In the search warrant, which has not been proven in court, Duval alleges Livingston deliberately used the device to avoid creating a permanent government record which could be exposed publicly through a Freedom of Information (FOI) request.
“Do you have a pin for DL? For the ultra confidential ultra secret stuff,” an assistant deputy minister said in an e-mail to Livingston’s assistant secretary in February 2012.
“yes I do Bell BB pin# 28655023,” she replied.
Duval noted that on Nov. 9, 2012, Livingston sent an e-mail to senior Liberal aide Laura Miller regarding the collapse of the Elliott Lake Mall.
“LOL! This one will never get the Double Delete,” Livingston’s e-mail says, according to court documents.
Police allege that Livingston believed a “double delete” would permanently erase an e-mail.
Police say McGuinty’s chief of staff ‘double deleted’ gas plant e-mails
OPP Detective Constable Andre Duval alleges in the ITO that there is a surprising lack of records related to the gas plants. Out of 329,748 e-mails from the Premier’s office recovered by police, only 102 related to the cancellations, despite it being a hot file for the government.
“I believe that the lack of records concerning the gas plants is unusual and troubling,” Det. Constable Duval writes.
In e-mails reproduced in the ITO, Mr. Livingston and his subordinates discussed how to “double delete” e-mails – erasing them from both the inbox and the server – so that they cannot later be retrieved.