The Fair Elections Action Plan

What problems are the Conservatives really trying to solve with bizarre Fair Elections Act?wrote Andrew Coyne in an excellent column two days ago.
I'd like to pillage that model and expand on it a bit.

Problem : Investigation into election fraud in 2011 Election 33 months ago being rushed along at dangerous breakneck speeds.

Fair Elections Act Solutions : 
1) Deny Elections Commissioner authority to compel documents and witness testimony (with individual authorizations from the courts)  - a power nonetheless already enjoyed by elections chiefs in most provinces : Yukon, Alberta, Manitoba, Ontario, Quebec, Nova Scotia, and New Brunswick. 
Chief Electoral Officer Marc Mayrand on CBC's The House yesterday :

"Many people refused to talk to the commissioner even if they were not suspects. I'm afraid to say this is happening more and more in files investigated by the commissioner."

2) The Del Mastro clause. Require Elections Canada to inform subjects they are being investigated while preventing EC from telling the public about it.


Problem : Public trust in fair elections in Canada at all time high.

Fair Elections Act solutions : 
1) Governing party rewrites election law while being investigating by Elections Canada for election fraud.
2) Don't consult with Chief Electoral Officer before tabling major overhaul of Elections Act.
3) Deny Elections Canada commissioner access to parties' and riding associations' financial documentation to support claims made on their financial returns. 
4) Forbid Elections Canada from communicating with public. Mayrand :

"Most reports and research will no longer be public - not only not available but probably won't be done at all. 

I can no longer speak about democracy in this country except where and when to vote. I am not aware of any other electoral bodies around the world who cannot talk about democracy."   

then cut off debate about the bill in the HoC, sending it to PROC with its 6 out of 10 Con committee members.

Problem :  Serially violate election law successfully but then lose court battles to election watchdog.

Solution : Neutralize watchdog by moving entire elections enforcement apparatus from current independent office answerable to Parliament to inside Peter MacKay's ministry.

Problem : Too many people vote - 61% in the last federal election - especially aboriginals, young people, old people, and poor people.

Solutions : 
1) Forbid Elections Canada from encouraging voting, including terminating the mock elections model currently being taught to 300,000 Canadian students.
2) Voter suppression. Kill off vouching *** - the provision allowing an elector to prove their residence in a riding by having someone they know in the riding who is registered to vote sign a legal document.  Marc Mayrand on CBC's The House again :

"Every Canadian has the right to vote. That's a universal franchise. Vouching is meant to assist people facing challenges. We estimate that in the last election a little over 100,000 electors required vouching before they could cast a ballot. What will happen to those electors in the next election?"

Neufeld Compliance Review, commissioned by Elections Canada :

"The audit estimated that “irregularities” occurred for 1.3 percent of all cases of Election Day voting during the 2011 federal election."

and of those irregularities, "0.4 percent of ballots had irregularities due to vouching - of which the vast majority were cases of misfiled paperwork, not misidentified voters."

Problem : Parties not spending enough time and money on elections 

Solutions : 

1) Bump allowable individual contribution limit up by 25% with yearly increases to follow.

2) Bump party spending limits directed at new members up by 5% ($22-million).

3) Permit parties to exclude from declaring as a campaign expenditure any communication with electors as long as it's done with an elector that has contributed before in the previous five years and that it includes a call for additional money.

Mayrand : "20 to 25% of total expenditure goes to GOTV"

Problem : Incumbents don't have enough advantage over new candidates.

Solution :  See Solution #3 above.

Problem : Not enough Pierre Poutine robocalls are being made during elections.

Solution : Ditto

Problem : Not allowed to campaign on Election Day 

Solution : Ditto

***On a personal note, I have often relied on vouching in order to vote in my riding, despite having voted in every election I have been in the country for since I came of age to do so. I have a voter ID card, a Canadian passport, a Canadian citizenship card, a BC health care card, and a deed to the house in my riding which has been my only residence for decades. None of these have my address on them, including, according to Elections Canada, the deed to my house because it lists a rural RR# address they no longer recognize. I pay all my bills online or through my credit union. 

Just get a driver's licence says the harried DRO every time. 

Why? says I. Driving a car is not a requirement of citizenship.

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Council of Canadians Phone Your MP Against Unfair Elections Act campaign is today!

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h/t Beijing York for Mayrand interview - highly recommended. 

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On coalitions, mergers and aquisitions

Liberal MP Martha Hall Findlay stood three separate times in the House on Friday to beg the Cons for recognition of the "important work" the Liberal Party had done to ensure the expected passage of the Canada-Colombia Free Trade Agreement at third reading today.

MHF to TradeMin Peter Van Loan :

Mr. Speaker, could the minister speak to the participation of Liberal Party, in particular of my colleague from Kings—Hants, [Scott Brison] that resulted in an addition to this free trade agreement with respect to human rights, of which Liberals are very proud? I believe it was singularly important in being able to get our support for it.
Could the minister speak to Liberals' very constructive participation in the process?

Well we didn't really need your unnecessary figleaf of a human rights amendment that allows Colombia to do its own year-end reports on its human rights atrocities, Peter Van Loan did not quite answer, but then Van Loan's Parliamentary Secretary Con MP Gerald Keddy graciously acceded to her request that the Libs be given credit for it :

I would say that I appreciated the intervention by [LibCon Scott Brison] ... We were, quite frankly, stymied at committee. We were not moving forward. It enabled us to move forward.

Martha Hall Findlay pressed ahead for more pats:

I will point out that earlier, the minister had said that the addition in terms of human rights was not necessary. I am glad to hear my colleague now acknowledging that in order to move this through and to get approval, in fact, the work by my colleague from Kings—Hants [Brison] and the Liberal Party was instrumental in getting this to the point of getting it through the House, so I thank my colleague for that.

Bloc MP Jean-Yves Laforest :

Mr. Speaker, I would like to ask the hon. Liberal member a question. How can she explain such a drastic change in the Liberal Party's position since last fall, both in committee and in the House, regarding possible support for a free trade agreement with Colombia?
This support was very clearly expressed at the Standing Committee on International Trade. Unanimous consent was reached regarding the need for an independent study—before Canada ratifies the agreement—on the Colombian government's respect for human rights and what it is doing to prevent human rights abuses. Why such a difference between the Liberals' position last fall and their current position?

Martha Hall Findlay now moves into full on Brison fluffer position :

In the end, we determined that it was better to adopt this position for Canada and for people elsewhere.
I would also like to say that the speeches given by my hon. colleague from Kings—Hants [Brison] on human rights greatly helped convince other Liberals that, as a party, we can now support that position.

Brison's speeches! LOFL.
NDP MP Peter Julian points out the very long list of Canadian and Colombian unions and aboriginal and African-Colombians that

"the Liberal Party systematically obstructed and refused to hear from. It shut off all debate before the committee. Two years ago, when we went down to Colombia, the trade committee came back with a unanimous recommendation to not proceed with this agreement."

Martha Hall Findlay says some more things about "the hard work and the excellent work" of Scott Brison and at least the Libs are trying to get along with the Cons, you know? Windows not doors, going forward and all that.

After QP, Transport Minister John Baird had one thing to say in response as debate on Canada-Colombia FTA resumed :

"Unanimous consent to resolve that Jack Layton is the leader of the official opposition, agreed."

Ouch.
I know - not quite the coalition/merger post you were expecting.
But it's the only one that's going on, as the Cons continue to ride the Libs for it.
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Tuesday Update : Libs and Cons - 188 votes ... NDP and Bloc - 79

Scant news coverage today of what amounts to Canadian complicity in a death sentence for trade unionists, small farmers, aboriginals, Afro-Colombians, and the 4 million displaced inside Colombia. In 2009, half the assassinations of trade unionists world wide - 48 out of 100 - took place in Colombia.

Oh wait. Canadian Business Online has something :
House of Commons passes controversial Colombia FTA :

A Human Rights Watch report last year on a massacre in Colombia, and an Amnesty International report, concluded that things have gotten worse in Colombia.

In December 2008, the United Nations high commissioner for human rights criticized the Colombian government for its public stance against human rights advocates on its own soil. The stigmatization of such groups puts their ``life, security and valuable work at risk,'' it said.

Thank you for that, Canadian Business.
I am past disgusted with the fools and knaves and opportunists who represent Canada today.
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Inside the International Trade Committee

Debate on the Canada-Colombia FTA resumed at the International Trade Committee today with the Chair stating he wasn't going to allow a whole lot of witnesses to testify just so they could put it on their resume. Very classy, Mr. Chair.

Today's first witness today was Yessika Hoyos Morales, lawyer, Colombian human rights activist, and the daughter of a murdered trade unionist.

Paramilitaries are still in place in 293 Colombian municipalities, she said, and the Office of the Public Prosecutor, as of Sept 2009, has been carrying out investigations into 2,077 executions of people killed by the national army.

While the government has announced an effort to protect trade unionists and human rights people, the Department of Administrative Security scandal has put paid to that. DAS infiltrated human rights groups and then passed lists on to paramilitary groups to target their members, including judges, with intimidation and murder. Ironically, DAS is now promising to work with these same human rights groups to produce human rights reports for Colombia as part of Canada's FTA conditions.


Gauri Sreenivasan, Canadian Council for International Co-operation, was next up. CCIC believes in the potential of trade agreements to lift people out of poverty, she said, but not this agreement. Why, she asked, is the violence in Colombia always spoken of in terms of fights between rival drug gangs with no mention made of the DAS scandal overseen by Uribe's chosen successor? Or the policy of false positives, the army's extrajudicial killing of civilians who are later dressed up as guerrillas to increase the battle body count which secures more US aid for fighting guerrillas and traffickers.

4.9 million people are displaced in Colombia, second only to Sudan. Violence and displacement are directly linked to the struggle for control over land for the development of resources including the oil, minerals, and gas that Canadian companies are heavily involved in. The UN Raconteur For Internally Displaced People has said the taking over of lands is now a policy of displacement. Who accesses those lands for profit?

The deal is a fairly typical aggressive market access agreement. The safeguards and side deals are quite ineffective. New powers of enforcement to secure access to resources that would discourage future environmental and human rights laws. The Colombian government could not introduce laws to deal with illegal seizure of land after Canadian corps in place. There is no obligation on the part of corporations to screen their security forces and no provision for victims of corporate violations to have access to Canadian courts for violations created by Canadian corps.

Agriculture market access. A very aggressive liberalization of Colombian markets would accelerate displacement. Lifting tariffs on grains, wheat, and pork will undermine 12.000 local wheat farmers and 9000 jobs in informal pork sector. This FTA eliminates measures to protect farmers.

Side note : For an amusing counterpoint to her argument on tariffs, see Con committee member Brad Trost's argument in today's National Post on why this FTA will be good for Colombians :

"Free trade in agriculture will also allow the poor and other consumers to purchase foodstuffs at lower prices because tariffs on Canadian wheat, barley, lentils, peas and other crops will disappear."

This FTA does not even met Nafta standards, Sreenivasan continued. There's no independent means of enforcement and the whole mechanism of the side accord relies exclusively on the goodwill of the governments to enforce the accord. With fines only.

What happened to the proposed independent human rights assessment before implementation?
Canada's seal of approval only serves to pave the way for a US-Colombia deal, currently stalled over human rights complaints.


After all that, it was hard to imagine what former Con now Liberal Scott Brison would counter with. This deal is pretty much his baby in committee now, ever since he forged the Liberal figleaf amendment that would see each country produce ongoing yearly human rights reports instead of a preceding independent one, killed off by the Con in the House in 2008.
Take it away, Scott! :

"It's the most robust FTA agreement ever signed between any two countries.
There's only one party in Colombia against FTAs and it's polling at 5%. Isn't it culturally condescending and sanctimonious for us in Canada to say Colombians don't have the right to self-governance? They are an independent country."

Wow. Scott also asked witness Yessika Morales, daughter of a murdered trade unionist, if things haven't improved and if she didn't feel safer now.
Who is holding the "stupid" gun to Scott Brison's head?
Stewart in Colombia : Liberals Misinforming Public to Promote a FTA with Colombia.
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Libs and Cons - fighting evil together

The June 2008 Committee on International Trade passed a motion that the Canada-Colombia Free Trade Agreement should not be ratified until an independent human rights impact assessment could be carried out first.
Luckily, former Con MP Scott Brison, now the Liberal trade critic, has found a way around that.
In a deal he hammered out with Colombian President Uribe at Davros in January, Canada and Colombia will each do their own yearly human rights assessments instead.

What's not to like? say the Libs.

Sure, our annual trade with Colombia is smaller than that with Rhode Island and 80% of Colombia’s imports to Canada are duty free already, but let's not forget what's really at stake here :

Scott Brison, in the House on Monday, Sept 14, 2009 :

"If we isolate Colombia in the Andean region and leave Colombia exposed and vulnerable to the ideological attacks of Chavez's Venezuela, we will be allowing evil to flourish."

In a happy coincidence for the Libs and Cons, fighting evil in Colombia includes the handy bonus of providing cover for Canadian corporations to promote exploitation in a country that killed 45 trade unionists in 2009. and will be used to ease passage of the US-Colombia FTA, currently held up in Congress due to concerns about unchecked and increasing human rights abuses.

Saturday morning media-bash update : I see CBC's The House, the G&M, CP, etc are all touting the deal this morning as cats and dogs getting along nicely hey ho parliament does work after all let's see more of this etc. etc.
No, this is just a bipartisan attempt to get around the Trade Committee's motion to have an independent human rights assessment as a precondition to passing the bill. No one has ever doubted that the Canadian and Colombian governments could come up with their own human rights report cards to justify this deal after the fact.
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Canada Colombia FTA : How much for the little girl Part 2

The second item on the agenda when parliament resumes on Monday is the second reading of the Canada Colombia Free Trade Agreement, Bill C-23.

The Dominion posts that :

"There are strong indications that the Liberal Party are intending to support the bill. We managed to back them off once before - we need to do so again."

and provides email addies of the relevant Lib MPs, including former human rights activist Michael Ignatieff. Go.

This can only pass with Liberal support, the Bloc and NDP are opposed.

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Yesterday the US State Department ok'd $32 million that Washington had previously withheld due to human and labour rights abuses, bringing to $545 million the total going to Colombia this fiscal year to fight gangs and drug smugglers buy access to Colombian military facilities.

"A U.N. human rights investigator reported separately in June that soldiers had killed hundreds of innocent civilians, falsely identifying them as guerrillas slain in combat to boost body counts. Officials have vowed to eliminate that practice."

Oh well then.

Of course these 'practices' have been ok with Harper since way back in 2007 :

"When we see a country like Colombia that has decided to address its social, political and economic problems in an integrated way, that wants to embrace democracy and human rights, then we say, 'We're in,' he said."

"We are not going to say fix all your social, political and human rights problems and only then will we engage in trade relations with you. That's a ridiculous position," Harper said.

and at last year's Leaders' Summit :

"if the United States and our allies turn their back on an important ally in this region, that will have long-term security consequences for all of our countries in North America."

Not to mention putting a serious crimp in the planned relaunch of the Free Trade Area of the Americas Plan B, aka "Pathways to Prosperity in the Americas".

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Two days till C-23 hits parliament. Send a freakin letter to the Libs now. GO.

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And I suppose you could also drop a note to Steve :

How much for the little girl?

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Update : Pogge's letter :

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To: IgnatM@parl.gc.ca, RaeB@parl.gc.ca, MinnaM@parl.gc.ca, CanniJ@parl.gc.ca, BrisoS@parl.gc.ca, SilvaM@parl.gc.ca

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Dear Honorable Members:

The Conservative government has placed Bill C-23, the legislation to implement the Canada-Colombia Free Trade Agreement, on the order paper for this Monday the 14th of September. As I'm sure you are all aware, the Parliamentary Committee on International Trade has recommended that this legislation not be implemented until an objective third party does a thorough assessment on the human rights record of the Alvaro Uribe government which, by many accounts, has the worst human rights record in the western hemisphere.

I would ask that you please honour the recommendation of the committee and vote no on Bill C-23.

Yours truly,

[... ]

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I'm betting Pogge wouldn't mind if you sampled it.

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