Forgive me for going super parliamentary wonk for a minute, but this Colby Cosh column in the National Post has me a bit inspired. The issue (and I suggest you read the piece first) is about how interim PC leader Ric McIver was fined by the province’s ethics commissioner for asking a question in QP that could be seen to relate to his wife’s business and basically asking the government for things that could benefit said business. It was later pointed out that only the Speaker can censure a member for things they’ve said, and McIver is launching a court challenge to that effect.
As an officer of parliament, can the commissioner punished an MLA when he’s protected by parliamentary privilege? I’m not actually sure that she can because typically such a commissioner’s ambit is the behaviour of a sitting member when it comes to things like accepting gifts, or ensuring that there are no conflicts of interests in dealings, but I have yet to hear a reasonable case why speech in the Chamber would be covered under that. After all, if he’s asking questions that relate to his wife’s business, then it should be the job of the government to point that out in their responses. This is why they have research departments, after all – to fight fire with fire when necessary. Having the premier point out that he seems to be asking for his wife’s benefit would likely embarrass him out of pressing the matter, no? No need for an independent officer of the assembly to step in there.
But I’m also bothered by the fact that this is going to a court challenge, because that’s straying awfully close to that line around interfering in the operations of the legislative branch of government, and parliaments are self-governing. That’s kind of the point – subjecting them to the courts would basically put the Queen back in charge of things, which is not what anyone is after. I’m not sure that a judge should be figuring out the rules of the assembly when it comes to the powers of the commissioner on their behalf. If there is a grey area around what the commissioner’s powers are, it should be up to the assembly – whom the office of the commissioner is a creature of – to make that determination. Anything less is unacceptable when it comes to the supremacy of parliament, which is kind of a big deal, especially when we’re seeing the Auditor General federally trying to over assert his own power in regards to the Senate. We don’t need a bad precedent being set in Alberta that would have terribly ricochet effects elsewhere in our confederation.