Saskatchewan’s conflict-of-interest commissioner has launched an
inquiry related to “certain business activities” of former NDP
Saskatchewan agriculture minister Eric Upshall.
It stems from a lawsuit Upshall filed on Dec. 17 in Regina’s Court of
Queen’s Bench against former business partner Kevin Durst. In the
statement of claim Upshall alleges that Durst failed to pay him
$23,750. The claim states the money is owed to Upshall for public
opinion survey work the two men completed for Saskatchewan Agriculture
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and Agriculture Canada.
In the documents, Upshall said he secured a $9,000 contract from
Saskatchewan Agriculture on March 6, 2000 to “design and test a survey
instrument.”
On June 29, 2000 he got a second contract from the same government
department worth $50,000. The results of that second survey were later
bought by Agriculture Canada for $27,500.
Upshall claims Durst still owes him $23,750 plus interest for the work
he did on the government contracts.
But Saskatchewan Party MLA Brenda Bakken, who obtained the statement of
claim, said Upshall and some of his friends in government have more to
worry about than unpaid bills.
Under provincial legislation, it is illegal for a former cabinet
minister to receive a provincial government contract from any
government department, agency or crown corporation within 12 months of
leaving office.
The Members’ Conflict of Interest Act also makes it illegal for any
provincial government official to award such a contract, so the inquiry
could involve some current MLAs.
Upshall served as the NDP’s minister of agriculture until he was
defeated in September 1999. Both provincial contracts came within the
12 month “cooling off” period.
In his statement of claim, Upshall alleges that most of the early work
under the second contract with Saskatchewan Agriculture was performed
by him.
“This work consisted primarily of securing the contract, initiating
contacts with relevant government officials, determining the scope of
the work, identifying and contacting appropriate survey respondents,
distributing and ensuring return of the correctly completed
questionnaires.”
A statement of claim contains a series of unproven allegations that
have yet to be tested in court. A statement of defence to counter
Upshall’s claims has not yet been filed.
Conflict-of-interest commissioner Gerald Gerrand said the opinion and
recommendations that stem from the inquiry will relate only to current
MLAs as stipulated in the act.
That means Upshall is exempt from the conflict-of-interest inquiry as
is Dwain Lingenfelter, who was minister of agriculture during the time
the contracts were awarded. Lingenfelter is now working in the private
sector.
“The legislation is faulty,” said Bakken, MLA from Weyburn-Big Muddy.
Her hope is that if the inquiry uncovers a conflict involving current
MLAs, it will be dealt with in a “transparent” way and that members are
made aware this is not appropriate behaviour.
The matter has also been referred to the Saskatchewan department of
justice, but that agency will not be reviewing the case because Upshall
worked on attorney general Chris Axworthy’s failed campaign for the NDP
leadership last year.
A department spokesperson said any material that was gathered has been
forwarded to Manitoba Justice. The outside agency will review the
evidence to see if a police investigation is warranted.
When contacted for an interview, Upshall would not comment other than
to say: “We’re just waiting to see what the ruling is and we’ll go from
there.”
