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

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From The Democracy Fund

TDF’s Legal Team

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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.

 

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2025 Federal Election

The High Cost Of Continued Western Canadian Alienation

Published on

From EnergyNow.Ca

By Jim Warren

Energy Issues Carney Must Commit to if He Truly Cares About National Cohesion and be Different From Trudeau

If the stars fail to align in the majority of Western Canada’s favour and voters from Central Canada and the Maritimes re-elect a Liberal government on April 28, it will stand as a tragic rejection of the aspirations of the oil producing provinces and a threat to national cohesion.

As of today Mark Carney has not clearly and unequivocally promised to tear down the Liberal policy wall blocking growth in oil and gas exports. Yes, he recently claimed to favour energy corridors, but just two weeks earlier he backtracked on a similar commitment.

There are some promises Carney hopefully won’t honour. He has pledged to impose punitive emissions taxes on Canadian industry. But that’s supposedly alright because Carney has liberally sprinkled that promise with pixie dust. This will magically ensure any associated increases in the cost of living will disappear. Liberal wizardry will similarly vaporize any harm Carbon Tax 2.0 might do to the competitive capacity of Canadian exporters.

Carney has as also promised to impose border taxes on imports from countries that lack the Liberals’ zeal for saving the planet. These are not supposed to raise Canadians’ cost of living by much, but if they do we can take pride in doing our part to save the planet. We can feel good about ourselves while shopping for groceries we can’t afford to buy.

There is ample bad news in what Carney has promised to do. No less disturbing is what he has not agreed to do. Oil and gas sector leaders have been telling Carney what needs to be done, but that doesn’t mean he’s been listening.

The Build Canada Now action plan announced last week by western energy industry leaders lays out a concise five-point plan for growing the oil and gas sector. If Mark Carney wants to convince his more skeptical detractors that he is truly concerned about Canadian prosperity, he should consider getting a tattoo that celebrates the five points.

Yet, if he got onside with the five points and could be trusted, would it not be a step in the right direction? Sure, but it would also be great if unicorns were real.

The purpose of the Build Canada Now action plan couldn’t be much more clearly and concisely stated. “For the oil and natural gas sector to expand and energy infrastructure to be built, Canada’s federal political leaders can create an environment that will:

1. Simplify regulation. The federal government’s Impact Assessment Act and West Coast tanker ban are impeding development and need to be overhauled and simplified. Regulatory processes need to be streamlined, and decisions need to withstand judicial challenges.

2. Commit to firm deadlines for project approvals. The federal government needs to reduce regulatory timelines so that major projects are approved within 6 months of application.

3. Grow production. The federal government’s unlegislated cap on emissions must be eliminated to allow the sector to reach its full potential.

4. Attract investment. The federal carbon levy on large emitters is not globally cost competitive and should be repealed to allow provincial governments to set more suitable carbon regulations.

5. Incent Indigenous co-investment opportunities. The federal government needs to provide Indigenous loan guarantees at scale so industry may create infrastructure ownership opportunities to increase prosperity for communities and to ensure that Indigenous communities benefit from development.”

As they say the devil is often in the details. But it would be an error to complicate the message with too much detail in the context of an election campaign. We want to avoid sacrificing the good on behalf of the perfect. The plan needs to be readily understandable to voters and the media. We live in the age of the ten second sound bite so the plan has to be something that can be communicated succinctly.

Nevertheless, there is much more to be done. If Carney hopes to feel welcome in large sections of the west he needs to back away from many of promises he’s already made. And there are many Liberal policies besides Bill C-69 and C-48 that need to be rescinded or significantly modified.

Liberal imposed limitations on free speech have to go. In a free society publicizing the improvements oil and gas companies are making on behalf of environmental protection should not be a crime.

There is a morass of emissions reduction regulations, mandates, targets and deadlines that need to be rethought and/or rescinded. These include measures like the emissions cap, the clean electricity standard, EV mandates and carbon taxes. Similarly, plans for imposing restrictions on industries besides oil and gas, such as agriculture, need to be dropped. These include mandatory reductions in the use of nitrogen fertilizer and attacks (thus far only rhetorical) on cattle ranching.

A good starting point for addressing these issues would be meaningful federal-provincial negotiations. But that won’t work if the Liberals allow Quebec to veto energy projects that are in the national interest. If Quebec insists on being obstructive, the producing provinces in the west will insist that its equalization welfare be reduced or cancelled.

Virtually all of the Liberal policy measures noted above are inflationary and reduce the profitability and competitive capacity of our exporters. Adding to Canada’s already high cost of living on behalf of overly zealous, unachievable emissions reduction goals is unnecessary as well as socially unacceptable.

We probably all have our own policy change preferences. One of my personal favourites would require the federal government to cease funding environmental organizations that disrupt energy projects with unlawful protests and file frivolous slap suits to block pipelines.

Admittedly, it is a rare thing to have all of one’s policy preferences satisfied in a democracy. And it is wise to stick to a short wish list during a federal election campaign. Putting some of the foregoing issues on the back burner is okay provided we don’t forget them there.

But what if few or any of the oil and gas producing provinces’ demands are accepted by Carney and he still manages to become prime minister?

We are currently confronted by a dangerous level of geopolitical uncertainty. The prospects of a global trade war and its effects on an export-reliant country like Canada are daunting to say the least.

Dividing the country further by once again stifling the legitimate aspirations of the majority of people in Alberta and Saskatchewan will not be helpful. (I could add voters from the northeast and interior of B.C., and southwestern Manitoba to the club of the seriously disgruntled.)

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2025 Federal Election

Next federal government should recognize Alberta’s important role in the federation

Published on

From the Fraser Institute

By Tegan Hill

With the tariff war continuing and the federal election underway, Canadians should understand what the last federal government seemingly did not—a strong Alberta makes for a stronger Canada.

And yet, current federal policies disproportionately and negatively impact the province. The list includes Bill C-69 (which imposes complex, uncertain and onerous review requirements on major energy projects), Bill C-48 (which bans large oil tankers off British Columbia’s northern coast and limits access to Asian markets), an arbitrary cap on oil and gas emissions, numerous other “net-zero” targets, and so on.

Meanwhile, Albertans contribute significantly more to federal revenues and national programs than they receive back in spending on transfers and programs including the Canada Pension Plan (CPP) because Alberta has relatively high rates of employment, higher average incomes and a younger population.

For instance, since 1976 Alberta’s employment rate (the number of employed people as a share of the population 15 years of age and over) has averaged 67.4 per cent compared to 59.7 per cent in the rest of Canada, and annual market income (including employment and investment income) has exceeded that in the other provinces by $10,918 (on average).

As a result, Alberta’s total net contribution to federal finances (total federal taxes and payments paid by Albertans minus federal money spent or transferred to Albertans) was $244.6 billion from 2007 to 2022—more than five times as much as the net contribution from British Columbians or Ontarians. That’s a massive outsized contribution given Alberta’s population, which is smaller than B.C. and much smaller than Ontario.

Albertans’ net contribution to the CPP is particularly significant. From 1981 to 2022, Alberta workers contributed 14.4 per cent (on average) of total CPP payments paid to retirees in Canada while retirees in the province received only 10.0 per cent of the payments. Albertans made a cumulative net contribution to the CPP (the difference between total CPP contributions made by Albertans and CPP benefits paid to retirees in Alberta) of $53.6 billion over the period—approximately six times greater than the net contribution of B.C., the only other net contributing province to the CPP. Indeed, only two of the nine provinces that participate in the CPP contribute more in payroll taxes to the program than their residents receive back in benefits.

So what would happen if Alberta withdrew from the CPP?

For starters, the basic CPP contribution rate of 9.9 per cent (typically deducted from our paycheques) for Canadians outside Alberta (excluding Quebec) would have to increase for the program to remain sustainable. For a new standalone plan in Alberta, the rate would likely be lower, with estimates ranging from 5.85 per cent to 8.2 per cent. In other words, based on these estimates, if Alberta withdrew from the CPP, Alberta workers could receive the same retirement benefits but at a lower cost (i.e. lower payroll tax) than other Canadians while the payroll tax would have to increase for the rest of the country while the benefits remained the same.

Finally, despite any claims to the contrary, according to Statistics Canada, Alberta’s demographic advantage, which fuels its outsized contribution to the CPP, will only widen in the years ahead. Alberta will likely maintain relatively high employment rates and continue to welcome workers from across Canada and around the world. And considering Alberta recorded the highest average inflation-adjusted economic growth in Canada since 1981, with Albertans’ inflation-adjusted market income exceeding the average of the other provinces every year since 1971, Albertans will likely continue to pay an outsized portion for the CPP. Of course, the idea for Alberta to withdraw from the CPP and create its own provincial plan isn’t new. In 2001, several notable public figures, including Stephen Harper, wrote the famous Alberta “firewall” letter suggesting the province should take control of its future after being marginalized by the federal government.

The next federal government—whoever that may be—should understand Alberta’s crucial role in the federation. For a stronger Canada, especially during uncertain times, Ottawa should support a strong Alberta including its energy industry.

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