Inkless Wells

Inkless Wells

Paul Wells on all the latest out of Ottawa—along with the occasional post about jazz. Follow Paul on Twitter: @InklessPW
He also offers his thoughtful perspective of Stephen Harper’s last 10 years in his recent eBook, The Harper Decade.

Rights and Democracy: Everybody had a busy weekend

by Paul Wells on Monday, January 25, 2010 4:35pm - 122 Comments

On Saturday friends and associates gathered for the Ottawa funeral of Rémy Beauregard, who was the president of Rights and Democracy, whose internal conflict I chronicled here. Already word was spreading among them that the organization’s board had met on Friday to choose a new interim replacement for Beauregard. The board chose Jacques Gauthier, who already serves as the board’s vice-chairman.

Careful observers of this story will recognize Gauthier as one of three board members, with chairman Aurel Braun and Elliot Tepper, whose resignation or replacement has been demanded by the centre’s staff in the wake of Beauregard’s death. That’s right: All 47 staffers (a figure Braun and his board allies dispute) call for these three to be removed from the board, and instead one of them becomes their boss. (Here’s Gauthier’s impressive bio.) (UPDATE: Turns out he published a doctoral thesis two years ago arguing that “Jerusalem belongs to the Jews by international law.”)

So we have the ingredients of a stand-off. If the staff wants Gauthier gone and he becomes their boss, and they meant what they said in that letter, then I don’t see a lot of different ways they can respond. Either the departure of Braun, Gauthier and Tepper was a condition of the employees’ continued service at Rights and Democracy, or they were bluffing and the new board faction has now called their bluff. (I am now hearing that at least one staff member has already handed in a resignation; I will try to get more information soon. UPDATE: I’m told this resignation predates Gauthier’s appointment. I apologize for the confusion.)

Meanwhile, David Matas has written an analysis of all this. He’s a Rights and Democracy board member too, and has been an ally of Braun’s, though he is not one of the ones the staff wants to see gone. Matas is the executive legal counsel for B’Nai Brith Canada. Since I stuck my nose into this mess, I’ve also heard Matas referred to, here and there, as a “Liberal” or a “two-time Liberal candidate.” I’ve only just learned he ran for the Liberals during the federal elections of… 1979 and 1980. By some definitions, that does indeed make him a Liberal. (UPPERDATE: A reader is concerned that I omit to mention Matas’s previous term on the Rights and Democracy board, when Jean Chrétien was prime minister. So now I’m not omitting it.)

Anyway, in a thoughtful analysis of events that took place before he rejoined the board, Matas takes issue with a staff allegation I repeat in my own column, which is that a small group on the board, led by Braun, had sent an evaluation of Beauregard to the Privy Council Office in Ottawa without letting Beauregard see it. Matas writes:

The (staff)  letter omits to mention a number of relevant facts. One is that the performance evaluation committee had obtained a legal opinion that its evaluation was a confidence of the Privy Council and could not be disclosed to the President. Second, the President nonetheless obtained a copy of the evaluation through an access to information request. Third, the committee had agreed to reconsider and amend its evaluation based on the comments the President had made after having seen the copy of the evaluation he had obtained through access to information. Fourth, the committee had made a number of changes based on these comments. Fifth, the President was free to write to the Privy Council himself to express any disagreement he might have with the evaluation as amended.

Students of logic, or of its glaring absence, will note that this is a bucket defence. Beauregard couldn’t see the evaluation because it was a “confidence of the Privy Council.” Beauregard could see the evaluation, so what’s the problem. The board committee agreed to change the evaluation after Beauregard saw the evaluation he wasn’t allowed to see, so double-what’s-the-problem. Finally, Beauregard could examine the changes to an evaluation he wasn’t allowed to see and suggest further changes, so what’s the etc. etc.

Here, I should point out that Matas’s essay compresses the timeline of things a bit. When he writes that “the President nonetheless obtained a copy of the evaluation,” he neglects to mention that this was after months of legal wrangling and two board meetings at which he was told that he would never be shown the evaluation of his own work. I’m also told that the fabulous, useless legal opinion that all of this was “a confidence of the Privy Council” was obtained after the decision not to show the evaluation to Beauregard, and at some cost to Rights and Democracy in legal fees.

So Matas’s account portrays as a harmless disagreement among friends what was in fact a protracted legal dispute in which the board committee lost its side of the argument and finally began, in the last days of Beauregard’s life, to change its tune.

But here’s what’s most intriguing about Matas’s essay defending the new board majority’s claim that all Rights and Democracy needs is a little transparency and openness. It’s that the essay is, for the moment, available here and nowhere else. On the website of author, erstwhile publisher and 2008 Conservative war room staffer Ezra Levant. That’s fair, but it seems worth pointing out.

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  • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

    well, i was more posting the link for the benefit of others CR.

    but as for substantive point, two things:

    1) while letter writing is nice and all, and appreciated, it doesn't excuse someone from critique

    2) i guess PW could have just left it at, while Matas has a range of partial excuses/explanations, he does not address the board's hypocrisy in demanding greater transparency while acting in an nontransparent manner, nor the measures taken to hinder transparency.

  • Kaplan

    They shouldn't, and those that do are served very, very poorly.

  • http://intensedebate.com/people/Jenn_ Jenn_

    Yes, sorry, just in case he didn't notice me the other three times. I mean, it can't be that he doesn't have a response he wants us to know, can it?

  • Mike T.

    Ezra's statement went beyond that. If he had left it at pro-Israel I'd be prepared to give it the benefit of the doubt he was only accusing people of not liking the foreign policy of Isreal. But he added two more and made it clear he was seeking euphemisms.

    It's a pretty vile accusation, esp. when you won't name names. Nice, Ezzie.

  • kcm

    Is that true? I've never been in Israel but a close friend of mine who did the kibbutz thing tells me the Israelis are incredibly tough minded, mentally tough people. A matter of necessiity no doubt.

  • http://intensedebate.com/people/Jenn_ Jenn_

    Yes, I would. I'd also like an explanation as to why, in 2007, in "interviews with almost all 43 Rights and Democracy employees, it uncovered "some persistent management, organizational, planning, accountability and reporting problems" that had strained relations between management and staff." And yet in 2009, it is the staff who is alleged to be against accountability and reporting. Presumably, the 43 staff in 2007 are part of the 47 staff in 2009, are they not?

  • Mulletaur

    Ha, the plot thickens.

    Extract from Gauthier's biography :

    "His doctoral thesis, published in 2007, focused on the international justice and human rights relating to competing claims to the city of Jerusalem."

    Very interesting. Didn't Joe Clark get into trouble when he suggested our embassy to Israel be moved to West Jerusalem ? Just askin'.

  • kcm

    Today
    Given Jerusalem's strong Jewish majority, Gauthier concludes, Israel should be demanding that the long-delayed city referendum on the city's future be held as soon as possible. Not only should Israel be demanding that the referendum be held now, Jerusalem should be the first order of business. "Olmert is sloughing us off by saying [as he did before the Annapolis Conference two months ago], 'Jerusalem is not on the table yet,'" Gauthier concludes. "He should demand that the referendum take place before the balance of the land is negotiated. If the Arabs won’t agree to the referendum, there is nothing to talk about."

    This is curious. Gauthier [ non jewish Canadian lawyer] is strangely identifying himself with a jewish cause, given his non jewish status.
    I'm not disputing his conclusions, just curious about his self indentification.
    Isn' t this position supposed to be arms length?

    .

  • kcm

    I wonder if someone could explain the utility of a govt run NGO. Isn't it rather a contradiction in terms? Wouldn't this sort of democracy outreach be better carried out by an official arm of govt, or a stand alone institution? Or has R&D actually been doing a good job on the whole? Well , iguess that's what we're trying to find out

    • http://intensedebate.com/people/YYZ YYZ

      It's doublespeak bigtime. George O would be proud.

  • Johnny Flag

    Another good read on Rights & Democracy from Saturday's National Post, and vindication for Remy Beauregard. A good man, it would seem. Shame on you, Levant.

    http://www.nationalpost.com/news/canada/story.htm…

  • Jan

    Keep asking the question. Non-answers tell a story of their own.

    • Anon

      Non-answers tell a story of their own.

      None that Levant worries about.

  • http://intensedebate.com/people/Jack_Mitchell Jack Mitchell

    I hate it when people libel Levant. The thought of all those morons smashing piggy banks makes me cry.

  • http://intensedebate.com/people/Inkless Inkless

    I take your last point. Staffers may conclude, for instance, that they won't give the new board majority the satisfaction of quitting. But I would draw different conclusions if I'd signed that letter.

  • Josh

    Wells' update is a link to israelnationalnews.com. That's the web presence of Arutz Sheva, the radio station of the Israeli settler movement – way out on the right-wing extreme of Israeli opinion, and unabashedly so. I would not trust them to provide an accurate, neutral description of the thesis.

  • http://intensedebate.com/people/sea_n_mountains sea_n_mountains

    good. apathy is lame.

  • Orson Bean

    . . . although I wouldn't give that advice to a stalker.

    • http://intensedebate.com/people/NorthernPoV NorthernPoV

      Ya it sounds like Jenn is figuratively "stalking" him, so to speak, here in the blogs!

      Good on you Jenn -
      This is part of the ongoing attempt to shut down candid political discourse in this country. As inefective as it might be, a little push back in the blog-sphere is not only appropriate but may even wake up a few somnolent Canadians from their "its the Conservatives' turn" mind set.

  • http://intensedebate.com/people/s_c_f s_c_f

    What's vile is that he may be right.

    • kcm

      Maybe an anti-semite may be an acceptible test of truth in your world or Ezra's. Most of the rest of us demand more.

  • kcm

    "Members of the evaluation committee insisted they were following Rights and Democracy bylaws, which say the committee is to report to the Privy Council. Mr. Gauthier said Mr. Beauregard declined an opportunity to view and discuss the findings in the weeks before the report was submitted. When Mr. Beauregard later requested a copy of the evaluation, Mr. Gauthier commissioned an outside legal opinion, which concluded that because the report contained recommendations to the Privy Council, it had to remain confidential"

    It gets murkier and murkier. If Beauregard declined an opportunity of seeing the critical review, then why did he have to go to the privy office to obtain it? And why the belated legal opinion? Someone is clearly lying ,or should i say misrepresenting the truth. Since this is very likely how the people who operate in this sort of legalistic world regard their rationalizing. Pity the good man or woman caught in this world.

  • Mike T.

    Stop talking.

  • http://intensedebate.com/people/Jack_Mitchell Jack Mitchell

    Asserting that an organisation's actions are anti-Semitic because one of their recipients was a member of a party (the PFLP) whose armed wing has committed acts of terrorism is one thing — something of a stretch, but fairly standard from the violently pro-Israel crowd. Asserting that the members of the organisation therefore don't like people "of the Mosaic persuasion," i.e. are personally anti-Semitic, is something else. It strikes me that it would be grotesquely libelous if directed at a particular person.

    • Your Old Pal

      Grotesquely libelous? The number of people successfully prosecuted or sued for making fake racism/sexism/"homophobia" claims in Canada appears to be holding steady at roughly zero. The SCOC actually ruled (poorly) on this recently in the Rafe Mair case: yeah, it's perfectly legal to smear your opponents as "Nazis" in Canada, with zero basis for making such claim, something that no doubt you gleefully approved of, so Ezra, a defamation lawyer, knows he's on safe legal ground here.

      It's funny, the people who have been most vocal in opposing Israeli human rights violations tend to be lefties, a group simply not used to having their own devastating tactics like fake racism claims used against them. When they step into the bear trap that is the Palestinian-Israeli debate I must confess to some joy in watching them – you – get smeared, wrongly, as "anti-semites". Reap what you sow, etc. It's too late, by the way, this is the New Canada. Speak out against Israeli war crimes and you put your career in jeopardy, and that is 100% the fault of leftists.

    • http://intensedebate.com/people/s_c_f s_c_f

      "an organisation's actions are anti-Semitic because one of their recipients was a member of a party (the PFLP) whose armed wing has committed acts of terrorism is one thing"

      Yes, and the fact that the rest of the organization not only think this is acceptable, but they are voting for the board to resign so that they can continue supporting terrorists.

      To blow up innocent people in a restaurant, or to fire rockets indiscriminately into towns, is an act of terrorism that can only be described as anti-semitic, especially when you put it in the context of the media portrayal of the Jewish people as a whole in the same region. Jews are routinely protrayed as blood-sucking subhuman creatures by the highest and lowest levels of Palestinian society, and much of this is fueling the conflict. Canadians who are supporting this terrorism directly with money and assistance can rightly be labeled anti-semitic.

      • http://intensedebate.com/people/Jenn_ Jenn_

        Obviously, supporting an organization that has a terrorist wing is something I do not support. I would hope the staff at Rights and Democracy would cancel all future monies to such an organization.

        The blanket statement you made about people who blow up people and towns being anti-semitic, while probably true to a very large extent, does get a quibble from me. They are undoubtedly, in this specific example, anti-Israel. But if we were to bomb, oh let us say Iraq, does that make us anti-muslim? I suggest to you it makes us anti-Iraq. I cannot believe how far this idea that criticizing a sovereign state is akin to criticizing a religion has spread. It's ridiculous.

        • http://intensedebate.com/people/s_c_f s_c_f

          Well, here are the differences:

          -unlike the Palestinians, in Iraq, innocent civilians were not intentionally targeted. While casualties of innocents did occur, the army intended to protected civilians, not harm them, while attacking insurgents, al qaeda terrorists and violent militants. Palestinians intentionally kill any Jews and all Jews, whether army, children or grandmothers. That shows a hatred that goes beyond the conflict and into the realms of racism and anti-semitism.

          -we do not glorify the killing of muslims, we do not call it 'fun', we do not hold annual celebrations commemorating the killing of innocent civilians
          http://www.israelnationalnews.com/News/News.aspx/…
          http://www.israelbehindthenews.com/bin/content.cg…

          -unlike the Palestinians, we do not portray Muslims as subhuman. In fact, we welcome Muslims into our society, we do not expel them.
          http://www.wnd.com/news/article.asp?ARTICLE_ID=47…

          -Palestinians show clear and obvious bias against their Israeli neighbours. For instance, they show no hostility to the closure of the border to the west, the Egyptian border. Only the Israeli border closing draws their scorn. They show no hostility towards all the neighbouring arab countries which have consistently refused to help them. Only to their Jewish neighbours. Why?

          -Jews have been expelled from Palestinian controlled territories and essentially all Arab countries.

          These reasons all identify ant-semitism as a significant component of Palestinian opposition to Israel.

          When you really think about it though, when you really, really think about it, you can see that this is also a reason why the conflict never ends. No amount of Israeli concessions have ever made any significant progress.

        • http://intensedebate.com/people/s_c_f s_c_f

          When it comes to this "human rights" group in Canada, anyone who funds this behaviour and supports this behaviour actively, is therefore also anti-semitic, for supporting and funding anti-semitic acts.

          • catherine

            and exactly how is B'Tselem (one of the 3 agencies singled out by Braun to supposedly demonstrate the depravity of other board members) involved in anti-semetic acts?

  • Canuckistanian

    Also, in the new guy's 'impressive bio', I thought this:

    "His doctoral thesis, published in 2007, focused on the international justice and human rights relating to competing claims to the city of Jerusalem."

    was a rather awkward phrasing. Your update confirmed my suspicions. Hilarious. Good work Mr. Wells.

  • Orson Bean

    That hasn't stopped Jenn_ from asking it. Several times, in more than one thread, in fact . . .

  • kcm

    And keep in mind they're doing this to their own…lord knows what they would have done if Beauregard had been a Liberal.

  • catherine

    Re the number of staffers who signed the letter, the Toronto Star is reporting:

    Now the agency's staff is in open revolt, with 45 of them (out of 47) signing a petition calling for the resignation of the government-appointed chair, University of Toronto Professor Aurel Braun.

    Can anyone confirm this number?

  • illbethejudge

    who cares? 45 of 47 people openly rebelling is pretty clear that there's something very, very wrong going on here.
    It would have to be something very serious before I'd sign a letter openly rebelling against my boss and asking he be removed. I don't expect these 45 or 47 people take their jobs so lightly that they'd just sign on the dotted line unless it was under circumstances that were intolerable. Of course, I've heard this nonsense with the boards is going on all over Ottawa, it's just the Rights and Democracy people have the intestinal fortitude to stand up against it.
    Paul Wells, you've done an excellent job at this, I hope you're looking into all the disgruntled NGO's, boards etc. As I've said before, it's time for someone to connect the BIG dots.

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