Monthly Archives: September 2022

South African court bans offshore oil and gas exploration by Shell – The Guardian

Posted: September 3, 2022 at 4:39 pm

A South African court has upheld a ban imposed on the energy giant Shell from using seismic waves to explore for oil and gas off the Indian Ocean coast.

The judgment delivered in Makhanda on Thursday marks a monumental victory for environmentalists concerned about the impact the exploration would have on whales and other marine life.

The 2014 decision granting the right for the exploration of oil and gas in the Transkei and Algoa exploration areas is reviewed and set aside, the high court ruled in the southern city.

Civil rights organisations and civilians celebrated outside the courthouse following the verdict, according to local media.

A Shell spokesperson said the company respect[s] the courts decision and would review the judgment to determine our next steps. Shell did not say if it would appeal against the judgment or not. We remain committed to South Africa and our role in the just energy transition, he said.

Last December the same court had issued an interim order prohibiting the firm from going ahead with its plans.

Green Connection, one of the environmental and human rights organisations that filed the case against Shell, said that civil society, traditional communities and small-scale [fishermen] have once again been vindicated by the courts.

The petroleum firm was set to collect 3D seismic data over more than 6,000 sq km (2,300 sq miles) of ocean off South Africas Wild Coast - a 300km (185-mile) stretch of rich waters housing exquisite marine life and natural reserves.

Campaigners argued the research would have sent extremely loud shock waves every 10 seconds, 24 hours a day for five months, potentially harming marine species and disrupting their routines.

South Africas energy ministry had backed the scheme, and criticised those who opposed it as thwarting investment in the countrys development.

Read the original here:

South African court bans offshore oil and gas exploration by Shell - The Guardian

Posted in Offshore | Comments Off on South African court bans offshore oil and gas exploration by Shell – The Guardian

Three Consultancies to Help Set Up Norway’s Upcoming Offshore Wind Auction – Offshore WIND

Posted: at 4:39 pm

Norwegian Ministry of Petroleum and Energy has awarded Vista Analyse, Guidehouse, and Procurex the contract for the provision of consultancy services for the offshore wind tender the Norwegian Government will soon open for the Southern North Sea II (Srlige Nordsj II) area.

The contract, concluded on 24 August, follows the tender that the Ministry opened at the end of May ahead of auctioning off the first 1.5 GW of the total of 3 GW of offshore wind capacity to be awarded for development.

Led by Vista Analyse, the companies will assist with designing the auction model for Southern North Sea II, and with carrying out the actual auction for the first phase of Southern North Sea II.

Professionally, this is a challenging assignment. But we are confident that we have put together a team that can solve the task. Together with our partners in Germany and the US, we have both knowledge of specific Norwegian considerations and practical experience from offshore wind auctions in many countries, said Haakon Vennemo, the project manager and CEO at Vista Analyse.

The Ministry of Petroleum and Energy will announce the auction for the first 1,500 MW in Southern North Sea II during the first quarter of next year, with allocation scheduled for the summer of 2023.

The project/s selected in the first phase will not be interconnected to the grids of other countries and will deliver all of the generated electricity to the Norwegian grid, while those selected in the second auction will have the option to export the generated electricity outside Norway.

According to earlier information on the offshore wind area, the first turbines in Southern North Sea II could be installed in the second half of this decade.

Follow offshoreWIND.biz on:

Read more:

Three Consultancies to Help Set Up Norway's Upcoming Offshore Wind Auction - Offshore WIND

Posted in Offshore | Comments Off on Three Consultancies to Help Set Up Norway’s Upcoming Offshore Wind Auction – Offshore WIND

Senate Committee on Finance Investigation Finds Offshore Account Reporting Loophole – Wealth Management

Posted: at 4:39 pm

The death of billionaire Robert Brockman has once again brought so-called offshore tax loopholes to the spotlight. Brockman died earlier this month while preparing to stand trial in whats the largest tax-evasion case against an individual in history. In 2020, the Internal Revenue Service charged Brockman with hiding more than $2 billion in income in a complex, decades-long scheme using overseas accounts, foreign trusts and shell companies.

A new report released by the Senate Finance Committee, led by Ron Wyden (D-Ore), highlights one particular offshore loophole being used by wealthy Americans to hide billions in income. The committee zeroed in on the loophole, the shell bank loophole, following its investigation of Brockman.

Shell Bank Loophole Exposed

The 2010 Foreign Account Tax Compliance Act (FATCA) was designed to crack down on offshore tax evasion, requiring foreign financial institutions to determine if certain accounts are held by U.S. citizens (and report it back to U.S. authorities). The report finds, however, that wealthy individuals, with their savvy tax planners and advisors, can circumvent the requirements using a scheme thats hindering the laws effectiveness. The scheme, as revealed by the Brockman investigation, involves dressing up shell companies as financial institutions.Banks are free of the legal responsibility of determining if certain accounts are held by U.S. citizens if the accounts are held by entities that are themselves financial institutions.

The report also found that obtaining global intermediary identification numbers(GIIN), the numbers assigned by the FATCA registration system to foreign financial institutions, is shockingly easy, with online or paper forms almost always approved without any meaningful due diligenceessentially allowing individuals to self-certify these types of accounts as legal entities and creating ample opportunities for wealthy taxpayers to withhold the reporting of vast amounts of income being held by the accounts.

In the case of Brockman, the banks stated that so long as they can identify the entitys GIIN number on an IRS published list of registered foreign financial institutions, under FATCA they are not required to affirmatively investigate whether accounts are owned or controlled by any U.S. persons or report those accounts to the IRS. This loophole allowed Brockman to funnel large sums of money to banks in Switzerland via wire transfers from the United States without triggering the reporting requirement. The report further highlights the difficulty of detecting the hidden beneficial ownership in offshore bank accounts belonging to wealthy U.S. taxpayers if its layered using shell companies with valid GIIN numbers.

The Tactic Runs Deep

The committee report further found that there are 84,000 entities with GIIN in the Cayman Islands alone, and likely thousands and thousands more of these shell companies disguised as financial institutions overseas that are potentially evading IRS scrutiny and taxation. In addition to tax evasion, theres also a threat of money laundering.

Offshore tax evasion poses a unique challenge because the IRSauthority to compel action by financial institutions or take enforcement action is largely limited by the territorial extent of U.S. tax laws, the report states. The report further calls for Congress and agencies to take additional steps to increase IRS resources to close these loopholes. The recently passed Inflation Reduction Act outlines $80 billion in IRS funding for the understaffed agency, which will hopefully help with this task.

Read more here:

Senate Committee on Finance Investigation Finds Offshore Account Reporting Loophole - Wealth Management

Posted in Offshore | Comments Off on Senate Committee on Finance Investigation Finds Offshore Account Reporting Loophole – Wealth Management

Website looks at offshore wind farms from the viewpoint of fishing industry – KXRO Newsradio

Posted: at 4:39 pm

A new website launched this week from a group called Protect US Fishermen, looks at possible environmental and economic impacts of proposed offshore wind farms in the Pacific Ocean.

The informal coalition of more than two dozen organizations features a number of fishing groups, including members such as the Westport and Ilwaco charter boat associations.

Visitors to protectUSfishermen.org can find some details on the proposed wind turbine projects off the coast of Washington and Oregon, as well as learn about the potential impacts to commercial and recreational fishing from those in the industries.

The group looks at providing a look at the debate surrounding offshore wind development and provides an overview from the fishing community.

Heather Mann, executive director of Midwater Trawlers Cooperative and a member of the coalition, said that she is worried that many residents are unaware of the potential harm that offshore development could bring and hopes the website will help raise awareness.

I find it disturbing that the administration and many legislators are either unaware or are simply ignoring the well-documented science about negative impacts to the marine environment from turbine farms, Mann said.

She added that the current offshore wind proposals off the California coast are a direct threat to that ecosystem.

The website is aimed at educating people throughout the West Coast.

The new website is said to be only one part of a campaign about the concerns, and it also features a Facebook page, a YouTube channel, and live events.

Billboards, digital advertising, and print media are part of the coalitions campaign in the coming months.

Individuals who wish to get involved in the effort will find several options listed at protectUSfishermen.org.

View original post here:

Website looks at offshore wind farms from the viewpoint of fishing industry - KXRO Newsradio

Posted in Offshore | Comments Off on Website looks at offshore wind farms from the viewpoint of fishing industry – KXRO Newsradio

Dominion May End $10B Offshore Wind Project Over Performance Clause – The Maritime Executive

Posted: at 4:39 pm

CVOW's trial phase, 2020 (Dominion Energy file image)

PublishedAug 28, 2022 11:16 PM by The Maritime Executive

The giant utility Dominion Energy has found itself in a disagreement with state regulators over a proposed performance guarantee for its $10 billion Coastal Virginia Offshore Wind project, one of the largest planned wind farms in the U.S. development pipeline. The clause is enough of a concern for Dominion that it has threatened to scuttle CVOW altogether and walk away - a seismic shock for the budding U.S. offshore wind industry.

Dominion has historically been one of the most committed players in the U.S. offshore wind business. It was an early and enthusiastic entrant, beginning its planning for a small pilot project as early as 2012. The pilot stage was completed in 2020 andis one of only two (small) offshore wind farms operating in the U.S. today.

To build the full-scale 2.6 GW facility, Dominion is buying the only U.S.-built wind turbine installation vessel on the market, the future Charybdis, at a price of half a billion dollars- a financial commitment that no other developer or shipowner has been willing to match yet. Construction on the vessel is already well under way.

However, the Virginia State Corporation Commission (SCC) - a regulator with a broad mandate governing insurance, railroads and utilities - has made a decision that may make CVOW untenable, according to Dominion. The SCC will allow Dominion to bill the cost of CVOW's development to household ratepayers in the form of a miniscule rider fee - but only if its turbines perform at a 42 percent capacity factor or better in any three-year period. Any shortfalls would be Dominion's to cover.

Dominion has appealed the decision, describing it as unprecedented and "unlawful." The firm warns that the guarantee is so broad that it would leave Dominion on the hook for any decline in power output - whether caused by a hurricane, cyberattack, climate change or any other factor.

"The Commissions unprecedented imposition of an involuntary performance guaranteecondition on its approvals, however, is untenable. As ordered, it will prevent the project from moving forward, and the company will be forced to terminate all development and constructionactivities," Dominion wrote in anappeal. "As recognized by the Commission, the project is favored by the General Assemblys support for offshore wind generation as a cornerstone of theCommonwealths plan for a clean and reliable energy future."

The disagreement follows a just few weeks after Dominion celebrated formal approval from the SCC for the project to move forward. The initial order was released August 8, and it noted that there would be some form of performance requirement, but did not give any details - until now.

Dominion's appeal to the SCC begins a rehearing process, and the company sounded an upbeat note in a statement to local TV media.

"We look forward to completing the Coastal Virginia Offshore Wind Project as a regulated project to build on our long record of affordability and reliability," a Dominion spokesperson told local media.

Read this article:

Dominion May End $10B Offshore Wind Project Over Performance Clause - The Maritime Executive

Posted in Offshore | Comments Off on Dominion May End $10B Offshore Wind Project Over Performance Clause – The Maritime Executive

UK Duo Demonstrates Offshore Wind Tech Solutions – Offshore WIND

Posted: at 4:39 pm

Innvotek and Eleven-I have demonstrated innovative technology solutions, alongside GE Renewable Energy and the Offshore Renewable Energy (ORE) Catapult, to support future offshore wind developments.

The two companies carried out the work through GE Renewable Energy and ORE Catapults Stay Ashore research and development programme, and the Robotics Challenge sub-project delivered through the Offshore Wind Innovation Hubs Innovation Exchange (OWiX) in partnership with KTN.

Innvotek, a Cambridge-based consultancy, has further developed a robotic crawler that uses magnetic technology to attach itself to a turbine generator and autonomously detect the presence of certain features in order to carry out maintenance work.

Derbyshire-based Eleven-I has used the project to develop its structural health monitoring system which uses software and data analysis to monitor blade health throughout its lifetime.

GE said that the development of robotics is seen as a vital component in the future roll out of offshore wind development in the UK, and according to ORE Catapult research, could cut inspection costs by almost 40 per cent in the years to come.

The Stay Ashore program continues to drive improvements for the offshore wind industry. These innovative solutions aim to improve operational efficiency and safety, said Vincent Schellings, Chief Technology Officer at GE Renewable Energy Offshore Wind.

This will be vital as the offshore wind industry grows to meet the worlds decarbonization targets. Were proud to base this research in the UK, supporting the UK with its target to reach 50 GW of installed offshore wind capacity by 2030.

In April, ORE Catapult and GE Renewable Energy tested a six-legged robot that the companies say could bring the wind industry over GBP 250 million in savings annually.

The testing showed how BladeBUGs robot can inspect wind turbine bolts autonomously, eliminating the need for technicians to loosen and retighten thousands of bolts per wind turbine as part of routine maintenance.

Follow offshoreWIND.biz on:

See the article here:

UK Duo Demonstrates Offshore Wind Tech Solutions - Offshore WIND

Posted in Offshore | Comments Off on UK Duo Demonstrates Offshore Wind Tech Solutions – Offshore WIND

Two US Companies Join Vineyard Wind 1 Team – Offshore WIND

Posted: at 4:39 pm

Vineyard Wind has signed contracts with Maine-based Ironhouse and Houston-based EverLine to support the Vineyard Wind 1 offshore wind project at various construction and operation stages.

EverLine, a provider of energy compliance, technical, and security solutions, will deliver complete Supervisory Control and Data Acquisition (SCADA) integration for the 62 wind turbines, a system that will connect the fields offshore and onshore substation, wind turbines, and offices.

The company will also be responsible for procuring equipment, configuring devices, installing and configuring SCADA software, and testing and commissioning all IT and SCADA systems.

Additionally, Ironhouse will provide the commissioning oversight for the onshore substation, wind turbine foundation, inter-array cables, wind turbines, and SCADA system.

The 800 MW Vineyard Wind 1, a 50-50 joint venture between Avangrid and Copenhagen Infrastructure Partners (CIP) funds CI II and CI III, is currently under construction off the coast of Massachusetts.

As we build the nations first offshore wind farm, we are proud to engage an ever-increasing amount of the US workforce in each step of the process. Vineyard Wind 1 is only the beginning. With each project, we will take a giant leap forward in building out this new industry, creating thousands of good-paying jobs and reducing the harmful effects of carbon pollution, said Klaus S. Moeller, CEO of Vineyard Wind.

Located 15 miles (approximately 24 kilometres) off the coast of Marthas Vineyard, the project is the first commercial-scale offshore wind farm in the US to achievefinancial closeand, at USD 2.3 billion, represents one of the largest investments in a single renewable energy project in the US.

Vineyard Wind 1will feature62 GE Haliade-X 13 MW wind turbines,to be installedby DEME Offshores US arm.

Scheduled to deliver its first power to the grid in 2023, the wind farm will generate enough electricity for more than 400,000 homes and businesses in the Commonwealth of Massachusetts.

Follow offshoreWIND.biz on:

Read more from the original source:

Two US Companies Join Vineyard Wind 1 Team - Offshore WIND

Posted in Offshore | Comments Off on Two US Companies Join Vineyard Wind 1 Team – Offshore WIND

Siem Offshore announces one of longest tows in its history | Offshore – Offshore magazine

Posted: at 4:39 pm

Offshore staff

VEST-AGDER, NorwayA 32-day tow and 4,200 nautical miles traveled around Australia represented one of Siem Offshore's longest tows in the company's history, Siem announced earlier this week.

"Two of its anchor handlers, Siem Amethyst and Siem Aquamarine, safely managed the long and challenging tow of Ocean Onyx from the Bass Strait Victoria to her temporary home Dampier, Western Australia," Siem stated on its LinkedIn page.

Siem Offshore has been busy offshore this year.

Last week,Siem Offshoresaid itsecured an 18-month extension to a contract offshore Canada for itsAvalon Seaanchor-handler tug supply (AHTS) vessel. TheIce Classvessel will continue operations for the client into second-quarter 2024.

In early August,Siem AHTS Pool AS, a subsidiary of Siem Offshore Inc., announced that Equinor Energy AS in Norway declared a three-month option for theSiem OpalAHTS from September.

In late July,Total E&P do Brazil declared the first of two options for theSiem AtlasandSiem Giantplatform supply vessels. Both vessels are now firm until June 2023.

Also in July, Siem Offshore do Brasil signed a new contract for theSiem Maragogioil spill response vesselfor a duration of three years. Commencement is scheduled for the fourth quarter of this year and in direct continuation of the current contract.

08.30.2022

Read the rest here:

Siem Offshore announces one of longest tows in its history | Offshore - Offshore magazine

Posted in Offshore | Comments Off on Siem Offshore announces one of longest tows in its history | Offshore – Offshore magazine

TikTok has silenced 11 pro-free speech organizations while muzzling conservatives, study finds – Fox News

Posted: at 4:38 pm

NEWYou can now listen to Fox News articles!

EXCLUSIVE TikTok, the popular social media app with close ties to Communist China and Chinese state media outlets, has silenced at least 11 pro-free speech organizations, according to the Media Research Center.

The Media Research Centers CensorTrack database tracked bans on TikTok and found "many groups came under fire for supposedly running afoul of TikToks leftist apparatus" in recent years.

"The Chinese Communist Party-tied TikTok is muzzling conservatives and free thinkers by shutting down their accounts, typically with no explanation," MRC researcher Gabriela Pariseau wrote.

HOUSE OF REPRESENTATIVES OFFICER WARNS MEMBERS OF CONGRESS NOT TO USE 'HIGH-RISK' TIKTOK

TikTok, the popular social media app with close ties to Communist China and Chinese state media outlets, has permanently banned at least 11 pro-free speech organizations, according to the Media Research Center. (Jaap Arriens/NurPhoto via Getty Images)

The MRCs CensorTrack database "found that TikTok canceled accounts associated with no fewer than 11 pro-free speech organizations since January 2019. Satire accounts, various pro-free speech groups and commentators, pro-life groups and even the MRCs own MRCTV account, are among those that TikTok shut down," Pariseau wrote.

GOP SENATORS PRESS BIDEN ADMIN ON ENFORCEMENT OF TRUMP PRESIDENTIAL ORDER ON TIKTOK

The 11 pro-free speech organizations or leaders impacted include Lt. Col. Allen West, Judicial Watch President Tom Fitton, Live Action, MRCTV, PragerU, Students For Life of America, The Babylon Bee, Daily Wire host Michael Knowles, Timcast IRL and Young American Foundation, according to CensorTrack. Many of the account holders were notified of a "permanent ban," without an option to appeal, but eventually restored months later without explanation.

"None of the 11 permanently banned organizations in this report received an explanation why. Though the platform sometimes claims that censored users violate so-called hate speech or integrity and authenticity policies, TikTok often gives no explanation for its seemingly arbitrary banning of user accounts," Pariseau wrote, adding that other organizations that have condemned communism or supported the Second Amendment have also been banned or silenced.

TikTok did not immediately respond to a request for comment.

TikTok, available to millions of Americans through Apple and Google online stores, is owned by the Beijing-based company ByteDance, an organization that FCC Commissioner Brendan Carr asserts is "[beholden] to the Communist Party of China and required by Chinese law to comply with the PRCs surveillance demands."

ELON MUSK QUESTIONS WHETHER TIKTOK IS 'DESTROYING CIVILIZATION'

The Media Research Centers CensorTrack database tracked permanent bans on TikTok. (Mateusz Slodkowski/SOPA Images/LightRocket via Getty Images)

"TikTok banned 11 of a total of 14 (79%) censored organizations mentioned in this report. It banned five of those 11 organizations more than once," Pariseau wrote.

COLORADO TEEN SHOT AND KILLED WHILE FILMING TIKTOK DANCE VIDEO

The banned accounts all received the same notice, according to CensorTrack, which simply stated: "Your account was permanently banned due to multiple violations of our Community Guidelines."

Pariseau added that "no further explanation or reason for the permanent ban" was offered. When accounts are suddenly restored, no explanation is given why TikTok reversed course, either.

In 2021, the Young Americans for Liberty (YAL) group said a video in support ofKyle Rittenhousewas censored and then removed by TikTok before ultimately being restored. According to YAL, no explanation was given for the removal of the video beyond accusing it of containing "illegal activities and regulated goods," likely referring to the image of Rittenhouse carrying his gun during civil unrest in Kenosha, Wis., in 2020.

WASHINGTON, DC - DECEMBER 05: Federal Communication Commission Commissioner Brendan Carr testifies before the House Energy and Commerce Committee's Communications and Technology Subcommittee in the Rayburn House Office Building on Capitol Hill December 05, 2019 in Washington, DC. (Photo by Chip Somodevilla/Getty Images) (Getty Images)

Last month, Forbes surveyed hundreds of LinkedIn profiles for employees of TikToks parent company ByteDance and found that at least 300 workers had previously heldpositions in Chinese state media and 15 of them currently work for both.At the time, a ByteDance spokesperson told Forbes that hiring is decided "purely on an individuals professional capability to do the job."

CLICK HERE TO GET THE FOX NEWS APP

TikTok has come under increased scrutiny as U.S. officials continue to warn of the national security threat the app poses. The FCC's Carr in June called on the CEOs of Google and Apple toremove the app from their stores, citing reports that suggest the app harvests "swaths of sensitive data."

TikTok recently admitted that employees outside the U.S. could access user information, but insisted that such access required "robust cybersecurity protocols and authorization" from its U.S. security team.

Fox Business Peter Aitken, Timothy Nerozzi and Fox News Lindsay Kornick contributed to this report.

Brian Flood is a media reporter for Fox News Digital. Story tips can be sent tobrian.flood@fox.comand on Twitter: @briansflood.

Read more:
TikTok has silenced 11 pro-free speech organizations while muzzling conservatives, study finds - Fox News

Posted in Free Speech | Comments Off on TikTok has silenced 11 pro-free speech organizations while muzzling conservatives, study finds – Fox News

He wrote a controversial piece while in a leadership role at McGill. What the universitys response means for free speech on campus even years after…

Posted: at 4:38 pm

In 2017 Suzanne Fortier made headlines as the Principal of McGill University during the Andrew Potter affair. Potter, a former editor of the Ottawa Citizen, was hired in 2016 to direct the McGill Institute for the Study of Canada (MISC), the mandate of which includes hosting annual conferences and other public events. In March of 2017, Potter published a column in Macleans that portrayed Quebec as an almost pathologically alienated and low-trust society. Two days after the article appeared, Potter, although he remained a professor at McGill, stepped down as director of MISC, triggering widespread concern that Fortier had pressured him to do so.

Fortiers retirement last week as McGills Principal is a fitting occasion to revisit the Potter affair and through it her legacy as it concerns academic freedom. Fortier is one of the countrys most distinguished university administrators. Prior to coming to McGill, she was president of the Natural Sciences and Engineering Research Council of Canada. She is a fellow of the Royal Society of Canada and chair of the World Economic Forums Global University Leaders Forum, to name but two of her many honours. Her handling of the Potter case suggests she holds an alarming view of academic freedom, one that, given Fortiers prominence, risks fostering an academic ethos in which the ability of scholars to speak out on matters of public concern is undermined. Credible sources suggest that Fortier not only violated Potters academic freedom but did so in a way that highlights deeper structural problems with academic employment in Canada.

Potters Macleans piece appeared on a Monday. The next day, McGill administrators woke up to waves of angry emails. Some came from faculty and other members of the campus community, but a greater number were from the wider public, including alumni, mainly Francophone, who are upset, as one of many internal McGill emails obtained by the news site Canadaland noted. The emails, running to over 600 pages, were obtained through an Access to Information request. They reveal that alumni and others were threatening to cut off donations and demanding Potter be fired.

The uproar saw the schools administrators go into crisis mode; a flurry of messages were sent to and from Fortiers office. After a meeting with his dean to discuss the fallout from his article, Potter wrote to his institutes board of trustees, apologizing profusely for its unwarranted generalizations and other shortcomings. In that email, also among the cache released to Canadaland, Potter noted how much he valued his job: being Director of the MISC is an enormous privilege and responsibility, the dream job of a lifetime, he wrote. This description matches the impression I had formed of Potter when he invited me to present at MISCs annual conference the previous month (I also knew Potter slightly 20 years ago, when we were both Toronto journalists). He clearly took pride in running the institute and was brimming over with ambitious plans for the future.

According to Fortier, however, Potter asked to meet with her the day after he apologized and during that meeting volunteered his resignation. As she put it in a letter to the Canadian Association of University Teachers three months after the affair, he had, on his own, come to the conclusion that what he had done was incompatible with his role as Director, prior to meeting with me. (Potter and Fortier both declined to provide comment for this article, Fortier through a spokesperson.)

In addition to offering a version of events in which she did not retaliate against Potter, Fortier was at pains to make a second claim. It was that because Potter was not just a professor but the director of a McGill institute, he did not enjoy the same level of academic freedom as rank-and-file faculty.

We have an institute that is there to promote discussions between people who come to the table with very different perspectives, Fortier said in a 2017 interview with the Globe and Mail. It is not a role to provoke, but to promote good discussion. Remarks that embroiled the institute in controversy would interfere with the institutes ability to uphold its mission. If an institute director was too outspoken or provocative, therefore, while it would not be right to fire them, it would be acceptable to remove them from their managerial position. As Fortier put it in a meeting of McGills Senate addressing the Potter controversy, the University may, through the relevant institutional procedures appropriate for each case, replace academic administrators who are no longer able to discharge their responsibilities effectively.

Fortiers defence, in sum, was two-pronged. She did not demand that Potter resign his directorship. But if she had, it would have been fine anyway. Neither claim withstands scrutiny.

Problems with Fortiers cramped view of academic freedom were noted in a report on the Potter Affair written by University of Manitoba professor Mark Gabbert. Gabberts report, which was commissioned by the Canadian Association of University Teachers (CAUT), relied on a review of public documents as well as further materials obtained by the CAUTs own Access to Information request. Gabbert observed that a widespread view of academic freedom is that it protects the ability of all academics to speak out on controversial subjects, including in the media, regardless of their administrative duties. As a CAUT policy statement cited by Gabbert puts it, [faculty] who continue as members of the academic staff of their institutions while fulfilling administrative roles enjoy the full protection of academic freedom. A letter to Fortier signed by 10 directors of different McGill institutes, also cited by Gabbert, expressed a similar view.

Fortier issued a one-sentence statement in response to the CAUT report. We disagree with the reports conclusions with respect to academic freedom at McGill University, she told Inside Higher Ed. Gabberts carefully researched report received no media attention in Canada, perhaps because the news cycle had moved on by the time it appeared in 2018.

This is unfortunate. Academics sometimes need to draw attention to problems at their own institutions. They therefore need the freedom, as Gabbert writes, to continue to criticize a given policy or practice even while being obliged to implement it. The Fortier doctrine, as Gabbert terms Fortiers narrow view of the freedom of academics who participate in university management, renders academic freedom a secondary value to managerial conformity. It would strip academics who perform administrative duties of the freedom to criticize their institutions, even though such freedom is necessary to prevent universities, with have a responsibility to sustain vigorous research and inquiry, from becoming just another business.

Potters hiring letter was among the documents released to Canadaland. It states nowhere that his academic freedom would be reduced by accepting a directorship. After his column attracted the attention of an angry public, the reaction of McGills administration must therefore have been a surprise to him. As Gabbert describes that reaction, over the course of several weeks, the University developed and promoted a theory of the conditional academic freedom of academic administrators. Fortier and her administration thus essentially free-styled a revised version of academic freedom, one that, conveniently, released them from standing up for a faculty member. Gabbert concludes that Fortiers doctrine is contrary to the academic freedom rights of the Universitys academic administrators and of all members of the McGill faculty.

Fortiers handling of the affair was problematic in a further way, unmentioned by Gabbert. Suppose we grant for the sake of argument that the Fortier doctrine is correct. Even if Potter should have faced repercussions, there are the separate questions of how quickly he should have faced them, and how severe they should have been.

Experienced institutional managers have ways of riding out a controversy. Fortier for example might have attempted to follow a 30-day rule, which says that employees who are mobbed online (or, as in Potters case, by email), should keep their jobs for 30 days, to give the controversy a chance to die down. (Its a rule that free-speech advocate Angel Eduardo says should be written into some employment contracts.) Potter lost his directorship with extraordinary haste, only two days after his article appeared. In addition, the consequences for his career were stark: unlike most people who go into academia primarily to become professors and only later drift into administration, Potter had come to McGill specifically to direct the institute.

The problem with the Fortier doctrine in other words is not merely that it represents a doubtful understanding of academic freedom, bad as that is. It is that Fortier appears to have invoked her doctrine to justify a high-stakes, one-strike-youre-out response, without even attempting to delay Potters crucifixion until a time when calmer discussion, and a less extreme resolution, might have been possible.

Fortier was the first francophone to lead McGill, a traditional bastion of Anglo Quebec. A week before her appointment was announced in 2013, a group of nationalist academics published an open letter calling for major cuts in provincial funding for McGill and other Anglophone universities. A cynic might wonder if the Fortier doctrine is a smokescreen, and the real reason Fortier advanced it was to protect the university budget in a challenging funding environment. If so, there is no evidence that Potters departure made a difference to McGills provincial funding. Moreover, preserving a university budget by disregarding academic freedom saves the village by setting it on fire.

The more disturbing possibility however is that Fortier actually believes her doctrine. James Turk, a Toronto Metropolitan University professor who now directs that universitys Centre for Free Expression, has suggested that Fortiers lukewarm support for academic freedom is a sign of the times. As he wrote in 2017, Fortiers view that academic administrative leadership and provocative intellectualism shouldnt mix is becoming more common among university presidents. Turk, a former executive director of CAUT, has criticized Universities Canada, a body representing university chief executives such as Fortier, for endorsing a minimalist view of academic freedom, one that, much like Fortiers, demotes it to second place after what Universities Canada calls institutional requirements.

If the Fortier doctrine is false then it matters a great deal whether she pushed Potter out. While she has claimed that her administration regretfully accepted Potters resignation, more than one media outlet ran stories at the time describing his decision to step down as involuntary. As an editorial in Macleans that drew on unnamed sources put it, The use of the word resignation here is spurious. In 2017 a source inside McGill with knowledge of the case wrote to me with a narrative of events closer to the Macleans version than to Fortiers. While there was no immediate threat of Potter losing his job as a professor, when it came to the separate matter of his directorship, according to my source (who requested anonymity for fear of professional repercussions), Fortier in a meeting with Potter bluntly ordered him to resign from the position immediately, or she would tell the MISC board to strip it from him.

Other sources, who are not anonymous, support this version of events. Ken Whyte, publisher of Sutherland House and founding editor of the National Post, was on the MISC board when the scandal broke (I have a book under contract with Whytes press). Whyte, who resigned from the board over Fortiers handling of the affair, was on the phone with Potter when he was walking to the meeting that marked the end of his directorship. My impression was that resignation was the furthest thing from his mind, Whyte told the National Post in 2017. That was not the outcome that he was going for. He was hoping to see if he could keep his job. Similarly, the evening after Fortiers meeting with Potter, Daniel Weinstock, a tenured McGill law professor and a friend of Potters, said on Facebook that Potter was asked to resign a few hours ago. (Weinstocks remark was quoted in the 2017 cache of McGill emails, in a message from one administrator to another that asked, Has Andrew already told everyone?)

Potter himself never publicly confirmed that he was pressured to give up his dream job. But the nature of his position would have made it risky for him to speak candidly. He was what at McGill is known as an associate professor (professional), a position which, as his appointment letter noted, does not confer eligibility for tenure. Potters initial term was for three years. The renewal of his professorial position after that would require approval from administrators who worked under Fortier. Upsetting her could thus result in his contract not being renewed, which would leave him unemployed.

Potters arrangement, that of not being eligible for tenure, is increasingly the norm in Canadian universities. According to a 2018 report by the Canadian Centre for Policy Alternatives (CCPA), a left-leaning think tank, just over 53 per cent of all faculty appointments in Canada are of this kind. As the reports authors write, reliance on contract faculty appears to be largely driven by choices made by university administrations, raising questions about the role of universities as employer and educator. Our findings lead us to the conclusion that the heavy reliance on contract faculty in Canadian universities is a structural issue, not a temporary approach to hiring.

Most of these contract positions, unlike Potters, are part-time, low-wage positions. (Potter enjoyed the further advantage that after six years, his professorship could become indefinite). But, like these precariously employed academics, as the CCPA report terms them, Potter lacked the protection of tenure, one of the purposes of which is to offer faculty a strong safeguard against ill-considered demands by administrators. There is now a large academic class in Canada that will never know that protection. Potter, as a former newspaper editor, had an unusually high profile for a contract academic. If an administrator could quietly extract a resignation from him, imagine what pressure can be brought to bear in lower profile cases, which are less likely to make news.

Potter is a talented journalist capable of raising hell in print when the occasion calls for it. But the nature of his employment was such that the one story he dared not publicize when it counted most was his own. This limited the ability of the McGill faculty association, CAUT and similar organizations to defend his academic freedom. Advocacy organizations are most effective when they advocate for someone who can confidently speak out on their own behalf, which Potter declined to do. Similarly, media defences of Potter, which did appear, were less effective than they would have been had they included testimony from Potter countering Fortiers narrative. Fortier, by contrast, faced no corresponding limitation on her ability to disseminate her version of events. Indeed, she enjoyed the benefit of the considerable resources McGill has invested in PR, as Gabbert put it.

When the Potter affair was unfolding, the Canadian Association of University Teachers wrote to Fortier to express its concern. If Professor Potter was pressured or coerced into resigning, this would represent one of the most significant academic freedom cases in recent decades, its letter said. I believe Potter was pressured, and the outcome was indeed significant, most obviously for Potter, who has been quietly working as a professor at McGill even since, but also one would guess for other contract academics at McGill.

As for Fortier, if she did not compel Potter to resign, nothing in her actions afterward suggests any concern about the damage done to academic freedom, or to Potters career, or for the chilling message his resignation sent to other academics. Andrew Potter the person and academic freedom the principle were both inconvenient to her, so she treated both in a callous way. If she panicked and made a mistake in her handling of the situation, she did not, as far as we know, face formal consequences for it, and she is unlikely to ever face such consequences now.

Andy Lamey teaches philosophy at the University of California, San Diego. His book, Against Canadian Literature, is under contract with Sutherland House.

View original post here:
He wrote a controversial piece while in a leadership role at McGill. What the universitys response means for free speech on campus even years after...

Posted in Free Speech | Comments Off on He wrote a controversial piece while in a leadership role at McGill. What the universitys response means for free speech on campus even years after…