May is concerned that Mr. Harper’s actions have furthered “Peter Penashue’s private career interest in being re-elected in a way that violates the Conflict of Interest Act.”

“I have written to Ms. Dawson because there are too many questions surrounding the calling of the by-election. Why, for example, did Mr. Harper allow Mr. Penashue to make a $1.35 million spending announcement in his riding just four days before Mr. Penashue resigned his seat? Did Mr. Harper know Mr. Penashue would soon run again as a candidate?” asked Green Leader Elizabeth May, Member of Parliament for Saanich-Gulf Islands.

May also wants to know if, by calling the by-election before prosecutors had decided whether to charge Mr. Penashue or others involved in his 2011 election campaign for violations of the Canada Elections Act, Mr. Harper was “essentially furthering Mr. Penashue’s private interests by not allowing voters in the riding to know whether independent investigators at Elections Canada and prosecutors have concluded that there is enough clear evidence of violations to prosecute.”

The federal Conflict of Interest Act prohibits public office holders like the Prime Minister from exercising “an official power, duty or function that provides an opportunity to further his or her private interests or those of his or her relatives or friends or to improperly further another person’s private interests” (Sections 4 and 6).

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During Monday’s meeting, members heard testimony from two witnesses, Adam Dodek, law professor at the University of Ottawa, who was followed by Mary Dawson, current Conflict of Interest and Ethics Commissioner. Mr. Dodek’s testimony focused on incorporating certain key aspects of the Guide for Ministers and Ministers of State into the Conflict of Interest Act. He also recommended that the Commissioner’s powers of condemnation be expanded to allow her to make public breaches of the Act, including those under its reporting provisions. Ms. Dawson spoke to the Committee for the second time in recent weeks and was able to clarify several points of confusion, including issues surrounding fundraising, gift giving and post-employment obligations. Both witnesses spoke to the importance of creating an ‘ethical infrastructure’ through education and outreach.

The meeting on March 20^th was held in camera. According to the minutes, the committee resumed its study of privacy and social media. Among other things, it was agreed that the committee adopt a draft report to be entitled, “Privacy and Social Media in the Age of Big Data” and that the committee undertake a study in relation the Information Commissioner of Canada’s 2010-2011 and 2011-2012 Annual Reports. The committee also agreed to invite the Office of the Information Commissioner, the Office of the Privacy Commissioner, the Office of the Conflict of Interest and Ethics Commissioner and the Office of the Commissioner of Lobbying to appear before the Committee, no later than May 31, 2013, to discuss the Main Estimates 2013-14.

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“I have reviewed research by Democracy Watch that raises serious questions about whether a breach of ethics rules has occurred regarding meetings between Rahim Jaffer and various representatives of the Conservative government on behalf of various companies in 2009 and 2010,” said May. “The research suggests that the representatives of the Conservative government gave preferential treatment to certain companies and people represented by Mr. Jaffer. This needs to be investigated fully.”

Democracy Watch’s research is available online at: http://www.dwatch.ca/camp/jaffer-documents.pdf.

May’s letter states:  “To have any effect at all on ethical standards in government decision-making processes, which is the purpose of the Act, giving someone an advantage must be interpreted to include making any decision that gives them an advantage, including decisions to communicate with them more directly and with more priority than one communicates with anyone else in a similar position, and granting or arranging meetings with them with more priority than one meets with anyone else in a similar position.”

Jaffer is a former Conservative Member of Parliament, who represented Edmonton-Strathcona until 2008 when he lost the seat to New Democrat Linda Duncan.  He has been the subject of repeated controversies, including a fake radio interview where it was revealed that an aide was impersonating him and special treatment after being charged with drunk driving and possession of cocaine.

“It is evident that Mr. Jaffer was allowed to use government and parliamentary resources and office space for his business activities, which is a breach of ethics,” said May.

Democracy Watch’s opinion is that there is clear evidence that gives rise to a reasonable belief that David Pierce, Doug Maley, Brian Jean, Sébastian Togneri, and Helena Guergis provided preferential treatment to people and organizations represented by Rahim Jaffer because these people and organizations were represented by Mr. Jaffer.

“Democracy Watch prepared exhaustive research pointing out multiple breaches of the Conflict of Interest Act by Conservative government representatives and sent it to the Ethics Commissioner in May, 2010, and these breaches should finally be fully investigated by the Ethics Commissioner,” said May. “I am submitting this complaint in part as an attempt to expose and rein in a majority government that seems determined to ignore the established laws, rules, and traditions of our democracy.  The list of scandals is too long to tolerate.”

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Elizabeth May is reviving an old conflict-of-interest complaint against former Conservative MP Rahim Jaffer, calling for an investigation into whether business meetings he arranged with several Conservative government representatives – as with Industry Minister Christian Paradis – violated the ethics code.

May submitted a detailed and direct letter to Ethics Commissioner Mary Dawson on Monday, naming MPs and staffers David Pierce, Doug Maley, Brian Jean, Sébastian Togneri and Helena Guergis as people who provided special treatment to Jaffer because of his former MP status. In it, she reminds Dawson that this issue was brought to her attention by Democracy Watch in May 2010, but was not ruled on.

Unlike Democracy Watch, May is owed a written response because she is a Member of Parliament. The Green Party leader asked for a prompt response this time around because what Democracy Watch found raises “serious questions.”

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