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A(another) damning report on Canada's federal access-to-information performance
Strong and robust rights for access to information held by federal government departments helps citizens hold their government to account, learn about their government, and increases transparency and accountability. I think we're all agreed on that point, are we? Of course we are.
And yet, despite broad agreement to that principle, one government after another continues to pay mere lip service to ensuring that federal government departments, boards, and agencies live up to the spirit and principle of the federal Access to Information Act.
The latest evidence? The annual “Report Cards” from the federal Information Commissioner. Because successive federal governments (both Liberals and Conservatives are culpable here) have failed to give the Information Commissioner any real legislative “teeth” to force change, all the Information Commissioner can do is use the carrot of public praise and the stick of public shame to encourage change.
The commisioner, Suzanne Legault, has a few carrots:
I congratulate Atomic Energy of Canada Limited; the National Arts Centre; the Office of the Auditor General; the Office of the Privacy Commissioner; and VIA Rail for achieving these strong compliance rates with the Access to Information Act.
But mostly, Legault is forced to pull out her stick for a few well-placed whacks in some departmental behinds:
… we did see some of the worst results in the 12 years that we have been doing the report cards. We issued a red alert this year to the Canada Post Corporation, which means that its performance was so far off the chart that we were unable to ascribe a rating …
We also issued a failing grade this year to the Canadian Broadcasting Corporation. …
Legault also notes that one of the centrepiece pieces of legislation in the Harper government's first term — the Federal Accountability Act — has been a bust when it comes bringing more transparency and accountability on access to information:
After more than three years of experience with the changes introduced by the FedAA, it is my view that the FedAA resulted, at best, in marginal advancements for transparency. The legislative scheme increased the number of institutions covered by the Act by 70, which represents about 2% of all requests received in 2009-2010. At the same time, however, it introduced new exemptions and exclusions that prevent the Act from being applied generally.
Improved deficit picture means Flaherty will have room to play with federal budget, TD says
The number crunchers at the TD Bank are out this morning with a report [PDF] that says, among other things, that the federal government's deficit for the current year will likely be $5.9 billion less than what Finance Minister Jim Flaherty predicted in the fall economic update. We'll still be $39.5 billion in the hole but that extra deficit headroom could give Flaherty a little more freedom to move when he tables the 2011 on March 22.
The assumption underneath the TD forecast is a “status quo” situation at the federal level. In other words, if there are no major tax changes or spending items, the deficit is $5.9 billion better this year and a whopping $8.1 billion better for the fiscal year that ends March 31, 2012.
Now: Does Flaherty spend a little bit of that on, say, some NDP demands to win their support of the budget. Or does it mean that spending cuts everyone agrees he has to make to bring us back to balanced budgets on his timetable will be less painful?
TD deputy chief economist Derek Burleton and senior economist Sonya Gulati have this cautionary paragraph in their report [PDF]:
Despite this improved leeway, the government faces significant medium-term fiscal challenges. For one, the government’s minority status in Parliament will likely necessitate some additional spending that will erode off a bit of the fiscal room. We discuss some of the speculated announcements and their costs in the final section of this report. Second, since the government continues to rule out tax increases, the revenue line can only inch up so much. To achieve budgetary balance then, the medium-term fiscal plan hinges on its ability to wrestle annual program spending growth down to an average 1.1% per year through FY 15-16. Such a feat would represent one of the most prolonged periods of federal fiscal restraint in the Post War era and coincides with a time when age-related spending pressures are intensifying. As such, providing more detail as to how the medium-term plan will be achieved – and especially how government will achieve its spending targets – is encouraged.
Updating the paperwork on the "in-and-out" charges
A couple of “primary sources” which will likely be a useful reference down the road:
First, the “charging document” laid before the Ontario Court of Justice in which the Conservaitve Party of Canada, Senators Irving Gerstein and Doug Finley and two former party officials, Susan Kehoe and Michael Donison, are accused of violating Canada's election laws.
Charge Sheet for Conservative Party, Doug Finley, Irving Gerstein, Susan Kehoe, and Michael Donison
Second: The 57-page “Reasons for Judgement” released by the Federal Court of Appeal when it overruled a Federal Court of Canada judge in deciding that Chief Electoral Officer was right to withhold rebates for the expenses at the heart of the “in-and-out” affair. This Federal Court case is a different one than the case that will be heard at the Ontario Court of Justice. But though the issues before the court are different, both sides are expected to rely on some of the same evidence and some of the same arguments at the court of justice.
The Kenney Branding Strategy: "We Are Losing" but "We Are Losing Less Badly"
Immigration Minister Jason Kenney has long been leading a concerted effort by the Conservative Party to reach out to first-generation Canadians, a group of immigrants that have historically been more likely to vote Liberal than Conservative. Kenney has had some success but, as the Conservatives now recognize in an accidentally leaked presentation, “Data Proves Hunch: We Are Losing” though, “We Are Losing Less Badly Now.”
For example: According to the data in the presentation, the Conservatives were once winning just 17.9 per cent of the vote in those polls in the Toronto with a 416 area code where 40 per cent of voters are Chinese. By the 2008, general election, the Conservatives had nearly doubled their support in those same polls to 33.3 per cent — a strong improvement but not enough to steal seats.
The Conservatives want to do better in the next general election which — as you'll see in the presentation below — they believe will begin in late March. And so the Conservatives are/were all set with a radio and television advertising strategy that would have a “heavy deployment” beginning on March 15 and running for two weeks. That information comes on a page – page 17 below — that is titled “TV Buy Costs – Pre Writ”, an indication that the Conservatives, at least, believe the country will be into a general election campaign two weeks after this ad buy starts. Any ad spending between now and the writ period, of course, doesn't count against the spending limits imposed during a campaign.
A note on the provenance of the information below: The information was distributed to members of the Parliamentary Press Gallery by the NDP. The NDP came to be in possession of this information because it and a cover letter seeking some help for a $200,000 fundraising campaign to pay for these ads was accidentally addressed and hand-delivered to NDP MP Linda Duncan who happens to have the same last name as Conservative MP John Duncan. The original set of documents from the NDP contained 29 pages but many of the pages were duplicates. I have removed the duplicate pages and presented these documents as distributed by the NDP. So far, we have heard nothing from the Conservatives to suggest these documents have been altered or are fake. Indeed, in a talking point memo distributed by the Conservative Party yesterday to all of its MPs, the Conservatives appear to make no apologies for this kind of approach to winning the support of “cultural communities”.
Jason Kenney presentation – Building the Conservative brand in cultural communities
Info-bot leaps into action on Kenney aide resignation
One of Immigration Minister Jason Kenney’s political aides was forced to resign Thursday after accidentally sending confidential Conservative campaign strategies and a request for $200,000 in campaign funds to an NDP MP. The employee, Kasra Nejatian, had been Kenney’s director of multicultural affairs.
This evening Conservative MPs got the following message in their in-box from the Conservative Party of Canada message center/info-bot:
Today, a letter regarding Conservative Party business was mistakenly printed on House of Commons letterhead. The letter encourages riding associations to make a financial commitment for the next election.
- This is very serious and unacceptable.
- The employee responsible for this matter has offered the Minister his resignation and the Minister has accepted it.
- Minister Kenney has taken responsibility for this and has apologized for his former employee's actions.
- Using parliamentary or government resources for partisan activities is completely unacceptable.
- Minister Kenney will be raising this matter with the Speaker of the House, the Ethics Commissioner and the Board of Internal Economy.
If asked if Minister Kenney instructed this employee to send this letter:
- Minister Kenney gave the instruction to have riding associations contacted.
- But as is always the case in these matters, he fully expected that this would be done after hours and on the appropriate letterhead.
- As previously stated, this employee has offered Minister Kenney his resignation and Minister Kenney has accepted it.
If asked on the purpose of the deck:
- Since its creation, the new Conservative Party has made earning the support of Canadians of all ethnic backgrounds a priority.
- We will continue this important work and will make no apologies for it.
James Travers: 1948-2011
Prime Minister Stephen Harper:
I was deeply saddened today to learn of the passing of James Travers.
Former editor-in-chief of the Ottawa Citizen and columnist for the Toronto Star, James was a leader in his craft. Whether in Ottawa, Zimbabwe, Cyprus, or throughout Africa and the Middle East, James exemplified the professionalism and integrity that are the foundations of good journalism. His passing is a significant loss to the Canadian journalism community.
On behalf of myself, Laureen and all Canadians I extend my deepest sympathies to his wife Joan and his two sons, Patrick and Ben.
The thoughts and prayers of all Canadians are with his family and friends during this difficult time.
Liberal Leader Michael Ignatieff:
Jim Travers was one of Parliament Hill’s most distinguished must-read national affairs columnists. His succinct turn of phrase, sharp analytical skills and measured approach to his subjects were greatly admired by his followers and colleagues. On a personal level, he was always amiable and approachable, a consummate professional whose deep knowledge of politics was matched by his good nature and quick wit.
On behalf of the Liberal Party of Canada and our parliamentary caucus, I offer my deepest condolences to Jim’s family, his wife Joan and sons Patrick and Ben, and his many friends and colleagues. He will be deeply missed in the hallowed halls of Parliament Hill.
The Toronto Star: Star Columnist Jim Tavers dies
The Ottawa Citizen: Former Citizen editor James Travers: passionate, compassionate journalist
Canoe: Star columnist dies
From the House of Commons today:
Mr. Pat Martin (Winnipeg Centre, NDP): Mr. Pat Martin (Winnipeg Centre, NDP): Mr. Speaker, members of the NDP caucus were shocked and profoundly saddened to learn today of the most untimely death of our friend and colleague on the Hill, Jim Travers.
Jim was a seasoned veteran journalist and a consummate professional who was an inspiration and a mentor to many. “The kind of journalist I aspire to be”, one press gallery member said today. He was an old-school guy who would never burn a source, never pull a punch and never hesitate to speak truth to power in the finest tradition of his honourable craft, and he did so with a sense of humour and a turn of phrase that was always pithy, unique, clever and memorable. The man could really write.
In all of his many roles in an illustrious career, Jim represented the very best of journalistic integrity. His colleagues at the Toronto Star have lost a dear friend and an inspirational leader.
Our deepest heartfelt condolences go to Jim's family. His many friends on Parliament Hill will miss him profoundly, and I am proud to have called myself one of them.
Hon. Bob Rae (Toronto Centre, Lib.) : Mr. Speaker, I rise with sadness today to speak on the passing of a good friend, a fine Canadian and a great journalist, Jim Travers.Jim was a true gentleman whose rumpled presence concealed a sharp mind, a lovely sense of fun and a great pen. He had a distinguished 40 year career in journalism, both at home and around the world. He was editor in chief of Canada's largest newspaper, The Toronto Star, as well as a mainstay of the Ottawa Bureau.Jim was rightly honoured by his colleagues, winning the Charles Lynch Award in 2005 and the National Newspaper Award in 2010.We will all miss his keen mind and shrewd analysis, but even more, we will miss the warmth and kindness he showed to so many of us.He had a deep love of our country and a profound respect for the importance of our democratic institutions and traditions, and he would have been annoyed with me for not being able to get through this without crying.Jim's passing leaves so much behind. Great friend on all sides of politics and journalism, but also a hole in our hearts. We send our deepest condolences to his wife Joan and children, Ben and Paddy, and his wider family.
The Duncan karma: Kenney accused of using Parliamentary resources for partisan fundraising
Back during the Great Coalition Attempt of late 2008, the NDP sent out a notice to all its MPs for a top-secret conference call with leader Jack Layton and others where NDP MPs learned of ongoing negotiations to establish a Liberal-NDP coalition that would have been supported by the Bloc Quebecois. We know about the contents of that call because some poor NDP staffer sent the notice — complete with the conference call codes – not to Linda Duncan, the Edmonton NDP MP, but to John Duncan, the Conservative MP. Duncan listened in and the tape went viral.
Well the karma has come back.
Minister Jason Kenney wrote a letter this week he thought to John Duncan but instead it went to Linda Duncan.
More importantly, the letter is written on Parliamentary letterhead and its content is a clear solicitation for $200,000 in funds the Conservative Party would use to build “the Conservative Brand in Cultural Communities.” Kenney now stands accused of improperly using House of Commons resources for partisan purposes. Here's the letter:
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By the numbers: Prisons, police top Ottawa's spending plan while environment and culture at the bottom
Following up on yesterday's tabling of the 2011-2012 Main estimates, this chart tracks the changes in planned spending spending area or sector, ranked by the percentage change in spending in that area. The comparison here is from the 2010-2011 Main Estimates to those tabled yesterday.
| Sector | 2012 plan ($,000) | Change $ | % |
|---|---|---|---|
| Security and public safety programs | 8,698,421 | 797,372 | 10.1 |
| Justice and legal programs | 1,531,607 | 70,447 | 4.8 |
| Transportation programs | 2,994,884 | 77,424 | 2.7 |
| International, immigration, anddefence programs | 29,827,783 | 457,823 | 1.6 |
| Parliament and Governor General | 606,155 | 2,871 | 0.5 |
| Social programs | 117,299,593 | -945,135 | -0.8 |
| General government services | 34,269,327 | -418,875 | -1.2 |
| Cultural programs | 3,799,448 | -177,128 | -4.5 |
| Environmental government services | 9,865,695 | -1,615,721 | -14.1 |
| Industrial, regional, and scientific/technological support programs | 10,468,659 | -5,234,212 | -33.3
|
Departmental changes in the government spending plan: Comparing the numbers
Following up on yesterday's tabling of the 2011-2012 Main estimates, this chart tracks the changes in planned spending by department, ranked by the percentage change in spending by the department. The comparison here is from the 2010-2011 Main Estimates to those tabled yesterday.
| Department | Change (000)$ | % |
|---|---|---|
| Treasury Board | 924,426 | 18.2% |
| Public Safety and Emergency Preparedness | 797,352 | 10.1% |
| Foreign Affairs and International Trade | 351,889 | 5.9% |
| Justice | 70,447 | 4.8% |
| Veterans Affairs | 120,626 | 3.5% |
| National Defence | 190,691 | 0.9% |
| Indian Affairs and Northern Development | 47,248 | 0.6% |
| Governor General | 109 | 0.6% |
| Parliament | 2,764 | 0.5% |
| Human Resources and Skills Development | (95,124) | -0.2% |
| Citizenship and Immigration | (5,786) | -0.4% |
| Privy Council | (1,761) | -0.5% |
| Canadian Heritage | (54,007) | -1.7% |
| Health | (129,847) | -2.5% |
| Finance | (2,866,480) | -3.2% |
| Canada Revenue Agency | (183,384) | -4.1% |
| Fisheries and Oceans | (145,052) | -7.4% |
| Agriculture | (314,914) | -8.6% |
| Public Works and Government Services | (261,580) | -9.2% |
| Environment | (335,318) | -17.3% |
| Atlantic Canada Opportunities Agency | (82,239) | -17.7% |
| Natural Resources | (934,857) | -19.7% |
| Industry | (1,321,103) | -20.5% |
| Transport | (3,235,141) | -28.9% |
| Economic Development Agency of Canada for the Regions of Quebec | (132,613) | -30.9% |
| Western Economic Diversification | (233,428) | -54.4% |