Mouths that Roar can be Costly
Author:
Victor Vrsnik
2001/02/07
Were there to be an appointment to the Ministry of Silly Talk, it would be a toss up between Stockwell Day and former Manitoba cabinet minister John Bucklaschuk. The intrepid pair of politicians put taxpayers in the line of fire while shooting off at the mouth.
Albertans can thank then Provincial Treasurer Stockwell Day for his daring attack on an Alberta lawyer for defending a convicted pedophile. The lawyer, Lorne Goddard, sued for defamation and took Day to the cleaners.
Now, Day's careless comments cost Alberta taxpayers nearly $800,000 in an out-of-court settlement. As a MLA, Day was covered under Alberta's Risk Management Fund that insures all elected officials and public servants, providing they act "within the course of their duties."
Day's settlement is chump change compared to Manitoba's famous $2 million defamation case. Former NDP Minister Responsible for Manitoba Public Insurance, John Bucklaschuk was found liable three years ago for defaming Carl Laufer, former president of MPI and was ordered to pay $2 million in damages. It was the highest defamation bill ever awarded in Canada.
Back in 1987, the NDP government was under fire for MPI irregularities (nothing ever changes). Bucklaschuk alleged to the media that Laufer concealed $36 million in losses from the corporation's board of directors. According to media reports, Bucklaschuk later admitted knowing about the losses before sacking Laufer but didn't go public because it was an election year.
Supposedly acting "within the course of his duties," Bucklaschuk was eligible for legal coverage under the province's insurance program, administered at the time by, whom else, but MPI. Bucklaschuk's blunder put Manitoba motorists and the auto insurance monopoly on the hook for $2 million in damages. At the moment, the province's Risk Management program has replaced MPI's liability insurance role.
By a stroke of luck, MPI was spared the bill. In an appeal, a higher court overruled the decision arguing that the damage award was grossly excessive. The Manitoba Court of Appeal has since ordered a new trial, meaning Manitobans are for the moment off the hook until Laufer launches a new defamation suit.
Politicians sometimes say the darndest things and make themselves targets of lawsuits, whether or not anything untoward was intended. Liability insurance plans are in place to protect politicians from questionable court actions.
But politicians shouldn't be given blanket immunity for reckless remarks. And taxpayers shouldn't be expected to foot the legal bills when their political masters lie through their teeth or talk trash.
The Day and Bucklaschuk cases give pause for a reexamination of these taxpayer funded insurance plans. Shouldn't politicians bear some of the cost of financing their liability insurance programs? Perhaps they should pay part of the premiums.
Are the conditions for insurance coverage eligibility fair and transparent? Do they guard the public purse from spurious claims?
Without shared responsibility, politicians will be reluctant to show restraint in their words and deeds knowing that a taxpayer-funded insurance plan will bail them out in court. And once the sharks that prey on politicians smell taxpayer blood don't be surprised if the defamation suits start to pile up.