Did you get caught having clandestine cash-for-access rendezvouses with Chinese billionaires for Liberal Party of Canada fundraisers? Not a problem, you're only breaking your own ethical guidelines set out at the start of your government, no actual laws.
Did you get caught having a top-secret, all-inclusive getaway vacation on the palatial island of the Aga Khan, head of a foundation actively lobbying your government? Not to worry. Just say he's your good family friend, an allowed exception under the Conflict of Interest Act for taking what would otherwise be looked at as a highly inappropriate gift.
Also caught taking a ride on Khan's helicopter, despite the rules forbidding you, the Prime Minister, from flying on private aircrafts? No biggie, just say you're happy to meet with Conflict of Interest and Ethics Commissioner Mary Dawson (not "Conflict of Ethics Commissioner" as you're fond of saying at Question Period) and know that the worst case scenario is you'll pay a fine not exceeding $500.
It was also revealed your Finance Minister Bill Morneau duped Canadians into believing he put his vast fortune into a blind trust, then opted not to and held onto a million shares in his family company while also positively influencing those million shares by regulating that company's industry? Big whoop, just say he was following the advice of Dawson, even if she only told him it wasn't required by law and didn't recommend he exploit the ethics loophole she tried to close under the Harper government back in 2013. The public won't know the difference.
That same Finance Minister forgot to mention his directorship of a corporation that owns his French villa? No sweat, Morneau can probably afford to pay the $200 fine meted out by Dawson from the dividends he collected from his Morneau Shepell stock in the past two years.
Clearly Something Needs to Change
The Trudeau Liberals are abusing ethical standards as badly as (if not worse than) the Harper government they once derided and in record time.
The Conflict of Interest Act makes it clear "penalties have as their purpose to encourage compliance with this Act rather than to punish."
Maybe it's just me, but I always thought penalties were meant to punish and discourage someone from engaging in illicit activity. In any event, with 14 Liberals already fined by Ethics Commissioner Dawson this year alone, the pathetic penalties are doing the opposite of their intended consequences encouraging a hell of a lot of infractions.
Perhaps it is time the Ethics Commissioner was given some teeth?
Scaring Politicians Straight
Let's look at some possible changes to the Conflict of Interest Act and the role of the Ethics Commissioner.
First off, there might be a problem with the Prime Minister appointing the Ethics Commissioner. Could there be a conflict of interest in the PM deciding to keep Dawson in three six-month extensions of her term (offering $100,000 salary for each extension) while she's actively investigating him for possible misconduct? Government watchdog Democracy Watch sure thinks so, and is taking Dawson to court over her agreeing to take a second six-month interim contract despite the Parliament of Canada Act saying an interim Ethics Commissioner can serve no longer than six months. Because the PM is being investigated by the Ethics Commissioner, Trudeau's recused himself from picking the new one. Instead, his House Leader Bardish Chagger and his director of communications Kate Purchase will select the new Ethics Commissioner, because of course, they have no conflict of interest in choosing the replacement possibly tasked with investigating their boss.
Maybe the process in which the Ethics Commissioner is appointed should be changed to a non-partisan (I know, how naive) outside body.
Secondly, and just as important, the so-called penalties of the Conflicts of Interest Act should be upgraded to severe punishments. Maybe fines should far exceed $500, instead costing rule breakers tens of thousands. Heck, why stop there? Make certain infractions a criminal offence and give prison time for especially egregious ones.
Finally, close the gaping loopholes that are so clearly being exploited by Morneau and, according to Dawson at one point, at least three other ministers. She's since clarified her "less than five" statement to to just one, Morneau, which begs the questions why she led the opposition and journalists on a wild goose chase.
Of course, with the Liberals recent defeating of the NDP motion to close the ethics loophole exploited by Morneau, don't hold your breath. Don't expect the Trudeau government to take any of the above advice into consideration when they review and look at possible changes to the conflict-of-interest legislation. Cleaning up their ethical act is not required.
Photo Credit: Ottawa Citizen
Written by Graeme C. Gordon
