Exhibit 2-B

Fax from Rod Flaman
Saturday, November 9, 2002
Page 2

Jake, I asked Gordon Menzie to respond to your concerns about the Governor General's Audit.  He replied as follows:

With respect to your statement in your letter, "The fact the Auditor General was prevented from auditing any of the sales contracts executed by the Old Board of Commissioners gives the perception of a cover-up and raises the suspicion of Corporate Fraud" I would like to make the following comments.

First of all, your use of the word 'prevented' is incorrect and may appear misleading.  To be clear, the Office of the Auditor General (OAG) was allowed complete freedom to scope its audit plan without any direction, interference or influence by anyone, any group or most of all the CWB.  The OAG and their staff had complete control over the level of detail their inquiry would take and the amount of time they would take to complete it.  I understand that the time estimates the OAG budgeted for the examination increased from 5,000 hours to over 12,000 hours.  The final report was initially intended to be completed June 2001 and it was instead completed in February 2002.  The OAG investigated everything and anything they believed relevant to the examination which by their estimates cost approximately $1.5 million.

The point of this is to underscore that the OAG was not 'prevented' from examining anything.  When Ms. Sheila Fraser writes, "This examination was restricted to the pool accounts for the year ending in 2000," it should be understood that the examination was restricted in the audit plan by the OAG themselves, for the OAG's own reasons.  Moreover, the amendment to the CWB Act that invited the OAG to conduct their audit was written without imposing any restrictions on reviewing the CWB's financial transactions.  To quote from the Act, "Within two years after the day this action comes into force, the Auditor General of Canada may commence an audit of the accounts and financial transactions of the corporation for such fiscal years as the Auditor General considers appropriate..."  Although the majority of the OAG's examination was broad in scope, they did look at detail when they deemed it necessary.

As you know the OAG is one of the most independent bodies in Canada.  The Auditor General of Canada reports directly to Parliament, is appointed for a 10 year term, and cannot be re-appointed.

 

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