Burden of proof
In all conflict of interest cases, the legislative assembly has the final say

Richard Gleeson
Northern News Services

NNSL (Nov 16/98) - A central issue that will arise today as the conflict of interest inquiry resumes is the standard of proof that will be used to determine whether or not the premier has violated conflict of interest law.

"It's not a criminal proceeding, so we're not talking about proof beyond a reasonable doubt," said commission lawyer Robert Dunseith.

He said commission counsel will be addressing the standard of proof issue in the closing statement they will deliver today.

Dunseith added the standard will be something different than the 'balance of probabilities' used in civil cases.

Dunseith noted that in all conflict of interest cases, the legislative assembly has the final say in what penalties, if any, are assessed.

"The commissioner is not in a position to enforce a penalty with respect to a contravention itself, she can only make a recommendation. It's up to the legislature to vote on it."

The inquiry is expected to wrap up tomorrow, with closing statements from the lawyers for Hay River MLA Jane Groenewegen (who filed the conflict of interest complaint) and those of Mike Mrdjenovich, Roland Bailey and Don Morin.

Don't hold your breath waiting for the decision of commissioner Anne Crawford.

In making her determination Crawford will sift through the massive amount of evidence that has been presented, including 18 volumes of transcripts and almost 12,000 pages of documents.