Home page

Text size

E-mail this page

NUNAVUT
Lying under oath and using his ministerial position to act on grudges he had against two government employees are three of the six Integrity Act violations South Baffin MLA Fred Schell has been found guilty of committing.

Fred Schell has been found guilty of several Integrity Act violations, including lying under oath. - NNSL file photo

Nunavut integrity commissioner Norman Pickell has consequently recommended that Schell be fined $10,000, the maximum fine under the act, and that he apologize for his actions at the legislature. However, Pickell, who filed his report in the legislative assembly on Oct. 30, ruled against suspending Schell from the legislature because that would leave Schell's constituents without representation.

In what Pickell expressed as the most noteworthy violation, Schell lied while under oath during hearings to investigate some of the Integrity Act violations. The South Baffin MLA had claimed he did not have a grudge against a particular GN employee, who is arises in another of Schell's violations. Then, in light of new evidence to the contrary, Schell admitted he did harbour negative feelings towards the employee.

"Yes, I do have to admit that I did (mislead the commissioner)," Schell said, according to a transcript provided in the report. "It is human nature to do that."

Pickell later wrote in his report, "It is not, or should not be, human nature for anyone to lie under oath."

The GN employee in question had been senior administrative officer of Cape Dorset while Schell was mayor, prior to becoming an MLA, according to a letter attached to the report, written by deputy minister of executive and and secretary to cabinet Daniel Vandermeulen. Schell had initiated an ultimately successful motion to terminate the Cape Dorset SAO from that position.

Schell, 60, lied under oath about the GN employee during a hearing about the South Baffin MLA's conduct. Schell used his position as GN minister of Human Resources to question his deputy minister, Joe Kunuk, about the circumstances of the employee's hiring by the GN. According to the report, Schell and his executive assistant implied to Kunuk that this particular employee should be fired, though the deputy minister saw no valid argument for the termination.

In another instance, Schell singled out another GN employee, a Rankin Inlet hamlet councillor, with whom Schell had problematic business dealings via Schell's company Polar Supplies. Schell asked how this individual was allowed to run for council, given his government employment. Despite 12 other GN employees serving on hamlet councils, Schell made an issue about this particular person and asserted that it should have been his decision whether the employee should have been allowed to run.

On these two occasions, Pickell found Schell abused his ministerial authority to further his private interest.

In another violation, Schell, while minister responsible for the Nunavut Housing Corporation, personally phoned the department's manager of staff housing to ask about overdue rent the corporation owed him on a property it is renting from Schell. The minister had not outwardly disclosed this arrangement in his personal financial reports, referring to it as "house rental." Pickell did not find the rental itself to be a conflict, but did find the phone calls from Schell to the manager of staff housing to be a conflict.

Schell had also expressed frustration to the chief executive officer and president of the corporation about a business that was a competitor to Schell's Polar Supplies, which has also been getting contracts with the corporation. While Pickell found this contravened the act, he recommended no punishment since he found Schell wasn't trying to influence decisions but was just expressing frustration in an isolated and brief encounter.

Finally, Schell was found to have performed his duties and arranged his private affairs in a manner that failed to maintain public confidence and trust in his integrity, objectivity and impartiality, states the report.

Pickell recommended the maximum $10,000 fine allowed under the Integrity Act, which he stated would send a "strong message of condemnation to Schell." He added the fine would also let residents know serious breaches of the act are taken seriously. Pickell opted not to recommend a suspension from the legislature since that would punish Schell's constituents.

The legislature should reprimand Schell, who in turn should acknowledge his wrongful conduct and apologize to his peers, his constituents and Nunavummiut, stated the report. It adds Schell should also apologize in writing to the two GN employees he targeted. Schell should also discuss his conduct with elders.

Nunavut Premier Eva Aariak said on Oct. 31 whenever ministers and their staff are hired, it's important to ensure they're briefed on a regular basis, something she said she will make sure is done in the next couple of months.

"It's a thorough report and it's something we have been waiting for a long time. Unfortunately, it took eight months," she said. "I am saddened by the fact we have to go through this because we want to have the least disturbance within our cabinet members. We have a lot of work to do. We have huge mandates and we need all the ministers to be concentrating on what has to be done."

This was Pickell's fourth review into the conduct of an MLA since he was appointed in July 2008. One previous probe found Schell had breached the Integrity Act. The South Baffin MLA was found guilty a year ago after sending an e-mail to a bureaucrat about a private business interest prior to Schell's promotion to cabinet. However, the legislature rejected Pickell's report due to Pickell having investigated comments made in the legislature, where Schell's freedom of speech is protected by parliamentary privilege. Nevertheless, the legislature asked Schell to apologize and pay a $1,000 fine.

Cape Dorset resident Chris Pudlat said almost everything in the news about Schell has not been good.

"People here are sick and tired of the whole situation. People are just ready for him to resign and move on. Resign from MLA" said Pudlat. "People have lost patience and are frustrated and are upset about this whole situation, not just from the (Integrity Act violations) but also with his alleged assault on his spouse."

Schell faces a charge related to an alleged assault against his partner, Ezevallu Qatsiya, who is also accused of assaulting him.

Schell is due to go to trial on that matter in Iqaluit on Jan. 29, 2013.

Qatsiya's trial is set for Nov. 19.

We welcome your opinions. Click here to e-mail a letter to the editor.