02/26/14

Time to get serious with distracted drivers


Distracted drivingIn March, the fine for being caught texting,  talking on your cell phone, or tinkering with your MP3 player while driving will jump from $155 to $280 in Ontario.

That’s better, but not good enough.

Distracted drivers are a growing threat to everyone sharing the road – other drivers, pedestrians, and cyclists. We are all at risk.

As the CBC reported:

The fine for distracted driving in Ontario will soon nearly double.

As of March 18, driving with the display screen of a phone, computer, MP3 player or tablet computer visible to the driver will jump to $280 from $155. The total includes a $25 victim surcharge and $5 court costs.

Last week Ontario chief justice Annemarie Bonkalo signed a judicial order approving the new fines.

The fines will not apply to GPS screens.

It’s not enough. The legislation needs to be tougher. It needs to parallel the legislation about impaired driving, or street racing, with similar penalties and fines.

Curiously, as The Star notes, the provincial Liberals (an inconsistent and meandering party seemingly adrift the policy sea, but that’s another post…) didn’t support one of their own MPP’s private member’s bill which would have increased fines and added demerit points:

…the Liberals haven’t pushed a private member’s bill introduced last year by one of their own MPPs, Bas Balkissoon (Scarborough-Rouge River), calling for fines between $300 and $700 and demerit points after one of his constituents, a young mother and community volunteer, was killed by a distracted driver.
“This is a serious, serious community safety issue,” Balkissoon said. “One way or another, I’ll get it.”
He said he was concerned any legislation the government introduces could be delayed by a spring election, and also said he was “disappointed” Bonkalo set the fine at $280 and not his preferred level of $500, the Highway Traffic Act maximum.

So one has to question how seriously the Liberals take the problem.

As the Economist calls it, distracted driving is the “new drunk driving.”

THE driver who killed Jennifer Smith’s mother in 2008 by hitting her car at a crossroads was sober and had never received a speeding ticket. But he was talking on his mobile phone. He was so engrossed that when the policeman later asked him what colour the traffic light had been, the driver said he had not even seen one.

As the article notes, even hands-free devices add to distracted driving:

The human brain has to work harder to process language and communication with somebody who is not physically present. (Conversation with passengers is much less distracting, apparently because those passengers are also aware of the traffic situation and moderate their conversation.) A study by Carnegie Mellon University using brain imaging found that merely listening to somebody speak on the phone led to a 37% decrease in activity in the parietal lobe, where spatial tasks are processed. This suggests that hands-free use of mobile phones cannot help much. Such distractions, according to one study, make drivers more collision-prone than having a blood-alcohol level of .08%, the legal limit in America. It appears to raise the risk of an accident by four times. Texting multiplies the risk by several times again.

So we need some serious attention paid to technology and its social and cultural impact. One of the reasons our health care costs are skyrocketing seems to be easily found here: distracted drivers are causing an increasing number of accidents and deaths.

Distracted driving sticker

Simply raising the fine won’t change that. Paying $280 may be more of an annoyance to people than a real game changer.

Why don’t we treat it like street racing and stunt driving? That gets the driver an immediate suspension of his/her licence at the roadside, a minimum fine of $2,000, and it can be as high as $10,000. A street racing conviction can mean imprisonment for up to six months. It can also lead to a further suspension of the driver’s licence for up to two years for the first conviction and that can go as high as ten years for a second conviction! A convicted driver’s insurance rates increase 100% for the next three years, plus they get dinged six demerit points!

Now that’s a serious law. Distracted driving law? A slap on the wrist. The Ontario Ministry of Transportation’s own Road Safety Report for 2010 (the latest published) barely mentions distracted driving. Yet clearly the problem – and threat – is accelerating.

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02/17/14

Should councillors abstain from voting?


Abstain from votingIn an earlier post, I wrote that Collingwood’s Integrity Commissioner, Robert Swayze, proposed two changes to the town’s Procedural Bylaw: amending section 13.7 and deleting section 13.8. Last post I dealt with the former; here I will explain my concerns about the latter.

Section 13.8 currently reads:

13.8 No vote – deemed negative – exception
Notwithstanding the provisions of Section 13.7 of this By-law, every Member who is not disqualified from voting by reason of a declared pecuniary interest shall be deemed to be voting against the motion if he/she declines or abstains from voting.

In other words, no member of council, board or committee can abstain from voting when at the table: everyone present has to vote or have the abstention counted as a negative vote.

This is partially derived from Section 246 of the Municipal Act, which reads

Recorded vote
246. (1) If a member present at a meeting at the time of a vote requests immediately before or after the taking of the vote that the vote be recorded, each member present, except a member who is disqualified from voting by any Act, shall announce his or her vote openly and the clerk shall record each vote. 2001, c. 25, s. 246 (1).
Failure to vote
(2) A failure to vote under subsection (1) by a member who is present at the meeting at the time of the vote and who is qualified to vote shall be deemed to be a negative vote. 2001, c. 25, s. 246 (2).

So under the MA, you need to call a recorded vote to have an abstention deemed negative. That can get tedious. Other provinces don’t have this requirement. Saskatchewan’s guide for municipal councillors notes:

All Members Must Vote
Legislation requires every member of council including the mayor or reeve, to vote on every question. Members must not abstain from voting unless they have a pecuniary interest. If a member abstains from voting for any other reason legislation deems his or her vote as opposed to the motion. Minutes are required to record all abstentions from voting.

There’s a bit of confusion about rules of order and what rules to follow. Some people think our municipal meetings  - including board and committee – are governed by either Robert’s or Bourinot’s Rules of Order. That’s incorrect: we are governed by the Municipal Act and our Procedural Bylaw. Council and all boards, committees and task forces created by the municipality are bound by the procedural bylaw.

Mr. Swayze wrote in his report to council:

In my opinion, all members of Council should be encouraged to declare a conflict, whether pecuniary or not, if the member feels that he or she cannot be impartial in voting on a matter. If for example, a member sits on the board of directors of a charity and awarding grants to the charity is before Council, the Councillor should declare a conflict, refrain from voting and such a declaration should not be deemed to be a vote against the charity. I have recommended in Appendix “D” that personal conflicts be added to section 13.7 and that 13.8 be deleted from the Procedural By-law.

Like in my previous post, my concern is in the implementation, not the intent.

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02/16/14

Legal Versus “Personal” Conflicts of Interest


Conflict of interest?In May, 2013, I wrote my thoughts about Ontario’s Municipal Conflict of Interest Act and the effect it had on the governance and procedural behaviour of municipal councillors. Back then, I wrote,

The Act allows no grey areas: there are no “perceived” conflicts in law, only clearly defined legal ones. This is obviously intended by the stringent wording that lays out what construes a conflict of interest.

This clarity absolves everyone of trying to second guess the intention of the Act, or trying to interpret degrees of conflict.

For the MCOI Act, only pecuniary – i.e. financial – conflicts matter: only they have to be declared; only they affect procedure and governance. And only the person and his or her direct family – parents and/or children – are involved. Siblings or other relatives, friends and coworkers are not considered to present a conflict:

Indirect pecuniary interest
2. For the purposes of this Act, a member has an indirect pecuniary interest in any matter in which the council or local board, as the case may be, is concerned, if,
(a) the member or his or her nominee,
(i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public,
(ii) has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or
(iii) is a member of a body,
that has a pecuniary interest in the matter; or
(b) the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter. R.S.O. 1990, c. M.50, s. 2.
Interest of certain persons deemed that of member
3. For the purposes of this Act, the pecuniary interest, direct or indirect, of a parent or the spouse or any child of the member shall, if known to the member, be deemed to be also the pecuniary interest of the member. R.S.O. 1990, c. M.50, s. 3; 1999, c. 6, s. 41 (2); 2005, c. 5, s. 45 (3).

Last week at our Feb. 10 council meeting, in his report to council, Collingwood’s Integrity Commissioner, Robert Swayze, proposed changes to two sections of the town’s Procedural Bylaw. The proposed change to section 13.7 would add a clause for “personal conflict” to the bylaw, and I address that below. I’ll deal with the changes to section 13.8 in a subsequent post.

In his report, Mr. Swayze said,

In my opinion, all members of Council should be encouraged to declare a conflict, whether pecuniary or not, if the member feels that he or she cannot be impartial in voting on a matter. If for example, a member sits on the board of directors of a charity and awarding grants to the charity is before Council, the Councillor should declare a conflict, refrain from voting and such a declaration should not be deemed to be a vote against the charity. I have recommended in Appendix “D” that personal conflicts be added to section 13.7 and that 13.8 be deleted from the Procedural By-law.

In his oral presentation, he said that other municipalities had included similar “personal conflict” conditions in their own governance regulations. I did some research into those regulations this past week.

Mississauga has the term in its procedural bylaw, I found, but it lacks a firm definition of the term, leaving it open to individual interpretation. The other references I’ve found are in codes of conduct or policy statements.

I’m troubled by the potential pitfalls of implementation as presented, rather than the intent, and argue below that the appropriate place for such terms is in the town’s Code of Conduct.

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12/15/13

Canada Post writes its own obituary


National PostHeadline news this week: Canada Post moves to end home delivery.

End home delivery? For me, both as  a writer, a lay historian, and growing up in an era where letters were important for communication, business, family and for art, that’s just crazy. I mean really, seriously, way-more-insane-than-the-OLG crazy. But, in an age of declining letter writing – where the tyranny of the Twitterverse is reducing our literary skills to hashtags and cryptic abbreviations- it may be inevitable.*

Charlie Gillis wrote in MacLean’s wrote about the accelerating slide to digital communication back in  March, outlining both the challenges the postal service faces and some options for its future:

Robert Campbell, the author of a 2002 book on fixing postal services, led the review panel that recommended against the privatization of Canada Post. He says he suggested the reprieve, not as a permanent state of affairs, but as a temporary measure allowing the postal service to restructure to a new world of competition. “You’ve got what is basically a smokestack industry here that’s trying to modernize,” says Campbell, currently the president of Mount Allison University in Sackville, N.B. “It has huge legacy costs.”

Chief among its burdens: a $4-billion pension liability owed to current and retired employees that could hobble it in the face of leaner, private-sector competitors. Ottawa owes Canada Post the time—and possibly the financial assistance—to deal with that overhead before opening the field to its rivals, Campbell argues.

Well, Canada Post has shaken the tree of its own accord, sans the intervention of Ottawa (which, given the current government and its inability to deal with the scandals in the Senate or the PMO, might be just as well).

And on top of that seismic shift, CP will dramatically increase the cost of postage. So were they thinking, we’re  already losing money: let’s find another way to discourage users!

UK mail man, 1885(Okay, to be fair, CP should have raised the price quite some time ago. This history of annual one-two cent increases was never a good business model given Canada’s large distances and small populations. And given the value of the penny even when it was in circulation, a jump of five cents would hardly have mattered. But until 2011, CP was making money, so maybe it never occurred to them to squirrel away a little extra for the lean years.)

But what is happening to letter writing?

When I browse my book shelves I see collections of letters to and from some of the greats of history: Darwin, Einstein, Dickens, Wilde. I don’t imagine there will be many future books of great emails, great Facebook posts, or great tweets. Writing a letter takes thought, takes care, is an emotional and personal investment. Writing on social media is generally instant, immediate, thoughtless; a reflex, a reaction, not a considered act.

Blogs, of course, may sometimes be considered the exception – although counter-argument might be made that many blogs are just lengthier versions of the tweet, and others are simply a platform for a more vituperative – but similarly reactive – anger than a FB post. But even a blog does not involve the same sort of contemplative act that handwriting entails, simply because the technology allows us to revise and rewrite in a way that the handwritten word does not.

(Handwriting’s demise is really another topic, which I started on about months ago and now have to resuscitate that draft post to include this week’s news. On a personal note: although I blog and enjoy digital media, I also keep handwritten notebooks. Sadly, I too share the guilt in the decline of letter writing.)

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11/1/13

All the King’s Horses and All the King’s Men



Humpty Dumpty sat on a wall,
Humpty Dumpty had a great fall.
All the king’s horses and all the king’s men
Couldn’t put Humpty together again.

Humpty DumptyThat children’s nursery rhyme says a lot about the situation Toronto Mayor Rob Ford finds himself in, following the release of police reports, yesterday. The mayor is in, to put it politely, a pickle. Rather than reiterate all the brouhaha and the details of what the police reported, I direct you to read the CBC, Toronto Star, National Post, Globe and Mail and even the notoriously pro-Ford Toronto Sun newspapers and websites. They all say much the same, differing only in how much gleeful I-told-you-so they can insert into the stories.

Whether Ford is guilty – and remember, nothing has been proven – the story has been titillatingly sensationalized in the media so that pretty much everyone but Rob Fords thinks he’s guilty. Of what? Well, something. We’re not sure but he’s gotta be guilty of something. That’s what media sensationalism does.

Until he is charged with some crime, much of it is, of course, merely allegation and innuendo. The police haven’t charged him with anything. And if they do, his guilt is a matter for the courts to decide, not the media or the public. The public will have its say on Rob Ford on election day, in 2014.

Don’t get me wrong: I have no affection for the man, or his style. I think he has handled the story wrongly from the very beginning. He’s a boor, a loudmouth and a redneck with the media relation skills of a bull rhino. But I can empathize with him about how sensationalism in the media can align with allegation, rumour and gossip to damage your reputation and your ability to do the job you were elected to do. And there’s damn little you can do when you get on that roller coaster.

What matters right now is governance. And the relevant question is: does Ford’s situation hurt the effective governance and operation of the city?

The likely answer is yes. Ford’s ability to manage the role is seriously compromised, regardless of the truth of any accusation. If nothing more, the job is too often interrupted by non-sequitor media questions. Too much attention on the allegations, not enough gets given to the business of running Canada’s largest city.

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10/6/13

Internet Surveys: Bad Data, Bad Science and Big Bias


Falacious reasoningBack in 2012, I wrote a blog piece about internet polls and surveys, asking whether internet polls and surveys could be – or should be – considered valid or scientific. I concluded, after researching the question, that, since the vast majority lack any scientific basis and are created by amateurs – often with a goal to direct rather than measure public opinion – that,

Most internet polls are merely for entertainment purposes. They harmlessly allow us to believe we are being engaged and are participating in the process, and they make pollsters happy to receive the attention. They are, however, not appropriate tools for making political or social decisions unless they are backed by rigid, scientific and statistical constraints.*

Earlier that year, an editorial in a local newspaper wisely drew similar conclusions (emphasis added):

It’s said that there’s lies, damn lies, and statistics. You could also throw Internet polls into that mix. …

But anyone who takes the results to heart, or attributes any level of credibility to them, is horribly mistaken. We post those polls to gauge how the community feels about one issue or another, but otherwise there is little to no scientific basis to them.

And unlike a poll that’s usually conducted by the likes of Ipsos, Leger and Gallup – who use scientific principles to conduct many of their public-opinion polls – the results of an Internet poll can easily be ‘plumped’ by one side or the other enlisting family, friends and associates to vote, regardless of their level of understanding of an issue.

I wanted to follow up my earlier piece with some more information from the professionals in the polling and statistical analysis fields, as well as some journalistic comments. The reasons internet polls are unscientific and lack credibility has been addressed by many universities, professional polling companies and associations.

The National Council on Public Polls weighed in on this question, stating (emphasis added):

While different members of NCPP have different opinions about the potential validity and value of online surveys, there is a consensus that many web-based surveys are completely unreliable. Indeed, to describe them as “polls” is to misuse that term.

The NCPP then suggests a list of ten questions for journalists to ask to help clarify the results and the scientific methods used to create and assess the poll:

  1. Is the internet-based survey designed to be representative, and if so, of what population? If not, it is not worthy of being reported.
  2.  What evidence is there that the sample is representative of the population it claims to represent? Unless the internet-based survey can provide clear evidence that the sample is representative by demographic and/or other relevant information it is not worthy of being reported.
  3. How was the sample drawn? Many internet-based surveys are just “call-in” polls or are asked only of people who happen to visit a particular web site. These surveys usually do not represent or make any pretense to represent any other population, and are not worthy of being reported.
  4. What steps does the organization take to prevent people from voting more than once? Any poll which allows people to vote twice, or more often, is not worthy of being reported.
  5. How were the data weighted? Survey data may contain biases from a variety of causes. The magnitude of these biases and random errors are usually unknown to the researcher. Even so, weighting may minimize these biases and errors when there is a strong relationship between the weighting variable and data in the survey. If there is not a strong relationship weighting may make the survey results worse. Demographic weighting of internet-based surveys is essential but is not sufficient. Some firms, in addition to demographic weighting, are weighting on other variables in an attempt to reduce the biases of online data.
  6. What is the evidence that the methodology works and produces accurate data? Unless the organization can provide the results of their other internet-based surveys which are consistent with other data, whether from the Census or other surveys, the survey results are not worthy of being reported.
  7. What is the organization’s experience and track record using internet-based polls? Unless the organization can demonstrate a track record of obtaining reliable data with other online surveys, their online surveys should be treated with great caution.
  8. What is the organization’s experience and track record as a survey researcher using traditional survey methods? If the organization does not have a track record in designing and conducting surveys using the telephone or in-person surveys, it is unlikely that they have the expertise to design and conduct online surveys.
  9. Does the organization follow the codes of conduct of AAPOR, CASRO, and NCPP (whether or not they are members)? If they follow none of these, they are probably not a qualified survey research organization. The more of these Codes they follow, the more likely their data are to be reliable and be trusted.
  10. Is the organization willing to disclose these questions and the methods used (as required by the codes of conduct referred to in #9 above)? If the organization is unwilling to disclose, or unable to provide, the relevant information the survey is probably not worthy of being reported.

The NCPP also has a list of 20 questions journalists should ask about all poll results. They state in the introduction (emphasis added):

The only polls that should be reported are “scientific” polls. A number of the questions here will help you decide whether or not a poll is a “scientific” one worthy of coverage – or an unscientific survey without value. Unscientific pseudo-polls are widespread and sometimes entertaining, but they never provide the kind of information that belongs in a serious report. Examples include 900-number call-in polls, man-on-the-street surveys, many Internet polls, shopping mall polls, and even the classic toilet tissue poll featuring pictures of the candidates on each roll.

One major distinguishing difference between scientific and unscientific polls is who picks the respondents for the survey. In a scientific poll, the pollster identifies and seeks out the people to be interviewed. In an unscientific poll, the respondents usually “volunteer” their opinions, selecting themselves for the poll.

The results of the well-conducted scientific poll provide a reliable guide to the opinions of many people in addition to those interviewed – even the opinions of all Americans. The results of an unscientific poll tell you nothing beyond simply what those respondents say.

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