Christy Clark should talk more to her brother
Conflict allegations alarmingly high
Every now and then, B.C. Premier Christy Clark exercises an “abundance of caution” and recuses herself from provincial government decisions or considerations that might put her in a conflict of interest, real or perceived. The public should expect nothing less from her. They might demand more.
Quite frequently, it seems, B.C.’s Office of the Conflict of Interest Commissioner (OCIC) receives and investigates complaints about Clark. Each one has been dismissed. But the OCIC’s mandate is limited, and provincial conflict-of-interest accusations are surprisingly vague.
Sometimes, accusations are made in the press, then swiftly denied by members of Clark’s staff. Such was the case this week, when the Globe and Mail published a lengthy, somewhat convoluted account of new allegations related to a proposed wind power project in Haida Gwaii. It involves Clark’s brother, Bruce Clark.
According to the Globe story, the premier “has been accused of interfering in a local (First Nation) band election to help a candidate who supports” a wind power proposal with which her brother has an interest. The alleged interference was a $150,000 “government investment” the premier unveiled in Haida Gwaii last month, to be spent on a “feasibility study” looking at a proposed, $4-million school expansion project for the community.
The funding “gave a boost” to the band member elected as chief Monday; he happens to support Bruce Clark’s wind farm plan, according to the Globe.
Clark’s office denies any conflict of interest or connections between the $150,000 cheque, the band election, and the premier’s brother. A spokesman says the premier didn’t know her brother has business interests in Haida Gwaii. For his part, Bruce Clark suggested he seldom connects with his powerful sister. “I have trouble getting her to come for family dinners,” he told the Globe.
Clark has never been found to have broken B.C.’s conflict-of-interest rules. But there have been puffs of smoke aplenty, and the number of accusations levelled at her since she became premier four years ago is alarmingly high.
Last year, the premier recused herself from any potential deliberations around proposed oil refineries in B.C., once her ex-husband, Mark Marissen, became part of an effort to build a $10-billion refinery in the province.
That was just weeks after the National Post revealed that, prior to becoming B.C. premier in 2011, Clark briefly served as chairwoman for a private company’s subsidiary. There was no mention of Clark’s previous service with the subsidiary in any of her biographies. Once in office, the premier actively promoted the parent company on official trade missions to Asia. Again, there was no disclosure about her previous ties until the National Post reported them.
It was also revealed last year that while in private life prior to 2011, Clark was a partner in her former husband’s lobbying firm, which had listed its office at their then-residence.
The most notorious conflict allegations made against Clark related to a political corruption case in which her then-husband and her brother were peripheral, innocent parties; the allegations reach back to a period when Clark served in thenpremier Gordon Campbell’s cabinet.
Citing an “abundance of caution,” Clark recused herself in 2003 from future government considerations around the sale of B.C. Rail, a provincially owned railway network. Her then-husband Marissen had consulted for a company involved in the sale process, and her brother consulted for a company bidding for B.C. Rail assets.
The eventual sale was compromised by two senior government bureaucrats who leaked competitive information. The pair pleaded guilty in 2010 to related corruption charges. As part of their plea deal, the province agreed to pay their $6-million legal bill.
The OCIC was to examine B.C. Rail conflict-of-interest allegations made against Clark by a former B.C. Liberal MLA; however, the office was caught in a potential conflict of its own, so it handed over the investigation to an outside consultant. Two years ago, Clark was cleared.
The OCIC has investigated other claims, never finding the premier to be in conflict. Then again, the province’s rules prevent the OCIC from examining conduct before a person is elected to the legislative assembly.
Once in office, MLAs in B.C. are barred from seizing an “opportunity to further his or her private interest” while “in the performance of the duty or function or in the exercise of power.”
Some critics say these regulations are lax. “Private interest” seems to be interpreted as the member’s alone, not the interests of her friends, family members or former associates. Other provinces do make such distinctions.
B.C. should tighten the rules, and in the future, Premier Clark should proceed with even more caution. At the very least, she should accept her brother’s dinner invitations and learn about his business activities, every now and then.