The Sixth Estate

Harper Minister Tries to Influence Court Decisions, Resigns Instead

Events of the past week have demonstrated what the limits of responsibility are in the Harper government. Violating the ministerial code of conduct is fine — Jim Flaherty’s letter to the CRTC, for instance. Expensing a $16 glass of orange juice — okay, too. Bilking tens of thousands of dollars from taxpayers through residence flimflammery, like Mike Duffy or several other senators — also good. Sexual assault, however, is not okay — Patrick Brazeau.

Which is why I have to wonder very seriously why it is that Aboriginal Affairs minister John Duncan has announced his surprise resignation over a letter he sent to the Tax Court almost two years ago on behalf of a constituent. It’s a very long time ago and it’s the sort of influencing that the Prime Minister has tolerated in the past from Flaherty, amongst others. It can’t be Duncan’s own decision to “accept responsibility,” which is how it’s being spun, or he would have resigned a long time ago — or, better yet, have never sent the letter in the first place.

That said, Canadians very much need to know the details of this alleged incident. The rules that caught up Minister Flaherty a few weeks ago are just slightly ambiguous, because it’s commonly accepted that backbench MPs can lobby so-called “quasi-judicial” councils like the CRTC on behalf of constituents, whereas ministers are not allowed to.

But the Tax Court of Canada is not a quasi-judicial organization. It is a judicial organization. The rules were written the way they were because it was assumed that no Cabinet minister would be bone-dead stupid enough to do this. What was Duncan thinking? Who was he intervening on behalf of? What were the contents of the letter? What was the expected result?

Imagine, by way of comparison, that one of our Cabinet ministers wrote a letter to whichever judge Senator Patrick Brazeau will be appearing in front of on his sexual assault charges, trying to influence the outcome. This would be an unthinkable abuse of the justice system. Well, guess what: it’s the same thing. The Tax Court is a court too, even if it isn’t exactly a high-profile one.

7 Responses to “Harper Minister Tries to Influence Court Decisions, Resigns Instead”


  1. Sam Gunsch

    SE said: ” it was assumed that no Cabinet minister would be bone-dead stupid enough to do this”

    Comfortable positions of power have a way of generating exceptional levels of stupid.

    I think it’s the underlying premise, or one of them, that is foundational to the Dilbert cartoon strip.


  2. Sam Gunsch

    Of course I ought to allow that Duncan simply didn’t think it through.

    Rather than imply stupid hubris on his part.

    Elizabeth May once made public her judgement of his decency in a written appeal to him imploring he act on his personal decency rather than fall in line with HarperCon machinations.


  3. Anon

    Actually the real question, as you have implied too, is why now, especially when Deficit Jim, a higher profile Minister and more recent example, apparently was tolerated by Harper? What did Duncan really do that must have angered Harper, one has to wonder.


  4. me-me-me-its-all-about-me

    Is Harper actually starting to get worried that this steady drip-drip-drip of misconduct is gradually sinking into the public consciousness? Even with most of the MSM acting as the regime’s outer defenses?

    Or did this guy do something else to put himself in the dog house? Remember Harper’s infamous announcement on national TV that he was firing Helena Guergis as a cabinet minister, kicking her out of the party and asking the RCMP to open a file on her? (If he gets pissed-off with you, watch out!)

    Or … Did this guy just decide he had had enough and didn’t want to be a ‘target’ for the opposition?

    I guess it boils down to whether he jumped or was pushed. Certainly his conduct was above the low bar that Harper has set for these things.


  5. crf

    Duncan probably thought he was fighting on the side of the angels. After all it was the Prime Minister who said, in complete seriousness: “I don’t believe that any taxes are good taxes”.


  6. G.J.W.

    All Dictators through many decades, have degenerates to do their dirty work for them. Or, threaten those who disagree with them. The media is the very first thing a Dictator controls.

    Harper has had more than a few. iffy people working for him. Ex BC Liberal Premier Gordon Campbell, Bruce Carson. Two Americans Wenzel and Parker, participating in Conservative campaigns….Such as, people don’t like Liberals around here. Toews, Boessenkool, Brazeau, the robo-call crew, Front Porch Strategy’s, Duncan. Who knows what else will crawl out from under their rocks. What the true story is behind Duncans resignation, we will likely never know.

    However, they don’t call Harper, spiteful Stevie for nothing you know.

  7. Patrick Brazeau will get no quarter because he is Native. Rahim Jaffer had to be thrown under the bus because not only did he lose a riding in Alberta where a horse dead from a chuck wagon accident at the Calgary Stampede would get elected as long as his sides said he was a Con, but he is the other kind of Indian. Helen Guergis is a woman, and Oda is a woman and Asian.

    Duncan could have toughed it out, being an old white guy and all, just like Bruce Carson, Gazebo Clements and Flatulent Jim Flaherty. Old white guys have immunity powers in Harperland!

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