LEGISLATURE OFFICE: 501 Legislature Annex 9718 107 Street Edmonton, AB T5K 1E4 Phone: (780) 643-9110 Fax: (780) 638-3506

Danielle Smith, MLA Highwood Leader of the Official Opposition

CONSTITUENCY OFFICE: High River: #4, 28 12th Avenue SE High River, AB T1V 1T2 Phone: (403) 652-7100 Fax: (403) 652-7757 Okotoks: Unit 5, 49 Elizabeth Street Box 568 Main Okotoks, AB T1S 1A7 Phone: (403) 995-5488 Fax: (403) 995-5490

October 17, 2014 Ms. Marguerite Trussler, Q.C. Office of the Ethics Commissioner Suite 1250, 9925 - 109 Street NW Edmonton, Alberta T5K 2J8 Dear Ms. Trussler,

I am writing you today out of a concern about the ethics involved in directing government resources to announcements that feature candidates for the governing party in the middle of their by-elections. I ask that you investigate whether the Members involved have contravened the preamble, Section 2(1), 2(2), 2(3), and Section 3.

The preamble of the Conflicts of Interest Act sets a clear expectation that Members are expected to perform their duties of office and arrange their private affairs in a manner that promotes public confidence and trust in both the member and the Assembly as a whole. They are also expected to act with integrity and impartiality in reconciling their duties of office with their private interests.

Section 2(1), listing the first obligation for Members, states that any who take part in a decision that furthers their private interest are in breach of the act. Section 2(2) explains that they should recuse themselves from such decisions. Section 3 may even apply in that these Members, in their capacity as Minister or Premier, may be considered to have influenced decisions to further their private interest.

It seems perfectly clear that getting oneself elected in a by-election is a private interest. It also seems clear, as has been noted in the media, that these announcements featuring the governing partys candidates serve to further that private interest. The fact that various media commentators, including the main political columnist in the Calgary Herald and the political panel on Alberta Primetime (Oct 14), have spent time talking about how this practice is unsavoury but merely reflects past political practices in Alberta shows that these actions do the opposite of promoting public confidence and trust in the Assembly.

highwood@assembly.ab.ca

It should be obvious to these Members that standing on a government stage doing a major spending announcement in the very city you are also campaigning in is inappropriate. In our neighbouring prairie provinces of Saskatchewan and Manitoba, in fact, it would be illegal. Saskatchewans Elections Act (Part VIII) prohibits announcements by any ministry being publicized in the city or riding where a by-election is being held. Manitobas Elections Finances Act (Section 92) prohibits government announcements anywhere in the province during a by-election.

Keep in mind that these restrictions are not just for those who might be candidates in the by-elections, but any minister. These provinces recognize that while writs have been dropped, it is inappropriate for the governing party to use public resources to influence voters. What we have seen in the last few weeks is even worse: the candidates themselves making announcements of major government initiatives.

Given that there are still almost two weeks left in the campaign and the facts are fairly straightforward, I ask that you conduct your investigation as swiftly as possible so that you might prevent the Members in question form breaching the act any further, if that is what you determine is happening.

Thank you for your attention to this matter, and do not hesitate to let me know if you have any questions.

Sincerely,

Danielle Smith MLA, Highwood Leader of the Official Opposition

highwood@assembly.ab.ca