Watchdog to investigate Notley’s former chief of staff

Privacy commissioner to look into handling of UCP request for NDP emails

Alberta’s privacy commissioner is investigating Premier Rachel Notley’s former chief of staff over the role he played in a 2016 freedom of information request made by the opposition.

The investigation into John Heaney will include an oral hearing, and commissioner Jill Clayton expects to issue notices compelling staffers to attend and produce records.

The United Conservative Party wants the hearing to be public, it said in the house Tuesday.

Clayton launched an investigation last year after Opposition freedom of information requests returned sparse inboxes and “sent email” folders belonging to top staffers in Notley’s office, and internal ministry programs encouraged staff to reduce the number of emails in their systems.

In November, UCP accountability critic Nathan Cooper asked Clayton to investigate what he called “political interference” by Heaney and Service Alberta.

Cooper’s wish stemmed from a series of information requests, in which the UCP asked for message tracking log files of a number of NDP staffers, including Heaney.

Heaney was transitioning into the chief of staff role at the time. He has since left Notley’s office.

According to internal emails, Heaney had concerns with the response prepared by bureaucrats and recommended changes to what would be released. Cooper slammed that as political interference.

During Tuesday’s question period, Cooper asked if the NDP was confident Heaney’s actions didn’t break the law.

“Absolutely,” responded deputy government house leader Danielle Larivee.

“We certainly welcome the commissioner’s investigation and our officials will be co-operating fully.”

In a January letter to Notley and Service Alberta Minister Stephanie McLean, Clayton said she, too, has “a number of questions” about how the file was handled.

“Considering the serious allegations that have been raised by the UCP caucus, and my own concerns, I have decided to conduct an investigation on my own,” she wrote.

Clayton is using her powers around record destruction rules to conduct the investigation. She has retained one of the largest business law firms in Canada, McInnes Cooper, to assist her.

Clayton previously retained an investigator who played a key role in the Ontario government gas plant probe to scrutinize the 800,000 emails deleted by the Alberta government and political staffers.

Notley ’s communications director, Cheryl Oates, has said in the past the emails reflect routine FOI procedure.

Under Section 30 of the FOI Act, a third party named in an access to information request can review information being released, and has 20 days to make their case for exceptions to disclosure.