Feature: Moral and Ethical Ambiguity

 

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PERIODICAL - Mar 2011

Issue No: 201139

 

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Moral and Ethical Ambiguity

By Perry Gray, Chief Editor VVi

On 10 March, the former Public Sector Integrity Commissioner, Christiane Ouimet, finally appeared before the Commons Standing Committee for Public Accounts to provide her side of the story concerning her retirement prior to the release of a very critical report by the Auditor-General last year.  I was there along with Sean Bruyea and representatives of several advocacy groups as well as whistleblowers, who were supposed to be protected by the PSIC.

 

There are some good articles about this event and you can watch the session on CPAC:

 

http://ca.news.yahoo.com/pm-harper-defends-hefty-payout-disgraced-former-integrity-20110310-113818-059.html

 

http://www.metronews.ca/halifax/canada/article/799011

 

http://www.cpac.ca

 

If you do watch the 10 March session on CPAC, I recommend the previous session at which the Auditor-General gave testimony on the controversial audit report:

 

http://www.cpac.ca/forms/index.asp?dsp=template&act=view3&pagetype=vod&hl=e&clipID=4918

 

With regards to the 10 March session, the following personal observations were made:

 

Madame Ouimet refuted everything in the audit report, but did not explain why she retired rather than defend her actions.  It was also noted that she was unwilling to appear before committee when first asked in 2010.  Apparently she needed a long vacation in the sun to recover after her long exhausting work.

 

While she was sworn in and allowed to be accompanied by a lawyer, she seemed to ignore that she was required to answer truthfully.  Facts were not allowed to interfere with the telling of her emotional story.  One MP had to ask twice about answering his question and her lawyer had to remind her a third time.  By the way, the MP was trying to be supportive and it was not a tough question.  

 

Her staff only investigated 15 cases according to her testimony, while the audit report indicates the number was only 7. She decided that the majority of the 228 cases should not be investigated, although some were subjected to a pre-investigation (no one asked her define these two terms).  She seemed more focused on what she was not supposed to do rather what she could do. 

 

Her message was quite clear - she was the victim and she was forced to retire after 28 years service to Canada (and so lost 7 years of pay and pension benefits) because she was unfairly targeted.

 

Madame Ouimet did not explain why she felt that she had to sign a non-negotiable letter of resignation that was drafted for her and was negotiated by a lawyer representing her and one representing the Privy Council Office.  This was asked in various forms and her stock answer was she had no choice.  It seemed more like she was still a subordinate of a federal department rather than a commissioner appointed by Parliament.  It suggests that she was working for Treasury Board and PCO rather than Parliament.

 

After the session ended, I introduced myself and stated that she was a narcissist.  My intent was to upset her, but her lawyer cautioned her about responding too much.  I was hoping that she might make some interesting comments to the press, although she departed quickly forestalling more scrutiny.  This gave more time for the advocates and whistleblowers to speak with journalists.

 

As Sean Bruyea observed, "Not once did she say protect whistleblowers." 

 

The committee plans to invite both the former commissioner and the Auditor-General to a future session so that their disagreements can be discussed.  This may occur later  this month (March 2011).  Whistleblowers and advocates will be eager to attend.

 

It is now up to the remaining staff of the Office of the  Public Sector Integrity Commissioner to decide which of the outstanding cases merit a second look.  Hopefully, the majority will be investigated to demonstrate both that the office will be effective and will not waste government revenues (in other words taxpayers' time and money).

 

Prime Minister Stephen Harper said the government could not fire Madame Ouimet so the payout was the cheapest and fastest way to get rid of her.  This seems to be a common strategy as many Veterans are now realising.  It explains why VAC has been eager to implement the lump sum payment and then limit the payouts to paltry amounts (the average is less than $40,000).  It would be nice if all Veterans were treated to the generosity bestowed on Madame Ouimet  (over $500,000 plus lifetime pension).

 

There are other Officers of Parliament that should be better monitored by Parliament in the wake of the revelations discussed above.  They include:

 

 ·      the Privacy Commissioner (1983);

·      the Access to Information Commissioner (1983);

·      the Conflict of Interest and Ethics Commissioner (2007);

·      the Public Sector Integrity Commissioner (2007); and

·      the Commissioner of Lobbying (2008).

 

You can read more about them here:  

 

http://www2.parl.gc.ca/Parlinfo/compilations/OfficersAndOfficials/OfficersOfParliament.aspx?Menu=HOC-Officiers-Parliament

 

These officers are supposed to ensure that the federal government is accountable, responsible and ethical; however, they too may be guilty of moral and ethical ambiguity as was Madame Ouimet.  As the following article asks, who is watching the watchdogs:

 

http://www.theglobeandmail.com/news/politics/tory-appointed-watchdogs-reluctant-to-probe-wrongdoing-critics-charge/article1850545/

 

The session of the Public Accounts committee occurred during a week in which the government's activities were subjected to investigations of the Speaker of the House of Commons, Peter Miliken.  While the Prime Minister wants to concentrate on the economy, it is increasingly apparent that the next election should also be about good government as discussed in this article:

 

http://www.theglobeandmail.com/news/politics/speakers-contempt-rulings-add-ammunition-to-election-minded-opposition/article1935375/?asid=d585aee4

 

 The federal government may have an influence in the national economy, it can not control that economy which is affected by international economics.  After all most of Canada's business is conducted with the United States, the world's most influential economy.  In my opinion, it would be better for the federal government to concentrate on things that it can control like being accountable, transparent and all those other terms discussed in the last election.  It might also be responsible by focusing on decreasing the national debt which has increased to over $500 billion since the last election.

 

Good government is not just another abstract term as it is enshrined in the Canadian constitution and was part of the British North America Act which resulted in the creation of Canada in 1867.  Peace, order and good government (POGG) or paix, ordre et bon gouvernement are important principles to Canada.  

 

Veterans are asked to contribute to all three both nationally and internationally.  It would be nice if the various governments in Canada were also more effective in their contributions.  Why should Veterans be expected to adhere to such principles if governments do not?

 

Elections and daily government business should be about what governments can do, not what they can not do.  Governments can provide good leadership and good service, and not control the economy. 

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