‘Profound lapse’ erodes MLA’S ability to do his job
When Conservative MP Steven Fletcher learned he had been dropped from the federal cabinet on Monday, he said jokingly on Twitter, “I wish I left Cabinet in the traditional way — with a sex scandal!”
Then on Tuesday, we had the story of Alberta MLA Mike Allen’s arrest in Minnesota — a reminder that there’s really nothing humorous about a sex scandal, especially one that, in the sobering words of St. Paul authorities, is tied to a police sting aimed at “human trafficking and the promotion of prostitution.”
Allen hasn’t been charged — the matter is still under investigation — and he hasn’t come out and said he is guilty, but he came pretty close in a statement announcing he was resigning from the government caucus.
“I apologize to my family, my friends, my constituents, my colleagues, my staff and to all Albertans for the embarrassment I have caused in failing to live up to the standards expected of me and the standards I expect of myself,” wrote Allen. “I made this mistake as a result of a profound lapse in my personal judgment.”
Upon his arrival back in Alberta on Tuesday, he told CTV News, “I’m here to face the music and that’s up to my constituents.”
Asked point-blank if he will resign his seat, he responded, “I’ll be taking some time to reflect on that.”
Legally, Allen doesn’t have to resign his seat. Even if he were charged by St. Paul police and convicted, he wouldn’t have to quit. The question, therefore, isn’t whether Allen can keep his seat, it’s whether he should keep his seat.
Just sitting as an independent MLA is no reason on its own for Allen to resign. Well-respected St. Albert MP Brent Rathgeber, for example, is sitting as an independent after quitting the federal Conservative caucus. The huge difference between the two, of course, is Rathgeber quit on a point of principle that has arguably enhanced his stature.
Then there’s the recent example of Edmonton MP Peter Goldring, who resigned from the federal caucus after being charged with a drunk driving offence. The difference here was that Goldring professed his innocence, fought the charge, and won.
Allen is not saying he is innocent or demanding his day in court to clear his name. His statements on this point seem to be quite the opposite.
Adding insult to injury, Allen found himself in trouble while on government business. He was officially representing the province while attending a confer- ence of state governors in St. Paul to discuss, among other things, cross-border trade. Public outrage and disappointment is understandable. So is the government’s haste to cut all ties to him.
Providing a foil to Allen’s misadventure was government MLA Wayne Cao who, on the same trip, spent his spare time touring a museum.
Some Albertans have jumped to Allen’s defence, saying if he were only trying to hire an escort, he was doing nothing more than what is considered legal in Alberta. However, the St. Paul police say Allen was arrested under suspicion of engaging in prostitution after allegedly agreeing to exchange money for sexual services. We don’t know the details of what allegedly went on, but solicitation is illegal in Alberta, too.
Others have trotted out the argument that communicating for the purpose of prostitution is an antiquated law and that prostitution between consenting adults is a victimless crime. That argument itself is antiquated, not to mention a simplistic reading of the complexities of prostitution and the havoc it visits on lives. And it’s a red herring.
The issue here deals with an Alberta MLA being arrested in a prostitution sting. Whether you think solicitation should be illegal or not is beside the point.
You could certainly argue that Allen has not been convicted of anything. He hasn’t even been charged — although we should know more on that today. Everyone is entitled to the presumption of innocence until proven guilty.
Indeed, the presumption of innocence is Allen’s biggest defence.
However, Allen seems to have eroded that defence by talking about his “mistake” and “profound lapse in personal judgment.”
His arrest by St. Paul police has undermined his reputation. His self-flagellating statement, along with his resignation from caucus, has undermined his position in the assembly.
The damage done here is profound. Allen is not simply sitting as an independent member, but as a humiliated independent MLA whose ability to effectively represent his constituents has been dealt a serious, perhaps fatal, blow. The real analogy here is to former solicitor general Graham Harle, who resigned his seat in cabinet after being caught by police with a prostitute in his car in 1983. He kept his seat, but his reputation and his effectiveness as a politician vanished.
The ultimate question Allen should be asking himself as he “takes time to reflect” should have less to do with what he thinks is fair for him and more about what is fair for his constituents.
As a badly wounded politician, how effective can he be as a representative of the people of Fort McMurrayWood Buffalo?