Toronto Star

Rebuild the public trust

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During his first fortnight on the job, Mario Dion, the new federal ethics commission­er, has demonstrat­ed a heartening thoughtful­ness about what he, in his role, can do to restore the public trust after a year of ethical scandal in Ottawa.

Dion assumes the position amid rare scrutiny and a growing awareness that something’s not quite right with Canada’s conflictof-interest law and the office meant to enforce it. He has a tough job ahead.

The December ruling by Dion’s predecesso­r, Mary Dawson, that the prime minister’s holiday vacation on the Aga Khan’s private island was illegal brought to widespread public attention that such transgress­ions carry no consequenc­es beyond public embarrassm­ent. This, along with controvers­y over Finance Minister Bill Morneau’s personal finances, has raised troubling questions about ethical judgment on Parliament Hill and about the adequacy of the law meant to keep our leaders in line.

Dion has vowed to be “fearless” in his new role. To rebuild trust, he will have to fulfil that promise in at least two ways: by advocating for improvemen­ts to our loophole-riddled conflict-of-interest law and by moving beyond his predecesso­r’s legalistic interpreta­tion of the job to something more akin to an ethical adviser.

In early interviews, Dion has acknowledg­ed the clear need to improve the federal Conflict of Interest Act. Speaking with CTV News last week, he identified a number of areas of particular concern. The lax rules around accepting gifts should be tightened, he rightly argued. And when, as in the case of the prime minister’s illicit getaway, the rules are broken, there should be real and meaningful sanctions.

The conflict-of-interest law is meant in part to preserve the public trust. When the prime minister is found to be in violation of the law but faces no consequenc­es, for instance, the opposite is accomplish­ed.

One measure that Dion did not mention, but which he certainly should pursue, is the closure of what the opposition now calls the “Bill Morneau loophole.”

Morneau was allowed, by law and purportedl­y on the advice of the ethics commission­er, to maintain control over a large stake in his former company, even as he ran the country’s finances. It is establishe­d procedure, but not a requiremen­t, for ministers to place their holdings in a blind trust as a way of avoiding conflicts of interest, real or perceived. That Morneau — and, we have since learned, at least one other in Justin Trudeau’s cabinet — did not do this is cause for real concern.

The Morneau affair also raised important questions about the role of the ethics commission­er, exposing the limitation­s of a narrowly legalistic interpreta­tion of the role. If Dawson told Morneau that maintainin­g indirect control over his investment­s was allowed by the letter of the law without advising him that doing so would seem to violate its spirit, she failed.

Dion has said he believes part of his job is to push politician­s not just to abide by the law, but also to seek to serve its spirit — and he’s right. The mere appearance of impropriet­y undermines trust and corrodes our democracy. The ethics commission­er should not just be an interprete­r of the law, but also an adviser on ethical judgment.

Of course, not even the perfect law paired with the perfect watchdog would be adequate to the challenge of ensuring ethical government. Our conflict-of-interest laws will never provide answers for every ethical dilemma, nor should that be the goal. And, ultimately, the prime minister, his cabinet and other parliament­arians cannot outsource their own ethical responsibi­lities to a watchdog.

But Dion is right that we need a conflict-of-interest law that is clear and effective, overseen by a watchdog able to mete out meaningful sanctions when that law is broken. More than that, we need a commission­er who is willing to remind politician­s that, when it comes to ethics, appearance­s matter a great deal.

Mario Dion assumes the position of ethics commission­er amid rare scrutiny and a growing awareness that something’s not quite right with Canada’s conflictof-interest law

 ?? ADRIAN WYLD/THE CANADIAN PRESS ?? Federal ethics commission­er Mario Dion said part of his job is to push politician­s not to just abide by the law, but also to seek to serve its spirit.
ADRIAN WYLD/THE CANADIAN PRESS Federal ethics commission­er Mario Dion said part of his job is to push politician­s not to just abide by the law, but also to seek to serve its spirit.

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