Sandra Finley

Jul 052012
 

http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/bills_ls.asp?lang=E&ls=c60&Parl=40&Ses=2&source=library_prb

Contents

Background

Bill C-60, An Act to implement the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America (short title: Keeping Canadians Safe [Protecting Borders] Act), was introduced in the House of Commons on 27 November 2009. Public Safety Canada, the department responsible for the bill, in a statement released the day the bill received first reading, cites the Minister of Justice, the Honourable Rob Nicholson, as saying:

This proposed legislation is a new approach to border law enforcement. With its accompanying regulatory changes, the proposed legislation provides a proper legal framework and ensures effective integrated law enforcement operations can occur in boundary waters.(1)

A. “Shiprider” Agreement

Bill C-60 implements the Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, which was signed on 26 May 2009. The agreement was signed by the Canadian Minister of Public Safety, Peter Van Loan, and the US Department of Homeland Security Secretary, Janet Napolitano.

The agreement makes permanent a joint Canada–US pilot program – referred to as “Shiprider” – which was created in 2005 to address security concerns along the maritime border. Shiprider enabled armed officers from the United States Coast Guard and the Royal Canadian Mounted Police to jointly patrol shared waterways and to continue to easily pursue suspects from one country to the other. Furthermore, it allowed each government to confer upon the other country’s participating law enforcement officers the authority of peace officers in order to facilitate the enforcement of their respective laws across the international border.

Shiprider was initially based out of the Windsor/Detroit Integrated Border Enforcement Team (IBET) station. Although the IBET concept of cross-border law enforcement cooperation dates back to the mid-1990s, it was only after 2001 that Canada and the United States formally committed to setting up a series of IBETs as part of their joint management of the Canada–US border. The IBET program targets regions between the various ports of entry along the border and comprises the following core agencies: Royal Canadian Mounted Police, Canada Border Services Agency, the US Coast Guard, the US Customs and Border Protection/Office of the Border Patrol and the US Joint Task Force–North.(2)  Shiprider was therefore an extension of the IBET program.

In 2007 Shiprider was expanded to other areas along the Canada–US maritime border to include areas along the British Columbia and Washington state border. Finally, in 2008, based on the success of Shiprider, the governments of Canada and the United States announced their intention to negotiate a framework for a more permanent, joint maritime law enforcement program. This led to the signing of the Canada–US Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations in May 2009.

The purpose of the agreement is to provide the parties with additional means in shared waterways to prevent, detect, suppress, investigate and prosecute criminal offences or violations of law, including, but not limited to, illicit drug trade, migrant smuggling, trafficking of firearms, the smuggling of counterfeit goods and money, and terrorism.(3)  The Integrated Cross-Border Maritime Law Enforcement operations under the agreement are to be intelligence-drive, based on joint Canada–US threat and risk assessment and coordinated with existing cooperative cross-border policing programs and activities.

In order for the agreement to be brought into force, both Canada and the United States must complete internal processes after signing the international agreement. In Canada, this requires that implementing legislation be introduced in the House of Commons and be passed by the House of Commons and the Senate. While the United States does not require similar implementing legislation, the US government is in the final stages of completing its own internal procedures to incorporate the agreement into national law and bring it into force.

Description and Analysis

A. Definitions, Purpose and General Provisions (Clauses 2 to 4)

Clause 2 of the bill sets out definitions for the key terms and concepts used in the proposed legislation. For the purposes of this summary, a few definitions are worth noting. First, the “Commission” referred to in the bill is the Royal Canadian Mounted Police Public Complaints Commission established by section 45.29 of the Royal Canadian Mounted Police Act.(4) The term “designated officer” refers to an individual who is appointed as a cross-border maritime law enforcement officer by Canada or by the United States. “Integrated cross-border operation” refers to the deployment of a vessel crewed jointly by designated officers from Canada and the United States for cross-border law enforcement purposes in undisputed areas of the sea or internal waters along the Canada–US border. Finally, references to the “Minister” are to the minister of Public Safety and Emergency Preparedness.

Clause 3 states the purposes of the Act, which are to implement the Canada–US Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations and its objectives. These objectives, as described above, are to provide additional means to prevent, detect and suppress criminal offences and violations of the law in undisputed areas of the sea or internal waters along the border of Canada and the United States and to facilitate the investigation and prosecution of the offences.

Clause 4 of the bill establishes the underlying principles for the agreement and the proposed Act. It states that Canada and the United States recognize that they have a common interest in the security of the undisputed areas of the sea or internal waters on the border between the two countries. It recognizes that integrated cross-border operations must respect the sovereignty of each state and that operations must be intelligence-drive, based on threat and risk assessments, and conducted in accordance with the rule of law. It further stresses that in Canada, all integrated cross-border operations must be conducted in accordance with the Canadian Charter of Rights and Freedoms.

B. General Implementing Provisions (Clauses 5 to 15)

Clauses 5 to 7 of Bill C-60 deal with the creation of the Central Authority for Canada, the body in charge of coordinating the implementation of the agreement as mandated in Article 5 of the agreement. In Canada, the Central Authority has been designated as the Commissioner of the Royal Canadian Mounted Police, or his or her delegate. The Central Authority is responsible for the direction and management of integrated cross-border operations and can appoint cross-border maritime law enforcement officers.

Clauses 7 to 10 set out the requirements for the appointment of a designated officer, an individual appointed as a cross-border maritime law enforcement officer. An individual may be appointed by the Central Authority only if he or she has satisfactorily completed the required training program for appointment as a designated officer. Article 7 of the agreement requires that the Central Authorities of Canada and the United States coordinate the development of and approve a joint training program for designated officers that includes training in the applicable laws, regulations, constitutional considerations and policies of both parties, including the use of force and operational procedures.

Clause 11 provides that in the course of an integrated cross-border operation, every designated officer is considered to be a peace officer in Canada, and therefore has the same power to enforce laws as a member of the Royal Canadian Mounted Police.

Clauses 12 and 13 clarify that the laws of Canada apply to any person detained or taken into custody within Canada as well as to any vessel or other “thing” seized within Canada in the course of an integrated cross-border operation. Furthermore, no person detained or vessel or thing seized may be removed from Canada except in accordance with Canadian laws.

Clause 14 provides that where a vessel or other “thing” is seized in the United States but is brought into Canada out of operational or geographic necessity, the vessel or other thing remains in the custody and control of the American designated officer.

Clause 15 of the bill states that no Act of Parliament relating to the import or export of goods applies to the import or export of vessels or other “things” as set out in the bill.

C. Public Complaints Commission Provisions (Clauses 16 to 25)

Clauses 16 to 24 establish a public complaints commission, the Royal Canadian Mounted Police Complaints Commission, and sets out the procedures for any member of the public to make a complaint concerning the conduct of a designated officer in the performance of any duty or function in the course of an integrated cross-border operation. The creation of this commission is mandated under Article 11 of the agreement, which states that there shall be a mechanism to hold designated officers accountable for their conduct.

Under the complaint procedure, the Central Authority must be notified of all complaints received by the commission relating to activities of the designated officers. The Central Authority must consider whether a complaint can be disposed of through an informal process and may attempt to do so, with the consent of the parties involved. Although the Central Authority is obliged to consider the possibility of an informal resolution process, the use of the term “may” indicates that the Central Authority has a degree of discretion in its decision whether to proceed with an informal process. If the complaint cannot be disposed of informally, the Central Authority must refer the complaint to the commission for review.

The commission chairman must review every complaint referred to the commission and may subsequently submit a report with findings and recommendations to the minister and the Central Authority, investigate the complaint or institute a hearing to inquire into the complaint, if it is advisable in the public interest. The commission chairman may also initiate his or her own complaint into the conduct of a designated officer if the chairman is satisfied that there are reasonable grounds for an investigation. Furthermore, the commission has, in relation to the complaints before it, the powers conferred on a board of inquiry by sections 24.1(3)(a) to (c) of the Royal Canadian Mounted Police Act)(5)

Clause 25 of the bill provides that the Central Authority must maintain a record of all complaints it receives under the Act and make that record available to the commission upon request.

D. Consequential Amendments to Statutes (Clauses 26 to 32)

Bill C-60 contains amendments that, as a consequence of the proposed legislation, must be made to a number of existing pieces of legislation, namely the Criminal Code, the Customs Act, the Export and Import Permits Act, the Immigration and Refugee Protection Act and the Royal Canadian Mounted Police Act. In particular, clauses 26 to 32 make amendments to various statutes as a result of the creation of the designated officers and the enhanced powers of the Royal Canadian Mounted Police Commission to review the conduct of designated officers.

E. Coming into Force (Clause 33)

The provisions of Bill C-60 come into force on a day or days to be fixed by order of the Governor in Council.

Notes

*  Notice: For clarity of exposition, the legislative proposals set out in the bill described in this Legislative Summary are stated as if they had already been adopted or were in force. It is important to note, however, that bills may be amended during their consideration by the House of Commons and Senate, and have no force or effect unless and until they are passed by both houses of Parliament, receive Royal Assent, and come into force.

  1. Public Safety Canada, “Government of Canada introduces legislation to fight cross-border crime in shared waterways,”News release, Ottawa, 27 November 2009.
  2. Royal Canadian Mounted Police, “Canada-United States IBET Threat Assessment 2007,” 27 May 2008.
  3. Framework Agreement on Integrated Cross-Border Maritime Law Enforcement Operations between the Government of Canada and the Government of the United States of America, pdf (38 Kb, 17 pages) 26 May 2009, Article 1.
  4. Royal Canadian Mounted Police Act [RCMP Act], R.S.C., 1985, c. R-10.
  5. RCMP Act, ss. 24.1(3)(a)–(c), states:

    (3) A board of inquiry has, in relation to the matter before it, power

    (a) to summon any person before the board and to require that person to give oral or written evidence on oath and to produce such documents and things under that person’s control as the board deems requisite to the full investigation and consideration of that matter;

    (b) to administer oaths;

    (c) to receive and accept on oath or by affidavit such evidence and other information as the board sees fit, whether or not such evidence or information is or would be admissible in a court of law.

Jul 032012
 

Also the Yes Men, see:  http://sandrafinley.ca/?p=6218

CONTENTS

(1)    THE YES MEN FIX THE WORLD

(2)   A HUFFY CANADA SHUTS DOWN ‘YES MEN’

= = = = = = = = = = = = = = =

(1)    THE YES MEN FIX THE WORLD

In my estimation Andy Bichlbaum and Mike Bonnano are low-key brilliant and this is a brilliant movie.

Not only that, I couldn’t help myself from laughing out loud in some parts.

I left the theatre feeling happy inside because the people in this world are awesome.    /Sandra

(The web address is no good – – has been taken over.  It is not the Yes Men,   http://theyesmenfixtheworld.com/)

The movie is playing at the Broadway Theatre (Saskatoon):

THE YES MEN FIX THE WORLD

2009 * USA * Dir: Bichlbaum & Bonanno * 97 min * Rated PG

7 pm: Apr 9, 11, 15

9 pm: Apr 8, 10, 12, 14

Andy Bichlbaum and Mike Bonnano engage in a series of stunts to underscore the crimes and misdemeanors of contemporary corporations.

Even if the Yes Men don’t fix the world, they certainly give it something to think about.  (Mike Scott, Times-Picayune)

= = = = = == =  == = = = = = =

(2)    A HUFFY CANADA SHUTS DOWN ‘YES MEN’

http://blog.seattlepi.com/seattlepolitics/archives/189467.asp

A huffy Canada shuts down ‘Yes Men’

Stung by a satire at the Copenhagen climate conference, Canada’s government has shut down two parody Web sites criticizing the Great White North’s glacial policy on global warming.

In the process, however, it has taken down 4,500 other Web sites that had nothing to do with the prank played two weeks ago at the global climate summit.

The two “offending” sites, developed by “Yes Men” pranksters, announced that Canada would reduce greenhouse gas emissions in 2020 40 percent from 1990 levels, and 80 percent by the year 2050.

The “announcement” came as Prime Minister Stephen Harper’s government was privately circulating a plan to permit a 165 percent INCREASE in emissions from Alberta’s huge, dirty oil sands project.

The two Web sites, (Links no longer valid)  “enviro-canada.ca” and “ec-gc.ca” are “directly connected to a hoax which misleads people into believing that the Government of Canada will take certain actions in relation to environmental matters,” Mike Landreville from Environment Canada wrote in an e-mail to the German Internet Service Provider (ISP) Serveloft.

“We trust you appreciate the importance of avoiding confusion among the public concerning Canadian governmental affairs and that you will assist us in preventing this hoax from spreading further.”

Going further, Landreville asked the ISP to “make every effort to prevent any further attempts concerning other environment-related domains (enviro, ec-gc, etc.) originating from your servers.”

The Great White North carries weight with ISP.

Serverloft immediately turned off a wide block of provider addresses, knocking out 4,500 websites that had nothing to do with “Yes Men” or the parody that raises such hackles among Harper’s minions.

“We are sorry to see that the Canadian government will not ‘take certain actions’ that could help stave off catastrophic climate change,” said Mike Bonanno of “Yes Men,” “and we are sorry to see that they don’t care so much for free speech.”

The “Yes Men” made international headlines with the parody. The hoax emission target was announced on official-looking Environment Canada stationary. A replica of the United Nations conference center podium to show “delegate” from Uganda praising the plan.

It was the second successful parody this year for the loosely knit group. “Yes Men” had staged a fake news conference at the National Press Club in Washington, D.C. A “spokesman” for the U.S. Chamber of Commerce announced that the chamber was ending its years-long lobbying campaign against climate legislation.

The hoax was revealed when an official from the real U.S. Chamber of Commerce showed up and got into a shouting match with the imposter.

The Canadian government reacted to the parody in Copenhagen by throwing a public tantrum.

An aide to Harper sent Canadian newspapers a furious denunciation of what he called “a childish prank,” and was filmed furiously (and falsely) accusing a leading Quebec environmentalist of being behind it.

On the same night, however, CBC News revealed a paper circulating in Harper’s cabinet. It listed a much lower emissions reduction target, and plans to go easy on Canada’s oil and gas industry.

A trio of Canadian provincial premiers – most notably Quebec Premier Jean Charest – excoriated the federal government for its weak environmental politicies.

The Climate Action Network, a global coalition of “green” groups, awarded Canada its “Colossal Fossil” prize for worst behavior in the Copenhagen negotiations.

Jun 282012
 

Is there a bigger “David versus Goliath” story than

  • Julian Assange (Wikileaks)  versus
  • the American Military Empire?

What a cliff-hanger!  Will he be extradited to Sweden, or will Ecuador come through?

For Assange, it is the difference between death and life (the Swedes will turn him over to the Americans.  Ecuador, into whose custody he masterfully escaped, will hopefully grant him asylum.)

For democracy it is life or death.  Citizen in every would-be democracy, let’s celebrate his work!

The most recent developments:

History in the making.  For a complete listing of the Assange postings, click on Julian Assange, Wikileaks, and scroll down.

– – – – – – – – – – – – – – – – – – – – – – – – – – –

Amy Goodman,  Democracy Now, 2011 interview with Julian Assange (Wikileaks) and Slavoj Žižek:

“ Information is a matter of life and death. We’ve learned that through these remarkable trove of documents (INSERT: documents leaked through Wikileaks) that have been released in the last year. The Iraq War Logs, the Afghanistan War Logs, and what’s been called Cablegate, the U.S. State Department documents that are continuing to be released.   Why does it matter so much? . . .“

Why DOES it matter so much?

Assange asserts that freedom of speech is not the jewel in democracy, so much as the freedom to communicate our ideas with each other.  (WikiLeaks’ Julian Assange & Philosopher Slavoj Žižek, interview by Amy Goodman, Democracy Now! .) He talks about the importance of an accurate societal record of what’s happening; that societal record (independent, accurate journalism) is a driving force for him.

Slavoj Žižek introduces the idea of “public reason”, the independent space of communication and debate.  I think of it in relation to our ability to make intelligent decisions for the society in which we live.  If public reason is not carried out in an independent space (free of undue influence), we will make lousy decisions, or lousy decisions will be made for us!

But again, Why does it matter? . . .

What if no one knew, about “what’s happening” to Julian Assange and why?  Are you hearing it in the media?  . . .  Try these additional two examples:

  1. 2012-05-11 Historic judgment: (Charge #2) Bush & Associates found Guilty of torture, Kuala Lumpur.

Would some people act differently if they didn’t know that even a former U.S. President will be held accountable for war crimes?

It’s not only the small players like Bosnian Serb general, Ratko Mladic, or al-Bashir from Sudan, or a general from Sierra Leone that will be put on trial.  It is also George Bush and his pals, eventually.  If we were in the dark, we would not be in a position to help.

And what if we didn’t know WHO is assuming responsibility?  Changing roles in the world, empowerment.

One of the major forces behind the efforts to bring Bush and Company to justice is “part of an initiative by former Malaysian premier Mahathir Mohamad” who stated simply:

“Unlawful use of force threatens the world to return to a state of lawlessness.

The acts of the accused (Bush and Co.) were unlawful.”

It’s a group of international people, with leadership in Kuala Lumpur, who decided that they had to play their part to defend justice for all.  Their position is well documented:   Historic judgment: (Charge #2)  Bush & Associates found Guilty of torture, Kuala Lumpur.

For newcomers: there’s a long list of people working to ensure the arrest of Bush – see Arrest George Bush. Rule of Law essential to democracy.

Another point made in the Amy Goodman interview with Assange and Žižek:  the ordinariness of people who just decide to do something.

2.  Click on this short video:  Julia Bacha: Pay attention to nonviolence (from TED.com – Ideas worth spreading)

“. . I believe that what’s mostly missing for non-violence to grow is not for Palestinians to START adopting non-violence, but for us to start paying attention to those who already are . . “.

(I relate this to Julian Assange’s statement of society’s need to record and communicate what is happening in the real world.  . . .  If we don’t know . .?!)

Slavoj Žižek, in the interview with Goodman says:

(the “he” referred to is Sgt Bradley Manning who is alleged to have leaked the documents to Wikileaks),

“ . . There are many examples that I know of ordinary people who are not anything special, they are not saints. But all of a sudden, they see something, like probably he, if he is the one, saw all these documents, and something told him, “Sorry, I will not be pushed more. I have to do something here.”

This is so precious today, because it also goes against a note which is in a way true, but it’s exploited by our enemies, this idea ideology today is cynical, people are totally duped, and so on. No, they are not. I prefer her to play a little bit of simple moralism.

From time to time, there are ethical miracles. There are people who still care, and so on and so on. This is very important because, you know, like, let’s not leave this domain of a care for simple, dignified, ethical acts to agencies like Catholic Church and so on. Who are they to talk about it? We . . . should rehabilitate this-I know it doesn’t sound very postmodern or cynical-this idea that there are out there quite ordinary guys, nothing special, but who all of a sudden, as if in a miracle, do something wonderful. That’s almost, I would say, our only hope today.”

Julia Bacha is a quite ordinary person (maybe!) who did something wonderful!  What if the villagers’ story wasn’t told, in their communities?

= = = = = = = =  = = = = = = = = = = = = =

The examples

  • Julian Assange
  • Mahathir Mohamad
  • Julia Bacha
  • tonnes of other such people

find Canadians looking at actions of

  • the U.K.  (in relation to Assange)  (did their Supreme Court uphold the rule of law?)
  • Sweden  (how credible is their position on Assange, in whose interests, and with what intent?)
  • the U.S.A. (look at the actions of the American military in Iraq, Afghanistan, Pakistan, etc.  Sgt Bradley Manning is alleged to have leaked documents to Wikileaks, bringing light to the darkness.  If time permits sometime I would like to post what has happened to him at the hands of the military beasts.  Manning is an incredible hero.  I wonder how the historical record will read.)
  • Ecuador (how is it that Ecuador can stand up to the U.S. and Canada can’t?)
  • Malaysia  (Bush found guilty) and
  • Palestine  (Julia Bacha)

Maybe our stereotypes are challenged, because “what’s happening” hasn’t been communicated to us.

TURN THE TABLES:

What are Ecuadorans, Malayans and Palestinians being told about what’s going on in Canada?

Indeed, what are we being told about what’s going on in Canada?   . . .

There’s lots of really good things happening.  We just have to communicate it!  Democracy Now!

ROMEO DALLAIRE SOCKS IT TO THEM!  God bless Senator Romeo Dallaire – his speech against Bill S-10, cluster bombs

Or, how about this?  short  Animation:  Enbridge spills it out

And robo-call updates:

Is it:

 

Happy Canada Day!

Jun 282012
 

Julian Assange Julian Assange’s Wikileaks
published leaked diplomatic cables

Related Stories:

Wikileaks founder Julian Assange has been served with an extradition notice by the Metropolitan Police.

Officers from the extradition unit delivered a note to Mr Assange at Ecuador’s London embassy.

Mr Assange took refuge there last week and is seeking diplomatic asylum to  prevent being sent to Sweden where he is accused of rape and assault.

Scotland Yard said the notice required a 40-year-old man to attend a police station “at a time of our choosing”.

‘Standard procedure’

The Wikileaks website published a mass of leaked diplomatic cables that embarrassed several governments and international businesses.

Mr Assange fears that if he is sent to Sweden he could be sent on to the United States to face charges over Wikileaks and that he could face the death  penalty.

In a brief statement to the BBC, Scotland Yard said: “This is standard procedure in extradition cases and is the first step in the removal process.

“He remains in breach of his bail conditions and failure to surrender would be a further breach of those conditions and he is liable to arrest.”

Under international diplomatic arrangements, the Metropolitan Police cannot go into the embassy to arrest Mr Assange.

Mr Assange, whose bail conditions include staying at a named address between 22:00 and 08:00 BST, arrived at the embassy in Knightsbridge on Tuesday last week.

Ecuador is considering Mr Assange’s application for asylum.

Jun 282012
 

Watch the video:  http://www.youtube.com/watch?v=IGQmdoK_ZfY

OR, same thing, but on Dan Simons’ blog:

http://www.dansimons.com/videos.html    the top video.

  • OR:  To the right see the menu of 8 videos.  The top right-hand one should be 19.16 minutes, of Dan’s TED Talk, demonstrating students passing basketballs.  Try that one.

The work of Dan Simons is valuable.

 

 

 

Jun 272012
 

http://news.nationalpost.com/2012/06/27/new-evidence-backs-claims-of-questionable-dean-del-mastro-donations/

OTTAWA — Two donors to Conservative MP Dean Del Mastro’s 2008 election campaign have produced copies of cheques they say were reimbursements paid by a small electrical company owned by his cousin.

The cheques show the donors each received $1,050 from Deltro Electric Ltd. of Mississauga, Ont., two days before they made $1,000 donations to Del Mastro’s electoral district association in Peterborough.

The donors also produced copies of the personal cheques they sent to the riding association in September 2008.

The cheques could be key pieces of evidence should Elections Canada extend its ongoing investigation of Dean Del Mastro’s 2008 campaign expenses to the donations that funded it.

Under the Elections Act, it is a serious offence to conceal the real source of donations to an election campaign.

Deltro owner David Del Mastro has denied issuing any reimbursements to his cousin’s campaign contributors and says he only asked people to give voluntarily.

One of the cheques obtained by the Citizen is payable to a former Deltro employee who, earlier this month, signed a statutory declaration describing how Deltro staff were asked to enlist family and friends in the alleged reimbursement scheme.

David Del Mastro “advised me at that time that he wanted to make a large monetary donation to the re-election campaign of his cousin, Dean Del Mastro Member of Parliament,” the statement said.

“My employer assured me that if I would do so, my employer would cause his company, Deltro Electric Ltd., to reimburse me for the full sum of $1,000, plus a further bonus of $50, and that I would receive an income tax receipt for the donation.”

Cheque in the amount of $1,050 drawn on an account belonging to Deltro Electric, owned by MP Dean Del Mastro’s cousin, is alleged by the cheque’s recipient, a Deltro employee, to be reimbursement for a $1,000 donation to Del Mastro’s re-campaign. Images of this cheque and others were captured by the donors’ banks when they were deposited in ATM machines. At the Citizen’s request, the donors asked their bank to produce copies of these images.

The alleged scheme was intended to circumvent the limit on political donations, the former employee said. The Conservative government lowered the limit to $1,100 through their 2006 centrepiece ethics legislation, the Federal Accountability Act.

The statement listed the names of seven friends of family members of the employee who also participated in the scheme.

The employee also listed the names of 11 Deltro employees, their family members or friends of the owner who, Elections Canada records show, also all gave $1,000 to Del Mastro’s campaign or riding association.

The former employee and two other donors with the same story of donations and reimbursements spoke on the condition of anonymity.

Reached on his cellphone Wednesday, David Del Mastro said he had no comment and hung up before he could be asked about the cheques. He did not respond to a fax and email requesting comment.

He has previously denied he ever reimbursed anyone for giving money to his cousin’s campaign. Claims to the contrary were likely from a disgruntled former employee, he suggested.

He said it was reasonable to believe that 19 people would give so much money to a candidate running in a riding three hours away just because he asked. Four other people with ties to Deltro who donated $1,000 each, and were contacted by the Ottawa Citizen, have all said they gave voluntarily and were not reimbursed.

The cheques from Deltro do not indicate why they were issued. The “memo” field on both is left blank. Images of the cheques were captured by the donors’ banks when they were deposited in ATM machines. At the Ottawa Citizen’s request, the donors asked their bank to produce copies of these images.

The donors who provided the cheque images understand they face potential legal jeopardy by admitting participation in the alleged scheme. They hope Elections Canada will consider that they came forward voluntarily should the agency launch an investigation.

On the way into his party’s caucus meeting last week, Dean Del Mastro described a previous story about the alleged reimbursements as “silly.”

Asked for comment Wednesday, Del Mastro wrote in an email that “all donations to my campaigns have been received in the proper form, properly recorded and reported and receipts issued as per Elections Canada guidelines. Always have been, always will be.”

Elections Canada is investigating allegations that Del Mastro’s campaign exceeded its spending limit by hiring an Ottawa company to do $21,000 worth of voter identification and get-out-the-vote work.

According to court documents, Elections Canada has obtained a personal cheque that Del Mastro wrote to the company in that amount.

There is also an allegation, made by an Elections Canada investigator, that a document submitted to the agency by the Del Mastro campaign purporting to show a refund by the company was “a false document.”

Del Mastro insists his postelection filings were in order and has denied any wrongdoing.

He told a Peterborough TV station last week that he expects he will be cleared of any wrongdoing over his expenses and said he has the full support of the prime minister.

Ottawa Citizen and Postmedia News

Jun 232012
 

NOTE:

– – – – – – – – – – – – – – – –

http://news.nationalpost.com/2012/06/21/elections-canada-robocalls-probe-taken-over-by-low-key-bureaucrat-yves-cote/

Rod MacIvor/Postmedia News files

Rod MacIvor/Postmedia News files

Yves Côté in 2007 when he was ombudsman for the Canadian Forces. He is the new Commissioner of Canada Elections, overseeing the robocalls investigation.

 

With the complex and politically charged robocalls investigation still underway, Commissioner of Canada Elections William Corbett has retired and been replaced with a former justice department bureaucrat.

Since last year’s election, Corbett has been overseeing the probe of fraudulent pre-recorded calls and misleading live calls reported by voters in 200 ridings across the country. It is believed to be the largest investigation the commissioner’s office has ever conducted.

But in a surprise announcement Thursday, Elections Canada said Corbett has retired and been replaced by Yves Côté, the former associate deputy minister of justice.

A former officer with the Judge Advocate General’s office, Côté was appointed as ombudsman for the Canadian Forces in 2005. When he left that post, Esprit de Corps magazine wrote that Côté “made it clear that he was not going to take the high-profile, often-adversarial towards the chain-of-command stance of his predecessor,” Andre Marin.

Côté issued reports critical of the military, complaining in one report that “the Canadian Forces continue to treat military families like second-class citizens,” but on Thursday Esprit de Corps publisher Scott Taylor described Côté’s time as ombudsman as disappointing.

“Unfortunately he failed to maintain the same sort of profile for the office which Marin had laboriously built as the inaugural incumbent,” said Taylor. “While it is true that Marin had raised the bar quite high, Côté passed well below it during his tenure.”

In December 2007, halfway through Côté’s mandate as ombudsman, Prime Minister Stephen Harper appointed him as associate minister of justice, where he worked closely with Justice Minister Rob Nicholson as the government prepared Bill C-10, an omnibus bill that imposed mandatory minimum sentences for many crimes, including marijuana cultivation.

People familiar with Côté’s career described him as low-key and competent, safe and methodical but not a fighter.

Politically dangerous investigations have a long history in official Ottawa of posing challenges to investigators and prosecutors, and prosecutions in the uncharted waters of telephone voter contact could put pressure on Elections Canada.

Given that Côté was unwilling to make waves during the tumultuous period in which he served as the CF ombudsman, it is unlikely he would be willing to swim upstream against the political current in his present post

Taylor, who was a close observer of Côté during his tenure at the Canadian Forces, expressed doubts on Thursday about his willingness to tangle with powerful interests in the robocalls investigation.

“Given that Côté was unwilling to make waves during the tumultuous period in which he served as the CF ombudsman, it is unlikely he would be willing to swim upstream against the political current in his present post,” he said.

Elections Canada denied that the change in mid-stream would affect the robocalls or related investigations.

“There will be continuity,” said spokesman John Enright. “There is a new commissioner but the work of the Office of the Commissioner continues. It’s not going to impact their work at all.”

Chief among Côté’s responsibilities will be to decide what charges, if any, he will refer to Director of Public Prosecution Brian Saunders over the robocalls allegations.

By law, the commissioner of Canada elections is appointed by the chief electoral officer, not by Parliament or cabinet. Chief Electoral Officer Marc Mayrand chose to use a competition process to fill the job, the same way many public service jobs are filled, with applicants assigned points for various qualifications.

It was up to Mayrand to decide how to fill the job, Enright said.

“The process that was chosen was a competitive public process based on merit, the same way you would appoint any other senior official.”

Elections Canada said the job opening was published in the spring. The text of advertisement specified someone with significant experience with legal or regulatory decision-making, but made no mention of investigative experience.

“The successful candidate must have proven experience in handling sensitive and complex matters,” the ad said. “He or she must be able to build and maintain effective relationships with parliamentarians, senior government officials and other stakeholders.”

Corbett led the five-year investigation into the so-called “in and out” scandal, the Conservative Party’s scheme to shuffle the costs of $1.3 million in radio and TV ads between its national campaign and local candidate campaigns to avoid spending caps in the 2006 campaign.

Four Conservative party officials, including senators Doug Finley and Irving Gerstein, were charged in the case, but those charges were dropped last year, when the party pleaded guilty and paid $52,000 in fines.

At the time of Côté’s appointment, Corbett’s staff were also investigating allegations of election financial impropriety in the 2008 election by Conservative MP Dean Del Mastro, the prime minister’s parliamentary secretary and member of the House of Commons ethics committee.

Corbett’s going-away party was held Wednesday. Côté begins work July 3.

Enright said Corbett wasn’t available to speak publicly about his role.

“Interviews at this time are graciously declined,” he said.

Postmedia News and Ottawa Citizen

Jun 232012
 

(I would like to publish the URL but doing so changes the formatting.)

Julian Assange’s appeal for asylum in Ecuador may spare him a prison stay in Sweden or the United States.

Barring a CIA drone strike on the Ecuadorian embassy in London, WikiLeaks founder Julian Assange’s sudden appeal for asylum there may spare him a prison stay in Sweden or possibly the United States. Assange’s freedom now depends largely on Ecuadorian President Rafael Vicente Correa Delgado, a new breed of independent-minded leader like Venezuelan President Hugo Chávez.

Correa has been a harsh critic of U.S. behavior toward Ecuador and its Latin American neighbors as well as an outspoken fan of WikiLeaks. Atypically for the region, Ecuador is not a major recipient of U.S. economic or military aid, so Washington’s leverage is limited. This suggests that the Ecuadorian government may decide to defy Washington, accept Assange’s request for asylum, and have him flown to Ecuador pronto.

In which case, most British “justice” officials will probably say good riddance and breathe a sigh of relief — literally. They have been holding their noses for weeks against the odor of their obeisance to U.S. diktat, after the British High Court rejected Assange’s argument that he should not be extradited to Sweden.

Although Swedish “justice” officials have not charged Assange with any crime, they insist that he be extradited to face questions resulting from allegations by two women of sexual assault. This is widely — and in my view correctly — perceived as a subterfuge to deliver Assange into Swedish hands to facilitate his eventual extradition to the U.S. to face even more serious charges for publishing classified information highly embarrassing to Washington.

There have been persistent reports that Assange has been the target of a secret grand jury investigating disclosures of classified U.S. documents allegedly slipped to WikiLeaks by Army Pvt. Bradley Manning. A leaked 2011 e-mail from Fred Burton, a vice president of the private intelligence firm Stratfor, informed colleagues that “we have a sealed indictment on Assange,” but that claim has not been confirmed. Manning, however, is facing a court martial for allegedly leaking U.S. documents to WikiLeaks.

Giving the Brits the Slip

Interesting, is it not, that Assange — just days before he was to be extradited to Sweden — was able to (I guess) slip out of his ankle monitor, sneak through the cordon of Bobbies on watch at the estate where he was under house arrest, dodge other Bobbies and security chaps, and hit pay dirt inside the Ecuadorian embassy.

There is no denying that Assange is a clever chap. But unless you think him some kind of Houdini, there has to be some more likely explanation as to how he slipped through the various police checkpoints and walked into the embassy, which is located behind the popular Harrods department store in London.

Were the British security forces all out for tea? Or were they just as happy to have the Assange case – and all the pressure from Washington – focused elsewhere?

Certainly, the British had enough clues that, in extremis, Assange might attempt to make it to the Ecuadorian embassy. In late November 2010, Ecuadorian Deputy Foreign Minister Kintoo Lucas publicly offered Julian Assange residency in Ecuador, saying that Ecuador was “very concerned” by information revealed by WikiLeaks linking U.S. diplomats with spying on friendly governments.

“We are open to giving him residency in Ecuador, without any problem and without any conditions,” Mr. Lucas said.

President Correa promptly backtracked, saying that Kintto Lucas’s remarks were unauthorized and that no formal invitation had been extended to Assange, and noting that residency for him would require legal review in the event he requested it. (This came just one week before Assange was arrested, imprisoned, and then put under house arrest.)

Now I’m Requesting It

Ecuador’s embassy in London, announcing Assange’s arrival Tuesday afternoon, said he was seeking asylum, and added:

“As a signatory to the United Nations Universal Declaration for Human Rights, with an obligation to review all applications for asylum, we have immediately passed his application on to the relevant department in Quito,” Ecuador’s capital. “While the department assesses Mr. Assange’s application, Mr. Assange will remain at the embassy, under the protection of the Ecuadorian government.”

The embassy added that the bid for asylum “should in no way be interpreted as the government of Ecuador interfering in the judicial processes of either the United Kingdom or Sweden.”

Temporizing diplomatic phrasing of this kind seems de rigueur, as President Correa and his associates take time to choose how to react to the fait accompli of Julian Assange in Ecuador’s custody. In Quito, Ecuadorian Foreign Minister Ricardo Patino told reporters that his country “is studying and analyzing the request [for asylum].”

Like Mother, Like Son

Assange’s mother not only applauded her son’s decision to seek asylum, but summed up the situation concisely, telling the press:

“I hope Ecuador will grant him asylum, and if not, another third-world country. I hope the third world can stand up for what’s morally right when the first world can’t and won’t because they’ve got their snouts in the trough, rolling over for U.S. greed and big business.

“Julian is a political prisoner, a journalist, a publisher of the truth about corruption, war crimes, kidnapping, blackmail, and manipulation. … He remains uncharged and unquestioned on a crime which, if you explore it, has absolutely no basis. Of course he would seek asylum.”

She added that her son was a victim of decisions by the United States, Britain, Sweden and Australia to abandon proper legal process.

How 20th Century!

Abandoning proper legal process? Such thinking seems so — to borrow words from the eminent legal scholar Alberto Gonzales — so “quaint,” so “obsolete,” so pre-9/11! Abandoning proper legal process post-9/11 has become the “new paradigm” adopted not only by the Bush, but also by the Obama administration.

Not only is Julian Assange within his rights to seek asylum, he is also in his right mind. Consider this: he was about to be sent to faux-neutral Sweden, which has a recent history of bowing to U.S. demands in dealing with those that Washington says are some kind of threat to U.S. security. Glenn Greenwald on Tuesday provided an example:

“In December 2001, Sweden handed over two asylum seekers to the CIA, which then rendered them to be tortured in Egypt. A ruling from the U.N. Human Rights Committee found Sweden in violation of the global ban on torture for its role in that rendition (the two individuals later received a substantial settlement from the Swedish government).”

For those of you thinking, Oh, but that was under the Bush administration and that kind of thing is over, think again. In 2010 and 2011, the hysteria surrounding WikiLeaks’ disclosures of U.S. misconduct and crimes around the world brought cries from prominent American political figures seeking Assange’s designation as a terrorist, his prosecution as a spy and even his assassination.

Rep. Peter King, R-New York, chairman of the House Homeland Security Committee, has called for WikiLeaks to be declared a terrorist organization and Assange to be prosecuted under the Espionage Act of 1917, a position shared by Sen. Dianne Feinstein, D-California, chair of the Senate Intelligence Committee, who wrote in a Wall Street Journal op-ed:

“The release of these documents damages our national interests and puts innocent lives at risk. He should be vigorously prosecuted for espionage.”

Others have gone even further, demanding that Assange be put to death, either by judicial or extrajudicial means. For instance, a former Canadian official Tom Flanagan has urged Assange’s assassination.

Former Alaska governor Sarah Palin denounced Assange as an “anti-American operative with blood on his hands” and said he should be treated no differently than an al-Qaeda terrorist.

In a Facebook posting, Palin said Assange was no more a journalist than “the ‘editor’ of al-Qaida’s new English-language magazine Inspire is a ‘journalist.’” She added: “His past posting of classified documents revealed the identity of more than 100 Afghan sources to the Taliban. Why was he not pursued with the same urgency we pursue al-Qaida and Taliban leaders?”

So, put yourself in Julian Assange’s place. If the New York Times accurately described President Barack Obama as saying it was an “easy” decision to authorize the killing of Anwar al-Awlaki, a U.S. citizen alleged to have participated in terrorist operations against U.S. targets, how confident would you be that the onetime constitutional scholar would resist the political pressure to get rid of you

A drone strike over London can be ruled out. But Assange understandably could fear a covert operation by Britain’s FBI and CIA counterparts — MI-5 and MI-6 — to eliminate him “with extreme prejudice,” in old CIA parlance.

As melodramatic as that might sound, it should be remembered that nine years have gone by since British Ministry of Defense biologist and U.N. weapons inspector Dr. David Kelly’s “suicide.” Yet there remains considerable circumstantial evidence that his “suicide” was not self-inflicted.

Kelly was found “guilty” of disclosing accurate information regarding the bogus nature of the “evidence” of Iraqi WMD and, conveniently, was removed from the scene, supposedly by his own hand. Ecuadorian embassy dwellers may wish to hire beefeaters to taste the foie gras, truffles, or cakes ordered from nearby Harrods.

Correa on TV With Assange

Four weeks before Assange sought asylum, he interviewed Ecuadorian President Rafael Correa for Episode 6 of The World Tomorrow (Assange’s program Tuesdays on RT). Assange asked Correa why he has advocated that WikiLeaks release all its cables.  Correa responded:

“First, you don’t owe anything, have nothing to fear. We have nothing to hide. Your WikiLeaks have made us stronger” with the damaging revelations showing the attitude of the U.S. embassy toward the sovereignty of the Ecuadorian government.

Correa continued: “On the other hand, WikiLeaks wrote a lot about the goals that the national media pursue, about the power groups who seek help and report to foreign embassies. … Let them publish everything they have about the Ecuadorian government.  You will see how many things about those who oppose the civil revolution in Ecuador will come to light. Things to do with opportunism, betrayal, and being self serving.”

Correa made the point that when WikiLeaks cables became available to the national media in Ecuador, they chose not to publish them — partly because the documents aired so much “dirty linen” about the media themselves. He added that when he took office in January 2007, five out of seven privately owned TV channels in Ecuador were run by bankers. The bankers were using the guise of journalism to interfere in politics and to destabilize governments, for fear of losing power.

Ecuador and the United States

Correa, 49, educated in Belgium at the Université Catholique de Louvain and at the University of Illinois at Urbana/Champaign (for four years, where he earned both a masters and a PhD), said he “admires the American people a great deal.” But the U.S. government can be a different matter.

Assange and Correa discussed Correa’s decision to send the U.S. ambassador, Heather Hodges, packing as a result of the disclosures in the WikiLeaks cables, as well as her “arrogance,” and the Ecuadorian president’s unilateral closure of the U.S. military base at Manta.

Still, Correa seems to have had high hopes that things would improve under the Obama administration. The Ecuadorian president once commented that Hugo Chávez’s description of George W. Bush as Satan was unfair to the Devil and that the previous administration had made Latin America “invisible.”

Regarding Ecuador’s general relationship with the U.S., Correa underscored on Assange’s program that it must be “a framework of mutual respect and sovereignty.”  That wished-for mutual respect and especially Washington’s regard for Ecuadorian sovereignty are likely to be put to the test in the coming weeks.

Hillary Clinton may be having second thoughts about the energy she expended earlier this month on her first visit to Sweden as Secretary of State. If Assange succeeds in skirting Sweden and makes it to Ecuador, she may now have to put Quito back on her travel schedule.

A Clinton visit to Ecuador two years ago was marred by protests, but she found President Correa a gracious host. But that was before WikiLeaks disclosed Ambassador Hodges’s pejorative comments on Correa et al. and Correa decided to expel her from the country for “arrogance.”

Correa does seem to have developed an allergy to arrogance, so Clinton may wish to consider sending someone in her stead to try to persuade Ecuador to surrender Assange to the tender mercies of American “justice.”

Former CIA analyst Ray McGovern is co-founder of Veteran Intelligence Professionals for Sanity.

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