Canada: Legislation limits free speech for journalists

(Image: Shutterstock)

(Image: Shutterstock)

Canadian journalists will face fines for commenting on the striking action of trade unionists under new legislation passed in the province of Alberta. As reported by Index on Censorship earlier this week Bill 45 and Bill 46 will see heavy sanctions placed on those who partake in illegal picketing or comment publicly on those doing so. Both bills passed through their third and final readings on Wednesday 4 December, in front of a full gallery of concerned members of the public

Journalists now face fines of $500 a day for any comments made regarding support for union strikes. Alongside this, Bill 45 also limits the discussion of striking action or threats to strike by civil servants, fining unions $1 million a day unless they are able to convince a court they were not responsible for or encouraging of the striking talk.

Don Braid said in the Calgary Herald this week: “It’s hard to imagine a more blatant violation of free speech, a right that always implies a certain social anarchy to function usefully. People are not allowed to break laws, but they are permitted, except in obvious cases of threatening harm, to talk about challenging, testing, pushing or even breaking them. The offence is in the breaking, not the talking. But not for Alberta’s public unions. Talking is now pretty much illegal.”

An earlier version of this article referred to Alberta as a state. It is a province.

This article was originally posted on 6 Dec 2013 at indexoncensorship.org

 

Canadian journalists face limits on free speech

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

Journalists in the Canadian province of Alberta could see their right to free speech stifled as new legislation, aimed at suppressing the illegal striking of union members, will impose heavy fines on those who comment publically in favour of those picketing.

For members of the Alberta Union of Provincial Employees (AUPE) it has been illegal to strike since 1977. The new legislation, introduced by Alison Redford’s Progressive Conservative government, will abolish the action of arbitration, as well as freezing wages and imposing fines, both for those who take part any form of “illegal” striking and those who comment on it.

According to Bob Barnetson, the director of the Human Resources and Labour Relations programme at Athabasca University, Bill 45 would see newspaper columnists who write opinion pieces about the plight of workers, or those who merely comment “the only option they have is to strike” handed a hefty penalty for their work. Making such comment would be a violation of section 4.4 of the bill.

“So what happens to the editor or academic?” Barnetson wrote on his blog  last week. “Well, s.18.1 says that if you violate s.4.4 you are guilty of an offence. Under s.18.1(d), the editor or academic would be liable for a fine of $500 a day per day of the contravention. Section 20(a) says that prosecution may occur within 1 year of the last day the offense occurred”.

David Climenhaga, a well-known labour blogger in Alberta, believes the imposed fines would stretch as far as catching-out members of the public who showed up at an “illegal” picket line or members of other unions, not subjected to the legislation, who joined a picket out of solidarity: “So, while the bill is mostly careful to restrict penalties to union members and officers, on the always dangerous question of free speech, it extends its attack to “any person” who says the wrong thing to a civil servant.”

Bill 46, which will run alongside Bill 45, will see the 21,642 members of the AUPE forced back to the bargaining table in January or accept a 0% wage increase for the next two years.

An earlier version of this article referred to Alberta as a state. It is a province.

Obama and Harper — Modes of Support for Fossil Fuel Development

(Photo Illustration: Shutterstock)

(Photo Illustration: Shutterstock)

The continuing advance of climate science, as reflected in the Intergovernmental Panel on Climate Change’s recently released Fifth Assessment Report, points ever more strongly to the need for an expedited phase-out of carbon emissions from fossil fuels. Only a fundamental transformation of the current energy system during the coming decades may make it possible to avert disastrous impacts of global climatic disruption.

Carrying out such a transformation would be a political, economic, and technological challenge under the best of circumstances. But it is made especially difficult by corporate and ideologically driven opposition — most notably, by pressure from fossil fuel production interests to protect their strategic position and set the terms for government policymaking.

The United States and Canada exemplify the power of the dominant energy interests. The governments of both countries strongly support the expansion of domestic fossil energy extraction, production, and export. But the collision between climate science and energy politics, and threats to freedom of communication, are playing out differently in the two countries.

With the Harper government in Canada, for years we have witnessed an ongoing repression of climate and environmental science communication by government scientists, along with systematic cutbacks of environmental research and data collection. “Harper’s attack on science: No science, no evidence, no truth, no democracy“, an excellent review and discussion in the May 2013 issue of the Canadian journal Academic Matters, itemized a series of moves by the Harper government to control or prevent the free flow of scientific information across Canada, particularly when that information highlights the undesirable consequences of industrial development. The free flow of information is controlled in two ways: through the muzzling of scientists who might communicate scientific information, and through the elimination of research programs that might participate in the creation of scientific information or evidence.

It appears that the issues on which government scientists are subjected to the tightest political control of communications include climate change, the Alberta tar sands, the oil and gas industry, and Arctic wildlife. In other words, issues on which free communication of scientific evidence could pose problems for corporate energy development interests.

The situation in Canada has driven government scientists to hold public protest rallies twice in the last year. In September, rallies in major city centers and on university campuses were held across the country.

“It isn’t the way science is supposed to be. It’s not the way science used to be, the way I remember it in the federal government,” IPCC vice-chair and retired Environment Canada scientist John Stone told The Guardian.

So the Harper government can be said to be following in the footsteps — even surpassing — the record of the former Bush-Cheney administration in the U.S., whose alignment with energy industry interests led them to misrepresent climate science intelligence and impede forthright communication by federal climate scientists.

In the U.S., the Obama administration presents a complex picture that differs from Canada in significant ways, but also suggests the problematic nature of government support for expanded fossil energy extraction and production. The administration appears susceptible to industry pressure aimed at playing down the environmental and societal consequences of fossil energy resource extraction and use.

After several years of near-silence on climate change at the highest levels of U.S. political leadership, in June President Obama finally gave a major public address on climate change (the first by an American president) and laid out a multifaceted Climate Action Plan. The plan focuses on actions that can be taken by the White House and Executive Branch in the absence of action by a Congress that is tied in knots, largely subservient to corporate energy interests, and with much of the Republican Party aligned with the global warming denial machine.

Under Obama, we see a more straightforward acknowledgement of climate science and assessments by the most credible experts, and more straightforward communication on climate by federal research agencies. The forthcoming National Climate Assessment, scheduled for release next spring, will address the implications of climatic disruption for the U.S., across geographical regions and socioeconomic and resource sectors (public health, water resources, food production, coastal zones, and so forth). The importance of national assessments for public discourse was underscored when the Bush administration, in collusion with nongovernmental global warming denialists, suppressed official use of and references to the first National Climate Assessment, which had been completed in 2000.

Yet, despite the numerous constructive action items in Obama’s Climate Action Plan, there appears to be a contradiction at the heart of Obama’s policy, as indicated by the administration’s adoption of what they call an ‘all of the above’ approach to energy development. Obama points to increased U.S. fossil energy extraction as a major accomplishment. U.S. energy development includes ‘mountaintop removal’ coal mining in Appalachia, large-scale coal strip-mining on public lands in the West, and increased coal exports; deepwater drilling for oil in the Gulf of Mexico, even in the wake of the BP oil blowout disaster in 2010, and quite possibly drilling in the Arctic Ocean off the coast of Alaska; and a dramatic increase during the past five years in natural gas production using directional drilling technology and hydraulic fracturing of shale deposits that cover a number of large areas across the country.

Natural gas from ‘fracking’ appears to be an essential component of the administration’s climate policy, i.e., relying on the ongoing trend of substitution of natural gas for coal in power plants in order to meet a 2020 goal for reducing U.S. carbon emissions. The Department of the Interior has proposed to open 600 million acres of public land to fracking. But fracking is controversial, raising concerns about contamination of drinking water in affected areas by chemicals used in fracking, large-scale use of water in drilling, air pollution, leaking methane greenhouse gas emissions, and industrial degradation of rural landscapes. Environmental groups have protested at the White House, calling for a moratorium on fracking on public lands.

There are sIgns that the administration may be allowing political pressure from the natural gas industry to compromise investigations by the Environmental Protection Agency into fracking contamination incidents. The EPA has pulled back from several high-profile investigations in a manner that raises questions about whether this indicates a pattern of failure to act on scientific evidence. When the EPA’s scientists found evidence that fracking was contaminating water supplies, the EPA stopped or slowed down their work in in Pennsylvania, Texas, and Wyoming.

“Not only does this pattern of behavior leave impacted residents in the lurch, but it raises important questions as to whether the agency is caving to pressure from industry, antagonistic members of Congress and/or other outside sources,” Kate Sinding at the Natural Resources Defense Council notes. “This trend also calls into serious question the agency’s commitment to conducting an impartial, comprehensive assessment of the risks fracking presents to drinking water—a first-of-its-kind study that is now in its fourth year, with initial results now promised in 2014.” The EPA recently announced that it has delayed the expected final date of this study until 2016 — Obama’s eighth and final year in office. Meanwhile, industry continues to create a fait accompli of radically expanded fracking operations.

Obama has adopted a forward-looking position on climate change. But his ‘all of the above’ energy policy, and particularly his full-speed-ahead support for shale gas fracking, raises the question of whether politics is impeding freedom of communication by government experts — and whether the EPA is thereby being impeded in doing its job of protecting the public against the environmental dangers of fossil fuel development.

This article was originally published on 8 Oct 2013 at indexoncensorship.org

Canada’s record on free expression under pressure

(Photo illustration: Shutterstock)

(Photo illustration: Shutterstock)

Despite having a generally positive free expression record, Canada has, in recent years, taken some regressive steps, driven by court decisions that weakened confidentiality for journalists’ sources, obstructions to reporting during Quebec’s student protests and the introduction of a bill, which was later withdrawn, but would have allowed the government to monitor Canadians in real-time without the need for a warrant.

Conservative Prime Minister Steven Harper’s government has been criticised by activists for its tightening of access to information and slow response time to requests. Harper is accused of banning government-funded scientists from speaking to reporters about climate research.  The country’s 30-year-old Access to Information Act (ATIA) is also highlighted as an obstacle.

Canada’s Provincial governments exercise strong influence on the rights of the media and individuals. During the so-called “Maple Spring” in 2012 Quebec passed an emergency law aimed at stifling student protests against tuition increases.

Media Freedom

Cases challenging source confidentiality and various proposed bills have given free expression campaigners pause about the state of media freedom.

Currently, there are concerns about a move to foster tighter regulation of state-owned Crown corporations which would have potentially chilling effects on the Canadian Broadcasting Corporation and Radio Canada. Bill C-60 “gives the Treasury Board the right to approve Crown Corporations’ negotiating mandates, have a Board employee present at the negotiations between unions and management, and to approve the new contracts at the end of the process.“  The worry is that C-60 would lead to a deterioration of the arms-length relationship between the government and CBC, the country’s independent public broadcaster.  A group of free expression organisations are calling for the CBC to be exempt from the Bill.

Canadian Journalists for Free Expression’s 2012-2013 report outlines a systemic failure of the Canadian government to respond to requests for information, particularly around climate change research. The report details that some government-funded scientists must seek permission from the country’s Privy Council before speaking to the press – even in cases where the research is already published. As CJFE points out, delayed information often leads to journalism denied. The group singles out the Department of Fisheries and Oceans for seeking to muzzle its scientists.

Two 2010 court cases have dealt with journalistic privilege head on. While Canada’s Supreme Court Justices have stopped short of offering blanket confidentiality, they have stressed that compelling journalists to reveal sources should be extraordinary and not the rule, recognizing that investigative reporting plays an important role in society. Instead, tests should be applied on a case by case basis. In addition, the court ruled that journalists have the right to publish confidential material from a source — even when the source has no right to divulge the information or has obtained it by illegal means.

Digital Freedom

With widespread access and improving infrastructure for native groups in the country’s far north, Canada’s digital freedom environment can be seen as healthy. However, government efforts to monitor online activity in the name of security, a growing concentration of bandwidth ownership and outdated laws on privacy have troubling implications.

Digital freedom has risen to the forefront of concerns in Canada. Introduced in 2012, Bill C-30 would have allowed real-time surveillance of Canadians. The law was attacked as an unprecedented intrusion in the online life of Canadians and would have forced internet providers to install costly systems to track web usage. After being recast as a proposal meant to protect children from exploitation, the bill was eventually withdrawn in February 2013.

In February 2013, Canada’s government shelved Bill C-30, the Lawful Access Bill, in the face of widespread condemnation. Among other things, the proposed law would have allowed warrantless online surveillance. While the government presented the law as a child protection measure, opponents focused on the population-wide intrusion into the online lives of all Canadians. The bill would have also forced communications companies to undertake a costly implementation of technologies to monitor and record internet traffic. The abandonment of the bill was hailed as a victory by free expression advocates.

Canada’s Canada’s Personal Information Protection and Electronic Documents Act, which is an outdated 2001 law on consumer privacy is also a threat to digital freedom. The country’s top official on privacy, Jennifer Stoddart, has asked the government to give her the power to fine companies found to be in breach of rules. At present, companies are not required to disclose personal data breaches.  Bill C-12, would have amended the law, but failed to move forward after its second reading in the Canadian Parliament. However, that proposal also drew criticism from open internet activists because it would give police access to user information without judicial oversight or notification to the affected party.

Artistic freedom

Artistic freedom in Canada is protected by The Constitution Act of 1982, which contains the Canadian Charter of Rights and Freedoms.

Artistic endeavours often encounter difficulty in Canada due to a lack of available stable funding from the private sector. This can result in a reliance on federal or provincial funding, which means that governments can try to rein in artistic work they feel is controversial by threatening to withdraw funding.

In 2010, the government pulled funding from the Toronto theatre and music festival SummerWorks, after it displayed a play the government felt glorified terrorism. SummerWorks efforts were seriously damaged as a result — government funding accounted for 20 percent of the festival’s finances. Funding was later restored in 2012.

The Ontario Film Review Board, a governmental body once known as the Board of Censors when established in 1911, answers to the Minister of Consumer Services. Its activities are supported by the Film Classification Act, 2005.

In April 2007, after much dispute amongst the artistic community in Canada, MPs removed the artistic merit defence from Canada’s Criminal Code. The defence was originally granted by the Supreme Court of Canada in 2004, but Conservative MP Pierre Lemieux attempted once again to table the Private Member’s Bill C-430, which would remove artistic defence and replace it with public good.

This article was originally published on 16 Aug 2013 at indexoncensorship.org. Index on Censorship: The voice of free expression