McGuinty chief of staff warned to keep emails

David Livingston received ‘caution’ on retaining records during transition to Wynne

Amemo sent to former premier Dalton McGuinty’s chief of staff about obligations to retain emails was a “caution,” a senior counsel for an Ontario ministry said at the ongoing gas plants trial.

Don Fawcett, who worked on the memo sent to David Livingston — who, along with deputy chief of staff Laura Miller, faces several charges in relation to the alleged wiping of hard drives in McGuinty’s office in 2013 — was asked by the defence if it was a request, since it was not an order.

“It’s a caution,” said Fawcett, who works in the Ministry of Government and Consumer Services in the area of access and privacy laws. “It’s a concern that we are expressing” about record retention.

Livingston and Miller have pleaded not guilty to the charges, which stem from the government’s cancelling of gas-fired power plants in Mississauga and Oakville before the 2011 election. If convicted, they could each face up to 10 years in prison.

Premier Kathleen Wynne replaced McGuinty in February 2013, but the changeover of power took place amid a political furor over the cancellations. The government was under intense pressure to produce documents on reasons for the cancellations.

Court has heard the memo was sent to Livingston by cabinet office legal counsel William Bromm when Livingston was given an administrative password allowing him wide access to computers during the transition from McGuinty to Wynne. With files from Rob Ferguson