Harper's Actions: Lawful Or Not?

Stephen Harper, the former Prime Minister of Canada, has been accused of breaking the law on several occasions. In 2019, he faced his fifth ethics investigation, this time concerning allegations that his office pressured the former attorney general to help SNC-Lavalin avoid criminal prosecution over corruption and fraud charges. Harper has also been accused of contempt of Parliament, refusing to share budget information, and muzzling scientists and diplomats, among other things. However, it is important to note that the evaluation of ethical standards is complex and involves considering various factors.

Did Harper break federal ethics law?

Stephen Harper, the former Prime Minister of Canada, has been accused of several ethical breaches and abuses of power. However, the question of whether he broke federal ethics law is more complex and requires a nuanced examination of specific incidents and the applicable laws.

One notable incident involved the Senate expenses scandal, where there were allegations of a cover-up and a breach of the public trust. Harper's office was found to have been involved in altering a damning audit report. This incident led to widespread criticism and allegations of ethical misconduct.

In another instance, Harper's government was found in contempt of Parliament for refusing to disclose information on the costing of programs, which Parliament was entitled to receive. This was a significant breach of parliamentary norms and transparency.

Additionally, Harper's government was accused of undermining the independence of public servants by instituting a system where all communications were vetted by the political nerve centre. This led to complaints of increased politicisation of the civil service.

While these actions may raise ethical concerns, determining if Harper broke federal ethics law specifically would depend on the applicable laws and the specific details of each incident. It is important to note that the evaluation of ethical conduct involves considering not only the violation of laws or codes but also broader standards of ethical behaviour.

In summary, while Harper has faced numerous accusations and ethical controversies, a comprehensive assessment of whether he broke federal ethics law would require a detailed analysis of each incident, the relevant laws, and the specific facts surrounding them.

Did Harper break the law by dissolving parliament in 2008?

In 2008, Canadian Prime Minister Stephen Harper asked Governor General Michaëlle Jean to dissolve Parliament, triggering an early election. This decision was controversial, with some arguing that Harper had broken the law. However, it's important to understand the context and the relevant laws at the time.

In 2007, Parliament passed a law fixing federal election dates every four years, with the next election scheduled for October 19, 2009. However, this law did not limit the Governor General's power to dissolve Parliament at any time, such as when the government loses a vote of confidence.

In 2008, Harper argued that Parliament had become dysfunctional due to a lack of cooperation between his minority Conservative government and the opposition parties. He believed that an early election was necessary, even though his government had not been defeated in a non-confidence vote. Jean accepted Harper's request, and an election was held on October 14, 2008, resulting in a stronger minority government for Harper's Conservatives.

The legality of Harper's actions was challenged in court by Democracy Watch, a citizen advocacy group. They argued that Harper had broken the law by calling an early election without first losing a confidence vote. However, legal experts and scholars disagreed, stating that the Governor General's power to dissolve Parliament was unchanged by the fixed election law.

Ultimately, the Federal Court of Canada ruled that the 2008 election was not unfair and, therefore, not illegal. This decision was upheld on appeal, and the Supreme Court declined to hear the case further. While Harper's actions may have been controversial, they did not break the law as it stood at the time.

Did Harper break the law by withholding information from parliament?

In 2011, the Speaker of the House of Commons chastised Stephen Harper's Conservative government for withholding the full costs of anti-crime measures, corporate tax cuts, and a planned fighter jet purchase. This led to the government's defeat on a motion of non-confidence, declaring the government in contempt of Parliament. Harper was the first prime minister in Canadian history to be found in contempt of Parliament.

However, it is important to note that Harper did not technically break the law by withholding information from Parliament. While his actions were deemed inappropriate and a breach of the spirit of the law, they did not constitute a legal violation. The governor general, who has the power to dissolve Parliament, is bound by the conventions of responsible government to carry out the prime minister's advice as long as their government commands the confidence of the House of Commons.

In the case of the 2008 dissolution of Parliament, Harper's government indisputably held the confidence of the House, and thus, the governor general was obligated to follow Harper's advice, regardless of whether he acted in bad faith or contradicted his own statements. Therefore, while Harper's actions were controversial and led to a motion of non-confidence, they did not constitute a breach of law.

Did Harper break the law by refusing to share budget info?

Stephen Harper's refusal to share budget information with Parliament, despite a court order to do so, is considered one of the many abuses of power that the former Canadian Prime Minister and his Conservative government committed during their time in office.

In 2011, Harper's government became the first in Canadian history to be found in contempt of Parliament for refusing to disclose information on the costing of programs to Parliament, to which it was entitled.

In another instance of withholding information, Harper's government refused to share 170 times the reasons and impacts of cuts with Canada's independent budget watchdog, despite losing a court case and being ordered to comply. This move was seen as a mockery of Parliament's right to control the public purse.

These actions contributed to a pattern of willful misgovernance, flouting rules, and stifling democracy to achieve political and ideological ends, which characterized Harper's time in office.

Did Harper break the law by falsifying documents?

There are several instances of the Harper government allegedly falsifying reports and documents. Harper's Conservative government has been accused of altering documents, including a CIDA document by Bev Oda's office on Kairos, the Senate Committee Report on the Duffy affair, and a report by former auditor general Sheila Fraser on financial management.

In one instance, an RCMP affidavit reported that there was widespread involvement by PMO staffers in a secret payment to Senator Mike Duffy, which led to allegations of a cover-up and whitewashing of a Senate report. The PMO was also found to have altered a damning Deloitte audit.

While these actions may not necessarily constitute breaking the law, they do raise serious ethical concerns and questions about transparency and accountability in governance.

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