Ontario Senator Lynn Beyak is back in the Senate after being suspended by her colleagues in May.
Earlier this year, the Senate Ethics Officer ruled she breached two sections of the Senate Code of Ethics when she posted letters to her Senate website which were deemed racist by two fellow Senators who complained about them. One of those letters called into question whether Indian Residential Schools were harmful.
After an inquiry, which lasted much of 2018 and into this year, the ethics office concluded Beyak did not uphold the highest standards of her position.
The suspension was only in effect until the new government was elected in October. She has no party affiliation in ‘Red Chamber’ since the Conservative Party removed her from caucus.
Over the course of her suspension, she was required to fulfill five recommendations as put forth by the Senate.
She has sent a letter to the Senate, posted below, indicating she has complied with those recommendations.
November 27, 2019
A Letter to my Senate Colleagues
Dear Senators:
Owing to recent media reports about me, I wish to clarify the situation in respect of my acceptance of the findings and Recommendations of The Senate Ethics Committee, as well as my good faith compliance with the Committee’s 5 Recommendations.
My lawyer, Mr. Don Bayne, sent a letter to Senator Joyal, Chair of the Intersessional Authority on Ethics and Conflict of Interest for Senators, detailing my compliance with all 5 Recommendations, and Senator Joyal responded that the committee is studying the documents and will respond to us in due course.
I respect the Senate of Canada, the role of all Senators, the Role and Authority of the Senate Ethics Officer, and of the Standing Committee on Ethics and Conflict of Interest for Senators, completely and unequivocally, and always have.
The five recommendations of the Standing Committee on Ethics and Conflict of Interest for Senators in its FIFTH REPORT of April 30, 2019 set out the conditions listed below.
RECOMMENDATION #1
That, unless Senator Beyak has removed from her website the five letters that the Senate Ethics Officer has identified as containing racist content, the Senate Administration be directed to immediately remove the letters.
All five letters have been removed from my website and will not be reposted to the site, at any time.
RECOMMENDATION # 2
That Senator Lynn Beyak be suspended for the duration of the current Parliament, until such time as this suspension is rescinded pursuant to rule 5-5(i), and such suspension shall have the following conditions: a) Senator Beyak, while under suspension, shall not receive any remuneration or reimbursement of expenses from the Senate, including any sessional or living allowance; b) Senator Beyak’s right to the use of Senate resources, including funds, goods, services, premises, moving and transportation, travel and telecommunication expenses, shall be suspended for the duration of her suspension; c) Senator Beyak shall not receive any other benefit from the Senate during the duration of her suspension; and 11 d) notwithstanding paragraphs a), b) and c), during the period of her suspension, Senator Beyak shall have normal access to Senate resources necessary to continue life, health and dental insurance coverage; That the Standing Committee on Internal Economy, Budgets and Administration take any action, as it considers appropriate, pertaining to the management of the office and personnel of Senator Beyak during the duration of her suspension
I fulfilled my suspension in full, without incident and in accordance with the recommendation.
RECOMMENDATION # 3
That, within 30 days of the adoption of this report, Senator Beyak attend, at her own expense, educational programs related to racism toward Indigenous peoples in Canada and the history of Crown-Indigenous Relations that are pre-approved by the Senate Ethics Officer, and that the Senate Ethics Officer monitor Senator Beyak’s participation in the educational programs mentioned above and report, within 15 days of her completing them, to the committee with respect to Senator Beyak’s attendance and performance at the educational programs; And that the committee cause this report of the Senate Ethics Officer to be posted on its website upon its receipt.
I attended educational programs, pre-approved by the Senate Ethics officer, on May 19 and June 6, 2019, at my own expense, within the specified 30 days, and a letter of confirmation was sent on June 20, 2019, within his 15 day reporting period, to the committee, by the Senate Ethics Officer, stating that I had fulfilled that recommendation.
Recommendation # 4
That, within 30 days of the adoption of this report, Senator Beyak be provided a briefing by the Clerk of the Senate regarding her role and responsibilities as a senator, including relevant rights, rules and privileges – and limitations thereupon; such briefing may be provided by conference call or by video conference call, at the Senate’s expense.
The Clerk of the Senate confirmed in writing that I took the briefing in person, in his office, on May 30, 2019.
RECOMMENDATION # 5
That Senator Beyak apologize to the Senate in writing through a letter addressed to all senators and deposited with the Clerk of the Senate and who will cause such letter (a) to be published in the Journals of the Senate either: (i) on the next sitting day after the apology is received, or (ii) for the last sitting day if received between the adjournment of the Senate and the prorogation or dissolution of Parliament; and (b) to be made publicly available on an appropriate portion of the Senate’s website.
I hand delivered my written apology, addressed to all senators, to the office of the Clerk of the Senate, who acknowledged in writing, receipt of same.
I deeply respect the Senate and love working with my Senate colleagues. I pledge myself to uphold the highest standards of conduct and look forward to working hard for all of the people of Ontario and Canada.