$100 cocktails and investigations: lessons from the Ethics Commissioner

While the Coalition Avenir Québec (CAQ) could resume collecting donations in the coming months, the Ethics Commissioner, Ariane Mignolet, wants the rules regarding popular political financing to be clearer. She also wants to prevent requests for investigations presented by elected officials from becoming political “weapons”.

We are less than two years away from the next general electionpoints out Ms. Mignolet in an interview with -. I think it was important to come and say what is expected of elected officials when they engage in partisan activities.

The year 2024 was a source of questions which focused on these financing cocktailsshe adds.

This controversy, which prompted the CAQ to stop collecting donations, cast doubt on the practices of the party, which was accused of monetizing access to its ministers. Since then, one of the deputies who was at the heart of the affair, Louis-Charles Thouin, has been cleared.

This caquiste had invited municipal elected officials from his constituency of Rousseau to a fundraising cocktail, arguing that they could meet the Minister of Transport, Geneviève Guilbault, to discuss subjects which [les] worryfor a contribution of $100 to his political party.

Although he placed himself in a situation ambiguousthe MP did not commit a breach, concluded the Ethics Commissioner, who nevertheless feels the need to clarify the rules.

The Code [d’éthique et de déontologie des membres de l’Assemblée nationale] does not have a section on financingspecifies Ms. Mignolet.

In December, it published new guidelines which list behaviors to be prohibited for MPs and their staff.

One of the fundamental principles, she explains, is to do not suggest that participating in a fundraising activity gives you privileged access or the opportunity to discuss a specific issue.

It’s important that we don’t say to a citizen: “Come away! This is a good opportunity, you will be able to talk about your file to the minister who is there, who will be present.”

That doesn’t mean there have to be big signs everywhere saying: “Shh! We’re not talking about files.” But it’s important to tell citizens: “Now is not the time. This is not the time. Do you want to call my attaché next Monday? We will take care of your file later.”

And his recommendations don’t stop there.

A request for an investigation should not be a weapon

At the same time, the Ethics Commissioner is also proposing other measures to prevent requests for investigation submitted by elected officials from being used like a weapon against [leurs] opponents. Without citing a specific case, she admits that it is a constant worry.

It would be naive to think that it couldn’t be. We are in a partisan political contextunderlines Ariane Mignolet. I asked for some reinforcements. There are still guidelines that exist, but yes, it is a risk, and the commissioner in place must manage it as best he can.

Currently, the Code of Ethics and Professional Conduct allows it to refuse a request for an investigation if it does not contain reasonable grounds to believe that a breach has been committed. However, it has no room for maneuver to carry out prior checks itself.

There is an impact [inhérent] to investigationsrecognizes Ms. Mignolet. There is a stigma. Even when we arrive at a conclusion of non-breach, there is no one who likes to have this sword of Damocles hanging over their head. It’s important that there are limits. This is why I proposed other measures to strengthen this.

In a report filed in 2019, she suggested carrying out a preliminary examination, within 15 working days, to determine whether an investigation is necessary. It also proposes that no application can be made less than four months before a general election.

These two recommendations were never followed up on.

The CAQ on the way to taking over popular financing?

In light of the new guidelines issued by the Ethics Commissioner, the CAQ could also resume collecting donations in the coming months.

A discussion on this subject will take place during the party’s pre-sessional caucus, on January 21 and 22, indicates general director Brigitte Legault. One of the proposals considered by elected officials and the Executive Council is that ministers no longer participate in fundraising cocktails.

In the event that this political party resumes popular financing, Ariane Mignolet does not see a problem, especially if we take into account the fact that the other parties also use it.

It’s completely legitimateshe says.

Financing is a form of expression of democracy in our system and I am in no way saying that it is not correct. It’s just that it has to be done in accordance with the principles.

What she has more reservations about is the use of “Coaliste” in the constituency offices of elected officials in the CAQa platform in which the party registers data from the permanent electoral list, which also contains information of a partisan nature.

For example, staff can check the level of sympathy of a person who speaks to an MP, worries the commissioner in an investigation report concerning MP Sylvain Lévesque, tabled last November.

I’m not saying that it influences the treatmentspecifies the Ethics Commissioner. I’m not saying that the MP or a member of his staff sees this and decides to better handle a person’s file. It’s a question of appearances.

Appearances in this world, in this environment, are fundamentalshe insists. This means that we can ask ourselves questions if, for example, a constituency file has not been resolved so well. […] Just knowing that there is this access creates doubt which is not good for confidence.

She wishes that the CAQ and all other parties that use such a platform stop doing so in the constituency offices of their MPs.