News Summary and Comment:

Happy Labour Day to all. Canadian accountability news today is thin. In one interesting story, however, it appears that the government of British Columbia is suing Transport Canada for failing to do its due diligence with a hot air balloon operator. This, the province argues, was directly linked to a 2007 crash that killed two and seriously injured others. The province, it appears, wants to recover heath care cost. I think this is a great development as it will force some accountability onto a department which has been shockingly negligent and unaccountable for years.

In Quebec, former Justice Minister Marc Bellemare is counter-suing the province’s Premier, Jean Charest. Charest is suing because of over Bellemare’s allegations of corrupt provincial judicial appointments.

In international news, one commentator out of Australia believes that Julian Assange of Wikileaks has set himself up for a fall. He’s done this, the argument goes, by embarrassing the U.S. government (and especially the Pentagon and the CIA) and by making himself a visible target. The suggestion is that the sexual assault charges Assange faces in Sweden are not legitimate and are just the start of a campaign against him. The underlying message is for whistleblowers and those who help them to stay as anonymous as possible.

In the U.S., the Pentagon’s audit branch is being accused of negligence and complicity with contractors. Apparently there was a backlog of audits about 20 years ago, which was resolved by rubber-stamping rather than increasing staffing. It’s a tried and true tactic, one used here in Canada too. The federal Information Commissioner, for example, has had her budget squeezed even as complaints and problems in the system increase. As for the Public Sector Integrity Commissioner, she’s done more harm than good – which, of course, is exactly what her bosses want.

See you Thursday.

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B.C. Suing Federal Transport Ministry over Crash

Quebec Judicial Appointments Scandal

Comments on Wikileaks

U.S. Pentagon Audit Agency Accused of Negligence and Complicity

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B.C. Suing Federal Transport Ministry over Crash

B.C. Sues Transport Canada Over Crash
AVWeb, September 5, 2010
Summary: The provincial government of British Columbia is suing Transport Canada, among others, to recover the cost of medical treatment for passengers injured in an horrific balloon accident in 2007.

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Quebec Judicial Appointments Scandal

Bellemare countersues Charest for $900,000
The Gazette (Montreal), September 3, 2010
Summary: The personal hostilities between Marc Bellemare and Premier Jean Charest escalated yet again yesterday as Bellemare filed a counter lawsuit against Charest that seeks $900,000 in damages.

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Comments on Wikileaks

Wikileaks: that sinking feeling
Australian Broadcasting Corporation website, September 5, 2010
Summary: Reading a recent lengthy and detailed Sydney Morning Herald article detailing the latest charges against Wikileaks frontman Julian Assange, I can only nod my head knowingly. This was always going to be the way things worked out. From the time last year when we all became aware of Assange, I felt a twinge of fear, an inner voice saying Something isn’t right here.

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U.S. Pentagon Audit Agency Accused of Negligence and Complicity

Pentagon Watchdog Misses Billion Dollar Audit
AlterNet, September 1, 2010
Summary: Whistleblowers charge that instead of actively pursuing fraud, DCAA management was obsessed with signing off on as many audits as possible in the shortest period of time.

News Summary and Comment:

The scandal in Quebec over allegations of corrupt provincial judicial appointments process continues to make headlines as the originator of the allegations, former Quebec Justice Minister Marc Bellemare, testifies at the Bastarache inquiry. Bellemare has been grilled by government lawyers (who are, in essence, being paid for by the taxpayers to defend Premier Jean Charest) but stood his ground. It’s widely accepted by the Quebec public that Bellemare is telling truth – probably because his accusations dovetail nicely with what they already believe about politics in general and Quebec politics specifically. But for most corrupt provincial government, they’ll really have to take a back seat to P.E.I., which unsurprisingly recently rejected whistleblower protection.

In another story, the Board of a small and largely unknown Crown Corporation, Jacques Cartier and Champlain Bridge Inc., cleared several of its members of a clear and obvious violation of its own code of ethics. So much for accountability.

Have a great weekend.

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Former Quebec Minister Gives More  Explosive Testimony on Judicial Appointments

Board of Crown Corporation Clears Itself of Obvious Ethical Violation

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Former Quebec Minister Gives Explosive Testimony on Judicial Appointments

Ex-Quebec minister Marc Bellemare stands by influence-peddling claims
Globe and Mail, August 30, 2010
Summary: Former Quebec justice minister Marc Bellemare withstood a tough cross-examination at the Bastarache commission on Monday, holding firm to his previous testimony that Premier Jean Charest approved influence-peddling in the nomination of judges in the province.

Marc Bellemare’s credibility attacked at Bastarache cross-examination
Globe and Mail, August 31, 2010
Summary: The cross-examination of Marc Bellemare at the Bastarache commission has taken a personal turn, as Premier Jean Charest’s lawyer brought up the subject of the former justice minister’s daughter, whose investigation for possible links to Hells Angels members almost forced his resignation two days after he was sworn into cabinet, in 2003.

Charest more interested in F1: Bellemare
The Gazette (Montreal), September 1, 2010
Summary: Premier Jean Charest was not particularly interested in justice issues, let alone the names of candidates for the bench, ex-Quebec justice minister Marc Bellemare testified yesterday.

Bellemare’s targets will respond, Liberal lawyer says
The Gazette (Montreal), September 2, 2010
Summary: Marc Bellemare was granted the status of full participant at the Bastarache commission into the appointment of Quebec judges yesterday. The change, from witness status, will allow the ex-justice minister to better fend off the attacks his foes are promising in the weeks ahead.

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Board of Crown Corporation Clears Itself of Obvious Ethical Violation

Crown corp board clears itself over participation in Tory fundraiser
Winnipeg Free Press, September 1, 2010
Summary: The board of a federal Crown corporation studied the conduct of its own directors after they attended a Conservative fundraiser and then quietly decided this summer they had not breached internal rules that bar political activities.

News Summary and Comment:

This week may mean back to school for kids and parents, but things in Ottawa and the provincial capitals remain mostly quiet – except for Quebec, that is.

All that’s happening in Ottawa is a brewing battle over access to the e-mails of political staffers. This little fight started with a revelation about a Tory staffer interfering in an Access to Information Act request for no good reason, which in turn further raised concerns about political interference in a process that is supposed to be independent. It isn’t, of course, and never will be until the function is entirely independent of departments and headed by an agency which doesn’t depend on the government of the day for its budget or executive appointments.

In Quebec, meanwhile, the revelations of former Justice Minister Marc Bellemare about a corrupt provincial judicial appointments process continue to heavy seas. I expect to see a lot more about this over the next few months. I also believe that it’s going to cost Jean Charest his government.

In Alberta, a new study has found toxic chemicals in river water near the oilsands. This contradicts the provincial government’s and oil companies’ line that the oilsands production is not very polluting. I follow this story because a physician and whistleblower, Dr. John O’Connor, alleged high cancer rates in the area and was put through the reprisal process. Now more evidence seems to be accumulating to suggest he was right.

Finally, there are two excellent pieces from the Montreal Gazette on the future of whistleblowing and the sad state of affairs for whistleblowers in Canada. FAIR’s David Hutton is quoted extensively.

See you Thursday.

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Fight Brewing over Access to E-mails of Political Staffers

Former Quebec Minister Gives Explosive Testimony on Judicial Appointments

On Wikileaks and Whistleblowing in Canada

Another Study Finds Toxic Chemicals near Oilsands

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Fight Brewing Over Access to E-mails of Political Staffers

Opposition undeterred by Tory refusal to hand over emails
Globe and Mail, August 29, 2010
Summary: The federal government’s refusal to give a Commons committee the e-mail records of a Conservative staff member has not deterred opposition members who say they will fight to get the documents into their hands.

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Former Quebec Minister Gives Explosive Testimony on Judicial Appointments

Le témoignage de Marc Bellemare mis à mal
La presse, August 30, 2010
Summary: Après quatre jours de pause, le procureur de la commission Bastarache, Giuseppe Battista, s’est affairé ce matin à relever les contradictions dans le témoignage dévastateur de Marc Bellemare. Il en a notamment relevé une, et de taille: alors qu’il affirme avoir reçu l’ordre dès le 2 septembre 2003 de nommer Marc Bisson juge à la Chambre criminelle de Longueuil, Marc Bellemare et son chef de cabinet oeuvraient toujours deux mois plus tard à la sélection des candidats.

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On Wikileaks and Whistleblowing in Canada

Who dares to speak…
The Gazette (Montreal), August 28, 2010
Summary: An in-depth article on whistleblowing in Canada and the uncertain and unpromising outlook for Canadian whistleblowers.

Wikileaks: Hitting ‘send’ to expose a dirty secret
The Gazette (Montreal), August 28, 2010
Summary: Faced with mounting secrecy and the failure of official channels of complaint, whistle-blowers seem to be turning increasingly to the Internet and websites pledged to expose government and corporate secrets, in the public interest.

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Another Study Finds Toxic Chemicals Near Oilsands

Oilsands increase toxic metals downstream: study
National Post, August 30, 2010
Summary: A study released on Monday shows that the oilsands industry increases the concentrations of dangerous metals, such as mercury, in locations downstream of development.

News Summary and Comment:

First off, apologies for the second pause in my postings, again due to technical difficulties. There hasn’t been a lot of accountability news related to whistleblowing lately in any event, this being the dog days of summer.

My first story today pertains to the testimony of former Quebec Justice Minister Marc Bellemare, in which he essentially accused Premier Jean Charest of corruption in the appointment of judges. Bellemare came out with these accusations some months ago, so they aren’t new, although this is the first time he’s been so descriptive and blunt. This is going to be a hard slog for him. If he’s telling the truth, he’s a whistleblower. The public seems to buy it, but the current government won’t stop at anything to try to discredit him. He may have trouble, like many whistleblowers, finding people to support him. Of course, he might just be nuts, throwing wild accusations around. I doubt it, but we’ll see.

The second story returns us to the treatment of Canadian veterans, particularly those with wounds. Much criticism has been levelled at bureaucrats in the Department of Veterans Affairs and other parts of government by the Veteran’s ombudsman. He wanted to name key decision-makers behind the current deeply flawed compensation regime at a press conference, but backed down on that – for now. I can imagine the panicked discussions that were held when he made the threat, though. Bureaucrats that make unethical decisions do like their anonymity, and may just have wondered what whether some of these trained soldiers, sailors and airmen might not have sought them out personally. Ah, scenes I’d like to see.

There’s also a story on the runaway spending of senior bureaucrats in the federal government, and some interesting blog posts on open and transparent government.

Have a good weekend.

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Former Minister Gives Explosive Testimony on Judicial Appointments

Controversy on Treatment of Wounded Veterans

Travel and Hospitality Expenses of Federal Bureaucrats Keeps Climbing

On Transparency and Open Government

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Former Minister Gives Explosive Testimony on Judicial Appointments

In about-face, Bellemare says he will testify at inquiry into judges’ nominations
Globe and Mail, August 12, 2010
Summary: It’s become a nasty saga replete with allegations of influence peddling, reports of police surveillance, and two former allies-turned-adversaries. And on Thursday, Quebec’s summertime political potboiler took another surprising twist.

Bellemare gives explosive testimony against Charest
National Post, August 24, 2010
Summary: Quebec Premier Jean Charest personally ordered his former justice minister to name two people to the bench because a party fundraiser wanted them to be made judges, Marc Bellemare testified on Tuesday.

Charest told me to keep quiet: Bellemare
National Post, August 26, 2010
Summary: Marc Bellemare said on Wednesday that Quebec Premier Jean Charest told him to keep quiet about the rigging of judicial nominations the day the former justice minister announced he was resigning in 2004.

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Controversy on Treatment of Wounded Veterans

Veterans advocate won’t go quietly
Globe and Mail, August 17, 2010
Summary: The Veterans Ombudsman isn’t the first watchdog Stephen Harper has gotten rid of, but he is certainly the loudest. Claiming he was mere “window dressing” for an “obstructive and deceptive” bureaucracy, Pat Stogran promised veterans Tuesday he would use his remaining three months on the job making sure “Canadians know how badly so many of you are being treated.”

Minister promises action on compensation for wounded veterans
The Star (Toronto), August 19, 2010
Summary: Veterans Affairs Minister Jean-Pierre Blackburn insists his government is not trying to shortchange wounded veterans and said he’s open to changes to how disabled soldiers are compensated for their injuries.

‘Penny-pinching’ claims in veterans affairs to go under Commons microscope
Winnipeg Free Press, August 20, 2010
Summary: Opposition MPs plan to force another House of Commons committee to return early from summer break to review the impending departure of the first-ever veterans ombudsman.

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Travel and Hospitality Expenses of Federal Bureaucrats Keeps Climbing

High-flying civil servants: Why bureaucrats’ travel and entertainment costs keep soaring
Macleans, August 25, 2010
Summary: An examination of the ever-rising amounts spent on travel and hospitality in the federal public service.

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On Transparency and Open Government

Creating effective open government portals
eaves.ca, August 25, 2010
Summary: In the past few years a number of governments have launched open data portals. These sites, like www.data.gov or data.vancouver.ca share data – in machine readable formats (e.g. that you can play with on your computer) that government agencies collect. Increasingly, people approach me and ask: what makes for a good open data portal? Great question. (Blog)

How Science Is Rediscovering “Open” And What It Means For Government
eaves.ca, August 18, 2010
Summary: Pretty much everybody in government should read this fantastic New York Times article Sharing of Data Leads to Progress on Alzheimer’s. On one hand the article is a window into what has gone wrong with science – about how all to frequently a process that used to be competitive but open, and problem focused has become a competitive but closed and intellectual property driven (one need only look at scientific journals to see how slow and challenging the process has become). (Blog)

News Summary and Comment:

In today’s news, it was revealed that the Ontario Provincial Police are investigating several Ontario bureaucrats – no politicians involved in this one, much to the provincial Liberals’ relief. It seems that they were accepting kickbacks for contracts they awarded. Anyone who thinks this practice is isolated is probably naïve: the heavy dependence on de facto sole-source contracting via standing offers (in which firms are placed on a list for certain services and don’t have to go through repeated competitions) practically invites this kind of abuse. Most public servants have enough integrity to avoid the temptation, but some don’t. They start small, with the little perks – say a few dinners – and it gradually snowballs until they hit the papers. Like George Radwanski, for example.

Sean Bruyea, one of our members, wrote a piece on accountability – this time linking the census issue with the Department of Veterans Affairs. It seems that DVA likes to play fast and loose with statistics in order to cut benefits to disabled veterans. Disgusting.

The federal government has tightened its lobbying rules. This is a direct response to the Guergis-Jaffer affair, in which improper influence was allegedly exerted by Jaffer (a lobbyist and former MP) and facilitated by his wife Guergis. Critics are sceptical, with some (i.e. the Liberals) suggesting it goes too far and others saying it doesn’t go far enough. Visit the Democracy Watch website for lots of information on the topic.

Also in the federal sphere, it appears that a recent recall of tainted deli meat is the result of a continued poor inspection regime. This comes just two years after the 2008 listeriosis outbreak that killed 22 Canadians. The Minister responsible for the Canadian Food Inspection Agency, Gerry Ritz, seems to think that poor record keeping is the problem. But, of course, he misses the point: it’s the deregulation, stupid.

Finally, there’s an interesting new study that shows that reprisals against whistleblowers is linked with organizational wrongdoing. It seems intuitively obvious, but it’s important because it allows us to say that where there is a reprisal taking place, there is probably wrongdoing – something always denied by the organization, of course.

There will be no Media Update this Thursday as I will be away.

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OPP Investigating Ontario Government Cleaning Contracts

Disabled Veterans Victims of Bureaucratic Statistical Games

Federal Government Tightens Lobbying Laws

Agriculture Minister Admits Meat Inspection Still Flawed

Study Shows Benefits of Anti-retaliation Policies

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OPP Investigating Ontario Government Cleaning Contracts

Carpet-cleaning contracts behind probe of Ontario ministries
Globe and Mail, August 4, 2010
Summary: Carpet-cleaning contracts are behind a criminal investigation at three Ontario government ministries, according to court records, with civil servants accused of accepting kickbacks and rigging bids to line their pockets with cash and electronics.

Immeubles gouvernementaux: présumées transactions financières irrégulières
La Presse, August 5, 2010
Summary: Des employés de Profac, filiale de SNC-Lavalin chargée de gérer la vaste majorité des immeubles du gouvernement fédéral et dont les services font déjà l’objet d’une vérification comptable à Ottawa, sont visés par une enquête policière menée dans trois ministères provinciaux de l’Ontario, laquelle vise également des employés du gouvernement ontarien et d’une autre société privée.

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Disabled Veterans Victims of Bureaucratic Statistical Games

Disabled veterans not just another statistic
The Hill Time (Ottawa), August 9, 2010
Summary: There are 600,000 Canadian Forces veterans. More than 50,000 of them are suffering permanent injuries and will need some form of support for the rest of their lives. Why was this statistical elephant in the room ignored? (Note that this op-ed is available to subscribers only)

Penny-wise and pound-foolish strategies of Canadian bureaucrats
South Asia Mail, August 2010
Summary: Pushback from central agencies is not just restricted to veterans but this appears to be the norm of the Canadian bureaucracy for everything else also – the practice to deny the rightful claim now and face the consequences later. It is time for our elected representatives to get involved and put bureaucrats on the right track of rational thinking. (Blog)

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Federal Government Tightens Lobbying Laws

Lobbying Act loophole to close: Day
CBC News, August 5, 2010
SummaryThe federal government will close a loophole in the Lobbying Act to include all MPs, senators and staff of opposition leaders as designated public office holders. The move will require lobbyists to report on their meetings with all parliamentarians, not just ministers and their parliamentary secretaries, Treasury Board President Stockwell Day said Thursday in Ottawa.

Ottawa resserre les règles du lobbyisme
La Presse, August 5, 2010
Summary: Le gouvernement Harper resserre les règles qui régissent les activités de lobbyisme à Ottawa. À partir du 20 septembre, les députés, les sénateurs et les cadres supérieurs du bureau du chef de l’opposition seront soumis aux mêmes exigences que les ministres et leurs adjoints.

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Agriculture Minister Admits Meat Inspection Still Flawed

A bone to pick: Agriculture minister admits to problems in Canada’s meat inspection
Vancouver Sun, August 5, 2010
Summary: Agriculture Minister Gerry Ritz on Thursday acknowledged last week’s massive recall of all Brandt ready-to-eat deli meats exposes gaps in Canada’s meat inspection system.

23 sick from salmonella in headcheese and massive recall because of undercooking; Canadian agriculture minister states obvious, there’s problems in meat inspection
barfblog, August 5, 2010
Summary: Food safety blogger Doug Powell criticizes Minister Gerry Ritz’s focus on paperwork in relation to recent deli meat recall’

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Study Shows Benefits of Anti-retaliation Policies

Study shows benefits of anti-retaliation policies
Whistleblowers Protection Blog, August 4, 2010
Summary: The Ethics Resource Center has just released a report from its 2009 National Business Ethics Survey. The report, called “Retaliation: The Cost to Your Company and Its Employees,” documents how companies that tolerate retaliation suffer increased levels of employee misconduct. The report documents how the employees’ mere perception of retaliation is sufficient to deter reporting of misconduct.

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Outgoing Head of UN Oversight Office Implies Secretary-General Complicit in Corruption

Cleaning up at the UN
Financial Post, August 4, 2010
Summary: Last year, a memo from a Norwegian diplomat described United Nations Secretary-General Ban Ki-moon as “spineless and charmless.” Two weeks ago, an even more critical memo was leaked, from the outgoing head of the UN’s Office of Internal Oversight Services (OIOS), Inga-Britt Ahlenius, accusing the SG of being flagrantly obstructive of her attempts to clean up the organization’s persistent corruption. According to her memo, “[Y]our actions are not only deplorable, but seriously reprehensible.”