Dunn v. Struthers et al., 2013 MBQB 281

• Judge: Schulman, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: November 19, 2013
• Jurisdiction: Manitoba
• Citations: 2013 MBQB 281;(2013), 300 Man.R.(2d) 59 (QB)

Dunn v. Struthers (2013), 300 Man.R.(2d) 59 (QB)

MLB headnote and full text

Temp. Cite: [2013] Man.R.(2d) TBEd. DE.007

Darren Dunn (applicant) v. Stan Struthers, Minister of Finance for the Government of Manitoba (respondent)

(CI 13-01-83761)

Darren Dunn (applicant) v. Jim Rondeau, Minister of Healthy Living, Seniors and Consumer Affairs for the Government of Manitoba (respondent)

(CI 13-01-84013; 2013 MBQB 281)

Indexed As: Dunn v. Struthers et al.

Manitoba Court of Queen's Bench

Winnipeg Centre

Schulman, J.

November 19, 2013.

Summary:

Section 18(1) of the Legislative Assembly and Executive Council Conflict of Interest Act prohibited members, ministers and senior public servants from using "insider information" (i.e., information not available to the public that had been acquired through the person's office) for personal gain or for the gain of another person. Dunn alleged that two ministers had violated s. 18(1). He applied under s. 20 of the Act for authorization for a hearing of his allegations.

The Manitoba Court of Queen's Bench dismissed the application.

Crown - Topic 782

Conflict of interest - Nature of legislation - Section 18(1) of the Legislative Assembly and Executive Council Conflict of Interest Act prohibited members, ministers and senior public servants from using "insider information" (i.e., information not available to the public that had been acquired through the person's office) for personal gain or for the gain of another person - Dunn alleged that two ministers had violated s. 18(1) - He applied under s. 20 of the Act for authorization for a hearing of his allegations - The Manitoba Court of Queen's Bench dismissed the application - Before granting an authorization under s. 20, the court had to take a "good hard look" at the evidence and be satisfied that Dunn had "a reasonable prospect of succeeding" - The Act's purpose was to protect the public and to provide transparency for financial transactions - The Act did not purport to provide ministers with a "normative standard of conduct" - The court reached this conclusion on the basis of the words used, prior judicial interpretation of the words, the section heading, the ministerial statement on the introduction of the section and the section's context in light of other provisions in the Act - The phrase "personal gain" as used in the Act implied a financial gain - The section contemplated the provision of specific confidential financial information which would have to be a significant cause of financial gain actually made by a minister or another person - The providing of personal or political views or policy was not the information contemplated by the section - Political gain was not the kind of gain contemplated - The kind of information that Dunn alleged had been provided was not prohibited by s. 18(1) - He had no reasonable prospect of establishing a breach of s. 18(1) - See paragraphs 10 to 26.

Crown - Topic 784

Conflict of interest - Determination of conflict - Procedure - [See Crown - Topic 782 ].

Statutes - Topic 501

Interpretation - General principles - Purpose of legislation - Duty to promote object of statute - [See Crown - Topic 782 ].

Statutes - Topic 1658

Interpretation - Extrinsic aids - Legislative history - Ministerial comments - [See Crown - Topic 782 ].

Statutes - Topic 1845

Interpretation - Intrinsic aids - Titles, headings and section numbers - Headings and marginal notes - [See Crown - Topic 782 ].

Statutes - Topic 2603

Interpretation - Interpretation of words and phrases - Modern rule (incl. interpretation by context) - Intention from whole of section or statute - [See Crown - Topic 782 ].

Words and Phrases

Personal gain - The Manitoba Court of Queen's Bench considered the meaning of the phrase "personal gain" as found in s. 18(1) of the Legislative Assembly and Executive Council Conflict of Interest Act, R.S.M. 1987, c. L-112; C.C.S.M., c. L-112 - See paragraphs 10 to 26.

Cases Noticed:

Manitoba Jockey Club Inc. v. Manitoba et al. (2013), 290 Man.R.(2d) 232; 2013 MBQB 109, refd to. [para. 4].

Manitoba Government and General Employees' Union v. Hughes (2012), 275 Man.R.(2d) 256; 538 W.A.C. 256; 2012 MBCA 16, refd to. [para. 9].

Southern First Nations Network of Care et al. v. Hughes (2012), 280 Man.R.(2d) 307; 548 W.A.C. 307; 2012 MBCA 83, refd to. [para. 9].

Arctic Foundations of Canada Inc. et al. v. Mueller Canada Ltd. et al. (2009), 248 Man.R.(2d) 123; 2009 MBQB 309, refd to. [para. 9].

Rizzo & Rizzo Shoes Ltd. (Bankrupt), Re, [1998] 1 S.C.R. 27; 221 N.R. 241; 106 O.A.C. 1, refd to. [para. 9].

Chan v. Katz (2013), 299 Man.R.(2d) 149; 590 W.A.C. 149; 2013 MBCA 90, refd to. [para. 13].

Magder v. Ford (2013), 302 O.A.C. 333; 113 O.R.(3d) 241; 2013 ONSC 263, refd to. [para. 13].

R. v. James, [1903] O.J. No. 105 (C.A.), refd to. [para. 18].

R. v. Davis (G.N.), [1999] 3 S.C.R. 759; 248 N.R. 44; 182 Nfld. & P.E.I.R. 78; 554 A.P.R. 78, refd to. [para. 19].

Roncarelli v. Duplessis, [1959] S.C.R. 121, refd to. [para. 25].

Statutes Noticed:

Legislative Assembly and Executive Council Conflict of Interest Act, R.S.M. 1987, c. L-112; C.C.S.M., c. L-112, sect. 18(1) [para. 3].

Authors and Works Noticed:

Hansard (Man.) - see Manitoba, Hansard, Legislative Assembly Debates and Proceedings.

Manitoba, Hansard, Legislative Assembly Debates and Proceedings (December 17, 1982), p. 314 [para. 19].

Sullivan, Ruth, Sullivan on the Construction of Statutes (5th Ed. 2008), generally [para. 9].

Counsel:

Jeffrey R.W. Rath, for the applicant;

Jamie A. Kagan and Andrew D.F. Sain, for the respondents.

This application was heard by Schulman, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on November 19, 2013.