Federal government is running out of time to name a new ethics commissioner

Prime Minister Justin Trudeau's government says it has started a process to name a new ethics com‐ missioner - but it's not clear whether a new com‐ missioner can be ap‐ pointed before the current one leaves office.

Interim commissioner Konrad von Finckenstein's mandate will end Thursday. It has been a year since Canada's previous ethics commissioner, Mario Dion, retired.

Conservative ethics critic Michael Barrett suggested the government has delayed naming a new ethics commis‐ sioner because it wants to avoid scrutiny.

"It's no surprise that Justin Trudeau has delayed and meddled in this appointment because without a commis‐ sioner, there's no one to in‐ vestigate him or his minis‐ ters," he said.

If the ethics commission‐ er's position is vacant, the commissioner's office can't conclude investigations or launch new ones into wrong‐ doing by members of Parlia‐ ment or other public officials.

"Consultations are under‐ way in support of a proposed nomination per the Act and an announcement of a nomi‐ nation will be made in due course," said Privy Council spokesperson Pierre-Alain Bujold. He said the process involves consulting party leaders and the adoption of a resolution by the House of Commons ratifying the ap‐ pointment.

Bujold did not say whether a decision will be made before von Fincken‐ stein's mandate expires on

Feb. 29.

Bloc Québécois Leader Yves-François Blanchet con‐ firmed Tuesday evening that Blanchet has been "in‐ formed" of the government's proposed candidate. Late last week, the Bloc said it had not yet been consulted.

The Conservative Party and the NDP have not yet re‐ sponded to questions from CBC News Tuesday evening regarding whether their lead‐ ers have been consulted.

In his most recent appear‐ ance before the House of Commons ethics committee in January, von Finckenstein said he had not been consul‐ ted about a successor. When asked whether he had talked with officials in the Prime Minister's Office about an ap‐ pointment or reappointment, von Finckenstein declined to answer.

"Those are confidential conversations," he said.

The commissioner's posi‐ tion has been either vacant or filled on an interim basis for the past year.

A selection process for a new commissioner was launched on March 28, 2023, but the government has been tight-lipped about why it has taken so long.

Martine Richard was ap‐ pointed interim ethics com‐ missioner in March 2023 but stepped down on April 19 af‐ ter it was revealed she was the sister-in-law of cabinet minister Dominic LeBlanc. Von Finckenstein was named interim commissioner in Au‐ gust.

Barrett pointed to Richard's nomination and suggested the government is trying to avoid scrutiny.

"Justin Trudeau has led the most ethically compro‐ mised government in Canadi‐ an history," Barrett said. "He himself has twice been found guilty of breaking ethics laws and his government has been slapped with five ethics violations.

"If that wasn't bad enough, Trudeau was caught appointing a top Liberal cab‐ inet minister's family mem‐ ber to the ethics commis‐ sioner post, trying to rig the deck from the inside."

Barrett declined to say whether the Conservative Party has been consulted on a replacement. He called on the government to name someone who is beyond re‐ proach and impartial.

Bloc Québécois MP René Villemure said he has no idea why it has taken the govern‐ ment so long.

"When there is no com‐ missioner, no investigation can be started or concluded. So when there is no commis‐ sioner, the files accumulate on the desk of the next com‐ missioner," he said, pointing out that von Finckenstein in‐ herited a big pile of files to deal with.

NDP ethics critic Matthew Green also called on the gov‐ ernment to name a new ethics commissioner quickly.

"It's a critical moment and it requires, I think, the full at‐ tention of a newly appointed commissioner to provide oversight on the scope of ethical breaches or allega‐ tions of ethical breaches that might come up from time to time in the House," he said.

NDP calls out Liberals' track record on appoint‐ ments

Green said the Liberal gov‐ ernment has a track record of problems with filling ap‐ pointments but leaving the ethics post unfilled eroding public trust.

"It demonstrates a lack of risks seriousness by Justin Trudeau and his cabinet to have oversight and I think it further provides ammo to those who may have conspir‐ atorial views around corrup‐ tion and/or cover-up," he said.

"We need to have some‐ one who can provide that oversight who's not political."

Duff Conacher, cofounder of Democracy Watch, said the appointment process has been shrouded in secrecy.

Naming interim commis‐ sioners instead of formally appointing a new commis‐ sioner has allowed the gov‐ ernment to fill the position with hand-picked candidates without revealing how those interim commissioners were chosen, he said.

"It remains an open ques‐ tion whether the opposition parties will push for a quali‐ fied, independent and inde‐ pendent-minded ethics com‐ missioner or whether they will roll over and allow the Trudeau cabinet to again handpick in secret another ethics lapdog who has a weak enforcement attitude and record," said Conacher.