Fraser March, Citizens� Representative for the province of Newfoundland and Labrador, has forwarded the attached letter to Harvey Hodder, Speaker of the House of Assembly.

This is one of a series, each of which deals with accusations against the Citizens� Representative that are found in the recent Auditor General�s report to the House of Assembly. Previously, the Citizen�s Representative dealt with the accusation that he had excessive travel.

The attached letter deals with the accusation that the Citizens� Representative violated Section 4(2) of the Citizen�s Representative Act. Section 4(2) states that "the Citizens� Representative shall not hold another public office or carry on a trade, business or profession."

Because this is a question of law, the Citizens� Representative believes that this matter should be dealt with in a court of law.

Unfortunately for the Citizens� Representative, parliamentary privilege afforded the Auditor General and his report prevents the Citizens� Representative from challenging the accusation in court.

Consequently, the Citizens� Representative is requesting the House of Assembly, in the name of fairness, to recruit a member of the Judiciary of Newfoundland and Labrador to hear this matter and make a determination as to whether the Citizens� Representative is correct when he states that "he did not contravene section 4(2) of the Citizens� Representative Act" or whether the Auditor General is correct when he states the opposite.

This process would give the Citizens� Representative an opportunity to defend himself without interfering with the parliamentary privilege of the Auditor General.

The following is a copy of the letter sent to the Speaker of the House of Assembly:

February 9, 2005

Honorable Harvey Hodder
Speaker
House of Assembly
P. O. Box 8700
St. John�s, NL

Dear Mr. Hodder:

In a recent report to the House of Assembly, the Auditor General accused the Citizens� Representative of being in non-compliance with Section 4(2) of the Citizens� Representative Act. This accusation is made at page 43 of said report. Section 4(2) of the Citizens� Representative Act states that the Citizens� Representative "...shall not hold another public office or carry on a trade, business or profession."

Initially, the Auditor General accused the Citizens� Representative of violating Section 4(1) of the Citizens� Representative Act. Section 4(1) states that the Citizens� Representative "... is not eligible to be nominated for election as, elected as, or sit as, a member of the House of Assembly." Although this accusation raises suspicions in the meta-physical of the Citizens� Representative, because the Auditor General has withdrawn this particular accusation, the Citizens� Representative will make no further comment.

The Citizens� Representative denies contravening Section 4(2) of the Citizens� Representative Act and presents his case at page 56 of the Auditor General�s report.

The accusation made by the Auditor General is a clear and unambiguous accusation with very serious consequences for the Citizens� Representative and the credibility of the ombuds service provided to the citizens of Newfoundland and Labrador.

The issue arising from the accusation of the Auditor General that is now before the House of Assembly as a result of the Auditor General�s report goes to whether or not the law has been violated. Either the Auditor General is correct and the Citizens� Representative violated the Citizens� Representative Act, or the Auditor General is incorrect and the Citizens� Representative acted as is required by the Citizens� Representative Act.

This is a question of law that requires a definitive answer.

Unfortunately for the Citizens� Representative, parliamentary privilege that is extended to the Auditor General and his report prevents the Citizens� Representative from appealing this accusation to a court of law who normally, in a liberal democracy, would decide if law is violated.

The Citizens� Representative accepts and recognizes the need for parliamentary privilege in the case of the Auditor General, but emphasizes that the Citizens� Representative is an officer of the House of Assembly and deserves a forum to defend himself and his office.

Thus, it is requested of the House of Assembly through you, the Speaker, that an independent third party be appointed to determine if the Auditor General is correct when he makes the accusation against the Citizens� Representative or if the Citizens� Representative is correct when he claims that the Citizens� Representative Act was not contravened. Because of the legal nature of this issue, it is further requested that a member of the Judiciary of Newfoundland and Labrador be recruited to determine this question.

The forgoing process protects the parliamentary privilege of the Auditor General and provides opportunity to the Citizens� Representative for a defence of his position.

Thank you for your consideration.

Sincerely,

Fraser March
Citizens� Representative

CC Commission of Internal Economy
Members of the House of Assembly

2005 02 09                                        11:30 a.m.