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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