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Simailak's conduct 'totally unacceptable' - report

Herb Mathisen
Northern News Services
Published Monday, September 15, 2008

IQALUIT - David Simailak, MLA for Baker Lake, never thought anyone would see e-mails sent between him and business associates while he was a cabinet minister.

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A report from Nunavut's integrity commissioner found David Simailak, MLA for Baker Lake, abused a blind trust agreement by keeping in contact with businesses associates while minister of Finance and Economic Development.

Nunavut's integrity commissioner did and, in a report released in the legislative assembly on Wednesday, he found Simailak violated four parts of the Integrity Act - the blind trust, influence, conflict of interest and corporate directorship provisions - over a period of two years.

Pickell recommends a $5,000 fine and a public apology as punishment.

"Mr. Simailak's conduct... was totally unacceptable, both as an MLA and as a cabinet minister," wrote integrity commissioner Norman Pickell.

MLAs are supposed to place their business interests in a blind trust in order to "avoid any real, apparent or potential conflict of interest in relation to their duties and responsibilities as elected officials," the report states.

Pickell found Simailak breached this blind trust through repeated correspondence between himself and business partners from February 2005 to June 2007.

The report will now go in front of the legislative assembly for approval.

MLAs will vote to endorse or dismiss the report - including its recommendations - in its entirety.

Hunter Tootoo, MLA for Iqaluit Centre and chairman of the standing committee that first brought the e-mails to the integrity commissioner, said the report would go before the house sometime this week.

Should MLAs vote to endorse the report, Simailak will have to apologize in front of the house for his actions no later than two days after the report is voted upon.

If he chooses not to, his sitting and voting privileges in the legislature will be suspended. Also, should Simailak decide to run in the upcoming election, he will have 20 days to send a letter to each household in his constituency apologizing for his wrongdoing and making the report's website available to each of them.

If he is re-elected without doing this, his seat would be declared vacant.

On Thursday, Simailak did not comment on the report or whether he agreed with its findings.

"All they are now are recommendations," said Simailak. "It's up to the house to either accept those recommendations. Until they make a decision of any kind, then it's all speculation."

He also would not say whether he was considering running for re-election in October.

Simailak did say he would make an apology in the house if he needed to.

"If asked to do so, I probably would," he said.

In the report, Pickell stated Simailak played coy about his familiarity with the blind trust agreement.

"When I met with Mr. Simailak, he initially gave me the impression that he was very naive about what a blind trust really met," wrote Pickell.

Through conversation, however, Pickell said Simailak's knowledge of the agreement became apparent. He said Simailak admitted he knew he should not be receiving information from people involved with his business interests.

"I do not believe that Mr. Simailak is as naive about blind trusts as he wants me to believe," Pickell concluded.

Warwick Wilkinson, general manager of Piruqsaijit Ltd. - an umbrella company that manages many businesses Simailak had interests in - e-mailed Simailak 10 times from Feb. 21 to June 8, 2005 providing him with information about his businesses.

Simailak told Pickell he never thought anyone would find out about the e-mail correspondence with Wilkinson and others.

Pickell said while Simailak stated he did not solicit the e-mails, it would have been easy for the MLA to stop the correspondence or inform the integrity commissioner and have him ask the parties to stop writing.

"He never did anything and does not know why he did nothing to stop the flow of e-mails," wrote Pickell.

The report also stated Simailak kept in contact with partners through other means.

"It is evident from what is said in some of the e-mails that Mr. Simailak was talking to others about his businesses in telephone conversations," wrote Pickell. "This should not have been happening either."

Simailak also admitted to setting up meetings between government officials and companies that he had a stake in.