Following complaints, Speaker Jeremy Harper writes to Sandy Silver to ask why the government is interfering with Elections Yukon, Yukon Child and Youth Advocate Office, and the office of the Yukon Ombudsman
The Speaker of the House and three government oversight bodies are raising concerns about political interference with their budgets, in contradiction to legislation.
As Chair of the all-party Members’ Services Board (MSB), Jeremy Harper, who is also the Speaker of the House, wrote a letter to Finance Minister Sandy Silver dated December 19.
In it, Harper cites the specific legislation that protects Elections Yukon, Yukon Child and Youth Advocate Office, and the Yukon Ombudsman's office from political interference in budgets that were already approved by MSB.
The letters have been posted to the Government of Yukon's website as are all letters directed to the MSB: https://yukonassembly.ca/committees/msb
The three organizations are considered government oversight bodies and the legislation protects them from political tampering. All three wrote letters to Harper stating that the government had reduced their already-approved budgets and it has compromised their work and independence.
"This concerning change in practice undermines the independence of the above offices as separate entities from the Yukon Government," says Harper in his letter to Silver.
"In its design and function, the Members' Services Board, an all-party committee of the Legislative Assembly, provides the necessary insulation to uphold the real and perceived independence of the Legislature and the house officers from the government in power."
The MSB consists of elected politicians, including NDP MLA Kate White, Yukon Party MLAs Brad Cathers and Currie Dixon, and Liberal MLAs Richard Mostyn and Harper, who, as the Speaker, must serve as the chair.
Maxwell Harvey, Yukon's Chief Electoral Officer, wrote two letters to Harper. In one dated December 11, he says Elections Yukon will be in serious danger due to budget reversals made by the Management Board (MB).
The Management Board consists of government employees who take their direction from Cabinet.
"Two of the three major approvals made by MSB have been reversed by MB," says Harvey's letter. "Is Elections Yukon to negotiate directly with MB to justify and hopefully reclaim the MSB-approved budget? There is a disruptive uncertainty, but more important, I am concerned that Elections Yukon is not being given the support and tools it needs to do its job.
"I am not prepared to put Elections Yukon in an underfunded position and accept a level of risk prejudicial to readiness and the conduct of the next election."
Independence from political interference is at the core of the MSB's role and it's Chair is always the Speaker who, according to Yukon Legislative Assembly rules, is considered a "servant of the entire Legislative Assembly and serves all members equally."
MSB's independence "is critical for ensuring public confidence," said Yukon Ombudsman Jason Pedlar in an interview. “It’s critically important that the funding for my offices are independent."
In his letter to Harper, dated November 27, Pedlar calls the interference an "unexpected departure from the established practice and legal process."
“The government of the day cannot decide that they’re going to reduce a budget, potentially because of an unpopular decision or an unpopular investigation from our office. I’m not saying that is happening here, but that is the concern about not being independent," said Pedlar's letter.
Cathers, as one of the MSB members, interprets what's happening as illegal.
"The actions being taken by the Liberal government, under the Minister of Finance, are actually not in compliance with the law,” said Cathers. “This is quite a serious situation.”
Annette King, Yukon's Child Advocate, wrote in her letter to Harper on November 27: "These actions (by Management Board) threaten the independence of a Yukon’s oversight body and could undermine public confidence in my ability to hold government accountable as intended by law."