Federal government has gone more than half a year without an ethics commissioner in place

Nationalpost.com
Aug. 16, 2023

The federal government has remained without a conflict-of-interest and ethics watchdog for more than six months _ a vacancy that the most recent commissioner says is putting investigations on hold and could allow violations to go unnoticed.

Mario Dion retired in February after serving as the last permanent conflict-of-interest and ethics commissioner.

A longtime staffer in that office, Martine Richard, took on an interim role in April. But she resigned within weeks amid controversy around the fact she is the sister-in-law of Intergovernmental Affairs Minister Dominic LeBlanc.

Investigations that would normally be conducted by a commissioner are on pause until a permanent replacement is found.

Dion said the role serves as a good safeguard to detect corruption, and Canadians should care that the instruments it has are being used.

“It’s a little bit like judicial appointments. If you don’t appoint judges, it will be hard to deliver justice,” Dion said in an interview.

“So it means that things can go essentially unpunished and unnoticed for a period of time until a new person has been appointed.”

A view of a courtroom at Toronto's University Avenue provincial courthouse, in Toronto, Ontario.
Canada's judicial watchdog to probe apparent political donations by judges

Senator’s pro-Freedom Convoy rant breached ethics code and apology not enough, watchdog says

This is the longest period of time Canada has gone without a commissioner since the current version of the watchdog role was created in 2007, following the passage of the Conflict of Interest Act.

Dion, who told The Canadian Press he is currently helping with the hiring process, said it’s not surprising that a candidate hasn’t been chosen yet.

The field is narrow and few people would qualify for the job, or even want it, he said.

Under the Parliament of Canada Act, the commissioner must be a former judge, a former Senate ethics officer, a former ethics commissioner or a former member of a federal or provincial board, commission or tribunal who has relevant experience.

Dion noted that provincial and territorial jurisdictions all have ethics watchdogs in place: “The federal level is the only level at this point in time who doesn’t have any ethics commissioner.”

The absence of a commissioner can create a backlog of investigations, and the more time passes, the more difficult it can be to compile evidence related to a complaint, he suggested.

“So (investigations) are not dead. It’s not disappeared. But it’s not being taken care of when it should be,” Dion said.

The Office of the Conflict of Interest and Ethics Commissioner wouldn’t say if any investigations are currently on hold.

It added in a statement that all investigations are conducted in private until a report is completed, in accordance with the law.

The Privy Council Office, which is tasked with the process to appoint a commissioner, didn’t respond to a request for comment.

Dion said several candidates have contacted him to find out more about the position, and he is extending all the assistance he can so that the position can be filled as soon as possible.