The International Cooperation Group

Publications

IMPROPER USE OF PUBLIC OFFICE

Aline Baroud
Andrew Gibbs

SELLING OR INFLUENCING APPOINTMENTS

As a further control on the inappropriate exercise of public authority, the Criminal Code prohibits trading in offices[65]. There are two broadly worded provisions under the Code : one addresses the selling or purchasing of offices[66], the other deals with influencing or negotiating appointments[67]. These sections prohibit anyone, including elected officials, from engaging in such activities. They are applicable to all levels of public employment[68]. The object of the prohibition is to prevent the sale of public offices to the highest bidder. Competition for public positions is to be open to all citizens, and appointments to public positions are to be made strictly on the basis of merit. People should not be forced to pay to obtain a public office, nor should those in positions of power or influence be permitted to sell the positions under their control.

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