{"id":12938,"date":"2021-05-05T03:35:03","date_gmt":"2021-05-05T07:35:03","guid":{"rendered":"https:\/\/democracywatch.ca\/?p=12938"},"modified":"2025-05-25T07:16:09","modified_gmt":"2025-05-25T11:16:09","slug":"democracy-watch-in-court-today-as-trudeau-government-trying-to-stop-case-vs-lobbying-commissioners-rulings-letting-off-lobbyists-who-helped-chrystia-freeland-win-election-then-lobbied-her-o","status":"publish","type":"post","link":"https:\/\/democracywatch.ca\/fr\/democracy-watch-in-court-today-as-trudeau-government-trying-to-stop-case-vs-lobbying-commissioners-rulings-letting-off-lobbyists-who-helped-chrystia-freeland-win-election-then-lobbied-her-o\/","title":{"rendered":"Democracy Watch in court today as Trudeau government trying to stop case vs. Lobbying Commissioner\u2019s rulings letting off lobbyists who helped Chrystia Freeland win election, then lobbied her officials and staffDemocracy Watch in court today as Trudeau government trying to stop case vs. Lobbying Commissioner\u2019s rulings letting off lobbyists who helped Chrystia Freeland win election, then lobbied her officials and staff"},"content":{"rendered":"<h4 align=\"center\"><span style=\"color: black;\">Council of Canadian Innovators Ben Bergen and Dana O\u2019Born co-managed Freeland\u2019s 2015 election campaign, then had senior roles in her riding association, and then lobbied Freeland\u2019s then-Parliamentary Secretary David Lametti, her office staff and senior department officials<\/span><\/h4>\n\n<p><b>FOR IMMEDIATE RELEASE:<\/b><br>Wednesday, May 5, 2021<\/p>\n\n<p>OTTAWA \u2013 Today, Democracy Watch is in Federal Court for a hearing on the Trudeau government\u2019s motion requesting that the court end the cases Democracy Watch filed last August challenging the federal Commissioner of Lobbying\u2019s rulings about lobbyists <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/wp-content\/uploads\/NoticeOfApplicLobbyComm_Bergen_Aug072020.pdf\" rel=\"noopener\">Ben Bergen<\/a> and <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/wp-content\/uploads\/NoticeOfApplicLobbyComm_OBorn_Aug072020.pdf\" rel=\"noopener\">Dana O\u2019Born<\/a> of the Council of Canadian Innovators (CCI).<\/p>\n\n<p>Democracy Watch is arguing that the cases should be allowed to continue.  Democracy Watch is represented by Andrew <span>Montague-Reinholdt and Amanda Le of Nelligan O\u2019Brien Payne LLP.<\/span><\/p>\n\n<p><strong>The hearing is being held online on Zoom starting at<\/strong> <strong>9:30 am Eastern time <\/strong>through to the end of today.  To register to watch\/listen to the hearing on Zoom, send an email to the Federal Court Registry re: the hearing for court case file numbers T-915-20 and T-916-20, at: <a target=\"_blank\" href=\"mailto:Hearings-Audiences@fct-cf.ca\" rel=\"noopener\">Hearings-Audiences@fct-cf.ca<\/a>.<\/p>\n\n<p>Lobbying Commissioner Nancy B\u00e9langer ruled in March 2020, a <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/two-and-a-half-years-later-where-is-lobbying-commissioners-ruling-on-council-of-canadian-innovators-lobbying-of-liberal-cabinet\/\" rel=\"noopener\">completely unjustifiable delay of almost three years<\/a> after Democracy Watch filed its <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/wp-content\/uploads\/LettToFedLobbyCommReCCIJul122017.pdf\" rel=\"noopener\">complaint<\/a>, that <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/en\/investigations\/reports-on-investigation\/benjamin-bergen-council-of-canadian-innovators\/\" rel=\"noopener\">Mr. Bergen<\/a> and <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/en\/investigations\/reports-on-investigation\/dana-o-born-council-of-canadian-innovators\/\" rel=\"noopener\">Ms. O\u2019Born<\/a> did not violate <em>Lobbyists\u2019 Code of Conduct<\/em> <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/en\/rules\/the-lobbyists-code-of-conduct\/lobbyists-code-of-conduct\" rel=\"noopener\">rules 6, 8, 9 or 10<\/a> which prohibit assisting a politician in any significant way and then lobbying their office or officials afterwards, even though they:<\/p>\n\n<ol><li>co-managed Chrystia Freeland\u2019s 2015 election campaign;<\/li>\n<li>continued to work in senior roles with her riding association post-election, and;<\/li>\n<li>then were hired for the top positions at CCI and lobbied in 2017 Freeland\u2019s then-Parliamentary Secretary David Lametti, her office staff, and senior officials in her then-International Trade department, including deputy ministers, assistant deputy ministers and special assistants.<\/li><\/ol>\n\n<p>Democracy Watch\u2019s case argues that Bergen and O\u2019Born\u2019s lobbying violated <em>Lobbyists\u2019 Code<\/em> rules.  DWatch\u2019s initial complaint also requested that Commissioner B\u00e9langer recuse herself from ruling on the situation because she was handpicked by the Trudeau Cabinet.  The <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/federal-court-of-appeal-rules-trudeau-cabinet-was-biased-when-appointing-ethics-commissioner-and-lobbying-commissioner\/\" rel=\"noopener\">Federal Court of Appeal ruled that the Cabinet was biased<\/a> when it appointed her.  As a result, DWatch\u2019s case also alleges that she was biased when ruling on Bergen and O\u2019Born.<\/p>\n\n<p>The case was delayed last fall waiting for the Supreme Court of Canada (SCC) to  decide whether to allow DWatch to appeal the Federal Court of Appeal\u2019s <a target=\"_blank\" href=\"https:\/\/www.ctvnews.ca\/politics\/appeal-court-nixes-fresh-lobby-probe-of-aga-khan-in-trudeau-vacation-case-1.4879782\" rel=\"noopener\">ruling<\/a> on its case challenging former Lobbying Commissioner Karen Shepherd\u2019s <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/trudeau-liberals-appeal-of-federal-court-ruling-ordering-lobbying-commissioner-to-investigate-aga-khans-bahamas-trip-gift-to-pm-trudeau-in-court-today\/\" rel=\"noopener\">decision<\/a> not to investigate the Aga Khan for giving Justin Trudeau\u2019s family and friends a trip to his private Bahamas island.  Incredibly, the FCA <a target=\"_blank\" href=\"https:\/\/www.cba.org\/Sections\/Administrative-Law\/Articles\/2020\/that-lobbying-commissioner-has-no-duty\" rel=\"noopener\">ruled<\/a> that the public had no right to have a complaint ruled on by the Commissioner, and therefore no right to challenge a decision not to investigate a complaint.<\/p>\n\n<p>The SCC <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/supreme-court-of-canada-strikes-a-blow-against-publics-right-to-complain-about-government-and-lobbyist-wrongdoing-by-refusing-to-allow-dwatch-to-appeal-federal-court-of-appeal-ruling-in-aga-k\/\" rel=\"noopener\">decided not to hear DWatch\u2019s appeal<\/a>, but the Bergen and O\u2019Born cases are different because the Commissioner issued final rulings under section 10.5 of the <em>Lobbying Act<\/em> after investigating.  In contrast, in the Aga Khan case, the Commissioner <a target=\"_blank\" href=\"https:\/\/laws-lois.justice.gc.ca\/eng\/acts\/l-12.4\/page-5.html#h-339367\" rel=\"noopener\">refused to investigate under subsection 10.4(1) of the <em>Act<\/em><\/a>.<\/p>\n\n<p><em>\u201cThe federal lobbying ethics code prohibits anyone from lobbying a Cabinet minister or their officials for four years after helping them get elected or assisting them in a significant way, and so Lobbying Commissioner B\u00e9langer should have found Minister Freeland\u2019s former election campaign managers guilty of violating the code given they lobbied many senior officials in Minister Freeland\u2019s former department,\u201d<\/em> said Duff Conacher, Co-founder of Democracy Watch.<\/p>\n\n<p><em>\u201cBy letting the CCI lobbyists off the hook, and issuing other similarly weak rulings recently letting off other unethical lobbyists, Lobbying Commissioner Nancy B\u00e9langer is continuing the negligent enforcement record of her predecessor <\/em><a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/group-calls-on-auditor-general-to-audit-performance-of-federal-commissioner-of-lobbying-and-rcmp\/\" rel=\"noopener\"><em>Karen Shepherd who let off 84% of the lobbyists who violated the law<\/em><\/a><em> during her decade as commissioner,\u201d<\/em> said Conacher.<\/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=\"http:\/\/democracywatch.ca\/campaigns\/government-ethics-campaign\/\" rel=\"noopener\">Government Ethics Campaign<\/a> and <a target=\"_blank\" href=\"http:\/\/democracywatch.ca\/campaigns\/stop-bad-appointments-campaign\/\" rel=\"noopener\">Stop Bad Government Appointments Campaign<\/a><\/p>\n\n<h4 align=\"center\"><span style=\"color: black;\">Council of Canadian Innovators Ben Bergen and Dana O\u2019Born co-managed Freeland\u2019s 2015 election campaign, then had senior roles in her riding association, and then lobbied Freeland\u2019s then-Parliamentary Secretary David Lametti, her office staff and senior department officials<\/span><\/h4>\n\n<p><b>FOR IMMEDIATE RELEASE:<\/b><br>Wednesday, May 5, 2021<\/p>\n\n<p>OTTAWA \u2013 Today, Democracy Watch is in Federal Court for a hearing on the Trudeau government\u2019s motion requesting that the court end the cases Democracy Watch filed last August challenging the federal Commissioner of Lobbying\u2019s rulings about lobbyists <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/wp-content\/uploads\/NoticeOfApplicLobbyComm_Bergen_Aug072020.pdf\" rel=\"noopener\">Ben Bergen<\/a> and <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/wp-content\/uploads\/NoticeOfApplicLobbyComm_OBorn_Aug072020.pdf\" rel=\"noopener\">Dana O\u2019Born<\/a> of the Council of Canadian Innovators (CCI).<\/p>\n\n<p>Democracy Watch is arguing that the cases should be allowed to continue.  Democracy Watch is represented by Andrew <span>Montague-Reinholdt and Amanda Le of Nelligan O\u2019Brien Payne LLP.<\/span><\/p>\n\n<p><strong>The hearing is being held online on Zoom starting at<\/strong> <strong>9:30 am Eastern time <\/strong>through to the end of today.  To register to watch\/listen to the hearing on Zoom, send an email to the Federal Court Registry re: the hearing for court case file numbers T-915-20 and T-916-20, at: <a target=\"_blank\" href=\"mailto:Hearings-Audiences@fct-cf.ca\" rel=\"noopener\">Hearings-Audiences@fct-cf.ca<\/a>.<\/p>\n\n<p>Lobbying Commissioner Nancy B\u00e9langer ruled in March 2020, a <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/two-and-a-half-years-later-where-is-lobbying-commissioners-ruling-on-council-of-canadian-innovators-lobbying-of-liberal-cabinet\/\" rel=\"noopener\">completely unjustifiable delay of almost three years<\/a> after Democracy Watch filed its <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/wp-content\/uploads\/LettToFedLobbyCommReCCIJul122017.pdf\" rel=\"noopener\">complaint<\/a>, that <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/en\/investigations\/reports-on-investigation\/benjamin-bergen-council-of-canadian-innovators\/\" rel=\"noopener\">Mr. Bergen<\/a> and <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/en\/investigations\/reports-on-investigation\/dana-o-born-council-of-canadian-innovators\/\" rel=\"noopener\">Ms. O\u2019Born<\/a> did not violate <em>Lobbyists\u2019 Code of Conduct<\/em> <a target=\"_blank\" href=\"https:\/\/lobbycanada.gc.ca\/en\/rules\/the-lobbyists-code-of-conduct\/lobbyists-code-of-conduct\" rel=\"noopener\">rules 6, 8, 9 or 10<\/a> which prohibit assisting a politician in any significant way and then lobbying their office or officials afterwards, even though they:<\/p>\n\n<ol><li>co-managed Chrystia Freeland\u2019s 2015 election campaign;<\/li>\n<li>continued to work in senior roles with her riding association post-election, and;<\/li>\n<li>then were hired for the top positions at CCI and lobbied in 2017 Freeland\u2019s then-Parliamentary Secretary David Lametti, her office staff, and senior officials in her then-International Trade department, including deputy ministers, assistant deputy ministers and special assistants.<\/li><\/ol>\n\n<p>Democracy Watch\u2019s case argues that Bergen and O\u2019Born\u2019s lobbying violated <em>Lobbyists\u2019 Code<\/em> rules.  DWatch\u2019s initial complaint also requested that Commissioner B\u00e9langer recuse herself from ruling on the situation because she was handpicked by the Trudeau Cabinet.  The <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/federal-court-of-appeal-rules-trudeau-cabinet-was-biased-when-appointing-ethics-commissioner-and-lobbying-commissioner\/\" rel=\"noopener\">Federal Court of Appeal ruled that the Cabinet was biased<\/a> when it appointed her.  As a result, DWatch\u2019s case also alleges that she was biased when ruling on Bergen and O\u2019Born.<\/p>\n\n<p>The case was delayed last fall waiting for the Supreme Court of Canada (SCC) to  decide whether to allow DWatch to appeal the Federal Court of Appeal\u2019s <a target=\"_blank\" href=\"https:\/\/www.ctvnews.ca\/politics\/appeal-court-nixes-fresh-lobby-probe-of-aga-khan-in-trudeau-vacation-case-1.4879782\" rel=\"noopener\">ruling<\/a> on its case challenging former Lobbying Commissioner Karen Shepherd\u2019s <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/trudeau-liberals-appeal-of-federal-court-ruling-ordering-lobbying-commissioner-to-investigate-aga-khans-bahamas-trip-gift-to-pm-trudeau-in-court-today\/\" rel=\"noopener\">decision<\/a> not to investigate the Aga Khan for giving Justin Trudeau\u2019s family and friends a trip to his private Bahamas island.  Incredibly, the FCA <a target=\"_blank\" href=\"https:\/\/www.cba.org\/Sections\/Administrative-Law\/Articles\/2020\/that-lobbying-commissioner-has-no-duty\" rel=\"noopener\">ruled<\/a> that the public had no right to have a complaint ruled on by the Commissioner, and therefore no right to challenge a decision not to investigate a complaint.<\/p>\n\n<p>The SCC <a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/supreme-court-of-canada-strikes-a-blow-against-publics-right-to-complain-about-government-and-lobbyist-wrongdoing-by-refusing-to-allow-dwatch-to-appeal-federal-court-of-appeal-ruling-in-aga-k\/\" rel=\"noopener\">decided not to hear DWatch\u2019s appeal<\/a>, but the Bergen and O\u2019Born cases are different because the Commissioner issued final rulings under section 10.5 of the <em>Lobbying Act<\/em> after investigating.  In contrast, in the Aga Khan case, the Commissioner <a target=\"_blank\" href=\"https:\/\/laws-lois.justice.gc.ca\/eng\/acts\/l-12.4\/page-5.html#h-339367\" rel=\"noopener\">refused to investigate under subsection 10.4(1) of the <em>Act<\/em><\/a>.<\/p>\n\n<p><em>\u201cThe federal lobbying ethics code prohibits anyone from lobbying a Cabinet minister or their officials for four years after helping them get elected or assisting them in a significant way, and so Lobbying Commissioner B\u00e9langer should have found Minister Freeland\u2019s former election campaign managers guilty of violating the code given they lobbied many senior officials in Minister Freeland\u2019s former department,\u201d<\/em> said Duff Conacher, Co-founder of Democracy Watch.<\/p>\n\n<p><em>\u201cBy letting the CCI lobbyists off the hook, and issuing other similarly weak rulings recently letting off other unethical lobbyists, Lobbying Commissioner Nancy B\u00e9langer is continuing the negligent enforcement record of her predecessor <\/em><a target=\"_blank\" href=\"https:\/\/democracywatch.ca\/group-calls-on-auditor-general-to-audit-performance-of-federal-commissioner-of-lobbying-and-rcmp\/\" rel=\"noopener\"><em>Karen Shepherd who let off 84% of the lobbyists who violated the law<\/em><\/a><em> during her decade as commissioner,\u201d<\/em> said Conacher.<\/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=\"http:\/\/democracywatch.ca\/campaigns\/government-ethics-campaign\/\" rel=\"noopener\">Government Ethics Campaign<\/a> and <a target=\"_blank\" href=\"http:\/\/democracywatch.ca\/campaigns\/stop-bad-appointments-campaign\/\" rel=\"noopener\">Stop Bad Government Appointments Campaign<\/a><\/p>","protected":false},"excerpt":{"rendered":"<p>Council of Canadian Innovators Ben Bergen and Dana O\u2019Born co-managed Freeland\u2019s 2015 election campaign, then had senior roles in her riding association, and then lobbied Freeland\u2019s then-Parliamentary Secretary David Lametti, her office staff and senior department officials FOR IMMEDIATE RELEASE:Wednesday, May 5, 2021 OTTAWA \u2013 Today, Democracy Watch is in Federal Court for a hearing [&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-12938","post","type-post","status-publish","format-standard","hentry","category-news"],"acf":[],"_links":{"self":[{"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/12938","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=12938"}],"version-history":[{"count":6,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/12938\/revisions"}],"predecessor-version":[{"id":18425,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/posts\/12938\/revisions\/18425"}],"wp:attachment":[{"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/media?parent=12938"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/categories?post=12938"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/democracywatch.ca\/fr\/wp-json\/wp\/v2\/tags?post=12938"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}