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The “EnemyGate” Scandal

Canadians deserve to know the truth about what was said between the Prime Minister’s Office and Tides Canada CEO, Ross McMillan.

Some of you may be familiar with my story as a whistleblower. For those who aren’t, here’s the Coles Notes version: My name is Andrew Frank, and last week I was fired from ForestEthics Canada, a charitable project of Tides Canada, an environmental charity.

I was fired because I gave Tides Canada CEO, Ross McMillan, the “heads up” that I was going to swear an affidavit, and go public with a story that the Prime Minister’s Office (PMO) had threatened his charity and labelled ForestEthics, an “Enemy of the Government of Canada” and an “Enemy of the People of Canada.”

It’s a story that was confirmed for me by several senior sources at Tides, as well as through email correspondence, all of which is included in my sworn affidavit. It also turns out it was common knowledge within the environmental community, even among people who were not employed by Tides Canada or ForestEthics.

On Friday, January 20th, I told Mr. McMillan that under the media spotlight, he would have a chance to tell the truth and be on the right side of history. He thanked me for the “heads up” and then promptly made the decision to fire me over the weekend. My firing notice arrived on Monday the 23rd, just after I had sworn my affidavit, but before I had formally gone public with my story.

For those of you who might question if I was fired for anything other than telling the truth, here’s what ForestEthics Executive Director, Todd Paglia, told staff in an email, two hours after I was fired:

“The lawyer in me says stop this email right now but I will say this: this is a sad day and then some. Andrew was a great colleague and communications staffer and I will miss his expert hand and his fighting spirit. And I really wish he did not make this termination a foregone conclusion.”

Clearly there’s a question of wrongful dismissal here, and whistleblower protection in Canada is virtually non-existent, but I think the ramifications of this story are much bigger than my singular firing.

What this disturbing episode tells me, is that the elite brand of environmentalism practiced by big foundations like Tides Canada, can, when it matters the most, be more concerned about its own political interests, than in the interests of its partners on the ground, like the First Nations and grassroots community groups who oppose the Enbridge Northern Gateway oil tanker and pipeline project.

I risked my career and shared my story with my fellow Canadians for two reasons:

1) The Prime Minister’s Office was apparently working behind the scenes to undermine a registered intervenor (ForestEthics) in the National Energy Board’s Enbridge pipeline review, a process the government has singled out as its official mode of “consultation” with First Nations. The integrity of that consultation is now in question, and First Nations lawyers will have a field day in Supreme Court (if the project ever gets there) casting doubt as to whether the government consulted in good faith. This was information I had to share with First Nations.

2) Canadians deserve to know that the Prime Minister’s Office is apparently labeling its own citizens “enemies.” It is the language of bullying and it is language that is above the law and probably illegal. There was a look of fear and disbelief on my fellow staff members’ faces the day we were told our own government had labeled us enemies of the state. Upon hearing the news, our office administrator broke into tears. It’s a scene I won’t soon forget, and it's an injustice I plan to correct.

Since writing my open letter last Tuesday, it has been read online close to 70,000 times, and it has sparked an online citizens’ movement to hold this government to account. Margaret Atwood has called this scandal #EnemyGate on Twitter, and since I wrote my letter, I’ve received hundreds of emails and phone calls from supportive Canadians of all ages and walks of life across the country. It has been truly inspiring.

What has been most frustrating in all of this, is that Tides Canada CEO, Ross McMillan, has it firmly within his grasp to tell the truth. If my facts are wrong, I hope he will correct them, preferably in a sworn affidavit. Saying my story is “inaccurate” does nothing for the Canadian citizens or environmental allies who are trying to hold this government to account.

When I told Mr. McMillan that I was going public, he said that it would be like, “blowing up a bomb in your own house,” and that it would damage the environmental movement. The fact is that Mr. McMillan is the only man who can defuse this bomb. So far the Prime Minister’s spokesman is refusing to comment on whether Tides Canada and ForestEthics were targeted by the PMO. The ball is firmly in Mr. McMillan’s court, and we’re all ears.

In the mean time, the environmental movement would do well to take a hard look in the mirror. When telling the truth becomes revolutionary within a social movement, something is wrong. When environmental groups accept foundation money, what strings are attached? Can we always speak the truth, even on the gravest of matters and of the utmost importance to our fellow citizens and allies?

The absence of a full airing of the truth of this matter, will only feed the scaremongers who say shadowy U.S. environmental foundations are harming the interests of Canadians. Right now, they’d be right, but not for the reasons espoused by the “ethical oil” people. Canadians deserve to know if this language is being used at the highest levels of their government. If it is, it is a direct affront to the most basic tenets of citizenship and what it means to be Canadian. It is information we must have in order to protect our rights and our democracy.

I call on Prime Minister Harper and Ross McMillan to tell the whole truth, and nothing but the truth. Anything less is unacceptable, and a slap in the face of those who oppose the Enbridge Northern Gateway oil tanker and pipeline project.

Help Mr. McMillan tell the truth by sending a supportive letter to Ross.McMillan@tidescanada.org

Dear Ross McMillan, Please Tell The Truth

Since my whistleblower story broke last week, both ForestEthics Canada and Tides Canada have tried to come forward with the truth in different ways. This morning, Ross McMillan, the CEO of Tides Canada (the organization that was threatened by the Prime Minister's Office), has an opinion piece in The Tyee where he calls for an "Open, Honest Debate about our Energy Future." In the article he stands by his contention that my story was "inaccurate" but that I had "the right idea." He doesn't come clean with the actual facts about what happened - a prerequisite for a truly honest debate.

Whatever the "right idea" I had was, it must have been pretty disconcerting to Mr. McMillan, because he fired me just after I had sworn my affidavit, and before I had gone public with my story.

As I've said time and again, Mr. McMillan is the only one who knows exactly what the Prime Minister's Office said to him, and right now he's staying silent.

As I swore in my affidavit, Mr. McMillan told his colleagues that the Prime Minister's Office labelled ForestEthics Canada an "Enemy of the Government of Canada" and an "Enemy of the People of Canada." His friends and closest advisors have said it, my former colleagues have said it, but Ross isn't saying it, for fear the Prime Minister's Office will come after his charity.

Here's an open challenge to Ross: Ross, please tell the truth. Plain and simple. What really happened? Why don't you share the information that would be so valuable for citizens working to hold this government to account?

Please do the right thing, and tell the truth. Let us know what the real facts are.

You can send a supportive email or tweet to Mr. McMillan, urging him to share his story with his fellow Canadian citizens:

@Ross_McMillan alison.henning@tidescanada.org (his communications person)

Listen: “EnemyGate” Radio Interview Explains Growing Citizens’ Movement to Hold Harper Government to Account

Whistleblower Andrew Frank’s interview (LISTEN NOW) with CKNW’s Simi Sara Show, explaining the incredible citizen's movement that is taking shape to hold the government to account and reveal the truth behind the Prime Minister's Office labeling Canadian citizens "enemies" and "adversaries" of the Government of Canada, and "Enemies of the People of Canada."

EnemyGate

That's what Margaret Atwood, one of the world's most accomplished writers, is calling this scandal on Twitter. I trust Ms. Atwood with finding the right words, and now it's up to Canadians to find the truth. Lot's more coming and planned, but in the mean time I want to share that the original open letter is 300 reads away from 60,000. That's since Tuesday morning! Please keep sharing it. It is a good introduction to this whole affair, and it is building a citizens' movement to reveal the truth behind EnemyGate.

There are lot's of angles in this story, but for me, there are two key questions that Canadian citizens need answered, and we won't rest until we get straight answers:

Question #1: Have you, or any member of the Prime Minister’s office, or any member of your government, used language to describe any critic whatsoever of the Enbridge Northern Gateway pipeline or Canadian oil sands development in general, using the words “Enemy,” or “Enemies” of the Government of Canada or “Enemy,” or “Enemies” of the people of Canada?

Question #2: Has your government made any efforts whatsoever, to restrict the ability of any civil society group, whatsoever, and in any fashion, whatsoever, that is registered as an intervenor in the National Energy Board’s Joint Review Panel for the Enbridge Northern Gateway pipeline, to participate to its fullest ability, and to secure its funding as a charitable entity, as it has done in Canada for close to a decade?

Use this tool to find your Member of Parliament's email address and then send them these two questions to ask the government. If they are Conservative, ask them directly. Make sure to CC Prime Minister Harper: pm@pm.gc.ca Please send any responses you do get to andrew "at" andrewfrank.ca

In the meantime, let's get #EnemyGate trending on Twitter. Canadians want the truth.

ForestEthics Confirms Whistleblower Andrew Frank’s Account of Harper Government’s Attempts to Silence Citizen Critics

Organization confirms it was singled out by Harper government. Co-founder vows, “I will not be silenced.” VANCOUVER, BRITISH COLUMBIA (January 26, 2012) – ForestEthics has sent a statement to supporters confirming the veracity of Andrew Frank’s claims that the Government of Canada targeted the environmental group.

In an email sent to supporters yesterday afternoon (January 25), ForestEthics co-founder, Valerie Langer confirms the veracity of Andrew Frank’s claims:

“While a spokesman for the Prime Minister's Office denied using this language [An Enemy of the Government of Canada], he refused to comment when asked whether ForestEthics was targeted by the government.2 ForestEthics was targeted by the government.2 There’s a good reason they wouldn’t comment: it’s true.”

The complete text of Langer’s statement to supporters is available here:

http://andrewfrank.ca/wp-content/uploads/2012/01/ForestEthics-Statement.pdf

“I appreciate ForestEthics’ awkward attempts to bring the truth to light,” says Andrew Frank. “I understand that they are under enormous pressure from Tides Canada, which itself is terrified of government reprisals against its funding.”

Frank continues, “Today we are one step closer to having the full truth and nothing but the truth, with respect to the language the Harper government has used to describe Canadian critics of the Enbridge Northern Gateway oil tanker and pipeline project. We’re getting close to the truth, but more work is needed.”

Frank has issued two questions to citizens, reporters and opposition MPs to ask the Prime Minister’s Office directly:

Question #1: Have you, or any member of the Prime Minister’s office, or any member of your government, used language to describe any critic whatsoever of the Enbridge Northern Gateway pipeline or Canadian oil sands development in general, using the words “Enemy,” or “Enemies” of the Government of Canada or “Enemy,” or “Enemies” of the people of Canada?

Question #2: Has your government made any efforts whatsoever, to restrict the ability of any civil society group, whatsoever, and in any fashion, whatsoever, that is registered as an intervenor in the National Energy Board’s Joint Review Panel for the Enbridge Northern Gateway pipeline, to participate to its fullest ability, and to secure its funding as a charitable entity, as it has done in Canada for close to a decade?

Andrew Frank’s original open letter to Canadians has been read more than 55,000 times since Tuesday morning (January 24), sparking an online movement to reveal the truth and hold the government to account. A cause page has been growing steadily with citizens vowing to take action to reveal the truth of the Harper government's contempt for the basic rights of Canadian citizens, including freedom of speech and freedom of expression.

Contact Information: Andrew Frank Former Senior Communications Manager, ForestEthics Canada Office: 604-215-7875 Cell: 604-367-2112 www.andrewfrank.ca

Canadians Want The Truth, And We're Going to Get It

Dear fellow Canadian citizens,

If there is anything clear from yesterday's whirlwind of viral online discussion and media coverage, based on the sworn affidavit and open letter I issued to Canadian citizens, it is that the truth has not yet been told. Together we can change that.

Those named in my sworn affidavit, including the Government of Canada and Tides Canada, have not answered the fundamental question that I was fired for asking: Did the Prime Minister's Office attempt to pressure a charitably-funded environmental organization, critical of the Enbridge Northern Gateway oil tanker and pipeline project, and in doing so did it label its own citizens, "Enemies of the Government of Canada," and "Enemies of the People of Canada?"

In interviews, both Tides Canada and the Government have used weasel words like "inaccurate" or "we don't comment on meetings with government" or "we deny these statements," to dodge the question.

Most damning is this quote from an article by the Canadian Press:

Andrew MacDougall, spokesman for the Prime Minister's Office, said none of the statements attributed to the government is accurate.

"The Prime Minister's Office denies making any of the allegations or saying any of the things that are outlined in that statement," he said.

He would not comment when asked if either Tides Canada or ForestEthics had been targeted by the government.

"No comment" speaks louder than words. It's a baby step towards the truth. To help Prime Minister Harper and his tongue-tied spokesman tell the full truth and nothing but the truth, here is a list of questions that I propose media, opposition MPs and Canadian citizens ask this government over and over and over again until we get a clear answer. I apologize for the very precise wording, but my dad was a lawyer, and he taught me the importance of using precise language to uncover the truth:

1. Have you, or any member of the Prime Minister's office, or any member of your government, used language to describe any critic whatsoever of the Enbridge Northern Gateway pipeline or Canadian oil sands development in general, using the words "Enemy," or "Enemies" of the Government of Canada or "Enemy," or "Enemies" of the people of Canada?

2. Has your government made any efforts whatsoever, to restrict the ability of any civil society group, whatsoever, and in any fashion, whatsoever, that is registered as an intervenor in the National Energy Board's Joint Review Panel for the Enbridge Northern Gateway pipeline, to participate to its fullest ability, and to secure its funding as a charitable entity, as it has done in Canada for close to a decade?

3. Have you, or any member of the Prime Minister's office, or any member of your government or the Conservative Party of Canada instructed the Royal Canadian Mounted Police or the Canadian Security Intelligence Service, or any other investigative service or individual, to monitor or interact with covertly, or otherwise, any member or employee of any civil society organization, or First Nation, whatsoever, that is critical of, or publicly opposed to the Enbridge Northern Gateway pipeline or Canadian oil sands development in general?

In order to give the media and opposition MPs (as well as our fellow citizens) that extra "umph" to get out there and hold this government to account, I've created an online "Cause" page. It's a completely non-partisan way to channel the energy of this nerve that's been struck in the Canadian public's sense of decency, and to use it to reveal the truth.

Please join it and share it with the same ferocity you showed in supporting me yesterday.

I plan to personally reply to every note and email that has been sent to me, and your response has been overwhelming and uplifting. I have never been scared or fearful in this whole process (because I knew what I was doing was right), but I can say I have never felt so powerful as I did yesterday, knowing my fellow citizens were standing shoulder to shoulder with me in holding this government to account. When you threaten one of us, you threaten all of us.

We've got work ahead of us, but we can all smell the truth, and we're just a few short steps away from having it told, and holding this government to account.

This is a citizens' movement. Take it where you will.

Sincerely and best regards,

Andrew.

Whistleblower Claims Prime Minister's Office Tried to Silence Enbridge Gateway Pipeline Critic

Affidavit claims Prime Minister's Office labelled environmental group an "Enemy of the Government of Canada" and an, "Enemy of the People of Canada".

VANCOUVER, BRITISH COLUMBIA--(Marketwire - Jan. 24, 2012) - The Prime Minister's Office tried to cut funding of a registered intervenor in the Enbridge Pipeline Review, calling ForestEthics Canada an, "Enemy of the Government of Canada" and an, "Enemy of the People of Canada", according to allegations detailed in a sworn affidavit, dated January 23, 2012.

Sworn by Andrew Frank, former Senior Communications Manager with ForestEthics Canada, and an instructor in the Environmental Protection Technology program at Kwantlen Polytechnic University, the affidavit cites three senior managers with Tides Canada and ForestEthics, as well as personal email correspondence.

"Today, I am taking the extraordinary step of risking my career, my reputation and my personal friendships, to act as a whistleblower and expose the undemocratic and potentially illegal pressure the Harper government has apparently applied to silence critics of the Enbridge Northern Gateway oil tanker/pipeline plan," says Frank.

The affidavit alleges the Prime Minister's Office has made an attempt to influence the charitable funding of ForestEthics Canada, a registered intervenor in the National Energy Board's federal review process for the Enbridge Northern Gateway pipeline.

According to the affidavit, the Prime Minister's Office has informed Tides Canada CEO, Ross McMillan, that it considers ForestEthics to be an "Enemy of the Government of Canada", and an "Enemy of the people of Canada", and that unless Tides Canada alters its charitable support of ForestEthics, there will be consequences.

"Canadian citizens will be shocked to learn that their own government is labelling critics of the Enbridge oil tanker/pipeline project, 'Enemies of the Government of Canada'," says Mr. Frank. "When a government starts labelling its own citizens 'enemies', it has lost its moral authority to govern."

Frank adds, "If the Prime Minister's Office is working behind the scenes to silence voices of opposition and legitimate criticism, how can Canadians have any confidence in this review process? Canadians should be deeply concerned about this information, and I invite those named in my affidavit to sign sworn affidavits attesting to whether or not this is the truth."

Mr. Frank has also written an open letter to the citizens of Canada free for reprint by media:

http://www.scribd.com/doc/79228736/Whistleblower-s-Open-Letter-to-Canadians

Contact Information: Andrew Frank Former Senior Communications Manager, ForestEthics Canada Office: 604-215-7875 Cell phone: 604-367-2112 www.andrewfrank.ca

Independent Poll Shows Plurality of British Columbians Oppose Enbridge Gateway Pipeline: 46% Against, 41% In Favour

‘Do you think the provincial government should support the Northern Gateway pipeline to carry Alberta crude oil to Kitimat to be shipped by tanker to Asia to be refined, or not?’

British Columbia Issues Poll (Forum Research) (20111216) (Final)(1) (Download Now) Northern Gateway Pipeline Question (Download Now)

That was the question asked by Forum Research, which did independent polling with a random, telephone sample of 1,045 British Columbians on December 15th, 2011. The results are telling:

Do not support the pipeline: 46% Support the pipeline: 41% No opinion: 13%

Among Northern British Columbians, opposition to the pipeline is even stronger:

Do not support the pipeline: 51% Support the pipeline: 41% No opinion: 9%

These results confirm what many pipeline critics have been saying (full disclosure, I work part-time with ForestEthics, a registered review panel intervenor), that yesterday's reported online poll commissioned by Enbridge was bogus. When you reach real people, randomly, on the phone, you get real answers.

Stephen Harper has been hinting today that he might be planning to circumvent due process by attempting to ram the pipeline through, public review be damned.

These numbers reveal the potential of real political consequences for a heavy-handed approach. Perhaps that's why BC Premier Clark has thus far refused to take a position.