Whitehorse Daily Star

Lang stays mum on queries about letter

In April 2003, a letter was sent from the office of Energy, Mines and Resources Minister Archie Lang regarding the now controversial big game outfitters land policy.

By Whitehorse Star on May 17, 2006

In April 2003, a letter was sent from the office of Energy, Mines and Resources Minister Archie Lang regarding the now controversial big game outfitters land policy.

Over the last several weeks, Lang has refused to answer questions on the outfitters policy, which allows for land to be leased to big game businesses.

The minister has outside interests in local Devilhole Outfitters.

Lang has not been commenting on the policy, or involved in its development, on the advice of Conflicts Commissioner David Jones, Premier Dennis Fentie has stated.

On Tuesday, Liberal Leader Arthur Mitchell tabled a letter in the legislature sent to the Alsek Renewable Resource Council on April 27, 2003.

The document is on letterhead indicating it is from the office of the minister.

The signature block shows the letter is from 'Archie Lang, Minister of Energy, Mines and Resources'.

The letter, itself, however, was signed by the department's deputy minister, Angus Robertson.

'This is a letter that the minister should not have written. That is obvious,' said Mitchell. 'It should have been written by an alternate minister. It was not, and the public deserves to know why. '

The letter is written as though it is from Lang's perspective, said Mitchell.

It stated: 'Consideration of a land tenure policy for outfitters, to manage existing improvements, is considered a positive step in working towards development of a commercial wilderness policy.'

It added a land application review committee meeting was scheduled for the future to allow further public input prior to recommendations being made on the policy.

'It's important the co-ordination role (established in early 2002) continue, so we can collectively benefit from information being obtained,' the letter concluded.

'It doesn't even matter what the government's position on the policy is,' said MItchell. '(Lang) shouldn't be any part, or indicating he's any part, of a discussion on a policy that can affect his own investment.'

Mitchell said he isn't indicating Lang has acted inappropriately.

Rather, he'd like to know what steps the minister has actually taken to avoid a conflict of interest, including when Lang consulted with the conflicts commissioner, if he was involved in cabinet meetings on the policy, if he scheduled meetings related to the matter and when Robertson was informed of the potential conflict and not to sign letters in the minister's name on the issue.

Mitchell sent a letter to Lang on May 2 asking him to provide a copy of the advice he received from the conflicts commissioner.

Community Services Minister Glenn Hart previously tabled documentation in the house following advice he no longer be involved in any discussions regarding the development process, planning, zoning or approval of development because of his outside interests in the Meadow Lakes golf course.

'The Minister of Community Services also has a potential conflict and he has been very open about it,' said Mitchell.

Hart appointed an alternate minister, who happens to be Lang, and informed his deputy minister he could not be involved in any discussions related to his personal business interests.

'This is the proper way to do things,' said Mitchell.

Lang's approach to his potential conflict has been in sharp contrast to Hart's, he added.

'It's clear to me that he's not taken steps to inform his deputy not to sign anything on his behalf or to draft anything on his behalf,' said Mitchell.

'If nothing else, the letter was drafted as being from him six months into (Lang's) term.'

'There's no conflict here. Never was. Never will be,' said Fentie.

During question period, Fentie had stated, 'So what? The minister wrote a letter.'

But outside the legislature, his response had changed. He told reporters, 'Minister Lang didn't write that letter. It was written by the department, as it should be.

'It's an operational matter. It's (the letter's) questions related to policy. It's signed by the deputy minister.'

Fentie said the letter is 'inconsequential' and has nothing to do with the current matter at hand.

Several first nations and renewable resource councils have put forward objections about the policy, stating some sites applied for have never been used by the outfitter, or are sites aboriginal people have frequented for generations.

Even the Department of Tourism has raised concerns about whether land leases accommodate future development or whether they'll be limited to existing structures.

'This (letter) is a non-issue. The decision on policy is the issue. Mr. Lang never made that decision,' said Fentie.

But Mitchell disagreed. 'It's the essence of the problem. If the premier can't see the problem, well, that certainly raises questions.'

The signature on the letter is that of Robertson, and was put there on behalf of a minister who never gave the deputy minister any direction, said Fentie.

Robertson told the Star Tuesday he had taken it upon himself to sign the document.

'I'll be the first to admit I should have done it on deputy minister letterhead,' said Robertson.

The initial letter from the Alsek Renewable Resource Council was received on April 8, 2003, just days following the April 1 transfer of authority over land and resources to the Yukon from the federal government.

The department was in a challenging transition period and dealing with a lot of policy associated with devolution, said Robertson.

Lang was also in discussions with the conflicts commissioner regarding the potential conflict of interest, said Robertson. The notification, however, on how to deal with the minister's outside interests didn't come down until May 6, 2003.

Robertson said Lang didn't have any exposure to the letter sent to the council. Robertson had written and signed it on the minister's behalf on the speculation the action would prevent a conflict situation.

It's now is apparent those measures weren't sufficient, said Robertson, adding it's unfortunate signing the letter has now created this situation.

However, it is not entirely uncommon for a deputy minister to sign a letter on a minister's behalf, he said.

'If you want it to have nothing to do with that person, then the signature block should have nothing to do with that person,' said Mitchell.

Ministers don't get 'do-overs', he said, and if a letter is signed on 'behalf of' someone, that's exactly what it is. It can't be argued it was another individual's letter, said Mitchell.

Lang hasn't been involved in the matter in any way that can be seen as the minister being a decision-maker, said Fentie.

'Minister Lang stopped commenting on it when he was supposed to stop,' he said, adding that occurred following the devolution of federal powers to the territory.

An alternate has been answering any questions for Lang since that time, added the premier.

However, when asked, Fentie wasn't sure who the alternate is, turning to his special assistant, Albert Petersen, for input.

'There's alternates for every portfolio,' said Fentie. 'For now, I'm answering the questions.'

Brad Cathers, who serves as the Government House Leader, also has answered questions on the issue in Fentie's absence.

Robertson said the outfitters policy has been managed through the premier's office since the direction was given by the conflicts commissioner in 2003.

'There's no conflict. There never has been,' said Fentie.

The premier told Mitchell and journalists to provide the burden of proof and to go through the proper channels if a conflict of interest is suspected.

'If you have something here that you believe is conflict, make your accusation. Quit nibbling around the edges,' he said.

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