LECLERC 'UNLAWFUL'

Report Finds Tape Of Ex-MLA Discussing Drugs Not Doctored

Former Saskatchewan Party MLA Serge LeClerc engaged in "unethical and
unlawful" conduct while in government, says a damning report by the
legislature's ethics watchdog.

But the former Saskatoon Northwest MLA, who resigned his seat at the end of
August, continues to deny any wrongdoing.

LeClerc, a self-proclaimed former career criminal who touted his
transformation "from lawbreaker to lawmaker," left the government caucus
and went on medical leave in April after CBC reported it had received a
package of Internet chat room transcripts and a recording of an individual
who sounded like LeClerc discussing marijuana and cocaine use in early 2009.

In a report released Tuesday, provincial conflict of interest commissioner
Ronald Barclay rejected LeClerc's assertion that, while the voice was
likely his, the recording had been doctored.

Barclay sent the recording for forensic analysis to the RCMP, with police
experts determining all of the audio clips were from the same original
recording of a conversation, were not composites and were not spliced
together or edited from other recordings of LeClerc.

"According to the content of the recordings, it is my opinion that Mr.
LeClerc smoked marijuana during the time period he was an MLA, and that he
had an unidentified person bring cocaine to his residence during the time
period he was an MLA," wrote Barclay, whose office was not commenting on
the report.

The report said the recording was LeClerc's end of a conversation conducted
by telephone or over the computer. Transcripts included in the report show
him recounting that men who had come to his home for sex had brought the
drugs. At the time LeClerc was married, but his wife died shortly thereafter.

RCMP experts had also examined computers used by LeClerc and his
constituency assistants during the time he was an MLA. While four of the
computers had not been used for Internet chats, LeClerc told Barclay he had
thrown away the hard drive of his government issue laptop, which the
commissioner noted rendered "any forensic analysis entirely impossible."

"Mr. LeClerc destroyed the one vital piece of evidence that may have
assisted in exonerating, or implicating, his participation in the chats,"
wrote Barclay, who noted when relevant evidence is destroyed, "a
presumption arises that the evidence would have been unfavourable to the
party who destroyed it."

Barclay, a retired judge, said he would resist making that presumption but
said "LeClerc's actions do impact his credibility." The report also noted
there were several discrepancies in LeClerc's comments relating to the
computers.

The commissioner's investigation was launched by a motion of the
legislative assembly after Regina police announced in May it had concluded
the investigation that had been asked for by the government and would not
lay charges against LeClerc.

But LeClerc, who is now gravely ill with colon and bowel cancer, dismissed
Barclay's conclusions as opinion and said there is no evidence he had used
drugs.

"All I can tell you is that I don't recall a conversation such as that, I
never had that conversation as far as I know, as far as I remember, or any
type of that conversation. I don't know who the other party was, I don't
know what the other side of the conversation was. But I haven't done drugs,
marijuana or cocaine since 1986. End of story," he said by telephone from
the Ontario hospital where he is receiving treatment.

LeClerc has written a book and made a career as a motivational speaker
about overcoming his past as a gang leader, drug addict and prisoner.

He received a pardon in 2000 and came to Saskatchewan in 2002 to head the
local chapter of Teen Challenge, a faith-based drug and rehabilitation
program.

LeClerc left that post to enter politics, winning Saskatoon Northwest by
more than 2,000 votes in the Sask. Party landslide of 2007.

Premier Brad Wall said the report was "very serious" but it did not reflect
more broadly on either himself or his government.

"I don't know what every MLA on either side of the aisle does on their own
time. I can't know and neither would any other member. But . . . the
conduct of MLAs is pretty clearly prescribed so we need to hold to that
standard," he said.

"What process catches this? Unless you're psychic, unless you know
someone's heart and mind," he added.

NDP caucus chair Judy Junor said LeClerc's involvement with the Sask. Party
is a commentary on Wall's leadership. She said beyond bringing LeClerc in
as a candidate, Wall ignored other "red flags" over LeClerc's behaviour.

Prior to the allegations of drug use, the NDP alleged LeClerc had made an
obscene gesture at and had threatened Opposition leader Dwain Lingenfelter.

LeClerc had also faced questions over how he had represented what he called
an "unprecedented national pardon" for his criminal activities when it
appears to be a standard federal pardon.

Junor said she was pleased by the strong stance Barclay took in his report.

"I think it answers many questions and it doesn't leave any room for
anybody to second-guess whether he should have done this or that or gone
further or left any stone unturned. I think he pretty much did a very
thorough investigation," she said.

At the same time he was looking into the audio recording and computer
issues, Barclay was also conducting an investigation requested by the NDP
to look into whether LeClerc had improperly used his constituency office
for business purposes.

A separate report on that issue released by Barclay Tuesday found LeClerc's
constituency assistants had done work for his public speaking business
during constituency office hours and using government equipment. However,
that was not a violation of the Member's Conflict of Interest Act, found
Barclay, who said he had no jurisdiction under the law to make findings on
whether the government "subsidized" LeClerc's business.