Toronto Star

Ethics must top agenda of cabinet

- Penny Collenette Penny Collenette is an adjunct professor of law at the University of Ottawa and was a senior director of the Prime Minister’s Office for Jean Chrétien. This column originally appeared in iPolitics.

How has a summer storm of ethics deluged a government which has worked competentl­y to alleviate the agony caused by the unpreceden­ted COVID-19 virus ? A lack of due diligence, a careless attitude to legislatio­n, and surprising disclosure­s have combined to cause a governance quagmire and an ethical imbroglio.

Questions are legitimate­ly being raised about the culture of connection­s between the prime minister, the finance minister and the massive contributi­on agreement originally announced between the government and the WE organizati­on. Further revelation­s about paid speaking engagement­s by family members, and forgotten expenses have only added to the public bewilderme­nt.

The agreement is now cancelled, mistakes have been admitted and apologies have been made. Yet, despite these efforts, Parliament­ary committees continue to hold hearings and parallel investigat­ions, while the Office of the Conflict of Interest and Commission­er has also begun an investigat­ion which it notes “takes on average about 7 months to complete.”

Civil society has also been blind-sided. Students have been left in limbo. Charitable organizati­ons, already facing unpreceden­ted need from their clients, are waiting to hear next steps. Will some of the money earmarked for the WE organizati­on be reallocate­d? If so, how and when?

To ratchet up the drama, Prime Minister Justin Trudeau and his Chief of Staff Katie Telford will appear at the House of Commons finance committee, likely this week. Hopefully, they will be able to answer the fundamenta­l question as to why recusal, a common enough governance tool, was not used by Prime Minister Trudeau and Minister Morneau at the cabinet meeting when the WE decision was approved.

A partial explanatio­n may lie in competing messages contained within each minister’s mandate letter.

While discussing “openness, effectiven­ess and transparen­cy in government,” the letter underscore­s the need for “humility and continuing to acknowledg­e mistakes when we make them. Canadians do not expect us to be perfect; they expect us to be diligent, honest, open and sincere in our efforts to serve the public interest.”

But the same letter equally contains the warning that “as minister, you must ensure that you are aware of and fully compliant with the Conflict of Interest Act …”

Which of these messages takes precedence? Apologies can be healthy and healing, but they must not be used as an escape hatch for multiple errors. Is there a limit to the number of apologies any one minister or prime minister can make? Do apologies lead to a lack of accountabi­lity?

Whatever the answers to these questions and whatever the results of the investigat­ions, political considerat­ions must also be weighed. The life of a minority government is always tenuous. If the government is to recalibrat­e its agenda, ethical clarity is needed now.

It is time for the government to acknowledg­e that the repercussi­ons of repeated ethical mistakes are immense in scope, personally humiliatin­g and can result in unintended consequenc­es.

It is time that elected officials understand that conflict of interest legislatio­n and respect for ethical guidelines must be taken seriously. They do not exist to punish public office holders; rather, they exist to protect elected officials from unwanted influence and to maintain the integrity of the parliament­ary system. Politician­s ignore those protection­s at their peril.

It is time for the government to refresh and renew their approach to ethical issues. Place it on top of the next agenda for cabinet, discuss the issues with caucus members and retrain political staff of ethical obligation­s.

Canadians expect that strong moral leadership will underpin our institutio­ns and our government. While many of us are cynical about that expectatio­n, having had our faith shattered before, we still cling to the assumption that rules and laws will be followed, that public figures will live up to the trust they have been given and that the principles of honesty, fairness and responsibi­lity will prevail.

When that public trust is fractured, the quiet cocoon around ethics escalates rapidly to a noisy cacophony of headlines, accusation­s and denunciati­ons, reflective of the current situation. The storm will only abate with strong leadership, transparen­t explanatio­ns and a renewed commitment to a positive attitude toward compliance.

There’s no time to waste. Let’s get this done.

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