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A watchdog group is going to court hoping to force the federal Ethics Commissioner to widen the definition of conflict of interest to include politicians and officials who protect their friends, even if no financial interest is at stake.

Democracy Watch has asked the Federal Court of Appeal to quash a finding by Ethics Commissioner Mary Dawson that Prime Minister Stephen Harper had no conflict of interest when he made decisions on the Mulroney-Schreiber affair.

Democracy Watch maintains Mr. Harper should have withdrawn from the matter because of Brian Mulroney's former role as a personal adviser to the current Prime Minister.

Yavar Hameed, Democracy Watch's lawyer, said Ms. Dawson interpreted the law too narrowly when she declined to examine the non-profit organization's initial letter of complaint.

"The ethics commissioner is saying you have to have some kind of pecuniary or financial interest, and that is the limit of it," Mr. Hameed said yesterday.

"If you have a personal relationship or friendship which could advance one's career objectives or political interest, that falls outside of the definition. We think it was an error in terms of narrowly defining that scope."

Ms. Dawson wrote earlier this year that she did not find "sufficient, credible evidence" to investigate whether Mr. Harper was in a conflict of interest when he gave himself the final word on an inquiry into controversial financial dealings between Mr. Mulroney, the former prime minister, and arms lobbyist Karlheinz Schreiber.

The Ethics Commissioner found the conflict of interest code for MPs limits "private interest" to financial matters or professional or business status. Personal reputation and position is not covered, she said.

Mr. Harper appointed Waterloo University President David Johnston to recommend terms of reference for an inquiry but Mr. Harper made the final decision. He also picked the judge who will head the inquiry, Manitoba Associate Chief Justice Jeffrey Oliphant.

In her response to Democracy Watch's complaint, Ms. Dawson suggested Mr. Johnston's appointment is one factor that shows "there is nothing to suggest Mr. Harper was promoting his private interests."

Mr. Harper adopted Mr. Johnston's recommendations.

Democracy Watch's complaint, signed by co-ordinator Duff Conacher, suggested all members of the government, including political staffers and the entire federal cabinet, were in a conflict of interest because they serve "at the pleasure" of the Prime Minister.

Mr. Conacher has suggested an independent officer of Parliament should have made all decisions on the matter.