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Democracy Watch calls on Ontario Integrity Commissioner to investigate Premier Ford for accepting family gifts from lobbyists and developers at stag-and-doe party

If Commissioner rules gifts were illegal, then Ford may have also violated ethics law by participating in decision to allow Greenbelt developments

Integrity Commissioner negligently issued an opinion about the party without even investigating – has a lapdog record of very weak enforcement

FOR IMMEDIATE RELEASE:
Thursday, February 23, 2023

TORONTO – Today Democracy Watch sent a letter to Ontario Integrity Commissioner David J. Wake calling on him to investigate and rule whether Premier Ford violated the provincial government ethics law when his family accepted benefits from lobbyists and property developers who were invited to his daughter’s stag-and-doe party in August 2022, and who seek favourable decisions from Ford’s Cabinet. The letter summarizes the details.

Commissioner Wake negligently issued an opinion clearing the party based only on information provided by, and claims made by, Premier Ford. Based on a Global News report about the party and Commissioner Wake’s opinion, there is no evidence that Commissioner Wake asked Premier Ford who invited the lobbyists and developers to the party, nor exactly what the invitations requested in terms of donations to Ford’s daughter, nor whether any lobbyist donated any of the prizes party attendees could win. It is also negligent for the Commissioner not to make the opinion available in full on his website.

It is a violation of the provincial Members’ Integrity Act to accept a “fee, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office.” (subsection 6(1)) and only basic gifts or benefits that MPPs receive when attending public community events are allowed according to the Commissioner’s own guideline.

The Commissioner’s own guideline webpage states that: MPPs should avoid circumstances where a reasonable person might conclude that a gift or benefit was given with an intention to influence them in carrying out their duties.”

The Commissioner’s guideline also says to check with the Commissioner’s office before accepting a gift, and MPPs are also required to file a disclosure form with the Commissioner within 30 days after receiving any gift or benefit worth more than $200 (subsections 6(3) and (4)). Premier Ford only sought the Commissioner’s opinion five months after the party was held, and there is no mention in the Commissioner’s statements reported by the media about Premier Ford disclosing anyone or any entity giving more than $200 through the party, nor does Ford’s 2022 financial disclosure form list any gifts or benefits.

Commissioner Wake’s opinion that it was fine that lobbyists and property developers who seek favourable decisions from the Ford Cabinet paid for and attended the party (and may have donated above the ticket price) was based on:

  1. The ridiculous conclusion that Premier Ford didn’t know about the gifts (he knew the party had a ticket price, and he knew who attended the party, so he knew they paid the ticket price);
  2. The irrelevant ground that the property developers are friends of the Ford government (there is no exception for accepting gifts and benefits from friends if they are lobbyists or are seeking favourable decisions from your Cabinet), and;
  3. The irrelevant ground that no government business was discussed at the party (the lobbyists, developers and Ford could easily discuss government business after the party).

While it has been confirmed by the Toronto Star that property developers with a stake in developing the Greenbelt attended the wedding of Premier Ford’s daughter, including some who sat with Premier Ford at the wedding, it has not been confirmed whether they paid the ticket price and/or made a donation above the ticket price for the stag-and-doe party.

If any Greenbelt developers did pay or donate to attend the party, Commissioner Wake should not only find that Premier Ford violated the gift rules in the MIA, he should also find that Ford participating in the decision to open the Greenbelt to development violated the rules in the MIA that prohibit “improperly” furthering the interests of anyone or any entity (sections 2-4).

Commissioner Wake has a very weak enforcement record:

  1. He let off Premier Ford even though he participated in the decision to appoint his old friend Ron Taverner as OPP Commissioner, and as an executive at the Ontario Cannabis Store;
  2. He also let off members of Ford’s staff even though he had clear evidence they gave Taverner preferential treatment in violation of the rules;
  3. He let off Ford even though he appointed his campaign adviser and staffperson Jenni Byrne to the Ontario Energy Board, and appointed his family lawyer to chair the Public Accountants Council, and;
  4. He has let off dozens of lobbyists for clear violations of Ontario’s lobbying law (Democracy Watch is currently challenging those rulings on lobbyists in court).

“Ontario’s Integrity Commissioner should not have rolled over like a lapdog and approved, without even investigating, the gifts and money Premier Ford and his family received from lobbyists and developers who attended his family’s party,” said Duff Conacher, Co-founder of Democracy Watch. “Commissioner Wake should conduct a full investigation, and if he finds that property developers with Greenbelt connections provided any gifts or benefits to the Ford family, he should also find that Premier Ford violated the ethics law by participating in the decision to open up the Greenbelt to development.”

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Government Ethics Campaign, Money in Politics Campaign and Stop Secret, Unethical Lobbying Campaign

If Commissioner rules gifts were illegal, then Ford may have also violated ethics law by participating in decision to allow Greenbelt developments

Integrity Commissioner negligently issued an opinion about the party without even investigating – has a lapdog record of very weak enforcement

FOR IMMEDIATE RELEASE:
Thursday, February 23, 2023

TORONTO – Today Democracy Watch sent a letter to Ontario Integrity Commissioner David J. Wake calling on him to investigate and rule whether Premier Ford violated the provincial government ethics law when his family accepted benefits from lobbyists and property developers who were invited to his daughter’s stag-and-doe party in August 2022, and who seek favourable decisions from Ford’s Cabinet. The letter summarizes the details.

Commissioner Wake negligently issued an opinion clearing the party based only on information provided by, and claims made by, Premier Ford. Based on a Global News report about the party and Commissioner Wake’s opinion, there is no evidence that Commissioner Wake asked Premier Ford who invited the lobbyists and developers to the party, nor exactly what the invitations requested in terms of donations to Ford’s daughter, nor whether any lobbyist donated any of the prizes party attendees could win. It is also negligent for the Commissioner not to make the opinion available in full on his website.

It is a violation of the provincial Members’ Integrity Act to accept a “fee, gift or personal benefit that is connected directly or indirectly with the performance of his or her duties of office.” (subsection 6(1)) and only basic gifts or benefits that MPPs receive when attending public community events are allowed according to the Commissioner’s own guideline.

The Commissioner’s own guideline webpage states that: MPPs should avoid circumstances where a reasonable person might conclude that a gift or benefit was given with an intention to influence them in carrying out their duties.”

The Commissioner’s guideline also says to check with the Commissioner’s office before accepting a gift, and MPPs are also required to file a disclosure form with the Commissioner within 30 days after receiving any gift or benefit worth more than $200 (subsections 6(3) and (4)). Premier Ford only sought the Commissioner’s opinion five months after the party was held, and there is no mention in the Commissioner’s statements reported by the media about Premier Ford disclosing anyone or any entity giving more than $200 through the party, nor does Ford’s 2022 financial disclosure form list any gifts or benefits.

Commissioner Wake’s opinion that it was fine that lobbyists and property developers who seek favourable decisions from the Ford Cabinet paid for and attended the party (and may have donated above the ticket price) was based on:

  1. The ridiculous conclusion that Premier Ford didn’t know about the gifts (he knew the party had a ticket price, and he knew who attended the party, so he knew they paid the ticket price);
  2. The irrelevant ground that the property developers are friends of the Ford government (there is no exception for accepting gifts and benefits from friends if they are lobbyists or are seeking favourable decisions from your Cabinet), and;
  3. The irrelevant ground that no government business was discussed at the party (the lobbyists, developers and Ford could easily discuss government business after the party).

While it has been confirmed by the Toronto Star that property developers with a stake in developing the Greenbelt attended the wedding of Premier Ford’s daughter, including some who sat with Premier Ford at the wedding, it has not been confirmed whether they paid the ticket price and/or made a donation above the ticket price for the stag-and-doe party.

If any Greenbelt developers did pay or donate to attend the party, Commissioner Wake should not only find that Premier Ford violated the gift rules in the MIA, he should also find that Ford participating in the decision to open the Greenbelt to development violated the rules in the MIA that prohibit “improperly” furthering the interests of anyone or any entity (sections 2-4).

Commissioner Wake has a very weak enforcement record:

  1. He let off Premier Ford even though he participated in the decision to appoint his old friend Ron Taverner as OPP Commissioner, and as an executive at the Ontario Cannabis Store;
  2. He also let off members of Ford’s staff even though he had clear evidence they gave Taverner preferential treatment in violation of the rules;
  3. He let off Ford even though he appointed his campaign adviser and staffperson Jenni Byrne to the Ontario Energy Board, and appointed his family lawyer to chair the Public Accountants Council, and;
  4. He has let off dozens of lobbyists for clear violations of Ontario’s lobbying law (Democracy Watch is currently challenging those rulings on lobbyists in court).

“Ontario’s Integrity Commissioner should not have rolled over like a lapdog and approved, without even investigating, the gifts and money Premier Ford and his family received from lobbyists and developers who attended his family’s party,” said Duff Conacher, Co-founder of Democracy Watch. “Commissioner Wake should conduct a full investigation, and if he finds that property developers with Greenbelt connections provided any gifts or benefits to the Ford family, he should also find that Premier Ford violated the ethics law by participating in the decision to open up the Greenbelt to development.”

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Government Ethics Campaign, Money in Politics Campaign and Stop Secret, Unethical Lobbying Campaign

Big business and big union lobbyists mislead House Ethics Committee with false claims about proposed new Lobbyists’ Code

Commissioner’s proposed new Code would allow lobbyists to lobby politicians while secretly fundraising or campaigning for them

25+ groups with more than 1.5 million supporters oppose Lobbying Commissioner’s gutting of key ethical lobbying rules – House Ethics Committee should also reject proposed changes

FOR IMMEDIATE RELEASE:
Tuesday, February 21, 2023

OTTAWA – Today, Democracy Watch released Key Facts (en français) about federal Commissioner of Lobbying Nancy Bélanger’s proposed changes to the Lobbyists’ Code of Conduct to counter the false claims that big business and big union lobbyists have made before the House Ethics Committee about the changes at hearings last Tuesday and Friday.

These lobbyists have claimed that the proposed Lobbyists’ Code changes will mean anyone who does low-level campaigning or volunteering for a candidate or political party will be prohibited from lobbying for one year afterwards. In fact, only people who campaign for 30 hours or more a week, or who have frequent, in-depth interaction with the candidate or party officials, will be prohibited from lobbying for one year afterwards (Click here and see Key Facts #20-24; Cliquez ici pour voir Principaux faits #20-24).

In other words, under the proposed changes, no one who does low-level campaigning or volunteering would ever be prohibited from lobbying for one year afterwards. They would all be allowed to lobby right after their campaigning or volunteering.

The actual key, unethical dangers of the Commissioner’s proposed changes to the federal Lobbyists’ Code are that they will allow lobbyists:

  1. To secretly campaign for and fundraise unlimited amounts of money for politicians and parties while lobbying them (currently if a lobbyist campaigned or fundraised for a politician or party up to nearly full-time, they would be prohibited from lobbying them for 4 years);
  2. To secretly be a second-level, full-time campaign staff person or fundraiser for a politician and/or party and then only be prohibited from lobbying them for 1 year (i.e. before the next election – the current lobbying prohibition time period is 4 years);
  3. To secretly be a top-level, full-time campaign staff person or fundraiser for a politician and/or party and then only be prohibited from lobbying them for 2 years (i.e. also before the next election – the current lobbying prohibition time period is 4 years);

and not only can all of this campaigning and fundraising be done in secret by lobbyists, but also the Commissioner is proposing to give herself the power to secretly reduce a lobbyist’s 1-2 year lobbying prohibition down to an even shorter time period.

See Backgrounder for details. (Click here and see Key Facts #25-33; Cliquez ici pour voir Principaux faits #25-33).

“Everyone should be concerned when high-powered lobbyists who represent wealthy interests mislead MPs, especially when they make false claims in order to win changes that gut ethical lobbying rules in ways that will allow lobbyists to fundraise, campaign and do other favours for Cabinet ministers and other politicians they are lobbying,” said Duff Conacher, Co-founder of Democracy Watch.

The big business and big union lobbyists also made the false claim that they would not be able to make representations to MPs if Commissioner Bélanger’s proposed limits of $40 per MP for each gift or hospitality, and $80 annually, were made. In fact, in Ottawa and across Canada (except in some remote areas), catered receptions and meal events cost only $17-$40 per person on average, and coffee meetings only $10.

As well, MP salaries are in the top 5% in Canada, and they are given expense accounts to cover the cost of almost all their hospitality expenses, so they can simply pay themselves to go to receptions and other events held by lobbyists (Click here and see Key Facts #5-9; Cliquez ici pour voir Principaux faits #5-9).

More than 25 citizen groups with a total membership of 1.5 million Canadians call on the Committee to reject key changes to the federal Lobbyists’ Code of Conduct proposed by Commissioner of Lobbying Nancy Bélanger because the changes will gut ethical lobbying rules in ways that will allow secret, corrupt favour-trading between lobbyists and federal politicians. Click here to see the list of the 25+ groups and other details.

As well, Commissioner Bélanger misleadingly claimed on her website that she received only 206 letters from voters opposing her proposed Code changes – in fact, more than 20,000 voters signed on to Democracy Watch’s petition on Change.org or its letter-writing campaign and sent emails to the Commissioner calling on her to stop gutting the Code, and also calling on federal party leaders and the House Ethics Committee to reject the Commissioner’s proposed Code changes, and to make other key changes to stop all secret, unethical lobbying.

“Groups supported by more than one-and-a-half million Canadians oppose the Commissioner of Lobbying’s attempt to gut key lobbying ethics rules in ways that will allow for secret, corrupt favour-trading between lobbyists and Cabinet ministers and MPs, and the House Ethics Committee should join in loudly and clearly rejecting the Commissioner’s unethical proposals,” said Duff Conacher, Co-founder of Democracy Watch. “The Lobbying Commissioner is contradicting herself by proposing new rules to ban lobbyists from giving gifts and hospitality worth more than $80 a year, while gutting other rules to allow lobbyists to secretly campaign and raise unlimited amounts of money for politicians and parties while lobbying them.”

“The Commissioner of Lobbying’s proposed changes to the Lobbyists’ Code are perverse and deeply unethical and will allow lobbyists to give secret campaign and fundraising support to politicians they are lobbying, including support similar to the secret funding allegedly given by China-sponsored organizations to candidates in the 2019 federal election,” said Conacher.

The Commissioner has also made the very questionable claim that the current 4-year cooling-off period violates the Charter right to freedom of expression, based on one opinion that the Commissioner paid law firm Goldblatt Partners for in a sole-source contract that was extended twice, increasing from $11,300 to $45,200 and then up to $90,400. Given several Supreme Court of Canada and other court rulings have clearly stated that Charter rights must be restricted to protect government integrity, Democracy Watch is asking the Committee to force the Commissioner to make the Goldblatt opinion public.

Democracy Watch and the other citizen groups call on the House Ethics Committee to order the Commissioner to make the following reasonable changes to the Code that will prevent unethical lobbying while allowing for low-level political activity by lobbyists:

  1. Keep in the Code the current loophole-free Rule 6 that prohibits lobbying anytime there is an appearance of a conflict of interest;
  2. Increase the cooling-off period under proposed new Rule 6 from 5 years up to 10 years during which a lobbyist is prohibited from lobbying after significant fundraising or campaigning for a politician or party (instead of lowering it to 1-2 years);
  3. Create a new category of lower-level political activity (including doing any fundraising) with a 5-year cooling-off period prohibition on lobbying;
  4. Allow lobbying right away after political activity only if the lobbyist only canvasses or volunteers no more than a couple of times during a campaign, and;
  5. Don’t allow reductions of any of the cooling-off periods.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Stop Secret, Unethical Lobbying Campaign and Government Ethics Campaign

Commissioner’s proposed new Code would allow lobbyists to lobby politicians while secretly fundraising or campaigning for them

25+ groups with more than 1.5 million supporters oppose Lobbying Commissioner’s gutting of key ethical lobbying rules – House Ethics Committee should also reject proposed changes

FOR IMMEDIATE RELEASE:
Tuesday, February 21, 2023

OTTAWA – Today, Democracy Watch released Key Facts (en français) about federal Commissioner of Lobbying Nancy Bélanger’s proposed changes to the Lobbyists’ Code of Conduct to counter the false claims that big business and big union lobbyists have made before the House Ethics Committee about the changes at hearings last Tuesday and Friday.

These lobbyists have claimed that the proposed Lobbyists’ Code changes will mean anyone who does low-level campaigning or volunteering for a candidate or political party will be prohibited from lobbying for one year afterwards. In fact, only people who campaign for 30 hours or more a week, or who have frequent, in-depth interaction with the candidate or party officials, will be prohibited from lobbying for one year afterwards (Click here and see Key Facts #20-24; Cliquez ici pour voir Principaux faits #20-24).

In other words, under the proposed changes, no one who does low-level campaigning or volunteering would ever be prohibited from lobbying for one year afterwards. They would all be allowed to lobby right after their campaigning or volunteering.

The actual key, unethical dangers of the Commissioner’s proposed changes to the federal Lobbyists’ Code are that they will allow lobbyists:

  1. To secretly campaign for and fundraise unlimited amounts of money for politicians and parties while lobbying them (currently if a lobbyist campaigned or fundraised for a politician or party up to nearly full-time, they would be prohibited from lobbying them for 4 years);
  2. To secretly be a second-level, full-time campaign staff person or fundraiser for a politician and/or party and then only be prohibited from lobbying them for 1 year (i.e. before the next election – the current lobbying prohibition time period is 4 years);
  3. To secretly be a top-level, full-time campaign staff person or fundraiser for a politician and/or party and then only be prohibited from lobbying them for 2 years (i.e. also before the next election – the current lobbying prohibition time period is 4 years);

and not only can all of this campaigning and fundraising be done in secret by lobbyists, but also the Commissioner is proposing to give herself the power to secretly reduce a lobbyist’s 1-2 year lobbying prohibition down to an even shorter time period.

See Backgrounder for details. (Click here and see Key Facts #25-33; Cliquez ici pour voir Principaux faits #25-33).

“Everyone should be concerned when high-powered lobbyists who represent wealthy interests mislead MPs, especially when they make false claims in order to win changes that gut ethical lobbying rules in ways that will allow lobbyists to fundraise, campaign and do other favours for Cabinet ministers and other politicians they are lobbying,” said Duff Conacher, Co-founder of Democracy Watch.

The big business and big union lobbyists also made the false claim that they would not be able to make representations to MPs if Commissioner Bélanger’s proposed limits of $40 per MP for each gift or hospitality, and $80 annually, were made. In fact, in Ottawa and across Canada (except in some remote areas), catered receptions and meal events cost only $17-$40 per person on average, and coffee meetings only $10.

As well, MP salaries are in the top 5% in Canada, and they are given expense accounts to cover the cost of almost all their hospitality expenses, so they can simply pay themselves to go to receptions and other events held by lobbyists (Click here and see Key Facts #5-9; Cliquez ici pour voir Principaux faits #5-9).

More than 25 citizen groups with a total membership of 1.5 million Canadians call on the Committee to reject key changes to the federal Lobbyists’ Code of Conduct proposed by Commissioner of Lobbying Nancy Bélanger because the changes will gut ethical lobbying rules in ways that will allow secret, corrupt favour-trading between lobbyists and federal politicians. Click here to see the list of the 25+ groups and other details.

As well, Commissioner Bélanger misleadingly claimed on her website that she received only 206 letters from voters opposing her proposed Code changes – in fact, more than 20,000 voters signed on to Democracy Watch’s petition on Change.org or its letter-writing campaign and sent emails to the Commissioner calling on her to stop gutting the Code, and also calling on federal party leaders and the House Ethics Committee to reject the Commissioner’s proposed Code changes, and to make other key changes to stop all secret, unethical lobbying.

“Groups supported by more than one-and-a-half million Canadians oppose the Commissioner of Lobbying’s attempt to gut key lobbying ethics rules in ways that will allow for secret, corrupt favour-trading between lobbyists and Cabinet ministers and MPs, and the House Ethics Committee should join in loudly and clearly rejecting the Commissioner’s unethical proposals,” said Duff Conacher, Co-founder of Democracy Watch. “The Lobbying Commissioner is contradicting herself by proposing new rules to ban lobbyists from giving gifts and hospitality worth more than $80 a year, while gutting other rules to allow lobbyists to secretly campaign and raise unlimited amounts of money for politicians and parties while lobbying them.”

“The Commissioner of Lobbying’s proposed changes to the Lobbyists’ Code are perverse and deeply unethical and will allow lobbyists to give secret campaign and fundraising support to politicians they are lobbying, including support similar to the secret funding allegedly given by China-sponsored organizations to candidates in the 2019 federal election,” said Conacher.

The Commissioner has also made the very questionable claim that the current 4-year cooling-off period violates the Charter right to freedom of expression, based on one opinion that the Commissioner paid law firm Goldblatt Partners for in a sole-source contract that was extended twice, increasing from $11,300 to $45,200 and then up to $90,400. Given several Supreme Court of Canada and other court rulings have clearly stated that Charter rights must be restricted to protect government integrity, Democracy Watch is asking the Committee to force the Commissioner to make the Goldblatt opinion public.

Democracy Watch and the other citizen groups call on the House Ethics Committee to order the Commissioner to make the following reasonable changes to the Code that will prevent unethical lobbying while allowing for low-level political activity by lobbyists:

  1. Keep in the Code the current loophole-free Rule 6 that prohibits lobbying anytime there is an appearance of a conflict of interest;
  2. Increase the cooling-off period under proposed new Rule 6 from 5 years up to 10 years during which a lobbyist is prohibited from lobbying after significant fundraising or campaigning for a politician or party (instead of lowering it to 1-2 years);
  3. Create a new category of lower-level political activity (including doing any fundraising) with a 5-year cooling-off period prohibition on lobbying;
  4. Allow lobbying right away after political activity only if the lobbyist only canvasses or volunteers no more than a couple of times during a campaign, and;
  5. Don’t allow reductions of any of the cooling-off periods.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Stop Secret, Unethical Lobbying Campaign and Government Ethics Campaign

List of 26 citizen groups opposed to federal Commissioner of Lobbying’s proposal to gut key ethical lobbying rules

The following 21 citizen groups from across Canada with a collective membership of more than 1 million Canadians, and two prominent Canadians, all oppose federal Commissioner of Lobbying Nancy Bélanger’s proposal to gut key ethical lobbying rules in her proposed new Lobbyists’ Code of Conduct in ways that will allow for corrupt favour-trading between lobbyists and Cabinet ministers and other federal politicians.

The 19 groups and two prominent Canadians instead support reasonable proposals for changes to the Lobbyists’ Code that will prevent unethical lobbying while allowing for a reasonable amount of volunteering and canvassing (but no fundraising) for candidates and parties.

Click here to see a summary of the Commissioner’s proposal to gut the rules to allow for rampant unethical lobbying, and the groups’ reasonable counter-proposal for rules that will prevent unethical lobbying while allowing for low-level political activity by lobbyists.

Click here to see details about the Commissioner’s unethical proposal to gut key federal ethical lobbying rules.

Citizen Groups

B.C. Civil Liberties Association
Canadian Institute for Information and Privacy Studies
Centre for Free Expression
Canadian Association of Physicians for the Environment (CAPE)
Citizens’ Climate Lobby Canada
Citizens for Public Justice
Climate Action Network
Democracy Watch
Dogwood
Ecology Action Centre
Environmental Defence
Leadnow
MakeWay
Nature Canada
Neighbours United
OpenMedia
Prevent Cancer Now
Shift (Action for Pension Wealth and Planet Health)
Sierra Club B.C.
Stand.earth
Unlock Democracy Canada

Individuals

  • David Suzuki
  • Alan Broadbent

Other citizen groups also opposed to the Commissioner’s proposals

As well, another 5 organizations with a combined total membership of more than 500,000 Canadians essentially joined the groups and individuals above in calling for reasonable changes to the Lobbyists’ Code that protect government integrity and prevent unethical lobbying, while allowing for low-level canvassing and volunteering by lobbyists on campaigns.

The World Wildlife Fund (WWF) made a submission in June 2022 to Commissioner of Lobbying Bélanger about her proposed new Code rules on behalf of other organizations which can be seen on this page. As that page notes, the submission was withdrawn by the WWF in a letter sent to Commissioner Bélanger on July 25, 2022 because the groups realized that their “submission could be interpreted to support a relaxing of lobbying rules for actors who are lobbying to further degrade the climate and biodiversity of this planet. Commissioner Bélanger has refused to publish the letter withdrawing that submission, but you can click here to see it.

The groups involved in the withdrawn submission are as follows:

  • Canadian Environmental Law Association
  • Canadian Parks and Wilderness Association
  • Equiterre
  • Sierra Club Canada Foundation
  • World Wildlife Fund

The following 21 citizen groups from across Canada with a collective membership of more than 1 million Canadians, and two prominent Canadians, all oppose federal Commissioner of Lobbying Nancy Bélanger’s proposal to gut key ethical lobbying rules in her proposed new Lobbyists’ Code of Conduct in ways that will allow for corrupt favour-trading between lobbyists and Cabinet ministers and other federal politicians.

The 19 groups and two prominent Canadians instead support reasonable proposals for changes to the Lobbyists’ Code that will prevent unethical lobbying while allowing for a reasonable amount of volunteering and canvassing (but no fundraising) for candidates and parties.

Click here to see a summary of the Commissioner’s proposal to gut the rules to allow for rampant unethical lobbying, and the groups’ reasonable counter-proposal for rules that will prevent unethical lobbying while allowing for low-level political activity by lobbyists.

Click here to see details about the Commissioner’s unethical proposal to gut key federal ethical lobbying rules.

Citizen Groups

B.C. Civil Liberties Association
Canadian Institute for Information and Privacy Studies
Centre for Free Expression
Canadian Association of Physicians for the Environment (CAPE)
Citizens’ Climate Lobby Canada
Citizens for Public Justice
Climate Action Network
Democracy Watch
Dogwood
Ecology Action Centre
Environmental Defence
Leadnow
MakeWay
Nature Canada
Neighbours United
OpenMedia
Prevent Cancer Now
Shift (Action for Pension Wealth and Planet Health)
Sierra Club B.C.
Stand.earth
Unlock Democracy Canada

Individuals

  • David Suzuki
  • Alan Broadbent

Other citizen groups also opposed to the Commissioner’s proposals

As well, another 5 organizations with a combined total membership of more than 500,000 Canadians essentially joined the groups and individuals above in calling for reasonable changes to the Lobbyists’ Code that protect government integrity and prevent unethical lobbying, while allowing for low-level canvassing and volunteering by lobbyists on campaigns.

The World Wildlife Fund (WWF) made a submission in June 2022 to Commissioner of Lobbying Bélanger about her proposed new Code rules on behalf of other organizations which can be seen on this page. As that page notes, the submission was withdrawn by the WWF in a letter sent to Commissioner Bélanger on July 25, 2022 because the groups realized that their “submission could be interpreted to support a relaxing of lobbying rules for actors who are lobbying to further degrade the climate and biodiversity of this planet. Commissioner Bélanger has refused to publish the letter withdrawing that submission, but you can click here to see it.

The groups involved in the withdrawn submission are as follows:

  • Canadian Environmental Law Association
  • Canadian Parks and Wilderness Association
  • Equiterre
  • Sierra Club Canada Foundation
  • World Wildlife Fund

25+ groups with more than 1.5 million supporters oppose Lobbying Commissioner’s gutting of key ethical lobbying rules – House Ethics Committee should also reject proposed changes

Commissioner’s proposed new Code would allow lobbyists to secretly fundraise and campaign for politicians while lobbying them

New Code will also allow secret support similar to secret funding allegedly given by China-sponsored organizations to candidates in 2019 election

FOR IMMEDIATE RELEASE:
Tuesday, February 14, 2023

OTTAWA – This afternoon, Democracy Watch will testify on behalf of more than 25 citizen groups with a total membership of 1.5 million Canadians at a hearing of the House Ethics Committee, and will call on the Committee to reject key changes to the federal Lobbyists’ Code of Conduct proposed by Commissioner of Lobbying Nancy Bélanger because the changes will gut ethical lobbying rules in ways that will allow secret, corrupt favour-trading between lobbyists and federal politicians.

Commissioner Bélanger appeared before the Committee on February 3rd about her proposed new Lobbyists’ Code. DWatch sent the Committee members 10 key questions to ask the Commissioner in advance, and afterwards sent the Committee a response to misleading, very questionable statements the Commissioner made when testifying to the Committee (Click here to see the response in English; Cliquez ici pour voir la soumission en français).

As well, Commissioner Bélanger misleadingly claimed on her website that she received only 206 letters from voters opposing her proposed Code changes – in fact, more than 20,000 voters signed on to Democracy Watch’s petition on Change.org or its letter-writing campaign and sent emails to the Commissioner calling on her to stop gutting the Code, and also calling on federal party leaders and the House Ethics Committee to reject the Commissioner’s proposed Code changes, and to make other key changes to stop all secret, unethical lobbying.

Commissioner Bélanger is proposing to gut the federal Lobbyists’ Code and allow corrupt favour-trading by changing key ethics rules in ways that will allow lobbyists:

  1. To secretly campaign for and fundraise for politicians and parties up to nearly full-time while lobbying them (currently if a lobbyist campaigned or fundraised for a politician or party up to nearly full-time, they would be prohibited from lobbying them for 4 years);
  2. To secretly be a second-level, full-time campaign staff person for a politician and/or party and then only be prohibited from lobbying them for 1 year (the current lobbying prohibition time period is 4 years);
  3. To secretly be a top-level, full-time campaign staff person for a politician and/or party and then only be prohibited from lobbying them for 2 years (the current prohibition time period is 4 years);
  4. and not only can all of this campaigning and fundraising be done in secret, but also the Commissioner is proposing to give herself the power to secretly reduce a lobbyist’s 1-2 year lobbying prohibition down to an even shorter time period.

See Backgrounder for details.

In complete contrast, the Commissioner’s new Code proposes to limit lobbyists to giving (directly or indirectly) no more than $80 annually in gifts or hospitality to politicians, political staff or government officials they are lobbying.

If a lobbyist giving gifts or hospitality to a politician worth more than $80 annually is unethical, so is a lobbyist raising thousands of dollars, campaigning or doing other valuable favours for a politician or their political party.

The Commissioner has also made the very questionable claim that the current 4-year cooling-off period violates the Charter right to freedom of expression, based on one opinion that the Commissioner paid law firm Goldblatt Partners for in a sole-source contract that was extended twice, increasing from $11,300 to $45,200 and then up to $90,400. Given several Supreme Court of Canada and other court rulings have clearly stated that Charter rights must be restricted to protect government integrity, Democracy Watch is asking the Committee to force the Commissioner to make the Goldblatt opinion public.

The Commissioner posted her proposed new unethical Code on her website on a Friday afternoon in November without issuing a news release about it, and tried to shove it into force by January. Thankfully, the Ethics Committee stopped the Commissioner from doing that in early December.

“Groups supported by more than one-and-a-half million Canadians oppose the Commissioner of Lobbying’s attempt to gut key lobbying ethics rules in ways that will allow for secret, corrupt favour-trading between lobbyists and Cabinet ministers and MPs, and the House Ethics Committee should join in loudly and clearly rejecting the Commissioner’s unethical proposals,” said Duff Conacher, Co-founder of Democracy Watch. “The Lobbying Commissioner is contradicting herself by proposing new rules to ban lobbyists from giving gifts and hospitality worth more than $80 a year, while gutting other rules to allow lobbyists to secretly campaign and raise unlimited amounts of money for politicians and parties while lobbying them.”

“The Commissioner of Lobbying’s proposed changes to the Lobbyists’ Code are perverse and deeply unethical and will allow lobbyists to give secret campaign and fundraising support to politicians they are lobbying, including support similar to the secret funding allegedly given by China-sponsored organizations to candidates in the 2019 federal election,” said Conacher.

Democracy Watch and the other citizen groups call for the following reasonable Code changes that the House Ethics Committee should order the Commissioner to make, changes that will prevent unethical lobbying while allowing for low-level political activity by lobbyists:

  1. Keep in the Code the current loophole-free Rule 6 that prohibits lobbying anytime there is an appearance of a conflict of interest;
  2. Increase the cooling-off period under proposed new Rule 6 from 5 years up to 10 years during which a lobbyist is prohibited from lobbying after significant fundraising or campaigning for a politician or party (instead of lowering it to 1-2 years);
  3. Create a new category of lower-level political activity (including doing any fundraising) with a 5-year cooling-off period prohibition on lobbying;
  4. Allow lobbying right away after political activity only if the lobbyist only canvasses or volunteers no more than a couple of times during a campaign, and;
  5. Don’t allow reductions of any of the cooling-off periods.

In total, 25+ citizen groups with supporters totaling more than 1.5 million Canadians oppose the Commissioner’s proposed changes. Democracy Watch and 20 other citizen organizations, and also David Suzuki and Alan Broadbent, call jointly on the House Ethics Committee to stop Commissioner Bélanger from gutting the Lobbyists’ Code and instead to make reasonable changes that prevent unethical lobbying. Another 5 organizations essentially joined the call by withdrawing their support for the Commissioner’s proposed changes last July. Click here to see the list of the 25+ groups and other details.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Stop Secret, Unethical Lobbying Campaign and Government Ethics Campaign

Commissioner’s proposed new Code would allow lobbyists to secretly fundraise and campaign for politicians while lobbying them

New Code will also allow secret support similar to secret funding allegedly given by China-sponsored organizations to candidates in 2019 election

FOR IMMEDIATE RELEASE:
Tuesday, February 14, 2023

OTTAWA – This afternoon, Democracy Watch will testify on behalf of more than 25 citizen groups with a total membership of 1.5 million Canadians at a hearing of the House Ethics Committee, and will call on the Committee to reject key changes to the federal Lobbyists’ Code of Conduct proposed by Commissioner of Lobbying Nancy Bélanger because the changes will gut ethical lobbying rules in ways that will allow secret, corrupt favour-trading between lobbyists and federal politicians.

Commissioner Bélanger appeared before the Committee on February 3rd about her proposed new Lobbyists’ Code. DWatch sent the Committee members 10 key questions to ask the Commissioner in advance, and afterwards sent the Committee a response to misleading, very questionable statements the Commissioner made when testifying to the Committee (Click here to see the response in English; Cliquez ici pour voir la soumission en français).

As well, Commissioner Bélanger misleadingly claimed on her website that she received only 206 letters from voters opposing her proposed Code changes – in fact, more than 20,000 voters signed on to Democracy Watch’s petition on Change.org or its letter-writing campaign and sent emails to the Commissioner calling on her to stop gutting the Code, and also calling on federal party leaders and the House Ethics Committee to reject the Commissioner’s proposed Code changes, and to make other key changes to stop all secret, unethical lobbying.

Commissioner Bélanger is proposing to gut the federal Lobbyists’ Code and allow corrupt favour-trading by changing key ethics rules in ways that will allow lobbyists:

  1. To secretly campaign for and fundraise for politicians and parties up to nearly full-time while lobbying them (currently if a lobbyist campaigned or fundraised for a politician or party up to nearly full-time, they would be prohibited from lobbying them for 4 years);
  2. To secretly be a second-level, full-time campaign staff person for a politician and/or party and then only be prohibited from lobbying them for 1 year (the current lobbying prohibition time period is 4 years);
  3. To secretly be a top-level, full-time campaign staff person for a politician and/or party and then only be prohibited from lobbying them for 2 years (the current prohibition time period is 4 years);
  4. and not only can all of this campaigning and fundraising be done in secret, but also the Commissioner is proposing to give herself the power to secretly reduce a lobbyist’s 1-2 year lobbying prohibition down to an even shorter time period.

See Backgrounder for details.

In complete contrast, the Commissioner’s new Code proposes to limit lobbyists to giving (directly or indirectly) no more than $80 annually in gifts or hospitality to politicians, political staff or government officials they are lobbying.

If a lobbyist giving gifts or hospitality to a politician worth more than $80 annually is unethical, so is a lobbyist raising thousands of dollars, campaigning or doing other valuable favours for a politician or their political party.

The Commissioner has also made the very questionable claim that the current 4-year cooling-off period violates the Charter right to freedom of expression, based on one opinion that the Commissioner paid law firm Goldblatt Partners for in a sole-source contract that was extended twice, increasing from $11,300 to $45,200 and then up to $90,400. Given several Supreme Court of Canada and other court rulings have clearly stated that Charter rights must be restricted to protect government integrity, Democracy Watch is asking the Committee to force the Commissioner to make the Goldblatt opinion public.

The Commissioner posted her proposed new unethical Code on her website on a Friday afternoon in November without issuing a news release about it, and tried to shove it into force by January. Thankfully, the Ethics Committee stopped the Commissioner from doing that in early December.

“Groups supported by more than one-and-a-half million Canadians oppose the Commissioner of Lobbying’s attempt to gut key lobbying ethics rules in ways that will allow for secret, corrupt favour-trading between lobbyists and Cabinet ministers and MPs, and the House Ethics Committee should join in loudly and clearly rejecting the Commissioner’s unethical proposals,” said Duff Conacher, Co-founder of Democracy Watch. “The Lobbying Commissioner is contradicting herself by proposing new rules to ban lobbyists from giving gifts and hospitality worth more than $80 a year, while gutting other rules to allow lobbyists to secretly campaign and raise unlimited amounts of money for politicians and parties while lobbying them.”

“The Commissioner of Lobbying’s proposed changes to the Lobbyists’ Code are perverse and deeply unethical and will allow lobbyists to give secret campaign and fundraising support to politicians they are lobbying, including support similar to the secret funding allegedly given by China-sponsored organizations to candidates in the 2019 federal election,” said Conacher.

Democracy Watch and the other citizen groups call for the following reasonable Code changes that the House Ethics Committee should order the Commissioner to make, changes that will prevent unethical lobbying while allowing for low-level political activity by lobbyists:

  1. Keep in the Code the current loophole-free Rule 6 that prohibits lobbying anytime there is an appearance of a conflict of interest;
  2. Increase the cooling-off period under proposed new Rule 6 from 5 years up to 10 years during which a lobbyist is prohibited from lobbying after significant fundraising or campaigning for a politician or party (instead of lowering it to 1-2 years);
  3. Create a new category of lower-level political activity (including doing any fundraising) with a 5-year cooling-off period prohibition on lobbying;
  4. Allow lobbying right away after political activity only if the lobbyist only canvasses or volunteers no more than a couple of times during a campaign, and;
  5. Don’t allow reductions of any of the cooling-off periods.

In total, 25+ citizen groups with supporters totaling more than 1.5 million Canadians oppose the Commissioner’s proposed changes. Democracy Watch and 20 other citizen organizations, and also David Suzuki and Alan Broadbent, call jointly on the House Ethics Committee to stop Commissioner Bélanger from gutting the Lobbyists’ Code and instead to make reasonable changes that prevent unethical lobbying. Another 5 organizations essentially joined the call by withdrawing their support for the Commissioner’s proposed changes last July. Click here to see the list of the 25+ groups and other details.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Stop Secret, Unethical Lobbying Campaign and Government Ethics Campaign

Reasons why a long cooling-off period (4 years or more) prohibiting lobbying after significant political activity is entirely Charter compliant

(Democracy Watch: February 2023)


The three key principles of the Supreme Court of Canada’s (SCC) “egalitarian model” for all political processes, including elections and policy-making processes in between elections, that have been established in the 1997 Libman, 2004 Harper and other case rulings are:

  1. the rules must ensure that all political processes appear to the public to have integrity, and actually have integrity;
  2. the rules must ensure substantive equality of opportunity for substantively equal participation and influence in all political processes;
  3. adequate information must be provided to voters to ensure they can make informed choices in all political processes.

Objective 1, ensuring public confidence by ensuring the appearance of integrity standard is upheld, is clearly the fundamental objective, first because objective 1 is clearly connected to and supported by objective 2. If every voter has an equal opportunity for equal participation and influence in all political processes, then the public will have good reason to have confidence in the integrity of all processes, as no one voter will be given special access or be allowed to have undue influence based on being wealthy, fundraising or campaigning or doing other favours for, or giving gifts to, politicians or public officials they are lobbying.

Secondly, objective 1 is also clearly the fundamental objective based on other SCC jurisprudence, as the SCC ruled in 1996 in R. v. Hinchey – if strict rules are not strongly upheld to ensure not only the integrity of government, but also that the government appears in every way to have integrity, then Canada will not be a democracy.

The SCC also ruled in 1996 in Harvey that “the integrity of the electoral process” is “at the heart of a free and democratic society” (para. 19) and that “such an objective is always of pressing and substantial concern in any society that purports to operate in accordance with the tenets of a free and democratic society” (para. 38) and that “If democracies are to survive, they must insist upon the integrity of those who seek and hold public office” (para. 61). In Harvey, the SCC denied a politician’s Charter right to run for re-election as a member of the legislature because the politician had violated the provincial election law.

Also, as the Federal Court of Appeal ruled unanimously in 2009 in Democracy Watch v. Campbell, 2009 FCA 79 (CanLII), [2010] 2 FCR 139:

    “A lobbyist’s stock in trade is his or her ability to gain access to decision makers, so as to attempt to influence them directly by persuasion and facts. Where the lobbyist’s effectiveness depends upon the decision-maker’s personal sense of obligation to the lobbyist, or on some other private interest created or facilitated by the lobbyist, the line between legitimate lobbying and illegitimate lobbying has been crossed.” (para. 53)

In its 8-1 ruling in 2018 in R. v. Carson, 2018 SCC 12 (CanLII), [2018] 1 SCR 269 upholding the conviction for influence peddling of Bruce Carson, a former senior advisor to Prime Minister Harper, the SCC echoed the previous rulings, citing several past cases and stating that the Criminal Code prohibition on influence peddling aims to preserve both government integrity and the appearance of government integrity” and that:

    “As this Court’s jurisprudence on both judicial independence and the impartiality of the public service demonstrates, the appearance of integrity, impartiality, and independence are tied to actual integrity, impartiality, and independence…”

    “The behaviour criminalized by this section risks depriving citizens of a true democracy predicated on free and open access to government. Corruption and the sale of influence, whether real or apparent, with government may undermine the integrity and transparency that are crucial to democracy.” (paras. 38-39)

With these and other rulings, the SCC has made it clear that, in order to comply with the fundamental constitutional principle of democracy, rules must ensure the appearance of integrity (from the public’s perspective, not from the perspective of politicians, political staff, government officials or lobbyists), and the actual integrity, of all political processes.

Current Lobbyists’ Code Rules 6 and 9, and how the Commissioner has interpreted them, uphold this legal standard because Rule 6 prohibits a lobbyist from proposing or undertaking any action that would place a public office holder in an appearance of a conflict of interest, and Rule 9 specifically prohibits lobbyists from lobbying someone they have helped politically in any significant way for 4 years.

Yes, this 4-year cooling-off period violates Charter section 2(b) freedom of expression and 2(d) freedom of association rights. However, this restriction only applies to people who have done significant campaigning or any fundraising — favours that, if they lobby the politician or party they helped, clearly create the appearance that the politician owes them, which is an appearance of a conflict of interest.

The 4-year cooling-off period does not apply to anyone who does a bit of volunteering for a candidate, or makes a donation that is legal under the Canada Elections Act, or attends a fundraising event, or puts a sign on their lawn. The cooling-off period leaves everyone free to express themselves through issuing a news release, holding a public debate event, writing an op-ed or letter-to-the-editor, publishing a book, or doing any other things to express their views on any political issue.

And the cooling-off period only applies to people who are required to be registered under the federal Lobbying Act because they are paid to lobby either through direct communications with office holders or grass-roots appeals to members of the public to communicate with office holders (NOTE: there are huge loopholes in the Act that allow for lobbying without registering).

In other words, under the current Lobbyists’ Code rules and cooling-off period, the employees of any business, union or organization, as long as they are not involved in the lobbying activities of the business, union or organization, can volunteer on campaigns and fundraise for politicians and parties (as long as they are not directed by the executives of the business, union or organization to do these things).

In other words, based on the number of registered lobbyists at any one time at the federal level in Canada, the 4-year cooling-off period only applies to about 1,000 to 2,000 people who would want to campaign or fundraise for a politician or party either to be politically active, or as a means of buying influence when they lobby them.

Given the above SCC rulings – given the SCC has clearly ruled that ensuring the public’s confidence in government by ensuring the appearance of integrity in all political processes, and ensuring substantive equality of opportunity for substantive equality of participation and influence, are the key standards that must be upheld, above all other Charter rights, it is very unlikely that the SCC would, under section 1 of the Charter, conclude that it is an unreasonable limit to have a 4-year cooling-off period to prevent a couple of thousand paid lobbyists from lobbying politicians they helped by raising thousands of dollars for them or helping them win the last election.

It is highly unlikely that the SCC would find the current 4-year cooling-off period unreasonable just to allow 1,000-2,000 lobbyists to corrupt federal government policy-making processes by buying influence through campaigning, fundraising and doing other favours for politicians and parties.

It is very likely that the SCC would view a 4-year cooling-off period as:

  1. essential to ensuring the appearance of government integrity;
  2. essential to ensuring the public’s confidence in the integrity of government;
  3. essential to ensuring that the 27.5 million voters who are not paid lobbyists have an equal opportunity to equal participation and influence in government policy-making processes, and;
  4. essential to protecting Canada’s democracy.

The SCC’s section 1 analysis would very likely conclude that a 4-year cooling-off period is the minimum length of time required to prohibit lobbying after doing political favours, and that actually a longer time period is justifiable, for the following reasons:

  1. The legislative goal is pressing and substantial because appearance of government integrity must be ensured, as must the public’s confidence in that integrity, as must equality of opportunity for equality of participation and influence in policy-making processes, or we will not have democracy;
  2. The 4-year cooling-off period is rationally connected to the goal because if someone does a favour for a politician then the politician has an appearance of a conflict of interest, so the person must be prohibited from lobbying them for a significant period of time (until the apparent conflict of interest is gone);
  3. There is no other practical way to restrict the right, and the restriction is a practical minimum. If you allowed the lobbyist to lobby, but required the politician to recuse themselves from the policy-making process, then politicians who are elected to make policies would be prevented from doing their jobs. Better to prevent the lobbyist from cashing in and profiting from doing political favours. Four years is likely too-short a period, not too long, because a politician would owe anyone who helped them in any significant way to win an election, including by raising money for them, for the rest of their career. Four years is a reasonable period because it prohibits the lobbying until after the next election when the politician will owe a new group of people for helping them get re-elected.
  4. The salutary effects are much greater than the deleterious effects. The salutary effects of the cooling-off period are that corruption of policy-making processes is prevented, the appearance of integrity standard is upheld, the rule gives the public more confidence in the integrity of government, and gives 27.5 million voters more equality in terms of influence over policy-making processes. The deleterious effect is that 1,000-2,000 lobbyists can’t cash in on doing favours for politicians and can’t corrupt policy-making processes through the unethical buying of influence over politicians, and;
  5. The context is rampant distrust of government integrity — with several surveys over the past several years showing only 10-20 percent of Canadians trust politicians, and that a large majority think politicians protect wealthy elites and don’t really care about the concerns of most voters.

(Democracy Watch: February 2023)


The three key principles of the Supreme Court of Canada’s (SCC) “egalitarian model” for all political processes, including elections and policy-making processes in between elections, that have been established in the 1997 Libman, 2004 Harper and other case rulings are:

  1. the rules must ensure that all political processes appear to the public to have integrity, and actually have integrity;
  2. the rules must ensure substantive equality of opportunity for substantively equal participation and influence in all political processes;
  3. adequate information must be provided to voters to ensure they can make informed choices in all political processes.

Objective 1, ensuring public confidence by ensuring the appearance of integrity standard is upheld, is clearly the fundamental objective, first because objective 1 is clearly connected to and supported by objective 2. If every voter has an equal opportunity for equal participation and influence in all political processes, then the public will have good reason to have confidence in the integrity of all processes, as no one voter will be given special access or be allowed to have undue influence based on being wealthy, fundraising or campaigning or doing other favours for, or giving gifts to, politicians or public officials they are lobbying.

Secondly, objective 1 is also clearly the fundamental objective based on other SCC jurisprudence, as the SCC ruled in 1996 in R. v. Hinchey – if strict rules are not strongly upheld to ensure not only the integrity of government, but also that the government appears in every way to have integrity, then Canada will not be a democracy.

The SCC also ruled in 1996 in Harvey that “the integrity of the electoral process” is “at the heart of a free and democratic society” (para. 19) and that “such an objective is always of pressing and substantial concern in any society that purports to operate in accordance with the tenets of a free and democratic society” (para. 38) and that “If democracies are to survive, they must insist upon the integrity of those who seek and hold public office” (para. 61). In Harvey, the SCC denied a politician’s Charter right to run for re-election as a member of the legislature because the politician had violated the provincial election law.

Also, as the Federal Court of Appeal ruled unanimously in 2009 in Democracy Watch v. Campbell, 2009 FCA 79 (CanLII), [2010] 2 FCR 139:

    “A lobbyist’s stock in trade is his or her ability to gain access to decision makers, so as to attempt to influence them directly by persuasion and facts. Where the lobbyist’s effectiveness depends upon the decision-maker’s personal sense of obligation to the lobbyist, or on some other private interest created or facilitated by the lobbyist, the line between legitimate lobbying and illegitimate lobbying has been crossed.” (para. 53)

In its 8-1 ruling in 2018 in R. v. Carson, 2018 SCC 12 (CanLII), [2018] 1 SCR 269 upholding the conviction for influence peddling of Bruce Carson, a former senior advisor to Prime Minister Harper, the SCC echoed the previous rulings, citing several past cases and stating that the Criminal Code prohibition on influence peddling aims to preserve both government integrity and the appearance of government integrity” and that:

    “As this Court’s jurisprudence on both judicial independence and the impartiality of the public service demonstrates, the appearance of integrity, impartiality, and independence are tied to actual integrity, impartiality, and independence…”

    “The behaviour criminalized by this section risks depriving citizens of a true democracy predicated on free and open access to government. Corruption and the sale of influence, whether real or apparent, with government may undermine the integrity and transparency that are crucial to democracy.” (paras. 38-39)

With these and other rulings, the SCC has made it clear that, in order to comply with the fundamental constitutional principle of democracy, rules must ensure the appearance of integrity (from the public’s perspective, not from the perspective of politicians, political staff, government officials or lobbyists), and the actual integrity, of all political processes.

Current Lobbyists’ Code Rules 6 and 9, and how the Commissioner has interpreted them, uphold this legal standard because Rule 6 prohibits a lobbyist from proposing or undertaking any action that would place a public office holder in an appearance of a conflict of interest, and Rule 9 specifically prohibits lobbyists from lobbying someone they have helped politically in any significant way for 4 years.

Yes, this 4-year cooling-off period violates Charter section 2(b) freedom of expression and 2(d) freedom of association rights. However, this restriction only applies to people who have done significant campaigning or any fundraising — favours that, if they lobby the politician or party they helped, clearly create the appearance that the politician owes them, which is an appearance of a conflict of interest.

The 4-year cooling-off period does not apply to anyone who does a bit of volunteering for a candidate, or makes a donation that is legal under the Canada Elections Act, or attends a fundraising event, or puts a sign on their lawn. The cooling-off period leaves everyone free to express themselves through issuing a news release, holding a public debate event, writing an op-ed or letter-to-the-editor, publishing a book, or doing any other things to express their views on any political issue.

And the cooling-off period only applies to people who are required to be registered under the federal Lobbying Act because they are paid to lobby either through direct communications with office holders or grass-roots appeals to members of the public to communicate with office holders (NOTE: there are huge loopholes in the Act that allow for lobbying without registering).

In other words, under the current Lobbyists’ Code rules and cooling-off period, the employees of any business, union or organization, as long as they are not involved in the lobbying activities of the business, union or organization, can volunteer on campaigns and fundraise for politicians and parties (as long as they are not directed by the executives of the business, union or organization to do these things).

In other words, based on the number of registered lobbyists at any one time at the federal level in Canada, the 4-year cooling-off period only applies to about 1,000 to 2,000 people who would want to campaign or fundraise for a politician or party either to be politically active, or as a means of buying influence when they lobby them.

Given the above SCC rulings – given the SCC has clearly ruled that ensuring the public’s confidence in government by ensuring the appearance of integrity in all political processes, and ensuring substantive equality of opportunity for substantive equality of participation and influence, are the key standards that must be upheld, above all other Charter rights, it is very unlikely that the SCC would, under section 1 of the Charter, conclude that it is an unreasonable limit to have a 4-year cooling-off period to prevent a couple of thousand paid lobbyists from lobbying politicians they helped by raising thousands of dollars for them or helping them win the last election.

It is highly unlikely that the SCC would find the current 4-year cooling-off period unreasonable just to allow 1,000-2,000 lobbyists to corrupt federal government policy-making processes by buying influence through campaigning, fundraising and doing other favours for politicians and parties.

It is very likely that the SCC would view a 4-year cooling-off period as:

  1. essential to ensuring the appearance of government integrity;
  2. essential to ensuring the public’s confidence in the integrity of government;
  3. essential to ensuring that the 27.5 million voters who are not paid lobbyists have an equal opportunity to equal participation and influence in government policy-making processes, and;
  4. essential to protecting Canada’s democracy.

The SCC’s section 1 analysis would very likely conclude that a 4-year cooling-off period is the minimum length of time required to prohibit lobbying after doing political favours, and that actually a longer time period is justifiable, for the following reasons:

  1. The legislative goal is pressing and substantial because appearance of government integrity must be ensured, as must the public’s confidence in that integrity, as must equality of opportunity for equality of participation and influence in policy-making processes, or we will not have democracy;
  2. The 4-year cooling-off period is rationally connected to the goal because if someone does a favour for a politician then the politician has an appearance of a conflict of interest, so the person must be prohibited from lobbying them for a significant period of time (until the apparent conflict of interest is gone);
  3. There is no other practical way to restrict the right, and the restriction is a practical minimum. If you allowed the lobbyist to lobby, but required the politician to recuse themselves from the policy-making process, then politicians who are elected to make policies would be prevented from doing their jobs. Better to prevent the lobbyist from cashing in and profiting from doing political favours. Four years is likely too-short a period, not too long, because a politician would owe anyone who helped them in any significant way to win an election, including by raising money for them, for the rest of their career. Four years is a reasonable period because it prohibits the lobbying until after the next election when the politician will owe a new group of people for helping them get re-elected.
  4. The salutary effects are much greater than the deleterious effects. The salutary effects of the cooling-off period are that corruption of policy-making processes is prevented, the appearance of integrity standard is upheld, the rule gives the public more confidence in the integrity of government, and gives 27.5 million voters more equality in terms of influence over policy-making processes. The deleterious effect is that 1,000-2,000 lobbyists can’t cash in on doing favours for politicians and can’t corrupt policy-making processes through the unethical buying of influence over politicians, and;
  5. The context is rampant distrust of government integrity — with several surveys over the past several years showing only 10-20 percent of Canadians trust politicians, and that a large majority think politicians protect wealthy elites and don’t really care about the concerns of most voters.

Democracy Watch in court Monday afternoon appealing ruling that stopped case challenging Trudeau’s 2021 snap election call

Federal Court judge ignored fact that Parliament voted 327-1 not to have election, that opposition leaders all supported Parliament continuing to operate, and that U.K. Supreme Court ruled unanimously in 2019 that PM can’t shut down Parliament for political reasons

New Brunswick Court of Appeal recently ruled NB fixed election law means Premier can’t call snap election for political reasons like Trudeau did

FOR IMMEDIATE RELEASE:
Monday, February 13, 2023

OTTAWA – This afternoon, the appeal of the case (PDF of application) that Democracy Watch and Integrity B.C. founder Wayne Crookes filed challenging Prime Minister Trudeau’s request in August 2021 that the Governor General call a snap federal election 2021 snap election call will be heard by the Federal Court of Appeal (FCA) in Ottawa, and online via Zoom.

The case will be heard at Federal Court Building, 90 Sparks St., 4th floor in Ottawa from 2 pm to 4 pm. Anyone can also register to watch the hearing online by contacting the FCA at email: [email protected] and asking to be sent the Zoom invitation for the hearing of Democracy Watch and Wayne Crookes v. Prime Minister, FCA File No. A-54-22.

The case is aimed at winning a ruling that the Prime Minister violated the fixed election date measure in Canada’s election law, and that the PM is only allowed to ask the Governor General to call an election every four years on the fixed election date, with the only exception being if a vote of non-confidence in the government occurs before that date. Nicolas Rouleau and Daniel Santoro are the lawyers for the case.

Democracy Watch filed a similar case against then-Prime Minister Harper’s snap election call in September 2008. The Federal Court and Federal Court of Appeal both ruled that a constitutional convention had not been created when Parliament added section 56.1 to the Canada Elections Act in 2007, and that the measure was not specific enough to prohibit the Prime Minister from calling an early election.

The Federal Court judge who granted the Trudeau government’s motion to stop the case ruled that the case is the same as the 2008 case, ignoring the fact that the case is very different because the situation when Trudeau called a snap election in August 2021 was very different from Harper’s snap election call in September 2008 in several key ways (click here to see DWatch’s legal arguments):

  1. On May 25, 2021, MPs (including Trudeau) voted 327-1 against holding an election, and all opposition party leaders clearly and publicly expressed their opposition in July-August to holding an election;
  2. As opposition parties made clear with public letters and statements before Trudeau’s election call, a majority of MPs voted in favour of everything the Trudeau Liberals have proposed since the last election, including the 2021 Liberal budget, or were in the process of reviewing proposed measures on the usual legislative timeline. Opposition parties clearly supported the Liberals continuing to govern, and the Trudeau government had the confidence of Parliament, when Trudeau called the election.
  3. (Click here to see Backgrounder for details).

In addition, the British Supreme Court ruled unanimously in 2019 that PM Boris Johnson’s decision to advise the Queen to shut down Parliament was unlawful as it “ha[d] the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive” (para. 50 of the ruling). The same principle applies to Trudeau’s snap election call, which shut down Parliament for no good reason.

As well, the fixed election date rule in Canada’s election law, and the Prime Minister following the law for the past three elections, have created a constitutional convention rule that the PM is required to follow. In 2011, the Conservative government led by PM Harper called an election only after losing a vote of confidence in Parliament. In 2015, PM Harper called an election on the fixed date, as did PM Trudeau in 2019.

The newest development that makes the case different from the 2008 case is that the New Brunswick Court of Appeal recently ruled unanimously in Democracy Watch’s case challenging Conservative Premier Blaine Higgs’ August 2020 snap election call that New Brunswick’s fixed election date law, which is essentially the same as the federal law, prohibits the Premier from calling a snap election for purely political reasons, which is what PM Trudeau did in August 2021.

“Prime Minister Trudeau’s snap election call was illegal because Canada’s election law fixes election dates for every four years unless there is a vote of non-confidence in the government, which did not happen before his election call in August, and because MPs from all parties, including Prime Minister Trudeau, voted against holding an election, all opposition party leaders were against it, and the Liberal government had the clear confidence of Parliament in every way except for calling an election,” said Duff Conacher, Co-founder of Democracy Watch.

In the same way the British Supreme Court rejected the British PM’s shutting down of Parliament as an illegal abuse of power that went against the will of Parliament, the courts should rule that Trudeau’s snap election was illegal because it violated the fixed election date law and convention, and the democratic will and constitutionally protected role of Parliament,” said Conacher.

“Two of the most important things Canadians want from their politicians is to obey the law and to tell the truth – Mr. Trudeau did neither,” said Wayne Crookes, founder of Integrity B.C. “To call an election during the Covid-19 health emergency at an unneeded expense of about $600 million reflects very poorly on Mr. Trudeau and the Liberal Party. He put self-interest before his duty to Canadians.”

As well, a survey at the end of July 2021 showed only 26% of Canadians wanted an election, and in mid-July 2021 the PM also denied that he was going to call an election, and a survey at the end of August 2021 showed that 75% of Canadians didn’t see the election as necessary.

More than 20,000 voters signed Democracy Watch’s petition on Change.org calling on Governor General Mary Simon to say no to any snap election call by Prime Minister Trudeau before the next fixed election date. Snap elections are unfair to voters, people who want to run as candidates, and most parties. That’s why Parliament decided to fix the federal election date in Canada’s election law.

Because they are illegal, dishonest and unfair, Democracy Watch and Wayne Crookes also went to court to challenge the snap election call in September 2020 by the B.C. NDP Premier John Horgan which also violated B.C.’s fixed election date law. Democracy Watch is currently appealing a B.C. lower court ruling that rejected the case for similar reasons as the federal courts used in the 2008 case.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Democratic Voting System Campaign and Stop PM/Premier Abuses Campaign

Federal Court judge ignored fact that Parliament voted 327-1 not to have election, that opposition leaders all supported Parliament continuing to operate, and that U.K. Supreme Court ruled unanimously in 2019 that PM can’t shut down Parliament for political reasons

New Brunswick Court of Appeal recently ruled NB fixed election law means Premier can’t call snap election for political reasons like Trudeau did

FOR IMMEDIATE RELEASE:
Monday, February 13, 2023

OTTAWA – This afternoon, the appeal of the case (PDF of application) that Democracy Watch and Integrity B.C. founder Wayne Crookes filed challenging Prime Minister Trudeau’s request in August 2021 that the Governor General call a snap federal election 2021 snap election call will be heard by the Federal Court of Appeal (FCA) in Ottawa, and online via Zoom.

The case will be heard at Federal Court Building, 90 Sparks St., 4th floor in Ottawa from 2 pm to 4 pm. Anyone can also register to watch the hearing online by contacting the FCA at email: [email protected] and asking to be sent the Zoom invitation for the hearing of Democracy Watch and Wayne Crookes v. Prime Minister, FCA File No. A-54-22.

The case is aimed at winning a ruling that the Prime Minister violated the fixed election date measure in Canada’s election law, and that the PM is only allowed to ask the Governor General to call an election every four years on the fixed election date, with the only exception being if a vote of non-confidence in the government occurs before that date. Nicolas Rouleau and Daniel Santoro are the lawyers for the case.

Democracy Watch filed a similar case against then-Prime Minister Harper’s snap election call in September 2008. The Federal Court and Federal Court of Appeal both ruled that a constitutional convention had not been created when Parliament added section 56.1 to the Canada Elections Act in 2007, and that the measure was not specific enough to prohibit the Prime Minister from calling an early election.

The Federal Court judge who granted the Trudeau government’s motion to stop the case ruled that the case is the same as the 2008 case, ignoring the fact that the case is very different because the situation when Trudeau called a snap election in August 2021 was very different from Harper’s snap election call in September 2008 in several key ways (click here to see DWatch’s legal arguments):

  1. On May 25, 2021, MPs (including Trudeau) voted 327-1 against holding an election, and all opposition party leaders clearly and publicly expressed their opposition in July-August to holding an election;
  2. As opposition parties made clear with public letters and statements before Trudeau’s election call, a majority of MPs voted in favour of everything the Trudeau Liberals have proposed since the last election, including the 2021 Liberal budget, or were in the process of reviewing proposed measures on the usual legislative timeline. Opposition parties clearly supported the Liberals continuing to govern, and the Trudeau government had the confidence of Parliament, when Trudeau called the election.
  3. (Click here to see Backgrounder for details).

In addition, the British Supreme Court ruled unanimously in 2019 that PM Boris Johnson’s decision to advise the Queen to shut down Parliament was unlawful as it “ha[d] the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature and as the body responsible for the supervision of the executive” (para. 50 of the ruling). The same principle applies to Trudeau’s snap election call, which shut down Parliament for no good reason.

As well, the fixed election date rule in Canada’s election law, and the Prime Minister following the law for the past three elections, have created a constitutional convention rule that the PM is required to follow. In 2011, the Conservative government led by PM Harper called an election only after losing a vote of confidence in Parliament. In 2015, PM Harper called an election on the fixed date, as did PM Trudeau in 2019.

The newest development that makes the case different from the 2008 case is that the New Brunswick Court of Appeal recently ruled unanimously in Democracy Watch’s case challenging Conservative Premier Blaine Higgs’ August 2020 snap election call that New Brunswick’s fixed election date law, which is essentially the same as the federal law, prohibits the Premier from calling a snap election for purely political reasons, which is what PM Trudeau did in August 2021.

“Prime Minister Trudeau’s snap election call was illegal because Canada’s election law fixes election dates for every four years unless there is a vote of non-confidence in the government, which did not happen before his election call in August, and because MPs from all parties, including Prime Minister Trudeau, voted against holding an election, all opposition party leaders were against it, and the Liberal government had the clear confidence of Parliament in every way except for calling an election,” said Duff Conacher, Co-founder of Democracy Watch.

In the same way the British Supreme Court rejected the British PM’s shutting down of Parliament as an illegal abuse of power that went against the will of Parliament, the courts should rule that Trudeau’s snap election was illegal because it violated the fixed election date law and convention, and the democratic will and constitutionally protected role of Parliament,” said Conacher.

“Two of the most important things Canadians want from their politicians is to obey the law and to tell the truth – Mr. Trudeau did neither,” said Wayne Crookes, founder of Integrity B.C. “To call an election during the Covid-19 health emergency at an unneeded expense of about $600 million reflects very poorly on Mr. Trudeau and the Liberal Party. He put self-interest before his duty to Canadians.”

As well, a survey at the end of July 2021 showed only 26% of Canadians wanted an election, and in mid-July 2021 the PM also denied that he was going to call an election, and a survey at the end of August 2021 showed that 75% of Canadians didn’t see the election as necessary.

More than 20,000 voters signed Democracy Watch’s petition on Change.org calling on Governor General Mary Simon to say no to any snap election call by Prime Minister Trudeau before the next fixed election date. Snap elections are unfair to voters, people who want to run as candidates, and most parties. That’s why Parliament decided to fix the federal election date in Canada’s election law.

Because they are illegal, dishonest and unfair, Democracy Watch and Wayne Crookes also went to court to challenge the snap election call in September 2020 by the B.C. NDP Premier John Horgan which also violated B.C.’s fixed election date law. Democracy Watch is currently appealing a B.C. lower court ruling that rejected the case for similar reasons as the federal courts used in the 2008 case.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Democratic Voting System Campaign and Stop PM/Premier Abuses Campaign

Whether Rogers-Shaw deal is approved, consumer-run telecom watchdog group must be created using method that has worked in U.S.

Strengthening rules, enforcement and competition won’t stop gouging and abuse by telecom companies – empowering consumers with their own watchdog group will

Government would pass law to establish group and require telecom companies to send notices to customers inviting them to join group – likely 1 million would join

FOR IMMEDIATE RELEASE:
Wednesday, February 8, 2023

OTTAWA – Today, Democracy Watch called on the federal government, whether or not the Rogers-Shaw deal is approved, to create a broad-based, well-resourced, consumer-run Telecom Consumer Organization (TCO) using an innovative, low-cost, effective method that has worked in the U.S.

During CRTC hearings in October 2018 about hundreds of stories about abusive sales practices and gouging by Canada’s large telecom companies, Democracy Watch and more than 30 citizen and consumer groups called for the creation of the TCO. The CRTC recommended the creation of the TCO in its February 2019 report (p. 37).

The TCO could easily be created by the federal government at no cost, and no cost to telecom companies. Creating the TCO is the most low-cost, effective way to protect consumers and ensure companies serve everyone fairly and well at fair prices.

“Whether the Rogers-Shaw deal is approved, or competition increased, to really stop ongoing gouging and abuse by Canada’s big telecom companies the federal government must create a national, consumer-run telecom watchdog group that will empower and provide free help to consumers with shopping around, complaining and suing to get good, fairly priced service from the companies,” said Duff Conacher, Co-founder of Democracy Watch and the Corporate Responsibility Coalition, which has 31 member groups from across Canada that all endorse the call for the creation of a TCO. “States in the U.S. have successfully used a low-cost, effective method to create consumer-run industry watchdog groups, and the federal government should use this method to create a telecom watchdog group for Canadians.”

“If the Trudeau Liberals don’t require telecom companies to send out email and other notices inviting their customers to join a national, consumer-run telecom industry watchdog group, they will make it clear they don’t really care about protecting consumers from gouging and abuse,” said Conacher. “Telecom consumers pay all the costs for telecom companies’ ads, lawyers, lobbyists and other advocacy efforts, and requiring the companies to help create a consumer-run telecom watchdog group is most low-cost, effective thing to do to empower and educate consumers, give them a place to call that will give them free, effective help when they are gouged or abused, and ensure telecom companies serve everyone fairly and well at fair prices.”

In October 2018, in addition to the more than 30 citizen groups in the Corporate Responsibility Coalition (see its submission to the CRTC here), the four groups in the ad hoc Fair Communications Sales Coalition (FCSC) also called for the creation of the TCO. The FCSC was made up of the Public Interest Advocacy Centre (PIAC), ACORN Canada, the National Pensioners Federation, and the Canadian Association of Retired Persons (CARP). To see the FCSC’s submission calling for the creation of the TCO, click here and download the second Intervention document.

How can the TCO be created and what will it do?

The Telecom Consumer Organization (TCO) can be created by the federal government passing a law establishing the organization (at no cost, with an interim board appointed by the government) and requiring telecom companies to send out notices by email and mail to their customers. Sending out the emails would not cost anything, and the TCO would pay for the printing costs for the pamphlet the telecom companies would mail 1-2 times each year to customers who still receive bills and notices by mail.

The notices about the TCO would describe the group and invite customers to join, with a nominal annual membership fee of $30 average. Such groups have been created in some U.S. states to watch over state utilities, with usually about 5% of consumers joining, which would create a group with 1 million members and a $30 million annual budget. To see more details about the TCO, click here.

The TCO would be consumer-directed, with a board elected from among its members.

The TCO would provide telecom customers across Canada with free help shopping around, filing complaints, free lawyers for lawsuits to stop gouging and abuse, and would represent telecom customers in all government policy-making and regulatory processes.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Questions and Answers about the Telecom Consumer Organization (TCO) and Democracy Watch’s Citizen Association Campaign

Strengthening rules, enforcement and competition won’t stop gouging and abuse by telecom companies – empowering consumers with their own watchdog group will

Government would pass law to establish group and require telecom companies to send notices to customers inviting them to join group – likely 1 million would join

FOR IMMEDIATE RELEASE:
Wednesday, February 8, 2023

OTTAWA – Today, Democracy Watch called on the federal government, whether or not the Rogers-Shaw deal is approved, to create a broad-based, well-resourced, consumer-run Telecom Consumer Organization (TCO) using an innovative, low-cost, effective method that has worked in the U.S.

During CRTC hearings in October 2018 about hundreds of stories about abusive sales practices and gouging by Canada’s large telecom companies, Democracy Watch and more than 30 citizen and consumer groups called for the creation of the TCO. The CRTC recommended the creation of the TCO in its February 2019 report (p. 37).

The TCO could easily be created by the federal government at no cost, and no cost to telecom companies. Creating the TCO is the most low-cost, effective way to protect consumers and ensure companies serve everyone fairly and well at fair prices.

“Whether the Rogers-Shaw deal is approved, or competition increased, to really stop ongoing gouging and abuse by Canada’s big telecom companies the federal government must create a national, consumer-run telecom watchdog group that will empower and provide free help to consumers with shopping around, complaining and suing to get good, fairly priced service from the companies,” said Duff Conacher, Co-founder of Democracy Watch and the Corporate Responsibility Coalition, which has 31 member groups from across Canada that all endorse the call for the creation of a TCO. “States in the U.S. have successfully used a low-cost, effective method to create consumer-run industry watchdog groups, and the federal government should use this method to create a telecom watchdog group for Canadians.”

“If the Trudeau Liberals don’t require telecom companies to send out email and other notices inviting their customers to join a national, consumer-run telecom industry watchdog group, they will make it clear they don’t really care about protecting consumers from gouging and abuse,” said Conacher. “Telecom consumers pay all the costs for telecom companies’ ads, lawyers, lobbyists and other advocacy efforts, and requiring the companies to help create a consumer-run telecom watchdog group is most low-cost, effective thing to do to empower and educate consumers, give them a place to call that will give them free, effective help when they are gouged or abused, and ensure telecom companies serve everyone fairly and well at fair prices.”

In October 2018, in addition to the more than 30 citizen groups in the Corporate Responsibility Coalition (see its submission to the CRTC here), the four groups in the ad hoc Fair Communications Sales Coalition (FCSC) also called for the creation of the TCO. The FCSC was made up of the Public Interest Advocacy Centre (PIAC), ACORN Canada, the National Pensioners Federation, and the Canadian Association of Retired Persons (CARP). To see the FCSC’s submission calling for the creation of the TCO, click here and download the second Intervention document.

How can the TCO be created and what will it do?

The Telecom Consumer Organization (TCO) can be created by the federal government passing a law establishing the organization (at no cost, with an interim board appointed by the government) and requiring telecom companies to send out notices by email and mail to their customers. Sending out the emails would not cost anything, and the TCO would pay for the printing costs for the pamphlet the telecom companies would mail 1-2 times each year to customers who still receive bills and notices by mail.

The notices about the TCO would describe the group and invite customers to join, with a nominal annual membership fee of $30 average. Such groups have been created in some U.S. states to watch over state utilities, with usually about 5% of consumers joining, which would create a group with 1 million members and a $30 million annual budget. To see more details about the TCO, click here.

The TCO would be consumer-directed, with a board elected from among its members.

The TCO would provide telecom customers across Canada with free help shopping around, filing complaints, free lawyers for lawsuits to stop gouging and abuse, and would represent telecom customers in all government policy-making and regulatory processes.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Questions and Answers about the Telecom Consumer Organization (TCO) and Democracy Watch’s Citizen Association Campaign

Environmental Defence, Democracy Watch call for OPP investigation of insider information leaks to sprawl developers in advance of Greenbelt land removals

FOR IMMEDIATE RELEASE:
Wednesday, December 14, 2022

TORONTO – Today Environmental Defence and Democracy Watch called on the Ontario Provincial Police to investigate whether the provincial government’s apparent leak of secret plans to allow residential development on 15 specific areas within the Greenbelt amounted to a criminal breach of trust by a public officer. It seems very likely that before any authorized public disclosure of the province’s plans to remove these specific lands from the Greenbelt, some government official, government MPP or employee leaked that information privately.

Recent investigative reporting by the Globe and Mail, Toronto Star, The Narwhal, CBC (and CBC again), has revealed multiple transactions to purchase Greenbelt land conducted prior to the November 4th announcement of the plan to remove 15 parcels of land from the protected Greenbelt. These transactions would seem to have been irrational if all the parties were unaware that these Greenbelt lands would be proposed for removal.

Prior to November 4th – and continuing right up to that day – publicly-available information regarding the present and future status of these Greenbelt lands offered no rational basis for prospective purchasers to expect that significant residential, commercial or industrial development of these lands would be permitted at any time in the foreseeable future. On the contrary:

  • the Premier and the Minister of Municipal Affairs and Housing made repeated and unambiguous public statements that the government would “maintain the Greenbelt in its entirety” and would not “touch the Greenbelt”, “build on the Greenbelt” or even “entertain any conversations about a land swap”
  • There was no shortage of existing “designated greenfield area” or of “whitebelt” farmland and natural areas outside the Greenbelt, and that would reasonably have led an investor to expect that the government would not breach its express commitments to never remove any land from the Greenbelt.
  • There was certainly no public process, or public set of criteria released prior to November 4th to suggest that these specific areas would be the ones selected for removal. On the contrary, all public consultations soliciting input on Greenbelt Area Boundaries (see ERO 019-4485, ERO 019-4483 and ERO 019-4803) were strictly limited to proposals for adding land to the Greenbelt, and were framed assiduously to preclude any implication that the government would entertain or consider proposals to remove any land from the Greenbelt.

Given that the integrity of the Ontario government’s policy making process is essential and fundamental to ensure the public interest is upheld and protected, and the significant potential negative financial, social and economic consequences of the decisions in question for other landowners and the Ontario public, it is imperative that the OPP investigate whether this apparent leak of the government’s secret plans to break its Greenbelt pledge constituted a criminal Breach of Trust by Public Officer, contrary to s. 122 of the Criminal Code of Canada:

  • A breach of trust by public officer occurs when a public official departs markedly from the standards of confidentiality or other conduct demanded of an individual in their position, for the purpose other than the public good.
  • Pursuant to sections 2 and 3 of the Member’s Integrity Act, and sections 5 and 6 and Reg 381/07 and O.Reg. 382/07 of the Public Service of Ontario Act (PSOA), it seems clear that providing confidential information concerning a pending government decision, and/or giving anyone or any company preferential treatment, such as through early access to information, would breach the standards Ontario politicians, Cabinet ministers and their staff, and government employees are required to meet.
  • Minister of Municipal Affairs Steve Clark has denied that he authorized any advance leak of the government’s secret plans to pave the Greenbelt.
  • There can be little doubt that the government’s public announcement of its intention to strip these lands of Greenbelt protection – and thus to open them for property development – has considerably increased their market value.

The questions that should be addressed in the OPP’s investigation include:

  • When did government official(s) first discuss the possibility of removing these specific clusters of lots from the Greenbelt.
  • Who initiated and oversaw this process within government?
  • Did any of the landowners in the area or who have bought land affected by the Greenbelt decision apply or in other ways seek to initiate this process?
  • Given the absence of a publicly transparent process concerning the potential removal of Greenbelt lands, how was the decision arrived at to proceed and how were lands to be removed from the Greenbelt selected? Were there other sites considered, where were they and who conducted this analyses?
  • Which government official(s), or PC MPP leaked internal government information about the government’s secret plans to remove certain lands from the Greenbelt, and about which lands – in particular – would be affected, to individuals or corporate entities outside of the government?
  • When and how was this confidential information provided, in any way directly or indirectly, to the land owners, their agents or lobbyists whose lands were selected? And, with regard to the communication of that information:
  • WHO was present/involved?
  • WHAT was discussed?
  • WHERE are the notes of those meetings/communications?
  • Were municipalities consulted or informed and was any information provided or promises made to the owners via municipal staff or elected officials?

“Removal of thousands of acres of legally protected farmland, forests and wetlands from the Greenbelt threatens us all. A government doing so in a manner shrouded in secrecy that appears to benefit a select group of property owners including recent purchasers needs to be thoroughly investigated by the OPP,” said Tim Gray, Executive Director, Environmental Defence.

“The Supreme Court of Canada has ruled that it damages our democracy if a situation even appears to raise questions about the integrity of a government policy-making process, and that law enforcement must be strict and strong to prevent this damage, so given the Greenbelt policy change smells badly, the OPP must investigate”, said Duff Conacher, Co-founder of Democracy Watch.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Allen Braude, Environmental Defence
Email: [email protected]
Tel: 416-356-2587

Democracy Watch’s Government Ethics Campaign, Money in Politics Campaign and Stop Secret, Unethical Lobbying Campaign

FOR IMMEDIATE RELEASE:
Wednesday, December 14, 2022

TORONTO – Today Environmental Defence and Democracy Watch called on the Ontario Provincial Police to investigate whether the provincial government’s apparent leak of secret plans to allow residential development on 15 specific areas within the Greenbelt amounted to a criminal breach of trust by a public officer. It seems very likely that before any authorized public disclosure of the province’s plans to remove these specific lands from the Greenbelt, some government official, government MPP or employee leaked that information privately.

Recent investigative reporting by the Globe and Mail, Toronto Star, The Narwhal, CBC (and CBC again), has revealed multiple transactions to purchase Greenbelt land conducted prior to the November 4th announcement of the plan to remove 15 parcels of land from the protected Greenbelt. These transactions would seem to have been irrational if all the parties were unaware that these Greenbelt lands would be proposed for removal.

Prior to November 4th – and continuing right up to that day – publicly-available information regarding the present and future status of these Greenbelt lands offered no rational basis for prospective purchasers to expect that significant residential, commercial or industrial development of these lands would be permitted at any time in the foreseeable future. On the contrary:

  • the Premier and the Minister of Municipal Affairs and Housing made repeated and unambiguous public statements that the government would “maintain the Greenbelt in its entirety” and would not “touch the Greenbelt”, “build on the Greenbelt” or even “entertain any conversations about a land swap”
  • There was no shortage of existing “designated greenfield area” or of “whitebelt” farmland and natural areas outside the Greenbelt, and that would reasonably have led an investor to expect that the government would not breach its express commitments to never remove any land from the Greenbelt.
  • There was certainly no public process, or public set of criteria released prior to November 4th to suggest that these specific areas would be the ones selected for removal. On the contrary, all public consultations soliciting input on Greenbelt Area Boundaries (see ERO 019-4485, ERO 019-4483 and ERO 019-4803) were strictly limited to proposals for adding land to the Greenbelt, and were framed assiduously to preclude any implication that the government would entertain or consider proposals to remove any land from the Greenbelt.

Given that the integrity of the Ontario government’s policy making process is essential and fundamental to ensure the public interest is upheld and protected, and the significant potential negative financial, social and economic consequences of the decisions in question for other landowners and the Ontario public, it is imperative that the OPP investigate whether this apparent leak of the government’s secret plans to break its Greenbelt pledge constituted a criminal Breach of Trust by Public Officer, contrary to s. 122 of the Criminal Code of Canada:

  • A breach of trust by public officer occurs when a public official departs markedly from the standards of confidentiality or other conduct demanded of an individual in their position, for the purpose other than the public good.
  • Pursuant to sections 2 and 3 of the Member’s Integrity Act, and sections 5 and 6 and Reg 381/07 and O.Reg. 382/07 of the Public Service of Ontario Act (PSOA), it seems clear that providing confidential information concerning a pending government decision, and/or giving anyone or any company preferential treatment, such as through early access to information, would breach the standards Ontario politicians, Cabinet ministers and their staff, and government employees are required to meet.
  • Minister of Municipal Affairs Steve Clark has denied that he authorized any advance leak of the government’s secret plans to pave the Greenbelt.
  • There can be little doubt that the government’s public announcement of its intention to strip these lands of Greenbelt protection – and thus to open them for property development – has considerably increased their market value.

The questions that should be addressed in the OPP’s investigation include:

  • When did government official(s) first discuss the possibility of removing these specific clusters of lots from the Greenbelt.
  • Who initiated and oversaw this process within government?
  • Did any of the landowners in the area or who have bought land affected by the Greenbelt decision apply or in other ways seek to initiate this process?
  • Given the absence of a publicly transparent process concerning the potential removal of Greenbelt lands, how was the decision arrived at to proceed and how were lands to be removed from the Greenbelt selected? Were there other sites considered, where were they and who conducted this analyses?
  • Which government official(s), or PC MPP leaked internal government information about the government’s secret plans to remove certain lands from the Greenbelt, and about which lands – in particular – would be affected, to individuals or corporate entities outside of the government?
  • When and how was this confidential information provided, in any way directly or indirectly, to the land owners, their agents or lobbyists whose lands were selected? And, with regard to the communication of that information:
  • WHO was present/involved?
  • WHAT was discussed?
  • WHERE are the notes of those meetings/communications?
  • Were municipalities consulted or informed and was any information provided or promises made to the owners via municipal staff or elected officials?

“Removal of thousands of acres of legally protected farmland, forests and wetlands from the Greenbelt threatens us all. A government doing so in a manner shrouded in secrecy that appears to benefit a select group of property owners including recent purchasers needs to be thoroughly investigated by the OPP,” said Tim Gray, Executive Director, Environmental Defence.

“The Supreme Court of Canada has ruled that it damages our democracy if a situation even appears to raise questions about the integrity of a government policy-making process, and that law enforcement must be strict and strong to prevent this damage, so given the Greenbelt policy change smells badly, the OPP must investigate”, said Duff Conacher, Co-founder of Democracy Watch.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Allen Braude, Environmental Defence
Email: [email protected]
Tel: 416-356-2587

Democracy Watch’s Government Ethics Campaign, Money in Politics Campaign and Stop Secret, Unethical Lobbying Campaign

BACKGROUNDER

Questions and Answers about the proposed Tech Industry Consumer Organization (TICO)

How a Canadian TICO with 1 million members and a $20-30 million annual budget can be formed

WHAT IS THE TECH INDUSTRY CONSUMER ORGANIZATION (TICO)?

The Tech Industry Consumer Organization (TICO) is a proposed federally chartered, non-profit organization designed to represent and educate consumers on tech industry issues. The TICO will advocate for fair service from tech industry companies (Google, Facebook, Amazon, Twitter, Tik Tok etc.) before industry regulators, the government and the courts. It will also educate tech consumers on issues such as fees, privacy, harassment etc.

The TICO model is based upon Citizen Utility Boards (CUBs) which have been established in four states in the U.S. In these states, all of the utilities were required to enclose a one-page pamphlet in their billing envelopes inviting people to join the CUB. About five percent of consumers usually join the CUB at a $40 annual membership fee. CUBs are independent, broad-based watchdog groups that are run democratically by their members and represent consumers’ interests in the marketplace. For example, in Illinois the CUB has 150,000 members, a $1.5 million annual budget, and has saved consumers more than $20 billion since 1983 by opposing rate hikes by utilities.

According to a national survey of Canadians, 64% of Canadians support the creation of the citizen watchdog groups using the pamphlet/email method.

In addition, a national coalition made up of 31 citizen groups with a total membership of 1.5 million Canadians supports the creation of citizen groups to watch over industry sectors using the pamphlet/email method.

HOW WILL THE TICO BE SET UP AND HOW WILL IT WORK?

To set up the TICO, the federal government must require federally-regulated Internet tech companies to include a notice at the top of every email they send to their 30 million customers and, for anyone who still receives mailings from these companies, 1-2 times each year to include a pamphlet in the same envelope.

Alternatively, the tech companies could volunteer to enclose the notice in their emails, and the pamphlet in their mailings, and as long as enough large companies volunteered enough tech consumers would receive the email notice and pamphlet to make the TICO viable.

The notice at the top of emails that tech companies send their customers will say something like “Need help from an independent consumer group dedicated only to helping you, click here to join the Tech Industry Consumer Organization (TICO). The pamphlet that tech companies would enclose in mailings to their customers will describe the TICO and invite consumers to join at a nominal annual membership fee ($20-30 — with a lower fee for people with low incomes). The government can either lend or grant to the TICO the funds needed to print the first pamphlet. After the first pamphlet, however, the TICO will pay all the costs of the pamphlet. As a result, the TICO can be set up at little or no cost to government or the tech companies.

If only about three percent of Canadian tech company customers join the TICO, it will have one million members and a $20-30 million annual budget. With these resources and large membership base, the TICO will be strong enough to counter the power of the big tech and big data companies.

The TICO will be a democratic organization, controlled by its members through the election of regional delegates and the TICO’s board of directors. The board will hire the TICO’s professional staff and determine the group’s policies.

WHAT WILL THE TICO DO?

The TICO will hire economists, experts, organizers, lobbyists and attorneys to represent consumers.

The TICO will also educate consumers through price surveys, public forums, shopping guides and various other publications.

WHY IS THE TICO NEEDED IN CANADA?

The tech companies are amongst the largest and most powerful companies in the world. There have been ongoing complaints about privacy invasions, harassment, gouging and other abuses by these companies, including encouraging and spreding misinformation and disinformation to undermine elections and policy-making. In addition, many groups representing women, visible minorities and people with low incomes have documented discrimination by these companies.

Consumers are an important part of Canada’s Internet tech industry system, but because of lack of resources their voice is not strong enough to be heard by governments, especially given the enormous resources and strength of the tech industry lobby. The TICO will give act as an umbrella group to bring together consumers and existing consumer groups an organized voice for their interests on tech industry issues in the marketplace.

With tech industry companies offering many products and services that are highly technical, consumers often lack the information needed to ensure they are served fairly and well and are not abused in any way. The TICO will also provide this information, encouraging competition in the marketplace and better service for all tech consumers.


For more details, go to Democracy Watch’s Citizen Association Campaign

Questions and Answers about the proposed Tech Industry Consumer Organization (TICO)

How a Canadian TICO with 1 million members and a $20-30 million annual budget can be formed

WHAT IS THE TECH INDUSTRY CONSUMER ORGANIZATION (TICO)?

The Tech Industry Consumer Organization (TICO) is a proposed federally chartered, non-profit organization designed to represent and educate consumers on tech industry issues. The TICO will advocate for fair service from tech industry companies (Google, Facebook, Amazon, Twitter, Tik Tok etc.) before industry regulators, the government and the courts. It will also educate tech consumers on issues such as fees, privacy, harassment etc.

The TICO model is based upon Citizen Utility Boards (CUBs) which have been established in four states in the U.S. In these states, all of the utilities were required to enclose a one-page pamphlet in their billing envelopes inviting people to join the CUB. About five percent of consumers usually join the CUB at a $40 annual membership fee. CUBs are independent, broad-based watchdog groups that are run democratically by their members and represent consumers’ interests in the marketplace. For example, in Illinois the CUB has 150,000 members, a $1.5 million annual budget, and has saved consumers more than $20 billion since 1983 by opposing rate hikes by utilities.

According to a national survey of Canadians, 64% of Canadians support the creation of the citizen watchdog groups using the pamphlet/email method.

In addition, a national coalition made up of 31 citizen groups with a total membership of 1.5 million Canadians supports the creation of citizen groups to watch over industry sectors using the pamphlet/email method.

HOW WILL THE TICO BE SET UP AND HOW WILL IT WORK?

To set up the TICO, the federal government must require federally-regulated Internet tech companies to include a notice at the top of every email they send to their 30 million customers and, for anyone who still receives mailings from these companies, 1-2 times each year to include a pamphlet in the same envelope.

Alternatively, the tech companies could volunteer to enclose the notice in their emails, and the pamphlet in their mailings, and as long as enough large companies volunteered enough tech consumers would receive the email notice and pamphlet to make the TICO viable.

The notice at the top of emails that tech companies send their customers will say something like “Need help from an independent consumer group dedicated only to helping you, click here to join the Tech Industry Consumer Organization (TICO). The pamphlet that tech companies would enclose in mailings to their customers will describe the TICO and invite consumers to join at a nominal annual membership fee ($20-30 — with a lower fee for people with low incomes). The government can either lend or grant to the TICO the funds needed to print the first pamphlet. After the first pamphlet, however, the TICO will pay all the costs of the pamphlet. As a result, the TICO can be set up at little or no cost to government or the tech companies.

If only about three percent of Canadian tech company customers join the TICO, it will have one million members and a $20-30 million annual budget. With these resources and large membership base, the TICO will be strong enough to counter the power of the big tech and big data companies.

The TICO will be a democratic organization, controlled by its members through the election of regional delegates and the TICO’s board of directors. The board will hire the TICO’s professional staff and determine the group’s policies.

WHAT WILL THE TICO DO?

The TICO will hire economists, experts, organizers, lobbyists and attorneys to represent consumers.

The TICO will also educate consumers through price surveys, public forums, shopping guides and various other publications.

WHY IS THE TICO NEEDED IN CANADA?

The tech companies are amongst the largest and most powerful companies in the world. There have been ongoing complaints about privacy invasions, harassment, gouging and other abuses by these companies, including encouraging and spreding misinformation and disinformation to undermine elections and policy-making. In addition, many groups representing women, visible minorities and people with low incomes have documented discrimination by these companies.

Consumers are an important part of Canada’s Internet tech industry system, but because of lack of resources their voice is not strong enough to be heard by governments, especially given the enormous resources and strength of the tech industry lobby. The TICO will give act as an umbrella group to bring together consumers and existing consumer groups an organized voice for their interests on tech industry issues in the marketplace.

With tech industry companies offering many products and services that are highly technical, consumers often lack the information needed to ensure they are served fairly and well and are not abused in any way. The TICO will also provide this information, encouraging competition in the marketplace and better service for all tech consumers.


For more details, go to Democracy Watch’s Citizen Association Campaign

Court of Appeal rules it’s illegal for Premier to call a snap election if it only favours ruling party’s re-election chances

Appeal court rejects almost every part of lower court’s ruling, finds “most of Democracy Watch’s grounds of appeal are well-founded”

Case was not aimed at overturning election results – just sought ruling that future snap election calls will be illegal

FOR IMMEDIATE RELEASE:
Friday, December 9, 2022

OTTAWA – Democracy Watch announced that the Court of Appeal of New Brunswick released a precedent-setting unanimous ruling yesterday that prohibits the Premier from calling a snap election in-between the every-four-year fixed election dates for “purely partisan electoral advantage.” The ruling came in the lawsuit Democracy Watch filed challenging Premier Blaine Higgs’ advice in August 2020 to the Lieutenant Governor to call a provincial snap election. Jamie Simpson provided legal counsel to Democracy Watch for the court case.

The Court of Appeal agreed with Court of Queen’s Bench Justice E. Thomas Christie’s ruling (which the appeal court forced Justice Christie to make) that Democracy Watch had standing as a public interest advocacy group to pursue the case in New Brunswick (paras. 42-48). However, the appeal court rejected every other part of Justice Christie’s decision, and ruled that he had made several errors, as follows:

  1. The Court of Appeal ruled that the courts can rule on whether the Premier’s advice to the Lieutenant Governor is legal (paras. 49-56 and 77) – Justice Christie had ruled that the courts can’t rule on such a case.
  2. As mentioned above, the Court of Appeal ruled that the fixed date election law prohibits the Premier from calling a snap election only to favour the ruling party’s re-election chances (paras. 57-66 and 78-79) – Justice Christie had ruled that the Premier could call an election anytime.
  3. The Court of Appeal ruled that if the evidence clearly shows the Premier called a snap election purely to advantage the ruling party (which it didn’t either way in this case), the courts can rule that the election call was illegal (para. 71) – Justice Christie had ruled the courts couldn’t rule on such a situation.
  4. The Court of Appeal ruled that Justice Christie’s ruling was “erroneous and unreasonable” – especially when he called Democracy Watch’s case frivolous – and that “most of Democracy Watch’s grounds of appeal are well-founded.” (para. 75).
  5. As a result, the Court of Appeal rejected Justice Christie’s order that Democracy Watch pay the legal costs of the New Brunswick government (para. 75).

Justice Christie’s ruling against Democracy Watch in October 2021 also made a false claim about what DWatch’s lawyer argued in the case and made a false claim about what the Federal Court ruled in DWatch’s case vs. Prime Minister Harper’s 2008 snap election call.

“The court of appeal has set a strong precedent by ruling that it is illegal for the Premier to call a snap election in between the fixed election dates only to favour the ruling party’s election chances, and by ruling that a Premier’s election call can be challenged in court, and that it was in the public interest for the courts to rule on our case,” said Duff Conacher, Co-founder of Democracy Watch. “Democracy Watch believes there was enough evidence for the court of appeal to rule that Premier Higgs violated New Brunswick’s fixed elected date law by calling the 2020 snap election at a time that favoured his party’s election chances, but the court concluded there was not enough evidence to prove that he did, or didn’t, call the election to favour the PC Party.”

The case was not aimed at overturning the 2020 election results. Instead, Democracy Watch argued the court should declare that Premier Higgs’ action:

  1. violated the fixed election date measure in the Legislative Assembly Act (ss. 3(4));
  2. violated the constitutional principles of the sovereignty of parliament and responsible government (for this reason, the UK Supreme Court ruled unanimously in 2019 that Prime Minister Boris Johnson’s prorogation of the British Parliament was illegal), and;
  3. violated the constitutional convention that has been created by premiers calling elections only on the fixed date in 2010, 2014 and 2018.

New Brunswick’s legislature enacted its fixed election date measures with Bill 75 in 2007. Then-House Leader Stuart Jamieson said at the time that: “It was thought by both parties in the legislature and by other provinces that it would be better to remove the political nuances and give everybody a fair and even playing field.” Bill 62 in 2017 changed the fixed date from September to October. The fixed date for the next election was set for the third Monday in October 2022.

Calling a snap election in violation of the law is bad – calling a snap election during a pandemic was even worse. Premier Higgs also used the completely invalid excuse that the three opposition parties refused to agree support the government in every vote until October 2022, or at least until after the pandemic. In a parliamentary system of democratic government, opposition parties are not required to agree to support the government. In the 2020 election, Premier Higgs’ Progressive Conservative Party won 55% of the seats in the legislature with the support of only 39% of voters.

Snap elections are unfair not only to opposition parties (as they are usually called when having an election favours the ruling party), but also to people who want to run as a candidate but can’t afford to suddenly drop everything and run. That’s why the federal Parliament, and every province and territory, have enacted fixed election date measures.

Because they are illegal, dishonest and unfair, Democracy Watch and Wayne Crookes also went to court to challenge the snap election calls by B.C. NDP Premier John Horgan in September 2020 and by Liberal Prime Minister Trudeau in August 2021, both of which violated fixed election date laws. Both those cases are currently being considered by appeal courts.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Democratic Voting System Campaign and the Stop PM/Premier Power Abuses Campaign

Appeal court rejects almost every part of lower court’s ruling, finds “most of Democracy Watch’s grounds of appeal are well-founded”

Case was not aimed at overturning election results – just sought ruling that future snap election calls will be illegal

FOR IMMEDIATE RELEASE:
Friday, December 9, 2022

OTTAWA – Democracy Watch announced that the Court of Appeal of New Brunswick released a precedent-setting unanimous ruling yesterday that prohibits the Premier from calling a snap election in-between the every-four-year fixed election dates for “purely partisan electoral advantage.” The ruling came in the lawsuit Democracy Watch filed challenging Premier Blaine Higgs’ advice in August 2020 to the Lieutenant Governor to call a provincial snap election. Jamie Simpson provided legal counsel to Democracy Watch for the court case.

The Court of Appeal agreed with Court of Queen’s Bench Justice E. Thomas Christie’s ruling (which the appeal court forced Justice Christie to make) that Democracy Watch had standing as a public interest advocacy group to pursue the case in New Brunswick (paras. 42-48). However, the appeal court rejected every other part of Justice Christie’s decision, and ruled that he had made several errors, as follows:

  1. The Court of Appeal ruled that the courts can rule on whether the Premier’s advice to the Lieutenant Governor is legal (paras. 49-56 and 77) – Justice Christie had ruled that the courts can’t rule on such a case.
  2. As mentioned above, the Court of Appeal ruled that the fixed date election law prohibits the Premier from calling a snap election only to favour the ruling party’s re-election chances (paras. 57-66 and 78-79) – Justice Christie had ruled that the Premier could call an election anytime.
  3. The Court of Appeal ruled that if the evidence clearly shows the Premier called a snap election purely to advantage the ruling party (which it didn’t either way in this case), the courts can rule that the election call was illegal (para. 71) – Justice Christie had ruled the courts couldn’t rule on such a situation.
  4. The Court of Appeal ruled that Justice Christie’s ruling was “erroneous and unreasonable” – especially when he called Democracy Watch’s case frivolous – and that “most of Democracy Watch’s grounds of appeal are well-founded.” (para. 75).
  5. As a result, the Court of Appeal rejected Justice Christie’s order that Democracy Watch pay the legal costs of the New Brunswick government (para. 75).

Justice Christie’s ruling against Democracy Watch in October 2021 also made a false claim about what DWatch’s lawyer argued in the case and made a false claim about what the Federal Court ruled in DWatch’s case vs. Prime Minister Harper’s 2008 snap election call.

“The court of appeal has set a strong precedent by ruling that it is illegal for the Premier to call a snap election in between the fixed election dates only to favour the ruling party’s election chances, and by ruling that a Premier’s election call can be challenged in court, and that it was in the public interest for the courts to rule on our case,” said Duff Conacher, Co-founder of Democracy Watch. “Democracy Watch believes there was enough evidence for the court of appeal to rule that Premier Higgs violated New Brunswick’s fixed elected date law by calling the 2020 snap election at a time that favoured his party’s election chances, but the court concluded there was not enough evidence to prove that he did, or didn’t, call the election to favour the PC Party.”

The case was not aimed at overturning the 2020 election results. Instead, Democracy Watch argued the court should declare that Premier Higgs’ action:

  1. violated the fixed election date measure in the Legislative Assembly Act (ss. 3(4));
  2. violated the constitutional principles of the sovereignty of parliament and responsible government (for this reason, the UK Supreme Court ruled unanimously in 2019 that Prime Minister Boris Johnson’s prorogation of the British Parliament was illegal), and;
  3. violated the constitutional convention that has been created by premiers calling elections only on the fixed date in 2010, 2014 and 2018.

New Brunswick’s legislature enacted its fixed election date measures with Bill 75 in 2007. Then-House Leader Stuart Jamieson said at the time that: “It was thought by both parties in the legislature and by other provinces that it would be better to remove the political nuances and give everybody a fair and even playing field.” Bill 62 in 2017 changed the fixed date from September to October. The fixed date for the next election was set for the third Monday in October 2022.

Calling a snap election in violation of the law is bad – calling a snap election during a pandemic was even worse. Premier Higgs also used the completely invalid excuse that the three opposition parties refused to agree support the government in every vote until October 2022, or at least until after the pandemic. In a parliamentary system of democratic government, opposition parties are not required to agree to support the government. In the 2020 election, Premier Higgs’ Progressive Conservative Party won 55% of the seats in the legislature with the support of only 39% of voters.

Snap elections are unfair not only to opposition parties (as they are usually called when having an election favours the ruling party), but also to people who want to run as a candidate but can’t afford to suddenly drop everything and run. That’s why the federal Parliament, and every province and territory, have enacted fixed election date measures.

Because they are illegal, dishonest and unfair, Democracy Watch and Wayne Crookes also went to court to challenge the snap election calls by B.C. NDP Premier John Horgan in September 2020 and by Liberal Prime Minister Trudeau in August 2021, both of which violated fixed election date laws. Both those cases are currently being considered by appeal courts.

– 30 –

FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: [email protected]

Democracy Watch’s Democratic Voting System Campaign and the Stop PM/Premier Power Abuses Campaign