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Alberta Premier Daniel Smith speaks in Edmonton on May 15. JASON FRANSON/The Canadian Press
It's clear Alberta Premier Daniel Smith is feeling the wind. This is reflected in a series of policy choices this spring, including the assertion of government authority over local governments through the criticized Bill 20.
But it's also reflected in her United Conservative Party's push to appoint a former UCP nominee as provincial ethics commissioner.
This is not against Sean McLeod himself. As UCP members have noted, he is a lawyer, has high-level experience in both the public and private sectors, and, importantly, is the first Indigenous person appointed to the position.
But the fact is that McLeod, who will be sworn in for a five-year term as Alberta's new ethics commissioner this month, was seeking the UCP nomination in Edmonton Riverview just five years ago.
The individual may not be blamed. But appointments are not.
Alberta's Ethics Commissioner is an independent officer of Parliament, guiding 2,200 political staffers, officials and MLAs through the ins and outs of conflict of interest laws. This committee provides consultation on issues such as gifts, investments, and post-political employment, and also investigates complaints (more on this later).
An all-party parliamentary inquiry committee recommended Mr McLeod's appointment. But four Alberta NDP MLAs on the committee disagreed, writing in the minority report: .. The risk of being perceived as biased is clear. ”
To use an example of another important appointment at a different level of government, recall the appointment of David Johnston as Special Rapporteur on Election Interference in 2023. The Conservative Party and Bloc Quebecois quickly questioned his impartiality, citing his long friendship with the Trudeau family and his role with the Pierre Elliott Trudeau Foundation. This is especially true given that part of Mr Johnston's remit was to investigate whether Downing Street was taking seriously enough intelligence warnings about foreign interference, including that involving other countries. was extremely important.
The fairness issue provided ample room for criticism when Mr. Johnston opposed a public inquiry and concluded there was no evidence the government ignored CSIS's report on Chinese election interference. It was eventually discovered that the lead lawyer in the investigation had donated to the Liberal Party. Johnston ultimately resigned, citing a “highly partisan atmosphere.” But even NDP Leader Jagmeet Singh said, “The problem from the beginning was that Mr. Johnston answered to the premier.”
All of this is not to deny that Mr. Johnston is an honorable man, but he has been given less time and resources than are currently being allocated to the investigation overseen by Judge Marie-José Hogue. . He remained unqualified for the job, as respecting his conclusions required distancing himself from the people he investigated.
The same is true for state ethics commissioners, and Ms. Smith needs to understand the need for distancing. She made a career out of criticizing the nepotism of her Progressive Conservative Party in her past political career, when she served as leader of the upstart Wildrose Party more than a decade ago.
That history was explained in parliament last week by Alberta NDP Leader Rachel Notley, who called McLeod's appointment by former Wild Roses, who have fought hard to combat PC-sponsored posts, “the next level of hypocrisy.” He explained.
Notley also noted that McLeod has made multiple political contributions to the UCP. NDP colleague MLA Irfan Sabir said McLeod held a powerful advisory position on the executive committee until February, close to the prime minister's office.
The premier's ethical standards should be especially high, given that he has been criticized by current (and outgoing) ethics commissioner Marguerite Trussler. Following an investigation last year, Trussler concluded that the premier sought to influence Alberta's justice minister for the benefit of a street preacher charged for his role in the 2022 border closure in Coutts, Alta. “Interference in the administration of justice is a threat to democracy,” she wrote.
Trussler's contract was not renewed. Her successor will be Mr McLeod.
In the end, the UCP will ignore the Alberta NDP and the media on this issue. But it still matters because awareness matters. If citizens feel that the system is rigged, they will continue to lose trust in the system. The truth is, even 20 years ago, UCP MLAs would never have voted for a candidate seeking the NDP nomination.
The UCP will argue that it would have been difficult to find an ethics commissioner without political connections. But surely there could have been someone further removed from partisanship and power than this.
