CODES OF CONDUCT - QUEBEC
demonstrated how important the Bill was in the eyes of the Members, since it would provide a framework for their conduct during and, to a degree, after their parliamentary careers.
Why a Code of Ethics and Conduct? Before the Code was adopted, the provisions of the Act respecting the National Assembly that dealt with conflicts of interest comprised about a dozen sections worded in general terms. Members had few guidelines they could rely on to govern their conduct in specific situations. The Code therefore required
a need for the kind of clarity and precision that was lacking in the old rules. Still, a code could have been adopted without turning it into a law, so why legislate it? The following answer by the jurisconsult sums it up well:
“Legislating is the most solemn
manner by which a democracy expresses itself. Therefore, establishing rules of conduct and ethics for public office holders
through legislation is the most appropriate way of demonstrating the importance accorded to those rules and to their observance. Such a demonstration is made not only for those who are subject to the rules, but also for the people on behalf of whom they are enacted, that is, the entire population.”2 To a large degree, then, the Code
of Ethics and Conduct is a concrete response to the public’s concerns about the conduct of their elected representatives. But it also serves the Members, who seek the full confidence of their fellow citizens and want reliable guidelines to govern their conduct. In its preamble, the Code states
that the people of Québec expect their elected representatives, due to the very nature of their functions, to observe certain rules of conduct. The Code clearly affirms the broad ethical principles:
“Members must adhere to and
establishes specific rules of conduct they must follow, hence the title Code of ethics and rules of conduct of the
Members of the National Assembly.”3 The term “ethics” refers to the values set out in Title I of the Code, which all Parliamentarians must adhere to from the outset. The “rules of conduct”— the rules set out in Title II, applicable to all Members, and in Title III, applicable to Cabinet Ministers—represent the concrete application of those values to everyday life.
The values of the National Assembly Section 6 of the Code gives the following expression to the values of the National Assembly: • Commitment to improving the social and economic situation of Quebecers; • High regard for and the protec- tion of the National Assembly and its democratic institutions; and • Respect for other Members, public servants and citizens. It also states that the conduct of
Members must be characterized by benevolence, integrity, adaptability, wisdom, honesty, sincerity and justice. Consequently, Members must
Above: The National Assembly of Québec
• Show loyalty towards the people of Québec; • Recognize that it is their duty to serve the citizens; • Show rigour and diligence; • Seek the truth and keep their word; and • Preserve the memory of how the National Assembly and its demo- cratic institutions function.
Subsequent sections affirm that
not only do Members embrace these values, but that observance of them is an essential condition for maintaining public confidence in the Members and the National Assembly. It also helps to enable Members to fully achieve their mission of serving the public interest.
Rules of conduct for Parliamentarians In addition to these broad ethical
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