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This thesis compares the public policies of campaign finance in Canada with those in the U.S. and the U.K. in the period 2000-2011. The majority of the Canadian literature on party finance demonstrates a belief in the efficacy and necessity of the enterprise. This dissertation suspends this disposition and offers a critical approach to the regulation of money in Canadian elections. This thesis situates the discussion of party finance regulation in the context of contending models of democracy. Campaign finance rule changes are conceptualized within a new institutionalist framework. Changes in campaign finance rules are seen as changes in incentives and are seen to work in configurations, that is, interacting with existing formal and informal constraints. New institutionalism provides the avenue of inquiry into the position of political parties on the boundary of the public and private spheres and how campaign finance regulation may shift that boundary. This thesis adopts a mixed-method approach, incorporating the results of 65 semi-structured interviews with academics and political practitioners with primary document research. This thesis demonstrates that campaign finance rule changes interact with other electoral rules, types of parties and the nation’s historic institutions. The need to meld Quebec’s statist and civil-code traditions with Westminster democratic traditions, the introduction of the Charter of Rights and Freedoms and the role of subsequent court decisions, and the role of Elections Canada in its political finance oversight capacity, constitute major catalysts for Canadian party finance rule changes and for understanding the impact of rule changes. Contrary to the majority of literature on campaign finance reform, this thesis demonstrates that there may be diminishing marginal returns to additional campaign finance regulations, at least in a mature democracy such as Canada. Campaign finance rules reveal preferences for different models of democracy. As such, they must be carefully monitored.

This thesis compares the public policies of campaign finance in Canada with those in the U.S. and the U.K. in the period 2000-2011. The majority of the Canadian literature on party finance demonstrates a belief in the efficacy and necessity of the enterprise. This dissertation suspends this disposition and offers a critical approach to the regulation of money in Canadian elections. This thesis situates the discussion of party finance regulation in the context of contending models of democracy. Campaign finance rule changes are conceptualized within a new institutionalist framework. Changes in campaign finance rules are seen as changes in incentives and are seen to work in configurations, that is, interacting with existing formal and informal constraints. New institutionalism provides the avenue of inquiry into the position of political parties on the boundary of the public and private spheres and how campaign finance regulation may shift that boundary. This thesis adopts a mixed-method approach, incorporating the results of 65 semi-structured interviews with academics and political practitioners with primary document research. This thesis demonstrates that campaign finance rule changes interact with other electoral rules, types of parties and the nation’s historic institutions. The need to meld Quebec’s statist and civil-code traditions with Westminster democratic traditions, the introduction of the Charter of Rights and Freedoms and the role of subsequent court decisions, and the role of Elections Canada in its political finance oversight capacity, constitute major catalysts for Canadian party finance rule changes and for understanding the impact of rule changes. Contrary to the majority of literature on campaign finance reform, this thesis demonstrates that there may be diminishing marginal returns to additional campaign finance regulations, at least in a mature democracy such as Canada. Campaign finance rules reveal preferences for different models of democracy. As such, they must be carefully monitored.

Political Finance Reform and Public Procurement:  Evidence from Lithuania. Can political donations buy influence? This paper studies whether firms trade political contributions for public procurement contracts. To answer this question, I focus on the Lithuanian political economy. Combining data on a large number of government tenders, the universe of corporate donors and firm characteristics, I examine how a ban on corporate donations affects the awarding of procurement contracts to companies that donated in the past. Consistent with political favoritism, contributing firms’ probability of winning goes down by five percentage points as compared to that of non-donor firms after the ban. Among different mechanisms, the hypothesis that corporate donors get confidential information on competing bids prevails. The empirical results are in line with predictions from a first-price sealed-bid auction model with one informed bidder. Evidence on firm bidding and victory margins suggests that contributing firms adjust their bids in order to secure contracts at a maximum revenue. I assess that tax payers save almost one percent of GDP thanks to the reform. Gender Quotas and the Quality of Politicians. We analyze the effects of the introduction of gender quotas in candidate lists on the quality of elected politicians, as measured by the average number of years of education. We consider an Italian law which introduced gender quotas in local elections in 1993, and was abolished in 1995. As not all municipalities went through elections during this period, we identify two groups of municipalities and use a difference-in-differences estimation. We find that gender quotas are associated with an increase in the quality of elected politicians, with the effect ranging from 0.12 to 0.24 years of education. This effect is due not only to the higher number of elected women, who are on average more educated than men, but also to the lower number of low-educated elected men. The positive effect on quality is confirmed when we measure the latter with alternative indicators, it persists in the long run and it is robust to controlling for political ideology and political competition. Affirmative Action and the Power of the Elderly. There is evidence that age matters in politics. In this article we study whether implementation of affirmative action policies on gender can generate additional effects on an alternative dimension of representation, namely, the age of politicians. We consider an Italian law which introduced gender quotas in candidate lists for local elections in 1993, and was abolished in 1995. As not all municipalities went through elections during this period, we can identify two groups of municipalities and use a difference-in-differences estimation to analyze the effect of gender quotas on the age of elected politicians. We find that gender quotas are associated with election of politicians that are younger by more than one year. The effect occurs mainly due to the reduction in age of elected male politicians and is consistent with the optimizing behavior of parties or of voters. Let the Voters Choose Women. Female under-representation in politics can be the result of parties' selection of candidates and/or of voters’ electoral preferences. To assess the impact of these two channels, we exploit the introduction of Italian Law 215/2013, which prescribes both gender quotas on candidate lists and double preference voting conditioned on gender. Using a regression discontinuity design, we estimate that the law increases the share of elected female politicians by 22 percentage points. The result is driven by the increase in preference votes cast for female candidates, suggesting a salient role of double preference voting in promoting female empowerment in politics.

This thesis is an examination of whether the “egalitarian model” for political finance that has been established by the Supreme Court of Canada, other Canadian courts and legal scholars and commentators is actually egalitarian and has been applied consistently (in Chapter 2), and whether Canada’s political finance system measures up to the Court’s model (in Chapters 3 and 4), and how it could be changed to comply with a more egalitarian model that would also be ethical in terms of preventing even the appearance of a conflict of interest (in Chapters 6 and 7). Chapter 1 sets out a general theoretical framework for evaluating the Supreme Court’s egalitarian model, and I develop and set out a more egalitarian model in Chapter 5. In the Chapter 8 conclusion, I summarize the findings and propose structural and positive Charter rights court cases as a way forward, given that the platforms federal politicians and political parties from the past few elections, and the reports of parliamentary committees, have not called for the most of the changes I propose are needed to make the system more egalitarian. The thesis addresses political finance broadly defined as money, property, use of property, gifts, services, favours and other benefits and advantages provided to nomination contestants, election candidates and political party leadership contestants, electoral district associations, political parties, politicians and their staff during election campaign periods and also during the time period between elections, including support provided by “third-party” interest groups, lobbyists and other individuals, and by media outlets. In Chapter 3, I examine the rules that apply to each of these political actors in the areas of registration, donations and loans, spending, public subsidies and disclosure (including auditing), including a separate section on the role of media and social media. Given that political systems include providers (whether as contractors or donors) of money, property and the use of property (including gifts and other benefits and advantages), and services (including favours) to politicians, and given that providers could be lobbyists, I also examine in Chapter 4 the rules concerning gifts, favours and other benefits and relations between voters, lobbyists and politicians, and concerning the conflicts of interest that can be caused by these activities. Other than disclosure and auditing, I do not cover enforcement measures or systems in any of the areas. However, I do note at various points in the thesis that, as several studies and history have shown clearly, effective enforcement measures, policies and practices are key to ensure compliance with such rules. The main contentions that I make are: that the key principles of the Supreme Court of Canada’s egalitarian model have not been consistently upheld by the Court and other Canadian courts, that Canada’ federal political finance system does not fulfill the Court’s egalitarian model, and that several changes are needed to make the model and the system more egalitarian, only a few of which have been addressed by Canadian courts and scholars to date. These contentions counter the claim made in the Court’s rulings, and by many scholars and commentators, that Canada’s political finance system has developed and is based on an egalitarian model. In Chapters 5 through 7, I develop a more egalitarian model and set out specific proposed changes to make Canada’s systems more egalitarian, both in theory and in practice, within the framework of a democratic good government political system (meaning a system with separation of powers, elections, human rights protections, rule of law etc.) and a mixed market economy with both public sector institutions and private sector businesses, unions and other organizations (cooperatives, non-profit, religious organizations etc.). Both the model and many of the specific proposed measures should also be applicable in other jurisdictions with different political systems and economic systems. The framework of 19 standards for a more egalitarian model that I develop in Chapter 5 is based mainly on John Rawls’ theory of justice, but modified and expanded to incorporate critiques of Rawls’ theory, other legal principles and democratic good government theories, international standards, government ethics case law, behavioural psychology studies, and evidence of the public’s expectations. The 201 proposals I make in Chapters 6 and 7 for specific changes to the rules of Canada’s current federal political finance system (again, broadly defined), are based on the model, measures from various jurisdictions in Canada and elsewhere, and international standards. I am not claiming that these changes would definitely result in “better” or more “public interest” policy-making decisions, however that would be determined. I am only contending that the framework I develop is more egalitarian than the Supreme Court’s model, and that the rule changes I suggest would make the political finance, gifts, favours, conflict of interest and lobbying systems align with the more egalitarian model I propose. I primarily use the doctrinal research methodology by examining scholarly research and, given I also examine aspects of the laws of Canadian provinces and municipalities, and other countries, I also deploy some aspects of the comparative methodology (most fully when comparing Canada’s federal rules to Quebec’s rules, and somewhat when comparing Canada’s rules to the U.S. and U.K. rules). The research results from these sources inform the conclusions I set out in my thesis. The thesis advances knowledge in the following areas: 1. It is the first complete evaluation of the federal Canadian political finance, gifts-favours-benefits, conflict of interest and lobbying rules and systems in their current state as of May 2023, based on the findings of extensive new research into key parts of these systems; 2. It sets out the first comprehensive analysis of how the Supreme Court of Canada’s egalitarian model has been applied by the Court and other courts inconsistently, in ways that do not comply with the model; 3. It sets out the first analysis of how Canada’s political finance statutory rules, again defined broadly to include rules that apply to donations, loans, gifts, services, favours and other benefits, lobbying and conflicts of interest, do not comply with the Supreme Court’s egalitarian model, based in part on new statistical research set out in 28 charts, and; 4. It sets out a new theoretical framework based on 19 standards, and a comprehensive set of 201 innovative proposals for changes to make Canada’s political finance rules (again defined broadly) more egalitarian, and more ethical in terms of preventing conflicts of interest. Five comprehensive studies of key parts of the political finance, ethics and lobbying systems are also proposed to gather key information needed to inform the design of some of the 201 proposed changes. Eight structural and positive Charter rights cases are also proposed to challenge current rules that do not comply with the egalitarian model.