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Set out below is a letter-to-the-editor by Democracy Watch Board member Duff Conacher which was published in the Hill Times on February 20, 2012, and on Rabble.ca on February 21, 2012
So an outfit called the Board of Internal Economy, made up of politicians, has just held a behind-closed-doors, unrecorded hearing and will now judge and issue a secret ruling on whether a politician from another political party (former Bloc Québecois party leader Gilles Duceppe) violated vague, contradictory spending rules -- rules created by politicians who also interpret and enforce them. Oh, and I almost forgot, the ruling
cannot be appealed in court. This must either be a sick-joke
excerpt from an Orwellian, Kafkaesque novel, a news
story from China or North Korea, or a farce. In any case,
it is the story of a kangaroo court that violates every
principle of good governance and justice. Unfortunately, in our supposed
democracy, this is how Canada's House of Commons has
always enforced key good government rules. If Canada was actually a democracy,
these rules would have been made clearer and stronger
and stricter, and enforcement turned over to an
independent tribunal or court, decades ago. The federal Auditor General position
was created in 1878 and has been independent for
decades, as has the Chief Electoral Officer. In the past
decade, the new independent positions of federal
Integrity Commissioner, Ethics Commissioner and Lobbying While the Auditor General could have
helped clear up the Gilles Duceppe situation years ago
by conducting
an audit of all spending by MPs, the law still needs to
be changed to give the AG clear enforcement power over
spending rules. Many other long overdue changes to
good government laws and enforcement agencies are also
needed to clean up federal politics. The laws the good government
watchdogs all enforce must be strengthened
by closing loopholes, and by giving them all the power,
and requiring them, to penalize violators of good
government rules. Because of loopholes, it is legal:
to lie
to voters; to keep the details of spending secret; to
lobby the federal government in secret; for Cabinet
ministers and senior government staff and officials to
take part in decisions in which they have a secret
financial interest, and to lobby the federal government
the day after they leave their job, and; for anyone to
give a secret, unlimited donation or gift to a
nomination race or party leadership candidate. These and
other huge loopholes in key laws must be closed. All good government watchdog agencies
must be required to rule publicly on every complaint
within a reasonable time period. Currently all
of the watchdogs are allowed to issue secret rulings,
the Ethics
Commissioner is not required to rule on complaints
from voters, and the Lobbying Commissioner can dismiss
complaints for unjustifiable reasons (and has not
ruled on more than 55 complaints, 29 of which date
back to 2007). Good government watchdogs must also
be required to issue reports publicly and regularly on
the number of complaints received, the nature of each
complaint, how and when investigated, and date of each
ruling. Elections Canada is currently keeping
secret the nature of, investigation of, and
rulings on more than 2,280 complaints it has received
since 2004. This
negligent secrecy makes it impossible for anyone to
determine whether Elections Canada is enforcing the
election law fairly and properly, or at all. In addition, given that they are
enforcing good government rules that every member of the
public has an interest in, anyone must be allowed to
challenge their rulings in court. House of Commons committees are
reviewing the lobbying
law, ethics law and whistleblower protection law
through the spring, and serious questions are being
considered also about spending rules, and the election
law and access to information law. One can only hope that these reviews
will result in recommendations to make the many changes
needed to close loopholes, and strengthen enforcement,
of these key laws. The Conservatives introduced and passed a law they called the Federal Accountability Act in 2006 that they claimed cleaned up federal politics (but they misled voters and broke more than half of their promises). The past five years of scandals have made it clear that another, stronger Real Federal Accountability Act is still needed to actually clean up federal politics. P.S. See set out below quoted sections from Auditor General Act. ********** Auditor General Act (R.S., 1985, c. A-17) POWERS AND DUTIES Examination 5. The Auditor General is the auditor of the accounts of Canada, including those relating to the Consolidated Revenue Fund and as such shall make such examinations and inquiries as he considers necessary to enable him to report as required by this Act. 1976-77, c. 34, s. 5. ACCESS TO INFORMATION Access to information 13. (1) Except as provided by any other Act of Parliament that expressly refers to this subsection, the Auditor General is entitled to free access at all convenient times to information that relates to the fulfilment of his or her responsibilities and he or she is also entitled to require and receive from members of the federal public administration any information, reports and explanations that he or she considers necessary for that purpose. Inquiries (4) The Auditor General may examine any person on oath on any matter pertaining to any account subject to audit by him and for the purposes of any such examination the Auditor General may exercise all the powers of a commissioner under Part I of the Inquiries Act. R.S., 1985, c. A-17, s. 13; 2003, c. 22, s. 90(E). |