For Immediate Release
October 23, 2006
OTTAWA – While many aspects of the Federal Accountability Act – Bill C-2 – are commendable, the Canadian Bar Association says that parts of the legislation may hinder the administration of justice and the rule of law, and thwart the very goals the Act was meant to promote.
“If passed, this bill will change the legal landscape of this country in significant ways, and therefore deserves careful examination,” says CBA National First Vice-President Bernard Amyot of Montreal.
The CBA’s 21-page submission focuses on four key points: the new Lobbying Act; amendments to the Access to Information Act; proposed whistleblowing legislation; and the creation of a Director of Public Prosecutions.
- Lobbying Act: “The proposed requirement of monthly reporting of communication between lobbyists and senior public officers would drastically increase the risk that lawyers would be forced to violate their ethical duty to maintain client confidentiality,” says Amyot. “There should be a clear exemption for communications where confidentiality is required by law.”
- Access to Information Act: Amendments to the Access to Information Act will reduce accountability and transparency in government. The CBA proposes a “public interest” override – already in place in many Canadian jurisdictions – and that time limits apply to all exemptions.
- Whistleblowing legislation: The CBA notes the bill gives incomplete protection to whistleblowers, and it recommends an expansion of the legislation. Whistleblower legislation should protect not only public officials who make disclosures that are lawfully required, but also those who make disclosures that are lawfully permitted.
- Director of Public Prosecutions: While it is important that prosecutors be free from political interference, there is simply no need for a Director of Public Prosecutions, says the CBA. Existing agencies and procedures make a proposed DPP redundant - a “solution in search of a problem,” says Mr. Amyot.
Bernard Amyot will present the CBA submission to the Senate Committee on Legal and Constitutional Affairs in Room 2, Victoria Building, on Monday, Oct. 23, 2006 at 12:30 p.m. The submission is available on the CBA website at: http://www.cba.org/CBA/submissions/pdf/06-25-eng.pdf
The Canadian Bar Association is dedicated to improvement in the law and the administration of justice. Some 36,000 lawyers, law teachers, and law students from across Canada are members.
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CONTACT: Hannah Bernstein, Canadian Bar Association, Tel: (613) 237-2925, ext. 146; E-mail: hannahb@cba.org.
