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How to reform political finance across Canada democratically


The following op-ed by Democracy Watch co-founder Duff Conacher, was published in the Hill Times on April 11, 2016 and on Rabble.ca on April 14, 2016.


Some recent commentary on reforming political finance across Canada has unfortunately included incomplete proposals that won’t stop big money from corrupting Canadian politics.

The most questionable claim by some commentators is that the federal law is the best model. While the federal government banned corporate and union donations in 2007, its $3,050 annual donation limit for individuals ($1,525 to a party and the same amount to its riding associations) is much more than any average person can afford – given that the average annual income in Canada is only about $40,000.

As a result, wealthy people can still use money as an unethical way to influence federal parties and politicians, especially since they can hedge their bets by giving the $3,050 amount to more than one party. That high donation limit also facilitates businesses, unions and other organizations getting around the ban by funneling donations through their executives – 10 executives giving the maximum adds up to a $30,500 donation.

Some have proposed that requiring donors to identify their employer would stop this funneling. However, donors would claim they were not forced by their organization to give the money, and no one would be able to prove otherwise, or they would funnel donations through their family members further hiding the source of the money.

Quebec learned this the hard way, as few have been charged in its corruption scandal even though an Elections Quebec audit found $12.8 million in likely funneled donations from 2006-2011. To stop the corruption, in 2013 Quebec lowered its individual donation limit to $100 annually, and required donations to be verified by Elections Quebec before being transferred to parties and candidates.

Some party leaders and other politicians, and some commentators, claim political parties wouldn’t have the money they need to operate under the Quebec limit. They conveniently fail to mention other elements of Quebec’s world-leading system.

Quebec also has $1.50 per-vote annual funding for political parties (as do four other provinces, and so did the federal level before the Harper Conservatives eliminated it) and public funding that matches the first $200,000 raised by a political party, and $20,000 raised by an election candidate. These amounts close the gap left by ending undemocratic large donations from wealthy interests.

Some commentators argue against the per-vote subsidy – even though it most closely upholds the key democratic principle of one-person, one-vote – by making the absurd claim that it forces voters to give money to parties they don’t support. Actually, the $1-2 amount comes from the taxes everyone pays and goes only to the party each person supports (and only if they vote).

Matching funds raised is also more democratic than other options as a party or candidate needs the support of many voters in order to access significant funds, and the matching helps equalize the funding available to all.

True, the per-vote subsidy should not be too high – no party should receive more than one-half of its annual funding from it to ensure the parties can’t unjustifiably prosper by baiting voters with false promises to boost their support during an election.

Many commentators also ignore the fact that the current voting system and other subsidies shift a lot of taxpayer money in undemocratic directions. For example, in the 2011 federal election the Conservatives received 24 MPs more than they deserved (they received 39.6 percent of the vote, but 54 percent of the MPs). Each of those MPs received about $440,000 annually in salary and for their offices, so the Conservatives received an undemocratic subsidy of $10.5 million every year until the 2015 election. Now the Liberals are receiving roughly the same amount as an unfair subsidy.

As well, the average individual donation to each federal party is only $100-250 yet people who donate up to $400 receive a 75% tax deduction. Even worse, wealthy people who can afford to donate between $1,275 and the maximum donation allowed of $1,525 receive the huge subsidy of almost half that total ($650) as a tax deduction. These taxpayer-funded subsidies add up to more than $20 million annually for all parties.

Compared to these subsidies, it is much more democratic to have a combination of a base amount from a per-vote subsidy for parties, only individuals allowed to donate only a small amount (verified by the election watchdog agency), and matching public funding. Such a system also ensures only parties that continue to appeal to voters in between elections will prosper financially.

Some parties and candidates will continue to claim they need more money to reach and engage with voters even though there is little evidence to back their claims, especially given the relatively low-cost, broad reach of email and social media.

If anything, the reimbursement of half their election expenses that federal parties and candidates receive for obtaining a very low percentage of the vote should be reduced. Federal parties are given 50% of their election expenses if the party receives 2% or more of the national vote (or 5% or more of the vote in any riding), and election candidates get back 60% of their expenses if they receive 10% or more of their riding vote. These subsidies total about 60% of the total amount spent by all parties and candidates each election (about $30 million alone for an average federal election).

Six out of 10 provinces have similar party and candidate election expense subsidies, while two provinces only subsidize candidates – only B.C. and Alberta and the three territories don’t provide them.

Other key changes needed to stop big money include limiting loans as strictly as donations. Currently, financial institutions (and in some jurisdictions also businesses, unions and individuals) can loan unlimited amounts to parties and candidates.

Spending on advertising by third party interest groups must be limited leading up to election day – only the federal government, B.C., Manitoba, New Brunswick, Nova Scotia and Quebec currently have such limits – and each third party should have to prove that its members (or, in the case of a business, shareholders) approved the spending.

Election and ethics watchdogs must be required to do regular audits, including of politicians’ bank accounts, to ensure everyone follows all the rules. Disclosure of all donations and gifts of money, property, services and volunteer labour given to any party, riding association, politician, nomination race, election or party leadership candidate, including the identity of the donor’s employer, and board and executive affiliations (and the identity of organizers of any fundraising event);

Finally, to ensure fair issue debates in between elections, we should start with requiring disclosure of how much any individual or interest group spends on each issue campaign, and their funding sources. If that reveals a huge disparity in funding, and funding sources, then donations to issue campaigns, or at least paid campaign ads, should also be limited.

These changes won’t stop bribery but they will discourage it by making it more clearly illegal, and by increasing the chances of getting caught. Until all Canadian jurisdictions (federal, provincial, territorial and municipal) make these changes, big money will continue to dominate, and corrupt, our politics.

Will Prime Minister Trudeau enforce his own code rule that prohibits ministers fundraising from stakeholders?

Will federal Ethics Commissioner enforce federal ethics rule that prohibits politicians from accepting gifts that might influence them – and rule that donations at private fundraising events are illegal gifts?

Ethics Commissioner must also investigate and publicly disclose identities of all who have donated at the exclusive events, and must monitor all policy-making processes that affect the donors to ensure no preferential treatment occurs

Federal government must also make same world-leading changes to political donations laws as Quebec made in 2013

FOR IMMEDIATE RELEASE:
Wednesday, April 6, 2016

OTTAWA – Today, Democracy Watch called on Prime Minister Trudeau to enforce the rule in his Open and Accountable Government code for ministers that prohibits ministers from fundraising from department stakeholders. The rules are in Annex B and state:

“Ministers and Parliamentary Secretaries should ensure that the solicitation of political contributions on their behalf does not target:
  –  departmental stakeholders, or
  –  other lobbyists and employees of lobbying firms.”

and

“Ministers and Parliamentary Secretaries must avoid conflict of interest, the appearance of conflict of interest and situations that have the potential to involve conflicts of interest.”

Justice Minister Jody Wilson-Raybould is scheduled to attend a $500-a-ticket private, exclusive fundraising event at a law firm in Toronto on Thursday. This event clearly violates the rules in Prime Minister Trudeau’s code. Will he enforce his own rules?

Democracy Watch also called on federal Ethics Commissioner Mary Dawson to do her job properly, finally, by issuing a ruling prohibiting politicians from taking part in private, exclusive fundraising events because they violate the rules in the Conflict of Interest Act (subsection 11(1)) and the Conflict of Interest Code for Members of the House of Commons (subsection 14(1)) that prohibit federal ministers and MPs from accepting gifts or other benefits “that might reasonably be seen to have been given to influence” them. Section 16 of the Act also states public office holders can’t “personally solicit funds from any person or organization if it would place the public office holder in a conflict of interest.

As well, the federal Ethics Commissioner must investigate how many private, exclusive high-priced events have occurred since July 2007 when the Conflict of Interest Act came into force. There is no limitation period on violations of the Act, and so the Commissioner should investigate and obtain and release the list of donors to all the events that have happened, and also investigate and monitor all policy-making processes that affect the donors to ensure no preferential treatment occurs (preferential treatment is illegal under section 7 of the Conflict of Interest Act).

“Big donations made at private fundraising events where the politician is essentially selling access to themselves are a clear violation of federal ethics rules that prohibit ministers and MPs from accepting gifts or benefits that might influence them,” said Duff Conacher, Co-founder of Democracy Watch and Visiting Professor and LL.M. candidate at the University of Ottawa. “If Ethics Commissioner Dawson doesn’t issue a ruling that these unethical fundraising events are illegal, and investigate all such events in recent years, she will not only be negligently ignoring the law she will also be approving corrupting relationships between donors and politicians.”

Democracy Watch is not claiming that all fundraising events are illegal — just high-priced, private, exclusive events where politicians sell access to themselves in return for a donation, as the Globe and Mail and the Toronto Star have recently revealed are happening frequently in Ontario and B.C. (and they happen across the country at all levels of government). Low-priced, large, public events at which no one gets special access to the politician are clearly legal under the conflict-of-interest rules because the donation is not made to gain access to the politician.

While the donations for a high-priced, private, exclusive event go to a party or riding association, access to the politician is part of the ticket price for these exclusive events (which connects the donation to their position as a politician); the politician takes part in directing the spending of the money (as the party leader or local politician for the riding association), and; at least some of the donated money is spent on the politician’s re-election campaign. As a result, the politician is receiving part of a donation made because the politician attended an event – and therefore the politician is receiving an illegal gift.

“Any politician who claims that the donations are funneled to a party or riding association before they are used for the politician’s election campaign, and therefore selling access to themselves is fine, is hiding behind an unethical façade,” said Conacher. “If Ethics Commissioner Dawson has integrity she will end this unethical charade by issuing a ruling that exclusive, high-priced fundraising events violate the federal ethics rule that prohibits politicians from accepting gifts that could influence them.”

Democracy Watch also called on federal parties to make the same world-leading changes to the federal political donation system as Quebec made in 2013, along with other key changes.

While the federal government banned corporate and union donations, it still allows undemocratically high donations that only wealthy people can afford ($1,525 annually to each party, and another $1,525 combined total to each party’s riding associations). As Quebec’s corruption scandal showed, these high donation limits facilitate corporations and unions funneling donations through their executives and/or employees. Few have been charged in its corruption scandal even though an Elections Quebec audit found $12.8 million in likely funneled donations from 2006-2011.

“Any political party that refuses to support these changes is essentially admitting they are up for sale and that they approve of the corrupt best-government-money-can-buy approach to politics,” said Conacher.

The key changes that to democratize the federal political finance systems are as follows:

  1. a limit on annual donations by individuals to each party of $100-200 annually (Quebec’s limit is $100) with donations routed through the election watchdog agency (as in Quebec);
  2. a prohibition on loans to political parties, riding associations and candidates, except from a public fund (with loans limited to the average annual amount of donations received during the previous two years);
  3. a limit on spending by nomination race and party leadership candidates;
  4. if an election is held on the fixed election date, a limit on paid issue and campaign advertising spending by individuals and third party interest groups during the 4-month period before election day;
  5. disclosure of amounts spent by individuals and third party interest groups on issue campaigns in between elections, and disclosure of the source of their funding;
  6. disclosure of all donations and gifts of money, property, services and volunteer labour given to any party, riding association, politician, nomination race, election or party leadership candidate, including the identity of the donor’s employer, and board and executive affiliations (and the identity of organizers of any fundraising event);
  7. a base amount of annual public funding for parties based on each vote received during the last election (no more than $1 per vote, with a portion required to be shared with riding associations);
  8. annual public funding for parties matching the first $100,000-$200,000 raised (as in Quebec);
  9. public funding for candidates matching the first $20,000 raised (as in Quebec), and;
  10. a requirement that election, donation and ethics watchdogs conduct and release the results of annual random audits to ensure everyone is following all the rules.

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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 Money in Politics Campaign
Democracy Watch’s Government Ethics Campaign

Group calls on Ontario and B.C. and all other ethics commissioners to stop unethical fundraising events by premiers and Cabinet ministers by issuing ruling that the events are illegal

Conflict-of-interest laws across country prohibit politicians from accepting gifts connected with their position — donations at private fundraising events are illegal gifts

Ethics commissioners must also investigate and publicly disclose identities of all who have donated at the exclusive events, and must monitor all policy-making processes that affect the donors to ensure no preferential treatment occurs

All governments must also make same world-leading changes to political donations laws as Quebec made in 2013

FOR IMMEDIATE RELEASE:
Thursday, March 31, 2016

OTTAWA – Today, Democracy Watch called on the Ontario and B.C. ethics commissioners, and ethics commissioners across the country, to do their jobs properly by issuing rulings prohibiting politicians from taking part in private fundraising events because they violate the rules in conflict-of-interest laws across Canada that prohibit politicians from accepting gifts connected with their positions. The request has been sent to every ethics commissioner in Canada (federal, provincial and territorial).

“Big donations made at private fundraising events where the politician is essentially selling access to themselves are a clear violation of conflict-of-interest laws that prohibit politicians across Canada from accepting gifts connected with their positions,” said Duff Conacher, Co-founder of Democracy Watch and Visiting Professor and LL.M. candidate at the University of Ottawa. “If ethics commissioners across Canada don’t issue rulings that these unethical fundraising events are illegal, they will not only be negligently ignoring the law they will also be approving corrupting relationships between donors and politicians.”

Democracy Watch also called on all ethics commissioners to investigate whether such events have occurred, and if they have to obtain and release the list of donors to the events, and to monitor all policy-making processes that affect the donors to ensure no preferential treatment occurs.

Democracy Watch is not claiming that all fundraising events are illegal — just high-priced, exclusive events where politicians sell access to themselves in return for a donation, as the Globe and Mail and the Toronto Star have recently revealed are happening frequently in Ontario and B.C. (and they happen across the country at all levels of government). Low-priced, large, public events at which no one gets special access to the politician are clearly legal under the conflict-of-interest laws because the donation is not made to gain access to the politician.

The federal, provincial and territorial conflict-of-interest laws all have the same provision that says politicians cannot accept any gift or benefit “directly or indirectly” connected to their position or “that might reasonably be seen to be given to influence” them (for example, see Ontario’s rule here and B.C.’s rule here). While the donations go to a party or riding association, access to the politician is part of the ticket price for these exclusive events (which connects the donation to their position as a politician); the politician takes part in directing the spending of the money (as the party leader or local politician for the riding association), and; at least some of the donated money is spent on the politician’s re-election campaign. As a result, the politician is receiving part of a donation made because the politician attended an event – and therefore the politician is receiving an illegal gift.

“Any politician who claims that the donations are funnelled to a party or riding association before they are used for the politician’s election campaign, and therefore selling access to themselves is fine, is hiding behind a corrupt façade,” said Conacher. “Any ethics commissioner with integrity will end this unethical charade by issuing a ruling that exclusive, high-priced fundraising events violate the rule that prohibits receiving gifts that is in every conflict of interest law across Canada.”

Democracy Watch also called on governments across the country to make the same world-leading changes to their political donation systems (federal, provincial, territorial, and municipal in each province and territory) as Quebec made in 2013, along with other key changes.

Political finance systems across Canada, other than Quebec’s provincial system, are all undemocratic in various ways. B.C., Newfoundland and Labrador, Prince Edward Island, and the Yukon are the worst as they allow unlimited donations from corporations, unions and other organizations, and individuals, even if they are not located in or don’t live in the jurisdiction. Saskatchewan is almost as bad, with the only difference being that individual donors have to be a Canadian citizen.

Ontario, New Brunswick, Nunavut and the Northwest Territories are also almost as bad because they allow undemocratically high donations from corporations, unions and organizations (and New Brunswick allows those donations to come from outside the province).

And while the federal government, Alberta, Manitoba and Nova Scotia have banned corporate and union donations, they still allow undemocratically high donations that only wealthy people can afford. As Quebec’s corruption scandal showed, these high donation limits facilitate corporations and unions funneling donations through their executives and/or employees.

“Any political party that refuses to make these changes is essentially admitting they are up for sale and that they approve of the corrupt best-government-money-can-buy approach to politics,” said Conacher.

The key changes that must be made across Canada to democratize political finance systems are as follows:

  1. a ban on donations by corporations, unions and other organizations (Quebec enacted such a ban in the late 1970s);
  2. a limit on annual donations by individuals to each party of $100-200 annually (Quebec’s limit is $100);
  3. a ban on donations from individuals who do not live in the jurisdiction;
  4. a prohibition on loans to political parties, riding associations and candidates, except from a public fund (with loans limited to the average annual amount of donations received during the previous two years)
  5. a limit on spending during campaigns by parties, nomination race and election candidates, third party interest groups, and candidates in party leadership races (Alberta and the Yukon have no limits at all; only the federal government, B.C., Manitoba, New Brunswick, Nova Scotia and Quebec limit third party spending, and; no jurisdictions have limits on party leadership race spending);
  6. disclosure of all donations and gifts of money, property, services and volunteer labour given to any politician, nomination race, election or party leadership candidate, including the identity of the donor’s employer, and board and executive affiliations;
  7. a base amount of annual public funding for parties based on each vote received during the last election (which Quebec has — no more than $1 per vote, with a portion required to be shared with riding associations);
  8. annual public funding for parties matching the first $100,000-$200,000 raised (which Quebec has);
  9. public funding for candidates matching the first $20,000 raised (which Quebec has), and;
  10. a requirement that election, donation and ethics watchdogs conduct annual random audits to ensure all the rules are being followed by everyone.

– 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 Money in Politics Campaign
Democracy Watch’s Government Ethics Campaign

To referendum or not to referendum is not the only voting question


The following op-ed, by Democracy Watch Co-founder Duff Conacher, was published in the Globe and Mail on January 8, 2016 and in the Hill Times on January 11, 2016 and by TroyMedia.com on February 12, 2016


To referendum or not to referendum – that is not the only question in the ongoing debate about reforming Canada’s voting system. The overall issue is ensuring the review process, including any referendum, meets best-practice democratic standards.

If Canada’s current voting system had been subject to a referendum in 1867, only wealthy white men (about 10% of the total population at the time) would have been allowed to vote, and secret donations and spending would have dominated the campaign.

The first important question is the makeup of the committee of politicians that will lead the public consultation. Normally, the Liberal majority would mean a majority of Liberals on all committees. However, no more than half the committee should be Liberal MPs to ensure they can’t just push through whatever system they want. The Liberals should have no concerns about giving up their majority on the committee given that Liberal House Leader Dominic LeBlanc has said voting system reform should have “broad support in Parliament.”

Some claim the Liberals have made it clear committee hearings will be the only consultation process. I don’t think the Liberals have made this decision, and if they have they should reconsider because hearings alone will not amount to meaningful consultation, in part because people self-select whether they participate.

The committee should also undertake a “deliberative judgment” process as the “national engagement” process the Liberals have promised, as it is the best practice for meaningful public consultation. Either several meetings should be held of a large citizen assembly (as B.C. and Ontario used in the past to review their voting systems) or of small focus groups across the country. I believe that several small groups are better because one large group is, like any crowd, more likely to suffer from a collective bias (like jumping on the bandwagon).

In either case: a randomly selected, demographically representative group of Canadians should be consulted; with public servants or independent, non-partisan organizations coordinating the process; politicians and officials from all political parties prohibited from participating in any way; an integrity auditor to hear complaints about violations of process rules, and; details about the process and results all reported publicly before any policy decision is made.

As the Liberals’ platform promised, the process should cover not only possible vote-counting changes but also “a wide variety of reforms” – including the right to vote none-of-the-above (as voters in Alberta, Manitoba, Ontario and Saskatchewan can do by declining their ballot), and the right to file complaints and have politicians penalized by an independent watchdog for unjustifiably breaking election promises.

As well, when the deliberative judgment process is ending and people are asked what changes they support (if any), best-practice methods should be used to record their choices. These methods don’t offer take it or leave it choices (which can be easily biased) but instead let people indicate the level of their support of various options – and if used properly they can produce a clear picture of whether there is any specific change most people support the most.

That public consultation process, done properly, can produce a roadmap for change (if change is supported by most people) that is as democratically legitimate as a referendum result.

The difficulty with a national referendum in a federation is the rules. What proposal should be on the ballot or should there be multiple proposals – and how much detail should the question(s) include? Should a certain minimum national percentage of voters be required to vote – or in each province or in each region? Should politicians be allowed to campaign, using their public office funding and travel perks, or not or should their parties have to pay for any campaigning they do? These are not easy questions to answer.

If a referendum is held, a strong argument can be made, given that the voting system determines who sits in our federal Parliament, and given that sections 37, 51, 51A and 52 of the Constitution Act, 1867 guarantee a specific percentage of seats in the House from each province, that at least a majority of voters in 7 out of 10 provinces representing 50% of the total population should be required to approve any proposed change.

If a referendum is not held, the same approval requirement should be applied to any other type of vote on any change proposal.

The current federal Referendum Act – enacted in 1992 for the Charlottetown Accord referendum and for the federal government to use for any future referendum on issues with constitutional implications (such as voting system change) – only requires a simple majority at a national level. It also has other undemocratic flaws that need to be corrected if a referendum is going to be held under its rules.

For example, the Act democratically limits spending by individuals and groups (although the spending limit measure is unclear as it has not been properly updated), and it requires them to register as a “referendum committee” if they spend more than $5,000. However, it undemocratically allows for unlimited donations from businesses, unions and other organizations to the committees, and allows the committees to collude with each other.

This would allow businesses and other wealthy interests to set up many committees, and fund them all to spend the maximum allowed. In 2004, the Supreme Court of Canada upheld limits in the Canada Elections Act on interest group advertising spending, and colluding, during elections specifically to prevent wealthy interests from dominating a campaign. Similar limits should be in place for any referendum.

Only by following best-practice democratic processes will federal politicians make the best, most widely supported, changes to our voting system. Canadians deserve such processes, not only for voting system reform but also for all the other real changes promised by the Liberals, and not just because it’s 2016 but also because such processes are the only way the Liberals can fulfill their promises of a government that “better reflects the values and expectations of Canadians” and that “trusts Canadians” and makes “evidence-based” decisions.

Democratic Voting System Campaign