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November 26, 2013 - No. 138 Monopoly Right No! Public Right Yes! Supreme Court Strikes Down
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 UFCW Local 401 on strike at Palace Casino, 2006. |
In 2006 during a strike at the Palace Casino in Edmonton, the casino management filed complaints with the Privacy Commissioner that UFCW Local 401 was videotaping and photographing people crossing a picket line and that this action was allegedly in violation of the PIPA. The Privacy Adjudicator ruled that photographing people crossing a picket line was a prohibited activity under the Act. Essentially she said that people have a "right" to cross a picket line without being held to account publicly for this activity. She ruled that the union was not allowed to use the images in its posters and newsletters to dissuade people from entering the casino. The Commission even declared it illegal for workers to post a satirical picture of a member of the casino management. The Alberta Attorney-General upheld this argument and stated in effect that scabs who betray the working class and the unity of its collective, as well as people who choose to cross the picket line to gamble in the casino were entitled to "practical anonymity."
The Supreme Court ruled that PIPA is unconstitutional because it infringes the union's Charter right to freedom of expression. Specifically it stated, "The Act lacked a mechanism by which a union's constitutional right to freedom of expression might be balanced with the interests protected by the legislation.... This infringement of the right to freedom of expression is disproportionate to the government's objective of providing individuals with control over the personal information that they expose by crossing a picket line. It is therefore not justified under s. 1 of the Charter." The Alberta government now has one year in which the judgement is suspended to allow it time to draft a new law.
UFCW Local 401's challenge to the Privacy Commission's decision has blocked the Alberta government from imposing yet another restriction on picket line activity. Scab replacement workers and others who cross picket lines will not be able to use PIPA to protect them from exposure and community sanction. But the ruling does not uphold the inviolable right of workers to defend what is theirs by right. The ruling considers a picket line to be a form for providing information and expressing the collective opinions of the workers. But it does not recognize the right of workers to an effective picket line to counter the power of the monopolies.
Also, what does it mean when courts and
governments say
that it is necessary to balance rights with some objective? Such
arguments are used time and time again to deny the rights of workers
and in this case the right to defend themselves through an effective
picket line. Meanwhile, the monopolies have the
"right" to make what are called "private business decisions," which
affect the entire society, even when those decisions amount to wrecking
of the economy and society.
In this vein, the "need" to balance the rights of public sector workers with the so-called need for austerity becomes the pretext to attack public sector workers' rights. In this sense, "balancing" is simply a form of depriving people of their rights. The Harper government claims that it needs more arbitrary powers to fight terrorism, including keeping its actions secret, being able to hold people indefinitely without charge or trial, spying on everyone and in other ways violating rights with impunity. The Harperites excuse this denial of rights using the hoax of balancing rights and security while the people say that our security is found in the fight to defend the rights of all.
Workers cannot accept the idea that their rights and the rights of all exist at the whim of the governments of the rich and their "balancing act." Workers know very well that in this phony balancing act, the interests of the powerful private monopolies and those holding class privilege come out on top. It is only by affirming rights within a broad people's front to defend the rights of all that a way forward can be found.
Workers' rights arise from their role as producers of the wealth and providers of the services that Canadians need. The right to freedom of conscience including freedom of expression belongs to people by right, and can neither be given nor taken away. A modern society requires that governments and state institutions defend the rights of all and provide them with a guarantee.
Red Deer Rallies to Keep Michener Centre Open: "Don't Evict Our Most Vulnerable!"
On November 22, several hundred people held a spirited rally outside the Alberta Progressive Conservative Party convention in Red Deer to demand that the government keep Michener Centre open. Michener Centre in Red Deer is home to 125 developmentally disabled adults and seniors who have called it home for decades. The rally was organized by the Society of Parents and Friends of Michener Centre, and the Alberta Union of Provincial Employees (AUPE), which represents the workers at the centre.
In 2008 after several years of intense consultation and negotiation with families and guardians, the PC government provided a written pledge that no resident would be forced to leave Michener Centre. Then on March 11, 2013 the Redford government abruptly announced it was closing Michener Centre.
The government continues to make false statements that it is moving away from "archaic institutional care" to "progressive" community care. The reality is that most "community care" consists of group homes established for private profit. Advocates of keeping Michener Centre open are encouraging families to hold firm and not be intimidated by government pressure to agree to move their loved ones. Writer Lee Kvern whose sister is a resident of Michener explained her stand:
"I am even more inclined to stay the course in our fight to keep Michener open, because in the initial 'community inclusion' push in the early 1990s, my sister was moved out and spent eight disastrous years in community care before coming back to Michener. Because, despite all the assurances given by the government and the transition teams, once your individual leaves Michener, they are no longer under the care and/or consideration of the government. And I guarantee you the level of care provided out in the community comes nowhere near what is currently practiced at Michener. Not because they aren't caring disabilities workers out in the community, there certainly are, but more, it comes down to the budget restrictions of the privatized group homes. The current staffing level in the community is one caregiver to four individuals. My sister has three caregivers to seven individuals at Michener. It's anyone's guess what will happen when the $42 million in cuts coming this September hit the community group homes. I know my best bet for my sister is at Michener."
Society President Bill Lough also called on families to stand firm saying, "Michener is not about the bricks and mortars, it is about the continuum of care. Do not forget that the government has yet to address the issue of a 25-30 per cent staff turnover amongst outside service providers. This remains a chronic problem, and is not likely to change in the near future. Remember that the strength of Michener is its staff and their willingness to care for individuals like your loved ones. Pretty curtains and new paint will never replace the quality of care your loved ones currently receive at Michener. The promises made today may not be in place in the years to follow. I encourage everyone to stay with what you know."
The demand to Keep Michener Open has gained tremendous support in Red Deer and across the province. To date more than 24,000 Albertans have signed the petition to Keep Michener Open. Red Deer City Council, the Red Deer Public School Division, the nearly towns of Innisfail, Penhold, Bowden and Blackfalds, unions, all opposition parties and many other organizations have come out against the closure of Michener.
The campaign continues to pick up steam. The AUPE released a short documentary "Evicting Our Most Vulnerable" on November 21, which was viewed more than 2,500 times in just two days. The same day, almost 16,000 new signatures on the petition were tabled in the Legislature. The campaign also has taken action to hold the government to account through a judicial review. The Society of Parents and Friends of Michener Centre filed a Freedom of Information and Protection of Privacy request for documents concerning the decision. Eighty per cent of what they received was blacked out. The Society made an application for a judicial review. The application was successful and a judicial review of the province's decision will take place on March 13 and 14, 2014. For more information, visit friendsofmichener.org or Friends of Michener Centre on facebook (https://www.facebook.com/friendsofmichenercentre?ref=ts&fref=ts).
Edmonton Rally Says Keep Our Labs Public!
Health care workers and their
allies held a spirited
rally outside the offices of Alberta Minister of Health Fred Horne on
November 22. Workers from the Alberta Union of Provincial Employees
(AUPE), Canadian Union of Public Employees (CUPE) and Health Sciences
Association of Alberta (HSAA) who represent
lab workers in Alberta joined together to organize the rally to Keep
Lab Services Public!
Speakers at the rally gave many examples to show that the Alberta PCs are pulling out all the stops to prevent public discussion and inquiry into their piecemeal privatization of health care delivery. Unable to justify their anti-social agenda, which serves only private monopoly interests, they operate by stealth and deception. They claim that decisions are made by "independent" agencies like Alberta Health Services (AHS) while using their executive powers to exercise dictate at every level.
The secret plan to hand over the acute care hospital lab facilities in Edmonton to a private monopoly was revealed through leaked documents, not a public announcement. Sandra Azocar from Friends of Medicare pointed out that the Klein government openly pushed for two-tier medicine and privatized delivery. The Redford government is privatizing by stealth, one piece at a time. Its strategy is to try and make each successive privatization a fait accompli. However, the strategy is not succeeding because of the organized opposition from health care workers, activists and patients, their families and communities.
Tanya Malo from AUPE Local 54 said that when she met with Minister Horne, he stated that he had nothing to do with the plans to privatize hospital labs in Edmonton. This was a decision made by AHS alone, he said. But when acting AHS CEO Duncan Campbell hit the pause button, in the face of broad opposition from all professions in lab medicine, Horne quickly stepped in saying, "Nothing has changed. We're still moving ahead with a request for proposals for a single lab facility to serve Edmonton and northern Alberta. I think what Mr. Campbell was reflecting on was the fact there needs to be adequate consultation."
One thing is for certain, Mr. Campbell will certainly have more time to reflect, as he is no longer Acting CEO, and no one has any doubt who is calling the shots in the so-called "independent" AHS.
Richard Hoblak, a lab assistant
from the Grey Nuns
Hospital and member of CUPE Local 41 explained that when he started
work in 1999 he was an employee of the private corporation DKML. The
lab was always isolated from the rest of the hospital, always
short-staffed, and much time was spent explaining
why staff could not attend to something. Seven years later the lab was
reintegrated into the hospital. This led to great improvements for the
lab staff and for patient care. Lab workers were made part of the union
with a collective agreement. He stated that their ability to work
closely with all hospital staff makes an
incredible difference in patient care. Now AHS wants to fragment what
has been accomplished. It feels as though the lab is being punished and
threatened, he said.
Trudy Thompson from the Health Sciences Association of Alberta reminded everyone that privatizing the hospital labs has been tried and it failed, and history tells us it will fail again. When the hospital labs were privatized, hundreds of people lost their jobs and chaos ensued. Workers who remained lost their pension plan. The private corporations profit on the backs of the workers, she said, and this is unfair. This is about bad medicine, and we are not going to take it, she said. Let us stand up and tell this government -- enough of their lies, enough of misleading Albertans, and enough of privatization!
Elaine Fleming from Whitemud Citizens for Public Health (WCPH) said that her organization was promised repeatedly by Premier Redford and Health Ministers Fred Horne and Dave Hancock that they would not privatize the health system. We feel betrayed, she said. Fleming pointed out that the government is proposing a long contract with a private corporation. What recourse do we have if they don't deliver, she asked. We don't agree with the government acting behind the backs of citizens and with questionable motives. Her remarks brought out the fact that the government refuses to provide its rationale for this and other decisions, and citizens are owned an explanation. Fleming pledged the support of WCPH for the fight to Keep Our Labs Public!
Alberta Universities Act as Handservants of
Private Foreign Monopolies
On November 20, the Canadian Association of University Teachers (CAUT) released a new report which further exposes the manner in which neo-liberalism continues to turn universities in Alberta and elsewhere in Canada and Quebec into handservants of the monopolies.[1] The report, Open for Business: On What Terms?, details 12 research and program collaborations, and other agreements amongst Canadian universities, governments, and private corporations, mainly foreign-owned. The report was commissioned following the disturbing findings of a U.S. study, Big Oil Goes to College, which analyzed ten major research contracts between prominent energy corporations and major U.S. universities.
The CAUT news release for the Open for Business
report
states: " In their drive to attract new revenues by collaborating with
corporations, donors and governments, Canadian universities are
entering into agreements that place unacceptable limits on academic
freedom and sacrifice fundamental academic principles."
CAUT President James Turk said, "Universities have allowed private donor and corporate partners to take on roles that should be played by academic staff."
In their overview of the 12 agreements, CAUT concluded the following: only two of the agreements were public documents; only seven agreements protect academic freedom; only six agreements ensure universities retain academic control of academic matters affecting students and faculty; only one agreement allows for disclosure of conflicts of interest; only one agreement forbids financial interest by participating academic staff; only five agreements allow for unrestricted publishing rights for participating academic staff; only six agreements protect against academic staff recruitment and evaluation being influenced by participation in the collaboration; none of the agreements provide for regular publicly-available assessments; only one agreement provides for independent post-agreement evaluation; only one agreement provides for funding decisions made through peer review; only three agreements provide clear guidelines for how faculty can apply for funding; and in only two agreements are researchers ensured access to all data collection.
Out of the 12 agreements that CAUT examined, four collaborations are particularly relevant to Alberta: the Alberta Ingenuity Centre for In Situ Energy; the Consortium for Heavy Oil Research; the Centre for Oil Sands Innovation; and the Enbridge Centre for Corporate Sustainability (ECCS). All four involve either the University of Calgary or University of Alberta, along with the Alberta government and various private energy monopolies, most of which operate in the oil sands.[2] None of the four agreements provides protection for academic freedom and university autonomy, protection of intellectual property, or provisions for regulation of conflict of interests. Further, none of the agreements are public documents.
The participants in the Alberta Ingenuity Centre for In Situ Energy (AICISE), established in 2004, are the University of Calgary, the Government of Alberta, and the private monopolies Shell, ConocoPhillips, Nexen, Total E&P and Repsol YPF. All five energy companies operate in the oil sands. Of the total $12.7 million funding for three years, $5.2 million (41 per cent) is provided by the Alberta government and $7.5 million by the energy companies. The research targets development of in situ (underground) refineries to recover and upgrade oil from the tar sands. External members outnumber university members on the decision-making management advisory board by seven to four. Thus, the industry members hold control of the direction, budgets and research, clearly violating academic integrity. Further, AICISE draws heavily on resources of the Univeristy of Calgary's Schulich School of Engineering, which just received a $142.5 million grant from the provincial government for renovations and upgrades in this era of declared "fiscal austerity".
The core participants in the Consortium for Heavy Oil Research (CHORUS), established in 2004, are the University of Calgary and the private monopolies, Nexen, ConocoPhillips, Petrovera Resources and Husky Energy, all of which operate in the oil sands. The CHORUS website lists a total of 16 corporate members. All participants were previously members of another consortium that did research in seismology and crustal rock deformation, an indication of potential petroleum resources. Funding information is unavailable. The CHORUS research focuses on geophysical applications for cost-effective heavy oil production; Husky Energy is an industry leader in heavy oil.
The participants in the Centre for Oil
Sands Innovation
(COSI), established in 2005, are the University of Alberta, Imperial
Oil, and Alberta Innovates (Government of Alberta). COSI projects have
also been carried out at universities in BC, Ontario, and Germany.
Imperial Oil entered Alberta in 1920 when Senator
James Lougheed, grandfather of former Tory premier Peter Lougheed,[3]
and his partners sold their oil company to Rockefeller-controlled
Exxon. Imperial's big 1947 Leduc oil strike led to the unchallenged
domination of Alberta's economics and politics by foreign energy
monopolies. COSI has substantial government
funding; Imperial contributes a mere $2 million per year plus $500,000
a year "in kind." The Alberta government provided an initial investment
of $9.6 million and contributes $1 million a year. The federal
government also funds two research chairs. The research focus is to
lower oil sands industry costs and reduce
the environmental footprint; Imperial is the second largest shareholder
in oil sands giant Syncrude. Imperial Oil nominates the chairman of the
decision-making executive management committee, which must have a
majority of members external to the university.
The participants in the Enbridge Centre for Corporate Sustainability (ECCS), established in 2011, are the University of Calgary and the private energy monopoly Enbridge. The collaboration is set up in the university's Haskayne School of Business. The research goals are general statements about improving corporate sustainability. Enbridge is donating $2.25 million over ten years in exchange for access to the benefits of the centre, including recognition, marketing, and promotion of the Enbridge name. Enbridge desperately wants to improve its image to gain approval for its stalled Northern Gateway Pipeline project to construct twin pipelines from Bruderheim, Alberta, to Kitimat, BC. An eastbound pipeline would import hydrocarbon natural gas condensate and a westbound pipeline would export raw oil sands bitumen diluted with the condensate to the new marine terminal in Kitimat to be transported to Asian markets by oil tankers.
The CAUT report graphically exposes once again how Alberta's research universities are more and more becoming the direct handservants of private industry, especially the energy monopolies. This direction is openly fostered by the provincial government with its talk of supporting only research that is easily commercialized. Much of the research for private interests is being done by stealth and kept secret from the people of Alberta and much of it violates the academic integrity of the institutions where it is taking place. In all four Alberta research collaborations, the Alberta government hands over large amounts of funding while highly educated university staff do the research, but the vital decision-making power is held by the private monopolies.
In sum, the collaborations are blatant pay-the-rich schemes providing the energy monopolies with access to already-organized research facilities, highly trained personnel, sophisticated equipment and cut-rate expert research that serves their private interests. The added bonus is low cost or free training for many who will become employees of the monopolies. None of this serves the real interests of the people of Alberta. What is required is to build a post-secondary education system where the universities, colleges and technical institutes and the research performed in them are organized to serve the public interest and not just to further fill the pockets of a handful of private foreign monopolies who continue to plunder Alberta's petroleum resources in the most reckless manner.
Notes
1. The Canadian Association of University
Teachers is
the national voice of more than 68,000 academic and general staff at
over 120 universities and colleges across the country.
2. Details on all the agreements can be found in the
report which is available
online:http://www.caut.ca/docs/default-source/academic-freedom/open-for-business-%28nov-2013%29.pdf?sfvrsn=4
3. Peter Lougheed's brother, Don, served for many years
as an Imperial Oil senior vice-president. Former Tory Premier Don Getty
also worked for Imperial Oil.
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