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Federal Conservatives fail to initiate review of whistleblower law by legal deadline: groups fear government end-run on whistleblower law.

A comprehensive, transparent, and independent review of the flawed Act is required.

Thursday, May 16, 2012

OTTAWA – Today civil society organizations voiced concern that the federal conservative government has still not begun the legally-required review of its discredited whistleblower law, and may attempt to short-circuit the process to avoid proper discussion.

Conservative cabinet Minister Tony Clement is responsible for overseeing the review, which under the law was required to begin by April 15th, and is required to be an “independent” review.

The Conservative Government’s ‘ironclad’ whistleblower protection regime is in disarray, having been discredited by former integrity commissioner Christiane Ouimet’s (archive website) shameful mismanagement. Even under the new commissioner Mario Dion, virtually nothing has been achieved: after five years and more than 30 million dollars spent the agency has reported only one case of wrongdoing.

The root cause of these problems lies in the deeply-flawed legislation passed by the Conservative government in 2006, after coming to power on a promise to clean up government and specifically to protect whistleblowers. The Canadian whistleblower charity FAIR has analyzed this law and published a list of 40 serious shortcomings.

“This government owes it to Canadians to fix this bungled law. We need a comprehensive, transparent and independent review involving the best experts available” said David Hutton, executive director of FAIR. “Unfortunately the government has not commenced the legally-required review process, which should have begun a month ago, and it has refused to disclose even the most basic information about the intended format of the review.”

Tyler Sommers, Coordinator of Democracy Watch noted “Our concern is that the Conservatives will secretly conduct a bogus review that is not independent and does not involve the right people or public hearings at a parliamentary committee.”

Allan Cutler of Canadians for Accountability observed “This review process will be a critical test of whether this government really wants to fulfill its campaign promise by protecting honest public servants who speak up about government misconduct.”

The groups want a comprehensive, open and transparent process, including a conference or workshop where recognized experts can develop a consensus on the most important changes. There should also be substantive hearings before House and Senate committees, which can pass further amendments if necessary.

“After years of inaction and a spectacular false start, Canada is now decades behind countries like the USA, the UK and Australia. It is essential to consult with experts from these countries, which unlike Canada have considerable experience with effective laws, and have carried out excellent in-depth research.” says Hutton.

Ross MacLeod, the official responsible for the review, told FAIR that Treasury Board has made its recommendation (regarding the review) to Minister Clement but is still awaiting his decision.

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FOR MORE INFORMATION, CONTACT:

David Hutton, Executive Director, FAIR (Federal Accountability Initiative for Reform)
(613) 567-1511

Tyler Sommers, Coordinator of Democracy Watch and Chair of the Open Government Coalition:
(613) 241-5179

Allan Cutler, President, Canadians for Accountability:
(613) 863-4671

Ian Bron, Managing Director, Canadians for Accountability:
(613) 304-8049


Democracy Watch’s Government Ethics Campaign

Democracy Watch’s Money in Politics Campaign

Federal democracy and good government watchdogs are lapdogs in key ways — will Conservatives make much-needed changes?


Set out below is a letter-to-the-editor by Democracy Watch Board Member Duff Conacher which was published in the Globe and Mail May 15, 2012


 

Many of the federal officers of Parliament who are supposed to enforce key democracy and good government laws are unfortunately lapdogs in important ways (Watchdogs of Parliament forge closer ties – May 12).

The ruling party chooses them and, in a majority government, can appoint whomever they want (opposition party leaders are consulted, but have no power to stop any appointment).

All of the laws they enforce have loopholes that allow for dishonesty, conflicts of interest and other unethical activities, excessive secrecy, and waste of the public’s money.

None of the officers can penalize anyone who violates the key rules they enforce — they can bark by issuing reports, but can’t bite.

And, unfortunately, some of them are unaccountable themselves — it is illegal to challenge a ruling of the Ethics Commissioner or Commissioner of Lobbying in court no matter how incorrect their ruling is.

All of the laws for the officers are being reviewed by Parliament this year.  Hopefully, they will finally be made into watchdogs who can hold politicians and public servants accountable, and can be held accountable themselves when they fail to do their jobs properly.

 


For more details, go to Democracy Watch’s Clean Up the System page

Spending scandals show need for stronger rules, and enforcement


Set out below is a letter-to-the-editor by Democracy Watch Coordinator Tyler Sommers which was published in the Edmonton Journal April 30, 2012


The spending scandals involving federal Conservative Cabinet minister Bev Oda, and the Montreal Port Authority, and the Department of National Defence, along with recent past scandals such as the G8 conference slush fund and similar scandals in provinces, show the clear need for stronger rules, and stronger enforcement.

No one in any Canadian government or quasi-government institution should be allowed to spend the public’s money on anything unless they are paying a reasonable cost (all luxury purchases prohibited) and where fitting have held a competition to ensure the best price is obtained.

No one should be allowed to spend significant amounts without checking early on with the Auditor General’s office that what is being bought, and the proposed spending process, comply with these stricter spending rules.

And because some people in government will continue to try to rig spending processes to favour themselves or friends or interest groups they support, the Auditor General must also be given the power, and required, to penalize people who break the rules with high fines.

In other words, government spending rules must be as strict, and strongly enforced, with as high as penalties, as most of the laws are that politicians and bureaucrats have imposed on Canadians.

As the old saying goes, what’s good for the goose is good for the gander.


For more details, go to Democracy Watch’s Voter Rights Campaign

Albertans should not be surprised at low voter turnout in provincial election


To see related Calgary Sun article, click here


Voting system, failure of Elections Alberta to inform voters of right to decline their ballot likely reasons for turnout

Wednesday, April 25, 2012

OTTAWA – Today, Democracy Watch called for democratic changes to Alberta’s political system in response to the clear crisis of low voter turnout in the provincial election, despite the heated battle between the Progressive Conservatives and the new Wildrose Party.  Initial results show that the Alberta Progressive Conservatives have won 61 of 87 (70%) seats with the support of only 25% of eligible voters (of the 57% of eligible voters who cast ballots, 44% did so for the PCs).

“With only 57% of eligible voters casting ballots, only slightly more than half of Alberta’s eligible voters, alarm bells should be going off and questions raised about the legitimacy of the provincial government,” said Tyler Sommers, Coordinator for Democracy Watch.  “Changes need to be made to increase voter turnout, Elections Alberta needs to inform Albertans of their right to decline their ballot, donation limits must be tightened so that corporations cannot buy a voice, and parties need to end undemocratic elections and government.”

In addition to Elections Alberta properly educating voters about their right to decline their ballot, some of the most important changes Alberta’s parties can make to increase voter turnout are as follows:

  • pass an honesty-in-politics law that gives voters an easy, low-cost way to file complaints to the Integrity Commissioner, and gives the Commissioner the power to penalize misleaders (and requires MLAs who switch parties in-between elections to resign and run in a by-election);
  • change the voting system so that the percentage of MLAs each party receives more closely matches the popular vote percentages.

In addition, if the parties strengthened and/or created provincial ethics, political finance, lobbying, open government, and whistleblower protection laws, voters would have more reason to vote because they would be more assured of good government no matter which party won.

“While the increase from the last election is good to see, it’s unlikely that it will be maintained. More and more voters know from their experience of the past few decades of elections that they are not going to get what they vote for, and are likely to get dishonest, secretive, unrepresentative, and wasteful governments no matter who they vote for, and as a result no one should be surprised to see voter turnout at such low levels. To buck this trend and increase citizen engagement, significant changes need to be made” said Sommers.

These problems exist in all the provinces and territories across Canada.  All of these changes should be made by the federal and provincial and territorial governments, and for their municipalities, before either mandatory or Internet voting are tried (because both of those have likely serious negative effects).

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FOR MORE INFORMATION, CONTACT:
Tyler Sommers, Coordinator of Democracy Watch
Tel: (613) 241-5179

Democracy Watch’s Voter Rights Campaign

Federal Conservatives end their five-year sham by cutting funding to secretariat of non-existent Public Appointments Commission

Will the Conservatives uphold good government principles by finally establishing the PAC, or will they continue their undemocratic, unethical bad government patronage and cronyism?

Thursday, April 19, 2012

OTTAWA — Today, Democracy Watch called on the federal Conservatives to finally keep their 2006 and 2008 election promises to: “Establish a Public Appointments Commission to set merit-based requirements for appointments to government boards, commissions, and agencies, to ensure that competitions for posts are widely publicized and fairly conducted.”

In the recent federal budget, the federal Conservatives finally ended the sham they have maintained for the past five years by cutting the $1 million annually that was supposedly being used by a secretariat of the non-existent Commission.

The Conservatives also made the false claim in the budget that their government ” has significantly strengthened the rigour and accessibility of the public appointments system over the past five years.”  This is not surprising, as the Conservatives have been consistently misleading about the Commission, including when they claimed (archive website) in April 2006 that the opposition parties opposed the creation of the Commission.  In fact, the opposition parties opposed the creation of a lapdog commission (the Conservatives’ did not initially propose an independent commission with power to end patronage and cronyism) and a lapdog head commissioner (the Conservatives initially proposed Conservative donor and Harper leadership supporter Gwyn Morgan as the first head commissioner, and he would have likely done very little to challenge any Harper Cabinet appointment).

“The federal Conservatives have lied again and again about establishing an independent public appointments commission to help end patronage, and have proven themselves to be just as bad as past political parties at rewarding friends and cronies with appointments, and at appointing lapdogs, to key good government and law enforcement agencies,” said Tyler Sommers, Coordinator of Democracy Watch.  “By continuing to practise undemocratic, unethical politics as usual, the Conservatives continue to damage Canada’s democracy in dangerous ways.”

The Conservatives have appointed hundreds of their friends and supporters to agencies, boards, commissions, tribunals (many of them key law enforcement agencies), as well as the Senate, just like the Liberals did in the past and other parties have in various provinces (because patronage and cronyism is a problem across Canada).

The Conservatives have also failed to appoint anyone from outside the federal government to head up any good government watchdog agency, and three of their appointments (former disgraced Integrity Commissioner Christiane Ouimet (archive webiste), Ethics Commissioner Mary Dawson (archive webiste), and Commissioner of Lobbying Karen Shepherd (archive website)) have all failed in more than 100 cases to enforce key good government and ethics laws and rules effectively.

Until a fully independent, fully empowered Public Appointments Commission is established for the federal government, and in every jurisdiction in Canada, the unethical, undemocratic and bad government practice of appointing ruling party supporters will continue.

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FOR MORE INFORMATION, CONTACT:

Tyler Sommers, Coordinator of Democracy Watch
Tel: (613) 241-5179

Democracy Watch’s Voter Rights Campaign