Ethics & Legal Compliance Flashcards
What is the significance of the rule of law?
rule of law - the laws should be fixed, and if they are to be changed they should only change through proper constitutional process, if lawmaking occurs in ordered way, law changing occurs in ordered way, there’s predictability, the law is the same for everybody, anybody who is engaged in political campaigning is either explicitly or implicitly accepting these principles
campaigning requires implicit affirmation of rule of law
law applies to everybody
not complying with rules implies that you think rules don’t apply to you, undermining rule of law
What is the meaning behind democracy? What’s its significance in campaigning?
decisions about who should govern are best left to the people that is what campaign is about
cheating goes against principles of democracy
winner of contest is not the one that is most favoured by the people when you cheat
What’s the significance of the charlottetown conference in 1864?
just because canada’s first pm was involved in corrupt activity, doesn’t mean it’s right
just because we have a history doesn’t mean we can’t overcome that
Legal Compliance
- making sure there is no breach of rules
- that’s not all there is to running a good campaign
- laws are series of minimum standards
- we should not aspire to just live at minimum
to aspire to live just at edge and do only that to not get caught, which is not a goal to which one should aim
aim for ceiling
Legal Compliance in Campaigns
- Education and training
• Undertakings/agreements by volunteers and staff
• Monitoring
• Consequences
Examples of Canada Elections Act Offences
• Interfere with ballot box
• Display material or wear emblem in polling place
• Show ballot or openly declare vote
• Refuse order to leave
• Obstruct election official
• Misuse information from voters’ list
• Bribe someone to vote or not to vote (for candidate)
• By pretence or contrivance, induce
someone to vote or not to vote
• Prevent or try to prevent elector from voting
• Breach rules on survey results• Interfere with election advertising
(e.g., sign)
• Make or publish false statement about
candidate’s character or conduct
• Publish false statement of candidate withdrawal
Criminal Code
Theft Mischief False Messages Personation Harrassing calls Forgery
next campaign you lead, you must encourage and support team members to comply with election law, but to make sure campaign is honouring and obeying rules in other areas of law
Other infractions
• Using government property for party or campaign purposes
• Using employer’s property without permission
R. v. Raghubeer
Background
Offence
Lessons Learned
2000 election campaign, Raghubeer in Canadian alliance campaign, emailing brochures or flyers called citizens for democratic action now, criticizing liberal candidate
he was convicted
violated Elections Act, criminal code and interpretations act
- Accused convicted for failure to register election expenses related to distribution of election pamphlets by mail, and failure to file an election advertising report in the prescribed form – It was established beyond a reasonable doubt that the accused was a party to the offences on the basis of actual knowledge, or at minimum, with wilful blindness with respect to the objects of those he assisted
took six years for that case to come to trial
you may think you’re outsmarting law, often enforcement
things to get discovered, investigated, taken through fair process, and punished
most times people do ridiculous things
no matter how smart you think you are, you are not as smart as people who enforce the law
this sort of thing does still happen
commissioner of canada, compliance agreements of a de-canvass
Compliance Agreement
The Commissioner has the authority to conclude a compliance agreement with anyone the Commissioner believes on reasonable grounds has committed, is about to commit or is likely to commit an act or omission that could constitute an offence.
Compliance agreements are entered into voluntarily and may contain any terms or conditions that the Commissioner considers necessary, including a requirement that the contracting party pay a specified amount.
Undertaking
An undertaking is a pledge made by a person or entity that did not comply with a requirement of the Act and accepted by the Commissioner. It is aimed at ensuring compliance.
An undertaking may be entered into at any time before the person or entity has, or should, in accordance with the Act, have paid an administrative monetary penalty. It contains the terms and conditions that the Commissioner considers appropriate, including that an amount be paid.
Examples of Compliance Agreements
https://www.cef-cce.ca/content.asp?section=agr&dir=un&document=index&lang=e
2019
• Reimbursed employee and family contributions: Axor Experts-Conseils Inc., Groupe AXOR Inc.
• Voted twice: Charnjit Brar, Julian Mirza, David Moist, Marlene Moist, Orest Ihor Teply
• Circumvented limit on contributions to own campaign: Dominique Breau
• Official agent accepted contributions without receipts: Beina Zhu
2018
• Tax receipt in exchange for campaign office lease: Daryl Black
• Auditor not qualified: Gilbert Chiasson
• Campaign asks third party to issue flyer: National Capital Region Chapter of Fair Vote CanadaSarah Jordison
• One candidate withdraws and campaigns for another; official agent liable: Thomas D. (Daniel) Ryder
Examples of Undertakings
https://www.cef-cce.ca/content.asp?section=agr&dir=un&document=index&lang=e
2020
- partisan activity during government of Canada events: bill morneau
- gave away anti-trudeau bumper stickers during federal election, UCP
- gave bumper stickers opposing federal political leader during provincial election
- held event for NDP candidate: Unifor
that was considered to be a contribution
commissioner is not favouring one side or another
What are the principles of campaigning?
Professionalism
campaigns that are disciplined, organized well
people know their roles
decades of experience about what it means for non profit, charity, business, to operate in manner that is effective, fair, principled
in order to achieve those outcomes, they’re most consistent with approach that is documented, rigorous, clear
additional benefits to campaign when you run it this way, its likely to be more coherent, focused in message delivery
well run campaign is more fulfilling and inspiring to be a part of
Fairness
letting people decide
if people are tricked to vote against inner beliefs, you’re undermining democracy
people consciously voting they way they’re voting ought to determine outcome
Honesty
truthful about plans
it’s okay to be critical of opponents record or plans
each campaign has to have internal definition of fair
Fair Criticism
should be meaningfully related to how they do in government
if you act unethically in business, if you dump pollutant into waterway, avoid min wage laws, that those could meaningfully relate to ability to serve in office
what someone did at 13 years old, or in private relationship may not have bearing
How does conflict of interest work in campaigns?
- Duty to public, party or campaign
- Private interest (self, family, friend)
- # 1 furnishes an opportunity to #2
decision made about interest one could affect interest two
conflict exists doing job 1, it could affect interests of 2
Principles of Conflicts
• Avoidance
otherwise:
1. Disclosure transparency- person with conflict must disclose it
2. Recusal - person steps back
3. Independent determination - someone else must decide if there is an existing conflict of interest
