John Norman McKay (born March 21, 1948) is a Canadian
lawyer and
politician
A politician is a person active in party politics, or a person holding or seeking an elected office in government. Politicians propose, support, reject and create laws that govern the land and by an extension of its people. Broadly speaking ...
. He is the
Liberal
Liberal or liberalism may refer to:
Politics
* a supporter of liberalism
** Liberalism by country
* an adherent of a Liberal Party
* Liberalism (international relations)
* Sexually liberal feminism
* Social liberalism
Arts, entertainment and m ...
Member of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...
for the
riding of
Scarborough—Guildwood
Scarborough—Guildwood is a federal electoral district in Toronto, Ontario, Canada, that has been represented in the House of Commons of Canada since 2004.
It was created in 2003 from parts of Scarborough East, Scarborough Southwest and S ...
. McKay was
Parliamentary Secretary to the
Minister of Finance
A finance minister is an executive or cabinet position in charge of one or more of government finances, economic policy and financial regulation.
A finance minister's portfolio has a large variety of names around the world, such as "treasury", " ...
from 2003 to 2006 during the government of
Paul Martin
Paul Edgar Philippe Martin (born August 28, 1938), also known as Paul Martin Jr., is a Canadian lawyer and politician who served as the 21st prime minister of Canada and the leader of the Liberal Party of Canada from 2003 to 2006.
The son o ...
, then served as an opposition MP and critic until November 2015 during the government of
Stephen Harper. As of April, 2019, he serves as Chair of the Standing Committee on Public Safety and National Security; Chair of the Canadian Section of the
Canada-United States Permanent Joint Board on Defence
The Permanent Joint Board on Defense (spelled Defence in Canadian English) is the senior advisory body on continental military defence of North America. The board was established by Canada and the United States on August 17, 1940 under the Ogd ...
; Chair of the Canada-United Kingdom Inter-Parliamentary Association, Vice-chair of the Canada-United States Inter-Parliamentary Group, and Counsellor Canadian NATO Parliamentary Association.
McKay was sworn in as a member of the
Queen's Privy Council for Canada
The 's Privy Council for Canada (french: Conseil privé du Roi pour le Canada),) during the reign of a queen. sometimes called Majesty's Privy Council for Canada or simply the Privy Council (PC), is the full group of personal consultants to the ...
on December 12, 2003, and carries the designations of ''Honourable'' and ''Privy Councillor'' (PC) for life.
Born in
Toronto, Ontario
Toronto ( ; or ) is the capital city of the Canadian province of Ontario. With a recorded population of 2,794,356 in 2021, it is the most populous city in Canada and the fourth most populous city in North America. The city is the ancho ...
, McKay has lived most of his life in
Scarborough Scarborough or Scarboro may refer to:
People
* Scarborough (surname)
* Earl of Scarbrough
Places Australia
* Scarborough, Western Australia, suburb of Perth
* Scarborough, New South Wales, suburb of Wollongong
* Scarborough, Queensland, su ...
district of Toronto. He has a
Bachelor of Arts
Bachelor of arts (BA or AB; from the Latin ', ', or ') is a bachelor's degree awarded for an undergraduate program in the arts, or, in some cases, other disciplines. A Bachelor of Arts degree course is generally completed in three or four year ...
degree from the
University of Toronto at Scarborough and a
Bachelor of Laws
Bachelor of Laws ( la, Legum Baccalaureus; LL.B.) is an undergraduate law degree in the United Kingdom and most common law jurisdictions. Bachelor of Laws is also the name of the law degree awarded by universities in the People's Republic of Ch ...
degree from
Queen's University. He attends an
evangelical
Evangelicalism (), also called evangelical Christianity or evangelical Protestantism, is a worldwide interdenominational movement within Protestant Christianity that affirms the centrality of being " born again", in which an individual expe ...
church in Toronto.
After practising private law, he was elected to represent
Scarborough East in 1997 and was re-elected in 2000. After Scarborough East was abolished in 2003 he was elected to represent the riding of Scarborough—Guildwood in 2004. McKay was re-elected in the 2006, 2008, 2011,
2015, and 2019 federal elections.
Early life and career
A lifelong resident of Scarborough, McKay went to five of the area's public schools. He attended and graduated at
Sir Wilfrid Laurier Collegiate Institute
Sir Wilfrid Laurier Collegiate Institute (colloquially known as Sir Wilfrid Laurier CI, SWLCI, SWL, Sir Wilfrid Laurier or simply Laurier), initially known as Guildwood Secondary School is a high school in Toronto, Ontario, Canada. It is located ...
. McKay attended the
University of Toronto Scarborough
The University of Toronto Scarborough, also known as U of T Scarborough or UTSC, is one of the three campuses that make up the tri-campus system of the University of Toronto. Located in Scarborough, Toronto, Ontario, Canada, the campus is set up ...
campus where he earned his Bachelor of Arts. He later earned his Bachelor of Laws from
Queen's University. After completing his degree he went into private practice as a real estate attorney, assuming positions of leadership in the legal community. Most notably, he was the President of the Durham Bar Association, an Executive Member of County and District Law Association, Real Estate Executive of the Canadian Bar Association, and a member of the Law Society of Upper Canada's Committee on Title Insurance.
Election to Federal Parliament
McKay was first elected to the House of Commons in June 1997 as a Liberal during the general election of the 36th Canadian Parliament. McKay was twice elected to the former electoral district of Scarborough East, in 1997 and 2000, with 54.3 and 59.8 percent of the vote respectively. After 2000, the riding of Scarborough East was abolished and became
Scarborough-Guildwood, which acquired parts of
Scarborough Southwest
Scarborough Southwest is a federal electoral district (Canada), electoral district in Toronto, Ontario, Canada, that has been represented in the House of Commons of Canada since 1968.
Geography
It covers the southwestern part of the Scarboro ...
and
Scarborough Centre. McKay is the Member of Parliament for Scarborough-Guildwood and was elected as the representative for the riding in 2004, 2006, 2008, 2011, 2015, 2019, and 2021 with 57.5, 53.3, 50.2, 36.2, 60.0, 61, and again with 61 percent of the vote respectively.
Parliamentary experience
Parliamentary Secretary to the Minister of Finance
From 2003 to 2006, McKay served as Parliamentary Secretary to then Finance Minister
Ralph Goodale
Ralph Edward Goodale (born October 5, 1949) is a Canadian diplomat and retired politician who has served as the Canadian High Commissioner to the United Kingdom since April 19, 2021.
Goodale was first elected in 1974 as the member of Parliamen ...
.
Paul Martin
Paul Edgar Philippe Martin (born August 28, 1938), also known as Paul Martin Jr., is a Canadian lawyer and politician who served as the 21st prime minister of Canada and the leader of the Liberal Party of Canada from 2003 to 2006.
The son o ...
, during his tenure as
Prime Minister
A prime minister, premier or chief of cabinet is the head of the cabinet and the leader of the ministers in the executive branch of government, often in a parliamentary or semi-presidential system. Under those systems, a prime minister i ...
, implemented a number of reforms aimed at making parliament more democratic. One of these reforms gave greater authority to MPs serving as
Parliamentary Secretary to a Minister, in contrast to their previous role that had been largely clerical with little purview over government policy. To this end, McKay was given ministerial responsibility for the improvement of partnerships between the public and private sectors.
During the 2003–2006 period the Ministry of Finance tabled two consecutive balanced budgets and implemented its productivity strategy, aimed at improving economic growth through innovation, elimination of domestic trade barriers, competitive taxes, and improved infrastructure among other initiatives.
Parliamentary Secretary to the Minister of National Defence
Between 2015 and 2019 McKay served as the Parliamentary Secretary to then Minister of National Defence Harjit Sajjan.
Critic portfolios
McKay served as the Critic for the Environment for the Liberal Party of Canada during the government of Steven Harper He was appointed to the role by Liberal Party Leader
Justin Trudeau
Justin Pierre James Trudeau ( , ; born December 25, 1971) is a Canadian politician who is the 23rd and current prime minister of Canada. He has served as the prime minister of Canada since 2015 and as the leader of the Liberal Party since 2 ...
on August 21, 2013. His positions include:
* Liberal Party of Canada Critic for Environment – 2013–2015
* Liberal Party of Canada Critic for Defence – 2011-2013
* Official Opposition Critic for Small Business and Tourism – 2008
* Official Opposition Critic for Crown Corporations – 2006
Committees
McKay was the vice-chairman of the Standing Committee on Justice and Human Rights (2001–2003), Member of the Standing Committee of Finance (2004–2011), Chair of the Standing Committee on Government Operations (2011–2012), and vice-chair of the Standing Committee on National Defence (2011–2013). He was a member of the Standing Committee on Environment from 2013 to 2015. Currently (April 2019), he serves as Chair of the Standing Committee on Public Safety and National Security; Chair of the Canadian Section of the
Canada-United States Permanent Joint Board on Defence
The Permanent Joint Board on Defense (spelled Defence in Canadian English) is the senior advisory body on continental military defence of North America. The board was established by Canada and the United States on August 17, 1940 under the Ogd ...
; and vice-president of the Canada-United Kingdom Inter-Parliamentary Association, along with membership in several other groups and committees.
Other Parliamentary experience
* Vice-chair of Canada-U.S Inter-Parliamentary Association – Present
* Chair of the Liberal Caucus Committee on Economic Prosperity - 2007–2008
* Chair of the Canada-Caribbean Parliamentary Friendship Group – 2006
* Head of Canadian delegation at Commonwealth Finance Ministers Meeting - Barbados 2005, St. Kitts 2004
* Chair of the Canada-Taiwan Parliamentary Friendship Group from 2001 to 2004
* Head of Canadian delegation to Taiwan 2003
Successful Private Members’ Bills
McKay has successfully sponsored two
Private Members' Bill
A private member's bill is a bill (proposed law) introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in whi ...
s during his tenure as a Member of Parliament:
* C-260, passed in 2003, requires cigarette manufacturers to produce
‘fire-safe’ cigarettes (cigarettes that extinguish when left unattended, reducing their flammability).
*
C-293, passed in 2008, outlines specific requirements for the disbursement of Canadian foreign aid. The Bill requires that Canadian foreign aid be exclusively targeted toward the goal of poverty reduction, and requires timely and transparent reporting of how such funds are spent.
Private Members' Bills rarely receive
Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
as most bills originate from the
cabinet of the party controlling the most seats (the party in government).
An Act to amend the Hazardous Products Act (fire-safe cigarettes) - C-260
In 2002 McKay introduced Bill C-260, an amendment to the already existing Hazardous Products Act, which forces tobacco manufacturers to produce
fire safe cigarette Fire safe cigarettes, abbreviated "FSC", also known as lower ignition propensity (LIP), reduced fire risk (RFR), self-extinguishing, fire-safe or reduced ignition propensity (RIP) cigarettes, are cigarettes that are designed to extinguish more quick ...
s in response to the threat of fire posed by cigarettes left unattended. The Bill requires that cigarettes meet regulated ignition propensity standards (RIPs) by law and provide evidence to the Minister of Health of compliance with the regulation. As of October 1, 2005, all cigarettes in Canada are manufactured to self-extinguish before burning to the
cigarette filter
A cigarette filter, also known as a filter tip, is a component of a cigarette, along with cigarette paper, capsules and adhesives. Filters were introduced in the early 1950s.
Filters may be made from plastic cellulose acetate fiber, paper or ...
, thus reducing the risk that it will start a fire when forgotten or when the smoker falls asleep.
Prior to the C-260, the Canadian Ministry of Health estimated that unattended cigarettes resulted in 2085 fires, 70 deaths and $28.1 million in damages to property.
Health Canada further estimated that RIP cigarettes would prevent 34-68% of fire loss damages.
After C-260 received Royal Assent in 2003, Canada became the first country to introduce nationwide ignition propensity regulations on cigarettes, and has become an example used by advocacy groups in other nations for the imposition of such regulations.
The Development Assistance Accountability Act - C-293
In 2006 McKay introduced
Private Members’ Bill C-293, which called for significant changes to the manner in which Canada's official
development assistance
Development aid is a type of foreign/international/overseas aid given by governments and other agencies to support the economic, environmental, social, and political development of developing countries. Closely-related concepts include: developm ...
is delivered and administered. Often referred to as the ‘Better Aid Bill,’ its primary purpose is to mandate that the
Canadian International Development Agency
The Canadian International Development Agency (CIDA) was a federal Canadian organization that administered foreign aid programs in developing countries. The agency was merged into the Department of Foreign Affairs in 2013 by the federal governmen ...
(CIDA) target Canada's Official Development Assistance (ODA) to the specific goal of poverty reduction in developing nations.
Prior to the passage of C-293, parliamentary committees and
NGOs
A non-governmental organization (NGO) or non-governmental organisation (see spelling differences) is an organization that generally is formed independent from government. They are typically nonprofit entities, and many of them are active in ...
had called for a clearer mandate for ODA. Critics of Canada's aid spending noted that assistance was often sent to countries that have recently experienced strong economic growth and prosperity or have dubious records regarding human rights. In an article from June 19, 2007,
National Post
The ''National Post'' is a Canadian English-language broadsheet newspaper available in several cities in central and western Canada. The paper is the flagship publication of Postmedia Network and is published Mondays through Saturdays, with ...
columnist
John Ivison
John Ivison is a Scottish Canadian journalist and author. He is an Ottawa-based political columnist for the ''National Post'' and Ottawa Bureau Chief.
Raised in Dumfries, Scotland, he worked as a reporter for ''The Scotsman'' newspaper in Edin ...
reported that Canada had sent $7.7 million to the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 Counties of Ireland, counties of the island of Ireland. The capital and largest city is Dublin, on the eastern ...
and
Northern Ireland
Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...
for
job creation program
Unemployment, according to the OECD (Organisation for Economic Co-operation and Development), is people above a specified age (usually 15) not being in paid employment or self-employment but currently available for work during the referenc ...
s and reconciliation projects, despite the country's healthy economy, lower taxation rate and higher
per capita GDP
Gross domestic product (GDP) is a monetary measure of the market value of all the final goods and services produced and sold (not resold) in a specific time period by countries. Due to its complex and subjective nature this measure is ofte ...
. In another example, Ivison noted that in 2004-2005 China received $57 million in ODA, amid concerns held by the international community about human rights abuses.
The Bill established a set of principles that
CIDA must take into account when adjudging how aid is to be spent. First, it requires that the perspectives and concerns of those who receive ODA be taken into account. This means that Canadian aid flows will have to respect the priorities of its beneficiaries - the people living in poverty. Secondly, it requires that ODA be promulgated in a manner consistent with Canadian values and foreign policy, sustainable development, and the promotion of democracy and human rights. The Bill also requires that Canadian foreign aid spending be more transparent and accountable to Parliament and must be reported in a timely manner.
Due to the legislated focus on long-term poverty reduction, ODA cannot be redirected towards international military efforts or short-term disaster relief (areas of policy that the Canadian government must fund separately) and is subject to judicial review and oversight by the Minister.
Senator
Roméo Dallaire
Roméo Antonius Dallaire (born June 25, 1946) is a Canadian humanitarian, author, retired senator and Canadian Forces lieutenant-general. Dallaire served as force commander of UNAMIR, the ill-fated United Nations peacekeeping force for Rwanda ...
moved third reading of C-293 in the Senate. Senator Dallaire hailed the Bill saying: "My colleague in the other place, the Honourable John McKay, introduced Bill C-293 in the House of Commons in May 2006, almost two years ago. It has come a long way since then and has been put through many valuable and essential debates. I believe the debates initiated by Bill C-293 were so important that they will inform the nature of any future essential international development policy and legislation in this country. It is a first step."
On March 20, 2008, C-293 passed third reading in the House of Commons with unanimous support from all parties. It received Royal Assent on May 29, 2008, thus becoming law as the Development Assistance Accountability Act, (An Act respecting the provision of official development assistance abroad).
Canada's Development Assistance Accountability Act represents a trend among other nations that provide foreign aid toward legislated mandates for the provision of foreign aid. In 2002 the U.K. passed the International Development Act that entrenched poverty reduction as the preponderant focus of its foreign aid. Other countries with similar legislation include Sweden, Switzerland, Spain, Luxembourg, Denmark and Belgium.
McKay is one of the more active Members of the Canadian Parliament on the issue of aid to developing nations, having been the Vice President of CIDO; an organization devoted the development of
microfinancing in developing nations. In 2007 McKay travelled with Michael Savage M.P. (Liberal), Alexa McDonough M.P. (NDP), and Bill Casey M.P. (Conservative) to Kenya as part of a Parliamentary envoy to assess the efficacy and potential of ODA in developing nations. Though C-293 had been introduced prior to the trip, according to McKay the Kenyan sojourn gave greater urgency to the need for ODA reform. "We did not come away with easy answers regarding development and poverty, but a much clearer sense that we do have the capacity for meaningful change."
C-293 has received praise from a diverse array of groups and organizations including
Canada's Coalition to End Global Poverty,
Make Poverty History
Make Poverty History are organizations in a number of countries, which focus on issues relating to 8th Millennium Development Goal such as aid, trade and justice. They generally form a coalition of aid and development agencies which work togethe ...
, Engineers without Borders and the
Evangelical Fellowship of Canada
The Evangelical Fellowship of Canada (EFC; french: Alliance évangélique du Canada) is a national evangelical alliance, member of the World Evangelical Alliance. Its affiliates comprise 43 evangelical Christian denominations, 66 Christian org ...
.
"The Responsible Mining Bill" - Private Members' Bill C-300
Corporate Accountability of Mining, Oil and Gas Corporations in Developing Countries Act - Bill C-300
On February 9, 2009, John McKay introduced his latest Private Member's Bill C- 300 to the House of Commons. The Bill was defeated on October 26, 2010, during its third reading.
Bill C- 300, also cited as the Corporate Accountability of Mining, Oil and Gas Corporations in Developing Countries Act, has the stated purpose of promoting "environmental
best practices
A best practice is a method or technique that has been generally accepted as superior to other known alternatives because it often produces results that are superior to those achieved by other means or because it has become a standard way of doing ...
and to ensure the protection and promotion of international human rights standards in respect of the mining, oil or gas activities of Canadian corporations in developing countries". The Act would require the
Minister of Foreign Affairs
A foreign affairs minister or minister of foreign affairs (less commonly minister for foreign affairs) is generally a cabinet minister in charge of a state's foreign policy and relations. The formal title of the top official varies between co ...
and the
Minister of International Trade to investigate and report on any single complaint against the activities of a Canadian extractive sector company in a developing country. The Ministers could also investigate matters on their own initiative. The Ministers would publish the results of any specific investigation, and submit annual reports of activities carried out under the Act to the House of Commons and the Senate for review. The Act would also amend the laws governing
Export Development Canada
Export Development Canada (EDC; french: Exportation et développement Canada) is Canada's export credit agency and a state-owned enterprise wholly owned by the Government of Canada. Its mandate is to support and develop trade between Canada and ot ...
, the
Canada Pension Plan, and the
Department of Foreign Affairs and International Trade
Global Affairs Canada (GAC; french: Affaires mondiales Canada; AMC)''Global Affairs Canada'' is the applied title under the Federal Identity Program; the legal title is Department of Foreign Affairs, Trade and Development (). is the department ...
, to require those organizations to withdraw financial support and consular support from companies acting "inconsistently" with
corporate social responsibility (CSR) Guidelines. McKay has stated that the intent of the bill is that these investigations be carried out within the existing organization and with the existing personnel available to the Ministers of Foreign Affairs and of International Trade
Said McKay: "NGOs and government officials who have expressed concerns about the practices of some mining, oil, and gas operations in developing countries will be encouraged by Bill C-300. This Bill will provide strong incentives for Canadian corporations in developing countries to follow environmental and human rights standards."
However, the intended and actual scope and impact of the Bill is not clear. John McKay sometimes characterizes the bill as a modest law that would merely ensure that the Canadian government does not directly support
extractive industry companies that do not adhere to CSR standards.
[John McKay]
Speech to Mining Industry Representatives Addressing Criticisms of C-300, April 15, 2010
/ref> However, it appears that the law would oblige or empower (oblige in response to a complaint, empower if they believe warranted) the Ministers to investigate and report on any Canadian mining or oil company regardless of whether it was currently receiving support – so the potential sanction of government condemnation would apply to any extractive industry company, if one of the Ministers decides it is not acting consistently with the CSR guidelines.
C-300 is not without controversy. While there has been no disagreement with the bill's stated intent in continuing to improve Canada's performance in CSR, many groups argue that the bill has flaws that would prevent it from achieving its objective. The mechanism of the bill is not aimed at changing the CSR performance of projects in developing countries, only from dissuading Canadian companies from initiating or maintaining investments in projects that may be found inconsistent with the CSR Guidelines. John McKay has used Talisman Energy
Talisman Energy Inc. was a Canadian independent petroleum company that existed between 1993 and 2015. The company was created from the assets of BP Canada after British Petroleum divested its 57 percent stake in June 1992. It was one of Canada ...
divesting of its share of a venture in Sudan as an example of how it would be feasible for Canadian companies to comply with the bill. While this did eliminate Talisman's exposure to the poor CSR performance of that venture, there is evidence that this actually reduced CSR performance in Sudan by eliminating Talisman's advocacy for CSR measures. This approach contrasts to the National Roundtables on CSR 2007 Advisory Group's recommendations,[National Roundtables on Corporate Social Responsibility (CSR) and the Canadian Extractive Industry in Developing Countries]
Advisory Group Report
and the current government initiatives, that are aimed at supporting and enforcing improved performance in the developing world.
Export Development Canada (EDC) would be required to withdraw even existing financing from a company that has been found in a Ministerial investigation to have activities inconsistent with the guidelines to be established under Bill C-300. EDC notes that they currently conduct CRS assessments of financings in sensitive markets or for sensitive projects, and work with companies to ensure that required standards are met before receiving EDC support. EDC believes that by working with companies to resolve CSR issues they contribute more to CSR than if they were forced to exit the relationship as soon as the guidelines are not met. EDC's support in this sector helped generate $21.4 billion in Canadian GDP and sustain 139,000 Canadian jobs in communities across the country and this might be in jeopardy if Bill C-300 were to become law.
Representatives of the mining industry also note that key stakeholders were not consulted in the development of the bill, and is not in keeping with the spirit and intent of the recommendations of the National Roundtable on CSR. Representatives of the legal community in Canada and the extractive industry have noted that C-300 is problematic in several ways, including Canada's capacity, expertise or jurisdiction to enforce CSR guidelines abroad or to supersede local authorities. It also forces the Canadian government into a punitive approach, rather than allowing the government to assist companies is resolving CSR issues.
As is evidenced through public statements and media appearances, Bill C-300's critics represent a wide array of extractive industry and business interests. However, Bill C-300 is also supported by a wide array of public academics, and NGOs both internationally and within Canada. Supporters of the Bill include (but are not limited to): Amnesty International, the Halifax Initiative The Halifax Initiative is a coalition of Canadian non-governmental organizations for public interest work and education on international financial institutions. Canadian non-governmental organizations formed the Halifax Initiative in December 1994 ...
, Make Poverty History
Make Poverty History are organizations in a number of countries, which focus on issues relating to 8th Millennium Development Goal such as aid, trade and justice. They generally form a coalition of aid and development agencies which work togethe ...
, MiningWatch Canada MiningWatch Canada is a non-governmental organization based in Ottawa, Ontario. Founded in 1999, it acts as a watchdog of Canada's mining industry.
MiningWatch is part of the Canadian Network on Corporate Accountability, the Canadian Council for I ...
, Africa Files, World Vision
In its most general sense, the term "world" refers to the totality of entities, to the whole of reality or to everything that is. The nature of the world has been conceptualized differently in different fields. Some conceptions see the worl ...
, The North-South Institute
Founded in 1976, the North-South Institute (NSI) was a policy research institution or think tank based in Ottawa, Canada, and specializing in international development. The objectives of the institute were as follows:
# To promote a greater under ...
, Canadian Labour Congress, Development and Peace (Canada), Ecojustice Canada
Ecojustice Canada (formerly Sierra Legal Defence Fund prior to September 2007), is a Canadian non-profit environmental law organization that provides funding to lawyers to use litigation to defend and protect the environment. Ecojustice is Canad ...
, Rights and Democracy, Social Justice Committee of Montreal, and Canadian Network on Corporate Accountability. Various private individuals and foreign governments have weighed-in both as supporters and as critics of the Bill.
Professor Richard Janda of the McGill University Faculty of Law
The Faculty of Law is one of the professional graduate schools of McGill University in Montreal, Quebec, Canada. It is the oldest law school in Canada, and continually ranks among the best law schools in the world. The faculty is known for it ...
produced a report entitled, ''Bill C-300: Sound and Measured Reinforcement for CSR.'' According to Professor Janda Bill C-300 would make Canadian companies world leaders in CSR, and that good CSR performance would give Canadian extractive companies a competitive edge and international business advantage. Industry submissions agree that good CSR performance is generally a source of competitive advantage. Professor Janda's report does not examine the current position of Canadian companies and CSR, nor does it examine whether C-300 is required in order to make Canadian companies world leaders, both which are beyond the scope of the report. However, John McKay has stated that Canadian companies already have a competitive advantage in some developing countries because they are held to higher standards of practice and more likely to fulfill licensing conditions. Essentially, there is agreement that CSR is important, and that Canada is already in many ways a strong player - the debate is whether C-300 will improve CSR performance, and if so whether it is the most appropriate way to do so.
An important difference between the basis of Professor Janda's conclusions and the concerns of industry is the presumption of how easy, or not, it will be for the Minister receiving a complaint to determine if it is "frivolous or vexatious". Professor Janda states that "the general requirement that a complaint appear to be reasonable on its face is nevertheless sufficiently stringent to allow the Minister in question efficiently to screen out complaints that are frivolous and vexatious", whereas industry representatives state that this will not be an easy determination, given that the complaints will likely relate to activities in remote areas and particularly if the complaint comes from an individual outside of Canada (in a developing country).
A second important difference in the view of the Janda report and submissions from industry and other members of the legal community is the presumption of how complaints will be investigated. Professor Janda refers to the legality in Canada for the Canadian government to hear evidence from "witnesses abroad", and gives examples of foreign fact-finding related to assistance in natural disasters to coordinate relief efforts. However, he does not address the practicality or legality of investigating matters related to breaches of laws in foreign countries, which may include investigation of the actions of the foreign government. Submissions critical of C-300 point out that many of the various allegations made against Canadian companies also imply breaches of law in the host country, or include accusations against the police or military of the host country, or challenge the conformity of host country laws with international standards (such as for recognition of indigenous peoples) - and that these would likely be difficult to investigate from Canada, or for the Canadian government to investigate in the host country.
The Janda report also finds Bill C-300 is consistent with the National Roundtables Advisory Group's recommendations, with an even more modest set of proposals. However, this is based on examination of the 6 "major components" of the proposed Canadian CSR Framework, which is a central recommendation in the Advisory Group report, rather than the 26 specific recommendations contained in the Advisory Group report. In fact, the Bill does not reflect any of the specific recommendations of the Roundtables, although it is frequently referenced to the Ombudsman called for in the Roundtable recommendations. Supporters of C-300 state that the Bill is a better representation of the Ombudsman than the recently created Office of the Extractive Sector CSR Counsellor, because C-300 can force investigations and impose sanctions. However, the Ombudsman office described in the recommendations was not to have the power to impose sanctions, it was proposed to "provide advisory, fact-finding and reporting functions". A separate "standing tripartite Compliance Review Committee" (presumably representing government, business, and civil society) was proposed that, in cases of serious non-compliance, would make recommendations with regard to the "withdrawal of financial and/or nonfinancial services" by the government.
The Janda report rebuts further criticism by claiming Bill C-300's direct effects to be within federal jurisdiction, and therefore, not extraterritorial. However, this opinion does not address the legitimacy of the Canadian government investigating allegations related to the activities of foreign governments, nor investigation of crimes (other than "crimes of universal jurisdiction") occurring in foreign countries, nor investigation of the activities of foreign nationals working in their home country. As noted above, critics of the bill point out that allegations that have been presented as justification for the bill would require these sorts of extraterritorial investigations. The Janda report insists that Bill C-300's expectations on Canadian corporations have a strong legal foundation.
Bill C-300 supporters claim that since the mining companies receive investment from Export Development Canada (EDC), which is funded by Canadian taxpayers, and Canadian Pension Plan (CPP) their actions ought to be transparent and accountable to Canadians. The submissions critical of C-300 do not argue against this principle, and have noted that the existing CSR Commitment of EDC, and CPP Policies and Reports on Responsible Investing currently provide at least a measure of such transparency and accountability. Additionally, C-300 does not include any of the transparency measures included in the recommendations of the National Roundtables 2007 Advisory Group report - many of which would not require government expenditure and therefore would be suitable for a Private Member's Bill.
''Read the full text of the Bill here''
“The Sunshine Bill” – Bill C-474
On February 26, 2013, McKay tabled Bill C-474, or “The Sunshine Bill,” borrowing from former U.S. Supreme Court Justice Louis Bradeis’ famous phrase on transparency, 'sunlight is said to be the best of disinfectants.'
Responding to allegations of corrupt corporate payments made to foreign entities, the bill would have required Canadian extractive sector companies to submit an audited, annual transparency report to the Government of Canada disclosing all payments to foreign governments. The bill would also have given the Government of Canada the power to conduct investigations of payments to foreign governments, as well as levy a fine of up to $5 million and allow for complaints to be tried in a court with jurisdiction over the company.
According to McKay, “the Sunshine Bill” was modelled on the United States’ Cardin-Lugar amendment (2016) to the Dodd-Frank Wall Street Reform & Consumer Protection Act that required oil, gas, and mining companies to disclose payments to foreign governments or potentially be de-listed from U.S. stock exchanges.
As noted by CNBC: “The goal is to prevent foreign leaders from skimming off the payments that drillers and miners make to their countries. Such corruption, which enriches the politically connected but deprives regular people of their country’s mineral wealth, is known as the ‘resource curse.’”
Said McKay in the House of Commons on May 24, 2013: ''"This is serious stuff. The common pattern is the conviction gets registered, the officials get fired, the stock gets hammered, so there is a bunch of unhappy people and the most unhappy of all are the shareholders. All of us are shareholders in many of these companies because they are all on the TSX and our Canada pension plan has large holdings on many of these companies."''
He continued in a speech on January 31, 2014: ''"The best companies operate at the highest ethical standards, but they are frankly helpless when less ethical companies bribe their way into lucrative concessions… (i)t frustrates the CEOs who want to do the right thing. It makes him or her unnecessarily vulnerable and, frankly, it trashes Canada's reputation."''
While McKay’s “Sunshine Bill” was defeated by the Conservatives under Prime Minister Stephen Harper on April 9, 2014, the Harper government later adopted a similar measure in C-43, the omnibus budget implementation act, introduced on October 23, 2014 as the Extractive Sector Transparency Measures Act.
The Extractive Sector Transparency Measures Act requires, oil, gas, and mining companies to disclose payments to foreign entities. Penalties for offenses under the Act include fines and the potential for summary conviction.
“The Modern Slavery Act” – Bill C-423
''Ending the Use of All Forms of Child Labour in Supply Chains'' – Report of the Standing Committee on Foreign Affairs and International Development
In October of 2018 McKay participated in the House of Commons Subcommittee on International Human Rights study on child labour and modern slavery that resulted in ''A Call to Action: Ending the Use of All Forms of Child Labour in Supply Chains.'' The Committee released a set of recommendations for the Government of Canada on how to reduce child labour in supply chains.
The Committee concludes the report by calling on the Government of Canada to take action against the use of child and forced labour in supply chains, arguing that taking concerted international action to implement the recommendations of the subcommittee is the best way to achieve the ultimate goal of eliminating all forms of child labour worldwide. As a result of the report, the Government of Canada began to explore legislation to stop child and forced labour in supply chains.
Bill C-423
Bill C-423, or The Modern Slavery Act, was introduced by McKay in December 2018 following the committee report released in October saying “(t)his bill gives an opportunity for consumers to know whether, in fact, anywhere along the supply chain of the product they are buying or the service they are using, slave or forced labour conditions applied.”
The purpose of the Modern Slavery Act is to implement Canada's international commitment to confirm supply chain transparency and contribute to the fight against modern slavery. The Act requires companies that have assets over CAD $20 million and revenue over CAD $40 million to ensure that their supply chains are transparent and free of goods produced by slavery if they wish to do business in Canada. If passed, the Minister of Public Safety and Emergency Preparedness through the Canadian Border Services Agency could impose an import ban on goods or materials partially or fully produced by forced labour. Entities found to have imported tainted goods can be subjected to a fine of up to CAD $250,000. This is in addition to the reputational damages, which often far exceeds the costs of fines or import bans. However, Bill C-423 did not proceed in the House of Commons due to the 2019 Federal Election.
All Party Parliamentary Group to End Modern Slavery
Following the 2019 Federal Election, McKay continued his work on modern slavery legislation with the All-Parliamentary Group to End Modern Slavery as a co-chair. Senator Julie Miville-Deschene, a co-chair of the APPG, introduced S-216 into the Senate in February 2020. S-216 was initially introduced into the House of Commons as McKay's Private Members Bill C-423. However, like its predecessor, S-216 did not advance due to the onset of the COVID-19 pandemic.
During the 2021 Federal Election, the Liberal and Conservative Parties of Canada outlined platform commitments for supply chain legislation to end modern slavery in Canadian supply chains. The APPG is expected to introduce a third version of the bill once the 44th parliament resumes.
Conservation efforts
From 1998 to 2000, McKay represented the Federal Government as a board member on the Rouge Park Alliance, a group of government representatives and community leaders dedicated to the conservation, ecological protection, and enhancement of the Rouge River (Ontario), Rouge River watershed and lakefront areas (The former riding of Scarborough East bordered on the Rouge River area). McKay has also helped with efforts to extend the Waterfront Trail along parts of the Scarborough shoreline and enhance its public accessibility.
Miscellaneous
McKay is a leading social conservative in the Liberal Party. He strongly opposed his own party's bill which legalised same-sex marriage in Canada in 2005. McKay is a past board member of th
Doris McCarthy Gallery
at the University of Toronto Scarborough campus.
Electoral record
References
External links
John McKay
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LegalEase on CKUT FM Radio Podcast - Episode 6: Mining For law
{{DEFAULTSORT:Mckay, John
1948 births
Canadian Baptists
Lawyers in Ontario
Liberal Party of Canada MPs
Living people
Members of the House of Commons of Canada from Ontario
Members of the King's Privy Council for Canada
People from Scarborough, Toronto
Politicians from Toronto
Queen's University Faculty of Law alumni
University of Toronto alumni
21st-century Canadian politicians