Liberals pass Bill 107 despite opposition
QUEBEC Despite the internal crisis rocking Quebec’s anti-corruption unit, the Couillard government says the timing couldn’t be better to beef up its powers.
But the three opposition parties were not buying into the Liberal spin, with Parti Québécois Leader Jean-François Lisée going so far as to say he would be requesting the resignation of current UPAC boss Robert Lafrenière if his party forms a government.
The two sides continued their feud on the subject Wednesday even after the Liberal government used its majority to push Bill 107 — the law transforming L’Unité permanente anti-corruption (UPAC) into a real anti-corruption police force — through the legislature.
The vote was 61 for (all the Liberals present in the house) and 49 against (all the opposition MNAs in the house).
The government argued the bill will clean shop at UPAC, repair its tarnished image and end its identity crisis issues.
“The timing could not be better,” Premier Philippe Couillard told reporters emerging from the vote. “The fundamental item included in this bill is the creation of a review committee nominated by two-thirds of members of the National Assembly, reporting to the assembly at least once a year, probably more.
“This is what is going to address fundamental flaws which may or may not exist in the organization.”
The oversight committee is included in an amendment to the bill, which is being steered into law by Public Security Minister Martin Coiteux.
Responding to the internal management crisis at UPAC and leaks of confidential information, Coiteux announced in June that the government would add a surveillance committee named by twothirds of MNAs in the legislature to oversee UPAC’s operations.
Wednesday, Coiteux indicated the government would move rapidly to set up the committee, which can watch over UPAC without meddling in its investigations.
But while the opposition parties have no issue with making UPAC into a specialized anti-corruption police force as the law does, they continued to hammer away at a clause in the bill that dictates how the commissioner of UPAC is actually chosen.
Bill 107 does not modify the way the commissioner is picked. He or she will continue to be named by the government based on a list drafted by a selection committee and not via a two-thirds vote of MNAs in the legislature as the opposition wants.
The next UPAC commissioner, however, will be named for a single, non-renewable seven-year term as opposed to the current five-year mandate.
On Wednesday, Lisée said if the PQ forms the next government, it will review the new rules. As premier, he will “respectfully” ask Lafrenière to resign so the new government can pick another person to lead the squad.
But Coalition Avenir Québec Leader François Legault later refused to go down that path, questioning Lisée’s judgment in making such a statement and demanding to see what information the PQ has on the commissioner.
“They take a position without having proof (Lafrenière is not the man for the job),” Legault said. “I don’t have this kind of information.”
Couillard ripped Lisée for mixing up the roles of legislators and police. “It’s (Lisée’s plan to fire Lafrenière) a direct political intervention in a police institution, which is very serious,” Couillard added. “This is not good governance.” In a statement, UPAC welcomed the passage of the bill, which in theory solves many of its basic operational problems. While UPAC will still borrow investigators from other forces, they will become part of UPAC’s machine and report to only one boss.
UPAC will no longer have to go cap in hand to other police forces like the Sûreté du Québec to gather data for its investigations.
And UPAC’s range of investigations is greatly expanded. Before Bill 107, it could only investigate public contract corruption. Now it can investigate corruption, influence peddling and breach of trust in the whole public sector — even in connection to a partisan nomination or the administration of a government grant.
The statute of limitations to charge someone with corruption after an infraction is also increased to three years instead of one.
Bill 107 also expands the mandate of the Bureau des enquêtes indépendantes (BEI). Right now, its work is limited to investigating incidents in which police action results in civilian deaths. Now the BEI can investigate allegations of sexual assault by officers as well.