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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, the Commissioner is an Officer of Parliament with a fixed term of office of seven years and control over their staff and more control over their budget (and therefore more independence from federal Cabinet ministers).  The Commissioner took over from the Registrar as the administrator of the federal Lobbyist Registration Act and the enforcer of the federal Lobbyists' Code of Conduct.  As the documents set out below detail, Democracy Watch continued its November 2006 court challenge of a ruling by the Registrar past July 2008, and the final court ruling will apply to the Commissioner (NOTE: As of March 10, 2009, the Commissioner had still not been appointed, and former Deputy Registrar of Lobbyists Karen Shepherd continued to serve as Interim Commissioner).
(in reverse chronological order)


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, even though only she had been Commissioner for only 7 months, in February 2008 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)



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)


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)

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, and Democracy Watch is currently appealing the Federal Court's ruling on its court challenge.  Set out below are the documents about all of these challenges.
(in reverse chronological order)


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)


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 and decision.
(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

Page last updated January 14, 2010

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