Bill Boyd booted from caucus over conflict of interest, legal action possible

Premier Brad Wall has booted Bill Boyd from caucus after the retiring MLA was found to be in a conflict of interest through his involvement in an immigration-irrigation scheme.

Boyd himself and the provincial NDP requested the review following an investigation by CBC's iTeam into Boyd's business activities. 

In his report released Monday, Saskatchewan's Conflict of Interest Commissioner Ron Barclay concluded Boyd violated the province's conflict of interest act.

Mr. Boyd's actions in respect of this matter fall far below the standards expected of members of the legislative assembly.- Ron Barclay, Saskatchewan's Conflict of Interest Commissioner

"Mr. Boyd's actions in respect of this matter fall below the standards expected of members of the legislative assembly," wrote Barclay.

"I conclude that he inaccurately represented the involvement of the Government of Saskatchewan in this irrigation project that he was promoting in China."

Wall accepted Boyd's resignation and referred the commissioner's findings to the Ministry of Justice for possible legal action, he said Monday in a written statement.

August 16, CBC News revealed that Boyd, a former high-profile cabinet minister, was the keynote speaker at a March seminar in Beijing, offering Chinese nationals a chance at immigration in exchange for investment in a firm in which Boyd is directly involved: Modern Hi-Efficiency Agriculture Corporation. Boyd told CBC he's the chairman.

• CBC INVESTIGATES | Bill Boyd promoting immigration scheme that would benefit company he's involved in
• CBC INVESTIGATES | Irrigation equipment from Chinese immigration scheme would water land farmed by Bill Boyd

Boyd told the would-be immigrants that — in exchange for a $300,000 investment — Modern Hi-Efficiency would form a partnership with the investor, and together they would purchase irrigation equipment.

The company claimed this partnership may qualify the Chinese investor for permanent residence in Canada under the Saskatchewan Immigrant Nominee Program, which Boyd oversaw as minister of the economy until he resigned last August.

Boyd sought benefit from connection to government: commissioner

The commissioner found that Boyd used his connection to the Saskatchewan government for his own personal benefit.

The website and posters promoting the event referred to Boyd as the minister of the economy, though he no longer was at the time of the seminar. And the advertising prominently featured the government of Saskatchewan logo.

Barclay also found that the PowerPoint presentation used by Boyd "featured the government of Saskatchewan logo on nearly every slide."

Boyd explained that he told the audience he was there merely as a private businessman and farmer and not a representative of the Saskatchewan government. Barclay dismissed that claim.

"Mr. Boyd was not presenting himself as a mere private business person and farmer," Barclay said. "These circumstances show that he was using his office as an MLA to seek to influence the decisions of potential investors."

Barclay said Boyd unjustly sought his own gain by claiming close connection to the government of Saskatchewan.  

"Mr. Boyd was a partner in the investment scheme, which would raise money from investors and also place valuable irrigation equipment onto land owned by Mr. Boyd."

Independent review required, says ethics watchdog

Now the premier has asked the ministry of justice to review the commissioner's findings.

But Duff Conacher, the co-founder of Democracy Watch, says in order to ensure an unbiased review of the commissioner's report and Boyd's actions, the premier should send this matter to an independent public prosecutor or to the Ministry of Justice of a different province.

He said it's crucial to have a process where "governments are not involved in overseeing, in any way, the prosecutors who will make the decision about whether charges are laid in these kind of cases involving politicians or members of the government."

Conacher also said the commissioner's report gives the RCMP some reason to investigate Boyd for breach of trust, because it appears he used his office improperly in a way that benefited himself.

"It's a higher standard of evidence that has to be satisfied by the police, but it looks like there's enough certainly to investigate whether he crossed the line and violated the breach of trust provision in the criminal code," said Conacher.

Boyd said in a statement he takes full responsibility for his actions but that he never intended there to be a conflict.

"I made an error in judgment and for that I am truly sorry," Boyd said.  

'Too little too late'

The NDP has already asked the RCMP, the Canada Border Services Agency and Saskatchewan's securities regulator to investigate Boyd's dealings.  

Nicole Sarauer, the interim leader of the NDP, says the premier's discipline of Boyd and call for a review is "too little too late."

Sarauer notes that just days ago, after the premier knew about Boyd's Chinese business dealings, Wall accepted Boyd's resignation as MLA with adulation for the longtime politician.

"It's no exaggeration to say if it wasn't for Bill Boyd, there wouldn't be a Saskatchewan Party," Wall is quoted as saying in a news release.

"It's very alarming, it's very concerning," said Sarauer. "Not just the premier's office, but the entire Sask. Party caucus knew about Mr. Boyd's actions, yet allowed him to resign with fanfare actually."

The veteran MLA announced his retirement from politics on August 15, the day before CBC broke the story of his Chinese dealings. At that time, he said he intended to resign as of Sept.1.