Whitehorse Daily Star

MLA's concern was justified: ruling

Liberal MLA Don Inverarity was justified to file a complaint with conflicts commissioner David Jones, the commissioner has ruled.

By Chuck Tobin on April 10, 2008

Liberal MLA Don Inverarity was justified to file a complaint with conflicts commissioner David Jones, the commissioner has ruled.

In his decision released Tuesday, Jones found cabinet ministers Jim Kenyon, Archie Lang and former minister Peter Jenkins not guilty of conflict-of-interest allegations raised by Inverarity.

In a subsequent letter to Speaker Ted Staffen, however, the conflicts commissioner noted when he receives a complaint, he is responsible for not only investigating it, but also determining whether it was justified.

"Given the uncertainty created by Mr. Kenyon's comments, in my opinion it was reasonable for Mr. Inverarity to make a complaint for there to be a

determination about whether Mr. Lang was in a conflict of interest," Jones states in his letter to Staffen.

The Liberals raised allegations in the legislature recently, suggesting Kenyon spoke with Lang and Jenkins while they were ministers about proposed changes to the Liquor Act, which both would have a direct interest in as hotel owners.

Premier Dennis Fentie called upon Jones to investigate as a means of dealing with the wild accusations, and Inverarity filed his own complaint.

Jones delivered his decision to Fentie on Tuesday, after reviewing comments made by Kenyon in the legislature and during a radio interview, and after interviewing Kenyon, Lang and Jenkins.

He accepted Kenyon's subsequent clarification to the legislature that all discussions occurred prior to the Yukon Party taking office in 2002, while developing the party's election platform.

But he also found that Kenyon's initial comments to the legislature and the CHON-FM reporter created confusion.

Both opposition leaders said they accepted Jones' ruling.

NDP Leader Todd Hardy, however, said he found it interesting that going back as far as he can recall, he can't remember the conflicts commissioner ever finding a conflict, and there have been a number of complaints under different governments.

Hardy put a motion forward Wednesday asking for a review of the act that guides the conflicts commissioner.

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