Thursday, March 29, 2012

Air Canada maintenance... what they aren't telling us before we board

Aveos Fleet Performance Inc., the heavy maintenance company in charge of Air Canada's fleet maintenance, recently filed for bankruptcy in Canada.  That is tragic because it puts a lot of highly skilled people out of work.  The company claims the reason behind it's bankruptcy in Canada is due to the fact that Air Canada kept rescheduling major maintenance work on it's fleet causing the maintenance company to go into the red. 

The issue that has been swept under the carpet by the media is the question of what kind of major maintenance Air Canada kept rescheduling.  If you keep rescheduling maintenance, eventually it will cause a major safety concern.  I, for one, would not like to be concerned about maintenance at 30,000 to 45,000 feet.  I would also like to know how long Air Canada has been deferring work that is required on their fleet.  If an airline does not get the heavy maintenance work done, it can result in catastrophic failure of safety and control systems possibly leading to a fatal accident.  For the record, Air Canada has an extremely good safety record - it's last fatal accident was in June of 1983.  That said, if you skimp on the maintenance, a serious accident such as Alaska Airlines Flight 261 in 2000 which involved insufficient lubrication of flight control systems sent the plane spiralling into the Pacific ocean killing all on board.  I am not saying that will happen to Air Canada or any other Canadian airline for that matter, but flight 261 is a good example of how something as simple as insufficient lubrication of nuts, screws and assemblies will lead to a plane going down.  Upkeep of control systems are considered heavy maintenance because you have to disassemble large parts of the aircraft in order to get to the parts.

I feel the media should ask the question regarding possible maintenance lapses and the increased likelihood of a critical incident occurring because of it.

Notes about the author of this post:
  • I do not work for an aviation maintenance company or airline in any capacity
  • I do not work for any aviation regulator  ie  Transport Canada, FAA etc.
  • I am not part of an aerospace union
  • I am not part of any trade organization
  • I am not part of any media organization
  • I study aviation accidents, safety and performance issues as a hobby

Wednesday, March 28, 2012

Popcorn Served by the bucket-load, dripping in butter, popcorn was once seen as little more than junk food for peckish cinemagoers. But lately the snack has undergone a radical makeover, forging a name for itself as the low-calorie alternative to crisps for weight-conscious office workers

Served by the bucket-load, dripping in butter, popcorn was once seen as little more than junk food for peckish cinemagoers.
But lately the snack has undergone a radical makeover, forging a name for itself as the low-calorie alternative to crisps for weight-conscious office workers.
And now scientists have discovered that popcorn is not only good for the waist – it’s brimming with more antioxidants than your average serving of fruit and vegetables.
New research has revealed that popcorn is made up of just 4% water so the antioxidants are less diluted than in fruit and vegetables, which can be made up of up to 90% water.
The study found that one serving of popcorn contains up to 300mg of antioxidants - known as polyphenols – nearly double the 160mg found in a serving of fruit.
The researchers also found the crunchy hulls of popcorn (those bits that have an annoying habit of sticking in your throat) have the highest concentration of antioxidants and fibre.
Researcher Jo Vinson said: “Those hulls deserve more respect. They are nutritional gold nuggets.”
Describing popcorn as “the perfect snack food”, he added: “It's the only snack that is 100 per cent unprocessed whole grain.

“All other grains are processed and diluted with other ingredients, and although cereals are called 'whole grain', this simply means that over 51% of the weight of the product is whole grain.

“One serving of popcorn will provide more than 70% of the daily intake of whole grain.
“The average person only gets about half a serving of whole grains a day, and popcorn could fill that gap in a very pleasant way.”
He added: “Air-popped popcorn has the lowest number of calories while microwave popcorn has twice as many calories as air-popped."
The findings were revealed by scientists from the University of Scranton in Pennsylvania at a meeting of the American Chemical Society in San Diego.
But the researchers warned that popcorn should be seen as a supplement to your five-a-day, not an alternative, as it doesn’t contain the vital vitamins and nutrients found in fruit and vegetables.

Saturday, March 24, 2012

Swedish Parliament voted in favour of the government's proposal that Sweden shall adhere to the Convention on Cluster Munitions," parliament


"Parliament voted in favour of the government's proposal that Sweden shall adhere to the Convention on Cluster Munitions," parliament said in a statement.

Sweden signed the treaty in November 2008, several months after the convention was adopted at a conference in Dublin earlier in the year.

Sweden's initial delay in signing up to the treaty prompted criticism from peace advocates, who accused that the government of Fredrik Reinfeldt of foot dragging on an important disarmament matter.

Some 109 countries have signed the convention, which entered into force in 2010, and which requires signatories to stop the use, production and transfer of the deadly weapons.

Cluster munitions split open before impact and scatter multiple – often hundreds – of submunitions, or bomblets, usually the size of a tennis ball, over a wide area.

Many of them fail to explode and can lie hidden for years, killing and maiming civilians, including children, in explosions, even decades after the conflict is over.

China, Israel, Russia and the United States are among countries that have not signed the convention.

Those powers are thought to hoard and manufacture the bulk of the munitions, although the data is secret.

Tuesday, March 20, 2012

Air Canada pilots challenge back-to-work law : Law breaches charter rights, pilots say

Air Canada pilots are challenging the federal government's back-to-work legislation, asking Ontario's Superior Court to rule that the law breaches their charter rights.
A court filing by the pilots union says the legislation, which forces them to fly, conflicts with their legal obligations under the Canadian Aviation Regulations. The regulations prohibit pilots from flying if they have any reason to believe they are unfit to properly perform their duties.
"A right to strike is a necessary incident for employees to meaningfully exercise their freedom to associate in the workplace including their right to collective bargaining," the pilots' application said.
"The right to strike may only be restricted in the case of essential services where a work stoppage endangers the life, personal safety or health of the population. The right to strike is also an essential means by which employees convey information and raise awareness of the various issues in dispute between the parties. The impugned provisions limit both the liberty and 'security of the person' of pilots in a manner inconsistent with the principles of fundamental justice."
Labour Minister Lisa Raitt introduced the legislation March 12. It passed through the House of Commons and Senate and became law on March 14.
Raitt also referred the matter to the Canadian Industrial Relations Board, asking it to evaluate what a work stoppage would mean to Canadians' health and safety. Referring an issue to the CIRB bars the union and the airline from any work stoppage while the board investigates.
The pilots' application to the court says union members "have been under a significant amount of stress" due to the dispute and "Parliament’s removal of their only means of engaging in meaningful collective bargaining." But the back-to-work legislation means they can be prosecuted for refusing work if they feel unfit, the application says.
Raitt said Tuesday in Sudbury, Ont., that both parties can continue bargaining as they wait for an arbitrator to be assigned to conduct final offer selection, under which the sides submit offers and the arbitrator chooses between the two. She said the pilots were in talks for 18 months and had an agreement the union's members wouldn't ratify.
"The problem is at some point, and it would be this point, the Canadian public interest does come into play," Raitt said.
"I understand what is being said with respect to collective bargaining rights, and I understand that there's going to be challenges to it. And that's all appropriate, and that's going to happen. But as far as we're concerned, Air Canada is flying, there are no work stoppages, and the Canadian public interest has been satisfied."

Public servants advised against legislation

The government also used back-to-work legislation during Air Canada's contract dispute with customer service and sales staff last June.
A secret report obtained by The Canadian Press under federal Access to Information laws shows an appeal last summer from federal bureaucrats to use back-to-work legislation only as a last resort appears to have fallen on deaf ears.
The Department of Human Resources and Skills Development advised the governing Conservatives to use the powerful legal measure sparingly after the airline's customer-service and sales staff walked out last June.
In it, senior officials urged the Tories to save the back-to-work law for emergencies.
The bureaucrats were not convinced the walkout by customer-service agents constituted anything more than a nuisance to air travellers.
The Conservatives threatened back-to-work legislation to end labour unrest between Air Canada and unions representing customer-service agents and flight attendants.

Monday, March 19, 2012

Air Canada said Monday it could be forced to cancel flights and strand thousands of passengers if the maintenance company that obtained creditor protection Monday is unable to complete repairs to several planes.

MONTREAL - Air Canada said Monday it could be forced to cancel flights and strand thousands of passengers if the maintenance company that obtained creditor protection Monday is unable to complete repairs to several planes.
Despite saying earlier in the day it won't be affected by the closure, the airline's lawyers argued in vain Monday for a Quebec Superior Court judge to order Aveos Fleet Performance to not lay off more workers and meet its obligations to complete the repairs.

 


Three widebody planes and several narrowbody aircraft are sitting in Aveos facilities across the country, some missing landing gear.
Air Canada lawyer Louis Belanger said the next 24 to 48 hours will be crucial in determining if the aircraft repairs can be completed on schedule. He said nearly 3,000 passengers daily could be affected if the planes aren't promptly returned to service.
Despite what it argued in court, Air Canada (TSX:AC.B) said in a news release that its fleet's maintenance and repair activities are done in-house and won't be affected by the plant closures.
"The airline's line maintenance has always been performed directly by Air Canada, at the airline's own facilities by Air Canada's 2,300 maintenance employees," the airline said in a statement.
"The airline typically performs its line maintenance activities overnight or between flights, as necessary."
Montreal-based Aveos said it has permanently shut its airframe repair business. The move will affect about 1,800 of the company's 2,600 employees.
The remaining employees repairing engines and components such as landing gear have not been let go but it wasn't immediately clear when they will be called back to work.
Aveos said it will be able to restart operations if it can secure liquidity and develop a restructuring plan.
"This was an extremely difficult decision, one we made only after lengthy and careful consideration of all other options. We deeply regret the job losses and the impact this decision has on our employees in Canada," stated Aveos CEO Joe Kolshak.
Justice Mark Schrager denied an Air Canada request that would have forced Aveos to maintain operations and employment to complete the contracted repairs.
"Accommodation, if there is any between Aveos and Air Canada, is going to be made in a boardroom, not a courtroom," he said before granting creditor protection Monday.
The airline was forced to cancel several flights over the weekend because it said several pilots called in sick, there was heavy fog and a fire closed a runway at Toronto's Pearson Airport.
The head of the pilots association denied it led a co-ordinated protest to have pilots book off sick. But Capt. Paul Strachan said the stress of the labour dispute has had a clear effect on some workers.
The Canadian Industrial Relations Board will determine the merits of Air Canada's complaint that the pilots called in sick as a protest and that the action constituted an illegal strike after hearing from the two sides next week.
Aveos shut down three main plants in Vancouver, Winnipeg and Montreal, as well as other facilities in Edmonton, Calgary, Trenton and Mississauga, Ont. The International Association of Machinists and Aerospace Workers maintains Air Canada caused the problems at Aveos by sending its heavy aircraft maintenance business to other providers.
It said the layoff of Aveos workers is a violation of the Air Canada Public Participation Act and it wants the federal government to intervene and save their jobs.
"We want the federal government to intervene, otherwise a viable industry and its highly skilled workers will vanish forever," said Dave Ritchie, Canadian General Vice President of the IAMAW.
The union contends the government and Canada Industrial Relations Board should have done more to ensure Aveos was financially viable before approving the transfer of workers from Air Canada.
Aveos argues Air Canada is responsible for $10 million in severance payments owed to laid off airframe workers.
Some of those employees protested outside an Air Canada office in Montreal on Monday morning, blocking access to the building near Pierre Elliott Trudeau International Airport.
A few kilometres away, another group of laid-off workers protested outside an Aveos building. A similar protest took place in Vancouver.
Union spokesman Marcel St-Jean said if Air Canada was still sending its planes to Aveos for maintenance, the company might not be in the position it is in right now.
St-Jean said that Air Canada called the company on Friday to say they weren't sending anymore planes.
"We've been told by Aveos that Air Canada owes them more than $54 million and they are not paying their bills," said St-Jean, president of the Montreal Local of the IAMAW.
In its court filing, Aveos said it has been hurt by "uncertain work volume" across all its business lines from its main customer Air Canada and high labour costs.
"Since the beginning of 2012, Air Canada has reduced, deferred and cancelled maintenance work with Aveos which has resulted in $16 million lost revenue in less than two calendar months," said the its court petition.
"While Aveos remained ready, willing and able to perform such work, the loss of such work has been devastating to Aveos' financial position."
Aveos said it was owed $60 million, mostly from Air Canada. As of January, its liabilities exceeded the book value of its assets by $165 million.
The company said it lost nearly $49 million before taxes in the fourth quarter and $9.5 million in the first nine months of last year.
Aveos was once Air Canada's technical services division but was later spun off as a separate company.
Chris Murray of PI Financial said he doesn't foresee any major impact to Air Canada's finances in the near team because of the Aveos shutdown.
"Line maintenance is provided internally by Air Canada and therefore should not present any operational issues," he wrote in a report.
Air Canada says it has a contingency plan involving other companies if Aveos is unable to ensure the work can be done. Air Canada is Aveos' largest customer, providing about 90 per cent of its maintenance overhaul work. Its exclusive airframe contract expires in June 2013, while engine work is guaranteed until 2018.

Saturday, March 17, 2012

The top judges in British Columbia’s three courts are openly criticizing the province’s latest efforts at judicial reform.

Judicial Independence

(And What Everyone Should Know About It)
15 March 2012

Introduction

The provincial government’s "Justice Reform Initiative" presents an opportunity to provide information to the public about the courts and the role of the judiciary in our system of government.

Our system of government is divided into three branches: the legislative, the executive and the judiciary. Each has separate and independent areas of power and responsibility. In its simplest form, the legislative branch creates the law, the executive branch enforces the law, and the judicial branch interprets and applies the law in individual cases.

Through a long history, a balance has been struck among these three branches of government, keeping each branch from gaining too much power or having too much influence over the others.

Every resident of Canada remains subject to the application of the law. No person nor government is beyond its reach. This principle is often called the "rule of law" and is important in a democratic system of government. A former Secretary General of the United Nations has defined the rule of law as follows:

It refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.1

1 U.N. Security Council, The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies: Report of the Secretary-General. (S/2004/616). 23 August 2004. Online: http://www.unrol.org/files/2004%20report.pdf.

This principle has a long history, but the independence of the judges, who are tasked with interpreting and applying the law in individual cases, is an important part.

What is Judicial Independence and Why is it Important?

The term "judicial independence" is often talked about when discussing the justice system, but is not always well-understood. The purpose of these comments is to help the public understand what judicial independence is and why it is important.

A famous English judge said that "Justice must be rooted in confidence." He was referring to the confidence litigants and the public must have that judicial decision-makers are impartial. Those who come before the courts must be certain that decisions made by those courts are not subject to outside influence. Judicial independence means that judges are not subject to pressure and influence, and are free to make impartial decisions based solely on fact and law. Judicial independence is often misunderstood as something that is for the benefit of the judge. It is not. It is the public’s guarantee that a judge will be impartial. The principle has been expressed this way:

In the final analysis we value and stress judicial independence for what it assures to the public, not for what it grants to judges themselves. Ultimately, the sole purpose of the concept is to ensure that every citizen who comes before the court will have [their] case heard by a judge who is free of governmental or private pressures that may impinge upon the ability of that judge to render a fair and unbiased decision in accordance with the law.2

2 Garry D. Watson, "The Judge and Court Administration" in The Canadian Judiciary (Toronto: Osgoode, 1976) at 183 quoted in British Columbia, Commission of Inquiry Pursuant to Order-in-Council #1885, July 5, 1979, Report of the Honourable Mr. Justice P.D. Seaton, Commissioner (October 23, 1979) at 11 ["Seaton Report"].

3 Seaton Report at 60.

It has been suggested that judges may use independence as a "shield" against scrutiny. This is a mistaken view.

Judges have a responsibility to protect their independence and impartiality. They do so not out of self-interest, but as an obligation they owe to the public who have entrusted them with decision-making power, and to whom they are ultimately accountable to maintain the public’s confidence. One judge expressed it this way:

It is the judge [...] who is primarily responsible for the maintenance of [their] independence and the independence of the judiciary generally. The Chief Judge and others with administrative duties must act as a buffer between the executive and individual judges. All judges, especially those with administrative duties, must be vigilant to preserve their independence and the independence of their court. They must keep the Ministry, just as they must keep all others, at arm’s length.3

To preserve judicial independence, the Constitution of Canada requires three things:

1. Security of tenure: Once appointed, a judge is entitled to serve on the bench until the age of retirement, unless, for Superior Court judges, both houses of Parliament agree that he or she should be removed from office, or for Provincial Court judges, a tribunal established under the Provincial Court Act has ordered that he or she should be removed from office.

2. Financial security: Judges are paid sufficiently and in a manner so they are not dependent on or subject to pressure from other institutions.

3. Administrative independence: Courts must be able to decide how to manage the litigation process and the cases judges will hear.

It is easy to see how the first two aspects are important to ensure judges are free from government or private pressures affecting their impartiality. The third aspect, administrative independence, is more complex.

The court as a whole must remain separate from other branches of government to prevent any suggestion of improper influence. The Supreme Court of Canada has stated the aspects of administrative independence necessary to maintain a constitutionally-sound separation between the judiciary and other branches of government. They include:

1. the assignment of judges to hear particular cases;

2. the scheduling of court sittings;

3. the control of court lists for cases to be heard;

4. the allocation of courtrooms; and

5. the direction of registry and court staff in carrying out these functions.

It is important to understand why these functions must remain within judicial control. First, the public could not have confidence in the independence and impartiality of the courts if others, outside the judicial branch, could control or manipulate proceedings by interfering in any of these functions. A judge cannot be independent if the necessary support staff is unavailable, or is subject to the control of and accountable to others.

All recognize there is a requirement for accountability for the allocation and disposition of the resources, human and otherwise, necessary to the proper functioning of the courts. There is bound to be continuing tension between the uncertain and varying demands for the resources, and the constraints on those who must budget for the supply of those resources. But if there is a business case to be made for cost savings, that case must be made within the confines of what is permitted by the
Constitution.

Reforms also need to be examined in context. For example, it has been suggested that "overbooking" (the setting of more than one case before the same judge on the same day) is inefficient and costly, because one or more counsel and parties who attend on the appointed day will have their cases adjourned. That can be one result of overbooking. But this view overlooks the fact that overbooking often leads to more effective utilization of judicial and other court resources, taking into account the number of cases that normally settle on the eve of trial or do not proceed for other reasons.

By long history, our court proceedings are based on an adversarial system. The parties present their opposing positions, witnesses are called and cross-examined. The judge sits as a neutral decision-maker. It is not a perfect system, and it continues to evolve, but in its essential form, and particularly in the area of criminal law, it is a system that has worked well for centuries.

In the adversarial system, the preparation and presentation of cases is left primarily in the hands of the lawyers representing the adverse parties. The courts exercise some measure of control over this, but they must respect the accused’s constitutional rights, as well as the professional obligations of the lawyers to their respective clients.

The adversarial system is one feature of the legal system that makes it an uneasy fit with the application of business analysis and systems management designed for a business or government enterprise. The judiciary of each Court has drawn upon such analysis to develop projects and systems to better serve the public in a manner that also recognizes the constitutional structures and rights that underpin the legal system.

There are many other factors which require consideration when seeking to improve the justice system. No one can predict with confidence the number of cases coming into the system at any given time, and no one can predict their complexity or the time they will require to be heard and resolved. Predetermined limits on human resources by those outside the judicial system are likely to give rise to serious problems. Flexibility is necessary if changing demands for judicial and court resources are to be met.

Other Types of Independence

It is important to distinguish between judicial independence and the sort of independence that characterizes the role of other members of our legal system. Police, prosecutors and defence counsel all have to make important decisions in the detection, prosecution and defence of persons alleged to have committed crimes.

There is a critical distinction between the police and Crown prosecutors on the one hand, and the judiciary on the other. The police and prosecutors are in the employ and within the authority of the executive branch of government. Although required to exercise their duties impartially and independently, at the end of the day they are agents of the Crown.

Judges by contrast are not subject to the direction or control of the executive branch of government.

There are sound reasons for this. Government, in its many manifestations, is frequently a party to court proceedings in an adversarial role. For example, the state is behind every criminal prosecution. Government agencies are frequently either parties to court proceedings, or are subject to having their decisions reviewed in the courts. Courts are called upon to decide disputes between our Aboriginal peoples, and various levels of government, or government agencies. Courts also have to rule on the validity of legislation, as to whether it is within the powers given to the Legislature or Parliament by the
Constitution, and whether it conforms to the requirements of the Charter of Rights and Freedoms.

So while police and prosecutors must be independent within their proper spheres, theirs is an independence of a different nature or quality than judicial independence. While police and prosecutors must be objective, they are ultimately part of and answerable to the executive branch of government. Judges are not, and their independence safeguards their impartiality.

Conclusion

The judiciary is always open to discussing ways to improve the administration of justice. Indeed, all levels of court have engaged in extensive discussions with government officials over the past several years with a view to achieving that end. In being open to discussion, however, the judiciary will remain steadfast in protecting the essential elements of judicial independence, as the precursor and guardian of judicial impartiality.

Chief Justice Lance Finch Chief Justice Robert Bauman Chief Judge Thomas Crabtree

Chief Justice of British Columbia Chief Justice Chief Judge

Supreme Court of British Columbia Provincial Court of British Columbia

Thursday, March 15, 2012

Four-in-five respondents call for an independent investigation to find out who was behind the misleading robocalls made in the 2011 federal ballot.

-

Most Canadians Think Robocalls Were Used Broadly in Last Election

Four-in-five respondents call for an independent investigation to find out who was behind the misleading robocalls made in the 2011 federal ballot.
Many Canadians are following stories related to the telephone calls with pre-recorded messages made during the last federal election, and a large proportion believe this method was used widely in the last campaign, a new Angus Reid Public Opinion poll has found.
In the online survey of a representative sample of 1,001 Canadian adults, half of respondents (50%) say they have followed stories related to robocalls made during the last federal election campaign “very closely” or “moderately closely.”
Elections Canada is currently investigating telephone calls with pre-recorded messages made at or near the City of Guelph, Ontario, that may have prevented Canadians from voting in the federal election of May 2011.
Less than one-in-five Canadians (18%) believe the robocalls are “definitely” or “probably” an isolated incident limited to Guelph. Conversely, almost two thirds of Canadians (64%) think the Guelph occurrence is “probably” or “definitely” one of many that took place in the last federal campaign.
A large proportion of Canadians who voted for the Green Party (80%), the New Democratic Party (78%), the Liberal Party (77%) and the Bloc Québécois (also 77%) believe that the robocalls extend beyond Guelph, along with 47 per cent of Conservative Party voters.
Canadians were asked which of the five major federal parties are likely to provide false and misleading information to voters through telephone calls with pre-recorded messages during a political campaign. Only a third of respondents in Canada think the Green Party (32%) and the New Democratic Party (NDP) (33%) are “very likely” or “moderately likely” to rely on this tactic. In Quebec, 32 per cent of respondents think the Bloc Québécois is likely to use robocalls with misleading information.
A majority of Canadians believe the Liberal Party (55%) and the Conservative Party (63%) are likely to provide false and misleading information to voters through telephone calls with pre-recorded messages during a political campaign. In fact, two-in-five Canadians (39%) think the Tories are “very likely” to rely on this tactic.
Half of Canadians (50%)—including 61 per cent of Quebecers—believe that every riding that was the subject of misleading robocalls should have a by-election as soon as possible, and four-in-five respondents (81%) want to hold an independent investigation to find out exactly who was behind any misleading robocalls that may have been made in the May 2011 federal election.
Respondents are divided on the effect robocalls may have had on the last federal ballot, with 44 per cent agreeing that the misleading messages definitely changed the outcome of the May 2011 federal election, and 36 per cent disagreeing with that assessment.
At least three-in-five Canadians who voted for any of the four parties currently in opposition in the House of Commons want to hold by-elections in the ridings that were the subject of misleading robocalls, but only 31 per cent of Tory voters concur. Most opposition voters also believe that the robocalls definitely changed the outcome of the last federal ballot, a view shared by just 17 per cent of Conservative voters.
Full Report, Detailed Tables and Methodology (PDF)

Saturday, March 10, 2012

$27B tobacco lawsuit headed for Quebec court : Other provinces team up to take on tobacco companies

Canada's three main tobacco companies are set to do battle in a Montreal court on Monday in the biggest civil case in Canadian history.
A group of Quebec smokers is suing Imperial Tobacco Canada, Rothmans, Benson & Hedges and JTI-Macdonald.
They claim the companies failed to properly warn their customers about the dangers of smoking, underestimated evidence relating to the harmful effects of tobacco, engaged in unscrupulous marketing and destroyed documents.
It's the first time tobacco companies have gone to trial in a civil suit in Canada, and up to $27 billion in damages and penalties are at stake.
The tobacco companies say they vehemently deny the allegations.
On another front, six provinces are teaming up to sue Canadian tobacco firms for health-care costs.
B.C., New Brunswick, Nova Scotia, Saskatchewan, Manitoba and P.E.I. are retaining a national legal team to help them prosecute Canadian tobacco companies.
They're seeking to recover billions of dollars.

Thursday, March 8, 2012

Harper v. Canada (Attorney General), [2000] 2 S.C.R. 764 Supreme Court of Canada

Source: http://scc.lexum.org/en/2000/2000scc57/2000scc57.html






Harper v. Canada (Attorney General), [2000] 2 S.C.R. 764







The Attorney General of Canada Applicant







v.







Stephen Joseph Harper Respondent











Indexed as: Harper v. Canada (Attorney General)







Neutral citation: 2000 SCC 57.







File No.: 28210.







2000: November 10.







Present: McLachlin C.J. and L’Heureux‑Dubé, Gonthier, Iacobucci, Major, Bastarache, Binnie, Arbour and LeBel JJ.







motion for a stay







Practice ‑‑ Stay ‑‑ Federal elections ‑‑ Spending limits ‑‑ Plaintiff granted interlocutory injunction against enforcement of third‑party spending limits pending decision on his constitutional challenge to legislation ‑‑ Whether injunction should be stayed.











The respondent sought a declaration that the provisions in the Canada Elections Act, S.C. 2000, c. 9, imposing limits on third‑party spending on advertising in the course of a federal election campaign are unconstitutional because they unjustifiably limit the right of free expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The issue has gone to trial but judgment has not yet been rendered. An election writ has been issued with a polling date of November 27, 2000. The respondent immediately applied for an interlocutory injunction restraining the enforcement of the third‑party spending limits, pending the decision in the action. The same judge who heard the trial granted the injunction, which was upheld by the Court of Appeal. The Attorney General of Canada applies to this Court for leave to appeal from the interlocutory injunction and, in the interim, for a stay of the injunction.







Held (Major J. dissenting): The stay should be granted.







Per McLachlin C.J., L’Heureux‑Dubé, Gonthier, Iacobucci, Bastarache, Binnie, Arbour and LeBel JJ.: In considering whether an injunction should be granted, and by extension whether an injunction should be stayed pending appeal, the Court considers: (i) whether there is a serious issue to be tried; (ii) whether absent an injunction there will be irreparable harm to the individual seeking the injunction; and (iii) the balance of (in)convenience. This case turns on an analysis of the third ground -‑ the balance of (in)convenience.











The public interest in maintaining in place the duly enacted legislation on spending limits pending complete constitutional review outweighs the detriment to freedom of expression caused by those limits. To leave the injunction in place is to grant substantial success to the respondent even though the trial has not been completed. It is taken as given at this stage that the legislation imposing spending limits on third parties will serve a valid public purpose. Weighing these factors against the partial limitation on freedom of expression imposed by the restrictions, the balance of convenience favours staying the injunction. Courts will not lightly order that laws that Parliament or a legislature has duly enacted for the public good are inoperable in advance of complete constitutional review, which is always a complex and difficult matter. It follows that only in clear cases will interlocutory injunctions against the enforcement of a law on grounds of alleged unconstitutionality succeed.







Per Major J. (dissenting): The interim injunction furthers the Charter’s guarantee of freedom of expression, and the respondent has displaced the assumption that the government suffers a greater harm than he does. Thus, the balance of convenience tips sharply in favour of the respondent. The chambers judge made no error and was entitled to reach the conclusion that the balance of convenience favoured injunctive relief. We should be loathe to interfere with political speech, especially in the midst of a federal election.







The Attorney General admitted that there was a violation of s. 2(b) of the Charter, but did not offer any evidence to show that the injunction would cause some harm. The presumption that legislation generally identified as serving a public interest is prima facie valid should not be conclusive where it competes against the acknowledged impediment to an individual’s free speech unless there is some evidence demonstrating an impediment of a public interest. Furthermore, the assumption that the public interest will suffer irreparable harm when an injunction stops an authority from protecting the public good can be overcome when an applicant demonstrates that the injunction itself serves the public interest. Finally, this case falls within an exception to the principle that the effect of democratically enacted legislation should not be suspended before a finding of unconstitutionality or invalidity.







Cases Cited







By McLachlin C.J. et al.







Applied: Gould v. Attorney General of Canada, [1984] 2 S.C.R. 124; Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110; Haig v. Canada, [1993] 2 S.C.R. 995; RJR‑-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311; referred to: Thomson Newspapers Co. v. Canada (Attorney General), Bulletin of Proceedings of the Supreme Court of Canada, 1997, p. 882.







By Major J. (dissenting)







Switzman v. Elbling, [1957] S.C.R. 285; Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110; RJR-‑MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311; Hadmor Productions Ltd. v. Hamilton, [1982] 1 All E.R. 1042; Attorney General of Canada v. Gould, [1984] 1 F.C. 1133, aff’d [1984] 2 S.C.R. 124.







Statutes and Regulations Cited







Canada Elections Act, S.C. 2000, c. 9, s. 350(1), (2), (3), (4).







Canadian Charter of Rights and Freedoms, ss. 1, 2(b).







Authors Cited







Berryman, Jeffrey. The Law of Equitable Remedies. Toronto: Irwin Law, 2000.











Cassels, Jamie. “An Inconvenient Balance: The Injunction as a Charter Remedy”, in Jeffrey Berryman, ed., Remedies: Issues and Perspectives. Scarborough, Ont.: Carswell, 1991, 271.







Roach, Kent. Constitutional Remedies in Canada. Aurora, Ont.: Canada Law Book (loose‑leaf updated 2000, release 7).







Sharpe, Robert J. Injunctions and Specific Performance. Aurora, Ont.: Canada Law Book (loose‑leaf updated 1999, release 7).







MOTION to stay a judgment of the Alberta Court of Appeal, [2000] A.J. No. 1240 (QL), affirming an order of the Court of Queen’s Bench, [2000] A.J. No. 1226 (QL), enjoining the enforcement of s. 350(1), (2), (3) and (4) of the Canada Elections Act. Motion granted, Major J. dissenting.







Written submissions by Graham Garton, Q.C., and Thomas W. Wakeling, for the applicant.







Written submissions by Alan D. Hunter, Q.C., and Eric Groody, for the respondent.







The following is the order delivered by











1 The Chief Justice and L’Heureux-Dubé, Gonthier, Iacobucci, Bastarache, Binnie, Arbour and LeBel JJ. – On May 31, 2000, Parliament passed the Canada Elections Act, S.C. 2000, c. 9 (the “Act”), imposing limits on third-party spending on advertising in the course of a federal election campaign. The law came into force on September 1, 2000. Our reasons in this application relate solely to the issue of whether an injunction which suspended the enforcement of certain provisions pertaining to third-party spending limits should be stayed. They do not deal with the granting of leave to appeal the injunction order nor any ensuing appeal. They also do not deal with the question of whether the Act is unconstitutional.







2 The respondent Stephen Joseph Harper commenced an action on June 7, 2000 before the Alberta Court of Queen’s Bench, seeking a declaration that the spending limits are unconstitutional because they unjustifiably limit the right of free expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The trial commenced on October 2 and adjourned on October 13, after nine days of evidence.







3 On October 22, an election writ was issued, with a polling date of November 27, 2000. Mr. Harper applied to the same trial judge (Cairns J.), who heard the action seeking a declaration that the spending limits are unconstitutional, for an interlocutory injunction restraining the Chief Electoral Officer of Canada and the Commissioner of Canada Elections from enforcing the third-party spending limits, pending the decision in the action. The trial judge granted the injunction ([2000] A.J. No. 1226 (QL)), and the Alberta Court of Appeal upheld it ([2000] A.J. No. 1240 (QL)). The Attorney General of Canada now applies to this Court, seeking leave to appeal from the interlocutory injunction and, in the interim, a stay of the injunction. The application for leave to appeal is granted, by separate order, released concurrently. This leaves the question of whether the injunction restraining the enforcement of the law imposing spending limits should be stayed.











4 In considering whether an injunction should be granted, and by extension whether an injunction should be stayed pending appeal, the Court considers: (i) whether there is a serious issue to be tried; (ii) whether absent an injunction there will be irreparable harm to the individual seeking the injunction; and (iii) the balance of (in)convenience. Without prejudging the appeal, we are satisfied there is a serious issue to be tried. The issue is no less than the constitutionality of provisions of the electoral law passed by the Parliament of Canada which no court has held to be invalid. This is a serious issue not only because the constitutionality of the provisions is challenged, but because it is common ground that the determination of the constitutionality will turn on the application of s. 1 of the Charter, which is always a complex factual and legal analysis. We also assume that the provisions in issue may occasion “irreparable harm” to the capacity of third parties to participate as they wish in the election campaign to the extent of the spending limits on advertising imposed on them. This leaves the third ground, the balance of convenience.







5 Applications for interlocutory injunctions against enforcement of still-valid legislation under constitutional attack raise special considerations when it comes to determining the balance of convenience. On the one hand stands the benefit flowing from the law. On the other stand the rights that the law is alleged to infringe. An interlocutory injunction may have the effect of depriving the public of the benefit of a statute which has been duly enacted and which may in the end be held valid, and of granting effective victory to the applicant before the case has been judicially decided. Conversely, denying or staying the injunction may deprive plaintiffs of constitutional rights simply because the courts cannot move quickly enough: R. J. Sharpe, Injunctions and Specific Performance (loose-leaf ed.), at para. 3.1220.











6 The trial judge found that the freedom of speech interest raised by the applicant Harper to be of great importance. On the other side of the balance, he found that the Attorney General of Canada had called no evidence on the harm that would result from suspending the operation of the law. In the absence of evidence, he characterized this harm as “notional unproven unfairness” (para. 35). Accordingly, he found that the balance of convenience favoured the grant of an injunction.







7 We cannot, with respect, agree. This application is governed by the principles set forth in previous cases. On appeal the applicant Harper may seek alteration of these principles, but for the moment they govern. Applying these principles, the balance of convenience in this case favours granting the stay of the injunction. One of these principles is the rule against granting the equivalent of final relief in interlocutory challenges to electoral statutes, even in the course of elections governed by those statutes: Gould v. Attorney General of Canada, [1984] 2 S.C.R. 124; see also Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, per Beetz J., at p. 144; Haig v. Canada, [1993] 2 S.C.R. 995. In this case, allowing the injunction to stay in place will in effect give Mr. Harper the ultimate relief he seeks in his action, at least with respect to the current election. The trial judge, however, did not address this factor, nor the case law which addresses it.







8 It may also be noted that, in Thomson Newspapers Co. v. Canada (Attorney General), S.C.C., No. 25593, May 7, 1997 (published in the Bulletin of Proceedings of the Supreme Court of Canada, 1997, at p. 882), this Court refused to grant a stay suspending the enforcement of the provisions mandating publication bans on opinion polls set forth in the Canada Elections Act, R.S.C., 1985, c. E-2, s. 322.1. In so doing, the Court relied on its previous decision in Gould, supra. The Court refused the stay even though the ultimate decision found the poll prohibition to be unconstitutional.











9 Another principle set out in the cases is that in considering the grant of an interlocutory injunction suspending the operation of a validly enacted but challenged law, it is wrong to insist on proof that the law will produce a public good. Rather, at this stage of the proceeding, this is presumed. As Sopinka and Cory JJ. stated in RJR--MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, at pp. 348-49:







When the nature and declared purpose of legislation is to promote the public interest, a motions court should not be concerned whether the legislation actually has such an effect. It must be assumed to do so. In order to overcome the assumed benefit to the public interest arising from the continued application of the legislation, the applicant who relies on the public interest must demonstrate that the suspension of the legislation would itself provide a public benefit.











It follows that in assessing the balance of convenience, the motions judge must proceed on the assumption that the law -- in this case the spending limits imposed by s. 350 of the Act -- is directed to the public good and serves a valid public purpose. This applies to violations of the s. 2(b) right of freedom of expression; indeed, the violation at issue in RJR--MacDonald was of s. 2(b). The assumption of the public interest in enforcing the law weighs heavily in the balance. Courts will not lightly order that laws that Parliament or a legislature has duly enacted for the public good are inoperable in advance of complete constitutional review, which is always a complex and difficult matter. It follows that only in clear cases will interlocutory injunctions against the enforcement of a law on grounds of alleged unconstitutionality succeed.











10 Again, the trial judge appears not to have applied this principle in weighing the benefits of the law against its impact on free expression. Instead of assuming that the legislation has the effect of promoting the public interest as RJR--MacDonald directs, the trial judge based his conclusion on the fact that the Government “has not adduced any evidence to illustrate unfairness in any of these elections in Canada caused by third-party spending limits” (para. 33). He went on to repeat that the “Government simply asserts that third-party spending limits, if not controlled, may (and that is notional only) impact adversely on the fairness of elections” (para. 34), and moved directly from this to the conclusion that leaving the spending limits in place “would clearly cause more harm in the public interest than the notional unproven unfairness suggested by the Government” (para. 35). Moreover, the trial judge made no mention of the fact that the law may be seen not only as limiting free expression but as regulating it in order to permit all voices during an election to be heard fairly.







11 Applying the principles enunciated in previous decisions of this Court, and without prejudging the outcome of any appeal from the injunction, we are satisfied that the public interest in maintaining in place the duly enacted legislation on spending limits pending complete constitutional review outweighs the detriment to freedom of expression caused by those limits. To leave the injunction in place is to grant substantial success to the applicant Harper even though the trial has not been completed. Moreover, applying RJR--MacDonald, we must take as given at this stage that the legislation imposing spending limits on third parties will serve a valid public purpose. Weighing these factors against the partial limitation on freedom of expression imposed by the restrictions, we conclude that the balance of convenience favours staying the injunction granted by the trial judge.







Conclusion







12 We therefore conclude that a stay of the order enjoining the enforcement of s. 350(1), (2), (3) and (4) of the Canada Elections Act should be granted.







The following are the reasons delivered by











13 Major J. (dissenting) — The facts that accompany this application by the Attorney General of Canada for a stay of the injunction obtained in Alberta are not in dispute. The chambers judge, relying on the pleadings and the evidence at the trial, faced the concession that the plaintiff Mr. Harper’s freedom of expression was restricted by the legislation. Weighed against this was the inability of the Attorney General to demonstrate that the injunction would cause any inconvenience (see [2000] A.J. No. 1226 (QL), at paras. 34-35, per Cairns J.):







The Government simply asserts that third-party spending limits, if not controlled, may (and this is notional only) impact adversely on the fairness of elections. Yet, it can point to no evidence to illustrate unfairness in the Canadian elections caused by third-party spending.







In my judgment, the spending limits having the deleterious effect of fettering the core freedom of expression and speech as enshrined in the Charter, as they do and as admitted by the Attorney General of Canada, would clearly cause more harm in the public interest than the notional unproven unfairness suggested by the Government.







14 As described in the reasons of the majority, an injunction should be granted where: (1) there is a serious question to be tried, (2) there is irreparable harm to the person seeking the injunction if no injunction is issued, and (3) the balance of convenience favours an injunction.







15 It is on the determination of the balance of convenience that I disagree with the majority. The chambers judge, who was also the trial judge in the recently concluded trial, was in a unique position to weigh the balance of convenience.











16 The trial judge did not, nor do I, intend the interim injunction to reflect on the validity of the new elections legislation. The question of whether the limits on election spending are constitutional will only be decided once there is a determination on the merits.







17 It is inescapable to me that the balance of convenience tips sharply in favour of the plaintiff. The proposition advanced to counter the obvious inconvenience to Mr. Harper is that legislation generally identified as serving a public interest carries a prima facie assumption of validity. But that presumption should not be conclusive where, as here, it competes against the acknowledged impediment to the plaintiff’s free speech unless there is some evidence demonstrating an impediment of a public interest. Here there is none.







18 The chambers judge was careful to note that the interim injunction was just that. He stated that his ultimate disposition may be that the legislation is constitutional. But he could not ignore the evidence produced during the two-week trial to the extent it bore on granting an interim injunction.







19 The interim injunction would safeguard important constitutional rights guaranteed by the Canadian Charter of Rights and Freedoms and protect the freedom of political speech during a federal election. The law is clear that — in the absence of an error in principle — the trial judge has the discretion, and is entitled to appellate deference.











20 In this application, we are dealing with one of the most valuable forms of speech: political speech. Canadians cherish the unimpeded diffusion of political ideas and opinions, and this Court has long recognized that freedom of expression is “essential to the working of a parliamentary democracy such as ours” (Switzman v. Elbling, [1957] S.C.R. 285, per Abbott J., at p. 326). Hence we must tread carefully in limiting political speech. It is speech that we recognize as invaluable, given its significance in our democratic process. We should be loathe to interfere with it, especially in the midst of a federal election.







21 I am of the view that the trial judge did not err in applying the three-part test for an injunction in a constitutional context, as set out in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110, and RJR--MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311, both cases that the trial judge referred to and relied upon. As stated, I agree with the majority that the first two requirements are met.







22 The third requirement is that the balance of convenience favours granting the injunction. This requirement subsumes the question of what irreparable harm the defendant faces. After nine days of trial, there was no evidence before the Alberta Court of Queen’s Bench that the injunction would cause any “inconvenience” or “irreparable harm”. Nor has the Attorney General in this application referred this Court to any evidence showing what harm would result from the injunction. Instead, the Attorney General states as a conclusion that suspending the spending limits would result in unfairness, and so the legislation must be applied “in the interests of fairness for all”.







23 The Attorney General admitted that there was a violation of s. 2(b), and offered not a scintilla of evidence showing that the injunction would cause some harm. In this light, the trial judge concluded that the balance of convenience favoured injunctive relief. Given the restriction upon a cherished constitutional freedom and the absence of anything tilting the other way, Cairns J. was entitled to reach this conclusion.











24 I acknowledge that in the majority of cases, it may be acceptable to assume that there is irreparable harm to the public interest when an injunction stops an authority from protecting the public good: RJR--MacDonald, supra, at p. 346. But that is an assumption only (as Sopinka and Cory JJ. suggest at p. 349), and it can be overcome when an applicant demonstrates that the injunction itself serves the public interest. In this case, the injunction furthers the Charter’s guarantee of freedom of expression, and Mr. Harper has displaced the assumption that the government suffers a greater harm than he does.











25 I find that the suggestion of “irreparable harm” to the government or the public interest is strained and unpersuasive. To date, Canadian federal elections have not been governed by limits on third-party spending. It is difficult to see how the consequences of undergoing one more election without these limits would somehow cause “irreparable harm” to our democratic institutions, particularly since no such harm occurred in past elections. In my view, the public interest favours granting, rather than refusing, the injunction. Dean Cassels is right to suggest that the “public interest” does not belong exclusively to the Attorney General, and I agree with his rejection of the “assumption that only one party speaks for the public interest” (J. Cassels, “An Inconvenient Balance: The Injunction as a Charter Remedy”, in J. Berryman, ed., Remedies: Issues and Perspectives (1991), 271, at pp. 303-5). The question is: will the injunction serve the public good by protecting constitutional rights? Given the need to protect free speech, particularly during an election, it seems reasonable to require the Attorney General to provide something more than a pro forma statement about unfairness. In the absence of anything beyond speculation, and in the face of a serious denial of Charter-protected freedoms, the balance of convenience clearly favours the injunction. I would add that while the Attorney General argues that the public interest is served by seeing the legislation enforced, that argument is countered by the compelling public interest in seeing fundamental Charter-protected freedoms upheld: J. Berryman, The Law of Equitable Remedies (2000), at p. 51.







26 “Because the granting of an interlocutory injunction is a discretionary matter appellate courts have limited the role of review”: Berryman, The Law of Equitable Remedies, supra, at p. 37. This Court endorsed the deferential approach in Metropolitan Stores, supra, at pp. 154-56. The standard is high; the reviewing court “must not interfere with [the trial judge’s exercise of discretion] merely on the ground that the members of the appellate court would have exercised the discretion differently”: Hadmor Productions Ltd. v. Hamilton, [1982] 1 All E.R. 1042 (H.L.), per Lord Diplock, at p. 1046. To interfere, there must be a clear mistake on the law or the evidence, or some other glaring error. There is no such mistake here.







27 Cairns J. is entitled to appellate deference. He was, in fact, unusually well-placed to grant the injunction. The typical judge faced with this sort of injunction would not have the benefit of having presided over the trial on the merits of the constitutional challenge.







28 It is true, as the majority suggests, that in all but exceptional cases, the effect of democratically enacted legislation should not be suspended before a finding of unconstitutionality or invalidity: Attorney General of Canada v. Gould, [1984] 1 F.C. 1133 (C.A.), aff’d [1984] 2 S.C.R. 124. But this case falls in the narrow category of exceptions. I reach that conclusion for three reasons.











29 First, there is the timing of the challenge. The new Canada Elections Act, S.C. 2000, c. 9, was given royal assent on May 31, 2000. The plaintiff’s statement of claim was issued within seven days. The legislation would ordinarily have come into force after the November 27 general election, but it was activated, so to speak, by publication of notice in the Canada Gazette on September 1, 2000. The Attorney General of Canada introduced this legislation in a manner that virtually sealed it from meaningful constitutional scrutiny before the election. These circumstances demand scrutiny. The prospect arises that governments could pass unconstitutional laws immediately prior to an election and leave affected citizens with no remedy. The state could effectively place its election legislation beyond constitutional scrutiny by virtue of when that legislation is enacted. I note that the situation here is unlike that in Gould, supra, where the impugned provision had been in force for years but was challenged only on the eve of an election.







30 Another compelling factor is that the judge who handled the application for an interlocutory injunction knew the case; he had recently presided over a two-week trial in which the constitutionality of the legislation was debated in great detail. That fact distinguishes this case from Gould, supra, where the judge who granted the injunction had not heard arguments on the constitutionality of the provisions governing prisoners’ voting rights. The fact that the same judge heard both the trial and the application for an injunction here argues in favour of considerable deference to his decision.











31 Finally, there is the nature of the constitutional challenge at issue. The speech that is limited here is political expression. It is the epitome of speech that furthers the aspirations of a democratic society. That expression would be limited at its most important moment, during an election, while the Attorney General offers no evidence that the injunction would cause harm.







32 The majority, at para. 7, accepts the Attorney General’s submission that an injunction “effectively grants [Mr. Harper] the final relief that he seeks in the trial still under way”. I do not, because the “final” question is the constitutionality of the legislation, and that question cannot be answered in these interlocutory proceedings. In any event, it could equally be said that staying the injunction gives the government the final relief it is most concerned about. That argument cuts both ways and does not get us far.







33 This Court, as Professor Roach points out in Constitutional Remedies in Canada (loose-leaf ed.), at p. 7-7, has “clearly rejected reliance on a presumption that legislation is constitutional in deciding interlocutory applications”. In Metropolitan Stores, supra, at p. 124, Beetz J. held that “the presumption of constitutional validity . . . is not compatible with the innovative and evolutive character of [the Charter]”. It could be said that the majority improperly veers toward an automatic presumption of constitutionality.







34 In RJR–MacDonald, at pp. 333-34, Sopinka and Cory JJ. considered the factors that must govern the balancing process:







On one hand, courts must be sensitive to and cautious of making rulings which deprive legislation enacted by elected officials of its effect.











On the other hand, the Charter charges the courts with the responsibility of safeguarding fundamental rights. For the courts to insist rigidly that all legislation be enforced to the letter until the moment that it is struck down as unconstitutional might in some instances be to condone the most blatant violation of Charter rights. Such a practice would undermine the spirit and purpose of the Charter and might encourage a government to prolong unduly final resolution of the dispute.







I find those words apt. I would deny the application for a stay.







Motion granted, Major J. dissenting.







Solicitor for the applicant: The Deputy Attorney General of Canada, Ottawa.







Solicitors for the respondent: Gowling Lafleur Henderson, Calgary.



Tuesday, March 6, 2012

This is a list of major political scandals in Canada:

This is a list of major political scandals in Canada:




Contents [hide]

1 Federal

2 Alberta

3 British Columbia

4 New Brunswick

5 Ontario

6 Nova Scotia

7 Quebec

8 Saskatchewan

9 References

10 External links





 FederalPacific Scandal - allegations of bribes being taken by the government of Sir John A. Macdonald (1870s)

Scandal in the Department of Customs and Excise that led to the King-Byng Affair, 1926

Munsinger Affair - Canada's first national political sex scandal (1960s)

Tunagate - tainted tuna (1985)

Grant Bristow - Canadian Security Intelligence Service infiltration of Reform Party of Canada and covert founding of Heritage Front

Airbus affair - 1995 - Prime Minister Brian Mulroney was implicated in a kickback scheme to purchase Airbus planes for Air Canada

APEC Inquiry - 1997 - Royal Canadian Mounted Police conduct at the APEC summit in Vancouver.

Shawinigate - 1999 - An alleged conflict of interest lobbying effort by Prime Minister Jean Chrétien.

Sponsorship scandal - 2004 - misuse and misdirection of funds disbursed through the Liberal government's 1990s sponsorship program. Investigated by the Gomery Commission.

Shoe Store Project - 2007 - Prime Minister's Office under Stephen Harper plans $2M, government-controlled media centre to replace current National Press Theatre (which is run by press gallery staff, instead of those from the PMO).[1]

Julie Couillard scandal - 2007 - Conservative Foreign Minister Maxime Bernier resigned after leaving sensitive NATO documents in the home of Julie Couillard, an ex-girlfriend with links to the Hells Angels biker gang.

In and Out scandal - 2007 - alleged circumvention of election finance rules by the Conservatives in the 2006 election campaign.

Robocall scandal - 2012 - Allegations of whitespread voter fraud occuring during the 2011 Canadian federal election. Robotic and live calls to voters are claimed to have been made in 38 ridings. Currently under investigation by the RCMP and Elections Canada.

The ETS Scandal - An ongoing Canadian political scandal involving alleged wrongdoing by Canadian government officials in the award of a $400-million information technology services contract and allegations of political interference in the ensuing cover-up.

[edit] AlbertaAlberta and Great Waterways Railway scandal - a 1910 scandal that resulted in the resignation of the government of Alexander Cameron Rutherford

Sexual Sterilization Act of Alberta - a 1928 law that resulted in close to 3,000 young people being classified as "mentally unfit" and without their knowledge or consent were sterilized to prevent them from breeding their "bad blood."

John Brownlee sex scandal - John Edward Brownlee, Premier of Alberta, sued for seduction of a young woman and found guilty (early 1930s)

Dar Heatherington - forced to resign from Lethbridge city council in 2004 after being convicted of public mischief.

[edit] British ColumbiaSommers Affair - influence peddling and abuse of privilege on timber licenses by Forest Minister

Driver's Licensing Scandal - widespread bribery of license examiners by new Canadians and their translators

Gracie's Finger - Gerrymandering in Vancouver-Little Mountain

Lillooet Cattle Trail - cost overruns, poor design and other scandalous aspects on most expensive provincial infrastructure project in 19th Century BC

Solidarity Crisis - crisis was launched by Premier Bennett overstaying his mandate, triggering a constitutional crisis

Fantasy Gardens (Social Credit Party) - improper sale of property and influence-peddling by Premier Bill Vander Zalm, in connection with Asian gambling lord Tan Yu

Stephen Rogers (Social Credit Party) - resigns as environment minister after a conflict of interest due to owning shares in a company[2]

Cliff Michael (Social Credit Party) - resigns from cabinet due to conflict of interest over the sale of some land[2]

Reid affair (Social Credit Party) - Bill Reid forced to resign after a report showed that he was diverting lottery funds into a company owned by his former campaign manager

Bud Smith resigns after tapes and transcripts of him talking disparagingly about a lawyer hired by the oppsition NDP to investigate the Reid Affair

Robin Blencoe - (NDP) - allegations of harassing an office employee [2]

Phil Gaglardi (Social Credit Party) - improper use of expenses

British Columbia Resources Investment Corporation (BCRIC or "Brick") (Social Credit Party) - public boondoggle involving publicly-distributed and soon-worthless shares of former Crown Corporation

Bingogate - New Democratic Party of British Columbia - skimming of charity funds (1990s)

Doman Scandal - (Social Credit Party) - insider trading; Premier Bill Bennett indicted but acquitted

Coquihalla Highway - (Social Credit Party) - cost overruns and graft

Casinogate - New Democratic Party - Premier Glen Clark was charged but acquitted of breach of trust in connection with his official duties.[3] Collusion between Global television and the RCMP in trying to incriminate Clark is alleged by many commentators.

FastCat Fiasco (aka "Ferrygate" or simply "the Fast Ferries") - 1990s construction of a fleet of high speed ferry vessels that ended up being massively over-budget and actually slower than existing ferries

Gordon Wilson-Judy Tyabji Affair (British Columbia Liberal Party) - semi-secret romance between the Opposition Leader and his House Whip leads to their downfall

BC Legislature Raids ("Railgate") (BC Liberal Party) - raids on offices of senior political aides in the legislature connected to everything from marijuana grow-ops to questions connected with the sale of BC Rail to Canadian National.

Gordon Campbell (BC Premier, arrested in Hawaii for DUI) (Liberals). Also implicated in Railgate (see previous).

[edit] New BrunswickKarl Toft - serial pedophile molested over 200 boys while an employee in charge at the government run Kingsclear Youth Training Centre between the mid 1960s and the mid 1980s

Richard Hatfield - premier charged with possession of marijuana in 1984

OntarioOntario Bond Scandal - United Farmers of Ontario (early 1920s)

Patti Starr scandal in the late 1980s - illegal use of charitable funds for political campaigns donations

Ipperwash Crisis - incident involving the shooting death of Dudley George, an unarmed Native activist, by an Ontario Provincial Police officer in 1995

Kimberly Rogers - After a disputed welfare fraud conviction, Rogers committed suicide in her Sudbury apartment while under house arrest in 2001, leading to extensive controversy around the Mike Harris government's 1996 welfare reforms, as well as an inquest which made several still-unimplemented recommendations for changes to the system.

Toronto Computer Leasing Inquiry - judicial inquiry into improper computer leasing contracts made by Toronto's municipal government in 1999

Walkerton water scandal in the year 2000

Toronto Police Drug Scandal - multiple scandals broke out in early 2004, as a result of internal affairs and RCMP investigations. Allegations of the sale of narcotics, fake search warrants, raid tip-offs and mob gambling debts involved many dozens of Toronto police officers, including former chief William J. McCormack's son, Michael, who was eventually brought up on 23 charges. As a result of the scandal, the plainclothes downtown unit which many of the charged officers worked out of was disbanded. The court cases relating to these charges continue.

 Nova ScotiaThe Thornhill Affair - involved Roland Thornhill, who resigned as Deputy Premier in the 1990s after allegations dealing with a debt settlement from 1980 was brought into question.

The Billy Joe MacLean Affair(The BJM Affair) - MLA Billy Joe MacLean was expelled from the Assembly after Premier John Buchanan's Progressive Conservative government introduced legislation prohibiting anyone from sitting in the assembly who had been indicted by the courts. MacLean pleaded guilty to four counts of submitting forged documents - went to the Supreme Court of Nova Scotia, which upheld Macleans expulsion, but declared the law that prohibited him from running as a candidate to be unconstitutional - MacLean ran for and re-entered the legislature in 1993.[4]

 QuebecDuplessis Orphans of 1940s through 1960s - Maurice Duplessis government and the Roman Catholic Church.

[edit] SaskatchewanProgressive Conservative Party of Saskatchewan scandals - Scandals that emerged in the 1990s involving Grant Devine's Progressive Conservative government implicating 16 MLAs, with the chief conviction that of Deputy Premier Eric Berntson in 1999.

Colin Thatcher

 References1.^ PM plans own media centre, Toronto Star, Oct. 15, 2007.

2.^ a b Justine Hunter (1991-09-24). "Scandal, retirement take toll on politicians seeking re-election". the Vancouver Sun. p. B7.

3.^ BC Supreme Court "Reasons for Judgment"

4.^ [1] Canadian Parliamentary Review, "The Legislature, Charter and Billy Joe MacLean"

[edit] External linkscbc.ca Top 10 Canadian Corruption Scandals

cbc.ca Scandals, Boondoggles and White Elephants

Friday, March 2, 2012

How do I file a complaint about an alleged violation of the Canada Elections Act?

How do I file a complaint about an alleged violation of the Canada Elections Act?


If you have information about an offence that you believe was committed under the Canada Elections Act, please send it to the Office of the Commissioner of Canada Elections:



Commissioner of Canada Elections

c/o Elections Canada

257 Slater Street

Ottawa, Ontario

K1A 0M6

Fax: 1-800-663-4908

E-mail: commissionersoffice@elections.ca



To respond to complaints about alleged offences, the Commissioner requires the following minimum information:



1.Your name, mailing address, telephone number, e-mail address and fax number (if applicable).

If you are submitting the complaint on behalf of another person or organization, please also include the name of that person or organization (the complainant) and their contact information (mailing address, telephone number, e-mail address and fax number, if applicable).



2.A factual description of the events, circumstances or actions that you believe gave rise to the alleged offence.

Please include any specific dates, places or documents that you believe are relevant. This information will enable the Commissioner to assess your complaint; without it, assessment of your complaint may be delayed.



3.If you know it, the section of the Canada Elections Act related to your complaint, or the nature of the alleged offence.

The Commissioner must receive a complaint about an alleged offence within 10 years of the offence being committed. Keep in mind that the passage of time may significantly affect the Commissioner's ability to deal with a complaint.



If you have a complaint about how an election was conducted but you do not believe it is an offence, please send it to the Chief Electoral Officer (see below).








--------------------------------------------------------------------------------



How do I file a complaint or comment about the conduct of a federal election?

To provide feedback on an election worker or on how a federal election was run, or to file a formal complaint, please contact the Chief Electoral Officer using this e-mail form or write to:



Chief Electoral Officer of Canada

Elections Canada

257 Slater Street

Ottawa, Ontario

K1A 0M6



The Chief Electoral Officer handles complaints that are not believed to be violations of the Canada Elections Act. To report an alleged violation of the Canada Elections Act, please contact the Office of the Commissioner of Canada Elections (details above).