Abstract: Using Honest Politics as his foundational text, this presentation will illustrate Ian Greene’s ethical theory as a development of Aristotle’s virtue ethics. Greene, like Aristotle, is not just concerned with what we “ought” to do but with the character traits we should develop in ourselves as democratic citizens. Greene’s Honest Politics strongly sets up the structural aspects that have/need ethical legislation, accountability, and process but it also moves the reader into thinking about the overall ethical education of the good citizen (not simply the citizens that might become public servants). Developing ethical procedure is paramount in moving towards integrity in public life, but Honest Politics is more than just a detailing of what one “ought” to do. Underlying all of Greene’s public sphere examples and suggestions is a deep understanding of Aristotle’s theory of virtue and its two facets: the intellectual and moral.

Abstract: Ethics standards with regard to conflicts of interest, lobbyist activities and whistleblowing have gradually become commonplace in the federal, provincial and municipal government procedures in Canada during the past three decades. These standards reflect the democratic principles of the rule of law, social equality, the public interest, impartiality, minority rights, and the placing of strict limits on undue influence and self-dealing. We argue that similar ethics standards should also apply to the processes leading up to reform of the Canadian Senate. Given the Supreme Court of Canada's April 2014 decision on Senate reform, the only feasible reform in the foreseeable future appears to be the introduction of a merit-based system for the appointment of Senators, which has been proposed by the Liberal Party. Should this party win the 2015 federal election, it is probable that it will attempt to implement the proposal. There are a number of ethical issues that are likely to arise including impartiality in the selection process, standards and qualifications, minority rights, adequate public consultation, and partisan tactics that might be used to block reform. The paper will analyze the process of potential Senate reform from a democratic ethics prospective, and will present practical alternatives for addressing the ethical issues likely to arise. It will build on recent publications on the Senate such as those by Jennifer Smith, Serge Joyal, and J. Patrick Boyer. Ethics in the public sector is an important part of the research agenda for both authors, and both have published in this area.

Paper / Communication

Abstract: Canada's federal lobbying laws, including the Lobbying Act and Lobbyists' Code of Conduct, are among the most stringent among established democracies. The Code of Conduct is in the process of being revised, at least partly to incorporate recent judicial decisions which ruled the Commissioner of Lobbying's interpretation of the Act and the Code were unreasonable. Lobbying raises difficult constitutional issues because democratic participation and political expression are protected, but lobbying has the potential to corrupt. The draft revised Code produced by the Commissioner involves further restrictions on the political activities of lobbyists. This paper investigates the constitutitutionality of restrictions on the ability of lobbyists to exercise democratic rights and freedoms under sections 3 and 2(b) of the Charter. It considers the jurisprudence related to democratic rights and freedoms and will focus in particular on whether restricting political participation by lobbyists would survive scrutiny under section 1 of the Charter.