Corruption in Canada

The Corruption Perceptions Index ranks Canada in the top 10 least corrupt countries in the world.[1] However, in recent years, corruption is increasingly a problem in government, industry and non-governmental organizations. For instance, in 2013, the World Bank blacklisted SNC Lavalin and its subsidiaries from "bidding on its global projects under its fraud and corruption policy" due to the Padma Bridge scandal.[2] Canada ranks at the bottom of the bribery-fighting rankings, "with little or no enforcement of anti-bribery measures".[3] The 2014 Ernst & Young global fraud survey found that "twenty percent of Canadian executives believe bribery and corruption are widespread in this country".[4] According to a study by Graduate School of Public Policy (U of S), "a large proportion of Canadians see their politicians and their institutions as fundamentally corrupt".[5]

Corruption by region

Ontario

Corruption in Ontario is increasingly a major issue in government, civil service, business and non-profit sectors. In the last decade, the Ontario Liberal government has faced serious and high profile corruption cases including eHealth Scandal, Ontario power plant scandal, and Ornge scandal. These cases have implicated the leadership of the Ontario Liberal party, including former three time premier Dalton McGuinty of corruption. The successive Kathleen Wynne led liberal government is facing several corruption cases including for offering bribery during elections.[6] A prominent Liberal Party fundraiser Gerry Lougheed Jr. has been criminally charged by the Ontario Police.[7] Ms. Wynn has stood by Mr. Lougheed even after the police charges.[7]

Ontario's Liberal government has been accused of corruption for its dealings with teachers' unions (Ontario Secondary School Teachers' Federation, Ontario English Catholic Teachers' Association, Elementary Teachers' Federation of Ontario) . According to accusations Liberal government offers "rich contracts, special treatment, secret agreements and generous payoffs with public dollars" for the teachers' unions, and unions in return help the Liberal government get elected and stay in power.[8] A Globe and Mail investigation found that Ontario government has offered more than $3.7 million in secret payments to teachers' unions.[9]

The RCMP has alleged that Ontario Provincial Police Association leaders, including President James (Jim) Christie, Vice-president Martin Bain and Chief administrative officer Karl Walsh have committed fraud, money laundering and corruption. The charges include "unusual investment of union money in condos in the Bahamas", "formation of a company to provide exclusive travel services for both union business and personal travel by members", "formation of a consulting company" that billed union $5000 per month, and for "questionable vacation and travel expenses billed to the union".[10]

Québec

Among the Canadian provinces, Québec is perceived to have the most entrenched and widespread corruption problem.[11] The Charbonneau Commission established to investigate corruption in Québec has uncovered long running, widespread corruption cases including "price-fixing schemes among construction companies bidding on municipal governments", "illegal donations to the province’s major political parties from some of its biggest engineering firms" and links between "FTQ, the province’s biggest union federation, and alleged members of organized crime".[12]

In 2015, employees of EBR Information Technology firm, IBM and Revenu Québec were arrested for fraud, conspiracy and breach of trust in relation to computer equipment and services contracts to government.[13] There is a widespread "financial and management irregularities with the Québec government's computer networks."[14]

Aboriginal lands

Canadian aboriginal communities face severe corruption issues from election of officials to the councils' day-to-day management of the reserves.[15]

Corruption by sector

Health

Dr. Shiv Chopra, a former employee of Health Canada and a whistle-blower has criticized Health Canada officials for bypassing safety and efficacy regulations to please product manufacturers, for systematically colluding with "corporations in making extra-parliamentary decisions involving the imposition of new risks on society" and for "undermining their responsibilities to protect human health in the interests of capital making profits".[16] Dr. Michele Brill-Edwards issued similar warnings and concerns earlier.

Some doctors and clinics have been found to overbill and/or double bill the Canadian Health System.[17][18] Some Walk-In Clinics intake regular patients at a higher cost to the system without informing the patients about the costs or other options.[19] In Canada, Doctors do not disclose the costs of visits or procedures to the patients. That information can only be obtained through a freedom of information request. This lack of transparency contributes to this corruption.

Some dentists commit corruption by overcharging, changing the codes of the procedures, by waiving co-payment and by treating a different patient than the insurance holder.

In Alberta, a medical inquiry established the existence of queue-jumping and illegal fast tracking of private clinic referrals.[20] Alberta's former head of Health Services Stephen Duckett noted that "preferential access to care was a common practice when he took over and politicians had fixers who could get valued constituents faster treatment."[20]

Education

Some private high schools have been found to illegally and unethically aid students earn inflated grades, credits and credentials.[21][22] Thus, those with financial means are able to access top university programs and scholarships at the expense of merit students.[21][23] These schools are referred to as “credit mills” or “credit shops”.[23] Lax governmental oversight is a major cause of this corruption.[21]

Majority of students at Canadian universities are engaged in cheating.[24] Among the cheaters, a disproportionate number are international students.[25] "Students who cheat are unlikely to be caught and face few penalties when they are."[24][26]

Tax

Canada experiences a very high rate of Tax evasion.[27] High-net-worth individuals and companies use offshore tax havens to illegally avoid paying taxes. Canadians have $170 billion parked in the world's top ten tax-haven countries.[28] It is estimated that Canadian federal and provincial governments lose $8 billion per year due to tax havens alone.[28] Black market or under the table commercial activities also contribute to tax avoidance. The full cost of tax evasion is estimated to be $80 billion per year.[27] Tax evasion and corruption are facilitated by administrative corruption and inefficiency of the Canada Revenue Agency,[29] Canadian and foreign banks[30] and lawyers.

Due to Canada's lax regulations, Canada is among the top countries for anonymous shell companies.[31] Shell companies are often used for tax evasion, money laundering, terrorist financing and organized crime.

Highly reputed multi national accounting firm KPMG has been accused by the Canada Revenue Agency of offering Tax evasion schemes as products to its clients. "The CRA alleges that the KPMG tax structure was in reality a "sham" that intended to deceive the taxman.".[32] It offered a "no tax" scheme in return for 15% fee, and in one case before the courts it earned $300,000 in fees.[32]

Law Enforcement

RCMP's own study found 330 internal corruption cases from 1995 to 2005.[33] "Improperly giving out police information was the most common type of corrupt behaviour, followed by fraud, misuse of police officer status, theft and interference with the judicial process."[33] This is likely to be understatement of true numbers as RCMP has admitted to not tracking "hundreds of cases of serious misconduct committed by Mounties across the country for years".[34] In 2013, "almost 300 current and former female Mounties have come forward to join a class-action lawsuit alleging harassment within the ranks of the RCMP."[35] A 2014 report by an undergraduate sociology student at the University of Western Ontario explains the hierarchical structure and subculture of law enforcement in Canada as well as the nature of hero worship in Canadian society that makes it almost impossible to prevent and punish unlawful police misconduct in the country.[36]

CBSA which was formed out of the merger of the 3 legacy border protection agencies, in 2004, including, Immigration Canada, Canadian Food Inspection Agency, and Canada Customs and currently has no oversight body what so ever. It is widely believed there is a considerable amount of questionable activity has gone largely unnoticed, unreported or suppressed according to complaints from former and current Border Service Officers, (BSO's). Most of the few cases, have been in the media only briefly, and had little to no follow up. The CBSA, normally distances itself from liability by blaming "rogue employees", other departments and outside contractors. The complaint process is nearly impossible to navigate for both the public and employees. Many of those employees who have spoken out, have stated they were in fear of reprisals. Despite legislation known as ATIP, or Access to Information Policy, acquiring statistics, or reports is also a complex process, that can take months despite the standard 60 day law to comply and appeals to the Public Service Integrity Commission are often "Well Founded." Early retirements are a common remedy for offenses involving management.

As noted above, Ontario Provincial Police Association leadership has allegedly committed fraud, money laundering and corruption.[10]

In 2016, Toronto Police Service faced several high profile cases of corruption and disproportionate use of force. Constable James Forcillo was found guilty of attempt of murder in the death of 18-year-old Sammy Yatim.[37] Four police officers were arrested and charged with "nine counts of obstructing justice and eight counts of perjury".[38]

Non-profit sector

In Canada, donations to recognized charities receive tax refunds. This system has been abused extensively. "Typically, tax-shelter firms hook up with a little-known charity that becomes a sort of tax receipt mill, suddenly writing millions of dollars in bogus receipts and making grandiose claims of saving the world. Some $3.2 billion in receipts given in the last few years to 100,000 Canadians have either been disallowed or soon will be".[39]

Many charities have been found to be shell organizations for profit based schemes.[40] A Toronto Star investigation revealed that "self-reported information is so riddled with inaccuracies as to be absolutely useless to a donor" and federal government does not verify the claims by charities of their area of "good works".[40] Further more, "The Star found the primary regulator, the federal Charities Directorate, is virtually powerless to deal with problem charities."[40]

Several charities in Canada have been found to be front organizations for terrorist organizations or organized crime.

Insurance

Auto insurance fraud involving scammers, auto repair shops, paralegals and medical clinics is widespread in Ontario. It is estimated that the auto insurance fraud costs Ontario drivers $1.3 billion per year.[41] Other forms of insurance fraud are also relatively common, including that related to homes and property, and disability and workers' compensation which anecdotal evidence, at least, suggests is rife with abuse and fraud.

Investigation into insurance scams in Peel Region reveled that police officers colluded with the tow truck drivers and fraudsters in staging accidents. "Fraudulent accident reports" were provided by a veteran officer. Other officers were involved in tipping off the tow trucks of the accident locations.[42]

Drivers licensing

Canadian provinces mandate written and road tests (graduated licensing) to obtain license to drive automobiles. Truck drivers must undergo specialized training and obtain a commercial license. Some provinces such as Ontario has privatized drivers licensing, while others offer it as a public service. There exist corruption at various levels of drivers licensing.

A dangerous corruption is when non-qualified people obtain drivers licenses by bribing licensing officers.[43][44] Issuing of fake in-class driving lesson certificates is another scam related to obtaining licensing. In-class driver lesson certificates are used to get discount rates from insurance companies.

A Toronto Star investigation found that "truck-driver testing centre is letting learners earn their licences without being required to drive on a major expressway".[45] Further more, many driving schools offer in-vehicle "lessons even though they are not authorized by the province to do so".[45][46]

Another fraud associated with drivers licensing is issuance of fake drivers licenses. In many cases, drivers licensing officers have been bribed to issue fake licenses which are then used for various illegal purposes such as to obtain credit, make insurance claims etc.[44]

Real estate

Fraud and corruption is committed by all parties at all levels in the real estate sector. Buyers, sellers, realtors, developers, lawyers, mortgage brokers and banks have been implicated in various fraud and corruption cases.[47] Money laundering, lying about income and occupation, fake bids, value falsification, title fraud and falsely claiming as owner-occupied are some common real estate frauds in Canada.[48][49]

Money laundering is a high risk in the real estate sector of major Canadian cities. A large number of Chinese buyers are suspected of money laundering in Vancouver real estate market, with assistance from major Canadian banks.[50] According to a Globe and Mail investigation, "some Canadian banks allow wealthy Asian investors to skirt Chinese law by helping them bring in large amounts of money that is often used to buy real estate in Vancouver."[51] A report by Financial Transactions and Reports Analysis Centre of Canada indicates "dramatic under-reporting of large cash transactions and suspicious transactions" in the Vancouver real estate sector.[50]

In 2012, Equifax uncovered $400 million of mortgage fraud, which according to “industry experts estimate represents only a fraction of the cheating taking place in the country’s real estate market".[52]

Notable corruption cases

Anti-corruption mechanisms

Public Service Commission

Canada's public service is set up to work independently from the political party in power. The mandate of the Public Service Commission is "protecting public service appointments from political interference and ensuring a professional, non-partisan public service".[53] The Office of Public Service Values and Ethics is tasked with implementing values, ethics and policies intended to prevent corruption.[54]

The current Conservative Party government has been criticized for political interference in an array of administrative bodies including Statistics Canada, Elections Canada, Canadian Military Complaints Commission, Canadian Nuclear Safety Commission, Public Works and the Supreme Court.[55]

Auditor General, Ombudsman

Canada's federal and provincial governments have independent and strong Auditor General offices. The Auditor General reports to the parliament, not to the government. Annual and special audits are conducted to examine government's activities and hold it to account. Auditor General reports have brought to light major scandals, corruption, waste and inefficiencies leading to change in governments.

Ombudsman offices are tasked with investigating public complaints about government. Special ombudsmans or commissioners are tasked with investigating and reporting to parliament about key areas. Privacy Commissioner of Canada, Environment and Sustainable Development Commissioner and Information Commissioner of Canada are examples of such special offices.

Civilian oversight bodies

Civilian oversight bodies are used to hold account, to check power and provide input for government and industry bodies. They are specially used to hold account the police, RCMP, military and CSIS.

In 2012, Office of the Inspector General, which was a key oversight body for the Canada's spy agency CSIS was abolished by the Conservative government.[56] The government said the oversight functions were consolidated within the civilian Security Intelligence Review Committee.

Access to Information Act

Canada's Access to Information Act came into force in 1983. However, in recent years the legislation has been severely criticized to be outdated and in-effective. Centre for Law and Democracy ranks Canada 56th out of 95 countries in terms of the strength of the Access to Information legislation.[57] Both Federal and various Provincial and Territorial access to information systems are overburdened, in part, by the refusal of many governments and agencies to informally release various data either as a matter of routine course or upon informal request, instead demanding that written requests be made pursuant to relevant access to information legislation, subsequently triggering a cumbersome and time consuming formal process for frequently trivial and even obviously public information. As of 2015 there are thousands of individuals employed full-time throughout all levels of government and their agencies tasked with processing formal requests for access to information; this represents a cost to the Canadian taxpayer of hundreds of millions of dollars annually and does not include additional expenses including outside legal and other professional opinions, tribunal hearings, motions and appeals in courts, multiple access to information commissions and tribunals across the country, and various other expenses that likely bring the annual cost to the taxpayer into the billions of dollars.

An investigation by the Information Commissioner of Canada has found that the conservative government's staff have systematically interfered with the processing of access to information requests.[58]

Conflict of Interest laws

All levels of governments enforce conflict of interest laws for civil servants and politicians. The laws generally require disclosure of actual or perceived conflict of interests and to take appropriate measures, such as removing themselves from decisions.[59]

Conflict of interest laws have been used to highlight an array of improper dealings by politicians. For instance, in 2015 an Ethics Commissioner report found "Government Services Minister Diane Finley breached conflict-of-interest rules by giving preferential treatment and federal funding to a project" that received "one of its lowest ratings" by an assessment done by Department of Human Resources and Skills Development.[60] "The proposal was submitted for the Canadian Federation of Chabad Lubavitch by Ottawa Rabbi Chaim Mendelsohn, who had close ties to the Conservative party, the Prime Minister’s Office and then-foreign affairs minister John Baird."[60]

Federal Accountability Act

Federal Accountability Act is a major anti-corruption legislation passed in 2006 by the conservative government. It introduced several mechanisms to combat corruption including Commissioner of Lobbying, Parliamentary Budget Officer, Public Sector Integrity Commissioner, Ethics Commissioner, limits to election donations and enhancement of lobbying rules.

Public Servants Disclosure Protection Act

Public Servants Disclosure Protection Act is a whistleblower protection act. The act "provides a confidential process for employees in Canada’s federal public sector to come forward with any information about possible wrongdoing within the federal government and state corporations", except Canadian Security Intelligence Service (CSIS), Communications Security Establishment Canada (CSEC) and the Canadian Forces.

Corruption of Foreign Public Officials Act

Canada signed and agreed to implement the OECD Anti-Bribery Convention and the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. The Corruption of Foreign Public Officials Act (CFPOA) was enacted in 1999. The CFPOA applies to persons and companies, aiming to prevent and punish the acts of bribery of foreign public officials to obtain or retain a business advantage. Companies have to develop effective compliance programs with focus on specific areas relevant for the CFPOA.

The aim of the law is to monitor, punish and prevent bribery and other criminal acts being committed by Canadians and Canadian companies in foreign countries. In 2014, Ottawa consultant Nazir Karigar was the first person to be convicted under this law. He was convicted for the Air India bribery scheme.

A 2013 progress report indicates that Canada has failed to implement many of the recommendations and earns an overall score of "Moderate". OECD criticized Canada for lack of prosecutions and lack of resource allocation to address corruption.

Opendata, open government, and transparency initiatives

Canadian governments at all levels and citizen organizations have undertaken various Open data, Open government and transparency initiatives. The Open Government Strategy was launched by the federal government in March 2011. Various datasets have been released under municipal open data initiatives such as Toronto Open Data. Sharing of MP/MPP/Councilor expenses online, sunshine lists, posting detail program budgets and expenditures online and crime statistics are some examples of open data being released online. Open data has increased public scrutiny of abuses, helping monitor, prosecute and prevent corruption.

International conventions and transparency initiatives

Canada has ratified United Nations Convention against Corruption and the OECD Anti-Bribery Convention.

The government of Canada is part of the multilateral Open Government Partnership initiative. Canada joined the International Aid Transparency Initiative (IATI) in 2011. Canada was a supporting country to the Extractive Industries Transparency Initiative, and it intends to implement the EITI.

First Nations Financial Transparency Act

First Nations Financial Transparency Act requires First Nation bands to publicly disclose their financial statements, including salary information of their councillors. Disclosure of this information has highlighted relatively high salaries of many chiefs, in comparison to extreme poor living conditions of their members. For instance, Shuswap band has 87 on reserve members. Its Chief Paul Sam earned $202,413 tax free salary while many band members endured winters without water or electricity.[61] First Nations Financial Transparency Act has promoted higher vigilance regarding band leadership's activities and financial management by members and fellow councilors.

Integrity Regime

Government of Canada's Integrity Regime prohibits the federal government from doing business with any company if "they, or members of their board of directors have been convicted or absolutely/conditionally discharged in the last three years" of various corruption and malpractice related offenses including income and excise tax evasion, secret commissions and bribing a foreign public official.[62]

Gallery

See also

References

Wikimedia Commons has media related to Corruption in Canada.
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A world map of the 2014 Corruption Perceptions Index by Transparency International
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