Anthony Rota’s controversial ad

Why is it controversial? The ad was published in the North Bay Nugget on September 23rd, 2008 (during the writ period) and it doesn’t appear to contain the words “approved by the official agent for Anthony Rota”. If my eyes do not deceive me, this would be in contravention of s.320 and s.321 of the Elections Act.

Those sections are,

320. A candidate or registered party, or a person acting on their behalf, who causes election advertising to be conducted shall mention in or on the message that its transmission was authorized by the official agent of the candidate or by the registered agent of the party, as the case may be.

321. (1) No person shall knowingly conduct election advertising or cause it to be conducted using a means of transmission of the Government of Canada.

(2) For the purpose of subsection (1), a person includes a group within the meaning of Part 17.

This appears to be an ad authorized by Anthony Rota as an MP. If that’s the case, he’s advertising himself (he’s now a candidate) using his MP office.

UPDATE: Rota’s campaign explains that the ads were bought prior to the writ drop. According to them, this makes it legal. Since Rota couldn’t have known when the writ period was going to be, this is an understandable oversight. However, according to my reading of the law, the act is clear on these two sections. Rota should have cancelled the ads. I wouldn’t accuse Rota of cheating because of this. Instead, I’d chalk it up to an unfortunate coincidence that could be interpreted as a violation of the Act.

Elections Canada disagrees and claims that the content doesn’t appear to be election advertising. Then again, Elections Canada is quite a subjective arbiter on what constitutes election advertising and in who’s name elections advertising is done (MP/candidate and federal/local). I suppose the Prime Minister now has the green light to circumvent the spending limit by buying the back page of every single paper in the country (with taxpayer money, natch) to say “Hi, I’m the PM” and as long as he doesn’t say “Vote for me, I’m the PM”, it’s all good.

Cruikshank apologizes for Mallick column, recognizes CBC’s left-wing editorial bias

A mea culpa from CBC News publisher John Cruikshank concerning this column by Heather Mallick published on the CBC website.

In the column, Mallick calls American voters “white trash”, Republican men “sexual inadequates” and Sarah Palin a “hillbilly” among other slurs.

Here is Cruikshank’s letter (emphasis mine):

More than 300 people have taken the trouble this month to complain to the CBC ombudsman about a column we ran on CBCNews.ca about Republican vice-presidential candidate Sarah Palin on Sept. 5.

The column, by award-winning freelance writer Heather Mallick, was also pilloried by the National Post in Canada and by Fox News in the U.S. Despite its age — it is three weeks old, several lifetimes in web years — this posting remains a subject of fascination in the blogosphere.

Vince Carlin, the CBC ombudsman, has now issued his assessment of the Mallick column. He doesn’t fault her for riling readers by either the caustic nature of her tone or the polarizing nature of her opinion.

But he objects that many of her most savage assertions lack a basis in fact. And he is certainly correct.

Mallick’s column is a classic piece of political invective. It is viciously personal, grossly hyperbolic and intensely partisan.

And because it is all those things, this column should not have appeared on the CBCNews.ca site.

Healthy restraint
On the whole, the CBC News policy handbook takes a very anxious view of any mixing of opinion in with the news business. It sees the two as nitro and glycerin, innocuous on their own but explosive together. This is a very healthy restraint for a public broadcaster.

But every news organization needs to have an opinion dimension. Access to different viewpoints helps readers, listeners and viewers make reasoned choices, especially during an election campaign.

As a public broadcaster we have an added responsibility to provide an array of opinions and voices to complement our journalism. But we must do so carefully. And you should be able to trust us to provide you with work that’s based on solid reporting and free from the passionate excesses of partisanship.

We failed you in this case. And as a result we have put new editing procedures in place to ensure that in the future, work that is not appropriate for our platforms, will not appear. We are open to contentious reasoned argument but not to partisan attack. It’s a fine line.

Ombudsman Carlin makes another significant observation in his response to complainants: when it does choose to print opinion, CBCNews.ca displays a very narrow range on its pages.

In this, Carlin is also correct.

This, too, is being immediately addressed. CBCNews.ca will soon expand the diversity of voices and opinions and be home to a diverse group of writers with many perspectives. In this, we will better reflect the depth and texture of this country.

We erred in our editorial judgment. You told us in no uncertain terms. And we have learned from it.

Here was CBC ombudsman Vince Carlin’s assessment of the complaints that followed Mallick’s column,

The battle for second place

As we enter the third week of the federal election campaign, one cannot help but be struck by how early poll numbers suggesting a Conservative majority government have held. Nanos/CPAC numbers were fairly consistent over the past three days indicating an approximate fifteen point margin between the Conservatives and the Liberals. As one senior Liberal strategist told Sunmedia’s Greg Weston, “For us to make any significant gains would require that just about everything go terribly wrong for the Conservatives.”

We’re about to see the opening of a secondary race; the race for Stornoway is going to be of intense media focus. Consider this: the NDP has a greater chance of tieing or surpassing the Liberals than Liberal leader Stephane Dion has of challenging Stephen Harper for the lead. When we consider this truth, the narrative changes: this is no longer a race to replace the Prime Minister, this is a race to hold him to a minority. And, as NDP and Liberal numbers tighten up, there’s a new math problem for the left-wing collective calculator to solve. Indeed, pollster Angus-Reid yesterday showed results of a national tie between the Dippers and Grits with a larger sample size than usual and a margin of error of just 2.5%.

The New Democrats have always battled with the Liberals to be champions of the left, and now a new entrant – the Greens – are proving to be a serious challenge for Layton. In the past, we’ve seen the estranged Liberal family unite under the banner of the Think-Twice Coalition that usually includes folks like Buzz Hargrove, Maude Barlow, and Green Party leader Elizabeth May. Will we see an 11th hour alliance between Liberals and the Greens or will such a move sour the goodwill that May has built by making a case for her inclusion in the leader’s debate?

If the Tories play things responsibly and do some smart thinking – twice if need be – and refrain from being too eager to respond to each and every opportunity to put out some pushback, this race will focus on the territorial skirmish on the left. This week’s debate may just help Canadians break from the psychology of the Conservative-Liberal dichotomy and a solid performance from Jack Layton is important for this to happen. In fact, look for Stephen Harper to be a willing combatant against Layton when the NDP leader challenges him this Thursday. Harper and Layton will balance this by doing their best to dunk Dion with their respective right and left feet whenever he tries to get his head above water but we’ll see Elizabeth May come to his rescue in order to get some valuable stage time. Bloc leader Gilles Duceppe will just muddle the left-wing message by taking up yet another podium and will do well to underscore the divide between a calm and collected Harper and the jumbled, disjointed side-show to his left. Though Canadians have been impressed with Duceppe’s English language debate performances in the past and are familiar with the Bloc leader, having a separatist voice among the muddled and crowded opposition will just lead more Canadians to side with Harper. If Layton finds his voice with Harper’s help, a strong debate performance by the NDP, in concert with the surging of his party’s poll numbers and the darkness embracing the Liberals may change the media narrative (and Canadian psychology) to think of the NDP as the champion of the underdog left. It is doubtful that the media will then focus on Harper vs. Layton for the rest of the race. They will, however, treat the Dion-Layton-May contest as its own.

The combination of these factors will put the Liberals in crisis mode as their war-room, faced with a question of survival, not only electoral but institutional, debates on whether to spend the limit or bank the few dollars that come its way during the rare fundraising event that is a general election.

What hasn’t been discussed may in fact be the clincher for a Harper majority this election. With so many parties eating each other’s lunch on the left, that magic 40% threshold for a majority may in fact be old math. Jean Chretien, facing a fractured right won a 155 seat majority with 38.5% of the popular vote. The left has pushed for proportional representation in the past in order to buck unity of ideology for increased representation in Parliament. After October 14th, as May, Layton and whoever replaces Dion work over the new math they might come to realize that unity presents the only way forward. For now, the left battles itself with four divided voices and the prize is second place.