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Nigel Wright Probe: Ethics Commissioner Has Limited Ability To Penalize

His Greatest Punishment May Just Be A Report
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OTTAWA — The NDP will be asking the ethics commissioner Thursday to reopen a probe into Nigel Wright’s $90,000 cheque to a sitting senator, The Huffington Post Canada has learned. But even if Mary Dawson reopens her investigation into Wright’s actions, any penalty she could levy against Prime Minister Stephen Harper’s former chief of staff will be minor.

During his time in the Prime Minister’s Office, Wright was subject to the Conflict of Interest Act, which bans public officer holders from giving preferential treatment. Wright has acknowledged he wrote a personal cheque for $90,172.24 to repay Senator Mike Duffy’s inappropriate housing expenses. The RCMP alleged in court documents that Wright cooked up a deal to repay Duffy’s expenses if the senator stayed silent and didn’t participate in an audit into his housing claims.

Emails published in those court documents also indicate Wright tried to direct a Senate committee reviewing Duffy’s housing expenses.

On Tuesday, the RCMP confirmed it had dropped its investigation into Wright’s actions and would not be laying any charges. The Mounties’ investigation into Duffy’s actions continues.

However Dawson, the ethics watchdog, is still mulling whether or not to reopen her investigation. She had to suspend her conflict-of-interest probe into Wright’s involvement in the Senate scandal after the RCMP began its work.

But even if Dawson re-opens her probe, Wright may face few penalties if she finds against him. The ethics watchdog won’t be able to fine him — fines of up to $500 are only imposed for administrative errors or failures to disclose, her office confirmed. She will only be able to conduct an examination and publish a report.

“While there are no monetary penalties associated with a finding that a public office holder breached their obligations under the Act, the fact that the report is made public is a sanction in itself,” communications officer Jocelyne Brisebois wrote in an email.

NDP ethics critic Charlie Angus told HuffPost the NDP would be sending the ethics commissioner a letter Thursday urging her to reopen the investigation.

“There is something very wrong about the senior advisor to the Prime Minister cutting a cheque to a sitting senator in order to make a political problem go away,” Angus wrote in an email.

The NDP MP said the allegations raised in the court document filed by the RCMP paint a picture of a deal between the PMO and Duffy that may have been an attempt to whitewash an audit.

“This sordid affair has damaged the public's trust in political life under Stephen Harper. Ms. Dawson has an obligation to re-establish some level of ethical credibility to politics. This is her job. This is her obligation,” Angus wrote.

Margot Booth, a spokeswoman for the Commissioner, said one of the issues Dawson is considering is whether she must wait until the Mounties have completed their investigation into Duffy’s actions before reopening the probe into Wright’s actions.

“We are not in a position to comment further at this time,” Booth said.

The Conflict of Interest Act states that Dawson “may not continue her examination until any investigation or charge in respect of the same subject-matter has been finally disposed of.”

Angus acknowledged Dawson has little power and he said she “has previously shown very little desire to challenge sitting politicians.”

“[But] if she doesn't take up her responsibility, it will send a message that anything goes in the Ottawa of Stephen Harper,” he said.

Wright is expecting Dawson will restart her work. A source close to him told HuffPost Tuesday that it wasn’t clear “what the worst could be” but the stakes would be nothing compared to a criminal conviction.

Also on HuffPost

6 Things To Know About Nigel Wright
1) He probably took a BIG pay cut to work in the PMO(01 of15)
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It is believed that Wright was earning more than $2 million in salary and bonuses with Onex before becoming Prime Minister Stephen Harper's chief of staff. He made around $300,000 working on Parliament Hill. (credit:(CP))
2) He's unmarried(02 of15)
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Along with John Baird, Jason Kenney, and James Moore, Wright was one of four “single, white males” profiled in Maclean’s magazine in 2011 as holding immense power in Harper’s inner circle. Moore has since tied the knot, and Baird has since resigned. (credit:(CP))
3) He's a big runner(03 of15)
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Wright would apparently run a half-marathon each morning before starting a 14-hour work day at Onex.He kept that pace after he began working in Ottawa.He is said to be fond of telling a story of once being surrounded by several snarling dogs during an early morning run - a perfect metaphor for politics. (credit:(CP/The Globe and Mail))
4) Harper wasn’t the first PM he worked for(04 of15)
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Wright was a speechwriter and policy adviser to former prime minister Brian Mulroney. He was also policy co-ordinator for Kim Campbell's leadership campaign. (credit:(CP))
5) He almost became a priest(05 of15)
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Wright considered joining the Anglican priesthood as a young man. He is currently a subdeacon at St. Thomas’s Anglican Church in Toronto. (credit:(CP/The Globe and Mail))
6) He was the subject of a conflict of interest probe(06 of15)
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The federal ethics watchdog cleared Wright of conflict of interest allegations in January, 2013. Ethics commissioner Mary Dawson investigated Wright after it was reported he was lobbied on three occasions by Barrick Gold Corp, despite deep personal connections to the company’s founding family. Dawson found there was no violation of the Conflict of Interest Act. (credit:(CP))
'I Can't Figure Out Why The RCMP Would Have Anything To Do With This'(07 of15)
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Sen. Mike Duffy sent an email to Nigel Wright following a news story referencing a Senate matter.(Continued)
'I am Extremely Frustrated'(08 of15)
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'I Am No Longer 100% Sure We Can Deliver'(09 of15)
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On March 1, Duffy's lawyer Janice Payne emailed former PMO legal adviser Ben Perrin for an update.
'I Am Personally Covering Duffy's $90K...'(10 of15)
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In an March 8 email, Wright told Chris Woodcock the party would not be paying the Duffy cheque.
'But PM's Reputation – And That Of Sen Caucus – Going Down In Flames''(11 of15)
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On May 9, Wright responded to an email forwarded by Ray Novak from Sen. Linda Frum over concerns about protecting Tory senators.
'Chinese Water Torture'(12 of15)
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On page 26 of the documents, the RCMP note "On February 15, there were e-mail discussions within the PMO about the SenateRules committee and a proposed definition of residency, Nigel Wright e-mailed Benjamin Perrin."
'He Just Handed The Libs The Reason To Go To The Police'(13 of15)
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On page 44 of the documents, the RCMP detail an email exchange between Tory Senator Carolyn Stewart Olsen and PMO staffers Chris Woodcock and Patrick Rogers.
'We Are Good To Go From The PM'(14 of15)
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Page 32 of the documents details a Feb. 22 email from Nigel Wright to staffers in the PMO, including lawyer Benjamin Perrin.
'The PM Knows, In Broad Terms Only...'(15 of15)
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Page 45 of the documents details an email on May 14 from PMO staffer Andrew MacDougall to Nigel Wright and others. MacDougall says he has received inquiries from a journalist about Nigel Wright co-signing a loan for Senator Duffy to repay the money. Carl Vallee, PMO Press Secretary, writes:"Would the PM know the actual answer to the question? Just in case he asks us."

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