A Federal Court of Appeal judgment upholds rights for cross-border travelers subject to searches for unreported cash. The Court ruled an obscure provision of federal law permits lawful citizens to walk away from intrusive questioning: “We as Canadians are rightfully uncomfortable with any Act that forces you to answer questions.”
Library & Archives Canada is budgeting $1.58 million to collect and preserve the personal papers of former prime minister Stephen Harper. The agency yesterday did not comment on the acquisition, rated less costly than records from Harper’s predecessor: “Documents deemed to have national importance are those that bear witness to the Canadian experience.”
Bank of Canada research suggests consumers use credit cards for small purchases simply to avoid pocket change. The “burden of holding coins on consumers” cannot be understated, said a Bank study: “We model consumers who dislike carrying a thick or heavy wallet.”
Canadians are wary of higher energy costs, says in-house research by the Department of Natural Resources. This year’s national carbon tax will add up to 12¢ a litre to the price of gas: “Climate change was not a top of mind concern.”
A University of Ottawa law professor in a confidential email advocated punishment of digital media that enforce copyright. Professor Michael Geist, Canada Research Chair in internet law, refused questions on his correspondence obtained under Ontario’s Freedom Of Information Act. His remarks targeted Blacklock’s.
“I’m going to decline your request for an interview,” said Geist when asked for comment.
In a November 10, 2015 email to staff, Geist wrote the University should retaliate against Blacklock’s after the company won a $13,470 copyright judgment with a third party. “This decision makes no sense and hopefully will be appealed,” wrote Geist.
Ontario Small Claims Court ordered an Ottawa lobbyist to pay punitive damages for knowingly copying Blacklock’s works without payment or permission. The defendant did not appeal. Geist called it a “crazy copyright case” and suggested reprisal.
Using a personal email address, Geist wrote: “The University is currently a subscriber. I read the occasional article, but I must admit that I think we should cancel the service. Rewarding companies like this ultimately supports undermining fair copyright in Canada.”
In a series of confidential emails, librarians described Blacklock’s as “nasty” and “unethical” and promptly flagged the publication for cancellation at Geist’s request. Nearly half the University records obtained under Freedom Of Information, 25 of 51 pages of emails, were redacted.
Geist did not repeat his confidential remarks in public. In a February 8, 2016 Toronto Star commentary he promoted Blacklock’s and others as “specialty digital publications” representing “new voices” in Canadian media. “The work of journalists at these publications, along with niche print sources and experts who blog or write independently, offers the chance to reach different audiences and to cover specialized issues in greater depth,” wrote Geist.
The Professor made identical public remarks in testimony to the Commons heritage committee on October 6, 2016 without repeating his “crazy copyright” allegations.
“A Nasty Business, For Sure”
“Michael, thanks for this,” University Librarian Leslie Weir wrote Geist in reply to his “crazy copyright” email. “The decision definitely makes no sense and should be appealed”; “Blacklock’s was on my radar,” wrote Weir.
Documents show library staff on April 14, 2016 rated Blacklock’s as “definitely a candidate for cancellation” following Geist’s complaint. The University did not renew its three-year licensing agreement with Blacklock’s in 2017.
“This is not a vendor whom one can have a reasonable discussions with,” wrote then-Associate Librarian Tony Horava; “It is a nasty business, for sure.”
Freedom Of Information records indicate University staff struggled with a plausible explanation for cancelling Blacklock’s and issued contradictory statements, even on the same day. In a March 8, 2017 email Librarian Weir wrote a colleague, “We probably should have a heads-up that the cancellation was going ahead and prepared a message for responding to any concerns raised.”
That day at 4:13 pm Weir wrote in a confidential staff email: “Blacklock’s is known for its unethical behaviour”:
At 4:32 pm that same afternoon Weir wrote Blacklock’s publisher: “It is regrettable that we have had to cancel Blacklock’s Reporter. I am not sure if you have been following the media on the situation with our collections budget at the University of Ottawa, but we have had to cancel $1.9 million in content over the past year.”
Library staff issued similar misleading statements to a faculty member who complained over Blacklock’s cancellation.
Prof. Ravi Malhotra of the University’s law faculty emailed the library, “I think it is a valuable service and if there is any chance to find $ (I realize it is hard), it would be nice to keep.” Margo Jeske, director of the University’s law library, replied: “Hi Ravi: thank you for your feedback about Blacklock’s. As you know, we have been facing budget cutbacks all year. As such, I have had to make hard decisions about what to cancel and what to renew.”
Librarian Weir did not respond to an interview request.
By Staff 
Cabinet will stop purchasing regular gas or diesel-powered autos effective April 1, according to a Treasury Board directive. All new chauffeured vehicles for ministers must be hybrids or plug-in electrics: “All new executive vehicle purchases will be zero emission.”
The Department of Fisheries in Access To Information memos considered public insurance for fish farmers. Lobbyists for aquaculture corporations complained of immediate risks after private insurers dropped coverage: “Companies in Atlantic Canada claim they may not be able to survive.”
The Canadian Human Rights Commission has dismissed a complaint of racial profiling by border guards due to lack of jurisdiction. The case involved a New York pensioner detained four hours after attempting to drive into Canada in 2016: “It’s not over.”
The Department of Finance in a confidential Access To Information memo says energy consumers in provinces without a legislated carbon tax will pay at least $600 million in higher fuel costs this year. Federal legislation mandating the tax nationwide is due this spring: “The impact on consumers and businesses will depend.”
Research for the Privy Council Office has uncovered a deep gloom among Canadians over wellbeing of the next generation. Staff in Access To Information memos expressed puzzlement over the data: “Why do Canadians say the previous generation had a better quality of life than they have?”
The Canadian Coast Guard is bracing for another federal audit on the state of oil spill preparedness. The Commissioner of the Environment is to publish a report this fall, the third performance audit of its kind in eight years: “We are in charge.”
Two Canadian brewers are in a Federal Court trademark battle over the right to sell a nice cool beer. Trademark disputes between breweries are commonplace: “We need to bring these claims forward.”
We wish you a happy New Year. Blacklock’s pauses this week for our annual holiday break and will return January 2 — The Editor
Warmest wishes to friends and subscribers for a safe and happy holiday. Blacklock’s reporters, contributors and shareholders bid you the best of the Christmas season — The Editor
A Privy Council think tank in a sardonic notice says Santa has fled the North Pole as a climate change refugee. One MP described the mocking write-up as unfunny.
“It’s more like an April Fool’s joke,” said MP John Brassard (Barrie-Innisfil, Ont.), Deputy Conservative Whip. “It’s not even funny. To be frank, it is a bizarre statement to put out there.”
The Policy Horizons think tank in a notice Santa Is Moving To The South Pole wrote, “Thanks to rising global temperatures, rapidly melting Arctic ice and growing human operations in the North, Santa Claus has signed an agreement with the international community to relocate his village next year to operate in an exclusive zone in the South Pole.”
“Santa’s relocation agreement marks the first time the international community agrees on a common legal definition of climate change that includes refugees as corporations, as well as individuals,” the notice continued. “This deal is expected to lead to the deployment of a global climate change refugee visa system that in the near future could help to more easily relocate individuals and corporations facing the impacts of climate change.”
Policy Horizons staff yesterday did not comment. The notice was unsigned.
“If people who work there have nothing better to do than this, maybe they could be seconded to help fix the Phoenix pay system,” said MP Brassard. “That way their fellow employees can at least have gifts from Santa for their kids under the tree.”
The same federal agency in a 2016 paper Canada 2030: Scan Of Emerging Issues – Sustainability predicted the nation could become a preferred destination for climate change refugees fleeing catastrophic weather events. “Canada has the opportunity to become a preferred destination for climate refugees as well as companies trying to reduce their supply chain exposure to the risks of climate change,” said the report. “Canada may also have an opportunity to become an important producer of water intensive goods in the future.”
“Extreme drought, rising food insecurity and water scarcity in some regions of the world may have important impacts over the next 10 to 15 years including regional conflicts, spread of disease and viruses, and rising commodity prices” said Emerging Issues; “Even companies are evaluating their exposure to the rise in extreme weather events and are searching for climate-proof regions for their production facilities.”
Isabelle Perrault, spokesperson for Policy Horizons Canada, earlier said the paper was intended as “exploratory”. “We have not explored the types of economic opportunities that could be harnessed from climate refugees that come to Canada, so unfortunately cannot comment on that at this stage,” said Perrault.
“Our purpose is not to predict the future but to identify emerging issues,” said Perrault, adding the document “does not necessarily represent the views of the Government of Canada.”
By Jason Unrau
