21 February 2008

The answer is simple: it's polling time

“Why are they doing this? I think the answer is simple. Voting time is here again. And if that’s the case, let’s be careful where we mark our X.”

Employment minister Shawn Skinner, speaking to the St. John's Board of Trade Luncheon

20 Feb 2008

Since last weekend, Danny Williams and his cabinet ministers have been hammering away relentlessly at the federal government generally and federal regional minister Loyola Hearn in particular.

There has been no shortage of blatant hypocrisy, as in the Premier criticizing the practice of announcing announcements previously announced.

There has also been no shortage of the truly bizarre, such as the minister responsible for the status women chastising Hearn for a comment she never heard herself but received second or third hand.  Attacking anyone based on speculation is never an acceptable practice. It is even more reprehensible when the minister responsible for the status of women is part of a cabinet which has, as a matter of policy, reduced women to the status of brood mares.  There's a bootie call of $1000 to every women who bears a live child in this province, the whole policy based on the claim by the Premier that "we can't be a die-ing race."  [Edit;  run-on sentence]

Sexist?

You betcha.

A sign of a systemic set of attitudes about women and ethnicity that need to be stamped out? 

You tell me.

Shawn Skinner's comments noted above are especially worthy of note since they come from a fellow who not so long ago was talking about the need for co-operation with the feds, despite whatever political feuds were going on.  He was soundly and severely chastised for that, apparently and made to issue a humiliating public apology for what amounts to speaking simple truth to power.

They are also noteworthy because Skinner is himself part of an exercise that is not far removed from what he accuses Hearn of doing.

Right off the bat, let's confirm that the people of Newfoundland and Labrador are smart enough to know a federal election is coming and that politicians are announcing money hither and yon as part of the run up to open campaigning.

They don't need Danny Williams and Shawn Skinner to point this out since, just last summer, the people of Newfoundland and Labrador were treated to Skinner and Williams doing exactly that.  Indeed they did so much of it that the pair, along with their cabinet colleagues are now faced with a set of public expectations that Williams, Skinner and the rest are now busily trying to tamp down.

At the same time, they are part of cabinet which is facing an ongoing series of bad news. 

-  Security leaks in the computer management system they built by recreating the Moores-era computer services agency renowned for its lack of service and efficiency. 

-  A public inquiry into breast cancer screening and the seemingly endless stream of own-goals being scored by officials despite (as a result of?) reputedly very high level political interventions on how to handle things. 

-  Scores of bridges and trestles in varying states of disrepair in a department whose minister admits that the department doesn't carry out regular inspections of them, a minister who also says she was surprised to learn of the problems despite the fact that her officials were aware of the problems as long ago as last summer.

-  An agreement to develop the Hebron offshore project which, despite the pre-election hype given to it last summer, seems to be unduly delayed for unspecified reasons.

There are other issues both local and province-wide to add to the whole mess.

So with all that, the one thing - the only thing - provincial cabinet ministers seem able to do is take swipes at Hearn.

Why are they doing this, you may ask mirroring Shawn Skinner?

The answer is simple;  it is polling season. 

Corporate Research Associates started in the field late last week, oddly at the same time that the slaps at Hearn started.

The current administration, which has always been unduly sensitive to fluctuations of polling, has nothing else to lay in front of the public.  Either that or their comms apparatus is overwhelmed with the string of problems that they have no time to devote to the usual, intense quarterly knob shining.

Turd polishing  - regarded as a useless activity equal to knob shining among PR professionals - is apparently taking priority.

Instead, the poll goosing crowd have taken to the only tool in their arsenal that might counteract the onslaught of "bad" news:  the attack on a foreign demon or a traitor.  They are hoping people will be distracted for a couple of weeks, that the news media will carry some suitable stories and maybe people will be feeling just a wee bit positively inclined towards the government when the CRA pollsters call.

There are public spending announcements - like road work all over the place - to supplement the effort but the core of the provincial government effort seems to be the distraction of poking at Hearn.

We'll know if it worked in a couple of weeks when CRA releases it's results.

But in the meantime, Skinner and his colleagues need not fear.  Newfoundlanders and Labradorians, who historically vote anybody but Conservative in federal elections, don't need to be reminded to make their voting choices carefully.

And they don't need to be warned against politicians who come bearing gifts to court their support.

They don't need to be warned against that kind of cynical effort at vote manipulation.

They have had more than enough experience with it over the past four years from provincial politicians.

-srbp-

20 February 2008

On the one hand. On the other hand.

A St. John's couple is struggling to find home care at an affordable price.

CBC broke the story, one that appears to be typical of other retired people:

An elderly St. John's couple says they could be forced into bankruptcy to get the home care they need.

Pensioner Patrick Connors, 78, and his wife of 55 years, Shirley, live on a combined monthly income of just $2,100.

But Connors said they would have to give up more than half of that — and go into debt — to qualify for government-managed home care.

Health minister Ross Wiseman acknowledged government has been aware of the problems with what he termed the "financial tool" for at least two years.

Wiseman, though, did not say he expected the policy to be changed, but said an announcement could be made later this year.

Until then, he said the Connors will have to work with Eastern Health officials to try to meet their home care needs.

So that's the one hand.

Hmmm.

Wiseman's boss told reporters last week in Corner Brook:

“People need to understand government cannot write a cheque for everything,” said Williams. “We can’t be all things to all people.”

“On the other hand, even in poor times, we have tried to do the best we could for people who were, for lack of a better term, in poorer positions.”

Uh huh.

How exactly are we supposed to reconcile those two positions?

Well, on the one hand...

But, on the other hand...

Bet this elderly gentleman and his wife don't feel like he's been getting a hand at all.

A finger maybe, but certainly not the whole hand.

-srbp-

Curiouser bridge stuff

Two of the T'Railway bridges announced yesterday as being closed have been opened after what the provincial government describes as "a further engineering assessment".

Didn't engineers do an on-site inspection the first time?

Here's what the provincial environment ministry said just 24 hours ago:

Deer Lake east to Gaff Topsails (13 structures)
All 13 structures have been inspected.  Eleven have been determined safe and are re-opened to the public.  Howley River and Mary Anne Brook were two of the 14 structures identified by Transport Canada. Engineers have determined they are to remain closed. [bold added]

Deer Lake west to Stephenville (16 structures)
All 16 structures have been inspected. Fourteen have been determined safe and are re-opened to the public. Robaires Brook was one of the 14 structures identified by Transport Canada and engineers have determined it is to remain closed. In addition, engineers have determined that the trestle at Black Duck Brook will remain closed.

Today, we get this:

Howley River and Robaires Brook have been determined safe, following a further engineering assessment, and are re-opened to the public.

Interestingly, these two bridges were identified by Transport Canada as being of concern.

So engineers determined the first time that the bridges would be closed. 

Why did they change their minds?

-srbp-

Announcing old government money, the provincial version

Provincial cabinet ministers apparently didn't like Loyola Hearn's announcement on 16 February of $1.5 million in ACOA money for redecking and other safety work on the T'Railway bridges.

Some have even gone so far as to suggest it was part of a federal plot.

Pish posh.

The provincial government announced its share of that same three way agreement on Monday, February 18. The provincial cash, like the federal cash, was committed in the budget from 2007. Neither announced it by agreement with the T'Railways council;  they were holding off to have a major event later this spring.  That story is in the Wednesday Telegram, although it isn't available online.

But if the provincial government felt a little off about Hearn's announcement they could have easily dealt with it in another way, rather than whine about Hearn's little publicity coup.  After all, tourism czar Clyde Jackman - himself a former environment and conversation minister  - was the lead provincial minister at the same convention Hearn attended.  Maybe he missed the reminder in his briefing note.

And it's not like this T'Railways bridge issue is new, either.

As the Telegram reported on Saturday, Transport Canada received complaints last summer about a bridge at Indian Pond in Seal Cove, Conception Bay.  They inspected and asked provincial officials to take action to repair or remove. 

The provincial government opted to remove the bridge.

Federal officials then began an inspection of 109 other sites in the province to determine which T'railways structures, if any, fell under the provisions of the Navigable Waters Act.  Of the 109, they found 42 that met the legislation's requirements.  Of those 42, 14 were of sufficient concern that the feds asked for a remediation plan.  They also noted four other specific structures about which their inspectors had some concern.

One of the bridges - at Morris Brook, erroneously called Monis Brook in one document  - had collapsed entirely. It was reported by Transport Canada as "gone".

-srbp-

The 18 + bridges/trestles

Update:  For a complete picture, cross-reference the list in this post with the bridges mentioned in the provincial government's Tuesday release.  You will see several discrepancies noted in an earlier Bond Papers post:

1.  Of the 18 bridges originally identified by Transport Canada

-  three have failed provincial government safety inspections (Howley River, Mary Ann(e) Brook and Robaires River East); and,

-  two have passed (Eel Brook appears to have had its decking replaced;  Stephenville Main East was passed but there is no indication of what TC originally found).

2.  The remainder have not yet been inspected.

3.  The provincial government Tuesday news release makes at least two mistakes:

-  It consistently, incorrectly refers to 14 bridges from Transport Canada when in fact there were 18 named specifically.  The release actually identifies 17 bridges as having been mentioned by TC.

-  It includes main Brook as a bridge mentioned by TC.  Main Brook is not on the 11 Feb Transport Canada list.

4.  Provincial inspections have found one additional problem bridge (Black Duck Brook).

5.  One bridge on the TC list is identified as "gone" meaning it doesn't exist.  The provincial release makes no notice of this.  It also does not explain why the T'Railways website lists 132 bridges and trestles while the department's news release refers to only 125.

Update, update:  The Telegram carried a list of the 14 bridges in its story on Saturday, 16 February.  When a link turns up, we'll post it.  Bond Papers obtained its information from another source.

Original post continues:

Bond Papers has obtained a list of the 18 bridges and trestles identified in a letter from Transport Canada to the provincial government as posing a hazard to the public.

Transport Canada officials noted that the list of bridges on non-navigable waters was not considered definitive. They referred to a significant number of structures inspected being in advanced state of disrepair. They also stated that they had not conducted a detailed structural analysis of the bridges and trestles.

Altogether, officials of the navigable waters protection program inspected 109 structures to determine which fell under the Navigable Waters Protection Act. They found 42 in total fell under the Act.

Transport Canada identified 18 which showed structural problems and requested the provincial environment department prepare a plan to repair or remove the structures as they posed a public hazard. Fourteen fell under the NWPA while four were not. The Monis Brook bridge is identified by Transport Canada as "gone".

The environment department closed all 132 bridges and trestles on the T'Railway entirely on its own initiative on February 14 and began its own program of inspections.

It is unclear from provincial government statements if all 132 bridges and trestles are being subjected to a detailed structural analysis or if that work is being confined to the 18 specified by Transport Canada.

The 18 bridges and trestles are:

  1. Robinson River East
  2. Middle Brook
  3. Little River
  4. Barry Brook
  5. Bear Cove (Old Bridge)
  6. Robaires River East
  7. Codroy Branch South
  8. Howley River
  9. Mary Ann Brook
  10. North Brook
  11. Robinson Brook East
  12. Main East
  13. Fishells River
  14. Journis Brook
  15. Eel Brook - deck gone
  16. Wolfe Brook – Abutments
  17. Codroy Branch North – Multiple pipes abutment
  18. Monis Brook – gone

A news release issued late Tuesday by environment minister Charlene Johnson and tourism minister Clyde Jackman (a former environment minister) erroneously refers to 14 bridges identified by Transport Canada as posing public safety issues.

The provincial government release indicates that Eel Brook has been cleared by provincial inspectors, however it is interesting to note that the Transport Canada inspection only noted the absence of decking for this structure. An ongoing decking project by the T'railways Council may have dealt with that issue after the federal inspection was completed.

The provincial government has closed Howley River, Mary Ann(e) Brook and Robaires River East, thereby confirming the Transport Canada engineers' assessment. As well, the province has closed Black Duck Brook bridge.

There is a discrepancy between the Transport Canada list and the provincial government's new release. The release states:

The trestles at Stephenville Main East and Main Brook were two of the structures identified by Transport Canada; however, engineers have determined them safe and they are re-opened to the public.

Main East is identified as structure number 12 in the list above. There is no mention at all of Main Brook in Transport Canada's February 11 correspondence.

-srbp-

19 February 2008

Provgov inspectors keep 4 bridges closed; information in gov release incomplete

While the T'Railway website identifies 132 old bridges and trestles as comprising the linear park, a news release from the provincial environment and conservation department late Tuesday refers to only 125.

Of the 82 inspections reported as completed by provincial government engineers, 78 have been re-opened while four remain closed.

It is unclear from the provincial government news release if these four are part of the 18 that Transport Canada identified as being of concern or if they are new.  The release refers to 14 structures identified by Transport Canada but the total numbers mentioned in individual sections of the release and attributed to Transport Canada add up to 17.

At this time, bridges/trestles at Howley River, Mary Anne Brook, Robaires Brook (identified by Transport Canada) and Black Duck Brook remain closed.  Black Duck Brook was apparently not identified by Transport Canada.  Three of the bridges identified by Transport Canada have been cleared by the provincial inspections.

According to the news release 43 inspections have not been completed and those bridges/trestles remain closed.

-srbp-

Old whine in old skins, or it takes one to know one

Danny Williams told reporters today that he doesn't like Loyola Hearn announcing what Williams thinks is "old money".

He thinks it's disingenuous since, as Williams alone characterizes, there's an effort to make people believe it's new money that Heanr's been announcing.

Goodness knows, Bond Papers isn't a big fan of Loyola Hearn, but the only disingenuousness here is coming from Williams.

Firstly, the only person talking about misleading people is Williams and that's one of his old tactics: Williams makes an accusation and then treats his accusation as if it were fact. He puts words in others' mouths or falsely attributes motives. Ask Roger Grimes for example, or your humble e-scribbler about it. Just because Danny says it doesn't make it a fact.

Secondly, when it comes to the old Tobinite trick of reannouncing announcements previously announced, there is no one better at it than Danny Williams himself. Here's a link - from three years ago - that makes the point with tons of evidence. Times haven't changed, at least for the provincial government.

In the case of the money for the Trailway, the money is as old as the provincial money that goes with it; the cash just wasn't publicly announced before. Williams is likely just miffed that in the CRA polling period he's saddled with a bunch of bad news while Hearn managed to get one over on him.

Danny just discovered what it feels like to get politically goosed in Gander. Ask Steve Harper about it. No one in the public should like these petty political ganes, but, this little episode is a reminder to the ordinary people of the province that the Danny-Steve feud is just tiresome and silly.

-srbp-

Alright so go already

Andy's finally gone.

But this was the top story in the province last night complete with Cochrane and a live remote?

Or the front page of the province's major daily, complete with colour photos of the colourful soon-to-be former mayor?

In departing, Wells couldn't resist his trademark personal attacks on anyone and everyone he doesn't like.  They were nitwits, dimwits and nutbars.

And Wells asked rhetorically if the city was worse off for his term of office, citing the stadium development and mail-in balloting as two of his legacies.

Well, mail-in balloting isn't something Wells should crow about.  The system contains major flaws in both its design and execution that leave it ripe for vote fraud. If nothing else, it is a system which favours incumbents and there is no surprise that in the 2005 municipal general election, very few new faces turned up in the council chamber.

One of those old faces - deputy mayor Dennis O'Keefe - appears to be the leading contender to replace Wells. That hardly bodes well for a municipal government that is in desperate need of a major change.  O'Keefe's pet projects are two things that are, at best, sidelines for a municipality:  gas prices and cruise ships.

Meanwhile, the city's core lines of business, namely municipal services and infrastructure, haven't garnered the sort of attention they deserve.  O'Keefe only lately started to talk about snow clearing.

And that's pretty much in keeping with the Wells legacy. faced with obvious problems in municipal infrastructure during the last election, Wells' approach was to attack one candidate personally, calling him a nitwit, and to dismiss public concern about water lines in the downtown that created a lake at one end of Duckworth Street and an improvised fountain in the middle of the other end of one of the oldest streets in the Oldest City.

Let's not even discuss the stadium controversy and the Mile One centre.  The former dragged on incessantly and the latter has proven to be a giant sinkhole into which the city drops at least $2.0 million annually just to keep it afloat.

Ultimately though, the change council needs is to get rid of the crass personal attacks and the petty personal issues that have tended to crop up with annoying frequency in the chambers. O'Keefe kept the legacy alive a couple of weeks ago, demanding an apology for nothing and wasting time in a public meeting for an issue that wasn't an issue at all.

And ultimately, that is Wells' legacy in the lack of civility in the conduct of city business.

The city is better off seeing the back of Andy Wells.  If the Premier wants him to run the public utilities board then fine.

Taking Andy out as mayor might well be Danny Williams' greatest service to the citizens of St. John's.  He couldn't do it in a municipal election a decade ago, but if he's used his cabinet to achieve the same end, then good on him.

See ya later, Andy.

-srbp-

Addendum:

Just for the heck of it, here's a reprint of a post from the 2005 municipal election that turned out to be very popular.

How the Boor stole the election

Every Jawn
down in Jawn-ville
Loved their city alot...

But the Boor
who was mayor of Sin Jawn-ville
did not!

The Boor hated Jawn-ville! The whole of the city.
He detested each Jawn, loathed each Jawn-dog and -kitty.
As he sat in his office, he'd think day and night
of another sly scheme to shag Sin Jawns just right.

And when Jawns looked to vote in the mail-in election,
the Boor figured out how to screw Jawn selection.
"I'll just send out the ballots to Jawns who are dead.
And send more to addresses of Jawns who have fled.

"I'll make sure there is no one to check who has voted."
Then he grinned a Boor grin. "I'll call out the devoted."
While the Boor knew that some of the Jawns thought him crass,
there were others who worshipped His Worship's Boor-ass.

He could count on those Jawns to do just as he wanted.
They would cheer. They would heckle.

They'd vote Boor, undaunted.

The Boor sat contented on his mayoral throne,
surveying Jawn councillors he'd soon see gone.

There could not be a chance that the Jawn-ville election
would deny the Blahblahs their new concrete erection.
And those Jawn-agitators who'd clog voting pipes
with some anti-Boor Jawn-viller councillor types?

Those Jawns would need gagging. They'd need a distraction.
The city's procedures would give such compaction.
So the Boor urged that Jawns-bunch to file an appeal.

He smiled knowing Jawn-ville town rules would congeal
and his friendly White Board would keep every Jawn busy,
as they'd file and they'd write in a paperwork tizzy.

By the time that the board that was whiter than White
decided Jawn-queries were beyond its might,
all the votes would be cast and the Jawns would be knackered.
and the Blahblah store floor would be duly shellackered.

Then the Boor called some Boor-loving Jawns on the phone.
Told them they could set just the right Jawn-council tone.
If they'd tackle his foes then the Boor would print ads
to tell all the Jawns their incumbents were bad.

And the Boor grin grew wider, then wider than wide.
As he walked from his office, he beamed with Boor-pride.
He drove through the streets in his SUV truck,
smiling at every Jawn, as he mouthed the word: "Schmuck".

18 February 2008

If public safety is really so important, Charlene...

Five years after Auditor General John Noseworthy criticised the provincial government for not following its own policy on road bridge inspections, environment and conservation minister Charlene Johnson admitted on Monday that her department does not carry out regular inspections of the 132 bridges and trestles of the Newfoundland T'Railway.

Johnson ordered all bridges to be inspected starting this week, with the work being carried out by engineers, conservation officers and other parks officials. It isn't clear if professional engineers or certified technicians will inspect all bridges or what portion of the inspections  - if any - will be carried out by the park officers and wildlife officers.

Johnson said her department relied on public complaints from trail users to keep track of the condition of the bridges. She cited only one example of an inspection, in 2006, of the Main Gut trestle near Stephenville.

She gave no indication how this complaints-based system ensured proper maintenance.  Trail users might well observe crumbling decking but few would take the time to observe structural features of a bridge, even if they were engineers trained and experienced enough to understand what they were looking for in determining the health of a railway bridge.

Johnson did express surprise at learning of problems with the bridges.  The bridges were built and maintained for the Newfoundland Railway which ceased operation under a federal-provincial agreement 20 years ago.

In 2003, Auditor General John Noseworthy slammed the public works department for its inspections of 823 road bridges in the province. Noseworthy found that more than 50% of the bridges (379 of 715) requiring inspection every two years had not been inspected within the period set down in departmental policy. Of those 379, 47  - 12% - had a rating of poor or unsafe.

Noseworthy noted a policy to be applied to proper maintenance and risk reduction:

Bridge inspection is necessary to determine the safety of bridges on our highways and to determine required maintenance, rehabilitation and replacement. In order for the Department to apply a risk model to determine the priority and frequency of bridge inspections and to determine the priority for maintenance, rehabilitation and replacement, it requires detailed information about each of its 715 bridges.

In several interviews on Monday, Johnson insisted that public safety was of paramount importance to her department.  She told talk radio host Bill Rowe that "a person's life is the most important thing and we're not going to jeopardize that."

Rowe praised Johnson for her prompt action, despite her admission earlier in the day that her department had not conducted regular inspections of the bridges at any time.  "The woman jumps on things quickly," said Rowe.

The closure of 132 bridges and trestles coupled with an emergency inspection of the structures was triggered by a Transport Canada report that highlighted problems with 14 of the bridges that cross navigable waters. Another four, not over navigable waters, were also mentioned. That represents about 13% of the total number of structures.

The federal report, sent to the provincial government on February 11, did not demand closure of any structures but instead requested an action plan be delivered by 11 March on dealing with the 14 most troublesome bridges and trestles.

Johnson's hasty order to close all bridges and trestles may be a clue to the provincial government's lack of information on the conditions of the trailway infrastructure.

Her decision has caused consternation among trail users, especially snow mobile operators and tourism operators who depend on the trail for some portion of their annual business.

-srbp-

Peckford remembers Abery

Bond Papers received the following today from Larry Peckford about the passing of Cy Abery. it is a straightforward yet eloquent comment on the nature of public service and public servants. 

Larry included a statement issued on 17 February by his brother, former Premier Brian Peckford.

With Larry's permission, here's the full text of the e-mail with the attached message:

I never met Cyril Abery. I do know that he was part of a group of incredibly talented public servants who served the province during the difficult negotiations on the Atlantic Accord. The province was well served by the likes of Cyril Abery and others who served with distinction at that time. We do well to promote and remember these fine individuals.  Public servants, particularly at senior levels,  are too often the unsung heroes of much that goes on in Government and the attraction and retention of high calibre people is essential to good public administration. Public servants often in the face of considerable challenge, keep a high degree of sanity in government operations and maintain the machinery of government at critical points in time.

Brian's remembrance below is well deserved.

Larry Peckford

_________________________________________________________________________________________________________

February 17, 2008

The Passing of Cyril J. Abery

Like all of his friends and acquaintances I was shocked and saddened by the sudden passing of 'Cy' Abery.

This passing must not go un-noticed!!!!

Here was a Newfoundlander who served his Province, Government and Premier with intellect, integrity and great loyalty. As my deputy minister of Intergovernmental Affairs, he acted as chief advisor on many important issues of constitutional reform which marked the 1980's as a watershed in the development of public policy in the Province.

His insight and breadth of knowledge on constitutional matters was invaluable to the Government and to me personally. And who can forget his steady hand as chair of the public servant offshore negotiating team during the difficult and intricate Atlantic Accord negotiations?

Modest and well liked among his peers across Canada, and not one to blow his own horn, I wish to exclaim and extol the contributions of Cy Abery, one of the unsung architects of Newfoundland's advancement within the Canadian family.

Honourable A. Brian Peckford P. C

Province doesn't regularly inspect its own bridges

"We understand the inconvenience of the closure of these structures; however, public safety has to be our number one priority," said Minister Johnson.

But...

Environment Minister Charlene Johnson said today the province does not conduct routine safety assessments of structures on the T’Railway, which is a provincial park.

There’s no regular inspections, no,” Johnson said in response to questions from reporters.

-srbp-

Atlantic Accord among his professional legacies

Cyril Abery, the man who chaired the negotiating team for the real Atlantic Accord passed away on February 18, 2008.  He was 71 years old.

Abery is seen in the photo at left, in the dark blue suit whit his left hand resting on Brian Mulroney's chair. The photo is of the official federal and provincial negotiating teams plus the first ministers and energy ministers who signed the 1985 Atlantic Accord.

Here's the official obituary:

Cyril J. Abery died suddenly at his home in St. John’s on February 15, 2008. He will be missed by his loving companion Lynn Verge, his sister Joyce Goss and daughters Mary-Patricia and Anne-Marie, his sister and brother-in-law Sylvia and Clyde Pretty and their son Keith, and his sister-in-law Dorothy Abery and her daughter Jane. He was predeceased by his parents Richard and Stella (Neville) Abery and also his brother Dennis Abery.

An economist by profession, he worked for many years in senior public service positions with the Government of Newfoundland, serving as Deputy Minister of Intergovernmental Affairs and Chairman and CEO of Newfoundland and Labrador Hydro Corporation. Under Premier Brian Peckford he chaired the offshore public service negotiating team that succeeded in getting the Atlantic Accord. He taught economics and public policy at Memorial University of Newfoundland and, after retirement from Hydro, served as Deputy Mayor of Conception Bay South. He was a proud Newfoundlander and loved to walk in and around St. John’s.

At his request, there will be no funeral or memorial service. People wishing to honour his memory may do so by planting and tending a tree (chestnuts and copper beech were favourites of his) or by making a donation to the East Coast Trail Association.

To send a message of condolence or sign the memorial guest book, please visit www.carnells.com.

-srbp-

17 February 2008

The Bond Store

goldshirtThe most recent addition to the right hand navigation column is The Bond Store, the place to find exclusive Bond Papers tees, caps, and other tchotchke.

Bond Papers fans have been asking for some time how they can show their loyalty to the home of irreverent political commentary beyond being one of the 11,500 readers each month who visit the blog.

Well, now they have a way.

There are shirts that display the current bondpapers logo, like the golf shirt at left. You can also find mugs and mousepads, totebags and Sir Robert Cuddles, the official bear mascot of Bond Papers.

the old flagThere are also shirts and other items that display the real flag of the Dominion of Newfoundland.  The pink, white and green is fine for some.  But if you want the old Dominion flag from the days of Sir Robert, then look no more. 

Bond Store is run through cafepress.com, the online tchotchke phenomenon. The reason is simple:  it's the only one of its type out there.

If someone knows of a local alternative then by all means let us know; we'll make the switch.

As the demand grows, we'll add more items and more designs to the store all in an effort to meet fan demand.

In the meantime:  show your colours. 

Bond Papers goods will be the must-have items in 2008.

-srbp-

The poverty of "We so po'" political rhetoric

“People need to understand government cannot write a cheque for everything,” said Williams. “We can’t be all things to all people.”

“On the other hand, even in poor times, we have tried to do the best we could for people who were, for lack of a better term, in poorer positions.”

Those were some comments made by the Premier to news media in Corner Brook after a two day cabinet retreat.

The first reaction would be to wonder when, over the past four years, has the provincial government actually experienced "poor times".

Almost two decades ago, the province did experience poor times.  All three major economic engines were tanking simultaneously.  The economic output and the government debt, on an accrual basis, were virtually the same number. The western world faced the worst recession since the Great Depression and the federal government, long the saviour of provinces in hard times, had to tackle its own debt and revenue problems.

Since 2003, however, the province has experienced unprecedented levels of economic growth and provincial coffers have consistently swelled.  This has been due entirely to policies established before 2003 and, in the case of oil, to the benefit of development deals for offshore oil and gas which the premier derided as 'give-aways' in his election campaign. He has tried repeatedly to claim credit for the current economic success and a great many have fallen for the misrepresentation.

At the same time, however, the provincial government has tried, since 2003, to poor-mouth its own finances whenever the public started to get wind of the windfalls in the treasury.

The truth has been different for the "we so po" mantra.

 Government net spending in the past four years has grown by 35%. The provincial government outspends every other province, save Alberta, on a per capita basis. The direct and Crown debt has grown as well, by some $500 million.  Newfoundland and Labrador will become a "have" province this year, meaning that for the first time since Confederation, the provincial government will have enough money coming from its own revenue sources to meet its needs without Equalization hand-outs.

This next fiscal year will likely be no different.  Finance minister Tom Marshall told reporters at the same news conference mentioned above that spending on social programs - health, education and social services - will top 70% of government outlays in FY 2008.  That's a 5% increase from the 2007 budget.

At the same time, the provincial government has not reduced the debt load borne by its residents.  With a record surplus of nearly $900 million in FY 2007, the finance minister does not plan to retire much of the debt. He will pay cash for $345 million in capital spending rather than borrow the money as originally planned.

And overall, the developments Danny Williams derided as "give-aways" will drop into the treasury in just one year alone as much cash or more than his single hand-out from Ottawa in 2005. Voisey's Bay, Hibernia, Terra Nova and White Rose:  $2.0 billion in taxes and royalties in 2007.

Marshall does talk of producing a net debt of $10.8 billion at the end of the fiscal year, but one must read carefully to see what exactly he means by that term "net debt".  What Marshall refers to is the difference between the total liabilities of the provincial government and all its assets.  It is not a reference to money owed to banks and so forth since this is only part of what the government's liabilities are.  Most of us understand the idea of debt and borrowing, but this phrase "net debt" is a little different.

Here's how Marshall described it last fall:

Once we account for the change in capital assets, the balance will reduce the province’s net debt.

The total liabilities will stay the same, at around $13 billion.  Right now, the total assets of the province offset that to produce a net debt (i.e. assets less liabilities) of around $11.6 billion.

Marshall will spend about $150 million on White Rose shares.  Those assets plus any other assets associated with them - like say the oil itself - will be added to the province's asset pile.  Marshall puts a value on that of roughly $800 million.  That's how he will reduce the net debt to $10.8 billion.

Get it?

The liabilities don't change.  The actual amounts owing in borrowings won't change much either.  They just add a few more assets to the equation, ones that in truth will vary in value over time.

On paper, the debt goes down.  However, the only way the provincial government would truly attack the annual cost of servicing the debt would be to pay off the loans.

Instead of concrete action, we have this sort of lip service:

“We are hearing people say they want us to take a balanced approach,” said Marshall. “I’ve been asking people to take a look at how much debt we have and how it affects us ... The auditor general has commented on that. He put out a report which talked about the fiscal position of the province and talked about this $733 million (interest paid annually by the province on its debt) as an ‘interest bite’ — it’s the people’s money being spent on interest and I think all of us would rather see that go into health and education and other public services.”

Lip servicing doesn't pay the debts.

Rather, the whole "we so po'" schtick is just a smokescreen behind which the current administration follows a familiar pattern of spending. They trot out the debt when they want to discourage people from seeing more money spent on things they might want so that the cabinet can spend public money on things that it wants.

Some of those things, like say the gigantic money pit in western Labrador are the sort of partisan political waste we haven't seen in this province in decades. Others, like the energy corporation are notions that have never been fully thought through let alone explained to the public or anyone else. Still others are dubious investments of public cash like the fibreoptic deal.

Somewhere in there, good things do get done.  Good things get done in every administration either by design or by accident.

But for the most part the provincial government remains dedicated to obfuscation instead of transparency and of passing the buck instead of accountability and responsibility.

Only a government bent on hiding the reality and of denying proper public input into spending decisions would even  consider using the word "poor" to describe the provincial government's piggy bank over the past four years.

-srbp-

I spy...

a Hickey-up.

Oh, and another trough.

News outlets across the province are reporting provincial cabinet minister John Hickey's latest attack on the federal Conservatives and their promises to save Goose bay using political pork from Ottawa.

nl-hickey-john-20061122In the photo at right Hickey holds up a signed contract for the federal contribution to finishing the Trans Labrador Highway. Not.

Hickey campaigned not once but twice for Harper candidates (2005 in the by-election and then the 2005/06 general election) so it's strange he is quite so critical at the people he used to support. [Corrected dates]

What no one seems to have picked up on is the reason why Hickey suddenly issued a news release from the provincial government's propaganda service on this issue at this particular moment.

There are clues buried in a report by the Telegram. Since it isn't online, we'll include it below.

But let's give the whole story here.

A group representing the Town of Happy Valley-Goose bay recently took a trip to Ottawa. They saw the lights, saw the sights and saw some people, including officials of the defence department and Loyola Hearn.

When they got back they issued this news release:

PRESS RELEASE – February 11, 2008 Happy Valley - Goose Bay

FOR IMMEDIATE RELEASE

Mayor and Councillors from the Town of Happy Valley - Goose Bay meet with Federal Politicians and Senior Policy Advisors in Ottawa

“It was an excellent opportunity to not only attend the Northern Lights Conference and Trade Show, but also to meet with a number of officials to discuss concerns affecting the Town of Happy Valley-Goose Bay.” said Mayor Leo Abbass.

While in Ottawa last month, Mayor Abbass, Councillor Madelyn Kelly, Councillor Bill Mackey and the Director of Economic Development Karen Wheeler met with senior policy advisors with the Department of National Defence. The delegation was assured that the commitments made by the Conservative Government remain as previously stated. The Canada First Defence Plan will be released shortly and will determine the priorities of the Department of National Defence for the next twenty years. With the emphasis on Northern Sovereignty and domestic defence, 5 Wing Goose Bay is strategically important to this plan.

While meeting with Minister Loyola Hearn, he also reiterated that the status quo remains for 5 Wing Goose Bay. Other topics discussed with the Minister included the Trans Labrador Highway, strategic location of Happy Valley-Goose Bay in relation to the North, and marketing of 5 Wing Goose Bay.

-30-

Now ignore for a moment the fact it is a piece of junk writing. Just focus on the content.

Like say the sentence in the middle of the second paragraph the Conservative commitments are intact. There is a defence plan coming and news will be contained in that document.

On top of that there's the reference to a successful meeting with Loyola Hearn to discuss issues like paving the Trans Labrador Highway.

There's the cause for Hickey's irk: his constituents and political allies went off to Capital City and made some new friends and renewed some old acquaintanceships. And they talked about a bunch of things Hickey himself is responsible for - like the highway - and, quel horreur, these ordinary folk from the wilds of Labrador appear to have gotten somewhere all without the help of their regional party boss, John Hickey.

That has got to be embarrassing for the guy who is still trying to deal with a defamation lawsuit against Roger Grimes a whole year after the thing was filed. It's got to be even more embarrassing given that this is the first solo news release Hickey has been issued since his cabinet demotion after the last election.

And it's gotta be super duper embarrassing given that Hickey's new portfolio means he doesn't have anything else to do but focus entirely on things like Goose bay, the Trans Labrador Highway and figuring out how to explain those holes in Labrador West where the hospital was supposed to go weren't really just Danny Williams campaigning with public money.

Yes, a few people from Goose Bay just appear to have gotten more traction in Ottawa than a whole cabinet minister whose sole job is to do the things they did.

This whole thing is just another embarrassing political Hickey-up.

Hickey's solution is to issue a news release which just makes the thing even more embarrassing:

It is anticipated the Federal Government will soon release its long-awaited defence strategy. Minister Hickey said the strategy should see Prime Minister Stephen Harper follow through on the commitment to 5 Wing Goose Bay, which he made in a letter to the Honourable Danny Williams, Premier of Newfoundland and Labrador, dated January 4, 2006.

"5 Wing Goose Bay has the world-class facilities, it has the needed infrastructure, and it has the people of Labrador supporting the developments committed to by Prime Minister Harper," said Minister Hickey. "With our low-lying mountains and vast acres of unoccupied forest, virtually any condition or real-life situation can be simulated in central Labrador."

If you didn't see the original release from Leo Abbass and the crew that went to Ottawa, you'd never likely know that there was a defence strategy coming. Hickey mention's it seems like he's trying to take some credit or pass on some new information, after he's just finished pushing for it - or should we say appearing to push for it - in the release. Now that people know what really happened, Hickey's release seems even weaker than it first did.

Then the last paragraph just returns us to the joys of Springfield and its entirely imaginary world. You see, apparently Goose Bay is such an amazing place that, according to John Hickey, just about any real-life situation can be recreated in the miles of forest and hills of north-central Labrador. That would make it ideal for training of some kind.

So, John, can we recreate the hills and desert conditions of Afghanistan near Goose Bay?

Yes, we can since Goose Bay is now a holographic projection apparently.

And Robert Picardo will deliver medical services in Lab West courtesy of the mobile emitter now that Voyager is off the air and he's out of a job.

Hickey's probably got that release in the hopper.

-srbp-

The Telegram

Saturday, February 16, 2008, p. A5

Politics



"Labrador MHA wants federal government to fulfil promises for 5 Wing
Goose Bay"

Everton McLean

Despite strong words from the minister of Labrador Affairs on the lack
of federal action expanding the military presence at 5 Wing Goose Bay,
the mayor of Happy Valley-Goose Bay said he's content that promises
will be fulfilled soon.

John Hickey, MHA for Lake Melville and Minister of Labrador Affairs,
said in a news release Friday that it was unacceptable for the federal
government not to have fulfilled commitments to place personnel at the
military facility.

He listed promises for a 650-man rapid action army battalion and an
unstaffed aerial vehicle squadron among things not carried out. He said
the promises were in a letter to Premier Danny Williams from January
2006.

"To not meet this commitment in a timely manner would be nothing less
than a betrayal to the people of Labrador," Hickey stated.

Happy Valley-Goose Bay Mayor Leo Abbass, who, along with council
members, met with Newfoundland region minister Loyola Hearn and
Department of National Defence policy advisers last week, said the
federal officials told him the commitments were still coming. He said
Hearn reaffirmed those commitments personally.

He said he understands a defence plan is being completed and he feels
confident there will be provisions made for 5 Wing. Particularly, he
said he expects there to be an unstaffed aerial vehicle squadron
implemented, based on the strategic importance of the area.

However, he did say he expected more being done in Goose Bay by this
time.

Steve Outhouse, a spokesman for Hearn, said the minister told him the
commitments to Labrador are still on the agenda. However, he said those
promises are part of a four-year mandate, and the government is only in
Year 2 of that mandate.

"The minister has indicated all the comments we've made in terms of 5
Wing Goose Bay are still commitments of our government."

John Hickey could not be reached for comment Friday.

emclean@thetelegram.com

I spy a trough...

I spy with my little eye a trough into which desperate politicians root for pork and votes.

Just five days after Transport Canada forces the provincial government to take care of its responsibilities for bridges and trestles along the T'Railway, Loyola Hearn turns up at a Hospitality Newfoundland and Labrador event with cash to fix things up.

$1.5 million in cash from the Atlantic Canada Opportunities Agency.

The feds are dropping cash from a business development agency into a provincial park?

From which program?

And by what application, Loyola?

Hmmmm.

This is very suspicious, what with the federal Conservatives gearing up for an election.

-srbp-

Oh Lord, shoot me now.

The latest utterances on the breast cancer inquiry, courtesy of Voice of the Cabinet Minister.

Danny Williams respects the decision.

We may all rest easy;  what else was he supposed to do?

According to VOCM: "Health Minister Ross Wiseman says the ruling will allow the Commission to get on with its work."

Now these two comments are interesting given that both men could have - at any point - directed Eastern Health to turn over the reports.  At the very least, had they exercised their powers earlier they would have saved everyone the embarrassment of watching Eastern Health officials testify under oath that the board's position was basically an invented crock of nonsense.

The whole fiasco just makes you wonder.

And if that wasn't enough, take a look at acting Eastern Health chief executive Louise Jones' latest offering:  according to VOCM, she is now thankful for the court decision. Apparently, Eastern Health couldn't make such a decision on its own.

Couldn't make a decision to release documents that she and her colleagues in senior management knew weren't peer reviews in conformance with corporate policy and couldn't be quality assurance reviews since there is no quality assurance policy/program at Eastern.

Wow.

This little VOCM report is a collection of penetrating insights into the obvious, vapid comments that make Paris Hilton seem like a Rocket Scientist and what appears to be the third entirely different strategic talking point in as many days for Jones.

None of it bodes well for public faith in the health care system.

One can only imagine what the talking points will be once the inquiry is underway and Wiseman is under oath.

-srbp-

16 February 2008

Where was the provincial inspection?

While there has been some public kerfuffle over the announcement that bridges along the former railway will be closed pending further engineering inspections, did anyone notice that it was federal authorities who conducted the inspections and sounded the alarm?

It's there, plain as day in the government public advisory:

Transport Canada, under the authority of the Navigable Waters Protection Act, carried out inspections of 109 structures located along the T’Railway Provincial Park and has prepared a report on their findings.

Transport Canada indicates that 18 structures pose an unreasonable life safety risk to the public. The report also indicates that many other structures should be examined for life safety issues.

Well, of course, they noticed.

The Telegram's Rob Antle led his story with just that point.  Antle notes that the feds were inspecting the bridges that crossed federal responsibility for navigable waters. They looked up to see what might be coming down on Newfoundlanders and Labradorians in boats from bridges that are entirely within the provincial government's jurisdiction.

Fourteen of the bridges were found to be in such a state of disrepair that they posed a hazard to people passing below.  Transport Canada has given the province until 11 March to submit an action place on the 14 most serious problems.

Interesting.

The provincial government - which actually owns the bridges  - had to get the hammer dropped on them by the feds.  The feds sent the province a message on Monday, along with the demand for the remedial work, and it took three days for the province to get going.

The federal message didn't cover all the bridges.  It only covered the ones over navigable waters.

In 2003, the Auditor General criticised the provincial public works department for its bridge inspection policy and a subsequent report in 2005 noted improvement.

Nowhere, so it seems, did anyone think of the bridges and trestles on the T'Railway.

This situation gets a little more interesting when the former executive assistant to the minister responsible for the T'Railway makes a comment about the whole thing that "Justice and the Auditor General have prevailed in making the government realize that they had ignored a potential liability for as long as they dare try." [Emphasis added]

If we take that comment at face value, the problem with the bridges and trestles has been known for some time. It's just been ignored  - or "managed, as the former EA prefers it - and not just by the former Liberal administration.  Nope, in order for these bridges to get into such a state that the feds have demanded the province take action, the situation must have continued to deteriorate under the current five-year-old administration.

Meanwhile, the same guy lumps the provincial action on the bridges along with the threat this week to close personal care homes that don't have fire sprinklers.  The homes still haven't complied with a 2003 order by the provincial fire commissioner.

Okay.

Well, let's not get carried away here.

First of all, if the feds hadn't stepped into the bridge issue, there's no way of knowing how long the thing might have gone on being "managed".  The justice department and the Auditor general had little if anything to do with the T'Railway closure.

Second of all, there are more than a few questions surrounding this personal care home thing.

Sure it has taken a long while for government to act.  The provincial government is getting plenty of praise for supposedly putting personal safety ahead of some other undefined thing.

But has anyone bothered to ask why now?

Why in the middle of February with a maximum of 60 days to have the sprinklers installed or face closure?  The provincial officials in municipal affairs and in health are well aware of the issues involved with some of the homes that still haven't installed sprinklers and they aren't simple recalcitrance or neglect on the part of the owner-operators.

Nope, that simplistic view hasn't held up to the news coverage this week.  Some operators have had trouble getting a contractor to do the work.  Some are having trouble raising their share of the cost which, even allowing for the government subsidy, is still likely to require some to spend a hunk of cash from the bank. Some of those costs are due to the age of the buildings or problems with the water supply.  One operator will reportedly have to install a reservoir just to provide the needed water since the municipal supply can't meet the need.

The question of timing is also interesting if you consider the problem starting in 2003.  There were some 81 homes needing sprinklers, of which only 22 remain un-"sprinkled".  One went out of business.  That means the other 58 homes were done over the past five years.

That works out to 12 a year which - dare one consider - might just be the capacity of the local contracting marketplace for this work. That would give us about two more years to finish off the last of them.

The number of homes left to "sprinkle" could also reflect the cost and time involved in other structural alterations and any local permitting or rezoning.  One personal care operator opted to renovate and expand his facility.  After all, if you have to do some capital improvements why not do a bunch at once? He ran into zoning issues and is now looking at having to install sprinklers to meet the current order and at the same time look to abandon his current operation when he moves into a new site.  The time spans involved here have been measured in years since the bureaucracy at the provincial and municipal level tends to be a bit sluggish at times.  All understandable reasons in the practical world.

So you have to wonder why - very suddenly this week - a bunch of fire officials marched into 22 personal car home across the province delivering the closure orders, to be followed within minutes by a bunch of officials from the local health board to start talking about shifting potentially 290 seniors and developmentally delayed people to new digs.  New digs, by the by, which do not exist in the system.

The orders were clear: 30 days to get a signed contract for installation, with a maximum of 60 days to get the work finished or you're out of business and your residents will be shifted.

But if it is such a life safety issue that can no longer be "managed", one must wonder why this became such a sudden realization.  These personal care homes are regularly inspected and have been licensed annually.  Health officials know the issues - presumably - and have either approved of or demanded successfully  that the various homes put in place extra staff at night or whatever measures would be necessary to avoid a repeat of the infamous Chafe fire in 1976.

After all, it's not like the federales just showed up and complained.

The Tiffany fire, some have suggested.

Well, that's really an interesting choice.  The Tiffany is an apartment building.  It has a superintendent, just like all other apartment complexes and while it has a preponderance of elderly residents, it's not even close to being a personal care home with its staff who are there day-in and day-out to care for and protect the residents.

And that just brings us around again to wondering why - right out of the public blue - two departments decided to step in and tell 290 people they will possibly be moving to not just a new home but possibly a new town or a new part of the province, unplanned, just...just...because.

That's not to diminish the public safety issue.  But don't forget this is the same administration that over in another corner just this past week had to be told by another government to sort out a bunch of bridges over which thousands of people ride each year and thousands more ride under.

Someone else had to tell them about the bridges.

Bridges the provincial government owns.

A closure in November 2006 wasn't enough.

So on the bridges, where exactly was the provincial inspection program that missed all the problems?

And on the personal care homes, why now?

The answers to those are not obvious and, given the provincial government's penchant for obfuscation, we may never know.

-srbp-

The External Review Reports decision

While this will eventually make it to the Internet in other legal databases, here's a copy of the decision rendered by Mr. Justice Wayne Dymond in the application by Eastern Health on certain documents requested by the Cameron Inquiry into breast cancer screening.

This is an extremely enlightening document since it demonstrates fairly clearly that even the evidence led on direct or cross examination of Eastern Health's own witnesses contradicts acting chief executive office Louise Jones claim on Friday that these external reports are peer reviews and were considered so by Eastern Health.

At paragraph 39 and subsequently, for example, it is clear from testimony by Dr. Oscar Howell - current vice president medical services - that the work done by two external consultants did not conform to establish Eastern Health policy on peer reviews:

More than one doctor was subject to the review; at least one of the doctors subject to the review had a hand in selecting the reviewers and ultimately, the reports continents were not distributed to the review subjects in the form of a "sentinel report."

On the related issue of the reviews being quality assurance reports, according to Howell's testimony:

Q. So, if the Health Care Corporation, because we’re going back, in fact there isn’t even a Peer Review Policy for Eastern Health – they’ve adopted and continued to apply for positions, the Health Care Corporation’s right?

A. That is correct.

Q. I think it’s important that the Court understands that there is nothing written, there is no Quality Assurance Committee written down anywhere is there?

A. No.

Q. You are going about setting in place a written Policy, aren’t you?

A. We are working through that process, that’s correct.

Q. And with a view to ensuring that, and being able to identify that committee as a s. 8.1 committee isn’t it?

A. That would certainly be very important.

No quality assurance committee. No policy currently in place. Dr. Howell was asked if it was his view that the two experts were being retained to conduct a peer review. He replied: "It is not."

Then there's the famous testimony of the doctor who organized the reviews:

Q. Yes, you -- sure you would, of course you would and this idea that the statement that Bannerjee and Wegrynowski [the external consultants] were designated Peer Review Committees or Quality Assurance Committees, that’s covered by the [Evidence] Act, that notion, or that whole idea only came up long afterwards, didn’t it?

A. That came up in the past six months, the past year or so, yes.

Q. Yeah, but it didn’t occur in the fall of 05?

A. No, I wasn’t thinking about that in the fall of 05.

Q. And, no one spoke to you about it at that time?

A. No.

The idea that the external reviews were peer reviews or quality assurance reports covered by the Evidence Act only emerged within the past year, i.e. since the Cameron Inquiry was established.

The entire decision is rendered in about 39 pages, including the obligatory title page. It's not a long document nor are the issues complex or convoluted. The words used are pretty straightforward, as legal decisions go.

What is fascinating is the information obtained from the sections of evidence - only some of the testimony entered - about the whole issue. We are starting to see the first glimpses of detail of this highly controversial issue.

In particular, though, at this early stage, it is really instructive to look at the position being taken by Eastern Health on certain issues and compare them to what was actually said in court. In some respects, it's not far off the gap between the public statements and the facts - as demonstrated in court - related to the Ruelokke Affair.

-srbp-

Government Blackberries directing EHA media work?

Eastern Health Authority's (EHA)willingness to get past the "peer review" fiasco lasted less than 24 hours apparently.

Discussing Eastern's plan to make public the two reports next week, get a load of these comments:

Louise Jones, the interim chief executive officer of Eastern Health, said Friday that despite Dymond's ruling, the authority maintains that its position was correct.

"We believe that this was peer review. We believe that they were set up under the Evidence Act," Jones said. "We told the peer reviewers and we told our physicians and our staff that that was the case."

There are some obvious problems with Jones comments: one factual, one strategic.

First, there's the matter of fact.

That was decided by Mr. Justice Wayne Dymond:

[122]   The Court finds that based on the evidence presented and the arguments set forward in counsel’s brief that the four Reports prepared by the internal reviewers are not Peer Review Reports or Quality Assurance Reports and are therefore not protected by s. 8.1 of the Evidence Act. They are not protected by the Wigmore Principles as set out above for reasons as stated.

We'll give you the full decision later today, but for now just take that simple statement.  There's no question:  the reports are not peer reviews. 

Period. 

End of discussion. 

The reason the medical association is comfortable with the decision is that it was based on a finding of fact - not of the law and the Evidence Act - that reports were most emphatically not peer reviews.

And to make it even more plain, let's all recall that the Eastern health official who set the damn things up testified under oath in a court of law, subject to penalties for telling lies that he never considered the reports to be peer reviews.

There is absolutely no value, legal or otherwise, of maintaining this position.

None.

There is no value in taking the position that "I don't care what the judge said.  We were right all along."

That's the second problem here.  Aside from the matter of fact having been settled, Jones comments repeat the public relations mistake inherent in the whole thing in the first place. 

The faux magnanimity of the release issued on the day of the decision was at least magnanimous:  let's get past this and move on in the wider public good.

These comments sound suspiciously familiar.

Do we know anyone else who is fond of saying that sort of thing?  Sorta like:  I don't care that the judge ruled against me - for the umpteenth time - I know I was right all along.

Geez.

Who might say something like that?

Did she say Dymond got up on the wrong side of the bed?

Okay. You're getting the point.

Dymond's comments are so overwhelmingly similar to a classic Danny Williams line that it would hard to believe the two lines didn't come from the same place or from the same inspiration. 

There's been a detectible change in Eastern's media work since Christmas, starting with the sudden appearance of Jones on Open Line.  She did an appalling job of defending this whole legal appeal in the first place, but the fact was she was there, taking the heat off the minister - Ross Wiseman - to whom media had started directing questions on the whole matter.

Uncomfortable spot for Wiseman and the whole provincial cabinet.

This would be Ross Wiseman who has the power to order Eastern Health to do things when it suits his political purposes - i.e. Fred Kasirye - and to crow about it all the while in public.  But then in other cases, he becomes but the humble slave of the people with the real decision-making power, those at Eastern Health.  That would be like this one say.

You see Wiseman could look like the Protector of the Public on Kasirye.  Even if, as it turned out, the review didn't turn up anything in public that looked abnormal, the guy was shot, in public for the optics of it.  He couldn't have been any more expendable if he was wearing a red shirt on a landing party standing right next to Jim Kirk.

On the breast thingy, leaving aside Wiseman's eventual testimony, this one is pretty much a political loser and the Blackberries in the administration wouldn't want him anywhere near that.  They could even have little stickers across the top of the screen to remind the thumbs that  "The buck stops somewhere else" but that's another story.

There's been such a change in Eastern Health's media work just in the past few weeks you'd almost think there was some direct connection between the two.  Almost like there was a direct connection between the top and EHA. A two degrees of separation kinda connection.

if that's true, then it isn't good.

The Blackberries aren't that good when it comes to media relations in a crisis. 

Happy, happy crappy is their forte. 

Stinky messes?

The crap lands somewhere else.

Only problem is that five years in, the Blackberries haven't figured out yet that the smell they are getting is coming from their own shoes.

-srbp-