Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Tuesday, May 22, 2012

Federal government could be sued over fisheries reform, minister admits

OTTAWA — Fisheries and Oceans Canada acknowledges its reputation and capacity to protect the nation's water are at risk because of a "change agenda" that also could be overturned in court, the department's minister, Keith Ashfield, said in a report tabled this month in Parliament.

But the report suggested the department is considering "communications" tools as part of a marketing campaign "to maintain public trust" along with the morale of scientists and experts in its workforce.

The report on the department's plans and priorities proposed "rigorous" efforts to review budgets and respond to the risk that budget cuts may hamper its capacity to "maintain appropriate service levels for internal and external clients."

Ashfield's report also warned that the department's "regulatory and operational decisions may be challenged in court, resulting in financial liability or limits or changes to our authority, policy or regulatory tools." Potential legal action could also "alter" the department's existing priorities and delivery of services, the report said.

The assessment was drafted before the government unveiled its 2012 budget, which calls for significant changes to federal laws protecting the environment and water in Canada. It also was produced before details started to emerge about budget cuts to scientific research, including the elimination of almost all department scientists monitoring ocean pollution across Canada.

The report warned that the department's "dynamic change agenda" for 2012-2013 might not succeed, but proposed a "communications strategy to support external communications of the department's new policy direction," and boost its public image. It also recommended that the department "simplify and streamline policies linked to cabinet confidence" documents, which generally refer secret advice and recommendations made by or for the government.

Tim Leadem, a staff lawyer with environmental law group Ecojustice, said the federal government should consider being more transparent and engaging in consultations with the public to boost its reputation.

"What we're going to see with this government is more and more reliance upon secrecy on this concept of government doing business, but not letting other people know what the business (is) and how it's being transacted," said Leadem, who previously worked as a senior lawyer at the British Columbia government's attorney general's office.

"So if they're worried about reputation, the worst thing in the world for a government to do is to hide behind secrecy and cabinet confidence. The way that you bolster the reputation of a government is through transparency, and this government is not being transparent at all."

He also acknowledged that environmental lawyers are considering legal challenges to the government's proposals to weaken federal laws protecting fish habitat and water, but he declined to give specific details about Ecojustice's strategy.

The report recommended the creation of special committees to address the "legal risks."

Meanwhile, Ashfield said his department's "transformation" would improve its operations, including its management of science and regulations.

"I am confident that the cumulative effects of these change initiatives over the long-term will be positive, helping to improve the quality, relevance and effectiveness of the department's programs and services," Ashfield wrote in a statement posted at the beginning of his report to Parliament.

NDP fisheries critic Robert Chisholm said he's not surprised the department is warning about the risks of its policies.

"I'm hearing that across the country because the (government's) proposals are radical," said Chisholm in an interview. "They really are proposing to withdraw significantly from their role to protect fish and fish habitat."

He added that he didn't think Canadians would be fooled by a new communications policy.

"Canadians are not stupid," said Chisholm, who represents a Nova Scotia riding. "They can see what's going on . . . They're very concerned not only with the policy changes, the cuts, the direction of those cuts, but also the way the government is just steamrolling through any sense of democracy (or) any sense of democratic principles."

Original Article
Source: canada.com
Author: Mike De Souza

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