• Media
• Professional Associations and Firms
• Development Agencies
• Other Organizations and Networks
• Conclusion

In addition to measures taken by the various levels of Canadian government, there are a number of means by which Canadian civil society is able to monitor and help prevent against corruption in Canada. According to the TI Sourcebook: "Civil society includes those organizations, structures and networks which are separate from the legislative, administrative and judicial power of the state, but interact with it in a variety of ways" (1996: 35). The following discussion will provide some examples of Canadian organizations structures, and networks which make up Canada's national integrity system, such as: (1) the media; (2) professional associations and firms; (3) development agencies; and (4) other organizations and networks. Although the Canadian corporate sector is also part of civil society, due to its importance, it is discussed in a separate section of this sourcebook.

Media

The most important institution that can monitor and influence levels of corruption is the media, which can perform "...an effective watchdog function on the conduct of public officials" (TI Sourcebook, 1996: 95). To perform its function properly, the media must be free and independent from government.

A legislative framework exists in Canada to protect the freedom of the press. The Canadian Charter of Rights and Freedoms, s.2 provides that:

Everyone has the following fundamental freedoms: ... (b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.

This freedom is limited, however, by the application of section 1:

The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

The Canadian Broadcasting Act (1991) provides in section 2(3) that:

This Act shall be construed and applied in a manner that is consistent with the freedom of expression and journalistic, creative and programming independence enjoyed by broadcasting undertakings.

Despite these protections, the media in Canada can still be restricted through the threat of libel lawsuits (although defences include reporting the truth, qualified or absolute privilege, and fair comment), government secrecy, publication bans by courts, or basic concern for the rights of others.

The Canadian Broadcasting Corporation (CBC) is Canada's national public broadcasting service and was created by an Act of Parliament in 1936. It operates under the 1991 Broadcasting Act. One of concerns raised with respect to government media organizations is that they are restricted in their ability to report on government corruption due to their control by government (The TI Sourcebook, 1995: 98). The Broadcasting Act addresses this concern in section 35(2):

This Part shall be interpreted and applied so as to protect and enhance the freedom of expression and the journalistic, creative and programming independence enjoyed by the [Canadian Broadcasting Corporation] in the pursuit of its objects and in the exercise of its powers.

The freedom of the CBC as a crown corporation is enhanced by being responsible to Parliament, as opposed to government. Further, the Board of Directors are appointed for a specified period of time and cannot be removed by government. Coverage of the Somalia affair indicates that the CBC enjoys a degree of freedom in its reporting of government activities.

Several associations help to advocate the rights of the media. The Canadian Association of Journalists (CAJ) is the central body, representing more than 1,500 print, radio, television, and photojournalists. The association acts as the members' "...national voice on major issues facing Canada's media profession" including "...increasing restrictions on access to government information and protecting journalists from naming confidential sources" (CAJ brochure). The Canadian Newspaper Association in its "Statement of Principles" (revised 1995) states that:

Freedom of the press is an exercise of every Canadian's right to freedom of expression guaranteed in the Charter of Rights and Freedoms. It is the right to gather and disseminate information, to discuss, to advocate, to dissent. A free press is essential to our democratic society. It enables readers to use their Charter right to receive information and make informed judgments on the issues and ideas of the time.

The Principles also indicates that newspapers "...should guard its independence from government, commercial and other interests seeking to subvert content for their own purpose" and should act as "...a watchdog against evil and wrongdoing."

The Canadian Committee to Protect Journalists is an organization which works "...to protect freedom of expression worldwide" by offering seminars and media events and by publicizing worldwide attacks on freedom of the press through the Canada media. It operates the International Freedom of Expression exchange, a freedom of the press information clearing house linking more than 100 organizations in over 40 countries.

The Canadian Civil Liberties Association also engages in activities to protect the right of free speech of both journalists and individual Canadians.

Although the Canadian media is independent of government, there is a degree of self-regulation taking place. Self-regulation is important as a means to discourage corruption within the media itself. The Ontario Press Council, for instance, considers complaints from members of the public about the press and from members of the press about the conduct of individuals and organizations toward the press. In 1995, 117 complaints were raised by the public about the 127 members (Ontario Press Council, Annual Report, 1995: 6).

Professional Associations and Firms

Several professional associations are also addressing corruption to different degrees. The Canadian Institute of Chartered Accountants (CICA), in regulating its members, states in the CICA Handbook that one must avoid misstatements involving illegal acts, such as the violation of domestic or foreign statutory laws or government regulations (Vol. 2, s.5136, 1995). Members must also avoid misstatements arising from unintentional error or from fraud (Vol. 2, s.5135, 1991). Both of these provisions could be considered to encourage accountants and auditors to avoid being part of the misclassification of bribes as a legitimate business expense. Other professional associations include the Purchasing Management Association of Canada, which has developed a code of ethics for its members which addresses corruption, the Canadian Professional Sales Association, which also has a code of ethics which deals with conflict of interest, and the Alliance of Manufacturers & Exporters Canada which although not possessing a code of ethics has organized a conference on ethics in international business. Professional firms such as Lindquist Avey, Ernst & Young, KPMG, and others have worked with Canadian corporations over the years in dealing with issues of corruption and fraud.

Development Agencies

Canadian development agencies are beginning to realize that they too must develop means by which to address corruption. The Canadian Council for International Cooperation (CCIC) is the central coordinating agency for more than 100 NGOs. It adopted a Code of Ethics in 1995 which sets out "...the minimum standards Council members must meet in conducting their affairs" (CCIC Code, 1995: i). The Code contains several provisions which address the issue of corruption:

Section 3.1.3: An Organization's Board of Directors shall adopt a policy which prohibits direct and indirect conflicts of interest by Directors of the Board of Directors, and/or employees and volunteers of the Organization. Such a policy should address issues such as: the receiving of gifts from or an affiliation with an actual or potential supplier of goods and services, recipient of grant funds, or organization with competing or conflicting interests; and the degree and nature of disclosure required by the person in the potential conflict of interest situation.

Section 3.2.1: The affairs of the Organization shall be conducted with integrity and transparency. The activities of the Organization shall, upon request, be open and accessible to scrutiny by its respective donors, except for personnel matters, legal matters and proprietary information, as specified by provincial or federal laws.

Section 3.2.3: The Organization shall oppose and shall not be a participant to any wrongdoing or financial impropriety in any of its activities. It shall take prompt and firm corrective action whenever and wherever wrongdoing of any kind has been committed by any one of the Directors of its Board of Directors, or by anyone of its employees or volunteers.

Other organizations such as Care Canada and The Canadian Red Cross Society have developed codes of ethics which have provisions addressing corruption.

Other Organizations and Networks

In addition to Transparency International Canada (established 1996), other ad-hoc organizations such as The Taskforce on the Churches and Corporate Responsibility and The Canadian Centre for Ethics and Corporate Policy are working towards educating Canadian corporations and the Canadian public on issues regarding corruption. The Canadian investment community is slowly increasing its ability to influence the activities of Canadian corporations through the growing importance of socially screened mutual funds, which may eventually become more focused on corruption issues. The Canadian academic community continues to address corruption through published works, conferences, and teaching (e.g., political science, journalism, business).

Conclusion

All of these organizations, structures, and networks act to monitor and hold the Canadian government accountable to the Canadian public. They also serve as a means to educate the Canadian public regarding issues of corruption. This is not to say, however, that much more cannot be done within Canadian civil society to help monitor and prevent corruption taking place inside and outside of Canada, as well as educating the Canadian public on the importance and extent of corruption taking place.