Chipping away stonewall

The opposition party leaders issued a press release the next day.

"We're extremely disappointed that Mr. Balasko did not attend today's meeting to address the many questions that have been raised in recent weeks," Conservative Leader Hugh McFadyen said. "Manitobans want and deserve an honest and fair election process."

"Mr. Balasko's absence sends a clear signal that he is unwilling to provide this committee with the information requested on behalf of Manitobans," Jon Gerrard said. "We want to know why so little information has been provided by Elections Manitoba about the way the NDP altered returns and falsified expenses in order to increase their taxpayer-funded rebate."

Both leaders vowed to follow up, "to ensure that these serious issues with NDP election finance fraud and Elections Manitoba collusion are resolved well before the next provincial election in 2011."

Recently, Jonathan Scarth, chief executive officer of the Progressive Conservative Party of Manitoba, said, "Given the unwillingness of the NDP government and Elections Manitoba to explain why serious violations of the Elections Finances Act went unpunished, we have been reviewing our legal options."

Kevin Lamoureux, Liberal deputy leader said, "The Manitoba Liberal Party is not going to let the NDP's accounting irregularities be swept under the rug. We want, and will continue to demand, a public inquiry be held and that Mr. Balasko be required to answer our questions. We believe that without a full inquiry into this matter, that Manitobans will continue to doubt the independence of Elections Manitoba and their faith in our democratic process will be eroded."

The opposition parties are right. What's more, if the shoe were on the other foot the NDP would certainly be demanding a full inquiry.

A fair election means that each candidate and each party is treated, and seen to be treated, equally by Elections Manitoba. There is a stark contrast between the way three Conservative candidates and one campaign manager were aggressively pursued after the 1999 election for compliance with over-spending allegations and later investigated and prosecuted compared to the way Elections Manitoba dealt behind the scenes with the NDP candidates' amended financial returns.

The public didn't know that Elections Manitoba (instead of an NDP auditor) signed off on amended audits and quietly had the NDP central office repay $76,000 in rebates that it wrongly claimed in 1999 until a short statement appeared in Elections Manitoba's 2003 annual report.

That report was tabled at the end of 2004, long after the 2003 general election.

The public only saw the full significance of the questions surrounding the 1999 election when correspondence from Elections Manitoba's forensic auditor to Elections Manitoba was tabled at a standing committee hearing in May 2009.

Soon afterwards, Jim Treller, official agent for another NDP candidate in 1999, called for a public inquiry.

Elections Manitoba's current archives go up to -- but do not include -- the 1999 election.

Correspondence and invoices from Blair Graham show that Elections Manitoba staff relied upon his legal opinion on large and small matters ranging from amending legislation to administrative issues to investigations and prosecutions.

A June to November 1995 invoice lists 51 items. Graham has been legal counsel for Elections Manitoba for the last 23 years of Richard Balasko's 29-year career with the agency. Graham was appointed by then-minister of labour, Nancy Allan, to a part-time, vice-chairperson position on the Manitoba Labour Board in 2006, the same year that Michael Green assumed the investigation and prosecution role of commissioner of elections.

Some other jurisdictions in Canada, including the federal government, have appointed CEOs with a legal background. According to the most recent compendium of election administrations compiled by Elections Canada, the CEO is appointed for a specific period in some jurisdictions. This is the case in Quebec and Nunavut (both seven years), Alberta (one year after a general election), Saskatchewan and British Columbia (one year after every second general election) and the Northwest Territories (four years).

Then-finance minister Greg Selinger was reportedly shocked when he found out in 2003 that his 1999 financial return had been altered. He demanded and received a letter from the Manitoba NDP central office exonerating his campaign team from wrongdoing.

Manitobans have the right to know well before the next general election in October 2011 what really happened with the Elections Manitoba probe of the NDP accounting practices in the 1999 general election.

Elections Manitoba is exempt from Freedom of Information legislation. No more records have been deposited in archives since 2003. A complaint to the Institute of Chartered Accountants may or may not lead to a discipline committee public hearing. The courts may or may not provide the answers Manitobans are seeking.

Given the timing and the reluctance of the CEO of Elections Manitoba and his legal counsel, the surest route is a public inquiry.

It is simply the right thing to do.

Elizabeth Fleming is a Winnipeg writer.

Republished from the Winnipeg Free Press print edition November 28, 2009 A18