Province considering appeal of PNP ruling

Ryan Ross
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The CBC won an appealed of a decision of P.E.I.'s freedom of information and protection of privacy commissioner that would have kept secret the names of those who received money through the Provincial Nominee Program, also known as PNP.

The provincial government is reviewing whether or not to appeal a recent court decision that allowed for the release of the names of Provincial Nominee Program recipients.

In response to questions about the province's intentions since the judgment's release, Innovation Minister Al Roach issued a statement Monday.

"The decision is currently under review by the province and a decision to either comply with the decision or appeal the decision will be made following that review," he said.

Almost seven months after the initial hearing, Justice Wayne Cheverie issued his decision Friday on the CBC's appeal of a 2010 ruling by former privacy commissioner Judy Haldemann.

In her decision, Haldemann denied requests to release the names of companies that received units under the Provincial Nominee Program.

Cheverie ruled there was nothing to support the finding that any third parties involved would suffer harm if the government released the names, although he decided against allowing the release of the amount of money each company received.

If the province decides to appeal, it has to file its notice of appeal within 30 days of Cheverie's ruling.

Organizations: CBC

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Recent comments

  • so what
    November 06, 2012 - 15:38

    What is the diffrence if all the names come out and we find thay were money that went were it should not have went what are we going to do about it nothing what can be done about it nothing do you think thay are going to be made give it back lol the island is doomed we are getting screwed every day and what is being done about that nothing.

  • SG
    November 06, 2012 - 14:00

    I really wouldn't be surprised if this issue dragged on until the next Provincial Election. Hopefully Islanders will demand Recall Legislation in the next Election to ensure they have a voice on issues and only vote for the Political Parties that are willing to Enact the same. Oh wait this is PEI what was I thinking?

  • intobed
    November 06, 2012 - 13:47

    "Rally for Responsible Government" On November 12, Islanders from all walks of life are invited to come together to express their opposition to a wide ranging number of governmental policies (Plan B, HST, hotel loans, PNP, etc) and to show their willingness to stand up for our democratic rights. It is happening on Monday, November 12th, from 2 pm to 4 pm in front of Province House. Find us on Facebook!

  • SG
    November 06, 2012 - 12:56

    Where is Olive Crane? Why hasn't she made a statement on this? She's been stating that she'll get to the bottom of the PNP for a year or more. Here is your chance Olive. This is best opportunity you could have ever hoped to receive.

  • Bertie
    November 06, 2012 - 11:58

    C'mon Richie Brown. Wayne Cheverie did his part. Now how's about you stepping in filling on the blanks on the financial info, at least for the Ministers, Deputies ad top hot shot lads. Ghiz is going to move on before he sets you up with anything useful. Act now and do the right thing for your admiring public. Doug Currie will give you nothing.

  • Really upset Taxpayer
    November 06, 2012 - 10:25

    Innovation Minister Al Roche is a retired RCMP member, he must know all about the PNP, who got what and how much. What is his opinion on the cover up and possible corruption. He spent his whole career apparently upholding the Law and doing what is right. How can these people in these positions face the electorate. Interesting, has anyone ever asked him?

    • TO Really upset taxpayer
      November 06, 2012 - 11:49

      What is stopping you from asking him yourself. His numbers are published on his website.

    • Townie
      November 06, 2012 - 13:19

      and which website is that? I googled him and the only website I can find that has information about him is his minister's page on the pei government website which mentions nothing abut numbers of PNP units.

  • Janet Gaudet
    November 06, 2012 - 09:44

    I've never been so fed up with a provincial government. The secrecy and cover-ups are the worst I've ever been aware of. I know there's always been secrecy and coverups in government but this government is so dishonest and just keeps carrying on as if they aren't doing anything wrong. I wish there were recall legislation and we could get rid of this government ASAP. All the truth should come out regarding PNP, who got the money and how much did they get. The names I'm most interested in are the accountants and lawyers. I've never seen patronage being used so obviously and it all comes down to "you scratch my back and I'll scratch yours". This government is truly an embarrassment and will go down as the worst government and premier in the history of P.E.I. Whatever way you decide to vote in 2015, if you really care about the future of P.E.I., we have got to get rid of this government. They've got enough time left in their mandate to drive this province into bankruptcy. That's what really concerns me. I'm also very concerned about all the young people who are leaving this province to find work out west.

  • Following PNP
    November 06, 2012 - 08:34

    For the government to appeal this would be another continued waste of taxpayers dollars, their only hope of an appeal would be to stall the process longer and keep hiding the names of companies and people who got PNP Units. This reminds me ot the tactics Mayor Basil Stewart, Deputy Mayor Bruce MacDoudall, Terry Murphy,past CAO, Ben Taylor, City Solicitor now Supreme Court Judge and David Hooley from Cox and Palmer Law firm, did in the constant appeal process in the Griffin case. The past Deputy Chief of Police was the victim of malicious persecution after being falsely charged by Chief David Poirier, back in 2000 he was exonerated of all charges, but the City could not stand being beat, so they kept appealing all the way to the Supreme Court of Canada, at a cost of app $3 million dollars., than the Deputy Chief wins all Courts and finally the City quit as they had no other avenues to appeal.This is exactly what will occur here, the government as the City of Summerside,will never admit blame, again the taxpayers will be the losers, again.

  • Bill Kays
    Bill Kays
    November 06, 2012 - 08:28

    WHY IS THERE NO ACCOUNTABILITY ON THIS ISSUE? Why haven't charges of breach of public trust being brought against those involved as it is apparent to all who have eyes and ears and a nose (because it stinks) that shady crap and probably criminal crap that has taken place here? All monies should be returned. All political favors should be hung out in the public for all to see. Is everyone just going to sit back and let this crap keep happening? Are you all nuts? Can citizens not get angry anymore? It's time for people to throw out the money changers and take back our government (temple).

  • Astalavista
    November 06, 2012 - 08:12

    Good luck with everything boys....

  • Wayne MacKinnon
    November 06, 2012 - 08:09

    CBC should appeal Cheverie's decision as it did not provide all the information they requested. The Privacy Act does not allow this information to be withheld based on the same reasoning Mr. Cheverie gave for providing the names in his first decision. If CBC appeals this decision on this grounds; the matter will have to reviewed by the Supreme Court of Canada,the highest court in the land. This would result in a full public inquiry,we all know the Ghiz Liberals do not want that,nor do the Harper Conservatives want this to happen either. Harper courted the immigrant vote to receive his majority,Harper would not want these voters to know the reason their family members are experiencing such long delays; because some rich immigrants paid their way in through the back door which resulted in overloading the system.

  • Learn to Read
    November 06, 2012 - 07:40

    It is truly amazing how one word slid into the title by the media "considering" could bring out such fuss - but again that is media spin. Nothing in the Gov. statement has alluded to 'considering' an appeal. Also this is just the list folks...those of you who are frothing at the mouth expecting something to happen around some fantasy about 'wrongdoing' are going to be disappointed. I read the article twice...where does it say anything about 'wrongdoing'??? When the list is available....can we move on please?

  • Immigrant
    November 06, 2012 - 07:38

    PEI taxpayers are liable for the PNP scam. Immigrants are the ones who got robbed. The Province should consider either of these stakeholders when making a decision to appeal or not.

  • No Real Information
    November 06, 2012 - 07:34

    It really doesn't matter whether they release the company names or not. The deals where the rules were abused the most involved people setting up numbered companies to receive units. Finding out that 9999999 company received an undisclosed number of units doesn't really tell anyone anything.

    • your right
      November 06, 2012 - 10:02

      You forgot to mention that the Lawyers, Accountants and in-betweeners who found the suckers to pay the 200k will never be found out. They are the ones who made millions and are now laughing at the poor companies who will take the blunt of criticism.

  • Checker
    November 06, 2012 - 07:26

    The provincial government does not want to appeal this decision because they know they have no valid grounds to do so and a Supreme Court ruling will not be in their favour. In fact , a new ruling might order the release of the names as well. What the government will do is play the game of appealing the decision as long as possible in the hope they will be out of office before the appeal is heard. It is called delay, delay, delay!

  • tierd of this
    November 06, 2012 - 07:19

    Can,t wait to see how many went to the cardigan area...hope they do maybe we can also get the number of units they all got.....

  • carlos
    November 06, 2012 - 07:17

    The view from Martinvale............PEI is broke, and the government has no reason to waste taxpayer money on this appeal. Premier Ghiz campaigned on transparency and against patronage. Let's see just how dubious these promises were.

  • Patricia
    November 06, 2012 - 06:43

    Let's face it this is no surprise and even more of a reason to show our discontent of this crooked deceitful Government who continually waste and squander our Tax dollars on the most ridiculous things let's face if they had nothing to hide they should have no reason to appeal .Now they don't even care if they look like they are hiding it is simply pathetic this madness needs to stop and only we as Taxpayers can put a stop to it time to band together People these Guys do not deserve to walk away with oversized pensions

  • Fed Up
    November 06, 2012 - 06:36

    Not on my tax dollar. Enough is enough!!

  • the truth
    November 06, 2012 - 05:20

    Go right ahead, but pay the legal fees out of your own pocket Ghiz. Just like everyone else has to.

  • John W.A.Curtis
    November 06, 2012 - 03:35

    It is a conflict of interest to appeal using taxpayers' money to hid the names of Liberal politicians whose families received PNP money. No appeal.

  • kyle
    November 06, 2012 - 03:21

    There is a new strain in the comments: the gelt was spread around, it is Ghiz, his Gang and the PCs. We have a SmearBund operating here. If the the third group were truly involved why would they be consistently in favor of transparency. No, it is the guilty first two who are fearful - Ghiz & his Gang. The diversionary tactic of slandering the PCs does not hold up. The PNP program was pretty much on the up and up until the liberal marauders turned it into a crooked big box store discounting the Canadian birthright, treating it as a knock off sale item instead of our sacred heritage.

  • C
    November 06, 2012 - 02:47

    someones scared.

  • Pius from BC
    November 05, 2012 - 23:12

    Why would the PEI government want to review Justice Wayne Cheverie's decision? Don't they want to be open and honest?

    • Janet Gaudet
      November 06, 2012 - 07:17

      You have a good sense of humour. Open and honest are 2 words that don't apply to this government.

  • Gerard
    November 05, 2012 - 22:23

    If the Liberal Government have NOTHING TO HIDE just abide by the Cheverie decision......Toot Fine.....

  • Rob McEachern
    November 05, 2012 - 22:21

    Wow, our justice system stinks. Towers of glory and feet of clay. Slo motion and half decisions which do not do anything at all. A Judge can discern between right and wrong, elected officials cannot enrich themselves hidden in privacy matters while holding elected office and doing 500 million dollar deals? Constitutional Law has been set aside. Limp backwater judgement. The judge erred miserably, CBC should appeal right now.

    • your right
      November 06, 2012 - 06:42

      Mr McEachern your right!!! not only should the names be open to the people of PEI, why not tells us how much money each "company/buddy " received. the only reason they are hiding this information is to save them from the embarrassment. PEI is in a very bad situation right now. not only from the "our" current government but a build up of pocket lining from past governments. the biggest question, how do we as province stop this train wreck of pocket lining before its too late. people are out of jobs, have no money, kids are going with out the basic of life, seniors are forced out of their homes. but by god the GOVERMENT of PEI feels the need to give our hard earned money to million dollar company’s and let them walk away with it. Time to get back to the basics of life and do what’s right for PEI!!!

    • heads will roll
      November 06, 2012 - 09:41

      the judge is a very big liberal so he would not release how much or how many for fear of the corruption coming to light and he is just as corrupt for doing so. he went over the case and did everything in his power to hide the truth and and give the people a little to calm the waters..what he is allowing is the names ( big whoop ) go ahead and appeal and maybe they will allow names and how much everyone got and then we will see the true corruption come out.... ill bet browns family got alot???????

  • SlyFox
    November 05, 2012 - 22:21

    More taxpayers dollars wasted when the outcome will be the same.

  • wondering
    November 05, 2012 - 22:12

    I wonder why!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! What a bunch. Getting scared,eh. Wayne Cheverie is an honest man and he made the right decision!!!!! Good for Olive for getting some of these snakes out of the grass!!!!

  • Joe Blow
    November 05, 2012 - 21:59

    If the government and anybody else that is involved in any wrong doings with this PNP scandal had any brains...they would just allow this PNP case to go forward and accept responsibility for it. Members of both the Liberals and the PC parties are obviously involved in this mess and probably even the NDP and Green parties too...who knows....but if ANY government officials really want to re-gain an ounce of credibility and the tax payers trust...then they will just fess up...allow this PNP thing to blow wide open and get it over with so we can put it all behind us!! Until something GOOD happens....people are always going to look down on politics and politicians. PEI politics have to change...we cannot continue to allow politicians to abuse their power. The people should have the power!

    November 05, 2012 - 21:57

    Please do not appeal. Lets end this once and for all............

  • Chester L
    November 05, 2012 - 21:39

    The View From Martinvale............. 1. Absolutely appeal.........PEI Government, stall the " bearing all " of those persons who received special favors from this Government and their friends and familys.............PNP full exposure cannot be tolerated by this Liberal Government because " the fat cats " have to much laundry to be aired and complicity is rampant among those who feel so " entitled " at our PEI's Economic PNP Trough..........paybacks are never witheld,,,,,,,,Your time is up....Go Olive on this one..........they are in both Parties.......charge those who are crimminally responsible with time and payback what was stolen....Pirates they were with booty .

  • Legal observer
    November 05, 2012 - 21:32

    Of course they will appeall delay it..then again it could backfire the SC Appeal Div could order the #of units released also with the names.........

  • sandy mackay
    November 05, 2012 - 21:28

    Not surprising that they would consider an appeal, but if they want the issue to go away, they would be best to let this one stand - after all - we only get names of companies - not how much they actually got. The other serious issue is the use of tax payers money to pay the lawyers taking this to court. Give the money to Social Services to help out needy families at Christmas instead of some rich law firm.

  • GigsUp
    November 05, 2012 - 21:12

    Well Ghiz, I guess the Gig is up, time to bite the bullet and release the info to Islanders. I think the PC party will be just as embarrassed as the Liberals when we see the full list of who benefited.... Maybe its finally time for an NDP government on PEI?

  • mr.booggles
    November 05, 2012 - 21:10


  • CBC should appeal first anyhow
    November 05, 2012 - 21:08

    This was a terrible half decision. Either elected officials can operate private schemes in office and in breach of public trust or everything they do is accountable in full public view. This is provided in the Canadian Constitution and Constitutional law is above all else. Respectfully, I submit that Justice Cheverie erred at law and the amount of money or ANY particulars should be made public, at law. There is no immunity for breach of trust and no blanket can be thrown upon it. Appeal for a full exposure, thanks eh. PEI bench issues to many limp rulings already. Rob McEachern

  • Shane
    November 05, 2012 - 21:05

    Sure waste more tax payer dollars. This goverment has more secrets than the ancient Mayans.

  • johnthames
    November 05, 2012 - 20:56

    If this government of corruption appeals the courts ruling we damn well will know for sure they have something very big to hide. Come clean boys and girls, before the RCMP do it for you. Let's see how many liberals and tories including a few journalists got paid off. My neighbour got paid off as a good liberal and wasted the money like the criminal he is. Bring the names, the truth must be told and the tax man must have his due.

  • don
    November 05, 2012 - 20:53

    ghizzy "must appeal" the opening of the books if not to many names will be shown and as to how crocked the PNP was. and how many of the members of the house got units. i told you he will appeal and it shows that there is lies, crookedness, etc in the great liberal government but i think ghizzy has said everything was honest well he will prove that wrong.

  • Sylvia
    November 05, 2012 - 20:48

    Now that's a surprise..........not!

    • Wasteof time
      November 06, 2012 - 06:48

      The real crooks will be hiding behind (Numbered Companies ) So sadly most names released will be people who actually used this money the way it was meant to be used. Don`t worry Ghiz and his crooks will have their tracks well covered

  • Dear Government
    November 05, 2012 - 20:39

    Why? If there is nothing to hide, why waste taxpayer dollars on legal fees. The money was paid by the immigrant community to invest in private business. Sounds straightforward to me. Nothing to hide, or is there?

  • paul
    November 05, 2012 - 20:17

    time to get this out of the courts , We need every cent to run this Island without wasting more money . Let the names come out .

  • one word
    November 05, 2012 - 20:17

    One word for Robert Ghiz's opaque government: PATHETIC Shauna Sullivan-Curley would be well advised to reign in her big-gun attack dog lawyers from appealing this verdict. Justice Cheverie has ruled in favour of what the majority of Islanders want. If Ms. Sullivan-Curley has one shred of integrity, she would resist pressure from 5th floor south to appeal. If she's pressured, she should resign her position. Otherwise, what little respect I and tens of thousands of other hard-working Islanders have for the legal profession in this province will disappear forever should she allow her department to cover and shield the political elite who have done wrong. One only has to look at what is transpiring with the Charbonneau Commission of Inquiry to see how dangerous eroding public trust and obscuring the truth is for a system of government. PEI is treading on very thin ice as a legitimate province as it stands. Don't disappoint us among the working classes.