Search for ethics watchdog extended
Liberals cite struggles to find ‘qualified’ candidates under ‘rigorous’ selection process
OTTAWA— The Liberal government says it extended a yearlong search for a new ethics watchdog last spring because it was unhappy with the result of a search that produced an insufficient “pool of qualified candidates,” according to a document filed in federal court.
That search is ongoing, now into its 19th month, as ethics commissioner Mary Dawson is in the midst of handling several sensitive cases that touch the government’s two most powerful officials: Prime Minister Justin Trudeau and Finance Minister Bill Morneau. Democracy Watch released Wednesday an affidavit filed by the federal government in answer to the group’s court challenge of the interim reappointments of Dawson and lobbying commissioner Karen Shepherd.
The group’s lawsuit claims the two commissioners — who’ve seen their terms in office extended repeatedly — are weak “lapdogs” and biased in favour of the Liberal government that keeps renewing their contracts.
But the government denies that, saying it just cannot come up with the right people for either job under its “rigorous” selection processes.
The affidavit quotes a Privy Council official (PCO) who says the selection process to replace Dawson that began in May 2016 “did not yield a sufficient pool of qualified candidates.” In April 2017, the Privy Council office — the central department that supports the Prime Minister’s Office — launched another selection process all over again.
In the case of the ethics watchdog, the affidavit blames “rigorous statutory requirements” for the job for the government’s failure to find Dawson’s replacement. It quotes PCO special adviser Kathleen McKillop who said “the application period will remain open until a qualified candidate has been identified and an appointment has been made.”
A separate affidavit about the search for a new lobbying commissioner says that selection process ran from May 2016 to January 2017 and yielded nobody up to the job.
“While a significant number of candidates submitted their applications, at the end of the process there were no candidates judged to be qualified for recommendation for appointment to the position,” the affidavit says.
In June 2017, that search was also re-launched.
Duff Conacher, co-founder of Democracy Watch and an adjunct professor at the University of Ottawa’s political science and law schools, dismisses the government’s claim in both cases, especially “given that I and likely other fully qualified candidates applied for the lobbying commissioner position.”
As for the ethics watchdog, Conacher said the Liberals “decided that it wasn’t a ‘sufficient pool of qualified candidates’ but that doesn’t change the fact that they had a pool of qualified candidates. And instead of consulting with opposition party leaders to determine if one of the candidates was acceptable to them, they chose to reappoint Dawson for another six months.”
Trudeau recused himself in May from the decision on Dawson’s replacement because her office is investigating his 2016 Christmas trip to the Aga Khan’s island.
Contacted Wednesday, PCO refused to say whether it had one or more qualified candidates for ethics job last spring, or to say why no names were put to the Opposition parties. (Under the Parliament of Canada Act, the appointment of the ethics commissioner is made after consultation with leaders of all recognized parties in the Commons.) PCO spokesperson Stephane Shank said the government is “committed to identifying the most qualified candidates through an open, transparent and merit-based selection process, and will take as long as is required to find the right person for this important position.”
He declined further comment, saying the matter is before the court.