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REGIONAL WRAP-UP requirement for detailed reports on communications with government offi cials under amendments to the federal Lobbying Act could threaten solicitor-client privilege even more than the previous system, says Henry S. Brown of Gowl- ing Lafl eur Henderson LLP's Ottawa offi ce. The new law took effect July 2 and could dramatically change the way lawyers reg- istered as lobbyists handle relations with government offi cials for their clients. The most signifi cant change requires all registered lobbyists to fi le monthly reports, which will be made public, about any communications arranged in advance with public offi ce-holders. The communications covered by the act exclude e-mails and letters with government offi cials, because those are accessible under the Access to Information Act. The new legislation is likely to put a chill on lobbying activ- ity, says Colin P. MacDonald, the chairman of Borden Ladner Gervais LLP's government relations practice. Monthly reports must include the name and position each lobbyist has contacted on a pre-arranged basis on behalf of the client, the government department or institution, the date of the communication, and the topic. There are also requirements for lobbyists to report all details on funding a client receives from a domestic or foreign government. Lawyers who act as lobbyists have been uncomfortable even disclosing the general information that has been required since 1985 by the Lobbyists Registration Act, now called the Lob- byists Act after the amendments introduced by the Conserva- tive government. The new requirements, however, could lead not just to awkward moments but to legal action, says Brown. A confrontation could develop if the lobbying commissioner wants more details than what clients have agreed may be dis- closed in the monthly statements. "If they're seeking a fi shing expedition and going beyond the scope of the legislation, then the lawyer could say 'no' and then the commissioner will have to pursue it, and then the lawyer might have to say, 'I can't do Quebec introduces anti-SLAPP law T he Quebec government is preparing to swat away SLAPPs this fall. That's when the National Assembly is expected to pass a bill that Justice Minister Jacques Dupuis introduced in mid-June to amend the province's Code of Civil Procedure to prohibit "strategy lawsuits against public participation," an issue that had become a priority for Premier Jean Charest's government. www. ntitled-1 1 Law ye rmag.com A UGUST 2008 11 6/13/08 9:12:03 AM that,' and then you're into that awkward position." Keith Cameron, a lawyer/lobbyist with Lang Michener LLP, says lawyers have braced themselves for further encroachments into solicitor-client privilege. "What we've been told, at least privately by the registrar [now commis- sioner] is you're wearing two hats, and you can't wear them both at the same time. Ei- ther you're a lobbyist or a lawyer. If you're acting as a lobbyist then you have to follow these rules; that makes for a diffi cult situa- tion, though." Others don't anticipate problems in some cases, because they focus on govern- ment policy and legislative initiatives rath- er than sensitive areas such as government procurement. "From my point of view, it's a little more paper- work but there isn't a concern about solicitor-client privilege," says Gerald Kerr-Wilson of Fasken Martineau DuMoulin LLP. Despite the attention given to the unique issues surrounding lawyers who act as lobbyists, their number is low compared to the total number of registered lobbyists. Of the 3,399 active fi les in the public registry, only 263 registrations are from law fi rms. —TIM NAUMETZ 2ND NATIONAL PRO BONO CONFERENCE & AWARDS DINNER