NDP leader shows lack of judgment

Hey there, time traveller!
This article was published 17/12/2016 (3499 days ago), so information in it may no longer be current.

It is a long-held tenet that justice must not only be done, it must be seen to be done.

The citizenry will demand, with complete justification, that the actions of elected public officials be beyond reproach. Nobody expects politicians to be perfect, but when confronted with a crisis, it’s important they demonstrate a commitment to finding a just response.

This is not a new concept in politics. In fact, the smartest politicians, strategists and advisers have earned their stripes by demonstrating a keen instinct for doing the right thing at the right time, and ensuring that people were fully aware justice was being done. For many others, however, the idea of being seen to be doing right exists just beyond their grasp. Those others now include the Manitoba New Democratic Party.

This week, we finally learned that NDP MLA Mohinder Saran had been suspended following a formal complaint of sexual harassment. Legislative Speaker Myrna Driedger’s office is investigating. This is the appropriate action for any party or politician to take following an allegation of this type. Unfortunately for the NDP, the actions were taken far too late in the process to be seen as doing the right thing.

According to NDP sources, Interim Leader Flor Marcelino had been aware of the allegation against Saran “for some weeks” this fall but did not discuss it with staff or caucus. It was finally revealed to the NDP caucus in November. In the period of time between finding out about the allegation and bringing it to the attention of the elected caucus, Marcelino had been involved in “trying to find a resolution that would meet everyone’s needs,” a highly placed party source confirmed.

The sources said Marcelino made sure the woman involved was removed from Saran’s staff and provided with human resources support. However, the sources said when she failed in her bid to deal with the matter informally, Marcelino brought it to the attention of the NDP caucus and a formal decision to suspend Saran was made quickly.

That caucus meeting, the sources confirmed, was volatile and emotional. Several MLAs expressed their shock and concern, not only that Saran had been accused of sexual harassment, but that he had not been suspended from caucus sooner. The emotion boiled over when Marcelino expressed disappointment the female complainant had not opted for an “informal resolution” that could have kept the matter from becoming public.

Complicating matters is that this is not the first time Saran has been the subject of a sexual harassment allegation. The sources confirmed that on at least one other occasion while the NDP was in power, a female staff member made a complaint he had engaged in inappropriate language and behaviour.

Staff moved the complainant into the office of then-premier Greg Selinger.

It is unclear whether Marcelino knew there had been an earlier incident involving Saran. However, the combination of earlier efforts by Selinger’s staff to cover up an allegation against Saran, and Marcelino’s unfortunate decision to try to conceal the recent incident from her staff and caucus, are a damning indictment of a party that often claims to be the champion of women’s issues.

Ultimately, Marcelino will have to accept the lion’s share of criticism for this mess. However, there is room for sympathy here. The veteran MLA was a poor choice for interim leader, but was strongly supported by Selinger and his loyal supporters in caucus. Those who insisted Marcelino be made interim leader, and that included Saran, must share the blame for this debacle.

Since Marcelino took on the post, the NDP has been a rudderless entity, meandering through debates and question period with no discernible strategy. On several occasions, NDP MLAs have made grievous errors in judgment in approaching sensitive issues, while doing a poor job of holding the Progressive Conservative government to account. It should be said the government of Brian Pallister has provided many opportunities for an effective opposition. Obviously, the NDP isn’t providing effective opposition.

The caucus had a hand in producing this pitiful performance, but the leader must bear the brunt of the responsibility.

Marcelino’s actions must be viewed in the context of the examples set for her by Selinger’s staff in similar matters. For it was the decision of NDP staff to keep quiet the previous allegation against Saran, transferring the complainant involved but not taking any obvious steps to discipline the MLA.

The political fallout from the Saran scandal cannot be understated. The NDP has a precarious hold on his Maples seat; the Tories came within 127 votes of knocking Saran off in the April election, with the Liberals running a strong third. Saran is older and likely coming to the end of his political career. If he were forced out of caucus or resigned his seat, it is quite likely the NDP would lose this seat in a byelection.

Marcelino’s future is also uncertain. She and her brother-in-law, MLA Ted Marcelino, are also older and have had health problems. The stress of the interim leadership has no doubt taken its toll, with this latest scandal adding more to an already stressful job. One NDP source noted this scandal could “completely undermine our entire beachhead in the north part of the city.”

However, while there may be some sympathy for Marcelino, there should be no tolerance for the bad judgment she has demonstrated.

The allegations against Saran were serious and should have prompted a serious response that relied heavily on due process. It was foolish for Marcelino to attempt to mediate a resolution. It opens up her and the party to allegations they may have tried to persuade the woman involved to abandon her allegation to avoid the political fallout. That scenario got a big boost in credibility when one considers that the earlier allegation involving Saran was covered up.

Marcelino allies will argue she eventually did the just thing. Saran has been removed from caucus, and a formal and objective investigation has started. But her intrusion into due process, and the delay between first learning of the allegation and suspending Saran, are grievous mistakes in judgment. Marcelino may have ultimately done the right thing, but she will not be seen as having done right by the complainant. Which is to say, she did not do right.

dan.lett@freepress.mb.ca