Inflluence Peddling: A Review of Department of Justice "Improper Use of Office" Information

Improper Use of Public Office: Inflluence Peddling Aline Baroud and Andrew Gibbs

Influence peddling is another example of improper use of office. Unlike bribery, which is aimed at buying a decision directly from the decision maker, the concept of influence peddling involves paying a third party to exert influence on the decision maker. In this situation, the buyer hopes that the influence of the person being paid will be sufficient to convince the decision maker to decide a matter in his or her favour.

The Criminal Code prohibits officials from demanding, accepting or offering or agreeing to accept a loan, reward, advantage or benefit of any kind for cooperation, assistance or exercise of influence in connection with any matter of business relating to the government. [. . . . ]

It is noteworthy that when a public official accepts a benefit in exchange for the exercise of his or her influence, it is not necessary that the official possess a corrupt state of mind. The test applied by the courts is : whether or not the individual is aware that he or she is an official ; whether or not the official intentionally demands or accepts the benefit in question, for himself or herself, or for another person ; and whether or not the official knows that the reward is in consideration for his or her influence in connection with the transaction of business with the government. [. . . . ]