National Post (National Edition)

ON DEFENSIVE OVER TRIP TO BILLIONAIR­E’S ISLAND: IT WAS A FAMILY HOLIDAY.

- DAVID AKIN National Post

‘ABSOLUTELY VERBOTEN’: LAWYER

PETERBOROU­GH, ONT. • In the wake of accusation­s he broke federal law when he flew on a private helicopter during a recent holiday, Prime Minister Justin Trudeau declined Friday to offer a justificat­ion for that decision.

Trudeau and his family spent several days over the New Year as the guest of the Aga Khan, a billionair­e philanthro­pist and spiritual leader of the world’s 15 million Ismaili Muslims, at the Aga Khan’s private island in the Bahamas.

“I’ve said a number of times this was a — our family — personal family vacation. And any questions that the ethics commission­er has and that Canadians have, we’re happy to engage with,” Trudeau said.

But the Aga Khan’s island, Bell Island, is 115 kilometres away from Nassau. A Canadian air force executive jet took the Trudeaus from Ottawa to Nassau.

On Thursday, Trudeau confirmed for the first time that it was the Aga Khan’s private helicopter that took his family to Bell Island and back.

The federal Conflict of Interest Act prohibits ministers from using private aircraft without prior permission from Parliament’s conflict of interest commission­er. Trudeau did not seek prior permission.

The act also allows for use of a private aircraft by a minister in exceptiona­l circumstan­ces, such as an emergency, or during the performanc­e of a minister’s normal duties.

NDP MP Thomas Mulcair and some experts consulted by the Post about this aspect of the Conflict of Interest Act believe it’s an open-and-shut case that Trudeau broke the law.

“Absolutely verboten,” said Howard Anglin, a lawyer who played a senior role advising former prime minister Stephen Harper on conflict-of-interest compliance. “Those are black-and-white rules.”

The Conflict of Interest and Ethics Commission­er, Mary Dawson, has begun a preliminar­y review of the file. The maximum sanction Dawson could levy, if she believes Trudeau violated the Act, is $500.

But Dawson’s finding of such a violation would be priceless for Trudeau’s political opponents, particular­ly for a government that is already trying to get out from under the so-called “cash-for-access” fundraisin­g issue raised before Christmas.

Trudeau, who does not believe the use of the aircraft is an issue, did not specify which provision under the act he would rely on to support that conclusion.

“Maintainin­g Canadians trust in the job I do and the responsibi­lities I shoulder is very important to me,” Trudeau said, speaking French.

Two MPs, both Conservati­ves, have filed formal complaints with Dawson’s office about the trip.

The Aga Khan Foundation has been the beneficiar­y of tens of millions of dollars in government contributi­ons to internatio­nal aid projects.

The complaints question whether it is OK for the prime minister to accept the hospitalit­y of someone whose foundation receives funds from the Canadian government.

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