PPAL 6120Ethics, Privacy and Access to

InformationMarch 25, 2009

Ian Greene

Conflicts of interest (case studies) independent ethics commissioners, undue influence and lobbyists

• Greene & Shugarman, Ch 4: Alex Sirianni• Greene & Shugarman, Ch 5 & 6: Ian Greene• Greene & Shugarman, “Commission of Inquiry into the

Sponsorship Program and Advertising Activities, phase I Report and Phase II Report.” 49 (2) Canadian Public Administration (Summer 2006), 220-232: Peggy Lau

• Excerpts from Janet Hiebert, Ed., Political Ethics: A Canadian Perspective. Vol. 12 of Research Studies of the Royal Commission on Electoral Reform and Party Financing, 1992: Angela Yenssen

• Lobbyist regulation legislation federally, provincially & municipally – excerpts from legislation: Keith Ramdial

Honest Politics Ch 5:Undue Influence

• Undue influence is an attempt to influence a policy decision by taking advantage of privileges not available to the general public

• Undue influence is inacceptable because it violates the equality principle – some claim special privileges because of their position

Party financinglimits to contributions: Ontario

Maximum Contributions Allowed under subsection

18(1) of the EFA

For Calendar Years 1999-2003

For Calendar Years 2004-2008

In Any Calendar

Year

During a Campaign

Period

In Any Calendar

Year

During a Campaign

Period

To each Registered Party (Notes)

$7,500 $7,500 $8,400 $8,400

To each Constituency Association

$1,000 $Nil $1,120 $Nil

To all Constituency Associations

$5,000 $Nil $5,600 $Nil

To each Candidate $Nil $1,000 $Nil $1,120

To all Candidates endorsed by any one party

$Nil $5,000 $Nil $5,600

Limits to contributions: Canada

Limit1 on contributions

Registered party

Contributor class

Applicable during the calendar year

January 1, 2009, to December 31, 2009

Applicable during the calendar year

January 1, 2008, to December 31, 2008

Applicable during the calendar year

January 1, 2007, to December 31, 2007

Individual $1,100 $1,100 $1,100

Registered association, nomination contestant and candidate of a registered party*

Contributor class

Applicable during the calendar year

January 1, 2009, to December 31, 2009

Applicable during the calendar year

January 1, 2008, to December 31, 2008

Applicable during the calendar year

January 1, 2007, to December 31, 2007

Individual $1,100 $1,100 $1,100

Canada limits (cont’d)

Leadership contestant – per contest

Contributor class

Applicable at a contest beginning during the

period of

Applicable at a contest beginning during the

period of

Applicable at a contest beginning

before March 31, 2007

April 1, 2008, and March 31, 2009

April 1, 2007, and March 31, 2008

For contributions January 1 to

March 31, 2007

Individual $1,100 $1,100 $1,100

Non-affiliated2 candidate and independent3 candidate – per election

Contributor class

Applicable at an election whose writ is issued during

the period of

Applicable at an election whose writ is issued during

the period of

Applicable at an election whose

writ is issued before

March 31, 2007

April 1, 2008, and March 31, 2009

April 1, 2007, and March 31, 2008

January 1 to March 31, 2007

Individual $1,100 $1,100 $1,100

Patti Starr Case

• 1989: In Ontario limit of $500 annually single-source contributions to prov & municipal candidates

• No federal limit in 1989, but charities could not donate to parties

• Starr arranged for donations of about $150,000 to candidates or fund-raising dinners. She gave $500 allotments to people working for her charity, who distributed these to candidates “strategically.” $$ was from Tridel (dev’t company) that paid the charity for “consulting services.”

• Starr convicted in 1991 and spent time in jail.• “It wasn’t sinister. It wasn’t sleazy. It wasn’t political.” (Starr)

Payments from political parties

• Parties often give their leaders a “salary supplement.” (Current salary of PM: $301,600)

• “Mulroney's former chief of staff Norman Spector testified that Mulroney was reimbursed for more than $100,000 in personal expenses from his party while he was at 24 Sussex Drive.” (CBC News, Feb 5/08)

Mike Harris

• 1994: Harris received $18,000 from constituency assoc to cover upgrading residence, meals, golf club & dry cleaning

• Evans asked to investigate in 1996: disclosure of such payments not covered by Members’ Integrity Act, but perhaps it should be.

• No evidence that donations were made to constituency assoc and then to Harris in return for public office favours

Municipal politics

• Some of worst abuses here because of large amounts of donations from development industry (1988: ¾ of all campaign contributions in GTA from developers)

• Bill Hawrelak: re-elected as mayor in 1963 & 1974 after twice being forced to resign for benefitting from conflicts of interest

Lobbyists

• Pearson Airport Deal– 1987: Mulroney gov’t policy to delegate control over

municipal airports to local airport authorities except in Toronto. 1992: Terminals 1 & 2 to be privatized. RFP: financial viability just 5%. Preferred bidder: company owned by Mulroney’s former campaign manager. Eventual joint proposal. Involvement of high-paid lobbyists.

– One lobbyist also worked on Campbell’s transition team: advised her to sign deal.

– Result: PC party lost 93 election (2 members elected)

Airbus Affair

• Frank Moores (former Premier of Newfoundland) strong supporter of Mulroney’s leadership bid in 1983

• Mulroney PM in 1984, appointed Moores to Board of Air Canada. Moores at the time a paid lobbyist for Airbus (hired by Schreiber)

• Airbus awarded contract for new Air Canada fleet.• Keep posted for new results from current

Schreiber inquiry

Appointment of independent ethics commissioners

• Ontario 1988• British Columbia 1990• Nova Scotia 1991 (designated judge)• Alberta 1992• Newfd/Lab 1993• Saskatchewan 1994• NWT 1998• PEI 1999• New Brunswick 2000• Nunavut 2000• Manitoba 2002• Yukon 2002• Quebec 2002 (jurisconsult)• House of Commons 2004• Senate 2005

Conflict of Interest Events IndexPre- and Post-Commissioner

Total number of substantiated “events”

0102030405060708090

100

Index X 100

Ont B.C. N.S. AB Nfld Sask NB Man Canada

Jurisdiction

Pre-Com

Post-Com

Ethics commissioners

• Canadian innovation dating from recommendations of John Black Aird in 1987/88

• Major role: educative• Secondary role: investigative• Ideal background: retired judge• Commissioners are invited to explain

Canadian system around world