Elections Canada puts gag on climate activists.

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Elections Canada puts gag on climate activists.

Post by The Romulan Republic »

https://theglobeandmail.com/politics/ar ... e-seen-as/
A pre-election chill has descended over some environment charities after Elections Canada warned them that discussing the dangers of climate change during the coming federal campaign could be deemed partisan activity.

An Elections Canada official warned groups in a training session earlier this summer that because Maxime Bernier, the leader of the People’s Party of Canada, has expressed doubts about the legitimacy of climate change, any group that promotes it as real or an emergency could be considered partisan, said Tim Gray, executive director of the advocacy group Environmental Defence.

Any partisan activity – including advertising, surveys, or any kind of campaign costing at least $500 – would require a charity to register as a third party for the election, an onerous requirement that could jeopardize a group’s charitable tax status, Mr. Gray said.

It is “discouraging” that Environmental Defence and other charities may have to zip their lips about climate change being real during the campaign period “because one party has chosen to deny the existence of this basic fact,” he added.

“Obviously, climate change is real,” Mr. Gray said. “Almost every credible institution on the planet is telling us to get our act together and do something about it.”

Last fall, the United Nations climate change panel, made up of hundreds of scientists from around the world, said if the world doesn’t act faster to cut global emissions, the planet will face irreversible and catastrophic consequences.

Five of the six political parties expected to have any chance of winning a seat in the coming campaign agree that climate change is real and caused by humans. Mr. Bernier, however, is the one outlier: he believes that if climate change is real, it is a natural cycle of the Earth and not an emergency.

“The main reason for climate change, it is not human activity,” Mr. Bernier said Sunday in Gatineau, where his party was holding its first convention.

“There is no climate change urgency in this country.” he said in a speech in June speech. He also disagrees that carbon dioxide, which experts say is responsible for three-quarters of greenhouse emissions globally, is bad.

“CO2 is not ‘pollution,’" he tweeted. “It’s what comes out of your mouth when you breathe and what nourishes plants.”

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Because of that, Elections Canada is warning that any third party that promotes information about carbon dioxide as a pollutant or climate change as an emergency could be considered to be indirectly advocating against Mr. Bernier and his party. Activities can be considered partisan by Elections Canada even if they don’t mention a candidate or party by name, the agency’s rules say.

An Elections Canada spokesman confirmed “such a recommendation would be something we would give.”

Mr. Gray says the impact is stifling the conversation about climate change at a critical time.

“At this point, unless I can get greater clarification, after the writ is dropped we would stop doing anything online that talks about climate change, which is our entire mandate,” he said. “You feel you’re being drawn into this space where you’re being characterized as being a partisan entity for putting up Facebook ads that say climate change is real, which seems ridiculous to me.”

Environment groups in Canada are still on edge after spending much of the past five years fighting against the Canada Revenue Agency accusations and worry that if Elections Canada accuses them of being partisan, it will attract another round of audits for partisan activity. Mr. Gray said the two may have different definitions of partisan, but the fear is still having a chilling effect.

“We need to ensure that we’re not saying things that are going to be considered to be illegal by Elections Canada.”

It doesn’t mean Mr. Gray is forbidden from giving interviews about climate change during the campaign, he said. Rather, it would affect any kind of activity the group undertakes that costs more than $500, such as a Facebook ad campaign.

In 2012, the former Conservative government unveiled a $13-million audit program to seek out charities the Conservatives alleged were abusing their tax status with partisan activities. The probes went after two dozen environment, human-rights, anti-poverty and religious groups – none of them considered partisan – for going beyond a rule that limited their spending to no more than 10 per cent of their funding on political advocacy work.

The program was launched as the Conservatives called many environment groups “radical” and a “threat” to Canada.

The Liberals promised to end what they called a “witch hunt” against any civil society groups that opposed the government’s policies. It took more than three years, but eventually legislation was changed last year to lift the 10-per-cent limitation. The non-partisan rule, however, remains.

Catherine Abreu, executive director of the Climate Action Network Canada, called the Elections Canada warning “shocking.”

“Climate change is a scientific fact,” she said. “It’s not an opinion.”

The situation is “contributing to ongoing confusion” about what environment charities can and cannot do, and will give fuel to pro-oil groups that want to silence their opponents, Ms. Abreu added.

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Yes, that's right. Elections Canada is arguing that because the Peoples' Party (aka Trump Lite) is lead by a climate denier, ANY promotion of the idea that climate change is real or that Carbon Dioxide is a pollutant (that is, scientific facts) could be seen as partisan activity against his party. Any group that engages in such activity above a value of 500 dollars could then be required to register as a third party, jeopardizing their tax status, and exposing them to audits if they do not comply.

Essentially, this amounts to a gag rule on any non-partisan environmental group for the duration of the election.

I take campaign finance regulations very seriously. Appropriately written and enforced, they are an essential part of any democracy. But this is outrageous. In my opinion, this is an unacceptable violation of the right to freedom of expression by the Canadian government.

If activists can be effectively gagged on promoting scientific fact because one fringe party disagrees, then what is to stop the same being done on ANY ISSUE WHATSOEVER, every time an election is called?
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Re: Elections Canada puts gag on climate activists.

Post by Eulogy »

Sounds like Elections Canada is setting themselves up for a lawsuit. What a bunch of chucklefucks.
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Re: Elections Canada puts gag on climate activists.

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Well, the backlash is in full swing:

https://globalnews.ca/news/5783619/elec ... e-warning/
Critics are speaking out following a warning from an Elections Canada official that discussing the perils of climate change during the upcoming federal campaign could be deemed partisan activity.

Prime Minister Justin Trudeau said Monday afternoon that, while he respects the role of Elections Canada to apply electoral law, it’s frustrating to him that there are still politicians who don’t believe in climate change.

“I think the whole question highlights the fact that it is so frustrating that there are still conservative politicians in this country who don’t believe climate change is real,” Trudeau said in a press conference.

New Democratic Party Leader Jagmeet Singh tweeted his disagreement with the warning on Monday morning.

“It’s not partisan to discuss the single greatest threat faced by humanity,” Singh posted at around 11 a.m. EST.

How about no, Elections Canada.

One #ClimateChange denying Maxime Bernier isn't equal to a worldwide scientific consensus that the climate emergency is real & urgent.

It's not partisan to discuss the single greatest threat faced by humanity. https://t.co/cVfCUSmXqf

— Jagmeet Singh (@theJagmeetSingh) August 19, 2019

Green Party Leader Elizabeth May also criticized the position taken by Elections Canada.

“Suppose a politician decided smoking is good for you, would doctors have to register as third parties in an election to stress importance of kicking the habit?” she asked in a tweet.

Suppose a politician decided smoking is good for you, would doctors have to register as third parties in an election to stress importance of kicking the habit? Elections Canada must reconsider.#climate #GPC https://t.co/SCSwXHM8bY

— Elizabeth May (@ElizabethMay) August 19, 2019

The warning was given by an Elections Canada official during a training session earlier this summer, according to Tim Gray, executive director of the advocacy group Environmental Defence.

The Canada Elections Act could consider advertising partisan if it opposes or supports a policy positions of any party or candidate, even without naming them.

If the advertising exceeds $500, third parties would have to register with Elections Canada, raising fears among some environmental charities that the Canada Revenue Agency could also decide they are partisan and put their tax status in jeopardy.

According to the report, Gray states the official said that because Maxime Bernier, leader of the self-founded People’s Party of Canada, has expressed doubts about the legitimacy of climate change, any group that promotes it as real or an emergency could be considered partisan.

Gray described this as an onerous requirement that could jeopardize a group’s charitable tax status and draw unwanted attention from the Canada Revenue Agency.

“At this point, unless I can get greater clarification, after the writ is dropped we would stop doing anything online that talks about climate change, which is our entire mandate,” he said. “You feel you’re being drawn into this space where you’re being characterized as being a partisan entity for putting up Facebook ads that say climate change is real, which seems ridiculous to me.”

Catherine Abreu, executive director of the Climate Action Network Canada, called the Elections Canada warning “shocking.”

“Climate change is a scientific fact,” she said. “It’s not an opinion.”

Federal leaders weren’t the only ones to criticize Election Canada’s statements. In addition, regional leaders and other public figures spoke out publicly against the warning.

Derrick O’Keefe, founder of the B.C.-based media outlet Ricochet, tweeted that the Elections Canada warning is a threat to democracy.

Please let Elections Canada know their warning to env groups against advocating on climate change during the election period is a threat to Canadian democracy. @ElectionsCan_E: retract this absurd decision now. #cdnpoli

— Derrick O'Keefe 🌹🌱 (@derrickokeefe) August 19, 2019

B.C. Green Party Leader Andrew Weaver also tweeted: “Is saying sky is blue or grass is green also partisan if a fringe party say [sic] they aren’t?”

Really? “Saying climate change is real could be seen as partisan activity during election campaign, Elections Canada warns”. Is saying sky is blue or grass is green also partisan if a fringe party say they aren’t? #Cdnpoli https://t.co/8ywSV9cHgS

— Andrew Weaver (@AJWVictoriaBC) August 19, 2019

In a speech this past June, Bernier said: “There is no climate change urgency in this country.”

He also disagrees that carbon dioxide is bad, which experts agree is responsible for three-quarters of greenhouse gas emissions globally.

“CO2 is not ‘pollution.’ It’s what comes out of your mouth when you breathe and what nourishes plants,” Bernier wrote on Twitter last year.

Libs can only sell their carbon tax if they lie.

Lie #1: You’ll get back more money.

Lie #2: It’s a price on “pollution.”

CO2 is NOT pollution. It’s what comes out of your mouth when you breathe and what nourishes plants. https://t.co/4O9Q1lA08O

— Maxime Bernier (@MaximeBernier) October 24, 2018

Due to these comments, Elections Canada is warning that any third party that advertises information about carbon dioxide as a pollutant or climate change as an emergency could be considered to be advocating against Bernier and the People’s Party of Canada. Advertising can be considered partisan by Elections Canada even if it doesn’t mention a candidate or party by name, the agency’s rules say.

Five of the six major political parties running in the campaign agree that climate change is real and human-caused. Last fall, the United Nations climate change panel said that if the world doesn’t act quickly to cut emissions, the planet will face irreversible and catastrophic consequences.

Elections Canada has said that it will decide on a case-by-case basis whether discussing the legitimacy of climate change becomes a partisan issue for third parties during the upcoming federal campaign and only if it receives complaints.
Pretty much every major party leader has ripped into it. Even Bernier himself is attacking it, calling it an attack on freedom of speech (sadly I can't find a source on that except the Right-wing National Post):

https://nationalpost.com/news/elections ... se-by-case
OTTAWA — The man whose position on climate change is at the centre of a controversy over partisan campaign rhetoric weighed in Monday, saying Elections Canada is stifling free speech if environmental groups can’t produce ads that describe global warming as a real crisis borne of human behaviour.

Maxime Bernier, leader of the nascent People’s Party of Canada and an outspoken climate-change denier, was responding on Twitter to the agency’s warning that ads that discuss the legitimacy of the phenomenon — including paid social media placements — could be considered partisan simply because of the position of the People’s Party.

In a word, Bernier summed up Elections Canada’s position as “absurd.”

“The law should only regulate real partisan advertising, which is when there is mention of a candidate or party by name,” he said.

1/ EC is interpreting a bad law as best it can, but this rule is still absurd. Not because we’re the only party with a different perspective which climate alarmists believe is not legitimate. But because it is arbitrary, draconian, and cannot be applied consistently. https://t.co/Ha6XM887ap

— Maxime Bernier (@MaximeBernier) August 19, 2019
The Canada Elections Act does indeed restrict any third-party advertising that either mentions a party or candidate by name, or promotes or disputes an issue or position taken by a party or candidate. Once the costs of such ads hit $500, the third party must register with Elections Canada, produce records and financial reports and limit the amount of advertising it undertakes.

“There are hundreds of potentially contentious issues that could be considered partisan if this rule were to be applied consistently,” Bernier said.

Natasha Gauthier, a spokeswoman for Elections Canada, said the climate-change warning was just an example of an ad that could be deemed partisan, and that any decision about specific activities would be decided on a case-by-case basis and only if there is a complaint. That decision also will be made by the commissioner of Canada elections.

Elections Canada does not know in advance what issues might come up during the campaign, Gauthier added, but said if a party or candidate takes a position on something, any organization that advertises or does work on that issue will need to make sure they comply with the law. For example, an association promoting the benefits of forestry jobs could find its ads offside if a party suddenly makes forestry jobs a campaign issue, she warned.

Third parties should “be careful, because it depends on the situation,” Gauthier said, adding that the rules around advertising are not new.

Elections Canada warns environment groups that calling climate change real could be considered partisan
Even so, the agency’s decision to cite climate change as a specific example has left environment groups feeling muzzled, and others wondering how far partisan labels will go.

“This is lunacy,” said Green party Leader Elizabeth May. “Elections Canada is not a lunatic organization so I trust they will clarify and eliminate this ruling.”

If Bernier were to suddenly say he believes smoking is good for people, May wondered aloud, would any organization that promotes the health dangers of smoking suddenly be deemed partisan? Others on Twitter questioned whether the earth being round could suddenly become a partisan statement if a candidate were to publicly insist the earth is flat.

“It’s not partisan to discuss the single greatest threat faced by humanity,” NDP Leader Jagmeet Singh said of climate change.

Prime Minister Justin Trudeau said he will look very closely at what Elections Canada has said, but added that he trusts them to make independent decisions about the Canada Elections Act.

“We will always respect Elections Canada’s role and responsibility to independently apply electoral law,” Trudeau said.

“But I think the whole question highlights the fact that it is so frustrating that there are still conservative politicians in this country who don’t think climate change is real and certainly don’t think we should be doing anything to fight it.”

It has a very real chilling effect

Several organizations say they now are planning to withdraw any advertising during the writ period that may discuss the scope of climate change, even though it doesn’t mention any party or politician by name.

“We’re screening everything we post or boost online,” said Keith Stewart, a senior energy strategist at Greenpeace Canada. “Greenpeace Canada will continue to talk about climate change but we won’t be paying to boost that online or take out ads in newspapers.”

Stewart said Greenpeace registered last time, but described the process as onerous and time consuming — not worth it in 2019 for the roughly $2,500 worth of ads they did in 2015.

Greenpeace is not a charity, but there is added pressure on environmental groups that are who fear a Canada Revenue Agency audit should Elections Canada suddenly deem their activities to be partisan, Stewart said. The CRA has rules on partisan behaviour, and even if charities believe they are in compliance, the cost and time associated with an audit could cause them to rethink their campaign activities, he said.

New rules in legislation passed by Parliament last year also created new limitations on third-party activities that are not related to advertising. Restrictions on partisan activities could prevent organizations from assessing party policies or platforms, for example, something that was often done in the past.

While the rules don’t bar such activities entirely, they do require an organization to decide when the cost exceeds $500, and trying to determine the staff costs and overhead associated with responding to a platform is difficult enough that many organizations simply might avoid it entirely.

Trevor Melanson, a communications manager at Clean Energy Canada, said under the new rules, his organization resisted issuing a statement when Conservative Leader Andrew Scheer said he was going to get rid of the clean fuel standard being introduced by the Liberal government. Melanson said the standard is an issue his organization has spent years studying, and felt restrained from speaking out about it.

“It has a very real chilling effect on us,” he said.

Stewart said he has some sympathy for Elections Canada “trying to deal with growing concerns with third parties trying to manipulate elections.”

But turning facts into partisan fodder isn’t something the agency should tolerate, he added: “The aggravating thing here for me is science is not partisan.”
Granted, Bernie is probably only condemning it as a means of attacking the current government/restrictions on campaign financing and political speech, if he's following the usual Reich-wing playbook. But broken clocks can be right twice a day.

Elections Canada says they will assess it on a case by case basis, and only if they get complaints:

https://ctvnews.ca/politics/elections-c ... -1.4556122
OTTAWA -- Elections Canada says it will decide on a case-by-case basis whether discussing the legitimacy of climate change becomes a partisan issue for third parties during the federal campaign, and only if it receives complaints.

Environment groups say they feel muzzled from speaking out about the urgency of climate change after the federal elections agency warned earlier this summer that doing so could be considered partisan.

The Canada Elections Act could consider advertising partisan if it opposes or supports a policy positions of any party or candidate, even without naming them.

If the advertising exceeds $500, third parties would have to register with Elections Canada, raising fears among some environmental charities that the Canada Revenue Agency could also decide they are partisan and put their tax status in jeopardy.

In the case of climate change, People's Party of Canada Leader Maxime Bernier has taken a position that climate change is not an emergency nor caused by humans, which could potentially makes any argument saying differently a partisan statement under the law.

Clean Energy Canada has already restricted some of its responses to party positions to avoid running afoul of the law, while Greenpeace Canada is planning to cease all advertising on climate change during the writ period.

An Elections Canada spokeswoman says the rules around advertising for third parties are not new, but concedes the concerns about climate change may be coming up only now because the environment is poised to play a bigger role in the campaign, which is expected to get underway early next month.
So "Climate activism may or may not be partisan election activity, and you want know until after there's a complaint whether your activism is going to put you in legal jeopardy"? Well, that doesn't muddy the waters at all.
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Re: Elections Canada puts gag on climate activists.

Post by The Romulan Republic »

Really, we should all thank Elections Canada for prompting this rare display of bi-partisan unity. :wink:
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: Elections Canada puts gag on climate activists.

Post by bilateralrope »

Green Party Leader Elizabeth May also criticized the position taken by Elections Canada.

“Suppose a politician decided smoking is good for you, would doctors have to register as third parties in an election to stress importance of kicking the habit?” she asked in a tweet.
I wonder how easily a politician could be convinced to take that position.

Or maybe someone forms a political party with no goal beyond using this rule to shut down whatever topic they don't like people talking about.
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Re: Elections Canada puts gag on climate activists.

Post by Broomstick »

The Romulan Republic wrote: 2019-08-19 03:32amIf activists can be effectively gagged on promoting scientific fact because one fringe party disagrees, then what is to stop the same being done on ANY ISSUE WHATSOEVER, every time an election is called?
Nothing. Nothing at all.

This is clearly one group either in power or seeking power attempting to gag their opposition.

Politics is ugly and getting uglier.
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Re: Elections Canada puts gag on climate activists.

Post by The Romulan Republic »

Broomstick wrote: 2019-08-20 09:25am
The Romulan Republic wrote: 2019-08-19 03:32amIf activists can be effectively gagged on promoting scientific fact because one fringe party disagrees, then what is to stop the same being done on ANY ISSUE WHATSOEVER, every time an election is called?
Nothing. Nothing at all.

This is clearly one group either in power or seeking power attempting to gag their opposition.

Politics is ugly and getting uglier.
Well, the warning was given by Elections Canada, which is supposed to be non-partisan. I'm honestly not sure whether this was an EC official trying to push their agenda, or just an overzealous beurocrat trying to cover their ass against any possible criticism or error by going all "zero-tolerance". Honestly, it feels more like the latter to me, in this case, but of course I can't be certain.

There has be, so far as I can tell, a notable silence from Conservative Party leader Andrew Scheer on the subject, in contrast to the swift condemnation from the Greens, NDP, Liberals, and Peoples' Party candidates.
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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Re: Elections Canada puts gag on climate activists.

Post by J »

Well this could be fun...

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Re: Elections Canada puts gag on climate activists.

Post by The Romulan Republic »

Well, I'm not a fan of the Communist Party, but that's some A+ trolling of Elections Canada. Kudos. :D
"I know its easy to be defeatist here because nothing has seemingly reigned Trump in so far. But I will say this: every asshole succeeds until finally, they don't. Again, 18 months before he resigned, Nixon had a sky-high approval rating of 67%. Harvey Weinstein was winning Oscars until one day, he definitely wasn't."-John Oliver

"The greatest enemy of a good plan is the dream of a perfect plan."-General Von Clauswitz, describing my opinion of Bernie or Busters and third partiers in a nutshell.

I SUPPORT A NATIONAL GENERAL STRIKE TO REMOVE TRUMP FROM OFFICE.
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