Skip to main content
from the archives

The woman who drafted the Charter of Rights and Freedoms is stepping into an even stickier post as the arbiter of federal politicians' ethics.

Many observers say that the tenure of Mary Dawson will probably determine whether Canada's ethics commissioner becomes a credible institution or remains a political punching bag.

Ms. Dawson, a retired Justice Department bureaucrat, was nominated yesterday by Prime Minister Stephen Harper to be Canada's second ethics commissioner.

If approved by the House of Commons, she would replace Bernard Shapiro, who resigned in March after less than two years in office. During Mr. Shapiro's tenure, Mr. Harper responded to his criticisms by blasting him as a Liberal partisan, and MPs from all sides skewered his performance.

"This will be the determination as to whether the job is possible or not," said Howard Wilson, who was prime minister Jean Chrétien's ethics counsellor before the commissioner's post was created in 2004.

Any appointee needs unanimous approval from all parties, Mr. Wilson said, and once he or she has it, MPs should feel responsible for treating the commissioner in a civil fashion, or the office will not garner credibility.

Already, Bloc Québécois Leader Gilles Duceppe is casting doubt on whether Ms. Dawson will be confirmed by the House.

Her role as a senior official in the government's constitutional affairs and Canadian unity section from 1995 to 2003 raises questions about whether she had any involvement with the unity reserve, a little-known fund that paid for the inception of the sponsorship program, Mr. Duceppe said.

"I want to know if she knew about that fund, and if so, she would be a funny person to handle ethics," he said.

A Conservative government spokesman, Mike Storeshaw, said the government has no indication that Ms. Dawson "had anything to do with the unity reserve," but added that the Bloc can ask its questions at a parliamentary hearing.

Although Ms. Dawson has fans from several parties, like Liberal Leader Stéphane Dion and former New Democratic MP Ed Broadbent, there is still question as to whether anyone can stay out of the political crossfire.

At 64, Ms. Dawson has a long history as a Justice Department lawyer and an impressive legal reputation. As the lead drafter on the Constitution in 1981, she wrote and rewrote the language for the controversial amending formula as prime minister Pierre Trudeau and provincial premiers hammered out deals.

Now, she is expected to take on the role of conducting inquiries into the behaviour of federal politicians, administering both the code of conduct for MPs and a new Conflict of Interest Act, expected to go into effect when she takes office.

That act will give her expanded purview to probe the current and past conduct of more than 3,000 public officeholders, including ministers, very senior bureaucrats and political staffers. For the first time, she will have the power to impose fines.

But some, like Mr. Wilson, have raised concerns that the new act will make the job tougher because it no longer contains general principles that allow her to hold politicians to a higher standard than the law.

Also yesterday, Mr. Harper nominated Christiane Ouimet, the associate deputy minister of agriculture, to be the new public sector integrity commissioner.

She will be responsible for the Public Servants Disclosure Protection Act, which protects whistleblowers who report wrongdoing in the federal government.*****

The nominees are ...

MARY DAWSON

ETHICS COMMISSIONER

Ms. Dawson would oversee the new Conflict of Interest Act for public officeholders.

During her career in public service, which began in 1967, Ms. Dawson oversaw the drafting of the Charter of Rights and Freedoms and several statutes, including the Canada Labour Code, the Canadian Human Rights Act, the Federal Courts Act and the Judges Act.

CHRISTIANE OUIMET

PUBLIC SECTOR INTEGRITY

COMMISSIONER

Ms. Ouimet would be responsible for the administration of the new Public Servants Disclosure Protection Act, which protects public servants and Canadians who report wrongdoings in the federal government.

Currently serving as associate deputy minister of agriculture, Ms. Ouimet has also served as executive director of the Immigration and Refugee Board, the largest administrative tribunal in the country.

Unnati Gandhi

Follow related authors and topics

Authors and topics you follow will be added to your personal news feed in Following.

Interact with The Globe