LEGISLATIVE ASSEMBLY

0f BRITISH COLUMBIA

November 23, 2018

Honourable Mike Farnworth, MLA Sonia Furstenau, MLA
Government House Leader Third Party House Leader
Room 128, Parliament Buildings Parliament Buildings

Victoria, BC V8V 1X4 Victoria, BC V8V 1X4
mike.farnworth.mla@leg.bc.ca sonia.furstenau.mla@leg.bc.ca

PSSG.Minister@gov.bc.ca

Dear Mr. Farnworth Ms. Furstenau:

We have received the letter from Fasken Martineau DuMoulin LLP, counsel to the Clerk of the
Legislative Assembly, Craig James, and the Sergeant-at?Arms, Gary Lenz, dated November 23,2018. This
letter raises many important issues.

Under these circumstances, there is an urgent need for the following questions to be answered:

1.

Did the Speaker inform the Government House Leader that the appointment of two special
prosecutbrs was the result of an investigation that the Speaker and his Special Advisor? had
conducted?

Who Is the lawyer that the Speaker had present at the meeting on the evening of November 19,
2018 (the ?Monday Meeting?) to provide legal advice regarding the motion to suspend the Clerk
and Sergeant-at?Arms?

Did the Speaker seek advice from the Ministry of the Attorney General before the Monday
Meeting?

Was the Ministry of the Attorney General aware of the lawyer advising the Speaker, and did the
Ministry agree to the retainer of that lawyer? 

Did the Speaker seek legal advice from lawyers from the Ministry of the Attorney General at any.
time before the motion to suspend the Clerk and Sergeant?at-Arms was introduced in the House
on November 20, 2018 (the ?Motion?)?

Did the Speaker?s legal counsel consult with lawyers from the Ministry of the Attorney General
before proceeding with the Motion?

Was the'Ministry of the Attorney General or the Attorney General himself aware that the
Speaker sought outside legal counsel to advise him on the motion to suspend the Clerk and
Sergeant- a?t Arms?

Did the Government House Leader seek legal advice from the Attorney General after the
Monday Meeting, and prior to introducing the Motion? If not, why not?

Did the Attorney General seek his own legal advice after the Monday Meeting and prior to
introducing the Motion? If not, why not?

 

 

LEGISLATIVE ASSEMBLY

of BRITISH COLUMBIA

 

10. Why did the Government House Leader proceed with the Motion if he had not received legal
advice from any lawyer employed by or retained by the Ministry of the Attorney General?

11. What due diligence, if any, did the Attorney General and the Government House Leader conduct
between the Monday meeting and the Motion?

It is incumbent on the government to ensure that the correct procedures and competent legal advice
were followed between the Monday Meeting and the Motion. We expect answers to these questions
immediately. 

As there is a legitimate and substantive public interest regardingthis matter, this letter will be provided
to the news media.

Sincerely,
. 

afar

Mary Polak, MLA
Official Opposition House Leader

cc Mark D. Andrews, Q.C.
Fasken Martineau DuMoulin LLP
mandrews@fasken.com