R. v. Hinchey , [1996] 3 S.C.R. 1128 was a case involving a federal public servant who was charged with violating the Criminal Code for handing out contracts to his own company.
In the ruling, Justice L'Heureux-Dube wrote the following for the majority
judgment (Link
to the Supreme Court of Canada's ruling):
At paragraph 13, speaking of the purpose of s.121 of the Criminal
Code (which, along with other sections, makes corruption and fraud
by public officials illegal):
"[the Criminal Code is] one of the myriad ways in which the
government seeks to achieve this purpose. ... Obviously, the criminal
law is not the only method utilized; a variety of other statutes contain
provisions which deal with corrupt or fraudulent practices, while there
are also conflict of interest and ethical guidelines to regulate behaviour.
See for example Financial Administration Act, R.S.C., 1985, c. F-11,
ss. 80 and 81; Conflict of Interest and Post-Employment Code for Public
Office Holders (1994)."
At paragraph 14:
"It is hardly necessary for me to expand on the importance of having
a government which demonstrates integrity. Suffice it to say that our democratic
system would have great difficulty functioning efficiently if its integrity
was constantly in question. While this has not traditionally been a
major problem in Canada, we are not immune to seeing officials fall from
grace as the result of a violation of the important trust we place in their
integrity. . . .
"I would merely add that the importance of preserving integrity
in the government has arguably increased given the need to maintain the
public's confidence in government in an age where it continues to play
an ever increasing role in the quality of everyday people's lives.
As the U.S. Congress has stated about its own anti-corruption measures:
"The necessity for maintaining high ethical standards of behaviour
in the Government becomes greater as its activities become more complex
and bring it into closer and closer contact with the private sector of
the Nation's economy."
As quoted in United States v. Evans , 572 F.2d 455 (5th Cir.
1978), at p. 480."
At paragraph 17 (with similar comments elsewhere):
"For a government, actual integrity is achieved when its employees
remain free of any type of corruption. On the other hand, it is not necessary
for a corrupt practice to take place in order for the appearance of integrity
to be harmed. Protecting these appearances is more than a trivial concern."
And at paragraph 18:
"In my view, given the heavy trust and responsibility taken on by
the holding of a public office or employ, it is appropriate that government
officials are correspondingly held to codes of conduct which, for an ordinary
person, would be quite severe. For the public, who is the ultimate
beneficiary of honest government, it is not so easy to sort out which benefits
are legitimate and which are laden with a sinister motivation. Moreover,
it is inefficient for a government to be paralyzed by rumour and innuendo
while an inquiry is made into the motivation behind a certain benefit or
advantage conferred on an official. What Parliament is saying through this
provision is that the damage sought to be prevented is actually done once
the benefit is conferred, and not after an ex post facto analysis which
demonstrates that no harm was intended. It is from the point of the conferral
of the benefit forward that the appearance of integrity has been slighted."
The minority judgment in R v Hinchey , delivered by Justice Cory,
did not dissent on any of the above points. In fact, Justice Cory agreed
with the need for an "appearance of integrity" standard for public officials,
stating at paragraph 94:
"The magnitude and importance of government business requires not
only the complete integrity of government employees and officers conducting
government business but also that this integrity and trustworthiness be
readily apparent to society as a whole."