Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Monday, June 17, 2013

MP Dean Del Mastro interfering in elections investigation, witness says

OTTAWA – A witness in an Elections Canada investigation has written to Prime Minister Stephen Harper and House of Commons Speaker Andrew Scheer complaining that Conservative MP Dean Del Mastro’s attacks on him appear to be designed to interfere with the investigation.

Last Thursday, Del Mastro, the parliamentary secretary to the prime minister, rose in the House on what’s called a “question of privilege” to complain that an investigation into his 2008 campaign financing was violating his rights as an MP.

Frank Hall, who ran Ottawa research company Holinshed Research, was named in a court order compelling him to release records to Elections Canada investigators who are looking into allegations Del Mastro’s campaign breached spending rules in the 2008 election.

Speaking on a point of privilege last week, Del Mastro wondered why Hall’s background wasn’t checked before the court order was issued.

Del Masto said “it is inconceivable that the presiding justice in this matter would not have asked the investigator quite simply, what do we know about Frank Hall? He is the person who has levelled all of these allegations against me.”

Elections Canada “would have found some concerning details, facts that I was able to assemble in a matter of a couple of hours, facts that are in some cases public record, facts that I provided to Elections Canada for its consideration many months ago,” Del Mastro said.

He did not provide more information about these “concerning details” but in a TV interview last week, he noted that Hall had commenced a small-claims action against him. The case was later abandoned..

Del Mastro’s comments are protected from defamation law by parliamentary privilege, which allows MPs to speak freely in the House of Commons without fear of legal sanction.

In his letter to Scheer, Hall complains that Del Mastro “gratuitously slandered” him behind the shield of parliamentary privilege, seeking to intimidate him and other witnesses in the case.

“I am attempting to comply with my legal duties, as a law-abiding Canadian,” Hall writes. “Mr. Del Mastro’s statements to you appear to be aimed at dissuading me from doing so.”

Hall asks the Speaker to protect him from further attacks, “so that I, and other witnesses can continue to carry out our legal duty to comply with subpoenas and to cooperate with public investigations of national importance, without fear of persecution or reprisal.”

He also asks Scheer to order Del Mastro to withdraw his remarks and apologize.

In his letter to Harper, Hall asks the prime minister to “put a stop to these shameful acts of interference and intimidation.”

“I should be able to assist in a legitimate investigation without fear of persecution or reprisal from my government,” he writes.

A spokeswoman for Scheer said Monday that the Speaker will reply to Hall’s letter.

The prime minister’s office did not reply to an email asking about the letter.

Del Mastro said in an email Monday that “parliamentary precedence in this matter is clear and absolute,” and quoted former Speaker Jean Sauve, who stated that attacks on a member of Parliament can prevent MPs from performing their duties since they may expose the MP to “hatred, contempt or ridicule.”

Del Mastro’s remarks in the House came the day after he did a series of media interviews calling on Elections Canada to either charge him or clear his name.  He complained that the investigation has been underway for more than two years. He did not name Hall in his media interviews, which would not be protected from defamation law.

Del Mastro said he had been told by investigator Allan Mathews in March that the investigation had concluded, yet there has been no comment on resolution of the case or, apparently, any changes.

According to court documents that came to light last year, investigators said there was reason to believe that Del Mastro and his campaign agent, Richard McCarthy, had exceeded their spending limit and tried to cover it up. The case centres on a  $21,000 cheque from Del Mastro’s personal account, paying Holinshed for telephone work, that wasn’t reported on his campaign return.

Last year, Hall gave documents to Elections Canada concerning his work for Del Mastro’s campaign in response to a court order from investigator Tom Ritchie. Ritchie’s sworn affidavit says that the campaign hid the expense and filed a “false document” – a falsified receipt  – to prevent it from coming to light.

Del Mastro says his paperwork was all properly filed.

Holinshed did voter contact and data work for about a dozen Conservative and Liberal candidates in the 2008 election. The company went into receivership in 2011.

According to a report in a Peterborough newspaper, former Progressive Conservative prime minister Brian Mulroney spoke at Toronto’s elite Albany Club in early May to raise money for Del Mastro’s riding association.

According to the Peterborough Examiner, the $600-per-person event raised $72,000 for the Peterborough Tories. The riding association’s president said the money might be used for Del Mastro’s to assist with legal fees incurred in the Elections Canada investigation.

There are no Elections Canada rules governing how riding associations may use their money between elections.

Also unclear is whether the Prime Minister’s Office approved of his parliamentary secretary’s involvement with Mulroney, who was once declared persona non grata by Harper.

Original Article
Source: canada.com
Author: Stephen Maher Glen McGregor 

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