Out of a 'desire for transparency,' Kinew chooses to be opaque about punting Wasyliw

Fourteen months after Brian Pallister's Progressive Conservatives won their first majority government in Manitoba, the PC caucus expelled Assiniboia MLA Steven Fletcher.

Pallister refused to specify why Fletcher had been pushed out.

"Every caucus, every community organization, every sports team, every businesshas rules of conduct for those members. And being in a caucus and being in any organization requires those rules to be followed," Pallister said in 2017, when Fletcher was expelled.

"Sadly, sometimes people decide that they'd rather not and so they work alone."

In a move that parallels Pallister's ejection of Fletcher, Premier Wab Kinew's New Democrats saw enough ofMark Wasyliwearly on to eject the Fort Garry MLA from caucus 10 months after the NDP won a majority.

The major difference is the NDP government offered an explanation for getting rid of Wasyliw then changed it and took it back.

On Sept. 16, when the NDP announced Wasyliw's expulsion,caucus chair Mike Moyescited Wasyliw'slegal/business association with lawyer Gerri Wiebe, who is representing convicted sexual predator Peter Nygard in court.

"The decision came after our caucus learned that MLA Wasyliw's business partner is acting as Peter Nygard's criminal defence lawyer," Moyes said in a statement. "MLA Wasyliw's failure to demonstrate good judgment does not align with our caucus principles of mutual respect and trust."

That decision provoked outrage within the legal community, which resented Moyesimpugningthe work of defence lawyers on the basis that even a tenuous connection to a criminal defendant Wasyliw has never defended Nygard serves asgrounds for professional dismissal.

Two days later, as criticism from the law professionmounted, Moyes offered a separate reason for cutting ties with Wasyliw.

Wasyliw's professional association with Wiebe, Moyes said on Sept. 18, was merely the"straw that broke the camel's back" in terms of the NDP's professional association with Wasyliw.

"There's been many disrespectful incidents where he has disrespected numerous caucus members, cabinet ministers and the premier, and there's beenincidents where he didn't follow our process," Moyes told reporters.

In other words, Moyes suggested Wasyliw was punted because he was not a team player. That seemed to be the official reason until Wednesday, when Kinewstood inside the legislative chamber and reverted to the earlier explanation.

"The reasons given for the expulsion of one of our former MLAs were accurate," Kinew said toward the start of question period.

Manitoba Legislature back in session, starts with apology from the premier

9 days ago

Duration 1:54

The Manitoba Legislature was back in session Thursday, following the summer break. It started with an apology from Wab Kinew.The premier apologized for statements made when the NDP expelled MLA Mark Wasyliw from caucus.

"However, upon reflection, my desire for transparency to the people of Manitoba should have been outweighed by my deep respect for the independence of the justice system."

Kinew then apologized to the legal community, something he said he would not do when asked about an apology on Sept. 20.

"All that I should have said publicly is that there are irreconcilable differences with that MLA and we wish him well," Kinew said Wednesday.

The premier's messagingwas clear: He maintains it was Wasyliw's connection with Nygard, through Wiebe, that led to the lawyer-MLA's expulsion from caucus.

In effect, Kinew has doubled down or perhaps tripled or quadrupled down on hissuggestion thatdefence lawyers are engaging in something dishonourable or disreputable as a result of their work as defence lawyers.

It would be fair to describe the premier'sapology as an expression of regret for stating an offensive opinion out loud.

But that's not the only issue with Kinew'sstatement about Wasyliwin the legislature. The idea that the premier was motivated by transparency bears scrutiny.

Simple information withheld

It is fairto question whether transparency is a priority for this premier and his government, as thereare a number of examples where the Kinew government has refused to divulge simple information about government spending.

Kinew was sworn in as premier on Oct. 17, 2023. Since then,he has not posted his out-of-province travelexpenses. The disclosure of this spendingis usually proactive and routine. His office also has not produced these numbers following requests by CBC News.

The NDP government has also declined repeated requests by CBC Newsto state what it has spent to house residents of Birchwood Terrace, a private apartment building in Winnipeg. Tenants have questioned why the government is forking over this cash after they were forced out of theprivately owned residential building due to structural concerns.

Kinewalso said this week he will not divulge what the province has agreed to pay True North Real Estate Development to lease 265,000 square feet of space in a forthcoming medical tower at Portage Place. Themunicipal and federal governments have announced what they will contribute to the Portage Place redevelopment project.

Nonetheless,the real issue remains the motivation to push out Wasyliw.

Again, the Fletcher case offers parallels.

Before the PallisterPC caucus pushed out Fletcher, the Assiniboia MLAannoyed his colleagues bysupportingorgan-donation legislation, criticizingthe province's decision to create Efficiency Manitoba and then filibusteringa committee meeting and thus delaying the passage of a PC billthat created the stand-aloneCrown corporation.

Before the Kinew NDP caucus pushed out Wasyliw, the Fort Garry MLA refused to shake Kinew's hand after he was sworn into office without being granted a cabinet position and then continued to workas a lawyer, even after Kinew criticized that move by statingserving as an MLA is not a part-time job.

Kinew could have simply blamed his"irreconcilable differences" with Wasyliw on the MLA's obduracy.

Instead, the premier continues to insistWasyliwcan't serve alongsideMoyes because Wiebe defendedNygard. As well, the only reason the public ever had to be subjected to thislogic, according to Kinew, was a desire for transparency.