Clark Testifies Before Canadian Ethics Commission

Professor Kathleen Clark recently served as an expert for a Canadian ethics commission investigating the conduct of former Prime Minister Brian Mulroney.

Clark commented on papers prepared by Canadian experts on government ethics rules, and discussed lessons from the U.S. experience with ethics regulation. Headed by Canadian Justice Jeffrey Oliphant, the Oliphant Commission (formally known as the Commission of Inquiry into Certain Allegations Respecting Business and Financial Dealings Between Karlheinz Schreiber and the Right Honourable Brian Mulroney) is investigating allegations of wrongdoing and ethical breaches by the former prime minister.

Specifically, the commission is considering evidence regarding dealings between the prime minister and a lobbyist for a German company, which sought to build a plant in Canada for manufacturing and exporting light-armored, military vehicles. The commission is also considering the objectives of government ethics rules, accountability, the adequacy of current concepts of conflicts of interest in federal law, the effectiveness of current ethics rules for the Prime Minister and members of Parliament, enforcement and penalty regimes, and precedents from other jurisdictions.

The only non-Canadian expert to testify, Clark discussed post-employment restrictions on U.S. government officials and the need to regulate conflicts of interest that arise when government officials are negotiating for post-government employment, even before they receive a job offer.

Clark concentrates her research and teaching in the areas of ethics and national security law, including the ethical obligations of government lawyers and other government employees.