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Democracy Watch files lawsuit against Ontario government’s new illegal, unconstitutional administrative tribunal appointment systemDemocracy Watch files lawsuit against Ontario government’s new illegal, unconstitutional administrative tribunal appointment system

Case asks court to rule the new system violates Ontario law and is unconstitutional as it gives Cabinet ministers much more control of tribunal members, weakening their independence and politicizing law enforcement

FOR IMMEDIATE RELEASE:
Thursday, July 16, 2020

OTTAWA – Today, Democracy Watch released the application it has filed in Ontario Superior Court challenging the Ford government’s changes last November to the appointments system for 19 tribunals (plus 13 other tribunals) in Ontario that issue quasi-judicial rulings in more than 150,000 cases each year, including the Human Rights Tribunal, Landlord and Tenant Board (the busiest with almost 80,000 cases annually), Child and Family Services Review Board, Social Benefits Tribunal, Environmental Review Tribunal and the Ontario Civilian Police Commission (See the 19 tribunals listed under sections 1.1 and 2 in this regulation and more information about seven of the tribunals here). Jameel Madhany and Lindsay Woods of Lerners LLP are representing Democracy Watch in the case.

As a result of the changes (s. 3.2.2) and how the Ford government has implemented them, tribunal members at 32 tribunals in total (See them listed in Schedule 1 in this regulation) are being appointed by the Ford Cabinet for short, inconsistent terms of two years or less, with re-appointments also controlled by the Cabinet. This means tribunal members have little job security and are essentially serving at the pleasure of the Cabinet, which violates legal requirements of independence and impartiality, and politicizes and weakens the enforcement of many key laws across the province.

The government’s changes have included terminating a large proportion of experienced tribunal members and, as a result, almost half of tribunal member positions are vacant in some tribunals. There has also been an increase in complaints about tribunals filed with the Ontario Ombudsman (who is investigating delays at the Landlord and Tenant Board), in part because people with less expertise but connections to the Ford government have been appointed to the tribunals and related enforcement agencies, including a Toronto police officer appointed to the Human Rights Commission. Another cause of these problems is that experienced people who have served on one tribunal have been rejected when they apply to be a member of another tribunal.

Democracy Watch’s application asks the court to rule that the new tribunal appointments and re-appointments system the Ford government has set up violates the purpose and section 14 of the Adjudicative Tribunals Accountability, Governance and Appointments Act that require independent tribunals and a merit-based and competitive appointment process for new tribunal members, and also violates the constitutional principles of administrative tribunal independence and the rule of law.

Democracy Watch’s application also asks the court to cancel appointments made under the Ford government’s new system because they are illegal and unconstitutional.

“The Ford government’s changes put 32 tribunals that handle more than 150,000 important human rights, citizen, community and environmental protection cases each year much more under the control of Cabinet ministers, which politicizes and weakens the enforcement of several key laws across Ontario,” said Duff Conacher, Co-founder of Democracy Watch. “Hopefully the courts will reject Ford’s changes and rule that they violate Ontario’s tribunal law and are unconstitutional, and that will lead to strengthening the independence and expertise of these many important law enforcement tribunals that protect Ontarians from being abused and harmed in many ways.”

Ontario’s tribunal appointments and re-appointment system wasn’t ideal before the Ford government changed it, as it also lacked full independence from the Cabinet, but overall it was much more merit-based and independent than the new system. The old system was:

  1. a competitive application process controlled by the tribunals (it is now largely controlled by Cabinet);
  2. with an initial fixed term of two years (now the initial term is “up to two years”);
  3. and the recommendations of the Chair of each tribunal for re-appointment of a tribunal member were usually accepted (under Ford they have usually been rejected);
  4. with re-appointment possible for a second fixed term of three years (now “up to three years”), and then a final fixed term of five years (now “up to five years” – for 10 years total(and renewal beyond 10 years was possible, but no longer is).

As a result, the old system gave tribunal members more long-term job security, which increased their independence and expertise, and decreased vacancies. Changing back to this system, along with making appointments and re-appointments decisions even more independent, would strengthen the fairness of law enforcement across Ontario.

– 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 Stop Unfair Law Enforcement Campaign

Case asks court to rule the new system violates Ontario law and is unconstitutional as it gives Cabinet ministers much more control of tribunal members, weakening their independence and politicizing law enforcement

FOR IMMEDIATE RELEASE:
Thursday, July 16, 2020

OTTAWA – Today, Democracy Watch released the application it has filed in Ontario Superior Court challenging the Ford government’s changes last November to the appointments system for 19 tribunals (plus 13 other tribunals) in Ontario that issue quasi-judicial rulings in more than 150,000 cases each year, including the Human Rights Tribunal, Landlord and Tenant Board (the busiest with almost 80,000 cases annually), Child and Family Services Review Board, Social Benefits Tribunal, Environmental Review Tribunal and the Ontario Civilian Police Commission (See the 19 tribunals listed under sections 1.1 and 2 in this regulation and more information about seven of the tribunals here). Jameel Madhany and Lindsay Woods of Lerners LLP are representing Democracy Watch in the case.

As a result of the changes (s. 3.2.2) and how the Ford government has implemented them, tribunal members at 32 tribunals in total (See them listed in Schedule 1 in this regulation) are being appointed by the Ford Cabinet for short, inconsistent terms of two years or less, with re-appointments also controlled by the Cabinet. This means tribunal members have little job security and are essentially serving at the pleasure of the Cabinet, which violates legal requirements of independence and impartiality, and politicizes and weakens the enforcement of many key laws across the province.

The government’s changes have included terminating a large proportion of experienced tribunal members and, as a result, almost half of tribunal member positions are vacant in some tribunals. There has also been an increase in complaints about tribunals filed with the Ontario Ombudsman (who is investigating delays at the Landlord and Tenant Board), in part because people with less expertise but connections to the Ford government have been appointed to the tribunals and related enforcement agencies, including a Toronto police officer appointed to the Human Rights Commission. Another cause of these problems is that experienced people who have served on one tribunal have been rejected when they apply to be a member of another tribunal.

Democracy Watch’s application asks the court to rule that the new tribunal appointments and re-appointments system the Ford government has set up violates the purpose and section 14 of the Adjudicative Tribunals Accountability, Governance and Appointments Act that require independent tribunals and a merit-based and competitive appointment process for new tribunal members, and also violates the constitutional principles of administrative tribunal independence and the rule of law.

Democracy Watch’s application also asks the court to cancel appointments made under the Ford government’s new system because they are illegal and unconstitutional.

“The Ford government’s changes put 32 tribunals that handle more than 150,000 important human rights, citizen, community and environmental protection cases each year much more under the control of Cabinet ministers, which politicizes and weakens the enforcement of several key laws across Ontario,” said Duff Conacher, Co-founder of Democracy Watch. “Hopefully the courts will reject Ford’s changes and rule that they violate Ontario’s tribunal law and are unconstitutional, and that will lead to strengthening the independence and expertise of these many important law enforcement tribunals that protect Ontarians from being abused and harmed in many ways.”

Ontario’s tribunal appointments and re-appointment system wasn’t ideal before the Ford government changed it, as it also lacked full independence from the Cabinet, but overall it was much more merit-based and independent than the new system. The old system was:

  1. a competitive application process controlled by the tribunals (it is now largely controlled by Cabinet);
  2. with an initial fixed term of two years (now the initial term is “up to two years”);
  3. and the recommendations of the Chair of each tribunal for re-appointment of a tribunal member were usually accepted (under Ford they have usually been rejected);
  4. with re-appointment possible for a second fixed term of three years (now “up to three years”), and then a final fixed term of five years (now “up to five years” – for 10 years total(and renewal beyond 10 years was possible, but no longer is).

As a result, the old system gave tribunal members more long-term job security, which increased their independence and expertise, and decreased vacancies. Changing back to this system, along with making appointments and re-appointments decisions even more independent, would strengthen the fairness of law enforcement across Ontario.

– 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 Stop Unfair Law Enforcement Campaign

Democracy Watch calls for different ethics inquiry into WE Charity contract, and also for different RCMP investigationDemocracy Watch calls for different ethics inquiry into WE Charity contract, and also for different RCMP investigation

Based on NDP and Conservative requests filed so far, neither Ethics Commissioner nor RCMP are investigating key question of whether Prime Minister Trudeau and/or anyone acting on his behalf (including Katie Telford) tried to influence the recommendation for a sole-source WE contract

Democracy Watch also calls in separate letter for ethics investigation of Finance Minister Morneau actions given his family ties to the WE Charity

Ethics Commissioner should not investigate as he was handpicked by Trudeau Cabinet through secretive, dishonest process

FOR IMMEDIATE RELEASE:
Monday, July 13, 2020

OTTAWA – Today, Democracy Watch released the 14-page letter it has sent to federal Ethics Commissioner Mario Dion calling on him to ensure a different independent investigation and ruling on whether Prime Minister Trudeau and/or anyone acting on his behalf tried to influence the decision he claims public servants made on their own to recommend that a sole-source contract be awarded to WE Charity to administer the Canada Student Service Grant (CSSG) program.

As Democracy Watch’s letter details, given the Prime Minister’s extensive family ties to WE Charity, if he or anyone acting on his behalf (including any Prime Minister’s Office (PMO) staff, any Cabinet minister or their staff, any Privy Council Office appointee, or any deputy or associate deputy minister, or deputy or associate deputy head) participated in or attempted to influence any public servant’s decision, it would be a violation of subsections 6(1) and section 9 of the federal Conflict of Interest Act (and possibly also section 8 if secret inside information was used in the attempt).

On Sunday, the Globe and Mail published an article with new information about the role of Katie Telford, the Prime Minister’s Chief of Staff, in the contracting process. According to the article: “The Prime Minister’s Office said Ms. Telford did not recuse herself from discussions about the contract…”

Democracy Watch is calling on the Ethics Commissioner to ensure a second inquiry is undertaken because the letters from Conservative MP Michael Barrett (June 28th) and NDP MP Charlie Angus (July 3rd) to Ethics Commissioner Dion did not request that Mr. Dion investigate whether PM Trudeau or anyone acting on his behalf tried to influence the decision to recommend a sole-source contract, a decision the PM claims the public service made on its own.

Commissioner Dion’s July 3rd response letters to MP Barrett and to MP Angus, and his office’s tweet that day say that he is only investigating whether Prime Minister Trudeau violated subsection 6(1) and sections 21 and 7 of the Act. And his response letters and tweet all strongly suggest that Commissioner Dion is only investigating the Prime Minister’s actions of announcing the WE Charity contract on June 25th, and defending the contract afterwards with the false claim that WE is the only organization that could administer the CSSG.

As Democracy Watch’s letter summarizes, DWatch’s position is that evidence revealed since July 3rd shows clearly those actions by Prime Minister Trudeau violated those sections. The PM’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. Given these ties, the PM had clear conflict of interest concerning any decision that furthered the interests of the charity.

As a result, when the PM revealed on July 8th that he didn’t recuse himself from the Cabinet decision to approve the WE Charity contract, he essentially admitted that he had violated subsection 6(1) and section 21 of the Act, which together require recusal when in even an appearance of a conflict of interest.

And by participating in approving a sole-source contract for WE Charity, while making the false claim that WE is the only organization that could administer the CSSG program, Prime Minister Trudeau also provided preferential treatment to WE based on who represents the charity, which violates section 7 of the Act.

Letter to RCMP re: breach of trust investigation

DWatch also released the 10-page letter it mailed to the RCMP last Friday calling for an investigation into whether the PM or anyone acting on his behalf attempted to influence anyone’s decision to recommend a sole-source contract be awarded to WE Charity.

This is different than the request the Conservative Party has reportedly sent to the RCMP that asks for an investigation into whether WE Charity essentially bribed the Prime Minister’s family in order to obtain the contract.

In DWatch’s opinion, if the PM or anyone acting on his behalf attempted to influence that decision, it is worthy of an investigation to determine if they violated the section 122 breach of trust section of the Criminal Code. Under the Supreme Court of Canada’s ruling in R. v. Boulanger (para. 58), there is a five-part test for breach of trust. The WE Charity contract situation involves evidence for all five parts, as the Prime Minister 1. is a public official; 2. who took part in an official decision; 3. that violates the ethics standards for his office; 4. and violates those rules in a significant way, and; 5. the Prime Minister made dishonest statements to excuse his participation in the decision, all to unethically further the financial interests of one of his wife’s favourite charities.

DWatch will be sending a follow-up letter to the RCMP with the new information revealed on Sunday by the Globe about Katie Telford’s involvement in the contracting process.

Letter re: Finance Minister Bill Morneau taking part in approval of contract

Democracy Watch also released the 6-page letter it has sent to the Ethics Commissioner concerning Finance Minister Bill Morneau participating in the Cabinet decision to approve the WE Charity contract. Given Minister Morneau’s one daughter has worked with the organization, and his other daughter works for the organization, DWatch’s position is that he violated subsection 6(1) and section 21 of the CofI Act by participating in the contract decision.

“Democracy Watch is calling on the Ethics Commissioner to ensure an independent investigation into the big, key question the Commissioner is not yet investigating – did Prime Minister Trudeau or anyone acting on his behalf attempt to influence the decision in favour of recommending that a sole-source contract be awarded to WE Charity?” said Duff Conacher, Co-founder of Democracy Watch. “Ethics Commissioner Dion cannot do this investigation as he was handpicked by the Trudeau Cabinet through a secretive, dishonest process that is being challenged in court, he has 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. Commissioner Dion must delegate the investigation to someone independent of his office and all political parties, such as a provincial ethics commissioner.”

“The RCMP should also investigate as there is evidence that raises the question of whether the situation involves more than just ethics violations and amounts to a breach of trust,” 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 Democracy Watch’s and Government Ethics Campaign and Stop Fraud Politician Spending Campaign

Based on NDP and Conservative requests filed so far, neither Ethics Commissioner nor RCMP are investigating key question of whether Prime Minister Trudeau and/or anyone acting on his behalf (including Katie Telford) tried to influence the recommendation for a sole-source WE contract

Democracy Watch also calls in separate letter for ethics investigation of Finance Minister Morneau actions given his family ties to the WE Charity

Ethics Commissioner should not investigate as he was handpicked by Trudeau Cabinet through secretive, dishonest process

FOR IMMEDIATE RELEASE:
Monday, July 13, 2020

OTTAWA – Today, Democracy Watch released the 14-page letter it has sent to federal Ethics Commissioner Mario Dion calling on him to ensure a different independent investigation and ruling on whether Prime Minister Trudeau and/or anyone acting on his behalf tried to influence the decision he claims public servants made on their own to recommend that a sole-source contract be awarded to WE Charity to administer the Canada Student Service Grant (CSSG) program.

As Democracy Watch’s letter details, given the Prime Minister’s extensive family ties to WE Charity, if he or anyone acting on his behalf (including any Prime Minister’s Office (PMO) staff, any Cabinet minister or their staff, any Privy Council Office appointee, or any deputy or associate deputy minister, or deputy or associate deputy head) participated in or attempted to influence any public servant’s decision, it would be a violation of subsections 6(1) and section 9 of the federal Conflict of Interest Act (and possibly also section 8 if secret inside information was used in the attempt).

On Sunday, the Globe and Mail published an article with new information about the role of Katie Telford, the Prime Minister’s Chief of Staff, in the contracting process. According to the article: “The Prime Minister’s Office said Ms. Telford did not recuse herself from discussions about the contract…”

Democracy Watch is calling on the Ethics Commissioner to ensure a second inquiry is undertaken because the letters from Conservative MP Michael Barrett (June 28th) and NDP MP Charlie Angus (July 3rd) to Ethics Commissioner Dion did not request that Mr. Dion investigate whether PM Trudeau or anyone acting on his behalf tried to influence the decision to recommend a sole-source contract, a decision the PM claims the public service made on its own.

Commissioner Dion’s July 3rd response letters to MP Barrett and to MP Angus, and his office’s tweet that day say that he is only investigating whether Prime Minister Trudeau violated subsection 6(1) and sections 21 and 7 of the Act. And his response letters and tweet all strongly suggest that Commissioner Dion is only investigating the Prime Minister’s actions of announcing the WE Charity contract on June 25th, and defending the contract afterwards with the false claim that WE is the only organization that could administer the CSSG.

As Democracy Watch’s letter summarizes, DWatch’s position is that evidence revealed since July 3rd shows clearly those actions by Prime Minister Trudeau violated those sections. The PM’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. Given these ties, the PM had clear conflict of interest concerning any decision that furthered the interests of the charity.

As a result, when the PM revealed on July 8th that he didn’t recuse himself from the Cabinet decision to approve the WE Charity contract, he essentially admitted that he had violated subsection 6(1) and section 21 of the Act, which together require recusal when in even an appearance of a conflict of interest.

And by participating in approving a sole-source contract for WE Charity, while making the false claim that WE is the only organization that could administer the CSSG program, Prime Minister Trudeau also provided preferential treatment to WE based on who represents the charity, which violates section 7 of the Act.

Letter to RCMP re: breach of trust investigation

DWatch also released the 10-page letter it mailed to the RCMP last Friday calling for an investigation into whether the PM or anyone acting on his behalf attempted to influence anyone’s decision to recommend a sole-source contract be awarded to WE Charity.

This is different than the request the Conservative Party has reportedly sent to the RCMP that asks for an investigation into whether WE Charity essentially bribed the Prime Minister’s family in order to obtain the contract.

In DWatch’s opinion, if the PM or anyone acting on his behalf attempted to influence that decision, it is worthy of an investigation to determine if they violated the section 122 breach of trust section of the Criminal Code. Under the Supreme Court of Canada’s ruling in R. v. Boulanger (para. 58), there is a five-part test for breach of trust. The WE Charity contract situation involves evidence for all five parts, as the Prime Minister 1. is a public official; 2. who took part in an official decision; 3. that violates the ethics standards for his office; 4. and violates those rules in a significant way, and; 5. the Prime Minister made dishonest statements to excuse his participation in the decision, all to unethically further the financial interests of one of his wife’s favourite charities.

DWatch will be sending a follow-up letter to the RCMP with the new information revealed on Sunday by the Globe about Katie Telford’s involvement in the contracting process.

Letter re: Finance Minister Bill Morneau taking part in approval of contract

Democracy Watch also released the 6-page letter it has sent to the Ethics Commissioner concerning Finance Minister Bill Morneau participating in the Cabinet decision to approve the WE Charity contract. Given Minister Morneau’s one daughter has worked with the organization, and his other daughter works for the organization, DWatch’s position is that he violated subsection 6(1) and section 21 of the CofI Act by participating in the contract decision.

“Democracy Watch is calling on the Ethics Commissioner to ensure an independent investigation into the big, key question the Commissioner is not yet investigating – did Prime Minister Trudeau or anyone acting on his behalf attempt to influence the decision in favour of recommending that a sole-source contract be awarded to WE Charity?” said Duff Conacher, Co-founder of Democracy Watch. “Ethics Commissioner Dion cannot do this investigation as he was handpicked by the Trudeau Cabinet through a secretive, dishonest process that is being challenged in court, he has 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. Commissioner Dion must delegate the investigation to someone independent of his office and all political parties, such as a provincial ethics commissioner.”

“The RCMP should also investigate as there is evidence that raises the question of whether the situation involves more than just ethics violations and amounts to a breach of trust,” 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 Democracy Watch’s and Government Ethics Campaign and Stop Fraud Politician Spending Campaign

90,000+ call for key measures to stop discrimination by Canada’s banks90,000+ call for key measures to stop discrimination by Canada’s banks

For more than 40 years, U.S. government has required banks to disclose lending and service records by race, gender, income and neighbourhood

Canadian governments have done nothing to stop bank discrimination, and are also years behind in key measures to stop police discrimination

FOR IMMEDIATE RELEASE:
Tuesday, June 16, 2020

OTTAWA – Today, Democracy Watch announced that more than 90,000 people from across Canada 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 enact key measures to stop Canada’s big banks from discriminating against any customer, and to do more to help Canadians and small businesses, and pay their fair share of taxes, now and after the coronavirus crisis.

For more than 40 years, U.S. has required under the Community Reinvestment Act (CRA) banks to disclose their lending and service record by race, gender, income and neighbourhood, and required them to take corrective action if they are found to be discriminating against any of their customers.

The CRA needs to be strengthened, but since the 1980s it has resulted across the U.S. in trillions of dollars of lending to credit-worthy visible minorities, women entrepreneurs, and has also helped ensure low-income neighbourhoods have access to banking services instead of finding only predatory payday lender outlets in their area.

In contrast, despite broad support across Canada for key changes for more than 20 years (mainly by the Canadian Community Reinvestment Coalition (CCRC) organized by Democracy Watch), Canadian governments have done nothing to stop discrimination by our big banks.

Canada’s Big Banks track their lending and service by the characteristics of customers – they could easily be required to disclose this information as part of their annual Public Accountability Statements, just like U.S. banks are required to do annually. In fact, four of Canada’s Big 6 Banks own and operate U.S. banks that are required to comply with the Community Reinvestment Act — Bank of Montreal (BMO) owns BMO Harris Bank, Canadian Imperial Bank of Commerce (CIBC) owns CIBC U.S., Royal Bank of Canada (RBC) owns City National Bank, and Toronto-Dominion Bank (TD) owns TD Bank.

As well Canadian governments have done nothing to stop gouging by our big banks. Canada’s Big 6 Banks 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 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 not for small businesses) who request a deferral for a couple of months, and to process small business loans funded by the government (which are not being used very much by many small businesses), in addition to the up-to-6-month 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 more than 40 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 Conacher. “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.

See Full List of Key Bank Accountability Changes.

As well, 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).

– 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

For more than 40 years, U.S. government has required banks to disclose lending and service records by race, gender, income and neighbourhood

Canadian governments have done nothing to stop bank discrimination, and are also years behind in key measures to stop police discrimination

FOR IMMEDIATE RELEASE:
Tuesday, June 16, 2020

OTTAWA – Today, Democracy Watch announced that more than 90,000 people from across Canada 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 enact key measures to stop Canada’s big banks from discriminating against any customer, and to do more to help Canadians and small businesses, and pay their fair share of taxes, now and after the coronavirus crisis.

For more than 40 years, U.S. has required under the Community Reinvestment Act (CRA) banks to disclose their lending and service record by race, gender, income and neighbourhood, and required them to take corrective action if they are found to be discriminating against any of their customers.

The CRA needs to be strengthened, but since the 1980s it has resulted across the U.S. in trillions of dollars of lending to credit-worthy visible minorities, women entrepreneurs, and has also helped ensure low-income neighbourhoods have access to banking services instead of finding only predatory payday lender outlets in their area.

In contrast, despite broad support across Canada for key changes for more than 20 years (mainly by the Canadian Community Reinvestment Coalition (CCRC) organized by Democracy Watch), Canadian governments have done nothing to stop discrimination by our big banks.

Canada’s Big Banks track their lending and service by the characteristics of customers – they could easily be required to disclose this information as part of their annual Public Accountability Statements, just like U.S. banks are required to do annually. In fact, four of Canada’s Big 6 Banks own and operate U.S. banks that are required to comply with the Community Reinvestment Act — Bank of Montreal (BMO) owns BMO Harris Bank, Canadian Imperial Bank of Commerce (CIBC) owns CIBC U.S., Royal Bank of Canada (RBC) owns City National Bank, and Toronto-Dominion Bank (TD) owns TD Bank.

As well Canadian governments have done nothing to stop gouging by our big banks. Canada’s Big 6 Banks 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 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 not for small businesses) who request a deferral for a couple of months, and to process small business loans funded by the government (which are not being used very much by many small businesses), in addition to the up-to-6-month 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 more than 40 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 Conacher. “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.

See Full List of Key Bank Accountability Changes.

As well, 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).

– 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

85,000+ call on federal parties to Make the Big Banks Help more during the coronavirus crisis, and after85,000+ 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:
Thursday, May 14, 2020

OTTAWA – Today, Democracy Watch announced that now more than 85,000 people from across Canada 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 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 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 not for 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 up-to-6-month 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 big banks can afford to do much more to help during this crisis, and must be required by law passed by the federal Liberals and all parties to disclose much more information about how they treat customers and borrowers, and about their profits in every part of their business, to ensure they don’t gouge or abuse anyone and are effectively required to serve everyone fairly and well with fair interest rates and fees,” said Duff Conacher, Co-founder of Democracy Watch.

“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 Conacher. “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 Conacher. “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 years 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 (as in some European countries);
  7. To pay their fair share of taxes now, and in the future, by closing all the loopholes they exploit and (as England and Australia have) imposing an excess profits tax, 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.

– 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:
Thursday, May 14, 2020

OTTAWA – Today, Democracy Watch announced that now more than 85,000 people from across Canada 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 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 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 not for 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 up-to-6-month 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 big banks can afford to do much more to help during this crisis, and must be required by law passed by the federal Liberals and all parties to disclose much more information about how they treat customers and borrowers, and about their profits in every part of their business, to ensure they don’t gouge or abuse anyone and are effectively required to serve everyone fairly and well with fair interest rates and fees,” said Duff Conacher, Co-founder of Democracy Watch.

“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 Conacher. “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 Conacher. “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 years 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 (as in some European countries);
  7. To pay their fair share of taxes now, and in the future, by closing all the loopholes they exploit and (as England and Australia have) imposing an excess profits tax, 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.

– 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

Democracy Watch calls on B.C. Special Prosecutor to reverse decision not to prosecute anyone in lobbyist donations scandalDemocracy Watch calls on B.C. Special Prosecutor to reverse decision not to prosecute anyone in lobbyist donations scandal

Investigation ending like quick-wins probe – years later with very questionable decision not to prosecute anyone

FOR IMMEDIATE RELEASE:
Tuesday, May 12, 2020

OTTAWA – Today, Democracy Watch called on the B.C. Special Prosecutor David Butcher to reverse his decision announced yesterday not to prosecute anyone involved in the lobbyist donation scheme revealed by the Globe and Mail in March 2017 in which several lobbyists donated money their clients gave them. Mr. Butcher’s decision is based on his exaggerated conclusion that convictions wouldn’t be possible, and the RCMP’s misplaced reasoning in its August 2019 report that the trials may cost more than the illegal donations.

“In situations like this, where a rule in a law has not been drawn clearly in past court rulings, prosecutors should generally prosecute when there is evidence of a violation and let the courts decide whether the accused has crossed the line,” said Duff Conacher, Co-founder of Democracy Watch. “By failing to prosecute anyone, the special prosecutor has let all the alleged violators off the hook without even identifying them, and blocked the courts from ruling on their very questionable and likely illegal actions.”

David Butcher was appointed Special Prosecutor to assist the RCMP investigation at the end of March 2017. Elections B.C. reported in April 2017 that the B.C. Liberals had returned $174,313 in donations dating back to 2010 ($92,874 of which the Liberals had admitted were “prohibited” donations), and that the NDP had returned $10,500.

“The B.C. Liberals admitted they returned almost $93,000 in illegal donations in April 2017, so it’s unbelievable that special prosecutor Butcher has decided three years later not to prosecute any of those easily identifiable donors for violating B.C.’s political donations law,” said Duff Conacher, Co-founder of Democracy Watch. “Mr. Butcher should drop his weak excuses and reverse his unjustifiable decision and prosecute the people who violated this key democracy law.”

The RCMP’s investigation is ending like another long-delayed investigation overseen by Butcher – the so-called “quick-wins probe” that lasted five years and resulted in only one person pleading guilty even though the RCMP recommended charges against other people.

In this case, according to the first page of Mr. Butcher’s statement released yesterday, the RCMP’s report stated that there was “no substantial likelihood of conviction” in many of the donation situations and, secondly, that “where violations have occurred the RCMP has determined that is not in the public interest to pursue a prosecution, as the cost of doing so would be disproportionate to the value of the donations under investigation.”

Mr. Butcher exaggerates what the RCMP reported to say on the third page of his statement that “I have concluded that there is no prospect of any conviction in this case.”

The RCMP report paragraph quoted on the first page of Mr. Butcher’s statement didn’t say that there was no chance of conviction, it said that violations occurred but conviction wouldn’t be likely, and that the cost of prosecuting outweighs the amount of the donations.

Those are lame excuses that Mr. Butcher should not have exaggerated to try to create cover for his unjustified decision not to prosecute anyone.

Many people are prosecuted in Canada without full, clear evidence, including many who have stolen less than the cost of prosecuting them. They are prosecuted in part to send the message to the public that you can’t break the law and get away with it.

The message Mr. Butcher’s decision not to prosecute sends is that you can break the law in B.C. and get away with it, if you are part of the province’s political and legal elite – which won’t surprise many people in the province.

“Once again, David Butcher is burying, through unjustifiable delay and excuses, the possibility of powerful people in B.C. who have violated a key democracy-protecting law being prosecuted and convicted,” said Conacher.

At the end of his statement, Mr. Butcher says about the 2018 changes to B.C.’s political donations banning corporate and union donations and limiting individual donations to $1,200 annually that: “These amendments should squarely address the concerns expressed by the media and the complainants in this case.” This is entirely wrong. Democracy Watch’s concern was that lobbyists broke the law, and the only thing that will address that concern is having the lobbyists who violated the law prosecuted.

– 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 Money in Politics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

Investigation ending like quick-wins probe – years later with very questionable decision not to prosecute anyone

FOR IMMEDIATE RELEASE:
Tuesday, May 12, 2020

OTTAWA – Today, Democracy Watch called on the B.C. Special Prosecutor David Butcher to reverse his decision announced yesterday not to prosecute anyone involved in the lobbyist donation scheme revealed by the Globe and Mail in March 2017 in which several lobbyists donated money their clients gave them. Mr. Butcher’s decision is based on his exaggerated conclusion that convictions wouldn’t be possible, and the RCMP’s misplaced reasoning in its August 2019 report that the trials may cost more than the illegal donations.

“In situations like this, where a rule in a law has not been drawn clearly in past court rulings, prosecutors should generally prosecute when there is evidence of a violation and let the courts decide whether the accused has crossed the line,” said Duff Conacher, Co-founder of Democracy Watch. “By failing to prosecute anyone, the special prosecutor has let all the alleged violators off the hook without even identifying them, and blocked the courts from ruling on their very questionable and likely illegal actions.”

David Butcher was appointed Special Prosecutor to assist the RCMP investigation at the end of March 2017. Elections B.C. reported in April 2017 that the B.C. Liberals had returned $174,313 in donations dating back to 2010 ($92,874 of which the Liberals had admitted were “prohibited” donations), and that the NDP had returned $10,500.

“The B.C. Liberals admitted they returned almost $93,000 in illegal donations in April 2017, so it’s unbelievable that special prosecutor Butcher has decided three years later not to prosecute any of those easily identifiable donors for violating B.C.’s political donations law,” said Duff Conacher, Co-founder of Democracy Watch. “Mr. Butcher should drop his weak excuses and reverse his unjustifiable decision and prosecute the people who violated this key democracy law.”

The RCMP’s investigation is ending like another long-delayed investigation overseen by Butcher – the so-called “quick-wins probe” that lasted five years and resulted in only one person pleading guilty even though the RCMP recommended charges against other people.

In this case, according to the first page of Mr. Butcher’s statement released yesterday, the RCMP’s report stated that there was “no substantial likelihood of conviction” in many of the donation situations and, secondly, that “where violations have occurred the RCMP has determined that is not in the public interest to pursue a prosecution, as the cost of doing so would be disproportionate to the value of the donations under investigation.”

Mr. Butcher exaggerates what the RCMP reported to say on the third page of his statement that “I have concluded that there is no prospect of any conviction in this case.”

The RCMP report paragraph quoted on the first page of Mr. Butcher’s statement didn’t say that there was no chance of conviction, it said that violations occurred but conviction wouldn’t be likely, and that the cost of prosecuting outweighs the amount of the donations.

Those are lame excuses that Mr. Butcher should not have exaggerated to try to create cover for his unjustified decision not to prosecute anyone.

Many people are prosecuted in Canada without full, clear evidence, including many who have stolen less than the cost of prosecuting them. They are prosecuted in part to send the message to the public that you can’t break the law and get away with it.

The message Mr. Butcher’s decision not to prosecute sends is that you can break the law in B.C. and get away with it, if you are part of the province’s political and legal elite – which won’t surprise many people in the province.

“Once again, David Butcher is burying, through unjustifiable delay and excuses, the possibility of powerful people in B.C. who have violated a key democracy-protecting law being prosecuted and convicted,” said Conacher.

At the end of his statement, Mr. Butcher says about the 2018 changes to B.C.’s political donations banning corporate and union donations and limiting individual donations to $1,200 annually that: “These amendments should squarely address the concerns expressed by the media and the complainants in this case.” This is entirely wrong. Democracy Watch’s concern was that lobbyists broke the law, and the only thing that will address that concern is having the lobbyists who violated the law prosecuted.

– 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 Money in Politics Campaign and Stop Unfair Law Enforcement Campaign and Stop Bad Government Appointments Campaign

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