HE'S A SOFTIE

Why have a conflict-of-interest commissioner if he avoids conflict?

As a B.C. Supreme Court judge some years ago, H.A.D. Oliver earned the
wrath of drug cops for letting an accused drug dealer off the hook.
Oliver found the guy's rights had been violated, and he had been
illegally arrested -- even though police found a syringe, $1,300 and two
ounces of cocaine on him.

As a member of the B.C. Law Society's professional standards and
discipline committees, Oliver also tried to give his fellow lawyers the
benefit of the doubt.

In an 1988 interview with "The Advocate," the society's legal
publication, the lawyer said his approach to judging the behaviour of
other lawyers was to ask himself: "Can I acquit or am [I] left with no
alternative but to convict?"

Indeed, a soft touch might explain why NDP and Liberal MLAs displayed
rare unanimity in 1997 in appointing Oliver to the $77,000-a-year,
half-time commissioner post. Clearly, the choice is working -- at least
for B.C.'s 75 MLAs.

After all, Oliver was easy on Gordon Wilson in December, 1999, when he
found the then-education minister had failed to reveal a $29,000 B.C.
Supreme Court judgment obtained against him by Sajida Shah, the
so-called "stiffed widow."

Yes, Wilson's non disclosure was a breach of the conflict law, but the
poor guy should be excused, the conflict commissioner concluded. He
"acted inappropriately but in good faith."

The latest example of a possible marshmellow mentality concerns the
legal requirement that MLAs fill out a disclosure form by March of each
year.

Our big, tough conflict watchdog in Victoria has excused members from
the onerous chore -- they needn't bother until after an election and a
new legislature is chosen, he said.

Why have conflict-of-interest rules if they so easily can be brushed
aside?

Did anyone ask us if we minded giving up our right to see the holdings
and financial obligations -- before casting our vote -- of the
candidates who want to represent us?

Okay, he did warn them all that they had to report changes to their
financial situation within the law's 30-day deadline.

But that alarm bell wasn't rung until the Province kicked up a fuss
about Liberal leader Gordon Campbell's late disclosure of his $550,000
vacation shack.

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at: (604) 605-2029,fax: 605-2099 or e-mail:
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