Conflict ruling clears B.C. premier, but shows B.C. laws are ‘badly broken’: NDP

VANCOUVER – A report clearing British Columbia Premier Christy Clark of allegations of financial conflict is clear evidence that the province’s conflict of interest laws are “badly broken,” says the Opposition MLA responsible for filing the original complaints.

David Eby said he was disappointed conflict commissioner Paul Fraser found that high-priced, exclusive fundraisers and a stipend paid to the premier by the B.C. Liberal Party are not conflicts because they do not amount to a “private interest.”

“The effect of the decision is licence for the B.C. Liberal party to charge whatever it wishes for access to the premier and to funnel an unlimited amount of money and benefits back to the premier without any risk of violating B.C.’s conflict of interest rules,” Eby said in an interview Thursday.

“The report is clear evidence, if anybody needed it, that the law in B.C. is badly broken and needs to be reformed. These are activities that are banned in other provinces and they need to be banned in British Columbia.”

The report, which was released late Wednesday, follows a pair of complaints that alleged expensive fundraisers attended by Clark breached the Members Conflict of Interest Act because they result in her receiving an illegal gift.

The Liberal party has confirmed that it pays Clark a stipend of up to $50,000 a year for party work on top of her $195,000 annual salary.

Fraser disagreed with the complaints, saying in his report that the stipend was not a private benefit but rather a political one.

“The general concern is that it is inappropriate for politicians to ‘sell access’ to themselves in this manner,” Fraser wrote.

The advocacy organization Democracy Watch, which also filed complaints over the stipend and fundraisers, was looking into the possibility of asking for a judicial review of the ruling, said co-founder Duff Conacher.

“I do not understand how the commissioner can see money going into the premier’s pocket as only a political benefit and not a personal benefit,” Conacher said.

Conacher filed a complaint last month following reports that Clark participates in fundraising events where people pay thousands of dollars for exclusive access to her.

The group has also called on B.C. to follow Quebec’s lead and lower the political party donation limit to $100 or $200 so wealthy interests can’t influence parties and politicians.

“Hopefully voters across B.C. will be writing their politicians calling for this change to stop this, because the commissioner has failed to do so,” said Conacher.

Clark said she isn’t surprised the commissioner ruled in her favour. She also rejected the notion that B.C.’s conflict of interest laws are broken, insisting the system is transparent.

“A conflict arises when there’s an obvious connection between a decision that government has made and money that government has received. And that’s right. That’s what the system is there to protect us against,” she said.

“I don’t think anybody’s made any allegation that that’s happened under my watch.”

Eby said one of the main reasons for inaction on the part of the premier is because she’s profited so handsomely from the existing system.

“I believe that that amount of money is influencing her decision-making about banning large union, corporate donations and donations from wealthy individuals,” he said.

Fraser’s report also countered Eby’s description of the stipend as being donations “laundered” through the Liberal party.

The money raised at the exclusive events goes to the B.C. Liberal Party and Clark cannot access it for her personal use, Fraser said, citing evidence from the party president and the premier’s lawyer.

“It is my opinion that the premier was not in an apparent conflict of interest … by virtue of participating in exclusive fundraising events for the B.C. Liberal Party or by receiving a leader’s allowance from the B.C. Liberal Party,” he wrote.

— Follow @gwomand on Twitter