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For Immediate Release
July 15, 2010
OTTAWA – The Canadian Bar Association’s (CBA) National Constitutional and Human Rights Law Section says that new rules for lobbyists issued by the Commissioner of Lobbying are unconstitutional in that they violate freedom of expression guaranteed in the Canadian Charter of Rights and Freedoms.
The Guidance issued by the Commissioner on Rule 8 of the Lobbyist Code of Conduct would restrict lobbyists engaging in political activity. The recent changes to Rule 8 stem from a Federal Court of Appeal ruling that prohibits lobbyists from placing public office holders in a real or reasonably perceived conflict of interest.
“However, the Commissioner’s Guidance is tantamount to a complete ban on political activity,” says CBA President Kevin Carroll, Q.C. of Barrie, Ont. “No one should have to choose between being able to do their job and engaging in legal political activities that strengthen Canada’s democracy.”
In its 12-page Opinion on the Constitutionality of Rule 8 of the Lobbyists’ Code of Conduct, the CBA strongly supports lobbyist regulation to avoid the possibility of public office holders being influenced to act other than in the public interest, but suggests the Guidance goes too far. “The Guidance is not tailored carefully enough and thereby overly limits freedom of expression,” says Kevin Carroll.
The CBA argues the new rules are restrictive, vague and overreaching. “There is no possibility for a lobbyist to obtain a ruling before engaging in political activity to ensure that it is in compliance,” says Mr. Carroll. “Further, the Guidance is so vague that potentially any political activity, even activity from many years previous, could be used to support a ruling that the lobbyist is in violation of the Code.”
The CBA notes that lobbying is not only a legal activity, but one that can enhance democracy, allowing lawmakers to hear from those whose interests and rights might not otherwise be considered, and making important government decisions more open and informed.
The CBA opinion is available on the CBA website at: http://www.cba.org/CBA/submissions/pdf/10-40-eng.pdf
The Canadian Bar Association is dedicated to support for the rule of law, and improvement in the law and the administration of justice. Some 37,000 lawyers, law teachers, and law students from across Canada are members.
MEDIA CONTACT:
Hannah Bernstein
The Canadian Bar Association
Tel: 613-237-2925, ext. 146
E-mail: hannahb@cba.org
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