Anton Oleinik questions whether there’s a level playing field in the Liberal leadership race between John Hogan and John Abbott, which will be decided on May 3Published Apr 16, 2025 • Last updated 12 hours ago • 6 minute readDr. Anton Oleinik is a former professor at Memorial. His areas of expertise include political sociology and political economy. – Contributed Photo by Contributed /ContributedRegistered members of the Liberal Party of NL will choose the next Premier on May 3 between two contenders, John Abbott and John Hogan.Since their choice will affect all residents of Newfoundland and Labrador, the public has interest in fair play. It remains to be seen if the leadership election is free of interference.Fair or power play?Candidates are expected to step down from their positions in the government so public offices are not used to advance personal political interests. The Conflict of Interest Act prohibits public officeholders from using their positions to advance private interests.Liberal leadership campaigns were tainted by perceived conflicts of interest in the past. In 2020, ministerial aides campaigned during regular working hours for one contender, Mr. Andrew Furey, against the other, who happened to be Mr. Abbott.Mr. Hogan managed Mr. Furey’s 2020 leadership campaign. The coordinator of the aides for the Furey campaign is currently responsible for the operation of the Premier’s office.Mr. Hogan announced on March 3 that he was “stepping aside from [his] roles in Cabinet as well as [his] role as Government House Leader.”THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentSitting on the backbench, Mr. Hogan kept a seat on the government bench, too.In addition to the Minister of Health and Community Services hat, Mr. Hogan had several other hats. Before a Cabinet reshuffle past summer, Mr. Hogan wore four hats: the Minister of Justice and Public Safety and Attorney General, the Government House leader, and the Minister responsible for the administration of the Access to Information and Protection of Privacy Act (ATIPPA).After July 19, 2024, Mr. Hogan got rid of the potentially toxic responsibilities, assuming instead the role of the Minister of Health and Community Services, and keeping the hats of the Attorney General and the Government House Leader.On March 11, Dr. John Haggie replaced Mr. Hogan as the Acting Minister of Health and Community Services. Mr. Andrew Parsons assumed the role of the Attorney General. Ms. Lisa Dempster became the Government House Leader. Mr. Hogan did not formally relinquish his duty as the Attorney General before March 11.Article contentThe Attorney General hat was not immediately tossed in the ring. Mr. Hogan continued to play this role one week after the other contender, Mr. Abbott, announced his bid for Liberal leadership on March 4. The decision to retain the reins of power during this week is notable.Joining powersThe Attorney General has vast powers. He administers “criminal justice in the province, and the prosecution of all offences” and represents “the Crown in matters of civil litigation.”More importantly, the Attorney General maintains several communication channels with the judiciary. The Rules Committee of the Supreme Court is one. The Attorney General’s representative is on the Committee. The Supreme Court’s Chief Justice chairs the Committee.Unlike in other Canadian jurisdictions, little is known about the Rules Committee’s operation. Neither the timing of the committee’s meetings nor the agenda is made public. In contrast, citizens are encouraged to contribute to the deliberations of the committees with similar mandates in Ontario, British Columbia, the federal courts, and elsewhere.Article contentInformal meetings with the judiciary became Mr. Hogan’s other privilege. Few of them are acknowledged, let alone documented. Regardless of what is discussed at such meetings, the separation of powers is at stake.In November 2021, Mr. Hogan sought a meeting with the former Supreme Court Chief Justice chairing the 2020 ATIPPA Review Committee. The commissioner responded that he would not feel comfortable “in trying to further justify or support a recommendation beyond what is said in the Report or in reconsidering a recommendation based on further discussions.”Since no meeting took place, Mr. Hogan likely expected more from further discussions with the commissioner tasked to “complete the review independent of the Government of Newfoundland and Labrador.” The ATIPPA has not been amended to date.Mr. Hogan met with the Chief Justice in March-April 2022. The Chief Justice was “advocating on behalf of the judiciary.” The government initially didn’t respond to a request for access to records about this meeting. The overdue response did not contain any record of the meeting. The Information and Privacy Commissioner concluded that there is no proof of the existence of a written record.Article contentMr. Hogan’s representative met with the Chief Justice again in December 2023–January 2024 to accommodate his request to allocate additional resources to the Supreme Court. The Chief Justice expressed concerns for judicial safety in the light of “close calls locally and incidents happening in other jurisdictions,” although no particulars were cited. John Hogan, left, and John Abbott, right, are the two contenders for the NL Liberal leadership race.A black mark against the opponentThe Supreme Court considered a matter directly related to the Liberal leadership contest on March 20. Four years after a statement of claim challenging the March 2021 election of Mr. Abbott to the House of Assembly was issued, the court finally decided to hear it. The judge rejected the argument that the general election, due by October, renders the matter moot.To add more spice, Mr. Abbott is represented by “the largest firm in Atlantic Canada,” in the Premier’s words. The government engaged the same law firm to work on the Churchill Falls deal before the January extraordinary sitting and avoided any references to it after that. Mr. Abbott’s lawyer managed the 2021 Liberal General election campaign and accompanied the premier during his 2024 visit to Europe.Article contentRegardless of the outcomes of the claims made by Ms. Alison Coffin, who lost the election by a very narrow margin of 53 votes to Mr. Abbott against the backdrop of the seeming irregularities in voting, and Mr. Whymarrh Whitby, a voter, Mr. Abbott’s credentials appear to be tainted at a particularly inopportune time for him. The court won’t determine whether Mr. Abbott’s seat is to be vacated until after the leadership contest.Recommended from Editorial Liberal Leadership Race: Abbott says NL residents will see immediate change if he becomes premier Liberal Leadership Race: Hogan wants Newfoundlanders to know he’ll have their back Trump’s precedentAn inquiry can help establish whether any meeting or communication occurred between the Attorney General’s office and the Supreme Court from March 3 to 11. Access to information requests won’t suffice.First, the time left before the leadership election is too short to receive a response to an access request (20 working days) and get it reviewed by the Information and Privacy Commissioner, if necessary (65 working days). Second, the Opposition Party and the NDP questioned the appointment of the new Information and Privacy Commissioner in December 2024.Article contentThe Commissioner’s perceived impartiality is a must in such politically sensitive matters. Third, the government routinely withholds most information about the contacts of its representatives with the judiciary. For instance, the government withheld 92 per cent of records relating to the participation of the Attorney General’s representative in the Rules Committee, the very same information that is posted online elsewhere in Canada.The NL Liberal Leadership Election Special Committee has the necessary power and authority. Its members can conduct “background checks as required.” The 2019 Impeachment Report set an important precedent. The congressional inquiry showed that the Attorney General of a foreign power was a contact person and target of US President Donald Trump’s efforts aimed to advance his “personal political interests.” Contacts with the Minister of Health were of no use for Trump. Six years later, many, including the outgoing Premier, deem Trump a threat to Canada’s independence.Article contentThe NL Liberal Leadership Election Special Committee didn’t respond to a query made on April 2 as to whether a candidate’s choice not to step aside timely from his role in Cabinet may have impacted the selection of the new Premier. If the Committee doesn’t act, the leaders’ debate on April 23 will be the other chance to try to sort things out before facing a fait accompli. However, it won’t be easy to cross-check the contenders’ claims immediately.The question of whether the Attorney General’s powers affected the leadership election begs an answer.Dr. Anton Oleinik is a former professor at Memorial. His areas of expertise include political sociology and political economy.Article content
ANTON OLEINIK: NL’s Liberal leadership contest: Is the playing field level?
