Ethics commissioner lacks power to sanction McIver, defence argues

Alberta’s ethics commissioner overstepped her powers when she found then-Progressive Conservative House Leader Ric McIver guilty of a breach, his lawyer argued Friday.

Brendan Miller said Justice Janice Ashcroft should rule commissioner Marguerite Trussler didn’t have the authority to sanction McIver when she found he tried to influence the government by comments in question period.

Miller argued Trussler’s power to rule an ethics breach by a member of the legislature only applies to cases where MLAs don’t recuse themselves from votes where they have a conflict of interest.

“That isn’t the case in question period,” the lawyer said, adding it was an issue of “parliamentary privilege of free speech.”

“The ethics commissioner essentially went too far in her jurisdiction in this matter,” he said.

A lawyer representing Trussler’s office argued Ashcroft didn’t have the authority to judicially review the decision, saying it was a matter of parliamentary privilege.

But Miller argued where the ethics commissioner exceeds her jurisdiction, she can’t use that privilege “as a sword.”

“The ethics commissioner does not have the power to go in and police question period,” he said.

McIver was sanctioned after participating in question period on a cap on electricity prices in November 2016, when his wife owns a small power retailer.

McIver complained that the cap would “limit investment and ... competition” and “make Alberta the worst place in Canada to generate power.”

McIver asked Premier Rachel Notley, “Are you doing everything in your power to run these companies, many of which are owned by taxpayers, out of business?”

The ethics commissioner found him guilty of an unintentional breach and recommended he pay a $500 fine and be made to apologize.

McIver did pay the money and apologized last April, but at the same time, used the opportunity to take a swipe at the NDP government.

McIver pointed to the spouses of Notley, who is an official with the Canadian Union of Public Employees, and Justice Minister Kathleen Ganley, whose husband is a Calgary police officer.

The Calgary-Hays MLA also argued his apology should have been delayed until after his court case, but the NDP voted against it.

Ashcroft reserved her decision on the case and will hand down a ruling at an unspecified date.

LARRY WONG Ric McIver paid a $500 fine over remarks he made in the legislature on electricity pricing in Alberta. His wife runs a small power retailer.