B.C. triple delete email investigation: special prosecutor steps down

Just hours after his appointment was announced, the special prosecutor tasked with the investigation into the triple delete email scandal surrounding the B.C. government, has withdrawn from the position.

According to the Criminal Justice Branch (CJB), Greg DelBigio, QC withdrew after conflict of interest concerns were raised regarding his current role as defence counsel for a former B.C. Liberal Party employee on another case.

• Email scandal uncovered culture of 'delete, delete, delete'
• Christy Clark says she was unaware of triple deleting of emails
• Access Denied: read Denham's full report

That case involves alleged offences under the provincial Election Act, the CJB said, and DelBigio's decision was made "out of an abundance of caution."

Another special prosecutor will be appointed to take DelBigio's place in due course, they added.

Once appointed, the special prosecutor will provide legal advice to the RCMP as they investigate concerns raised by Privacy Commissioner Elizabeth Denham following her report into possible freedom of information irregularities.

Released last month, Denham's report, Access Denied, revealed a culture of deleting emails within government apparently to skirt freedom of information laws.

Denham found that a staffer in the transportation ministry, George Gretes, could face charges after helied under oath when he denied thatheintentionally deleted emails and records connected to the Highway of Tears.

She referred the matter to the RCMP, and Gretes has resigned.

The special prosecutor will work as an independent legal advisor to the RCMP, and conduct an independent assessment of the evidence, before making a decision on whether criminal charges are appropriate.

If a criminal prosecution is deemed appropriate, he will also conduct both that and any possible appeal.

Routine practice

Denham's report also found that MicheleCadario, deputy chief of staff in the premier's office, routinely deleted emails in contravention of laws protecting the public's right to hold politicians accountable for their actions.

Premier Christy Clark said until the report was released, she had no idea what triple deleting of emails was, but that the practice of deleting email had been around a long time.

"I thought that everything was being done properly, because there's really been no change in how things have been done for a decade," Clark said the day following the report's release.

Clark said there were inconsistencies in how the Freedom of Information Act was interpreted, and that those inconsistencies would be addressed by the government's contracting of former B.C. privacy commissioner David Loukidelis who, Clark said, would be training everyone in an effort to implement all of Denham's recommendations.

According to Denham's report, triple deleting means first moving an email to the computer system's "deleted"folder, expunging the email from the folder itself, and then manually overriding a backup that allows the system to recover deleted items for up to 14 days.