By Guy Giorno
Commentary
A recent news article in the Saskatoon StarPhoenix might have escaped the notice of Island politicians and news media. In Saskatchewan, spokesmen for both the government and the official Opposition spoke favourably about creating a provincial registry of lobbyists.
The relevance of that story? If Saskatchewan politicians follow through, then Prince Edward Island might end up as the only province not to impose disclosure requirements on lobbyists.
Lobbying disclosure in Canada typically involves the creation of an online registry. People who are paid to communicate with government officials in an attempt to influence a government decision must report and publicly disclose their activities.
Canadians should be proud that our country is a global leader in lobbying transparency. Lobbyist registries operate at the federal level and in six provinces. Two more provinces are almost there: Manitoba's lobbyist-disclosure law has been passed but not yet activated, and legislation is currently before the New Brunswick assembly. Saskatchewan and P.E.I. have been the only hold outs. If Saskatchewan implements a lobbyist registry, then P.E.I. will be isolated.
In fairness, the provincial government has not been entirely closed to lobbyist registration. In 2009, when New Brunswick floated the idea of a joint registry among all the Atlantic provinces, the P.E.I. attorney general's office confirmed that it was examining the structures of lobbyist registries elsewhere in Canada. Since then, however, the concept seems to have disappeared.
Islanders may wonder why lobbying disclosure matters or why a registry is necessary. Quite simply, Islanders have a right to know who is being paid to influence government decisions.
Transparency is the lifeblood of democracy and an essential ingredient of good government. Influences on government decision-making ought to be disclosed. It is surprising that Prince Edward Island, the cradle of Canadian democracy, has not yet adopted this open-government reform.
The issue is not whether lobbying should exist but whether lobbying should be continue to be clandestine. While every Canadian has the right to try to influence government policy, nobody has the right to influence government in secret.
It is important to stress that lobbying disclosure laws apply only to people who get paid to influence government decisions. Constituents' contact with their elected representatives would be unaffected. Nor would a lobbyist registry apply to volunteers who advocate on behalf of causes and communities. The issue is the professional lobbyist.
In most other provinces, there is a multi-partisan consensus in favour of lobbying transparency. The same might not be true here. Some people may argue that P.E.I. is so small everyone already knows who is making representations to government. Others might worry about the cost.
In truth, no place is so small that it escapes the attention of professional lobbyists. Lobbying on P.E.I. exists. Sometimes the influence of lobbyists is debated in the provincial legislature.
How much lobbying occurs and whose interests are being advanced? Without a lobbyist registry, Islanders cannot be certain.
As for cost, a lobbying disclosure law would not require the creation of new bureaucracy. In many provinces, the requirements are administered by public servants on a part-time basis.
In drafting legislation and creating a registry, P.E.I. can choose from a range of examples. The Newfoundland and Labrador lobbying law is one of the strongest and most comprehensive in the country. On the other hand, the proposed New Brunswick law, if passed in its current form, would be the weakest in Canada.
Similar to freedom of information, lobbying transparency would become another tool that helps Islanders to hold their provincial government accountable.
With an election set for Oct. 3, Islanders should be asking all candidates and parties to embrace a lobbyist registry and a lobbying-disclosure law.
It's your government, after all. You have a right to know who is being paid to influence provincial decisions.
Guy Giorno of Ottawa is a partner in the law firm Fasken Martineau and is recognized as a leading Canadian expert in the law of lobbying.
