]

Minister Foote has a history of breast cancer ...

 

[The Bread Guy]

Minister Foote has a history of breast cancer ...

If that's the case, then it may actually be for health reasons - thanks for a bit of the REST of the story.

 

[SeaKingTacco]

Minister Foote has a history of breast cancer ...

Thank-you. Let's hope it is not that.

 

[Journeyman]

I really hope that this whole putrid sack of shyte called Defence Procurement gets opened to the light of day. But I'm not holding my breath.

Amazon Link
It's certainly not a mystery, and as this site has seen, there is no shortage of examples.
...and unlikely to be fixed since both parties see military procurement overwhelmingly in terms returning "favours."

...I am currently in the process of drafting a nice long letter to my MP, who happens to be Liberal but a backbencher, to ask him to get off his legendary behind, stand for what he was elected for (holding government accountable).....

I can't speak for your MP, but I'd write a short letter, using small words (framed as 'talking points') ....and probably some repetition of the key points.

 

[Humphrey Bogart]

Amazon Link
It's certainly not a mystery, and as this site has seen, there is no shortage of examples.
...and unlikely to be fixed since both parties see military procurement overwhelmingly in terms returning "favours."
I can't speak for your MP, but I'd write a short letter, using small words (framed as 'talking points') ....and probably some repetition of the key points.

Or how about a YouTube video, that seems to do a better job catching the sun king's attention.

 

[Cdn Blackshirt]

Let me see if I have this right:
1.  Davie was confirmed with the Project Resolve AOR by previous Conservative Government
2.  Irving sensing an opportunity with their buddies in the new Liberal Government, sent some letters trying to kill that deal.
3.  The Cabinet having reviewed the Irving letter agreed to at least stall the Davie deal (with the likelihood being it would eventually be killed and re-bid so that Irving coudl get the business)
4.  Norman became upset and leaked the Cabinet decision to Davie who engaged lobbyists and the media to shame the Liberal Government into keeping the Davie deal in place
5.  The Liberal Government pissed off that they were unable to shift the deal to their fundraising pals at Irving went on a witch hunt to find out who buggered with their plan.

Is that close? 

M. 

 

[suffolkowner]

Let me see if I have this right:
1.  Davie was confirmed with the Project Resolve AOR by previous Conservative Government
2.  Irving sensing an opportunity with their buddies in the new Liberal Government, sent some letters trying to kill that deal.
3.  The Cabinet having reviewed the Irving letter agreed to at least stall the Davie deal (with the likelihood being it would eventually be killed and re-bid so that Irving coudl get the business)
4.  Norman became upset and leaked the Cabinet decision to Davie who engaged lobbyists and the media to shame the Liberal Government into keeping the Davie deal in place
5.  The Liberal Government pissed off that they were unable to shift the deal to their fundraising pals at Irving went on a witch hunt to find out who buggered with their plan.

Is that close? 

M. 

I think mostly,probably. I am having a hard time being upset with the former VCDS, for now pending more info I wish him good luck in the future

http://www.theglobeandmail.com/news/politics/vice-admiral-normans-e-mail-spoke-of-blatant-politics-of-supply-ship-contract/article34625474/

 

[Kirkhill]

Let me see if I have this right:
1.  Davie was confirmed with the Project Resolve AOR by previous Conservative Government
2.  Irving sensing an opportunity with their buddies in the new Liberal Government, sent some letters trying to kill that deal.
3.  The Cabinet having reviewed the Irving letter agreed to at least stall the Davie deal (with the likelihood being it would eventually be killed and re-bid so that Irving coudl get the business)
4.  Norman became upset and leaked the Cabinet decision to Davie who engaged lobbyists and the media to shame the Liberal Government into keeping the Davie deal in place
5.  The Liberal Government pissed off that they were unable to shift the deal to their fundraising pals at Irving went on a witch hunt to find out who buggered with their plan.

Is that close? 

M. 

A whole bunch of "facts not in evidence" there Blackshirt.  It is not clear how the information made it from the cabinet table to the reporter who is now the Minister of Defence's Policy Director, or even if it did go by way of the cabinet table.

 

[OldSolduer]

There's something rotten in the state of military procurement in Ottawa, but we've known that for decades.....actually Sam Hughes and his cronies saddled soldiers with the Ross rifle among other things. And the Loud Squeaky Vehicle Wheeled is another example.

It seems we can't or won't learn from mistakes. Maybe a high profile procurement person spending some quality time "rehabilitating" with some fellow miscreants may encourage the others.....

It really is unfortunate that the troops have no one watching their backs when it comes to kitting them out.