Incoming sponsored travel rules for lobbyists will limit ‘educational opportunity’ for MPs and Senators, say CIJA and Results Canada

Give me a break, this is lobbying pure and simple, designed to influence, not educate:

Two groups that provide travel programs to parliamentarians are concerned that forthcoming changes to the Lobbyists’ Code of Conduct that will include sponsored travel in rules about gifts will limit their ability to provide MPs and Senators with first-hand experiences in foreign policy and international development issues.

“We don’t use these missions as a gift, but rather as an opportunity for parliamentarians to understand a very complicated region in the world,” said Shimon Koffler Fogel, president and CEO of the Centre for Israel and Jewish Affairs (CIJA). “We explicitly indicate in the invitation that there are no strings attached, there are no expectations of the participants other than that they attend all parts of the program, because it’s essential for them to get that whole view. In and of itself, it’s not a lobbying exercise, it’s an educational opportunity.”

“There’s nothing that beats the real impact of seeing [work] on the ground, of talking to a patient whose life has been changed, or talking to a mom who in years previously had no kids that were vaccinated, but now, five out of her six are vaccinated, and the sixth one is in the queue,” said Chris Dendys, executive director of Results Canada. “So, it’s about the tangibility of literally getting your shoes dirty, having real conversations with frontline community health workers, visiting hospitals and clinics that are far from urban centres and seeing the great work that is being done.” 

The updated Lobbyists’ Code of Conduct will come into force on July 1. It states that lobbyists should “never provide any gift—directly or indirectly—to an official that you lobby or expect to lobby, other than a low‑value gift that is a token of appreciation or promotional item.” The accompanying definitions include “travel, including sponsored travel, an excursion, transportation” under its description of gifts.” The “low-value” criteria is set at a maximum of $40 per gift and an annual maximum of $200.

The code permits the commissioner to grant exemptions to the rule by considering several factors, including whether the gift is related to the exercise of a power, duty or function of the official. If an exemption is granted, the commissioner can impose conditions on the lobbyist, such as a cooling-off period during which they cannot lobby the official.

Lobbying Commissioner Nancy Bélanger told The Hill Times in an interview on May 29 that the code was worded so that lobbyists can still offer sponsored travel to individual parliamentarians, provided they do not intend to lobby them. 

“If they want to lobby them, despite the fact that they’ve given them sponsored travel, they’re going to have to ask for an exemption,” she said. “Depending on the circumstances, we would possibly say, ‘The gift can be given; however, you will have a cooling-off period where you cannot lobby until the sense of obligation is reduced.’ … [that is] how it’s going to have to work.”

Fogel said CIJA does not consider its programs to be a gift to public office holders (POHs). The centre, which has been continuously registered to lobby since Feb. 17, 2005, describes its sponsored travel programs on its website as “fact-finding missions to Israel for Canadian influencers and decision-makers.”

“I think where the difference of opinion is and where we think [the commissioner’s] understanding is not complete is that these programs that we undertake are not a gift. There’s no quid pro quo, there’s no expectation that they’re going to come back and adopt CIJA’s position on any of 100 different issues,” Fogel said. “What we believe is that our constituents consider these issues important enough that they want their public office holders to have a good understanding of the situation rather than the kind of superficial one that one gets by just reading headlines and looking at social media posts.”

CIJA’s submission to the first draft of the updated code of conduct, released in December 2021, asked that sponsored travel remain available to POHs. 

“Our missions to Israel (and the Palestinian Authority) are rigorous and, in short, designed to ensure that the POH experiences the highest possible quality and range of insights and background knowledge of the region,” the submission said.

Results Canada also mentioned sponsored travel in a joint submission to the House Ethics Committee’s (ETHI) study of the lobbyists’ code with World Vision Canada and the Canadian Foodgrains Bank in March 2023. The three international development organizations asked the committee to recommend that sponsored travel be specifically exempted from the application of the gifts rule, and for hospitality costs incurred while hosting parliamentarians on sponsored travel to be similarly exempted.

“We provide opportunities for experiential learning and evidence gathering, allowing parliamentarians to learn first-hand the enormous impact of Canadian organizations and the Government of Canada in international development,” the submission said. “This unique experience cannot be replicated by reading reports.”

Results Canada’s Dendys told The Hill Times that the organization has hosted parliamentary delegations overseas approximately once a year since 2007, with a break during the height of the COVID-19 pandemic. The non-profit advocates for policies and monetary investments to improve health, education, and economic outcomes across the world to eliminate extreme poverty. 

Dendys said the delegations’ value lies in giving parliamentarians a first-hand view of where Canadian international development investments were making a difference.

The most recent delegation was in January, when Liberal MPs Valerie Bradford (Kitchener South–Hespeler, Ont.) and Iqwinder Gaheer (Mississauga–Malton, Ont.), and Conservative MPs Scott Aitchison (Parry Sound–Muskoka, Ont.) and Eric Melillo (Kenora, Ont.) travelled to Kenya.

Results Canada has been continuously registered to lobby federally since Sept. 26, 2011; World Vision Canada since March 22, 2005; and Canadian Foodgrains Bank since Feb. 24, 2005. 

Dendys described the decision to include sponsored travel as a gift in the lobbyists’ code as disappointing. She said her organization was still considering the effect it will have on its work.

“As of right now, our days of providing parliamentarians with on-site experiences will draw to a conclusion unless there’s another review or there’s some amendments,” she said. “It was always just one facet of our overall approach to educating, inspiring and hopefully engaging parliamentarians to become champions. It’s just unfortunate that this very unique and special educational opportunity that organizations like Results and others were providing is seemingly no longer part of the tools in the toolkit.”

Liberal MP John McKay (Scarborough–Guildwood, Ont.) told the House during members’ statements on May 8 that he joined Results Canada on a delegation to Kenya in 2007, “which was far from being a junket; rather, it was a slum tour. Nairobi has some of the biggest slums in the world. What I remember most is the smell of open sewers and the chronic overcrowding.”

Dendys said alternatives to sponsoring parliamentarians’ travel could include closer collaboration with parliamentary associations that have planned delegations to other countries. “It’s also looking at when parliamentarians are travelling anyway, to see if we can inform that travel,” she said.

One solution could be a return to “virtual delegations” held at the height of the pandemic, she said. In February 2022, eight MPs and two Senators took part in such an event with their counterparts in Kenya, alongside health care workers, experts, and advocates in both countries.

CIJA’s Fogel said his organization take its regulatory obligations seriously, and have started consultations with its legal counsel to ensure that the centre fully understands the nuances of the updates before taking the next steps.

“I’m hopeful that we’ll be able to, down the road, see some reconsideration, because everybody has said that they’re valuable experiences. What no-one will say, however, is that they’re a vacation,” he said.

ETHI’s letter to the commissioner supported the call to exempt sponsored travel from the gift rule. 

But Bélanger said in her reply to the committee that she was not persuaded “that automatically exempting sponsored travel from the gift rule would be consistent with the fundamental objectives and expectations set out in the code, including that lobbyists avoid placing officials in conflict of interest situations and that they do not lobby officials who could reasonably be seen to have a sense of obligation towards them.”

She said the rule does not “prevent parliamentarians from accepting sponsored travel. Rather, this rule has been carefully crafted to preclude lobbyists from providing gifts (other than low value tokens of appreciation and promotional items) to officials they lobby or expect to lobby. In practice, this means that lobbyists will not be allowed to lobby officials to whom they have provided sponsored travel.”

The Hill Times reached out to ETHI members to ask about their response to the commissioner’s letter, including Conservative ethics critic Michael Barrett (Leeds–Grenville–Thousand Islands and Rideau Lakes, Ont.), Liberal MP and ETHI vice-chair Iqra Khalid (Mississauga—Erin Mills, Ont.), Bloc Québécois ethics critic and ETHI vice-chair René Villemure (Trois-Rivières, Que.), and NDP ethics critic Matthew Green (Hamilton Centre, Ont.). Responses were not received by deadline.

Section 15 of the MP Conflict of Interest Code permits MPs to accept sponsored travel “that arises from his or her duties.” Members must disclose any travel that exceeds $200 and is not paid in full by the MP, their party or a recognized parliamentary association, or from the consolidated revenue fund, to the Conflict of Interest and Ethics Commissioner within 60 days.

During the Procedure and House Affairs Committee’s most recent review of the code in 2022, members found that the current rule “provides sufficient transparency and accountability, and is in-line with current best practices for the prevention of real or perceived conflicts of interest.” The House agreed to the committee’s report on March 30, 2023.

The Ethics and Confict of Interest Code for Senators has a similar rule in place, with a higher threshold of travel costs exceeding $500. The Senate Ethics Officer published a guideline related to sponsored travel in July 2021, which includes a list of questions for senators to consider before accepting sponsored travel. The questions include: “Is the payor or the sponsor a registered lobbyist? If yes, what is the purpose for which they are lobbying?” and “Would the senator, the sponsor or the payor violate legislation, such as the Criminal Code or the Lobbying Act?”

Source: Incoming sponsored travel rules for lobbyists will limit ‘educational opportunity’ for MPs and Senators, say CIJA and Results Canada

Calls to combat Islamophobia prominent in record-setting June for federal advocacy

Of note. Reflects the anniversary of the London killings:

Representatives of Canada’s Muslim population were on Parliament Hill in June calling on Ottawa to do more to combat Islamophobia during an advocacy event held on the anniversary of the fatal attack against an Ontario Muslim family.

“That attack forever changed the way that Muslims view their relationships with Canada and the country as a whole, and so we noticed a need for more,” said Fatema Abdalla, the communications coordinator with the National Council of Canadian Muslims (NCCM). “We placed our call for more to be done against systemic Islamophobia, and we’ve been calling for that for many years, but there’s so much more that needs to be done.”

The NCCM led the way in federal lobbying in June, filing 64 communication reports for the month. This was more than twice the number of communication reports contributed by other leading advocacy groups during the month, which included the Grain Farmers of Ontario (GFO), which filed 29 reports, and the Canadian Association of Petroleum Producers (CAPP), which filed 26.

All but three of the NCCM’s communication reports for last month were for activity on June 6, when the organization’s representatives were on the Hill for a federal advocacy day.

Communities across Ontario held marches and vigils on June 6 to commemorate the lives of a Muslim family killed on the same date last year in London, Ont., On June 6, 2021, Yumna Afzaal, 15, her mother Madiha Salman, 44, father Salman Afzaal, 46, and her grandmother, Talat Afzaal, 74, were killed when a vehicle jumped a curb while they were out for a Sunday walk. Police believe the driver targeted the family because of their Muslim faith.

The youngest son, who family members have asked not to be named, was injured but survived.

Abdalla told The Hill Times that this wasn’t the only attack of its kind in Canada, and referred to the terrorist attack on Jan. 29, 2017, where 27-year-old Alexandre Bissonnette shot and killed six worshipers at a mosque in Québec City.

To help protect Canada’s Muslim population, the NCCM’s representatives are pushing for the Liberal government to develop a national action plan to combat Islamophobia. The plan should include a national support fund intended to help survivors of hate-motivated crimes, and funding to improve security at mosques, according to Abdalla. NCCM members would also like the federal government to create a provision in the criminal code that mandates a special process to deal with hate crimes, including stiffer penalties for violent offenders and a rehabilitation path for specific and relevant offenders.

NCCM representatives met with Prime Minister Justin Trudeau (Papineau, Que.), Deputy Prime Minister Chrystia Freeland (University-Rosedale, Ont.), and nine other federal ministers during the advocacy event on the Hill. The NCCM is represented on the federal lobbyists’ registry by CEO Mustafa Farooq and assistant advocacy officer Amar Abdisamed.

During the advocacy day, Minister of Diversity and Inclusion Ahmed Hussen (York South-Weston, Ont.) announced that Ottawa has begun the hiring process to find a Special Representative on Combating Islamophobia. This announcement fulfilled a Liberal government commitment made in January, according to an NCCM press release from June 27.

Islamophobia is a daily reality for far too many Muslim communities in Canada and around the world, according to Daniele Medlej, the director of communications in Hussen’s office, in an emailed statement to The Hill Times on July 20.

“From the Quebec Mosque shooting to the London attack just last year, we are reminded of the devastating consequences Islamophobia can have,” said Medlej in the email.

Medlej did not provide details on when the federal government is hoping to have filled the role of Special Representative.

In the email, Medlej said the Special Representative will serve as “a champion, advisor, expert and representative” to the Liberal government, and will collaborate with domestic partners, institutions and stakeholders to support Canada’s efforts to combat Islamophobia, anti-Muslim hate, systemic racism, racial discrimination and religious intolerance.

The Liberal government is committed to getting the appointment of the Special Representative right, and will share more details as they become available, she added.

“[The Special Representative] will impact Canada’s fight against Islamophobia by enhancing our efforts, addressing barriers faced by the community, and promoting awareness of the diverse and intersectional identities of Muslims in Canada,” said Medlej in the emailed statement. “Our government stands with, and continues to support, Muslim communities across Canada. We unequivocally condemn Islamophobia, hate and discrimination of any kind.”

Also on June 6, the NCCM welcomed an announcement by Liberal MP Salma Zahid (Scarborough Centre, Ont.), who said she plans to begin public consultations on a private member’s bill that would aim to hold intelligence and justice officials accountable for breaches of the “duty of candour” they have towards the Federal Court. The duty of candour refers to the responsibility that the Canadian Security Intelligence Service (CSIS) officials and Department of Justice lawyers have to present a judge with all the relevant facts, including information that may sway the judge against their request.

Zahid’s announcement followed complaints she has received from her constituents and from racialized Canadians in general about being unfairly targeted by CSIS, as previously reported in The Hill Times.

The NCCM argued in the June 27 press release that violations of the duty of candour by intelligence officials has caused serious and long-term harm to marginalized communities.

June was a record-breaking month for federal lobbying, with 2,587 communication reports in total posted for that month, according to a search of the federal lobbyists’ registry on July 21. June had the highest total of communication reports for that month since at least 2009, which is the earliest that online records are available for June. The previous record for June was 2,468 communication reports filed in June 2021.

Source: Calls to combat Islamophobia prominent in record-setting June for federal advocacy

Influential Chinese-Canadians paying to attend private fundraisers with Trudeau [investor immigrant angle]

Sigh … One of the better initiatives of the Conservative government was shutting down the business immigrant program after evaluations showed just how flawed it was and just how few benefits it provided Canadians.

And of course the broader ethical issue of such fundraising – paying for access – remains:

Mr. Chan was at the most recent Trudeau fundraiser, which was held on Nov. 7 at the West Vancouver mansion of B.C. developer Miaofei Pan, a multimillionaire from Wenzhou province who immigrated to Canada a decade ago. More than 80 guests got their pictures taken with Mr. Trudeau at the $1,500 per ticket event, including Mr. Chan.

Mr. Pan told The Globe and Mail he lobbied the Prime Minister to make it easier for well-heeled investors from China to come to Canada. He said he told Mr. Trudeau the program put in place by the former Conservative government was “too harsh.”

In exchange for permanent residency, rich immigrants must invest $2-million and are subject to strict audits.

“If they don’t do business over two years here, they cannot stay or they have to leave the country. So I wanted the Prime Minister to know that is not a very merciful policy towards these people because they want to invest or stay,” Mr. Pan said. “It’s all about investment that Canada needs. I have friends, and [they are] wealthy people, who want to stay and invest.”

A Chinese government agency in Mr. Pan’s hometown that builds ties with and keeps tabs on expatriate Chinese, supplied photos of the Trudeau-Pan event to media in China. The Foreign and Overseas Chinese Affairs Office of the Wenzhou People’s Government promotes China’s interests abroad, according to former Canadian diplomat and China expert Charles Burton.

“That is an agency of the Chinese Communist Party,” Mr. Burton told The Globe and Mail. “The fact that the photos appeared in the [Wenzhou Metropolis Daily] in China suggests that the people who participated in that activity must have been tasked by the Chinese state to try and promote the Chinese position with influential people in Canada. In this case, our Prime Minister.”

Mr. Pan is honorary chair of a Chinese-Canadian organization that is an unabashed backer of Beijing’s territorial claims in the South China Sea and East China Sea.

In 2012, he was part of a campaign by overseas Chinese groups to rally public support for the Chinese government’s position in a dispute with Japan over islands in the East China Sea that are close to key shipping lanes, bountiful fishing grounds and possible petroleum reserves.

That year, Mr. Pan was quoted in the Macau Daily newspaper saying his organization, the Canadian Alliance of Chinese Associations, had “declared its stand in newspapers” and that “overseas Chinese were responsible for defending China’s territorial integrity.”

In 2015, the Canadian Alliance of Chinese Associations held a symposium at which speakers backed Beijing’s assertion of title to islands, reefs and banks in the South China Sea, and issued a statement saying it “strongly supports the Chinese government’s defence of sovereignty over the South China Sea.”

The Prime Minister’s Office and the Liberal Party kept the Nov. 7 fundraiser confidential. Neither the PMO nor the party website noted the event. At the time, Mr. Trudeau was in Vancouver to announce a new marine strategy.

“The party has … been clear that not every event is on the party’s national website, while it’s important to note that the Liberal Party of Canada is still the only major federal political party that maintains an active online events listing in any form at all,” party spokesman Braeden Caley said in an e-mail. “All fundraising by the Liberal Party of Canada fully complies with all Elections Canada rules and regulations for political fundraising.”

The Liberal Party would not provide The Globe and Mail with a list of attendees. Mr. Pan said all the guests were his friends, and all are Canadian citizens.

Source: Influential Chinese-Canadians paying to attend private fundraisers with Trudeau – The Globe and Mail