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March 13, 2020
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News Release - March 13, 2020 - Canada’s Lobbying Commissioner clears CCI Officials after thorough investigation
FOR IMMEDIATE RELEASE
Canada’s Lobbying Commissioner clears CCI Officials after thorough investigation
Toronto, ON, March 13, 2020 – In reports (1)(2) tabled in the House of Commons yesterday, Ms. Nancy Belanger, Canada’s Lobbying Commissioner, found that Mr. Benjamin Bergen and Ms. Dana O’Born, executives with the Council of Canadian Innovators (CCI), acted in complete propriety and compliance with the rules and regulations related to lobbying activities in Canada, and rejected allegations of conflicts of interest lodged against Mr. Bergen and Ms. O’Born in July 2017.
In her reports, Ms. Belanger determined that Mr. Bergen and Ms. O’Born did not contravene Rule 6 (Conflict of Interest) or Rule 9 (Political Activities) of the Lobbyists’ Code of Conduct when engaging with the office of MP David Lametti in 2016, who at the time was Parliamentary Secretary to International Trade Minister Chrystia Freeland. Having both worked for Ms. Freeland in political roles prior to working at CCI, Mr. Bergen and Ms. O’Born were found to have been in total adherence with the five-year lobbying restriction imposed upon them as senior campaign officials, and to have not placed Minister Freeland in any real or apparent conflicts of interest when corresponding with MP Lametti and his staff.
Excerpts from Ms. Belanger’s report regarding Mr. Bergen: “I found that neither Mr. Lametti, in his former capacity as Parliamentary Secretary, nor the member of his constituency staff qualify as “staff” in Ms. Freeland’s office for the purposes of Rule 9. I therefore found that Mr. Bergen did not contravene Rule 9 in relation to the one communication in which he participated.” “With respect to Rule 6, I found no basis to conclude that Mr. Bergen placed Ms. Freeland in a real conflict of interest. There is no indication, based on the information collected in this investigation, that Ms. Freeland made any decisions or exercised any official powers, duties or functions in her capacity as Minister of International Trade in respect of any programs, policies or services within her ministerial portfolio that related to the subject matter of CCI’s lobbying activities. There is also no indication that Ms. Freeland had any knowledge about any of CCI’s lobbying activities.” “I also found no basis to conclude that Mr. Bergen placed Ms. Freeland in an apparent conflict of interest. In my view, a reasonable observer, informed of the relevant factual circumstances, could not reasonably conclude that Mr. Bergen’s actions – in co-signing a letter seeking to set up regular meetings with Mr. Lametti that never materialized and in attending a meeting that was reported in the Registry of Lobbyists – must have affected Ms. Freeland’s ability to exercise her official powers, duties and functions.” | Excerpts from Ms. Belanger’s report regarding Ms. O’Born: “I found that Mr. Lametti and Ms. Nycum do not qualify as “staff” in Ms. Freeland’s office for the purposes of Rule 9. I also found that Ms. Buttle was identified to Ms. O’Born as Special Assistant to Mr. Lametti in his capacity as Parliamentary Secretary. I therefore found that Ms. O’Born did not contravene Rule 9 in relation to these communications in which she participated.” “With respect to Rule 6, I found no basis to conclude that Ms. O’Born placed Ms. Freeland in a real conflict of interest. There is no indication, based on the information collected in this investigation, that Ms. Freeland made any decisions or exercised any official powers, duties or functions in her capacity as Minister of International Trade in respect of any programs, policies or services within her ministerial portfolio that related to the subject matter of CCI’s Lobbying Activities. There is also no indication that Ms. Freeland had any knowledge about any of CCI’s Lobbying Activities. I also found no basis to conclude that Ms. O’Born placed Ms. Freeland in an apparent conflict of interest. In my view, a reasonable observer, informed of the relevant factual circumstances, could not reasonably conclude that Ms. O’Born’s actions – in having two logistical conversations with Mr. Lametti’s political staff and in attending CCI’s lobby day meeting, all of which were reported in the Registry of Lobbyists – must have affected Ms. Freeland’s ability to exercise her official powers, duties and functions.” |
Mr. Bergen and Ms. O’Born thank the Lobbying Commissioner for her thorough investigation and for ruling that there is no evidence that anyone from CCI ever attempted to lobby Minister Freeland and that the interactions between MP Lametti and his staff did not constitute as having done so.
Ms. Belanger has also informed Mr. Bergen that she found no foundation to proceed with a separate investigation into allegations that Mr. Bergen had contravened Rules 5 (Use of Information) or Rule 6 (Conflict of Interest) of the Code in 2017, when CCI had promoted a meeting that had been scheduled with the Chief of Staff of then Environment Minister Catherine McKenna.
"Moreover, the information collected to date undercuts the basis for investigating whether a reasonable observer, apprised of the relevant factual circumstances, could reasonably conclude, based on your actions in advertising regular monthly meetings with Mr. [Marlo] Raynolds [Chief of Staff to Catherine McKenna] in CCI promotional materials, that Mr. Raynolds could be seen to have extended preferential treatment to CCI member companies as compared to other organizations.” – Ms. Belanger to Mr. Bergen on December 20, 2019
A related inquiry by federal Conflict of Interest and Ethics Commissioner Mary Dawson ended in September 2017 after the Commissioner determined that an examination into the conduct of Minister McKenna’s chief of staff and CCI was not warranted.
In response to the reports tabled today, Mr. Bergen and Ms. O’Born have issued the following statements:
“CCI always has and always will abide by all federal and provincial lobbying rules and codes of conduct when engaging in its advocacy work on behalf of Canadian innovators. I would like to thank the Commissioner for her thorough investigation and welcome her findings that found we acted in complete compliance with the Lobbyist Code of Conduct.” – Benjamin Bergen, Executive Director of the Council of Canadian Innovators (CCI)
“I am happy the Commissioner’s office did a thorough and professional investigation and found no grounds for the maligning allegations lodged against myself and our advocacy efforts at CCI. I have always worked with great integrity to support the growth of Canada’s innovation sector, and now with these allegations behind us, I am squarely focused on the work ahead of us to support all innovators in their pursuits to scale-up globally.” – Dana O’Born, Director of Strategic Initiatives of the Council of Canadian Innovators (CCI)
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About CCI
In September 2015, CEOs from Canada’s fastest growing technology companies founded the Council of Canadian Innovators / Conseil Canadien des Innovateurs (CCI) to ensure their voices were heard in the public policy development process because for far too long, policy regarding job creation and commercialization in Canada had been dominated by non-practitioners, foreign multinationals and other actors whose primary purpose is not to create economic growth in Canada. Today, the Council is composed of over 100 CEOs who are the leading commercialization experts in their fields of health and clean technology, fintech, cybersecurity, and information and communication technology. All of our members are job creators, investors and philanthropists. Currently, the Council is chaired by Jim Balsillie, former Chairman and co-CEO of BlackBerry, and John Ruffolo, founder of OMERS Ventures.
External Links:
- OCL Investigation Report: Benjamin Bergen – 12 March 2020 https://lobbycanada.gc.ca/eic/site/012.nsf/eng/h_01462.html
- OCL Investigation Report: Dana O’Born – 12 March 2020 https://lobbycanada.gc.ca/eic/site/012.nsf/eng/h_01461.html
- OCL Letter to Benjamin Bergen – 20 December 2019 https://www.dropbox.com/s/tiqhhtljcz1oxwm/20Dec2019_OCL%20Letter%20to%20Benjamin%20Bergen.pdf?dl=0
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