Premier Notley resists calls for RCMP investigation of tobacco-litigation contract

Premier RachelNotleysaid Thursday she will not ask theRCMPto investigate how Alberta's controversial tobacco-litigation contract was awarded, despite calls from the OppositionWildrosefor a police probe.

Instead,Notleydeferred to an ongoing review by retired Supreme Court of Canada Justice FrankIacobucci, saying that is the best mechanism to address the growing scandal.

"I am assured if (Iacobucci) becomes aware that there is emergent or urgent matter with criminal implications, I am told that he will bring that matter forward to me,"Notleytold reporters at a media availability.

WildroseMLA Jason Nixon, the party's accountability critic, said ifNotleywon't call in theRCMP, they will.

"We need to know once and for all what has taken place here," Nixon said. "I think it is important for PremierNotleyto call in theRCMPand we can get to the bottom of this once and for all."

CBC News revealed Thursday that six months before Alberta launched its "independent" process to select outside legal counsel for amultibillion-dollarlawsuit against the tobacco industry, a partner in the legal consortium eventually chosen believed it was in the "forefront" for the potentially lucrative legal claim.

An internalemailsuggests JamieCuming, a partner in the winning International Tobacco Recovery Lawyers (ITRL) consortium, believed it had an inside track to then justice minister Alison Redford through its pending association with the law firm of her former husband, Robert Hawkes.

Hawkes is a partner in Calgary-based JSS Barristers, the consortium's lead law firm, which had close personal and political ties to Redford and the ruling Progressive Conservative Party.

Leakedemail

In theemail, dated April 16, 2010,Cumingdetails the outcome of a meeting he said he had that morning with JSS Barristers partners Sabri Shawa and Hawkes, whose firm was then being recruited to join theITRLconsortium.

"The positives that arose from the meeting are that Rob Hawkes has discussed the file directly with Alison Redford, and she indicated to him we were in the forefront on the matter," saidCuming, a partner inCuming& Gillespie, the other Calgary law firm in theITRLconsortium.

Last month, CBC News revealed the "independent" selection process had been manipulated, allowing Redford the opportunity to chooseITRL.

Taken together with this latest revelation, retired seniorRCMPSupt. Garry Clement said documents reveal "potentially a breach of trust." Clement said theRCMPshould investigate, even ifNotleydeclines to make that call.

In an emailed statement to CBC News,Cumingsaid, "I have no recall of believing that Mr. Hawkes or JSS would provideITRLwith a political advantage," adding that, "Mr. Hawkes being at JSS played no part in my approaching JSS to ask them to join ITRL."

ButCumingsaid he did recall that "Mr. Hawkes' experience in politics would be an asset toITRLin understanding what government might be looking for if they chose to hire outside counsel."

Hawkes, also in an emailed statement, said: "I did not meet with Minister Redford to discuss tobacco (litigation) as you describe and at no time did Minister Redford ever inform me thatITRLwas at the forefront of the selection process."

He said he met with Redford once briefly at a social function and told her JSS was likely to joinITRL. He said Redford told him the decision would be merit based.

In anemail, ITRL's lobbyist Tim Wade said Alberta's selection process didn't begin until the fall of 2010, and "prior to this,ITRLwas at the forefront of the effort to get every government in Canada not yet litigating against tobacco to proceed with litigation."

Redford and JSS partner Shawa did not respond to interview requests.

Selection process manipulated

CBC News obtained leaked internal Alberta Justice documents that showed the independent selection process for the potentially lucrative contract had been manipulated. That allowed then justice minister Alison Redford the opportunity to choose a legal consortium to which she had close personal and political ties.

The CBC News investigation also revealed an ethics investigation into conflict-of-interest allegations against Redford may not have been provided all the relevant documents, including some leaked to CBC.

Last week, Justice Minister Kathleen Ganley announcedIacobucciwould conduct a review, but stressed it would be focused on the ethics investigation into Redford and not how the tobacco-litigation contract was awarded.

At Thursday's news conference,Notleysaid her new government assumed the matter had been dealt with by the ethics commissioner's investigation. She didn't know why Ganley seemed unaware of the issues raised by the CBC News investigation.

Notleysaid all relevant documents and information will be provided toIacobuccibut she confirmed he will not have the authority to compel testimony from witnesses outside the government.

Iacobucciis to complete his review by Feb. 29.Notleysaid his findings will be made public.