Reboot Alberta

Tuesday, May 19, 2009

Are You Ready for Reverse Globalization?

Nice to see the Globe and Mail giving some space to Jeff Rubin and he new book. I posted on Jeff's new book a few days ago. He is predicting oil at $200+ and is a believer in peak oil theory.


He is also forecasting the reversal of globalization as a result of higher oil prices driving up transportation and other costs. That is an interesting prospect. A highly connected world in terms of technology, politics and the environment but less in terms of trade. China and U.S. relations will be an interesting case study for all kinds of reasons if this reverse globalization happens.


This could mean more focus and growth in local production especially in items like food. Thanks to Michelle Obama there is a vegetable garden on part of the White House lawn that has spawned a return to backyard and community gardens. This may be the early weak signals signs of another enormous economic shift.


It will be all good for Alberta if we get busy and plan for it now and not merely react late in the game as has been the case in the past.

Monday, May 18, 2009

Does Bill 44 Opting Out Provisions Make You Proud to be an Albertan?

Are you still proud to be an Albertan? For me that is the core values question coming out of Bill 44 - Alberta's Human Rights Act and section 11.1 parental opting out amendments. Parents are given a legal rights and remedies to have advanced notice so they can exempt their children if topics of religion, sexuality and sexual orientation happen in the classroom. It is impossible to tell when and how such topics may come up in a classroom discussion - especially if you what to foster curious and thinking students.

Aiding and abetting such institutionalized ignorance and encouraging it to be embedded in our pluralistic public education system is bad politics and is even worse governance. It begs the question: "Are you still proud to be an Albertan?"

These proposed parental exemptions are too broad and extremely offensive to Albertan core values of equality, fairness, inclusiveness and respect. It has been over a decade since the Alberta government took the decision on discrimination based on sexual orientation to the Supreme Court of Canada - and lost. It was the nationally embarrassing Vriend case.

Bill 44 takes the bold step of making a virtue out of the necessity that requires Alberta to finally follow the law of the land and incorporate protection from discrimination based on sexual orientation in our provincial human rights legislation. It is the right thing to do but it is not something to be proud about given it took us over 10 years to do the right thing. Does that long a delay in doing the right thing make you proud to be an Albertan?


Next thing we do is undermine our good intentions of being accepting, inclusive and respectful of different sexual orientations. We do this by passing another amendment in the very same Bill 44 saying that if there are educational materials and classroom discussions about sexual orientation, the public education system has to give notice to parents so they can exempt their child. Beyond being impossible to enforce it will allow reactionaries to victimize teachers and perhaps school trustees and administrators. Why on earth would we want such a law in our public education system in the first place? Does that possibility make you proud to be an Albertan?

The government's political talking points we are supposed to swallow is that section 11.1 says it only applies when subject matter is "explicitly with religion, sexuality or sexual orientation." Black's Law Dictionary defines explicit as "Not obscure or ambiguous, having no disguised meaning or reservation." The Oxford Canadian Dictionary defines explicit to include being "definite, clear, expressing views unreservedly; outspoken." So how do you define and determine explicit when as the amendment says in"...courses of study...include subject-matter that deals explicitly with religion, sexuality or sexual orientation"? Is the innuendo, metaphor and inference in Shakespeare's plays and sonnets, or in Pope's "The Rape of the Lock"explicit enough to offend the proposed law? I'm betting we are going to find out if this law is passed.

Will teachers feel a chill, avoid subject content and stifle classroom discussions that could provide teachable moments and serve to overcome ignorance and intolerance for fear of being a test case? You bet they will, and who can blame them. How does this deplorable proposal improve public education and better prepare our youth for the interdependent globalized complex world they are inheriting? Does that consequent decline in the quality of public education make you proud to be an Albertan?

Every incident that turns into a complaint to the Human Rights Commission will turn on its own facts on a case by case basis. The government may think their new law is very clear but facts will not be clear. They never are. Nor will the matter be settled easily. The evidence surrounding an alleged breach of the law will undoubtedly have to come from other students in the class who will most likely be the only other witnesses to the alleged breach. How inappropriate is that? Having children testify in a legal process against their teacher, now that has to make you proud to be an Albertan.

You can rest assured that an aggrieved and offended parent who takes offence at some alleged explicit and offensive event in a classroom, somewhere sometime soon in Alberta, can find the ways and means to file and push a human rights complaint against a teacher If they are pursuing a complaint as a matter of "principle" it will not likely settle in advance through mediation and it will then go to a Human Rights Tribunal. If the principled parent is unsatisfied at the Tribunal stage, they can go on to appeal the Tribunal decision to the Courts. Why can this happen, because that is the law already extant in Alberta. What Bill 44 is doing is providing this kind of legal process to parents who wish to pursue it for political purposes as much as anything else. That is a new power afforded to them by the proposed opting out amendment in Bill 44.

This amendment serves no necessary educational purpose nor does it enhance any enlightened greater public good. The School Act and current government policy already allows for notice and exemption from "religious instruction and patriotic instruction" and matters of teaching sexuality. It has worked well for over 20 years and does not need fixing. Does the fact that we are ignoring that success and allowing teachers and trustees to be victimized make you proud to be an Albertan?

What is our government thinking? They are not only allowing this to happen but actively promoting it politically! Is this willful blindness to the consequences of normalizing and institutionalizing ignorance that is inherent in the proposed law? How can such a maladaptive view of progress be promulgated by our government? How can Albertans accept it when it demonstrates such an obvious indifference to social justice and Charter Rights that are at the core of our citizenship?

Why do our legislators have such a naive and misplaced trust that there will be no consequences in passing such a law? Are they that gullible to think human rights legislation is merely "symbolic"? If they are right that it is only "symbolic," then why pass it as a law at all. Leave it the realm of personal conviction and preference. Leave it alone and stay with current government policy. Why create new legal remedies for those who may take offense and invoke these new legal remedies and rights for no other reason than to test their legal limits. This attitude has already been expressed by the Calgary-based Canada Family Action Coalition who are quoted to believe the new parental rights being granted in Bill 44 "can be more widely interpreted" and "...it's up to the parent to make (the legislation) as broad or as narrow and they want." Does that possibility of Bill 44 being a test case over legalizing institutionalized ignorance in our public education system make you proud to be an Albertan?

Institutionalizing such ignorance and intolerance in our public education system is reprehensible. Ignorance is the adversary here, not people of faith. I define ignorance as the absence of that which if learned that would be helpful to know. It is mostly by a default to ignorance that leads me to believe that certain of our democratically elected representatives in our government are obviously fearing change and diversity. They appear to be looking for a quick internal partisan and parochial political fix that is a solution looking for a problem by allowing these opting out provisions. In the process they are sacrificing teachers, school trustees, children and obviously scapegoating gays and lesbians. Are you still proud to be an Albertan?

I have to weep at the political posturing that is going on and trying to reassure us that all of this is merely "symbolic" and changes nothing. If that were true then why change it in the first place. Human Rights laws are not symbolic. They create, clarify and assert rights and protections as a matter of law. Passing a law that makes the Bull Trout the "Official Fish" of Alberta is symbolic. Bill 44 is amending the Alberta Human Rights Act. That is not even close to being classified as "symbolic." To hear that our Human Rights laws in Alberta are being reduced to mere symbolism must make you proud to be an Albertan.

Invoking such an intolerable and invidious amendment into Alberta's Human Rights Act exposes an underdeveloped understanding and appreciation for Albertan and Canadian values. Persisting in being tone deaf to the dissonance it is causing is pure authoritarianism. It is disrespectful of Albertans intelligence and also disrespects other social virtues like compassion, empathy, inclusion, diversity and justice. Considering how this is being handled politically, doesn't that make you proud to be an Albertan?

It was Edmund Burke who said "All that is necessary for the triumph of evil is that good men do nothing." And for my fellow like-minded Albertans, Burke also said, "Never despair; but if you do, work on in despair." I post this and past blogs about the shortcomings of Bill 44 in the spirit of Edmund Burke's advice.

I encourage you to resist and protest this proposed opting out provisions in the "new" Alberta Human Rights Act. This is the week to email and call your MLA and tell them to pull section 11.1 out of Bill 44. Your MLA is home in the constituency this week so take the time to find them and tell them to stop this unnecessary and destructive amendment. Restore your pride in being Albertan and stop this unnecessary and divisive opting out amendment from becoming law.

Sunday, May 17, 2009

Brouhahas, Bungling, Banter and Buzz Befuddle the Alberta Government

There is a bunch of buzz out there about the Stelmach government, where they are going and how they are doing. I recently did a backgrounder interview with a daily newspaper reporter on the issue of how transparency has been changing - deteriorating - in the Stelmach government. I have also written a paper for a client on governance in Alberta that will be released in late May or early June.

There is a power shift happening in what forms public opinion these days. That power to form and inform public opinion is devolving to citizens who are actively engaging in conversations on matters of concern on the Internet, primarily through social media. This is generating buzz about the performance and positions being taken by the Stelmach government on a variety of issues and events. It is pretty obvious the traditionalists in government communications are unnerved by all this goings on becasue they have not come to accept that they can't control the message and provide the meaning behind the message anymore. The world has changed.

Now with the hasty departure of the Deputy Premier Ron Stevens, speculation and buzz will build. Part of the ongoing and online buzz is caused by past events like the Northumberland Beach brouhaha.

Here is a blog post by fusedlogic that gives some context and content as to why the online buzz about our government's performance and positioning is building. I will have more comments later but thought this link to blogger fusedlogic is worth a read.

Jeff Rubin's New Book Will be a Warning and a Wakeup Call for Albertans

Economics Jeff Rubins left the CIBC last March and has written a book to be released in a week or so. Entitled "Why Your World is About to Get a Whole Lot Smaller." It is as a consequence of peak oil that he says will drive prices up over $200 a barrel in 2012 and the "inevitable carbon tax" resulting in "very high transportation costs" which will "throw the machinery of globalization into reverse."

This is good and bad news for Alberta. We are using taxpayer dollars and foregone royalties to subsidize conventional oil and gas exploration in the face of mature basins which means diminishing supplies but at high development costs.

We will have renewed and accelerated pressures once again on oil sands development, upgrading, pipelines. Plus we will have more public infrastructure needs to meet the growth demands on us due to the energy shortfall from facts or fears of peak oil happening around the world.

Alberta needs to get real and responsible about planning and preparing for all of this now and not wait for the next boom to mess us up like the last two have done. Part of proper preparation is for our government to stop giving the resources away to energy companies by subsidies and ridiculously low royalty rates. Also start collecting and accounting for the cash Albertans are owed instead of letting the tenants defer and delay payment without penalty.

While we are at it, we better insist on constant updating of new technology for environmental reasons. Lets not grant any new leases to any companies who are laggards in reclamation of old sites, roads and seismic lines. If you have old ignored well sites, put your people to work to clean them up and reclaim them as is your legal responsibility and central to your social license duty. I am talking real reclamation back to forest with tree replanting for habitat restoration, not just a bit of grass seed scattered on the ground and forget it.

We have to break the back of the default mindset that says the energy industry in Alberta are the de facto governors who run the province and not our elected and somewhat insipid politicians. The energy industry has become Alberta's sacred economic cow. It can wander at will in the marketplace without concern or consideration for the damaged they do nor for the long term well being for rest of us.

In all fairness, some of the oil sands operators are getting it and show a growing concern for deserving their social license to operate. That is partly because they have large site specific capital investments so they have to be good neighbours, not just passing through the neighbourhood like the conventional exploration companies. Oil sands operators are miners, not drillers. They take a long term more integrated view of the impact and implications of what they do with land, water, air, habitat and local cultures. They are starting to behave more like a quality forestry companies. Foresters have a long term reclamation and restoration corporate culture. This partly because they are operating in a renewable resource sector but they have lots to teach the energy sector about good corporate social responsibility.

Albertans have to get serious, start acting like the resource owners and insist the energy industry be more responsible as our tenants who we grant access to exploit our assets for a fair mutual benefit.

If Jeff Rubins is right about the economic and social impacts coming due to peak oil, Alberta is going to be saddled once again with a blessing and a burden of a boom. If we Albertans, as owners, truly want ecological integrity and sustainability in the development of our fossil fuel natural resources we have to get overt and active now. We have to show, in no uncertain terms, both the energy industry and our politicians, that lax enforcement of environmental laws and a lazy tax collection culture plus the past predatory operational practices in the energy sector are no longer going to be tolerated. It is time for Alberta to develop its fossil fuel resources the right way, not just rapidly.

Saturday, May 16, 2009

ATA Brief on Bill #44 Exposes its Flaws

Here is the Alberta Teachers Association brief on Bill 44. It clarifies and outlines the practical problems for teachers from the offensive section 11.1. Thoise are the expanded and extended parental opting out provisions centred around religion, sexuality and sexual orientation being brought up in an Alberta classroom.

It is a well thought out brief and I agree with every thing in it. Full disclosure, I have done work for the ATA but I am not advising them on Bill 44.

I have read Hansard on the second reading debates on Bill 44. I am impressed by the grasp Liberals Harry Chase and Kent Hehr have on the issues and the implications. Education Minister Dave Hancock is clear in his analysis but I remain unconvinced that this legislation is necessary nor well advised for any reason whatsoever. I expect Hancock would rather see the deletion of section 11.1 but he is stuck defending it as a Cabinet Minister. I encourage you to read Minister Hancock's blog posts on Bill 44 as well.

Exposing teachers and quite possibly school trustees to expensive and intimidating potential legal processing before a Human Rights Tribunal by zealots and reactionaries is not dispelled by Ministers Hancock and Blackett expressing their personal beliefs that such situations would be unlikely to happen. The way Bill 44 reads now, there is an entitlement for a parent to file a complaint with the Human Rights Commission and seek redress before a Tribunal. Once a legal process starts, no one can predict what will happen, other than to say it will proceed and take its course. Precious little solice for the teaching profession and the poor teachers who will have to defend themselves in such circumstances.

Current policy has worked well for years and there is no sound public policy reason to change things. That makes one wonder why this provision is appearing in a government Bill other than bad politics is trumping good government. The additional opting out provisions provided in Bill 44 are not the same as in the School Act, regardless of how the Stelmach government tries to flog that mischaracterization. As for being symbolic, these changes are sure symbolic, but not of a satisfactory status quo and definitely not of the progressive plural and inclusive society that most Albertans aspire to.

As for Minister Blackett saying in recent media reports that it is too late to change the Bill. Horsefeathers. It is far from too late. I worked on an exemption for the nonprofit voluntary sector from the provisions of the Lobbyist Act last session. That exemption came out of the Bill by way a government member proposing the exemption by an amendment at third and final reading of the Bill. The amended Bill passed and the nonproft voluntary sector is exempt from the Lobbyist Act.

BTW, the government member who introduced the successful voluntary sector exemption amendment was the current Minister of Education, the Honourable Dave Hancock. It is not too late to withdraw the offensive section 11.1 of Bill 44 and failing that, it is obvious not to late to amend it either.

None of this will happen unless Albertans tell Premier Stelmach and all their local MLAs that they want Bill 44 changed so teachers can do their jobs appropriately and without fear. The Legislature is not sitting this week so your MLA is in the constituency. Drop by or drop them a note or an email and let them know you are unhappy with Bill 44 as it stands.