Not ‘a risk I would ever support taking’

Former civil service head tells Liberal trial he didn’t expect ‘outsider’ to be given password

The former head of Ontario’s civil service says he never would have granted a special computer password to the McGuinty premier’s office had he known it would be given to an “outsider.”

“That would not be a risk I would ever support taking,” Peter Wallace, now city manager of Toronto, said at the criminal trial of two top aides to ex-premier Dalton McGuinty on Tuesday.

The aides, former chief of staff David Livingston and his deputy Laura Miller, are charged with breach of trust, mischief in relation to data and misuse of a computer system in the alleged wiping of hard drives before Premier Kathleen Wynne took over from McGuinty in February 2013.

Livingston, a former investment banker, and Miller have pleaded not guilty.

Wallace told Crown attorney Tom Lemon he did not know at the time that Miller’s life partner, Peter Faist, a private information technology contractor, was brought in to wipe computer hard drives after Livingston’s request for a special password was granted.

The only inkling that a non-government person might be brought in was when a subordinate noted Livingston had mentioned the possibility, added Wallace, who as cabinet secretary from 2011-2014 was Ontario’s highest-ranking civil servant.

“I placed no weight on this whatsoever,” Wallace testified. He said the idea was “so far beyond the norms” in a government where only authorized IT staff or private contractors hired with security clearance would be allowed to perform such tasks.

Wallace said he had deep concerns political staff in the government were not producing documents ordered by a legislative committee probing reasons behind the contro- versial cancellations of two gas-fired power plants in Oakville and Mississauga before the 2011 election.

That’s why an email was sent to Livingston in late January 2013 warning of the legal obligation to save records on the decision.

Wallace said he had already warned Livingston “the only type of organization that doesn’t keep any records is a criminal organization.”

Defence lawyers say Livingston simply wanted the password granted to clear personal and other non-sensitive information from hard drives before the keys to the premier’s office were turned over to Wynne’s team.

With his business background, Livingston was also concerned sensitive information about talks to compensate the builders of the gas plants would become public.

An email sent to former Liberal chief of staff David Livingston warned of the legal obligation to save records around the gas plants

“That could prejudice Ontario’s position,” Livingston lawyer Brian Gover said while cross-examining Wallace.

Wallace said he shared that concern, but added MPPs on the legislative committee could have been asked not to make those details public after receiving documents. He disputed Gover’s assertions — based on the former premier’s remarks to OPP investigators — that the McGuinty premier’s office handled a lot of business verbally, in meetings and conversations, instead of in emails. Reading from the police interview, Gover told court McGuinty said his office had “an overwhelming oral nature.”

“I was, frankly, shocked by that,” Wallace replied, insisting many briefing notes were prepared for the premier by cabinet office policy analysts. “I simply, flatly, disagree with that.”

Wallace returns to the witness stand Wednesday.