Government Relations and Ethics

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Whether your organization has an existing legal issue or is looking to stay ahead of the curve, we can offer a unique perspective that takes into consideration all your current needs and how to best position yourself to deal with the challenges ahead.

Our primary areas of expertise are:

Often the most effective method of resolving business and legal issues is through the legislative and regulatory process. Members of our firm have years of experience both working inside government (at all levels) and dealing with government from the outside. Whether your issue involves the federal, provincial, regional or municipal level of government, we can help develop the best strategy to achieve your desired result.

We believe that in almost every case you are your own most effective spokesperson. However, we can offer the benefit of experience and expertise in determining the best way to approach a problem or issue. Our aim is to help you present a convincing case that your position is consistent with the government's policy goals and can be successfully communicated to the public.

Further, we understand the relationship between public opinion, community support and government decision-making. In our view, all good government relations are based on sound public relations. We see the "big picture" and develop strategies covering all the factors critical to your success.

We also monitor political and policy developments and offer insightful analysis about the impact of government policies and decisions on our clients' businesses.

Lobbying Law

Striking a deal with government behind closed doors is a thing of the past. Citizens want to know who is lobbying their public officials and on what issues. Rightly so. New laws make transparency and disclosure the order of the day.

As lobbying laws evolve, it is essential to keep up with the rules. A contravention could result in fines, damage your reputation, and harm your business interests.

In this complicated environment, you could say that Fasken Martineau has "written the book" on Canadian lobbying laws.

We are the authors of Thomson Carswell's Lobbying in Canada/Lobbyisme au Canada, the definitive reference for businesspeople, lawyers, consultants and others who must navigate among the most rigorous lobbying processes in the world.

Recognized leaders among Canada's few legal practioners in this field, we regularly lecture and write on lobbying law, advise clients on complex issues related to lobbyist registration and are advocates for increased openness and transparency. We even helped the Government of Newfoundland and Labrador resolve a technical problem with its new lobbyist registration statute.

Whether you are lobbying, being lobbied or engaging a lobbyist, we offer you practical advice and the benefit of our experience interpreting and working with this complicated (and still relatively new) legislation.

Links

Guy W. Giorno cited in a special report on lobbyist registration commissioned by the Irish government (June 22, 2007)

British Columbia Registrar of Lobbyists (David Loukidelis) quotes Lobbying in Canada in the Ken Dobell investigation report (May 28, 2007)

Standing Senate Committee on Legal and Constitutional Affairs adopts Guy Giorno's recommendation (October 26, 2006)

Strategic Communication and Communication Planning

The courts and opposing parties might not be the only ones interested in your legal issue. Especially when the matter is high-profile, customers, employees, investors, governments, the media and others may be closely following developments. How you conduct yourself can have a significant impact on your relations with these important audiences.

Our team is keenly aware of the public impact of issues, and we are particularly adept in communicating complex legal problems in an understandable yet compelling way.

Our strategic approach to communication starts with a situational assessment and the identification of your objectives. We then develop creative solutions, help you execute the plan in a disciplined manner, monitor results and follow up to ensure success.

Crisis Communication and Issue Management

Perhaps the most unsettling moment for any client is to discover that its legal or business issue is about to become, or is now, front-page news. If the situation is handled poorly, the impact on business or personal reputations can be devastating.

Our philosophy is that the best way to manage contentious issues is to address them before they occur. We will work with you in developing strategies to help you avoid becoming the "issue of the day".

When a crisis cannot be avoided, the imperative is to respond quickly and effectively without being thrown off the original strategy. Our team has experience in helping you to defuse the situation, ideally within a single news cycle, so you can get back on your agenda.

Strategic Planning and Facilitation

Results matter. Achievement of goals depends on skillful execution of the right strategic plan.

As Sun Tzu observed, everyone can see your tactics but none can see the winning strategy. Therein lies the challenge: Strategy is sometimes overlooked because no one notices, yet it is the ingredient essential to success.

At Fasken Martineau we observe the discipline of setting strategy and developing plans before implementing. This includes clarifying objectives, analysing the situation in context, identifying the "imperatives" for success, and then crafting a plan that includes clear and measurable benchmarks.

Our team includes an experienced facilitator who has helped companies, organizations and governments set goals and priorities, identify obstacles and constraints, and develop strategic and operational plans to achieve their objectives.

You will receive not just advice, but a strategy and plan to deliver the result you need.

Stakeholder Relations

We understand that legal issues can have broad implications. They can affect a client's image and reputation, its relations with government, unions and customers, or its ability to achieve other business objectives.

Your "stakeholders" might include citizens anxious about new industrial development in their community, a public sector union concerned about contracting out government services or an environmental lobby group. Success will often depend on how effectively you deal with them and the issues they raise.

In our experience, it's always better to anticipate stakeholder reaction than to respond. We can help develop the best strategies to maintain, consolidate or strengthen the relationships that are vital to your overall goals.

Election and Election Finance Law

As a candidate, campaign manager or third party, you know that running afoul of election laws can have devastating results.

Our team has extensive experience interpreting, advising on and working under the laws that govern elections at the federal, provincial and local levels.

Our advice is practical and hits the mark, because the lawyers with whom you deal are themselves active practitioners of politics. We know from our own experience what it means to operate under these rules.

We have acted in matters that involve election spending, political fundraising, campaign advertising, recounts, nomination contests, prohibited practices, constitutional rights, challenges, candidate issues, parliamentary procedure, administration of associations and other topics.

We also understand the special sensitivities that attach to political retainers, which often involve contact with confidential political information and strategies. Your lawyer effectively becomes a member of your political team, and you need to be comfortable with the choice. Our team includes discrete, experienced counsel drawn from all major political parties.

Complementary Services

Where required, we are also able to provide complementary communication services such as:

writing;

media relations;

event planning.

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