Integrity Commissioner Lynn Morrison announced today that she will not be conducting an investigation into matters raised by Vic Fedeli, Member of Provincial Parliament for Nipissing.

“I have no inherent jurisdiction to carry out investigations in the nature Mr. Fedeli has suggested,” the Commissioner said. “My jurisdiction to conduct inquiries under the Members’ Integrity Act, 1994 is set out in sections 30 and 31.  Under those provisions, one member can raise a complaint about the conduct of another member.”

Mr. Fedeli did not reference section 30 or name or identify a member. The focus of his letter was the conduct of individuals he identified as “Liberal operatives”, none of whom are elected officials. The Commissioner’s jurisdiction under the Act deals only with the conduct of elected officials.

In requesting an investigation, Mr. Fedeli noted that the matters would ordinarily be brought to the attention of the Assembly, through the Speaker. The Commissioner agreed, saying this is the appropriate course to deal with the issue.

“Matters involving the Assembly’s confidence in the Speaker are not to be addressed by the Integrity Commissioner, but rather through the Assembly,” the Commissioner said. This issue was also considered in 2008 in the Commissioner’s Report on a complaint regarding the conduct of the Speaker (Report regarding Michael Brown).

 “As you will note in the Brown Report, there have been occasions where proceedings have been taken in the Assembly to deal with matters directly related to the conduct of the Speaker,” the Commissioner said.

“If the proper avenue for a complaint about the Speaker is to the Assembly when the complaint is directly about the Speaker, then the fact that a complaint merely involves the Speaker acting in his official capacity should not disqualify it from proceeding through the same channels.”

The text of the Commissioner’s letter to Mr. Fedeli follows.

Dear Mr. Fedeli:

I have reviewed your letter of July 30, 2013 in which you have asked me to commence an investigation into matters that would ordinarily be brought to the attention of the Legislative Assembly, through the Speaker.  You suggest that the Speaker is not able to deal with this particular matter because it relates to his office. 

I am writing to advise you that I will not be commencing an investigation.  I have no inherent jurisdiction to carry out investigations in the nature you suggest.  My jurisdiction to conduct inquiries under the Members’ Integrity Act, 1994 is set out in sections 30 and 31.  Under those provisions, one member can raise a complaint about the conduct of another member.  Your letter does not reference section 30 nor does it name or identify a member.  The focus of your letter is the conduct of individuals you have identified as “Liberal operatives”, none of whom are elected officials.  My jurisdiction under the Act deals only with the conduct of elected officials. 

Further, it is a fundamental principle of the Westminster Model that matters internal to the Assembly be resolved with resort to its own procedures.  In 2008, I had occasion to consider my jurisdiction to deal with a section 30 complaint regarding the conduct of the Speaker (Report Regarding Michael Brown).  In that report I determined that matters involving the Assembly’s confidence in the Speaker are not to be addressed by the Integrity Commissioner, but rather through the Assembly.  I enclose a copy of the report for your reference.  Please refer to paragraphs 18 to 24, which outline the special features of the Office of the Speaker, and to paragraphs 30 to 35 for my determination regarding jurisdiction. 

Turning to the conduct you wish me to investigate, it is intertwined with a decision of the Speaker.  Although you make no direct allegation against the Speaker, any inquiry into the conduct of these individuals would require assessment of the degree to which it is appropriate for the Speaker to receive submissions from, or have discussions with, any person in respect of a proceeding before the House.  At its core, any determination about the appropriateness of the Speaker’s rules regarding such discussions would necessarily deal with the confidence of the Assembly in the Speaker.

As you will note in the Brown Report, there have been occasions where proceedings have been taken in the Assembly to deal with matters directly related to the conduct of the Speaker.  If the proper avenue for a complaint about the Speaker is to the Assembly when the complaint is directly about the Speaker, then the fact that a complaint merely involves the Speaker acting in his official capacity should not disqualify it from proceeding through the same channels.

I wish to be clear that nothing in this letter should be construed in any way as commenting on or opining on the appropriateness of any of the Speaker’s actions. 

There has been media interest in your request that I conduct an investigation.  In the interests of transparency, I will be publicly releasing the reasons for my decision.

Please do not hesitate to contact me should you have any questions. 

Yours truly,

Lynn Morrison
Integrity Commissioner
 

Contact:
Cathryn Motherwell, Director
416-314-8983