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Summary of Democracy Watch's Many
Achievements
Democracy Watch opened its doors in October 1993.
With the
support
of citizens and citizen groups across Canada, Democracy Watch's 8
winning
campaigns and strategies have produced the following successes since
the
launch of the first campaign in May 1994, more successes than any other
national citizen advocacy group in Canada:
1. More
than 100 democratizing
changes won to
16 key federal laws and 6 key federal policies addressing bank
accountability,
government ethics, honesty in politics, money in politics, open
government, corporate
responsibility and
voter
rights; 3 historic federal court rulings won on government ethics and money in politics issues;
and also helped win the passage of a strong political finance limits
law in
Manitoba and Nova Scotia;
the passage of lobbyist disclosure laws in Ontario, Alberta, B.C., Nova
Scotia and Newfoundland and Labrador;
and the passage of a strong lobbyist disclosure and ethics enforcement
law in Québec.
In other words, Democracy Watch has won more changes than
any other
national citizen advocacy group in Canada since 1994! -- please
see set out below details about the law and policy changes and
other
achievements of each Democracy Watch campaign;
2.
National TV, radio or
newspaper coverage
of Democracy Watch campaigns on average 10-15 times each month (along
with
regional and local media coverage on average 25-30 times each month),
every
month since April 1994 -- and copies of Democracy Watch's news releases
and responses to its campaign activities also regularly appear in blogs
across Canada (Go to List of Democracy
Watch's
Media and Public Appearances and also see Selected TV and Radio Interviews
and Quotations
by Media and Others About Democracy Watch) and,
3.
Publication of More Canada
Firsts: Another
Collection of Canadian Firsts and Foremosts in the World (by Duff
Conacher,
Coordinator of Democracy Watch: 1999); and Democracy Watch's leading
advocacy
featured in the following books and international reports:
- Bank Heist (Walter Stewart, 1997);
- The Myth of the Good Corporate Citizen (Murray
Dobbin:
1998);
- Chips and Pop: Decoding the Nexus Generation
(Robert
Barnard et
al: 1998);
- The Banks (Les Whittington: 1999);
- Paper Boom (Jim Stanford: 1999);
- Imagine Democracy (Judy Rebick: 2000);
- Watchdogs and Gadflies: Activism from Mainstream to
Marginal (Tim
Falconer: 2001);
- The Vanishing Country: Is It Too Late to Save Canada?
(Mel Hurtig:
2002);
- Paul Martin: CEO for Canada? (Murray Dobbin: 2003);
- Elections (John C. Courtney: 2004);
- in the following report: 2004
Global Corruption Report (Democracy Watch Coordinator Duff Conacher
wrote the article on Canada);
- The Law of Government (by former Democracy Watch
board
members Craig
Forcese and Aaron Freeman (NOTE: approximately half of this book is
taken
from what they learned as Democracy Watch board members): 2005);
- in the following report: 2007
Global
Integrity
Report (Democracy Watch Coordinator Duff Conacher
prepared the Integrity Indicators Scorecard for Canada);
- The Truth About Canada (Mel Hurtig: 2008);
- in the following report: 2008
Global
Integrity
Report (Democracy Watch Coordinator Duff Conacher
prepared the Integrity Indicators Scorecard for Canada), and;
- Losing Confidence
(Elizabeth May: 2009)
4. As a
result of Democracy Watch's Anti-Trust
Campaign, the federal government has implemented most of the
campaign's
proposals, including:
- increased funding and powers for the Competition Bureau to
help
enforcement
of the federal Competition Act;
- a right for individuals to take a company directly to the
Competition
Tribunal
for breaking some measures of the Competition Act,and;
- a $15 million penalty for airlines who break some measures
in the Competition
Act.
5.
As a result of Democracy Watch's Bank
Accountability Campaign (launched in April 1994), and its
organizing
and
coordination of the Canadian Community
Reinvestment Coalition (CCRC), a nation-wide coalition of 100
citizen
groups that since 1997 has advocated for increased bank accountability
in Canada, had most of Democracy Watch's proposals have been
implemented by the federal
government, including:
- in January 2010, the implementation of a few regulations
requiring more full and plain-language disclosure of the cost of
borrowing on a credit card;
- the passage in April 2007 of Bill C-37 which strengthened
the federal Canadian Bank Act by increasing fines, and requiring the
clearing of cheques more quickly (although many further changes are
needed, click
here for details)
- as a result of Democracy Watch's and the CCRC's advocacy,
banks have
been
forced to lower many service charges and, as a result, the average
price
for services has dropped from 76 cents in 1996 to 50 cents in 2005
saving
Canadians more than $5 billion in service charges over that 9-year
period;
- the CCRC led the successful citizen campaign in 1998 to
stop two
proposed
bank mergers, and has had most of its proposals adopted by the federal
government, including passage of Bill C-8 in June 2001 which includes:
- a requirement that Canada's big banks and other financial
institutions
annually disclose detailed information about their lending to business;
- a ban on banks coercing customers into buying a product
they don't want;
- a requirement that banks give 4 to 6 months notice, and
consult with
the
local community, before closing a branch;
- a requirement that Canada's big banks and other large
financial
institutions
produce annual, publicly available Public Accountability Statements
(the first
Canadian corporate sector ever required to produce such statements);
- a requirement that banks open low-cost accounts and cash
cheques for
anyone
(especially people with low-incomes) who presents basic identification;
- the creation of a new government regulatory agency, the
Financial
Consumer
Agency of Canada, to enforce the above new rights and responsibilities;
- the creation and strengthening of the independence of
bank ombudsmen to
handle complaints about unfair service, and;
- a ban on bank mergers until September 2004 while the
federal
government's
bank merger review process is strengthened.
6.
As a result of Democracy Watch's Citizen
Association Campaign (launched in April 1994) Democracy Watch has
won:
- public
endorsement by former federal Industry Minister John Manley, and the
1998
federal Task Force on Financial Services, and the House of Commons
Finance
Commitee and the Senate Banking Committee, of Democracy Watch's
proposal
of an innovative method for organizing a citizen group to act as a
watchdog
over the Canada's big banks and other financial institutions, and;
- in fall 2006, endorsement by an Ontario government
committee of Democracy Watch's proposal to use the method to create a
citizen watchdog group for the investment industry
7.
As a result of Democracy
Watch's Corporate
Responsibility Campaign (launched in April 1994), and its
organizing
and
coordination of the Corporate Responsibility Coalition, a nation-wide
coalition
of more than 30 citizen groups that advocates for corporate
responsibility
in Canada, Democracy Watch has had some of its proposals adopted by the
federal
government,
including:
- passage of Bill C-45 in March 2004 that changed the Criminal
Code
to make it easier to hold corporations accountable for crimes;
- passage of Bill C-13 in March 2004 which:
- creates a new Criminal Code offence of improper
insider trading;
- provides whistleblower protection to employees who report
unlawful
conduct;
and
- increases the maximum sentences for existing fraud
offences and
establishes
a list of aggravating factors to aid the courts in sentencing.
- passage of Bill S-11 in November 2001 which lowers the
barriers to
shareholders
of corporations proposing corporate responsibility measures to other
shareholders
8.
As a result of Democracy Watch's Government
Ethics
Campaign, and its organizing and coordination of the
Government
Ethics Coalition, a nation-wide coalition of more than 30 citizen
groups
that advocates for stronger lobbying and ethics rules in Canada,
Democracy Watch has
had some of its proposals adopted by federal, provincial and municipal
governments, including:
- in November 2009, the Commissioner of Lobbying issued,
finally, a legally correct and effective enforcement guideline
for Rule 8 of the Lobbyists' Code of
Conduct following the Federal Court of Appeal of Canada's
historic March 2009 ruling on
Democracy Watch's court challenge;
- in March 2009, the Federal Court of Appeal of Canada issued
an historic ruling in
Democracy Watch's case stating that federal lobbyists violate the Lobbyists' Code of Conduct when
they do anything for, or give anything to, politicians or government
officials they are lobbying;
- in fall 2008, the federal Conflict of Interest and Ethics
Commissioner released a world-leading Guideline
on Gifts (including Invitations, Fundraisers and Business Lunches)
that sets the standard Democracy Watch advocated;
- on May 29, 2008, changes to the Conflict of Interest Code for Senators
to make it illegal for a senator to take part in debates about a
specific matter in which they have a private interest, and to make the
Senate Ethics Officer slightly more independent;
- on May 31, 2007, the passage of Bill C-48, which amends the
Criminal Code
of Canada to broaden and clarify the bribery and anti-government
corruption
sections of the Code to cover
all government officials and "indirect"
bribes
and other corrupt acts as one step to bring Canada into compliance with
the United
Nations
Convention Against Corruption (signed December 2003, in force as of
December 2005)
- on December 14, 2006, the passage of Bill C-2 (the
so-called "Federal
Accountability
Act") by the federal government, which makes the following key changes
(To see Democracy Watch's full review of Bill C-2, click
here):
- protection from retaliation by an independent watchdog
agency (the
Public
Sector Integrity Commissioner) for most government employees if they
blow
the whistle on government wrongdoing (the protection is not as strong
as
it should be, but it is protection that has never existed before, and
is
the first such comprehensive law in Canada);
- MPs who have a trust fund/bank account for collecting
donations outside
the limits and disclosure system are required to shut down the trust
fund/bank
account;
- federal Cabinet ministers, their staff, and some senior
government
officials
will no longer be allowed to have dealings with the trustee that
handles
their assets in their "blind trust" set up to avoid conflicts of
interest;
- Dr. Bernard Shapiro, the current federal Ethics
Commissioner, who in
dozens
of cases failed to enforce federal ethics rules, was replaced on July
9,
2007 by a Conflict of Interest and Ethics Commissioner, and the
incompetent
Deputy Ethics Commissioner Robert Benson (who was also formerly Deputy
Ethics Counsellor to the biased and incompetent Ethics Counsellor
Howard
Wilson) has also been replaced (To see details about Democracy Watch's
court challenge of the Ethics Commissioner's and Deputy Ethics
Commissioner's
failure to enforce federal ethics rules in 2004-2005, click
here);
- the new Conflict of Interest and Ethics Commissioner has
new powers to
investigate anyone covered by the federal ethics rules whenever there
is
evidence of a violation (in the past, the Ethics Commissioner often
abused
technical loopholes to refuse to investigate ministerial staff or to
refuse
to investigate if a complaint was not filed by an MP or Senator);
- the federal Conflict of Interest and Post-Employment
Code for
Public
Office Holders Code (which applies to Cabinet ministers, their
staff,
and senior government officials) is changed from a code into a law
called
the Conflict of Interest Act;
- almost all senior politicians and senior government
officials
(including
people serving on "transition teams" when the ruling party changes) are
banned for 5 years from becoming a registered lobbyist after they leave
office;
- NOTE: the following lobbying law changes were finally
implemented on July 2, 2008
- lobbyists will be required to disclose each month the
subject matter of
some of their communications with senior politicians and senior
government
officials;
- lobbyists are banned from contingency/success commission
fee
arrangements
with their clients (to discourage lobbyists from trying to win policy
changes
at any cost, including using bribes);
- the watchdog for lobbyists, who was a lapdog called the
Registrar who
is completely controlled
by a politician, will be changed into a fully independent, fully
empowered
watchdog called the Commissioner of Lobbying;
- the period during which Lobbying Act violations
can be
investigated
and prosecuted is extended from two years to 10 years (to help ensure
that
violators who hide their violations do not escape accountability);
- the fines for violating the Lobbying Act will be doubled
from $25,000
to $50,000
on summary conviction, and from $100,000 to $200,000 if convicted by
indictment.
- in early February 2006, introduction of a strengthened Conflict
of
Interest
and
Post-Employment
Code for Public Office Holders, including:
- an extension of the ban from 1 year to 5 years on Cabinet
ministers,
some
ministerial staff, and some senior public servants becoming lobbyists
after
they leave government;
- a new avenue for the public to file complaints with the
federal Ethics
Commissioner, and;
- more restrictions on federal politicians and senior
public officials
having
any awareness of their financial assets while in public office.
- passage in June 2005 of Bill C-15 which changed the federal
Lobbyists
Registration Act, increasing the disclosure requirements for
federal
lobbyists (including requiring more corporate lobbyists to disclose
their
activities in the lobbyist registery, and requiring disclosure by all
registered
lobbyists of their past work with the federal government);
- creation in the fall of 2004 of the first ethics watchdog
office for a
Canadian city, in Toronto;
- passage of Bill C-4 in March 2004 which changed the Parliament
of
Canada
Act to:
- creates a more independent federal ethics watchdog (the
Ethics
Commissioner)
who reports to Parliament to investigate Cabinet ministers, and MPs who
violate federal ethics rules, and who can't be overruled by the Prime
Minister
;
- creates ethics rules for federal MPs and senators, and;
- creates an ethics watchdog for Senators (unfortunately,
the Senate
decided
to keep the Senate Ethics Officer completely under the control of a
committee
of Senators).
- in July 2004, Democracy Watch won the first-ever court
challenge of a
Canadian
government's ethics enforcement system, when it successfully challenged
the federal Ethics Counsellor's rulings and structure of Ethics
Counsellor
office: See Decision
of Federal Court in Democracy Watch v. Office of the Ethics
Counsellor
(July 9, 2004);
- passage of lobbying disclosure laws in B.C., Nova Scotia,
Ontario and
Québec
between 1998 and 2002;
- passage in 1997 of the federal Lobbyists' Code of
Conduct and
also
an ethics code for lobbyists in Québec (including a ban on
lobbyists
and government contractors working for Cabinet ministers);
- creation of ethics watchdogs to investigate lobbyists who
violate their
code of conduct at the federal level (in 1997 through changes to the
federal Lobbyists
Registration Act) and in Québec (in 2002);
- creation in 1996 of a searchable registry of federal
lobbying on the
Internet,
which has been copied in the four provinces that have passed lobbying
disclosure
laws, which makes it easy for people across Canada to track lobbying of
these governments;
- passage of Bill C-43 in 1995 which changed the federal Lobbyists
Registration
Act, requiring lobbyists to disclose more details about their
"behind
closed door" activities in Ottawa.
9. In part as a result of Democracy Watch's Honesty in Politics Campaign
(launched in 2002), the following changes have been made:
- on December 14, 2006, the passage of Bill C-2 (the
so-called "Federal
Accountability
Act") by the federal government, which created the Parliamentary Budget
Officer (PBO) position to help ensure truth in federal government
budgetting
10.
As a result of Democracy Watch's Money
in Politics Campaign (launched in spring 1999), the organizing and
coordination of the Money in Politics Coalition, a nation-wide
coalition
of over 50 citizen groups that advocates for a democratic political
finance
system in Canada and has had some of its proposals adopted by the
federal
government, including:
- on December 14, 2006, the passage of Bill C-2 (the
so-called "Federal
Accountability
Act") by the federal government, which makes the following key changes
(To see Democracy Watch's full review of Bill C-2, click
here):
- secret, unlimited donations of money, property or
services made
directly
to candidates in federal elections are banned, and almost all donations
of more than $500 will have to be disclosed within 4 months after each
election (they were allowed and did not have to be disclosed as long as
the candidate did not use the donation for their campaign) -- NOTE:
this
measure does not come into effect until June 12, 2007;
- donations from corporations, unions or organizations of
any kind to any
party or any type of candidate at any time are banned;
- as of January 1, 2007, the annual limit on individual
donations is
decreased
from $5,000 to $1,000 total to each party;
- as of January 1, 2007, the annual limit on individual
donations is
decreased
from $5,000 to $1,000 combined total to each party's nomination race
candidates,
election candidates, and riding associations;
- as of January 1, 2007, the annual limit on individual
donations is
decreased
from $5,000 to $1,000 total to each election candidate who runs as an
independent;
- as of January 1, 2007, the limit on individual donations
is decreased
from
$5,000 to $1,000 to each candidate during a campaign for the leadership
of a party;
- cash donations of more than $20 are banned, to ensure
that there is a
written
record of almost all donations;
- successfully intervening in February 2004 in Supreme Court
of Canada
case Harper
v. Attorney General of Canada (Supreme
Court of Canada decision in Harper v. Canada (Attorney General)
(May 18, 2004)) in support of Bill C-2 measures (see below) which limit
paid advertising during election campaign periods by "third parties"
(NOTE:
The Supreme Court ruled on May 18, 2004 that limits are constitutional);
- passage of Bill C-24 in June 2003 (in force as of January
1, 2004)
which
added to the Canadian federal Elections Act:
- first-ever limits on donations by corporations, unions,
other
organizations
and individuals;
- first-ever disclosure requirements for party candidate
nomination
campaigns
and party leadership campaigns;
- quarterly disclosure of donations to political parties
beginning in
2005
(in the past disclosure has been annual);
- annual disclosure of donations collected by riding
associations;
- increased public financing of political parties;
- disclosure of the amounts and terms of bank loans to
federal political
parties;
- regular disclosure of donations to federal Liberal Party
leadership
candidates;
- passage of Bill C-2 in June 2000 which added to the
Canadian federal Elections
Act limits on paid advertising spending during election campaign
periods
by so-called "third parties" (non-political parties or interest
groups);
and
- in addition, the Money in Politics Coalition had most of
its proposals
added to the provincial elections law by the Manitoba government in
August
2002 (including limits on advertising spending during election campaign
periods by third parties; a ban on donations by corporations, unions
and
other organizations; and a limit on donations by individuals).
11.
In part because of Democracy
Watch's Open
Government Campaign (launched in May 2000), and Democracy Watch's
co-coordination
of the Open Government Canada coalition (a coalition of 10 citizen
groups
which pushed until June 2002 for stronger
access-to-government-information
laws in Canada), the federal government has made the following changes:
- on December 14, 2006, the passage of Bill C-2 (the
so-called "Federal
Accountability
Act") by the federal government, which makes the following key changes
(To see Democracy Watch's full review of Bill C-2, click
here):
- the Access to Information Act has been extended
to dozens of
government
institutions that were previously not covered by the Act;
- a written report of all polls and surveys conducted by
federal
government
institutions must be created, and must be disclosed within 6 months of
receipt of the report;
12.
In part as a result of
Democracy Watch's Voter
Rights Campaign, the federal government has made the following
changes:
- on March 17, 2010, passage by the House of Commons of a
motion introduced by the federal NDP that restricts prorogation of
Parliament by the Prime Minister to 7 days unless the House of Commons
approves a longer prorogation;
- on March 16, 2010, passage by the House of Commons of a
motion introduced by the federal Liberals that directs the House of
Commons Board of Internal Economy to change the rules to restrict the
mailing of pamphlets (called "10-percenters") to within an MP's riding;
- on December 14, 2006, the passage of Bill C-2 (the
so-called "Federal
Accountability
Act") by the federal government, which makes the following key changes
(To see Democracy Watch's full review of Bill C-2, click
here):
- the period during which Elections Act violations
can be
investigated
and prosecuted is extended from three years to 10 years (to help ensure
that violators who hide their violations do not escape accountability);
- a Parliamentary Budget Office was created that
(like the U.S.
General Accounting Office) provides independent analyses of government
budget
estimates and the state of the nation's finances (NOTE: the PBO was
finally established in May 2008);
- a Procurement Ombudsman will be created to review the
fairness of government contracting processes (NOTE: the Procurement
Ombudsman was finally created in September 2007);
- a Public Appointments Commission, which will help ensure
a merit-based
nomination process for Cabinet appointees, will possibly be created (it
is only a possibility, as the Bill C-2 gives Cabinet the choice of
whether
or not to establish and maintain the Commission -- NOTE: as of January
2009, the Commission had still not been created)
- all Officers of Parliament (ie. the Conflict of Interest
and Ethics
Commissioner,
the Auditor General, the Chief Electoral Officer, the Information
Commissioner,
the Privacy Commissioner, the Commissioner of Lobbyists, and the Public
Service Integrity Commissioner) will now be appointed only after
consultation
with all parties and passage by majority vote of a resolution in the
House
of Commons;
- a fairly independent Director of Public Prosecutions will
be created to
handle prosecutions involving federal government politicians and
officials
(so that the Minister of Justice does not attempt to stop prosecutions
that affect the Minister's government)
- setting up of the Links
Page to Databases of Contracts Given by All Federal Government
Departments
from October 2004 on (Please note, the database only contains
information
about contracts worth more than $10,000)
- setting up of the Database
of
Contracts
Awarded Between 2002-2004 by Federal Public Works and
Government
Services (PWGSC) Department
- setting up of the Links
Page to Databases of Travel and Hospitality Expense for Federal Cabinet
Ministers, Their Staff, and Senior Government Employees
13.
Democracy Watch has made more
than 40 presentations
before parliamentary committees (To see transcripts of many of the
presentations, click here) and
has had many more meetings with key
Canadian and international policy-makers.
14. Democracy Watch has also
published more
than 30 detailed reports and discussion papers, all setting out key
democratic
reforms for Canada.
15. Finally, in 1994, Project
Censored Canada
selected Democracy Watch's editorial on the impact of corporate crime
as
one of the top 10 most under-reported stories in Canada that year.
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