Canada doesn't start in BC but Premier Christy Clark's $15 million propaganda campaign sure does!

BC Liberals' Ad Nausea 

Premier Christy Clark pitches her BC Jobs Plan in ads

Bill Tieleman’s 24 hours/The Tyee column

Tuesday November 20, 2012

By Bill Tieleman

"Those are very partisan ads. They should be bought and paid for by the Liberal Party of B.C."

- CKNW host Bill Good, Nov. 16, on B.C. government advertising

Canada doesn't "start here" in British Columbia, despite what government television ads claim -- but Premier Christy Clark's propaganda campaign sure does.

The B.C. Liberals are ruining TV watching and radio listening with an endless $15 million taxpayer-funded parade of ads that are not only misleading and wasteful but also that we are paying for!

Enough!

All British Columbians want our economy to grow, our industries to prosper and our citizens to find good jobs.

But the only positions these ridiculous "B.C. Jobs Plan" ads create are in advertising agency boardrooms and Clark's own office!

Selling cynicism

It's the worst kind of politics -- and not just because it offends taxpayers who see a government spending $15 million that could be used to help children at risk or reduce hospital emergency room overcrowding or improve crime prevention.

No, it's even more sickening because it makes people even more cynical about elected representatives when government actually has a critical role to help those in need.

That's one lousy way to further reduce already declining participation in our democratic process -- where B.C. had a depressing 51 per cent turnout in the 2009 provincial election.

The ads are not only unnecessary; they're also untrue.

Sun Media columnist David Akin pointed that out, saying Clark's claim that B.C. created more jobs than any other province in the last year was "demonstrably false" and her other stats were "pretty wobbly too."

"Statistics Canada, said right here on Oct. 5, the most recent and up-to-date snapshot of the country's job creation numbers, that 'over the last year' in B.C., there are 44,700 more full-time jobs, 15,100 fewer part-time jobs for a net gain of 29,500 more jobs. Where on earth does Clark get 57,000 new jobs created?" Akin wrote.

It's also hard to believe B.C. has a great "Skills and Training Plan" when up to 2,000 miners will come to the province as Temporary Foreign Workers -- because the government had no response to its own task force report calling for miner training four years ago.

Doing government 'differently'

What's worse is a premier who just doesn't get it.

Clark was recently asked by the Kamloops Daily News about criticism of her $15 million ad campaign and responded this way:

"It's about content. What we're talking about in the advertising is all fact-based. So we talk about the jobs plan, we try to engage people in the jobs plan because one of the things that we have to do as we're building government policy is get the opinions and the best thinking of the people of the province," Clark said.

"So, I said I was going to do government differently. One of the things we need to is we really need to listen to people and engage them in their own government," she concluded.

Is that how you "do government differently" -- by personally appearing in some of the 90-second TV ads?

By spending taxpayers' own money to tell them you are doing a great job?

Gagging

And the sheer hypocrisy is breathtaking.

This government spending oodles of money to promote itself is the same one that tried to defend its gag law that prohibited third party advertising before provincial elections -- until the B.C. Court of Appeal rejected its legislation. Again.

It's also the same government that spent $6 million in a failed advertising effort to convince taxpayers in last year's binding referendum that the Harmonized Sales Tax was a brilliant idea.

Their advertising policy has gotten so offensive that even longtime B.C. Liberal supporters have had it.

Martyn Brown -- former chief of staff to ex-B.C. Liberal premier Gordon Campbell -- is criticizing the ads.

On Shaw Cable's Voice Of B.C. last week he told host Vaughn Palmer that the $15 million ad budget is: "About the same price in total on environmental protection as we’re spending on these ads."

"I think first of all we should remember that every penny of that money is borrowed," Brown added. "We're going into debt to pay for those ads, so they better be worth it."

Martyn Brown's bright idea

Brown has a suggestion that I've made before to solve the problem: require opposition approval for government ads.

"Refer all major proposed government ad campaigns to an all-party committee that can scrutinize and approve or reject those expenditures, and make public that information as soon as any ad campaign goes public," Brown wrote in an opinion piece last month.

If the official opposition agrees that it's worthwhile information for the public to see, hear or read -- then go with it. If taxpayers disagree, both parties will hear about it equally.

Cynics will rightly note that Brown had 10 years as Campbell's top political staffer and was involved in every major government ad campaign but never implemented his own idea -- fair enough criticism.

But that doesn't make it a bad idea.

And Clark would be smart to realize that Canada doesn't start here -- anger starts here when a wasteful government spends our money to advertise itself for political advantage.

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BC's Conflict of Interest Commissioner in conflict himself over son's senior role in BC Liberal government, says MLA John van Dongen

Only in BC, You Say? Conflict Commissioner Paul Fraser Conflicted Himself

Fraser's job is to watchdog premier but his son has key role working for Christy Clark. Independent MLA John van Dongen cries foul, Green Party, Integrity BC agree.

Paul Fraser 

UPDATE - BREAKING NEWS 

Conflict of Interest Commissioner Paul Fraser has just announced he will recuse himself from investigating MLA John van Dongen's complaint against Premier Christy Clark.  Fraser's news release is here.  

The short version is this direct quote: "I now recuse myself from any further substantive involvement in this matter."

Here is my original column

Bill Tieleman’s 24 hours/The Tyee column

Tuesday November 13, 2012

By Bill Tieleman

"Careful supervision of the disclosure process proves the adage that 'sunlight is always the best disinfectant.'"

- B.C. Conflict of Interest Commissioner Paul Fraser


Would you go to a doctor who couldn't diagnose a common cold?

Or hire a plumber who didn't spot a leaking pipe?

So why does British Columbia have a conflict of interest commissioner who doesn't recognize a conflict when he's in one himself?

Only in B.C. you say? Pity indeed that Paul Fraser sees nothing wrong with investigating a complaint by independent MLA John van Dongen against Premier Christy Clark's actions while the commissioner’s son John Paul Fraser:

• Holds a senior B.C. government political job doing communications for Clark and her colleagues;

• Worked on Clark's successful B.C. Liberal party leadership campaign;

• Used to work for the father of Clark's son, her ex-husband political consultant and former lobbyist Mark Marissen.

Not understanding that such a perceived conflict of interest clearly disqualifies Fraser from ruling on van Dongen's complaint is astonishing!

Fraser told the Vancouver Sun's Jonathan Fowlie that he had no trouble dealing with van Dongen's investigation request.

"I don't perceive a problem in making a decision in this case that will have nothing to do with my son's career," Fraser said.

"If I had any difficulty, or felt that I in any way couldn't handle this file like I do every file -- on the basis that I will go where it takes me, and I will make the decision that needs to be made without, dare I say it, fear or favour -- then I should pack it in," he added.

Ironically, Paul Fraser's own message in last year's commissioner's report states:

"The work that this Office does is part of the covenant of integrity that Members of the Legislature have with the citizens of British Columbia. The work is important as a democratic safeguard to ensure that private interest is not allowed to trump public duty."

Hard to disagree with that concept.

Van Dongen's complaint

But it's even harder to see how the commissioner can rule on van Dongen's complaint, which alleges that Clark participated in some discussions on the $1 billion sale of B.C. Rail in 2003 but excused herself from others because at that time Marissen was a consultant to CIBC World Markets, the firm supervising the privatization.

Abbotsford-South MLA van Dongen is a former B.C. Liberal cabinet minister who quit the party in part over B.C. Rail issues and the government's payment of $6 million in legal fees incurred by former ministerial aides David Basi and Bob Virk, despite their making surprise guilty pleas in Oct. 2010.

He is also an intervener at his own expense at Auditor General John Doyle's court application to obtain government records about the indemnity granted Basi and Virk and other officials whose legal fees were charged to taxpayers.

Fraser is a well respected lawyer and neither his integrity, nor his son's, are being questioned. But his judgment is dead wrong.

The argument van Dongen makes is powerful.

"I believe there is a reasonable apprehension of bias on the part of the commissioner," he said in a statement Friday.

"I must stress that at this time I am not making an allegation that the commissioner is guilty of actual bias. I am simply saying that there is a basis for a reasonable apprehension of bias on these facts which requires that someone other than Paul Fraser carry out the duties under the Members' Conflict of Interest Act."

In a telephone interview Sunday night van Dongen said he finds it disturbing that neither Fraser nor Clark understand the principles behind his complaint.

"It's a real concern that neither Paul Fraser nor Christy Clark acknowledge the real issue here," van Dongen said. "There's a critical need to maintain the independence of the conflict commissioner. It should embody the highest principles of judicial independence."

'Totally unfair': Clark

On Friday in Kamloops, Clark claimed that it was "totally unfair" of opponents to question Fraser's integrity to go after her.

"Paul Fraser is a highly respected lawyer in British Columbia. He was selected by a bi-partisan committee in the Legislature and he has never been accused of bias," she told the Kamloops Daily News.

"He's a man of great integrity. His reputation is absolutely spotless. It's totally unfair to drag his reputation through the mud as a way to launch a political attack on me," Clark alleged.

But van Dongen rejects that characterization of his objections to Fraser's role.

"It isn't just the situation of his son being in a very senior position in government communications, it's the comments that Paul Fraser doesn't perceive that as a problem," he said Sunday.

'Fraser must recuse himself': Green leader Sterk

The request by van Dongen that Fraser remove himself from the investigation also has the strong support of Green Party leader Jane Sterk and Integrity B.C., the watchdog group promoting political ethics and accountability.

In an email Saturday to 24 hours Sterk states: "Paul Fraser must recuse himself from investigating John Van Dongen's complaint against Christy Clark."

"Van Dongen is making very serious allegations about Clark's potential conflict of interest on the B.C. Rail sale."

"No matter what Fraser does, the fact that his son is a friend of Ms. Clark and is employed in a senior position in the government means there will be a perception of bias."

"Fraser should ask a senior member of his office to undertake this investigation," Sterk concludes.

And Integrity B.C. also believes Fraser must remove himself from the investigation.

"The appearances of Mr. Fraser's conflict in this matter -- which is already so rife with very real conflicts and additional appearances of conflict -- should make it readily apparent to him that it is inappropriate for him to conduct this investigation. The public deserves no less," Integrity B.C. executive director Dermod Travis told 24 hours and The Tyee by email Sunday.

NDP expresses trust in Fraser

But surprisingly, the B.C. New Democrats are supporting Fraser's position.

"We think Mr. Fraser has a high level of integrity over the past years and we support his judgement -- we think he will do the right thing," NDP MLA Shane Simpson told The Tyee Monday.

"This is an issue about Ms. Clark, not Mr. Fraser," said Simpson, MLA for Vancouver-Hastings.

Fraser has already conducted one investigation and rejected any wrongdoing on Clark's part since his son was appointed assistant deputy minister of Government Communications and Public Engagement on April 8, 2011.

That investigation was requested May 5, 2011 by a member of the public to determine if Clark had, in the words of the Commissioner's 2011 annual report:

"Breached the Members' Conflict of Interest Act by appearing in and using government announcements while campaigning in a by-election to win her seat in Vancouver-Point Grey."

"The individual believed that government resources might have been used to 'facilitate' the premier's by-election campaign, including her attendance at public and media events," it stated.

And Clark certainly found lots of good news announcements to make before the May 11, 2011 vote that she narrowly won over the NDP's David Eby by less than 600 votes.

For example, on April 21, Clark celebrated Earth Day with a $4.7 million "green investment" grant to Simon Fraser University to fund a biomass energy project, speaking and watching a singing choir of happy kids.

And Clark announced $13.3 million in funding for a new home for families visiting their sick kids at Vancouver's B.C. Children's Hospital on April 28.

Fraser found no conflict in any of Clark's actions, responding directly to the member of the public five days after receiving the request to investigate, saying in a May 10, 2011 letter that:

"I can find anything in either written or electronic form that would support the suggestion that government resources were used in whole or in part, to promote the premier's by-election campaign."

"The fact that she is, at the same time, seeking election to the Legislative Assembly does not and should not prohibit her from carrying on her duties as premier, including making public interest announcements and attending events recording government policy and actions," he concluded.

Power of perception

Fraser's ruling may be completely fair based on the facts he investigated.

But just as in the van Dongen situation, his letter of response did not disclose that his son was by that time working as a senior member of Clark's communications team, hired under an Order In Council that can be rescinded by the premier at any time.

Perhaps that isn't important. It might have made absolutely no difference to the member of the public who requested the investigation or to media who reported it.

But that's the whole point about "perceived conflict of interest" -- it isn't that a conflict exists, just that there is a perception of conflict which creates doubt.

It's unfortunate for both Fraser and his son that their careers have collided in this way.

However it is far more unfortunate that Fraser not only didn't even perceive a problem but also failed to disclose that potential to van Dongen right from the start of the MLA's complaint.

Now the only solution is for Fraser to remove himself from the investigation.

But will other conflict of interest cases also put Fraser in an equally untenable position?

And it's troubling that Clark is already holding out Fraser's report into van Dongen's complaint as the final word, saying to the Kamloops Daily News that she’ll be glad when Fraser's B.C. Rail probe is over: "because this will finally, with this report, stick a fork in it."

Is that the premier pre-judging Fraser's unfinished report in public? Not politically wise and definitely not reassuring.

Fraser's reappointment pending

In another twist of political fate, Fraser's own reappointment for another term as commissioner is due to happen shortly.

New Democrat MLA Leonard Krog declined all comment on Fraser's reappointment or even the status of it when contacted Saturday.

Krog sits on the all party special committee that will soon advise the Legislature on the matter.

It's time that the public had a little sunlight shone on the Conflict of Interest Commissioner's status and how he could continue in his job given his current conflicted state.

But given Krog's colleague Shane Simpson's comments on Fraser's position, there seems little doubt that Fraser will be reappointed to another five-year term with NDP and B.C. Liberal support.

UPDATE - BC Independent MLA Bob Simpson agrees with John van Dongen call for Paul Fraser to recuse himself.

Earlier this morning I spoke with independent MLA Bob Simpson - Cariboo North - who says he agrees with van Dongen, Sterk and Integrity B.C. that the Conflict of Interest Commissioner should recuse himself from dealing with van Dongen's complaint.

"John van Dongen is correct in his contention that given the duration and twists and turns [of the B.C. Rail case] the premier should request a different process," Simpson said.  "Perception does count in these cases."

Fraser has since announced he will recuse himself from the investigation.

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MLA John van Dongen's call for Conflict of Interest Commissioner Paul Fraser to recuse himself from investigation of Premier Christy Clark

Full text of Independent MLA John van Dongen's call for Conflict of Interest Commissioner Paul Fraser to recuse himself from investigation of Premier Christy Clark

Today John van Dongen rightly called on Paul Fraser to remove himself from the investigation into van Dongen's allegations of a conflict of interest against Christy Clark over the BC Rail sale and her role in cabinet at that time.

I am astonished that Fraser did not take that step immediately after receiving van Dongen's request, since Fraser's son John Paul Fraser works for Clark in the Public Affairs Bureau as an Assistant Deputy Minister, worked on her leadership campaign and used to work with Mark Marissen - Clark's ex-husband and father of her child - before that.

Here is the full text of van Dongen's statement to the media today:

John van Dongen, M.L.A.

(Abbotsford South)

STATEMENT November 9, 2012

VAN DONGEN EXPRESSES LACK OF CONFIDENCE IN CONFLICT OF INTEREST COMMISSIONER

Good afternoon. On November 7, 2012 I informed the public that I made a request to the Conflict of Interest Commissioner Paul Fraser, asking him to investigate certain activities of Premier Christy Clark in relation to the sale of BC Rail.

I provided to the public full disclosure of every aspect of my submission, including a comprehensive 23-page letter and a binder of 43 supporting documents. The body of work that is represented in my submission involved many months of research on my part, and substantial expense for related legal advice, which I paid out of my own pocket.

I was told by Paul Fraser after my initial communication that it was his preference that we not communicate verbally, not meet face to face and that all communications should be in writing.

I informed the Commissioner that my submission to him was considered complete on October 18, 2012. I was told by Paul Fraser that all aspects of my submission would be provided to Christy Clark, the member of the Legislative Assembly who was the subject of my request for an investigation.

I was never told then, or any time since then, what the process would be for the handling of my request for an investigation. Other than a written acknowledgement, I have had no communication from the Commissioner himself since some time before October 18.

Yesterday afternoon, November 8, I received a confidential phone call alleging that Paul Fraser’s son, John Paul Fraser, works for the government as the assistant deputy minister for strategic planning and public engagement at the government’s public affairs bureau. The same person informed me that John Paul Fraser had known Christy Clark for more than 20 years, had volunteered on her leadership campaign, and at one time worked with Mark Marissen (Clark’s former husband) at Burrard Communications Inc. Mr. Marissen’s name appears in my submission to the Commissioner.

It would be an understatement to say I was stunned by yesterday’s phone call. Nobody had brought these facts to my attention. I did not even know if they were true. I immediately sought legal advice. As a result of discussions with my lawyer, I decided it would be necessary to verify the alleged facts before deciding on my next step.

This morning, I was again taken by surprise. I read in this morning’s Vancouver Sun an article stating that Commissioner Paul Fraser’s son, John Paul Fraser, is indeed working for the government in a senior position. Other details I had been given by yesterday’s caller were confirmed in the Vancouver Sun article. This article further stated that the Commissioner had said “he sees no problem investigating an allegation against Premier Christy Clark, even though he is a longtime friend of Clark and works as a senior official within her government.” Until I read the Vancouver Sun article, I had no idea that the Commissioner had made a decision on this matter or that he had even considered this issue. He certainly never mentioned it to me.

The Conflict of Interest Commissioner is an independent officer of the Legislature who has direct accountability to 85 members of the Legislative Assembly.

The integrity of our conflict of our interest system depends on public confidence in the system’s impartiality. To paraphrase a well-known legal principle which applies not only to judges but to all administrative decision-makers including the Conflict of Interest Commissioner, justice must not only be done, but must manifestly and undoubtedly be seen to be done.

As a member of the Legislative Assembly, it is imperative that I have the utmost confidence in the Conflict of Interest Commissioner.

Viewing these facts realistically and practically, and having thought the matter through, I believe there is a reasonable apprehension of bias on the part of the Commissioner.

I must stress that at this time I am not making an allegation that the Commissioner is guilty of actual bias. I am simply saying that there is a basis for a reasonable apprehension of bias on these facts which requires that someone other than Paul Fraser carry out the duties under the Members’ Conflict of Interest Act. As I said, our system requires not only that justice be done, but that justice manifestly and undoubtedly be seen to be done.

I am troubled by the Commissioner’s failure to disclose these facts to me and seek my input as to whether I considered they raised a “reasonable apprehension of bias.”

I am also troubled by the fact that instead of contacting me, and seeking my input once it was clear that the facts would become public knowledge, the Commissioner decided he could continue to handle my request for an investigation, without asking me whether I considered that the facts raised a “reasonable apprehension of bias” which might disqualify him.

I also think that Premier Clark should have asked the Commissioner to disclose all of these facts to me at the outset so that I could have a meaningful opportunity to consider whether they raise a “reasonable apprehension of bias” which would disqualify the Commissioner.

What if these facts had never come to the public attention until long after the Commissioner’s ruling on my request for an investigation? The public is entitled to have confidence in the integrity of the conflict of interest complaint process. So is the Legislature. So am I.

Accordingly, I will be asking Paul Fraser the Conflict of Interest Commissioner to remove himself from dealing with my request for an investigation.

Whether Democrat Barack Obama or Republican Mitt Romney occupies the White House, corporate America wins the election

What Barack Obama Didn't Change: Corporate America's Power 

Mitt Romney & Barack Obama 

U.S. election battle today pits major disappointment against scary alternative 

Bill Tieleman’s 24 hours/The Tyee column

Tuesday, November 6, 2012

By Bill Tieleman

"The country Obama inherited was indeed in shambles, but Obama took a bad situation and, in certain ways, made it worse."

- Director Oliver Stone and historian Peter Kuznick

One candidate for president of the United States supports privatized health care, extrajudicial killing of opponents in foreign countries, wiretapping without warrants, and big business bailouts.

This candidate's $1-billion campaign is heavily corporately funded, with Microsoft and Google among his largest contributors, and he has Wall Street economic advisors and the strong support of the former speechwriter for ex-right-wing presidents Richard Nixon and Ronald Reagan.

The other candidate is Republican Mitt Romney.

So whether Democrat Barack Obama or Romney occupies the White House, corporate America wins the election.

And while there are substantive and serious reasons for U.S. Democrats to work hard for their candidate, the political system is stacked against any president making what Obama himself called "Change we can believe in" before his 2008 victory.

That historic election fuelled the hopes of progressive Americans, not just as the country's first black president but because Obama represented an opportunity to dramatically shift the balance of power towards ordinary citizens.

Obama made big promises -- to help unions organize more workers and ban permanent replacements for strikers, to close the horrendous Guantanamo Bay detention camp for foreign prisoners in Cuba, to increase the minimum wage and tie it to inflation, to amend the North American Free Trade Agreement, to reject wiretapping of Americans without warrants, to bring in a public health care system -- not boost private health insurers' profits, and much more.

Four years later, those promises remain unfulfilled.

Still waiting for change

Obama can't be blamed for all his failures -- certainly the Republican Party has done all it can to frustrate his agenda, especially after gaining a House majority in 2010.

But Republicans didn't force Obama to appoint Wall Street millionaires to key jobs in his administration or fail to jail a single banker from the 2008 sub-prime mortgage financial meltdown that rocked the world or at least try to reform the insanely expensive American political system.

Obama's disappointments have forced many progressive Americans to frantically plead with voters to ignore flaws in his record because a Romney presidency would be far, far worse -- true, but not the most appealing argument.

Faced with that choice, most Canadians would vote for Obama, even though on many issues he is significantly to the political right even of Conservative Prime Minister Stephen Harper.

Obama may be able, like Bill Clinton before him, to overcome Democrat voter discouragement and win a second term.

But those voters should be under no illusion that Obama will magically transform into a progressive president.

He's simply better than the alternative.

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