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Simailak faces $5,000 fine

Karen Mackenzie
Northern News Services
Published Wednesday, September 17, 2008

BAKER LAKE - Baker Lake MLA David Simailak repeatedly breached the Nunavut Integrity Act and attempted to use his position to benefit his own business interests, according to a long-awaited report by the territory's interim integrity commissioner.

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David Simailak: Integrity commissioner's report finds former minister repeatedly violated Integrity Act

Norman Pickell's work, which was released in the legislative assembly on Sept. 10, found that Simailak violated four provisions of the act: blind trust, influence, conflict of interest and holding a corporate directorship while in office.

These violations involved a number of private companies in which Simailak has an interest, which he was required to place in a blind trust upon entering office in 2004.

Some of these companies had contracts with the Government of Nunavut.

"We are not talking about just one occasion where Mr. Simailak was given information about his business interests or one e-mail in which he tried to use his influence improperly ... we are talking about numerous occasions," Pickell wrote.

The integrity commissioner said Simailak's behaviour was "totally unacceptable both as an MLA and as a cabinet minister" and suggested a number of sanctions against the Kivalliq politician.

The report recommended a $5,000 fine and a formal reprimand by the legislative assembly.

Simailak would also have to make a statement to acknowledge and apologize for his wrongdoing.

If Simailak decides to run in the upcoming territorial election, which is scheduled for Oct. 27, Pickell recommended he be forced to deliver a letter of apology and explanation to every household in his riding, with instructions on where they can find the report.

If he failed to do so and is re-elected, he would immediately be required to resign from his seat.

Members of the legislative assembly must now vote on whether to dismiss or accept the report in its entirety.

The investigation was formally requested last June by Iqaluit Centre MLA Hunter Tootoo, chair of the standing committee on government operations and accountability.

To come to his decision Pickell examined correspondence between Simailak, his staff and his business partners from February 2005 to June 2007.

The information had been subpoenaed by the standing committee earlier this year.

Pickell also interviewed Gerald Avery, the trustee under Simailak's blind trust arrangement, and Premier Paul Okalik, former integrity commissioner Robert Stanbury and Tootoo.

Pickell did not find that Simailak's trustee had acted inappropriately.

The correspondence shows that Warwick Wilkinson, general manager of Piruqsaijit Ltd. - which manages many businesses to which Simailak has ties - repeatedly provided him with information on his business interests between February 2005 and June of last year.

According to the report, Simailak also set up meetings between government officials and companies in which he had ties.

Simailak also attempted to use his influence as minister of economic development and transportation to get former finance minister John Todd a contract with his department.

Simailak told Pickell he never thought anyone would find out about any of this e-mail correspondence.

The Baker Lake MLA had previously apologized to the legislative assembly in February, after a review by Stanbury found him in conflict of interest for failing to disclose the name of a company in which he has an interest.