Thank you Mr. Chair. Thank you for inviting me to appear before the committee. I am delighted to be able to discuss some issues with you this morning.
I am a researcher with the Réseau de la Justice fiscale, an organization that looks at the policy aspects of fighting tax havens. We have close ties with various comparable organizations around the world, such as the Tax Justice Network, in London, and Canadians for Tax Fairness. Dennis Howlett from that organization has also appeared before this committee.
I have also written books about tax havens, including Paradis fiscaux: la filière canadienne, which has been translated under the title, Canada: A New Tax Haven. In collaboration with tax law professor André Lareau, who also appeared before the committee last week, and on behalf of the collective known as Échec aux paradis fiscaux, I have also written this report, Paradis fiscaux : des solutions à notre portée. It is specifically directed to federal legislators in Canada, and has been translated under the title Solutions within our reach. Copies are available here. Instead of saying that Canada cannot act alone, it raises the question of why Canada is the only country that has not taken action.
I have a doctorate in philosophy from the Université Paris 8. I was recently appointed research director of the Collège international de philosophie, in Paris. I have studied tax havens from the perspective of political thought. I think this matter requires an interdisciplinary approach. In other words, it requires analysis from economists, legal specialists, and tax specialists, as well as political scientists and thinkers in the social sciences.
With respect to the administrative, legal and technical aspects of tax evasion and tax havens, I agree with many of the statements made before the committee last week by Arthur Cockfield, Dennis Howlett and André Lareau. I agree in particular that the Canada Revenue Agency is sending the wrong message when it negotiates reduced sanctions for potential tax cheats, especially when it argues that it costs less to reach out-of-court settlements with potential tax cheats as compared to what a court would rule, rather than following through with legal action. There was a sad joke by Charlie Chaplin that if you kill someone, you are a criminal, but if you kill millions, you become a hero. This could apply by analogy to the loss of capital.
The problem is that, under the rule of law, the law must not be negotiable in a narrow-minded way. We must not view the duty to enforce the law as an accounting exercise. I am thinking of the arrangements that have become public knowledge recently, whereby individuals could negotiate to have no record, no penalties and reduced interest rates on amounts that the Canada Revenue Agency considered to be problematic transfers. I will not get into a legal debate here, since the matter could not be thoroughly analyzed before a court.
Since what I am proposing involves a complementary approach, I would add that, despite the technical, legal and administrative issues raised here, we have to look at tax avoidance in diplomatic terms. We have to look at the international structure of the problem and not just the domestic issues. This is not an issue that can be negotiated and it is not merely a legal issue.
In Canada, it seems that the federal executive branch and public institutions are not giving serious and active consideration to what tax havens represent internationally.
It is telling that, when the Panama Papers affair hit the press, every day the main leaders of the countries in question, including Barack Obama, Angela Merkel, David Cameron, François Hollande and so forth, stepped up to the plate. In Canada, however, aside from a few surreptitious appearances by the Prime Minister, it fell primarily to the Minister of Revenue, Diane Lebouthillier, to tackle the issue and speak for the government. One would certainly have expected the Prime Minister's Office, Global Affairs, and perhaps Finance Canada to step up and take on the issue, as we saw in other countries around the world.
Why is that the case? Because lax jurisdictions or tax havens and, in broader terms, free zones and regulatory havens, are not states like other states. They are in fact adversaries of the rule of law. Very often, the laws in lax jurisdictions or tax havens is specifically designed to neutralize the law as it applies in other countries under the rule of law. In that sense, it is an adversary of the rule of law or of the way countries impose the rule of law in their territory.
Tax havens and lax jurisdictions, including the British Virgin Islands, Panama, Hong Kong, Bermuda and so forth, have laws that often allow the creation of entities within their territory—tax-exempt companies, international companies and certain kinds of holding companies—that pay no tax whatsoever on their capital assets. These companies are nearly free of state monitoring as regards the identity of rights holders, providing that the capital held by these companies does not have any impact on the country's domestic life. For example, a tax-exempt company here would not pay any tax providing that it does not have any activities in Canada.
Lax jurisdictions regulate assets, activities, and players all over the world except in their own jurisdiction. In this regard, it could be said that a government such as Canada's, through its embassies and department of global affairs, should point out to those countries that their laws go beyond the prerogatives of their sovereignty because they pertain to assets, players, and activities that have nothing to do with what is happening within their borders.
This has very serious effects on local populations. First, billions of tax dollars are lost, which has a huge impact. This explains the austerity plans of various governments here and around the world. Secondly, the state cannot even play its legal role in governing how these entities conduct their activities.
My point is that this is a political and diplomatic issue.