Thursday, January 10, 2008

Beyond the call of normal duty? No... Exceeded his authority.


Aha! We have a new Harperite code for Abused His/Her Authority. (Emphasis mine)
Natural Resources Minister Gary Lunn should be "commended" for his decision to re-open a nuclear reactor against the advice of the country's nuclear watchdog in order to relieve a worldwide shortage of medical isotopes, the prime minister said Thursday.

"I think the minister of natural resources, in fact all the ministers of the government who worked on this file, are to be commended for acting, frankly, beyond the normal call of duty to ensure that the Canadian medical system was not needlessly endangered by decisions made by the president of the nuclear commission," Stephen Harper said during a New Brunswick press conference.

Acting beyond the normal call of duty.

Let's be clear here. Lunn had no authority to order a nuclear reactor to be re-started. Absolutely none.

The Nuclear Safety and Control Act (1997) establishes the existence and execution of the independent non-departmental quasi-judicial body known as the Canadian Nuclear Safety Commission. The role of the minister responsible? To table reports to Parliament which originate at that commission.

The CNSC is answerable to Parliament; not a minister. A minister has no authority to issue orders to any quasi-judicial body.

And just in case Harper and Lunn thought they didn't know better, it's actually included in their own Privy Council Office direction for Accountable Government, Part II, section 7.

The nature of the relationship between a Minister and an administrative tribunal with independent decision-making or quasi-judicial functions is a particularly sensitive issue. Ministers must not intervene in specific decisions of those bodies. Specific guidance governing Ministers’ dealings with quasi-judicial tribunals is included in Annex E, as are guidelines on Crown corporations in Annex F.

Is that clear enough? MUST NOT INTERVENE.

What part of that does Gary Lunn not understand? In fact, it would appear Harper doesn't get it either.

Perhaps a little amplification is in order. From the PCO Accountable Government Annex E - Dealings With Quasi-Judicial Tribunals:
Ministers and Secretaries of State shall not intervene, or appear to intervene, on behalf of any person or entity, with quasi-judicial tribunals on any matter before them that requires a decision in their quasi-judicial capacity, unless otherwise authorized by law.
And...
Ministers, Secretaries of State and their staff cannot intervene on behalf of any person or entity with a quasi-judicial agency on any matter before it that requires a decision in its quasi-judicial capacity.
Is that now clear enough?

So, Gary Lunn violated the Privy Council Office's own rules regarding the conduct of ministers. He did so with certain knowledge of his actions.

In any other government Gary Lunn would be out on his ass. Gary Lunn's issue of his December 10, 2007 Directive to the Canadian Nuclear Safety Commission Regarding the Health of Canadians was not lawful and possessed no force. In fact, it was a violation of the rules of Accountable Government as issued by the Privy Council Office. In short, Gary Lunn far exceeded his authority in attempting to interfere with the CNSC.

Lunn's further action, a letter to CNSC president Linda Keen, serves to exemplify his total disregard for the rules governing the behaviour of ministers of the Crown. Lunn threatened to fire Keen for behaving exactly as she is expected to behave as the head of an independent non-departmental quasi-judicial commission.

But to Harper, this is now beyond the normal call of duty.

Which goes to prove Harper doesn't make a differentiation between duty and limits on authority or policy and politics.

POGGE has taken the time to explain why.

And Harper is a liar.

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