A New Charter of Rights

Wednesday, June 15th, 2011

A few months ago, I rented a car in Costa Rica. To my surprise, the car rental company offered to provide me with a mobile phone for 30 days with unlimited calling anywhere in the country for just $10. I was shocked at how economical it was to provide the service. When I enquired about pricing, I discovered that costs were low and that prices were influenced more by what people could pay rather than what it cost to provide the service. I wondered why similar service in Canada was 8 times the cost?

Last fall, I contacted Bell Canada to turn off my phone for the 4 months I was planning on being away. They informed me there was a charge to NOT provide the service. The fee for cutting my phone off for 3 months was $40 or $50 for 6 months. I could disconnect completely but the fee for reconnecting was $110. Because of the way Bell structured its pricing, they forced me to pay $40 for no service plus $20 for service (the 4th month) I could not use, for a total of $60.00. My regular bill for that period would have been just $80. My point, as you may well see, is how can Bell realistically charge me $60 to not provide an $80 service? I paid it reluctantly because there was very little I could do about it and there was no other better choice. I was reminded of the 70s when a Bell representative threatened to cut off my service if I didn’t pay $5.00 a month for connecting an answering machine to “their” line. Then there was the time when I had completed my mobile phone contract only to be charged a $50 fee for transferring my account to Pay-As-You-Go. Bring up the topic of mobile phone carriers at any party and everyone has a story to tell.

I don’t want to give you the impression that I think all companies are bad, they are not. This week I had two amazing experiences with (big box) retailers who demonstrated excellent service and customer care which exceeded my expectations. But alas, not all companies operate fairly. There are plenty of companies that adopt policies that take advantage of the customer, especially if there is limited competition.

One of the great anchors we have as Canadians is our Charter of Rights. It protects us against injustice on a variety of human rights’ issues. We do, however, have limited rights and remedies when dealing with companies. Banks, mobile phone companies, cable, and satellite companies all have an internal complaint resolution system which you MUST go through before a government agency will even look at your complaint. It seems like these companies are being protected by the government and it is a violation of a person’s rights to be forced to resolve a complaint the way the company wants to resolve it. No one can slander or demean you for your age, orientation, cultural background, or religion; however, it seems to be quite Ok to cheat you as long as it can be done via “company policy”. Then if you have enough fortitude to fight back, you have to do it on their terms. No wonder nothing changes.

Canadians need a Consumer Bill of Rights which protects them from the subtle and overt economic bullying, intimidation, and coercion that seem to occur far too often. Read any company’s consumer (legal) agreement and discover how few rights you actually have. There are pages of conditions that protect the company and NOTHING which represents the rights of the consumer. The consumer is left with no rights or provisions for recourse because the company can do anything at any time. The agreements are so one-sided they are ridiculous and I haven`t even addressed the issues related to online transactions and the way some websites require you to pay before you get the conditions of sale. If the consumer ever needed representation and defending, it is now!  The federal government should act to establish basic rights that Canadians can expect from companies that do business in Canada.

We are a peaceful people not given to confrontation, but just because we don’t complain or often report unfair practices, doesn’t mean it isn’t happening. If we need a Charter of Rights in everyday living – and we do, then without a doubt, a Consumer Charter of Rights is needed by Canadians to protect them from unfair practices in the marketplace.