NDP MLA Wages Seized For Unpaid Court Fine, Should Disclosure To Voters Be Required?

Heading towards the Manitoba election, a government backbencher brought forward Bill 240, the Elections Amendment Act. 

Winnipeg Police Chief Smyth laughs it up with Danny's NDP Angels, 
(R-L) Wab Kinew, Point Douglas MLA Bernadette Smith, Smyth, Nahanni Fontaine

Sarah Guillemard, seeking re-election in Fort Richmond, sponsored the legislation which now requires candidates to reveal any convictions they've had under the Criminal Code, the Controlled Drug and Substances Act and the Income Tax Act.

It was characterized by the Progressive Conservative caucus as an important tool to ensure "candidate transparency". 

Eight candidates have disclosed criminal convictions - 4 New Democrats, 3 Green Party candidates and one from Manitoba First. Candidates who don't disclose could face a fine of up to $10,000 and a jail sentence of up to a year.

The Free Press reported, "The offences range from non-violent civil disobedience and shoplifting to impaired driving and assault. The most recent conviction dates back 15 years while another happened more than 50 years ago."  

The description in the former case is of NDP leader Wab Kinew, who has prior convictions from about 15 years ago for an assault and a DUI. He also disclosed 2 breaches of court orders from that period, all of which have been pardoned.

"These were serious mistakes made years ago, for which they have all taken responsibility," NDP spokeswoman Emily Coutts said in an email statement.  

There are other well-discussed issues that have dogged Kinew that did not fall under the requirements for disclosure, including a domestic violence charge that was dropped without knowledge of his then-spouse. 

There's another matter only vaguely remembered by members of the press corps as coming up. 

My archived notes indicate it was revealed in an 'anonymous' circular when Kinew ran for the NDP leadership against longtime MLA Steve Ashton.  

On Feb 19, 2015, a Certificate of Default for a Provincial Court fine was issued against an employee of the University of Winnipeg named Wabanakwut Kinew, for $556.50 plus $50 costs. Why? In October 2014, Kinew received a speeding ticket that was unpaid. 

According to CTV, Kinew said he "found out about the ticket through an email and didn't realize it was legitimate."

A Notice of Garnishment to satisfy the Creditor, Her Majesty the Queen in the right of the Province of Manitoba, was issued. 

This resulted in a cheque in the amount of $606.50 cents being delivered to the Minister of Finance on March 31, 2015.

Kinew subsequently was elected an MLA and is a candidate in the provincial election. Similarly, in 2011 a Winnipeg City Councilor who later was elected a Progressive Conservative MLA, was the target of a Garnishment Order. But that story has a slight twist.

Scott Fielding was dinged to the tune of $863.25 plus $50 costs. Fielding became an MLA and a cabinet member in the Pallister government, now running for re-election in Kirkfield Park. 

The order was terminated a week later apparently due to a misunderstanding, no wages were seized, and Fielding paid the fine promptly afterwards. 

I have discovered that Kinew was not the only NDP candidate to have wages seized for failing to pay a provincial court fine. 

It could be said, that in his case, Kinew was not serving in public life, and that sometimes, these things can happen. Maybe it was careless but still a simple private matter, was suggested to me, and not Bill 240-worthy. But at least, when his wages were seized in 2015 he wasn't an NDP MLA occupying a seat in the Legislature.  

Chief Danny Smyth flanked by NDP Pt. Douglas rep Bernadette Smith
and St. Johns incumbent Nahanni Fontaine

On October 31st 2017, a Certificate of Default was issued for a Provincial Court speeding fine. 

"HER MAJESTY THE QUEEN IN THE RIGHT OF THE PROVINCE OF MANITOBA" was owed $243.80, with $50 costs tacked on. Based on the evidence - the name and the employer receiving the Garnishee Notice - the debtor in 2017 subject to the Order was the same Nahanni Fontaine who was the  MLA for St. Johns constituency at the time, at a salary of $94,513.

A Notice of Garnishment was issued directing her employer, the Government of Manitoba, to withhold the requisite amount of the taxpayer funded MLA salary of Nahanni Fontaine. This Halloween trick-or-treat resulted in a cheque in the amount of $293.80 cents being delivered to the Minister of Finance on January 15, 2018. 

Fontaine, like Kinew, is seeking re-election. Unlike Kinew, the court action attaching her MLA paycheque was never reported in the media. 

Now it may be, that a person could take the position that a previous Garnishment Order from the Crown involving a private citizen (ie while employed at the U of W), does not reach a threshhold of disclosure being in the public interest. 

Fontaine (in blue) gazes at the biggest 'boy in blue', Danny Smyth

However, in this case the debtor is a sitting MLA who has a sworn duty to uphold provincial acts and regulations. 

"Canadians are required to take an Oath of Allegiance before occupying a military, police, judicial or governmental post (such as MLA) as they are charged with creating or administering the law. According to Wikipedia, it was implemented to secure the supremacy of the reigning monarch of Canada, the giving of faithfulness to whom is a manifestation of a key responsibility central to the Canadian system of government."

I've been asking: What if an elected lawmaker defies a court ordered fine for violating a provincial law. Is that something the public has a right to know?

EDIT: (From a reader) "Good analysis. One fact missing, though, is that she was also the NDP justice critic at the time of the unpaid fine and subsequent garnishment."

It was pointed out that would be added costs to taxpayers beyond the $50 surcharge included in the garnishment of Fontaine's wage. 

• The Sheriff serving the notice and filing an affadavit was paid on the public dime. (Maybe the $50 covered that).
• So was the payroll officials who had to redirect her pay to the courts. (The $50 was towards the court's costs, not the government's, so ...) 
• The court officials who had to administrate the payment and reflect it on the public record, were also paid by the taxpayer. 
• By that point $50 to cover costs seems stretched a little thin. 

I also asked some of my readers what message it might send constituents and all voters when an elected member of the Assembly failed to pay a Provincial Court offence fine on time without good reason (ie incapacitating illness, mail strike, etc)? 

The answers were swift and categorical - a wrong message. 

"If their MLA doesn't respect the courts, why should they?"

"Most courts will accept payment arrangements so I suspect these folks felt such entitlement that they were above mere mortals."

"MLA's make $94,000 a year, why wouldn't she pay the fine?"

I asked the Parties if they would contemplate an amendment to the Act to require that garnishee orders filed against an MLA (for instance Fontaine, but not Kinew) be disclosed if they run for election again?  I was not asking about garnishments sought in the course of civil claims, only those involving the Courts seeking redress. At time of publication, none had responded.

It seems to me that along with other basic information a voter wants to know about a candidate, such as do they live in the constituency, and the obligated disclosures under Bill 240, an elected MLA like Fontaine forcing the Crown to chase them to pay a court-ordered fine surpasses the threshold for the public's right to know. 

Without disclosure of a Garnishment Order - which at least informs voters and allows them to question the candidate - there is no step where a candidate like Fontaine would have taken responsibility for stiffing the Crown - and adding expense to taxpayers to have it collected.

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Reyes Working New Riding To Keep Legislature Seat; Weekend Roundup Of Pronouncements

Coming from a military and small business background, Jon Reyes says he's used to putting in the hard work and long hours needed in seeking re-election to the Manitoba Legislature, as the Progressive Conservative candidate in Waverley. 

I caught up to Reyes at the opening of his campaign office and in this clip, see his explanation about the make-up of the new riding and how his family experience as immigrants helps him understand the challenges that new Canadians in his riding are dealing with. 

Among election announcements this weekend:

- Liberal Leader Dougald Lamont addressed economic issues as part of a 10 year strategic infrastructure plan "to prioritize urgent and high-return-on-investment infrastructure projects. The party promised to invest on average $1.6-billion per year for ten years. 

"This $16 billion investment would see a return of almost $21 billion to Manitoba during that time frame." 

Included will be a study of rail relocation / rationalization for the City of Winnipeg, and costs related to linking it with CentrePort, as well as the possibility of creating a commuter / light rail system on the vacated tracks. The study should cost an estimated $3-million. 

Seeking to expand it's presence in the Assembly beyond the Party status minimum of 4 seats, the Liberals "will also apply previously announced “buy local” and local procurement policies to the projects and ensure there is a level playing field so local companies can apply."

- The New Democratic Party attacked PC proposals that focused largely on women's health issues and services, claiming that Premier Brian Pallister "Refused to let the Health Minister answer questions about women’s reproductive health for three years" while closing programs for lactating mothers, mature women, and cutting funding to Cancer Care Manitoba

- Reye's campaign office roommate Sarah Guillemard said a re-elected PC government "will invest $3.4 million per year to implement initiatives that help all Manitobans". 

The promises include enhanced mental health and specialized trauma counselling, establishing a six seat Bachelor of Midwifery program at the University of  Manitoba, and reducing wait times "for Manitobans seeking treatment for eating disorders, including anorexia, bulimia and binge-eating."

- Not in the realm of an announcement, but a first-time Green Party candidate messaged me and related the following: 

"You know what's a very interesting thing ... hearing disaffected conservative voters tell me they're looking for options and voting Green this year." 

Is Green going to be the new "parked my vote" space in 2019?

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Last week we made waves with reports about construction trade contract corruption squeezing Manitoba-based operations.

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Construction Billings Owed By Mb. Gov't Exempted From Prompt Payment Law / Guillemard Talks Fort Richmond Issues

Allegations that construction sub-trades hired under provincial contracts are being exploited by underhanded payment and contract practices struck a nerve with readers online, with one raising the issue of whether legislation already in the works would solve the problem.

Whistleblower Jocelyn Burzuik of Sundance Construction, told us her own experience with unpaid invoices for completed work was echoed by voters employed in construction that she met on the hustings last weekend. 

She is seeking election in the Red River North constituency which is a new riding and therefore has no incumbent. 

Jeff Wharton, a Pallister government cabinet minister has shifted over from the former Gimli riding to establish himself as the front-runner. 

She held a protest march outside his former constituency office this summer about her own unpaid invoices but he failed to show, resulting in Burzuik taking the leap into politics to squarte off against him.

Burzuik told TGCTS that a deliberate witholding of interim payments was starving the cash flow of Manitoba-based general contractors and subtrades, warning out-of-province bidders now being handed contracts were going to learn a hard lesson.

One reader responded on Facebook about being a victim of the contract abuses:

"The cost start to mount ... the money we invested, remitting GST and source deductions... alot of us subs work for pennies compared to the big guys cause we (have) lesser overhead...but we are suffering. All we want to do is make an honest living and be paid for our services".

Another reader added: 
"And lots of the time small construction companies can't keep footing labor costs while they're waiting for a large check to come in and get into a situation where liquidation is the only opportunity"

Another brought up a factor Buznuik hadn't mentioned:

Marty- what about the prompt payment bill in the works? From a supplier point of view, contracts are drawn up with progress payments in the deal. Lacking this, is on the contractor. ... What I am saying so there is legislation in the works to provide a legal remedy for prompt payment for contractors and GC’s. This has been in the works for over a year, most industry associations are pushing hard for it.

In a follow-up inquiry, Buznuik said that the payment problems caused by the government department still wouldn't be resolved.

"The legislation addresses GC (general contractors) to subs and suppliers. Once GC gets paid,  the subs (sub-trades) do with short period of time.
But it does not address the #1 problem - delayed payment from owner, normally the Gov, to the GC. 

There is no provision for subs even in existing legislation to get paid if the GC has not been paid.
If the Gov delays, which they do, prompt payment legislation means nothing. 90% of the time, it's the owner delaying payment.

No one talks about that - yet it's the biggest problem. The fact is that today, a government Receivable is no longer a "good" receivable." 

She says that factor - that timely payments under a Manitoba government contract is not seen as worth the paper it's written on - is affecting access to bank credit for the GC's and sub-trades.

A former 19 year member of the Canadian Military who started her construction company in 2013, she outlined her own current payment conditions:

"Since 2015, I have told Gov departments that I get my cash is 21 days or less or I walk. MB Housing - 21 days always. Hydro 30-45 days. MIT 30-60 if they agree on it. 
INR - I demand cash up front.  
FN's it's cash up front now. 
I don't order materials til 100% of that is fronted. 
I want my labour before I leave bi-weekly. 
Indigenous Services (federal) is paying on 60-180 days normally", she said,  adding that the provincial Indigenous Northern Relations (INR) was paying "after 45-180 days - or never."

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I gladly took up the invitation of Jon Reyes to drop by the opening of his dual campaign office on south Pembina Highway, where he's splitting rental costs and sharing efficiencies (like nails and hammers for signs) with caucus-mate Sarah Guillemard. 

Both MLA's were first elected in 2016 and are running again under the Progressive Conservative banner, with Reyes relocating to a newly created riding of Waverly, and Guillemard staying put in Fort Richmond. 

Watch this interview clip and see  Sarah describe the slightly altered riding boundaries, and the different issues between the U of M district and the west side of Pembina. She says that expert educators within the riding would help a re-elected Pallister government fix the shortcomings flagged by parents in the overall curriculums. 

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Still to come:  
- Tonight's Drug and Crime policy town hall hosted by St. Boniface Street Links at 271 Rue de la Cathedrale at 7 PM; 
- more election video with PC MLA's Shannon Martin, Reyes and Guillimard; 
- more about flawed data and methodology from the WRHA's free needle program failure, 
- and City Hall is going to get an earful about a few things too.