10 rules of the game when organizing campaigns (june 11, 2014)

10 RULES OF THE GAME WHEN ORGANIZING

CAMPAIGNS

by Mark D’[email protected]

mailto:[email protected]

mailto:[email protected]

RULE #1: STAND UP TO BULLIES. Remember all those Walt Disney movies and the villains in them. Well, these people really do exist in the government and especially in the development community. They will stop at nothing to achieve their goals – they will tell you lies, they will change meeting dates at the last moment so the community can’t make proper representation to City Council, they will refuse to send digital copies of development report so you can’t easily distribute them to fellow students or residents, they will hide in their office when you try to visit them, they will turn off your microphone when you try to speak, they will tell you that you are unable to ask any questions, and in general they will speak to you very harshly and make you feel that you should just go away and behave yourself. I have experienced all of this. But these people are just bullies. Bullies are all image. They want you to be scared of them. They are trying to intimidate you. So just ignore them.

- Ignore it when they tell you it is a done deal. That the project has already been approved and it is too late for you to do anything that can change it.

- Ignore it when they refuse to give you access to information, saying it is confidential or proprietary.

- Ignore it when they tell your fellow students or neighbours not to listen to anything you say because you are just a trouble maker.

- Ignore it when they refuse to reply to e-mails, registered letters, or phone calls.

10 Things I have learned along the way to be successful at grassroots community organization

(March 4, 2011) Presentation to Environment Minister Margaret-Ann Blaney at Wetland Consultation Meeting, Fredericton

http://www.youtube.com/watch?v=HG6J7ORpg0M



RULE #2: IGNORE THE BABYSITTERS IN VOLUNTEER GROUPS. So imagine that you are part of an organization and you start pushing for atough stand on an adverse development or safety issue. Out of the blue you get a phone call and a couple of other members want to meet you at a coffee shop to discuss the issue. When you get there they tell you to stop pushing this issue forward. This has happened to me on a number of occasions. And you know what you do, if you know you have all the correct information and that the alternative is going to be unsafe or adverse to your university or community, you simply say “I am not going to go along with you on this one.”

And always remember:

You donʼt have to ask permission.


RULE #3: FIND OUT ALL OF THE RULES AND REGULATIONS ABOUT AN ISSUE AND ASK THAT THEY BE FOLLOWED.

RULE #4: IF PROFESSIONALS DON’T DO RULE # 3, SEND A LETTER TO THEIR PROFESSIONAL ORGANIZATION AND ASK FOR AN INVESTIGATION INTO PROFESSIONAL MISCONDUCT.


RULE #5: GOVERNMENT OFFICIALS ARE BOUND BY DUTY TO CARE TO PROTECT THE PUBLIC SAFETY. They must take minimal measures to prevent streets, sidewalks, trails, and buildings from being a foreseeable hazard to the public. So write them a letter to that effect and hand-deliver it or send it by registered letter. Then wait for the matter to be cleared up because governments are afraid to death of tort liability. Not only can they can get sued but their personal actions can be brought up into court action.


“Members of City Council have a

duty of care to .....”

- duty to protect citizens from unnecessary & easily avoidable health risks

- duty to protect waterways, groundwater from contamination

- duty to preserve & restore forested wetlands to protect our properties from climate change

Fundamental obligations to protect public health and safety

Community Bill of Rights

Municipal Plan and Bylaws

Duty of Care

Building your community

“Home Rule” under US State Constitutions allows municipalities to be self-governing

Safe workplace & building sites (Worksafe NB)

Clean Water Act & Clean Air Act (NB Environment & Local Government)

The Supreme Court of Canada ruling that upheld the municipal pesticide ban of Hudson, Quebec (June 2001) is strong precedent that municipalities can impose Bylaws to protect their citizens and the environment.

114957 Canada Ltée (Spraytech, Société d’arrosage) v. Hudson (Town), [2001] 2 S.C.R. 241, 2001 SCC 40http://scc.lexum.org/en/2001/2001scc40/2001scc40.html

It was determined that all 3 levels of government control relevant parts of the environment.

"This decision motivated many municipalities, including Toronto, to consider passing pesticide bylaws." "As estimated 154 municipalities in seven (7) provinces - including 35 in Ontario - have passed bylaws to restrict pesticide use to protect health and the environment. This municipal leadership has prompted province-wide restrictions on the use and sale of pesticide, Eirst in Quebec and now in Ontario." (see City of Toronto reference below)

CITY OF TORONTO STAFF REPORT ON PESTICIDE BYLAW (May 04, 2009)www.toronto.ca/health/pesticides/pdf/bylaw.pdf

http://scc.lexum.org/en/2001/2001scc40/2001scc40.html

http://scc.lexum.org/en/2001/2001scc40/2001scc40.html

http://www.toronto.ca/health/pesticides/pdf/bylaw.pdf

http://www.toronto.ca/health/pesticides/pdf/bylaw.pdf

“36(2.1) A councillor of a municipality shall (a) consider the welfare and interests of the entire municipality when making decisions,

(b) bring to the attention of council matters that may promote the welfare or interests of

the municipality,” (page 65)

Under the Municipalities Act, it clearly states their obligations:

"current regulations are potentially insufficient to protect health and the environment."

REPORT -‐ SHALE GAS PRODUCTION SUBCOMMITTEE 2nd 90-‐DAY REPORT (issued by a federal panel on shale gas drilling,

Secretary of Energy, Nov. 18, 2011)http://www.shalegas.energy.gov/resources/111011_90_day_report.pdf

The Office of the U.S. Secretary of Energy issued this report on November 18, 2011:

http://www.shalegas.energy.gov/resources/111011_90_day_report.pdf





March 16, 2011 -‐ “New” wetlands map and policy was introduced, effectively practicing that more than 60% of the wetlands in this Province do not exist, breaking the province's own regulations on wetlands protection. All wetlands not shown on the map can now be destroyed without a Watercourse and Wetland Alteration (WAWA) permit.

before March 16, 2011

after March 16, 2011

Systematic Dismantling of our Environmental

Protection Policies in N.B.

March 16, 2011 -‐ “New” wetlands map and policy was introduced, effectively practicing that more than 60% of the wetlands in this Province do not exist, breaking the province's own regulations on wetlands protection. All wetlands not shown on the map can now be destroyed without a Watercourse and Wetland Alteration (WAWA) permit.

March 16, 2011 -‐ Environmental Impact Assessments (EIAs) not triggered for development projects that involve wetlands (larger than two hectares in size) that no longer exist on the wetland map;




Protection Policies in N.B.


Protection Policies in N.B.March 16, 2011 -‐ “New” wetlands map and policy was introduced, effectively practicing that more than 60% of the wetlands in this Province do not exist, breaking the province's own regulations on wetlands protection. All wetlands not shown on the map can now be destroyed without a Watercourse and Wetland Alteration (WAWA) permit.

March 16, 2011 -‐ Environmental Impact Assessments (EIAs) not triggered for development projects that involve wetlands (larger than two hectares in size) that no longer exist on the wetland map;

July 13, 2011 -‐ 19 watershed groups notieied that their ongoing project work to develop a Water ClassiYication Program was dropped because the regulations would be too difeicult to enforce. This would have provided the framework for a watershed protection regulatory framework here in New Brunswick.



Recommendations:

To ask our individual Councillors for a public debate and vote by Council:

(1) to ban high-impact industrial land use, including shale gas development, from the Fredericton city limits;

(3) to adopt resolution asking the Provincial Government to implement watershed-based source protection for our drinking water throughout the province.

(2) to adopt resolution asking the Union of the Municipalities of New Brunswick (UMNB), and the Provincial Government, to ban shale gas development from the province; and

RULE #6: MAKE YOUR OWN NEWS. The corporate media is full of fear,anxiety, pessimism, power and money, and the message that the little guy never succeeds. DON’T READ IT. If you are having trouble getting your message out, write it up yourself in a one-page handout in a newsletter and distribute it to students and neighbours door-to-door.


2002 - Provincially Significant Wetland status

Regent Street Bog was designated a Provincially Significant Wetland in 2002. This special legal protection was the result of numerous studies by botany and wildlife scientists and organizations.

The final designation was agreed by 3 government agencies: - Environment Canada- NB Department of Environment - NB Department of Natural Resources

Aerial Photograph: Department of Natural Resources NB Photo No. DNRE 98505-119

PRIOR TO DEVELOPMENT

(July 19, 1998)

Aerial Photograph: DigitalGlobe, GeoEye Map DataRetrieved from Google Maps on August 09, 2008

PRIOR TO DEVELOPMENT(after summer

2003)

Aerial Photograph: I-cubed, GeoEye Map DataRetrieved from Yahoo Maps on August 21, 2009

INFILLING THAT LEAD TO CONVICTION

(between June 29, 2006

and April 2007)

“REMEDIATION”AFTER

CONVICTION (August 22, 2008)

Aerial Photograph: Department of Natural Resources NB Photo No. DNRE 2008-513-130

NEWS RELEASE FOLLOWS:

FOR IMMEDIATE RELEASEATTENTION: NEWS EDITORS

IS NEW BRUNSWICK PROTECTING THEIR WATERSHEDS?

Fredericton Citizen Digs a 30metre Line in the Dirt to Test Environment Minister Roland Haché and Premier Shawn Graham’s Promise to Protect Watersheds

Fredericton, N.B., Canada August 07, 2008

The University of New Brunswick, is in the very early stage of developing over 1500 acres of its forested wetlands for development and has promised sustainable development and the protection of ecosystems (www.unb.ca/lms/woodlot/wprinciples.html). However, several wetlands have already been paved over or compromised during the last two years. Also, the Regent Street Bog borders property on Bishop Drive that is now being infilled for development. Earlier this year, this company was found guilty in Fredericton Provincial Court for violation of the Clean Water Act for an earlier infilling of this wetland. Government statements to date have said that any recent enforcement orders will not be made available to the public but that the developer, RAR Properties Inc., will comply with restoration work within 30-metre buffer of the wetland.

http://www.unb.ca/lms/woodlot/wprinciples.html




FOR IMMEDIATE RELEASEATTENTION: NEWS EDITORS

IS NEW BRUNSWICK PROTECTING THEIR WATERSHEDS?

(continued)

Two weeks have passed and no 30-metre buffer has been restored to the Regent Street Bog. The public can see this from Bishop Drive. To highlight attention to the infill of Fredericton’s watershed, Mark D’Arcy, a UNB Alumnus and long-time user of the UNB Woodlot, posted a YouTube video and chronology (www.youtube.com/watch?v=GCaSFvJiQq4&feature=related) where you can clearly see how the wetlands have been covered over without any buffer.

Mark D’Arcy, plans to start his action this 11:00 – 11:55 AM, Monday, August 11th, at the Regent Street Bog where it borders RAR Properties Inc., 585 Bishop Drive, Fredericton. Mr. D’Arcy will proceed to mark off the 30 metre buffer from the edge of the wetland. Then, with a shovel and 2 buckets, Mr. D’Arcy will start to remove the infill for one-hour each weekday morning.

http://www.youtube.com/watch?v=GCaSFvJiQq4&feature=related

http://www.youtube.com/watch?v=GCaSFvJiQq4&feature=related

June 2008- Enforcement Order issued after Court Conviction

“The restoration work being carried out by RAR is being closely monitored by staff of the Department to ensure it complies with the Order.” (Minister of Environment Roland Haché e-mail to resident Jon Oliver dated August 7, 2008.)

“As this Order is an enforcement measure, I am not at liberty to share with you the requirements of the Order. However, our Department does take the protection of wetlands seriously and will take all measures necessary to ensure they are protected.” (Minister of Environment Roland Haché e-mail to resident Mark D’Arcy dated August 6, 2008.)

Proceed with Private Prosecution

Mark and Caroline D’Arcy had no option but to go to Provincial Court. “After considerable media attention, and after personal pleas to Attorney General T.J. Burke of New Brunswick, and Environment Minister Roland Haché to intervene and enforce the Order in Council and our environmental legislation that protect this wetland, the infilling of Regent Street Bog went unchallenged by the Province of New Brunswick.”

(October 16, 2009) Meeting between Jeffrey Mockler (Director, Special Prosecutions, Office of the Attorney General), Ray Mather (Manager, Enforcement Services, Department of the Environment), Mark D'Arcy and Caroline Lubbe-D'Arcy.

(Ray Mather) "The Department's position is that the Enforcement and Compliance Policy was followed. Each case is determined on case specifics."

(Mark D'Arcy) "Has there ever been an order stemming from a court prosecution that resulted in a decrease in wetland?"

(Ray Mather) "I never remember one in the whole time that I have worked at Environment."

NEWS RELEASE: Attorney General's Office to stay Mark D'Arcy's Private Prosecution

FREDERICTON - A Fredericton citizen involved in a private prosecution of a local development company alleging thecompany destroyed part of the Regent Street Bog has been advised that the Attorney General of New Brunswick is goingto intervene in the case and stay the prosecution before the trial date of November 12th, 2009.

October 9, 2009

A Fredericton citizen involved in a private prosecution of a local development company alleging the company destroyedpart of the Regent Street Bog has been advised that the Attorney General of New Brunswick is going to intervene in thecase and stay the prosecution before the trial date of November 12th, 2009.

In a letter sent to D'Arcy's lawyer, Michel DesNeiges, it is stated that the Crown Prosecutor assigned to the file hasdetermined that there are no grounds to prosecute RAR Properties.

Last March, Judge Leslie Jackson called a trial date of November 12th to hear allegations of violations of the CleanWater Act in relation to Regent Street Bog, a Provincially Designated Wetland at the top of Fredericton. Over the next sixmonths, Mark D’Arcy and his wife Caroline Lubbe-D’Arcy invested both time and legal expenses toresearch and prepare the necessary documents with their lawyer.

D'Arcy began his private prosecution several months after a public prosecution saw RAR Properties plead guilty todestroying part of the very same bog. D'Arcy alleged that instead of respecting a restoration order given after the initialprosecution, RAR Properties proceeded to add additional infill and further encroach on the Provincially DesignatedWetland.

Newly available satellite and aerial maps clearly shows the additional encroachment. This would have been part of theevidence at trial.

"Faced with this new evidence, will the Minister of Environment simply acknowledge that he was not fully informed by hisstaff back in the summer of 2008, and order further restoration of the 30 meter buffer and wetland of Regent Street Bog?"asks D'Arcy.

MEDIA BACKGROUNDER

Private Prosecution Process: Under the Criminal Code and Canadian common law, every person has the right to initiatea private prosecution against an alleged offender.

A private prosecution occurs when an individual, or a group of individuals, gathers evidence of a wrongdoing, layscharges against the alleged offender, and then has those charges approved by a Provincial Court Judge. A privateprosecution is intended to enforce the law – often when the government has failed to enforce its own laws.

Mark D’Arcy and NBELS lawyer Michel DesNeiges laid a private “information” against RARProperties in March 2009 before a Provincial Court Judge in Fredericton.

An information, whether laid by a private citizen like Mr. D’Arcy or by the police, is commonly known as a“charge.” It is a sworn allegation, made before a Provincial Court Judge or a Justice of the Peace, that theInformant believes an offence has been committed.

If the Justice of the Peace finds the citizen’s charge is complete, then a “process hearing” (or a“charge confirmation hearing”) may be scheduled before a Provincial Court Judge. At this process hearing,there may be testimony by the Informant and additional witnesses, cross-examination, and legal argument. CrownCounsel for the provincial Attorney General is also entitled to participate in this hearing. At this charge confirmationhearing, if the Provincial Court Judge finds there to be sufficient evidence of the alleged offence, he or she will issue asummons compelling the accused to appear in Court at a specified date and time to answer the charges (either by pleaor by trial).

More information:

Michel DesNeiges (NBELS)…………………………………………(506) 389-8999

N.B. Environmental Law Society / Société pour l'avancement du droit de l'environnement du N.-B.

http://www.sade-els.org Powered by Joomla! Generated: 2 July, 2010, 21:34

RULE #7: KEEP YOUR ISSUE ALIVE IN THE PUBLIC EYE. On Saturday morning, set up an information table on the public right-of-way in front of the market. Make posters up and copy them on bright coloured paper and post them up on campus and in the community. The Boyce City Market gets over 5000 people coming to it on a Saturday morning. It only takes about 25 posters, a staple gun, and 30 minutes to blanket the four intersections and four streets that surround that market. Or you can come up with a great visual image and run with it. Hold up a big sign over your head that says “HONK for the UNB WOODLOT”. Distribute a pdf that can be printed off to make your own beaver headstone by simply taping a stick to it and dropping it into a flower bed on your way to class. THE POWER IS IN THE IMAGE, IN THE SIMPLE MESSAGE!


Have fun!



Have fun!


RULE # 8: PLAY THE ECONOMIC CARD. Smart growth versus sprawl are economic issues. It is well documented that developers actually profitmore from well-integrated projects that require more planning. Also, our homes are worth more in a sustainable Fredericton, and progressive businesses are attracted to a city with sustainable urban planning.

Bad developers pipe our streams, pave our parks and urban forests, and block our trails but our present government at all levels do nothing - hardly an inviting and sustainable city and province. A wide variety of development - open watercourses, green space, office buildings, tree-lined trails, mixed-density residential development for apartment dwellers,families, and seniors alike, retail businesses, urban forest – needs to be integrated together if we are serious about our quality of life, our tax base, prevention of urban sprawl, and job creation in Fredericton.


Forested Wetlands: Insurance in the face of

climate change....

- They act as giant sponges. 1 acre of wetland can hold 1.0-1.5 million gallons of floodwater = tremendous rainfall capture and storage capacity.

- At present, 20% of our municipal taxes go to stormwater and sewer infrastructure here in the City of Fredericton.

- The 21st-century Best Management Practices (BMPs) for stormwater and urban drainage is to keep the rainwater where it falls and allow it to drain away slowly.

- Our governments have an obligation not to pay for inferior solutions when nature provides a priceless solution for free.

Urban forested wetlands are well worth preserving:

Say no to shale gas. This will only burden our provincial government with increased costs for roads, health care, and environmental regulators. And it will create a chill in our economic growth and employment rate, as has been shown in every US jurisdiction where fracking has taken place. As we become known as a fracking province, New Brunswick will find it increasingly difficult to attract retired people, doctors, entrepreneurs, farmers, and young people to come and live beside these sacrifice zones.

Bring in legislation that encourages the growth of the local economy. (e.g. local agriculture, community forestry, community manufacture of value-added forest products, community energy projects, retrofit existing homes, build energy-efficient homes & buildings).

AND INSTEAD

Create jobs, forever. To ensure jobs and well-being are created for our children and all peoples, the responsible development of our natural resources such as solar, wind, biogas, and tidal will give 7X more jobs than the same investment in oil and gas (See the report at www.bluegreencanada.ca/more-bang-for-our-buck ). Not only will the resource development of clean energy and efficiency create more jobs and well-being, it will do so without the impacts to human health, wildlife, and the environment caused by shale gas development.

http://www.bluegreencanada.ca/more-bang-for-our-buck

http://www.bluegreencanada.ca/more-bang-for-our-buck

RULE #9: YOUR MOST POWERFUL WEAPON IS A PUBLIC MEETING. Set a date. Book the venue for the meeting. Then invite the politicians to speak to their constituents about the issue at the meeting. Spread the word to organizations and the public through leaflets delivered door-to-door to the neighbourhood, e-mails, Facebook, websites, posters on telephone polls, and media events.


Ward 10Sunshine Gardens, West Hill

& West Platt

MEET THE CANDIDATESQ&A - - A TOWN HALL MEETING

How do the candidates for Councillor in Ward 10 feel about issues important in your neigh-bourhood? Join us for this important event.

Contacts: Mario Fortunato (SG) 440-5731Monika Stelzl (WH) 472-0450

Taeyon Kim (WP) 455-0674


& West Platt


& West Platt

Wednesday, April 25th Location: Connaught Street School Time: 7:00 PM - 9:00 PM Small Donations accepted for cost of venue











Ward 10

Wednesday, April 25th Location: Connaught Street School Time: 7:00 PM - 9:00 PM Small donations at door gratefully accepted to cover cost of venue. How do the candidates for Councillor in Ward 10 feel about issues

important in your neighbourhood? Join us for this important event.

Neighbourhood Contacts: Mario Fortunato (SG) 440-5731, Monika Stelzl (WH) 472-0450, Taeyon Kim (WP) 455-0674

Sunshine Gardens, West Hil l & West Platt

MEET THE CANDIDATES Q&A - A TOWN HALL MEETING

Public Debateon Shale Gas

THURSDAYMAY 10TH, 2012 7:00-10:00PM

The audience asks the questions! Equal time will be given to the ‘Yes’ and ‘No’ panels to answer.

DATE: Thursday, May 10, 2012TIME: 7:00 pm - 10:00 pm LOCATION: Cathedral Memorial Hall, 168 Church Street, downtown Fredericton (across the street from Christ Church Cathedral on Brunswick Street)









EXPLORATION LICENSE AREAS 10+ KILOMETRES IN ALL DIRECTIONS



Important Public Lecture

Public Health Impacts of

Shale Gas And Fracking• Toxic air pollutants• Radioactive waste• Children’s health

Tuesday, June 19, 2012 at 7 p.m.

Room # 53, MacLaggan Hall, 33 Dineen DriveUniversity of New Brunswick

Fredericton, NB E3B 5A3

Speaker:! ! Barbara Harris, Environmental Health Researcher, ! ! ! Environmental Health Association of Nova Scotia.

Contacts: John Louis Deveau at 459-2907 or email [email protected] ! ! Sam Arnold at 506-328-9420 or email [email protected]

Sponsored by:Masters of Environmental Management, Faculty of Forestry and Environmental Management, UNB

CAPE (Canadian Association of Physicians for the Environment)TCA (Taymouth Community Association)

RULE #10: THERE ARE NO RULES. You are an individual and an organization that can do what they feel is right. We do live in a democracy after all.

And always remember the famous quotation by Mahatma Gandhi:

"First they ignore you, then they ridicule you, then they fight you, then you win."


"Letter From Birmingham Jail" (1963)by Dr. Martin Luther King, Jr.http://www.stanford.edu/group/King/frequentdocs/birmingham.pdf

ADDITIONAL READINGSome inspiration and ideas for community activism

"Beautiful Trouble - A Toolbox for Revolution" (2012)OR Books, 474ppThis sophisticated toolbox contains 31 Tactics, 53 Principles, 30 Theories, 34 Case Studies and 51 Practitioners.http://beautifultrouble.org/

http://www.stanford.edu/group/King/frequentdocs/birmingham.pdf

http://www.stanford.edu/group/King/frequentdocs/birmingham.pdf

http://beautifultrouble.org/tactic

http://beautifultrouble.org/tactic

http://beautifultrouble.org/principle

http://beautifultrouble.org/principle

http://beautifultrouble.org/theory

http://beautifultrouble.org/theory

http://beautifultrouble.org/case




http://beautifultrouble.org/practitioner

http://beautifultrouble.org/practitioner

10 rules of the game when organizing campaigns (june 11, 2014)

Government & Nonprofit

development community

safety issue

adverse development

professional organization

fellow students

public safety

government officials

meeting dates