Bureaucracy baffled by Harper’s niqab stance: Quotes and Interview

2015/10/09 Leave a comment

Following the PM’s more measured comments Wednesday on the niqab and the public service, comments by me and others:

Unions and other political party leaders were quick to condemn the Conservative leader’s remarks. However, it wasn’t clear if there were more than a few, if any, women who wear the niqab – a veil that conceals the face except for the eyes – in the federal public service.

A request to wear the Islamic garb would have to be reviewed on a case-by-case basis under the federal government’s “duty to accommodate” policy – which would set a precedent for all departments, said Andrew Griffith, a former senior public servant who writes extensively on citizenship and multiculturalism.

“Frankly, I don’t think the issue has ever come up and it’s unlikely it would have happened without consultations at the high levels,” he told the Citizen.

At a campaign stop in Saskatoon Wednesday, Harper repeated his intention, if re-elected, to consider federal legislation modelled on Quebec’s Bill 62, introduced by the provincial Liberal government in June. If passed, that law would prohibit public servants from wearing niqabs in provincial offices.

“Let me be very clear, we’ve actually been saying the same thing for several months,” said Harper. “The Quebec government, the Liberal government in Quebec, has brought forward legislation to require that people reveal their identity when delivering or receiving frontline service. They have tabled a bill before the Quebec assembly, we’ve said we will look at that bill before taking further steps.

“The Quebec government has been handling this controversy in a very responsible manner and we will do exactly the same things.”

The Public Service Alliance of Canada, which represents the majority of federal employees, said it doesn’t know how many women working in the public service wear a niqab – if any – and has never received concerns or complaints about the garment.

Still, PSAC President Robyn Benson said a ban on the niqab or any religious symbol would violate the anti-discriminatory provisions of employees’ collective agreements and the Canadian Human Rights Act.

“This is just another cynical attempt by the Harper Conservatives to distract from what is really at stake in this election: the reckless government cuts that have impacted millions of Canadians,” said Benson.

NDP Leader Tom Mulcair Wednesday called Harper’s remarks “bizarre.”

“For him to run an election campaign on the backs of minorities, stigmatizing, singling out, going after minorities … he’s looking to divide Canadians,” Mulcair said.

But beyond the barbs, puzzling questions loom.

Griffith argued the public service should get a better handle on religious and minority groups as part of its employment-equity strategy so managers are better prepared if and when a request to wear the niqab actually does arise.

The number of Muslims working in the public service is likely in line with the proportion who are Canadian citizens (the public service has a hiring preference for Canadian citizens). Muslims women represent about 1.8 per cent of the population.

Source: Bureaucracy baffled by Harper’s niqab stance | Ottawa Citizen

And my interview on CBC’s Ottawa Morning:

Should public servants be allowed to wear the niqab?Andrew Griffith is a former director general at Citizenship and Immigration Canada. He’s also written about multiculturalism and government.Listen 7:10 

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PS fighting for respect in election, not sick leave

2015/10/06 Leave a comment

Reaction by public sector unions to PM Harper’s letter (Stephen Harper writes open letter to Canada’s ‘world-class public service’ in order to correct ‘misinformation’), appropriately focusing on the higher level issues of the relationship and trust:

Canada’s public servants won’t buy Conservative leader Stephen Harper’s last-minute love letter to them because respect and the ability to do their jobs — not sick leave benefits and pensions — are what they are fighting for in this election.

Debi Daviau, president of the Professional Institute of the Public Service of Canada, said Harper’s recent open letter to public servants, patting them on the back and offering assurances that sick leave reform will be fair and pensions untouched, totally missed the mark of what public servants and their unions are campaigning for.

“We aren’t active in this election because of sick leave and pensions … These aren’t public servants’ issues and I don’t think our members will be fooled by it,” said Daviau.

“What it comes down to is that we don’t believe that Canada’s public service can survive another Harper government mandate.”

Harper’s letter zeros in on sick leave and pensions — the terms and conditions of public service employment that have been under attack by the Conservatives. Sick leave is the big hot-button issue in the ongoing round of collective bargaining with federal unions.

But Daviau said those are “Harper’s issues” and the letter is a “trap” — a last-minute effort to woo the public service vote in Ottawa while portraying public servants for Canadians as “petty” and only concerned with pay and benefits.

Federal unions have been very active in this campaign, their focus on eroding public services caused by budget cuts and the deteriorating relationship between public servants and the government. For many public servants, the big concerns revolve around the culture of fear and erosion of the traditional role of the public service.

The Liberals and NDP have both announced public service platforms aimed at rebuilding the relationship and restoring trust.

Source: PS fighting for respect in election, not sick leave | Ottawa Citizen

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Stephen Harper writes open letter to Canada’s ‘world-class public service’ in order to correct ‘misinformation’ | National Post

2015/10/03 1 Comment

This is funny and is likely not targeted at public service voters:

After publicly taking swipes on the campaign trail at bureaucrats in Ottawa, Stephen Harper and the Conservatives say they are the party to best protect the interests of federal public servants and are proud of Canada’s “world-class public service.”

Harper released an open letter Thursday to Canada’s public service that thanks them for their hard work on implementing government policies and cutting red tape, but also tries to correct “misinformation” he says is being spread by opposition parties and unions about the government’s plans on sick leave and pensions.

With Conservatives facing tough challenges in a number of Ottawa-area constituencies – including John Baird’s former riding of Ottawa West-Nepean – the Tories put on a full-court press Thursday to try to solidify the support of voters in the National Capital Region and combat recent announcements from the NDP and Liberals about their commitments to the public service.

Unfortunately, in the current election context, misleading statements are being made about certain issues that matter to you and your families, including sick leave and pension entitlements

Senior Ottawa Conservative MP Pierre Poilievre, flanked by several Ottawa-area Conservative candidates, Thursday unveiled Harper’s letter to the public service and try to reassure bureaucrats that they have nothing to fear should the Conservatives win another mandate.

Harper, in his two-page letter, lauded the work of federal bureaucrats in Ottawa and elsewhere.

“Canadians are well-served by our world-class public service, and I have seen this first-hand as Prime Minister. During our time in Government, we have worked with you to ensure your efforts are focused on the things that matter most to Canadians, and to create a healthier workplace where good work is recognized, red tape is removed, and benefits meet real needs,” Harper says in the open letter.

“Unfortunately, in the current election context, misleading statements are being made about certain issues that matter to you and your families, including sick leave and pension entitlements.”

Source: Stephen Harper writes open letter to Canada’s ‘world-class public service’ in order to correct ‘misinformation’ | National Post

Full text of the letter: Open letter 2[1]

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Court won’t block rollout of new screening process for public service | Ottawa Citizen

2015/10/02 Leave a comment

While I understand the Court’s reasoning with respect to fingerprinting, credit and criminal checks, as these are objective measures, I am less convinced by the need for sweeping searches of social media, given the greater degree of subjectivity in assessing security risks (e.g., while advocating for ISIS is an easy one, what about environmental activism, criticism of government policies etc).

Given that new recruits will invariably be digital natives, with rich social media histories, there will invariably be less clear cases. The old adage remains, ‘let he or she who is without sin,’ as most new employees will likely have some sharing that in retrospect was not wise:

The Federal Court has refused to stop the rollout of a new security screening process for Canada’s public servants, which includes fingerprinting, credit and criminal checks and sweeping searches of social media as the minimum clearance needed for the job.

The decision was a setback for the Professional Institute of the Public Service of Canada, which had sought an injunction to partly halt the implementation of the process, which is supposed to be fully operational by October 2017.

The union is appealing the decision.

In her decision, Federal Court Judge Catherine Kane said the union raised a “serious issue” but failed to prove the key tests needed for an injunction. She said the union didn’t provide “concrete evidence” of “irreparable harm” and offered only “speculative assertions” that the public interest would be harmed by proceeding.

“The applicants have raised one or more serious issues but have not established with any non-speculative evidence that any one of its members will suffer irreparable harm in the interim period,” Kane wrote.

The judge, however, found that the government would face “irreparable harm” if it had to halt the process and such a delay would not be in the public interest in ensuring Canada’s national security.

“There is also a public interest in maintaining international relations and in maintaining the trust and confidence of Canadians in the government employees who administer and deliver programs and services and have access to a wide range of information from and about citizens,” Kane wrote.

“The public has an interest in ensuring that government employees who handle their information are properly screened.”

PIPSC originally filed a legal challenge alleging that the new screening process is unconstitutional and violates the Privacy Act. That case has not yet been heard.

Meanwhile, it sought an injunction to stop public servants from the “irreparable harm” of turning over all kinds of personal and sensitive information before that court decision is rendered. It argued that once information is revealed and privacy is lost, it can’t be regained.

Departments have until October 2017 to implement the new security standard, which replaced a 20-year-old standard. Implementation coincidentally began days before the killing of a Canadian soldier in Quebec and the shooting of reservist Nathan Cirillo at the National War Memorial, which threw the government into a heightened security crisis.

Like the old policy, the new security protocol requires a basic reliability status and an enhanced reliability status. There is also a secret and top-secret security clearance.

PIPSC is objecting to the amount of information the government will be collecting for the “basic reliability status” — the minimum standard of screening for any public service job — arguing that the type of information required is unreasonable, unnecessary and unjustified.

The institute says that credit and criminal checks with fingerprinting and open-source searches are invasive and not necessary for most ordinary employees who don’t work in intelligence and security.

It argued the screening measures force employees to reveal details about their lifestyle and personal choices. They violate “reasonable” expectations of privacy and “employees shouldn’t have to trade off privacy rights” to become employees.

The union wanted the government to go back to the old standard for those who don’t need “enhanced reliability status” until the court decides on its constitutional challenge.

The government, however, argued the overhaul was necessary because the old one didn’t live up to the security standards of Canada’s allies. Halting screening for basic reliability would be confusing and unworkable because it’s the base level all employees would have to meet first.

The government has been screening employees since the 1940s, but a standard was not introduced until 1994. The government argued it had to modernize the standard to keep up with technology changes, security threats and to “maintain trust in government by citizens, stakeholders and other foreign governments.”

The government also noted that credit and criminal checks, including fingerprinting, aren’t new and were previously done on a case-by-case basis.

The government said that old policy had already been rescinded so there would be a big gap in screening which would undermine Canada’s relationship with its allies and their confidence in Canada’s security.

In her ruling, Kane said the basic reliability status was the foundation for all security clearances, and reverting to the previous standard would be “impractical, inefficient, costly and would create inconsistency, confusion, gaps in security screening pending the determination of the judicial review.”

She said government has a responsibility and authority to make policy to screen its employees and contractors to “ensure proper administration of government.”

“Modernization of the standard is in the public interest. The advances of technology cannot be ignored,” she wrote.

“On the one hand, technology that allows broad access to networks of information and collaborative work environments has many benefits but, on the other hand, permits a wider range of people to access information they otherwise had no access to and no need to access. “

She said drawing that line between employees’ privacy and ensuring that government programs operate securely “is not the role of the court on this motion.”

 Source: Court won’t block rollout of new screening process for public service | Ottawa Citizen

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Religious Minorities in the Public Service: What the data tells us

2015/10/01 Leave a comment

Public_Administration_-_Religious_Minorities_-_Core_Public_AdminTo complement the employment equity analysis in my book Multiculturalism in Canada: Evidence and Anecdote (see here), I applied the same methodology using NHS data for religious minorities.

This was prompted in part by Minister Clement’s comment that hijabs and niqabs “are frequently worn” in the public service and that “I’m sure we have employees in the public sector who wear a niqab – I’m sure we do.”

The full series of charts, tables  and related analysis are found here.

The main conclusions:

Policy makers at all government levels should complement their internal employment equity data with the NHS to assess whether there are issues with respect to particular groups. This analysis of religious and visible minority data indicates that there is variation among groups, and this needs to be considered as part of employment equity strategies and programs. The five-year frequency of this NHS data also provides a longer-term view of employment equity trends than the annual government reports, which tend to focus on year-to-year changes.
Given overall demographic trends, the percentage of newer religious minorities in government will likely continue to increase. While most members of religious minorities may not need or request accommodation, the more traditional members will, and it is likely that the number and type of requests will increase.
Getting back to Minister Clement’s statement, while we know that some 8,800 Canadian Muslims work for the federal government (47 percent women), we do not have any information regarding their religiosity and the extent to which deeper religiosity is reflected in men’s facial hair or women’s head coverings (which do not mean identical religiosity, beliefs or interpretations of the respective religions). Nor do we have such information regarding other religions (e.g., Canadian Jewish public servants wearing the kippa, or Canadian Sikh public servants wearing turbans and carrying the kirpan). Nor to my knowledge is there any publicly available summary of religious accommodation requests.
We may not have hard numbers to back his assertion that “we have employees in the public sector who wear a niqab.” However, any public servant who wished to wear a niqab would provoke considerable bureaucratic discussion regarding whether this could be accommodated. That no such discussion has come to light suggests that there are no such cases at the federal level.
At some time, however, it is likely that someone will request such an accommodation (just as voting, citizenship and judicial processes have shown). While some would argue that such a request should be accommodated, this would not be healthy to an integrated workplace and society given the degree to which the face provides needed cues to interpret words.
In the interim, the public service may wish to consider collecting and analyzing data related to accommodation requests in core public administration to complement employment equity reporting and strengthen the current framework by providing a more comprehensive and consistent evidence base.

 

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What Kevin Page gets wrong in his new book: Tapp

2015/09/30 Leave a comment

Stephen Tapp, a former senior economist at the PBO, on the weaknesses in Page’s book:

Regrettably, Page’s repeated demands for transparency merely become slogans. Critical questions go unaddressed about the fully transparent government he so desires, such as:

  • What are the pros—and cons—of an open approach to government in a time of ubiquitous social media, 24/7 news and political commentary, when information (and any misinformation and missteps) can quickly go viral?
  • Should the media have open access to public servants, and if so, how would the civil service convey the facts as well as the context of complex, competing factors that cabinet weighs in its decision-making?
  • Should senior civil servants speak out publicly when they disagree with the political choices of a democratically elected government—which is at odds with the Westminster system?
  • Which countries should Canada be following to improve our public service?

Likely – and hopefully – this will prompt a reply from Page and thus continue an important conversation.

Source: What Kevin Page gets wrong in his new book – Macleans.ca

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Yes, minister, no more: Today’s bureaucrats have a different attitude: Yakabuski quoting Paquet

2015/09/29 Leave a comment

Yakabuski presents one side of the debate on the political-bureaucratic relationship, that of Gilles Paquet and his followers, which emphasize ‘loyal implementation’ at the expense of  ‘fearless advice.’

Many others take the contrary view, flagging the rise of ideology and the decline of ‘fearless advice’ (e.g., among the former public servants fingered by Paquet and his acolytes, Mel Cappe on ideology over evidence, Ralph Heintzman: Creeping politicization in the public service, Kevin Page delivers a warning to the public service, among academics, Boundary between politics, public service is ‘no man’s land’: Donald Savoie, David Zussman quoted in Ideology, minority rule, distrust shaped Harper government’s relationship with public service).

As I argued in my book, Policy Arrogance or Innocent Bias: Resetting Citizenship and Multiculturalism, written from my perspective working to implement change by then Secretary of State for Multiculturalism and CIC Minister Kenney, the public service failed to provide impartial ‘fearless advice’ and recognize its own ideologies and biases, and was not quick enough to shift to ‘loyal implementation’ once the advice had been given. (Disclosure: I had worked with Paquet and his press on Policy Arrogance or Innocent Bias but our divergence of views was too great).

Canadians need to understand better how the balance between the bureaucratic and political roles plays out in the related debates over evidence-based policy (and which evidence), the decline of government policy expertise and data and other issues.

While academics and some journalists can and do raise these issues, former public servants should also contribute to discussions on the role of the public service and the political-bureaucratic relationship given their on-the-ground experience.

While such contributions run the risk of having a partisan element in their critique of Conservative government actions (and certainly being perceived this way), it is also non-partisan in that such contributions also form advice to any future government on both framework and specific policy issues (which of course, it would be free to accept or refuse).

And of course, the sharper ideological edge of the Conservative government compared to the more centrist public servant perspective accentuates distrust on both sides:

This view is echoed in a March article in Optimum Online, a public-sector management journal that Prof. Paquet edits. The article, by a senior Ottawa-based policy analyst using a pseudonym, asserts that “many senior federal public servants [develop] a conviction that they are better guardians of basic values of our democracy than elected officials. While this attitude had to be somewhat tamed while they were on active duty, it has become fully unleashed in retirement.”

The author goes on: “This has naturally generated a flow of self-righteous condemnation of current government policies by many newly unencumbered retired senior officials, and has thereby provided immense moral support for those senior public servants still in active duty – former colleagues and friends – to heighten their own passive (or semi-active) opposition to the elected government from within. As a result, the corridor of what has come to be regarded as tolerable disloyalty from within would appear to have widened considerably.”

This trend is nearly certain to outlive the Harper government. Future governments will become even more suspicious of the bureaucracy they inherit. To some extent, such suspicion has always existed. But Canada has always resisted the American practice of administrations stuffing the top layers of the bureaucracy with political appointees. Prof. Paquet worries that will change unless the principles of bureaucratic loyalty and discretion are restored.

“Loyalty breeds loyalty,” he says. “It’s 50-50.”

For my take on the same article, see The Demonization of Stephen Harper.

A review I did on an earlier Paquet article, Super-Bureaucrats as Enfants du siècle, provides further material for this ongoing debate (‘Mental Prisons,’ the Public Service and Gilles Paquet).

Source: Yes, minister, no more: Today’s bureaucrats have a different attitude – The Globe and Mail

And my letter to the editor on this can be found here.

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Kevin Page delivers a warning to the public service

2015/09/28 Leave a comment

Excerpt from Kevin Page’s book, Unaccountable: Truth and Lies on Parliament Hill. Some uncomfortable observations that merit reflection:

The ethical values section of the code speaks to a public service reflecting the need to act at all times in such a way as to uphold the public trust. It says that public servants shall act at all times in a manner that will bear the closest public scrutiny, an obligation that is not fully discharged by simply acting within the law.

This does not happen when deputy ministers refuse to provide spending plans to Parliament and the PBO that outline where Budget 2012 cuts will take place, along with an explanation of how those cuts will affect services to the public. Shame on all of us for sticking our collective heads in the sand.

Finally, under the code, the people values stipulate that public servants should demonstrate respect, fairness, and courtesy in their dealings with both citizens and fellow public servants. It says that appointment decisions in the public service shall be based on merit and that public service values should play a key role in recruitment, evaluation, and promotion. This did not happen with the recruitment of the new PBO.

What I learned from my PBO experience is that our public service has become good at avoiding accountability and transparency. The result is that public trust in the public service declines. Jane Jacobs, the famous American-Canadian urban activist, said “the absence of trust is inimical to a well-run society.” If only we could institutionalize trust, but alas, that is impossible.

Our public service leaders are going to have to step up and earn trust! To my friends and colleagues in the public service, I say this: Blueprint 2020, more than anything else it espouses, must be about restoring trust to the public service in Canada.

Source: Kevin Page delivers a warning to the public service | Ottawa Citizen

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Reviving the census debate

2015/09/14 1 Comment

I would expect any change of government to result in a restoration of the long-form census given the widespread support across different groups.

However, the extent that this change could be made in time for 2016 is unclear (expect that this issue will figure in any transition briefings by Industry Canada/StatsCan).

In Multiculturalism in Canada: Evidence and Anecdote, I was advised by a number of experts not to compare 2011 NHS data with 2006 data given the issues flagged below:

Canadian researchers Daniel Wilson and David Macdonald say they are facing enormous stumbling blocks due to the federal government’s elimination of the mandatory long-form census in 2010.

The pair, doing work for the Canadian Centre for Policy Alternatives (CCPA), a non-partisan research body that focuses on social, economic and environmental issues, is struggling to reconcile trends they’re now seeing in child poverty rates among native children.

The problem: they’re comparing data between the 2006 mandatory long-form census and the new — optional — long-form National Household Survey (NHS) that the federal government introduced in 2011.

Because the data from 2006 and 2011 came from two different processes, the researchers say they can’t tell if the latest trends they’re seeing are real or due to the fact so many fewer people filled in the optional long form in 2011.

“The practical challenge with working with the NHS is doubt — doubt that what you’ve found isn’t what’s actually happening in the world, but rather is a statistical artifact,” says Macdonald, who is also an economist.

Researchers, public policy advocates, statisticians, business groups, economists — and the Liberal and NDP parties — continue to call for the mandatory long-form questionnaire to be brought back, arguing that important statistical data is getting lost.

In a package of recently proposed reforms on transparency, the Liberals are promising to immediately restore the mandatory long form if they form government in the Oct. 19 federal election.

And Jean Ong, a spokesperson for the NDP, said in a statement that the party has long advocated for the restoration of the long-form census and continues to do so.

The lost data has massive implications for public policy decisions, business planning and a host of other areas, proponents of the mandatory long survey say.

Yet so far, the census hasn’t been in the spotlight on the campaign trail. But could it become an election issue?

Paul Jacobson, a Toronto economics consultant who relies heavily on census data for his work, believes it should. He says business planning is being seriously harmed by the new census data collection system.

“All the money in the world given to business surveyors could not replace the (mandatory) long form, period. You need a mandatory survey to get the quality of data you need to make good comparisons in small areas. That’s how you do business planning,” Jacobson says.

Stephen Toope, president of the Federation for the Humanities and Social Sciences, a national public policy advocate for Canada’s scholars, students and practitioners in the humanities and social sciences, says the “essence of the concern” about not having the mandatory long-form census is the impact on public policy.

“Thinking about questions around immigration, social service, children’s health and what kind of investments need to be made and where they need to be made — if we don’t know who is where, it’s very difficult to make informed policy decisions,” Toope says.

 Source: Reviving the census debate | Toronto Star

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Bringing Canada’s access to information back from the brink

2015/09/14 1 Comment

More a niche issue rather than one to attract general public attention but important and central to democratic government:

In 2009-10, the federal government logged 35,154 new access requests. That number nearly doubled in five years, to 60,105 requests in 2013-14.

But Michel Drapeau, a lawyer specializing in access law, doesn’t believe the system is suffering due to the increase in volume. Drapeau instead places the blame squarely on the “centre” of the government — the Privy Council Office, the department that supports the prime minister — and department’s willingness to run requests by them.

“To claim a delay becomes now not the exception but the normal course of events,” Drapeau said in an interview last week.

“Access to information is on a slow descent into irrelevance.”

There have been signs that the strain on the system is taking its toll. Summer students and temporary workers are being brought in to deal with “surges” in requests, which typically occur around a big news story. The situation lead one senior access officer to report a “critical shortage” of qualified staff to her superiors.

At the same time, the Conservative government has boasted of a record number of pages released to the public. The government repeatedly pointed to the volume of material released as a sign the system was healthy.

But according to Treasury Board data, only 27 per cent of those requests were “all disclosed” — uncensored — in 2013-14. A further 50 per cent were disclosed “in part,” which includes everything to documents with one line censored and records almost entirely blacked out.

Over their time in power, the Conservatives have made strides towards “open data,” releasing information and datasets collected by federal departments as a matter of course. While most of the files released to date are mapping files from Natural Resources Canada, several departments have released substantial files that can be accessed through the open.gc.ca portal.

But Teresa Scassa, a University of Ottawa professor who served on the federal open government advisory committee, said the government is less likely to voluntarily turn over sensitive or controversial documents — and that’s where access to information comes in.

“These are data sets that are useful to the private sector,” Scassa said of the government’s open data efforts to date.

“And that’s more the orientation of it rather than transparency or accountability, the kinds of things that journalists go after for example when they’re looking to see how governments are dealing with certain kinds of (issues).”

Information Commissioner’s Recommendations

In March, Information Commissioner Suzanne Legault released a comprehensive list of 85 recommendations to overhaul Canada’s access to information system. Broadly speaking, they include:

Maximize Disclosure — Overhaul exemptions that prohibit disclosure, create a public interest override, create a statutory obligation to declassify material.

Reduce delays — Limit extensions by government to a maximum of 60 days, limit internal consultations with other government agencies.

Expand coverage — Expand the institutions covered under access to information to Parliament, ministers’ offices, and the courts.

Toughen penalties — Create new offences for obstructing access, destroying or altering records, and prohibit failing to document decisions or substantial discussions.

Giving the watchdog teeth — Give the commissioner the power to order government documents released.

Source: Bringing Canada’s access to information back from the brink | Toronto Star

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