“He wasn’t engaged in lobbying, as such … [but] I think, on the surface, people assume that’s what he was up to. If you have to explain it you’re losing,” said one consultant lobbyist who did not want to be named. “People want to go to bed at night thinking they’ve got the evil lobbyists under control. It all depends on how you define lobbyist. If it’s people who communicate with decision-makers to affect outcomes, you don’t have them under control. You’ve got a very narrow group of them under control. To me, it’s past the point, I think they’ve gotten into a ridiculous approach. They’re not meeting their objective.”
The RCMP charged Mr. Carson, who worked in the Prime Minister’s Office between 2006 and 2009, two weeks ago for allegedly lobbying the Department of Aboriginal and Northern Affairs on behalf of two water-purification companies and demanding a commission for his ex-fiancée.
Mr. Carson was charged under the Criminal Code, not the Lobbying Act. Mr. Carson fell into the five-year cooling-off lobbying ban and was not a registered lobbyist, but the lobbyist said that if the Lobbying Act was broadened to include all people who are not just paid to communicate with the government it could have prevented Mr. Carson from doing what he is alleged to have done.
The RCMP alleges that Mr. Carson, a disbarred lawyer who once spent 18 months in jail in the early 1980s for a fraud conviction, used his government contacts inappropriately between July 16, 2010, and March 17, 2011, to secure the contracts for the two companies, H2O Water Professionals Incorporated and H2O Global Group Incorporated. Aboriginal People’s Television Network first broke the story of Mr. Carson’s involvement last year.
“If you’re working for a company, and you’re just trying to sell your products, where’s the line? I think the lobbying industry has taken some hits, and this certainly isn’t helpful. It looks like abuse of power, in terms of taking your contacts when you were there and trying to commercialize them once you leave,” the lobbyist said.
NDP MP Pat Martin (Winnipeg Centre, Man.) said last week that Mr. Carson’s criminal charge, which has not been proven in court, is “off the charts” when it comes to how serious of an offence it is to peddle influence. Mr. Martin also said it “calls into question” the government’s judgment for hiring Mr. Carson.
“This is a government that rode into power on the high horse of transparency and honest public administration,” Mr. Martin said. “The difference between lobbying and influence peddling is about five years in prison and influence peddling is a loathsome and reprehensible activity. It’s fundamental. You’re not supposed to use your public office for personal or private gain and nobody should have to tell you that, especially when you’re in the goddamn PMO. It’s appalling.”
Meanwhile, the lobbyist said although Prime Minister Stephen Harper (Calgary Southwest, Alta.) quickly distanced himself from Mr. Carson when the story broke, the damage has already been done and could possibly affect Conservative support should he be found guilty.
“Is it a fatal blow? Absolutely not. The thing still has to play out. It’s like the ‘busty hookers’. The damage has been done with the details that have emerged,” the lobbyist said.
Mr. Martin agreed. “This is the kind of thing that really irks their faithful Conservative base,” he said. “There’s an awful lot of well-meaning Canadians who may have voted Conservative who are going to question why when this story comes to fruition.”
A former PMO staffer, who knew Mr. Carson, said, however, that it won’t affect the majority-governing Conservative Party support. “It doesn’t touch on Harper and what they did right away was throw him [Mr. Carson] under the bus,” said the former staffer who did not want to be named.
Meanwhile, the lobbyist said there should be better rules surrounding the lobbying industry, rather than creating more rules that don’t accomplish what they’re set out to do.
“The focus should shift from regulating to transparency,” the lobbyist said, noting that all communications should be registered, whether it’s a registered lobbyist paid to advocate, someone who falls under the 20 per cent rule which does not trigger registerable activity or religious organizations. “We think we have this great suite of regulations but the loopholes, you could sideswipe a semi-trailer through them. You’re seeing that. … You’re not stopping anything.”
John Capobianco, president of the Public Affairs Association of Canada, told The Lobby Monitor that it’s up to the courts to decide.
“It’s unfortunate that Bruce has been charged with this and that the fraud charges are in any way linked to lobbying activity,” Mr. Capobianco said.
Mr. Carson’s lawyer Patrick McCann told The Canadian Press last week that his client intends to “vigorously defend the allegation.” Mr. Carson will make a court appearance in Ottawa on Sept. 10.
Lobbying Commissioner Shepherd declines to comment on Calandra affair
Meanwhile, Lobbying Commissioner Karen Shepherd’s office last week declined to comment on whether she is investigating WorldBand Media’s recent involvement at a fundraiser for an MP it was lobbying.
“The Lobbying Act requires that investigations be conducted in private. Therefore, I am unable to confirm whether or not any review or investigation has been undertaken in this, or any other matter,” said Office of the Commissioner of Lobbying spokesperson Natalie Hall in an email to The Hill Times.
Conservative MP Paul Calandra (Oak Ridges-Markham, Ont.), Parliamentary secretary to Canadian Heritage Minister James Moore (Port Moody-Westwood, B.C.), attended a fundraising event at the home of WorldBand Media’s president Prabha Selvadurai’s sister Kirupalini Kirupakaran. The event raised $22,000 for Mr. Calandra’s riding association.
WorldBand Media is currently vying for a broadcast licence from the Canadian Radio-television and Telecommunications Commission to air a new radio station in Toronto on the 88.1 FM dial.
WorldBand Media hired Hill and Knowlton to lobby the department of Canadian Heritage, the CRTC, and Members of Parliament on broadcasting issues for a Sec. 22 licence under the Broadcasting Act.
The Prime Minister’s Office said the licence was not discussed at the fundraiser
Democracy Watch fought a situation like this in Federal Court and won a ruling that stated that lobbyists cannot fundraise for ministers they are lobbying as it creates a conflict of interest. This brought on a controversial interpretation of Rule 8 of the Lobbying Code of Conduct, which governs conflict-of-interest rules.
The Globe and Mail also reported that federal Ethics Commissioner Mary Dawson is reviewing whether Mr. Calandra may have contravened the Conflict of Interest Act for public office holders or the Conflict of Interest Code for MPs and had not yet decided whether to launch a formal investigation.
In a similar situation last year, involving a fundraiser for then-Natural Resources minister Lisa Raitt (Halton, Ont.) and energy and mining lobbyists helping to fundraise for her riding association, Ms. Dawson did not find Ms. Raitt in a conflict of interest but in a separate investigation, Ms. Shepherd found the lobbyists involved in breach of the Lobbying Code of Conduct.
Original Article
Source: hill times
Author: Bea Vongdouangchanh
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