Canada’s Passage of Transparency Modern Slavery Legislation: How the domestic landscape shaped the law

Abstract

Countries, primarily in the Global North, have been implementing transparency and corporate sustainability due diligence laws. These laws seek to increase corporate accountability for various human rights, environmental, and modern slavery offences in global supply chains. Three legislative models have been adopted: 1) Disclosure or Transparency laws; 2) Mandatory Human Rights Due Diligence (MHRDD) laws; and 3) MHRDD laws with civility liability, which is considered best practice. In this article, I evaluate the factors that influenced the adoption of a particular legislative model in various countries and specifically examine what factors influenced the passage of transparency legislation in Canada. I argue that despite international pressure on Canada to enact legislation, it was ultimately features of Canada’s domestic political economy that determined the enactment of a transparency law. These features include Canada’s membership of the Anglosphere, its powerful mining industry, the advocacy of civil society organisations, key parliamentarians, and ruling political party principles.