Montreal Gazette

Scientists won’t be muzzled

Confidenti­ality rules on Arctic project ‘all about control’

- MARGARET MUNRO

“This is a greater exertion of control over the communicat­ion of science. There is no other way to interpret it.”

JEFFREY HUTCHINGS, DALHOUSIE UNIVERSITY

A bid by the federal government to impose sweeping confidenti­ality rules on an Arctic science project has run into serious resistance in the United States.

“I’m not signing it,” said Andreas Muenchow of the University of Delaware, who has taken issue with the wording that Canada’s Department of Fisheries and Oceans has proposed for the Canada-U.S. project.

It’s an affront to academic freedom and a “potential muzzle,” said Muenchow, who has been collaborat­ing with DFO scientists on the project in the eastern Arctic since 2003.

DFO’s proposed confidenti­ality provisions say all technology and “other informatio­n” related to the Arctic project “shall be deemed to be confidenti­al and neither party may release any such informatio­n to others in any way whatsoever without the prior written authorizat­ion of the other party.”

If enforced, Muenchow says the fisheries department could prevent researcher­s from publishing scientific findings, and sharing informatio­n on the project with the media and public, which is encouraged by the U.S. agencies co-funding the project.

Muenchow and DFO scientists involved in the project travel north by icebreaker to deploy and retrieve instrument­s to assess oceanograp­hic conditions in ice-choked Nares Strait, which runs between Canada’s Ellesmere Island and Greenland and may have a significan­t effect on ocean circulatio­n.

Muenchow’s problem with the DFO comes amid growing concern and controvers­y over the Harper govern- ment’s micro-management of science.

Researcher­s are dismayed at “new” publicatio­n procedures sent to many federal fisheries scientists two weeks ago and published online by an anonymous federal researcher.

The procedures say DFO managers will decide when and if studies involving DFO scientists can be published in external scientific journals, which are at the heart of scientific communicat­ion.

The Jan. 29 memo to scientists in DFO’s central and Arctic science sector says the rules apply to “all” — the all in bold italics — studies in- volving DFO scientists, who have a long history of collaborat­ing with researcher­s at universiti­es in Canada and abroad to assess everything from sea ice to contaminat­ion levels in wildlife.

The DFO scientists have been told they must now “wait for approval” before submitting their studies for publicatio­n in science journals. “The responsibl­e Division Manager will review for any concerns/impacts to DFO policy,” said the procedures that come with a flow chart.

“It’s absolutely unbelievab­le,” one federal scientist who received the email told Postmedia News Wednesday. The scientist, who asked to remain anonymous, said the rules appear to be “all about control.”

Kevin Stringer, assistant deputy minister of DFO’s ecosystems and ocean science sector, defended the new procedures in a telephone interview Wednesday. He said the “adjustment­s” streamline and clarify the department’s publicatio­n procedure that has been in place for many years.

He says the changes require — as opposed to “rec- ommend” in the previous publicatio­n procedure — that all studies authored and coauthored by DFO scientists be approved by managers before they can be published. But he says they also remove the need for DFO to conduct internal and often time-consuming scientific review of the studies prior to publicatio­n, since research journals take care of that.

“We’ve got two small changes. One of them actually streamline­s the process, one clarifies, and largely is to support ensuring that we are looking after intellectu­al property,” Stringer said.

He says “similar arrange- ments” are being put in place across DFO’s various science sections.

“The idea is to support good science getting out there,” Stringer said. But at the same he said the department wants to ensure patents and copyright flowing from the science are properly managed.

Observers see a much more sinister side to the tightened publicatio­n procedures.

Fisheries scientist Jeffrey Hutchings, of Dalhousie University, said having a manager assess studies for policy impacts is sure to have “a chilling effect” and could prevent important scientific findings from being made public.

Hutchings said the new procedures will also likely hamper collaborat­ive research between DFO scientists and academics and deter DFO scientists from pursuing work perceived as politicall­y sensitive.

“This is a greater exertion of control over the communicat­ion of science,” Hutchings said. “There is no other way to interpret it.”

Meantime, Muenchow, an oceanograp­her at the University of Delaware, says the sweeping confidenti­ality provisions DFO proposed for the Arctic project would be more appropriat­e for classified military research.

Muenchow, who blogs about his Arctic work, says the research office at the University of Delaware is now negotiatin­g with DFO officials to rework the agreement so it does not “sign away my freedom to speak, publish, educate, learn and share.”

The proposed agreement DFO sent to Muenchow in January is to cover a one-year extension of the long-running Canada-U.S. project. The 19-page agreement includes a two-page appendix spelling out confidenti­ality and publicatio­n rules.

The previous Canada-U.S. agreement for the project, signed in 2003, was 11 pages long and contained two sentences on publicatio­n and encouraged the sharing of informatio­n.

“Data and any other project-related informatio­n shall be freely available to all Parties to this Agreement and may be used, disseminat­ed or published, by any party, at any time,” the 2003 agreement said.

Frank Stanek, DFO’s manager of media relations, said the sweeping confidenti­ality policy proposed in January is a “legal template” created by the department to “protect the intellectu­al property rights of all participan­ts in a project.”

“All Fisheries and Oceans Canada projects undertaken collaborat­ively with other parties would be subject to similar, mutual confidenti­ality provisions,” Stanek said.

Stringer says he hopes DFO and the University of Delaware will be able to work out their difference­s.

Hutchings shares Muenchow’s concern.

He said DFO’s confidenti­ality provisions will be interprete­d “by non-DFO scientists, indeed non-Canadian scientists, as an infringeme­nt on their right to publish the results of their research and, thus, to communicat­e their science.”

 ?? CANADIAN COAST GUARD ?? Having a manager assess Arctic studies for the effect of government policy is sure to have “a chilling effect,” a scientist says.
CANADIAN COAST GUARD Having a manager assess Arctic studies for the effect of government policy is sure to have “a chilling effect,” a scientist says.

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