Minister does perceived conflict of interest justice

Share

By Rachel Ward

Lena Diab says her constituency office is only minutes from where she grew up. Now she’s not only representing her long time neighbourhood of Halifax Armdale in provincial politics as a member of the legislative assembly, but writing the laws that will govern everyone in Nova Scotia.

Lena Diab, member of legislative assembly. Photo: Facebook
Lena Diab, member of legislative assembly. Photo: Facebook

Diab is about to begin her second year as the minister of justice, minister of immigration and attorney general of Nova Scotia. The job builds on her over twenty years of experience as a lawyer, having worked in a wide variety of areas. She’s been careful to leave that behind, as well as her family’s small property management business.

“To be an MLA is a full time job itself,” said Diab in an interview.

More than that, her new position as a member of the government’s executive team – leading discussions around new laws and more – could create potential conflict with her old career responsibilities, had she stayed involved with those.

“I don’t think it would have been possible to continue to practice law,” said Diab.

Part of the problem is that being a member of the legislative assembly is more than enough work, said Louise Cabrert, a political scientist with Dalhousie University, via email, although “historically, being a politician wasn’t expected to be a full-time job.”

Many politicians earn additional income while in office, said Carbert, held back only by “public opinion,” not laws. The rules are different for the big players, including Diab. She is covered by conflict of interest legislation – and it’s that, along with the potential for perceived conflict of interest, that she was trying to avoid.

For example, Diab had been the registered agent for Jono Developments Ltd, a property development company owned by Joe Metlege. Just last fall the company launched a suit against Halifax Regional Municipality, saying the city violated its own policy when selling a surplus school in the city’s North End.

A different lawyer – not Diab – took the case to court. Diab had just been elected, and was about to be appointed as the attorney general, responsible for the Crown.

“I was the registered agent for many, many companies,” said Diab. “That’s part of what I did as a lawyer.”

Diab says she is no longer with the company, and shouldn’t be listed on Joint Stocks.

“Am I still?” she said. “I don’t think so.”

The page, accessed most recently on September 8, 2014, says she is. Diab attributes this discrepancy to the slow process it takes to update the registry.

View a timeline of Diab’s career highlights:

The Nova Scotia Barristers Society, the regulatory body for lawyer, says it supports Diab in how carefully she eliminated any potential for perceived conflict.

“There’s no problem with lawyers who are elected as members of the legislature to continue practicing. Many of them do and have over the years. That doesn’t create a problem,” said Darrel Pink, the NSBS executive director.

“But once they are appointed to cabinet that does change their obligations.”

Listen to Darrel Pink explain conflict of interest expectations:

Diab says she was careful to separate her two lives, and move on to the new adventure. She says Stephen MacNeil, the Liberal party leader and new premier, called her himself to offer the cabinet posting.

“I can tell you, I was thrilled.”

Diab attended the Canadian Defence Security and Aerospace Conference in early September. Photo: Facebook
Diab attended the Canadian Defense Security and Aerospace Conference in early September. Photo: Facebook

The appointment is a first for Nova Scotia. She’s the first female attorney general. On the walls of her office are portraits of the previous attorney generals back two hundred and fifty years.

“They were all great men, but they were all men,” says Diab.

“I didn’t get that position because I’m a woman, but I think it’s great that I am.”

Diab says her entire career has led to where she is now. She spent over twenty years in a “smaller” law firm on Chebucto Road, touching many branches of law, including real estate, family, estate, etc. The province also appointed her to help on several appeal boards, including ones for the Residential Tenancy Act, property assessments and parking tickets. She says she’s also been a volunteer in her community. Politics partners all those interests, she says.

“Taking on the justice portfolio was just an extension of that.”

As well as being a full time lawyer, Diab ran a small family business owning and managing income properties scatters throughout Halifax and Bedford. The good timing of her children’s ages and education helped with her being able to jump into politics. She’s stepped back, and left that job in the hands of her children – most are now graduated or almost graduated – and her husband, her business partner. Together they own 13 properties worth more than $6.3 million.

“They’re educated, they’re smart. It’s not difficult for them,” says Diab, referring to her children. “My husband’s very good at it. He’s been doing it for 38 years.”

View all of Diab’s properties here:

Diab ran on a platform highlighting her experience as a small business owner in the real estate field. Those connections helped fund her campaign, with over $18,000 in donations. Her father, Steven Metlege, for whom she helped appeal his income property’s water bill in 2008, donated $1,500.

few other interesting names scatter the list. Cathy Fares, the wife of the honorary Lebanese consulate for Atlantic Canada and a local development company owner, gave $1,000. Joseph Ghosn, owner of an investment company, gave $500, and Solomon Ghosn, owner of Barrington Lane Developments, gave $1,000. Tony Ramia, a business owner and brother of convention centre developer Joe Ramia, also gave that amount.

Diab is now the minister responsible for the Elections Act that oversees all of the expenses and donations rules. Diab spent a total of $39,374.88 on the campaign, all going towards paying her staff, headquarter expenses, some events, and none on “personal expenses,” according to election filings. Since her election last fall, she’s received a total compensation of just over $98,000, according to public disclosure documents.

Diab has been busy in government and her new career. She was  in the news when a man, wrongfully convicted, sued the province for compensation. She’s also introduced six bills, and says she has spearheaded a project intended to speed up wait times for people going through the court system.

“I love what I’m doing, and I love the opportunity to be able to use my legal background and my community experience to affect changes in the law and in legislation to better help our Nova Scotians.”

Leave a Reply

Your email address will not be published. Required fields are marked *