Conacher: I have reviewed your letter of August 21, 2023, in which you request an investigation, under the Conflict of Interest Act (Act), into the conduct of the Honourable Jonathan Wilkinson, Minister of Energy and Natural Resources. [...] The interests you have identified are too remote and speculative in nature to cause them to conflict with the exercise of Mr. [...] The longstanding position of the Office is that the appearance of conflict is not captured by the Act’s substantive rules of conduct. [...] In dismissing the matter, the Courts heard the same issue of an alleged bias in the appointment process, and the unanimous panel put that issue to rest by citing the Supreme Court of Canada’s decision in Ocean Port Hotel Ltd. [...] A careful reading of the decision shows that the Courts do not support the proposition that bias exists in the appointment process but rather that even in cases where bias could exist it can be overcome by the nature of the legislative scheme.
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