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Staffer "likely" deleted Highway of Tears emails: privacy commissioner

Investigation into freedom of information allegations uncovers systemic problems with B.C. government's handling of records
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Political staff in Premier Christy Clark’s office and other ministries have been routinely violating the province’s access to information law, a new report says.

Privacy Commissioner Elizabeth Denham said in a news release her investigation uncovered “negligent searches for records, a failure to keep adequate email records, a failure to document searches, and the willful destruction of records responsive to an access request.”

Denham said the actions “threaten the integrity” of access to information in B.C.

“I am deeply disappointed by the practices our investigation uncovered,” Denham writes in her report, Access Denied. “I would have expected that staff in ministers’ offices and in the Office of the Premier would have a better understanding of records management and their obligation to file, retain and provide relevant records when an access request is received.

“In conducting this investigation, it has become clear that many employees falsely assume that emails are impermanent and transitory, and therefore of little value.”

Denham launched the investigation after Tim Duncan, a former executive assistant in the transportation ministry, complained about the destruction of records in the Highway of Tears missing women case.

Denham claimed that ministerial assistant George Gretes “triple deleted” records from Duncan’s computer. Gretes denied the allegations.

After multiple interviews under oath and a review of forensic evidence, Denham found that “it is more likely than not” that Gretes deleted the records.

"I found Mr. Duncan to be a credible witness and that, on a balance of probabilities, his account of the events of Nov. 19, 2014 was truthful. In contrast, I did not find Mr. Gretes to be a reliable witness,” Denham said. “He admitted to giving false testimony under oath, and aspects of his testimony was contradicted by other evidence."

Denham said the matter has been referred to the RCMP “for investigation of possible offences.”

Citizens’ Services Minister Amrik Virk said Gretes has resigned.

For more stories from the Times Colonist, visit www.timescolonist.com.

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