Why is the position of Canadian Ombudsperson for Responsible Enterprise vacant?

For over a decade, Canadian civil society groups advocated for an office to investigate complaints of human rights abuses linked to the overseas activities of Canadian companies. In 2018, the government responded by creating the Office of the Canadian Ombudsperson for Responsible Enterprise (CORE), vowing to equip it with the “tools and resources” required for companies to comply with the complaint process. These tools and resources were never delivered.

The demand for the CORE has been significant, as evidenced by the increasing number of complaints over time. These include allegations of Canadian companies using forced labour and violating rights to health and water, as well as Indigenous peoples’ right to free, prior and informed consent. Last year, the former trade minister acknowledged the “important role that the CORE plays as part of Canada’s broader responsible business conduct policy framework” and recognized the “public interest in the activities of the office.”

Despite this, instead of responding to calls to strengthen the office, the government has left the position of Ombudsperson vacant. 

We, the undersigned, urge the trade minister to appoint a new Ombudsperson immediately.

We also urge the Government of Canada to grant the office the independence and powers needed to conduct investigations effectively. 

Complainants to the CORE should be treated with respect, including through the prompt and transparent handling of their complaints. They represent communities and workers who have suffered significant harm and have been encouraged by Canadian officials to trust the CORE, often at substantial risk of retaliation. To our knowledge, at least 36 complaints are currently awaiting a decision from the CORE. 

Complainants were not informed in advance that the Ombudsperson position would remain vacant following the interim Ombudsperson’s departure in May, and attempts to contact the government for information have gone unanswered. In a response to a parliamentary inquiry about the future of the CORE, the trade minister referenced Canada’s OECD National Contact Point (NCP). However, unlike the CORE, the NCP lacks the mandate to investigate complaints or to report violations of Canada’s standards. Furthermore, communities and workers have found that submitting complaints to the NCP fails to improve their situations and can, in some cases, make them worse. 

As Canada advances a new global economic strategy, we must implement measures to ensure our companies conduct business in line with Canadian values, including respect for human rights. The CORE office – fully staffed and empowered – should be one of these measures.

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