Ed Byrne (politician)
Encyclopedia
Ed Byrne was a Canadian politician
, formerly a member of the House of Assembly
of the province of Newfoundland and Labrador
. He served as leader of the Newfoundland and Labrador Progressive Conservatives and opposition leader from 1998 to 2001. When the Conservatives came to power in 2003, he was named Minister of Natural Resources and Government House Leader, being considered the second-most powerful politician in the province after Premier Danny Williams
.
Byrne was forced to step down from cabinet in 2006 after it was revealed that he and several other legislators had exceeded their constituency allowance claims, which led to a criminal investigation. He resigned from the Assembly at the end of that year. In 2009, he was convicted of defrauding the Crown of in excess of CAD$100,000 and influence peddling
(known more formally in Newfoundland and Labrador as fraud against the government).
where towards a joint Bachelor of Arts / Bachelor of Education program majoring conjointly in Newfoundland
Studies and Religious Studies. In 1984, he was elected President of the University’s Council of the Students’ Union.
He began his career as an adult educator specializing in curriculum development and serving as a skills training coordinator, and he went on to serve as Administrator of the Atlantic Labour Training Trust Fund. For five years, as well, he served as a management consultant.
He wed the daughter of Gerry Ottenheimer
, who was then serving as the Deputy-Speaker
of the Senate of Canada. Subsequently, Byrne was elected to represent the district of Kilbride in the provincial elections of 1993, 1996, 1999 and 2003. As a Progressive Conservative Member of the House of Assembly
, he served in several shadow portfolios including Post-secondary Education, Employment and Labour Relations, Environment, and Industry, Trade and Technology; and as Chair of the Public Accounts Committee.
He served as Leader of the Progressive Conservative Party and Leader of the Opposition
from 1998 to 2001. He stepped aside in 2001 to allow St. John's
businessman Danny Williams to assume the leadership. Williams and the Progressive Conservatives then went on to win the 2003 provincial election.
Byrne was appointed as the Minister of the Departments of Mines and Energy and Forest Resources and Agrifoods (now known collectively as the Department of Natural Resources) and Government House Leader on November 6, 2003 by Williams, positions he held until June 21, 2006.
of the House of Assembly over financial issues. Byrne left cabinet that day.
On June 22, 2006, the provincial Auditor General released a report on Byrne's constituency allowance claims in the 2003 and 2004 fiscal years. While Byrne had been eligible for a maximum claim of $31,500 for that period, the Auditor General had found evidence that he had claimed a total of $326,642 in excess of that amount. The Auditor General recommended that the case be turned over to the Department of Justice for review.
The Auditor General also reported, on June 22, that three other members of the House of Assembly were being investigated for similar actions, one former Liberal
member, one sitting Liberal
member, and one sitting New Democratic Party
member. The finance director of the Assembly, Bill Murray, was also suspended. As the scandal involved all political parties, the Conservatives did not suffer a backlash in the 2007 election and actually increased their share of the popular vote and seat count.
On June 23, the Royal Newfoundland Constabulary
began a criminal investigation based on the findings of the Auditor General. Byrne, three other Newfoundland politicians and a senior civil servant in the House of Assembly were subsequently indicted under the Criminal Code of Canada, on fraud-related offenses.
On November 28, 2006, Byrne announced his resignation from provincial politics, effective January 1, 2007.
Associate Chief Judge D. Mark Pike, Byrne pleaded guilty to both criminal charges laid against him: fraud in excess of $5,000 and fraud against the government (influencing peddling). On April 17, 2009, Judge Pike sentenced Byrne to two-years-less-a-day on the count of fraud in excess of $5,000, and eighteen months on the count of fraud against the government, with both sentences being served concurrently. Byrne was further ordered to repay CAD$117,812 to the Crown
.
In his sentencing decision, the Judge noted that "The most aggravating factor to be considered is that this fraud and bribery was committed by someone who was in a high position of public trust. When officials enrich themselves or others in circumstances such as this, there is an undermining of the confidence in the democratic system ... Byrne used his position to carry out these fraudulent and corrupt activities." The Judge noted two significant mitigating factors in his decision: first, that Byrne's marriage had broken down (and his family life dramatically affected); and, second, that having been convicted of an offense against Her Majesty, Byrne may never again be employed in or by the Public Sector (i.e., any government body under the authority of Her Majesty anywhere in Canada). The judge nonetheless largely agreed with the prosecution's request for two years imprisonment, citing the need to send a message of deterrence given the serious nature of Byrne's fraud. The judge rejected the defence's suggestion for a conditional sentence as too lenient, despite considering Byrne as not considered a danger to society if he was released due to his high profile.
Byrne had a prior conviction for impaired driving in 1991.
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
, formerly a member of the House of Assembly
House of Assembly
House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level....
of the province of Newfoundland and Labrador
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
. He served as leader of the Newfoundland and Labrador Progressive Conservatives and opposition leader from 1998 to 2001. When the Conservatives came to power in 2003, he was named Minister of Natural Resources and Government House Leader, being considered the second-most powerful politician in the province after Premier Danny Williams
Danny Williams (politician)
Daniel E. "Danny" Williams, QC, MHA is a Canadian politician, businessman and lawyer who served as the ninth Premier of Newfoundland and Labrador between November 6, 2003, and December 3, 2010. Williams was born and raised in St. John's, Newfoundland and Labrador...
.
Byrne was forced to step down from cabinet in 2006 after it was revealed that he and several other legislators had exceeded their constituency allowance claims, which led to a criminal investigation. He resigned from the Assembly at the end of that year. In 2009, he was convicted of defrauding the Crown of in excess of CAD$100,000 and influence peddling
Influence peddling
Influence peddling is the illegal practice of using one's influence in government or connections with persons in authority to obtain favors or preferential treatment for another, usually in return for payment. Also called traffic of influence or trading in influence ...
(known more formally in Newfoundland and Labrador as fraud against the government).
Early career and rise in politics
Byrne studied at Memorial University of NewfoundlandMemorial University of Newfoundland
Memorial University of Newfoundland, is a comprehensive university located primarily in St...
where towards a joint Bachelor of Arts / Bachelor of Education program majoring conjointly in Newfoundland
Newfoundland and Labrador
Newfoundland and Labrador is the easternmost province of Canada. Situated in the country's Atlantic region, it incorporates the island of Newfoundland and mainland Labrador with a combined area of . As of April 2011, the province's estimated population is 508,400...
Studies and Religious Studies. In 1984, he was elected President of the University’s Council of the Students’ Union.
He began his career as an adult educator specializing in curriculum development and serving as a skills training coordinator, and he went on to serve as Administrator of the Atlantic Labour Training Trust Fund. For five years, as well, he served as a management consultant.
He wed the daughter of Gerry Ottenheimer
Gerry Ottenheimer
Gerald Ryan Ottenheimer Q.C., was a Canadian politician and Senator.Ottenheimer, was the scion of Newfoundland's wealthiest family. His grandfather was a prosperous fishing magnate named James M. Ryan...
, who was then serving as the Deputy-Speaker
Speaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the Senate of Canada. Subsequently, Byrne was elected to represent the district of Kilbride in the provincial elections of 1993, 1996, 1999 and 2003. As a Progressive Conservative Member of the House of Assembly
House of Assembly
House of Assembly is a name given to the legislature or lower house of a bicameral parliament. In some countries this may be at a subnational level....
, he served in several shadow portfolios including Post-secondary Education, Employment and Labour Relations, Environment, and Industry, Trade and Technology; and as Chair of the Public Accounts Committee.
He served as Leader of the Progressive Conservative Party and Leader of the Opposition
Leader of the Opposition (Canada)
The Leader of Her Majesty's Loyal Opposition , or simply the Leader of the Opposition is the leader of Canada's Official Opposition, the party with the most seats in the House of Commons that is not a member of the government...
from 1998 to 2001. He stepped aside in 2001 to allow St. John's
St. John's, Newfoundland and Labrador
St. John's is the capital and largest city in Newfoundland and Labrador, and is the oldest English-founded city in North America. It is located on the eastern tip of the Avalon Peninsula on the island of Newfoundland. With a population of 192,326 as of July 1, 2010, the St...
businessman Danny Williams to assume the leadership. Williams and the Progressive Conservatives then went on to win the 2003 provincial election.
Byrne was appointed as the Minister of the Departments of Mines and Energy and Forest Resources and Agrifoods (now known collectively as the Department of Natural Resources) and Government House Leader on November 6, 2003 by Williams, positions he held until June 21, 2006.
Constituency allowance scandal
On June 21, 2006, Williams announced that he had requested Byrne's resignation as a result of an audit of the financial records of the House of Assembly by the Auditor General of the province. Byrne was forced to step down after the Auditor General expressed concern to the SpeakerSpeaker (politics)
The term speaker is a title often given to the presiding officer of a deliberative assembly, especially a legislative body. The speaker's official role is to moderate debate, make rulings on procedure, announce the results of votes, and the like. The speaker decides who may speak and has the...
of the House of Assembly over financial issues. Byrne left cabinet that day.
On June 22, 2006, the provincial Auditor General released a report on Byrne's constituency allowance claims in the 2003 and 2004 fiscal years. While Byrne had been eligible for a maximum claim of $31,500 for that period, the Auditor General had found evidence that he had claimed a total of $326,642 in excess of that amount. The Auditor General recommended that the case be turned over to the Department of Justice for review.
The Auditor General also reported, on June 22, that three other members of the House of Assembly were being investigated for similar actions, one former Liberal
Liberal Party of Newfoundland and Labrador
The Liberal Party of Newfoundland and Labrador is a political party in the province of Newfoundland and Labrador, Canada and the provincial wing of the Liberal Party of Canada. It is the Official Opposition and currently holds six seats in the provincial legislature.-Origins:The party originated in...
member, one sitting Liberal
Liberal Party of Newfoundland and Labrador
The Liberal Party of Newfoundland and Labrador is a political party in the province of Newfoundland and Labrador, Canada and the provincial wing of the Liberal Party of Canada. It is the Official Opposition and currently holds six seats in the provincial legislature.-Origins:The party originated in...
member, and one sitting New Democratic Party
New Democratic Party of Newfoundland and Labrador
The Newfoundland and Labrador New Democratic Party is a social-democratic provincial political party in Newfoundland and Labrador, Canada. The party is the successor to the Co-operative Commonwealth Federation and the Newfoundland Democratic Party...
member. The finance director of the Assembly, Bill Murray, was also suspended. As the scandal involved all political parties, the Conservatives did not suffer a backlash in the 2007 election and actually increased their share of the popular vote and seat count.
On June 23, the Royal Newfoundland Constabulary
Royal Newfoundland Constabulary
The Royal Newfoundland Constabulary is a police force in the Canadian province of Newfoundland and Labrador. It provides policing to the communities of St. John's and the Northeast Avalon Peninsula, Corner Brook, Churchill Falls, and Labrador City....
began a criminal investigation based on the findings of the Auditor General. Byrne, three other Newfoundland politicians and a senior civil servant in the House of Assembly were subsequently indicted under the Criminal Code of Canada, on fraud-related offenses.
On November 28, 2006, Byrne announced his resignation from provincial politics, effective January 1, 2007.
Trial and conviction
Upon his arraignment in front of Provincial CourtProvincial Court of Newfoundland and Labrador
The Provincial Court of Newfoundland and Labrador hears cases relating to criminal law and family law.Judges of the Provincial Court are appointed by the provincial cabinet, on recommendation of the Attorney General.-External links:*...
Associate Chief Judge D. Mark Pike, Byrne pleaded guilty to both criminal charges laid against him: fraud in excess of $5,000 and fraud against the government (influencing peddling). On April 17, 2009, Judge Pike sentenced Byrne to two-years-less-a-day on the count of fraud in excess of $5,000, and eighteen months on the count of fraud against the government, with both sentences being served concurrently. Byrne was further ordered to repay CAD$117,812 to the Crown
Monarchy in Newfoundland and Labrador
By the arrangements of the Canadian federation, the Canadian monarchy operates in Newfoundland and Labrador as the core of the province's Westminster-style parliamentary democracy...
.
In his sentencing decision, the Judge noted that "The most aggravating factor to be considered is that this fraud and bribery was committed by someone who was in a high position of public trust. When officials enrich themselves or others in circumstances such as this, there is an undermining of the confidence in the democratic system ... Byrne used his position to carry out these fraudulent and corrupt activities." The Judge noted two significant mitigating factors in his decision: first, that Byrne's marriage had broken down (and his family life dramatically affected); and, second, that having been convicted of an offense against Her Majesty, Byrne may never again be employed in or by the Public Sector (i.e., any government body under the authority of Her Majesty anywhere in Canada). The judge nonetheless largely agreed with the prosecution's request for two years imprisonment, citing the need to send a message of deterrence given the serious nature of Byrne's fraud. The judge rejected the defence's suggestion for a conditional sentence as too lenient, despite considering Byrne as not considered a danger to society if he was released due to his high profile.
Arrest and sentencing for impaired driving
Byrne was arrested in April 2008, after he ran a red light while driving in St. John's. At the time of his arrest, Byrne's blood alcohol level was three times the legal limit. On April 28, 2009, Byrne pled guilty to a charge of failing a breathalyzer (a charge of impaired driving was dropped). His licence was suspended for 18 months, and he was fined $920. Byrne was incarcerated on fraud and corruption charges, at the time of the court hearing for impaired driving and was not present for the sentencing.Byrne had a prior conviction for impaired driving in 1991.