Premier gives Arseneault ultimatum: quit lobbying job or be expelled from caucus

Premier Brian Gallant says Donald Arseneault has been told he must choose between remaining a Liberal MLA and becoming the Ottawa-based manager of lobbying for a national labour union.

Gallant said in question period Thursday morning that the government put the choice to Arseneault "several days ago."

"We made it clear to the member for Campbellton-Dalhousie that he is in a perceived conflict of interest and he has to act, and make a decision between being a Liberal MLA, or having the job that is perceived to be containing lobbying in its description," Gallant said.

• Donald Arseneault says he'll be MLA and lobbyist at same time 
• MLA Donald Arseneault rejects 'lobbyist' term for new Ottawa job 
• Opposition says Arseneault must choose: legislature or lobbyists

The premier later told reporters that Arseneault has until the end of Friday to decide, and if he insists on keeping the union job he'll be expelled from the Liberal caucus.

"We think New Brunswickers deserve to know by the start of next week what his decision is," Gallant said.

Arseneault has said he won't lobby any governments directly but will supervise and advise staff lobbyists working for Canada's Building Trades Unions.

But the Progressive Conservative Opposition has hammered the Liberals, calling into question Arseneault's explanation.

They've also questioned his assertion that he gave up his labour duties as minister of post-secondary education, training and labour on Aug. 22, after telling Gallant he'd been approached about the job.

Arseneault wasn't in the legislature when Gallant made his comments, but he appears poised to contest the government's decision.

Fredericton lawyer T.J. Burke, a former Liberal attorney-general, contacted CBC News to say he is now representing Arseneault.

"We believe Mr. Arseneault is well within his legal right to maintain both positions of employment," Burke said in an email. He said his office would issue a full statement Friday.

Gallant can't fire an MLA but he can eject one from the Liberal caucus. The premier was careful to say Arseneault must choose between the union job and remaining as a "Liberal MLA."

It's going from the integrity commissioner saying he's allowed to be a lobbyist, just not inside New Brunswick, to he's not allowed to be a lobbyist.- Brian Gallant, premier

Gallant was first asked about Arseneault's new job Oct. 23. At the time, he said Arseneault had consulted the province's integrity commissioner, and "I can only assume he's following the recommendations, and if he's not, I'm sure we'll hear from the commissioner."

Gallant said Thursday that was based on the understanding that commissioner Alexandre Deschênes had advised Arseneault that he had to not lobby the New Brunswick government to avoid a conflict of interest.

But last Friday, Arseneault said there "seemed to be a misunderstanding" about Deschênes's advice, so he consulted the commissioner again and was told he had to avoid lobbying any government.

"I think the advice is completely different," Gallant said Thursday. "It's going from the integrity commissioner saying he's allowed to be a lobbyist, just not inside New Brunswick, to he's not allowed to be a lobbyist."

'Apparent' conflict

Given that, Gallant said, the government believes that Arseneault "going to be the manager of lobbyists, whatever the title is, with a union group is certainly an apparent conflict of interest."

The Progressive Conservative Opposition said Thursday that removing Arseneault from the Liberal caucus would not change anything but appearances.

"You can change a skunk's name and the skunk still stinks," MLA Ted Flemming said.

"'We'll shuffle a seat, we'll move you down here, and we'll call you an independent.' They're still his buddies. There's still his history. … They're still the government which he so aggressively defended and supported for so many years."

If Arseneault ends up sitting as an independent MLA, the Liberals will have only 24 members in the 49-seat legislature, not including Speaker Chris Collins.

And if Arseneault started voting against Liberal legislation, it would put the government in a precarious position, with Collins having to cast tie-breaking votes.