| Canada: Integrity Scorecard Report > Sub-Category: Legislative Accountability | ||
| Indicators | Score | |
| 29 | Can members of the legislature be held accountable for their actions? | 92 |
| 30 | Are there regulations governing conflicts of interest by members of the national legislature? | 32 |
| 31 | Can citizens access the asset disclosure records of members of the national legislature? | 25 |
| 32 | Can citizens access legislative processes and documents? | 100 |
Indicator and sub-Indicator Details
| 29 | Can members of the legislature be held accountable for their actions? | |||||||
| 29a: In law, the judiciary can review laws passed by the legislature. | ||||||||
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Comments: References: - The Constitution Act, 1987, section 91, subsection 92A(3), section 94A, and section 95 set out the jurisdiction of the federal Canadian Parliament, and the federal courts and/or provincial superior courts can review the laws passed by the federal Parliament if they exceed Parliament's constitutionally defined jurisdiction -- [ LINK ] - The Constitution Act, 1982, Part 1 The Canadian Charter of Rights and Freedoms, section 24 states that "Anyone whose rights or freedoms, as guaranteed by this Charter, have been infringed or denied may apply to a court of competent jurisdiction to obtain such remedy as the court considers appropriate and just in the circumstances." -- [ LINK ] - Canadian federal government's guide to the Charter -- [ LINK ] - Canadian Bar Association overview of Charter court application process -- [ LINK ] - Federal Courts Act ( R.S., 1985, c. F-7 ), subsection 2(1) definition of "federal board, commission or other tribunal" defines which federal government institutions can be reviewed by the court -- [ LINK ]
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| 29b: In practice, when necessary, the judiciary reviews laws passed by the legislature. | ||||||||
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Comments: - The score of 75 is given in part because a score of 100 is impossible to give as there is a split opinion in Canada concerning the agressiveness, fairness, and non-partisanship of the federal Canadian judiciary, and likely opinion will always be split as each ruling of the judiciary engenders support or opposition depending, of course, on the ruling. At the same time, all evidence points to the conclusion that the Canadian federal judiciary is responsive (given the resources made available to it, and scheduling difficulties that exist in all courts). References: - Bibilography of academic articles about the Supreme Court of Canada and the Charter -- [ LINK ] - Article "The Charter and the Supreme Court - A 25-Year Trial" -- [ LINK ] - Charter Committee on Poverty Issues litigation Web page -- [ LINK ]
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| 29c: In law, are members of the national legislature subject to criminal proceedings? | ||||||||
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Comments: References: - Criminal Code ( R.S., 1985, c. C-46 ) -- [ LINK ]
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| 30 | Are there regulations governing conflicts of interest by members of the national legislature? | |||||||
| 30a: In law, members of the national legislature are required to file an asset disclosure form. | ||||||||
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Comments: - The $10,000 threshhold for the disclosure of assets is too high, as it effectively allows members of the executive to hide gifts they receive that are worth less than $10,000 (although receiving some of these gifts (for example, from a lobbyist) is technically illegal under the Act). The gap in disclosure of assets worth less than $10,000 is especially serious because the Ethics Commissioner between March 2004 and April 2007 never audited even one of the statement of assets of any member of the House of Commons, and the Senate Ethics Officer has also never audited any statement of any senator. References: - Conflict of Interest Code for Members of the House of Commons(first in force in October 2004) -- most assets worth more than $10,000 (US$10,266) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than $10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ]
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| 30b: In law, there are restrictions for national legislators entering the private sector after leaving the government. | ||||||||
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Comments: References: - Conflict of Interest Code for Members of the House of Commons (2004) -- [ LINK ]
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| 30c: In law, there are regulations governing gifts and hospitality offered to members of the national legislature. | ||||||||
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Comments: - Neither the Ethics Commissioner (Bernard Shapiro) from March 2004 to April 2007 nor the Senate Ethics Officer from February 2005 ongoing (Jean T. Fournier) have issued any rulings that set out clear lines (based on the general rules in both codes) defining what kind of gifts, and from whom, are legal under the Codes. References: - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- [ LINK ]
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| 30d: In law, there are requirements for the independent auditing of the asset disclosure forms of members of the national legislature. | ||||||||
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Comments: - Neither code gives the Commissioner or the Officer the clear power to conduct audits of asset disclosures (or liability disclosures), but both have the general mandate of administering the codes, which (in law) implies that they have the power to conduct audits. - The gap in disclosure of assets worth less than $10,000 is very serious because the Ethics Commissioner between March 2004 and April 2007 never audited even one of the statement of assets of any member of the House of Commons, and the Senate Ethics Officer has also never audited any statement of any senator. References: - Conflict of Interest Code for Members of the House of Commons(first in force in October 2004) -- most assets (and liabilities) worth more than $10,000 must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public. [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets (and liabilities) worth more than $10,000 (US$10,266) must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential. [ LINK ]
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| 30e: In practice, the regulations restricting post-government private sector employment for national legislators are effective. | ||||||||
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Comments: References: - There are no cooling off periods for members of the legislature (House of Commons or Senate) nor for their staff. - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- [ LINK ]
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| 30f: In practice, the regulations governing gifts and hospitality offered to national legislators are effective. | ||||||||
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Comments: References: - The Ethics Commissioner from March 2004 to April 2007 never issued an interpretation bulletin or any other public ruling concerning gifts and hospitality, and there were several examples annually of members of Parliament (House of Commons and Senate) accepting gifts from interest groups and/or registered lobbyists during this three-year period/ See details in Democracy Watch's news release -- [ LINK ] - June 30, 2007 column by Barbara Yaffe in Vancouver Sun -- [ LINK ] - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- [ LINK ]
Peer Review Comments: However, Ethics Commissioner Bernard Shapiro did investigate allegations Calgary Conservative MP Deepak Obhrai accepted cash and gifts in exchange for helping immigrants secure legal status in Canada, before clearing him of any wrongdoing in March 2007.
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| 30g: In practice, national legislative branch asset disclosures are audited. | ||||||||
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Comments: - Hopefully, with a new Conflict of Interest and Ethics Commissioner appointed on July 9, 2007, auditing will now occur of the asset (and liability) disclosures of the members of the House of Commons. The Senate Ethics Officer, who is under the control of a committee of senators, is not expected to begin auditing the asset (and liability) disclosures of senators any time soon. References: - The Ethics Commissioner between March 2004 and April 2007 never audited even one of the statement of assets of any member of the House of Commons, and the Senate Ethics Officer has also never audited any statement of any senator - Conflict of Interest and Ethics Commissioner -- [ LINK ] - Senate Ethics Officer -- [ LINK ] - Conflict of Interest Code for Members of the House of Commons(first in force in October 2004) -- most assets (and liabilities) worth more than $10,000 (US$10,266) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public. [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets (and liabilities) worth more than $10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ] - Neither code gives the Commissioner or the Officer the clear power to conduct audits of asset disclosures (or liability disclosures), but both have the general mandate of administering the codes, which (in law) implies that they have the power to conduct audits. - The gap in disclosure of assets worth less than $10,000 is very serious because the Ethics Commissioner between March 2004 and April 2007 never audited even one of the statement of assets of any member of the House of Commons, and the Senate Ethics Officer has also never audited any statement of any senator.
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| 31 | Can citizens access the asset disclosure records of members of the national legislature? | |||||||
| 31a: In law, citizens can access the asset disclosure records of members of the national legislature. | ||||||||
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Comments: - A No answer is given because the assets (and liabilities) of both Members of the House of Commons and Senators worth less than $10,000 are not disclosed, the asset (and liability) disclosure of Members of the House of Commons is kept partially confidential, and the asset (and liability) disclosures of senators are kept fully confidential. References: - Conflict of Interest Code for Members of the House of Commons (first in force in October 2004) -- most assets worth more than $10,000 (US$10,266) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than $10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ]
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| 31b: In practice, citizens can access legislative asset disclosure records within a reasonable time period. | ||||||||
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Comments: - Members of the House of Commons and Senate are given four months (120 days) to disclose assets and liabilities to the Conflict of Interest and Ethics Commissioner, which is too long a period for them to be in position as a public office holder with no disclosure of their assets and liabilities. Also, Members of the House of Commons and the Senate can easily hide large gifts they receive from lobbyists or others trying to influence them because they only have to disclose assets worth $10,000 or more every four months to the Ethics Commissioner (or Senate Ethics Officer). Disclosure should be required for assets worth $1,000 (US$1,026) or more, with updates on changes required within 30 days. References: - Conflict of Interest Code for Members of the House of Commons(first in force in October 2004) -- most assets worth more than $10,000 (US$10,266) must be disclosed to the Conflict of Interest and Ethics Commissioner within 120 days of taking the oath of office, with a partial list of assets made public. [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than $10,000 must be disclosed to the Senate Ethics Officer within 120 days of being appointed a senator, who keeps the contents of the form confidential. [ LINK ]
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| 31c: In practice, citizens can access legislative asset disclosure records at a reasonable cost. | ||||||||
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Comments: - A score of 50 is given because there is no public disclosure of the asset and liability forms for senators. References: - Conflict of Interest Code for Members of the House of Commons(first in force in October 2004) -- most assets worth more than $10,000 (US$10,266) must be disclosed to the Conflict of Interest and Ethics Commissioner, with a partial list of assets made public. [ LINK ] - Public Registry for Members of the House of Commons -- [ LINK ] - Conflict of Interest Code for Senators (first in force in March 2005) -- most assets worth more than $10,000 must be disclosed to the Senate Ethics Officer, who keeps the contents of the form confidential -- [ LINK ]
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| 32 | Can citizens access legislative processes and documents? | |||||||
| 32a: In law, citizens can access records of legislative processes and documents. | ||||||||
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Comments: References: - Publication of Statutes Act ( R.S., 1985, c. S-21 ) -- [ LINK ]
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| 32b: In practice, citizens can access records of legislative processes and documents within a reasonable time period. | ||||||||
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Comments: References: - They are made public on the Parliament of Canada Web site within days of sessions taking place, bills being introduced, reports being tabled -- [ LINK ]
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| 32c: In practice, citizens can access records of legislative processes and documents at a reasonable cost. | ||||||||
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Comments: References: - They are made public on the Parliament of Canada Web site and can be obtained at no cost -- [ LINK ]
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