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Universities Spend to Get Government's Ear

SFU hired lobbyists with BC Liberal ties to help make its case.

By Andrew MacLeod, 22 Sep 2009, TheTyee.ca

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NDP's Dawn Black calls practice 'bizarre'

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When Simon Fraser University, a publicly funded institution, wanted a provincial law changed, they hired a former president of the British Columbia Liberal Party to lobby on the school's behalf.

Andrew Wilkinson is one of three people who has registered in recent years to lobby provincial officials for SFU, an effort that has cost the school hundreds of thousands of dollars in the last two years. A lawyer in the Vancouver office of McCarthy-Tétrault, besides being a past president of the B.C. Liberal Party, he worked as a deputy minister for the Liberals in Victoria before joining the firm in 2006.

The University of B.C., the B.C. Institute of Technology and Okanagan University College have also had lobbyists registered with Victoria during the Liberals' time in office, most of them in the last three years. So has UniverCity, a corporation associated with SFU.

"You'll have to talk to SFU about it," said Wilkinson, reached by phone. As a lawyer, he has to respect client confidentiality, he said.

Asked in general about why public institutions might need the help of lobbyists in Victoria, he said, "I don't want to get into random commentary about the registry."

Lobbyist 'fast and convenient'

"As I understand it, you are expected to put your case forward through some kind of representative like an Andrew Wilkinson," said Don MacLachlan, a spokesperson for Simon Fraser University. A few hours later he called back and said, "My impression was mistaken. It isn't required, but it's a fast and convenient way of doing it."

Wilkinson knows how to get things done in Victoria, MacLachlan said. "He understands the government process and so on and so forth."

The particular issue Wilkinson worked on had to do with parking fines. The University of British Columbia was in a court case that eventually found it lacked the authority under the University Act to fine illegal parkers. Other schools covered, including SFU, would likely be affected, said MacLachlan. SFU's solution was to hire Wilkinson to seek a change to the act.

"The channel you'd use to seek an amendment to the University Act would be to use someone like an Andrew Wilkinson," said MacLachlan. "You don't send the president of the university to talk to the premier about it."

He could not say how much Wilkinson had been paid. The firm he works for, McCarthy-Tétrault, received $430,000 from SFU in the fiscal year that ended March 31, 2008, he said, and according to statements that will become official once they are presented to the school's board of governors on Thursday, $363,000 for the year ended March 31, 2009.

Lobbying the Government while Owned by It

Crown corporations are owned by the government. But that didn't stop one, the British Columbia Innovation Council, from registering a lobbyist to approach the government about pay for its top executive.

Allen Salton and Jason Herbert were both registered with the province to address "CEO compensation" for the BCIC, a Crown agency that helps commercialize innovation, according to its website. Salton's registration is still active, covering from December 2008 to December 2009.

"In the interest of transparency and full disclosure they registered on our behalf," said Lin Kishore, the BCIC's director of marketing and communications. "I think they were extremely cautious to do that... It's just overly, overly cautious."

The BCIC hired Dean Rockwell in October, 2008. His base salary is $169,000 a year, according to the BCIC's statement of executive compensation.

— Andrew MacLeod

He recommended calling Judith Osborne, SFU's Vice President, legal affairs. She did not return The Tyee's call by posting time.

SFU's $140,000 to Progressive Group

Wilkinson is one of three well-connected Liberals to lobby for SFU.

Mark Jiles registered as a lobbyist for SFU "to promote a new health science building in Surrey." It was an assignment that had him talking with cabinet ministers Bill Bennett, Ida Chong, Kevin Falcon, Shirley Bond and Murray Coell in their pre-election roles.

Jiles managed Premier Gordon Campbell's constituency campaign in 2005 and has donated over $8,000 to the B.C. Liberal Party since that time, according to Elections B.C.'s donation database. He is also president of the Progressive Group, the same company Patrick Kinsella is associated with.

MacLachlan said SFU's detailed schedules of payments to suppliers, which are unavailable on the school's website but can be inspected at its administrative offices, show Jiles' Progressive Group received $67,762 in the most recent fiscal year and $70,011 the year before that.

SFU previously had John Moonen registered as a lobbyist. The registration, covering a period of five years, was to talk about "facilities funding". The registry lists his contact with ten cabinet ministers including the premier, as well as several backbenchers and agencies.

"I know in John Moonen's case we were getting advice on what government's priorities were or seemed to be," MacLachlan said. The school paid Moonen's company $27,184 in the fiscal year that ended on March 31, 2008, he said.

Moonen, who also has registered to lobby for several municipalities, The Tyee reported yesterday, is a former federal Liberal candidate. He and his company, John Moonen & Associates Ltd., gave over $16,000 to the B.C. Liberal Party between 2005 and 2008.

Minister unfamiliar with lobbyists

SFU is one of a few publicly funded institutions that have lobbyists registered to represent their interests.

Okanagan University College had Alex Pannu registered on its behalf in 2002 and 2003, and the University of British Columbia had lawyers Donald Lidstone and Gregg Cockrill registered between 2007 and 2009.

The B.C. Institute of Technology has had three lobbyists registered on its behalf in the last few years. They include former ministerial assistant Steven Puhallo and former deputy minister to the premier Ken Dobell. The third is Josh Christensen, whose Facebook page describes him as a fan of Premier Campbell, Solicitor General Kash Heed, Health Minister Kevin Falcon and Finance Minister Colin Hansen.

A BCIT spokesperson said he would look into what the lobbyists did for the school and what they were paid, but he did not have answers by posting time.

Advanced Education Minister Moira Stilwell, first elected in May, was unavailable Friday for an interview. A spokesperson sent comments "attributable" to her.

"I'm not familiar with the lobbyists registered with the post-secondary institutions," the statement said. "We maintain an open and accessible ministry, and we balance the needs of B.C.'s students, institutions, and taxpayers on a daily basis."

Help in a complex world

Universities paying lobbyists makes sense when the relationships between institutions and the government are complicated, said Gary Mauser, an SFU business professor and authority on political marketing. "The word lobbyist is used as an insult, but it's also a very descriptive term for people who help improve communications," he said. "The world is complex. You need help. Whether that's intrinsic or not I can't tell. I think it is."

That may well mean hiring people who are politically well connected, he said. "It would be sensible to hire guys who are connected with the current political stream. That's just mere functionality."

As a university professor, he said, he approves of his school spending money on lobbyists if it brings more resources to SFU, but not without some caution.

"The worry is, What else is going on? Is there a way people are making money under the table? Is there a way this is underhanded? I don't know that and I have no indication that is the case," he said. "Universities have no money to reward people under the table like some other groups might have."

That public institutions are hiring lobbyists at a time when funding is scarce is "bizarre," said the New Democratic Party's advanced education critic Dawn Black. "To me it speaks to the chaos this government's in," she said. "It seems quite incredible to me. I wouldn't think publicly funded institutions would need to hire a lobbyist to get the attention of this provincial government."

"That's public funds and student tuition fees that are being used to fund lobbyists," said Shamus Reid, the chairperson of the Canadian Federation of Students-British Columbia. "It's resources that should be going into education... that are being directed to lobbying the government."

The practice is particularly troubling given the underfunding of post-secondary education in the province in recent years, he said.

"It's certainly frustrating for students to see resources directed into these kinds of activities,” said Reid. "We shouldn'be be making back-room deals. The government should be recognizing education is a priority and investing in it."  [Tyee]

14  Comments:

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  • Name

    3 years ago

    Yes of course it's "sensible"...

    ...especially when you stop and think that the lobbyists also double as the Liberal fundraisers. It's a practice as old as government itself

    You pay the lobbyist. The lobbyist/fundraiser "raises political donations" to help elect party members. The elected party members then give you what you paid to get.

    There are many other names of these sorts of transactions, none of them consistent with principles of integrity, democracy, transparency, fairness or good governance.

  • notamused

    3 years ago

    Money talks

    I'm afraid this is indicative of the direction our corporatized education system is heading under the pro-corporate BC Liberals. Why did the Real Estate Development Corporation of Point Grey (a.k.a. UBC) hire Stephen Toope as its president? Do you think it was his two law degrees or the connections he made while heading a $140 million foundation?

  • North of Hope

    3 years ago

    spot on, Name

    This reminds me of a comment by one of the major players in the recent corruption trial of the mayor of Ottawa. I believe it was the lawyer for the mayor who said if he was found guilty of corruption or influence peddling, then all politicians in Canada would be guilty as well.

  • CourtGQuinn

    3 years ago

    Good articles regarding lobbying..

    The author has presented a good couple of articles regarding how ideas are communicated to government...both cites/regions and universites. In some respects a certain amount of lobbying shouldbe going on. Why should government officials alone determine/decide policy? What's wrong is backroom dealings whereby it's more who you know then what you present. Local, provincial, federal or global governments should say to prospective lobbyists: "If you want to present your opinions and ideas regarding what policies the government should follow...you don't need to go to Ottawa, Victoria or New York to let your thoughts be known...in this day and age there's something called computers and the internet that allow anyone from practically anywhere to post their (or their clients) opinions online to be debated/discussed by not only government officials...but the public at large. Using the net allows all parties to save costs putting their ideas out there....and allows a greater amount of people access to dialogue. Lobbying will only be done through the most transparent, open and accountable means available...the NET!. If a lobbyists arguement can't be sustained and decided upon via the net...then perhaps their ideas aren't worth the airfare and hotel to come and present in person anyway...the net can save time and money for both politicians and lobbyists alike..."

    Why would governments and lobbyists want to utilize internet communications when airfare/hotels can be paid for be shareholders/voters? Kinda like the climate change confernence coming up in Europe. Do govs/lobbyists/academics really need to go there to debate/determine/decide upon climate policies?...NO!...work can get done from anywhere with modern technology. Politicians/lobbyists/academics like flying around the world and staying in hotels in order to determine policy...why should they care, they're not paying directly. So many institutions today pretend there's no such thing as the internet to facilitate communications and debate...perhaps those type of public figures will make way for those more technically inclined that don't need to be coerced with money/airfare/hotels/conferences to decide upon things. If an arguement can't stand up to open, transparent debate via the net...perhaps there's no arguement at all worth having....

  • wstander

    3 years ago

    The don't call it Crony Capitalism for nothing

    "The world is complex. You need help. Whether that's intrinsic or not I can't tell. I think it is."

    That may well mean hiring people who are politically well connected, he said. "It would be sensible to hire guys who are connected with the current political stream. That's just mere functionality."

    res ipsa loquitur

  • ME2

    3 years ago

    CourtGQuinn

    Good logic, alright - but then - how could a government get elected and re-elected without the pork barrel????

    Seems to me that some crazy American made a famous quote about 150 years ago -

    "Government of the people, by the people and for the people...."

    I wonder which people he meant?

  • OilbertaRedTory

    3 years ago

    Those crazy Victorians ...

    "All power is a trust; that we are accountable for its exercise; that from the people and for the people all springs, and all must exist."

    Benjamin Disraeli

  • mgeoghegan

    3 years ago

    please spare me the faux indignation

    Spare me the faux indignation. The fact is that using professional lobbyists is no more unseemly than using a professional accountant to do your taxes or a lawyer to represent you on a legal issue.

    The fact that universities are using professional lobbyists means they are smart. It is also something that they did when the NDP were in power. In addition to hiring outside consultants the universities also (gasp) have in house people who specialise in the area of government relations.

    Even private sector unions have started hiring lobbyists like myself so they can interact with more than just the NDP in Victoria and Ottawa.

    Contrast that with the public sector unions who insist on doing most of their talking to government via a megaphone on the front lawn of the legislature.

    So good for the universities for taking a more sophisticated and much more effective approach.

    Michael Geoghegan

  • wstander

    3 years ago

    The fact is that using

    The fact is that using professional lobbyists is no more unseemly than using a professional accountant to do your taxes or a lawyer to represent you on a legal issue.

    The difference between legitimate lobbying and crony capitalism is that you hire the accountant or lawyer on the basis of what they know, not who they know.

  • nightbloom

    3 years ago

    Thanks for that

    Thanks for that reality-check, wstander. This is a politically manufactured tempest in a tea pot. If Dawn Black finds the practice "bizarre" then we should question the wisdom of handing over the reins of government to naifs. This is how business is done, and the Lobbyist Registration Act provides for some measure of transparency. It is legal, legit, and no wrongdoing has occurred.

  • crankypants

    3 years ago

    Lobbyists

    Lobbyists are nothing more than parasites. They perform the same function as one who uses bribery. Lobbying may be legal by the letter of the law, but when you one entity playing both sides of an issue you blow the transparency argument.

  • Skywalker

    3 years ago

    Lobbyists

    Always nice to have lobbyists justify their existence. What does it say about an elected official if they would rather hear from a lobbyist than the actual client or constituent. Does the lobby feel "cleaner" if it is done at arms length? Why does it need to feel "clean"? Then there is the best question, " Does the institution which gets money from the taxpayer have the freedom to use it to lobby for more from the representatives of the taxpayer.

    I think cranky is spot on.

  • wstander

    3 years ago

    Reality check on nightblooms Thanks for that.

    Sorry nightbloom

    I can't take the credit you want to give me. You appear to have read only the first paragraph of my post. That was a quote from mgeoghegan, with which I disagree, as the second paragraph of my post makes clear.

  • OilbertaRedTory

    3 years ago

    The priesthood of Lobbyists ...

    ... will be reformed by the wiki-net just as surely as the mediaevalists were ravaged by the printing press.

    As John Calvin (nearly) taught:
    “each Citizen bears the exalted title of Lobbyist, and therefore has a rightful place in the offering of Policy Ideas in the Legislature. It is not the priest alone who has access into the heavenly sanctuary."

    The Tyee could be among the first to nail these theses on the doors of Canada's Legislatures ; wiki-made public policy :

    http://www.dominion.ca/release22012009.pdf
    http://mixedink.com/OpenGov
    http://cpd.org.au/about

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