Conflict of Interest and the Canadian Constitution: An Analysis of Conflict of Interest Rules for Canadian Cabinet Ministers

Abstract

AbstractThe rash of conflict of interest incidents involving cabinet ministers in Canada in 1986, 1987 and early 1988 can in part be explained by the fact that no clear connection exists in most of the conflict of interest rules between the substance of the rules and basic constitutional principles. Unless ministers understand the reasons for the increasingly complex rules, a high degree of compliance with them is unrealistic. The article explores the connection between the rule of law, social equality, the principle of ministerial impartiality and conflict of interest legislation and guidelines. The conflict of interest rules have usually been drafted hastily in reaction to scandals, with little thought given to their constitutional basis. Thirty-five recent conflict of interest incidents are classified and analyzed. Many might have been avoided if the constitutional reasons for the rules had been better understood. Nevertheless, with regard to the overlap between conflicts of interest and political patronage, the Canadian political system has not developed a clear set of expectations for ministerial behaviour in all circumstances.