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A Code of Ethics or Code of Conduct for Political Parties as a Potential Tool to Strengthen Electoral Democracy in Canada

4. FORMULATING AND ADOPTING A CODE

Experience in other types of organizations indicates that there should be meaningful involvement of those people most directly affected by a code to ensure positive identification with it and successful implementation. Such involvement leads to a sense of ownership of the document and a commitment to ensuring that it is adhered to. It takes time to inculcate and embed the values of a code into the culture of an organization. Leadership plays a key role in championing a code and embodying its principles and values in the fabric of the organization and the behaviour of its members. Principles and values may clash in particular situations, and the interpretation of them can change over time. In the life of all organizations, there will be defining moments when the espoused principles and values are tested by circumstances, pressures and incentives. Values-based leadership is crucial in those situations.

Applying these lessons to the political domain suggests that the engagement and support of party leaders, elected representatives, paid staff, constituency associations, candidates and volunteers in the development, application and refinement of a code would be crucial to successful adoption. Advice might be sought from politicians and election officials in other jurisdictions where codes or other types of guidance exist (like "The 7 Principles of Public Life in the United Kingdom").Footnote 7

It might be advisable to consult experts in the ethics field, including academics from several disciplines, think tanks, advocacy groups, the media and interested members of the public.

Based on these considerations, the following questions on the process of code development might be asked:

  • Should code development and implementation be left to political parties, with or without the support of Elections Canada?
  • Should Elections Canada develop a model code and invite political parties to endorse it?
  • Should Elections Canada lead a consultation exercise (similar to a recently completed exercise led by the Commissioner of Lobbying on the Lobbyists’ Code of Conduct) involving both in-person and online interactions with a range of stakeholders?
  • As part of a consultation exercise, should the Chief Electoral Officer meet with leaders of all registered political parties, the executive directors of the parties and other representatives designated by the parties?
  • Should the consultation exercise strive for cross-party agreement on conduct and ethical standards?
  • Should there be all-party discussions in a forum like the Advisory Committee of Political Parties (which, as a result of the changes introduced by the Fair Elections Act, consists of two representatives from each of Canada’s registered political parties)?
  • Should the code have a basis in law, which would require approval by Parliament? Or should the code be a guidance document issued by Elections Canada, perhaps developed in consultation with Parliament through the House of Commons Standing Committee on Procedure and House Affairs and the Standing Senate Committee on Legal and Constitutional Affairs, to which the agency reports?

Footnote 7 The Committee on Standards in Public Life was created as an advisory non-departmental body in 1994, and in 1995, it published "The 7 Principles of Public Life"; see www.gov.uk/government/publications/the-7-principles-of-public-life.