The territory's conflicts commissioner has found that Economic Development Minister Jim Kenyon was not in a conflict of interest in his lobbying to get the government to pay for a spot at a veterinary college for one of his employees.

On Thursday, Kenyon released the letter conflicts commissioner David Jones sent to him about the matter.

Jones' letter, dated Feb. 23, deals with the questions Kenyon asked the commissioner in January about his involvement with pushing the government to buy a spot at the Western College of Veterinary Medicine (WCVM) for an employee of his veterinary clinic.

'I am requesting a review of my actions as an MLA, with respect to my support of a constituent seeking to gain admission to the Western College of Veterinary Medicine. This is in order to determine that they were consistent with the provisions of the Conflict of Interest (Members and Ministers) Act,' Kenyon wrote on Jan. 20.

In his response, Jones wrote: 'In summary, I conclude that the (sic) your representations, discussions and actions on behalf of the student in question did not breach the Conflict of Interest (Members and Ministers) Act or related provisions.'

The request to review the matter came from Kenyon in mid-January following the release of information from the Department of Education about the lobbying Kenyon did to get this employee (who, he said, is a constituent) a spot at the veterinary school.

The vet schools in Canada are split up by region and funded by all of the provinces in each region.

The Yukon government does not fund the WCVM like the four western provinces.

However, if a Yukon student applies to the school and is eligible, the student can be accepted if the government pays for the seat. For the student Kenyon aided, it will cost the Yukon $25,000 (the student still has to pay tuition). For any student starting in 2007 and beyond, it will cost the Yukon $60,000 a year.

In 2004, the Department of Education was informed by the school that there was a student eligible for acceptance.

The department replied that the government would no longer pay for the seat, closing the door on the woman being accepted through this path. The only other option is to try to go in as a foreign student, which is likely more difficult.

Upon discovering the government would not fund the seat, Kenyon began lobbying Education Minister John Edzerza to pay for the seat.

Kenyon has said that when Edzerza took the funding for the seat out of the budget in 2003, the two established that the money would go back in if there was an eligible student.

Since that was not what the department was doing, Kenyon fought with Edzerza until Premier Dennis Fentie agreed to bring the matter back to cabinet where they decided (without Kenyon present) to pay for it after all.

However, documents the Star obtained around the beginning of the year showed departmental officials pointing out there was a student who was eligible in 2003 but they were also turned down by the department.

While the opposition decried Kenyon pushing only his employee, he replied that he didn't know about the 2003 student. He said that person was 'screwed royally' by the department and should have had the seat paid for.

He questioned whether the department officials were out to make the Yukon Party government look bad.

Kenyon apologized to public servants for the comments, and made his request to Jones.

The opposition also had concerns they wanted Jones to address. They wanted him to look at the issue of one student getting the seat while another was denied and the problem of his tirade against the public servants.

Ultimately, Jones indicates in his letter that he can only deal with conflict of interest matters. He cannot deal with the matters of the department's funding of the spots, nor with the appropriateness of the minister's comments, he added.

In looking at the conflict of interest matter, Jones determined assisting the student does not help his private interest.

He points out that private interest is not defined in the law and therefore it is up to him to set out its meaning.

He turns to the Legislative Assembly Act for the definition. It states that it means the private interests of the MLA, their spouse and dependent relatives living in their home.

By that definition, the case does not fit as benefiting his private interest.

He doesn't see it benefiting him even though she works for him during the summers and Christmas break at his vet clinic.

'Although the student was an employee at the clinic owned by you, there is no evidence of any agreement, understanding or obligation that the student will return to work your clinic at the end of the student's studies,' Jones wrote.

However, he does not address whether Kenyon's vet clinic would benefit from her education each time she comes back before graduating, since she would presumably know more each time she returns due to her schooling.

Jones was also satisfied that the student was a constituent of his, although he says it is moot since he found there was no benefit to his interest.

He also looks at the cabinet ministers code of ethics, which extends the definition of private interest to 'friends and associates'.

The commissioner does not see it as applying to the case.

He said it doesn't apply because Kenyon was not the minister charged with making the decision and that there is no evidence that he used any information privy to him as a minister.

Kenyon was pleased with the commissioner's decision.

He noted that Jones wrote that a reasonable person who knew all of the facts would not believe his private interest was involved in the matter.

'If the opposition wants to continually define themselves as not reasonable, that's their prerogative,' Kenyon said.

Both opposition parties, meanwhile, have concerns with the verdict from Jones.

'I think clearly we need to strengthen the act,' Liberal Leader Pat Duncan said of the conflict of interest act.

She thinks the act should be improved so that members can be held to a higher standard of ethics.

She also remains concerned about the matters Jones couldn't deal with, including the fact one student received the funding while another did not.

'Government should ensure all Yukoners are treated fairly,' she said.

These other issues are why NDP Leader Todd Hardy wanted to avoid the conflicts commissioner altogether and instead hold a public inquiry, which could have a wider scope.

He noted it was Duncan who wanted it to go to the commissioner, despite his concerns about the narrowness of the commissioner's mandate.

'She got what she asked for,' Hardy said of Duncan.

He still wants an inquiry, but with this clean bill of health, he doesn't think Fentie will grant it.

Kenyon said he will inform Yukoners on just how much this review cost taxpayers once he has the total.