Roundup: The thing about the interim ethics commissioner

Posted on by

The issue with the appointment of Dominic LeBlanc’s sister-in-law as the interim ethics commissioner has been nearly inexplicable, until you actually look at the position itself. The optics are absolutely bad, and a very real problem because of the whole issue around perceived conflicts of interest. The problem, however, is that they may not have had much choice in the matter given how the role is structured legislatively. While LeBlanc had no role in the decision, the PMO told CBC that the Privy Council Office—meaning the non-partisan civil service—is responsible for the decision, which no member of the government has stated to date, and you think they would have, if they could communicate their way out of a wet paper bag.

The legislated criteria for who can be the ethics commissioner is very restrictive—you need to be either a former judge, the formal head of a quasi-judicial administrative tribunal, or the former Senate Ethics Officer. Unspoken qualification is that you would also have to be bilingual, which limits your field even further, particularly for former judges. And while the salary was commensurate of that of a federally-appointed judge, the posting for the new commissioner cuts that by a third to bring it in line with other officers of parliament, which is going to make it all the more unattractive, particularly to former judges who are going to take one look at it and decide that they don’t need the aggravation for the amount of money they’re being offered.

There’s a reason why Mary Dawson’s term needed to be extended two or three times while they looked for a replacement. There’s a reason why they pretty much had no choice but to go with Mario Dion when he applied, because there was nobody else (and Dion was not the best choice on offer). And when Dion resigned the post suddenly (two years early) for health reasons, they were pretty much screwed because they couldn’t extend him until a replacement could be found. The solution was the most senior person in the office—said sister-in-law of Dominic LeBlanc—who has been there for ten years. And there is already an ethics screen in place regarding LeBlanc, to keep her out of any conflicts. It’s likely that PCO’s determination was that this was the best of a bad situation, but it’s not good. The interim commissioner doesn’t qualify to become the permanent commissioner, so this situation is temporary. But ultimately, this is a failing of the legislation, because MPs were trying to play tough when they brought it in, and wound up shooting themselves in the foot over it. And now there is an untenable situation because they boxed themselves in. Good job, guys. Your posturing has really paid off.

Ukraine Dispatch:

Ukrainian forces report that the Russian advance on the outskirts of Bakhmut has been “halted—or nearly halted.” President Volodymyr Zelenskyy marked the one-year anniversary of the liberation of Bucha, and the discovery of the horrors left in the Russians’ wake, making another call for justice for war crimes.

https://twitter.com/ukraine_world/status/1641810694852026369

Good reads:

  • Chrystia Freeland disputes that the drop in foreign aid funding is a cut, citing the ongoing aid to Ukraine and the significance of that fight for democracy.
  • François-Philippe Champagne approved the Rogers-Shaw merger with conditions, and for the Freedom Mobile licence to transfer to Videotron.
  • Jean-Yves Duclos says that the dental care costs are higher than initially anticipated because of the magnitude of need in the country.
  • Briefing documents reveal that Harjit Sajjan didn’t press Qatari officials on labour or LGBTQ+ rights because he was trying to sell them on military LAVs.
  • Bill C-11 has now passed the House of Commons with most of the Senate amendments, and the Senate will likely pass it once they return in two weeks.
  • The bodies of eight migrants have been found at the St. Lawrence crossing in Akwesasne, trying to enter the United States.
  • Australia’s foreign agent registry is being seen as something of a cautionary tale for Canada, because it has proven fairly toothless.
  • At the Commons’ ethics committee, two former intelligence officials think we need to overhaul our security apparatus. (Not everyone is convinced).
  • Liberal MP Parm Bains insists he won his riding over Kenny Chiu fair and square, and not because of Chinese interference.
  • Erin O’Toole will resign his seat at the end of the spring sitting, undoubtedly so that he can spend more time in his basement podcast studio.
  • MP Han Dong has filed his libel notice against Global News and its parent company.
  • Jessica Davis delves into the financial crimes section of the budget and what the various proposals mean for Canada becoming a more serious country.
  • Matt Gurney tries to come up with some context for thinking about the “Canada is broken” stuff, and there are some good points (but a few he overlooks as well).
  • My Xtra column looks at the Canadian political response to Uganda’s recent anti-gay law, and how it’s been decidedly lukewarm.
  • My weekend column points to how the Mass Casualty Commission report should be the final nail in the coffin of the RCMP (if there was enough political courage).

Odds and ends:

Want more Routine Proceedings? Become a patron and get exclusive new content.