Democracy Watch sends letter to Commissioner asking for rulings

FOR IMMEDIATE RELEASE:
Wednesday, January 22, 2020

OTTAWA – Today, Democracy Watch released the letter it has sent to Ontario Integrity Commissioner J. David Wake asking for public rulings soon on lobbyists who worked in senior roles on Doug Ford’s and the Progressive Conservative Party of Ontario’s (PC Party) election campaign and/or fundraised for or advised Ford and the PCs since the election, and are now lobbying Ford and/or his Cabinet ministers.

It has been illegal under Ontario’s Lobbyists Registration Act (LR Act) since July 1, 2016 (when a new rule was enacted, section 3.4) 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 would make it improper for them to further the interests of the lobbyist or their clients.

Democracy Watch filed a complaint last June with Integrity Commissioner Wake about lobbyists Chris Benedetti, Paul Pellegrini and Matthew Gibson of Sussex Strategy Group violating the rule by being on the organizing committee for Premier Ford’s February “2019 Toronto Leader’s Dinner” fundraising event. And Democracy Watch also filed a complaint last July about lobbyist Melissa Lantsman, who is lobbying the Ford government after advising Doug Ford and the Progressive Conservative Party (PC Party) during the spring 2018 provincial election campaign, serving on Ford’s transition team, and serving currently as Regional Vice President for Toronto for the PC Party.

“Given the clear evidence set out in Democracy Watch’s complaints last summer, Integrity Commissioner Wake should do the right thing and finally issue his first public ruling on the rule that clearly prohibits lobbyists from campaigning or fundraising for a politician and then lobbying them,” said Duff Conacher, Co-founder of Democracy Watch. “That ruling should find everyone who worked for Doug Ford or PC Party headquarters during the spring 2018 election campaign or continues to serve the party or Premier Ford as an adviser, fundraiser or representative, is violating this key lobbying ethics rule.”

“The public has a clear right to see every ruling Integrity Commissioner Wake has issued about lobbyists lobbying politicians they have helped in any way, so the public can be sure he is enforcing the law fairly and properly, and there is nothing in the law that prohibits him from making all his rulings public,” said Conacher.

Integrity Commissioner Wake has not issued a public ruling on the LR Act rule since it came into force in June 2016, and his Guidance for Lobbyists on Political Activity document published in 2018 is very vague, especially concerning the time period lobbyists must stop lobbying after assisting an election candidate or politician.

In contrast, the federal Commissioner of Lobbying’s Guidance document on lobbyist political activities states clearly that if a lobbyist does anything significant for a politician then they can’t lobby for four years – a “full election cycle.”

The Integrity Commissioner claimed in his 2018-2019 Annual Report (p. 47) that the advisory opinions he gives to lobbyists under section 15 of the LR Act are confidential, but there is nothing in that section or any other section of the LR Act that requires them to be kept secret. They are actually rulings by the Integrity Commissioner, and the public has a right to know how the Commissioner has ruled on lobbyists’ actions. The 2018-2019 Annual Report states that the Commissioner issued 16 advisory opinions to lobbyists who had been politically active before the election (see p. 46).

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, Democracy Watch’s position is that the conflict of interest created by playing a senior role in a politician’s or party’s election campaign or serving as an advisor afterwards does not magically disappear after one year – it lasts at least four years after the lobbyist has helped the politician or party, past the next election if the politician remains in power.

If the politician is the Premier, Democracy Watch’s position is that the conflict of interest lasts even longer because it is a very significant favour to help someone become Premier with all the power, pay and perks that position entails. Democracy Watch’s position is also that assisting a party leader with their election campaign, or providing ongoing assistance after the election, creates a conflict of interest that applies to the entire Cabinet, as the Premier chooses each Cabinet minister and they all serve at the pleasure of the Premier, so they all share the Premier’s conflict of interest.

As a result, Democracy Watch’s position is that anyone who worked on the PC Party campaign, or is serving in a senior position or advising the Premier or the PC Party now, is prohibited by the rule in the LR Act from lobbying the Premier and any of his Cabinet ministers.

The only clue to Integrity Commissioner Wake’s standard for a cooling-off period for a lobbyist who assists a politician are that Chris Froggatt, who was vice-chair of Ford’s and the PC Party’s election campaign, told the Globe last July that he was advised by the Integrity Commissioner to refrain from lobbying for one year after the Ford government took power. And in that same Globe article Kory Teneycke, who also played a senior role in the PC’s election campaign, was paraphrased as saying the Integrity Commissioner had advised him not to lobby the Premier, his office or the Cabinet office. Both Froggatt and Teneycke also continue to serve as senior advisers to Premier Ford and the PC Party.

Democracy Watch also plans to file complaints with the Integrity Commissioner about Chris Froggatt and Kory Teneycke and the lobbyists they employ at their firms.

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Government Ethics Campaign

Delay unjustified on ruling whether top people at CCI, who were Chrystia Freeland’s 2015 election campaign managers, violated lobbying rules

Lobbying Commissioner has ruled on 14 other complaints filed since September 2017, two months after Democracy Watch filed its complaint

FOR IMMEDIATE RELEASE:
Tuesday, January 7, 2020

OTTAWA – Today, Democracy Watch sent another letter to federal Lobbying Commissioner Nancy Bélanger, following up on its July 17, 2019 letter, again calling on her to ensure an independent ruling on the complaint Democracy Watch filed in July 2017 about the relationship and meetings between representatives of the Council of Canadian Innovators (CCI) and Liberal Cabinet officials. The Commissioner confirmed that the complaint was being investigated in a July 20, 2017 letter.

As of the end of March 2019, the Lobbying Commissioner had investigated and ruled on 14 other complaints and/or situations filed since September 2017 (two months after Democracy Watch filed its complaint about CCI’s lobbying).

“Democracy Watch’s July 2017 complaint provided detailed evidence to the Lobbying Commissioner, and the Commissioner is being completely negligent by continuing to fail to issue a ruling two-and-half years later,” said Duff Conacher, Co-founder of Democracy Watch. “The Lobbying Commissioner has issued rulings on more than a dozen complaints filed since September 2017, and so the Commissioner’s delay in ruling on Democracy Watch’s July 2017 complaint is completely unjustifiable, and likely linked to the fact that the Commissioner was handpicked by Prime Minister Trudeau.”

Democracy Watch has requested that the Lobbying Commissioner recuse herself from ruling on the situation because she was handpicked by Trudeau. Democracy Watch is challenging Lobbying Commissioner Bélanger’s appointment in the Federal Court of Appeal, with the hearing scheduled for January 28th. Democracy Watch is also challenging two rulings issued by Commissioner Belanger in Federal Court (see details here and here) and one ruling issued by former Commissioner Shepherd.

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 this 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, from January 2017 to November 2019, Minister of Foreign Affairs Chrystia Freeland (Ms. Freeland is now Deputy Prime Minister and Minister of Intergovernmental Affairs). 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 was 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.

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Government Ethics Campaign and Stop Bad Government Appointments Campaign

UCP Premier Kenney, his Cabinet and MLAs control whether CEO will be reappointed for another term next April – they fired Election Commissioner likely for ruling against UCP members

FOR IMMEDIATE RELEASE:
Tuesday, December 17, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to the Chief Electoral Officer (“CEO”) and Election Commissioner Glen Resler requesting that he stop making rulings on election and political finance violations, and not choose a new Election Commissioner, because he has an appearance of bias.

CEO Resler has this bias because he is currently essentially serving at the pleasure of UCP Premier Jason Kenney, his Cabinet and UCP MLAs. Under Alberta’s Election Act (subsection 3(3)), the seven UCP MLAs who form the majority on the 11-member legislative officer committee, along with Premier Kenney and his Cabinet, will decide whether Mr. Resler is reappointed for another term by next April, just four months from now.

As a result, CEO Resler has an incentive to make rulings that will please Premier Kenney, his Cabinet and MLA’s when ruling on the 76 situations now under investigation, including when ruling on the investigation mentioned in a Star Edmonton article into Jason Kenney’s leadership campaign for the United Conservative Party (UCP) concerning alleged violations of the Election Finances and Contributions Disclosure Act (EFCDA). CEO Resler also has a clear incentive to choose as Election Commissioner a person who will please the Kenney Cabinet and UCP MLAs.

CEO Resler knows that the Kenney Cabinet and UCP MLAs introduced and passed Bill 22 likely in part to fire Election Commissioner Lorne Gibson who, as of early November 2019, had issued more than $188,000 in fines concerning violations of the law during the UCP leadership race, as summarized in this CBC article and this Global News article and this CTV News article.

The Kenney Cabinet fired Election Commissioner Gibson through Bill 22 despite extensive public criticism, and even though Ethics Commissioner Marguerite Trussler ruled on November 21, 2019 that Kenney Cabinet ministers and UCP MLAs with associate(s) under investigation by the RCMP or Election Commissioner violated Alberta’s Conflicts of Interest Act if they discussed on voted on Bill 22, as that would further their private interest in escaping penalty by the Election Commissioner.

As a result, the firing of Election Commissioner Gibson is a clear threat to CEO Resler that ruling against the UCP in the next fourt months could cost him his job.

Law enforcement officers like CEO Resler are prohibited, under Supreme Court of Canada rulings, from having even an appearance of bias.

“The Chief Electoral Officer should stop making rulings on election violations because he knows that the UCP Kenney Cabinet fired the Election Commissioner likely because the Commissioner ruled against several UCP members, and he knows that the Cabinet and UCP MLAs have the power to fire him by next April, and so he has an incentive to please the Cabinet and UCP MLAs that taints any ruling he may make in the next few months,” said Duff Conacher, Co-founder of Democracy Watch.

“The Kenney Cabinet firing the Election Commissioner could easily change the rulings the Chief Electoral Officer makes in the next few months as he has an incentive to please the Cabinet given it will be deciding by next April whether he keeps his job for another term,” said Conacher.

Democracy Watch also recently called on the RCMP to investigate the Kenney Cabinet for obstruction of justice for firing Election Commissioner Gibson through Bill 22. Democracy Watch also called on the RCMP to insist that a special prosecutor be appointed to oversee the investigation, as it is a clear conflict of interest for Attorney General Doug Schweitzer or his deputy minister (who serves at his pleasure) to oversee an investigation of the Kenney Cabinet.

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Stop Unfair Law Enforcement Campaign and Government Ethics Campaign

Federal Court ruling also extended lobbying disclosure and ethics rules to many more business, union and organization board members, and expanded Lobbying Commissioner’s investigation mandate

FOR IMMEDIATE RELEASE:
Thursday, December 12, 2019

OTTAWA – Today, the Trudeau Liberals’ appeal of the Federal Court ruling that Democracy Watch won at the end of last March that ordered the federal Commissioner of Lobbying to investigate further the Aga Khan’s Bahamas trip gift to Prime Minister Trudeau is being heard by Federal Court of the Appeal in Ottawa. Sebastian Spano is representing Democracy Watch in the appeal, which is Court File #A-159-19.

The Lobbyists’ Code, which the Commissioner enforces, prohibits lobbyists registered under the Lobbying Act from doing anything for, or giving anything to, anyone they are lobbying, and requires compliance with several strongly worded principles.

Former Commissioner of Lobbying Karen Shepherd’s secret September 2017 ruling stated even though the Aga Khan was lobbying the PM, and is chair of the Aga Khan Foundation, which is registered to lobby the PM, because someone at the Foundation claimed the Aga Khan wasn’t paid to lobby for it, the Lobbying Act and Lobbyists’ Code of Conduct were not violated.

The Federal Court ruling rejected Commissioner Shepherd’s ruling as “unreasonable” because it was “a narrow, technical, and targeted analysis that is lacking in transparency, justification, and intelligibility when considered in the context the Commissioner’s duties and functions” (para. 146). As a result, the court ordered the Commissioner of Lobbying (now Nancy Bélanger) to re-examine the actions of everyone at the Aga Khan Foundation with “a broad view of the circumstances.”

Democracy Watch is arguing that the Federal Court’s ruling properly required that the Commissioner investigate everyone at the Aga Khan Foundation, especially the senior officer who is required to ensure that everyone at the foundation complies with the lobbying law and code. Democracy Watch also supports the parts of the Federal Court ruling that extended the federal lobbying law and code to cover essentially all board members of businesses, unions and other organizations, and that strengthened the requirement that the Commissioner of Lobbying investigate any situation that raises questions about possible violations.

The Trudeau government, represented by the Attorney General of Canada, is arguing that Commissioner Shepherd’s decision to stop her investigation and clear the Aga Khan was reasonable, and that the Federal Court’s ruling should have respected the Commissioner’s authority and not overruled her decision. The Trudeau government also argues that parts of the Federal Court’s ruling were improper because they extended the lobbying law’s disclosure and enforcement requirements further than Parliament intended.

“By appealing the Federal Court’s ruling, the Trudeau Liberals are wasting taxpayers’ money on protecting Trudeau’s old family friend the Aga Khan from accountability for unethical lobbying,” said Duff Conacher, Co-founder of Democracy Watch. “The Trudeau Liberals’ appeal of this case also supports allowing many board members of businesses, unions and other organizations to continue lobbying in secret, and allowing the Lobbying Commissioner to continue her negligently weak enforcement of the federal lobbying law and code.”

The Federal Court ruling also greatly broadened the scope of the Lobbying Act to cover board members of businesses and other organizations who are compensated in any way or receive “anything of value” – including even the value of being given a position as a member of board (paras. 134-143). Up to now, the Lobbying Commissioner has interpreted the Act as requiring board members to disclose their lobbying in the Registry of Lobbyists only if they were paid more than their expenses. The Federal Court rejected that narrow interpretation.

The Federal Court’s ruling also required the Commissioner of Lobbying to investigate and issue a public ruling whenever there are “potential compliance questions” (para. 133) concerning the actions of anyone, or any business or organization that relate to the requirements of the Lobbying Act or Lobbyists’ Code (paras. 127-134). In the past, the Lobbying Commissioner has regularly ignored situations that raised such questions.

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Government Ethics Campaign

Steve Allan campaigned for Schweitzer, and donated to him directly, and courts and others have ruled that creates a conflict of interest

FOR IMMEDIATE RELEASE:
Wednesday, December 11, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to Alberta Ethics Commissioner Marguerite Trussler calling on her to issue a public ruling on Minister of Justice and Solicitor General Doug Schweitzer recommending the appointment of Steve Allan to a $290,000 job as commissioner heading up the inquiry into foreign-funding of environmental groups, given Allan assisted Minister Schweitzer in his election campaign.

Subsection 2(1) and 3 of Alberta’s Conflicts of Interest Act prohibits a Minister from influencing or taking part in a decision when knowing that the decision might further the interests of a person directly associated with the Minister or improperly further someone else’s interests.

According to a recent CBC article, Steve Allan participated in the invitation for a nomination race campaign event for Minister Schweitzer in July 2018, which was distributed to invitees by Minister Schweitzer’s assistant at Denton’s law firm, where he was a lawyer at the time. Mr. Allan also sent an April 2019 email to several associates urging them to vote for Minister Schweitzer in the Alberta provincial election, an email that said, in part, “If the UCP wins, there is an excellent chance Doug will be in Cabinet.” Mr. Allan also donated $1,000 to Minister Schweitzer’s UCP leadership campaign.

By assisting Minister Schweitzer’s election efforts in these ways, Mr. Allan created a sense of obligation on the part of Minister Schweitzer to return the favour, which recommending Mr. Allan to a position that pay $290,000 definitely did. In this way, Minister Schweitzer improperly further Mr. Allan’s private interests.

As a result, as pages 3-9 of Democracy Watch’s complaint letter set out, based on a 1993 ruling by B.C.’s Conflict of Interest Commissioner about people assisting with a Minister’s election campaign (especially p. 31, and pp. 34-39), and the unanimous Federal Court of Appeal ruling Democracy Watch won in 2009 (paras. 52-53), and a related federal lobbying rule, and past rulings concerning what are improper actions are by politicians by the federal and Ontario ethics commissioners, Democracy Watch’s position is that Minister Schweitzer violated the Conflict of Interest Act by participating in the appointment of Steve Allan.

Ethics Commissioner Trussler is not required to investigate, but Democracy Watch’s position is that it would be simply negligent for her to fail to do so given the clear evidence that Minister Schweitzer and Mr. Allan are directly associated, and that Mr. Allan provided significant assistance to Minister Schweitzer’s election efforts.

“Given the clear evidence set out in Democracy Watch’s complaint, hopefully Ethics Commissioner Trussler will do the right thing and issue a public ruling very soon finding that Minister Schweitzer violated the provincial ethics law by participating in the decision to appoint Steve Allan as inquiry commissioner,” said Duff Conacher, Co-founder of Democracy Watch.

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Government Ethics Campaign

Rickford had energy company investments when he was federal natural resources minister – loopholes in Ontario’s ethics law allows such investments, in secret

Rickford cited a climate-change denial blog when defending $231 million cost of dismantling Ontario’s renewable energy sector

FOR IMMEDIATE RELEASE:
Monday, December 9, 2019

OTTAWA – Today, Democracy Watch released the letter it sent to Greg Rickford, Ontario’s Minister of Energy, Northern Development and Mines, calling on him to disclose whether he has investments in energy and mining companies. When he was federal natural resources minister, Rickford had investments in an elite hedge fund that held shares in the energy companies he oversaw.

In his 2018 Public Disclosure Statement in the Integrity Commissioner’s Public Registry, Minister Rickford said he had received “Director’s Fees” from Noront Resources Ltd., a Canadian mining company that holds 72% of all claims in northern Ontario’s Ring of Fire area. Minister Rickford was on the board of Noront in 2017.

Minister Rickford recently cited a climate-change denying blog when defending the $231-million cost to taxpayers of dismantling Ontario’s renewable energy sector by cancelling 758 government contracts. Ontario’s Auditor General recently concluded that the Ford government’s climate change emissions plan will fail, and “did not use best practices.”

Democracy Watch also called on Premier Ford and all his ministers and Cabinet staff to disclose any secret investments they hold in all mutual funds and other securities, as the public has a right to know all their financial conflicts of interest.

Ontario’s government ethics law has a huge loophole that allows Cabinet ministers, Cabinet staff, and MPPs to own shares in a mutual fund in secret, even if the fund invests in companies the minister and/or their staff oversee (See subsection 21(4), para. 9 of the Members’ Integrity Act and subsection 11(2), para. 1 of O.Reg. 382/07 under the Public Service of Ontario Act). The federal government’s ethics law has the same loophole.

“Energy and mines minister Greg Rickford needs to clear the air about whether he is still secretly invested in energy and mining companies, as he was on the board of an Ontario mining company, and he owned energy company stocks when he was federal natural resources ministers, and he recently cited a climate-change denying blog when defending dismantling Ontario’s renewable energy industry at a cost to taxpayers of $231 million,” said Duff Conacher, Co-founder of Democracy Watch. “Premier Ford, his Cabinet ministers, and Cabinet staff must also all come clean about whether they have secret investments in companies – the public has a right to know even though a huge loophole in Ontario’s government ethics law allows them to have secret investments.”

“Like Premier Ford’s trust, any ministers’ so-called blind trust doesn’t do anything to prevent them from helping the companies they are invested in because they know that they own the investments, and they choose their own trustee, and they receive annual updates from the trustee,” said Conacher. “To have an effective government ethics system, politicians, their staff and top government officials must be prohibited from having investments in businesses in any way, and if they can’t sell their investments for any reason they must be prohibited from participating in any decision-making process that affects their investments in any way.”

Democracy Watch recently sent a letter to Integrity Commissioner J. David Wake calling on him to confirm with a clear, strong, public statements that key rules set out in the Preamble of the Act are enforceable. The rules require all MPPs to perform their duties and arrange their private affairs “in a manner that promotes public confidence in the integrity of each member” and to “to act with integrity and impartiality that will bear the closest scrutiny.”

Democracy Watch’s letter also called on Commissioner Wake to issue a clear, strong, public statement calling on the Ontario legislature to change the Act to ban so-called blind trusts because they are a charade (as the Parker Commission recommended in 1987), and to close a huge loophole that means the Act doesn’t apply to 99% of the decisions of MPPs and allows them, the Premier and Cabinet ministers to take part in decisions even when they will profit from the decision.

“Ontario’s ethics law for politicians has huge loopholes that must be closed or it will continue to be almost impossible to be in a conflict of interest that violates the law,” said Conacher.

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Government Ethics Campaign

Ethics Commissioner has already concluded that Kenney Cabinet ministers with associates being investigated by Election Commissioner violated ethics law if they discussed or voted on Bill 22 firing

Election Commissioner’s investigations of UCP are judicial proceedings, and even an unsuccessful attempt to obstruct violates the Criminal Code

FOR IMMEDIATE RELEASE:
Wednesday, December 4, 2019

OTTAWA – Today, Democracy Watch released the letter it has sent to the Alberta RCMP through the Edmonton Police Service requesting an investigation, overseen by a special prosecutor, into whether the Kenney Cabinet obstructed justice by firing Election Commissioner Lorne Gibson.

Criminal Code subsection 139(2) prohibits attempting to obstruct, pervert or defeat a judicial proceeding, including by a tribunal like the Election Commissioner (as defined in section 118). The Supreme Court of Canada ruled in 2011 in the R. v. Barros case that that the prohibition is broad, and that an attempt does not have to succeed to be a violation (para. 46).

According to a Star Edmonton article, in August 2019 Election Commissioner Gibson was investigating Jason Kenney’s leadership campaign for the United Conservative Party (UCP) concerning alleged violations of the Election Finances and Contributions Disclosure Act (EFCDA). There has been no public indication from the Election Commissioner that this investigation has concluded. According to an Edmonton Journal article, there are currently 76 complaints to Alberta’s Election Commissioner awaiting assignment.

As of early November 2019, Election Commissioner Gibson had issued more than $188,000 in fines concerning violations of the law during the UCP leadership race, as summarized in this CBC article and this Global News article and this CTV News article.

On November 18, 2019, the Kenney Cabinet introduced Bill 22 which, among other changes, fired Election Commissioner Gibson. The Cabinet shoved the Bill through in only three days. While Premier Kenney and various Cabinet ministers claimed that the change would save money, in fact Chief Electoral Officer Glen Resler confirmed that there will be no savings as he intended to appoint a new Election Commissioner, and was requesting more money for investigations in next year’s budget than Commissioner Gibson had proposed.

Ethics Commissioner Marguerite Trussler ruled on November 21, 2019 that Kenney Cabinet ministers and UCP MLAs with associate(s) under investigation by the RCMP or Election Commissioner violated Alberta’s Conflicts of Interest Act if they discussed on voted on Bill 22, as that would further their private interest in escaping penalty by the Election Commissioner. This ruling is a clear indication that their actions warrant investigation, as helping someone escape a penalty for a violation fairly clearly amounts to an intentional obstruction of justice.

The firing of Election Commissioner Gibson was also a clear threat to CEO Resler that ruling against the UCP could cost him his job, as the Kenney Cabinet will decide by next April whether to re-appoint Mr. Resler for another term.

“The Kenney Cabinet firing the Election Commissioner was like firing a top police investigator and a judge to try to stop trials of people associated with the Cabinet,” said Duff Conacher, Co-founder of Democracy Watch. “As a result, Democracy Watch’s opinion is that an obstruction of justice investigation is warranted because the Kenney Cabinet unethically made false claims about its reasons for firing the Election Commissioner who was investigating Premier Kenney’s leadership campaign for violations and had found several UCP members guilty of violating the law.”

“The Kenney Cabinet firing the Election Commissioner will likely change the outcome of some investigations as interim Commissioner and Chief Electoral Officer Glen Resler knows that the Cabinet will be deciding by next April whether he keeps his job for another term,” said Conacher.

Democracy Watch called on the RCMP to insist that a special prosecutor be appointed to oversee the investigation, as it is a clear conflict of interest for Attorney General Doug Schweitzer or his deputy minister (who serves at his pleasure) to oversee an investigation of the Kenney Cabinet. The special prosecutor should not be chosen by the Attorney General, his deputy minister, or any Kenney Cabinet minister or deputy minister, as they would all have a conflict of interest in making the appointment.

“A special prosecutor is needed to oversee the investigation of the Kenney Cabinet for possible obstruction of justice, and no Cabinet minister nor anyone who serves at the pleasure of the Cabinet can be involved in choosing the prosecutor as they all have a conflict of interest,” said Conacher.

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Stop Unfair Law Enforcement Campaign

So-called “blind” trust is a sham as Premier Ford still knows he owns the companies, and he tried to help clients of his family company when he was a Toronto city councilor – strong fairness monitor and regular audits needed

DWatch also calls on Commissioner to issue public guidelines for key ethics rules, and to recommend strongly that key, unethical loopholes be closed

FOR IMMEDIATE RELEASE:
Wednesday, November 27, 2019

OTTAWA – Today, Democracy Watch released the letter it sent to Ontario Integrity Commissioner David Wake calling on him to update Premier Ford’s financial interests disclosure statement immediately, and also impose further conditions on his trust for his family business, and call for key changes to close huge loopholes in the province government’s ethics law.

According to a recent article in the Globe and Mail, Premier Ford’s family company changed its name to Deco Flexible Packaging Ltd. on August 9, 2019. As well, Premier Ford’s June 7, 2018 Public Disclosure Statement says that he was earning a salary from Deco Adhesive Products (1985) Limited, and from Deco Labels & Tags Ltd.

The Premier is required by subsection 20(4) of the Members’ Integrity Act to update the Integrity Commissioner within 30 days after a change in his and his spouse’s and dependants’ financial interests, and the Integrity Commissioner is responsible for preparing and posting MPPs’ statements in the Public Registry. Accurate statements are key for government officials, the public and the media to be able to monitor for conflicts of interests.

“Premier Ford’s financial interests statement says he is receiving a salary from family businesses under their old company names, and if he failed to update the Integrity Commissioner about the name and any salary changes he should be found guilty of violating the provincial government’s ethics law,” said Duff Conacher, Co-founder of Democracy Watch. “If Premier Ford did update the Integrity Commissioner about the name change and any salary changes, then the Integrity Commissioner should have updated Premier Ford’s statement immediately.”

Democracy Watch’s letter also calls on Commissioner Wake to use his powers under the Members’ Integrity Act (“Act”) to require Premier Ford to do much more than set up a so-called “blind” trust for his family companies in order to prevent conflicts of interest. Under subsection 12(2) of the Act (referring to clause 11(3)(1)), Commissioner Wake must approve the provisions of any trust to ensure it will actually prevent conflicts of interest.

“A so-called blind trust for Premier Ford doesn’t do anything to prevent him from helping his family companies because he knows that he owns the companies, and he receives updates from his family and trustee about the companies, and so the Integrity Commissioner must impose other strong enforcement measures to ensure Premier Ford and his family’s companies and their clients don’t profit from his or his Cabinet’s decisions,” said Conacher.

Democracy Watch called on Commissioner Wake to require a fairness monitor as part of the provisions of Premier Ford’s trust for all government policy-making processes and transactions that directly or indirectly affect Premier Ford’s family companies and/or clients of the companies. Democracy Watch also called on Commissioner Wake, or the fairness monitor, to conduct regular audits of all communications of Premier Ford and staff in his office, to ensure they don’t try to influence decisions to favour his companies or their clients.

These measures are needed not only because Premier Ford’s conflicts of interest won’t be prevented without them, but also because Premier Ford was found guilty of violating Toronto’s ethics code for trying to help his company’s clients when he was a councilor.

“Premier Ford’s past record of violating government ethics rules makes it clear that strict and strong extra measures are needed to ensure he doesn’t try to profit from his decisions as premier,” said Conacher.

Democracy Watch’s letter also calls on Commissioner Wake to confirm with a clear, strong, public statements that key rules set out in the Preamble of the Act are enforceable. The rules require all MPPs to perform their duties and arrange their private affairs “in a manner that promotes public confidence in the integrity of each member” and to “to act with integrity and impartiality that will bear the closest scrutiny.”

Finally, Democracy Watch’s letter calls on Commissioner Wake to issue a clear, strong, public statement calling on the Ontario legislature to change the Act to ban so-called blind trusts because they are a charade (as the Parker Commission recommended in 1987), and to close a huge loophole that means the Act doesn’t apply to 99% of the decisions of MPPs and allows them, the Premier and Cabinet ministers to take part in decisions even when they will profit from the decision.

“Ontario’s ethics law for politicians has huge loopholes that must be closed or it will continue to be almost impossible to be in a conflict of interest that violates the law,” said Conacher.

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Government Ethics Campaign

Three years after rules changed, Integrity Commissioner has finally issued a guideline on the rule prohibiting lobbyists from lobbying after political activities

FOR IMMEDIATE RELEASE:
Thursday, November 14, 2019

OTTAWA – Today, Democracy Watch called on Ontario Integrity Commissioner David Wake to issue public rulings on lobbyists who worked in senior roles on Doug Ford’s and the Progressive Conservative Party of Ontario’s (PC Party) election campaign and/or fundraised for or advised Ford and the PCs since the election, and are now lobbying Ford and/or his Cabinet ministers.

It has been illegal under Ontario’s Lobbyists Registration Act (LR Act) since July 1, 2016 (when a new rule was enacted) 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.

Sometime since last July when Democracy Watch publicly criticized his negligence in failing to issue a guideline on this rule for the past three years, and since Michelle Renaud, a spokesperson for the Integrity Commissioner was quoted in a Globe and Mail article claiming that the rule does “not lend itself to a generalized interpretation bulletin,” Integrity Commissioner Wake finally issued a Guidance for Lobbyists on Political Activity document.

However, the Guidance document is vague, especially concerning the time period lobbyists must stop lobbying after assisting an election candidate or politician. In contrast, the federal Commissioner of Lobbying’s Guidance document on lobbyist political activities states clearly that if a lobbyist does anything significant for a politician then they can’t lobby for four years – a “full election cycle.”

The only clue to Integrity Commissioner Wake’s standard for a cooling-off period for a lobbyist who assists a politician are that Chris Froggatt, who was vice-chair of Ford’s and the PC Party’s election campaign, told the Globe last July that he was advised by the Integrity Commissioner to refrain from lobbying for one year after the Ford government took power. And in that same Globe article Kory Teneycke, who also played a senior role in the PC’s election campaign, was paraphrased as saying the Integrity Commissioner had advised him not to lobby the Premier, his office or the Cabinet office. Both Froggatt and Teneycke also continue to serve as senior advisers to Premier Ford and the PC Party.

The Integrity Commissioner claimed in his 2018-2019 Annual Report (p. 47) that the advisory opinions he gives to lobbyists under section 15 of the LR Act are confidential, but there is nothing in that section or any other section of the LR Act that requires them to be kept secret. They are actually rulings by the Integrity Commissioner, and the public has a right to know how the Commissioner has ruled on lobbyists’ actions. The 2018-2019 Annual Report states that the Commissioner issued 16 advisory opinions to lobbyists who had been politically active before the election (see p. 46).

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, Democracy Watch’s position is that the conflict of interest created by playing a senior role in a politician’s or party’s election campaign or serving as an advisor afterwards does not magically disappear after one year – it lasts at least four years after the lobbyist has helped the politician or party, past the next election if the politician remains in power.

If the politician is the Premier, Democracy Watch’s position is that the conflict of interest lasts even longer because it is a very significant favour to help someone become Premier with all the power, pay and perks that position entails. Democracy Watch’s position is also that assisting a party leader with their election campaign, or providing ongoing assistance after the election, creates a conflict of interest that applies to the entire Cabinet, as the Premier chooses each Cabinet minister and they all serve at the pleasure of the Premier, so they all share the Premier’s conflict of interest.

As a result, Democracy Watch’s position is that anyone who worked on the PC Party campaign, or is serving in a senior position or advising the Premier or the PC Party now, is prohibited by the rule in the LR Act from lobbying the Premier and any of his Cabinet ministers.

Democracy Watch filed a complaint last June with Integrity Commissioner Wake about lobbyists Chris Benedetti, Paul Pellegrini and Matthew Gibson of Sussex Strategy Group violating the rule by being on the organizing committee for Premier Ford’s February “2019 Toronto Leader’s Dinner” fundraising event. And Democracy Watch also filed a complaint last July about lobbyist Melissa Lantsman, who is lobbying the Ford government after advising Doug Ford and the Progressive Conservative Party (PC Party) during the spring 2018 provincial election campaign, serving on Ford’s transition team, and serving currently as Regional Vice President for Toronto for the PC Party.

Democracy Watch plans to file complaints with the Integrity Commissioner about Chris Froggatt and Kory Teneycke and the lobbyists they employ at their firms.

“Given the clear evidence set out in Democracy Watch’s complaints, hopefully Integrity Commissioner Wake will do the right thing and issue public rulings very soon finding that everyone who worked for Doug Ford or PC Party headquarters during the spring 2018 election campaign or continues to serve the party or Premier Ford as an adviser, fundraiser or representative, violates the conflict of interest rule in the lobbying law if they lobby Premier Ford or any of his Cabinet ministers,” said Duff Conacher, Co-founder of Democracy Watch. “The public has a clear right to know whether its watchdog has found lobbyists guilty of violating the rules when lobbying the public’s politicians, and government watchdogs must also issue public rulings so the public can be sure they are enforcing the law fairly and properly.”

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FOR MORE INFORMATION, CONTACT:
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca

Democracy Watch’s Government Ethics Campaign