In a June 18 ruling, a Quebec court quashed three violations notices submitted by the commissioner to the chairman and CEO of the Federation des Shecheps for allegedly violating the Transparency and Ethics Act in campaign matters.
Commissioner Bernard Mark Tremble has been accused of sending three letters to Education and Higher Education Ministers Sebastian Brooks and Helen David to influence government decisions, without including them in the campaigners’ register. These were very accurate:
- Letter dated March 12, 2018, requesting that CEGEPs be allowed more space in the process of revising vocational training programs;
- Letter dated March 21, 2018 requesting Minister David to suspend consultations held by his Ministry regarding changes in the natural science curriculum;
- Letter to Minister David on June 4, 2018, expressing support for the request for financial assistance from the Federation des Cெcs Sans Oi, c’est non!
In all three cases, the court acknowledged that these were campaign activities within the meaning of the Campaign Transparency and Ethics Act (LDEML) because the actions could affect decision-making.
An exception to the preservation of the Federation des Checeps
Quebec Court Mr. He concluded that Tremblay had benefited from the exemption granted in Section 1 of the Regulation relating to the purpose of applying for the HTML.
Read that includes an exception
The work or activity of any person, even in a significant way, is not set up for employers, unions or professionals to campaign on behalf of an association or other non-profit group..
Attorney for the Director of Criminal and Criminal Cases, who confiscated the file by the Lobbying Commissioner, argued that the federation was an organization
For employer purposes, Which would have forced her to report to the campaign registry, but to no avail.
However, according to the Quebec Court, this definition applies more to the management college negotiating team, which formally negotiates collective bargaining of staff. The Federation des Shecheps has a legal obligation to appoint negotiators to this committee, but has no authority to do so.
We were surprised because, for us, it was clear that the federation was an organization set up for the purposes of the bosses.In an interview with Radio-Canada.com, Mr.
Fix “Large gaps”
Although his organization decided that the court’s ruling should be respected and not appealed, Mr. Rutherford gets the chance to warn the public
Large gaps Of the current regime that manages the work of campaigners.
In the case of the Federation des Shecheps,
There seems to be confusion, Says the commissioner of the Quebec lobbies, because the court consolidated this revelation
For employer purposes To a legal definition
According to him, this proves that the regulation regarding the purpose of LDEML was developed.
A gigantic hole In law, refers to continuous exemptions.
The judgment illustrates thus
The regulation of campaigning in Quebec undermines the regime’s contradictions and undermines the transparency of public interest information, The commissioner said in a press release issued at the beginning of the day.
There is no doubt that the communications made on behalf of the Federation des Shechebs were propaganda activities., Mr. Router underscores.
The question should end here. Are campaigns being carried out? They must be entered in the register. In the public interest, the nature of the organization you lobby for should not determine whether or not you should be transparent.
The lobbying commissioner believes that the current law, passed in 2002, contains
Extreme blind spots They are
Very detrimental to transparency Who
Big obstacles To enforce the law.
Among other things, he noted the lack of disclosure duty for campaigners doing their work on a voluntary basis, and the need for a campaign.
Important part The role of a company that is considered a campaign.
Mr. The federation des Shechebs sought to invalidate the crime reports submitted to Tremblay, arguing that his canvassing actions were non-existent
An important part From his work. However, the court did not accept this argument.
We must return to the basics: base our regulatory rule on the definition of the campaign activity, but not on the individual or organization that carries it out, as well as on the relevance of information to the citizen.
New law in a year?
Mr. Rutherford points out that his system already exists In 2019 a document was filed Offering
Great thoughts What should be the key principles of a new law and he is in constant touch with the Minister in charge of the law, Sonia Label.
He hopes that a new law to rectify the current shortcomings will be tabled in the National Assembly next winter so that it can be passed in June 2022, before a general election is called.
Before that happens, a key consulting exercise funded by the Organization for Economic Co-operation and Development (OECD) will bring together campaigners and public office owners this fall.
The recommendations of the OECD will then feed into the Commissioner of Campaign’s response to the desired reform.
General idea, mr. Rutier is, in short, a strengthening of a law that is often accused of lack of teeth. This is essential
Give yourself a new way of thinking, The commissioner said,
Not fair Patcher Holes.
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