Lobbying

• Author: Craig Forcese - Aaron Freeman
• Pages: 461-480

461

8

Lobbying

As suggested in Chapter 7, the Canadian system accepts that good govern-

ment in a modern democracy depends on adherence to certain substantive

standards of ethical behaviour among public off‌icials. The instruments ob-

liging ethical behaviour often underscore that public off‌icials are to act in

the “public interest,” with a view to precluding a public off‌icial from acting

in response to private or self-interest.

But the concept of public interest governance has another dimension,

one connected to a utilitarian vision of democracy: in a democracy, a govern-

ment “of the people for the people” should govern for the greatest good of

the greatest number. Put another way, public off‌icials should resist tailoring

policy to suit narrow “special” interests seeking a disproportionate benef‌it

from government not in the interest of the broader public.

Guarding against special interest governance is a diff‌icult task. In Can-

ada, we have responded by regulating the activities of those who would in-

f‌luence government in one direction or another, namely, lobbyists.

A. LOBBYING: AN OVERVIEW

There is a story most Ottawa lobbying veterans know. Harvie André, the

Commons House leader under Brian Mulroney, once reportedly walked

into a party at the lavish home of a well-connected lobbyist in Ottawa’s tony

Rockcliffe Park neighbourhood. Peering about at the expensive decor, he

LAWS OF GOVERNMENT462

wondered aloud, “Why is it worth more to know Harvie André than it is to

be Harvie André?”1

The answer is straightforward. The House leader helps make decisions

with serious f‌inancial consequences for wealthy individuals. These people

are limited by various rules and laws on ethics and political inf‌luence (see

chapters 3 and 7) so they cannot directly affect off‌icials through f‌inancial

contributions. Instead, they retain the services of those with past experience

in government or those who are close to decision makers and who may, as

a result, be in a position of inf‌luence.

The term “lobbyist” was an expression f‌irst coined by US President

Ulysses S. Grant, the general who defeated the South in the American Civil

War. Grant took regular cigar and brandy breaks from his presidential dut-

ies, frequenting the bar of the Willard Hotel, just two blocks from the White

House. His routine became well known among those trying to inf‌luence

government — they would wait for Grant in the hotel lobby. Grant derisively

referred to them as “lobbyists,” and the name has stuck ever since.

The role of lobbyists, and the role they play in the democratic process,

has grown considerably since that time. In Canada, professional lobbyists

outnumber members of Parliament by about f‌ifteen to one,2 and sometimes

wield more power. Yet, for all the clout that lobbyists have, the average Can-

adian has only a foggy sense of what lobbyists do.

“Lobbying” is def‌ined rather literally by the Oxford English Dictionary:

“[t]o inf‌luence (members of a house of legislature) in the exercise of their

legislative functions by frequenting the lobby.” This def‌inition includes two

elements worth f‌lagging. First, it suggests that lobbyists exercise inf‌luence.

In Canada, while lobbyists often dispute the notion that they can inf‌luence

a governmental decision, this perception is the primary reason for the ro-

bustness of their practice. Put simply, lobbyists are often hired for their

perceived inf‌luence, and without it, lobbying would quickly become a failed

industry, something it def‌initely is not.

Second, the Oxford def‌inition focuses on lobbyists’ efforts to inf‌luence

the legislative branch. In Canada, many lobbyists position themselves no-

where near the lobby of the House of Commons; instead, most focus their

efforts on bureaucrats — those who shepherd legislative initiatives through

the drafting and development stages or who award contracts or grants.

There are exceptions to this rule, but the earlier a lobbyist can intervene

in the decision-making process, the more likely he or she will be to suc-

1 Ontario, Legislative Assembly, Alex Cullen (Ottawa–West), Hansard (13 October 1998).

2 The Annual Report 2008–2009 of the commissioner of lobbying shows that there are

4,544 lobbyists registered federally in Canada, compared to 308 members of Parlia-

ment (MPs).