Thoughts about the by-elections

Repeating my bit from Macleans.ca, just for the record:

“Earthquake in Quebec.

“Stephane Dion fails his first electoral test as Liberal leader as the Grits lose a safe Quebec seat.

“Stephen Harper becomes the buffer against separatism in Quebec, a role traditionally attributed to the Liberals. Where dominoes fall in Quebec, vote-rich Ontario takes notice.

“The NDP picks up only their second seat in Quebec history. Does this represent a realignment on federalism in Quebec along the lines of left and right as we saw in the Quebec provincial election?”

Further to that point, Jack Layton’s leadership is secure for at least another two years. The man from Montreal promised to deliver seats in Quebec. He delivered one, but he’s got momentum. This Mulcair fellow may however be the MP that replaces Layton as leader.

From most accounts, Stephane Dion is a nice guy. From the couple of times we’ve crossed paths and from what I’ve been able to observe, the man is a class act. However, if what is being reported in Outremont is true and there’s a movement afoot to undermine his leadership, it’s time to either bring down the hammer Chretien/Martin-style, fade away or, or… something. Unfortunately for him, with party unity still a real issue, and no easy option presents itself. Before the ballots were even counted, the truth came out last night: in the Quebec by-elections, this nice guy finished “last”.

This certainly plays well for Stephen Harper and he is ahead on two majority elements today: Dion’s failing leadership and the redefinition of federalism in Quebec. While Quebeckers are rejecting Mr. Dion’s strong centralizing vision of the federation (even though he denied this characterization of Liberal federalism last night), nationals from la belle province are embracing Mr. Harper’s respect for regional identity and power. Further indication of this can be seen in the falling Bloc numbers. As I stated above, we may see a reconfiguration of Quebec politics along left and right rather than federalist/separatist as in the past. Progressive-minded Quebeckers that voted for the left-wing Bloc are realizing a real option in Jack Layton’s NDP, while the rest are electing to choose Conservative government MPs and a new respect for Quebec’s place in a united Canada. The end-game of this in the rest of Canada is of course to cut the ballot left and right, between the policy-principled NDP and Conservative parties, wedging the Liberals out.

And this is why we can’t have nice things

Google street view may be illegal

Canada’s privacy commissioner has been googling Google, and she’s raising concerns over the search engine’s new Street View web photo application.

Jennifer Stoddart says many of the street-level images Google is making available on the internet could break Canada’s privacy laws.

Street View isn’t yet available in Canada but has been expanding in the United States since being launched in May.

Stoddart has written to Google, and Calgary-based Immersive Media – which helped develop the imagery technology for Street View – asking both companies to respond to her concerns.

“I am concerned that, if the Street View application were deployed in Canada, it might not comply with our federal privacy legislation,” Stoddart says in a letter to David Drummond, Google’s senior vice-president of corporate development and chief legal officer.

In case you haven’t seen Google’s Street View, here it is. You can get a street-based view of many major US cities.

It’s a good thing that in Canada, we have a fantastic bureaucracy that protects us from… innovation.

The commissioner’s specific concern?

“Our Office considers images of individuals that are sufficiently clear to allow an individual to be identified to be personal information within the meaning of PIPEDA [the privacy act]”

I suppose they better shut down Flickr too. And… any newspaper or tv station that publishes or broadcasts images from public places.

This isn’t surveillance, these are single images.

Of course, this topic brings up a good debate. Do we consensually sacrifice an element of our privacy when we go out in public? I’ve presented my view. What’s yours?

Manufactured scandal

There is a faux controversy brewing in the media and among Liberal bloggers about Conservative ads that ran in the last election. As all parties do during elections, money was transfered between the national party and regional candidates. Conservatives ran their air war well and it was merely one piece of the strategy that paid off for the party that would form government after the contest on January 23rd 2006. Liberals allege that local campaigns funded “national” advertising and that the national campaign funded local ads which were national-like.

In the wake of this constructed controversy, Conservatives have responded by saying that “tag lines” in advertising attributed the ads to local candidates.

The Conservatives also claim that ads tag-lined with the names of local candidates ran locally. The Liberals, however, contest this local claim and also challenge the content of the ads and whether they are local in scope.

For all intents and purposes (but somehow is not approved under the Elections Act) a party could run 30 seconds of dead air and tag the ad to indicate that it was approved by the official agent for Jane or Joe Local, the Conservative/Liberal or NDP candidate. However, section 407 paragraph 1 of the Canada Elections Act states:

407. (1) An election expense includes any cost incurred, or non-monetary contribution received, by a registered party or a candidate, to the extent that the property or service for which the cost was incurred, or the non-monetary contribution received, is used to directly promote or oppose a registered party, its leader or a candidate during an election period.

Election expenses are incurred by local campaigns. Local campaigns bought local advertising to “promote or oppose a registered party, its leader or a candidate during an election period”. So, 30 seconds of dead air wouldn’t be allowed… but, a commercial promoting Stephen Harper and/or opposing Paul Martin is certainly allowed if it is paid for and tagged by the local campaign.

The Tories have kept their noses clean by purchasing separate ad buys for the national and local campaigns (national ads purchased by the national campaign and local ads purchased by the local candidates).

The Liberals may dispute the separate nature of the advertising purchases.

Here’s a signed letter from the advertising company commissioned by the Tories during the 2005/2006 writ period.

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Click to enlarge

In the letter, it states:

– Advertising buys for the national party were segregated from advertising buys for participating candidates. Retail Media was advised of which Conservative Candidates were interested in participating in additional regional media buys.
– Appropriate regional markets were identified for all participating candidates and specific media buys purchased in those markets.
– Appropriate tag lines were used in all advertisements identifying on whose behalf the advertisement was authorized.
– Appropriate invoices reflecting goods and services rendered were separately issued to participating Conservative Candidates and to the registered party based on the 4 segments identified.

and those 4 segments were:
– Media Buy – rest of Canada (excluding Quebec) – Registered Party
– Media Buy – Participating Candidates
– Media Buy – Quebec – Registered Party
– Media Buy – Quebec – Participating Candidates

So, the Conservative Party (national campaign) and the candidates (local campaign) were separately invoiced. It seems that all of the t’s were crossed and i’s dotted. Given that transfers of cash between local campaigns and the national campaign are perfectly legal, where’s the scandal here? Can somebody cite a section of statute or law that has been broken here?