February 3, 2003

Legal vs. Perceived Conflict

In a few weeks the few remaining pink salmon in the Broughton Archipelago will make their way down streams to the sea. As they pass fish farms they will be attacked by sea lice, and may become extinct. In 2002 the run was less than 5% of the previous year. It may not withstand another encounter with fish farms.

The BC Minister who is responsible for dealing with the upcoming disaster accepted donations to his 2001 election campaign from fish farms. One company that operates in the Broughton Archipelago donated $1,000 on May 15, 2002, just two days before the vote. At that time everyone knew who was going to win, so why would that donation be made at the very last minute?

British Columbians may never know whether Stan Hagen is legally in an apparent conflict of interest as the result of his duties and his acceptance of donations from the aquaculture industry, but that will not stop people from forming their own judgment on something that smells of rotting salmon.

Legally, Hagen is in a conflict if the Conflict of Interest Commissioner says so. The former Commissioner, Ted Hughes, made his first ruling on a matter of apparent conflict of interest. The ruling was against Robin Blencoe because the Minister dealt with a company whose principal had donated $25 to Blencoe's constituency association. After that ruling, everyone in the legislature knew that the Member's Conflict of Interest Act was not to be taken lightly. The current Commissioner has taken a much softer position when interpreting the Act. The Campbell government has put the current Commissioner in an unfair position by reappointing him without the unanimous consent of the legislature. In many minds that may put a political hue on future rulings, and may make a ruling with respect to Hagen's situation legally valid but politically worthless.

Of course, Hagen and the Campbell government could surprise everyone and order that salmon farms in the Broughton Archipelago be emptied during the seaward migration of the pinks.

When interviewed on January 30th by Peter Warren on the Rafe Mair show, Hagen said that decisions on the Broughton Archipelago would be made by staff on a scientific basis. Warren pushed Hagen for answers on who is responsible for the siting of fish farms only to be told that the Minister had nothing to do with it as the decisions were made by Land and Water BC. Anyone clicking on Land and Water BC's website will see a line that says "The agency reports to the Honourable Stan Hagen, Minister of Sustainable Resource Management"!

Perhaps Hagen is trying out a new concept of Ministerial non-responsibility. Who stands up in the legislature and answers for what those staff do? Who defends their budget in estimates debate? Who takes questions in question period? Not so fast Minister, you are responsible and the public knows who donated to your campaign.