INDEPTH: CANADIAN GOVERNMENT
Role of the ethics commissioner
CBC News Online | June 10, 2005
In April 2004, Ottawa named Canada's first ethics commissioner, a role created to replace the ethics counsellor. The commissioner post, given to former McGill University principal Bernard Shapiro, has more power and is more independent from the government than the ethics counsellor.
Bernard Shapiro (CP file photo)
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The ethics commissioner will enforce the code of conduct for cabinet ministers and establish a new code of conduct for backbench and opposition members. Unlike the ethics counsellor, who reported to the Prime Minister's Office, the commissioner will report directly to Parliament, but the prime minister will still decide what actions to take against MPs who are found to be in conflict of interest.
In June 2005, Shapiro came under criticism for his handling of the secret tapes Conservative MP Gurmant Grewal made of his conversations with prominent Liberals. Shapiro initially said he had no mandate to investigate the behaviour of Tim Murphy, the prime minister's chief of staff, who appears on the tapes. He later said he may have misinterpreted his own powers.
Appearing before the parliamentary ethics committee, he said, "I'm learning as I go along." NDP MP Ed Broadbent said Shapiro’s testimony made it clear he doesn't understand his mandate.
Broadbent has also called for Shapiro's resignation for his handling of the investigation of former Liberal cabinet minister Judy Sgro. Shapiro allowed Sgro and her staff to review details of his ongoing investigation, and he hired lawyers to review his decision.
History of the post
Howard Wilson
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In 1994, Prime Minister Jean Chrétien named Howard Wilson as Canada's first ethics counsellor in response to campaign promises in the 1993 Liberal Red Book. The counsellor, who reported directly to the Prime Minister's Office, had responsibility to advise MPs on the following:
- The Conflict of Interest Code.
- The Parliamentary Code of Conduct.
- The Conflict of Interest and Post-Employment Code for Public Office Holders.
- The Lobbyists Registration Act.
- The Lobbyists' Code of Conduct.
In the Red Book, the Liberals promised the new ethics counsellor would
strengthen the Lobbyist Registration Act and clarify the Conflict of
Interest Code.
Since 1994, the ethics counsellor has investigated several high-profile
cases, including:
- Conflict of interest allegations against Chrétien regarding his involvement in the Hotel Grand-Mère.
- Allegations against former public works minister Alfonso Gagliano
for awarding contracts to advertising companies connected to his
sons.
- Paul Martin's role in the Canada Development Corporation (CDC)
during the tainted blood scandal.
- Wilson ruled former solicitor general Lawrence MacAuley breached
conflict of interest rules by directing government projects and
contracts to friends and family, leading to MacAuley's resignation.
Criticism
The setup of the office of the ethics counsellor has come under fire
from critics, who believe too much power is centralized in the Prime
Minister's Office. During his time in office, Chrétien had argued
that he, as prime minister, had to take final responsibility for his
ministers.
Critics complain the ethics counsellor doesn't have any real
authority – that he's not a real watchdog because
the prime minister decides which cases the counsellor should
investigate.
In October 2002, Chrétien's Liberals introduced a new ethics package that would create an independent ethics commissioner who reports directly to Parliament, but it died when Chrétien stepped down as prime minister.
The bill that created the new post wouldn't be passed until March 21, 2004, when Paul Martin was prime minister.
Options
Ottawa-based Democracy Watch has called for the creation of an
independent, three-person Ethics Commission that would report to
Parliament. Provincially, Ontario and British Columbia have independent
ethics commissioners.
Ontario and B.C.
Both provinces have an employee who counsels ministers on how to avoid
conflicts of interest. There is also a commissioner who works
independently of government, and reports on possible conflicts of interest.
United States
All state legislatures have state ethics committees or commissions
within one or both chambers; 39 states also have external ethics
commissions.
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