Richard Gleeson
Northern News Services

Yellowknife (Jan 14/02) - In the wake of the trashed jobs and reputations that resulted from the recent and unprecedented conflict of interest drama, Ted Hughes was hired to restore order.

The Saskatchewan-born lawyer and judge has waded into the quagmire of politics as head of a number of high-profile public inquiries and served as conflict of interest commissioner for B.C. and the Yukon.

New acting conflict of interest commissioner Ted Hughes brings a half century of legal experience to the position. - Richard Gleeson/NNSL photo

Did you follow the conflict of interest saga that just ended here?

I was aware of what was going on. I'm the conflict of interest commissioner for the Yukon. We had our annual conference in Toronto in somewhere around the 21st of September and I know the commissioner for the NWT was prevented from attending because her attendance was required here in Yellowknife on the matter you referred to.

But other than having periphery information of that kind, no, I was not briefed on the matter in any detail.

Did you take any lessons from that process?

I don't know the factual background sufficiently to comment on that.

What do you regard as the highlights of your career?

I have had experience in the conflict of interest role in British Columbia and in the Yukon. I served a full term under the statute in British Columbia and will conclude my second term in the Yukon in June of 2002.

Prior to taking on those responsibilities, I was deputy attorney-general of British Columbia for seven years. Previous to that I had judicial experience in Saskatchewan, where in my pre-judicial days I had a law practice.

I have conducted a number of inquiries across Canada on a number of issues, mainly in the western provinces.

Are there any major differences between the way conflict issues are dealt with here and the way they are dealt with in British Columbia and the Yukon?

No. Every statute has its own variations, but I think a very progressive step that has been taken in the Northwest Territories is the drafting of a code of conduct for the public services.

While I am acting in only my conflict of interest role, which deals with members of the legislature, I have accepted the position of ethics counsellor with respect to the public service. This will have me available to deputy ministers and other public service members to assist them in other situations of conflict or ethics generally as they arise.

I met with the deputy ministers very briefly to introduce myself. I expect an ongoing relationship with them to assist them on ethical matters that arise within their departments.

Conflict of interest is an ethical matter, but there are ethical matters that are much wider than just conflict of interest. I guess that's why the role at the public service level is described as an ethics counsellor.

There has been some discussion among members about separating the commissioner's advisory and investigative roles, to have something like an ethics counsellor to advise members and a commissioner to investigate complaints. Is that something that exists in B.C. or the Yukon?

No.

Do you think that is necessary?

Well, the statute here in the Northwest Territories has a section that I think is a very excellent one.

The section requires each member to perform his or her duties of office and arrange his or her private affairs in such a manner as to maintain public confidence and trust in the integrity, objectivity and impartiality of the member.

That provision places a responsibility on the member that is wider than just the avoidance of conflict of interest situations.

I was on a commission up here a few years ago that dealt with a complaint that was lodged partly on the basis of a violation of that provision. It's not a new provision, but it's one that I think is very much required in this whole matter of elected members performing with honour and integrity.

How do you view the role of conflict of interest commissioner?

I must say, I view the role of the conflict of interest commissioner as largely playing a preventive medicine role, if you like.

In other words, giving advice and keeping people out of harm's way. It is my hope that members will consult the commissioner whenever they feel they're heading into situations that give concerns to them and avoid having to involve many persons in expensive and extensive public inquiries. I hope that can be made possible.

That's the manner in which I have conducted this position previously in other jurisdictions.

Do you think in a place of this size the standard for conflict of interest should be different than it is in a place like British Columbia?

My view is that this whole area is based to a considerable extent on the application of common sense.

You can't get an answer out of a textbook on what a conflict of interest is in every possible scenario.

I think a commissioner, of course, has to know the act. But part of it is objectively, giving sound advice based on common sense.