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Category: News
(Français) Report Card on the Federal Parties’ 2019 Democratic Reform PlatformsReport Card on the Federal Parties’ 2019 Democratic Reform Platforms
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(Français) Democracy Watch calls on Commissioner of Canada Elections to investigate Manning Centre and five “Proud” groups it funded for possible third party election disclosure and collusion violationsDemocracy Watch calls on Commissioner of Canada Elections to investigate Manning Centre and five “Proud” groups it funded for possible third party election disclosure and collusion violations
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(Français) Federal party leaders should agree on eight key rules for minority government to ensure fair post-election decisionsFederal party leaders should agree on eight key rules for minority government to ensure fair post-election decisions
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(Français) Democracy Watch calls on Commissioner of Canada Elections to investigate Conservative Party and CAPP for possible illegal collusionDemocracy Watch calls on Commissioner of Canada Elections to investigate Conservative Party and CAPP for possible illegal collusion
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(Français) Democracy Watch comments on Ethics Commissioner ruling that agreed with its complaint that PM Trudeau violated the federal ethics law by pressuring Attorney General to drop SNC-Lavalin prosecutionDemocracy Watch comments on Ethics Commissioner ruling that agreed with its complaint that PM Trudeau violated the federal ethics law by pressuring Attorney General to drop SNC-Lavalin prosecution
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More than a year later, where is Lobbying Commissioner’s ruling on Facebook’s lobbying and favours for Liberal Cabinet?
Voters have a right to know before they vote this fall if Facebook violated federal lobbying law and ethics code
FOR IMMEDIATE RELEASE:
Thursday, August 1, 2019
OTTAWA – Today, Democracy Watch sent a letter to federal Lobbying Commissioner Nancy Bélanger calling on her to ensure an independent ruling, before Parliament is shut down for the fall election, on the complaint letter it filed in late April 2018 about unregistered lobbying and doing favours for Cabinet and federal politicians by Facebook employees, and employees of its subsidiary Instagram.
“More than a year ago Democracy Watch filed a complaint calling for an investigation of Facebook’s unregistered lobbying and favours for Liberal Cabinet ministers and MPs, and the Lobbying Commissioner has negligently failed to issue a ruling on the complaint,” said Duff Conacher, Co-founder of Democracy Watch. “Voters have a right to know before they vote this fall if Facebook violated federal lobbying rules, and given that Democracy Watch’s April 2018 complaint provided detailed evidence to the Lobbying Commissioner, there is no justifiable reason for any further delay by the Commissioner in issuing a ruling.”
The federal Lobbying Act requires businesses to register if its employees spent more than 20% of their collective time lobbying during any 6-month period, including arranging meetings, and Some communications are also required to be disclosed in monthly reports. The Professionalism principle in the Lobbyists’ Code of Conduct requires that lobbyists follow the spirit of the registration requirements of the Act.
The Lobbyists’ Code prohibits anyone from lobbying a Cabinet minister or their officials for four years after doing favours for them (former Rule 8 and, since December 2015, Rules 6-9).
The question posed in Democracy Watch’s April 2018 complaint was whether Facebook’s employees had ever crossed the 20% line from 2010 to 2018 and violated the Act by failing to register, and whether any of Facebook’s employees violated the Code by doing favours for Cabinet ministers or MPs and then lobbying them afterwards.
As Maclean’s magazine first reported, Facebook was not registered as a company in the Registry of Lobbyists to lobby the federal government from 2010 on, until it announced in spring 2018 it would register (while still maintaining that it is not required to register). Facebook also has several consultant lobbyists on contract but they have reported only one communication with federal government politicians and officials since 2014.
In contrast, other social media companies such as Google have had several employees and consultant lobbyists registered, and many monthly communications reports.
As well, Facebook has provided cyber-threat training and services for free to federal politicians, and Facebook Canada’s head of public policy Kevin Chan provided advice for free to Finance Minister Morneau about how to do a Facebook Live event for his budget speech.
Democracy Watch also recently requested that the Lobbying Commissioner rule on another two-year-old complaint involving Liberal Cabinet ministers.
Democracy Watch requested in its April 2018 letter that Lobbying Commissioner Bélanger recuse herself from ruling on the situation because she was handpicked by Trudeau, and has also made statements that show a bias in favour of lobbyists.
Democracy Watch is challenging Commissioner Bélanger’s appointment in the Federal Court of Appeal as part of its Stop Bad Government Appointments Campaign.
– 30 –
FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]
Democracy Watch’s Government Ethics Campaign and Stop Bad Government Appointments Campaign
Voters have a right to know before they vote this fall if Facebook violated federal lobbying law and ethics code
FOR IMMEDIATE RELEASE:
Thursday, August 1, 2019
OTTAWA – Today, Democracy Watch sent a letter to federal Lobbying Commissioner Nancy Bélanger calling on her to ensure an independent ruling, before Parliament is shut down for the fall election, on the complaint letter it filed in late April 2018 about unregistered lobbying and doing favours for Cabinet and federal politicians by Facebook employees, and employees of its subsidiary Instagram.
“More than a year ago Democracy Watch filed a complaint calling for an investigation of Facebook’s unregistered lobbying and favours for Liberal Cabinet ministers and MPs, and the Lobbying Commissioner has negligently failed to issue a ruling on the complaint,” said Duff Conacher, Co-founder of Democracy Watch. “Voters have a right to know before they vote this fall if Facebook violated federal lobbying rules, and given that Democracy Watch’s April 2018 complaint provided detailed evidence to the Lobbying Commissioner, there is no justifiable reason for any further delay by the Commissioner in issuing a ruling.”
The federal Lobbying Act requires businesses to register if its employees spent more than 20% of their collective time lobbying during any 6-month period, including arranging meetings, and Some communications are also required to be disclosed in monthly reports. The Professionalism principle in the Lobbyists’ Code of Conduct requires that lobbyists follow the spirit of the registration requirements of the Act.
The Lobbyists’ Code prohibits anyone from lobbying a Cabinet minister or their officials for four years after doing favours for them (former Rule 8 and, since December 2015, Rules 6-9).
The question posed in Democracy Watch’s April 2018 complaint was whether Facebook’s employees had ever crossed the 20% line from 2010 to 2018 and violated the Act by failing to register, and whether any of Facebook’s employees violated the Code by doing favours for Cabinet ministers or MPs and then lobbying them afterwards.
As Maclean’s magazine first reported, Facebook was not registered as a company in the Registry of Lobbyists to lobby the federal government from 2010 on, until it announced in spring 2018 it would register (while still maintaining that it is not required to register). Facebook also has several consultant lobbyists on contract but they have reported only one communication with federal government politicians and officials since 2014.
In contrast, other social media companies such as Google have had several employees and consultant lobbyists registered, and many monthly communications reports.
As well, Facebook has provided cyber-threat training and services for free to federal politicians, and Facebook Canada’s head of public policy Kevin Chan provided advice for free to Finance Minister Morneau about how to do a Facebook Live event for his budget speech.
Democracy Watch also recently requested that the Lobbying Commissioner rule on another two-year-old complaint involving Liberal Cabinet ministers.
Democracy Watch requested in its April 2018 letter that Lobbying Commissioner Bélanger recuse herself from ruling on the situation because she was handpicked by Trudeau, and has also made statements that show a bias in favour of lobbyists.
Democracy Watch is challenging Commissioner Bélanger’s appointment in the Federal Court of Appeal as part of its Stop Bad Government Appointments Campaign.
– 30 –
FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]
Democracy Watch’s Government Ethics Campaign and Stop Bad Government Appointments Campaign
Two years later, where is Lobbying Commissioner’s ruling on Council of Canadian Innovators lobbying of Liberal Cabinet?
Voters have a right to know before they vote this fall if top people at CCI, who were Minister of Foreign Affairs Chrystia Freeland’s 2015 election campaign managers, violated lobbying rules
FOR IMMEDIATE RELEASE:
Wednesday, July 17, 2019
OTTAWA – Today, Democracy Watch sent a letter with federal Lobbying Commissioner Nancy Bélanger calling on her to ensure an independent ruling, before Parliament is shut down for the fall election, on the complaint letter it filed in July 2017 about the relationship and meetings between representatives of the Council of Canadian Innovators (CCI) and Liberal Cabinet officials. The Lobbying Commissioner confirmed that the complaint was being investigated in a July 20, 2017 letter.
“Two years ago Democracy Watch filed a complaint calling for an investigation of former election campaign managers for Foreign Affairs Minister Chrystia Freeland heading up the Council of Canadian Innovators, and the Lobbying Commissioner has negligently failed to issue a ruling on the complaint,” said Duff Conacher, Co-founder of Democracy Watch. “Voters have a right to know before they vote this fall if Minister Freeland’s former election campaign managers violated federal lobbying rules, and given that Democracy Watch’s July 2017 complaint provided detailed evidence to the Lobbying Commissioner, there is no justifiable reason for any further delay by the Commissioner in issuing a ruling.”
The federal Lobbyists’ Code of Conduct prohibits anyone from lobbying a Cabinet minister or their officials for four years after helping them get elected (former Rule 8 and, since December 2015, Rules 6-9 (see especially Rule 9)). The question posed in Democracy Watch’s July 2017 complaint was whether Minister Freeland’s former campaign managers violated the Code given that they headed up CCI, and CCI had lobbied the foreign affairs and trade departments.
Since March 2016, the CCI’s Executive Director has been Benjamin Bergen, who according to the Globe and Mail article, and this CanTechLetter.com article, played a senior management role in the 2015 federal election campaign of former International Trade Minister and, since January 2017, Minister of Foreign Affairs Chrystia Freeland. And Dana O’Born was CCI’s Director of Policy and is now its Director of Strategic Initiatives. According to Mr. Bergen (as cited in this Globe and Mail article), Ms. O’Born was Ms. Freeland’s 2015 campaign manager.
According to the Registry of Lobbyists, CCI has been registered to lobby the federal government (including Ms. Freeland’s Global Affairs ministry) with Mr. Bergen as the listed senior official since April 4, 2016 and as of July 2017 had 202 registered communications with government officials (although many more could have occurred as only oral, pre-arranged communications initiated by the lobbyist are required to be disclosed (unless the communication is about a financial benefit and then even if the government official initiates the communication it must be disclosed)).
The CCI’s monthly communications reports in the registry show that on the following dates (and, again, possibly many more) CCI communicated with Global Affairs Canada officials (when Ms. Freeland was Minister of Foreign Affairs or Minister of International Trade) including deputy ministers, assistant deputy ministers, special assistants, and the minister’s Parliamentary Secretary: April 21, 2017; April 10, 2017; March 30, 2017; March 24, 2017; March 1, 2017; February 8, 2017; November 4, 2016; November 2, 2016; October 21, 2017; October 20, 2017 (two meetings); October 17, 2016, and; October 13, 2016.
Democracy Watch requested in July 2017 that the former Lobbying Commissioner recuse herself from ruling on the situation because she had been handpicked by Trudeau, and Democracy Watch’s letter sent today requests that current Commissioner Bélanger also recuse herself because she also was handpicked by Trudeau.
Democracy Watch is challenging Commissioner Bélanger’s appointment in the Federal Court of Appeal as part of its Stop Bad Government Appointments Campaign.
– 30 –
FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]
Democracy Watch’s Government Ethics Campaign and Stop Bad Government Campaign
Voters have a right to know before they vote this fall if top people at CCI, who were Minister of Foreign Affairs Chrystia Freeland’s 2015 election campaign managers, violated lobbying rules
FOR IMMEDIATE RELEASE:
Wednesday, July 17, 2019
OTTAWA – Today, Democracy Watch sent a letter with federal Lobbying Commissioner Nancy Bélanger calling on her to ensure an independent ruling, before Parliament is shut down for the fall election, on the complaint letter it filed in July 2017 about the relationship and meetings between representatives of the Council of Canadian Innovators (CCI) and Liberal Cabinet officials. The Lobbying Commissioner confirmed that the complaint was being investigated in a July 20, 2017 letter.
“Two years ago Democracy Watch filed a complaint calling for an investigation of former election campaign managers for Foreign Affairs Minister Chrystia Freeland heading up the Council of Canadian Innovators, and the Lobbying Commissioner has negligently failed to issue a ruling on the complaint,” said Duff Conacher, Co-founder of Democracy Watch. “Voters have a right to know before they vote this fall if Minister Freeland’s former election campaign managers violated federal lobbying rules, and given that Democracy Watch’s July 2017 complaint provided detailed evidence to the Lobbying Commissioner, there is no justifiable reason for any further delay by the Commissioner in issuing a ruling.”
The federal Lobbyists’ Code of Conduct prohibits anyone from lobbying a Cabinet minister or their officials for four years after helping them get elected (former Rule 8 and, since December 2015, Rules 6-9 (see especially Rule 9)). The question posed in Democracy Watch’s July 2017 complaint was whether Minister Freeland’s former campaign managers violated the Code given that they headed up CCI, and CCI had lobbied the foreign affairs and trade departments.
Since March 2016, the CCI’s Executive Director has been Benjamin Bergen, who according to the Globe and Mail article, and this CanTechLetter.com article, played a senior management role in the 2015 federal election campaign of former International Trade Minister and, since January 2017, Minister of Foreign Affairs Chrystia Freeland. And Dana O’Born was CCI’s Director of Policy and is now its Director of Strategic Initiatives. According to Mr. Bergen (as cited in this Globe and Mail article), Ms. O’Born was Ms. Freeland’s 2015 campaign manager.
According to the Registry of Lobbyists, CCI has been registered to lobby the federal government (including Ms. Freeland’s Global Affairs ministry) with Mr. Bergen as the listed senior official since April 4, 2016 and as of July 2017 had 202 registered communications with government officials (although many more could have occurred as only oral, pre-arranged communications initiated by the lobbyist are required to be disclosed (unless the communication is about a financial benefit and then even if the government official initiates the communication it must be disclosed)).
The CCI’s monthly communications reports in the registry show that on the following dates (and, again, possibly many more) CCI communicated with Global Affairs Canada officials (when Ms. Freeland was Minister of Foreign Affairs or Minister of International Trade) including deputy ministers, assistant deputy ministers, special assistants, and the minister’s Parliamentary Secretary: April 21, 2017; April 10, 2017; March 30, 2017; March 24, 2017; March 1, 2017; February 8, 2017; November 4, 2016; November 2, 2016; October 21, 2017; October 20, 2017 (two meetings); October 17, 2016, and; October 13, 2016.
Democracy Watch requested in July 2017 that the former Lobbying Commissioner recuse herself from ruling on the situation because she had been handpicked by Trudeau, and Democracy Watch’s letter sent today requests that current Commissioner Bélanger also recuse herself because she also was handpicked by Trudeau.
Democracy Watch is challenging Commissioner Bélanger’s appointment in the Federal Court of Appeal as part of its Stop Bad Government Appointments Campaign.
– 30 –
FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]
Democracy Watch’s Government Ethics Campaign and Stop Bad Government Campaign
Democracy Watch calls on Ontario Integrity Commissioner to rule lobbyist who advised on Premier Ford’s campaign, and serves as PC Party Regional VP, violating lobbying law
Law prohibits doing anything that makes it improper for Premier or Cabinet ministers to participate in decisions that affect the lobbyists’ clients
FOR IMMEDIATE RELEASE:
Thursday, July 11, 2019
OTTAWA – Today, Democracy Watch released the letter it has sent to Ontario Integrity Commissioner David Wake calling on him to issue a public ruling on lobbyist Melissa Lantsman, who advised Doug Ford and the Progressive Conservative Party (PC Party) during the spring 2018 provincial election campaign, and was on Ford’s transition team, and is currently Regional Vice President for Toronto for the PC Party.
Ms. Lantsman was hired as Vice-President of Public Affairs at Hill & Knowlton Strategies after the election in June 2018 and is now registered to lobby Premier Ford and various Cabinet ministers on specific issues for 13 clients (as well as other clients on general issues).
It has been illegal under Ontario’s Lobbyists Registration Act (LR Act) since June 2014 for an Ontario lobbyist to do anything for a politician or government official that caused them to be in a real or potential conflict of interest or make it improper for them to further the interests of the lobbyist or their clients.
Incredibly, as Democracy Watch’s letter summarizes (pp. 6-7), the Integrity Commissioner has not issued any guideline or interpretation bulletin in the past five years concerning what the rules in the LR Act mean.
Based on what the LR Act (section 3.4) and the Members’ Integrity Act (sections 2, 3, 4 and 6(1)) say, and the unanimous Federal Court of Appeal ruling Democracy Watch won in 2009 (paras. 52-53), and a similar federal lobbying rule, and past rulings concerning what are improper actions are by politicians (see pages 6-16 of Democracy Watch’s letter), Democracy Watch’s position is that it is a violation of section 3.4 of the LR Act for a lobbyist to do anything significant for, or give anything significant to, a politician they are registered to lobby (or the politician’s political party), as it creates a potential conflict of interest that makes it improper for the politician to participate in any decision, or try to influence any decision that affects the interests of the lobbyist or their clients.
Integrity Commissioner Wake is not required to investigate or issue a public ruling, but Democracy Watch’s position is that it would be simply negligent for him to fail to do both given the ruling will be the first time he has publicly enforced section 3.4 of the LR Act and, therefore, the ruling will make it finally clear what actions by lobbyists that section prohibits.
“The Integrity Commissioner has been negligent in not issuing a ruling the past five years setting out what actions by lobbyists are prohibited by the conflict of interest rule in the lobbying law,” said Duff Conacher, Co-founder of Democracy Watch. “Given the clear evidence set out in Democracy Watch’s complaint, hopefully Integrity Commissioner Wake will do the right thing and issue a public ruling very soon finding that anyone who worked for Doug Ford or PC Party headquarters during the spring 2018 campaign, or is serving in a senior position of the party, violates the conflict of interest rule in the lobbying law if they lobby Premier Ford or any of his Cabinet ministers.”
– 30 –
FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]
Democracy Watch’s Government Ethics Campaign
Law prohibits doing anything that makes it improper for Premier or Cabinet ministers to participate in decisions that affect the lobbyists’ clients
FOR IMMEDIATE RELEASE:
Thursday, July 11, 2019
OTTAWA – Today, Democracy Watch released the letter it has sent to Ontario Integrity Commissioner David Wake calling on him to issue a public ruling on lobbyist Melissa Lantsman, who advised Doug Ford and the Progressive Conservative Party (PC Party) during the spring 2018 provincial election campaign, and was on Ford’s transition team, and is currently Regional Vice President for Toronto for the PC Party.
Ms. Lantsman was hired as Vice-President of Public Affairs at Hill & Knowlton Strategies after the election in June 2018 and is now registered to lobby Premier Ford and various Cabinet ministers on specific issues for 13 clients (as well as other clients on general issues).
It has been illegal under Ontario’s Lobbyists Registration Act (LR Act) since June 2014 for an Ontario lobbyist to do anything for a politician or government official that caused them to be in a real or potential conflict of interest or make it improper for them to further the interests of the lobbyist or their clients.
Incredibly, as Democracy Watch’s letter summarizes (pp. 6-7), the Integrity Commissioner has not issued any guideline or interpretation bulletin in the past five years concerning what the rules in the LR Act mean.
Based on what the LR Act (section 3.4) and the Members’ Integrity Act (sections 2, 3, 4 and 6(1)) say, and the unanimous Federal Court of Appeal ruling Democracy Watch won in 2009 (paras. 52-53), and a similar federal lobbying rule, and past rulings concerning what are improper actions are by politicians (see pages 6-16 of Democracy Watch’s letter), Democracy Watch’s position is that it is a violation of section 3.4 of the LR Act for a lobbyist to do anything significant for, or give anything significant to, a politician they are registered to lobby (or the politician’s political party), as it creates a potential conflict of interest that makes it improper for the politician to participate in any decision, or try to influence any decision that affects the interests of the lobbyist or their clients.
Integrity Commissioner Wake is not required to investigate or issue a public ruling, but Democracy Watch’s position is that it would be simply negligent for him to fail to do both given the ruling will be the first time he has publicly enforced section 3.4 of the LR Act and, therefore, the ruling will make it finally clear what actions by lobbyists that section prohibits.
“The Integrity Commissioner has been negligent in not issuing a ruling the past five years setting out what actions by lobbyists are prohibited by the conflict of interest rule in the lobbying law,” said Duff Conacher, Co-founder of Democracy Watch. “Given the clear evidence set out in Democracy Watch’s complaint, hopefully Integrity Commissioner Wake will do the right thing and issue a public ruling very soon finding that anyone who worked for Doug Ford or PC Party headquarters during the spring 2018 campaign, or is serving in a senior position of the party, violates the conflict of interest rule in the lobbying law if they lobby Premier Ford or any of his Cabinet ministers.”
– 30 –
FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]
Democracy Watch’s Government Ethics Campaign
DWatch calls on Ethics Commissioner to ensure independent investigation of Dominic LeBlanc-connected appointments of judges
Federal Liberals should suspend judicial and watchdog appointments until appointment process is changed to be actually independent and merit-based
Ontario and United Kingdom judicial appointment processes are world-leading models, and federal politicians must make changes to match them
FOR IMMEDIATE RELEASE:
Thursday, July 4, 2019
OTTAWA – Today, Democracy Watch sent a letter federal Ethics Commissioner Mario Dion calling on him to ensure an independent investigation and ruling on recent Trudeau Cabinet appointments of judges who have connections to Cabinet Minister Dominic LeBlanc. DWatch also called on the federal Liberals to suspend the appointment of all judicial and watchdog appointments until the appointment process is changed to be actually independent and merit-based.
As first reported by CBC New Brunswick, Justice Charles LeBlond who was appointed to the New Brunswick Court of Appeal, and Justice Arthur Doyle and Justice Robert Dysart who were appointed to the New Brunswick Court of Queen’s Bench all donated to help Minister LeBlanc pay off his debt from his 2008 Liberal Party leadership race campaign. GlobalNews.ca reported other donations made by these three justices to Minister LeBlanc’s riding association, and to the Liberal Party.
These outlets also reported that Jacques Pinet, the husband of Tracey DeWare, who was appointed Chief Justice of the Court of Queen’s Bench by Prime Minister Trudeau in June, also donated to Minister LeBlanc’s campaign, among other donations to the Liberal Party. CBC also reported that the couple purchased a seaside home from Minister LeBlanc in 2013 for $430,000, located next to Minister LeBlanc’s summerhouse.
Democracy Watch also revealed that, according to Minister LeBlanc’s federal ethics disclosure registration, sometime in 2017, a Jacques Pinet, Vice-President, Assumption Life Insurance Co. of New Brunswick, gave Minister LeBlanc a gift of 3 days hospitality at Ledges Lodge, Doarktown, New Brunswick. If this is the same Jacques Pinet who is married to Chief Justice DeWare, it would only compound the appearance of conflict of interest for Minister LeBlanc.
The Globe and Mail reported that Minister LeBlanc participated in the decisions for all of these appointments, while recusing himself from the appointment of one other judge who is a relative of his.
“Dominic LeBlanc should be investigated to determine if he violated the federal ethics law by participating in the decisions to appoint these judges,” said Duff Conacher, Co-founder of Democracy Watch. “Ethics Commissioner Dion cannot do the investigation as he was handpicked by the Trudeau Cabinet through a secretive, dishonest process that is being challenged in courts, and his senior lawyer is LeBlanc’s sister-in-law. Commissioner Dion must delegate the investigation to someone independent of his office and all political parties.”
Section 4 and subsection 6(1) of the COIA together prohibit public office holders like Cabinet ministers from making or taking part in decisions when they have an opportunity to further their own, their family’s or their friends private interests, or improperly furthering another person’s interests (and section 9 prohibits trying to influence such decision). Democracy Watch’s position is that appointing someone as a judge furthers their private interest, and that “friends” should be defined by the Ethics Commissioner as including political friends such as significant supporters of the governing party.
In any case, donations and gifts and friend relationships make it improper for a minister to take part in a decision that affects someone.
While the Trudeau Liberals added the goal of diversity for appointments, and reduced the number of members chosen by the Minister of Justice from four to three out of seven judicial advisory committee members, the committees still produce long lists of candidates which allow the Minister and Cabinet to appoint essentially whomever they want as a judge.
For quasi-judicial positions like key government watchdogs, Liberal Cabinet ministers still choose all advisory committee members and control the appointment process completely.
“The Trudeau Liberal Cabinet appointment system is essentially the same as the Harper Conservatives used, and it allows Cabinet ministers to choose their own Liberal party cronies as judges, and to choose lapdogs instead of watchdogs,” said Conacher. “To stop this dangerously undemocratic and unethical appointment process for judges and watchdogs, the appointment process should be suspended until, as in the UK and Ontario, a fully independent public appointment commission is created to conduct public, merit-based searches for nominees and send a short list to Cabinet, with Cabinet required to choose from the list.”
Federal NDP MP Charlie Angus issued a statement that criticized the LeBlanc-related appointments and said “It is time for this patronage to end” but the NDP’s 2019 federal election platform does not include any promise to change the appointment process to prevent patronage and crony appointments (See pp. 100-102 for the very few, vague democratic reform promises the NDP has made).
Conservative Party leader Andrew Scheer was also quoted criticizing the appointments, but said nothing in 2009 when the Harper Conservatives appointed several donors as judges nor in 2006 they broke their election promise to establish an independent Public Appointments Commission.
Also, Democracy Watch filed a complaint in April 2017 about former Conservative Minister of Justice Peter MacKay appointing some of his friends as judges, including his former Cabinet colleague Vic Toews (Toews was finally found guilty in April 2017 by the Ethics Commissioner of violating the federal ethics law). The Scheer Conservatives have not issued their 2019 federal election platform.
Democracy Watch also called on federal politicians to change the law to ensure all Cabinet appointees who watch over the government or oversee key democracy laws and processes (especially every Officer of Parliament) be only allowed to serve one term.
“Like judges, all government and democracy watchdogs must only serve one term, with no possibility that the government can reappoint them, to ensure watchdogs don’t try to please the government in order to keep their job,” said Conacher.
See Backgrounder below for more details concerning the current appointment process, and needed changes.
– 30 –
FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]
Democracy Watch’s Government Ethics Campaign and Stop Bad Government Appointments Campaign
Details on the Current Federal Cabinet Appointments Process, and Needed Changes to ensure Independence and Integrity
Democracy Watch is currently challenging the appointment of the new Ethics Commissioner and the new Lobbying Commissioner – who judge whether the federal ethics law and lobbying law have been violated – in the Federal Court of Appeal as both commissioners were investigating situations involving Prime Minister Trudeau and other Cabinet ministers at the time the Trudeau Cabinet handpicked them through a secretive, biased, dishonest process. The case file numbers are A-142-19 and A-143-19, and the cases have been consolidated and will be heard together by the FCA this fall.
Democracy Watch’s Stop Bad Government Appointments Campaign proposes that the way to ensure the appointment of fully independent, merit-based judges and watchdogs is to have a fully independent commission whose members are approved by all federal party leaders (along with entities such as the Canadian Judicial Council) do a public, non-partisan merit-based search for candidates, and to require the Trudeau Cabinet to choose from a short-list of 1-3 candidates that the commission nominates.
The new appointment process, and a prohibition on being reappointed, should apply to the judicial advisory committees and appointments of all 1,123 federal and provincial superior court judicial appointments listed here, and to the new public appointments commission that must be established to ensure a merit-based selection process for a short list of candidates for appointment to the 32 federal administrative tribunals and 108 agencies/boards listed here.
Ontario uses this kind of independent appointment system to appoint provincial judges (the advisory committee provides a shortlist of three candidates to the Cabinet). The United Kingdom uses it to appoint judges and judicial tribunal members (like the Ethics Commissioner and Lobbying Commissioner are). The UK advisory committee provides only one candidate to the Cabinet, and the Cabinet has to accept the candidate or reject the candidate and provide written reasons.
Federal Liberals should suspend judicial and watchdog appointments until appointment process is changed to be actually independent and merit-based
Ontario and United Kingdom judicial appointment processes are world-leading models, and federal politicians must make changes to match them
FOR IMMEDIATE RELEASE:
Thursday, July 4, 2019
OTTAWA – Today, Democracy Watch sent a letter federal Ethics Commissioner Mario Dion calling on him to ensure an independent investigation and ruling on recent Trudeau Cabinet appointments of judges who have connections to Cabinet Minister Dominic LeBlanc. DWatch also called on the federal Liberals to suspend the appointment of all judicial and watchdog appointments until the appointment process is changed to be actually independent and merit-based.
As first reported by CBC New Brunswick, Justice Charles LeBlond who was appointed to the New Brunswick Court of Appeal, and Justice Arthur Doyle and Justice Robert Dysart who were appointed to the New Brunswick Court of Queen’s Bench all donated to help Minister LeBlanc pay off his debt from his 2008 Liberal Party leadership race campaign. GlobalNews.ca reported other donations made by these three justices to Minister LeBlanc’s riding association, and to the Liberal Party.
These outlets also reported that Jacques Pinet, the husband of Tracey DeWare, who was appointed Chief Justice of the Court of Queen’s Bench by Prime Minister Trudeau in June, also donated to Minister LeBlanc’s campaign, among other donations to the Liberal Party. CBC also reported that the couple purchased a seaside home from Minister LeBlanc in 2013 for $430,000, located next to Minister LeBlanc’s summerhouse.
Democracy Watch also revealed that, according to Minister LeBlanc’s federal ethics disclosure registration, sometime in 2017, a Jacques Pinet, Vice-President, Assumption Life Insurance Co. of New Brunswick, gave Minister LeBlanc a gift of 3 days hospitality at Ledges Lodge, Doarktown, New Brunswick. If this is the same Jacques Pinet who is married to Chief Justice DeWare, it would only compound the appearance of conflict of interest for Minister LeBlanc.
The Globe and Mail reported that Minister LeBlanc participated in the decisions for all of these appointments, while recusing himself from the appointment of one other judge who is a relative of his.
“Dominic LeBlanc should be investigated to determine if he violated the federal ethics law by participating in the decisions to appoint these judges,” said Duff Conacher, Co-founder of Democracy Watch. “Ethics Commissioner Dion cannot do the investigation as he was handpicked by the Trudeau Cabinet through a secretive, dishonest process that is being challenged in courts, and his senior lawyer is LeBlanc’s sister-in-law. Commissioner Dion must delegate the investigation to someone independent of his office and all political parties.”
Section 4 and subsection 6(1) of the COIA together prohibit public office holders like Cabinet ministers from making or taking part in decisions when they have an opportunity to further their own, their family’s or their friends private interests, or improperly furthering another person’s interests (and section 9 prohibits trying to influence such decision). Democracy Watch’s position is that appointing someone as a judge furthers their private interest, and that “friends” should be defined by the Ethics Commissioner as including political friends such as significant supporters of the governing party.
In any case, donations and gifts and friend relationships make it improper for a minister to take part in a decision that affects someone.
While the Trudeau Liberals added the goal of diversity for appointments, and reduced the number of members chosen by the Minister of Justice from four to three out of seven judicial advisory committee members, the committees still produce long lists of candidates which allow the Minister and Cabinet to appoint essentially whomever they want as a judge.
For quasi-judicial positions like key government watchdogs, Liberal Cabinet ministers still choose all advisory committee members and control the appointment process completely.
“The Trudeau Liberal Cabinet appointment system is essentially the same as the Harper Conservatives used, and it allows Cabinet ministers to choose their own Liberal party cronies as judges, and to choose lapdogs instead of watchdogs,” said Conacher. “To stop this dangerously undemocratic and unethical appointment process for judges and watchdogs, the appointment process should be suspended until, as in the UK and Ontario, a fully independent public appointment commission is created to conduct public, merit-based searches for nominees and send a short list to Cabinet, with Cabinet required to choose from the list.”
Federal NDP MP Charlie Angus issued a statement that criticized the LeBlanc-related appointments and said “It is time for this patronage to end” but the NDP’s 2019 federal election platform does not include any promise to change the appointment process to prevent patronage and crony appointments (See pp. 100-102 for the very few, vague democratic reform promises the NDP has made).
Conservative Party leader Andrew Scheer was also quoted criticizing the appointments, but said nothing in 2009 when the Harper Conservatives appointed several donors as judges nor in 2006 they broke their election promise to establish an independent Public Appointments Commission.
Also, Democracy Watch filed a complaint in April 2017 about former Conservative Minister of Justice Peter MacKay appointing some of his friends as judges, including his former Cabinet colleague Vic Toews (Toews was finally found guilty in April 2017 by the Ethics Commissioner of violating the federal ethics law). The Scheer Conservatives have not issued their 2019 federal election platform.
Democracy Watch also called on federal politicians to change the law to ensure all Cabinet appointees who watch over the government or oversee key democracy laws and processes (especially every Officer of Parliament) be only allowed to serve one term.
“Like judges, all government and democracy watchdogs must only serve one term, with no possibility that the government can reappoint them, to ensure watchdogs don’t try to please the government in order to keep their job,” said Conacher.
See Backgrounder below for more details concerning the current appointment process, and needed changes.
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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179 Cell: 416-546-3443
[email protected]
Democracy Watch’s Government Ethics Campaign and Stop Bad Government Appointments Campaign
Details on the Current Federal Cabinet Appointments Process, and Needed Changes to ensure Independence and Integrity
Democracy Watch is currently challenging the appointment of the new Ethics Commissioner and the new Lobbying Commissioner – who judge whether the federal ethics law and lobbying law have been violated – in the Federal Court of Appeal as both commissioners were investigating situations involving Prime Minister Trudeau and other Cabinet ministers at the time the Trudeau Cabinet handpicked them through a secretive, biased, dishonest process. The case file numbers are A-142-19 and A-143-19, and the cases have been consolidated and will be heard together by the FCA this fall.
Democracy Watch’s Stop Bad Government Appointments Campaign proposes that the way to ensure the appointment of fully independent, merit-based judges and watchdogs is to have a fully independent commission whose members are approved by all federal party leaders (along with entities such as the Canadian Judicial Council) do a public, non-partisan merit-based search for candidates, and to require the Trudeau Cabinet to choose from a short-list of 1-3 candidates that the commission nominates.
The new appointment process, and a prohibition on being reappointed, should apply to the judicial advisory committees and appointments of all 1,123 federal and provincial superior court judicial appointments listed here, and to the new public appointments commission that must be established to ensure a merit-based selection process for a short list of candidates for appointment to the 32 federal administrative tribunals and 108 agencies/boards listed here.
Ontario uses this kind of independent appointment system to appoint provincial judges (the advisory committee provides a shortlist of three candidates to the Cabinet). The United Kingdom uses it to appoint judges and judicial tribunal members (like the Ethics Commissioner and Lobbying Commissioner are). The UK advisory committee provides only one candidate to the Cabinet, and the Cabinet has to accept the candidate or reject the candidate and provide written reasons.