Ethics commissioner Mary Dawson must divulge whether she is asking the prime minister to renew her term of office, says Democracy Watch.

Ethics commissioner Mary Dawson must divulge whether she is asking the prime minister to renew her term of office, says Democracy Watch.
Photo Credit: Adrian Wyld/The Canadian Press

Ethics watchdog in a conflict of interest?

Canada’s ethics commissioner, Mary Dawson, must divulge whether she is asking the prime minister to appoint her for another term, says Duff Conacher, co-founder of the advocacy group Democracy Watch. He says, she may be in a conflict of interest if she is asking him to renew her job at the same time as she is considering complaints that he may have breached ethics rules.

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The leader of the opposition Conservative party has asked Dawson to look into Liberal party fundraisers featuring the prime minister and top cabinet ministers. People have paid $1,500 to attend and some of them openly said they did so in order to lobby the politicians.

Prime Minister Justin Trudeau has repeatedly had to answer questions about the ethics of fundraising events in the House of Commons.
Prime Minister Justin Trudeau has repeatedly had to answer questions about the ethics of fundraising events in the House of Commons. © PC/Sean Kilpatrick/The Canadian Press

‘It’s undemocratic’

“These are small, invitation-only, high-priced, exclusive events that most people can’t afford and most people aren’t invited to,” says Conacher. “We’re learning now that at those events the organizers are actually inviting people saying it’s an opportunity to lobby the prime minister, essentially behind closed doors, in secret, as long as you pay the entrance fee…

“It’s undemocratic and, in Democracy Watch’s viewpoint, it violates the federal ethics law.”

Law ‘has big loopholes’

Canada has a conflict of interest law that applies to the prime minister, cabinet ministers and their staff, but Conacher says it can be circumvented. “It really should be called ‘The Almost-impossible-to-be-in-a Conflict of Interest Act because it has lots of big loopholes.

“But there are clear rules that you can’t give preferential treatment to someone based on their identity or what they might have done, such as being a top-level donor or being a former party colleague who’s now out of politics and is now a lobbyist.

“The cabinet minister or the prime minister can’t take part at all in soliciting or accepting donations that would cause a conflict of interest.”

Duff Conacher says governments should not choose their own watchdogs.
Duff Conacher says governments should not choose their own watchdogs. © Adrian Wyld/Canadian Press/file

‘The public has a right to know’

Conacher is disappointed that the ethics commissioner has declined to investigate this issue saying the rules don’t apply.

“We’re wondering whether she’s saying that because she’s applying to the prime minister to be appointed for another 7 years.  She needs to disclose that. The public has a right to know.”

This brings up the broader issue of government appointments. Conacher says heads of agencies, government watchdogs and judges should not be named by leaders of governments which they might later have to investigate or rule against.

Most commissions have ‘a fatal flaw’

He says rather they should be named as are judges in the province of Ontario. It has a special independent commission made up of 7 government appointees and 6 people from outside who produce a list of candidates. The attorney-general must choose from that list.

The federal and provincial governments do have commissions that suggest a short list of candidates for some appointments. But Conacher laments that there is not obligation to choose from the list.

“And that’s the fatal flaw. They can essentially choose their own watchdogs…It’s just rife with conflicts of interest, very unethical and also undermines the rule of law.”

Here is a list of appointments to be made by the federal cabinet.

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