Democracy Watch is seeking to quash a decision that cleared Premier Christy Clark of conflict of interest in relation to political fundraising and her salary top-up from the B.C. Liberal Party.
The Ottawa-based advocacy group has filed a petition in B.C. Supreme Court to set aside an opinion by Conflict of Interest Commissioner Paul Fraser and let someone else hear the case.
The petition argues that Fraser’s decision was “unreasonable” and that he was in a conflict himself because his son, John Paul Fraser, is a deputy minister of communications and public engagement in Clark’s government.
“The petitioner submits that it is more likely than not that commissioner Fraser has a reasonable apprehension of bias which precludes him from making a fair decision,” the petition states.
Fraser said Wednesday that neither he nor his office had been served with the petition and that he had yet to see it.
He said it will be up to a court to decide whether his decisions were unreasonable and should be set aside.
On the issue of his alleged bias, Fraser noted that the other complainant in the Clark case, NDP MLA David Eby, stated that he was not prepared to ask Fraser to recuse himself based on his son’s position.
Fraser said in an interview he has no idea how his son’s work could impinge upon or be relevant in the context of Clark’s fundraising activities.
“I don’t know of any correlation or connection at all,” he said. “Unless somebody can demonstrate that there is, and nobody chose to.”
The NDP supported Fraser’s second term as conflict of interest commissioner in 2013 despite the fact Fraser’s son was already working for the government at the time.
The Opposition also supported making him a full-time commissioner last year.
“I hope in 2016 that the sins of the son don’t become the sins of the father or vice versa,” Fraser said.
The commissioner issued an opinion in May that rejected complaints by Eby and Democracy Watch accusing Clark of breaching conflict rules by taking part in Liberal Party fundraising events that charge up to $20,000 per person.
Democracy Watch argues that Clark was in a conflict of interest and benefitted personally from the exclusive events because the Liberal Party pays her a leader’s allowance of $50,000 a year.
But, in his decision, Fraser said he was unable to conclude that donations to a political party amounted to a private interest or a personal benefit for Clark.
“Helping to boost the party's financial well-being is a political benefit, rather than a private financial one,” he wrote.
Clark and Fraser have 21 days to file a response to the petition.
"We don't comment on matters being reviewed,” Clark’s office said in a statement.
“We know what the conflict commissioner ruled and we'll respond as required as part of the process.”
