Archive for category Authorities' Accountabilities

Public Accountability Requirements In Provincial Contracts With the RCMP

Media portray accountability as a main issue in BC citizens’ lack of trust in the RCMP, and it is. But money accountability is not the most important issue. It is the performance standards to be met by RCMP officers on the ground . The BC Solicitor General, as the responsible Minister of the Crown, owes it to British Columbia citizens to have the terms of the contract include:

  1. the key performance standards that citizens are entitled to see met by the approximately 6000 RCMP officers who would act in BC
  2. the provision that the contract will be valid so long as the RCMP in BC accounts publicly, fully and fairly to the Legislative Assembly regularly on the discharge of its responsibilities under the contract, asserting whether its officers are meeting a standard of public explanation that BC citizens are entitled to see the RCMP meet

An arbitrary Ottawa time limit on contract negotiation doesn’t stand against the time needed to have the necessary public accountability terms central in the contract. The federal Opposition in the House of Commons can immediately take up the extension issue if necessary, since it is the opposition’s duty to effectively hold to account the federal executive government and its agencies. It is also to support all those who need and have the right to have adequate public explanation of the intended and actual conduct of contract police officers. Read the rest of this entry »

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At Election Time Vote for Accountability, Not Control by a Prime Minister

Op-ed in the Ottawa Hill Times March 28 2011.

In the recent BBC TV Doha debate on whether Wikileaks is helpful or harmful to society, a Qatar student rose to ask the debaters that included two Americans likely instructed by their State Department, “How can we trust a government if we don’t know what it’s planning?” Dead centre as a public accountability question, with a Qatar student leaving behind Canadians mired in ritual after-the-fact accountability.

In 1796 George Washington wrote to a friend, saying:

“I am sure the mass of Citizens in these United States mean well, and I firmly believe they will always act well, whenever they can obtain a right understanding of matters…..”

After two hundred years of inadequate government accounting worldwide, Dr. Ursula Franklin of the University of Toronto’s Massey College, whose insight into the workings of society are unmatched, made the point clear in her prestigious 1989 Massey Lectures:

“Whenever someone talks to you about the benefits and costs of a particular project don’t ask, ‘What benefits?’ Ask ‘whose benefits, and whose costs?’”

It took Dr. Franklin to show us the need to have government adequately explain before the fact. Answering the who question is central to the needed explanation. Dr. Franklin’s word “project” includes any intention of an authority that would affect citizens in important ways.

To make sensible decisions in their civic duty, legislators and citizens need full and fair public explanation of executive government intentions before the fact, at the time it is needed. This means government intention assertions of who is intended to have what outcomes and why they should, and who would bear what costs and risks, and why they should, in both the short and longer term. This allows sensible public challenge of government’s intentions and reasons. Public accounts and budget statements don’t help legislators decide from among alternatives, and performance audits after the fact don’t prevent intentions reasonably seen as running counter to the public good.

Set in the law, the requirement that all authorities produce full and fair public explanation of their intentions before the fact is likely the strongest single force for fairness in society.

It is a self-regulating influence on authorities because knowledgeable people and organizations will audit the fairness and completeness of the public assertions and make their assessment public. The result will likely raise or lower public trust in the authority, with loss of public trust meaning loss of power.

The standard of explanation needed by legislators and citizens requires the executive government to publicly explain, in what can be called an “equity statement,” each of its specific intentions that would affect the public in important ways:

  • Who would gain what benefits from what is proposed, and why they should, in both the short and longer term
  • Who would bear what costs and risks, and why they should, in both the short and longer term; and
  • Assuming the intention were to go ahead, who would be required to meet what standards of performance and public explanation in carrying out their responsibilities.

“Affect the public in important ways” is not vague. It is the equivalent of significance in published financial reporting.

Senior civil servants cannot claim that producing an equity statement for each major government intention is too costly: it requires no more information than the officials must have themselves to do their jobs properly. What they know, they can report.

Those opposing an apparent government intention can set out publicly their own equity statement for the intention, leaving legislators and citizens to judge which assessment is fairest.

This public explanation requirement cuts through ideology, spin and partisan ranting. The simple obligation to explain is unassailable, totally nonpartisan, and tells no one how to do their job. It is simply explanation. Citizens can then make their own decisions on the fairness of what the government intends.

Legislators and citizens alike will find this reporting structure and content reasonably complete and easy to understand. Knowing the intentions, they can then more sensibly and fairly decide their trust in the executive government’s ability and motivation.

Because public accountability is nonpartisan and not political policy, but is a society imperative if the society is to work properly, the Governor General can hold up signature of a Bill that doesn’t make clear who will publicly explain, how, for the discharge of important responsibilities assigned by the Bill.

For the same reason, it is open to auditors general, who stand outside the accountability relationship between the executive government and legislature but serve that relationship, to propose to the legislature that it require government to give before-the-fact public explanation for what it intends along the lines of what is proposed here as a standard.

Federally we have a litany of government intentions not meeting standards of public explanation before the fact that legislators and citizens have the right to see met. In BC, for example, we have a premier forced to resign over this issue, in the case of his executive government’s refusal to adequately and publicly explain its HST intention.

The refusal of an executive government to give full and fair public explanation before the fact is legitimately and in common sense the basis for a non-confidence motion.

Henry McCandless was a Principal in the Office of the Auditor General of Canada for two decades, author of the 2002 book A Citizen’s Guide to Public Accountability, and is General Convenor of the Citizens’ Circle for Accountability (www.accountabilitycircle.org).

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The Importance of the Governor General of Canada

On leaving office, one governor general told his successor that governors general have no authority and exercise only moral suasion to encourage things.  If this were true, the prime minister would have dictatorial power. Thankfully it isn’t true but it could be, if legislators allowed it.

In our parliamentary system the “executive government of and over Canada” is vested in the Crown, that is, the Queen. In Canada she is represented by her agents, who are either the Governor General federally, or in the provincial jurisdictions, lieutenant governors. They act on the advice of ministers of the Crown (i.e.cabinet ministers), but the Crown is nonpartisan and independent, and to become legislation an intention proposed as law requires their approval.

The late Governor General Roland Michener recounted his thorough awakening to his constitutional responsibility to a friend several years after the 1970 “October crisis.” Prime Minister Trudeau needed the Governor General’s approval for a Bill called the War Measures Act which would give the federal government greater legal power following the murder of a Quebec minister of the Crown by political terrorists. Governor General Michener recalled, “When Trudeau walked into my bedroom for my signature, I realized I was Commander in Chief of Canada.” How is that for  “no authority”? Is it offering only “moral suasion”? Read the rest of this entry »

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The Harper Government Intention to Make the Long Form Census Voluntary

A Toronto Globe and Mail article 30 June 2010 attributed to The Canadian Press was headed: “Don’t Count on Census Detail: Tories Scrub Mandatory Long Form.” The article stated “The move (to make the long form voluntary) is a response to protests from some Canadians who resented the personal questions in the long form.”

The article centered on the executive government’s portrayal of the policy change, citing objections from “some Canadians” — the source presumably being the Ministry who could cherry-pick. A StatsCan official said, “We do acknowledge that (in making responses voluntary) that we may not get the same level of detail as that of a census.”

Insiders speaking to the Canadian Press on condition of anonymity “decry a new world order within the agency since the Conservatives came to power in 2006”, with commendable analyses being dropped and total information reduced for “dozens of provincial governments, community groups and other organizations that depend on the data for developing policy.” Said one StatsCan source: “It will be a disaster. A lot of policy across Canada has been based on that long form.” As well, the voluntary aspect, through bias in who answers and is saying what, can be expected to skew the results. Read the rest of this entry »

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