The Gomery
Commission
The Gomery Commission was established on February 19,
2004
by the Liberal Cabinet led by the Prime Minister of the day, Paul
Martin. The scope of the inquiry was set as follows:
a) to investigate and report on questions raised,
directly or
indirectly...in the November 2003 Report of the Auditor General
of Canada... with regard to the sponsorship program and
advertising activities of the Government of Canada, including:
i) the creation of the sponsorship program;
ii) selection of
communications and advertising agencies;
iii) management of the
program;
iv) receipt and use of any funds or commissions disbursed; and
v) any other circumstances related to the program considered
relevant to fulfilling the mandate.
Speaking to the illusion making about the Gomery
Inquiry, the
Marxist-Leninist Party of Canada (MLPC) wrote:
"... there is one key issue at the root of the
sponsorship
scandal -- the party dominated system of representative democracy,
the electoral laws designed to elect a political party and to
disempower the people and their fanatic need for money to make it
happen. Why a political party in Canada was allegedly involved in
stealing funds from the public purse and funnelling them into its
election campaign coffers is going to be completely detached from
the issue of the political system in which masses of people are
treated as mere voting-cattle. The issue is not going to be
touched upon at all by the Gomery Inquiry or by the Public
Accounts committee looking into the same scandal."[1]
The developments reveal that this central issue to the
sponsorship scandal was indeed completely overlooked/disregarded
by the Gomery Commission of Inquiry and the government. In fact,
neither the Gomery Inquiry nor the Harper government took up the
issue of political accountability. The Gomery Inquiry identified
the problem of accountability in administration generally
(defining responsibilities) and more specifically partisan
interference in terms of the administration of programs by the
public service and, to an extent, in the ability of Parliamentary
Committees to hold government accountable.
The problem of political interference/partisanship was
attributed to certain individuals whose conduct was wrong. On
this and the other issues identified, administrative measures
were proposed to deal with the problem. The assumption was that,
if implemented, they would restore accountability of government
to parliament and parliament to society.
In the preamble to Restoring Accountability, Justice
Gomery
sketches the framework of accountability that the parliamentary
system brings to the Canadian democracy.[2]
It goes like this:
The principle of the supremacy of Parliament
establishes
Parliament as the body that creates the laws that give powers to
Ministers and the rest of the executive, and the body to which
the executive must be accountable.
Parliament through statutes and budgetary processes,
assigns
powers and resources to the Government.
The government administers these powers and resources,
while
Parliament holds Government accountable for its stewardship.
Ministers and the Public Service form the executive
branch of
government. The executive branch derives its powers and its
authority from Parliament and, in turn, is accountable to
Parliament and, through Parliament, to the people of Canada.
The principle of ministerial responsibility identifies
the
members of Cabinet, collectively and individually, as the persons
at the head of the executive branch who hold broad responsibility
and exercise the power to govern.
The principle of rule of law provides an overarching
framework that both enables and limits the actions of the
Government.
Gomery says:
"Parliament is the central forum in which the
Government is
held directly to account for both policy and administration.
Ministers are accountable collectively to Parliament for policy
and for the Government's actions or failures to act, and they are
ultimately accountable to the people of Canada through general
elections.
"Parliament holds Government accountable in two ways.
First
it holds the Cabinet collectively accountable for its policies,
for its responses to the challenges facing the nation and its
stewardship of the public sector and the business of governing
the nation. Second it holds the Government accountable for the
way it has used the powers and resources that Parliament has
granted it. This accountability applies to administration, not
policy, and it must be directed to those who hold responsibility
for administration."
Position of the MLPC
The MLPC wrote: "A fundamental problem with this
rendering is
that the conception of accountability is detached from where the
sovereign power is vested and whose interests it protects. So
long as the historic need to vest the sovereign power in the
citizenry is not addressed, the problem of accountability cannot
be sorted out."
In A Power to Share, published in 1993, the
MLPC's
then
National Leader Hardial Bains discussed among other things, how
the problem of accountability poses itself within the Canadian
system of government.
"... the problem is that under the circumstances in
which
people are deprived of sovereign power and of a mechanism through
which to exercise it, they are not able to freely choose who
governs on their behalf. Political parties have virtually
exclusive jurisdiction over this matter.
[...]
"In fact, there is no mechanism to make the elected
representatives or the government accountable to the electorate.
The only recourse provided to the citizenry is to vote an
unpopular government out of office at the next election. It is
interesting that both transparency and accountability serve their
purpose when they divert attention from the fact that it is in
all cases the government which commands the process. They are
merely part of the tinsel and tassels with which the executive
power wraps itself to cover up the fact that it is the sole
decision-making power.
"All of these means are used to ensure that the
electorate is
deprived of its right to participate in governing society.
[...]
"These jurisdictions are getting increasingly
transformed
into absolute powers through the reforms which are being enacted.
Those with access to political power still need a method to sort
out the contradictions in their own ranks and keep the people out
of government. The word democracy has come to mean using
democratic forms to achieve what are actually undemocratic ends.
The democratic form is becoming a mere remnant of democracy, and
it is increasingly becoming synonymous with the set of laws which
sanction the rule of political elites. This is justified by
evoking various terms, including precedent, traditions, evolving
institutions, democracy as we know it and various others.
"The character of supreme power and its origins is not
separate from the character of the government and the interests
it serves. The two are inter-related. The political process or
political system facilitates the wishes of the supreme power. If
the political process remains the same and if the only changes
concern the extension of the franchise, the manner of counting
votes and the reform of parliamentary procedures, supreme power
will continue to remain alienated from the citizenry."[3]
On the basis of this analysis, the MLPC adopted the
slogan
For Us, Accountability Begins at Home. At its centre is the
recognition that when society is being held back and every avenue
to solving its problems is obstructed, the working class and
people take up their own social responsibility to change the
situation.
The MLPC wrote: "Today, as the anti-social offensive
and the
drive to embroil Canada in the aggressive wars led by U.S.
imperialism are stepped up, the problem that the people cannot
hold the government to account becomes increasingly evident and
urgent. So long as Canadians do not participate in setting
government agendas and are, on the contrary, at the mercy of
whatever self-serving agendas the government, political parties
and the media set, the problem of accountability will continue to
plague the polity. Thus, the most important question which has
emerged is who wields political power -- where the decision-making
power is vested. While the question of power involves a
myriad of elements, the cutting edge of the people's struggle for
empowerment is to build the organizations through which they can
put themselves into positions of influence by taking stands that
defend the rights of the people and, on this basis, open
society's door to progress and advance the cause of peace and
human rights. This is the only way people can avert the dangers
which those in power today are preparing. The program of the MLPC
is to bring forward worker politicians and people's
representatives to elect and be elected to form a Workers'
Opposition in the Parliament. A Workers' Opposition can then go
further and create an anti-war government which responds to the
needs of the people at home and abroad."
Notes
1. "Illusion
Making About the Gomery Inquiry," Marxist-Leninist Party of Canada,
August 16, 2005.
2. Gomery Commission of Inquiry
into the Sponsorship Program
and Advertising Activities, Part II: Restoring Accountability:
Recommendations, 2006.
3. Bains, Hardial, A Power to
Share: A Modern Definition of
the Political Process and a Case for Its Democratic Renewal,
(1993), pp. 32-34.
This article was published in
Volume 49 Number 7 - March 2, 2019
Article Link:
The Gomery
Commission
Website: www.cpcml.ca
Email: editor@cpcml.ca
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