Groenewegen tactic a first in Canada
Richard Gleeson
Northern News Services
Yellowknife (May 21/01) - Jane Groenewegen's request for the removal of the conflict of interest commissioner investigating a complaint against her is likely unprecedented in Canadian history.
"This is the first occasion that I've heard of an allegation of bias against a commissioner," said B.C. conflict commissioner and former B.C. Supreme Court Justice H.A.D. (Bert) Oliver.
Parliamentary governance expert and clerk of the legislative assembly David Hamilton said the board of management is treading on new ground and, as a result, treading cautiously.
The board has asked commissioner Carol Roberts' lawyer to respond to questions raised in an application for her removal submitted to the board by Groenewegen's lawyer. Composed of MLAs, the board now finds itself in the position of judge and jury. It must rule on arguments from lawyers from each side.
In a landmark ruling in 1999, NWT Supreme Court Justice John Vertes upheld the authority of the office of the NWT conflict of interest commissioner.
Justice Vertes dismissed an application from former Premier Don Morin, ruling it was the proper place of the commissioner and the assembly, not the courts, to deal with conflict of interest complaints.
Morin resigned on the heels of the assembly's debate of a damning report on an investigation of a conflict of interest complaint filed against him. Groenewegen laid the complaint and saw it through to conclusion.
It is Groenewegen's active involvement in that case that has many MLAs wondering how someone so familiar with conflict of interest law would fail to meet the basic requirement of removing herself as a director of a company she owns.
Oliver said that in most jurisdictions conflict commissioners are former Supreme Court justices, people with unimpeachable reputations for impartiality.
"It's a little like the good housekeeping seal of approval," said Oliver.
Justice Oliver said commissioners act as advisors to the legislative assemblies that appoint them. The assembly is ultimately responsible for making decisions on conflict-of-interest complaints.
"The commissioner delivers formal written opinions to the house and the house is free to accept or reject them, after a debate," the judge said.
Though it discussed the application for Roberts' removal in public at Fort Smith last week, the Board of Management will not release the 40-page document.
"It's the policy of the board not to give out documents that are given to the board," said Speaker Tony Whitford, who chairs the board. "They're for members' use only."
Whitford said the decision to release the application rested with Groenewegen's lawyer Barrie Chivers.
Chivers said Friday he was not prepared to release the document for fear of being accused of prejudicing the board's investigation.
"That's up to the board," Chivers said Friday. "If they want to release it, it's up to them."
