Conflict of Interest Commissioner Joe Kennedy has cleared Nova Scotia Justice Minister Mark Furey to speak to the Glen Assoun wrongful conviction.

In a letter released yesterday, Kennedy reviewed the Assoun case, the RCMP’s involvement in the case, and Furey’s worry that he had a conflict of interest:

Recently the Nova Scotia Supreme Court has released documents that indicate that the RCMP had relevant information in its possession during the Assoun appeal in 2006 that was not given to Assoun or his counsel.

Now counsel on behalf of Mr. Assoun are making requests of the Nova Scotia Department of Justice seeking a response to this “wrongful conviction.”

Clearly the RCMP will be central to the matter as it moves forward.

The requests and public pressure require action and response from the Nova Scotia Minister. 

However, Minister Furey has a problem.

He is a retired member of the RCMP having served in the force for 32 years.

He was with the RCMP in Nova Scotia during both Mr. Assoun’s trial and appeal.

But Kennedy goes on to say that since Furey did not work on the Assoun case, he has no conflict of interest. Kennedy goes on to make an important point:

The Minister is responsible to the people of Nova Scotia for the oversight of the RCMP function.

Some have argued that since the RCMP is a federal agency, responsibility for destruction of evidence in the Assoun case rests with the federal government, not the provincial government. But while there may be issues the force should look at at the national level, oversight rests with the provincial government.

Policing in Nova Scotia is regulated by the provincial Police Act. And while the Halifax Regional Municipality contracts with the RCMP for services with HRM, it does so only under the conditions of the provincial Municipal and Police Acts. Moreover, discipline of the RCMP is meted out by the provincial Police Review Board and the provincial Serious Incident Response Team (SIRT). This is clearly a provincial matter.

Immediately after Kennedy’s letter was released, Furey sent the Halifax Examiner the following statement:

The Conflict of Interest Commissioner has advised that he does not believe I am in conflict in managing this matter. As Minister of Justice, I will continue to remain impartial and to act with the utmost integrity. I thank the commissioner for his time and opinion. I will now review this matter in detail and consider next steps in consultation with my federal colleagues. 

In other words, the dickering continues.

Meanwhile, Glen Assoun is penniless, and is relying on the kindness and generosity of others to simply get through his days.

In anticipation of what surely will be a substantial settlement, the provincial government should immediately give Assoun an upfront payment, at least enough for him to get an apartment and pay for his living expenses. Every day of delay is another day of injustice done to Assoun.

(And a big thank you to Jennifer Henderson for running lead on this issue the past few days.)