Are cabinet leaks really a new norm?
Cabinet leaks of confidential information have always led to explosive headlines. This week was no exception. The question is whether leaks have become an accepted practice and if so, what are the consequences?
At issue is a criminal charge against the vice-chief of the defence staff, Mark Norman. His lawyer, Marie Henein, has reportedly made 52 requests for government disclosures, including cabinet minutes and PMO communications, which span the breadth of the Harper and Trudeau governments.
Even for Ottawa, the allegations are unusual. Last March, the RCMP, following an investigation ordered by the Liberal government, laid one count of breach of trust against the vice-admiral. He is alleged to have disclosed confidential cabinet information to a Quebec shipbuilding company, which had been awarded a sole-sourced $667 million contract from the Harper government.
Traditionally, cabinet confidences are never to be leaked. A political staffer or elected official would jeopardize their careers if they did so. Why would Norman take this risk?
As with any court battle, two different narratives are emerging.
In November of 2015, Scott Brison had just been sworn in as president of the Treasury Board, the portfolio where the government’s buck literally stops. The responsibility for financial oversight ensures that Treasury Board has final authority over any government contract.
Media reports allege that the minister paused consideration of the contract which is his right and arguably his duty, to verify that all was proper. However, some maintain that pressure was being exerted by competitors of the Quebec shipbuilding company. Eventually, the Liberal government approved the contract and the vessel is now in operation.
The Liberal government ordered an investigation into the leak. In January 2017, the vice-admirals’ home was raided. Following the raid, but 14 months before the actual charge was laid, the chief of defence staff suspended his vice-chief.
The motives and reasoning behind these actions are in the hands of the court as it decides on the relevance of the requested documents. But in the meantime, good governance demands clarity. Can governments expect confidentiality of classified documents to be the norm?
Ironically, both Prime Minister Justin Trudeau and Ontario Premier Doug Ford agree on this matter. Ontario’s cabinet secretary, recently warned deputy ministers that leaks of “breaches of confidence” would be dealt with effectively and investigated.
He further reminded public servants of their oaths of allegiance to maintain the confidentiality of information or documents which may come into their position.
Federal cabinet ministers take a similar oath.
However, a former Conservative minister of defence questions the reality of confidentiality. Commenting to the National Post, Peter MacKay wrote, “I sadly have to say that leaking had become very much — as counterintuitive as it sounds — the norm within many government departments, including DND.”
Other governments, too, notice a disconnect between reality and expectation.
President Trump, for example, routinely tweets his outrage with leaks to authors and columnists from within his White House.
Clearly, the traditional need for confidentiality is confronting the modern era of transparency.
Canada currently co-chairs the Open Government Partnership, whose aim is to make government more accessible. For example, ministerial mandate letters, which were always secret, are now visible on the government website. In addition, global consortiums of investigative journalists have published troves of documents from whistleblowers exposing corruption.
But transparency must not come at the cost of trust — otherwise the integrity of our parliamentary democracy will be undermined.
In order to govern wisely and honestly, cabinet ministers need to trust each other, as well as their respective public servants.
Contentious issues must be debated thoroughly and freely without fear of recordings or leaks. The principle of cabinet solidarity depends on it.
That being said, our judicial system demands that everyone is entitled to a fair trial, including those who are alleged to have leaked government secrets.
The scales of justice will require skilful balance in the months ahead.