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Handley on bridge builder's payroll

Herb Mathisen
Northern News Services
Published Wednesday, December 24, 2008

SOMBA K'E/YELLOWKNIFE - Former premier Joe Handley sees nothing wrong with accepting a job with Atcon Construction Inc. - the company building the Deh Cho Bridge - less than a year after he signed off on the now $160 million mega-project.

Handley said because the bridge contract was signed between the territorial government and the Deh Cho Bridge Corporation - who subcontracted Atcon to construct the bridge - there is no conflict of interest.

"Atcon has a contract with the Deh Cho Bridge Corporation but not with the government," he said.

"I don't see any conflict. I don't see how anybody would even interpret it as being a conflict."

Last February, it was revealed that Atcon put up $2 million of its own money towards the bridge, making it a minority partner in the project.

Handley said he has nothing to do with the bridge or the territorial government anymore.

Great Slave MLA Glen Abernethy said he learned of Handley's involvement with Atcon last week after he heard the former premier had met with Transportation Minister Michael McLeod on Atcon's behalf.

"I was surprised to see him working for the builders," he said, given that Handley had "championed" the bridge project the year before.

Former cabinet ministers Kevin Menicoche and Norman Yakeleya signed a concession agreement on behalf of the territorial government with the bridge corporation and the projects financiers, TD securities on Sept. 28, 2007 while Handley was still premier of the NWT. The concession agreement guarantees the territorial government will cover costs if the bridge project were to fail.

McLeod could not be reached by press time.

According to Section 83 of the Legislative Assembly and Executive Council Act, cabinet ministers are prohibited from lobbying on behalf or working for any company that had a contract with a government department that minister was responsible for "during the 12 months before he or she ceased to hold office in that capacity."

Handley said he took Atcon on as a client last June, nine months after he retired as premier.

He said he provides them with advice on business opportunities in the North.

Abernethy said Handley could have sought a ruling from the conflict of interest commissioner prior to taking Atcon on as a client to alleviate concerns.

According to a story published in New Brunswick's Telegraph-Journal on Sept. 27, 2007, Handley toured Atcon's facility in Miramichi on Aug. 11 2007 while in the province attending a premiers' conference. Atcon CEO Robert Tozer was quoted as saying the bridge "wasn't a done deal," at that point. The reporter wrote of the personal touch or "that Miramichi charm, to seal the deal."

Two weeks later, Tozer joined Handley for a ground-breaking ceremony in Fort Providence, kicking off the start of construction for the bridge.

"I met with them down there, I didn't go there to meet with them," said Handley, of his trip to New Brunswick.

"They were the one company that had expressed an interest (in the bridge) and I was invited to come and have a look at what they had to offer."

Handley insisted the Deh Cho Bridge Corporation chose to use Atcon and the government had no say over who the subcontractor would be.

Calls to Tozer and Atcon's head office were not answered by press time, Monday.

Handley said if he was unable to take on clients who had contracts with government, he'd have to move away for work.

"If people are arguing that I shouldn't be doing any business with anybody who either has a contract with the GNWT or where the GNWT finances a project, then I could work with virtually nobody," he said.

Abernethy said the issue makes him question the strength of territorial legislation dealing with lobbying and consulting efforts by former cabinet members. He said the legislative assembly's board of management has recommended those provisions be reviewed.

Abernethy said the fact the question is being raised shows there is a perception a conflict might be there.