{"id":12467,"date":"2021-02-10T08:17:02","date_gmt":"2021-02-10T13:17:02","guid":{"rendered":"https:\/\/democracywatch.ca\/?p=12467"},"modified":"2025-05-25T07:16:58","modified_gmt":"2025-05-25T11:16:58","slug":"democracy-watch-sues-integrity-commissioner-for-letting-ford-pc-party-connected-lobbyists-lobby-ford-cabinet-unethically","status":"publish","type":"post","link":"https:\/\/democracywatch.ca\/fr\/democracy-watch-sues-integrity-commissioner-for-letting-ford-pc-party-connected-lobbyists-lobby-ford-cabinet-unethically\/","title":{"rendered":"Democracy Watch sues Integrity Commissioner for letting Ford\/PC Party-connected lobbyists lobby Ford Cabinet unethicallyDemocracy Watch sues Integrity Commissioner for letting Ford\/PC Party-connected lobbyists lobby Ford Cabinet unethically"},"content":{"rendered":"

Court cases challenge Commissioner\u2019s first three public rulings on lobbying ethics rule enacted in July 2016 \u2013 he has made 763 secret decisions since 2018<\/span><\/h3>\n

Even a Ford PC Party MPP is concerned about whether Ford is giving these lobbyists policy gifts as they cash in on their so-called \u201cpublic service\u201d<\/span><\/h3>\n\n

FOR IMMEDIATE RELEASE:<\/b>
Wednesday, February 10, 2021<\/p>\n\n

OTTAWA \u2013 Today, Democracy Watch announced that it has filed three applications in Ontario\u2019s Divisional Court challenging rulings by Ontario\u2019s Integrity Commissioner J. David Wake that allowed lobbyists who worked on campaigns for Ontario politicians, or gave them gifts, to lobby the politicians soon afterwards.<\/p>\n\n

The cases challenge the first three public rulings of the Integrity Commissioner\u2019s unknown number of decisions that have let dozens of people (and maybe more) lobby Doug Ford and his Cabinet ministers soon after they campaigned, fundraised or worked for Ford and\/or Ontario\u2019s PC Party in the 2018 leadership race and election, and\/or worked for Ford or one or more of his ministers since the election.<\/p>\n\n

Many of these people are still advising Ford and\/or in senior PC Party positions while they continue to lobby Ford\u2019s Cabinet on long-term care<\/a>, property development, COVID-19 relief, mining, and other big issues.<\/p>\n\n

The cases challenge rulings #6 and 7 on page 52 of the Commissioner\u2019s 2019-2020 Annual Report<\/em><\/a>, and ruling #10 on page 53 of the Report<\/em>. These are the first three rulings that the Integrity Commissioner has made public enforcing section 3.4<\/a> of Ontario\u2019s Lobbyists Registration Act<\/em> (LR Act<\/em>). The cases are Division Court file numbers 632\/20, 633\/20 and 634\/20. Nick Papageorge of Ross McBride LLP<\/a> is representing Democracy Watch for the cases. Click here<\/a> to see the Notice of Application challenging ruling #6 (the other two applications are very similar).<\/p>\n\n

Section 3.4 was added to the LR Act<\/em> on July 1, 2016, and it prohibits lobbying any politician or other public office holder if it will create a real or potential conflict of interest or make it improper for them to further the interests of the lobbyist or their clients. Commissioner Wake\u2019s rulings are based on a very weak Interpretation<\/a> Bulletin<\/span> he finally issued in June 2020 that claims when a lobbyist assists a politician with fundraising or campaigning or gives them a gift<\/a>, the conflict of interest created by the assistance or gift disappears soon afterwards, so the lobbyist can then lobby the politician and their staff.<\/p>\n\n

The cases also ask the courts to rule that Commissioner Wake was biased when he issued the three rulings, given he knew that he would need the unanimous approval of Ford\u2019s Cabinet and all MPPs to be re-appointed for a second five-year term, which happened on December 1st<\/a> (although many MPPs were not present for that snap vote<\/a>).<\/p>\n\n

\u201cDozens of people who have helped or worked for Doug Ford or his Cabinet ministers or the PC Party have set themselves up in lobbying firms and, even though many of them have never lobbied before, big businesses are hiring them because they know it will get them inside access to Ford and his ministers,\u201d<\/em> Duff Conacher, co-founder of Democracy Watch. \u201cDemocracy Watch is challenging the first three very weak decisions that Ontario\u2019s so-called Integrity Commissioner has made public that have allowed lobbyists corrupt Ontario government policy-making as they cash in on their so-called public service.\u201d<\/em><\/p>\n\n

\u201cHopefully the courts will issue rulings that stop this unethical lobbying of Ford’s Cabinet and require the Commissioner to start enforcing the lobbying ethics rules strictly and strongly,\u201d<\/em> said Conacher. \u201cDemocracy Watch will continue challenging the Integrity Commissioner\u2019s rulings in court, and his excessive secrecy including 763 secret decisions since 2018, as long as the Commissioner continues letting lobbyists lobby politicians unethically, and violate the lobbying law in other ways.\u201d<\/em><\/p>\n\n

Even one of Ford\u2019s MPPs has expressed concern, as Thornhill MPP Gila Martow<\/a> issued a statement via Twitter<\/a> and a docs webpage<\/a> in December that said in part:<\/p>\n\n

\u201cBig box retailers should not be permitted to enrich themselves on the backs of small businesses simply because they can afford to hire <\/span>well-connected lobbyists like Melissa Lantsman<\/a> to get them preferential treatment.\u201d (link in original)<\/em><\/span><\/p>\n\n

Since April 2018, Commissioner Wake has issued 192 secret Advisory Opinions, closed 135 secret compliance reviews at the initial stage, and resolved 436 cases informally in secret (Click here<\/strong><\/a> to see <\/strong>Backgrounder on Integrity Commissioner\u2019s Rulings<\/em> 2018-2020<\/em>). At least some of those 763 secret decisions by Commissioner Wake have allowed dozens of other lobbyists (see list<\/strong> in next paragraph) to fundraise or campaign or give significant gifts to Ford\u2019s Cabinet and then lobby them soon afterwards.<\/p>\n\n

In addition to Melissa Lantsman<\/a> of Enterprise Canada<\/a>, the Commissioner has been letting the following lobbyists who have campaigned or worked for Ford or his Cabinet ministers lobby the Ford government unethically: Chris Froggatt<\/a> of Loyalist Public Affairs<\/a>; Kory Teneycke of Rubicon Strategy<\/a>; Michael Diamond<\/a> of Upstream Strategy Group<\/a>; Alex Simakov<\/a> of Sussex Strategy Group<\/a>; Brayden Akers of Navigator Ltd.<\/a>; Andrew Brander<\/a> of Crestview Strategies<\/a>; Carly Luis<\/a> of StrategyCorp<\/a> (until she re-joined as Ford Cabinet staff in September 2020); Melanie Paradis<\/a> of McMillan Vantage<\/a> (until she started working for Erin O\u2019Toole in Sept. 2020<\/a>) \u2013 and many others at their lobbying firms. Click here<\/strong><\/a> to see the full list<\/strong>.<\/p>\n\n

All other commissioners in Canada have ruled that the conflict of interest created by assisting a politician in any significant way lasts for several years. For example, the federal Commissioner of Lobbying\u2019s ruling<\/a> says the conflict lasts four years. The federal lobbying law also prohibits Cabinet staff from lobbying for five years after leaving their position (s. 10.11<\/a> \u2013 though it has loopholes). (Click here<\/strong><\/a> to see<\/strong> Backgrounder on Conflict of Interest Rule in Ontario\u2019s Lobbying Law<\/em>).<\/p>\n\n

As well, huge loopholes in the LR Act<\/em> allow countless other lobbyists to lobby in secret and unethically. None of the following lobbying activities are required to be disclosed: unpaid lobbying<\/a>, business lobbying<\/a> or non-profit organization lobbying<\/a> of less than 50 hours a year, lobbying about the enforcement of a law<\/a>, or in response to a request for feedback<\/a> from a Minister, official or MPP. As a result, anyone lobbying in these ways is also allowed to give gifts to and campaign, fundraise and do favours for Ontario Ministers, MPPs, political staff and government officials they are lobbying.<\/p>\n\n

\u201cUntil huge loopholes are closed in the lobbying law, public officials are banned from lobbying for years after they leave their position, and the Integrity Commissioner enforces the law more strictly and strongly, secret, unethical lobbying will continue to corrupt Ontario government policy-making,\u201d<\/em> said Conacher.<\/p>\n\n

– 30 \u2013<\/p>\n

FOR MORE INFORMATION, CONTACT:<\/strong>
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca<\/a><\/p>\n

Democracy Watch\u2019s Government Ethics Campaign<\/a> and Stop Bad Government Appointments Campaign<\/a><\/p>\n\n

Court cases challenge Commissioner\u2019s first three public rulings on lobbying ethics rule enacted in July 2016 \u2013 he has made 763 secret decisions since 2018<\/span><\/h3>\n

Even a Ford PC Party MPP is concerned about whether Ford is giving these lobbyists policy gifts as they cash in on their so-called \u201cpublic service\u201d<\/span><\/h3>\n\n

FOR IMMEDIATE RELEASE:<\/b>
Wednesday, February 10, 2021<\/p>\n\n

OTTAWA \u2013 Today, Democracy Watch announced that it has filed three applications in Ontario\u2019s Divisional Court challenging rulings by Ontario\u2019s Integrity Commissioner J. David Wake that allowed lobbyists who worked on campaigns for Ontario politicians, or gave them gifts, to lobby the politicians soon afterwards.<\/p>\n\n

The cases challenge the first three public rulings of the Integrity Commissioner\u2019s unknown number of decisions that have let dozens of people (and maybe more) lobby Doug Ford and his Cabinet ministers soon after they campaigned, fundraised or worked for Ford and\/or Ontario\u2019s PC Party in the 2018 leadership race and election, and\/or worked for Ford or one or more of his ministers since the election.<\/p>\n\n

Many of these people are still advising Ford and\/or in senior PC Party positions while they continue to lobby Ford\u2019s Cabinet on long-term care<\/a>, property development, COVID-19 relief, mining, and other big issues.<\/p>\n\n

The cases challenge rulings #6 and 7 on page 52 of the Commissioner\u2019s 2019-2020 Annual Report<\/em><\/a>, and ruling #10 on page 53 of the Report<\/em>. These are the first three rulings that the Integrity Commissioner has made public enforcing section 3.4<\/a> of Ontario\u2019s Lobbyists Registration Act<\/em> (LR Act<\/em>). The cases are Division Court file numbers 632\/20, 633\/20 and 634\/20. Nick Papageorge of Ross McBride LLP<\/a> is representing Democracy Watch for the cases. Click here<\/a> to see the Notice of Application challenging ruling #6 (the other two applications are very similar).<\/p>\n\n

Section 3.4 was added to the LR Act<\/em> on July 1, 2016, and it prohibits lobbying any politician or other public office holder if it will create a real or potential conflict of interest or make it improper for them to further the interests of the lobbyist or their clients. Commissioner Wake\u2019s rulings are based on a very weak Interpretation<\/a> Bulletin<\/span> he finally issued in June 2020 that claims when a lobbyist assists a politician with fundraising or campaigning or gives them a gift<\/a>, the conflict of interest created by the assistance or gift disappears soon afterwards, so the lobbyist can then lobby the politician and their staff.<\/p>\n\n

The cases also ask the courts to rule that Commissioner Wake was biased when he issued the three rulings, given he knew that he would need the unanimous approval of Ford\u2019s Cabinet and all MPPs to be re-appointed for a second five-year term, which happened on December 1st<\/a> (although many MPPs were not present for that snap vote<\/a>).<\/p>\n\n

\u201cDozens of people who have helped or worked for Doug Ford or his Cabinet ministers or the PC Party have set themselves up in lobbying firms and, even though many of them have never lobbied before, big businesses are hiring them because they know it will get them inside access to Ford and his ministers,\u201d<\/em> Duff Conacher, co-founder of Democracy Watch. \u201cDemocracy Watch is challenging the first three very weak decisions that Ontario\u2019s so-called Integrity Commissioner has made public that have allowed lobbyists corrupt Ontario government policy-making as they cash in on their so-called public service.\u201d<\/em><\/p>\n\n

\u201cHopefully the courts will issue rulings that stop this unethical lobbying of Ford’s Cabinet and require the Commissioner to start enforcing the lobbying ethics rules strictly and strongly,\u201d<\/em> said Conacher. \u201cDemocracy Watch will continue challenging the Integrity Commissioner\u2019s rulings in court, and his excessive secrecy including 763 secret decisions since 2018, as long as the Commissioner continues letting lobbyists lobby politicians unethically, and violate the lobbying law in other ways.\u201d<\/em><\/p>\n\n

Even one of Ford\u2019s MPPs has expressed concern, as Thornhill MPP Gila Martow<\/a> issued a statement via Twitter<\/a> and a docs webpage<\/a> in December that said in part:<\/p>\n\n

\u201cBig box retailers should not be permitted to enrich themselves on the backs of small businesses simply because they can afford to hire <\/span>well-connected lobbyists like Melissa Lantsman<\/a> to get them preferential treatment.\u201d (link in original)<\/em><\/span><\/p>\n\n

Since April 2018, Commissioner Wake has issued 192 secret Advisory Opinions, closed 135 secret compliance reviews at the initial stage, and resolved 436 cases informally in secret (Click here<\/strong><\/a> to see <\/strong>Backgrounder on Integrity Commissioner\u2019s Rulings<\/em> 2018-2020<\/em>). At least some of those 763 secret decisions by Commissioner Wake have allowed dozens of other lobbyists (see list<\/strong> in next paragraph) to fundraise or campaign or give significant gifts to Ford\u2019s Cabinet and then lobby them soon afterwards.<\/p>\n\n

In addition to Melissa Lantsman<\/a> of Enterprise Canada<\/a>, the Commissioner has been letting the following lobbyists who have campaigned or worked for Ford or his Cabinet ministers lobby the Ford government unethically: Chris Froggatt<\/a> of Loyalist Public Affairs<\/a>; Kory Teneycke of Rubicon Strategy<\/a>; Michael Diamond<\/a> of Upstream Strategy Group<\/a>; Alex Simakov<\/a> of Sussex Strategy Group<\/a>; Brayden Akers of Navigator Ltd.<\/a>; Andrew Brander<\/a> of Crestview Strategies<\/a>; Carly Luis<\/a> of StrategyCorp<\/a> (until she re-joined as Ford Cabinet staff in September 2020); Melanie Paradis<\/a> of McMillan Vantage<\/a> (until she started working for Erin O\u2019Toole in Sept. 2020<\/a>) \u2013 and many others at their lobbying firms. Click here<\/strong><\/a> to see the full list<\/strong>.<\/p>\n\n

All other commissioners in Canada have ruled that the conflict of interest created by assisting a politician in any significant way lasts for several years. For example, the federal Commissioner of Lobbying\u2019s ruling<\/a> says the conflict lasts four years. The federal lobbying law also prohibits Cabinet staff from lobbying for five years after leaving their position (s. 10.11<\/a> \u2013 though it has loopholes). (Click here<\/strong><\/a> to see<\/strong> Backgrounder on Conflict of Interest Rule in Ontario\u2019s Lobbying Law<\/em>).<\/p>\n\n

As well, huge loopholes in the LR Act<\/em> allow countless other lobbyists to lobby in secret and unethically. None of the following lobbying activities are required to be disclosed: unpaid lobbying<\/a>, business lobbying<\/a> or non-profit organization lobbying<\/a> of less than 50 hours a year, lobbying about the enforcement of a law<\/a>, or in response to a request for feedback<\/a> from a Minister, official or MPP. As a result, anyone lobbying in these ways is also allowed to give gifts to and campaign, fundraise and do favours for Ontario Ministers, MPPs, political staff and government officials they are lobbying.<\/p>\n\n

\u201cUntil huge loopholes are closed in the lobbying law, public officials are banned from lobbying for years after they leave their position, and the Integrity Commissioner enforces the law more strictly and strongly, secret, unethical lobbying will continue to corrupt Ontario government policy-making,\u201d<\/em> said Conacher.<\/p>\n\n

– 30 \u2013<\/p>\n

FOR MORE INFORMATION, CONTACT:<\/strong>
Duff Conacher, Co-founder of Democracy Watch
Tel: (613) 241-5179
Cell: 416-546-3443
Email: info@democracywatch.ca<\/a><\/p>\n

Democracy Watch\u2019s Government Ethics Campaign<\/a> and Stop Bad Government Appointments Campaign<\/a><\/p>","protected":false},"excerpt":{"rendered":"

Court cases challenge Commissioner\u2019s first three public rulings on lobbying ethics rule enacted in July 2016 \u2013 he has made 763 secret decisions since 2018 Even a Ford PC Party MPP is concerned about whether Ford is giving these lobbyists policy gifts as they cash in on their so-called \u201cpublic service\u201d FOR IMMEDIATE RELEASE:Wednesday, February […]<\/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-12467","post","type-post","status-publish","format-standard","hentry","category-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/12467","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=12467"}],"version-history":[{"count":7,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/12467\/revisions"}],"predecessor-version":[{"id":18445,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/12467\/revisions\/18445"}],"wp:attachment":[{"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/media?parent=12467"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/categories?post=12467"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/tags?post=12467"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}