Will investigation end like quick-wins probe – five years later with no charges?

FOR IMMEDIATE RELEASE:
Monday, April 15, 2019

OTTAWA – Today, Democracy Watch called on the B.C. RCMP and Special Prosecutor David Butcher to explain why no one has been charged since March 2017 when the Globe and Mail reported the lobbyist donation scheme involving several lobbyists donating money their clients gave them.

David Butcher was appointed Special Prosecutor to assist the RCMP investigation at the end of March 2017. Elections B.C. reported in April 2017 that the B.C. Liberals had returned $174,313 in donations dating back to 2010 ($92,874 of which the Liberals had admitted were “prohibited” donations), and that the NDP had returned $10,500. The Tyee.ca reported in May 2017 that Elections B.C. reports showed that the total reimbursed by the Liberals had increased to almost $250,000.

“The B.C. Liberals admitted they returned almost $93,000 in illegal donations in April 2017, so why didn’t the RCMP and special prosecutor Butcher ask the Liberals for the list of those donors and charge and prosecute them right away before the 2017 election?” asked Duff Conacher, Co-founder of Democracy Watch. “The RCMP and David Butcher owe B.C. voters an explanation of why they haven’t charged anyone in the past two years.”

Democracy Watch questioned whether this investigation will end like another long-delayed investigation overseen by Butcher – the so-called “quick-wins probe” that last five years and resulted in only one person pleading guilty even though the RCMP recommended charges against other people.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Money in Politics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Will investigation end like quick-wins probe – five years later with no charges?

FOR IMMEDIATE RELEASE:
Monday, April 15, 2019

OTTAWA – Today, Democracy Watch called on the B.C. RCMP and Special Prosecutor David Butcher to explain why no one has been charged since March 2017 when the Globe and Mail reported the lobbyist donation scheme involving several lobbyists donating money their clients gave them.

David Butcher was appointed Special Prosecutor to assist the RCMP investigation at the end of March 2017. Elections B.C. reported in April 2017 that the B.C. Liberals had returned $174,313 in donations dating back to 2010 ($92,874 of which the Liberals had admitted were “prohibited” donations), and that the NDP had returned $10,500. The Tyee.ca reported in May 2017 that Elections B.C. reports showed that the total reimbursed by the Liberals had increased to almost $250,000.

“The B.C. Liberals admitted they returned almost $93,000 in illegal donations in April 2017, so why didn’t the RCMP and special prosecutor Butcher ask the Liberals for the list of those donors and charge and prosecute them right away before the 2017 election?” asked Duff Conacher, Co-founder of Democracy Watch. “The RCMP and David Butcher owe B.C. voters an explanation of why they haven’t charged anyone in the past two years.”

Democracy Watch questioned whether this investigation will end like another long-delayed investigation overseen by Butcher – the so-called “quick-wins probe” that last five years and resulted in only one person pleading guilty even though the RCMP recommended charges against other people.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Money in Politics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Integrity Commissioner must delegate investigation to a provincial ethics commissioner as Ethics Commissioner is his former boss

FOR IMMEDIATE RELEASE:
Monday, April 15, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to federal Integrity Commissioner Joe Friday calling on him to ensure an independent investigation into whether federal Ethics Commissioner Mario Dion’s senior lawyer Martine Richard has fully removed herself from all investigations affecting the Trudeau Liberals and opposition parties since she began her position in fall 2013, including the investigation of Democracy Watch’s complaint about the SNC-Lavalin affair. Ethics Commissioner Dion sent Democracy Watch a letter on February 26^th confirming his investigation of its complaint.

Democracy Watch is calling for the investigation of Ms. Richard because she heads the Investigations and Legal Services division of Ethics Commissioner Dion’s office, and her sister Jolène is married to Trudeau Cabinet minister Dominic LeBlanc (see also here).

Democracy Watch’s letter also calls for a ruling that Ms. Richard cannot remain in her position, given she has the appearance of bias whether she is investigating Liberals or MPs from other parties, or Conservative ministers, their staff or appointees (from 2013-2015). Her senior position also gives her power over the other people in the division who would investigate situations when she recuses herself, and as a result their actions are also tainted by her appearance of bias.

In addition to Supreme Court of Canada rulings that set high ethical standards requiring government officials to avoid even apparent conflicts of interest, the landmark 1924 British court ruling R. v. Sussex Justices, ex parte McCarthy established the principle that “Not only must justice be done, it must also be seen to be done.” The court ruled that a court clerk who worked for justices who were deciding a case, and had ties to the defendant in the case, created an appearance of bias for the justices just by being their clerk. Even though the justices swore they didn’t talk to the clerk about the case, the clerk’s presence in the justices’ office was enough for the appeal court to rule that the judges had an appearance of bias, and so their ruling was tainted.

The Ethics Commissioner office’s internal ethics code, like the government-wide code, requires all employees to avoid even the appearance of a conflict of interest, and to resolve any conflict of interest in the public interest. The code also prohibits employees from “granting preferential treatment or advantages to family, friends or any other person or entity” (p. 10). All federal ethics rules define “family” as including family by marriage.

Ethics Commissioner Dion is Integrity Commissioner Friday’s former boss, and for this reason Democracy Watch’s letter also calls on Commissioner Friday to delegate the investigation to a provincial ethics commissioner who has no ties to any political party. Mr. Dion has a record 8 unethical and questionable actions when he was federal Integrity Commissioner, and Mr. Friday never blew the whistle on any of Mr. Dion’s actions.

“The federal Ethics Commissioner’s office has claimed that Ms. Richard has recused herself from investigations affecting the Trudeau Liberals since 2013 but this needs to be confirmed by a fully independent investigation,” said Duff Conacher, Co-founder of Democracy Watch. “Given Ethics Commissioner Dion is Integrity Commissioner Friday’s former boss, this investigation must be undertaken by a provincial ethics commissioner who is fully independent from the commissioners and from any political party.”

“Democracy Watch’s position is that Ms. Richard cannot remain in her position given she has an ongoing appearance of bias in favour of Liberals and against opposition parties, and investigations and rulings on ethics violations are too important to let them be tainted by this bias,” said Conacher.

Incredibly, it could be that employees in the Ethics Commissioner’s office are exempt from the federal, government-wide Values and Ethics Code for the Public Sector and Policy on Conflict of Interest and Post-Employment, and the office could also be exempt from the requirement to have an internal ethics code set out in section 6 of the Public Servants Disclosure Protection Act.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Democracy Watch’s Government Ethics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Integrity Commissioner must delegate investigation to a provincial ethics commissioner as Ethics Commissioner is his former boss

FOR IMMEDIATE RELEASE:
Monday, April 15, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to federal Integrity Commissioner Joe Friday calling on him to ensure an independent investigation into whether federal Ethics Commissioner Mario Dion’s senior lawyer Martine Richard has fully removed herself from all investigations affecting the Trudeau Liberals and opposition parties since she began her position in fall 2013, including the investigation of Democracy Watch’s complaint about the SNC-Lavalin affair. Ethics Commissioner Dion sent Democracy Watch a letter on February 26^th confirming his investigation of its complaint.

Democracy Watch is calling for the investigation of Ms. Richard because she heads the Investigations and Legal Services division of Ethics Commissioner Dion’s office, and her sister Jolène is married to Trudeau Cabinet minister Dominic LeBlanc (see also here).

Democracy Watch’s letter also calls for a ruling that Ms. Richard cannot remain in her position, given she has the appearance of bias whether she is investigating Liberals or MPs from other parties, or Conservative ministers, their staff or appointees (from 2013-2015). Her senior position also gives her power over the other people in the division who would investigate situations when she recuses herself, and as a result their actions are also tainted by her appearance of bias.

In addition to Supreme Court of Canada rulings that set high ethical standards requiring government officials to avoid even apparent conflicts of interest, the landmark 1924 British court ruling R. v. Sussex Justices, ex parte McCarthy established the principle that “Not only must justice be done, it must also be seen to be done.” The court ruled that a court clerk who worked for justices who were deciding a case, and had ties to the defendant in the case, created an appearance of bias for the justices just by being their clerk. Even though the justices swore they didn’t talk to the clerk about the case, the clerk’s presence in the justices’ office was enough for the appeal court to rule that the judges had an appearance of bias, and so their ruling was tainted.

The Ethics Commissioner office’s internal ethics code, like the government-wide code, requires all employees to avoid even the appearance of a conflict of interest, and to resolve any conflict of interest in the public interest. The code also prohibits employees from “granting preferential treatment or advantages to family, friends or any other person or entity” (p. 10). All federal ethics rules define “family” as including family by marriage.

Ethics Commissioner Dion is Integrity Commissioner Friday’s former boss, and for this reason Democracy Watch’s letter also calls on Commissioner Friday to delegate the investigation to a provincial ethics commissioner who has no ties to any political party. Mr. Dion has a record 8 unethical and questionable actions when he was federal Integrity Commissioner, and Mr. Friday never blew the whistle on any of Mr. Dion’s actions.

“The federal Ethics Commissioner’s office has claimed that Ms. Richard has recused herself from investigations affecting the Trudeau Liberals since 2013 but this needs to be confirmed by a fully independent investigation,” said Duff Conacher, Co-founder of Democracy Watch. “Given Ethics Commissioner Dion is Integrity Commissioner Friday’s former boss, this investigation must be undertaken by a provincial ethics commissioner who is fully independent from the commissioners and from any political party.”

“Democracy Watch’s position is that Ms. Richard cannot remain in her position given she has an ongoing appearance of bias in favour of Liberals and against opposition parties, and investigations and rulings on ethics violations are too important to let them be tainted by this bias,” said Conacher.

Incredibly, it could be that employees in the Ethics Commissioner’s office are exempt from the federal, government-wide Values and Ethics Code for the Public Sector and Policy on Conflict of Interest and Post-Employment, and the office could also be exempt from the requirement to have an internal ethics code set out in section 6 of the Public Servants Disclosure Protection Act.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Democracy Watch’s Government Ethics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Sorry, this entry is only available in Français.

Sorry, this entry is only available in Français.

Sorry, this entry is only available in Français.

Integrity Commissioner’s ruling on OPP Commissioner appointment contains clear evidence Ford’s Chief of Staff, deputy minister and possibly others gave preferential treatment to Ron Taverner and Mario di Tomasso

FOR IMMEDIATE RELEASE:
Tuesday, April 9, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to Ontario Ombudsman Paul Dubé calling on him to investigate Premier Ford’s Chief of Staff Dean French (and possibly other Ford staff) and former deputy minister Steve Orsini providing preferential treatment to Ford’s friend Ron Taverner, and also to Mario Di Tomasso and Chris Froggatt, which would violate the provincial government ethics law.

Democracy Watch sent a similar letter to Ontario Integrity Commissioner J. David Wake on March 25th but he has refused to confirm even receiving that letter even though Democracy Watch has contacted him multiple times. Democracy Watch also sent that letter to Ontario Conflict of Interest Commissioner Sydney Linden but he refused to issue a public ruling.

In its letter to Ombudsman Dubé, Democracy Watch also requested an investigation of Premier Ford’s staff intervening in the purchase by the OPP of a van for the Premier’s travel, in violation of government spending rules.

Integrity Commissioner J. David Wake’s ruling on March 20th concerning the OPP Commissioner appointment process contains clear evidence that Dean French, and former Secretary of the Cabinet Steve Orsini, and likely others, provided preferential treatment to Mr. Taverner with regard to the offer Premier Ford made to Taverner of an executive job with the government’s Ontario Cannabis store, and also throughout the OPP Commissioner appointment process that resulted in Premier Ford’s attempted appointment of his friend Mr. Taverner.

There is also evidence in Commissioner Wake’s ruling that Mr. French and Mr. Orsini provided preferential treatment to Mario Di Tomasso by considering only him for the position of Deputy Minister of Community Safety, which helped ensure Mr. Taverner’s appointment as OPP Commissioner given Mr. Di Tomasso was Mr. Taverner’s former boss at the Toronto Police Service.

There is also evidence in Commissioner Wake’s ruling that Mr. French provided preferential treatment to Chris Froggatt in connecting him (and him only) with Mr. Taverner after the Ford Cabinet appointed him as OPP Commissioner to have him give Mr. Taverner communications advice and assistance.

Further investigation is needed by Commissioner Wake to determine if the actions of Derek O’Toole, Senior Policy Advisor in Premier Ford’s office, and Greg Harrington, Policy Advisor to Mr. French, also crossed the line in the ethics law. There is some evidence in Commissioner Wake’s ruling that they also provided preferential treatment to Mr. Taverner.

All public servants in the Ontario government, including ministers’ staff and the Secretary to the Cabinet, are prohibited by regulations under the Public Service of Ontario Act from giving preferential treatment to any person or entity, and are required to “endeavour to avoid creating the appearance that preferential treatment is being given to a person or entity…”

“There is clear evidence in the Integrity Commissioner’s ruling on the OPP Commissioner appointment process that Premier Ford’s Chief of Staff Dean French and his former deputy minister violated Ontario government ethics rules by giving preferential treatment to Ron Taverner more than once, and also to Mario Di Tomasso,” said Duff Conacher, Co-founder of Democracy Watch. “Hopefully Ontario’s Ombudsman will do the right thing and investigate and issue a public ruling on these violations.”

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Government Ethics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Integrity Commissioner’s ruling on OPP Commissioner appointment contains clear evidence Ford’s Chief of Staff, deputy minister and possibly others gave preferential treatment to Ron Taverner and Mario di Tomasso

FOR IMMEDIATE RELEASE:
Tuesday, April 9, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to Ontario Ombudsman Paul Dubé calling on him to investigate Premier Ford’s Chief of Staff Dean French (and possibly other Ford staff) and former deputy minister Steve Orsini providing preferential treatment to Ford’s friend Ron Taverner, and also to Mario Di Tomasso and Chris Froggatt, which would violate the provincial government ethics law.

Democracy Watch sent a similar letter to Ontario Integrity Commissioner J. David Wake on March 25th but he has refused to confirm even receiving that letter even though Democracy Watch has contacted him multiple times. Democracy Watch also sent that letter to Ontario Conflict of Interest Commissioner Sydney Linden but he refused to issue a public ruling.

In its letter to Ombudsman Dubé, Democracy Watch also requested an investigation of Premier Ford’s staff intervening in the purchase by the OPP of a van for the Premier’s travel, in violation of government spending rules.

Integrity Commissioner J. David Wake’s ruling on March 20th concerning the OPP Commissioner appointment process contains clear evidence that Dean French, and former Secretary of the Cabinet Steve Orsini, and likely others, provided preferential treatment to Mr. Taverner with regard to the offer Premier Ford made to Taverner of an executive job with the government’s Ontario Cannabis store, and also throughout the OPP Commissioner appointment process that resulted in Premier Ford’s attempted appointment of his friend Mr. Taverner.

There is also evidence in Commissioner Wake’s ruling that Mr. French and Mr. Orsini provided preferential treatment to Mario Di Tomasso by considering only him for the position of Deputy Minister of Community Safety, which helped ensure Mr. Taverner’s appointment as OPP Commissioner given Mr. Di Tomasso was Mr. Taverner’s former boss at the Toronto Police Service.

There is also evidence in Commissioner Wake’s ruling that Mr. French provided preferential treatment to Chris Froggatt in connecting him (and him only) with Mr. Taverner after the Ford Cabinet appointed him as OPP Commissioner to have him give Mr. Taverner communications advice and assistance.

Further investigation is needed by Commissioner Wake to determine if the actions of Derek O’Toole, Senior Policy Advisor in Premier Ford’s office, and Greg Harrington, Policy Advisor to Mr. French, also crossed the line in the ethics law. There is some evidence in Commissioner Wake’s ruling that they also provided preferential treatment to Mr. Taverner.

All public servants in the Ontario government, including ministers’ staff and the Secretary to the Cabinet, are prohibited by regulations under the Public Service of Ontario Act from giving preferential treatment to any person or entity, and are required to “endeavour to avoid creating the appearance that preferential treatment is being given to a person or entity…”

“There is clear evidence in the Integrity Commissioner’s ruling on the OPP Commissioner appointment process that Premier Ford’s Chief of Staff Dean French and his former deputy minister violated Ontario government ethics rules by giving preferential treatment to Ron Taverner more than once, and also to Mario Di Tomasso,” said Duff Conacher, Co-founder of Democracy Watch. “Hopefully Ontario’s Ombudsman will do the right thing and investigate and issue a public ruling on these violations.”

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Government Ethics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Again calls on Ethics Commissioner to delegate investigation of PMO/AG/SNC-Lavalin situation to a provincial ethics commissioner – Commissioner biased as Trudeau Cabinet chose him after secretive, dishonest process, and senior lawyer also has appearance of bias

FOR IMMEDIATE RELEASE:
Monday, April 8, 2019

OTTAWA – Today, Democracy Watch raised questions about whether federal Conflict of Interest and Ethics Commissioner Mario Dion’s senior lawyer, Martine Richard, is the sister of Jolène Richard, who is married to Trudeau Cabinet minister Dominic LeBlanc (see also here). Ms. Richard heads the Investigations and Legal Services division of the Ethics Commissioner’s office.

If so, in addition to this conflict of interest, Mr. Dion was chosen by the Trudeau Cabinet after a secretive, Cabinet-controlled process that failed to consult with opposition parties as required by the Parliament of Canada Act. As well, Mr. Dion also has a record 8 unethical and questionable actions when he was federal Integrity Commissioner.

If Ms. Richard has this connection with Minister LeBlanc, and given Mr. Dion’s current prolonged medical leave, Democracy Watch again called on Commissioner Dion to delegate to a provincial ethics commissioner (who has no ties to any political party) the investigation of its complaint concerning who tried to influence former Attorney General Jody Wilson-Raybould to intervene and stop the prosecution of SNC-Lavalin by the Public Prosecution Service of Canada (PPSC).

Democracy Watch filed the first complaint with Ethics Commissioner Dion about the PMO/Attorney General/SNC-Lavalin situation on February 8th, alleging that anyone covered by the federal Conflict of Interest Act, including the Prime Minister and PMO staff, who tried to pressure the Attorney General violated section 9 of the Act by using “his or her position as a public office holder to seek to influence a decision of another person so as to… improperly further another person’s private interests.”

Ethics Commissioner Dion sent Democracy Watch a letter on February 26^th confirming his investigation of its complaint. Democracy Watch sent a second letter to Ethics Commissioner Dion on March 5th requesting that he expand the investigation into all 11 people whom Ms. Wilson-Raybould named in her testimony before the Justice Committee on February 27th.

“The federal Ethics Commissioner’s office is tainted by bias in favour of the Trudeau Cabinet, and must delegate the investigation of the SNC-Lavalin scandal to a provincial ethics commissioner who is fully independent of any political party,” said Duff Conacher, Co-founder of Democracy Watch. “Ethics Commissioner Dion should not be ruling on any situations involving Liberals as he was hand-picked by the Trudeau Cabinet through a secretive, very questionable process, has a senior lawyer with a family connection to a Cabinet minister, and has an unethical past enforcement record.”

Democracy Watch also called for an independent investigation of Ms. Richard’s family connection to Minister LeBlanc, and her actions and decisions in all investigations and situations since she joined the Ethics Commissioner’s office. It is unclear when Ms. Richard joined the office – although according to a newsletter on the website of her former employer, the Patented Medicine Prices Review Board, she started sometime in September-October 2013.

Incredibly, it seems that employees in the Ethics Commissioner’s office are exempt from the federal, government-wide Values and Ethics Code for the Public Sector and Policy on Conflict of Interest and Post-Employment, and the office seems to be exempt from the requirement to have an internal ethics code set out in section 6 of the Public Servants Disclosure Protection Act.

However, the Ethics Commissioner’s office does have an internal code that, like the government-wide code, requires all employees to avoid even the appearance of a conflict of interest, and to resolve any conflict of interest in the public interest (for example, by not participating in a decision-making process when they have an appearance of a conflict – p. 9). The code also prohibits employees from “granting preferential treatment or advantages to family, friends or any other person or entity” (p. 10). All federal ethics rules define “family” as including family by marriage.

Federal Integrity Commissioner Joe Friday should issue a public statement whether his office has the legal power to investigate Ms. Richard if she is related to Dominic LeBlanc, and if he does he should delegate the investigation to a provincial ethics commissioner given he has an appearance of bias as his former boss was current Ethics Commissioner Mario Dion.

If Ms. Richard, is Dominic LeBlanc’s sister-in-law, the key question is whether Ms. Richard has effectively removed herself from investigations and decisions that affect Trudeau Cabinet ministers, their staff and Liberal MPs since she started in the office, including the investigation of the SNC-Lavalin affair, and also past investigations including the one that led to the ruling finding Dominic LeBlanc guilty of handing out a surf clam licence to a company connected to a cousin of his wife? And an overall question is whether Ms. Richard can serve in such a position given her family relationship to Dominic LeBlanc?

“If Martine Richard has a family relationship with Liberal Cabinet minister Dominic LeBlanc, a fully independent investigation is needed into the actions and decisions of the Ethics Commissioner’s senior lawyer in all investigations and situations since she joined the office, along with a public ruling detailing whether and how she can actually remain in this job,” said Duff Conacher, Co-founder of Democracy Watch.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Government Ethics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Again calls on Ethics Commissioner to delegate investigation of PMO/AG/SNC-Lavalin situation to a provincial ethics commissioner – Commissioner biased as Trudeau Cabinet chose him after secretive, dishonest process, and senior lawyer also has appearance of bias

FOR IMMEDIATE RELEASE:
Monday, April 8, 2019

OTTAWA – Today, Democracy Watch raised questions about whether federal Conflict of Interest and Ethics Commissioner Mario Dion’s senior lawyer, Martine Richard, is the sister of Jolène Richard, who is married to Trudeau Cabinet minister Dominic LeBlanc (see also here). Ms. Richard heads the Investigations and Legal Services division of the Ethics Commissioner’s office.

If so, in addition to this conflict of interest, Mr. Dion was chosen by the Trudeau Cabinet after a secretive, Cabinet-controlled process that failed to consult with opposition parties as required by the Parliament of Canada Act. As well, Mr. Dion also has a record 8 unethical and questionable actions when he was federal Integrity Commissioner.

If Ms. Richard has this connection with Minister LeBlanc, and given Mr. Dion’s current prolonged medical leave, Democracy Watch again called on Commissioner Dion to delegate to a provincial ethics commissioner (who has no ties to any political party) the investigation of its complaint concerning who tried to influence former Attorney General Jody Wilson-Raybould to intervene and stop the prosecution of SNC-Lavalin by the Public Prosecution Service of Canada (PPSC).

Democracy Watch filed the first complaint with Ethics Commissioner Dion about the PMO/Attorney General/SNC-Lavalin situation on February 8th, alleging that anyone covered by the federal Conflict of Interest Act, including the Prime Minister and PMO staff, who tried to pressure the Attorney General violated section 9 of the Act by using “his or her position as a public office holder to seek to influence a decision of another person so as to… improperly further another person’s private interests.”

Ethics Commissioner Dion sent Democracy Watch a letter on February 26^th confirming his investigation of its complaint. Democracy Watch sent a second letter to Ethics Commissioner Dion on March 5th requesting that he expand the investigation into all 11 people whom Ms. Wilson-Raybould named in her testimony before the Justice Committee on February 27th.

“The federal Ethics Commissioner’s office is tainted by bias in favour of the Trudeau Cabinet, and must delegate the investigation of the SNC-Lavalin scandal to a provincial ethics commissioner who is fully independent of any political party,” said Duff Conacher, Co-founder of Democracy Watch. “Ethics Commissioner Dion should not be ruling on any situations involving Liberals as he was hand-picked by the Trudeau Cabinet through a secretive, very questionable process, has a senior lawyer with a family connection to a Cabinet minister, and has an unethical past enforcement record.”

Democracy Watch also called for an independent investigation of Ms. Richard’s family connection to Minister LeBlanc, and her actions and decisions in all investigations and situations since she joined the Ethics Commissioner’s office. It is unclear when Ms. Richard joined the office – although according to a newsletter on the website of her former employer, the Patented Medicine Prices Review Board, she started sometime in September-October 2013.

Incredibly, it seems that employees in the Ethics Commissioner’s office are exempt from the federal, government-wide Values and Ethics Code for the Public Sector and Policy on Conflict of Interest and Post-Employment, and the office seems to be exempt from the requirement to have an internal ethics code set out in section 6 of the Public Servants Disclosure Protection Act.

However, the Ethics Commissioner’s office does have an internal code that, like the government-wide code, requires all employees to avoid even the appearance of a conflict of interest, and to resolve any conflict of interest in the public interest (for example, by not participating in a decision-making process when they have an appearance of a conflict – p. 9). The code also prohibits employees from “granting preferential treatment or advantages to family, friends or any other person or entity” (p. 10). All federal ethics rules define “family” as including family by marriage.

Federal Integrity Commissioner Joe Friday should issue a public statement whether his office has the legal power to investigate Ms. Richard if she is related to Dominic LeBlanc, and if he does he should delegate the investigation to a provincial ethics commissioner given he has an appearance of bias as his former boss was current Ethics Commissioner Mario Dion.

If Ms. Richard, is Dominic LeBlanc’s sister-in-law, the key question is whether Ms. Richard has effectively removed herself from investigations and decisions that affect Trudeau Cabinet ministers, their staff and Liberal MPs since she started in the office, including the investigation of the SNC-Lavalin affair, and also past investigations including the one that led to the ruling finding Dominic LeBlanc guilty of handing out a surf clam licence to a company connected to a cousin of his wife? And an overall question is whether Ms. Richard can serve in such a position given her family relationship to Dominic LeBlanc?

“If Martine Richard has a family relationship with Liberal Cabinet minister Dominic LeBlanc, a fully independent investigation is needed into the actions and decisions of the Ethics Commissioner’s senior lawyer in all investigations and situations since she joined the office, along with a public ruling detailing whether and how she can actually remain in this job,” said Duff Conacher, Co-founder of Democracy Watch.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Government Ethics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Integrity Commissioner’s ruling on OPP Commissioner appointment contains clear evidence that Ford offered the job only to Taverner

FOR IMMEDIATE RELEASE:
Tuesday, April 2, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to Ontario Integrity Commissioner David Wake calling on him to issue a public ruling on Premier Ford violating the provincial ethics law by offering an executive position at the Ontario Cannabis Store to his friend Ron Taverner, with an annual salary of $270,000.

The letter raises questions about whether the Premier’s offer to Mr. Taverner violates the rules in the provincial Members’ Integrity Act that prohibit provincial politicians from participating in (section 2) or trying to influence (section 4) any decision that could further their own interests or improperly further another person’s interests.

Commissioner Wake’s ruling on March 20th concerning the OPP Commissioner appointment process contains clear evidence that Premier Ford’s made a direct job offer to Taverner, and only Taverner (See pages 21-24 of your ruling (paras. 78-90)).

Ford’s offer skipped four key steps in the hiring process for Ontario government jobs, and also violated key requirements for government appointments and pay rates.

“There is clear evidence in the Integrity Commissioner’s ruling on the OPP Commissioner appointment process that Premier Ford violated Ontario’s ethics law by directly offering an executive job to his friend Ron Taverner at the Ontario Cannabis Store,” said Duff Conacher, Co-founder of Democracy Watch. “Given the clear evidence, hopefully the Integrity Commissioner will do the right thing and issue a public ruling very soon finding Premier Ford guilty of violating the provincial ethics law.”

The Premier and Cabinet ministers are allowed to hire anyone they want as their staff as it is considered acceptable that, despite the fact staff are paid for with the public’s money, Cabinet ministers would want them all to be loyal supporters of the ruling party.

However, Democracy Watch’s position is that, based on Part 3 of a key Cabinet policy, it is improper for the Premier or any other Cabinet minister to appoint party loyalists or friends to any other government position. It is especially improper when the government hasn’t done a public, merit-based search for qualified candidates, and the person appointed lacks expertise in the area.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Government Ethics Campaign and Stop Bad Government Appointments Campaign

Integrity Commissioner’s ruling on OPP Commissioner appointment contains clear evidence that Ford offered the job only to Taverner

FOR IMMEDIATE RELEASE:
Tuesday, April 2, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to Ontario Integrity Commissioner David Wake calling on him to issue a public ruling on Premier Ford violating the provincial ethics law by offering an executive position at the Ontario Cannabis Store to his friend Ron Taverner, with an annual salary of $270,000.

The letter raises questions about whether the Premier’s offer to Mr. Taverner violates the rules in the provincial Members’ Integrity Act that prohibit provincial politicians from participating in (section 2) or trying to influence (section 4) any decision that could further their own interests or improperly further another person’s interests.

Commissioner Wake’s ruling on March 20th concerning the OPP Commissioner appointment process contains clear evidence that Premier Ford’s made a direct job offer to Taverner, and only Taverner (See pages 21-24 of your ruling (paras. 78-90)).

Ford’s offer skipped four key steps in the hiring process for Ontario government jobs, and also violated key requirements for government appointments and pay rates.

“There is clear evidence in the Integrity Commissioner’s ruling on the OPP Commissioner appointment process that Premier Ford violated Ontario’s ethics law by directly offering an executive job to his friend Ron Taverner at the Ontario Cannabis Store,” said Duff Conacher, Co-founder of Democracy Watch. “Given the clear evidence, hopefully the Integrity Commissioner will do the right thing and issue a public ruling very soon finding Premier Ford guilty of violating the provincial ethics law.”

The Premier and Cabinet ministers are allowed to hire anyone they want as their staff as it is considered acceptable that, despite the fact staff are paid for with the public’s money, Cabinet ministers would want them all to be loyal supporters of the ruling party.

However, Democracy Watch’s position is that, based on Part 3 of a key Cabinet policy, it is improper for the Premier or any other Cabinet minister to appoint party loyalists or friends to any other government position. It is especially improper when the government hasn’t done a public, merit-based search for qualified candidates, and the person appointed lacks expertise in the area.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Government Ethics Campaign and Stop Bad Government Appointments Campaign

Did he talk about SNC-Lavalin or his call with AG with PM from Dec. 19-Jan. 7?

Did he communicate with PM about SNC-Lavalin or his call from Dec. 19-Jan. 7?

FOR IMMEDIATE RELEASE:
Monday, April 1, 2019

OTTAWA – Today, Democracy Watch called on the media and House and Senate committees to ask former Clerk of the Privy Council Michael Wernick two simple questions that remain unanswered:

Did Mr. Wernick talk about SNC-Lavalin, or his phone call with then-Attorney General Jody Wilson-Raybould, with Prime Minister Trudeau or other members of the PM’s staff from December 19, 2018 through to the beginning of January 2019 when everyone returned from vacation?

Did Mr. Wernick communicate in any way about SNC-Lavalin, or his phone call with then-Attorney General Jody Wilson-Raybould, with Prime Minister Trudeau or other members of the PM’s staff from December 19, 2018 through to the beginning of January 2019 when everyone returned from vacation?

The statement issued on Saturday by Mr. Wernick’s lawyer Frank Addario does not answer these two questions. It says, very carefully, only that Mr. Wernick did not discuss SNC-Lavalin with the PM after the beginning of January.

The statement issued by the Prime Minister’s Office says, very carefully, only that Mr. Wernick did not brief the Prime Minister on the call with the former Attorney General. This does not answer whether Mr. Wernick briefed someone on the PM’s staff about the call, who then briefed the PM about the call.

The statement says:

“Michael Wernick must answer two key questions about whether he communicated in any way with the PM or the PM’s staff after his call with the Attorney General about SNC-Lavalin,” said Duff Conacher, Co-founder of Democracy Watch. “The answers to these questions are key to both the investigation concerning who may have violated the federal government ethics law, and whether any obstruction of justice occurred.”

Answering these two questions is key for the Ethics Commissioner, and the RCMP, in their investigations. Democracy Watch’s February 8^th and March 5th letters to Ethics Commissioner Mario Dion, which are the basis of the Commissioner’s current investigation, requested an investigation of everyone who may have tried to influence the former Attorney General. Ethics Commissioner Dion sent Democracy Watch a letter on February 26th confirming his investigation of its complaint.

Democracy Watch’s position is still that Ethics Commissioner Dion should delegate the investigation and ruling on the situation to a provincial ethics commissioner who has no ties to any federal party, given that he was chosen by the Trudeau Cabinet after a secretive, Cabinet-controlled process that failed to consult with opposition parties as required by the Parliament of Canada Act. Mr. Dion also has a record 8 unethical and questionable actions when he was federal Integrity Commissioner.

It is a violation for anyone covered by the federal the Conflict of Interest Act, including the Prime Minister and PMO staff, to “use his or her position as a public office holder to seek to influence a decision of another person so as to… improperly further another person’s private interests” (section 9).

Democracy Watch’s position is that stopping the prosecution would clearly further SNC-Lavalin’s private interests, and that it would be improper to pressure the Attorney General to intervene to stop the prosecution because the PPSC was established explicitly to prevent such political interference in prosecutions.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Government Ethics Campaign

Did he talk about SNC-Lavalin or his call with AG with PM from Dec. 19-Jan. 7?

Did he communicate with PM about SNC-Lavalin or his call from Dec. 19-Jan. 7?

FOR IMMEDIATE RELEASE:
Monday, April 1, 2019

OTTAWA – Today, Democracy Watch called on the media and House and Senate committees to ask former Clerk of the Privy Council Michael Wernick two simple questions that remain unanswered:

Did Mr. Wernick talk about SNC-Lavalin, or his phone call with then-Attorney General Jody Wilson-Raybould, with Prime Minister Trudeau or other members of the PM’s staff from December 19, 2018 through to the beginning of January 2019 when everyone returned from vacation?

Did Mr. Wernick communicate in any way about SNC-Lavalin, or his phone call with then-Attorney General Jody Wilson-Raybould, with Prime Minister Trudeau or other members of the PM’s staff from December 19, 2018 through to the beginning of January 2019 when everyone returned from vacation?

The statement issued on Saturday by Mr. Wernick’s lawyer Frank Addario does not answer these two questions. It says, very carefully, only that Mr. Wernick did not discuss SNC-Lavalin with the PM after the beginning of January.

The statement issued by the Prime Minister’s Office says, very carefully, only that Mr. Wernick did not brief the Prime Minister on the call with the former Attorney General. This does not answer whether Mr. Wernick briefed someone on the PM’s staff about the call, who then briefed the PM about the call.

The statement says:

“Michael Wernick must answer two key questions about whether he communicated in any way with the PM or the PM’s staff after his call with the Attorney General about SNC-Lavalin,” said Duff Conacher, Co-founder of Democracy Watch. “The answers to these questions are key to both the investigation concerning who may have violated the federal government ethics law, and whether any obstruction of justice occurred.”

Answering these two questions is key for the Ethics Commissioner, and the RCMP, in their investigations. Democracy Watch’s February 8^th and March 5th letters to Ethics Commissioner Mario Dion, which are the basis of the Commissioner’s current investigation, requested an investigation of everyone who may have tried to influence the former Attorney General. Ethics Commissioner Dion sent Democracy Watch a letter on February 26th confirming his investigation of its complaint.

Democracy Watch’s position is still that Ethics Commissioner Dion should delegate the investigation and ruling on the situation to a provincial ethics commissioner who has no ties to any federal party, given that he was chosen by the Trudeau Cabinet after a secretive, Cabinet-controlled process that failed to consult with opposition parties as required by the Parliament of Canada Act. Mr. Dion also has a record 8 unethical and questionable actions when he was federal Integrity Commissioner.

It is a violation for anyone covered by the federal the Conflict of Interest Act, including the Prime Minister and PMO staff, to “use his or her position as a public office holder to seek to influence a decision of another person so as to… improperly further another person’s private interests” (section 9).

Democracy Watch’s position is that stopping the prosecution would clearly further SNC-Lavalin’s private interests, and that it would be improper to pressure the Attorney General to intervene to stop the prosecution because the PPSC was established explicitly to prevent such political interference in prosecutions.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]

Democracy Watch’s Government Ethics Campaign