Democracy Watch Files Ethics Complaints

Democracy Watch on Tuesday filed complaints against a raft of folks – party-hoppin’ MP’s Belinda Stronach and David Emerson, and Prime Ministers Paul Martin and Stephen Harper.

In a rather unique turnabout, Democracy Watch also called on the Ethics Commissioner to resign as well, adding their voice to the already busy chorus.

Interestingly, Democracy Watch takes issue with the claim made by Prime Minister Harper, and various other pundits and editorials, that the on-going investigation into Stephen Harper and David Emerson exceeds the Commissioner’s jurisdiction.

Democracy Watch notes that while it agrees with Stephen Harper’s position that Cabinet appointments are solely within the power of the Prime Minister, it disagrees with Harper’s position that an investigation by the Ethics Commissioner into whether specific appointments comply with federal ethics rules exceeds the Commissioner’s jurisdiction. First, as the rules cited above make clear, the ethics rules apply to everything every federal politician does whether on the job or off and, second, the Ethics Commissioner does not have the power to reverse the Prime Minister’s appointment decisions only the power to determine whether the appointments comply with the ethics rules.

Emerson has said that he would resign if found to be in breach of ethics rules.

If I’m found guilty of any wrongdoing, I will leave. David Emerson

However last Friday, Emerson took several steps back from his earlier position and said:

I’m not going to cross that bridge until I come to it. David Emerson

Could the embattled Mr. Emerson be signalling his concern?

Legal avenues against David Emerson

There are a number of people pursuing different legal avenues in the on-going battle against the undemocratic moves made by Stephen Harper and David Emerson. A new website, www.DavidEmersonLegal.com, destined to become the go-to place to follow Emerson-related legal challenges, has just been launched by Vancouverite Dan Fass.

There has been much written about one legal challenge, the on-going and controversial inquiry by Canada’s Ethics Commissioner.

Two other approaches are being considered by riding residents and other interested parties. One legal approach, destined to be a long yet interesting road to travel, possibly resulting in far-reaching implications, considers whether the rights of Vancouver-Kingsway constituents were violated under Section 3 of the Canadian Charter of Rights and Freedoms.

The third approach, accessible to ordinary Canadians not just constitutional lawyers, asks the question of whether David Emerson violated Subsection 482 of the Canada Elections Act.

Dan has requested an opinion (PDF) from the Commissioner of Canada Elections Raymond A. Landry as to whether there are grounds to investigate a possible violation of the Canada Elections Act Subs. 482(b) by David Emerson.

Stay tuned for more on this story.