TDF expresses concern over Election Canada’s new mis/disinformation policy

The Democracy Fund sends a letter to Elections Canada and Minister LeBlanc.

Elections Canada has recently developed a policy to monitor and dissuade the publication of “misinformation” and “disinformation.”

In January 2024, it launched its ElectoFacts website to provide “correct information about elections that Canadians can easily access.” Elections Canada claims that it does not intend to establish Elections Canada as “the arbiter of truth” that will actively monitor the accuracy of statements and information distributed by parties and candidates.

However, The Democracy Fund (TDF) fears that the ambiguous language and the apparent lack of legislative authority to engage in such an endeavour will lead to an expansion of the program. Elections Canada has also contacted social media companies to remove “inaccurate” information: this is troubling because it is arguably an infringement of free speech rights, and there appears to be no judicial oversight of this censorship.

Canadians have the right to criticize their government and its processes – even if this criticism is wrong, inapt, trivial, unfair or unjustified. Efforts by the Western governments to constrain criticism using fashionable terms such as “misinformation” or “disinformation” are just state censorship rebranded for modern audiences.

TDF outlined its concerns in a letter to the Office of the Chief Electoral Officer and the Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs, Dominic LeBlanc.

Our letter is attached below.

February 9, 2024

via email

Stéphane Perrault
Acting Chief Electoral Officer
Office of the Chief Electoral Officer
Elections Canada
30 Victoria Street
Gatineau, Quebec
K1A 0M6

Dear Mr. Perrault,
Re: Elections Canada Misinformation/Disinformation Monitoring

We are a civil society organization and registered charity that defends and promotes civil liberties in Canada. We are writing to express our concerns regarding comments around election “misinformation” and “disinformation” on the Elections Integrity and 1 ElectoFacts website.2

On its Election Integrity website, under “Disinformation or Influence Campaign,” Elections Canada outlines several types of objectionable conduct, namely:

Elections Canada: Influence campaigns aimed at discrediting parts of the electoral process.
Political Parties/Candidates: Social media campaign to spread false information about a candidate.
Electors: Foreign online campaign aimed at specific diaspora communities to influence their vote.

In addition, Elections Canada purports to monitor the “information environment” (the news media, the Web, social media, etc.) to detect:

Incidents that could affect the smooth administration of a general election or by-election;
Inaccurate information on the electoral process, which could prevent people from exercising their rights to register, vote or be a candidate; and,
Social media accounts and websites that impersonate Elections Canada, which could lead to confusion.3

We note that Elections Canada has previously contacted social media companies – including Facebook, Twitter, Google, Snapchat, LinkedIn, Reddit, YouTube, TikTok, and Instagram:

Elections Canada (EC) engages with digital platforms that have a significant Canadian presence as well as those that have reached out to EC.
For the 44th general election (GE44), EC worked with Facebook/Instagram, Google/YouTube, Twitter, LinkedIn, Snapchat, and for the first time, TikTok and Reddit, to establish protocols for reporting cases of false information on the voting process and impersonation of EC.4

The purpose of this contact was to report online content to these platforms and, presumably, have them remove “false information.” This was done without prior judicial oversight and review.

There are a number of problems with this approach to monitoring online information.

First, it is not clear that Elections Canada has the legislative authority to report citizens or their online comments, or attempt to influence platforms to remove “false information.” Even if it did, doing so without judicial review and oversight is arguably improper.5 Where there was authority to regulate “false statements” in the Canada Elections Act6 (“the Act”), we note that the court, in Constitution Foundation v. Canada (Attorney General), held that s.91(1) of the Act breached s.2(b) of the Canadian Charter or Rights 7 and Freedoms.8

Importantly, the legality of prohibiting the publication of “false news” has been adjudicated by Canadian courts, and the relevant Criminal Code provisions have been 9 struck down.10

Second, the ability to identify “misinformation” and “disinformation” requires resolution of one of the most difficult problems in epistemology. Simply put, an assessment of the truth of a statement engages the central questions of epistemology: what is meant by the claim that a statement is true, and under what authoritative conditions can one be certain that a statement is true (“the Epistemic Problem”). This Epistemic Problem has bedeviled philosophers for millennia, and remains unresolved. Until such time as it is resolved, claims to epistemic certainty are unfounded.

There is no evidence that Elections Canada has resolved the Epistemic Problem. It cannot, therefore, arrogate to itself the required certainty on matters of truth or falsehood.

Third, we note that the language used by Elections Canada regarding “false information” is ambiguous. Linguistic ambiguity allows for expansive regulatory powers. Further, the language used does not allow for “false information” that is comedic, parodistic or satirical. As a result, removal or attempted removal of “false information” will be overbroad and imprecise.

Fourth, given the concerns outlined above, it is not clear that Elections Canada could implement any process that would be better at ascertaining truth than citizens using normal human discernment.

Consequently, any removal or attempted removal of “false information” will be an exercise in either arbitrary or politically-motivated censorship. This is particularly troubling because the type of “false information” that attracts attention usually relates to contested or controversial political and moral statements, rather than trivial falsehoods.

Worse still, in our experience, punishment for contravening speech laws is typically inflicted upon minority communities, vulnerable groups and political dissidents: those with privilege avoid sanction.

Finally, attempts to remove “false information” will ultimately result in the erosion of civil liberties and democratic engagement. The reduction in exposure to moral and political information – both true and false – prevents citizens from engaging with complex arguments, and, thereby, diminishes their critical-thinking capacity. For, if the information expressed was correct, participants would have gained the benefit of exchanging their wrong information for correct information. If the information expressed
was wrong, participants would have gained the benefit of intellectual justification for their beliefs, without which they possess not knowledge, but dead dogma.11

For these reasons, we would respectfully recommend that Elections Canada restrict its conduct to publishing factual information about elections and the electoral process. It is safer and more practicable for the citizens as Canada to remain the arbiters of truth.

As always, we would be pleased to meet with you to discuss our concerns and any questions you may have about our position.

Regards,

Mark A. Joseph
Senior Litigation Counsel
c.c.: Minister of Public Safety, Democratic Institutions and Intergovernmental Affairs

Election Integrity and Security Including Foreign Interference
ElectoFacts
Supra, note 1.
Agreements with social media platforms to address inaccurate information
Little Sisters Book and Art Emporium v. Canada (Minister of Justice), [2000] 2 SCR 1120
Canada Elections Act, S.C. 2000, c. 9
Constitution Foundation v. Canada (Attorney General), 2021 ONSC 1224
Canadian Charter of Rights and Freedoms, s.7, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 a
Criminal Code, RSC , 1985, c. C-46
R. v. Zundel, [1992] 2 SCR 731
Chicago. Mill, John Stuart. 2002. On Liberty. Dover Thrift Editions. Mineola, NY: Dover Publications.

About The Democracy Fund:

Founded in 2021, The Democracy Fund (TDF) is a Canadian charity dedicated to constitutional rights, advancing education and relieving poverty. TDF promotes constitutional rights through litigation and public education. TDF supports an access to justice initiative for Canadians whose civil liberties have been infringed by the government lockdowns and other public policy responses to the pandemic.

Related Topics:#ElectionCanada #ElectoFacts #Mis/Disinformation #TheDemocracyFund

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Published on November 21, 2024

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By Anthony Murdoch

Alberta announced it ‘is reviewing how MAID is regulated to ensure there is a consistent process as well as oversight that protects vulnerable Albertans, specifically those living with disabilities or suffering from mental health challenges.’

The Conservative provincial government of Alberta is pushing back against the Canadian federal government’s continued desire to expand euthanasia in the nation, saying it will launch a review of the legislation and policies surrounding the grim practice, including a period of public engagement.

The United Conservative Party (UCP) government under Premier Danielle Smith in a press release said the province needs to make sure that robust safeguards and procedures are in place to protect vulnerable people from being coerced into getting euthanatized under the MAiD (Medical Assistance in Dying) program.

“Alberta’s government is reviewing how MAID is regulated to ensure there is a consistent process as well as oversight that protects vulnerable Albertans, specifically those living with disabilities or suffering from mental health challenges,” said the government Monday.

The government said a online survey regarding MAiD open to all Albertans who have opinions about the deadly practice will be available until December 20.

“We recognize that medical assistance in dying is a very complex and often personal issue and is an important, sensitive and emotional matter for patients and their families,” said Alberta’s Minister of Justice and Attorney General Mickey Amery.

Amery said it is important to ensure this process has the “necessary supports to protect the most vulnerable.”

The government said that it will also be engaging with academics, medical associations, public bodies, as well as religious organizations and “regulatory bodies, advocacy groups” regarding MAiD

The government said all information gathered through this consultation will “help inform the Alberta government’s planning and policy decision making, including potential legislative changes regarding MAID in Alberta.”

When it comes to MAiD, Prime Minister Justin Trudeau’s Liberal government sought to expand it from the chronically and terminally ill to those suffering solely from mental illness.

Alberta’s Minister of Mental Health and Addiction Dan Williams said that the UCP government has been “clear” that it does not “support the provision of medically assisted suicide for vulnerable Albertans facing mental illness as their primary purpose for seeking their own death.”

“Instead, our goal is to build a continuum of care where vulnerable Albertans can live in long-term health and fulfilment. We look forward to the feedback of Albertans as we proceed with this important issue,” he noted.

The Alberta government said that as MAiD is “federally legislated and regulated” it is main job will be to try and make sure that it protects “vulnerable individuals” as much as possible.

Alberta’s Minister of Health Adriana LaGrange reaffirmed that the Alberta government “does not support expanding MAID eligibility to include those facing depression or mental illness and continues to call on the federal government to end this policy altogether.”

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To combat Canadians being coerced into MAiD, which LifeSiteNews has covered, the combat pro-life Delta Hospice Society (DHS) is offering a free “Do Not Euthanize Defense Kit” to help vulnerable people “protect themselves” from any healthcare workers who might push euthanasia on the defenseless.

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Early Success: 33 Nurse Practitioners already working independently across Alberta

Published on November 20, 2024

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Nurse practitioners expand primary care access

The Alberta government’s Nurse Practitioner Primary Care program is showing early signs of success, with 33 nurse practitioners already practising independently in communities across the province.

Alberta’s government is committed to strengthening Alberta’s primary health care system, recognizing that innovative approaches are essential to improving access. To further this commitment, the Nurse Practitioner Primary Care Program was launched in April, allowing nurse practitioners to practise comprehensive patient care autonomously, either by operating their own practices or working independently within existing primary care settings.

Since being announced, the program has garnered a promising response. A total of 67 applications have been submitted, with 56 approved. Of those, 33 nurse practitioners are now practising autonomously in communities throughout Alberta, including in rural locations such as Beaverlodge, Coaldale, Cold Lake, Consort, Morley, Picture Butte, Three Hills, Two Hills, Vegreville and Vermilion.

“I am thrilled about the interest in this program, as nurse practitioners are a key part of the solution to provide Albertans with greater access to the primary health care services they need.”

Adriana LaGrange, Minister of Health

To participate in the program, nurse practitioners are required to commit to providing a set number of hours of medically necessary primary care services, maintain a panel size of at least 900 patients, offer after-hours access on weekends, evenings or holidays, and accept walk-in appointments until a panel size reaches 900 patients.

With 33 nurse practitioners practising independently, about 30,000 more Albertans will have access to the primary health care they need. Once the remaining 23 approved applicants begin practising, primary health care access will expand to almost 21,000 more Albertans.

“Enabling nurse practitioners to practise independently is great news for rural Alberta. This is one more way our government is ensuring communities will have access to the care they need, closer to home.”

Martin Long, parliamentary secretary for rural health

“Nurse practitioners are highly skilled health care professionals and an invaluable part of our health care system. The Nurse Practitioner Primary Care Program is the right step to ensuring all Albertans can receive care where and when they need it.”

Chelsae Petrovic, parliamentary secretary for health workforce engagement

“The NPAA wishes to thank the Alberta government for recognizing the vital role NPs play in the health care system. Nurse practitioners have long advocated to operate their own practices and are ready to meet the growing health care needs of Albertans. This initiative will ensure that more people receive the timely and comprehensive care they deserve.”

Jennifer Mador, president, Nurse Practitioner Association of Alberta

The Nurse Practitioner Primary Care program not only expands access to primary care services across the province but also enables nurse practitioners to practise to their full scope, providing another vital access point for Albertans to receive timely, high-quality care when and where they need it most.

Quick facts

Through the Nurse Practitioner Primary Care Program, nurse practitioners receive about 80 per cent of the compensation that fee-for-service family physicians earn for providing comprehensive primary care.
- Compensation for nurse practitioners is determined based on panel size (the number of patients under their care) and the number of patient care hours provided.
Nurse practitioners have completed graduate studies and are regulated by the College of Registered Nurses of Alberta.
For the second consecutive year, a record number of registrants renewed their permits with the College of Registered Nurses of Alberta (CRNA) to continue practising nursing in Alberta.
- There were more than 44,798 registrants and a 15 per cent increase in nurse practitioners.
Data from the Nurse Practitioner Primary Care Program show:
- Nine applicants plan to work on First Nations reserves or Metis Settlements.
- Parts of the province where nurse practitioners are practising: Calgary (12), Edmonton (five), central (six), north (three) and south (seven).
Participating nurse practitioners who practise in eligible communities for the Rural, Remote and Northern Program will be provided funding as an incentive to practise in rural or remote areas.
Participating nurse practitioners are also eligible for the Panel Management Support Program, which helps offset costs for physicians and nurse practitioners to provide comprehensive care as their patient panels grow.