Changes in the news media, changes in the audience, and changes in what information organizations provide to the pubic have created the Unformation Age. Information - facts, figures, data - is less important than unsubstantiated opinion assembled to serve a temporary purpose and often lacking coherence over time. This is the abandonment of a common means of assembling information coherently that affects all aspects of society."Deep Dive" is the name that Saltwire gives to its new series that is supposed to give readers more information on specific topics that are of concern across the Atlantic Canada.
The real political division in society is between authoritarians and libertarians.
04 March 2019
Unformation #nlpoli
18 February 2019
Seven Days of Books in One #nlpoli
1. The myth of the strong leader by Archie Brown.
11 February 2019
The Politics of Beige #nlpoli
Utterly undeniable.
Since early 2016, through poll after poll, voters in Newfoundland and Labrador have chosen "None of the Above" when asked what party they would vote for in an upcoming election.
Click to enlarge |
And the Liberals and Progressive Conservatives, the only parties actually capable of presenting an alternative government to voters in an election have been ranging consistently between 20 and 30 percent.
There's no sign of that trend changing.
07 February 2019
Napalm sticks... #nlpoli
That's not really the story of the polls, though and what they might mean.
Here's the pretty chart showing every party choice poll result since 2015 (except for Mainstreet*).
Click to enlarge |
Now here's what it shows.
04 February 2019
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.
30 January 2019
Election year a time for serious issues #nlpoli
This originally appeared in The Telegram, 30 Jan 2019.
28 January 2019
Turmoil, unusual #nlpoli
The Government in Newfoundland and Labrador brings in money revenue per person living in the province than any other government in Canada except Alberta. It's been like that since 2009.
In fact, for a couple of years before 2009, the provincial government posted record cash surpluses based solely on the world price for oil.
At the same time, though, Newfoundlanders and Labradorians have seen an unprecedented period of change in the most senior positions in their provincial government. Political and public service jobs have changed hands at an unprecedented rate.
19 January 2019
The Spring Election - when and why #nlpoli
If - by some miracle - the Liberals manage to win the Topsail-Paradise by-election next week you could be at the polls before the beer turns green for a day.
If you haven't heard that, don't say now that you haven't been warned.
03 January 2019
Mitigating Muskrat Falls: Ron, Harry, and Hermione are still baffled #nlpoli
28 December 2018
The ins and outs of Equalization #nlpoli #cdnpoli
This year's version with Premier Dwight Ball - for NTV (broadcast but not posted yet) and the Telegram, thus far - are no exception. They asked the same questions, got the same replies, and anyone that actually watched or read them got the political-turkey sleepies.
The only spark of life came on NTV when Lynn Burry uncharacteristically lost her composure over Equalization and the amount of money Quebec gets. Burry got so riled up that she actually interrupted Ball just as he started to wander through an answer.
Burry is like a lot of people, especially in the provincial petro-states across Canada, who decided to get angry at "Quebec" for something that happens every year: the Quebec provincial government collects the lion's share of federal Equalization transfers. Provincial governments in Alberta, Saskatchewan , and Newfoundland and Labrador are all in financial trouble and some of the locals, especially politicians in power, complain about what is happening in another province.
The problem with Burry's question - as with the entire Equalization outrage is that it just nonsense. So let's just apply a little insight into the whole business and sort things out.
17 December 2018
A spring election now seems more likely #nlpoli
It's every party choice poll by any firm (less a couple of outliers) all converted, where necessary, to show the results as a share of all choice.
Undecideds are a valid option in the SRBP world.
You can see that the Liberals are still roughly where they were in the middle of the year: hovering just under 30%. In this latest poll they are about seven points ahead of the Progressive Conservatives, which is to say they are really not in a very comfortable spot. They are a minor swing away from being in a bad spot.
The PCs, meanwhile, have been on a slide since the first of the year and they just rebounded slightly. But given that the rebound is less than the margin of error for all these polls, they really haven't to any amount worth speaking of.
The NDP are a dismal, distant, and decidedly irrelevant third.
06 November 2018
The MQO poll and Party Choice #nlpoli
Let's take a look first at the provincial numbers. As usual, SRBP presents the results as a share of all responses, including the refused/undecided/no answer folks. That's why the numbers here are different from the ones used by MQO in its own release and reported by local news media. Go to the end of the post for a brief discussion about the way the data is presented.
MQO kindly provided the data tables for this analysis free of charge. The data collection methodology is theirs. Interpretation of the data here is solely SRBP. There is no business or other relationship between SRBP and MQO to create a conflict of interest.
Contrary to media reports, support overall in the province for the governing Liberals didn't change in the last two quarters of 2018. The Liberals had the support of 29 percent of respondents in Q3 and 28 percent in Q4. Support for the Progressive Conservatives declined by four points - 25 to 21 - while support for the NDP went from 11 percent to nine percent. The number of respondent who refused to answer, were undecided, or planned not to vote grew by five points (from 36 to 41 percent of responses).
24 September 2018
The Windsor Lake By-Election and polling #nlpoli
They'd surveyed 300 people about how they would likely vote and about who they thought would make the best Premier from among the provincial party leaders.
On their choice among the candidates, MQO reported that 41% of decided and leaning voters favoured Paul Antle, 37% favoured Ches Crosbie, and 22% favoured Kerri Claire Neil.
The result on September 20 saw Crosbie win with 43% of votes cast. Antle got 38% and Neil garnered 19% of votes.
Pretty much the opposite of what MQO said.
So MQO got it wrong, some will say.
Others will think that Antle's campaign collapsed and Crosbie surged ahead based on whatever factors they might like to pick.
Well, there are a few problems with either of those scenarios.
18 August 2018
The PUB, Exemptions, and Muskrat Falls #nlpoli #cdnpoli
27 July 2018
Bay du Nord and Equity #nlpoli
Bay du Nord is located approximately 500 kilometres east of St. John's, in between 1.0 and 1.2 kilometres of water. Equinor and its partner Husky Canada believe the field contains at least 300 million barrels of light crude.
The project will cost $6.8 billion to bring into production using a floating production storage and offloading vessel similar in concept to the FPSOs used for Terra Nova (1996) and White Rose (2002). The provincial government acquired 10% equity in the project in addition to royalties under the Offshore Oil Royalty Regulations (2017). The provincial government will therefore pay $90 million initially as well as $680 million during the construction phase.
Project sanction is expected in 2020 with first oil in 2025.
The following table shows a comparison of Terra Nova, White Rose, and Bay du Nord, with all dollar amounts in 2018 dollars.
03 July 2018
Electricity prices, risk, and what the editors didn't say #nlpoli
What Muskrat Falls will do to electricity prices is not funny.
Never was.
But what *is* extremely funny are columns like Russell Wangersky's latest hand-wringer about the most recent round of electricity rates hikes.
Remember when we were told that Muskrat Falls was needed to stabilise electricity rates?
Now, it’s pretty clear that it is destabilising them —- in a frightening fashion.
SRBP. "Fear and loathing on the energy campaign trail" from November 2010.
Note the date.
20 June 2018
Rumpole and the Bleak House #nlpoli #cdnpoli
Those who suffered through the tale of tardy judges will note that this is a new application. The judge who heard the other application in the same dispute has yet to deliver a decision some 18 months later.
The Provincial Court Judges are serious about this. They have retained an army of lawyers all named Susan Dawes.
Most likely to appear for the Crown will be Rolf "Change the regs" Pritchard. He's the ace Crown attorney who first came to public attention during the Cameron Inquiry and who was most recently seen arguing with Bern Coffey - who appeared behalf of a Corner Brook ophthalmologist - about whether people should get cataract surgery in a private clinic and have the taxpayers cover the bill through MCP.
The government's solution to the cataract dispute was to change the hospital insurance regulations. Undoubtedly, officials in the health department cracked open the spare bottle of sodastream water in the health department last Friday to celebrate the loophole they'd closed that allowed a doctor to think they could do that one procedure in their office while everything had to be done in a hospital.
They celebrated too soon. The wording of the new regulations allows doctors to do everything MCP covers outside a hospital, paid for by the Crown, *except* for cataracts.
D'oh.
Don't be surprised if ophthalmologists do everything but cataracts in their clinics and bill MCP for it.
And stand by for the cardiologists and all the other cutters to see what they can do in their private clinics as John Haggie foots the bill for the whole lot.
Meanwhile, the judges in Provincial Court will just have to wait for yet another decision on yet another application in their ongoing dispute. Perhaps they'd have a faster result by praying that someone from Health gets a job as assistant deputy minister in Justice. That might be the only way they will get their problems resolved quickly. The wheels of justice grind exceedingly slowly in Newfoundland and Labrador.
11 June 2018
Rumpole and the Ticking Clock #nlpoli #cdnpoli
Now, now.
The lawyers among you are already spitting their morning coffee across the breakfast table at their long-suffering spouses but it is true.
There are rules.
25 May 2018
Nalcor contractor secrets still safe under revised law #nlpoli
Bill 19 went through second reading on Thursday, putting it one step closer to becoming law by the end of next week. It makes changes to the definitions in the Energy Corporation Act that would, if you listen to the official explanation, prevent Nalcor from holding back the information on embedded contractors that caused such a fuss last year. That's the only legislation changed by Bill 19.
The problem is that the Energy Corporation Act was only part of the legal argument Nalcor made in its decision to withhold financial details. Nalcor withheld the financial information for individual contractors on the basis it was "commercially sensitive information" under the ECA. You can see the whole thing neatly summarised in access and privacy commissioner Donovan Molloy's decision last year on an appeal about the Nalcor decision to withhold chunks of information.
Bill 19 deals with the ECA changes.
But Nalcor withheld other information - related to folks who were working through an intermediary company - using section 40 of the Access to Information and Protection of Personal Privacy Act. Bill 19 doesn't do anything with that so the odds are good Nalcor could still hold back information people wanted.
But it gets worse.
Whoever drafted this bill might think the changes to the EPA were enough to cover the individual contractors.
Guess again.
The words in the ATIPPA might look like they say it is okay to release names, remuneration and other information for public employees but Justice Gillian Butler had other ideas. In her outstandingly twisted and entirely ludicrous judgement in the Sunshine List case, Butler turned out the lights on disclosure of precisely the sort of information contained in the original embedded contractor information requests.
If the law was never an ass before, Gillian Butler gave it two sculpted cheeks and a well defined crack. Even though the words of the law say it is *not* an unreasonable invasion of privacy to disclose names and salaries, Butler concluded that the legislature actually said that information should be be kept secret. The sunshine list law that some people might think nullified Butler's decision only covered disclosure by the provincial government of some information for employees making more than a specific amount. All the requests for information under ATIPPA are still covered by the Butler decision, no matter how much money the employee makes.
And Butler's judicial brain fart remains the law until a higher court overturns it or the legislature passes a law that says "Gillian Butler's nuttiness notwithstanding" this information will be made public.
All the information that folks wanted from Nalcor can stay secret. Nalcor can justify it based on Butler's decision and the ATIPPA, 2015.
The funny thing about this sad tale is that the Premier and any minister of the Crown could have released all the information folks wanted back when the fuss was raging either at Nalcor or over the Sunshine List. They could release the information based not on a request through ATIPPA but based on their own exercise of the Crown Prerogative. That's the basis on which Danny Williams gave the Auditor General access to documents in the fibre optic cable scandal, for example, even though Williams originally claimed he couldn't do it.
Fuss as some of them might have, there's nothing any of the contractors could have done about it since the Prerogative is not subject to judicial review.
22 May 2018
A cabinet, a caucus, and a legislature walk into a bar... #nlpoli
08 May 2018
First Wells ministry, 05 May 1989 #nlpoli
- Rex Gibbons, Mines and Energy
- Eric Gullage, Municipal and Provincial Affairs
- Walter Carter, Fisheries
- Chuck Furey, Development (after 1992 - Industry, Trade, and Technology)
- Dave Gilbert, Works, Services, and Transportation
- Jim Kelland, Environment
- Paul Dicks, Justice, Attorney General
- Chris Decker, Health
- Herb Kitchen, Finance
- Graham Flight, Forestry and Agriculture
- Patt Cowan, Employment and Labour Relations
- Clyde Wells, Premier, Intergovernmental Affairs
- His Honour, James McGrath, Lieutenant Governor
- Winston Baker, President of the Executive Council, President of Treasury Board
- John Efford, Social Services
- Phil Warren, Education
30 April 2018
Two solitudes - the pdf version #nlpoli
"Newfoundland and Canada, separate countries for so long, exist as two solitudes within the bosom of a single country more than 65 years after Confederation. They do not understand each other very well. Canadians can be forgiven if they do not know much about Newfoundlanders beyond caricatures in popular media, let alone understand them. But Newfoundlanders do not know themselves. They must grapple daily with the gap between their own history as it was and the history as other Newfoundlanders tell it to them, wrongly, repeatedly."For those who are interested, I've got an article in the latest edition of The Dorchester Review on Newfoundland nationalism in an era of transformation.
12 April 2018
The Stunnel report and public policy in Newfoundland and Labrador politics #nlpoli
09 April 2018
Spin, bias, or just wrong? #nlpoli
That's the logical question out of last week's post on the way local newsrooms had reported a recent political poll about premiers and popularity.
The answer is that it is more than a mistake. It is less than spin. There doesn't appear to be a deliberate misinterpretation.
Yet what happened is a form of bias, in the same sense that a research firm would look at bias as a source of error.
The causes are not partisan.
They are systemic, identifiable, and correctable.
But the story presented is incomplete and therefore inaccurately describes what the poll results show.
02 April 2018
Conventional media bias #nlpoli
But that's spin. Pure and simple.
Well, where did it come from then?
In a pack where the premiers with the best approval ratings aren’t exactly overwhelmingly endorsed by people in their respective provinces, the story for the rest of Canada’s premiers, even those with positive momentum, is hardly jubilant.
Just over two-in-five (42%) are pleased with the job Newfoundland and Labrador Premier Dwight Ball is doing. This represents a seven point increase for Ball, as his government announces plans for a new public health act in the forthcoming budget and implements a new policy to take on workplace harassment. This, in addition to the government’s inquiry into Nalcor Energy’s unpopular Muskrat Falls project, may be playing in Ball’s favour, as he rises for the second consecutive quarter.
Might be a problem with the poll.
Nope.
Ball is third most popular.
Except Ball isn't popular.
*Revised 11:00 AM 02 Apr 18 to clarify sentences in the introduction
07 March 2018
No room for dissent? No time for silence. #nlpoli
Maybe someone at The Rooms or within the provincial government thought that was the problem when Des Sullivan raised concerns about it. After all, Des is well known as a critic of Muskrat Falls. That might explain why Dean Brinton, The Rooms' chief executive, issued a very short statement that apologized for using Muskrat Falls as an example when explaining the Crown corporation's policy about conflict of interest for advertising agencies responding to the proposal request.
Let us assume that Brinton made a really superficial mistake because otherwise his response is insulting and condescending. Any reasonable personal understood our ought to have understood that Sullivan was concerned about the implication that critics of the provincial government could not bid on government work.
Brinton didn't deal with that at all.
20 February 2018
TDIH: "Quebec paper reports Lower Churchill agreement" #nlpoli #cdnpoli
"The Newfoundland government has done studies examining the potential of bringing ashore natural gas from Hibernia and other sites on the Grand Banks, using it to produce electricity and selling it on the North American grid, said Michel Vastel, a veteran political correspondent and business writer with the Quebec newspaper, Le Soleil."
Vastel told The Telegram his sources were in both provinces and that the provincial government in Newfoundland and Labrador had studies supporting development of offshore natural gas.
The idea had its critics. "Stan Marshall, the president and CEO of Fortis Inc., which owns Newfoundland Power, has said a transmission line to St. John's makes no economic sense.
Here are some key details of the deal that never was:
- "...Newfoundland will receive approximately 800 megawatts, Labrador 200 and Quebec 2,100 from the Lower Churchill. Construction of the project will create 12,000 person-years of employment and power is expected to be on the grid by 2007."
- "The Lower Churchill hydroelectric project consists of Gull Island, with a generating capacity of 2,264 megawatts, Muskrat Falls, at 824 megawatts and Upper Lobstick, at 160 megawatts for a total of 3,238 megawatts. The cost of the project, including transmission lines, is estimated at $12 billion."
15 February 2018
03 January 2018
Politics and History: SRBP at 13. #nlpoli
In April, 1917 the Newfoundland Regiment fought at Monchy-le-Preux with as dramatic a result as the one of Beaumont Hamel the year before. This battle as well as others through the spring and summer put a further strain on manpower, already severely tested in 1916. The result would be a conscription crisis that lasted almost a year and that was marked by both rural/urban and Protestant versus Roman Catholic divisions. Recruiting had been consistently most successful in St. John's, while in rural areas proportionately fewer men volunteered.
One popular view held that the burden of the war had been born predominantly by Protestants from St. John's while those from the bays, particularly Roman Catholics, had shirked their national responsibility. Regardless of whether such views were right or wrong, they revealed the deep divisions within the country and a lack of understanding of one part for another that has echoes in the current day's debate about resettlement.
The recruiting problems mixed together with allegations of profiteering by Water Street merchants and an increasingly boisterous opposition to greet Prime Minister Edward Morris on his return from Imperial War Cabinet meeting in the spring of 1917. There should have been an election that fall but Morris had already decided to introduce legislation in the House to postpone the election for a year due to the wartime contingency. He tried and eventually succeeded in forming a coalition government with the opposition Liberal and Unionist parties.
With Morris nominally serving as Prime Minister, opposition Leader W.F. Lloyd took on the role of deputy prime minister. In a secret agreement with Lloyd and union leader William Coaker, Morris agreed to resign by the end of the year with Lloyd as his replacement. In addition, the new administration created a Department of Militia to take over the administration of the war effort from the volunteer National Patriotic Association. In the event, the new department was no more successful than the NPA had been recruiting but at least some of the stink of corruption that attach to the NPA with allegations of wartime profiteering had gone.
On the Sunday nearest July 1, the country marked the first anniversary of the tragic day in 1916. This was one of the first four commemorations established throughout the Empire. As such, the event was worthy of commemoration in its own right and yet the day passed in 2017 without any mention in the official Centennial commemorations.
No sooner had Morris announced a coalition, that he boarded a steamer and returned to England. He resigned in December 1917 and was created Baron Morris of Waterford early in 1918. Lloyd's coalition served through to the end of the war in the Paris peace talks in 1919 before he was replaced by Richard Squires. Morris was last of the long serving prime ministers of Newfoundland. His successors lasted short periods, some only a matter of a few days, in a fluid political climate of shifting coalitions and alliances.
Richard Squires only stands out because of the allegations of corruption in his first administration and because of his return to office in a second administration shortly before the collapse of responsible government. Through the entire period of the 1920s, the government struggled with mounting debt and difficulty in meeting its financial obligations while the politicians fought among themselves.
02 January 2018
Bridging to Nowhere... or not #nlpoli
Specifically he has been talking a lot about how Newfoundland and Labrador is being screwed because it cannot collect Equalization. Ball's whining about Equalization is part of his strategy to avoid making any real changes to the strategic trajectory set by the Conservatives in 2007. Essentially it is about spending as much as you can for as long as you can.
With that in mind, here are three choice quotes from Issues and Answers' year-ender with Premier Dwight Ball.
After Lynn Burry points out that the provincial government pays 83% of the cost of health care, up from the days when the province and federal government split the cost 50/50 the Premier said:
"I agree the Equalization program does not work for Newfoundland and Labrador."
Three things, mostly for Lynn Burry.
1. Health care is entirely within provincial jurisdiction under the constitution. The federal government isn't actually supposed to put *any* money into it.
2. The federal government covered half the cost of everything in Newfoundland and Labrador at one point because the provincial government was so poor it couldn't pay for provincial services on its own. That's why every Premier until Danny Williams came along wanted to get Newfoundland and Labrador off the dole. Williams and every Premier since him, including the current one, has been trying to get back on it.
3. Federal health care funding never came from Equalization. It has always come under a separate funding arrangement. At one point they called it the Canada Health Transfer and it went along with social services funding in the Canada Social Transfer. Now the federal funding is combined under one thing called the Canada Health and Social Transfer.
"What is it about Newfoundland and Labrador that you can define us as a 'have' province?"
The answer is simple and, in some ways it is astonishing that over the past 15 years provincial politicians can get away with talking utter nonsense about a really simple thing like Equalization. Politicians from all parties trot out this foolishness and reporters just lap it up or, in Lynn Burry's case, fuel the idiocy with questions that are just set up with the same stuff.
Equalization takes money from the federal government's general revenue and gives it to provincial governments that don't make enough money on their own to come up to a common, national income standard. The governments use that money to deliver services that are entirely provincial under the constitution. That means the provinces are supposed to make enough money on their own to cover those costs.
The transfer of federal cash is based on the recognition that all provinces are not equal in their ability to raise cash, so the federal government steps in to give some a hand. That way Canadians are not short-changed if - and here's the kicker - the provincial government spends its money appropriately.
Four provinces make more than the standard income. They are known colloquially as "have" provinces: British Columbia, Saskatchewan, Alberta, and Newfoundland and Labrador.
"Have not" means you don't bring in enough cash on your own to make ends meet and so you get a hand-out.
If Dwight Ball really speaks to the Premier of Nova Scotia and moans that this province does not get Equalization, he's lucky Stephen McNeil doesn't punch him in the bake and then kick him in the goolies just for good measure. Like most Premiers, McNeil would give some part of his anatomy to be raking in as much cash as Dwight Ball does every year.
Newfoundland and Labrador *is* a have province by any measure. It takes in more money per person than any government in the country save Alberta. The problem is that successive provincial governments have spent even more than that again. There's no good reason for the overspending. That's why the government is in the hole all the time.
"...Equalization is not the answer to our revenue or deficit problem."
Huh?
If it is not the answer to our problem, why complain about not getting any of it?
25 December 2017
11 December 2017
Don't blame me (-dia) #nlpoli
Others are also rushing forward to ensure we all know that they were on the side of the angels back in the day and so, as Brian Jones pleads this weekend in the Telegram, we shouldn’t “blame the media for Muskrat Falls.”
For the past year and a half, Brian tells us, people whom he calls “trolls” have been writing and calling him to ask why the local media did not reveal all the details about Muskrat Falls as the thing was unfolding.
“I always point out a basic fact,” Brian says, that “ the Newfoundland media, not just The Telegram, have covered every aspect of Muskrat Falls since at least 2010.”
Wonderful if it was a fact, but no.
Not a fact.
06 December 2017
Plain English , Disclosure, and Bad Public Policy #nlpoli #cdnpoli
Polling information was the first sign of the problem but that wasn't the last example. There was a demand by the Premier's Office for $10,000 for copies of speeches delivered in public by the Premier and, ultimately, a complete re-write of the access law in 2012 to make legal what the government had already been doing to keep all sorts of secrets that should have been made public.
It's easy, therefore, to believe that the Energy Corporation Act, passed in 2007, follows the same pattern. In many respects, you'd be right. For example, we do not know why the government created the energy corporation in the first place. In second reading on the bill, then energy minister Kathy Dunderdale famously spoke only 101 words in her speech introducing it. Not a word of her comments then or later ever explained why the government was setting up Nalcor, what it was supposed to accomplish and how it would be organised.
The sections of the Energy Corporation Act that everyone is now upset about came along in early 2008. They were introduced, as the story went at the time, to address concerns from the major oil companies who would be part of a deal announced later that year to develop Hebron.
The issue for this post, though, is about the chronic misrepresentation of what those sections say whenever people talk about the current controversy over embedded contractors. Here's the way James McLeod summarised the issue from a decision - not yet public - from the province's privacy commissioner:
The Energy Corporation Act, which is the law which creates Nalcor and gives it all its powers and mandate, says the company should withhold information “relating to the business affairs or activities” of any other company that Nalcor works with.
The OIPC [Office of the Information and Privacy Commissioner] ruled that billing rates of contractors would clearly apply, and that because broader information previously released by Nalcor could be used to calculate roughly how much individual contractors bill, individual company names tied to specific contractors should also be kept secret.
Notice that there are two parts to that clause. The first gives the chief the discretion to withhold: he or she *may* withhold. The second part gives a mandatory exemption from disclosure: he or she *shall* refuse to disclose commercially sensitive information
But you can't stop there because the rest of the wording in that section adds an important bit of information next. The chief executive "shall refuse to disclose..."
where the chief executive officer of the corporation or the subsidiary to which the requested information relates, taking into account sound and fair business practises, reasonably believes...falls into either of the two categories the section then describes, complete with characteristics.
In other words, there isn't mandatory, automatic, and broad secrecy for something that is left undescribed and vague. The Act places the decision at the discretion of the chief executive officer about whether or not to disclose information AND gives that person some guidance as to what "commercially sensitive information" means beyond the definition in the act at section 2 (b.1).
In the embedded contractors case, Nalcor boss Stan Marshall determined what would go out the door and what wouldn't, based on whatever advice he got from lawyers. No one has apparently asked Stan to explain his reasoning and, for sure, no one at Nalcor these days is likely to volunteer a simple piece of factual information. These folks, after all, still release pdfs of documents that are designed to frustrate copying and pasting for data analysis.
We can make a reasonable assumption, though, that because some of the contractors - maybe the one-man shops - consider the information to be commercially sensitive for them, Nalcor won't release it. That's a legitimate protection of third parties. Nalcor just needs to explain that.
As for the privacy commissioner, it's doubtful he buggered up the plain English of all this. And from McLeod's story, it appears that the commissioner has picked up on the idea that two partial disclosures could lead to the disclosure Marshall decided against. That's legitimate as well.
But before we think about changing this section of the Act, everyone needs to get their facts straight, stop, and think hard.
Bad public policy usually comes from a lack of consideration. That includes times when there hasn't been adequate debate in the House but it also comes, as in the recent Muskrat Falls inquiry, when the government makes a hasty decision based on something on Twitter or open line that itself was driven by a few noisy voices with a raft of agendas and interests, and often precious little knowledge of what is going on. That doesn't mean we should not have an inquiry but it does mean government folks should have made a decision based on facts, information, and knowledge not a few people losing their minds on Twitter..
In the case of the MF inquiry, three of the terms are actually already known and one of them - the PUB exemption - actually dates from 1998. It looks for all the world like the folks who drew up the terms of reference didn't know the facts themselves or what they were really trying to find out. They also left out crucial time periods (anything before 2012) and crucial actors (all the politicians) in the debacle. The PUB bit is actually just a sideshow. The result will be a long, costly, and ultimately inconclusive commission that will miss most of the details needed to avoid a similar debacle in the future. That's the opposite of what the government promised when it announced the terms of reference and the commissioner.
Words matter. Disclosure is important. Facts are crucial.
And in the embedded contractors story, that last element is in short supply. We could all make lots of mistakes as a result, just as we made lots of them in the past - like in Muskrat Falls - by ignoring facts that were, as in the Energy Corporation Act, in plain sight all along.
21 November 2017
Multiple Interlocking Rationalizations #nlpoli #cdnpoli
- Without an amendment, the inquiry can’t look at decisions taken prior to December 2012 since the terms specifically identify Nalcor’s proposal for sanction as the focus. That happened in December 2012.
- here’s no indication Nalcor presented any project justifications in 2012.
- There’s also no order-in-council in which cabinet “sanctioned” Muskrat Falls. It isn’t clear, therefore, what the commissioner will be doing to meet the first term of the inquiry.
- The inquiry won’t look at the political decision to force domestic users to pay 100% of the cost plus profit (doubling rates), which was taken in 2010, not 2012.
- This will be the guts of the inquiry.
- It will be technical.
- None of it is political.
- The exemption order predates the Conservatives return to power in 2003.
20 November 2017
When a change is not a change: the NDP and Muskrat Falls #nlpoli #cdnpoli
Two different interpretations of federal NDP leader Jagmeet Sing's position on Muskrat Falls.
In Sarah Smellie's online story, Singh had a few concerns and is "not comfortable" with the project.
But he didn't outright condemn the project.
"Right now I'm concerned … I'm concerned about those two pieces and I want to make sure that those are addressed. I'm not comfortable with a project that doesn't have those things addressed."Yet, in the story that went to air, the provincial NDP were opposed to the project, as provincial leader Lorraine Michael had always been according to the voice-over.
New Democrats bobbed their heads up and down approvingly because that is the story they want us to believe. It is the story they fervently believe in their own hearts: Lorraine Michael and the NDP have always opposed Muskrat Falls.
The problem is that the story isn't true.
03 November 2017
02 November 2017
The Poppy
A symbol of the defence of freedom can't be displayed in Canada on a website where Canadians exercise their freedom of speech.
Remembrance is impossible when the Legion has already forgotten.
08 September 2017
Fixing the date or fixing the election #nlpoli #cdnpoli
Butler ruled the special ballot rules are unconstitutional since they deny an individual’s right to vote under the Charter of Rights and Freedoms. Introduced in 2007 with unanimous support of all members of the House of Assembly, the special ballot rules allow people to vote at least four weeks before an election exists.
Among the first critics of the special ballot rules was Mark Watton. He represented the Canadian Civil Liberties Association pro bono as an intervener in the case Butler heard. In 2007, though, Watton wrote a letter to the editor of the Western Star and later published it on his now-defunct blog nottawa. SRBP reproduced it from the print edition.
The fight against the special ballot laws took four years to get to a court and another six for the case to end in a decision but the fight was worth it.
Most people likely haven’t read Watton’s letter and the fact it isn’t available online anymore means that people writing about the issue these days won't know any of the background to the story. To remedy that and to give Watton his due, here’s the letter in its entirety.
The provincial government might appeal the decision. Hopefully it won’t since, as Watton explained a decade ago, the law is unconstitutional. There is no reason to disagree with Butler’s conclusion. The only sensible task for justice minister Andrew Parsons and his colleagues is to introduce amendments to the especial ballot law in the fall sitting of the House.
[Originally published in the Western Star and at nottawa, Friday 14 September 2007]
28 August 2017
The Quebec Demon #nlpoli #cdnpoli
The fancy word for it is revanchism.
People who study words and language call it a borrowed word, meaning that we use it in English but got it from the French word. In this case, it is the French word for revenge.
People familiar with history are most likely to associate the word revanchism with the struggle between France and Germany that lasted from 1870 until 1945. The Prussians defeated the French in 1870 and took two territories – Alsace and Lorraine – that many in France wanted back.
Desire for revenge for regain of the lost territories was an important aspect of French policy against Germany at Versailles in 1919. The tension between the two countries lasted until, after another world war, Germany was simply destroyed as a single country and France got the territories back.
07 August 2017
Muskrat, risk, and memory #nlpoli
In the very first sentence, Pam mentions a book she's apparently just been reading. It's called Megaprojects and risk. It's written by three Scandinavian scientists who studied huge construction projects to try and find out why they tend to go wildly over-budget. They found that the folks behind gigantic projects over-estimate the benefits and underestimate the costs.
Note the date of Pam's column.
2017.