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THE ISSUE
The Liberal Party’s 12 years in power have been 12 years of consecutive scandal. Despite Paul Martin’s promises to clean up Ottawa, nothing has changed. Worse, the Liberals have made no attempt to ensure that those responsible for these scandals pay the price – and they still pretend they are victims in the sponsorship scandal!1
Judge Gomery concluded that the Liberal Party “as an institution cannot escape responsibility for the misconduct of its officers and representatives.”2 Unfortunately, the current system of lap-dog oversight means Liberals get to hold themselves accountable. They negotiated with themselves to calculate how much taxpayers’ money the Liberal Party would repay.3 They cut a deal letting Paul Coffin repay only $1 million even though he stole $1.6 million by fraud.4
Additional examples of the need for prosecutorial independence:
- François Beaudoin, former president of the Business Development Bank of Canada, was subjected to a vendetta after refusing the prime minister’s request to give a loan to a personal friend. The vendetta included complaints to the RCMP that Justice André Denis of the Québec Superior Court later called “completely vexatious and without foundation.” After the Crown Attorney concluded that there was no reason to charge Beaudoin, the government-owned Bank, headed by a political appointee, refused to accept the outcome and hired a lawyer to try (unsuccessfully) to influence the prosecutor to change the decision.5
- The Mulroney-Airbus affair: Officials in the federal Department of Justice advised the RCMP during its investigation and it was the Justice Department that signed and sent the letter asking the Swiss authorities to cooperate. The Department’s letter wrongly indicated that the RCMP had reached conclusions about criminal activity and then-Attorney General Allan Rock subsequently apologized in writing. To avoid any possibility of interference, this is precisely the sort of issue that should have been handled by an independent Director of Public Prosecutions.
THE PLAN
The Conservatives have already released the Federal Accountability Act. In addition to those measures, and to ensure prosecutorial independence, a Conservative government will follow the path of several provinces, including Nova Scotia and British Columbia, and other parliamentary democracies such as the United Kingdom and Australia.
Nova Scotia passed a Public Prosecutions Act in 1990 in response to the report and recommendations of the Royal Commission on the Donald Marshall, Jr. Under this statute, the responsibility for all crown prosecutions under the Criminal Code or provincial law was transferred from the Attorney General’s department to the independent Director of Public Prosecutions. The Director is the head of the provincial public prosecution service, and reports directly to the House of Assembly.
British Columbia passed a Crown Counsel Act in 1991 in response to a controversy over prosecutorial decisions affecting a provincial MLA, and a subsequent Commission of Inquiry conducted by Stephen Owen (now a federal Liberal cabinet minister). Under the B.C. statute, the Assistant Deputy Attorney General has responsibility for criminal prosecutions. The Attorney General, or the Deputy Attorney General can only give direction in an individual case in writing and the direction must be published in the British Columbia Gazette. The Assistant Deputy Attorney General may appoint a special prosecutor in cases of important public interest.
A Conservative government will establish an independent Office of the Director of Public Prosecutions (DPP). The DPP will have responsibility to conduct prosecutions under federal law and will be able to make binding and final decisions to prosecute or not unless the Attorney General or Deputy Attorney General instructs the Director to do otherwise by means of a public written notice. The DPP will be appointed from among qualified candidates recommended by a committee which will include representatives of the opposition parties in Parliament. The DPP will have a mandate to review recent decision on prosecutions in the sponsorship scandal and other matters which have been the subject of investigation by the Auditor General and the Ethics Counselor or Commissioner. The structure of the office will be based on best practices in other jurisdictions.
THE CHOICE
The Liberals have failed to move swiftly and decisively to find justice in the sponsorship scandal. They continue to be distracted by their scandals and have been trying to micro-manage the response to the scandal. Only the Conservatives will create an independent body to make binding and final decisions to prosecute those responsible for breaking the public trust. Only a Conservative government can get on with the job of governing, to deliver accountable government that Canadians deserve.
1. Liberal Party of Canada, News Release, “Liberal Party Announces Measures in Response to the Gomery Report” (November 1, 2005).
2. Who is Responsible: Fact Finding Report, p. 435.
3. “Justice Minister Irwin Cotler said the Liberal government and the Liberal Party have come to a common understanding that $1-million is appropriate”: Daniel Leblanc, “Opposition Turns Up Heat on Two Fronts,” The Globe and Mail (November 4, 2005), p. A4.
4. Department of Public Works and Government Services, News Release, “Government of Canada Announces First Success in Agreement to Recover Sponsorship Funds” (August 16, 2005).
5. The entire story is recounted in the Court’s judgment, Beaudoin v. Business Development Bank of Canada (February 6, 2004), Quebec Superior Court, Court File No. 500-05-061128-003, Denis J., at paragraphs 608-615.
