It is
interesting, and possibly a topic for many theses for political
science students, to compare the terms
of reference for the Gomery Commission with its recommendations.
It will be tempting for some to hold Stephen Harper to account
on whether he implements all of Gomery's recommendations,
but that would be unfair. Harper's "Accountability
Act" will be measured against Gomery's recommendations,
although they do not address identical challenges. Harper's
election promises included banning the ability of politicians
to become lobbyists and increasing the power of the Ethics
Commissioner, Information Commissioner and the Auditor General.
Gomery's recommendations go to the structure of Parliamentary
democracy: the accountability and power of civil servants
vs. ministers, the role of parliamentary committees and
the requirements a minister must satisfy in order to overrule
a deputy minister. Some of his recommendations reflect the
anti-politician ethic that has characterized much of the
last 20 years. Why would appointed deputies in a new culture
of integrity reflect higher ethics than those who are elected?
Deputies would have even more power and security under Gomery's
recommendations, while politicians would be even closer
to the caricature in "yes minister".
It is
probably not surprising that a judge might think that he
could restructure parliamentary democracy although his mandate
was far more limited. Canadians will be the losers if any
government acts on more than the spirit of Gomery's recommendations
without full informed debate. Everyone wants to see basic
controls similar to what British Columbians take for granted
at the provincial level. While the Campbell government can
be accused of abusing the Freedom of Information and
Protection of Privacy Act, reforms that the previous
government put in place with respect to budgeting and accountability
set some of the highest standards in Canada. Those who are
familiar with public administration in British Columbia
find it virtually impossible to imagine circumstances where
a scandal of the magnitude of the sponsorship and advertising
program could happen. Nevertheless, British Columbians know
that the provincial government routinely abuses publicly
funded advertising for partisan purposes; there may be some
lessons the province can learn out of the federal affair.
The
Honourable John Howard Gomery, a judge of the Superior Court
of Quebec, performed a great service in investigating questions
raised in the Report of the Auditor General. He should be
congratulated for his investigation but his recommendations
on major issues of public policy should be the topic of
widespread discussion and debate, and not adopted simply
because they are his opinion.
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