Just Who Is Protecting Who?

If you have never seen it, I highly recommend the Netflix documentary series Dirty Money. Of particular interest is the one detailing the massive fraud perpetrated by Volkswagen, in which the auto giant employed a diesel 'defeat device' allowing their cars to bypass environmental controls and thereby emit massive amounts of greenhouse gases into the atmosphere while claiming environmental rectitude. It was nothing less than a crime against humanity.

And they have paid a heavy price for their criminal fraud, except in Canada:

In the three years since the Volkswagen emissions-cheating scandal was uncovered, governments in the U.S., Germany and elsewhere have fined the company billions of dollars and sent some of its top executives to jail for breaking environmental laws — but not in Canada.

“There has been nothing done,” said David Boyd, the United Nations’ newly appointed human rights and environment watchdog.

Given Canada's less-than-aggressive pursuit of offshore tax evaders who were exposed in the Panama Papers, this does not surprise me, but I am nonetheless appalled by my government's timidity in going after major criminals.

While the company said in a statement it settled a $2.1-billion class action lawsuit in 2017 with customers who purchased one of roughly 125,000 affected diesel vehicles sold in Canada — as it did elsewhere in the world — Volkswagen hasn’t faced any charges under the Canadian Environmental Protection Act so far.

There is concern among some observers that the federal government may not act, continuing what Boyd said is a longtime trend of leniency.

“Three years have gone by and Canada has a track record of not enforcing environmental laws,” he said.

To put government timidity into perspective, consider the following:

In 2004, Petro-Canada was fined $290,000 for the spill that saw 1,000 barrels of oil flow into the Atlantic Ocean from the Terra Nova offshore production vessel. By comparison, Brazil’s petroleum regulator fined Chevron $17.3 million (U.S.) for a 3,600-barrel oil spill in 2011, and the company also agreed to pay $150 million to settle civil lawsuits related to the case, according to Reuters.

Or how about this?

Boyd said Canada levied $2.47 million (Canadian) in fines for environmental infractions under the Canadian Environmental Protection Act between 1988 and 2010 — less than the $3.65 million the Toronto Public Library collected in overdue book fines in 2012.

In contrast, the U.S. — where Boyd said enforcement of environmental laws has been “much more aggressive” — the Environment Protection Agency levied $204 million (U.S.) in civil fines and won court cases securing another $44 million in criminal fines from environmental lawbreakers in 2012 alone.

While Canada continues to investigate Volkswagen, the company has paid very substantial penalties in other jurisdictions.

Volkswagen paid the equivalent of $1.5 billion (Canadian) in fines in Germany and $12 billion in the U.S., according to an analysis by Environmental Defence, which is launching a public campaign this month to pressure Ottawa to take action against the company.

In the U.S. case, Volkswagen also agreed not to contradict anything outlined in the plea agreement or statement of facts in other jurisdictions.

This sorry dilatory approach to criminal enforcement should offend every Canadian, given that it conveys a wholly inappropriate message of weakness to the corporate criminals of the world, one best summed up by David Boyd:

“It’s just indicative of how absolutely scandalous Canada’s failure to enforce environmental laws has been over the past 25 years”.

Clearly, this is not the kind of business Canada should be open for.