Rumpole and Reversible Error #nlpoli

Brian Tobin's favourite judge may be on his way to the Supreme Court of Canada but along the way he will probably have to answer a few questions about his decision in the appeal in R v S.B.

The case is on its way to the Supreme Court of Canada and Rowe will have to appear before a House of Commons committee before his appointment is confirmed.

Justice Malcolm Rowe wrote the decision with Justice Charles White concurring.  Chief Justice Derek Green dissented.

In the original case,  S.B. was acquitted by a jury of "two counts of sexual assault upon C.M. in addition to six charges of assault (five against C.M. and one against another complainant), one count of assault with a weapon (against C.M.) and one count of careless use of a firearm." (R. v S.B.,  2014 NLTD(G) 84)

In the appeal,  Rowe wrote that notwithstanding "the serious errors made by the trial judge outlined above, the jury verdict should not be set aside. I have reached this conclusion with reluctance given the unfair manner in which the complainant was dealt with." (2016 NLCA 20)

The War of the Flea Circus #nlpoli

Muskrat Falls has become a three-ring flea circus.

In the first ring, we have the political ambulance chasers, a.k.a. Maudie Barlow and the Council of Xenophobes. The Safari Saviours rolled into town last week, issued a fill-in-the-blanks news release, and then frigged off having successfully tutted a few tuts and gained the media coverage they wanted,.

They, at least, want to end the project, which is more than you can say for the folks staging all sorts of protests here and there.  The folks in the third ring are likely the majority of folks in the province. They want Muskrat Falls finished,  no matter what the cost.  The only difference between Gil Bennett and Bill Gauthier is that Gil actually wants to spend less public money on a project that never made any sense at all.

In the centre ring of the circus we have the province's New Democrats and the self-described "progressive" white folks in the south.  The Dippers sent a letter to the Premier on Monday demanding that he open the House of Assembly "forthwith" in order to give the circus a bigger stage.  Make no mistake,  the Dippers don;t want to stop the project either.  They just want to slow things down a bit.  The NDP, like the Liberals and Conservatives and the overwhelming majority of people in the province want Muskrat Falls at any cost.

The Dippers, like some others, just want you to think they are against the project.  That is the flea in our flea circus.

And that, of course, is the flea in our circus.  It is the thing people insist is there  even when it obviously is not.

Caribous, Choice, and Craziness #nlpoli

For a while, it looked like one of the island's major communities wouldn't be able to put a senior hockey team on the ice for the new season.  Low ticket sales were threatening the Clarenville Caribous.  After a bit of publicity,  the team managed to sell enough tickets to finance the team.

There's no way of knowing if changing demographics were affecting the Caribous.  Clarenville has enjoyed a small boom driven largely by Hebron construction at Bull Arm. As that project is winding down,  the local economy is likely to shrink a bit.  Maybe some folks didn't want to shell out for hockey tickets given the local economic slow-down and the potential for more taxes or cuts coming from the provincial government.

We shouldn't be surprised, though, if more and more of these sorts of stories turn up as our population shrinks,  gets older, and migrates into some of the major centres, particularly St. John's.  After all, we've heard from municipal leaders over the past couple of years that some towns are having a hard time finding employees or even enough people to form a council.  In some places, councilors are picking up garbage and doing other jobs that the town would normally hire someone to do.

Refitting the USS Nimitz (CVN-68)

Ordered in 1967,  laid down in 1968,  launched in 1972 and commissioned in 1975,  USS Nimitz is the lead ship of  a class of 10 aircraft carriers in the United States Navy.  They form the backbone of American naval power in the world.

The ships in the class will be replaced by the Gerald R Ford class.  Current plans call for the navy to retire the Nimitz between 2025 and 2027.

The video documents part of the recent repair and refurbishment of the Nimitz at the naval shipyard in Bremerton, Washington.  It highlights refurbishment of the rudder,  catapult, and anchors and chain as well as the fabrication and installation of new sponsons on the hull.

-srbp-

The politics of Sally Albright #nlpoli

A surprisingly large number of people loved Monday's post about the political impotence of protesting against Muskrat Falls now that the thing is pretty much finished.

As if to confirm their impotence,  some of the protesters turned up on Tuesday at the government's dog and pony show.  The Premier cut out the back door to avoid them but most of the participants went out the main entrance and stepped around the folks laying about at the protest.

There was a bit of cynical joke, of course, because what was going on inside the "consultation" was a display of political irrelevance for all the folks in the building.  The whole idea of these consultations is to make people feel like they are playing some role in making government policy when, in reality, they are just being played for fools.

Eeyore and the Blustery Day #nlpoli

Premier Dwight Ball stood up before a hand-picked crowd at The Rooms on Tuesday and told them they were there to help develop a strategy for the future of our province.  They would look over some ideas the government crowd had worked up,  sit around tables talking with "facilitators" as part of this gigantic consultation, and then the government crowd would figure out what the final strategy should look like.

In his speech,  Ball said that we were in the current financial mess because the crowd running the government before now had followed a strategy of strategies.  They'd have a strategy for ever problem. One year they came out with 10.  All developed according to the same basic formula:  issue - idea - consultation - cogitation - strategy.

The Liberals would do things differently, Ball said. How they would be different he could not say. Maybe it was that instead of doing a health strategy and a n innovation strategy and a fisheries strategy, Ball and his crowd were going to have One Big Strategy.

But somehow,  the same was different to Ball's way of thinking and all would be wonderful as a result.

The Bigger Picture #nlpoli

Whatever the provincial government is doing about its own spending or the provincial economy generally or whatever it is up to starts at 9:00 AM.

They announced an invitation-only event by Twitter a week or so ago that made it sound like the Premier would be the key player all day.  On Friday, the official announcement made it plain Ball is showing up for the kick-off and wrap-up. Another announcement had him with another minister doing a funding announcement at 10:00 AM.

Oh yeah, and that invite-only thing had transmogrified into a case where "the general public" can participate by live video using social media.

There you have it:  can't tell you what they are doing because they do not know what they are doing, otherwise known as "making-it-up-as-they-go."

No encouraging at all, but let's skip over that sort of eye-roll inducing stuff and think about some of the bigger issues.  We can then keep an eye open to see how they turn up - *if* they turn up - in this stunt at The Rooms.

Politics as masturbation #nlpoli

"I am warning you.  Don't make me wear my pikachu costume."

Demonstrations at Memorial University and at Nalcor headquarters on Friday show the extent to which Newfoundland politics has become little more than irrelevant stunts staged chiefly for the personal amusement of the folks with the expensive cellphones.

The protesters do not want to stop the project. A few people who turned up *think* that was the goal. But the university students' union representative quoted by the Telegram about aboriginal rights made it plain in her CBC interview she wasn't interested in stopping the multi-billion dollar blunder cum boondoggle. 

Just as well.  The project is basically unstoppable and has been for years. That is also the position of all three political parties in Newfoundland and Labrador:  we cannot afford to let this project stop.

Sweat Equity - new ISER book on housing policy #nlpoli

Sweat Equity

Cooperative House-Building in Newfoundland, 1920–1974

C.A. Sharpe and A.J Shawyer 

"The lack of decent urban housing — a problem neither new nor unique to Newfoundland — was widely recognized during the twentieth century. After numerous piecemeal attempts to find a solution, a remarkable and successful government-supported “sweat equity” program was established in 1952, where homes were built cooperatively and, upon completion, became owner-occupied. This labor (about 2,000 hours per man) was accepted in lieu of a down payment. 

"Tracing public policy during the Commission of Government and the early days of the Smallwood administration, and sourced from archival material and interviews with surviving members of the cooperatives, Sweat Equity outlines how people in Newfoundland tried to solve the housing shortage themselves by building more than 500 houses in the 1950s and 1960s.

"This critical monograph-length study — the first of its kind on the subject — is the story of how the Commission of Government and the then new provincial government recognized the desperate need for decent accommodation and what they did to provide it."

Available online from the Institute for Social and Economic Research or in bookstores.

-srbp-

Canada's Dippers: taking the democracy out of politics #nlpoli

The guy who didn't know what electoral district he lived in  likes proportional representation.

Provincial Dipper boss Earle "More Austerity" McCurdy was so excited Wednesday that he talked to a parliamentary committee about it and even got all frothy about it on Twitter.

If proportional representation is such a wonderful thing, then Earle must have included it in his party's election platform last fall.  Right?

Go check it out.  

Look for any reference at all to proportional representation. 

We'll wait.

Take your time.

The trouble with transparency - CADO version #nlpoli

"How do you deal with a government computer system that is hopelessly out of date it wants you to 'update' your Internet browser to a version that is actually three version older than the one you are using?"

That would be the online search for the government registry of deeds, companies, and lobbyists.  The thing was already ancient in 2009 when SRBP first wrote about it. The thing was nine years old then. These days it is around 16 years old and is still chugging along.

Someone else took a poke at the database by asking for an electronic copy of the record through the access to information law. In addition to requesting the data,  the person offered an observation that the database wasn't truly access as required under the access law because the software was so old:  "I am of the opinion that these records are not truly available to the public. Currently a user must access this database online using Internet Explorer 7, which is no longer supported by Microsoft, and leaves the end user vulnerable to malware spyware. I doubt Ministers would be permitted to use IE7 at Confederation Building due to the threat of digital exploits. The CADO system built by x-wave is incredibly outdated."

The trouble with transparency #nlpoli

Last week, the provincial government's communications gang tweeted a picture, which we have reprinted on the right. It was supposed to show where Premier Dwight Ball is on his little sojourn to tomorrowland that he calls "our fiscal future."

You can see how they have crossed off a whole bunch of milestones on the way along.  Supposedly we are now at the "Focus and Refine" stage.  Next thing to come is the "Report of Choices" due at some unspecified point in the fall. Notice the diamond-shaped point there called the fall fiscal update.

The Liberals haven't told us when the update will come.  First we have to get through this thing on October 11 at which a bunch of hand-picked leaders from various "sectors" of our society will get to see what choices the government has already made for "our fiscal future."

This is "consultation" in GovSpeak. In LibSpeak, it is Transparency,  one of the Five Points of the Liberal Plan for Strategic Word Capitalization.

The Strategic Two-Step #nlpoli

There's a sheet of paper taped on the underside of one of the drawers in the Premier's desk on the 8th Floor.

It's very old.  No one knows for sure how long it has been there but there are countless rings from countless coffee cups on it and more than few circles from the underside of rum bottles.

On the back, there are a couple of spots where it looks like people jotted down messages and phone numbers. You know, like someone had the sheet laying around on the desk and it just happened to be the closest bit of paper handy.

You can barely make out  "Doyle - Panama" and long string of digits including what looks like a bank account number after the word Caymans.  In another corner there's a woman's first name with couple of numbers and a note :  "Frank - call her back for Christ sake.  Gerry"  

On the other side, the words are in Courier 10 point from an IBM Selectric.

At the top, in all caps and underlined, it reads  WHEN IN TROUBLE...  The first bullet is one word:  Pander.   The second bullet is:  Pick a fight with Ottawa.

The Way Forward #nlpoli

Last December, Dwight Ball laid out his plan to deal with the provincial government's financial problems.

Ball made the comments to CBC's David Cochrane a week or two after he'd been sworn in.  This was after he'd been briefed on the provincial government's financial situation, so he'd had a chance to get over any shock and figure out a plan to cope with an unprecedented financial mess.

Depending on whether you go with what Ball said last year or what he said at the Liberal fund-raising dinner last Thursday,  Ball was totally shocked to find out how bad things were or didn't bat an eyelid because he knew exactly how bad things were.  Take your pick.

Either way, here's what the newly minted Premier said were his three ways to handle the unprecedented financial mess:

Jerome! rides again #nlpoli

Retired justice David Riche is the only independent person who has examined any information about Don Dunphy's death.

Hired by the Royal Canadian Mounted Police as an outside reviewer of its investigation into Dunphy's death,  Riche had an unusual but informed perspective.  Riche's comments to reporters last week about the Dunphy shooting and the police investigation did not fit with the carefully fabricated, self-serving comments made over the past few months by the police officer who shot and killed Dunphy.

That's why former justice minister Jerome! Kennedy smeared Riche this week.  Kennedy wants to damage Riche's credibility.  Kennedy represents the police officer who killed Dunphy and who will be,  not surprisingly, the focus of much of the public inquiry conducted by Justice Leo Barry.

The fact that Kennedy's unprincipled and unwarranted attack is so transparent in its purpose means it will be ineffective, at least as far as Barry's inquiry will go.  But the prospect that Kennedy will try to turn the make the inquiry a circus is cause for public concern and condemnation.

The letter Peter Whittle got #nlpoli

This is the letter Peter Whittle got from his colleagues on the school councils federation executive. Whittle resigned today.

Samson sale price "reflective of risk": Galgay #nlpoli

Jonathan Galgay sent along an email to add some information to the post last week about the city's tax assessment for the property at 50 Beaumont Avenue, also known as I.J. Samson school.

He's adds some useful background about how the city arrived at a value:  the waited for the sale. 

Galgay also adds some other information that matches up - ironically enough - with the reasons the school-board offered up for the relatively low cost of the sale despite the fact it's a big piece of land in the centre of town.

"The sale price,"  Galgay wrote, "would have been reflective of the risk associated with the unknowns for the cost of environmental remediation , demolition of the building and uncertainty with regard to redevelopment potential related to the necessary rezoning of the property."

Exactly.  The property is worth what the market will pay for it.  And the property, as it is, comes with lots of risks, as Galgay noted.

Funny thing is that a couple of weeks ago, Galgay wrote to the provincial auditor general asking for an investigation into the process of tendering and sale of the land and building.  Galgay said he was "disgusted" by the sale.  Plus, as Galgay notes below,  the city can reassess the property as it is developed and increase the tax bill to reflect any future development. That's pretty much what folks in the real estate industry said two weeks ago.

Through others' eyes #nlpoli

For Newfoundland's pseudo-intellectuals,  the Toronto Globe and Mail is a kind of one-handed reading material.  They use one hand to scroll down the Internet site looking at stuff.  They use the other to stroke the keys of their computer until it spurts indignation all over the screen about something someone in the Globe said or didn't say about Newfoundland.

They are an easy bunch to click-bait, as the Globe editors showed this past weekend. The province's gaggle of celebrities took to the Internet to slag columnist Margaret Wente or Confederation.  Hans Rollman exploded in a ball of perpetual, fabricated victimhood. Ed Riche pretended he was above it all and, always one to spot a hot, if insubstantial, trend,  CBC produced an online piece about the negativity.

On Monday, the corp even got Wente to suffer through an interview about her recent trip to Fogo Island. "Do you understand how wrong you were?"  Grand Inquisitor Debbie asked the penitent mainlander. "Do you repent your sins?"

Yes, said Wente looking like she was going to tear-up any second. "I got Newfoundland wrong,"

Never, in the history of journalism, has so much been made by so many about so little.

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

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

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

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

What the English school district did was fascinating.

Illegal deletions okay in NL: access commissioner #nlpoli

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

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

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

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