Cleaning
up and making governments and corporations
more accountable to you, and making Canada the world's
leading democracy
(See below for details)
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 110 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 stronger 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 stronger 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 30-40
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 also 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 People's House
of Commons: Theories of Democracy in Contention
(David E. Smith: 2007);
- 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);
- Losing Confidence
(Elizabeth May: 2009)
- Parliamentary
Democracy in Crisis (eds. Peter H. Russell
and Lorne Sossin: 2009);
- Harperland: The
Politics of Control (Lawrence Martin: 2010),
and;
- in the following report: 2010 Global
Integrity Report (Democracy Watch Coordinator
Duff Conacher prepared the Integrity Indicators
Scorecard for Canada)
- Democratizing the
Constitution (Peter Aucoin et al, 2011).
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 and September 2010, the implementation of
a few
regulations requiring more full and
plain-language disclosure of the cost of borrowing on
a credit card -- For more information, click
here;
- 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 September 2010, the federal government changed
some regulations
in the Lobbying Act
to require lobbyists to disclose their communications
with MPs, senators and senior staff in the Office of
the Leader of the Opposition in the House of Commons
and Senate, and to prohibit MPs and these other public
office holders from becoming a registered lobbyist for
5 years after they leave office -- To see details, click here;
- 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:
- in February 2010, the passage of changes to the Alberta Local
Authorities Elections Act (in part spurred by
media coverage of Democracy Watch's proposals) that
limit donations to city council and mayor campaigns to
$5,000, and require disclosure of all donations of
more than $100;
- 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 May 25, 2010, the Federal Court of Appeal ruled in
Democracy Watch's court case clarifying for the first
time ever in the world that, in a parliamentary system
of government, laws must be specifically and strongly
worded in order to have the legal effect of
restricting the Prime Minister's executive powers (in
this case,
the law was aimed at restricting the Prime Minister's
power to advise the Governor General to dissolve
Parliament and call an election);
- 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 Fall 2010, 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 100 presentations
before parliamentary committees (To see transcripts of
some 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 40 detailed reports and
discussion papers, all setting out key democratic, good
government and corporate responsibility 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.
|