Lawful Access: Bill On Online Surveillance Not The First With Motherhood Title

First Posted: 02/16/2012 5:21 pm Updated: 02/17/2012 9:28 am

Lawful Access Canada Online Spying
Feel-good titles for government legislation have become standard Conservative salesmanship, a development highlighted this week with the introduction of a complex and controversial electronic surveillance bill. The "Protecting Children from Internet Predators Act" is just the latest in a long line of Conservative bills with seemingly unassailable, motherhood handles. (Alamy)

OTTAWA - It's safe to say the "Protecting Bitumen from Internet Predators Pipeline" is not in the cards for Canada.

But when Megan Leslie made the tongue-in-cheek suggestion Thursday in the House of Commons, the New Democrat MP was taking more than just an environmental swipe at Stephen Harper's Conservative government.

She was talking about the perversion of language.

Feel-good titles for government legislation have become standard Conservative salesmanship, a development highlighted this week with the introduction of a complex and controversial electronic surveillance bill.

The "Protecting Children from Internet Predators Act" is just the latest in a long line of Conservative bills with seemingly unassailable, motherhood handles.

Public Safety Minister Vic Toews drew a straight line between the legislation's "short title" and opponents of the bill's privacy-invasive elements.

"He can either stand with us or with the child pornographers," Toews scolded a Liberal MP critic earlier this week in the House of Commons.

That kind of incendiary, us-and-them talk has Opposition MPs spitting nails.

"I'm fed up!" NDP justice critic Francoise Boivin said Thursday.

"We always knew they were naming their bills ... I'm trying to find a polite expression ... that would just get the opposition mad — that would make it almost impossible for you to look at it in a very logical, sound, intelligent way."

The names make a handy political marketing tool for the government, while driving opponents to distraction. But experts in the field say there's something more troubling at play.

"I think we want our politicians on both sides of the aisle to be debating the substance of the bill and not some slogan," Adam Dodek, a professor at the University of Ottawa who teaches public law and legislation, said in an interview.

And the sloganeering can become dizzying.

On Thursday, Immigration Minister Jason Kenney introduced the "Protecting Canada's Immigration System Act," which he said cleans up gaps in the previous "Balanced Refugee Reform Act" and includes many elements of a previous Parliament's unpassed "Preventing Human Smugglers from Abusing Canada's Immigration System Act."

The lengthy titles can become almost comical — think of last year's "Supporting Vulnerable Seniors and Strengthening Canada's Economy Act" — prompting parliamentary wags such as Megan Leslie to mock rather than fume.

The Harper government penchant has been compared to comedian Sacha Baron Cohen's "Borat" movie subtitle: "Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan."

It hasn't always been this way. Traditionally, legislation in Ottawa has been given neutral, objective names that broadly reflects the content.

Dodek, who teaches the legally demanding technicalities of drafting proper legislation, said torquing a bill's title can be misleading, especially when dealing with complex legislation that covers many legal areas.

"It's an attempt to frame the debate but also potentially mislead the public as to what the contents of the bill are," said Dodek. "It's a communications spin within a legal document. That's the fundamental problem."

The practice began in the United States and migrated to Canada during the 1990s under the Mike Harris Conservative government in Ontario, according to Dodek and other political scientists. The McGuinty Liberals in Ontario, who once derided the practice, have picked it up as well.

Under the federal Liberals, there was once a "Jean Chretien Pledge to Africa Act."

Jonathan Rose, a Queen's University expert in political communications, said the key is that such titles can "reframe an issue."

"It's a page right out of the American politics playbook," Rose said in an email.

"Think of (George W.) Bush's 'Clean Air Act,' which was really a deregulation of environmental protection legislation, or the 'Open Skies Act,' which is really about deregulation of airspace."

Paul Thomas, professor emeritus at the University of Manitoba, has watched New Democrats do it in his province, too.

"It seems to be used a form of political ammunition," said Thomas.

"To position your political opponent in a particular spot in the ideological spectrum or in the ongoing, continuing election campaign that's become much of our life these days."

By Bruce Cheadle, The Canadian Press

Related on HuffPost:

Loading Slideshow...
  • What's In Online-Snooping Bill

    Like similar legislation introduced in the past by both Conservative and Liberal governments, the new bill includes provisions that would: <em>With files from CBC</em> (Shutterstock)

  • Warantless Online Info

    Require telecommunications and internet providers to give subscriber data to police, national security agencies and the Competition Bureau without a warrant, including names, phone numbers and IP addresses. (CP)

  • Back Door Access

    Force internet providers and other makers of technology to provide a "back door" to make communications accessible to police. (Getty)

  • Location, Location, Location

    Allow police to get warrants to obtain information transmitted over the internet and data related to its transmission, including locations of individuals and transactions. (Alamy)

  • Preserve Data

    Allow courts to compel other parties to preserve electronic evidence. (Alamy)

  • New Bill Is Different

    However, unlike the most recent previous version of the bill, the new legislation: (Alamy)

  • Less Data

    Requires telecommunications providers to disclose, without a warrant, just six types of identifiers from subscriber data instead of 11. (Alamy)

  • Oversight

    Provides for an internal audit of warrantless requests that will go to a government minister and oversight review body. Minister of Public Safety Vic Toews is pictured. (CP)

  • Review After 5 Years

    Includes a provision for a review after five years. (Alamy)

  • More Time To Implement

    Allows telecommunications service providers to take 18 months instead of 12 months to buy equipment that would allow police to intercept communications. (Alamy)

  • Expanded Definitions

    Changes the definition of hate propaganda to include communication targeting sex, age and gender. (Alamy)

FOLLOW HUFFPOST CANADA POLITICS

OTTAWA - It's safe to say the "Protecting Bitumen from Internet Predators Pipeline" is not in the cards for Canada.But when Megan Leslie made the tongue-in-cheek suggestion Thursday in the House of Co...
OTTAWA - It's safe to say the "Protecting Bitumen from Internet Predators Pipeline" is not in the cards for Canada.But when Megan Leslie made the tongue-in-cheek suggestion Thursday in the House of Co...
Filed by Michael Bolen  | 
 
 
  • Comments
  • 14
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Favorites
Recency  | 
Popularity
photo
HUFFPOST SUPER USER
Dale Chan
Hope is both panacea and poison.
07:32 PM on 02/17/2012
This perversion of language, from the misleading naming of bills, and the dirty play of leading statements that align opponents with pedophiles or fascism, is truly a danger to democracy. This twisting of language attempts to sway opinion not through rational debate, which should always be the standard in democracy, but instead through obvious emotional manipulation and spurious character assassination. When Vic Toews said, "He can either stand with us or with the child pornographers," he did so in an attempt to shut down debate on an issue that urgently requires it. It is the duty of every citizen to question the words that come out of the mouths of those who lead us, and if you are not ready to do that duty, then don't be upset when suddenly you find you're not as free as you once were.
03:37 PM on 02/17/2012
Someone should start a website or twitter feed renaming the bills the cons come up with. It would draw much-needed attention to what they are up to, as well as provide big laughs like the Tell Vic Everything twitters. I think well-placed ridicule is just what the cons - and all politicians, for that matter - need.
HUFFPOST SUPER USER
jamster88
03:05 PM on 02/17/2012
The name of the bill is disgraceful.

But the bill is required.

There is no way around it.
photo
HUFFPOST SUPER USER
Dale Chan
Hope is both panacea and poison.
07:17 PM on 02/17/2012
No other way around it? So either we give law enforcement agencies unrestricted access to our personal online information, or the pedophiles win? Is this the scenario?
photo
HUFFPOST SUPER USER
Thomas Green
07:47 PM on 02/17/2012
What's your view on taking all guns away to protect children? If you disagree you must like shooting babies in the head.
01:00 PM on 02/17/2012
when they cut OAS and move retirement age to 67--the act will be called -
03:29 PM on 02/17/2012
"An Act to Aid Seniors in Keeping Active"??
photo
HUFFPOST SUPER USER
Dale Chan
Hope is both panacea and poison.
07:33 PM on 02/17/2012
The Freedom 67 Act?
photo
HUFFPOST SUPER USER
Runey
religion is why we can't have nice things.
09:58 AM on 02/17/2012
Unfortunately, this type of rhetoric seems to have spawned from the much maligned naming practices already long in play in the United States. 'Citizens United' for example.
HUFFPOST SUPER USER
Skookum1
truth can't be bought, but lies sure can be sold..
10:37 AM on 02/17/2012
Actually the hijacking of the term "reform" to advance right-wing values and retrogressive policies by the Reform Party is a good example of a long-standing abuse of word-meaning in Canada.....what reforms? The ones they wanted they've now abandoned, they came into Parliament talking about reforming it; now they're retrenching its abusive and authoritarian tendencies and resisting any REAL reform.......

Another example in Canada, though with well-known roots in a parallel campaign in the US Pacific Northwest by rightist ideologues there, was the "Share BC" movement, financed by the forest industry, which was the main anti-environmental thrust of resource politics in the early 80s...."share" meaning "all the trees will cut and the mines dug because non-resource "users" have to "share" the landscape with industry, when really it's a monopoly of industry that was being dug into place....individuals and communities suckered by the Share BC movement now have a bad taste in their mouths; despite trying to shove the blame onto the ecological movement, their mills have gone, their trees are all gone, their jobs have gone, their jacked local real estate values evaporated....."share" is like "trickle-down" and "reform" and other terms the right have adopted/re-branded themselves with......
photo
HUFFPOST SUPER USER
gx5000
Life's too short, be happy..
11:16 AM on 02/17/2012
"become standard Conservative salesmanship"

Meh, they've all done it, My favorite from the US was "The Clean Air Act of 2004" which ended up raising the amounts of certain pollutants into the air.....
09:55 AM on 02/17/2012
Double Speak is nothing new. The Cons are such amateurs, taking every play from Mao's 1950's playbook.