Saturday 5 January 2019

Case against stricter MLA conflict law doesn't wash, says just-retired commissioner

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From: Premier of Ontario | Premier ministre de l’Ontario <Premier@ontario.ca>
Date: Sat, 5 Jan 2019 15:20:13 +0000
Subject: Automatic reply: Methinks there are many lawyers and other
political animals reading this comment section today but none of them
will ever admit it N'esy Pas?
To: David Amos <motomaniac333@gmail.com>

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---------- Original message ----------
From: David Amos <motomaniac333@gmail.com>
Date: Sat, 5 Jan 2019 11:20:08 -0400
Subject: Methinks there are many lawyers and other political animals reading this
comment section today but none of them will ever admit itN'esy Pas?
To: david.raymond.amos333@gmail.com, news@kingscorecord.com,
Catherine.Tait@cbc.ca, Alex.Johnston@cbc.ca, sylvie.gadoury@radio-canada.ca, darrow.macintyre@cbc.ca, pablo.rodriguez@parl.gc.ca, PABMINMAILG@cra-arc.gc.ca



https://twitter.com/DavidRayAmos/with_replies




Replying to and 49 others
Methinks there are many lawyers and other political animals reading this comment section today but none of them will ever admit it N'esy Pas?


https://davidraymondamos3.blogspot.com/2019/01/case-against-stricter-mla-conflict-law.html


 #nbpoli #cdnpoli

https://www.cbc.ca/news/canada/new-brunswick/integrity-commissioner-retired-disappointed-1.4966341



Case against stricter MLA conflict law doesn't wash, says just-retired commissioner





26 Comments
Commenting is now closed for this story.

  
  

 David R. Amos
David R. Amos
Methinks there are many lawyers and other political animals reading this comment section today but none of them will ever admit it N'esy Pas?



Marguerite Deschamps
Marguerite Deschamps
@David R. Amos, so says the one who thinks he's the reincarnation of J. J. Robinette.

David R. Amos
David R. Amos
@Marguerite Deschamps Never heard of him but methinks even you must realize I can use Google as well as you Trust that the last person I would wish to emulate would be a lawyer Everybody knows how much I love to sue such dudes N'esy Pas?

David R. Amos
David R. Amos
@Marguerite Deschamps Methinks you were quite busy over here earlier today N'esy Pas?

https://www.cbc.ca/news/canada/new-brunswick/kevin-vickers-new-brunswick-1.4965974

These were my favourite comments

David Allan "@Emilien Forest What are you going to do? Vote for David Amos?"

Clarence Slydell "@David Allan He'd get my vote if he ran in my riding."







 David R. Amos
David R. Amos
Alexandre Deschênes Q.C. knows that in 2004 I proved to Her Majesty the Queen in Right of the Province of New Brunswick as represented by the Office of the Executive Council and the Judicial Council that his buddies were not ethical so why pretend now that he retired?








 David R. Amos 
David R. Amos
Methinks the SANB champion Chucky Leblanc and the lawyers Chucky Murrray and Alexandre Deschênes should Google their names and mine then review their files going back to 2004 and most importantly check my work in Federal Court ASAP N'esy Pas?

Friday, 4 January 2019

New Brunswick Ombudsman Charles Murray sits down with Blogger!!!!

https://youtu.be/bstK6r_ZoZU

Trust that everybody knows that my friend Roger Richard ran as an Independent against the Green MLA and former SANB President Kevin Arseneau who was also barred from legislative properties years ago

https://ici.radio-canada.ca/nouvelle/812288/acadie-kevin-arseneau-assemblee-legislative-nouveau-brunswick

May 23, 2017

David Amos Federal Court Date is today at 2:00pm at the Federal Building!!

https://www.youtube.com/watch?v=BU3kcK6RdL8








Roy Kirk 
Roger Richard
It is disheartening to see people speak-up only when they are finished and cannot correct things anymore. These are the recent words of Mr. Charlie Reese when he was talking of politicians: «  They, and they alone, should be held accountable by the people who are their bosses. Provided the voters have the gumption to manage their own employees... We should vote all of them out of office and clean up their mess!
Charlie Reese is a former columnist of the Orlando Sentinel Newspaper. 


David R. Amos
David R. Amos
@Roger Richard Methinks folks in Kent County should thank you for having the gumption to run against all the political parties as an Independent and speaking your mind in very ethical fashion I for one know it was a very unusual thing for a very quiet man to do Kinda like your comment I am responding to N'esy Pas?







 Roy Kirk 
Doug Leblanc
It is interesting that Brian Gallant did not think that Boudreau had a conflict whatsoever, but hung his other buddy Arsenault out to dry on a far less potential conflict of interest. Friends over ethics. I wonder how the new integrity commissioner will rule on the gallant appointing his merry band of friends to the well paid francophonie games committee.


Shawn McShane
Shawn McShane
@Doug Leblanc Once upon a time Arsenault spoke out against Katherine d'Entremont mandate that all senior bureaucrats had to be bilingual.

Marguerite Deschamps
Marguerite Deschamps
@Shawn McShane, toi, tu charries pas mal.

David R. Amos
David R. Amos
@Doug Leblanc Methinks I should lay odds that the lawyer Chucky Murray will play dumb just like he did when I was conferring with his old boss Elsie Wayne before I ran in the election of the 38th Parliament will being illegally barred from the legislative properties of NB by his conservative lawyer buddies Bernie Lord and Brad Green for the benefit of Blaine Higgs pals Rob Moore and Steve Harper N'esy Pas?





 



 Roy Kirk 
eddy watts
Irving (I mean politicians) don't want tighter conflict-of-interest rules.......jeeez I wonder what that's about???


David R. Amos
David R. Amos
@eddy watts Methinks it ain't rocket science N'esy Pas?










 Roy Kirk 
Joseph Vacher
or more recently, the Francophone Games.....


Marguerite Deschamps
Marguerite Deschamps
@Joseph Vacher, je vois que tu es fixé sur les jeux de la francophonie!

Shawn McShane
Shawn McShane
@Marguerite Deschamps So should you.

Marguerite Deschamps
Marguerite Deschamps
@Shawn McShane, pourquoi le serais-je?

Marguerite Deschamps
Marguerite Deschamps
@Joseph Vachier, tu es un crosseur.

David R. Amos
David R. Amos
@Shawn McShane YUP








 Roy Kirk 
Shawn McShane
Both Progressive Conservatives and Liberals rejected Deschênes proposal in the last year.

Here is a novel idea...why don't NBers reject both the Progressive Conservatives and Liberals next election? What are you waiting for?


Marguerite Deschamps
Marguerite Deschamps
@Shawn McShane, le parti vert serait la seule option.

David R. Amos
David R. Amos
@Marguerite Deschamps NOPE







 Roy Kirk 
Roy Kirk
Acting ethically is too difficult for nb politicians, so we need to write rules to suit them, rather than the public interest!?! :-(


David R. Amos
David R. Amos
@Roy Kirk Or sue them







Roy Kirk
Marc LeBlanc
With strict COI rules political parties wouldn't be able to dish out patronage that enriches their party's coffers.No wonder their against it.Let's face it they're both the same



Case against stricter MLA conflict law doesn't wash, says just-retired commissioner

Alexandre Deschênes calls for ban against 'perceived' or 'apparent' conflicts of interest


Alexandre Deschênes, New Brunswick's first integrity commissioner, retired Dec. 31. (CBC)


New Brunswick's first-ever integrity commissioner says he still believes the conflict of interest law for MLAs needs to be toughened — despite both Progressive Conservatives and Liberals rejecting his proposal in the last year.

Alexandre Deschênes officially retired from the watchdog position Dec. 31. In an interview with CBC News, he said he's disappointed no government has acted on his recommendation to ban "apparent" or "perceived" conflicts of interest.

Then-premier Brian Gallant rejected the idea, saying it would impede politicians from doing their jobs, while Progressive Conservative MLA Bruce Fitch said the ban would be complicated because of "the semantics of what exactly does that mean."

"These types of arguments to me are not very convincing," Deschênes said Friday.

"There are several provinces who have the 'apparent' or 'perceived' conflict of interest in force now and the governments have been functioning rather well."

Gallant said in December 2017 that banning perceived conflicts would mean a minister or MLA with a slight personal connection to an issue "would potentially not be able to vote, not be able to debate, not be able to discuss, not be able to introduce legislation, not be able to do their work as a minister."

At the time, the opposition PCs wouldn't commit to the change if they formed government.

But government spokesperson Tyler Campbell said Friday the new Higgs government "will explore the issue of perceived conflict of interest as part of its already stated commitment to strengthening conflict of interest rules."

Two previous conflict of interest commissioners have also proposed the change over the years, but to no avail.

A conflict of interest occurs when an elected official's other interests or connections affect his or her decision-making in office.

Two recent perception cases


Deschênes first raised the idea after looking into then-health minister Victor Boudreau's interest in a proposed Parlee Beach campground at the same time public health officials were dealing with fecal contamination at the beach.

Deschênes said in a letter to Boudreau that "one could argue" his investment did not technically put him in a conflict of interest but also said the perception of a conflict was "inevitable." Boudreau recused himself from handling the contamination issue.


The issue of perceived conflicts of interests was raised after then-health minister Victor Boudreau was found to have interest in a proposed Parlee Beach campground when public health officials were dealing with fecal contamination at the beach. (CBC)

Later that year, Gallant demanded MLA Donald Arseneault either quit a new lobbying job in Ottawa or be ejected from the Liberal caucus, citing "a perceived conflict of interest." Arseneault ended up resigning from the legislature.

Deschênes said that makes it obvious that the law should be changed.

"We have seen over the last couple years that leaders of political parties or governments do not want MLAs to continue on in a perceived or apparent conflict of interest. They sometimes hand out pretty severe consequences … so I don't see what the problem is."

As commissioner, Deschênes met with MLAs once a year so they could declare any conflicts. He said 80 per cent of the cases raised by elected members were not clear-cut but did create a potential perception of conflict.

"They would always abide by my recommendations that they get out of it," he said.

'Magnitude' of work too great


Deschênes, 73, retired as a justice of the New Brunswick Court of Appeal in 2015 and was appointed conflict of interest commissioner the following year.

At the time, the position was part-time. But in 2017 the Liberals broadened the role. Renaming it integrity commissioner, they added watchdog responsibility for the Right to Information and Protection of Privacy Act and the registry of lobbyists.

That amounted to a full-time workload, including a "voluminous" number of right-to-information complaints, Deschênes said.

"I came to the conclusion that the magnitude of the mandate was such that I did not think it was proper to continue," he said. "I did not feel I could live up to the expectations of citizens of this province."

The province has appointed Ombud Charles Murray to fill the position temporarily.

Campbell said Murray can only be interim commissioner for a year, and the province will launch an independent process to find a full-time replacement.

Job should be split, Deschênes says


As the first person to have held the position of integrity commissioner, Deschênes said he believes the workload justifies splitting up the functions again, with right-to-information and privacy complaints being handled by a separate commissioner.

That would leave the integrity commissioner to handle MLA conflicts of interest, the lobbyist registry and a new issue — conflict of interest cases for deputy ministers and other senior government officials.


The province has appointed Ombud Charles Murray to temporarily fill the position of integrity commissioner. (CBC)

The conflict law for those non-elected officials is now overseen by a sitting judge designated by the province, an arrangement Deschênes said "has to be abandoned for many reasons."

He points out that judges who have been designated to oversee the law have complained that there is no list of who it covers nor anything in the legislation outlining what action to take against someone found to be in a conflict.

He also believes it's awkward for the independence of the courts if a sitting judge is overseeing the behaviour of civil servants.

"Any potential changes to the role of the integrity commissioner would be considered as work proceeds on the government's stated commitment to strengthen conflict of interest rules," Campbell said.

Calls for changes to information law


Deschênes also used his retirement to call for changes to the right-to-information law to streamline how the courts hear appeals under the act. People whose requests for documents are rejected by the province have the right to appeal to the Court of Queen's Bench.

"The appeal is supposed to be a user-friendly type of process, where citizens from the province can simply file an appeal and argue that the recommendations of the commissioner ought to be followed," he said.

But Deschênes said some judges treat the appeals like full trials, allowing the province to introduce new evidence and new arguments. That can make the appeal a legal challenge for an ordinary citizen, he said.

The law should be changed to prevent the government from adding new arguments to its case, he said.

About the Author

 


Jacques Poitras
Provincial Affairs reporter
Jacques Poitras has been CBC's provincial affairs reporter in New Brunswick since 2000. Raised in Moncton, he also produces the CBC political podcast Spin Reduxit. 


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