ProxiVote complaint triggers preliminary review by ethics watchdog

The federal ethics watchdog has launched a preliminaryinvestigation into whether Conservative MPs Rob Clarke and Rod Bruinoogemay have breached House conflict of interestrulesby voting to drop a longstanding ban on the use of smartphones, tablets and other communications devices at polling stations.

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Ethics Commissioner Mary Dawsonhasdetermined that there are sufficient grounds to begin an initial review of the file after receiving an official request for an inquiry from Liberal MP Scott Simms earlier this week.

Bruinooge and Clarkeare the co-creators of ProxiVote, a mobile campaign app being marketed to right-leaning politicalhopefuls by Proximity Mobile, a company headed up by Bruinooge's wife, Chantale.

According to disclosure statements filed with Dawson's office, both MPs have current tiestoProximity Mobile's parent company, 6317414 Manitoba Bruinooge is an officer, and Clarkeacknowledges what he describes as a "nominal interest."

• Rod Bruinooge's disclosure statement
• Rob Clarke's disclosure statement

Given their continuing connection to the app,Simms contends thatBruinooge and Clarke should haverecused themselves from votes related to the Fair Elections Act,whichwasintroduced by the governmentthis spring, andwas passed into law in June.

Law changes had 'direct, positive effect'

"The basic purpose of ProxiVote is to help campaigns keep track of who has voted on Election Day," Simmsnoted in his letter to Dawson.

"While this is standard practice for all nearly all candidates, the software produced by ProxiVote would expedite the process by allowing data entry directly in the polling station."

Under the new law, the previous prohibition on using electronic devices at the polls has been removed a change that, according to Simms, "has had a direct, positive effect on the value of ProxiVote's software."

Section 8 of the MPs'conflict of interest code forbids members fromacting "in any way" to further their private interests or those of a family member, including a spouse while performing their parliamentary duties.

• Conflict of Interest Code for Members of the House of Commons

A separate provision found in Section 13 of the code also explicitly bars MPs from participating in debates or votes "on a question in which he or she has a private interest."

MPs have 30 days to respond

But while Simms'requestsuggestedthe two MPs may have contravened both sections, Dawson has already cleared Bruinooge of any violation related to the second.

"Section 13 is limited to matters in which the Member, himself or herself, has a private interest, and you have not identified a relevant private interest of Mr. Bruinooge," Dawson notes in her reply toSimms acknowledging his request.

As a result, she has askedhim to respondonlytohispossible contravention of Section 8.

Clarke, however,will have to address his actions under both sections, as he has disclosed a direct interest in the company.

The two MPs will have30 days to respond to the request for an inquiry, after whichDawsonwill decideif the matter warrants a fullexamination.

In a written statement sent to CBC News earlier this week, Bruinooge said he has "no concerns" with Simms' contacting the commissioner "in relation to myself or my wife's company."

Although she has no power to penalize MPs who breach the code,Dawsonis obliged to report her eventual findings back to the House, and canrecommend sanctions.