News
Release
Occupy Canada protesters
should support 15 key bank and corporate
responsibility changes endorsed by 140 citizen groups
across Canada for the past decade
Wednesday, October
12, 2011
OTTAWA - Today, Democracy Watch
suggested that the people planning to begin demonstrating
on Bay St. in Toronto and in cities across Canada this
weekend on bank and corporate responsibility issues should
support the 15 key measures endorsed for the past decade
by 140 citizen groups across Canada that are members of
the Canadian Community Reinvestment Coalition and/or the
Corporate Responsibility Coalition (both of which were
organized, and are coordinated, by Democracy Watch, the
largest and leading coalitions on these issues in Canada).
"Canada's
bank accountability and corporate responsibility laws
and enforcement systems are full of loopholes and are
weakly enforced and so allow for irresponsible actions
by the biggest businesses across the country,”
said Duff Conacher, Founding Director of Democracy Watch. "Anyone interested in
actually increasing bank accountability and corporate
responsibility should support the 15 key changes that
140 citizen groups across Canada have endorsed, and been
pushing for more than a decade, to increase
whistleblower protection and penalties for irresponsible
actions, and to require all big businesses to facilitate
the creation of citizen watchdog groups, to take into
account stakeholder interests, and to disclose details
about all their activities and submit to regular
independent audits and inspections."
From all reports, people are calling on
everyone to attend various peaceful demonstrations in
cities across Canada to address the general issues of bank
accountability and corporate responsibility. However, as
many commentators have pointed out, without specific
proposals for change the demonstrators will not be
effectively pressing politicians and corporate executives
to do anything that will actually address their concerns.
The nation-wide coalitions Democracy
Watch coordinates have done in-depth research into the
most systemic problems with lack of bank accountability
and corporate responsibility in Canada, and developed the
15 key measures as the most effective ways to solve those
problems. The coalitions have also won about half of
all the measures they have pushed for in the past 15
years.
The 15 key bank
accountability and corporate responsibility measures are
as follows: :
Key Corporate Responsibility Measures
- Require corporations (including banks and other
financial institutions) to send a pamphlet to individual
shareholders and customers inviting them to join
watchdog groups for each corporate sector (some U.S.
states have required utilities to do this -- See details
on Democracy Watch's Citizen
Association Campaign webpage);
- Require corporate directors to consider stakeholder
interests (represented by workers, customers,
communities, social justice and environmental groups) in
making decisions, and to account publicly for the extent
to which they do (including reducing waste to the best
world standard, and paying all the costs of recycling
and cleaning up any waste or pollution that results from
what the corporation produces, all to the best world
standards);
- Require corporations to disclose their records of
compliance with environmental, criminal, competition,
human rights, labour, health and safety laws, and set up
an on-line, searchable database so that the public has
easy access to the information;
- Establish an effective system (including a fully
independent, fully empowered watchdog agency) to
protect, from any form of retaliation, "whistleblower"
employees who disclose corporate wrongdoing to the
public or to the government;
- Prohibit corporations that violate laws from receiving
grants or contracts from any government for a specific
period of time (e.g. 5-10 years), and;
- Allow stakeholders to apply in court for the
dissolution of a corporation that repeatedly violates
laws.
Key Bank Accountability Measures
- Facilitate the creation of a Financial Consumer
Organization (FCO)
to help consumers, as the Task Force on the Future of
the Canadian Financial Services Sector recommended in
its September 1998 Report and as supported by 64% of
Canadians. This organization could be set up very
easily and at a low cost if the federal government
required banks and other financial institutions to
enclose an FCO flyer in their mailings to customers,
inviting people to join the watchdog group. No
bank takeover or merger should be allowed until the FCO
is set up using this method (See details about this
proposal on Democracy Watch's Citizen
Association Campaign webpage);
- Require banks to provide detailed information on
loans, investments and services to customers, as
required in the U.S. We need to track whether
banks are meeting the needs of individuals and
businesses on a community-by-community level and, as in
the U.S., require corrective action if banks are not
meeting customer needs (including not allowing banks to
merge or to takeover other financial institutions (such
as TD Bank's takeover of Canada Trust) if they do not
serve all customers well);
- Prohibit any service charge or credit card interest
rate increases until the banks prove (through an
independent audit conducted by the Auditor General of
Canada) that they aren't gouging us with excessive
service and credit card charges, and lower fees and
interest rates if audit reveals gouging;
- Require banks to disclose the profit/loss record for
any branch proposed to be closed, to allow for a full
review of the reasons for the closure;
- Empower either the federal Competition Bureau, or the
federal Financial Consumer Agency of Canada to conduct
an audit of how much money Canada's banks have made from
gouging customers with excessive service and credit card
charges, and closing branches and firing tellers, since
1992;
- Empower either the federal Competition Bureau, or the
federal Financial Consumer Agency of Canada, to conduct
a nation-wide examination of the actual level of choice
for consumers (ie. level of competition) in financial
services in each community across Canada, and issue a
public report;
- Require the Financial Consumer Agency of Canada
Commissioner to conduct "mystery shopper" audits of
financial institution compliance with laws at least
every 3 years, and to disclose the name of the financial
institution and the terms of any settlement whenever the
Commissioner finds that an institution has violated the
law (currently, the Commissioner can only disclose the
name of the institution if the Commissioner prosecutes
the institution), and change the complaint process to
require all financial institution to be covered by the
Ombudsman for Banking and Investments (OBSI) and allow
consumers to complain to the OBSI directly at any time
without having to go first to their bank's ombudsman;
- Give customers access to the money they deposit by
cheque as soon as the cheque clears (Bill C-37 (which
became federal law in April 2007) only reduces the
cheque hold period from the usual 10 days to 4-7 days,
even though 98 percent of cheques clear in one day),
and;
- Increase the maximum penalty for violating the Bank
Act to $50 million (currently, the maximum penalty
is $200,000, an essentially meaningless penalty for
Canada's big banks which each make $15 billion in
revenue each year).
Democracy Watch and its coalitions will continue pushing for
these measures until federal and provincial politicians
finally act in the public interest and make the changes.
- 30 -
To see news release about other key financial
institution accountability measures, click here
To see the CCRC's analysis of the flaws in Bill
C-37, which changed the Bank Act and other
federal financial institution laws in April 2007, click here
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