The Honourable Derek Bennett, Chair of the House of Assembly Management Commission, advises that the Honourable J. Derek Green, former Chief Justice of Newfoundland and Labrador, yesterday (September 15) submitted his review of the report of the Citizens’ Representative entitled ‘A Report on Public Interest Disclosures Regarding the Chief Electoral Officer for Newfoundland and Labrador’ (the Report), dated March 2022.

Pursuant to the terms of reference, the review consisted of an analysis of the Report based on the evidence and findings contained in it, and was not a re-investigation. The complete terms of reference are provided in the backgrounder below.

The Management Commission was presented with an approximately 180-page review, in addition to supplementary materials, which will inform the Commission’s recommendations to the Lieutenant-Governor in Council as requested in its correspondence of June 8, 2022. A further update will be provided once the Commission has reviewed the findings and supplementary materials, and has met to discuss its next steps. A meeting date is not yet confirmed, but will be scheduled as soon as possible.

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“The Management Commission once again extends its sincere appreciation to former Chief Justice Green for accepting this assignment and ensuring completion under the associated timelines. The findings will prove invaluable to ensure that due diligence and procedural fairness underpin the Commission’s recommendation(s) to the Lieutenant-Governor in Council. The Management Commission remains committed to completing this work in a timely manner.”
Honourable Derek Bennett
Speaker of the House of Assembly
Chair of the Management Commission

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Media contact
Bobbi Russell
Policy and Communications Officer
House of Assembly
709-729-1178
bobbirussell@gov.nl.ca

BACKGROUNDER

Terms of Reference – Independent Review of the Findings and Report of the Citizens’ Representative:

The Management Commission directs that the Honourable J. Derek Green, former Chief Justice of Newfoundland and Labrador (“the Reviewer”), be engaged to review the report of the Citizens’ Representative entitled ‘A Report on Public Interest Disclosures Regarding the Chief Electoral Officer for Newfoundland and Labrador’, March 2022, as follows:

1. The Reviewer shall analyze the Report based on the evidence and findings contained in it and shall not perform a reinvestigation of the said Report;
2. The Reviewer may make inquiries of or invite submissions from the Citizens’ Representative and the Chief Electoral Officer, or their counsel, on the findings contained in the report;
3. The Reviewer may make inquiries of or invite submissions from such other persons the Reviewer determines necessary to fulfil the Reviewer’s responsibilities under this referral;
4. The Reviewer may consult with the House of Assembly Service regarding matters of parliamentary procedure, parliamentary privilege and the administrative governance framework of the Legislature;
5. The Secretary to the Management Commission shall provide the Reviewer with those human resources or other supports necessary to complete the review;
6. The Reviewer shall provide to the Management Commission the following:
   1. an analysis of the Report, including any procedural, human resources or legal issues identified and whether any further investigations, proceedings or analyses are appropriate or desirable in the circumstances;
   2. a recommendation whether, in the opinion of the Reviewer based on the analysis of the Report, action contemplated under section 5.3 of the Elections Act, 1991 may be considered appropriate, including whether a further term of suspension should be imposed or whether the Chief Electoral Officer should be removed from office for misconduct, cause or neglect of duty as contemplated by that section; and
   3. a recommendation whether, in the opinion of the Reviewer, any further investigations, proceedings or analyses are appropriate or desirable to determine any other appropriate remedy;
7. The Reviewer shall complete the work contemplated in this referral and shall report on the analysis completed and make the required recommendation by September 15, 2022;
8. The Reviewer shall be available for consultation with the Management Commission for three months after delivering the review of the above-noted report.