Cannabis and culture #nlpoli

Politics and policy are much more complicated things than they appear to many people. Change is possible, but effective change can only come if we see the world as it is, not as some people imagine it might be.

Canada’s legal cannabis policy in most Canadian provinces is a failure.

There are not enough legal cannabis stores to meet demand.  The gap in price between legal and illegal cannabis is growing.  The supply of legal cannabis is spotty and there are still complaints about the quality of what stores have on their shelves. By contrast, the illicit market is apparently thriving. 

The reason that the policy failed is that it was driven by established bureaucratic interests from law enforcement and health and addictions who opposed legalization in the first place.  That led to a policy that placed the maximum emphasis on restriction and limitation of access.

What most governments in Canada ignored is the highly developed, private sector alternative that had been delivering cannabis to retail customers across the country for decades.  The industry survived despite the most severe restrictions that Canadian law could impose.  It *was* illegal to possess cannabis, after all, under any circumstances, for most of the last 60 years or more.

Governments just don’t do “business” very well.  They aren’t organized for it and – what’s more important – the people inside the organizations don’t think about problems the same way people in business do.  In fact, they don’t think about most things the way people outside government do. 

The Turmoil and Topsy Turvy #nlpoli

With so much changing in any office,  what has "always" been done really only goes back to the time of the last person who came in the door.

In Newfoundland and Labrador,  the provincial government has been censoring laws since 2012.

That's sounds absolutely insane to anyone in the province and outside, but that is undeniably the case.

Orders-in-Council are a type of law.  They are the decisions of the Lieutenant Governor-in-Council under powers granted by specific laws or from something called the Royal prerogative.  They are public documents and in every Westminster-style government they are published regularly, without any form of redaction or censoring.

Except in Newfoundland Labrador.

Even in Newfoundland and Labrador, the idea of secret laws in a democracy would be downright sinister if it wasn't for the comical way the whole nonsense started and the reason it carries on.

Get Knotted Doc O'Keefe #nlpoli

No one should be surprised that St. John's mayor Doc O'Keefe is huffing and puffing over comments by former mayor Andy Wells to the effect that O'Keefe's crowd had been doing things improperly if not illegally at city hall.

"You've got a council that's been profligate, wasteful, irresponsible and certainly immoral and possibly illegal," Wells told reporters outside Monday night's council meeting.  It's along the lines of Well's comments last September.

There's only one reason O'Keefe is pissed:  Wells is right.

And for the first time in a long while someone is calling out the arrogant, secretive O'Keefe on the shit-show he's been running in the city for the past five or six years.

The Sunshine List Case hits the court #nlpoli

The public sector unions' attack on freedom of information is finally in front of a judge.  The unions want to  block disclosure of the names of public servants in response to a request from the Telegram's James McLeod for a list of public service positions in which the person holding the job makes more than $100,000 a year.

McLeod is compiling the list because both the former administration and the current one have committed to publishing one but haven't done so yet.  Several other provinces publish similar lists of public employees who make more than $100,000 a year.

The union's says it's okay to disclose the position title and income but McLeod shouldn't  have the name of the person holding the job.  It's a insane argument since there is no practical way to withhold either of the three elements of the request - name, position, salary - such that a person couldn't make up the list after a couple of requests. It's an insane argument from because the unions don't oppose disclosure of the name and position separately from the salary.  Well, at least they haven't objected so far.

But the position taken by the unions doesn't make sense for a bunch of other reasons.

No help, not my department, and missing records #nlpoli

Starting a little over a hundred years ago,  the Government of Newfoundland  publishing a list of public servants by name, showing their job title, the department they worked for,  the annual salary,and the Christian denomination to which they belonged.

Since 1981 and the passage of the first freedom of information law in the province,  anyone in Newfoundland and Labrador has been able to request information about people employed by the provincial public service.  You can get the title of a position, the name of the person currently holding the job and the amount paid to the person for doing the job.  The House of Assembly reaffirmed that right in the 2002 version of the access to information law,  the infamous Bill 29 amendments, and in the current version, drafted in 2014 by an expert panel.

Telegram reporter James McLeod sent a series of requests last winter to government departments and agencies.  He asked for a list of positions in which people on the government payroll made more than $100,000.  McLeod was trying to put together his own version of a so-called Sunshine List. Most organizations answered McLeod's request and provided him with the list.  There was no legal reason to withhold the information.

What the English school district did was fascinating.

Illegal deletions okay in NL: access commissioner #nlpoli

Shortly after he took office a month or so ago,  newly appointed information commissioner Donovan Molloy told CBC there had been a "substantial increase" in the number of access to information requests since 2015 when the House of Assembly passed a new access to information law.

True, said the always accurate labradore, but that was only in relation to the two years when Bill 29 seems to have reduced the number of requests. People had filed 343 access requests up to the first part of August. That would work out to about "800-and-some requests completed for the year," according to labradore, "which would be something of a surge compared to Bill 29 levels, and even, to a lesser degree, compared to pre-29 levels.*

"But, apart from a hypothetical surge during the balance of the fiscal year, the statistics do not support the Commissioner’s concerns. ... To the extent that there has been a surge in request volume since the 2015 unravelling of Bill 29, that may just as easily be accounted for by the fact that, in the post-Bill-29 era, the public is simply more aware of their right to access public records, and, thanks to the elimination of application fees and the praiseworthy creation of an online filing system, more able to exercise that right."

Those comments are a good starting point, though for a couple of posts on the current state of the province's access to information law.  What you will see in this two-part series is that there are  enormous obstacles to public access to government information.  The obstacles come from the way bureaucrats apply the law.  They produce their own problems and, in one of the most serious obstacles, illegal censorship gets the seal of approval from the province's information access watchdog.

The word is "curious" #nlpoli

B'y, it is really hard to call the changes announced on Wednesday as a "shake-up" of the public service or any kind of major change to anything really.

Aside from chucking a very small number of people out the door,  this change to the structure of government didn't do much of anything but leave you wondering what the point was.

There have been rumblings of these changes going back months.  Folks looking for some sort of massive shake-up in the fall might be disappointed to discover this was it.  Most likely the next big news we will get is in the budget next spring.

But let's run through Wednesday's head-shaker-upper-whatever.

Bill 29 didn't go far enough: public sector unions #nlpoli

The teachers' union doesn't want the public to know the names of public servants in Newfoundland and Labrador.

The news late on Thursday is that NAPE - the province's largest public sector union  - and the nurses' union are thinking about joining the fight against the public's right to know who works for the public service and what they earn.

The teachers' union is going to court to try and block disclosure of the names of public servants in response to a request from the Telegram's James McLeod for a list of public service positions in which the person holding the job makes more than $100,000 a year.

McLeod is compiling the list because both the former administration and the current one have committed to publishing one but haven't done so yet.  Several other provinces publish similar lists of public employees who make more than $100,000 a year.

The teachers' union says it's okay to have the position title and income but we can't have the name of the person holding the job, even though that information is readily available under access laws in every province and the federal government and it's been legal to obtain in this province for 35 years. Neither the teachers' union nor any other public sector union has raised this as an issue in the 35 years since the first provincial freedom of information law passed the House of Assembly in 1981.

Doesn't make sense, right?

Of course, it doesn't.  At least, it makes no sense if you look at it from the public interest.

It only makes some sense if you understand that these folks complaining about public disclosure aren't concerned about the public interest at all on any level.  They are concerned only about their own interest.   Unions who have members who will turn up on the lists are defending positions every bit as as private and self-interested, in other words, as the people the unions have been quick to attack for running public-private partnerships.  The hypocrisy is staggering but, sadly, not surprising.

None of the folks criticising the public disclosure have offered a solid reason why the information shouldn't be public.  Most of what they've claimed are undifferentiated fears of what unnamed people might theoretically do with the information.  They might... you know... gossip.  or worse,  the complainers have just offered the view that adding the names is unnecessary or serves no "journalistic" purpose.

What's most striking about these complainers is not the fact they offer no substantive argument, nor even that they don't feel the need to offer an mature, coherent, intelligent reason for their position.  It's the intensity of their feelings, of their unfounded fear.

Many of the people making big money are professionals:  teachers, lawyers, judges, university professors, nurses and doctors. We all know they make higher salaries than the average. They went to school for a long while to learn their business and they work pretty hard.

In other instances, like say a lineman working for Nalcor,  their pay reflects the hard nature of the work they do.  Master mariners make good money.  The job they do takes skill and carries a lot of responsibility.  As for the rest, presumably they are well qualified for the jobs they have, too. teachers, for example, are paid based on their educational qualifications, responsibilities, and years of service.  There's a correlation between their merits and their compensation. For all these folks, the pay and other benefits they get were set by government, not them, and should be enough to compensate them for the work they do on behalf of the public.

Yet they act like they are ashamed of something or like they should be ashamed of something.  If these folks and their unions are indeed feeling a wee bit guilty then maybe we ought to do more than just publish a sunshine list. Maybe there is a bigger problem here yet to be discovered.

The last time someone tried to turn back the clock on the public's right to know we got Bill 29.  As it stands right now,  the province's public sector unions want to take us back to the time before the first freedom of information law.   Since they haven't offered a single good reason for their agitation, you really have to wonder what's driving their anxiety.

-srbp-

A mess in the government access and privacy world #nlpoli

Two recent stories about the province's access to government information and privacy laws.

Both of them are essentially nonsense.

Short version for the new administration:  cock-ups in comms and access to government information helped destroy the Conservatives.  Since you've already got big communications problems, adding screw-ups in ATIPPA to the mix is just no good at all.

Cabinet documents and no brainers #nlpoli

Years ago,  a couple of enterprising reporters at CBC submitted what was then a request under the Freedom of Information Act for information about entertainment expense allowances for senior bureaucrats and cabinet ministers.

They got the information and aired a story that claimed that, in a time of great restraint,  the government had increased the budget for entertainment. It was a wonderful story that made the government look bad and that raised all sorts of self-righteous indignation about fat-cat politicians and bureaucrats living it up while the poor folks suffered.

Wonderful story.

Just not true.

The Political Game of Stupidity #nlpoli

Last week,  the provincial Liberals came out of the candidate protection program to talk about the Dunphy shooting.  Liberal justice critic Andrew Parsons told Newfoundlanders and Labradorians that his party thought it was too soon to talk about any type of further inquiry into the tragic shooting death of Don Dunphy beyond what is going on at the moment.

And besides, as Parsons’ put it, “I think to just jump out and (call for an inquiry) right now is just playing politics.”

Liberal candidate Paul Antle echoed Parsons’ sentiments on Twitter.  “ For the love of God let's do what's right by the family and keep politics out of it, wrote Antle.  “Let the process and not politics determine the course and see where it leads.”

Too bad for the Liberals, then, that Erin Breen, the lawyer for the Dunphy family, made it plain last week that the family wants a public inquiry into Don Dunphy’s death.  They just want it after the preliminary investigations are out of the way.

The result was that the Liberal comments last week were monumentally stupid whether as politics or policy..

10 years later #nlpoli

Today marks the 10th anniversary of the first Sir Robert Bond Papers post.

In July 2004,  I wrote and released a paper that tried to “examine offshore oil revenues and the Atlantic Accord in light of what the Accord actually provides.It was an attempt to evaluate the provincial government's proposal based on what had been made public to that point.”

Which is to be master?  was supposed to be the first of a series of papers on different public policy issues.  Each would have a different author.  They would appear from time to time in order to foster “public discussion of issues affecting Newfoundland and Labrador.”  The title of the series was going to be The Sir Robert Bond Papers.

Insider baseball, again #nlpoli

Paul Davis delivered one of the shortest victory speeches Saturday night of any person elected to lead a party in power.

Davis said very little but what he said might reveal much:

This weekend we started down a path, a path to rebuild the PC Party of Newfoundland and Labrador, and I ask all of you to work with us as we work together and continue on that path to rebuild our party for the future and prepare for 2015. [via The Telegram]

Davis wasn’t alone in saying that. Rebuilding the party in order to defeat the Liberals was a common theme.

After a while, though, it seemed a bit…well… odd.  After all, Davis was the leader of the party in power, with a majority of seats in the legislature.  Sure, the party is in second place in the opinion polls but that’s not the same as the result of an actual election.

A fitting reminder #nlpoli

Tom Marshall has a few days left as premier so he figured the best thing to do would be to name the courthouse in Corner Brook after Danny Williams,  Marshall’s patron.

One of the reasons Marshall gave for his decision was that the province has not done as well as the time when Danny Williams was Premier. 

Marshall couldn’t have found a more fitting legacy for Danny Williams if he had really tried. After all,  The courthouse and Williams go together

Amnesia #nlpoli

This week we should find out when the provincial Conservatives will have their leadership convention.

The talk around town late last week was that the crowd Danny Williams once called a Reform-based Conservative Party would be looking at May or June.  One of Williams’ former staffers turned up on local television on the weekend talking about the problems the party was having finding a hall, what with all the concerts and conventions and stuff on the go.  Steve Dinn talked about having to postpone the leadership convention to some time in the fall, maybe.

What a contrast to what the Progressive Conservative Party used to do.  

The Beast #nlpoli

This week, people across Canada who are interested in the public right to access government information mark a thing called Right to Know Week.

It’s a time to “raise awareness of an individual’s right to access government information, while promoting freedom of information as essential to both democracy and good governance.”

People who are genuinely interested in a healthy democracy and in the effective operation of our federal, provincial, and municipal governments support freedom of information. 

It’s that simple.

The 2013 Q1 Churn Appointments #nlpoli

One of the great things about having orders in council readily available is that people can find information.

That’s exactly why the current administration has kept them as secret as possible since 2003 and continue to censor them, even though orders in council are entirely public documents.

But at least in the wake of the Bill 29 Freedom From Information measures,  the Conservatives seem to have been shamed into opening the vault on their secrets a bit even if they still censor public documents.

One of the things we can now readily see, though,  is the number of appointments made by cabinet in the first quarter of 2013 to deputy minister and assistant deputy minister jobs.

Influence and Manipulation #nlpoli

Public opinion changes.

Individuals don’t hold exactly the same attitudes about things throughout their entire lives.

That’s true of how the typical man or woman feels about clothing styles, cars, movies, books, politics, or just about anything else.

Not surprisingly in a society like ours, there are people who want to try and change opinions and attitudes.  They want to persuade people to buy a product, support a political decision or stop doing something like smoking.

Also not surprisingly, we have some basic ideas about how people should do that.

A Record of Manipulation #nlpoli

With a tip of the hat to Gerry Rogers and Andrew Parsons, here are some posts from the SRBP archive that all bear on the current political mess in which the provincial Conservatives find themselves.

“Playing the Numbers”  (August 2006) One element of the program involves aggressively pushing out their own message, especially when their pollster is in the field.   The first of the original three-part series that described the Conservative media strategy.  There’s a lot more to it than just online polls. Follow the links for the other two.

Freedom from Information  (Various)  Bill 29 was just the latest in a long string of efforts by the Conservatives to restrict what the public knows.  Controlling information is another key element of the government program.

“Mark Griffin:  traitor”  (February 2009)  A third element of the program involved efforts to suppress dissent.  Mark Griffin was an especially glaring example. There have been lots of others, reported and presumably unreported.  Write a letter? Get a call. 

“Everything else is advertising”  (December 2009) News is everything they want to keep you from seeing.  There’s no story here.

“Deep Throat” (February 2010) Someone inside the provincial Conservative crew leaked the messages about poll goosing. Earlier, someone (else?) dropped a quarter and ratted Danny’s secret heart surgery out to NTV.

“The Screaming of the Banshees”  (February 2010)  NTV broke the story.  The Conservatives mount an organized attack on CBC.  Some people still think that the who horde of people saying exactly the same thing arose spontaneously.  Sure it did.

“Planted Calls and Personal Threats Against Talk Show Host Revealed”  (August 2010)  Randy Simms, interviewed by Geoff Meeker, included a text-book definition of a planted caller.

“Enough of the Political Day-Care” (March 2012) As soon as you read it, you will remember the episode.  What might leap out more for someone of you now than before is the idea that calling Open Line was a threat that struck fear into Tory hearts.

-srbp-

Executive Politics and Muskrat Falls #nlpoli

In this series, we are not concerned with whether or not the Muskrat Falls project is good or bad. That is a separate issue.

Nor are we presenting information you shouldn’t already have.  Very little of what you will read should come as a surprise, especially if you  read SRBP regularly.

Rather this series is an effort to develop some explanations about why the provincial government’s energy company has been working on the Lower Churchill Project continuously for 15 years and yet has produced nothing.