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Government Ethics Campaign -
Summary of Court Cases and Complaints About The Canadian Federal
Government Ethics Rules and Enforcement System
Set out below are documents relating to court cases
and ethics
complaints filed as part of Democracy Watch's Government Ethics Campaign
(in reverse chronological order)
Commissioner of
Lobbying Karen Shepherd
(position established July 2008 replacing
Registrar of Lobbyists)
The Commissioner of Lobbying position was established in July 2008 when
the federal Conservatives finally implemented the new Lobbying
Act (18 months after the Act
was passed by Parliament).
Unlike
the lapdog Registrar
of
Lobbyists
Michael
Nelson (who retired in July 2008), and the
lapdog Ethics
Counsellor
Howard
Wilson, Commissioner Shepherd (who was the former Deputy Registrar
of Lobbyists) is an Officer of
Parliament with a fixed term of office of seven years and control over
her staff and more control over her budget (and therefore more
independence from federal Cabinet ministers). The Commissioner
took over from the Registrar as the front-line enforcer of the federal Lobbyist
Registration
Act (serious allegations of violations are referred to the RCMP and
Crown prosecutors), and sole enforcer of the federal Lobbyists'
Code of Conduct. As the documents set out below detail,
Democracy Watch's November 2006 court challenge of a ruling
by the Registrar past July 2008 resulted in a March 2009 ruling
requiring the Commissioner to raise lobbyist ethics standards.
(in reverse chronological order)
- WEBSITE ARTICLE: Federal
Ethics
Commissioner
will investigate Conservative Cabinet minister's
action in relation to former Conservative MP Rahim Jaffer --
Commissioner should be investigating many other Conservative government
representatives (CTV.ca and 16 other media outlets across
Canada (all publishing a CanadianPress.com wire article), July 6, 2010)
- NEWS RELEASE: CSIS
Director's Disclosure of Foreign Influence Over Canadian Government
Officials Yet Another Reason To Ban Secret, Unethical Donations and
Lobbying Across Canada -- If
politicians across Canada do not close
loopholes and strengthen enforcement, corruption of governments will
continue to be easy (June 23, 2010)
- OP-ED: Oliphant
Commission and recent scandals show clear need for another Federal
Accountability Act (Rabble.ca, June 16, 2010, Hill Times, June 21, 2010,
TheMarkNews.com, June 23, 2010)
- NEWS RELEASE: Justice
Oliphant
Recommends
Closing
Only
4
of
More
Than
20
Loopholes
in
Ethics Rules For Cabinet Ministers and Senior Government Officials, and
Correcting 14 of More Than 20 Flaws in Ethics Enforcement System -- Commission ignores many loopholes that allow
for secret donations and lobbying and unethical actions by others in
federal politics (May 31,
2010) -- NOTE: Covered by 45 media outlets across Canada
- NEWS RELEASE: Democracy
Watch
Would
Challenge
Federal
Ethics
Commissioner's
Error-Filled
Ruling
on
Lisa
Raitt
Fundraiser
in
Court, But Such Court Challenges are
Illegal -- Group Calls For
Dismissal of Ethics Commissioner, and Changes to Strengthen Federal
Ethics Laws (May 17, 2010)
- OP-ED: Weak ethics
rules and enforcement undermine everyone in Canadian politics (Hill Times, May 3, 2010)
- WEBSITE ARTICLE: Democracy
Watch
highlights
loopholes
in
federal
laws
and
enforcement
that
continue
to
allow
for
secret,
unethical
lobbying and advising by former
politicians and government officials (Hill Times, April 26, 2010)
- RADIO INTERVIEW: Democracy
Watch
Coordinator
Duff
Conacher
points
out
loopholes
and
flaws
in
federal
ethics
and
lobbying
rules
and
enforcement system highlighted by
the Helena Guergis/Rahim Jaffer situation, some of which Ethics
Commissioner Mary Dawson admits exist (CBC Radio's The Current
(Part 1), April 15, 2010) -- To see related
Democracy
Watch
news
release, click
here
- NEWS RELEASE: Recent
Cases
Highlight
How
Federal
Ethics
and
Lobbying
Commissioners
Continue
to
Fail
to
Enforce
Laws
Effectively
--
Commons committee must
question both commissioners (April 14, 2010)
- NEWS RELEASE: Federal
Commissioner
of
Lobbying
Fails
in
Past
Year
to
Rule
on
Five
Longstanding
Ethics
Complaints
-
Along
with
Federal
Ethics
Commissioner
Also
Taking
Too
Long
to
Rule
on Complaints
About
Fundraising
Events
Held
by Federal
Conservatives
Rick
Dykstra
and
Lisa
Raitt
Last
Fall
(April 8, 2010) -- To see
Canoe.ca article about the release, click
here
- TV INTERVIEW: Democracy
Watch Coordinator Duff Conacher on allegations concerning former
Conservative MP Rahim Jaffer and his spouse, Conservative Cabinet
minister Helena Guergis (CBC News Network's Power and Politics
show, April 8, 2010 -- Interview begins at 11-minute mark and ends at
17-minute mark of the show)
- SUMMARY: Summary
of
Democracy
Watch's
Five
Longstanding
Federal
Lobbying
Ethics
Complaints
- NEWS RELEASE: Forced
By
Federal
Court
of
Appeal
Ruling,
Federal
Commissioner
of
Lobbying
Finally
Bans
Lobbyists
From
Giving
Gifts
and
Doing
Favours
For
Politicians,
Their
Staff and Government Officials -- Will
the
Commissioner Uphold the Ban When
Ruling on Past, Current and Future Cases?
(November 12, 2009)
- Summary of
Five Outstanding Lobbying Ethics Complaints
- NEWS RELEASE: Group
Files Additional Information Supporting Complaints To Lobbying
Commissioner, Ethics Commissioner and Elections Canada About
Fundraising Events That Raise Serious Questions Held by Federal
Conservatives Rick Dykstra and Lisa Raitt (November 3, 2009)
- NEWS RELEASE: Group
Files Complaints With Lobbying Commissioner, Ethics Commissioner and
Elections Canada About Lobbyist's Assistance With Federal Conservative
Fundraising Event That Raises Serious Questions (October 22, 2009)
- NEWS RELEASE: Group
Files Complaints With Lobbying Commissioner, Ethics Commissioner and
Elections Canada About Federal Conservative Fundraising Event At Rogers
Centre That Raises Serious Questions (October 16, 2009)
- TESTIMONY AND NEWS RELEASE: Group's Final Policy Submission to
Oliphant Commission Details 20 Unethical, But Still Legal, Actions By
Cabinet Ministers and Others in Federal Politics, and 10 Key Flaws in
Enforcement Systems -- Loopholes
in Ethics and Openness Laws Must Be
Closed, and Enforcement Strengthened, To Prevent Ethics Violations and
Excessive Secrecy (July 31, 2009)
- TESTIMONY AND NEWS RELEASE: Oliphant
Inquiry's Policy Review This Week Opens Door to Closing Loopholes,
Strengthening Enforcement of Federal Ethics, Lobbying, Political
Finance and Open Government Rules (June 15, 2009)
- NEWS RELEASE: Federal Court of Appeal Rules That
Lobbyists Violate Rule 8 of Lobbyists'
Code
of
Conduct
If
They Do Anything To Create Any Private Interest Or Obligation That
Conflicts With Any Public Duty of a Federal Politician or Government
Official
-- Court Declines to Order New
Hearing and Makes No Finding Concerning
Conduct of Lobbyist Conduct Who Organized Fundraising Event in 1999 for
Cabinet Minister
(March 17, 2009) -- To see
article and video interview about the ruling, click here
- NEWS RELEASE: Federal
Court of Appeal Hearing on Monday of Landmark Case Challenging Ruling
that Approved of a Lobbyist Organizing a Fundraising Event for a
Cabinet Minister He Was Registered to Lobby -- Ethics Commissioner's
New Guideline Strongly Reaffirms that
Federal Cabinet Ministers/Senior Officials Cannot Accept Gifts or
Favours From Lobbyists
(January 9,
2009) -- To see Canadian Press
wire articles about the court case published by GlobeandMail.com and 33
other media outlets across Canada, click
here (January 11-12, 2009), and by CBC.ca and 15 other media
outlets across Canada, click here
(January 12, 2009)
- SUMMARY: Summary
of
History
of
Democracy
Watch's
Eight
Ethics
Complaints (updated as
of January 8, 2009)
- WEBSITE ARTICLE: Registrar
of
Lobbyists/Commissioner
of
Lobbying
increase
size
of
secret
lobbying
loophole
in
federal
lobbying
law
that
Democracy
Watch
revealed
eight
years
ago
--
MPs
falsely claim they did not know about loophole (Canoe.ca and 21
other media outlets (publishing Canadian Press wire article), August
18, 2008)
- NEWS RELEASE: Federal
Court Justice Orders Democracy Watch To Pay In Advance $10,000 in Costs
or Face Dismissal of Its Appeal of a Federal Court Ruling That
Legalizes Lobbyists Raising Money and Doing Favours for Cabinet
Ministers They Lobby (August 15, 2008)
- NEW RELEASE: Democracy
Watch Appeals Federal Court Ruling That Legalizes Lobbyists Raising
Money and Doing Favours for Cabinet Ministers They Lobby (April 11,
2008)
Conflict of Interest and
Ethics Commissioner Mary Dawson
(appointed July 9, 2007)
Conflict of Interest and Ethics Commissioner Mary Dawson took
over in July 2007 from lapdog Ethics
Commissioner Bernard Shapiro as the enforcer under the Parliament of Canada Act of ethics
rules for
federal government Cabinet ministers, their senior staff, Cabinet
appointees, and senior
federal government officials (under the Conflict of Interest Act), and the Conflict of Interest Code for Members of
the House of
Commons (MPs). Very unfortunately, Commissioner Dawson is
following the weak, lapdog-like enforcement records of Commissioner Shapiro and his predecessor Ethics Counsellor Howard Wilson
and, as a result, within 7 months of her appointment as Commissioner,
Democracy Watch filed a court challenge of one
of the Commissioner's first rulings. Set out below are the
documents
about Democracy Watch's complaint, and court challenge, of the
Commissioner and related documents.
(in reverse chronological order)
- WEBSITE ARTICLE: Federal
Ethics
Commissioner
will investigate Conservative Cabinet minister's
action in relation to former Conservative MP Rahim Jaffer --
Commissioner should be investigating many other Conservative government
representatives (CTV.ca and 16 other media outlets across
Canada (all publishing a CanadianPress.com wire article), July 6, 2010)
- NEWS RELEASE: CSIS
Director's Disclosure of Foreign Influence Over Canadian Government
Officials Yet Another Reason To Ban Secret, Unethical Donations and
Lobbying Across Canada -- If
politicians across Canada do not close
loopholes and strengthen enforcement, corruption of governments will
continue to be easy (June 23, 2010)
- OP-ED: Oliphant
Commission and recent scandals show clear need for another Federal
Accountability Act (Rabble.ca, June 16, 2010, Hill Times, June 21, 2010,
TheMarkNews.com, June 23, 2010)
- NEWS RELEASE: Dangerously
Unethical
Loopholes
in
MP
Ethics
Rules
Mean
They Can Lobby For
Themselves, Family Members and Anyone They Choose (June 14, 2010)
- NEWS RELEASE: Justice
Oliphant
Recommends
Closing
Only
4
of
More
Than
25
Loopholes
in
Ethics Rules For Cabinet Ministers and Senior Government Officials, and
Correcting 14 of More Than 25 Flaws in Ethics Enforcement System -- Commission ignores many loopholes that allow
for secret donations and lobbying and unethical actions by others in
federal politics (May 31,
2010) -- NOTE: Covered by 45 media outlets across Canada
- NEWS RELEASE: Democracy
Watch
Would
Challenge
Federal
Ethics
Commissioner's
Error-Filled
Ruling
on
Lisa
Raitt
Fundraiser
in
Court, But Such Court Challenges are
Illegal -- Group Calls For
Dismissal of Ethics Commissioner, and Changes to Strengthen Federal
Ethics Laws (May 17, 2010)
- NEWS RELEASE: Democracy
Watch
Files
Complaints
With
Federal
Ethics
Commissioner
About
Possible
Preferential
Treatment
of
Rahim
Jaffer
by Conservative
Government
Representatives (May 6, 2010)
- OP-ED: Weak ethics
rules and enforcement undermine everyone in Canadian politics (Hill Times, May 3, 2010)
- WEBSITE ARTICLE: Democracy
Watch
highlights
loopholes
in
federal
laws
and
enforcement
that
continue
to
allow
for
secret,
unethical
lobbying and advising by former
politicians and government officials (Hill Times, April 26, 2010)
- WEBSITE ARTICLE: MPs grill
federal Ethics Commissioner about Helena Guergis affair (Halifax Chronicle Herald, April 23,
2010)
- RADIO INTERVIEW: Democracy
Watch
Coordinator
Duff
Conacher
points
out
loopholes
and
flaws
in
federal
ethics
and
lobbying
rules
and
enforcement system highlighted by
the Helena Guergis/Rahim Jaffer situation, some of which Ethics
Commissioner Mary Dawson admits exist (CBC Radio's The Current
(Part 1), April 15, 2010) -- To see related
Democracy
Watch
news
release, click
here, and to see related
CBC.ca article, click
here
- NEWS RELEASE: Recent
Cases
Highlight
How
Federal
Ethics
and
Lobbying
Commissioners
Continue
to
Fail
to
Enforce
Laws
Effectively
--
Commons committee must
question both commissioners (April 14, 2010)
- WEBSITE ARTICLE: Federal
Ethics Commissioner Mary Dawson creates secret process to hide Cabinet
ministers' conflicts of interest, raising questions about compliance
with the Conflict of Interest Act
(Halifax Chronicle Herald,
April 13, 2010)
- WEBSITE ARTICLE: Federal
Conflict of Interest and Ethics Commissioner Mary Dawson and federal
Conservative Cabinet Minister Gail Shea fail to ensure declaration of
recusal is in Shea's public file to alert public to conflict of interest
(Halifax Chronicle Herald,
April 12, 2010)
- NEWS RELEASE: Federal
Commissioner
of
Lobbying
Fails
in
Past
Year
to
Rule
on
Five
Longstanding
Ethics
Complaints
-
Along
with
Federal
Ethics
Commissioner
Also
Taking
Too
Long
to
Rule
on Complaints
About
Fundraising
Events
Held
by Federal
Conservatives
Rick
Dykstra
and
Lisa
Raitt
Last
Fall
(April 8, 2010) -- To see
Canoe.ca article about the release, click
here
- TV INTERVIEW: Democracy
Watch Coordinator Duff Conacher on allegations concerning former
Conservative MP Rahim Jaffer and his spouse, Conservative Cabinet
minister Helena Guergis (CBC News Network's Power and Politics
show, April 8, 2010 -- Interview begins at 11-minute mark and ends at
17-minute mark of the show)
- WEBSITE ARTICLE: Once
again,
federal
Ethics
Commissioner
Mary
Dawson
protects
Cabinet
ministers
with
flawed
ethics
ruling,
this
time
approving
of
them
handing
out
government
cheques
labelled with Conservative Party logo
(Canada.com and 5 CanWest News Service newspapers across Canada,
January 14, 2010)
- NEWS RELEASE: Group
Files Additional Information Supporting Complaints To Lobbying
Commissioner, Ethics Commissioner and Elections Canada About
Fundraising Events That Raise Serious Questions Held by Federal
Conservatives Rick Dykstra and Lisa Raitt (November 3, 2009)
- NEWS RELEASE: Group
Files Complaints With Lobbying Commissioner, Ethics Commissioner and
Elections Canada About Lobbyist's Assistance With Federal Conservative
Fundraising Event That Raises Serious Questions (October 22, 2009)
- NEWS RELEASE: Group
Files Complaints With Lobbying Commissioner, Ethics Commissioner and
Elections Canada About Federal Conservative Fundraising Event At Rogers
Centre That Raises Serious Questions (October 16, 2009)
- TESTIMONY AND NEWS RELEASE: Group's Final Policy Submission to
Oliphant Commission Details 20 Unethical, But Still Legal, Actions By
Cabinet Ministers and Others in Federal Politics, and 10 Key Flaws in
Enforcement Systems -- Loopholes
in Ethics and Openness Laws Must Be
Closed, and Enforcement Strengthened, To Prevent Ethics Violations and
Excessive Secrecy (July 31, 2009)
- LETTER-TO-THE-EDITOR: MPs Make Incredible Claims That Their
New Ethics Code Loopholes Were Added Unknowingly, and Pose No Problems
(Hill Times, June 22, 2009)
- TESTIMONY AND NEWS RELEASE: Oliphant
Inquiry's Policy Review This Week Opens Door to Closing Loopholes,
Strengthening Enforcement of Federal Ethics, Lobbying, Political
Finance and Open Government Rules (June 15, 2009)
- NEWS RELEASE: Supreme
Court
of
Canada
Refuses
To
Hear
Ethics
Law
Appeal
Case
--
Ruling
Means
Cabinet
Ministers
Can
Control
Investigations
of
Themselves,
Their
Staff,
Family and Friends -- Ruling
Also
Allows
Ethics
Commissioner
to
Refuse
to
Rule
on
Complaints
Filed
by
the
Public,
and
to
Ignore
Law
in
Her
Rulings
(June 12, 2009)
- WEBSITE ARTICLE: Federal
politicians
decide
in
secret
meetings
to
create
loopholes
in
their
ethics
rules
to
allow
political
party
leaders
to
buy
them
off,
decreasing
their independence (CTV.ca and 28 other media outlets
across Canada (all publishing Canadian Press wire article), June 6-8,
2009)
- TESTIMONY: Duff
Conacher
on
needed
changes
to
close
loopholes
in,
and
clarify,
the
gift-acceptance
rules
in
the
Conflict
of
Interest
Code
for
Members
of
the
House
of
Commons before
the Subcommittee on Gifts of
the
House of Commons Standing Committee on Procedure and House Affairs
and brief submitted
to the Subcommittee (April 2, 2009)
- NEWS RELEASE: Democracy Watch Applies to Appeal to
Supreme Court of Canada Challenging Federal Court of Appeal's Ruling
About Ethics Commissioner's Decision On Whether Prime Minister Harper
and His Cabinet
Are in a Conflict of Interest Over
Mulroney-Schreiber Situation --
Democracy Watch Still Seeks MPs and Senators to Re-file Complaint to
Ensure
Commissioner Rules On Issue, and to Change Ethics Law to Ensure Public
Rulings on Complaints Filed by Anyone
(March 27, 2009)
- NEWS RELEASE: Federal
Court of Appeal Cuts Off Hearing, Rules That Ethics Commissioner Didn't
Legally Rule, and Doesn't Have to Rule, on Complaint About Whether
Prime Minister Harper and His Cabinet Are in a Conflict of Interest
When Making Decisions About Mulroney-Schreiber Situation - Democracy
Watch
Seeks
MPs
and
Senators
to
Re-file
Complaint
to
Ensure
Commissioner
Rules
on
Issue,
and
to
Change
Ethics
Law
to
Ensure
Public
Rulings on Complaints Filed by Anyone
(January
23, 2009)
- NEWS RELEASE: Federal
Court of Appeal Hearing on Wednesday of Landmark Case Challenging
Federal Ethics Commissioner's Ruling That Prime Minister Harper and His
Cabinet Are Not in a Conflict of Interest When Making Decisions About
Mulroney-Schreiber Situation, and Challenging Constitutionality of
Ethics Complaint System (January 19, 2009)
- NEWS RELEASE: Federal
Court of Appeal Hearing on Monday of Landmark Case Challenging Ruling
that Approved of a Lobbyist Organizing a Fundraising Event for a
Cabinet Minister He Was Registered to Lobby -- Ethics Commissioner's
New Guideline Strongly Reaffirms that
Federal Cabinet Ministers/Senior Officials Cannot Accept Gifts or
Favours From Lobbyists
(January 9,
2009) -- To see Canadian Press
wire articles about the court case published by GlobeandMail.com and 33
other media outlets across Canada, click
here (January 11-12, 2009), and by CBC.ca and 15 other media
outlets across Canada, click here
(January 12, 2009)
- WEBSITE ARTICLE: Democracy
Watch's
court
case
challenging
federal
Ethics
Commissioner's
ruling
that
Prime
Minister
Harper
and
his
Cabinet
are
not
in
a
conflict
of
interest
over Mulroney-Schreiber situation proceeds in Federal Court of
Appeal after Commissioner's motion is rejected (Canada.com and
GlobalTV websites, and National Post and 11 other CanWest News
Service newspapers across Canada, July 28, 2008)
- WEBSITE ARTICLE: Democracy
Watch's
court
case
challenging
federal
Ethics
Commissioner's
ruling
that
Prime
Minister
Harper
and
his
Cabinet
are
not
in
a
conflict
of
interest
concerning the Mulroney-Schreiber situation proceeds in
Federal Court of Appeal after Commissioner's motion is rejected (Globe
and
Mail, July 28, 2008)
- NEWS RELEASE: Federal
Ethics Commissioner Files Motion to Try to Stop Court Review of Her
Ruling That Prime Minister and His Cabinet Are Not in a Conflict of
Interest Over
Mulroney-Schreiber Situation, But Rules Liberal MP is in a Conflict of
Interest (May 21, 2008)
- WEBSITE ARTICLE: Federal
Ethics Commissioner finds Liberal MP in conflict of interest over
Mulroney-Schreiber affair, even though she ruled in January that Prime
Minister Harper
and his Cabinet ministers were not in conflict of interest (Halifax
Chronicle-Herald, May 8, 2008)
- NEWS RELEASE: Democracy
Watch
Files
Court
Challenge
of
Federal
Ethics
Commissioner’s
Decision
Allowing
Prime
Minister
Harper
and
His
Cabinet
To
Set
Terms
of
Reference
of
Inquiry and To Choose Who Will Judge Themselves, Mulroney
and Schreiber
(February 19, 2008)
- NEWS RELEASE: Ethics
Commissioner Ignores Law and Conflicts of Interest, Allows Prime
Minister and His Cabinet To Choose Who Will Judge Themselves, Mulroney
and Schreiber -- Democracy Watch Seeks Pro Bono Lawyer
to Help Challenge Commissioner’s Decision and Calls on Parliamentarians
to Restore “Apparent Conflict of Interest” Rule (January 9,
2008) -- To see the Canadian Press (CP) wire article on this issue
(published by 9 media outlets across Canada), click here
- NEWS RELEASE: Group
Calls for Rulings from Ethics Commissioner on Actions by Prime Minister
and Other Cabinet Ministers Concerning Mulroney-Schreiber Situation --
All
MPs on Ethics Committee Should Agree on Questions (November 26,
2007)
-- (To see the Canadian Press wire article published on 12 media
websites,
and to see a video of part of Democracy Watch's news conference, click
here (and then click on VIDEO link on CTV.ca page link takes you
to)
Commissioner
of
Canada
Elections
William
H.
Corbett
The Commissioner of Canada
Elections, along with the federal Director of
Public Prosecutions, enforce the donations limits and other
measures in the Canada Elections Act.
Set
out
below
are
the
documents
about
complaints
Democracy
Watch
has
filed
with
the
Commissioner.
(in reverse chronological order)
- NEWS RELEASE: CSIS
Director's Disclosure of Foreign Influence Over Canadian Government
Officials Yet Another Reason To Ban Secret, Unethical Donations and
Lobbying Across Canada -- If
politicians across Canada do not close
loopholes and strengthen enforcement, corruption of governments will
continue to be easy (June 23, 2010)
- OP-ED: Oliphant
Commission and recent scandals show clear need for another Federal
Accountability Act (Rabble.ca, June 16, 2010, Hill Times, June 21, 2010,
TheMarkNews.com, June 23, 2010)
- NEWS RELEASE: Group
Files Additional Information Supporting Complaints To Lobbying
Commissioner, Ethics Commissioner and Elections Canada About
Fundraising Events That Raise Serious Questions Held by Federal
Conservatives Rick Dykstra and Lisa Raitt (November 3, 2009)
- NEWS RELEASE: Group
Files Complaints With Lobbying Commissioner, Ethics Commissioner and
Elections Canada About Lobbyist's Assistance With Federal Conservative
Fundraising Event That Raises Serious Questions (October 22, 2009)
- NEWS RELEASE: Group
Files Complaints With Lobbying Commissioner, Ethics Commissioner and
Elections Canada About Federal Conservative Fundraising Event At Rogers
Centre That Raises Serious Questions (October 16, 2009)
Senate Ethics Officer Jean T. Fournier
(appointed May 2005)
The Senate Ethics Officer is, under the Parliament of Canada Act the
enforcer of the Conflict of Interest
Code for Senators. Very unfortunately, the Senate Ethics
Officer lacks independence in key areas (investigations and rulings)
and as a result is essentially a lapdog controlled in key ways by a
committee of senators (Former Ethics
Counsellor Howard Wilson and Registrar of Lobbyists Michael
Nelson had similar lack of independence problems). Set out
below are documents about this problem with the enforcement of Senate
of Canada's ethics rules, and about other key loopholes in the rules
and enforcement system.
(in reverse chronological order)
- NEWS RELEASE: CSIS
Director's Disclosure of Foreign Influence Over Canadian Government
Officials Yet Another Reason To Ban Secret, Unethical Donations and
Lobbying Across Canada -- If
politicians across Canada do not close
loopholes and strengthen enforcement, corruption of governments will
continue to be easy (June 23, 2010)
- OP-ED: Oliphant
Commission and recent scandals show clear need for another Federal
Accountability Act (Rabble.ca, June 16, 2010, Hill Times, June 21, 2010,
TheMarkNews.com, June 23, 2010)
- OP-ED: Weak ethics
rules and enforcement undermine everyone in Canadian politics (Hill Times, May 3, 2010)
- TESTIMONY AND NEWS RELEASE: Group's Final Policy Submission to
Oliphant Commission Details 20 Unethical, But Still Legal, Actions By
Cabinet Ministers and Others in Federal Politics, and 10 Key Flaws in
Enforcement Systems -- Loopholes
in Ethics and Openness Laws Must Be
Closed, and Enforcement Strengthened, To Prevent Ethics Violations and
Excessive Secrecy (July 31, 2009)
- TESTIMONY AND NEWS RELEASE: Oliphant
Inquiry's Policy Review This Week Opens Door to Closing Loopholes,
Strengthening Enforcement of Federal Ethics, Lobbying, Political
Finance and Open Government Rules (June 15, 2009)
- LETTER-TO-THE-EDITOR: Senate Ethics Officer lacks key
investigation powers compared to federal Conflict of Interest and
Ethics Commissioner, so Bill C-30 should be passed or Senate ethics
code changed in key ways (Hill
Times, June 1, 2009)
- LETTER-TO-THE-EDITOR: Senate
Ethics Officer lacks key investigation powers compared to federal
Conflict of Interest and Ethics Commissioner (Hill Times, December 1, 2008)
- LETTER-TO-THE-EDITOR: Senate
Ethics
Officer
is
a
lapdog,
not
a
watchdog (Ottawa
Citizen, December 11, 2006)
- NEW RELEASE: Undemocratic,
Unethical
Appointments
to
Undemocratic,
Unethical
Senate (March 24,
2005)
Registrar of Lobbyists
Michael Nelson
(appointed July 2004, retired July 2008)
The Registrar of Lobbyists Michael Nelson took over in May
2004 from
lapdog Ethics Counsellor Howard Wilson
as the administrator of the federal Lobbyist Registration Act
and
the enforcer of the federal Lobbyists' Code of Conduct.
Registrar Nelson soon proved to be just as much of a lapdog as former
Ethics Counsellor Wilson, so Democracy Watch filed a court challenge
against him in September 2005, and then a court challenge of his first
ruling in November 2006 -- Democracy Watch won the court challenge in
the Federal Court of Appeal in March 2009. Set out below are the
documents about all
of these challenges.
(in reverse chronological order)
- OP-ED: Weak ethics
rules and enforcement undermine everyone in Canadian politics (Hill Times, May 3, 2010)
- NEWS RELEASE: Federal Court of Appeal Rules That
Lobbyists Violate Rule 8 of Lobbyists'
Code
of
Conduct
If
They Do Anything To Create Any Private Interest Or Obligation That
Conflicts With Any Public Duty of a Federal Politician or Government
Official
-- Court Declines to Order New
Hearing and Makes No Finding Concerning
Conduct of Lobbyist Conduct Who Organized Fundraising Event in 1999 for
Cabinet Minister
(March 17, 2009) -- To see
article and video interview about the ruling, click here
- NEWS RELEASE: Federal
Court of Appeal Hearing on Monday of Landmark Case Challenging Ruling
that Approved of a Lobbyist Organizing a Fundraising Event for a
Cabinet Minister He Was Registered to Lobby -- Ethics Commissioner's
New Guideline Strongly Reaffirms that
Federal Cabinet Ministers/Senior Officials Cannot Accept Gifts or
Favours From Lobbyists
(January 9,
2009) -- To see Canadian Press
wire articles about the court case published by GlobeandMail.com and 33
other media outlets across Canada, click
here (January 11-12, 2009), and by CBC.ca and 15 other media
outlets across Canada, click here
(January 12, 2009)
- SUMMARY: Summary
of
History
of
Democracy
Watch's
Eight
Ethics
Complaints (updated as
of January 8, 2009)
- WEBSITE ARTICLE: Registrar
of
Lobbyists
increases
size
of
secret
lobbying
loophole
in
federal
lobbying
law
that
Democracy
Watch
revealed
eight
years
ago
--
MPs
falsely
claim they did not know about loophole (Canoe.ca and 21
other media outlets (publishing Canadian Press wire article), August
18, 2008)
- NEWS RELEASE: Federal
Court Justice Orders Democracy Watch To Pay In Advance $10,000 in Costs
or Face Dismissal of Its Appeal of a Federal Court Ruling That
Legalizes Lobbyists Raising Money and Doing Favours for Cabinet
Ministers They Lobby (August 15, 2008)
- NEW RELEASE: Democracy
Watch Appeals Federal Court Ruling That Legalizes Lobbyists Raising
Money and Doing Favours for Cabinet Ministers They Lobby (April 11,
2008)
- NEWS RELEASE: Challenge
of
Federal
Registrar
of
Lobbyists’
Ruling
that
Lobbyists
Can
Fundraise
for
Ministers
They
Lobby,
and
of
Federal
Lobbying
Ethics
Enforcement
System,
in
Federal Court in Toronto on Monday (January 25, 2008)
- NOTE: The case was heard by the Federal Court of Canada in
Toronto
on January 28, 2008
- NEWS RELEASE: Group
Files Court Challenge of Federal Registrar of Lobbyists' Ruling That
Lobbyists Can Fundraise for Ministers They Lobby (January 25, 2007)
- NEWS RELEASE: Democracy
Watch
Expects
Rulings
Soon
on
Years-Old
Ethics
Complaints
Against
Federal
Lobbyists
and
Politicians (April 20, 2006)
- NEWS RELEASE: Group
Files Court Challenge of Federal Ethics Commissioner, Registrar of
Lobbyists
(September 29, 2005) - Ethics
Court Case 2005 Application (September 20, 2005)
Ethics Commissioner
Bernard Shapiro
(appointed May 2004, resigned April 2007,
replaced by Ethics Commissioner Mary
Dawson)
Ethics Commissioner Bernard Shapiro took over in May 2004 from
lapdog Ethics Counsellor Howard Wilson
as the enforcer of the ethics code for Cabinet ministers, their staff,
Cabinet appointees, and senior government officials. In October
2004, the new ethics code for Members of the House of Commons (MPs)
came into force, and Commissioner Shapiro became enforcer also of that
code. Commissioner Shapiro soon proved to be as much of a lapdog
as Ethics Counsellor Wilson, so in July 2005 Democracy Watch launched
the first-ever ethics complaint against an enforcer of ethics laws in
Canada with its complaint against the Commissioner Shapiro. In
September 2005 Democracy Watch followed up on the complaint (which the
Ethics Commissioner refused to address) with a court challenge.
Thankfully, under pressure because of his extremely weak and unethical
track record, Commissioner Shapiro resigned in April 2007 and was
replaced by Conflict of Interest and
Ethics Commissioner Mary Dawson. Set out below are documents
concerning the court challenge, and ethics complaints filed with the
Commissioner, between May 2004 and April 2007.
(in reverse chronological order)
- OP-ED: Weak ethics
rules and enforcement undermine everyone in Canadian politics (Hill Times, May 3, 2010)
- SUMMARY: Summary
of
History
of
Democracy
Watch's
Eight
Ethics
Complaints (updated
as of January 8, 2009)
- NEWS RELEASE: Former
Federal Ethics Commissioner Failed To Enforce Rules Many Times, Does
Not Deserve Severance Payment -- Next Commissioner Must Have Strict
Enforcement Attitude and Experience (April 5, 2007)
- NEWS RELEASE: Ethics
Commissioner Again Fails To Enforce Ethics Rules -- Refuses To Deal
With Complaints About Accountability Act and Income Trust Tax Broken
Promises -- Democracy Watch Seeks Federal Politician To Re-File
Complaints, Lawyer to Take Ethics Commissioner To Court (March 16,
2007)
- NEWS RELEASE: Ethics
Commissioner Refuses To Deal With Complaint About MP Wajid Khan
Switching Parties and Keeping Report Secret -- Democracy Watch Calls on
Commons Committee on
Ethics To Order Ethics Commissioner to Enforce "Honesty" Rule
(March 14, 2007)
- NEWS RELEASE: Democracy
Watch
Files
Ethics
Complaint
Against
Party-Switcher
Wajid
Khan
--
Calls
on
Ethics
Commissioner
to
Resign (January 23, 2007)
- NEWS RELEASE: Accountability
Act's
Half-Measures
a
Half-Step
Forward
in
Federal
Government
Accountability,
Not
the
Giant
Step
Forward
Promised
by
the
Conservatives
--
Democracy
Re-Files
Its
Ethics Complaint . . .
(December 12, 2006)
- NEWS RELEASE: Democracy Watch
Files Ethics Complaints Against Prime Minister Harper and Finance
Minister Flaherty for Dishonesty on Taxing Income Trusts (November
10, 2006) -- To
see a video of part of Democracy Watch 's news conference, click the
link
under the heading "Video" on the following CTV.ca
webpage
- NEWS RELEASE: Democracy
Watch
Files
Ethics
Complaint
Against
Prime
Minister,
.
.
.
For
Being
Dishonest
About
Broken
Election
Promises
--
Conservatives
Propose
to
Cut
Federal
Ethics Rule That Requires Top Politicians and Officials to be
Honest
(May 25, 2006)
- NEWS RELEASE: Democracy
Watch
Sends
Letters
to
Ethics
Commissioner
Requesting
Details
on
When
He
Will
Rule
on
Complaints
Against
Party-Switchers
Stronach
and
Emerson,
and
Prime
Ministers Martin and Harper (April 27, 2006)
- NEWS RELEASE: Federal
Ethics Commissioner Again Improperly Rules on Ethics Complaints --
Wrongly
Claims He Cannot Rule on Honesty and Increasing Public Trust Rules --
Democracy Watch Awaits Rulings on its Complaints (March 20, 2006)
--
To see Canadian Press wire story about this issue, click here
- NEWS RELEASE: Democracy
Watch
Files
Ethics
Complaints
Against
Party-Switchers
Stronach
and
Emerson,
and
Prime
Ministers
Martin
and
Harper
--
Calls
on
Ethics
Commissioner
to
Resign (March 14, 2006) -- To see the PoliticsWatch.com article
about this news release, click here
- NEWS RELEASE: Federal
Ethics
Commissioner
and
All
Political
Parties
Hypocritical
and
Dishonest
in
Emerson
Cabinet
Appointment
Complaint
Fiasco
--
Shows
Clear
Need
for
Merit-Based
Appointment
Process for All Government
Watchdog Agencies (March 10, 2006)
- NEWS RELEASE: Democracy
Watch
Will
File
Ethics
Complaints
on
Dingwall
Payment
Fiasco
and
David
Emerson's
Party-Switching
Cabinet
Post,
Other
Cabinet
Postings
Highly
Questionable
(February 6, 2006)
- NEWS RELEASE: Group
Files Court Challenge of Federal Ethics Commissioner, Registrar of
Lobbyists
(September 29, 2005) - Ethics
Court Case 2005 Application (September 20, 2005)
- NEWS RELEASE: Group
Files Ethics Complaint Against Ethics Commissioner, Calls for
Resignation
(June 29, 2005)
- RADIO PIECE: Federal Ethics
Commissioner Bernard Shapiro Lacks Expertise, and is Biased Against
Fulfilling His Legal Duties Properly (June 25, 2005 - To listen to
the piece, scroll down on the page this link takes you to and click on
the link to the June 25, 2005 show -- the piece starts 12 minutes, 40
seconds into the show, and ends 20 minutes, 50 seconds into the show)
- NEWS RELEASE: Ethics
Commissioner Again Ignores Rules in Grewal Ruling, Testifies at Illegal
House Committee Hearing (June 23, 2005)
- NEWS RELEASE: Ethics
Commissioner Ruling on Sgro Affair Biased, Flawed -- Avoids Many Key
Issues (June 21, 2005)
- NEWS RELEASE: Ethics
Commissioner
Must
Rule
on
PMO
Staffer,
Fails
To
Fulfill
Legal
Duties
By
Refusing
To
Do
So (June 7, 2005)
- NEWS RELEASE: Group
Calls on Ethics Commissioner to Rule On Deal Making by Prime Minister,
MPs and PMO Staffer (May 20, 2005)
- NEWS RELEASE: Ethics
Commissioner Process Biased, Flawed -- Impartial Inquiry Needed into
Sgro Affair (May 10, 2005)
- NEWS RELEASE: Federal
Ethics
Commissioner
Continues
Completely
Ineffective
Enforcement
of
Cabinet
Ethics
Rules (Hill Times, April 25, 2005)
Ethics Counsellor and
Registrar of Lobbyists Howard Wilson
(appointed June 1994, replaced May 2004 by Ethics Commissioner Shapiro and Registrar of
Lobbyists Nelson)
In June 1994, the position of federal Ethics Counsellor was
created by Prime Minister Jean Chrétien to enforce the ethics
code for federal Canadian Cabinet ministers, their staff, Cabinet
appointees,
and senior government officials, and to administer the federal Lobbyist
Registration
Act. Unfortunately, Chrétien broke his
election
promise to create an independent and fully empowered ethics watchdog,
and
instead the Ethics Counsellor was completely under the control of Prime
Minister Chrétien and had no powers to investigate or penalize
violators
of the code. In March 2007, the new Lobbyists' Code of Conduct
came into force, and the Ethics Counsellor also became the enforcer of
this
code. After 9 years of exposing the flaws in the Ethics
Counsellor
position, in May 2003 Democracy Watch launched the first-ever court
challenge
of government ethics rules and enforcement in the history of Canada,
and
the following documents give all the details about the court challenge
that Democracy Watch won in July 2004.
(in reverse chronological order)
To see all of Democracy
Watch's news releases and op-eds between 2003 and the end of 2006 about
the Canadian federal government's ethics and lobbying enforcement
systems, click
on the following link:
Ethics and
Lobbying News From 2003 to End of 2006
|