On April 16, NDP MP Libby Davies asked Parliament's Conflict of Interest and Ethics Commissioner Mary Dawson to investigate Conservative MP Helena Guergis on allegations she may have promoted a company that her husband, former MP Rahim Jaffer, was eyeing as an investment.
A few hours after Davies made her request, Dawson responded, saying there appears to be no grounds for an investigation under the Conflict of Interest Act but, as I read Dawson's letter, she has not (yet?) ruled out an investigation under the related but different Conflict of Interest Code of Conduct.
An NDP source tells me, late Monday: “We object to her initial decision, and we'll engage with the Commissionner on her interpretation of the act.”
Here's what Dawson wrote:
April 16, 2010
Ms. Libby Davies, M.P.
Member of Parliament for Vancouver East
House of Commons
Room 551S, Centre Block
Ottawa, Ontario KIA OA6Dear Ms. Davies,
This is in response to your letter of April 16, 2010, in which you request that I conduct an inquiry under the Conflict of Interest Code for Members ofthe House of Commons (Code) in relation to allegations you make against the Hon. Helena Guergis, Member of Parliament for Simcoe-Grey, regarding a letter sent to a municipal official in support of Wright Tech Inc., a company with which it is alleged that her spouse had a business relationship.
Upon receipt of a written request, subsection 27(3. 1) of the Code requires that I forward the request to the Member who is the subject of the request without delay, and provide them 30 days to respond. I have forwarded your request to Ms. Guergis and directed her to respond to your concerns under the Code.
You have also requested that I conduct an examination under the Conflict 0f Interest Act (Act) in respect of the same allegations. With respect to the Act, your request does not meet the requirements set out in section 44 for requesting an examination. In particular, you have not provided any information indicating that Ms. Guergis was acting in her capacity as a Minister of State. Therefore I cannot pursue your request under the Act at this time, but you may, of course, send me any additional information in this regard.
Please do not hesitate to contact Eppo Maertens, Manager, Reports and Investigations at (613) 943-3763 or myself at (613) 995-0721 should you require further information.
Mary Dawson
Conflict of Interest and Ethics Commissioner