Inside Politics

UPDATE - NDP nixes Libs' bid to call Del Mastro to ethics committee

by Kady O'Malley Posted: July 6, 2012 2:42 PM Last Updated: July 6, 2012 3:07 PM
UPDATE: Laura Payton reports that the NDP will not be supporting Liberal MP Scott Andrews' attempt to recall the ethics committee for a special mid-summer hearing on the allegations against Dean Del Mastro: 


New Democrat MP Charlie Angus, the NDP's ethics critic, says he's concerned having Del Mastro testify in front of the committee would shield him from prosecution because of parliamentary privilege that protests committee testimony.

"My concern is why would we give Dean Del Mastro a forum where he'd get immunity for anything he said, that could be used against him? I don't know if the Liberals have really thought this through," Angus said.

"As fun as it is having gong shows in Ottawa, these are really serious issues that have to be done right."

Instead, Angus is calling on the government to ask the RCMP commercial crime unit to look into the "growing allegations of illegal campaign contributions" to Del Mastro's 2008 campaign. He also wants the director of public prosecutions to provide pre-emptive "prosecutorial advice" to the Mounties. 

Here's the letter he sent to Justice Minister Rob Nicholson earlier today: 

Dear Hon. Robert Nicholson,

I am writing with regard to the growing allegations of illegal campaign contributions to Dean Del Mastro's 2008 election campaign.

In addition to previous reports around a personal cheque and possible overspending on voter identification work, recent reports in the Ottawa Citizen[i] [ii] have raised further questions concerns about the legality of some campaign contributions by employees of Deltro Electric Ltd. to Mr. Del Mastro's election campaign. With these growing allegations, including eyewitnesses, we are concerned the issues surrounding this campaign financing scheme have gone beyond the potential violations of the Elections Act.

We believe these alleged offences fall under federal jurisdiction, potentially crossing several federal laws. Those laws and sections that could be in violation include:

        • Conspiracy to commit fraud over $5000 Section 380(1)(a) of the Criminal Code of Canada
        • Making a false claim in a return Section 239(1)(a) of the Income Tax Act
        • Collusion to circumvent contribution limits and concealing the source of a contribution, Section 405.2(1) and Section 405.2(2) respectively of the Canada Election Act

At this stage I propose that this matter be referred to the Director of Public Prosecution (DPP) and the RCMP Commercial Crimes Unit for further investigation and other law enforcement authorities, as appropriate. 

According to his mandate, The DPP is responsible for providing prosecutorial advice to law enforcement agencies on investigations that may lead to prosecution under federal laws and for prosecuting criminal offences under federal jurisdiction. It is with this mandate that I believe inclusion of the DPP is appropriate to ensure that all law enforcement agencies are directed accordingly in their investigations.

In the wake of the Sponsorship Scandal, the office of the Director of Public Prosecution was established to oversee these types of prosecutions and ensure freedom from possible or apparent political interference.

Given the evidence already made public and the possible involvement of the Parliamentary Secretary to the Prime Minister, it is not only within your mandate to refer this issue to the independent office of the DPP, I believe it is your responsibility to do so.

These are seriously allegations involving a senior member of your government and I trust you will ensure that the investigation, and the laying of charges if appropriate, are done free of any possible conflict of interest.

These allegations must be investigated not just for the sake of the public interest, but to maintain the integrity of the democratic process. Above all else, the criminal justice system must prevail - if crimes were committed the perpetrators must be held to account.

Regards,

Charlie Angus, MP
Timmins-James Bay

[i] Dean Del Mastro donors produce cheque copies that support reimbursement allegations, Ottawa Citizen, June 27, 2012

[ii] Del Mastro donors offer to speak to Election Canada if given immunity, Ottawa Citizen, June 28, 2012


Previously: Pack your bags, Dean Del Mastro! You may be coming back to the Hill for a mid-summer Ethics meeting!

That is, if lone Liberal MP Scott Andrews can convince at least three of his fellow committee members to sign onto his request that the chair convene a meeting to consider his motion to investigate the alleged electoral spending-related irregularities swirling around Peterborough MP and prime ministerial parliamentary secretary Dean Del Mastro. 

According to his press release, Andrews wants to give his embattled Commons colleague "the opportunity ... to respond to these very serious allegations .. with full Parliamentary immunity." 

That is, the release goes on to note, "a process that he has been asking for," and as such, "we hope that he will put his money where his mouth is, agree to appear and provide the documents that he claims will exonerate him."

Under the Standing Orders, it takes four signatures to trigger the committee recall process. 

In his release, Andrews notes that the NDP "claim to recognize" the seriousness of the allegations against Del Mastro, and have called on the RCMP to investigate the matter. 

"Given the gravity of this situation we trust that the NDP will submit similar letters to the committee and finally support our endeavour to allow Parliament to probe these disturbing allegations."

Over to you, Official Opposition! 

Here's the full text of the letter to the clerk: 

July 5, 2012
 
Mr. Chad Marriage 
Clerk of the Standing Committee on Access to Information, Privacy and Ethics 
Sixth Floor, 131 Queen Street
House of Commons
Ottawa, Ontario 
K1A 0A6
 
Dear Mr. Marriage:
 
Pursuant to Standing Order 106(4), I the undersigned request that the Chair of the Standing Committee on Access to Information, Privacy and Ethics convene a meeting in order to commence a study, pursuant to its mandate under Standing Order 108(3)(h)(vi) for the purpose of proposing initiatives which relate to ethical standards relating to public office holders, and that the study focus particularly on the recent revelations concerning the ethical behaviour of one of the most senior public office holders in the Canadian government; namely the allegations that Dean Del Mastro, M.P., Parliamentary Secretary to the Prime Minister  was involved in false and misleading filings with Elections Canada in relation to his candidacy in the 2008 election; and allegations that he or someone acting on his behalf may have been involved in the fabrication of false documents for the purpose of making false and misleading filings with Elections Canada; with a view to considering whether such behaviour, regardless of the truth of the allegations against Dean Del Mastro, M.P., Parliamentary Secretary to the Prime Minister, ought to come within the scope of the regime for regulating ethical standards relating to public office holders.




Tags: blackberry jungle, dean del mastro, ethics committee, mid-summer 106(4) madness, scott andrews