Case also raises Ethics Commissioner Dion’s bias in ruling – Trudeau Cabinet chose him after secretive, biased process

RCMP and prosecutors must explain publicly what they have decided re: prosecuting PM Trudeau and others for obstruction of justice

FOR IMMEDIATE RELEASE:
Wednesday, June 23, 2021

OTTAWA – Today, Democracy Watch’s application is being heard virtually in the Federal Court of Appeal (FCA) challenging federal Conflict of Interest and Ethics Commissioner Mario Dion’s ruling that let everyone off the hook, except Prime Minister Trudeau, for pressuring former Attorney General Jody Wilson-Raybould to stop the prosecution of SNC-Lavalin by the Public Prosecution Service of Canada (PPSC). Daniel Tucker-Simmons of Avant Law is representing Democracy Watch in the case, Federal Court of Appeal File #A-331-19.

DWatch is challenging this part of the ruling in court because in paragraphs 262-281 (pages 41-44) the Ethics Commissioner summarizes the actions of Finance Minister Bill Morneau, some of his staff, PCO Clerk Michael Wernick, and PMO staff that put pressure on the Attorney General. However, in paragraphs 282-286 (page 44), the Ethics Commissioner then excuses the actions of everyone except Prime Minister Trudeau on the very questionable basis that the other officials “could not have influenced the Attorney General” and were acting “under the direction or authority of the Prime Minister…”

As the Ethics Commissioner ruled, by attempting to influence the Attorney General, Trudeau violated section 9 of the Conflict of Interest Act. Morneau, Wernick and the others also attempted to influence the AG. It is irrelevant whether they had the same power over the AG as the PM has.

“The Ethics Commissioner made the right ruling by finding Prime Minister Trudeau guilty of violating the ethics law for pressuring the Attorney General to drop the prosecution of SNC-Lavalin, but he should have also found other PMO and government officials guilty because they also pressured the Attorney General,” said Duff Conacher, Co-founder of Democracy Watch. “The Ethics Commissioner’s ruling set a dangerous precedent because it says Cabinet ministers and staff can violate the ethics law as long as they are just following orders from the PM, or don’t have direct power over the government official they are trying to influence, and that’s why Democracy Watch is challenging the ruling.”

Democracy Watch is also arguing that Ethics Commissioner Dion should have delegated the investigation and ruling on the situation to a provincial ethics commissioner who had no ties to any federal party, given that he was chosen by the Trudeau Cabinet after a secretive, Cabinet-controlled process. The Federal Court of Appeal ruled the Trudeau Cabinet was biased when it appointed Ethics Commissioner Dion. Dion also had a record 8 unethical and questionable actions when he was federal Integrity Commissioner.

“Ethics Commissioner Dion should not be ruling on any situations involving Liberals as he was hand-picked by the Trudeau Cabinet through a biased, secretive process, and has an unethical past enforcement record, and so he should delegate investigations to a provincial ethics commissioner,” said Conacher.

Given the evidence in the Ethics Commissioner’s ruling, Democracy Watch continues to call, including in an open letter in February 2021, on the RCMP and Crown prosecutors to issue a full, public explanation if they decide not to prosecute Prime Minister Trudeau and other government officials for obstruction of justice for trying to stop the prosecution of SNC-Lavalin.

“Given the evidence, the public has a right to know the reasons if the RCMP and prosecutors decide not to prosecute Prime Minister Trudeau and others for obstruction of justice for trying to stop the prosecution of SNC-Lavalin,” said Conacher.

– 30 –

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

Democracy Watch’s Government Ethics Campaign

Limits are needed for democratic, fair elections, but the democratic, reasonable way to determine democratic, reasonable limits is through an independent study

Bill 254 also doubled donation limit allowing wealthy donors to buy even more influence, likely helping Ford’s PC Party most – limit should be lowered to $100

Per-vote and all public funding should also be reviewed by independent commission to prove it is needed, and is democratic and fair

FOR IMMEDIATE RELEASE:
Monday, June 14, 2021

OTTAWA – Today, 35,000 voters joined with Democracy Watch in calling on Premier Doug Ford not to use the notwithstanding clause in Bill 307 to impose Ford’s arbitrary limits on third-party interest group ad spending that an Ontario Court ruling struck down as unconstitutional last Tuesday. Democracy Watch called on Premier Ford to back off and work with other parties to quickly establish an independent commission to determine reasonable, democratic spending limits by September, which could be enacted by year end.

The Ford government, without offering any real reason, imposed Bill 254 this spring, which increased from 6 to 12 months the pre-election period during which total ad spending by each third-party interest group or individual is limited to about $600,000.

“It’s undemocratic and dictatorial, and likely illegal, for Doug Ford to invoke the notwithstanding clause to impose his arbitrary and unconstitutional spending restrictions on advertising by interest groups for the year before the election,” said Duff Conacher, Co-founder of Democracy Watch and Chairperson of the Money in Politics Coalition. “Restricting massive ad campaigns by wealthy interest groups is a good, democratic idea, as the Supreme Court of Canada has ruled, but the reasonable, democratic way to set reasonable, democratic spending limits is through an independent, multi-partisan commission that will study the actual costs of reaching voters and other key factors.”

In its submission to the Ontario legislature committee reviewing the Ford government’s Bill 254, Democracy Watch called for changes to reverse the many undemocratic, unethical and unconstitutional political finance measures in Bill 254.

“All the measures in the Ford government’s Bill 254 that violate the fundamental democratic principle of one person, one vote must also be changed because they are unfair and tilt the rules in favour of Ford’s PC Party,” said Conacher.

The Ford government’s Bill 254 also doubled the annual donation limit, which will allow wealthy donors to buy even more unethical influence over parties and politicians, and will likely benefit Ford’s PC Party the most. Democracy Watch’s analysis of 2020 party donations shows the PCs received almost 50% of their donations of more than $100 from only 20% of their donors who donated $1,000 or more. The other main parties’ top donors also provided disproportionate amount of funding.

Democracy Watch’s analysis also shows that the median donation to provincial parties of donations of more than $100, which is the most accurate indication of the amount an average voter can afford, is: PCs ($200), Liberals ($50); NDP ($25); Greens ($30).

“Doubling the donation limit as the Ford government’s Bill 254 did will allow wealthy donors to buy even more unethical influence over parties and politicians, especially given that the full identity and associations of donors are not disclosed, and will likely benefit Ford’s party the most,” said Conacher. “The only way to stop the unethical, undemocratic influence of big money on Ontario politics is to limit donations to $100 or less, which is an amount an average voter can afford.”

Bill 254 also extended and increased the annual per-vote funding for parties. Democracy Watch’s analysis, contained in its Bill 254 submission (pp.10-12), revealed that the provincial per-vote funding system provides on average half to two-thirds of each of the four main parties’ annual funding. Combined with the tax credits that donors receive, it adds up to too high public funding for parties and candidates.

“An independent commission is needed to study the actual costs of running parties and riding associations and, only if parties and candidates can prove they need it, public funding should then be adjusted to reflect those actual costs, and to ensure the funding is fair and based on actual voter support,” said Conacher.

The only good parts in Bill 254 were the measures allowing independent candidates to raise money before election campaigns begins (however, more disclosure must be required of donations and spending of such candidates), and the measures giving the Chief Electoral Officer the power to fine violators of Ontario’s election law.

– 30 –

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

Democracy Watch’s Money in Politics Campaign

Limits are needed for democratic, fair elections, but the democratic, reasonable way to determine democratic, reasonable limits is through an independent study

Bill 254 also doubled donation limit allowing wealthy donors to buy even more influence, likely helping Ford’s PC Party most – limit should be lowered to $100

Per-vote and all public funding should also be reviewed by independent commission to prove it is needed, and is democratic and fair

FOR IMMEDIATE RELEASE:
Thursday, June 10, 2021

OTTAWA – Today, in response to the Doug Ford government’s move to use the notwithstanding clause to make impose Ford’s arbitrary limits on third-party interest group ad spending that an Ontario Court ruling struck down as unconstitutional on Tuesday, Democracy Watch called on Premier Ford to back off and work with other parties to quickly establish an independent commission to determine reasonable, democratic spending limits by September, which could be enacted by year end.

The Ford government, without offering any real reason, imposed Bill 254 this spring, which increased from 6 to 12 months the pre-election period during which total ad spending by each third-party interest group or individual is limited to about $600,000.

“It’s undemocratic and dictatorial, and likely illegal, for Doug Ford to invoke the notwithstanding clause to impose his arbitrary and unconstitutional spending restrictions on advertising by interest groups for the year before the election,” said Duff Conacher, Co-founder of Democracy Watch and Chairperson of the Money in Politics Coalition. “Restricting massive ad campaigns by wealthy interest groups and individuals in the months leading up to an election is a good, democratic idea, as the Supreme Court of Canada has ruled, as is prohibiting huge ad campaigns by wealthy individuals and lobby groups all the time, but the reasonable, democratic way to set reasonable, democratic spending limits is through an independent, multi-partisan commission that will study the actual costs of reaching voters and other key factors.”

In its submission to the Ontario legislature committee reviewing the Ford government’s Bill 254, Democracy Watch called for changes to reverse the many undemocratic, unethical and unconstitutional political finance measures in Bill 254.

“All the measures in the Ford government’s Bill 254 that violate the fundamental democratic principle of one person, one vote must also be changed because they are unfair and tilt the rules in favour of Ford’s PC Party,” said Conacher.

The Ford government’s Bill 254 also doubled the annual donation limit, which will allow wealthy donors to buy even more unethical influence over parties and politicians, and will likely benefit Ford’s PC Party the most. Democracy Watch’s analysis of 2020 party donations shows the PCs received almost 50% of their donations of more than $100 from only 20% of their donors who donated $1,000 or more. The other main parties’ top donors also provided disproportionate amount of funding.

Democracy Watch’s analysis also shows that the median donation to provincial parties of donations of more than $100, which is the most accurate indication of the amount an average voter can afford, is: PCs ($200), Liberals ($50); NDP ($25); Greens ($30).

“Doubling the donation limit as the Ford government’s Bill 254 did will allow wealthy donors to buy even more unethical influence over parties and politicians, especially given that the full identity and associations of donors are not disclosed, and will likely benefit Ford’s party the most,” said Conacher. “The only way to stop the unethical, undemocratic influence of big money on Ontario politics is to limit donations to $100 or less, which is an amount an average voter can afford.”

Bill 254 also extended and increased the annual per-vote funding for parties. Democracy Watch’s analysis, contained in its submission, revealed that the provincial per-vote funding system provides on average half to two-thirds of each of the four main parties’ annual funding. Combined with the tax credits that donors receive, it adds up to too high public funding for parties and candidates.

“An independent commission is needed to study the actual costs of running parties and riding associations and, only if parties and candidates can prove they need it, public funding should then be adjusted to reflect those actual costs, and to ensure the funding is fair and based on actual voter support,” said Conacher.

The only good parts in Bill 254 were the measures allowing independent candidates to raise money before election campaigns begins (however, more disclosure must be required of donations and spending of such candidates), and the measures giving the Chief Electoral Officer the power to fine violators of Ontario’s election law.

– 30 –

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

Democracy Watch’s Money in Politics Campaign

Limits are needed for democratic, fair elections, but independent study needed of what reasonable limits are before any further changes made

Bill 254 also doubled donation limit allowing wealthy donors to buy even more influence, likely helping Ford’s PC Party most – limit should be lowered to $100

Per-vote and all public funding should also be reviewed by independent commission to prove it is needed, and is democratic and fair

FOR IMMEDIATE RELEASE:
Tuesday, June 8, 2021

OTTAWA – Today, in response to the Ontario court ruling striking down as unconstitutional the parts of Doug Ford government’s Bill 254 that extended the limits on third-party interest group ad spending, Democracy Watch called for an in-depth study of what reasonable, democratic limits on ad spending leading up to an election are before the government introduces another bill.

Bill 254 increased from 6 to 12 months the pre-election period during which total ad spending by third-party interest groups and individuals was limited to about $600,000.

“Just as Democracy Watch predicted, the Ford government’s excessive spending restrictions on advertising by interest groups for the year before the election were ruled unconstitutional because they arbitrarily limited spending too much, and for too long,” said Duff Conacher, Co-founder of Democracy Watch and Chairperson of the Money in Politics Coalition. “Restricting massive ad campaigns by wealthy interest groups and individuals in the months leading up to an election is a good, democratic idea, as the Supreme Court of Canada has ruled, as is prohibiting huge ad campaigns by wealthy individuals and lobby groups all the time, but an independent commission should be set up to study the actual costs of reaching voters to ensure the ad spending limit is realistic, and the limit should be higher for groups that have lots of supporters than it is for an individual voter.”

In its submission to the Ontario legislature committee reviewing the Ford government’s Bill 254, Democracy Watch called for changes to reverse the many undemocratic, unethical and unconstitutional political finance measures in the bill that make Ontario politics and elections unfair, tilting the rules in favour of Ford’s PC Party.

“The other measures in the Ford government’s Bill 254 that violate the fundamental democratic principle of one person, one vote must also be changed because they are unfair and tilt the rules in favour of Ford’s PC Party,” said Conacher.

The Ford government’s Bill 254 also doubled the annual donation limit, which will allow wealthy donors to buy even more unethical influence over parties and politicians, and will likely benefit Ford’s PC Party the most. Democracy Watch’s analysis of 2020 party donations shows the PCs received almost 50% of their donations of more than $100 from only 20% of their donors who donated $1,000 or more. The other main parties’ top donors also provided disproportionate amount of funding.

Democracy Watch’s analysis also shows that the median donation to provincial parties of donations of more than $100, which is the most accurate indication of the amount an average voter can afford, is: PCs ($200), Liberals ($50); NDP ($25); Greens ($30).

“Doubling the donation limit as the Ford government’s Bill 254 did will allow wealthy donors to buy even more unethical influence over parties and politicians, especially given that the full identity and associations of donors is not disclosed, and will likely benefit Ford’s party the most,” said Conacher. “The only way to stop the unethical, undemocratic influence of big money on Ontario politics is to limit donations to $100 or less, which is an amount an average voter can afford.”

Bill 254 also extended and increased the annual per-vote funding for parties. Democracy Watch’s analysis, contained in its submission, revealed that the provincial per-vote funding system provides on average half to two-thirds of each of the four main parties’ annual funding. Combined with the tax credits that donors receive, it adds up to too high public funding for parties and candidates.

“An independent commission is needed to study the actual costs of running parties and riding associations are and then, only if parties and candidates can prove they need it, public funding should be adjusted to reflect those actual costs, and to ensure the funding is fair and based on actual voter support,” said Conacher.

The only good parts in Bill 254 were the measures allowing independent candidates to raise money before election campaigns begins (however, more disclosure must be required of donations and spending of such candidates), and the measures giving the Chief Electoral Officer the power to fine violators of Ontario’s election law.

– 30 –

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

Democracy Watch’s Money in Politics Campaign

 

Key measures that the U.S. enacted decades ago needed in Canada to stop gouging, ensure fair interest rates, fees and service for all customers, and to stop bank lending racism and discrimination

Big 6 Banks now gouging out very high profits double or more than 2020 profits – 4 of Big 6 are among top 50 most profitable banks in the world!

As PM Trudeau said last April 6th, the Big Banks can afford to help more

As England and Australia have, Canada must also close loopholes to ensure banks pay fair share of taxes

FOR IMMEDIATE RELEASE:
Wednesday, June 2, 2021

OTTAWA – Today, Democracy Watch, along with the 120,000 people from across Canada who have joined its letter-writing campaign and/or signed its Change.org petition, called on Finance Minister Chrystia Freeland to work together with all federal parties in this minority government situation to stop gouging, racism in lending, and other abuses by Canada’s Big 6 Banks.

On April 6, 2020, after the Big 6 Banks announced temporary mortgage and loan payment deferrals, and credit card interest rate cuts, for some customers, Prime Minister Trudeau said “we need to see even more action like this going forward because this is a time to think about each other, not about the bottom line.”

However, the deferrals and cuts ended last fall, the banks have not given any breaks since, the Big 6 Banks all announced huge profit increases of 100% to 200% this past week (BMO, CIBC, RBC and TD, Scotiabank and National Bank, and 4 of the Big 6 Banks recently announced fee hikes.

Four of Canada’s Big 6 Banks are listed in Fortune’s Global 500 for 2020, and are the 15th (RBC), 20th (TD), 32nd (Scotiabank) and 50th (BMO) most profitable financial institutions in the world, and the four most profitable Canadian companies in the Global 500 (See Canada’s Big Banks Backgrounder).

Democracy Watch recently filed a submission with Finance Canada’s pre-budget consultation process calling, along with more than 120,000 Canadians, for Key Bank Accountability Changes needed to make Canada’s banks help Canadians more by cutting interest rates and fees, to stop racism and discrimination in lending and services, and stop other abuses.

Many of the key changes were enacted in the U.S. decades ago, and apply to the U.S. banks that 4 of Canada’s Big 6 Banks own. In contrast, the Trudeau Liberals have done nothing to stop gouging fees and interest rates, and have done very little to address discrimination in bank lending. Recently, associations representing Black and Indigenous business owners called for the U.S. measures to be enacted in Canada to stop discrimination in bank lending.

The Big 6 Banks also paid their CEOs a total of $75 million in 2019 in salary and bonuses (an average of $12.5 million each), and a total of $66.4 million in 2020 ($11 million each on average).

“The big banks can afford to do much more to help during this crisis, and must be required by law to disclose much more information about their profits in every part of their business, and how they treat customers and borrowers, to stop the rampant gouging, and ensure they are effectively required to serve everyone fairly and well with fair interest rates and fees, and to stop them from discriminating against or abusing anyone,” said Duff Conacher, Co-founder of Democracy Watch.

“As the U.S. did more than 40 years ago, the federal government must require the banks to disclose this information and more to ensure the banks don’t discriminate against anyone, and give everyone who needs it a real break in their loan and credit card payments during the crisis, and serve everyone fairly and well at fair interest rates and fees that give the banks a reasonable profit and not excessive gouging profit levels,” said Conacher.

The Big 6 Banks continue to reap high profits by firing thousands of people, shifting jobs overseas (or using temporary foreign workers), cutting services, and hiking fees and credit card interest rates even as the Bank of Canada’s prime rate dropped to record low levels.

– 30 –

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

Democracy Watch’s Big Banks Coronavirus Accountability Campaign

GG is a key guardian of Canada’s democracy – must be fully independent and impartial, not handpicked by PM through secretive, biased process

FOR IMMEDIATE RELEASE:
Wednesday, May 26, 2021

OTTAWA – Today, as part of its Democratic Head Campaign which is supported by thousands of Canadians, Democracy Watch called on Prime Minister Trudeau to submit the shortlist of candidates for next Governor General (GG) to at least opposition party leaders or, even better, party leaders in all legislatures across Canada (given the GG appoints lieutenant governors), to ensure a fair choice for Governor General.

Like all the other Officers of Parliament, the Governor General (GG) must be independent of the Prime Minister because s/he makes many key decisions about the operations of Parliament and the government, and so the Prime Minister should not be choosing the GG alone because it taints the position with partisanship.

PM Trudeau has already tried to rig the selection of the Governor General (even more than Prime Minister Harper did) by setting up a façade of an Advisory Panel, co-chaired by his friend and Cabinet appointee Dominic LeBlanc, with every other member of the Panel also appointed by Trudeau. The Panel is currently vetting a short list of candidates, and LeBlanc is very likely ensuring that the candidate that Trudeau favours is on the short list. Instead, to democratize the selection of the GG, and every other federal good government watchdog, Trudeau should have used a fully independent committee (with members approved by all federal party leaders) to conduct a public, merit-based search for a shortlist of qualified candidates.

However, it is not too late for Trudeau to have at least all federal party leaders review the short list and approve the choice of GG. Even better, given that the GG appoints the Lieutenant Governor of each province, Prime Minister Trudeau should send the shortlist of nominees to the party leaders of each legislature and have them rank the nominees. The GG would be the person who receives the most votes from this ranked ballot vote.

To Canadianize the selection of the Governor General, Democracy Watch proposes that the Prime Minister should not request that Queen Elizabeth approve of the person chosen through the process. The Queen does have to approve the person formally, but if the Prime Minister does not request the approval, and the Queen agrees to whomever is nominated, then a new constitutional convention will be established that Canada chooses its own Head of State. This would be a significant step of full independence by Canada.

Both of these changes to the Governor General’s appointment process can be made by the Prime Minister alone – no changes to any law, or Canada’s Constitution, are needed.

“Given how important it is for the Governor General to be independent of the Prime Minister and impartial, especially in a minority government situation, Prime Minister Trudeau must involve opposition parties in choosing the Governor General,” said Duff Conacher, Co-founder of Democracy Watch and Ph.D. student at the University of Ottawa’s Faculty of Law, “It would be even better to involve party leaders from across Canada given that the GG appoints the Lieutenant Governors in each province.

“Prime Minister Trudeau should also tell the Queen who Canada has chosen as Governor General, and not ask her approval, and if she accepts that as the new protocol it will become clear that Canada chooses its own head of state,” said Conacher.

As well, Democracy Watch called on federal party leaders in the House of Commons to agree on public, written rules for a minority government, as more than 80% of Canadians want. In England, Australia and New Zealand, political party leaders and MPs agreed years ago to clear, public rules so what happens before, after and in-between elections is fair for all the parties, and for voters. Most countries in the world also have clear, public rules. As well, the only way an election can occur before the fixed election date under Britain’s Fixed-term Parliaments Act 2011 is if at least two-thirds of MPs vote in favour of a motion for an early election or if a resolution is passed that states the legislature has no confidence in the government and don’t reverse their decision within 14 days.

“Nobody knows for sure what an unwritten rule says, and that’s why Britain, Australia, New Zealand and most other countries have written down their key constitutional rules,” said Conacher. “It’s clearly in the public interest that Canada’s rules be written down to stop abuses of power by the PM and Cabinet, including calling a snap election, that violate the rights of Parliament and the democratic will of the majority of voters.”

– 30 –

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

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

Group joins launch of international campaign by 50+ organizations in 19 countries

FOR IMMEDIATE RELEASE:
Monday, May 17, 2021

OTTAWA – Today, Democracy Watch joined 50+ organizations in 19 countries in launching a new campaign call to stop fossil fuel financing by banks and other financial institutions. Already more than 7,000 Canadians have joined DWatch’s letter-writing campaign and/or signed its Change.org petition, calling on Finance Minister Chrystia Freeland and Ontario Premier Doug Ford to work together with all parties and make three key changes that will expose, and end, fossil fuel financing by Canada’s Big Banks and other key financial institutions, and empower financial consumers and retail investors to have a much greater say in what financial institutions are doing with their money.

According to research by the Rainforest Action Network and other organizations, 3 of Canada’s Big 5 Banks are among the top 12 banks worldwide financing the fossil-fuel industry, and the other 2 are in the top 25 banks. Click here to see their report.

It was difficult for the organizations to find out this information, and Canada’s Big Banks are denying it is accurate. The information also doesn’t include other Canadian financial institutions, such as insurance companies, that support the industry, nor does it cover other major industries that create the pollution that is causing the climate crisis.

In April’s federal government budget, Finance Minister Chrystia Freeland didn’t include any measures to require the Big Banks or other financial institutions to disclose their climate-related investments. The government only committed to talk to provincial and territorial governments about disclosure (p. 175). Canada’s Big Banks and other Canadian big businesses are resisting requirements to disclose these investments. When the UN’s Net-Zero Banking Alliance was launched on April 21 , VanCity Credit Union was the only Canadian financial institution signed on to the initiative.

The international Task Force on Climate-Related Financial Disclosures (TCFD) has recommended requiring disclosure, as did an Ontario government task force in January 2021 (Recommendation 41, pp. 68-71). Canada’s Big Banks and other financial institutions are not required to lend and invest in actually sustainable businesses that will create long-term jobs that don’t pollute or harm Canadians and their communities.

“Canada’s big banks and other financial institutions wouldn’t be able to operate without our money, and so they shouldn’t be allowed to keep details of their fossil fuel industry loans, investments and insurance secret from us,” said Duff Conacher, Co-founder of Democracy Watch, which has led the bank accountability movement in Canada in the past 25 years. “The federal and Ontario governments must require all financial institutions to disclose their fossil fuel financing, to finance only actually sustainable big businesses, and establish two citizen groups that will empower financial consumers and retail investors to have more say over how financial institutions are using their money.”

Democracy Watch Stop Fossil Fuel Financing Campaign calls for 3 key changes which either the federal government (through federal laws) or the Ontario government (through securities laws) can make. The changes that would require disclosure of fossil-fuel investments by banks and other key financial institutions; require them to finance only actually sustainable big businesses, and empower financial consumers and investors to ensure their money is used to support sustainable, job-creating businesses:

1. Require banks, insurance, trust and mutual fund companies, and other financial institutions, to disclose their lending, investments and insurance for the fossil fuel industry, and all other major carbon-producing industries (coal, heavy manufacturing), by company as recommended by the international Task Force on Climate-Related Financial Disclosures (TCFD);
2. Add the Equator Principles and other real sustainability rules to Canada’s and Ontario’s laws to require banks and other financial institutions to lend, invest and provide insurance only to actually sustainable big businesses, and;
3. Establish a Financial Consumer Organization (FCO) using this innovative method that has been proven effective in the U.S., and an Individual Investor Organization (IIO) using the same method. Together these groups will exponentially increase the information available to financial institution customers and individual investors about how financial institutions use and invest their money, and will also exponentially increase the power of financial consumers and individual investors to have a say in the use of their money, and to push for actually responsible, sustainable investing.

– 30 –

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

Democracy Watch’s Stop Fossil Fuel Financing Campaign and Bank Accountability Campaign and Corporate Responsibility Campaign

Federal ethics law prohibits all conflicts of interest and improper decisions, including improper apparent conflict that Commissioner found Trudeau had

FOR IMMEDIATE RELEASE:
Friday, May 14, 2021

OTTAWA – Today, Democracy Watch announced that it will challenge Ethics Commissioner Mario Dion’s ruling on Prime Minister Trudeau’s participation in the WE Charity grant approval process because the Commissioner made four key errors in letting Trudeau off even though Trudeau clearly violated the federal government ethics law.

The Ethics Commissioner concluded that, because PM Trudeau’s spouse volunteers as an ambassador and champion for WE Charity, including hosting a podcast for it, and his mother and brother have been paid large sums to give speeches for the charity, and the PM has also appeared at several WE events, there was “a strong appearance of conflict between the Trudeau family’s relationship with WE and Mr. Trudeau’s duty to make decisions that best serve the public interest.” (paragraphs 248-250).

However, the Ethics Commissioner’s ruling first claims, wrongly, that Trudeau was not in a real or potential conflict of interest. Democracy Watch’s position is that, because of the extensive, direct and ongoing family ties between the Trudeau family and WE, especially the fact that his spouse is a WE ambassador and podcaster, the PM was clearly in a potential conflict of interest when WE Charity began engaging with the government about the grant, and then in a real conflict of interest as soon as WE Charity engaged with Cabinet and the PMO.

In the Trudeau II Report about the SNC-Lavalin scandal involving the Prime Minister and other top government officials, Commissioner Dion defined “private interests” as including “financial, social or political interests (paragraphs 288 to 292). In his ruling on the WE Charity grant, he concluded that the grant definitely benefited WE’s private interests but ignored the fact that the grant would very likely, by helping WE financially and deepening the relationship between WE and the PM’s government and family, also benefit the social interests of his WE-ambassador spouse and his family members who spoke at WE events, and the PM’s political interests as WE continues to promote the PM as it has for more than a decade (paragraphs 233-238 and 243-244).

Secondly, the Ethics Commissioner’s ruling claims, wrongly, that being in an appearance of a conflict of interest is not a violation of the federal Conflict of Interest Act (CofI Act), and that only being in a real or potential conflict of interest is (paragraphs 252-268).

This part of the ruling is wrong because the purpose of the CofI Act is to prevent all “conflicts of interest” whether real, apparent or potential (subsections 3(b) and (c)), and the Act prohibits federal politicians and government officials from participating in specific decisions like handing out grants and contracts when they are “in a conflict of interest” (sections 4 and 6) which includes any type of conflict of interest, real, apparent or potential (as the Federal Court of Appeal ruled unanimously in 2009 (para. 49)).

Thirdly, the CofI Act prohibits politicians furthering not only their own interests but also “those of his or her relatives or friends or to improperly further another person’s private interests” (sections 4 and 6). As mentioned above, the WE Charity grant could benefit Trudeau and his relatives’ interests. In addition, the Ethics Commissioner ignored evidence that Trudeau and his spouse are friends of the Kielburger brothers who head up WE. Craig Keilburger described Trudeau as a friend in a November 2015 interview with the Ottawa Citizen, and at the same time at the WE event where he gave his first speech as Prime Minister, Trudeau describe both Craig and his brother Marc as friends. Given this, and that the ties between the families have only increased since then, again including that Trudeau’s spouse is a WE Ambassador, the Ethics Commissioner was wrong to conclude that that they are not friends (paragraphs 239-241 of his ruling).

Fourthly, Commissioner Dion’s ruling ignores the real meaning of the second part of section 4 of the Act that prohibits taking part in a decision if it offers an opportunity to “improperly further” another person’s or entity’s interests. That is a very broad prohibition, as the Commissioner himself concluded in the Trudeau II Report on the SNC-Lavalin scandal (paragraphs 286 and 296-301). According to the Commissioner, “improper” includes a violation of any of the PM’s Code rules, and that Code’s Annex B rule prohibits the PM and ministers from being in an appearance of conflict of interest.

Trudeau has said he should have recused himself, and Ethics Commissioner Dion says at the end of his ruling that “it is always advisable to recuse oneself and inform the Commissioner promptly when facing an apparent conflict of interest” (paragraph 269). Why? Because it is clearly improper to take part in a decision when in an apparent conflict.

“Commissioner Dion contradicts himself, ties himself into knots, and cuts the federal ethics law into pieces in his ruling letting Prime Minister Trudeau off even though he clearly violated the law,” said Duff Conacher, Co-founder of Democracy Watch.

Just like Commissioner Dion’s ruling on the SNC-Lavalin scandal situation, which Democracy Watch is challenging in court because he let off former Finance Minister Bill Morneau and several other PMO and Cabinet officials who violated the CofI Act in the same way Trudeau did, he has again failed to interpret and apply the law to prevent conflicts of interest and hold everyone accountable for violations.

“Ethics Commissioner Dion has rolled over like a lapdog and again failed to properly enforce the federal law that prohibits conflicts of interest by letting Prime Minister Trudeau off even though he took part in the WE Charity grant approval process when he had a conflict of interest,” said Duff Conacher, Co-founder of Democracy Watch. “Democracy Watch will challenge the Ethics Commissioner’s ruling in court because it sets a very bad precedent that will allow politicians and government officials to take part in future decisions to hand out money to individuals and organizations that have close relations with their families.”

Democracy Watch’s court case will also challenge Commissioner Dion’s ruling because he was biased as he was handpicked by the Trudeau Cabinet through a secretive, dishonest process, and he had a record of 8 unethical and questionable actions when he was Integrity Commissioner, and his senior lawyer is a Trudeau Cabinet minister’s sister-in-law.

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

Democracy Watch’s and Government Ethics Campaign and Stop Fraud Politician Spending Campaign

Rule should be broader, and in separate bill – should also prohibit false promises/claims by candidates and leaders that bait voters to vote for them

Will Liberals continue to protect their social media company friends, or will they also work with other parties to stop false online election posts?

FOR IMMEDIATE RELEASE:
Tuesday, May 11, 2021

OTTAWA – Today, in response to the Trudeau Liberal budget’s weak proposal to amend the rule in the Canada Elections Act (CEA) that was struck down in a recent court ruling to ensure it again prohibits some false claims during elections about candidates, party leaders and party associates, Democracy Watch called for a broader false claims rule, and also for a rule prohibiting false claims by candidates, leaders and parties that bait voters to vote for them, and also for a new enforcement commission.

A broader rule, in a separate bill so it can be fully debated by the House and Senate, is needed in section 91 of the CEA to prohibit all false claims about candidates and parties during not only the election period, but also the pre-election period.

A rule is also needed to prohibit false claims by candidates because, in a March 2018 ruling on Democracy Watch’s complaint about Trudeau’s false promise during the 2015 election that he would change the electoral system, the Commissioner of Canada Elections refused to enforce the rule in the CEA that prohibits using a false claim to bait a voter to vote for a candidate (subsection 282.8(b)) – formerly 482(b)).

Democracy Watch is also calling for the Commissioner:

1. to be appointed through a fully independent process;
2. ideally changed into a three-person commission;
3. to be given the resources needed to investigate and rule on false claims before election day;
4. to be given powers to require social media companies to remove posts that make false claims during the pre-election and election period, and;
5. to be required to issue a public ruling on every complaint received and situation reviewed (whether or not the situation is investigated).

The Commissioner and Elections Canada have shelved thousands of complaints in the past without a full investigation or public ruling.

See Backgrounder for the text of the new honesty rules that Democracy Watch proposes be added to the CEA, and the proposed new enforcement system, including mandatory minimum fines on a sliding scale based on ability to pay (as they need to be high enough to discourage election dishonesty by wealthy interests).

More than 25,000 Canadians have supported Democracy Watch’s campaign for an honesty in politics law, and more than 25,000 Canadians have also either signed Democracy Watch’s online petition on Change.org or its letter-writing campaign calling for key changes to stop secret, false online election ads.

“As tens of thousands of Canadians are calling for, strict and strong honest election rules, enforced by a fully independent commission with a high fine as the penalty for misleaders, must be enacted before the next election to stop all false claims about candidates, party leaders and officials, including in false online ads, and to stop them from making a false claim or promise to bait a voter to vote for them,” said Duff Conacher, Co-founder of Democracy Watch.

In the table of “Legislative Measures” in the Budget, under the heading “Amendments to the Canada Elections Act” it says:

“Budget 2021 proposes to introduce amendments to the Canada Elections Act to specify that making or publishing a false statement in relation to a candidate, prospective candidate, or party leader would be an offence only if the person or entity knows that the statement is false.”

Section 362 of Budget Bill C-30 only proposes to add the word “knowingly” to the offence provisions in the CEA that relate to section 91.

The changes the Trudeau Liberals made to the CEA with Bill C-76 in 2019, and the federal government’s initiatives announced in January 2019 and May 2019, ignored the call by all experts, a House Committee, the Chief Electoral Officer (CEO), the Commissioner of Canada Elections and tens of thousands of Canadians for more effective changes and measures to actually stop fake online election posts and ads, false claims about party leaders and candidates, false claims by party leaders and candidates, as well as measures to stop big money interest group ad campaigns, and to protect voters’ privacy.

Incredibly, Bill C-76 actually weakened the rule in the CEA prohibiting false claims about candidates, even though the CEO and Commissioner warned that the Bill would have that bad effect.

Instead of protecting the integrity of Canada’s elections, the Trudeau Liberals’ past actions protected their friends at social media companies, which benefit from all the ad spending and from lack of accountability for false claims made on their platform, and their own data mining of voters’ private information.

As CTV detailed in March 2017, the Liberal Party uses Data Sciences Inc., run by Prime Minister Trudeau’s friend Tom Pitfield, for its data management of the private, personal information it has gathered on Canadian voters. And as CTV also detailed in that article, and also Maclean’s magazine detailed in October 2017, Mr. Pitfield also heads up the think tank Canada 2020, which had Google as a partner until recently, and an executive from Google Canada as an adviser, and still has Facebook as a partner (see logo at bottom of page) and still has an executive from Facebook Canada as an adviser.

As the Ottawa Citizen detailed in May 2018, Liberal Party-connected lobbyists and executives work for Facebook, Google, Microsoft, while their friends and/or former colleagues worked for Trudeau Cabinet ministers.

Connected to these calls for honesty in politics measures are Democracy Watch’s calls to stop big money interest group ad campaigns that amplify false claims, and to stop data mining by parties to target false claim ads at specific voters. More than 100,000 Canadians have supported Democracy Watch’s campaign to stop big money in Canadian politics, and more than 12,000 have signed its online petition calling for political parties to be covered by the federal privacy law, and other key privacy protection 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: [email protected]

Democracy Watch’s Honesty in Politics Campaign, Money in Politics Campaign, Stop Fake Online Election Ads Campaign, and Democratic Voting Systems Campaign

Council of Canadian Innovators Ben Bergen and Dana O’Born co-managed Freeland’s 2015 election campaign, then had senior roles in her riding association, and then lobbied Freeland’s then-Parliamentary Secretary David Lametti, her office staff and senior department officials

FOR IMMEDIATE RELEASE:
Wednesday, May 5, 2021

OTTAWA – Today, Democracy Watch is in Federal Court for a hearing on the Trudeau government’s motion requesting that the court end the cases Democracy Watch filed last August challenging the federal Commissioner of Lobbying’s rulings about lobbyists Ben Bergen and Dana O’Born of the Council of Canadian Innovators (CCI).

Democracy Watch is arguing that the cases should be allowed to continue. Democracy Watch is represented by Andrew Montague-Reinholdt and Amanda Le of Nelligan O’Brien Payne LLP.

The hearing is being held online on Zoom starting at 9:30 am Eastern time through to the end of today. To register to watch/listen to the hearing on Zoom, send an email to the Federal Court Registry re: the hearing for court case file numbers T-915-20 and T-916-20, at: [email protected].

Lobbying Commissioner Nancy Bélanger ruled in March 2020, a completely unjustifiable delay of almost three years after Democracy Watch filed its complaint, that Mr. Bergen and Ms. O’Born did not violate Lobbyists’ Code of Conduct rules 6, 8, 9 or 10 which prohibit assisting a politician in any significant way and then lobbying their office or officials afterwards, even though they:

1. co-managed Chrystia Freeland’s 2015 election campaign;
2. continued to work in senior roles with her riding association post-election, and;
3. then were hired for the top positions at CCI and lobbied in 2017 Freeland’s then-Parliamentary Secretary David Lametti, her office staff, and senior officials in her then-International Trade department, including deputy ministers, assistant deputy ministers and special assistants.

Democracy Watch’s case argues that Bergen and O’Born’s lobbying violated Lobbyists’ Code rules. DWatch’s initial complaint also requested that Commissioner Bélanger recuse herself from ruling on the situation because she was handpicked by the Trudeau Cabinet. The Federal Court of Appeal ruled that the Cabinet was biased when it appointed her. As a result, DWatch’s case also alleges that she was biased when ruling on Bergen and O’Born.

The case was delayed last fall waiting for the Supreme Court of Canada (SCC) to decide whether to allow DWatch to appeal the Federal Court of Appeal’s ruling on its case challenging former Lobbying Commissioner Karen Shepherd’s decision not to investigate the Aga Khan for giving Justin Trudeau’s family and friends a trip to his private Bahamas island. Incredibly, the FCA ruled that the public had no right to have a complaint ruled on by the Commissioner, and therefore no right to challenge a decision not to investigate a complaint.

The SCC decided not to hear DWatch’s appeal, but the Bergen and O’Born cases are different because the Commissioner issued final rulings under section 10.5 of the Lobbying Act after investigating. In contrast, in the Aga Khan case, the Commissioner refused to investigate under subsection 10.4(1) of the Act.

“The federal lobbying ethics code prohibits anyone from lobbying a Cabinet minister or their officials for four years after helping them get elected or assisting them in a significant way, and so Lobbying Commissioner Bélanger should have found Minister Freeland’s former election campaign managers guilty of violating the code given they lobbied many senior officials in Minister Freeland’s former department,” said Duff Conacher, Co-founder of Democracy Watch.

“By letting the CCI lobbyists off the hook, and issuing other similarly weak rulings recently letting off other unethical lobbyists, Lobbying Commissioner Nancy Bélanger is continuing the negligent enforcement record of her predecessor Karen Shepherd who let off 84% of the lobbyists who violated the law during her decade as commissioner,” 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: [email protected]

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