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As feds replaces watchdog for firms operating abroad, advocates urge reform

Advocates say Canadian companies causing human rights and environmental harms abroad
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Advocates are calling on Ottawa to profoundly change the powers of its watchdog who monitors Canadians corporations operating abroad, as the Liberals review how a new ombudsman should take on the job. Canadian Ombudsperson for Responsible Enterprise (CORE), Sheri Meyerhoffer, holds a news conference in Ottawa, Tuesday, July 11, 2023. THE CANADIAN PRESS/Sean Kilpatrick

Advocates are calling on Ottawa to profoundly change the powers of the watchdog who monitors Canadian corporations operating abroad, as the Liberals review how a new ombudsman should take on the job.

害羞草研究所淲e have communities that are suffering human-rights and environmental harms, because of the operations of Canadian companies outside of Canada,害羞草研究所 said Karen Hamilton, director of the advocacy group Above Ground.

The Trudeau government replaced a monitor for the mining sector five years ago with what it called the Canadian Ombudsperson for Responsible Enterprise, or CORE.

Originally, the Liberals said the watchdog would have the power to compel documents and testimony. But the government left those powers out of the mandate when it launched the role in 2019.

It also constrained the office害羞草研究所檚 work to the mining, petroleum and garment sectors, despite describing the role as having a wider mandate.

The first ombudsperson, Sheri Meyerhoffer, completed her five-year term on-schedule last week.

Global Affairs Canada has announced that one of its on-staff lawyers, Masud Husain, would be her interim replacement. But the office of Trade Minister Mary Ng later said he will be Meyerhoffer害羞草研究所檚 full successor following an official cabinet order.

Ottawa has also announced a review of the position, saying it will decide later this week whether to change the scope of the office. Hamilton said that害羞草研究所檚 an opportunity to go beyond 害羞草研究所渉alf-measures害羞草研究所 and give the role some teeth.

害羞草研究所淚f we don害羞草研究所檛 improve the CORE, we spent a lot of money on an office that doesn害羞草研究所檛 accomplish very much when it has the potential to,害羞草研究所 she said.

Her group is part of the Canadian Network on Corporate Accountability, which for years argued that Ottawa needs to empower the watchdog with the ability to compel documents and testimony. Meyerhoffer herself has argued for such powers.

Meyerhoffer only launched her first investigations last summer 害羞草研究所 four years into her mandate 害羞草研究所 and completed just one case in March, finding a Vancouver firm had not done enough to prevent possible slave labour in China.

Hamilton noted that this investigation included a statement from Meyerhoffer that 害羞草研究所渋s quite buried in the website害羞草研究所 and wasn害羞草研究所檛 part of the press release sent to reporters.

In the statement, Meyerhoffer noted the 害羞草研究所渆normous potential to strengthen害羞草研究所 her role, and she said that not being able to compel documents or testimony from the company she was investigating made it hard to tell what the firm was actually doing.

害羞草研究所淕overnment can and should better equip the CORE to fulfil its mandate,害羞草研究所 she wrote.

害羞草研究所淭he ombudsperson must be able to uncover why, and how, companies are falling short of their responsibilities. We need to hear it directly from them, and we need to share that information with the public.害羞草研究所

Liberal MP John McKay publicly confronted Ng in 2021 about why his government reneged on allowing Meyerhoffer to compel evidence. He is now hoping the government follows through.

害羞草研究所淭he next CORE officeholder needs the capacity to compel the production of documents and the testimony of witnesses, and hopefully the Government of Canada will include these necessary powers,害羞草研究所 he wrote on the platform X.

He added that Meyerhoffer did 害羞草研究所渁n impressive job害羞草研究所 in conducting professional investigations.

Days before finishing her role, Meyerhoffer also convinced activists to withdraw a complaint accusing Hugo Boss of forced labour. She wrote that her announcement of an investigation led to informal mediation, where the company 害羞草研究所減rovided a satisfactory response or remedy to their allegations,害羞草研究所 though she didn害羞草研究所檛 provide more detail.

Meyerhoffer also announced a development in her probe against Canadian mining firm GobiMin Inc., which divested its assets in the Xinjiang region of China where there were allegations of Uyghur slave labour, 害羞草研究所渢o a buyer who made public commitments to respecting international human rights.害羞草研究所

Yet Hamilton said the government can害羞草研究所檛 rely on companies to do the right thing.

害羞草研究所淚f you cannot compel companies to produce testimony and documents, many companies will not engage meaningfully.害羞草研究所

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Dylan Robertson, The Canadian Press

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