Link to CTV News Channel piece

CBC Power and Politics piece unavailable

Dear Editor:

Jean T. Fournier writes that in his seven years as Senate Ethics Officer he did not hear from any other Canadian ethics commissioner about any politician using their position “to get special treatment for the companies on whose boards they sat” (Letter – Nov. 12).

He fails to mention that none of the ethics commissioners across Canada conduct audits of what politicians and government officials do — so of course they haven’t caught anyone.  He also neglects to note that Alberta government officials recently blew the whistle on MLA Peter Sandhu because he was lobbying them on behalf of his own business.

Mr. Founier also ignores the fact that a huge loophole in political ethics rules across Canada makes it legal for all politicians (including Cabinet ministers), political staff and Cabinet appointees to lobby for special treatment for their own and their companies’ financial interests.  Because of this loophole, the Alberta ethics commissioner ruled that Mr. Sandhu’s lobbying was not a violation of ethics rules.

As well, a politician or government official can also very easily give special treatment to their own or their companies’ interests through inaction — for example by not advocating for regulations that increase protection for consumers, the environment, children etc.

To have governments that protect the public interest, ethics rules must be strengthened across Canada either to prohibit politicians and government officials from having any business investments or other ties to businesses, or to prohibit them from taking part in any decision-making process if there is even an appearance that the decision could benefit them or their business in any way.

Federal politicians enacted rules 25 years ago that prohibit federal public servants from taking part in any decision-making process if there is an appearance that the decision could benefit them or their family in any way (not just financially).  MPs are currently reviewing federal ethics rules — they should stop being hypocritical and start being ethics by finally imposing the same prohibition on all federal politicians, political staff and appointees.

Sincerely,
Duff Conacher, Founding Director of Democracy Watch

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Democracy Watch’s Government Ethics Campaign

Group launches letter-writing campaign for changes that will help stop abuses of power by the Prime Minister and premiers, and make legislatures much more fair and democratic

OTTAWA – Today, as Prince Charles celebrates his 65^th birthday, Democracy Watch launched a letter-writing campaign for key changes to empower, democratize and Canadianize the Governor General and provincial lieutenant governors.  All the changes can be made by simple resolutions in each legislature – no amendments needed to the written Constitution – and all will help stop abuses of power by the Prime Minister and provincial premiers and make every legislature more fair and democratic, and Canadian.

“The Governor General and provincial lieutenant governors are supposed to play a key role in checking abuses of power by the Prime Minister and premiers, but they are appointed lapdogs with no clear rules to enforce,” said Duff Conacher, Board member of Democracy Watch.  “The Governor General and lieutenant governors must be chosen democratically, and given clear, written rules to enforce, to ensure they can stop abuses of power by the Prime Minister and premiers.”

First, as the national legislatures in Britain, Australia and New Zealand have done, the federal and provincial legislatures should pass a law or resolution that sets out the following five clear rules concerning key processes that involve the Prime Minister (PM) and Governor General (GG), and a premier and the province’s Lieutenant Governor (LG) (processes which are currently regulated by very unclear, unwritten constitutional conventions):

1. General election dates are fixed every four years (preferably on the last Monday in October), and the PM/premier may only ask the GG/LG to call an election in between the election dates if the legislature votes non-confidence in the government;
2. The legislature must be opened within 30 days after each general election, and must be open at 120 days each year;
3. After each election, the political party that obtains the most seats in the election shall be given the first opportunity to form a government and demonstrate that it has the confidence of the legislature, and if the legislature votes non-confidence in that government then the leading opposition party shall be given the same opportunity, or can refuse it and allow the GG/LG to call an election;
4. A vote of non-confidence is only a vote on a resolution that reads “The legislature does not have confidence in the government” and after a government loses a non-confidence vote, the leading opposition party shall be given the opportunity to form a government and demonstrate that it has the confidence of the legislature, or it can refuse that opportunity allowing the GG/LG to call an election, and;
5. The PM/premier may only request that the GG/LG prorogue the legislature during the regularly scheduled annual adjournment periods, and only until the scheduled end of any adjournment.

Secondly, given that the written Constitution does not require that the Governor General be selected in any specific way, the federal Parliament should pass a law establishing a new, democratic process for choosing the Governor General (GG).  The law should create a new federal Cabinet appointments agency made up of five people chosen with the approval of the leaders of all federal political parties recognized in the House of Commons.  That agency should conduct a public, advertised, merit-based search to come up with a shortlist of three qualified candidates for GG (this agency should also do similar searches for candidates for all other federal Cabinet appointments).  Then, a convention should be held attended by the leaders of every party recognized in the federal, provincial and territorial legislatures, with the GG approved by at least two-thirds of the leaders.  This will result in a democratically representative, non-partisan and qualified GG being chosen every time.

As well, currently each provincial lieutenant governor (LG) is chosen by the Prime Minister (usually after consulting only with the premier of the province) and approved by the Governor General.  The federal Parliament should also pass a law that requires the appointments agency to search for qualified candidates, and requires the Prime Minister to have the approval of the leaders of all provincial parties recognized in the provincial legislature for the person chosen to be LG, to give each LG democratic legitimacy.

Finally, given that the written Constitution does not require that the Prime Minister request the Queen’s approval of the Governor General (GG), the Prime Minister should simply not request the Queen’s approval for the next person chosen to be GG.  It is very likely that the Queen will still proclaim the person as Canada’s GG, thereby establishing a new constitutional convention that will Canadianize the GG.

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 FOR MORE INFORMATION:

Duff Conacher, Board member of Democracy Watch

[email protected]

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Democracy Watch’s Democratic Head Campaign

Link to Globe and Mail article

Link to Toronto Star article