The Yukon Government sign outside of the Jim Smith building. Photo Courtesy of Macklen Linke/CKRW.
Whitehorse, YT – The Office of the Yukon Ombudsman is the second independent government office to threaten legal action against the Yukon Government over concerns about interference in the budgeting process and a potential threat to their office’s independence.
The Ombudsman’s budget is traditionally reviewed by the Members’ Services Board (MSB), an all-party committee, before being tabled unaltered in the Legislative Assembly.
The MSB also reviews the budgets for Elections Yukon and the Child and Youth Advocate Office.
The Child and Youth Advocate Office has indicated that they are also exploring taking legal action over similar concerns.
Pedlar says the territorial government is bypassing that established legislative procedure, threatening the independence of his mandates, which include safeguarding Yukoners’ privacy, fair service, and whistleblower protections.
“Government intrusion creates both a real and perceived conflict of interest that could be used as a punitive measure if our findings or actions are seen as unfavourable,” Pedlar wrote in a press release, likening the situation to a “Yukon fox guarding the henhouse.”
Finance Minister Sandy Silver argues in a letter to Pedlar that the Financial Administration Act gives the Management Board (MB), a cabinet committee he chairs, the final authority to review and adjust all budget proposals, including those from independent offices like the Ombudsman.
Silver claims this oversight ensures budgets align with government priorities and prevents the MSB, which includes opposition MLAs, from approving unrealistic or punitive budgets without review.
Pedlar argues the government’s actions violate international standards Canada has endorsed, including the Venice Principles and the UN Resolution on the Ombudsman Institution, which mandate budgetary independence to prevent political interference.
Pedlar intends for this issue to be resolved by the spring sitting of the Legislative Assembly.
