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COMMISSION OF INQUIRY RESPECTING THE MUSKRAT FALLS PROJECT Transcript Hearings for Standing and Funding Commissioner: Honourable Justice Richard LeBlanc Friday 6 April 2018 April 6, 2018 HEARINGS FOR STANDING AND FUNDING MS. MULROONEY: This Commission of In my recent decision I gave, regarding the Inquiry is now open. interpretation of the order-in-council creating the inquiry, and particularly the terms of reference The hon. Justice Richard LeBlanc presiding as or mandate given to this Commission of Inquiry, Commissioner. I referred to certain principles that I expect will guide the Commission’s work and the conduct Please be seated. of the hearings that will be held. I wish to reiterate those principles at this time and likely THE COMMISSIONER: (Inaudible.) will be repeating them often as this inquiry proceeds. While this project has, and will have, an impact on all of the citizens of the province, the It is my full expectation that not only will the Commission has planned to hold our first public Commission staff be bound by these principles, session in Labrador. but also that the parties granted standing and their counsel will be guided by them. These Much of the project construction has occurred in principles can be summarized as follows: the and infrastructure is present in Labrador. And, of Commission of Inquiry is totally independent of course, the raw material necessary to produce any party, including the Government of power has come from the Churchill River. It was Newfoundland and Labrador, and will proceed only fitting to schedule the inquiry’s first public with no perceived – preconceived or preformed session in Labrador. bias or position; secondly, the inquiry is to be conducted on the basis of encouraging co- In order to organize this, considerable effort was operation between all parties so as to promote made to ensure that proper space, technology the hearing of all relevant matters in the least and personnel would be in place. adversarial manner possible. This will ensure an Notwithstanding our preparation, events beyond efficient use of time, effort and expense so as to our control arose that made it impossible to best promote the interests of the participants in proceed on April 3 as planned. We want to the inquiry as well as the interests of the public. assure the people in Labrador that we are continuing our preparations to have some of the The inquiry will be thorough in doing its work. hearings for this inquiry there. Due in part to the volume of material related to this project’s sanction and execution, as well as This morning here in St. John’s, we will be the limited time available to conclude this hearing from those seeking to have standing at inquiry, the Commission will be taking a the inquiry hearings. An option was given to proportionate approach as to what evidence is those seeking standing or their legal counsel to most relevant to present and to consider in order appear in person or by telephone. This was to respond to the mandate given. proposed in order to minimize cost to those who were outside of the St. John’s area or whose Being thorough does not mean the investigation legal counsel was outside of that area. needs to be a fully exhaustive one. There is a story to be told about the Muskrat Falls Project. My name is Richard LeBlanc. On November 20, In telling that story, in line with the terms of 2017, I agreed to act as the commissioner of this reference as I’ve interpreted them, there will be inquiry. I am a justice of the Supreme Court of some sub-plots that may emerge that will have Newfoundland and Labrador. to be accessed as to their significance or importance to the whole of the story to be told. Before we commence hearing the standing and Therefore, proportionality will be considered funding applications to be dealt with here today, when determining the extent of the investigation I would like to take a few minutes to talk about the Commission will be conducting, and the the approach of the inquiry team and the evidence to be presented at the hearing. approach that it will be taking as regards to conduct of this inquiry and other pertinent Fourthly, the inquiry will be conscious of the matters. need to be expeditious in all aspects of its work, Commission of Inquiry Respecting the Muskrat Falls Project 1 April 6, 2018 HEARINGS FOR STANDING AND FUNDING as this inquiry must be, and will be completed As the Commissioner, it will be then for me to by December 31, 2019. assess the evidence presented, make findings based upon the requirements of the mandate of I am also very conscious of the need to be this inquiry and then to make recommendations. fiscally prudent in expending public funds and being expeditious will best ensure that prudence. Having said this, I want everyone to understand that there is a difference between telling a story Fifth, the inquiry will be conducted in as and presenting a soap opera. Grandstanding on transparent and as open manner as is possible, the part of any party, their counsel or any while bearing in mind any privilege claims witnesses will not serve the interests of anyone, protected by law and the need to ensure that any including the public interest. Emotions and disclosure provided would not negatively impact feelings may well be strong here, but this inquiry the overall costs of this project. will be one that will be controlled and it will be limited to those matters reasonably relevant to And finally, sixth, but certainly not least the inquiry’s mandate. As stated earlier, this important is the need to ensure fairness, not only inquiry will be one that is fair for all of those to the public but also to those involved as parties involved in it, as well as the citizens of this and witnesses during this inquiry. This includes province. fairness in a procedural sense as well as ensuring that the conduct of those involved not be judged The terms of reference, as interpreted by me in on the basis of any inappropriate reliance on my decision of March 14, 2018, are specific, and hindsight, but rather on the basis of the I intend to ensure a responsible spending of knowledge, reasonably, available at the time. public funds as well as an efficient and fair process. I will be ensuring that our work, Now, I want to speak a little bit about what a including the efforts of Commission counsel and public inquiry does. A public inquiry is parties given standing, focus on the specific generally established to investigate and report on areas listed in the terms of reference as they matters of substantial public interest. In this have been interpreted by myself. case, that interest relates to the Muskrat Falls Project sanction and construction, and The hearings will be – to be conducted will be particularly the involvement of Nalcor and the generally held in an open and public setting. As Government of Newfoundland and Labrador. well, we have established a website, www.muskratfallsinquiry.ca – all lowercase – A public inquiry is not a trial. No one is charged that will provide a live webcast of all of the with any criminal offence, nor is anyone being public hearings held by this Commission of sued. I’m not permitted to express any Inquiry. The website will also have other conclusion or recommendation regarding the information on it including transcripts of civil or criminal responsibility of any person or witnesses’ testimony, public exhibits and organization as part of my findings or in any of information about the Commission’s work. the recommendations I might make. I expect that the media will be covering this It seems to me that an apt manner to describe the inquiry, at least to some extent, which will work of this Commission of Inquiry in meeting provide a further opportunity for the public to be its mandate is to set out the story of what kept informed. To ensure that the media can occurred as regards to this project from the time accurately report what is happening at the of its conception and the events that have inquiry in a timely manner, we will be making occurred since, to its expected completion and materials as accessible as is possible to the operation. This means giving all those integrally media. As well, inquiry staff will be available to involved an opportunity to explain what respond to their needs as best as can be done. happened. Questions will be asked on the basis of the explanations and facts presented so that Now, how will this inquiry proceed? As stated the full story can be made known. earlier, the Commission’s work must be completed by December 31, 2019. I, as well as the Commission team, are completely Commission of Inquiry Respecting the Muskrat Falls Project 2 April 6, 2018 HEARINGS FOR STANDING AND FUNDING committed to doing our best to meet that residence of the various witnesses to be called deadline, notwithstanding the fact that we are and bearing in mind, of course, cost. Having said dealing with a huge volume of documentation this, we are cognizant of the need for some of that must be reviewed and investigated, as well the hearings to take place in Labrador and there as the complexity surrounding many of the will certainly be hearing days scheduled in matters that are being investigated. Happy Valley-Goose Bay. We are moving quickly to put necessary key The hearings will be conducted in the manner staff in place.

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