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QUESTION PERIOD — Ethics and Conflict of Interest for Senators

Business of the Committee

February 16, 2023


Hon. Marilou McPhedran [ + ]

Honourable senators, I would like to ask a question, if I may, to the Chair of the Ethics Committee, Senator Seidman. Would you accept a question?

Yes, senator.

Senator McPhedran [ + ]

Thank you very much.

First, Senator Seidman, allow me to begin with an apology for standing to ask this question, not realizing that you had been delayed in another meeting. I want to assure you that I meant no disrespect with that. It was a mistake that I made.

I also wish to note that the Committee on Ethics and Conflict of Interest for Senators is one of only five Senate committees that are empowered to act on their own initiative, without a prior order of reference from the Senate.

Recognizing that the committee is responsible to conduct, on its own initiative, any review and study of all matters relating to the Ethics and Conflict of Interest Code for Senators, some time ago I submitted for your consideration a letter requesting attention to the current ethics code, following up on communications I have sent to the committee over the years that I have been in this place.

That letter was dated February 24, 2022. It was sent to you as chair, the deputy chair, all members of the committee, the committee clerk and the Senate Ethics Officer.

In so doing, I requested that our Ethics Committee undertake a study of the ethics code and I proposed eight areas of potential study — ranging from current financial disclosure requirements; examination of income from external board memberships and/or consultancies; Senate Ethics Officer transparency and reporting protocols, including protections and procedural rights for non‑parliamentarians impacted by such inquiries; and a recommendation to create an annotated commentary to the code to increase clarity and comprehension, particularly given how many appointments have been made to the Senate in more recent times.

These same issues were also raised as a part of my Inquiry No. 6, which is now concluded.

Senator Seidman, I wish to ascertain whether the committee will undertake to consider this study proposal. Thank you very much.

Thank you, senator, for your question. As you are aware, all meetings and discussions at the Committee on Ethics and Conflict of Interest for Senators are held in camera because of the high confidentiality of our work. Thus, I cannot respond to the particulars of your question. However, I can respond in more general terms and I do hope that will be helpful.

In response to your first question, the Ethics Committee receives correspondence regularly, and we always respond promptly to assure the individual that their letter or request has been received and that the committee will consider it. I have no doubt that you received such a response.

Second, with regard to your particular request for amendments, the committee works quite regularly with code amendments that have been suggested by senators or others. However, this work is quite regularly interrupted by urgent demands that require priority, as I am sure the chamber understands. In fact, the Ethics Committee has a regular program of review of the code and periodically puts out requests for input from senators and others.

You have seen the results of that weighing and considering of these suggestions because they must always be presented, debated and voted upon in this chamber. That is the result of our reports to this chamber, of which I myself, as chair, have presented several.

If I might add, we have been told that the Senate of Canada’s ethics code is one of the strongest of its type and is being used as a model for other legislatures.

The amendments that we, as a chamber, have made to date — and there have been quite a few rather important ones over the last few years — have been very constructive, and senators should be reassured by that. However, there is an ongoing process of updating the code and receiving suggestions from senators. When time permits, of course, we will do that and we will bring reports to the chamber.

I hope that this is helpful, senator. Thank you.

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