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BRIAN JONES: Should architects of Muskrat Falls go to the slammer?

Aerial View of the Muskrat Falls site – looking upstream. - Contributed
Aerial View of the Muskrat Falls site – looking upstream. - Contributed

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There is no point anymore in Newfoundlanders dreaming about the economic paradise of Alberta, but anyone who needs a replacement fantasy can close their eyes and happily visualize a jail door slamming behind the architects who concocted the Muskrat Falls hydroelectric project.

To make it even more fun, a public contest or lottery could be held, with the lucky winner getting the honour of slamming the door shut, while saying something historic, like, “One small step for a Newfoundlander, one giant leap for Newfoundland.”

It didn’t take long for Premier Dwight Ball and his Liberals to take political advantage of Commissioner Richard LeBlanc’s report, “Muskrat Falls: A Misguided Project.”

(“Misguided”? Despite its myriad revelations and condemnations, the report’s understated title is equally shocking. You can imagine LeBlanc on the bench, sentencing a serial killer: “Young man, you are seriously misguided.”)

Ball referred LeBlanc’s report to the police and to the Department of Justice for possible further investigation and/or legal action.

Some among the masses might cheer this move, and raise their pitchforks in approval.

More reasonable citizens might object that such a move not only reeks of rank politics, it is a dangerous manoeuvre expected in a police state, but not in a democracy.

Perhaps Ball and his Liberals need reminding that he and his Liberals supported building Muskrat Falls. So, if the police and the Department of Justice are tasked with investigating malfeasance in the creation of the Muskrat Falls debacle, well, their dragnet should snag more than just Tories.

That would be a good lesson to Ball of the danger of involving the police in an issue that is, and was, political. Period. Full stop.

Ah, but what of the misinformation, misrepresentation and lies cited by LeBlanc in his report — surely the dirt he discovered should result in some pretty prominent people taking a perp walk.

Ball and Natural Resources Minister Siobhan Coady apparently think so, and they’ll probably be supported by mobs across the province justifiably eager for retribution and revenge.

Here is an exercise. Imagine that all the lowly citizens of Newfoundland are shareholders. The CEO and board of directors of Newfoundland Inc. have just blown $12.7 billion on a deal gone bad.

The company’s annual shareholders’ meeting devolves into raucous accusations of dereliction of duty and fraudulent representation. Ches Crosbie announces he is leading a class-action lawsuit against the CEO and board of directors.


"...if the police and the Department of Justice are tasked with investigating malfeasance in the creation of the Muskrat Falls debacle, well, their dragnet should snag more than just Tories."


Fifteen years later, the case gets to court. The CEO’s defence lawyer asks a witness, “Did the shareholders of Newfoundland Inc. ever vote on this deal?”

“Yes, they did,” replies the witness.

“Despite not having all the information, did they have enough to make an informed decision?”

“Yes, I suppose they did.”

“What was the result?” asks the lawyer.

“Well, it was a long time ago,” says the witness, “but I seem to recall it was 79 per cent in favour.”

“Case dismissed!” says the judge.

Any first-year law student could present a convincing argument that misinformation, misrepresentation and lies are part of the political process, and cannot be grounds for either criminal prosecution or civil action.

He or she could bring numerous exhibits into court as evidence — dozens from Newfoundland alone, never mind other provinces or federally.

Dragging the perpetrators of the Muskrat Falls fiasco into court would not only be hypocritical — “We never voted for Muskrat Fall!” shouts the mob, despite obvious evidence to the contrary — it would be an extremely dangerous precedent.

Do you really want the police to get involved in a political issue? Should the police get involved in any issue that is essentially political? Is incompetence a prosecutorial offence? No. The cops can serve the public better by catching speeders and, in the case of the RNC, ensuring the proper behaviour of their officers.

If the RCMP and RNC have any sense, they won’t touch the Muskrat Falls issue with a 10-foot billy club.

None of LeBlanc’s 17 recommendations mention the police. Not one of his recommendations mentions the Department of Justice reviewing the possibility of civil action.

So, it’s just more political deception and manipulation. Have you had enough yet?

Brian Jones is a desk editor at The Telegram. He can be reached at [email protected].


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