The real political division in society is between authoritarians and libertarians.
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.
24 July 2017
Dunkirk (2017)
The New York Times, for example, called it a "tour de force", "a brilliant new film", and "a characteristically complex and condensed vision of a war in a movie that is insistently humanizing, despite its monumentality." The Guardian called the film "structurally immaculate" and "a jaw-dropping spectacle in which the picture for the most part stretched beyond [the reviewer's] field of vision, both vertically and horizontally." Vanity Fair, among others, calls the film Nolan's "most artistic, impressionistic film yet."
But the Vanity Fair reviewer gives us a clue that something is amiss with his very first sentence. He describes the challenge of trying to find words to describe this film. "It was a dance piece, then a music video, then a poem, then a prayer." His words clearly failed him.
After all, these are bizarre ways to describe a movie about the defeat of Britain and France in early 1940 at the hands of an invading German army. In the actual events, Britain only avoided a catastrophe by a combination of muddling, luck, and improvisation. The story of Dunkirk is a spectacle in its own right. It is spectacular in the wider context of defeat and conquest at the opening phase of the largest war in human history.
Thematically, Dunkirk is the antithesis to Normandy: retreat in defeat versus attack leading to victory. Dunkirk: improvised. Normandy: meticulously planned. The one is the prelude to the other. This is such a potentially rich mine of a story that it is amazing that no one has done more with it before. And it is such a well-documented story - read Julian Thompson's history, if nothing else - that it is astounding that Nolan has buggered the whole thing rather badly.
There are lots of ways to describe an event such as Dunkirk and indeed lots of ways to present the story. But dance piece? Music video? A poem you might buy into but it would be a great insult to Sassoon or Owen to liken their work to Dunkirk's pristine, one-dimensional soldiers, sailors, and pilots.
What becomes plain fairly quickly in these effusively positive reviews is that the reviewers clearly know very little of the actual events or indeed or war movies as a genre. Go read the New York Times review of the one movie made about Dunkirk before now, the one made in 1958. Now look at the reviews of the 2017 movie. The recent ones seem thin. Insubstantial. Lacking in depth either of knowledge or indeed even of morality. They inadvertently describe the 2017 movie precisely, then.
17 July 2017
Traces of the Grossly Impudent Lie #nlpoli
A bunch of words dropped in easily, maybe offhandedly.
Nothing that really stands out.
Just a simple fact.
The kind of thing that you might just skip past, unless maybe you'd been writing about this Muskrat Falls project since before it was a gleam in some old twitchy-shouldered man's eye.
11 July 2017
Heretics and Believers
As the official blurb describes it, "Peter Marshall’s sweeping new history—the first major overview for general readers in a generation—argues that sixteenth-century England was a society neither desperate for nor allergic to change, but one open to ideas of “reform” in various competing guises. King Henry VIII wanted an orderly, uniform Reformation, but his actions opened a Pandora’s Box from which pluralism and diversity flowed and rooted themselves in English life.
With sensitivity to individual experience as well as masterfully synthesizing historical and institutional developments, Marshall frames the perceptions and actions of people great and small, from monarchs and bishops to ordinary families and ecclesiastics, against a backdrop of profound change that altered the meanings of “religion” itself. This engaging history reveals what was really at stake in the overthrow of Catholic culture and the reshaping of the English Church."
30 June 2017
Canada 150 #nlpoli #cdnpoli
"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.
These solitudes are not fragments of the past of no consequence in the present. They are not without shape and substance in the world today. People who think of themselves as eternal victims of conspiracies will see conspiracies everywhere and act accordingly. For some Newfoundlanders, the British bogeyman of 1914 became the Canadian and British bogey of 1949, and the Quebec bogey in 1969 at Churchill Falls, or the bogey of Ottawa and offshore resources in 2004. A century after July 1, 1916, the result of these two solitudes is a relationship between Newfoundland and the rest of Canada that may well be more distant than it ever was, but certainly is needlessly so."For the full thing, buy the single issue or subscribe.
You'll get some thoughtful and thought-provoking stuff from writers across Canada.
23 May 2017
The Newfie Thing #nlpoli
You will find it called "newfie word of the day". The text that goes with the picture involves a joke based on some mispronunciation of a standard English word or phrase and out of that comes some sort of joke.
The one above is an example. There are dozens more. The thing is quite popular as you can tell by searching the Internet for "newfie word of the day".
Memorial University's political scientist slash sociologist Jamie Baker has discovered that the guy in the picture isn't a Newfoundlander. He's actually Czech. The picture came from a post on a Northern Peninsula blog by cabinet minister Christopher Mitchelmore. It's about a Screech-in ceremony in the Czech republic that Mitchelmore ran during a visit there on one of his numerous globe-trotting ventures.
Baker posted the link on Facebook and asked folks to give them their thoughts. Feel free to do so by sending him an email: jbaker at mun dot ca. Baker's also written about about nationalism and racism, if this interests you. He got some notoriety last week not for this "newfie" meme story but for one on a paper he wrote about young people's attitudes to the word "newfie." He interviewed 30 university students and found that among the young people, the word is either an insult or no big thing. You can find a CBC story about it, one from Radio Canada, and one from NTV.
15 May 2017
The unbroken machine #nlpoli
Starting with the basics, Dale Smith describes how the Canadian political system works and why things are like they are. The language is plain and that makes the idea understandable for as wide an audience as possible.
Every politician, pundit, and plumber should have a dog-eared copy of The unbroken machine close at hand and check it before speaking about any current issue in Canadian politics. Smith's focus is on the federal system but the basic ideas - responsible government, the role of the Crown and so on - apply in the provincial sphere as well.
Available in paperback, pdf, and ebook editions from your local bookseller or online from Dundurn Press.
12 May 2017
Junk reporting of medical research
And it spreads fake news.
There's nothing surprising in that. Most conventional news organisations produce some amount of pure nonsense in the course of a year. The crap content level varies from outlet to outlet and the people who work hard in pretty well every conventional news outlet also work diligently to get stories right.
But excrement seeps through.
It's a Law of Averages thing.
Anyway...
01 May 2017
24 April 2017
Plain language, power, and politics #nlpoli
Jacqueline Perry is the regional director of fisheries management for the fisheries and oceans department of the Government of Canada. "This is difficult stuff," she said, referring to reductions in quotas that the decisions that flow from the scientific information on fish stocks will have an adverse impact on people in the fishing industry.
"We are doing the very, very best that we can with the information that our science colleagues are able to provide to us with the input of industry. Are we getting it 100 per cent right? I don't know if we will ever know [about the precise size of fish stocks]."
In related comments, the head of the Marine Institute's fisheries science program told CBC that the "fact that there is so much controversy is indicative that communication is a necessary component … If we're going to find a way forward, we're going to have to keep talking." Brett Favaro said the Marine Institute will include course work in the master's and doctoral programs aimed at teaching scientists how to communicate their research findings more effectively.
He's talking about plain language, among other things. Plain language or Plain English establishes some simple rules about the way you use words and sentences in order to ensure the greatest number of people will understand what you are saying.
14 April 2017
Monchy-le-Preux #nlpoli
People from St. John's might know of Monchy Street, in the city's Rabbit Town neighbourhood. It is there alongside Suvla, Cairo, and Edinburgh Streets and a few others that seem to people unaware of Newfoundland's military past to have very little in common.
The streets are all connected to the Newfoundland Regiment during the Great War. Suvla is where he regiment landed during the Gallipoli campaign. Cairo is where it spent some time training before landing in Turkey. Edinburgh is the city in Scotland where the Newfoundlanders mounted guard at the famous castle. Hamel, another street in that neighbourhood, refers to Beaumont Hamel, of course.
And Monchy is Monchy-le-Preux.
03 April 2017
Ray and Robert #nlpoli
This compilation is edited by Brian Jones, published by Creative, and contains a decade's worth of writing Guy did for The northeast Avalon Times. The topics are all familiar fodder: provincial politicians.
Let's be clear about one thing up front. You will buy this book to fill out your collection of Ray Guy's work. You will not be buying it as a penetrating insight into a decade's worth of politics in Newfoundland and Labrador. Sure the cover blurbs are effusive in their praise - "brilliant writing" and "unequalled style" - but by the time Ray was clacking out his opinions on Danny, Jerome or Roger, he was clearly tired.
What's more evident is that his touchstones, his go-to references had become cliche, stale and lifeless through overuse. And what's worse, his writing lacked any sign of crispness, clarity, deftness of phrase, or any of Guy's other hallmarks.