131 (1) Subject to subsection (3), every one commits perjury who, with intent to mislead, makes before a person who is authorized by law to permit it to be made before him a false statement under oath or solemn affirmation, by affidavit, solemn declaration or deposition or orally, knowing that the statement is false.
132. Every one who commits perjury is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.
133. No person shall be convicted of an offence under section 132 on the evidence of only one witness unless the evidence of that witness is corroborated in a material particular by evidence that implicates the accused.
– CRIMINAL CODE OF CANADA
Section 133 of the Criminal Code intends to prohibit the conviction of the accused on the basis of evidence from a single witness claiming the accused lied. However, where the case is entirely circumstantial, the crown does not need to corroborate the evidence.
When all is said and done with this egaming mess and CMT lawsuit – unless PEI government bureaucrats, politicians and lawyers are for some reason “exempt” from the perjury provisions of the Criminal Code of Canada – Brad Mix, as well as several other Defendants in the CMT lawsuit who also committed indictable criminal offences, need to be charged, convicted, and sent to prison to serve whatever sentence a Judge or jury deems appropriate. The evidence in new FOIPP documents now proves beyond a reasonable doubt that Brad Mix committed perjury. And not only Brad Mix….
These FOIPP documents also show that several defendants colluded to cover up: (1) FMT’s ongoing business relationship with the PEI Government, and (2) multiple breaches of the Memorandum of Understanding (MOU) that Innovation PEI signed with FMT.
The concerted, coordinated effort required to pull off such a massive cover-up, involving so many people, stretching over such a long period of time, was ultimately only made possible because multiple Defendants committed perjury, collectively supporting the same fabricated and false narrative denying that FMT was ever involved with the PEI Government – lies told and swore not once, not twice, but MANY times throughout multiple sworn Affidavits and Cross-examinations.
The scope of the effort is truly mind boggling – but trust me, it is now proven that such a conspiracy to cover up the truth and keep it from the Court is exactly what happened.
The seriousness of committing perjury in a multi-million lawsuit launched against a democratically-elected provincial government is heightened by the fact that the alleged claims are: (1) spoliation of government records, (2) breach of exclusivity and confidentiality clauses in the MOU, and (3) misfeasance by public officials and CAN’T be overstated.
These are not only legal and political issues, they are fundamental ethical issues that cut to the core of whether our democracy is functioning to protect the public purse and earn the people’s trust, with full government transparency and accountability, or deliver corruption, cover-ups, and injustices.
The execution of such a massive cover-up required exactly such a well-coordinated, dedicated, multi-year effort, and they almost got away with it. It’s the stuff of Hollywood movies.
There’s neither time nor need to make a contest out of which Defendant committed perjury the most times in their sworn Affidavits and Cross-examinations. When Judges or juries decide the length of prison sentences for people committing perjury, they look at the entire situation and context to assess the true “intent” of the misleading statement and lies, the extent to which they were intended to mislead, and the damage done to the plaintiff.
Lies might be pretty insignificant in one sense, with no consequence for the legal issues in the case, but a lawyer lying to the Court is never a small affair. Perjured statements might also, however, go directly to the heart of the legal arguments and claims in an attempt to manipulate and deceive the justice system to bring about an unjust outcome. That’s exactly what we are witnessing here: a deliberate and well-orchestrated, multi-person presentation to the Court entirely based on lies.
My focus in this article – and subsequent articles dealing with perjury by other Defendants – is therefore only with those sworn lies that resulted in Judge Campbell confidently proclaiming the following (with no proof other than the sworn false testimony of the Defendants which Judge Campbell accepted as credible) in his decision to dismiss CMT’s law suit (with substantial costs going to the Defendants) :
Paragraph 17: Neither CMT nor 764 [FMT] were ever involved in any way with the so-called e-gaming project. However, some of the statements in the amended statement of claim referred to events during that time period.
1. Who is Brad Mix?
If you’ve read my previous articles on Brad Mix you already know that he has been the principle person prospecting and persuading businesses to come to PEI for the past 20 years. If you go to the PEI Government Employee Directory (which is a handy link to bookmark) this is what you’ll find:
Mix was a key “behind the scenes” player throughout the e-gaming period [September, 2010 – September, 2012]. Yet, no Brad Mix records were disclosed to CMT’s lawyer or Judge Campbell.
Recall that it was Paul Jenkins, the sole director of FMT and the “face” of the company, who was liaising and working with Brad Mix, not Paul Maines. Maines was the VP of Business Development for CMT at the time. He was working to bring more companies to PEI while Paul worked with Brad Mix, Chris LeClair, Wes Sheridan, his broker and good friend, Shane MacEachern, and others.
Another article I’ll publish shortly will explain how Paul Jenkins betrayed Maines and CMT, lying in his own sworn affidavit. I’ve already discussed that in New Deemed Refusal FOIPP Document Exposes PEI Government “FMT Project” Cover-Up, how he swore he had no involvement with FMT to satisfy the Catholic Sister’s lawyer who had heard that he might be involved with the Securities Investigation. The Sisters apparently asked their lawyer to request a sworn affidavit or affirmation (ideally from Steve Dowling leading up the Securities Investigation) to verify that Paul Jenkins had nothing to do with FMT. He did exactly that, and was then able to purchase the Mount with the nuns none the wiser.
With the collective perjury of Defendants, and the sworn betrayal of Maines and CMT by Paul Jenkins, topped off with the complete denial of both Mix and Coady and no disclosure of documents, Campbell clearly didn’t see any convincing evidence of a substantial and ongoing working relationship between CMT/FMT and the PEI Government involving Brad Mix in the Pre-MOU period.
I’ve previously dealt with Mix’s involvement in egaming and CMT/FMT, specifically on two issues related to (1) my efforts to obtain Brad Mix documents leading to the revelation that both his email archives for that critical two-year period had mysteriously went “missing,” with no explanation; and (2) multiple efforts by Brad Mix to recruit financial services companies to PEI in breach of the exclusivity and confidentiality provisions of the MOU.
You can read about the plans that Mix made to meet with financial services companies at the SWIFT conference in Osaka, Japan in October, 2012 DURING the time the MOU was in effect with FMT in Episode #13: WHY DID BRAD MIX GO TO OSAKA, JAPAN? and Episode #22: Why did Brad Mix go to Osaka, Japan? (Part II).
You can read about my efforts to obtain Brad Mix’s government records starting with an Access Request I filed in October, 2018 here: MacLauchlan Government Refuses to Produce Records in Access Request; and here The Brad Mix-up with E-gaming Records: An Update; and here Kudos to Deputy Minister Erin McGrath-Gaudet.
David Keedwell – currently still a Deputy Minister in the King Government – misled me to believe from the outset that there were records to search, when he and Brad Mix both knew these records had long since mysteriously disappeared. That continues to be a sore spot with me. I’ll complain for the last time that I have now put in about 130 hrs of work on that file. I hope the Information Commissioner, Karen Rose, expresses her own displeasure with being lead down the garden path when she issues her Order, which is supposed to happen sometime in May, 2020.
The Information Commission’s investigation has already exposed the cover-up of the 2 years of missing records, something not disclosed to CMT’s legal Counsel or the Court by Jonathan Coady [which the Rules of Court require].
When asked why government records that CMT’s lawyer believed should exist – based on his client’s first-hand knowledge of events, meetings and communications involving Brad Mix and Paul Jenkins – weren’t produced, Coady and Mix both denied that Mix had anything to do with FMT. If that was true, of course it would make sense that there would be no records.
When CMT’s lawyer, John MacDonald, asked Brad Mix during Cross-examination whether all his relevant documents and emails had been produced, Coady interjected to assure MacDonald that they had. End of story. Almost.
2. The New FOIPP Documents That Prove Brad Mix Committed Perjury
Brad Mix’s Sworn Affidavit focused almost exclusively on the period the MOU was in effect and after, e.g., after July, 2012.
Mix responded mainly to the claims involving alleged breaches of the MOU and his attendance at the SIBOS conference in Japan, but did make a few brief comments in response to the additional claims made against him by CMT relating to matters in the “Pre-MOU” period. Those are real gems – text book examples of extremely misleading wordsmithing that matter-of-factly denies the claims by only “appearing” to answer the claim, thereby not “technically” lying. Two examples.
CMT claimed Mix was both aware of and involved in the FMT feasibility study undertaken by Patrick Mason, a study that culminated in the presentation of a Recruitment Package to FMT by Patrick Mason. In paragraph 6 of Mix’s Affidavit he states:
That is absolutely true. But also entirely misleading. Mix’s involvement with recruiting FMT and/or FMT clients (i.e. Virgin Gaming, which was already a client of CMT that Paul Maines convinced to relocate to PEI) did not happen during the period the MOU was in effect, as Mix rightly states (July – October, 2012). Those events happened much earlier (September, 2010 – March, 2011).
Likewise, Mix states the following:
And once again, Mix is telling the absolute truth. What he is not saying is the recruitment package was never intended or sent to anyone with either of these two companies, but to Paul Jenkins with FMT. Notice Mix doesn’t mention that important fact, that the study and recruitment package was for FMT, something I think is especially significant given that 764 (FMT) is the litigant in this legal case!
But let’s move on to what Mix said in his “real time” Cross-examination (where you don’t have a lawyer with clever wordsmithing talents helping you craft misleading sentences).
In the Cross-examination that took place December, 2018, CMT’s legal counsel, John MacDonald, drew Mix’s attention to the Recruitment Package prepared by Patrick Mason. It was Patrick Mason who presented the package to FMT immediately after (and on the basis of) completing that “feasibility study” which looked into the viability of FMT establishing a global transaction platform in PEI that would then attract other financial and gaming companies to the Island, creating a financial centre or “hub”.
There was absolutely no mention of any of those individuals, events or Pre-MOU dealings with FMT in Judge Campbell’s decision (there is not a single occurrence of the words “Patrick Mason” “Feasibility Study” or “Recruitment Package”). Why?
Because Coady failed to disclose information about Mix’s missing records, as well as facts related to Mix’s intimate involvement with FMT in the pre-MOU period, 2010- 2011.
Both Coady and Mix completely denied that Mix had any involvement with FMT, or that he ever had any materially-relevant records in his possession concerning FMT. That was not true.
Brad Mix was at the centre of the effort to secure money to hire Patrick Mason to undertake a feasibility study of FMT locating in PEI. You’ll see from his cross-examination transcript that he said that study had to do with something else entirely.
MR. COADY: Mr. Mason’s presentation, is that right?
MR MIX: The presentation? Maybe I can answer the question that you have. The work that we got Patrick Mason to do was specifically for Virgin Gaming, a company called, Claimatrix and a company called, Ethoca. And it was a feasibility study on the value chain in the company. When we did meet with…during this meeting they mentioned that Virgin Gaming may be seeking some capital. And they asked me if there was any programs in the province that would support their capital acquisition, their generation of capital. So that’s when I presented this concept to paper, but we did not do any work for FMT.
Mix claims (like Judge Campbell) that one of the companies was “Claimatrix”. It wasn’t. Claimatrix is not a company. It is patented award-winning “claims software” integrated into the Swift-accredited SIMPLEX Global Financial Platform as one of the key “stacks” or service offerings. 100%-owned by CMT/FMT at the time!
Mix was initially involved with getting approval for the money to hire Patrick Mason and was actively involved on a go-forward basis. At one point, he asked Paul Jenkins to pass on information about a sweet co-investment program he got approval for that would see Island Taxpayers “match” funds in the new venture – I say “sweet” because two of the three people (maybe all three) had shares in the company – CMT/FMT, Chris LeClair and Paul Jenkins.
When he got the go-ahead for that money, he let Patrick Mason know (sent also to Paul Jenkins) and told Mason to include it in the presentation to FMT.
Co-investment fund. Great term. “Co” is supposed to signify an agreement between two parties to do something together, in this case, “invest” tax dollars in a recruitment package to convince the company to locate in PEI. That was the scheme. Funny, I don’t ever recall being consulted on that. However, I’m not surprised, given the self-serving nature of the deal concocted by people who had investments in the venture.
Mix’s Affidavit statement suggests he had nothing to do with recruiting “CMT and/or Simplex” [carefully not mentioning FMT you’ll notice] to PEI. That is now completely contradicted by documentary evidence released through FOIPP. Brad Mix was involved in both the study assessing the feasibility of FMT locating in PEI, as well as the preparation of the Recruitment Package subsequently presented to FMT.
As it turns out, news of this matching fund wasn’t included in the Recruitment Package to FMT, but was communicated more privately to Paul Maines, Philip Walsh and others by Paul Jenkins directly via email:
The evidence that recently (finally) came to me in a FOIP – after a long process of narrowing down and demanding release of documents through Information Commission reviews – now proves that Brad Mix lied when he swore he had no knowledge of, or nothing to do with, FMT.
Perjury is proven with clear evidence of intentionally sworn statements intended to mislead so as to divert attention away from facts and truths that would have, if revealed, hurt the defendant’s claims, and would have, at the very least, warranted a decision from Judge Campbell to send the matter to trial. It’s a double scandal that the previous MacLauchlan Government (and now King Government) have spent almost a million dollars of OUR money covering up corruption and keeping us all in the dark, as recently discovered by Joe Byrne, Leader of the PEI NDP, and just made public [See: “Cost of P.E.I’s e-gaming lawsuits revealed,” Guardian, April 30, 2020].
To wind things up, consider the information in the chart I finally received in a FOIPP a few weeks ago:
Keep in mind everyone in the department of Economic Growth, or at least the Recruitment Division, the CEO (both Cheryl Paynter and Neil Stewart, at different times) the Deputy Minister, (both Melissa MacEachern and Neil Stewart, at different times) and the Ministers involved with egaming, mainly Wes Sheridan and Allen Roach, KNEW ABOUT THOSE PROJECTS.
The PEI Government claims that Paul Maines and FMT had nothing to do with Virgin Gaming coming to PEI. I’ve dealt with that in previous articles, but notice that both Chris LeClair [Chief of Staff to Ghiz and an investor in CMT] and Paul Jenkins, the SOLE Director of FMT handling all business liaisons with the PEI Government for FMT, are both on the Virgin Gaming project Committee with Brad Mix. Why is Paul Jenkins, a private citizen, on that committee if not because of his key role in FMT and FMT’s key role in bringing Virgin Gaming to PEI?
And Paul Jenkins is of course also on the FMT Project with Brad Mix AND Patrick Mason! Scroll back up and read one more time what Mix said about Patrick Mason doing that study for other companies, not FMT, under oath.
But here’s the real kicker, and why I’m ending this article with a request to Premier King – and especially Hon. Bloyce Thompson as our Attorney General and Minister of Justice – to immediately file charges against Brad Mix for committing perjury and suspend him from his employment pending an outcome of the matter in the courts. This is an extremely serious matter of such a magnitude and scale as to warrant the maximum penalty under the law.
Mix’s Cross-examination took place more than a year before I finally received that Brad Mix Project Chart showing Mix heading up both the Virgin Gaming and FMT Projects, and both involving Paul Jenkins/FMT, one involving Chris LeClair, and the other Patrick Mason. Brad Mix pretended he didn’t even know what the letters FMT stood for when asked in Cross-examination! Under Oath. I think the colloquial slang for that is “MIKE DROP”:
A Request for Our Attorney General to Take the next Step
I’d file a “Pre-Enquette” criminal charge against Brad Mix for committing perjury if I thought it would go anywhere…but I don’t.
I filed such a criminal charge against Robert Ghiz, and Nancy Orr [appointed Chief Justice of the Provincial Court by MacLauchlan] failed to allow the case to go forward. She also refused to provide me with a transcript of that closed Hearing, so I can’t provide details of her disgraceful behaviour. If Judge Orr cares to challenge that statement….then please, by all means, release the transcript and let Islanders know what really transpired!
No, there will be no justice with Brad Mix’s criminal act of perjury causing, at least in good part, the dismissal of CMT’s lawsuit, all because the same lies coming from multiple defendants, and non-disclosure of documents, won the day with Judge Campbell. Shame.
The evidence proves that Brad Mix – and others (as you will see in subsequent articles) – COMMITTED PERJURY. That is not only now proven, but proven entirely circumstantially. which, according to the Criminal Code, means it is does not need further corroboration, but stands as sufficient to justify a conviction once the documents are verified as authentic government records.
It’s now possible to easily “tick” off all the boxes on the checklist of factors and conditions to prove perjury and lay charges, which should be filed against Brad Mix by Hon. Bloyce Thompson, PEI’s Attorney General and Minister of Justice immediately.
This is not a matter “before the courts” Mr. Minister – it’s an entirely separate legal issue of an entirely different category: whereas CMT’s action is a matter of civil litigation, perjury is a criminal offence. Please do your job, lay charges and let the Court decide the matter. Make us all proud!