{"id":11245,"date":"2019-12-12T08:01:47","date_gmt":"2019-12-12T13:01:47","guid":{"rendered":"https:\/\/democracywatch.ca\/?p=11245"},"modified":"2025-05-25T07:18:50","modified_gmt":"2025-05-25T11:18:50","slug":"trudeau-liberals-appeal-of-federal-court-ruling-ordering-lobbying-commissioner-to-investigate-aga-khans-bahamas-trip-gift-to-pm-trudeau-in-court-today","status":"publish","type":"post","link":"https:\/\/democracywatch.ca\/fr\/trudeau-liberals-appeal-of-federal-court-ruling-ordering-lobbying-commissioner-to-investigate-aga-khans-bahamas-trip-gift-to-pm-trudeau-in-court-today\/","title":{"rendered":"Trudeau Liberals\u2019 appeal of Federal Court ruling ordering Lobbying Commissioner to investigate Aga Khan\u2019s Bahamas trip gift to PM Trudeau in court todayTrudeau Liberals\u2019 appeal of Federal Court ruling ordering Lobbying Commissioner to investigate Aga Khan\u2019s Bahamas trip gift to PM Trudeau in court today"},"content":{"rendered":"<h3 align=\"center\"><span style=\"color: black;\">Federal Court ruling also extended lobbying disclosure and ethics rules to many more business, union and organization board members, and expanded Lobbying Commissioner\u2019s investigation mandate<\/span><\/h3>\n\n<p><b>FOR IMMEDIATE RELEASE:<\/b><br>Thursday, December 12, 2019<\/p>\n\n<p>OTTAWA &#8211; Today, the Trudeau Liberals\u2019 appeal of the <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/federal-court-rules-lobbying-commissioner-was-wrong-to-let-aga-khan-off-the-hook-for-bahamas-trip-gift-to-pm-trudeau\/\" rel=\"noopener noreferrer\">Federal Court ruling<\/a> that Democracy Watch won at the end of last March that ordered the federal Commissioner of Lobbying to investigate further the Aga Khan\u2019s Bahamas trip gift to Prime Minister Trudeau is being heard by Federal Court of the Appeal in Ottawa.  Sebastian Spano is representing Democracy Watch in the appeal, which is Court File #A-159-19.<\/p>\n\n<p>The <em>Lobbyists\u2019 Code<\/em>, which the Commissioner enforces, <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/eic\/site\/012.nsf\/eng\/h_00015.html\" rel=\"noopener noreferrer\">prohibits<\/a> lobbyists registered under the <em>Lobbying Act<\/em> from doing anything for, or giving anything to, anyone they are lobbying, and requires compliance with several strongly worded principles.<\/p>\n\n<p>Former Commissioner of Lobbying Karen Shepherd\u2019s secret September 2017 ruling stated even though the Aga Khan was lobbying the PM, and is chair of the <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/app\/secure\/ocl\/lrs\/do\/vwRg?cno=278184&amp;regId=871120\" rel=\"noopener noreferrer\">Aga Khan Foundation, which is registered to lobby the PM<\/a>, because someone at the Foundation claimed the Aga Khan wasn\u2019t paid to lobby for it, the <em>Lobbying Act<\/em> and <em>Lobbyists\u2019 Code of Conduct<\/em> were not violated.<\/p>\n\n<p>The <a target=\"_blank\" href=\"https:\/\/decisions.fct-cf.gc.ca\/fc-cf\/decisions\/en\/item\/367504\/index.do\" rel=\"noopener noreferrer\">Federal Court ruling<\/a> rejected Commissioner Shepherd\u2019s ruling as \u201cunreasonable\u201d because it was <em>\u201ca narrow, technical, and targeted analysis that is lacking in transparency, justification, and intelligibility when considered in the context the Commissioner\u2019s duties and functions\u201d<\/em> (para. 146). As a result, the court ordered the Commissioner of Lobbying (now Nancy B\u00e9langer) to re-examine the actions of everyone at the Aga Khan Foundation with \u201c<em>a broad view of the circumstances<\/em>.\u201d<\/p>\n\n<p><a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/wp-content\/uploads\/DWatchFactumA-159-19.pdf\" rel=\"noopener noreferrer\">Democracy Watch is arguing<\/a> that the Federal Court&#8217;s ruling properly required that the Commissioner investigate everyone at the Aga Khan Foundation, especially the senior officer who is required to ensure that everyone at the foundation complies with the lobbying law and code.  Democracy Watch also supports the parts of the Federal Court ruling that extended the federal lobbying law and code to cover essentially all board members of businesses, unions and other organizations, and that strengthened the requirement that the Commissioner of Lobbying investigate any situation that raises questions about possible violations.<\/p>\n\n<p>The Trudeau government, represented by the Attorney General of Canada, is arguing that Commissioner Shepherd&#8217;s decision to stop her investigation and clear the Aga Khan was reasonable, and that the Federal Court&#8217;s ruling should have respected the Commissioner&#8217;s authority and not overruled her decision.  The Trudeau government also argues that parts of the Federal Court&#8217;s ruling were improper because they extended the lobbying law&#8217;s disclosure and enforcement requirements further than Parliament intended.<\/p>\n\n<p><em>\u201cBy appealing the Federal Court\u2019s ruling, the Trudeau Liberals are wasting taxpayers\u2019 money on protecting Trudeau\u2019s old family friend the Aga Khan from accountability for unethical lobbying,\u201d<\/em> said Duff Conacher, Co-founder of Democracy Watch. \u201c<em>The Trudeau Liberals\u2019 appeal of this case also supports allowing many board members of businesses, unions and other organizations to continue lobbying in secret, and allowing the Lobbying Commissioner to continue her negligently weak enforcement of the federal lobbying law and code.\u201d<\/em><\/p>\n\n<p>The Federal Court ruling also greatly broadened the scope of the <em>Lobbying Act<\/em> to cover board members of businesses and other organizations who are compensated in any way or receive \u201canything of value\u201d \u2013 including even the value of being given a position as a member of board (paras. 134-143). Up to now, the Lobbying Commissioner has interpreted the <em>Act<\/em> as requiring board members to disclose their lobbying in the <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/eic\/site\/012.nsf\/eng\/h_00950.html\" rel=\"noopener noreferrer\">Registry of Lobbyists<\/a> only if <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/eic\/site\/012.nsf\/eng\/00129.html\" rel=\"noopener noreferrer\">they were paid more than their expenses<\/a>. The Federal Court rejected that narrow interpretation.<\/p>\n\n<p>The Federal Court\u2019s ruling also required the Commissioner of Lobbying to investigate and issue a public ruling whenever there are \u201c<em>potential compliance questions<\/em>\u201d (para. 133) concerning the actions of anyone, or any business or organization that relate to the requirements of the <em>Lobbying Act<\/em> or <em>Lobbyists\u2019 Code<\/em> (paras. 127-134). In the past, the <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/group-calls-on-auditor-general-to-audit-performance-of-federal-commissioner-of-lobbying-and-rcmp\/\" rel=\"noopener noreferrer\">Lobbying Commissioner has regularly ignored<\/a> situations that raised such questions.<\/p>\n\n<p style=\"text-align: center;\">&#8211; 30 \u2013<\/p>\n<p style=\"text-align: center;\"><strong>FOR MORE INFORMATION, CONTACT:<\/strong><br>Duff Conacher, Co-founder of Democracy Watch<br>Tel: (613) 241-5179<br>Cell: 416-546-3443<br>Email: <a target=\"_blank\" href=\"mailto:info@democracywatch.ca\" rel=\"noopener noreferrer\">info@democracywatch.ca<\/a><\/p>\n<p align=\"center\">Democracy Watch\u2019s <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/campaigns\/government-ethics-campaign\/\" rel=\"noopener noreferrer\">Government Ethics Campaign<\/a><\/p>\n\n<h3 align=\"center\"><span style=\"color: black;\">Federal Court ruling also extended lobbying disclosure and ethics rules to many more business, union and organization board members, and expanded Lobbying Commissioner\u2019s investigation mandate<\/span><\/h3>\n\n<p><b>FOR IMMEDIATE RELEASE:<\/b><br>Thursday, December 12, 2019<\/p>\n\n<p>OTTAWA &#8211; Today, the Trudeau Liberals\u2019 appeal of the <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/federal-court-rules-lobbying-commissioner-was-wrong-to-let-aga-khan-off-the-hook-for-bahamas-trip-gift-to-pm-trudeau\/\" rel=\"noopener noreferrer\">Federal Court ruling<\/a> that Democracy Watch won at the end of last March that ordered the federal Commissioner of Lobbying to investigate further the Aga Khan\u2019s Bahamas trip gift to Prime Minister Trudeau is being heard by Federal Court of the Appeal in Ottawa.  Sebastian Spano is representing Democracy Watch in the appeal, which is Court File #A-159-19.<\/p>\n\n<p>The <em>Lobbyists\u2019 Code<\/em>, which the Commissioner enforces, <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/eic\/site\/012.nsf\/eng\/h_00015.html\" rel=\"noopener noreferrer\">prohibits<\/a> lobbyists registered under the <em>Lobbying Act<\/em> from doing anything for, or giving anything to, anyone they are lobbying, and requires compliance with several strongly worded principles.<\/p>\n\n<p>Former Commissioner of Lobbying Karen Shepherd\u2019s secret September 2017 ruling stated even though the Aga Khan was lobbying the PM, and is chair of the <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/app\/secure\/ocl\/lrs\/do\/vwRg?cno=278184&amp;regId=871120\" rel=\"noopener noreferrer\">Aga Khan Foundation, which is registered to lobby the PM<\/a>, because someone at the Foundation claimed the Aga Khan wasn\u2019t paid to lobby for it, the <em>Lobbying Act<\/em> and <em>Lobbyists\u2019 Code of Conduct<\/em> were not violated.<\/p>\n\n<p>The <a target=\"_blank\" href=\"https:\/\/decisions.fct-cf.gc.ca\/fc-cf\/decisions\/en\/item\/367504\/index.do\" rel=\"noopener noreferrer\">Federal Court ruling<\/a> rejected Commissioner Shepherd\u2019s ruling as \u201cunreasonable\u201d because it was <em>\u201ca narrow, technical, and targeted analysis that is lacking in transparency, justification, and intelligibility when considered in the context the Commissioner\u2019s duties and functions\u201d<\/em> (para. 146). As a result, the court ordered the Commissioner of Lobbying (now Nancy B\u00e9langer) to re-examine the actions of everyone at the Aga Khan Foundation with \u201c<em>a broad view of the circumstances<\/em>.\u201d<\/p>\n\n<p><a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/wp-content\/uploads\/DWatchFactumA-159-19.pdf\" rel=\"noopener noreferrer\">Democracy Watch is arguing<\/a> that the Federal Court&#8217;s ruling properly required that the Commissioner investigate everyone at the Aga Khan Foundation, especially the senior officer who is required to ensure that everyone at the foundation complies with the lobbying law and code.  Democracy Watch also supports the parts of the Federal Court ruling that extended the federal lobbying law and code to cover essentially all board members of businesses, unions and other organizations, and that strengthened the requirement that the Commissioner of Lobbying investigate any situation that raises questions about possible violations.<\/p>\n\n<p>The Trudeau government, represented by the Attorney General of Canada, is arguing that Commissioner Shepherd&#8217;s decision to stop her investigation and clear the Aga Khan was reasonable, and that the Federal Court&#8217;s ruling should have respected the Commissioner&#8217;s authority and not overruled her decision.  The Trudeau government also argues that parts of the Federal Court&#8217;s ruling were improper because they extended the lobbying law&#8217;s disclosure and enforcement requirements further than Parliament intended.<\/p>\n\n<p><em>\u201cBy appealing the Federal Court\u2019s ruling, the Trudeau Liberals are wasting taxpayers\u2019 money on protecting Trudeau\u2019s old family friend the Aga Khan from accountability for unethical lobbying,\u201d<\/em> said Duff Conacher, Co-founder of Democracy Watch. \u201c<em>The Trudeau Liberals\u2019 appeal of this case also supports allowing many board members of businesses, unions and other organizations to continue lobbying in secret, and allowing the Lobbying Commissioner to continue her negligently weak enforcement of the federal lobbying law and code.\u201d<\/em><\/p>\n\n<p>The Federal Court ruling also greatly broadened the scope of the <em>Lobbying Act<\/em> to cover board members of businesses and other organizations who are compensated in any way or receive \u201canything of value\u201d \u2013 including even the value of being given a position as a member of board (paras. 134-143). Up to now, the Lobbying Commissioner has interpreted the <em>Act<\/em> as requiring board members to disclose their lobbying in the <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/eic\/site\/012.nsf\/eng\/h_00950.html\" rel=\"noopener noreferrer\">Registry of Lobbyists<\/a> only if <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/eic\/site\/012.nsf\/eng\/00129.html\" rel=\"noopener noreferrer\">they were paid more than their expenses<\/a>. The Federal Court rejected that narrow interpretation.<\/p>\n\n<p>The Federal Court\u2019s ruling also required the Commissioner of Lobbying to investigate and issue a public ruling whenever there are \u201c<em>potential compliance questions<\/em>\u201d (para. 133) concerning the actions of anyone, or any business or organization that relate to the requirements of the <em>Lobbying Act<\/em> or <em>Lobbyists\u2019 Code<\/em> (paras. 127-134). In the past, the <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/group-calls-on-auditor-general-to-audit-performance-of-federal-commissioner-of-lobbying-and-rcmp\/\" rel=\"noopener noreferrer\">Lobbying Commissioner has regularly ignored<\/a> situations that raised such questions.<\/p>\n\n<p style=\"text-align: center;\">&#8211; 30 \u2013<\/p>\n<p style=\"text-align: center;\"><strong>FOR MORE INFORMATION, CONTACT:<\/strong><br>Duff Conacher, Co-founder of Democracy Watch<br>Tel: (613) 241-5179<br>Cell: 416-546-3443<br>Email: <a target=\"_blank\" href=\"mailto:info@democracywatch.ca\" rel=\"noopener noreferrer\">info@democracywatch.ca<\/a><\/p>\n<p align=\"center\">Democracy Watch\u2019s <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/campaigns\/government-ethics-campaign\/\" rel=\"noopener noreferrer\">Government Ethics Campaign<\/a><\/p>","protected":false},"excerpt":{"rendered":"<p>Federal Court ruling also extended lobbying disclosure and ethics rules to many more business, union and organization board members, and expanded Lobbying Commissioner\u2019s investigation mandate FOR IMMEDIATE RELEASE:Thursday, December 12, 2019 OTTAWA &#8211; Today, the Trudeau Liberals\u2019 appeal of the Federal Court ruling that Democracy Watch won at the end of last March that ordered [&hellip;]<\/p>\n","protected":false},"author":12,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[5],"tags":[],"class_list":["post-11245","post","type-post","status-publish","format-standard","hentry","category-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/11245","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/comments?post=11245"}],"version-history":[{"count":5,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/11245\/revisions"}],"predecessor-version":[{"id":18491,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/11245\/revisions\/18491"}],"wp:attachment":[{"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/media?parent=11245"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/categories?post=11245"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/tags?post=11245"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}