Information & Ethics committee Generally, the intentions of the person providing the gift are not considered. Nor is the possibility that the person receiving the gift is likely to be influenced. So the criterion applied really is about the reasonable person.
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee That's right
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee Yes, it's a privative clause—
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee There is a privative clause under the Conflict of Interest Act, which is found in section 66. The remedy is a judicial review at the Federal Court of Appeal, because we're a section 28 tribunal. However, the grounds are very limited. There's no judicial review on a question of la
February 8th, 2018Committee meeting
Martine Richard
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee That's right.
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee No investigation would be undertaken for accepting a gift worth $30.
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee There is also case law supporting the proposition that confidentiality orders should just be in place while the investigation is ongoing and that, once it's been concluded and there's been public reporting, it ought not to be extended. The courts have looked at that very issue an
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee That's correct.
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee The gift must be acceptable. The declaration requires it to be acceptable.
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee That's right, except for the gift provision: “reasonably be seen to have been given to influence”. That is the only provision that really deals with appearance.
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee Yes. We do have a guideline available for assistance under the act. It sets out some of the parameters. As an example, trinkets would not be considered to be an issue. When we are dealing with the question of gifts, we're always looking to see what kind of dealings you may have,
February 8th, 2018Committee meeting
Martine Richard
February 8th, 2018Committee meeting
Martine Richard
February 8th, 2018Committee meeting
Martine Richard
Information & Ethics committee Under the act there is no definition of private interest, but we do have what is not considered to be of private interest. That's found in the definitions section: private interest does not include an interest in a decision or matter (a) that is of general application; (b) that
February 8th, 2018Committee meeting
Martine Richard