Moved the adoption of the report.

He said: Honourable senators, I rise today on behalf of the Standing Senate Committee on Ethics and Conflict of Interest for Senators to speak to the second report of the committee, which concerns Senator Victor Oh.

For some context, in April 2017, Senator Oh took a trip to Beijing and Fujian Province, China.

On January 11, 2018, the Senate Ethics Officer initiated a preliminary review of the trip, and on March 22, 2018, he instituted an inquiry into the matter.

On February 18, 2020, the Senate Ethics Officer provided to your committee his inquiry report. The same day, the inquiry report was tabled in the Senate and became a public document.

In his inquiry report, the Senate Ethics Officer found Senator Oh in breach of paragraph 2(2)(c) and subsection 17(1) of the Ethics and Conflict of Interest Code. He concluded that Senator Oh failed to uphold the principle in paragraph 2(2)(c) of the code by failing to maintain a clear separation between his public and his personal affairs. He also found that Senator Oh breached subsection 17(1) of the code by accepting payment from his sister for the trip and by attending dinners hosted by Pantheon Asset Ltd., a Chinese investment advisory firm with Canadian operations, and by Xiamen Airlines.

The committee would also like to draw the Senate’s attention to certain observations offered by the Senate Ethics Officer in his inquiry report in relation to Senator Oh’s credibility and integrity during the inquiry process. Specifically, the Senate Ethics Officer identified a number of areas where Senator Oh attempted to mislead the inquiry, withheld information and gave incomplete testimony.

It should be noted that while the Senate Ethics Officer found breaches of paragraph 2(2)(c) and subsection 17(1) of the code, he did not identify any remedial measures, stating that none were available in this matter.

Nonetheless, the Senate Ethics Officer deemed that Senator Oh’s actions during the inquiry constitute aggravating factors that should be taken into account when assessing sanctions and penalties.

Regarding the committee’s study and findings, during the consideration of the inquiry report, the committee examined the Senate Ethics Officer’s analysis and findings in relation to Senator Oh’s breach of the code. The committee also took seriously the Senate Ethics Officer’s observation regarding Senator Oh’s conduct during the inquiry.

The committee determined that Senator Oh’s breach of the code and his conduct during the inquiry do not uphold the standards of responsibility and accountability inherent to the position of senator. The committee was concerned about Senator Oh’s apparent lack of candour and his attempt to mislead the Senate Ethics Officer during his inquiry, which impeded and delayed the inquiry process. The committee notes that this conduct does not meet the expectations of how senators should conduct themselves in respect to the enforcement process under the code, and that it constitutes aggravating factors for the purpose of assessing recommended sanctions.

Accordingly, the committee recommends that Senator Oh be censured by the Senate. Censure is a recognized formal expression of a legislative body’s disapproval of the conduct in which one of its members has engaged. Adopting this sanction would mean that the Senate agrees with the committee that Senator Oh’s conduct fell short of what was expected in this matter and would serve as a reminder of the importance of abiding by the code.

In conclusion, the public imposes a considerable degree of responsibility and accountability upon senators. To maintain and enhance public confidence and trust in the integrity of the Senate, and to provide greater certainty and guidance for senators when dealing with possible conflicts of interest, the Senate adopted in 2005 the Ethics and Conflict of Interest Code for Senators. The code establishes standards and a transparent process by which questions relating to the conduct of senators could be addressed.

All senators are expected to understand and uphold the principles of the code and contribute to the proper functioning and integrity of the code’s enforcement process; thus, the committee takes this opportunity to remind senators of their individual and collective obligations under the code. Senators are required to continually exercise due diligence, including in matters related to travel and understanding who is paying for their travel.

In this regard, the committee would like to provide clarification on what is expected of senators under subsection 17(1) of the code. Subsection 17(1) prohibits senators from accepting, directly or indirectly, gifts or benefits that could reasonably be considered to relate to the senator’s position. Senator Oh did this when he accepted payment from his sister for travel connected to the official portion of his trip. The exception found in subsection 17(2) of the code is that senators may receive gifts and benefits as a matter of protocol or hospitality. The travel accepted by Senator Oh went beyond this, and therefore did not fall within the exception.

Senators will recall that if they are making use of this exception and the gift or benefit exceeds $500, or the total of gifts from one source exceeds $500 over the course of a year, this must be specifically disclosed to the Senate Ethics Officer. This is outlined in subsection 17(3).

Beyond the question of travel costs are the activities that occurred on the trip. Senator Oh attended dinners in his honour, sponsored by entities that had interests connected with the senator’s position. While attending a dinner as a matter of protocol does not violate the code, accepting a dinner wholly in one’s honour where it flows from official meetings connected with one’s Senate work crosses the line; it is no longer a mere expression of hospitality that falls under the exception.

Colleagues, we must all be exceedingly careful with any gifts or benefits. In cases of doubt, the committee encourages all senators to seek the confidential advice and opinions of the Senate Ethics Officer to ensure their continued compliance with the code. Even if we are wholly within the rules, it is still useful to consider the perception of Canadians who may feel that groups or organizations are providing gifts and benefits to parliamentarians in an effort to secure access or influence.

Finally, the committee wishes to underscore that it considers any attempt to mislead the work of the Senate Ethics Officer or the work of the committee as aggravating factors in the consideration of sanctions. In that regard, the committee is considering further amendments to the code to underscore the importance of that principle.

It now belongs to each and every senator to examine the inquiry report of the Senate Ethics Officer and the second report of the committee in order to take the appropriate course of action.

Thank you, honourable senators.