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50,000 + call on federal parties to Make the Big Banks Help more during the coronavirus crisis, and after50,000 + call on federal parties to Make the Big Banks Help more during the coronavirus crisis, and after

Big Banks’ temporary cuts to some credit cards and fees and mortgage and loan deferrals for only some customers are not enough – key measures needed to ensure fair interest rates, fees and treatment of all customers now, and into the future

Big 6 Banks gouged out record profits of more than $46 billion in 2019 – their 10th year in a row of record profits – so they can afford to help more, as the Prime Minister said recently

Loopholes also must be closed to ensure banks pay fair share of taxes

FOR IMMEDIATE RELEASE:
Tuesday, April 21, 2020

OTTAWA – Today, Democracy Watch announced that more than 50,000 people have joined its letter-writing campaign and/or signed its Change.org petition calling on all federal parties to work together in this minority government situation to make Canada’s big banks do more to help Canadians and small businesses, and pay their fair share of taxes, now and after the coronavirus crisis.

The call comes as Canada’s Big 6 Banks have once again reported record profits of more than $46 billion in 2019 – the 10th year in a row, and more than double their 2010 profits. The Big 6 Banks have reaped record profits every year for the past 10 years in part 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.

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). (See Canada’s Big Banks Backgrounder)

Finance Minister Bill Morneau has boasted that the federal government negotiated with the Big 6 Banks to temporarily cut some credit card interest rates for some customers (but no small businesses) who request a deferral for a couple of months, and to process small business loans funded by the government, in addition to the mortgage and loan deferrals and fee reductions the banks have already offered (but again, only for some customers, with the delayed amount still required to be paid later, plus interest).

However, Prime Minister Trudeau stated on April 6th that “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.”

“The federal government cannot tell if the banks are still gouging or treating customers unfairly in this crisis, and won’t be able to tell post-crisis, because the banks are allowed to keep secret the profit levels in each area of their business, what type of borrowers they approve and reject for loan and credit relief, and how many complaints they are receiving,” said Duff Conacher, Co-founder of Democracy Watch. “As the U.S. did 30 years ago, the federal government must require the banks to disclose this information and more to ensure the banks 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.”

“The federal Conservatives and Liberals have done nothing since 2010 to stop Canada’s big banks from hiking fees and credit card interest rates to gouge Canadians and more than double their profits to the highest levels of banks world-wide, while reducing service, treating many customers unfairly, and exploiting loopholes to lower the amount they pay in taxes,” said Duff Conacher, Co-founder of Democracy Watch. In this time of crisis, and with the minority government, all parties must work together to make key changes to make banks help more now, to finally stop their excessive profits, gouging and abuse of consumers, and to make banks pay their fair share in taxes.”

Just like the initial spending actions taken by the federal and provincial governments were not enough to address the coronavirus crisis, the banks must do more. The Big 6 Banks’ decade of record profits and cuts to their prime lending rates show that they can afford to cut interest rates much more on loans like mortgages etc., and also to cut fees much more, and not raise them again to their gouging, excessive profit levels.

All federal parties need to work together now to require the banks:

  1. To cut all their interest rates and fees in half now, and cut loan payments entirely for anyone who needs it;
  2. To disclose detailed profit reports after fully independent audits and keep rates and fees at reasonably low levels in the future (for example, many U.S. states cap credit card interest rates);
  3. To empower consumers and increase consumer protection by supporting the creation of an independent, consumer-run bank watchdog group (as recommended by MPs and senators in 1998);
  4. To disclose approval rates for credit, loans and account services by neighbourhood and type of borrower, and require corrective actions by any bank that discriminates (as the U.S. has required for 30 year under the Community Reinvestment Act) as part of their annual Public Accountability Statements);
  5. To re-open basic banking branches in neighbourhoods (where they closed them in the 1990s) to help get rid of predatory pay-day loan companies (and banking at Canada Post outlets should also be allowed to help ensure everyone has access to basic banking services at fair rates and fees);
  6. To cut bank executive pay down to a reasonable level;
  7. To pay their fair share of taxes now, and in the future, by closing all the loopholes they exploit (as England and Australia have), and;
  8. Finally, enforcement measures and penalties also need to be strengthened to ensure banks, and other financial institutions, serve everyone fairly and well at fair prices (enforcement is much stronger in the U.S. and England — See Backgrounder on Weak Enforcement in Canada)
(See Full List of Key Bank Accountability Changes).

– 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

Big Banks’ temporary cuts to some credit cards and fees and mortgage and loan deferrals for only some customers are not enough – key measures needed to ensure fair interest rates, fees and treatment of all customers now, and into the future

Big 6 Banks gouged out record profits of more than $46 billion in 2019 – their 10th year in a row of record profits – so they can afford to help more, as the Prime Minister said recently

Loopholes also must be closed to ensure banks pay fair share of taxes

FOR IMMEDIATE RELEASE:
Tuesday, April 21, 2020

OTTAWA – Today, Democracy Watch announced that more than 50,000 people have joined its letter-writing campaign and/or signed its Change.org petition calling on all federal parties to work together in this minority government situation to make Canada’s big banks do more to help Canadians and small businesses, and pay their fair share of taxes, now and after the coronavirus crisis.

The call comes as Canada’s Big 6 Banks have once again reported record profits of more than $46 billion in 2019 – the 10th year in a row, and more than double their 2010 profits. The Big 6 Banks have reaped record profits every year for the past 10 years in part 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.

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). (See Canada’s Big Banks Backgrounder)

Finance Minister Bill Morneau has boasted that the federal government negotiated with the Big 6 Banks to temporarily cut some credit card interest rates for some customers (but no small businesses) who request a deferral for a couple of months, and to process small business loans funded by the government, in addition to the mortgage and loan deferrals and fee reductions the banks have already offered (but again, only for some customers, with the delayed amount still required to be paid later, plus interest).

However, Prime Minister Trudeau stated on April 6th that “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.”

“The federal government cannot tell if the banks are still gouging or treating customers unfairly in this crisis, and won’t be able to tell post-crisis, because the banks are allowed to keep secret the profit levels in each area of their business, what type of borrowers they approve and reject for loan and credit relief, and how many complaints they are receiving,” said Duff Conacher, Co-founder of Democracy Watch. “As the U.S. did 30 years ago, the federal government must require the banks to disclose this information and more to ensure the banks 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.”

“The federal Conservatives and Liberals have done nothing since 2010 to stop Canada’s big banks from hiking fees and credit card interest rates to gouge Canadians and more than double their profits to the highest levels of banks world-wide, while reducing service, treating many customers unfairly, and exploiting loopholes to lower the amount they pay in taxes,” said Duff Conacher, Co-founder of Democracy Watch. In this time of crisis, and with the minority government, all parties must work together to make key changes to make banks help more now, to finally stop their excessive profits, gouging and abuse of consumers, and to make banks pay their fair share in taxes.”

Just like the initial spending actions taken by the federal and provincial governments were not enough to address the coronavirus crisis, the banks must do more. The Big 6 Banks’ decade of record profits and cuts to their prime lending rates show that they can afford to cut interest rates much more on loans like mortgages etc., and also to cut fees much more, and not raise them again to their gouging, excessive profit levels.

All federal parties need to work together now to require the banks:

  1. To cut all their interest rates and fees in half now, and cut loan payments entirely for anyone who needs it;
  2. To disclose detailed profit reports after fully independent audits and keep rates and fees at reasonably low levels in the future (for example, many U.S. states cap credit card interest rates);
  3. To empower consumers and increase consumer protection by supporting the creation of an independent, consumer-run bank watchdog group (as recommended by MPs and senators in 1998);
  4. To disclose approval rates for credit, loans and account services by neighbourhood and type of borrower, and require corrective actions by any bank that discriminates (as the U.S. has required for 30 year under the Community Reinvestment Act) as part of their annual Public Accountability Statements);
  5. To re-open basic banking branches in neighbourhoods (where they closed them in the 1990s) to help get rid of predatory pay-day loan companies (and banking at Canada Post outlets should also be allowed to help ensure everyone has access to basic banking services at fair rates and fees);
  6. To cut bank executive pay down to a reasonable level;
  7. To pay their fair share of taxes now, and in the future, by closing all the loopholes they exploit (as England and Australia have), and;
  8. Finally, enforcement measures and penalties also need to be strengthened to ensure banks, and other financial institutions, serve everyone fairly and well at fair prices (enforcement is much stronger in the U.S. and England — See Backgrounder on Weak Enforcement in Canada)
(See Full List of Key Bank Accountability Changes).

– 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

Backgrounder – Weak Enforcement of Financial Consumer and Investor Protection in CanadaBackgrounder – Weak Enforcement of Financial Consumer and Investor Protection in Canada

(August 2025)

Both watchdogs too weak in powers, and enforcement attitude, to protect financial consumers and investors

The federal government’s Financial Consumer Agency of Canada (FCAC) has a very weak enforcement record since it was created in 2003.

It has made only 145 compliance rulings, is prohibited from naming a law-violating bank unless it prosecutes the bank, and it has only prosecuted 2 banks (neither of them a Big 6 bank). The FCAC not only lacks resources by comparison to the similar watchdog agencies in Britain and the U.S., it is also clearly a lapdog compared to these two other agencies.

According to an article by Reuters in March 2017, and Democracy Watch’s research of fines imposed since then, the FCAC has issued fines totaling just $20 million since 2001 in the 145 rulings it has issued.

In contrast, since 2013 when it was created until the end of 2024, Britain’s Financial Conduct Authority (FCA) issued penalties totalling 4.764 pounds ($8.86 billion Can.), and since 2011 when it was created up to January 2025, the U.S. Consumer Financial Protection Bureau (CFPB) imposed penalties totalling $24.7 billion U.S. ($34.1 billion Can.).

Key consumer protection rules need to be strengthened, and the FCAC must be required to do unannounced, mystery-shopper audits to find violations, required to publicly identify financial institutions who violate the rules, and required to impose high fines on violators. The FCAC hasn’t done unannounced audits since 2005, tipped off the banks in March 2017 about the audit they did through the rest of 2017 on abuses, and then allowed the banks to see the draft audit results and suggest changes that weakened the report.

Meanwhile, former Finance Minister Jim Flaherty, and former Finance Minister Bill Morneau, did nothing, and current Finance Minister Chrystia Freeland moved as slowly as possible to require TD, Royal, Scotiabank or National Bank to stop using their own complaint judges and return to the Ombudsman for Banking Services and Investments (OBSI — which finally happened in November 2024).

All banks and investment companies should be required to use OBSI, and allow financial consumers and investors to complain directly to OBSI without having to go through a financial institution’s internal complaint system, and OBSI’s rulings on complaints by bank customers and investors must be made binding in every case.

An FCAC report released in February 2020 showed that the banks have a horrible record of dealing with financial consumer and investor complaints, especially the banks that use their own complaint judges.

And while the maximum fine allowed under the Bank Act was finally increased in 2018 to the meaningful penalty of $50 million, it is very unlikely the FCAC or a court will ever impose the maximum fine so they must be required to impose a minimum fine of at least $1 million for each violation, and a sliding scale of required penalties for more serious violations up to the $50 million maximum fine for the most serious, systemic violations.

The Financial Consumer Agency of Canada (FCAC) and the Ombudsman (OBSI) will continue to be ineffective until the federal government gives them key powers and requires them to use those powers to audit banks and other financial institutions regularly and to penalize every violation with a high fine (there should be minimum fines for various violations of at least $1 million, and the maximum fine should be $50 million) and public naming and shaming.

Finally, to ensure the FCAC and OBSI do their jobs properly, and to ensure that financial consumers and investors have help when complaining to the FCAC and OBSI, require banks, trust and insurance companies to promote in their mailings and emails to customers that they can join an independent, consumer-run Financial Consumer Organization (FCO – as recommended in 1998 by the MacKay Task Force, and the House Finance and Senate Banking committees) so consumers have a place to call for help if they are gouged or treated unfairly, and to get fully independent, expert advice (See details at: https://democracywatch.ca/question-and-answers-about-the-proposed-financial-consumer-organization/). Also, banks and the largest mutual fund companies must be required to promote in their mailings and emails to customers that they can join an independent, consumer-run Individual Investor Organization (IIO – as recommended by an Ontario legislative committee in 2006) so they have have a place to call for help if they are ripped off or treated unfairly, and to get fully independent, expert advice (See details at: https://democracywatch.ca/question-and-answers-about-individual-investor-organization-iio/).

For more information, see Democracy Watch’s
Bank Accountability Campaign

Backgrounder – Weak Enforcement of Financial Consumer and Investor Protection in CanadaBackgrounder – Weak Enforcement of Financial Consumer and Investor Protection in Canada

(April 2020)

Both watchdogs too weak in powers, and enforcement attitude, to protect financial consumers and investors

The federal government’s Financial Consumer Agency of Canada (FCAC) has a very weak enforcement record since it was created in 2003.

It has made only 134 compliance rulings, is prohibited from naming a law-violating bank unless it prosecutes the bank, and it has only prosecuted 2 banks (neither of them a Big 6 bank). The FCAC not only lacks resources by comparison to the similar watchdog agencies in Britain and the U.S., it is also clearly a lapdog compared to these two other agencies.

According to an article by Reuters in March 2017, and Democracy Watch’s research of fines imposed since then, the FCAC has issued fines totaling just $3.2 million since 2001 in the 134 rulings it has issued.

In contrast, since 2013 when it was created, Britain’s Financial Conduct Authority (FCA) has already issued penalties totalling more than US$3.5 billion, and since 2011 when it was created, the U.S. Consumer Financial Protection Bureau (CFPB) has already imposed fines of more than US$5 billion.

Key consumer protection rules need to be strengthened, and the FCAC must be required to do unannounced, mystery-shopper audits to find violations, required to publicly identify financial institutions who violate the rules, and required to impose high fines on violators. The FCAC hasn’t done unannounced audits since 2005, tipped off the banks in March 2017 about the audit they did through the rest of 2017 on abuses, and then allowed the banks to see the draft audit results and suggest changes that weakened the report.

Meanwhile, former Finance Minister Jim Flaherty, and current Finance Minister Bill Morneau, have done nothing to require TD, Royal, Scotiabank or National Bank to stop using their own complaint judges and return to the Ombudsman for Banking Services and Investments (OBSI).

An FCAC report released in February 2020 showed that the banks have a horrible record of dealing with financial consumer and investor complaints, especially the banks using their own complaint judges.

The maximum fine allowed under the Bank Act is $10 million, which is still low for the big banks who each make more than $10 billion in revenue annually, especially given that it is very unlikely the FCAC or a court will ever impose the maximum fine.

The Financial Consumer Agency of Canada (FCAC) and the Ombudsman (OBSI) will continue to be ineffective until the federal government gives them key powers and requires them to use those powers to audit banks and other financial institutions regularly and to penalize every violation with a high fine (the maximum fine should be $50 million) and public naming and shaming.

For more information, see Democracy Watch’s
Big Bank Coronavirus Accountability Campaign

(April 2020)

Both watchdogs too weak in powers, and enforcement attitude, to protect financial consumers and investors

The federal government’s Financial Consumer Agency of Canada (FCAC) has a very weak enforcement record since it was created in 2003.

It has made only 134 compliance rulings, is prohibited from naming a law-violating bank unless it prosecutes the bank, and it has only prosecuted 2 banks (neither of them a Big 6 bank). The FCAC not only lacks resources by comparison to the similar watchdog agencies in Britain and the U.S., it is also clearly a lapdog compared to these two other agencies.

According to an article by Reuters in March 2017, and Democracy Watch’s research of fines imposed since then, the FCAC has issued fines totaling just $3.2 million since 2001 in the 134 rulings it has issued.

In contrast, since 2013 when it was created, Britain’s Financial Conduct Authority (FCA) has already issued penalties totalling more than US$3.5 billion, and since 2011 when it was created, the U.S. Consumer Financial Protection Bureau (CFPB) has already imposed fines of more than US$5 billion.

Key consumer protection rules need to be strengthened, and the FCAC must be required to do unannounced, mystery-shopper audits to find violations, required to publicly identify financial institutions who violate the rules, and required to impose high fines on violators. The FCAC hasn’t done unannounced audits since 2005, tipped off the banks in March 2017 about the audit they did through the rest of 2017 on abuses, and then allowed the banks to see the draft audit results and suggest changes that weakened the report.

Meanwhile, former Finance Minister Jim Flaherty, and current Finance Minister Bill Morneau, have done nothing to require TD, Royal, Scotiabank or National Bank to stop using their own complaint judges and return to the Ombudsman for Banking Services and Investments (OBSI).

An FCAC report released in February 2020 showed that the banks have a horrible record of dealing with financial consumer and investor complaints, especially the banks using their own complaint judges.

The maximum fine allowed under the Bank Act is $10 million, which is still low for the big banks who each make more than $10 billion in revenue annually, especially given that it is very unlikely the FCAC or a court will ever impose the maximum fine.

The Financial Consumer Agency of Canada (FCAC) and the Ombudsman (OBSI) will continue to be ineffective until the federal government gives them key powers and requires them to use those powers to audit banks and other financial institutions regularly and to penalize every violation with a high fine (the maximum fine should be $50 million) and public naming and shaming.

For more information, see Democracy Watch’s
Big Bank Coronavirus Accountability Campaign

Backgrounder – Canada’s Big BanksBackgrounder – Canada’s Big Banks

(December 2024)

Controlling the market, and gouging out world-leading, record profits year after year for the past decade, while reducing service and treating many customers unfairly

According to Finance Canada, despite the lowering of barriers to competition 20 years ago under a World Trade Organization agreement, Canada’s Big 6 Banks:

  • Bank of Montreal (BMO)
  • Canadian Imperial Bank of Commerce (CIBC)
  • National Bank
  • Royal Bank of Canada (RBC)
  • Bank of Nova Scotia (Scotiabank)
  • Toronto Dominion Bank (TD)

control 93 per cent of all banking assets, and are more profitable than comparable banks in other countries, and than small banks in Canada, and Canada’s corporate sector overall. The big banks control of the market essentially allows them to gouge and abuse customers with excessive fees, high interest rates (especially on credit cards). As a result, government regulation is needed to stop them.

The federal government bailed out the banks with $114 billion in mortgage purchases during the financial industry fraud crisis in 2009. It hasn’t required the banks to do anything in return for that bailout, or for the protections from foreign competition that the government has given the banks since 1967.

Canada’s Big 6 Banks reported, yet again, excessively high annual profits totalling $51.28 billion in 2024, $30 billion higher than their 2010 profits, all reaped through gouging their customers with excessively high credit card and other credit interest rates and mutual fund and other banking fees.

The banks gouged all Canadians who had loans back in 2015 by failing to lower their interest rates as much as the Bank of Canada had lowered its interest rate, and then the banks abused everyone with savings accounts by failing to increase their deposit account interest rates as much as the Bank of Canada when it began raising its interest rate in 2022.

Canada’s Big 6 Banks also paid their CEOs an average of $11 million each in 2023, and the average increased to $12.3 million in 2024 – 55% higher than in 2008).

Canada’s Big 6 Banks handed out $23.75 billion in bonuses to their employees in 2024, 12% more than the $21.2 billion total in bonuses.

The federal government also continues to refuse to make the Big Banks pay their fair share of taxes. Canada’s Big Banks pay a tax rate of only 16% — lower than banks in other G7 countries. The Big Banks also exploit tax loopholes more more than all other Canadian big businesses. England imposed a permanent annual excess profits tax on its banks in 2011, and Australia did the same in 2017.

For more information, see Democracy Watch’s
Bank Accountability Campaign

Backgrounder – Full List of Key Bank Accountability ChangesBackgrounder – Full List of Key Bank Accountability Changes

(August 2025)

Democracy Watch’s letter-writing campaign and petition call for the following key bank accountability changes needed to make Canada’s Big Banks give everyone a break on interest rates and fees, pay their fair share in taxes, and treat everyone fairly, now and after the coronavirus crisis is over:

  1. Require banks to cut credit card interest rates in half now (as they are at a gouging level now, and always have been excessively high), and allow people renewing their mortgages to re-renew without a penalty at a lower interest rate if interest rates decrease over the next few years, and require them also to lower all their interest rates at exactly the same time as the Bank of Canada lowers its interest rate over the next few years;
  2. Require banks, trust and insurance companies to promote in their mailings and emails to customers that they can join an independent, consumer-run Financial Consumer Organization (FCO – as recommended in 1998 by the MacKay Task Force, and the House Finance and Senate Banking committees) so consumers have a place to call for help if they are gouged or treated unfairly, and to get fully independent, expert advice (See details at: https://democracywatch.ca/question-and-answers-about-the-proposed-financial-consumer-organization/) and also require the banks and largest mutual fund companies to promote in their mailings and emails to customers that they can join an independent, consumer-run Individual Investor Organization (IIO – as recommended by an Ontario legislative committee in 2006) so they have have a place to call for help if they are ripped off or treated unfairly, and to get fully independent, expert advice (See details at: https://democracywatch.ca/question-and-answers-about-individual-investor-organization-iio/);
  3. Require banks to disclose the profit level of every part of their business (credit cards, mortgages, lines of credit, each other type of loan, bank machines, and investment and insurance divisions) after fully independent audits (overseen by the Auditor General);
  4. Require banks to keep all their interest rates and fees at a level that gives them no more than a reasonable profit (for example, many U.S. states cap credit card interest rates);
  5. Require banks to disclose detailed information about how many people and small businesses apply for credit cards and loans or all types, and loan interest rate cuts or other relief, and accounts, and how many are approved and rejected, by type of borrower and customer, and require corrective actions if a bank discriminates against any type of borrower or customer (as the U.S. has required banks to do for 40 years);
  6. Require the banks to re-open basic banking branches in every neighbourhood that offer low-interest rate, small-value lines of credit to everyone to stop predatory lending across Canada (including through partnering with Canada Post outlets for postal banking, as TD started to do in November 2022 but then paused and then cancelled);
  7. Strengthen key consumer protection rules, and require the Financial Consumer Agency of Canada (FCAC) to do unannounced, mystery-shopper audits to find violations, and to identify violators and fine them (the FCAC hasn’t done unannounced audits since 2005, tipped off the banks in March 2017 about the audit they did through the rest of 2017 on abuses, and then allowed the banks to see the draft audit results and suggest changes that weakened the report) and establish an independent, effective whistleblower protection system for the employees and everyone else who has any interactions with any financial institution;
  8. Require all banks to be covered by the Ombudsman for Banking Services and Investments, and allow financial consumers and investors to complain directly to OBSI without having to go through a financial institution’s internal complaint system, and make OBSI’s rulings binding;
  9. Require the FCAC to name every bank and financial institution that it finds has violated any rule and, given the big banks each make billions in profit annually, to fine violators a minimum of $1 million for each violation, and a sliding scale of higher fines must be required to be imposed up to the maximum $50 million penalty for the most serious, systemic violations;
  10. Close all the loopholes that allow Canada’s banks (and other big businesses) to evade paying taxes in Canada by pretending they make their money through companies they own in low-tax countries, and impose a special tax (as England and Australia have) on any Canadian business or bank that has excessively high profits like Canada’s Big Banks have had in the past several years, and;
  11. Require the Big Banks and other financial institutions to cut the pay of their CEO and other top executives to no more than 40 times their lowest paid employee (as in some European countries).

To see more details about why enforcement needs to be strengthened as proposed above in points #6-9, please click here.

For more information, see Democracy Watch’s
Bank Accountability Campaign

Petition calls on federal parties to Make the Big Banks Help more during the coronavirus crisis, and afterPetition calls on federal parties to Make the Big Banks Help more during the coronavirus crisis, and after

Big Banks’ temporary mortgage and loan deferrals, and cuts to some credit cards and fees, for some customers are not enough – key measures needed to ensure fair interest rates, fees and treatment of all customers now, and into the future

Big 6 Banks gouged out record profits of more than $46 billion in 2019 – their 10th year in a row of record profits – so they can afford to help more, as PM said yesterday

Loopholes also must be closed to ensure banks pay fair share of taxes

FOR IMMEDIATE RELEASE:
Tuesday, April 7, 2020

OTTAWA – Today, Democracy Watch launched a letter-writing campaign and Change.org petition calling on all federal parties to work together in this minority government situation to make Canada’s big banks do more to help Canadians and small businesses, and pay their fair share of taxes, now and after the coronavirus crisis.

The call comes as Canada’s Big 6 Banks have once again reported record profits of more than $46 billion in 2019 – the 10th year in a row, and more than double their 2010 profits. The Big 6 Banks have reaped record profits every year for the past 10 years in part 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.

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). (See Canada’s Big Banks Backgrounder)

The campaign launches as Finance Minister Bill Morneau is boasting that the federal government has negotiated with the Big 6 Banks to temporarily cut some credit card interest rates for some customers (but no small businesses) who request a deferral for a couple of months, and to process small business loans funded by the government, in addition to the mortgage and loan deferrals and fee reductions the banks have already offered (but again, only for some customers, with the delayed amount still required to be paid later, plus interest).

Prime Minister Trudeau stated on April 6th that “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.”

Just like the initial spending actions taken by the federal and provincial governments were not enough to address the coronavirus crisis, the banks must do more. The Big 6 Banks’ decade of record profits and cuts to their prime lending rates show that they can afford to cut interest rates much more on loans like mortgages etc., and also to cut fees much more, and not raise them again to their gouging, excessive profit levels.

All federal parties need to work together now to require the banks:

  1. To cut all their interest rates and fees in half now, and cut loan payments entirely for anyone who needs it;
  2. To disclose detailed profit reports after fully independent audits and keep rates and fees at reasonably low levels in the future;
  3. To empower consumers and increase consumer protection by supporting the creation of an independent, consumer-run bank watchdog group (as recommended by MPs and senators in 1998);
  4. To disclose approval rates for credit, loans and accounts by neighbourhood and type of borrower, and require corrective actions by any bank that discriminates (as the U.S. has required for 30 years);
  5. To re-open basic banking branches in neighbourhoods where they closed them in the 1990s to help get rid of predatory pay-day loan companies (and banking at Canada Post outlets should also be allowed);
  6. To cut bank executive pay down to a reasonable level;
  7. To pay their fair share of taxes now, and in the future, by closing all the loopholes they exploit (as England and Australia have), and;
  8. Finally, enforcement measures and penalties also need to be strengthened to ensure banks, and other financial institutions, serve everyone fairly and well at fair prices (See Backgrounder on Weak Enforcement)
    (See Full List of Key Bank Accountability Changes).

“The federal Conservatives and Liberals did nothing to stop Canada’s big banks from hiking fees and credit card interest rates to gouge Canadians and more than double their profits since 2010 to the highest levels of banks world-wide, while reducing service, treating many customers unfairly, and exploiting loopholes to lower the amount they pay in taxes,” said Duff Conacher, Co-founder of Democracy Watch. In this time of crisis, and with the minority government, all parties must work together to make key changes to make banks help more now, to finally stop their excessive profits, gouging and abuse of consumers, and to make banks pay their fair share in taxes.”

“Because the big banks control more than 90 percent of the banking market in Canada they can hike fees and interest rates whenever they want, and treat customers however they want, and so the federal government must finally make key changes to protect 30 million bank customers from gouging and abuse during this crisis, and into the future,” said Conacher. “Every dollar of excessive profit for the banks, and every person and business the banks unjustifiably cut off from credit, costs the Canadian economy because it means that the banks are overcharging for their essential services and loans, and choking off the spending and job creation that will help Canada recover from this crisis.”

– 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 Bank Coronavirus Accountability Campaign

Big Banks’ temporary mortgage and loan deferrals, and cuts to some credit cards and fees, for some customers are not enough – key measures needed to ensure fair interest rates, fees and treatment of all customers now, and into the future

Big 6 Banks gouged out record profits of more than $46 billion in 2019 – their 10th year in a row of record profits – so they can afford to help more, as PM said yesterday

Loopholes also must be closed to ensure banks pay fair share of taxes

FOR IMMEDIATE RELEASE:
Tuesday, April 7, 2020

OTTAWA – Today, Democracy Watch launched a letter-writing campaign and Change.org petition calling on all federal parties to work together in this minority government situation to make Canada’s big banks do more to help Canadians and small businesses, and pay their fair share of taxes, now and after the coronavirus crisis.

The call comes as Canada’s Big 6 Banks have once again reported record profits of more than $46 billion in 2019 – the 10th year in a row, and more than double their 2010 profits. The Big 6 Banks have reaped record profits every year for the past 10 years in part 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.

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). (See Canada’s Big Banks Backgrounder)

The campaign launches as Finance Minister Bill Morneau is boasting that the federal government has negotiated with the Big 6 Banks to temporarily cut some credit card interest rates for some customers (but no small businesses) who request a deferral for a couple of months, and to process small business loans funded by the government, in addition to the mortgage and loan deferrals and fee reductions the banks have already offered (but again, only for some customers, with the delayed amount still required to be paid later, plus interest).

Prime Minister Trudeau stated on April 6th that “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.”

Just like the initial spending actions taken by the federal and provincial governments were not enough to address the coronavirus crisis, the banks must do more. The Big 6 Banks’ decade of record profits and cuts to their prime lending rates show that they can afford to cut interest rates much more on loans like mortgages etc., and also to cut fees much more, and not raise them again to their gouging, excessive profit levels.

All federal parties need to work together now to require the banks:

  1. To cut all their interest rates and fees in half now, and cut loan payments entirely for anyone who needs it;
  2. To disclose detailed profit reports after fully independent audits and keep rates and fees at reasonably low levels in the future;
  3. To empower consumers and increase consumer protection by supporting the creation of an independent, consumer-run bank watchdog group (as recommended by MPs and senators in 1998);
  4. To disclose approval rates for credit, loans and accounts by neighbourhood and type of borrower, and require corrective actions by any bank that discriminates (as the U.S. has required for 30 years);
  5. To re-open basic banking branches in neighbourhoods where they closed them in the 1990s to help get rid of predatory pay-day loan companies (and banking at Canada Post outlets should also be allowed);
  6. To cut bank executive pay down to a reasonable level;
  7. To pay their fair share of taxes now, and in the future, by closing all the loopholes they exploit (as England and Australia have), and;
  8. Finally, enforcement measures and penalties also need to be strengthened to ensure banks, and other financial institutions, serve everyone fairly and well at fair prices (See Backgrounder on Weak Enforcement)
    (See Full List of Key Bank Accountability Changes).

“The federal Conservatives and Liberals did nothing to stop Canada’s big banks from hiking fees and credit card interest rates to gouge Canadians and more than double their profits since 2010 to the highest levels of banks world-wide, while reducing service, treating many customers unfairly, and exploiting loopholes to lower the amount they pay in taxes,” said Duff Conacher, Co-founder of Democracy Watch. In this time of crisis, and with the minority government, all parties must work together to make key changes to make banks help more now, to finally stop their excessive profits, gouging and abuse of consumers, and to make banks pay their fair share in taxes.”

“Because the big banks control more than 90 percent of the banking market in Canada they can hike fees and interest rates whenever they want, and treat customers however they want, and so the federal government must finally make key changes to protect 30 million bank customers from gouging and abuse during this crisis, and into the future,” said Conacher. “Every dollar of excessive profit for the banks, and every person and business the banks unjustifiably cut off from credit, costs the Canadian economy because it means that the banks are overcharging for their essential services and loans, and choking off the spending and job creation that will help Canada recover from this crisis.”

– 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 Bank Coronavirus Accountability Campaign

Democracy Watch pursuing lawsuit challenging Ethics Commissioner’s ruling that let everyone off except PM Trudeau for pressuring Attorney General to stop SNC-Lavalin prosecutionDemocracy Watch pursuing lawsuit challenging Ethics Commissioner’s ruling that let everyone off except PM Trudeau for pressuring Attorney General to stop SNC-Lavalin prosecution

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

RCMP and prosecutors must explain publicly if they decide not to charge PM Trudeau and others with obstruction of justice

FOR IMMEDIATE RELEASE:
Tuesday, March 3, 2020

OTTAWA – Today, Democracy Watch released the application it is pursuing in the Federal Court of Appeal 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 PMO officials, Cabinet ministers and their 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 PM Trudeau violated section 9 of the Conflict of Interest Act. Other officials also attempted to influence the Attorney General. It is irrelevant whether they had the same power over the Attorney General 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 staff aren’t covered by the federal ethics law, and can do things that Cabinet ministers are not allowed to do, 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 that failed to consult with opposition parties as required by the Parliament of Canada Act. Mr. 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 secretive, very questionable 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 from last August, Democracy Watch also continues to call on the RCMP and Crown prosecutors to issue a full, public explanation if they decide not to prosecute Prime Minister Trudeau and others for obstruction of justice. “Given the evidence, the public has a right to know the reasons if the RCMP and prosecutors decide not to prosecute anyone,” said Conacher.

After the Globe and Mail first reported the allegations on February 7, 2019 that members of the PMO pressured the Attorney General to intervene, Democracy Watch filed a letter the next day with Ethics Commissioner Dion requesting an investigation only of members of the Prime Minister’s Office (PMO). Ethics Commissioner Dion sent Democracy Watch a letter on February 26th confirming his investigation of its complaint.

Former Attorney General Jody Wilson-Raybould testified before a House Committee on February 27, 2019 and claimed other people – Finance Minister Bill Morneau, some of his staff, PCO Clerk Michael Wernick, and other PMO staff – also tried to influence her. Democracy Watch then sent a letter on March 5, 2019 requesting that the Ethics Commissioner expand his inquiry to cover these people.

Green Party leader Elizabeth May also sent a letter to the Ethics Commissioner on May 2, 2019 requesting an inquiry into all the people named by the former Attorney General.

– 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

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

RCMP and prosecutors must explain publicly if they decide not to charge PM Trudeau and others with obstruction of justice

FOR IMMEDIATE RELEASE:
Tuesday, March 3, 2020

OTTAWA – Today, Democracy Watch released the application it is pursuing in the Federal Court of Appeal 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 PMO officials, Cabinet ministers and their 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 PM Trudeau violated section 9 of the Conflict of Interest Act. Other officials also attempted to influence the Attorney General. It is irrelevant whether they had the same power over the Attorney General 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 staff aren’t covered by the federal ethics law, and can do things that Cabinet ministers are not allowed to do, 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 that failed to consult with opposition parties as required by the Parliament of Canada Act. Mr. 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 secretive, very questionable 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 from last August, Democracy Watch also continues to call on the RCMP and Crown prosecutors to issue a full, public explanation if they decide not to prosecute Prime Minister Trudeau and others for obstruction of justice. “Given the evidence, the public has a right to know the reasons if the RCMP and prosecutors decide not to prosecute anyone,” said Conacher.

After the Globe and Mail first reported the allegations on February 7, 2019 that members of the PMO pressured the Attorney General to intervene, Democracy Watch filed a letter the next day with Ethics Commissioner Dion requesting an investigation only of members of the Prime Minister’s Office (PMO). Ethics Commissioner Dion sent Democracy Watch a letter on February 26th confirming his investigation of its complaint.

Former Attorney General Jody Wilson-Raybould testified before a House Committee on February 27, 2019 and claimed other people – Finance Minister Bill Morneau, some of his staff, PCO Clerk Michael Wernick, and other PMO staff – also tried to influence her. Democracy Watch then sent a letter on March 5, 2019 requesting that the Ethics Commissioner expand his inquiry to cover these people.

Green Party leader Elizabeth May also sent a letter to the Ethics Commissioner on May 2, 2019 requesting an inquiry into all the people named by the former Attorney General.

– 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

Integrity Commissioner claims year or more delay is fine for issuing rulings on lobbyists who helped Ford and now lobby Ford’s CabinetIntegrity Commissioner claims year or more delay is fine for issuing rulings on lobbyists who helped Ford and now lobby Ford’s Cabinet

Democracy Watch sends another letter to Commissioner asking for public rulings on its 8-month old, evidence-filled complaints very soon

FOR IMMEDIATE RELEASE:
Tuesday, February 25, 2020

OTTAWA – Today, Democracy Watch released the third letter it has sent to Ontario Integrity Commissioner J. David Wake asking for public rulings as soon as his investigations are completed 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.

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 sent a second letter on January 22nd to Integrity Commissioner Wake requesting rulings its two complaints, assuming the investigations have been completed or will be completed soon.

Commissioner Wake responded in a letter sent on January 27th that he will only issue public summaries of his rulings in his annual report which will be made public in June 2020 and will cover the government’s fiscal year period from April 1, 2019 to March 31, 2020.

This means if Integrity Commissioner Wake completes an investigation of either or both of Democracy Watch’s complaints after April 1st this year, he will not issue any information or a public ruling on that investigation until his annual report is issued in June 2021, unless he decides to penalize the lobbyist.

There is nothing in the lobbying law that prohibits Integrity Commissioner Wake from issuing a public ruling on a lobbyist’s alleged violations of the law as soon as he completes his investigation, and it is absurdly negligent for him to claim that the law allows him to wait a year or more to issue a public ruling,” said Duff Conacher, co-founder of Democracy Watch.

“Given the clear evidence set out in Democracy Watch’s complaints last summer, and given Integrity Commissioner Wake has not issued a public ruling since the rule that clearly prohibits lobbyists from assisting a politician and then lobbying them came into force in July 2016, he should do the right thing and finally issue his first public ruling as soon as possible,” said Conacher. “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.”

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.

Integrity Commissioner Wake has not issued a public ruling on the LR Act rule since it came into force in July 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.

– 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

Democracy Watch sends another letter to Commissioner asking for public rulings on its 8-month old, evidence-filled complaints very soon

FOR IMMEDIATE RELEASE:
Tuesday, February 25, 2020

OTTAWA – Today, Democracy Watch released the third letter it has sent to Ontario Integrity Commissioner J. David Wake asking for public rulings as soon as his investigations are completed 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.

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 sent a second letter on January 22nd to Integrity Commissioner Wake requesting rulings its two complaints, assuming the investigations have been completed or will be completed soon.

Commissioner Wake responded in a letter sent on January 27th that he will only issue public summaries of his rulings in his annual report which will be made public in June 2020 and will cover the government’s fiscal year period from April 1, 2019 to March 31, 2020.

This means if Integrity Commissioner Wake completes an investigation of either or both of Democracy Watch’s complaints after April 1st this year, he will not issue any information or a public ruling on that investigation until his annual report is issued in June 2021, unless he decides to penalize the lobbyist.

There is nothing in the lobbying law that prohibits Integrity Commissioner Wake from issuing a public ruling on a lobbyist’s alleged violations of the law as soon as he completes his investigation, and it is absurdly negligent for him to claim that the law allows him to wait a year or more to issue a public ruling,” said Duff Conacher, co-founder of Democracy Watch.

“Given the clear evidence set out in Democracy Watch’s complaints last summer, and given Integrity Commissioner Wake has not issued a public ruling since the rule that clearly prohibits lobbyists from assisting a politician and then lobbying them came into force in July 2016, he should do the right thing and finally issue his first public ruling as soon as possible,” said Conacher. “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.”

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.

Integrity Commissioner Wake has not issued a public ruling on the LR Act rule since it came into force in July 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.

– 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

Federal Court of Appeal rules Trudeau Cabinet was biased when appointing Ethics Commissioner and Lobbying CommissionerFederal Court of Appeal rules Trudeau Cabinet was biased when appointing Ethics Commissioner and Lobbying Commissioner

Court excuses Cabinet’s bias based on 2001 Supreme Court ruling – rules that Cabinet’s consultation with opposition parties was “reasonable”

DWatch applying to Supreme Court for permission to appeal

FOR IMMEDIATE RELEASE:
Thursday, February 13, 2020

OTTAWA – Today, Democracy Watch released the Federal Court of Appeal’s ruling on its combined appeal cases challenging the Trudeau Cabinet’s appointment in December 2017 of their own watchdogs – the Ethics Commissioner and Commissioner of Lobbying (FCA File #s A-142-19/A-143-19).

The FCA ruled that the Trudeau Cabinet was biased when it appointed both commissioners (para. 5 of ruling). When the appointments happened, the Ethics Commissioner was investigating Trudeau and Finance Minister Bill Morneau, and the Lobbying Commissioner was investigating two situations involving Trudeau (Barry Sherman/Apotex Inc.’s fundraiser and Mickey MacDonald/Clearwater Seafoods fundraiser), and also situations involving Minister Morneau, and Minister Chrystia Freeland.

However, the FCA excused the Cabinet’s bias based on a 2001 Supreme Court of Canada ruling that Cabinet is allowed to be biased when appointing people like the commissioners if the commissioners implement government policy and don’t uphold constitutional principles. Before and since that 2001 Supreme Court ruling, Canadian courts have ruled that protection of the independence of judges, including in how they are appointed, also applies to human rights commissions, the RCMP Commissioner, and other key law enforcement positions that uphold constitutional rights and principles.

Democracy Watch argued before the FCA that the commissioners uphold the constitutional principles of democracy and rule of law just like judges do, as they both issue judge-like rulings on violations of ethics rules that are aimed at ensuring a high standard of government integrity. Cabinet ministers must not be allowed choose their own watchdogs who enforce laws that apply to the ministers, as that violates the fundamental principle that law enforcement officers can’t be controlled or influenced by politicians.

Democracy Watch will now apply to the Supreme Court of Canada for permission to appeal the FCA’s ruling on the basis that the Ethics Commissioner and Lobbying Commissioner enforce key constitution-related laws and so must be fully independent from Cabinet in every way, including in how they are appointed.

Democracy Watch will also apply to the SCC on the basis that the Cabinet failed to consult with opposition party leaders as required by the Parliament of Canada Act before making the Ethics Commissioner appointment, and also failed to consult as required by the Lobbying Act before making the Lobbying Commissioner appointment. The FCA ruled the Cabinet’s consultation was reasonable (para. 3 of the ruling).

Democracy Watch’s disagrees given the Cabinet hid from opposition parties that it had qualified candidates for both commissioner positions, and used secretive, partisan appointment processes that gave opposition party leaders only a few days to respond to Cabinet’ nominations of one person for each commissioner.

“Opposition parties complained that the Trudeau Cabinet failed to consult with them as required by law before appointing the ethics and lobbying commissioners, and at the time the commissioners were investigating Trudeau and other ministers so the Cabinet was in a clear conflict of interest when making the appointment of these key democracy watchdogs,” said Duff Conacher, Co-founder of Democracy Watch. “Given it is essential that the ethics and lobbying watchdogs are independent and impartial from Cabinet ministers, Democracy Watch hopes the Supreme Court of Canada will overturn the appointments and require an independent process for all future watchdog appointments that includes meaningful consultation with opposition parties.”

“It would be a clear conflict of interest if someone sued Prime Minister Trudeau or a Cabinet minister and the Cabinet chose which judge would hear the case, and it is just as clearly a conflict of interest for the Cabinet to choose the ethics and lobbying commissioners who will judge whether the PM, his Cabinet ministers or their lobbyist friends violate the ethics law or lobbying law,” 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 Stop Bad Government Appointments Campaign and Government Ethics Campaign

Court excuses Cabinet’s bias based on 2001 Supreme Court ruling – rules that Cabinet’s consultation with opposition parties was “reasonable”

DWatch applying to Supreme Court for permission to appeal

FOR IMMEDIATE RELEASE:
Thursday, February 13, 2020

OTTAWA – Today, Democracy Watch released the Federal Court of Appeal’s ruling on its combined appeal cases challenging the Trudeau Cabinet’s appointment in December 2017 of their own watchdogs – the Ethics Commissioner and Commissioner of Lobbying (FCA File #s A-142-19/A-143-19).

The FCA ruled that the Trudeau Cabinet was biased when it appointed both commissioners (para. 5 of ruling). When the appointments happened, the Ethics Commissioner was investigating Trudeau and Finance Minister Bill Morneau, and the Lobbying Commissioner was investigating two situations involving Trudeau (Barry Sherman/Apotex Inc.’s fundraiser and Mickey MacDonald/Clearwater Seafoods fundraiser), and also situations involving Minister Morneau, and Minister Chrystia Freeland.

However, the FCA excused the Cabinet’s bias based on a 2001 Supreme Court of Canada ruling that Cabinet is allowed to be biased when appointing people like the commissioners if the commissioners implement government policy and don’t uphold constitutional principles. Before and since that 2001 Supreme Court ruling, Canadian courts have ruled that protection of the independence of judges, including in how they are appointed, also applies to human rights commissions, the RCMP Commissioner, and other key law enforcement positions that uphold constitutional rights and principles.

Democracy Watch argued before the FCA that the commissioners uphold the constitutional principles of democracy and rule of law just like judges do, as they both issue judge-like rulings on violations of ethics rules that are aimed at ensuring a high standard of government integrity. Cabinet ministers must not be allowed choose their own watchdogs who enforce laws that apply to the ministers, as that violates the fundamental principle that law enforcement officers can’t be controlled or influenced by politicians.

Democracy Watch will now apply to the Supreme Court of Canada for permission to appeal the FCA’s ruling on the basis that the Ethics Commissioner and Lobbying Commissioner enforce key constitution-related laws and so must be fully independent from Cabinet in every way, including in how they are appointed.

Democracy Watch will also apply to the SCC on the basis that the Cabinet failed to consult with opposition party leaders as required by the Parliament of Canada Act before making the Ethics Commissioner appointment, and also failed to consult as required by the Lobbying Act before making the Lobbying Commissioner appointment. The FCA ruled the Cabinet’s consultation was reasonable (para. 3 of the ruling).

Democracy Watch’s disagrees given the Cabinet hid from opposition parties that it had qualified candidates for both commissioner positions, and used secretive, partisan appointment processes that gave opposition party leaders only a few days to respond to Cabinet’ nominations of one person for each commissioner.

“Opposition parties complained that the Trudeau Cabinet failed to consult with them as required by law before appointing the ethics and lobbying commissioners, and at the time the commissioners were investigating Trudeau and other ministers so the Cabinet was in a clear conflict of interest when making the appointment of these key democracy watchdogs,” said Duff Conacher, Co-founder of Democracy Watch. “Given it is essential that the ethics and lobbying watchdogs are independent and impartial from Cabinet ministers, Democracy Watch hopes the Supreme Court of Canada will overturn the appointments and require an independent process for all future watchdog appointments that includes meaningful consultation with opposition parties.”

“It would be a clear conflict of interest if someone sued Prime Minister Trudeau or a Cabinet minister and the Cabinet chose which judge would hear the case, and it is just as clearly a conflict of interest for the Cabinet to choose the ethics and lobbying commissioners who will judge whether the PM, his Cabinet ministers or their lobbyist friends violate the ethics law or lobbying law,” 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 Stop Bad Government Appointments Campaign and Government Ethics Campaign

Democracy Watch files complaint with Toronto Integrity Commissioner about Councillor Jim Karygiannis’ preferential treatment for his supporters and retaliation against non-supportersDemocracy Watch files complaint with Toronto Integrity Commissioner about Councillor Jim Karygiannis’ preferential treatment for his supporters and retaliation against non-supporters

FOR IMMEDIATE RELEASE:
Tuesday, February 11, 2020

OTTAWA – Today, Democracy Watch released the complaint it has filed with City of Toronto Integrity Commissioner Jonathan Batty requesting an investigation and ruling that City Councillor Jim Karygiannis’ statements recorded in November 2018 and reported last Saturday in the Toronto Star about how he gives preferential treatment to supporters and retaliates against non-supporters violate the Code of Conduct for Members of Council (the “Code”).

As the Star article details, Councillor Karygiannis was recorded saying that he usually doesn’t report bylaw violations by people who volunteer, vote for or donate to him, and that he does report violations by non-supporters with “twice the pleasure.”

The preamble to the Code includes three statements of principle that “underline” the Code, including that members of Council should serve their constituents “conscientiously” and perform their functions with “integrity” and perform their duties “in a manner that promotes public confidence and will bear close public scrutiny.”

The Code also has specific rules that prohibit: “the use of one’s status as a member of Council to improperly influence the decision of another person” to advantage of the councilor or their family or associates (Article VII), and treating members of the public inappropriately, including through bullying or intimidation (Article XIV).

“Democracy Watch believes that Councillor Karygiannis’ statements amount to a confession that he gives preferential treatment to supporters and retaliates against non-supporters, and that the Integrity Commissioner should investigate and rule that he has violated the council’s code of conduct,” said Duff Conacher, Co-founder of Democracy Watch, who filed the complaint affidavit on behalf of Democracy Watch. “Councillor Karygiannis’ statements about his actions so unethically violate the key, democratic function of a councillor to serve all constituents fairly and well that the Integrity Commissioner should recommend the maximum penalties of a 90-day suspension of pay and his removal from all city committees and boards.”

Councillor Karygiannis should also face these maximum penalties because the Integrity Commissioner already found him guilty in 2016 of mistreating a constituent and member of the public.

– 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

FOR IMMEDIATE RELEASE:
Tuesday, February 11, 2020

OTTAWA – Today, Democracy Watch released the complaint it has filed with City of Toronto Integrity Commissioner Jonathan Batty requesting an investigation and ruling that City Councillor Jim Karygiannis’ statements recorded in November 2018 and reported last Saturday in the Toronto Star about how he gives preferential treatment to supporters and retaliates against non-supporters violate the Code of Conduct for Members of Council (the “Code”).

As the Star article details, Councillor Karygiannis was recorded saying that he usually doesn’t report bylaw violations by people who volunteer, vote for or donate to him, and that he does report violations by non-supporters with “twice the pleasure.”

The preamble to the Code includes three statements of principle that “underline” the Code, including that members of Council should serve their constituents “conscientiously” and perform their functions with “integrity” and perform their duties “in a manner that promotes public confidence and will bear close public scrutiny.”

The Code also has specific rules that prohibit: “the use of one’s status as a member of Council to improperly influence the decision of another person” to advantage of the councilor or their family or associates (Article VII), and treating members of the public inappropriately, including through bullying or intimidation (Article XIV).

“Democracy Watch believes that Councillor Karygiannis’ statements amount to a confession that he gives preferential treatment to supporters and retaliates against non-supporters, and that the Integrity Commissioner should investigate and rule that he has violated the council’s code of conduct,” said Duff Conacher, Co-founder of Democracy Watch, who filed the complaint affidavit on behalf of Democracy Watch. “Councillor Karygiannis’ statements about his actions so unethically violate the key, democratic function of a councillor to serve all constituents fairly and well that the Integrity Commissioner should recommend the maximum penalties of a 90-day suspension of pay and his removal from all city committees and boards.”

Councillor Karygiannis should also face these maximum penalties because the Integrity Commissioner already found him guilty in 2016 of mistreating a constituent and member of the public.

– 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