Connect with us

Alberta

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

Published

10 minute read

From The Democracy Fund

TDF’s Legal Team

Written by 

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

  1. Election Integrity and Security Including Foreign Interference
  2. ElectoFacts
  3. Supra, note 1.
  4. Agreements with social media platforms to address inaccurate information
  5. Little Sisters Book and Art Emporium v. Canada (Minister of Justice), [2000] 2 SCR 1120
  6. Canada Elections Act, S.C. 2000, c. 9
  7. Constitution Foundation v. Canada (Attorney General), 2021 ONSC 1224
  8. 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
  9. Criminal Code, RSC , 1985, c. C-46
  10. R. v. Zundel, [1992] 2 SCR 731
  11. 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.

 

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

Alberta

Ford and Trudeau are playing checkers. Trump and Smith are playing chess

Published on

CAE Logo

 

By Dan McTeague

 

Ford’s calls for national unity – “We need to stand united as Canadians!” – in context feels like an endorsement of fellow Electric Vehicle fanatic Trudeau. And you do wonder if that issue has something to do with it. After all, the two have worked together to pump billions in taxpayer dollars into the EV industry.

There’s no doubt about it: Donald Trump’s threat of a blanket 25% tariff on Canadian goods (to be established if the Canadian government fails to take sufficient action to combat drug trafficking and illegal crossings over our southern border) would be catastrophic for our nation’s economy. More than $3 billion in goods move between the U.S. and Canada on a daily basis. If enacted, the Trump tariff would likely result in a full-blown recession.

It falls upon Canada’s leaders to prevent that from happening. That’s why Justin Trudeau flew to Florida two weeks ago to point out to the president-elect that the trade relationship between our countries is mutually beneficial.

This is true, but Trudeau isn’t the best person to make that case to Trump, since he has been trashing the once and future president, and his supporters, both in public and private, for years. He did so again at an appearance just the other day, in which he implied that American voters were sexist for once again failing to elect the nation’s first female president, and said that Trump’s election amounted to an assault on women’s rights.

Consequently, the meeting with Trump didn’t go well.

But Trudeau isn’t Canada’s only politician, and in recent days we’ve seen some contrasting approaches to this serious matter from our provincial leaders.

First up was Doug Ford, who followed up a phone call with Trudeau earlier this week by saying that Canadians have to prepare for a trade war. “Folks, this is coming, it’s not ‘if,’ it is — it’s coming… and we need to be prepared.”

Ford said that he’s working with Liberal Finance Minister Chrystia Freeland to put together a retaliatory tariff list. Spokesmen for his government floated the idea of banning the LCBO from buying American alcohol, and restricting the export of critical minerals needed for electric vehicle batteries (I’m sure Trump is terrified about that last one).

But Ford’s most dramatic threat was his announcement that Ontario is prepared to shut down energy exports to the U.S., specifically to Michigan, New York, Wisconsin, and Minnesota, if Trump follows through with his plan. “We’re sending a message to the U.S. You come and attack Ontario, you attack the livelihoods of Ontario and Canadians, we’re going to use every tool in our toolbox to defend Ontarians and Canadians across the border,” Ford said.

Now, unfortunately, all of this chest-thumping rings hollow. Ontario does almost $500 billion per year in trade with the U.S., and the province’s supply chains are highly integrated with America’s. The idea of just cutting off the power, as if you could just flip a switch, is actually impossible. It’s a bluff, and Trump has already called him on it. When told about Ford’s threat by a reporter this week, Trump replied “That’s okay if he does that. That’s fine.”

And Ford’s calls for national unity – “We need to stand united as Canadians!” – in context feels like an endorsement of fellow Electric Vehicle fanatic Trudeau. And you do wonder if that issue has something to do with it. After all, the two have worked together to pump billions in taxpayer dollars into the EV industry. Just over the past year Ford and Trudeau have been seen side by side announcing their $5 billion commitment to Honda, or their $28.2 billion in subsidies for new Stellantis and Volkswagen electric vehicle battery plants.

Their assumption was that the U.S. would be a major market for Canadian EVs. Remember that “vehicles are the second largest Canadian export by value, at $51 billion in 2023 of which 93% was exported to the U.S.,”according to the Canadian Vehicle Manufacturers Association, and “Auto is Ontario’s top export at 28.9% of all exports (2023).”

But Trump ran on abolishing the Biden administration’s de facto EV mandate. Now that he’s back in the White House, the market for those EVs that Trudeau and Ford invested in so heavily is going to be much softer. Perhaps they’d like to be able to blame Trump’s tariffs for the coming downturn rather than their own misjudgment.

In any event, Ford’s tactic stands in stark contrast to the response from Alberta, Canada’s true energy superpower. Premier Danielle Smith made it clear that her province “will not support cutting off our Alberta energy exports to the U.S., nor will we support a tariff war with our largest trading partner and closest ally.”

Smith spoke about this topic at length at an event announcing a new $29-million border patrol team charged with combatting drug trafficking, at which said that Trudeau’s criticisms of the president-elect were, “not helpful.” Her deputy premier Mike Ellis was quoted as saying, “The concerns that president-elect Trump has expressed regarding fentanyl are, quite frankly, the same concerns that I and the premier have had.” Smith and Ellis also criticized Ottawa’s progressively lenient approach to drug crimes.

(For what it’s worth, a recent Léger poll found that “Just 29 per cent of [Canadians] believe Trump’s concerns about illegal immigration and drug trafficking from Canada to the U.S. are unwarranted.” Perhaps that’s why some recent polls have found that Trudeau is currently less popular in Canada than Trump at the moment.)

Smith said that Trudeau’s criticisms of the president-elect were, “not helpful.” And on X/Twitter she said, “Now is the time to… reach out to our friends and allies in the U.S. to remind them just how much Americans and Canadians mutually benefit from our trade relationship – and what we can do to grow that partnership further,” adding, “Tariffs just hurt Americans and Canadians on both sides of the border. Let’s make sure they don’t happen.”

This is exactly the right approach. Smith knows there is a lot at stake in this fight, and is not willing to step into the ring in a fight that Canada simply can’t win, and will cause a great deal of hardship for all involved along the way.

While Trudeau indulges in virtue signaling and Ford in sabre rattling, Danielle Smith is engaging in true statesmanship. That’s something that is in short supply in our country these days.

As I’ve written before, Trump is playing chess while Justin Trudeau and Doug Ford are playing checkers. They should take note of Smith’s strategy. Honey will attract more than vinegar, and if the long history of our two countries tell us anything, it’s that diplomacy is more effective than idle threats.

Dan McTeague is President of Canadians for Affordable Energy.

Continue Reading

Alberta

Your towing rights! AMA unveils measures to help fight predatory towing

Published on

From the Alberta Motor Association

Know Before the Tow: Towing Rights in Alberta

Predatory towing is a growing concern in major cities across the province. The Alberta Motor
Association (AMA), in partnership with the Calgary Police Service and Calgary Fire Department,
wants to ensure Albertans are not only aware of this emerging issue but also know how to stop
it.

Today, AMA launches Know Before the Tow—a new, provincewide awareness campaign that
empowers Albertans with the knowledge needed to stay confident and in control when faced with
a tow scam. The campaign features a list of five key towing rights that every Alberta driver should
know:

1. You have the right to refuse unsolicited towing services.
2. You have the right to choose who tows your vehicle, and where, unless
otherwise directed by police.
3. You have the right to access your vehicle to retrieve personal items during a
storage facility’s business hours.
4. You have the right to ask if the towing company receives a kickback for taking
your vehicle to a particular storage facility or repair shop.
5. You have the right to a quote prior to service, and an itemized invoice prior to
making payment.

“Being in a collision or broken down at the roadside is stressful enough; the last thing any Albertan
needs is high pressure from an unscrupulous tower,” says Jeff Kasbrick, Vice-President,
Advocacy and Operations, AMA. “These towing rights are clear and remind every Albertan that
they’re in the driver’s seat when it comes to who they choose to tow their vehicle.”

Edmonton and Calgary in particular are seeing increasing reports of predatory towing. Unethical
operators will arrive at a collision or breakdown scene uninvited, create a false sense of urgency
to remove the vehicle, and ultimately leave drivers facing huge fees.

Starting today, Albertans can visit ama.ab.ca/KnowBeforeTheTow to download a digital copy of
their towing rights, helping them feel confident if faced with a tow scam. And soon, all AMA centres
will offer free print versions, which are small enough to tuck in a glovebox.

“Alberta’s towing industry is still highly reputable, with the vast majority of operators committed
to fair and professional service. In fact, AMA and our roadside assistance network is proud to
represent 80% of all private-passenger tows in the province, so our members can be confident
that we’ll always protect them—just as we have for nearly 100 years,” says Kasbrick.

“By knowing your rights and choosing trusted providers like AMA, you can avoid unnecessary
stress, costs, and uncertainty. Because the road to recovery after a collision shouldn’t have to
include fighting for your vehicle.”

Sergeant Brad Norman, Calgary Police Service Traffic Section, says law enforcement continues
to work diligently with first responders and community partners like AMA to put the brakes on
predatory towers, who “are showing up at collision sites and pressuring overwhelmed and
frightened victims into paying high towing rates.”

“Our priority is to ensure the safety of collision victims, the public, and first responders at
collision sites. Part of this effort is educating motorists about their rights so that they Know
Before the Tow that they can say no to unsolicited towing services and choose a reputable
tower of their choice instead,” says Norman. “No one deserves to be taken advantage of after
being involved in a collision.”

To learn more, and to view an expanded version of Alberta towing rights, visit
ama.ab.ca/KnowBeforeTheTow

Continue Reading

Trending

X