Op-ed by Shane Moffat, director of the Canadian Network for Corporate Accountability, as featured in the Hill Times
Human Rights Day on Dec. 10 comes at a critical moment for corporate accountability in Canada. With the right political will, there are immediate opportunities to prevent people around the world from being harmed by companies based right here.
A federal review of the Canadian Ombudsperson for Responsible Enterprise (CORE), and imminent talks on a global binding treaty on business and human rights are key moments for the government to show its commitment to human rights, and start solving the global problem of corporate impunity.
Most people would be surprised to learn that companies bringing goods into Canada are not legally required to prevent human rights abuse or environmental destruction during their production. The same goes for Canadian companies operating overseas. Aside from ineffective voluntary guidelines, we don’t have laws requiring them to respect the rights of local communities, workers, or Indigenous Peoples. These are our global neighbours, extended families, and, in many cases, literally our brothers and sisters.
Shane Moffatt is the director of the Canadian Network on Corporate Accountability. As a consequence, Canadian companies operating abroad or importing products are associated with widespread and egregious human rights abuses, including forced labour, serious environmental damage, and even killings. Whether it’s through the clothes on our backs, the food on our plates, or the metal in our phones, this issue touches all of us daily. That’s why the Canadian Network on Corporate Accountability has been calling for CORE to have the powers it needs to investigate complaints by affected people, and compel corporations and their representatives to testify. Sometimes referred to as “Canada’s corporate watchdog,” the government initially promised these powers, but has since kept CORE as a toothless tiger. As a result, impacted communities risk wasting their time if they file a complaint.
Right now, Global Affairs Canada is conducting a five-year review of CORE’s effectiveness. In a submission last month, we argued for these powers, and pointed out that all provincial ombudspersons are able to compel witness testimony and the production of documents under oath. The previous CORE ombudsperson Sheri Meyerhoffer apparently agrees with us. Furthermore, CORE’s mandate only covers a very small number of industries—garments, gas, oil, and mining—despite the government creating an expectation of a much more comprehensive scope. It shouldn’t matter what sector a company is involved in—they have no business violating people’s human rights.
Trade Minister Mary Ng, who is responsible for CORE, has a long way to go to fulfil her mandate to “ensure that Canadian businesses operating abroad do not contribute to human rights abuses.” Fixing CORE would be a step in the right direction.
Ng will also be under pressure to play a constructive role in upcoming talks on a business and human rights treaty taking place in Geneva from Dec. 16-20. This year marks the 10-year anniversary of discussions towards a legally binding treaty. If enacted, such a treaty would require all state parties to prevent companies based in their jurisdictions from being involved in human rights abuse anywhere in the world.
To date, talks have proceeded slowly, and not secured adequate support from countries like Canada in the Global North. Canada has a particular responsibility to support this process given the significant number of extractive industries headquartered in this country, and extensive global supply chains connected to enormous loss of biodiversity and harm to local communities.
Our network has just written to the trade minister urging the government to ensure formal treaty negotiations finally move forward, and to commit to urgent domestic measures: fixing CORE, and passing new legislation to stop Canadian corporations from committing all forms of human rights abuse overseas in the first place. The government’s failure to enact mandatory human rights and environmental due-diligence legislation remains a major source of frustration for human rights, faith, labour, and environmental groups across the country.
At the end of the day, multinational corporations are devastating people and the planet through a vast network of interconnected industrial and extractive activities worldwide. Frontline communities and workers are too often bearing the brunt. In large part, this is due to a lack of accountability for corporations based in Canada and the Global North. This is driving social inequalities, and an ecological crisis affecting us all.
Instead of being part of the problem, the government now has an opportunity to be part of the solution by supporting a global treaty, and strengthening CORE so communities can have access to justice and meaningful remedies when Canadian corporations cause them harm. It’s the least they can do.
