Yukon ombudsman threatens Yukon gov't with legal action over budget dispute

Yukon's ombudsman, Jason Pedlar, says he's planning legal action over the territorial government's "unprecedented insertion" of civil servants into the budgeting process for independent offices of the Legislative Assembly.

The dispute flared up in November, when Pedlar, Annette King, the territory's child and youth advocate, and Maxwell Harvey, the chief electoral officer, all complained finance department officials vetoed budget increases for their offices.

They, and Speaker Jeremy Harper, all objected, saying the government's move threatens their independence.  

"Government intrusion creates both a real and perceived conflict of interest that could be used against us as a punitive measure if our findings or actions are unfavourable or seen to be so," Pedlar said in a news release Tuesday. "It is the proverbial Yukon fox guarding the hen house."

Pedlar is also the Yukon's information and privacy commissioner and public interest disclosure commissioner. In an interview, he said he's less concerned about the exact budget figure for his office than the principle.

"We can't do the work of investigating, [and] potentially criticizing government if we don't have assurances that there's no opportunity for reprisal," Pedlar said. 

He also said it's not clear to him why finance department officials need to be involved at all, when the budgets of independent offices are first approved by the all-party members services board, then again in a vote of the full Legislative Assembly after the territorial budget is tabled in the spring.

In December, Harper wrote to Finance Minister Sandy Silver complaining that the department's management board wasn't implementing the budgets as submitted.

"This concerning change in practice undermines the independence of the above offices as separate entities from the Yukon government," Harper wrote, alleging the move also threatens the independence of the Legislative Assembly.

In response, Silver wrote that the finance department's actions align with a legal opinion dating back to 2008. 

"It is entirely appropriate and within the scope of the management board secretariat to review estimates submitted by all departments, agencies, corporations, offices or any other entity which is funded via the territorial government's budget," he wrote.

Silver did not say why the management board's actions appear to have changed from previous years. But he also said the agency budgets have not been finalized.

The Yukon government cabinet office declined an interview with CBC News about the issue.

Pedlar said he plans to file a legal challenge in a "matter of days and not weeks or months" because he wants the dispute resolved before the assembly reconvenes in the spring.