Sask. commissioner sides with Opposition MLA after conflict-of-interest complaint

Saskatchewan's conflict-of-interest commissioner found that while an Opposition member of the legislative assembly's (MLA's) social media posts about her personal company "come close to the line," they do not constitute a conflict of interest.

Jim Reiter, the current deputy premier and minister of finance among other roles, wrote to the conflict of interest commissioner in September 2024 about posts by Aleana Young, the NDP MLA for Regina South Albert.

He alleged Young used her MLA website and social media accounts to promote the brand and products of Takeaway Gourmet TGM Inc. — a gourmet cheese store in Regina that she owns and operates — in violation of The Members Conflict of Interest Act.

According to the report from conflict-of-interest commissioner Maurice Herauf, Reiter argued that, in social media posts dating back to 2021, Young had attempted to influence her social media followers, visitors to her website and the broader public to have a "positive perception" of the company's brand and products.

According to the report, the Act is breached when an MLA "uses their office to promote private interests," including attempting to influence a person's decision. Herauf said this is the first case to come to his office about social media use by members.

In his request for the commissioner's opinion, Reiter shared 42 posts he believed were in contravention of the act and also noted other times when news articles referred to her ownership of the shop and her political standing.

The posts included Young sharing an Instagram story the company made about a "savoury butter board" for $25, and a Twitter post during the pandemic that showed two photos — one of Young masked outside the Legislature and one of her handling food products at the store — captioned "get an elected official who can do both."

Young's legal counsel contested Reiter's claims on her behalf in a response in February. The report says Young argues there needs to be an actual, subjective intention to influence another person. The commissioner agreed.

"I accept her evidence that she was not intending to influence anyone in favour of the company through these posts," Herauf wrote.

"If anything, Ms. Young was trying to promote herself as a Member by projecting herself as a real, accessible and genuine MLA — not to promote the Company itself."

He compared Young's posts to members posting on social media from their family farm, which could be construed as promoting their farm business.

Herauf expressed concern that some of Young's posts about the company's products, prices, hours and seeing people at the shop "come very close to promotions," but did not find enough evidence to show Young was in violation of the act.

Herauf also said Young cannot control how the media refers to her or whether it uses her company's logo in its reporting.

In conclusion, Herauf said he is not aware of any guidance for MLAs on how to use social media when it comes to issues of conflicts of interests or expenses, and said it would be useful to establish some.