ELECTION RULES:
Environment groups warned saying climate change is real could be seen as partisan
OTTAWA — A pre-election chill has descended over some environmental charities after Elections Canada warned them that discussing the dangers of climate change during the upcoming federal campaign could be deemed partisan activity.
An Elections Canada official warned groups in a training session earlier this summer that because Maxime Bernier, the leader of the People’s Party of Canada, has expressed doubts about the legitimacy of climate change, any group that promotes it as real or an emergency could be considered partisan, said Tim Gray, executive director of the group Environmental Defence.
Any partisan activity — including advertising, surveys or any kind of campaign costing at least $500 — would require a charity to register as a third party for the election, an onerous requirement that could jeopardize a group’s charitable tax status, Gray said.
It is “discouraging” that Environmental Defence and other charities may have to zip their lips about climate change being real during the campaign period “because one party has chosen to deny the existence of this basic fact,” he added.
“Obviously climate change is real,” Gray said. “Almost every credible institution on the planet is telling us to get our act together and do something about it.”
Last fall, the United Nations climate change panel, made up of hundreds of scientists from around the world, said if the world doesn’t act faster to cut global emissions, the planet will face irreversible and catastrophic consequences.
Five of the six political parties expected to have any chance of winning a seat in the election agree that climate change is real and caused by humans. Bernier, however, is the one outlier: He believes that if climate change is real, it is a natural cycle of the Earth and not an emergency.
“There is no climate change urgency in this country,” Bernier said in a speech in June. He also disagrees that carbon dioxide, which experts say is responsible for three-quarters of greenhouse emissions globally, is bad.
“CO2 is not ‘pollution,’” he tweeted. “It’s what comes out of your mouth when you breathe and what nourishes plants.”
Because of that, Elections Canada warns that any third party that promotes information about carbon dioxide as a pollutant or climate change as an emergency could be seen to be indirectly advocating against Bernier and his party. Activities can be considered partisan even if they don’t mention a candidate or party by name, its rules say.
An Elections Canada spokesperson confirmed “such a recommendation would be something we would give.”
Gray said the impact is stifling the conversation about climate change at a critical time.
“Unless I can get greater clarification, after the writ is dropped we would stop doing anything online that talks about climate change, which is our entire mandate,” he said. “You feel you’re being drawn into this space where you’re being characterized as being a partisan entity for putting up Facebook ads that say climate change is real, which seems ridiculous to me.”
Environmental groups are still on edge after spending much of the last five years fighting against Canada Revenue Agency accusations, and they worry that if Elections Canada accuses them of being partisan, it will attract another round of audits for partisan activity. Gray said the fear is having a chilling effect.
“We need to ensure that we’re not saying things that are going to be considered to be illegal by Elections Canada.”
Gray said it doesn’t mean he’ll be forbidden from giving interviews about climate change during the campaign. Rather, it would affect any kind of activity the group undertakes that costs more than $500, such as a Facebook ad campaign.
In 2012, the former Conservative government unveiled a $13million audit program to seek out charities it alleged were abusing their tax status with partisan activities. The probes went after two dozen environmental, human rights, anti-poverty and religious groups — none of them considered partisan — for going beyond a rule that limited their spending to no more than 10 per cent of their funding on political advocacy work.
The program was launched as the Conservatives called many environmental groups “radical” and a “threat” to Canada.
The Liberals promised to end what they called a “witch hunt” against any civil society groups that opposed the government’s policies. It took more than three years, but eventually legislation was changed last year to lift the 10 per cent limitation. The nonpartisan rule, however, remains.
Catherine Abreu, executive director of Climate Action Network Canada, called the Elections Canada warning “shocking.” Climate change “is a scientific fact,” she said. “It’s not an opinion.”
The situation will give fuel to pro-oil groups that want to silence their opponents, Abreu added.