Category Archives: public policy

Statistics Canada Data to become OpenData – Background, Winners and Next Steps

As some of you learned last night, Embassy Magazine broke the story that all of Statistics Canada’s online data will not only be made free, but released under the Government of Canada’s Open Data License Agreement (updated and reviewed earlier this week) that allows for commercial re-use.

This decision has been in the works for months, and while it does not appear to have been formally announced, Embassy Magazine does appear to have managed to get a Statistics Canada spokesperson to confirm it is true. I have a few thoughts about this story: Some background, who wins from this decision, and most importantly, some hope for what it will, and won’t lead to next.

Background

In the embassy article, the spokesperson claimed this decision had been in the works for years, something that is probably technically true. Such a decision – or something akin to it – has likely been contemplated a number of times. And there have been a number of trials and projects that have allowed for some data to be made accessible albeit under fairly restrictive licenses.

But it is less clear that the culture of open data has arrived at StatsCan, and less clear to me that this decision was internally driven. I’ve met many a Statscan employee who encountered enormous resistance while advocating for data open. I remember pressing the issue during a talk at one of the department’s middle managers conference in November of 2008 and seeing half the room nod vigorously in agreement, while the other half crossed it arms in strong disapproval.

Consequently, with the federal government increasingly interested in open data, coupled with a desire to have a good news story coming out of statscan after last summer census debacle, and with many decisions in Ottawa happening centrally, I suspect this decision occurred outside the department. This does not diminish its positive impact, but it does mean that a number of the next steps, many of which will require StatsCan to adapt its role, may not happen as quickly as some will hope, as the organization may take some time to come to terms with the new reality and the culture shift it will entail.

This may be compounded by the fact that there may be tougher news on the horizon for StatsCan. With every department required to have submitted proposal to cut their budgets by either 5% and 10%, and with StatsCan having already seen a number of its programs cut, there may be fewer resources in the organization to take advantage of the opportunity making its data open creates, or even just adjust to what has happened.

Winners (briefly)

The winners from this decision are of course, consumers of statscan’s data. Indirectly, this includes all of us, since provincial and local governments are big consumers of statscan data and so now – assuming it is structured in such a manner – they will have easier (and cheaper) access to it. This is also true of large companies and non-profits which have used statscan data to locate stores, target services and generally allocate resources more efficiently. The opportunity now opens for smaller players to also benefit.

Indeed, this is the real hope. That a whole new category of winners emerges. That the barrier to use for software developers, entrepreneurs, students, academics, smaller companies and non-profits will be lowered in a manner that will enable a larger community to make use of the data and therefor create economic or social goods.

Such a community, however, will take time to evolve, and will benefit from support.

And finally, I think StatsCan is a winner. This decision brings it more profoundly into the digital age. It opens up new possibilities and, frankly, pushes a culture change that I believe is long over due. I suspect times are tough at StatsCan – although not as a result of this decision – this decision creates room to rethink how the department works and thinks.

Next Steps

The first thing everybody will be waiting for is to see exactly what data gets shared, in what structure and to what detail. Indeed this question arose a number of times on twitter with people posting tweets such as “Cool. This is all sorts of awesome. Are geo boundary files included too, like Census Tracts and postcodes?” We shall see. My hope is yes and I think the odds are good. But I could be wrong, at which point all this could turn into the most over hyped data story of the year. (Which actually matters now that data analysts are one of the fastest growing categories of jobs in North America).

Second, open data creates an opportunity for a new and more relevant role for StatsCan to a broader set of Canadians. Someone from StatsCan should talk to the data group at the World Bank around their transformation after they launched their open data portal (I’d be happy to make the introduction). That data portal now accounts for a significant portion of all the Bank’s web traffic, and the group is going through a dramatic transformation, realizing they are no longer curators of data for bank staff and a small elite group of clients around the world but curators of economic data for the world. I’m told a new, while the change has not been easy, a broader set of users have brought a new sense of purpose and identity. The same could be true of StatsCan. Rather than just an organization that serves the government of Canada and a select groups of clients, StatsCan could become the curators of data for all Canadians. This is a much more ambitious, but I’d argue more democratized and important goal.

And it is here that I hope other next steps will unfold. In the United States, (which has had free census data for as long as anyone I talked to can remember) whenever new data is released the census bureau runs workshops around the country, educating people on how to use and work with its data. StatsCan and a number of other partners already do some of this, but my hope is that there will be much, much more of it. We need a society that is significantly more data literate, and StatsCan along with the universities, colleges and schools could have a powerful role in cultivating this. Tracey Lauriault over at the DataLibre blog has been a fantastic advocate of such an approach.

I also hope that StatsCan will take its role as data curator for the country very seriously and think of new ways that its products can foster economic and social development. Offering APIs into its data sets would be a logical next step, something that would allow developers to embed census data right into their applications and ensure the data was always up to date. No one is expecting this to happen right away, but it was another question that arose on twitter after the story broke, so one can see that new types of users will be interested in new, and more efficient ways, of accessing the data.

But I think most importantly, the next step will need to come from us citizens. This announcement marks a major change in how StatsCan works. We need to be supportive, particularly at a time of budget cuts. While we are grateful for open data, it would be a shame if the institution that makes it all possible was reduced to a shell of its former self. Good quality data – and analysis to inform public policy – is essential to a modern economy, society, and government. Now that we will have free access to what our tax dollars have already paid for, let’s make sure that it stays that way, by both ensure it continues to be available, and that there continues to be a quality institution capable of collecting and analyzing it.

(sorry for typos – it’s 4am, will revise in the morning)

The New Government of Canada Open Data License: The OGL by another name

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Last week the Minister Clement issued a press release announcing some of the progress the government has made on its Open Government Initiatives. Three things caught my eye.

First, it appears the government continues to revise its open data license with things continuing to trend in the right direction.

As some of you will remember, when the government first launched data.gc.ca it had a license that was so onerous that it was laughable. While several provisions were problematic, my favourite was the sweeping, “only-make-us-look-good-clause” which, said, word for word: “You shall not use the data made available through the GC Open Data Portal in any way which, in the opinion of Canada, may bring disrepute to or prejudice the reputation of Canada.”

After I pointed out the problems with this clause to then Minister Day, he managed to have it revoked within hours – very much to his credit. But it is a good reminder to the starting point of the government license and to the mindset of government Canada lawyers.

With the new license, almost all the clauses that would obstruct commercial and non-profit reuse have effectively been eliminated. It is no longer problematic to identify individual companies and the attribution clauses have been rendered slightly easier. Indeed, I would argue that the new license has virtually the same constraints as the UK Open Government License (OGL) and even the Creative Commons CC-BY license.

All this begs the question… why not simply use the language and structure of the OGL in much the same manner that British Columbia Government tried to with its own BC OGL? Such a standardized license across jurisdictions might be helpful, it would certainly simply life for think tanks, academics, developers and other users of the data. This is something I’m pushing for and hope that we might see progress on.

Second, the idea that the government is going to post completed access to information (ATIP) requests online is also a move in the right direction. I suspect that the most common ATIP request is one that someone else has already made. Being able to search through previous requests would enable you to find what you are looking for without having to wait weeks or make public servants redo the entire search and clearing process. What I don’t understand is why only post the summaries? In a digital world it would be better for citizens, and cheaper for the government to simply post the entire request whenever privacy policies wouldn’t prevent it.

Third, and perhaps most important were the lines noting that “That number (of data sets) will continue to grow as the project expands and more federal departments and agencies come onboard. During this pilot project, the Government will also continue to monitor and consider national and international best practices, as well as user feedback, in the licensing of federal open data.”

This means that we should expect more data to hit the site. I seems as though more departments are being asked to figure out what data they can share – hopefully this means that real, interesting data sets will be made public. In particular one hopes that data sets which legislation mandates the government collect, will be high on the list of priorities. Also interesting in this statement is the suggestion that the government will consider national and international best practices. I’ve talked to both the Minister and officials about the need to create common standards and structures for open data across jurisdictions. Fostering and pushing these is an area where the government could take a leadership role and it looks like there may be interesting in this.

Weaving Foreign Ministries into the Digital Era: Three ideas

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Last week I was in Ottawa giving a talk at the Department of Foreign Affairs talking about how technology, new media and open innovation will impact the department’s it work internally, across Ottawa and around the world.

While there is lots to share, here are three ideas I’ve been stewing on:

Keep more citizens safe when abroad – better danger zone notification

Some people believe that open data isn’t relevant to departments like Foreign Affairs or the State Department. Nothing could be further than the truth.

One challenge the department has is getting Canadians to register with them when they visit or live in a country labeled by the department as problematic for traveling in its travel reports (sample here). As you can suspect, few Canadians register with the embassy as they are likely not aware of the program or travel a lot and simply don’t get around to it.

There are other ways of tackling this problem that might yield broader participation.

Why not turn the Travel Report system into an open data with an API? I’d tackle this by approaching a company like TripIt. Every time I book an airplane ticket or a hotel I simply forward TripIt the reservation, which they scan and turn into events that then automatically appear my calendar. Since they scan my travel plans they also know which country, city and hotel I’m staying in… they also know where I live and could easily ask me for my citizenship. Working with companies like TripIt (or Travelocity, Expedia, etc…) DFAIT could co-design an API into the departments travel report data that would be useful to them. Specifically, I could imagine that if TripIt could query all my trips against those reports then any time they notice I’m traveling somewhere the Foreign Ministry has labelled “exercise a high-degree of caution” or worse trip TripIt could ask me if I’d be willing to let them forward my itinerary to the department. That way I could registry my travel automatically, making the service more convenient for me, and getting the department more information that it believes to be critical as well.

Of course, it might be wise to work with the State Department so that their travel advisories used a similarly structured API (since I can assume TripIt will be more interested in the larger US market than the Canadian market) But facilitating that conversation would be nothing but wins for the department.

More bang for buck in election monitoring

One question that arose during my talk came from an official interested in elections monitoring. In my mind, one thing the department should be considering is a fund to help local democracy groups spin up installations of Ushahidi in countries with fragile democracies that are gearing up for elections. For those unfamiliar with Ushahidi it is a platform developed after the disputed 2007 presidential election in Kenya that plotted eyewitness reports of violence sent in by email and text-message on a google map.

Today it is used to track a number of issues – but problems with elections remain one of its core purposes. The department should think about grants that would help spin up a Ushahidi install to enable citizens of the country register concerns and allegations around fraud, violence, intimidation, etc… It could then verify and inspect issues that are flagged by the countries citizens. This would allow the department to deploy its resources more effectively and ensure that its work was speaking to concerns raised by citizens.

A Developer version of DART?

One of the most popular programs the Canadian government has around international issues is the Disaster Assistance Response Team (DART). In particular, Canadians have often been big fans of DART’s work in purifying water after the boxing day tsunami in Asia as well as its work in Haiti. Maybe the department could have a digital DART team, a group of developers that, in an emergency could help spin up Ushahidi, Fixmystreet, or OpenMRS installations to provide some quick but critical shared infrastructure for Canadians, other countries’ response teams and for non-profits. During periods of non-crisis the team could work on these projects or supporting groups like CrisisCommons or OpenStreetMaps, helping contribute to open source projects that can be instrumental in a humanitarian crisis.

Gov 2.0: Network Analysis for Income Inequality?

Using Open Data to drive good policy outcomes – Vancouver’s Rental Database

As Canada Searches for its Open Government Partnership Commitments: A Proposal

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Just before its launch in New York on September 20th, the Canadian Government agreed to be a signatory of the Open Government Partnership (OGP). Composed of over 40 countries the OGP signatories are required to create a list of commitments they promise to implement. Because Canada signed on just before the deadline it has not – to date – submitted its commitments. As a result, there is a fantastic window for the government to do something interesting with this opportunity.

So what should we do? Here are the top 5 suggestions I propose for Canada’s OGP Commitments:

Brief Background on Criteria:

Before diving in, it is worth letting readers know that there are some criteria for making commitments. Specifically, any commitment must tackle at least one of the five “core” challenges: improve public services, increase public integrity, more effectively manage public resources, create safer communities, and increase corporate accountability.

In addition, each recommendation should reflect at least one of the core OGP principles, which are: transparency, citizen participation, accountability, and technology and innovation.

The Top Ten

Having reviewed several other countries commitments and being familiar with both what Canada has already done and what it could do, attached are 10 commitments I would like to see our government make to the OGP.

1. Be open about developing the commitments

Obviously there are a number of commitments the government is going to make since they are actions or programs that government was going to launch anyways. In addition, there will be some that will be new ideas that public servants or politicians have been looking for an opportunity to champion and now have an excuse. This is all fine and part of the traditional way government works.

But wouldn’t it be nice if – as part of the open government partnership – we asked citizens what they thought the commitments should be? That would make the process nicely consistent with the principles and goals of the OGP.

Thus the government should launch a two week crowd sourced idea generator, much like it did during the Digital Economy consultations. This is not suggestion that the ideas submitted must become part of the commitments, but they should inform the choices. This would be a wonderful opportunity to hear what Canadians have to say. In addition, the government could add some of its own proposal into the mix and see what type of response they get from Canadians.

2. Redefine Public as Digital: Pass an Online Information Act

At this year’s open government data camp in Warsaw, the always excellent Tom Steinberg noted that creating a transparent government and putting in place the information foundations of a digital economy will be impossible unless access to government data is not a gift from government (that can be taken away) but a right every citizen has. At the same time Andrew Rasiej of Tech President advocated that we must redefine public as digital. A paper print out in a small office in the middle of nowhere, does not make for “public disclosure” in the 21st century. It’s bad for democracy, it’s bad for transparency, and it is grossly inefficient for government.

Thus, the government should agree to pass a Online Information Act, perhaps modeled on that proposed in the US Senate, that

a) Any document it produces should be available digitally, in a machine readable format. The sham that the government can produce 3000-10,000 printed pages about Afghan detainees or the F-35 and claim it is publicly disclosing information must end.

b) Any data collected for legislative reasons must be made available – in machine readable formats – via a government open data portal.

c) Any information that is ATIPable must be made available in a digital format. And that any excess costs of generating that information can be born by the requester, up until a certain date (say 2015) at which point the excess costs will be born by the ministry responsible. There is no reason why, in a digital world, there should be any cost to extracting information – indeed, I fear a world where the government can’t cheaply locate and copy its own information for an ATIP request as it would suggest it can’t get that information for its own operations.

3. Sign the Extractive Industries Transparency Initiative

As a leader in the field of resource extraction it is critical that Canada push for the highest standards in a sector that all too often sees money that should be destined for the public good get diverted into the hands of a few well connected individuals. Canada’s reputation internationally has suffered as our extractive resource sector is seen as engaging in a number of problematic practices such as bribing public officials – this runs counter to the Prime Minister’s efforts to promote democracy.

As a result, Canada should sign, with out delay, the Extractive Industries Transparency Initiative, much like the United States did in September. This can help signal our desire for a transparent extractive industry, one in which we play a significant role.

4. Sign on to the International Aid Transparency Initiative

Canada has already taken significant steps to publishing its aid data online, in machine readable formats. This should be applauded. The next step is to do so in a way that conforms with international standards so that this data can be assessed against the work of other donors.

The International Aid Transparency Initiative (IATI) offers an opportunity to increase transparency in foreign aid, better enable the public to understand its aid budget, compare the country’s effectiveness against others and identify duplication (and thus poorly used resources) among donors. Canada should agree to implement IATI immediately. In addition, it should request that the organizations it funds also disclose their work in ways that are compliant with IATI.

5. Use Open Data to drive efficiency in Government Services: Require the provinces to share health data – particularly hospital performance – as part of its next funding agreement within the Canada Health Act.

Comparing hospitals to one another is always a difficult task, and open data is not a panacea. However, more data about hospitals is rarely harmful and there are a number of issues on which it would be downright beneficial. The most obvious of these would be deaths caused by infection. The number of deaths that occur due to infections in Canadian hospitals is a growing problem (sigh, if only open data could help ban the antibacterial wipes that are helping propagate them). Having open data that allows for league tables to show the scope and location of the problem will likely cause many hospitals to rethink processes and, I suspect, save lives.

Open data can supply some of the competitive pressure that is often lacking in a public healthcare system. It could also better educate Canadians about their options within that system, as well as make them more aware of its benefits.

6. Reduce Fraud: Find Fraud by Creating a Death List

In an era where online identity is a problem it is surprising to me that I’m unable to locate a database of expired social insurance numbers. Being able to querry a list of social security numbers that belong to dead people might be a simple way to prevent fraud. Interestingly, the United States has just such a list available for free online. (Side fact: Known as the Social Security Death Index this database is also beloved by genealogist who use it to trace ancestry).

7. Save lives by publishing a API of recall data

The only time the public finds out about a product recall is after someone has died. This is a terribly tragic, not to mention grossly inefficient, outcome. Indeed, the current approach is a classic example of using 21st century technology to deliver a service in a 19th century manner. If the government is interested in using the OGP to improve government services it should stop just issuing recall press releases and also create an open data feed of recalled products. I expand on this idea here.

If the government were doubly smart it would work with major retailers – particularly in the food industry – to ensure that they regularly tap into this data. In an ideal world any time Save-on-Foods, Walmart, Safeway, or any other retailers scans product in their inventory it would immediately check it against the recall database, allowing bad food to be pulled out of production before it hits the shelves. In addition, customers who use loyalty cards could be called or emailed to be informed that they had bought a product that had been recalled. This would likely be much more effective than hoping the media picks the story up.

8. Open Budget and Actual Spending Data

For almost a year the UK government has published all spending data, month by month, for each government ministry (down to the £500 in some, £25,000 in others). More over, as an increasing number of local governments are required to share their spending data it has lead to savings, as government begin to learn what other ministries and governments are paying for similar services.

Another bonus is that it becomes possible to talk about the budget in new and interesting ways. This BEAUTIFUL graphic was published in the Guardian, while still complicated it is much easier to understand than any government document about the budget I have ever seen.

9. Allow Government Scientists to speak directly to the media about their research.

It has become a reoccurring embarrassment. Scientists who work for Canada publish an internationally recognized ground break paper that provides some insight about the environment or geography of Canada and journalists must talk to government scientists from other countries in order to get the details. Why? Because the Canadian government blocks access. Canadians have a right to hear the perspectives of scientists their tax dollars paid for – and enjoy the opportunity to get as well informed as the government on these issues.

Thus, lift the ban that blocks government scientists from speaking with the media.

10. Create a steering group of leading Provincial and Municipal CIOs to create common schema for core data about the country.

While open data is good, open data organized the same way for different departments and provinces is even better. When data is organized the same way it makes it easier to citizens to compare one jurisdiction against another, and for software solutions and online services to emerge that use that data to enhance the lives of Canadians. The Federal Government should use its convening authority to bring together some of the countries leading government CIOs to establish common data schemas for things like crime, healthcare, procurement, and budget data. The list of what could be worked on is virtually endless, but those four areas all represent data sets that are frequently requested, so might make for a good starting point.

The State of Open Data 2011

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What is the state of the open data movement? Yesterday, during my opening keynote at the Open Government Data Camp (held this year in Warsaw, Poland) I sought to follow up on my talk from last year’s conference. Here’s my take of where we are today (I’ll post/link to a video of the talk as soon as the Open Knowledge Foundation makes it available).

Successes of the Past Year: Crossing the Chasm

1. More Open Data Portals

One of the things that has been amazing to witness in 2011 is the veritable explosion of Open Data portals around the world. Today there are well over 50 government data catalogs with more and more being added. The most notable of these was probably the Kenyan Open Data catalog which shows how far, and wide, the open data movement has grown.

2. Better Understanding and More Demand

The things about all these portals is that they are the result of a larger shift. Specifically, more and more government officials are curious about what open data is. This is not to say that understanding has radically shifted, but many people in government (and in politics) now know the term, believe there is something interesting going on in this space, and want to learn more. Consequently, in a growing number of places there is less and less headwind against us. Rather than screaming from the rooftops, we are increasingly being invited in the front door.

3. More Experimentation

Finally, what’s also exciting is the increased experimentation in the open data space. The number of companies and organizations trying to engage open data users is growing. ScraperWiki, the DataHub, BuzzData, Socrata, Visua.ly, are some of the products and resources that have emerged out of the open data space. And the types of research and projects that are emerging – the tracking of the Icelandic volcano eruptions, the emergence of hacks and hackers, micro projects (like my own Recollect.net) and the research showing that open data could be generating savings of £8.5 million a year to governments in the Greater Manchester area, is deeply encouraging.

The Current State: An Inflection Point

The exciting thing about open data is that increasingly we are helping people – public servants, politicians, business owners and citizens imagine a different future, one that is more open, efficient and engaging. Our impact is still limited, but the journey is still in its early days. More importantly, thanks to success (number 2 above) our role is changing. So what does this mean for the movement right now?

Externally to the movement, the work we are doing is only getting more relevant. We are in an era of institution failure. From the Tea Party to Occupy Wall St. there is a recognition that our institutions no longer sufficiently serve us. Open data can’t solve this problem, but it is part of the solution. The challenge of the old order and the institutions it fostered is that its organizing principle is built around the management (control) of processes, it’s been about the application of the industrial production model to government services. This means it can only move so fast, and because of its strong control orientation, can only allow for so much creativity (and adaption). Open data is about putting the free flow of information at the heart of government – both internally and externally – with the goal of increasing government’s metabolism and decentralizing societies’ capacity to respond to problems. Our role is not obvious to the people in those movements, and we should make it clearer.

Internally to the movement, we have another big challenge. We are at a critical inflection point. For years we have been on the outside, yelling that open data matters. But now we are being invited inside. Some of us want to rush in, keen to make advances, others want to hold back, worried about being co-opted. To succeed, it is essential we must become more skilled at walking this difficult line: engaging with governments and helping them make the right decisions, while not being co-opted or sacrificing our principles. Choosing to not engage would, in my opinion, be to abscond from our responsibility as citizens and open data activists. This is a difficult transition, but it will be made easier if we at least acknowledge it, and support one another in it.

Our Core Challenges: What’s next

Looking across the open data space, my own feeling is that there are three core challenges that are facing the open data movement that threaten to compromise all the successes we’ve currently enjoyed.

1. The Compliance Trap

One key risk for open data is that all our work ends up being framed as a transparency initiative and thus making data available is reduced to being a compliance issue for government departments. If this is how our universe is framed I suspect in 5-10 years governments, eager to save money and cut some services, will choose to cut open data portals as a cost saving initiative.

Our goal is not to become a compliance issue. Our goal is to make governments understand that they are data management organizations and that they need to manage their data assets with the same rigour with which they manage physical assets like roads and bridges. We are as much about data governance as we are open data. This means we need to have a vision for government, one where data becomes a layer of the government architecture. Our goal is to make data platform one that not only citizens outside of government can build on, but one that government reconstructs its policy apparatus as well as its IT systems at top of. Achieving this will ensure that open data gets hardwired right into government and so cannot be easily shut down.

2. Data Schemas

This year, in the lead up to the Open Data Camp, the Open Knowledge Foundation created a map of open data portals from around the world. This was fun to look at, and I think should be the last time we do it.

We are getting to a point where the number of data portals is becoming less and less relevant. Getting more portals isn’t going to enable open data to scale more. What is going to allow us to scale is establishing common schemas for data sets that enable them to work across jurisdictions. The single most widely used open government data set is transit data, which because it has been standardized by the GTFS is available across hundreds of jurisdictions. This standardization has not only put the data into google maps (generating millions of uses everyday) but has also led to an explosion of transit apps around the world. Common standards will let us scale. We cannot forget this.

So let’s stop mapping open data portals, and start mapping datasets that adhere to common schemas. Given that open data is increasingly looked upon favourably by governments, creating these schemas is, I believe, now the central challenge to the open data movement.

3. Broadening the Movement

I’m impressed by the hundreds and hundreds of people here at the Open Data Camp in Warsaw. It is fun to be able to recognize so many of the faces here, the problem is that I can recognize too many of them. We need to grow this movement. There is a risk that we will become complacent, that we’ll enjoy the movement we’ve created and, more importantly, our roles within it. If that happens we are in trouble. Despite our successes we are far from reaching critical mass.

The simple question I have for us is: Where is the United Way, Google, Microsoft, the Salvation Army, Oxfam, and Greenpeace? We’ll know were are making progress when companies – large and small – as well as non-profits – start understanding how open government data can change their world for the better and so want to help us advance the cause.

Each of us needs to go out and start engaging these types of organizations and helping them see this new world and the potential it creates for them to make money or advance their own issues. The more we can embed ourselves into other’s networks, the more allies we will recruit and the stronger we will be.

Insite: Evidence, compassion and effectiveness overcome fear and reactiveness

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I’m so deeply pleased to hear that the Supreme Court has ordered the federal government to allow Insite, Vancouver’s supervised injection site, to stay open. While on one level the case was about a battle of powers between the provincial and federal government – does health policy trump criminal law – at a deeper level it was a case about evidence based public policy. The question was, when lives are at stake and people will die as a result of a policy choice, can ideology trump evidence?

The answer, for now, is no.

Thank god.

It is great to know that data, analysis, evidence, along with compassion and effectiveness can overcome fear and closed mindedness.

For those unfamiliar with Insite, it is a needle injection site, where heroine users can use drugs under the supervision of a nurse. There has not been one death at the injection site since its opening in 2003 (unlike on the streets), and the facility reduces the spread of AIDS and other diseases, puts users in contact with the health system where they are more likely to ask for help and get into detox, as well as takes pressure off (and reduces costs) the regular medical system, in particular ambulatory services and the emergency room. In Vancouver, it is a measure that has support across the spectrum, from the left to the right.

To read more on the Supreme Court ruling it can be found here. My friend DR points out that paragraph 140 is particularly relevant. It is in this piece that the court discusses how the government may set policy, but it cannot do so in a way that violates Canadians “right to life.” Removing access to Insite diminishes greatly the prospect of an addict to not only live, but to find the help they need and so meets that test:

[139] Canada submits that exempting Insite from the prohibitions in the CDSA “would effectively turn the rule of law on its head by dictating that where a particular individual breaks the law with such frequency and persistence that he or she becomes unable to comply with it, it is unconstitutional to apply the law to that person” (A.F., at para. 101). Canada raises the spectre of a host of exempt sites, where the country’s drug laws would be flouted with impunity.

[140] The conclusion that the Minister has not exercised his discretion in accordance with the Charter in this case, is not a licence for injection drug users to possess drugs wherever and whenever they wish. Nor is it an invitation for anyone who so chooses to open a facility for drug use under the banner of a “safe injection facility”. The result in this case rests on the trial judge’s conclusions that Insite is effective in reducing the risk of death and disease and has had no negative impact on the legitimate criminal law objectives of the federal government. Neither s. 56 of the CDSA nor s. 7 of the Charter require condonation of crime. They demand only that, in administering the criminal law, the state not deprive individuals of their s. 7 rights to life, liberty and security of the person in a manner that violates the principles of fundamental justice.

There will be lots of coverage on this. I’ve already linked to the Globe article above. It also appears Maclean’s will be writing quite a it on this (good for them) as they have had some truly excellent and disturbing coverage on this issue in the past.

The Geopolitics of the Open Government Partnership: the beginning of Open vs. Closed

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Aside from one or two notable exceptions, there hasn’t been a ton of press about the Open Government Partnership (OGP). This is hardly surprising. The press likes to talk about corruption and bad government, people getting together to talk about actually address these things in far less sexy.

But even where good coverage exists analysts and journalists are, I think, misunderstanding the nature of the partnership and its broader implications should it take hold. Presently it is generally seen as a do good project, one that will help fight corruption and hopefully lead to some better governance (both of which I hope will be true). However, the Open Government Partnership isn’t just about doing good, it has real strategic and geopolitical purposes.

In fact, the OGP is, in part, about a 21st century containment strategy.

For those unfamiliar with 20th century containment, a brief refresher. Containment refers to a strategy outlined by a US diplomat – George Kennan – who while posted in Moscow wrote the famous The Long Telegram in which he outlined the need for a more aggressive policy to deal with an expansionist post-WWII Soviet Union. He argued that such a policy would need to seek to isolate the USSR politically and strategically, in part by positioning the United States as a example in the world that other countries would want to work with. While discussions of “containment” often focus on its military aspects and the eventual arms race, it was equally influential in prompting the ideological battle between the USA and USSR as they sought to demonstrate whose “system” was superior.

So I repeat. The OGP is part of a 21st century containment policy. And I’d go further, it is a effort to forge a new axis around which America specifically, and a broader democratic camp more generally, may seek to organize allies and rally its camp. It abandons the now outdated free-market/democratic vs. state-controlled/communist axis in favour of a more subtle, but more appropriate, open vs. closed.

The former axis makes little sense in a world where authoritarian governments often embrace (quasi) free-market to reign, and even have some of the basic the trappings of a democracy. The Open Government Partnership is part of an effort to redefine and shift the goal posts around what makes for a free-market democracy. Elections and a market place clearly no longer suffice and the OGP essentially sets a new bar in which a state must (in theory) allow itself to be transparent enough to provide its citizens with information (and thus power), in short: it is a state can’t simple have some of the trappings of a democracy, it must be democratic and open.

But that also leaves the larger question. Who is being contained? To find out that answer take a look at the list of OGP participants. And then consider who isn’t, and likely never could be, invited to the party.

OGP members

Notably Absent

Albania
Azerbaijan
Brazil
Bulgaria
Canada
Chile
Colombia
Croatia
Czech Republic
Dominican Republic
El Salvador
Estonia
Georgia
Ghana
Guatemala
Honduras
Indonesia
Israel
Italy
Jordon
Kenya
Korea
Latvia
Liberia
Lithuania
Macedonia
Malta
Mexico
Moldova
Mongolia
Montenegro
Netherlands
Norway
Peru
Philippines
Romania
Slovak Republic
South Africa
Spain
Sweden
Tanzania
Turkey
Ukraine
United Kingdom
United States
Uruguay

ChinaIran

Russia

Saudi Arabia

(Indeed much of the middle East)

Pakistan

*India is not part of the OGP but was involved in much of initial work and while it has withdrawn (for domestic political reasons) I suspect it will stay involved tangentially.

So first, what you have here is a group of countries that are broadly democratic. Indeed, if you were going to have a democratic caucus in the United Nations, it might look something like this (there are some players in that list that are struggling, but for them the OGP is another opportunity to consolidate and reinforce the gains they’ve made as well as push for new ones).

In this regards, the OGP should be seen as an effort by the United States and some allies to find some common ground as well as a philosophical touch point that not only separates them from rivals, but that makes their camp more attractive to deal with. It’s no trivial coincidence that on the day of the OGP launch the President announced the United States first fulfilled commitment would be its decision to join the Extractive Industries Transparency Initiative (EITI). The EITI commits the American oil, gas and mining companies to disclose payments made to foreign governments, which would make corruption much more difficult.

This is America essentially signalling to African people and their leaders – do business with us, and we will help prevent corruption in your country. We will let you know if officials get paid off by our corporations. The obvious counter point to this is… the Chinese won’t.

It’s also why Brazil is a co-chair, and the idea was prompted during a meeting with India. This is an effort to bring the most important BRIC countries into the fold.

But even outside the BRICs, the second thing you’ll notice about the list is the number of Latin American, and in particular African countries included. Between the OGP, the fact that the UK is making government transparency a criteria for its foreign aid, and that World Bank is increasingly moving in the same direction, the forces for “open” are laying out one path for development and aid in Africa. One that rewards governance and – ideally – creates opportunities for African citizens. Again, the obvious counter point is… the Chinese won’t.

It may sounds hard to believe but the OGP is much more than a simple pact designed to make heads of state look good. I believe it has real geopolitical aims and may be the first overt, ideological salvo in the what I believe will be the geopolitical axis of Open versus Closed. This is about finding ways to compete for the hearts and minds of the world in a way that China, Russia, Iran and others simple cannot. And, while I agree we can debate the “openness” of the various the signing countries, I like the idea of world in which states compete to be more open. We could do worse.

Canada Joins the Open Government Partnership

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I’m in New York today for the launch of the Open Government Partnership and it looks as the Canada is now a signatory (or at least has signed a letter of intent).

No commitments are outlined, but I will link to them when they are posted.

The Open Government Partnership was launched by the White House and the State Department earlier this year with 8 founding countries. The goal is to get a coalition of governments around the world to commit to implementing a series of initiatives to improve government transparency, effectiveness and accountability. You can read more here.

For those interested, the launch of the event will be livestreamed here. If you’re at the event, I’ll be hosting the lunch on “How to identify and prioritize core classes of information for public disclosure.”

Updated: here’s a video…

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