Six things the NDP did wrong — Part 1 1. The Expense Scandal In the election of 2009, Nova Scotia voters did what the NDP had been asking them to do for decades: They ditched the same-old, same-old parties, and handed the keys to an entirely new crowd. There was an air of expectation, if not euphoria, as citizens waited to see what this party of policy wonks would do to shake Nova Scotia out of its malaise. What they got for the first six months was… nothing. It had been obvious for at least a year that Dexter was odds-on favorite to...

Moments after Auditor General Jacques Lapointe's decision confirming Richmond MLA Michel Samson's eligibility for an outside member's housing allowance, but denying his current claim on the slenderest technicality, NDP House Leader Frank Corbett rushed out a news release. In it, he falsely stated that Lapointe had found "Samson lives in both Halifax and Arichat and as a result his residency cannot be the basis of providing a housing allowance to Samson." [Contrarian's emphasis] There are many things not to like in Lapointe's decision, among them, the time and ink he wasted dreaming up residency tests not found in any legislation governing MLAs' allowances....

After months of counting tiny beans, Nova Scotia's politician-despising, publicity-loving, limelight-hogging Auditor General has grudgingly conceded what everyone knows: MLA Michel Sampson Samson lives in Arichat and fully qualifies for reimbursement of necessary Halifax expenses. [See: news release. Full report (pdf)] Then, predictably, Lapointe found a mean-spirited technicality on which he could deny Samson those legitimate expenses. Samson's Halifax residence doesn't qualify because it's a "house" not an "apartment." What tendentious pettifoggery! The campaign to deprive this elected MLA of the tools needed to do his job effectively was cooked up by a not very discerning CBC reporter, who couldn't distinguish legitimate living...

It's natural for Auditor General Jacques Lapointe to believe all his recommendations should be implemented, and implemented promptly. Nova Scotia journalists certainly seem to have accepted that view, but is it necessarily so? In his latest report, and in the three press statements he released today to promote it, M. Lapointe complains that only 41 percent of his 2010 recommendations have been implemented to his satisfaction, and only 71 to 79 percent of the recommendations in his reports from 2007, 2008, and 2009. (He didn't add the "to his satisfaction" qualifier, but it's worth noting, since Premier Darrell Dexter complained that...

There's a lot less wrong with the rules governing housing allowances for MLAs from outside Halifax than reporters who rarely stray beyond the Armdale Rotary would have you believe. And there's a lot less than saintly devotion to cost control in Speaker Gordie Gosse's handling of the issue. samson-250Richmond MLA Michel Samson's living arrangements are full of the sort of ambiguities that professional couples face in the real world of life and work. He represents a constituency more than 300 kilometres from Halifax. To do his job properly requires him to spend significant amounts of time in both places. His wife, the lawyer Claudine Bardsley-Samson, works as manager of industrial relations for Irving Shipbuilding in Halifax. The couple have a three-and-a-half-year-old daughter who presumably needs to be settled in pre-school or day care. Unless you believe Claudine should abandon her profession for a life of barefoot pregnancies in an Arichat kitchen, their situation requires some juggling. And the juggling the Samsons settled on was for Michel to spend more nights in Halifax than is typical for an MLA representing a faraway constituency. He retains his house in Arichat, but the family also rented a house in Halifax, with the MLAs' housing allowance covering about half the rent. When a CBC reporter, sensing a local version of the Mike Duffy scandal, put a series of aggressive questions to Samson about his living arrangements, the MLA asked the Legislature's Conflict-of-Interest Commissioner and the House Speaker to review whether his housing expenses conformed to the rules. The conflict commissioner, retired Supreme Court Justice Merlin Nunn, made short shrift of the reporter's suspicions. In a letter you can find at the end of this post, he concluded there was nothing improper in Samson's reimbursement for the Halifax dwelling. Nunn also directed a few pungent remarks at the CBC reporter who raised the issue:
[I]t is vitally important that our elected members are not open to public denouncement on the whim of a media member who, without first pursuing the necessary facts, raises a suspicion which is akin to serious issues in one or more other jurisdictions, knowing it will be scandal and embarrassment to the person involved. We need the best members we can get and we must not put in their way a fear of baseless scandal and embarrassment brought on by immature and sensational reporting. Our elected members give up a great deal to serve the people of this province and should not be dishonoured to the public without a sound basis of facts to support the matter or claim being made.
Speaker Gosse somehow reached the opposite conclusion. He cut off Samson's housing compensation. Gosse won't explain the reasons, and we have only Samson's report that Gosse counted (or miscounted) the number of nights the MLA slept in the Arichat home he owns and speculated about the living arrangements of the MLA's wife and daughter, factors Justice Nunn correctly deemed irrelevant. Gosse-250If this is true, Gosse was making things up as he went along, applying rules that do not exist and flagrantly sexist assumptions about the nature of marital-work tradeoffs. Why might he do that? Gosse is a New Democrat who faces a tough re-election fight after his Cape Breton Nova riding was lumped in with traditionally Liberal Cape Breton South. Samson faces a similar problem. His tiny protected Acadian riding of Richmond, which he won five times by margins ranging from 47 to 55 percent, disappeared in the recent redistricting. Richmond County is now combined with paper mill town of Port Hawkesbury, where the NDP has some strength (having spent hundreds of millions to revive the bankrupt mill). A prolonged controversy about whether Samson lives in the riding he represents could conceivably tip the scales. Samson objected to Gosse's ruling, purporting to find several errors in Gosse's review of the facts. The speaker responded by referring the issue to Auditor General Jacques Lapointe. Sounds fair, right? Until you discover that Gosse had already consulted Lapointe, giving him a perhaps skewed account of the facts, and obtaining his informal concurrence. In short, having found Samson guilty based on rules and tests that do not exist, Gosse had a choice of referring the matter to the Conflict Commissioner (who he knew agreed with Samson) or the AG (who had already publicly agreed with Gosse, and who revels in scolding elected officials for their moral failings, real and exaggerated). He chose Lapointe. When the MLAs' expense scandal broke a few months after the NDP took power, Premier Darrell Dexter's petulant reaction demolished the NDP's not-like-the-others image. Now, with the days running out on its first term, the NDP has begun pandering to public hostility toward politicians. They've made a big show of retroactively confiscating disgraced MLA Trevor Zinck's pension—a matter that clearly ought to be decided in the courts. Now their caucus-attending speaker is retroactively applying rules that never existed to shame an opposition member who has nothing to be ashamed of. And the media scolds are delighted to pile on. More to come. And after the jump, Nunn's letter.

I’ve been trying to figure out why Jacque LaPointe sets my teeth on edge. I’d normally expect to like an aggressive Auditor General, but lately, Lapointe has become too much of a showboat. His demeanor changed after the MLAs’ expense scandal, when he seemed to transmogrify from reasoned second opiner to God’s Gift of Good Governance. Lapointe’s latest report to the legislature included a summary of how the 481 recommendations he made between 2005 and 2009 have fared: The overall implementation rate of our performance audit recommendations is inadequate. Only 63% of the recommendations in our 2005 to 2009 reports were implemented...

John Malcom doubtless didn't enjoy having to respond to a scathing Auditor General's report on his last week as CEO of the Cape Breton District Health Authority. Doing so, however, gave him one last chance to demonstrate the exemplary leadership he displayed in 15 years as head of the authority. Jacques Lapointe released a harsh report on operational shortcomings at the district and provincial levels that contributed to two outbreaks of C. difficile bacteria—infections that caused five deaths. "As CEO, the biggest mistake is my mistake," Malcom told reporters Wednesday, in response to the report. "I under-resourced the infection control department. So I...

Graham Steele and I had a further email exchange. I suggested he had not answered the question at the heart of my original query: Why didn't you (or, if you wish, why didn't [Cabinet Clerk Greg] Keefe) simply waive solicitor client privilege in these cases? [caption id="attachment_5552" align="alignright" width="250" caption="Canny Mandarins"][/caption] I added: A second question that I didn't ask, but which still hovers over this: Is this a sign that the NDP government, with its very small cabinet, is falling prey to a classic malady of new governments, especially new governments whose ministers have no experience in government: that of being unduly led...

At first blush, Auditor General Jacques Lapointe's refusal to issue an audit opinion on the province's two largest business loan funds looks like another in the lengthening string of Dexter Government screw-ups. This is the NDP, for heaven's sake, perennial champions of openness and accountability, withholding 281 documents and redacting a further 32 on grounds of cabinet confidentiality and solicitor-client privilege, thereby thwarting independent scrutiny of the corporate welfare trough they once scorned. Solicitor-client privilege protects communications between a lawyer and a client from being disclosed without the permission of the client. It binds the lawyer, not the client. In the...

Back on February 15, Contrarian had the temerity to opine that the MLAs' expense scandal was pretty small potatoes—more a matter of public begrudgery than actual wrongdoing. This evoked private expressions of appreciation and gratitude from MLAs and political aides of all parties—and howls of indignation from readers (here, here, and here). Events swiftly made my apologia seem naively over-generous. Two MLAs resigned, a third was kicked out of government caucus, and Premier Darrell Dexter, who built his career on his seemingly perfect ear for public sensibilities, turned suddenly, stubbornly, and uncharacteristically tone-deaf when his own personal expenses fell under scrutiny. Much...