Extracting Truths: State Regulation and the Canadian Ombudsperson for Responsible Enterprise

Abstract

Taking the Canadian Ombudsperson for Responsible Enterprise (CORE) as its empirical focus, this study engages in a critical analysis of (capitalist) state regulation and corporate social responsibility as it relates to the Canadian extractive industry. Using a theoretical-analytical combination of Marx’s ideology theory and critical discourse analysis, the study explores discourses pertaining to the introduction, creation, and role of the CORE – the Canadian state’s most recent response to corporate harms and crimes within the industry – to uncover the factors that shaped this process. Further informed by critical criminological literature on corporate crime, the study found that dominant neoliberal capitalist narratives prevailed in determinations of which regulatory approach should be adopted by the state. Dominant voices sidetracked counter-hegemonic claims in debates about human rights and international development by prioritizing the economy, leaning on Canada’s “good” global reputation, downplaying the violence of the industry, and redirecting blame. Ideological assumptions about the nature of state regulation, corporations, and capitalist law and politics further influenced which knowledge claims “won out.” Despite the emergence of the CORE as a logical state response to corporate crime and impunity, however, debates about its role are ongoing. This not only reinforces the idea that (capitalist) dominance is never absolute but signals the ever-present nature of resistance and possibility for change.