Let senior GN bosses make ethics complaints: Integrity Commissioner

The 2012-13 annual report of the Nunavut Integrity Commissioner, Norman Pickell, was tabled — and made public — May 10, one day after MLAs voted to bar senior civil servants from taking ethics complaints about MLAs to the Integrity Commissioner. In the report, Pickell said senior civil servants should be allowed to request integrity act reviews. “Sometimes the only person who knows that a member may have breached the Integrity Act is someone within a department,” Pickell wrote. (PHOTO BY SAMANTHA DAWSON)

Senior civil servants should be permitted to ask for reviews of Integrity Act breaches by MLAs, Nunavut’s Integrity Commissioner Norman Pickell, said in his 2012-13 annual report. (See document embedded below.)

“Sometimes the only person who knows that a Member may have breached the Integrity Act is someone within a Department,” Pickell wrote in his report.

Pickell’s report is dated April 18.

But it wasn’t tabled in the legislative assembly until May 10, the day after May 9, when MLAs gave swift passage, with no debate, to Bill 67, which prevents senior civil servants, and many other employees, from going to the Integrity Commissioner if they suspect an MLA has committed an ethical breach.

Instead, such employees are expected to take the matter to the “appropriate minister or the premier” instead.

MLAs used house rules to pass Bill 67 with little discussion, giving it first, second and third reading in one day.

In his annual report, Pickell acknowledged that in some jurisdictions, only an elected member can ask the integrity commissioner to conduct a review.

“However, under Nunavut’s legislation, any person — whether inside or outside of Nunavut — can ask for a review of a member. That also means that senior civil servants can request a review. I agree with that approach,” Pickell said.

Those remarks were not available to the public when MLAs amended the Integrity Act to bar senior civil servants from making Integrity Act requests. And it’s not clear if MLAs got an early look at Pickell’s report prior to the May 9 vote.

He added that if an MLA follows the rules, they have nothing to fear.

“As long as a member is maintaining a culture of integrity, that member does not need to worry about being scrutinized by anyone, including a government employee,” Pickell wrote.

“Of course, if a member makes a practice of skating close to the edge, that member is almost inviting a request to have his or her conduct reviewed by the Integrity Commissioner.”

And Pickell reminded MLAs that the Integrity Act protects whistle-blowers from reprisals.

“Pursuant to section 31 of the Integrity Act, no employer can take or threaten any action with respect to the employment of any person because the person has provided information to the Integrity Commissioner,” Pickell said.

The integrity commissioner also used his annual report to explain the length of time it took for him to conduct his review into the conduct of South Baffin MLA Fred Schell.

Pickell said he received information on allegations against Schell this past April 23 from the secretary to cabinet, and by May 4 decided there were sufficient grounds for him to do a review.

After communicating with Schell’s first lawyer, Pickell decided he would have to hold a formal hearing in Iqaluit “so that witnesses could be examined and cross-examined.”

In early July, Pickell learned the earliest possible dates for such a hearing fell in September, so he asked for an extension beyond the 90-day time period for conducting a review.

After getting permission for the extension from the management and services board, a committee of MLAs, and consulting witnesses and lawyers, Pickell set a date of Oct. 10 for the hearing in Iqaluit.

That hearing wrapped up Oct. 15 and Pickell submitted his report into Schell’s conduct Oct. 29.

2012-2013 Annual Report of the Integrity Commissioner of Nunavut