Page 17 - CCCA Magazine Summer 2014

{ FeatUre } puttIng ethIcs iNto code � � � By Pablo Fuchs Christa Wessel remembers a time not that long ago when a code of conduct was a “nice to have,” usually in companies that have given some thought to what they were and wanted to capture that essence in a document. But now, thanks to a confuence of factors, having a code of conduct in place is so critical to an organization that she couldn’t see herself living without it. “I don’t know how I could implement ated third parties engage in either unethi- a detailed anti-corruption policy, as an cal or illegal behaviour. example, without having established a “Given some of the recent changes clear code of conduct,” says Wessel, chief in the law, particularly in Canada with human resources and legal offcer with respect to foreign anti-corruption and McCain Foods Limited in Toronto. “You anti-bribery legislation, all companies could write a 2,000-page policy with a de- that carry on business in jurisdictions tailed set of guidelines and dos and don’ts, outside Canada have to ensure their and you could never capture all the possi- employees are compliant,” says Anna ble events, transactions or circumstances Fung, vice president, legal and general that may arise. Referring back to the code counsel with TimberWest Forest Corp. of conduct helps provide that framework in Vancouver. “If there’s any negative for when you need people to make judg- publicity [from people not being com- ment calls.” pliant with the laws], it gets out there to Having a code of conduct has become a lot of people very quickly as a result critically important because of the sig- of social media. So, the issue of having nifcant increase in new laws and compli- ethical business practices has come to ance-related activities both at home and the forefront of any company that has abroad, as well as the organization’s need a responsible board of directors at the to mitigate headline risk that could cause helm who need to be sure that its senior signifcant reputational or fnancial dam- executives and employees are willingly age if management, employees or associ- adhering to an ethical culture.” Canadian Corporate Counsel assoCiation | CCCa-aCCje.org 17