OTTAWA – Ethics Commissioner Mario Dion intends to follow in his predecessor's footsteps when it comes to advocating for improvements to the federal Conflict of Interest Act, though he has some different ideas about specifically what needs to change.
Dion, the Liberal appointee who is just over a week into his new job, told CTVNews.ca that after digging into the numerous changes former ethics czar Mary Dawson recommended, he thinks "there are a few clear areas where it would clearly benefit from being amended."
Namely, Dion is eyeing three areas of the federal law that could use reforming: gifts, friends, and penalties.
He thinks the rules around gifts need to be tweaked. He said it's the number one topic that his office gets asked for clarification on. Right now there is a rule that prevents public office holders from accepting any gift that could be perceived as having an influence on any potential decisions involving the gift giver. As well, any gift over $200 has to be reported.
Dawson had advocated in the past for any gift over $30 to be declared, but Dion isn't so sure.
"Is it reasonable to think that somebody can be influenced with a small gift?" said Dion.
Testifying at the committee last week on her final report -- in which she found Prime Minister Justin Trudeau in contravention of multiple aspects of federal ethics rules -- Dawson touched on the topic of amendments.
In Dawson's view, the current gifts from friends provision should be removed because it often leads to confusion.
Dion agreed that the wording around friends, who are and who aren’t, should be clarified.
"I will have to think about what’s best to propose," Dion said.
Thirdly, he's been weighing whether there should be stronger sanctions when it comes to substantive breaches. The only teeth the act has currently, are administrative monetary penalties, regarding reporting things like gifts, within the prescribed timelines.
"I’m leaning on the side of having some sanctions, some consequences," said Dion.
At committee, Dawson said the "publicity" of breaking the ethics act was bad enough, and further sanctions shouldn’t be chiseled into the law.
Dion is expecting an invitation to come through for him soon from the House Access to Information, Privacy and Ethics Committee, which is conducting a review of the Act. He said he's not sure yet what his strategy will be when it comes to advocating for reforms. Dawson had racked up around 75 suggested amendments over her tenure.
"I'm not sure I’ll go with something that large," he said. "But… I will have something clear to propose."
Morneau probe continuing
Since taking the helm of the newly high-profile position, Dion has been receiving briefings on the outstanding investigations, communications, policy, and compliance aspects of the office.
On the investigation front, he confirmed that the probe into Finance Minister Bill Morneau’s possible conflict of interest over his sponsorship of pension bill, C-27, is continuing.
Dion is also carrying on two other active investigations but would not disclose their nature, citing confidentiality. The only reason the public becomes aware of an ongoing investigation is if one of the people involved speaks out about it, which is what the NDP first did in the Morneau case.
Fine being at the forefront
The former chair of the Immigration and Refugee Board of Canada has been appointed on a seven-year term.
After watching the office's public profile soar with the investigations into Trudeau and Morneau, Dion said he's "fine" with the level of poltiically-charged attention.
"I think it's the nature of the beast. The existence of the office is to basically arbitrate situations involving ministers, and MPs, and public office holders… so it’s fine to be at the forefront, in question period and elsewhere. It’s part of our job," he said.
Though Dion is not a stranger to headlines. Whistleblower groups called for him to be removed from his job as integrity commissioner back in 2014.
At the time, Auditor General Michael Ferguson issued two reports on the Office of the Public Sector Integrity Commissioner, which Dion helmed.
The integrity commissioner’s job is to protect federal whistleblowers, and the AG found staff "grossly mismanaged" two whistleblowers' cases.
In the reports Ferguson notes that his findings were not meant to be a comment on the overall management of the office, and that Dion inherited the job at a time when the office was going through an "enormous transition." His predecessor left amid scrutiny.
No change without 'good reason'
Dion said he respects the work Dawson did over the last decade and he doesn’t intend to "demolish" what she’s accomplished.
"Unless there is a good reason to change something, we will not change things, however we have to adopt to the times and things will continue to evolve. The needs, and the technology for instance, is a front on which we will make changes," he said.
Speaking to the resources the office has to complete its work, Dion said if the volume stays the way it has been over the last number of years, then he’ll have enough staff to stay afloat.
As for his proactivity in launching investigations, he said his barometer will be if there are reasonable grounds, and noted media as "a precious source of information that could lead to investigations."
He said Dawson launched two thirds of her investigations on her own volition, and the other third resulting from complaints launched.
When asked if his predecessor left him any parting words of advice, Dion replied: "Mary does not naturally give people unsolicited advice."
