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Saturday, April 5, 2008

Cuba giving land to private farmers, hoping they'll do better than government

In a country where almost everyone works for the communist state, dairy farmer Jesus Diaz is his own boss. He likes it that way - and so does the government.

Living on a plot of land just big enough to graze four dairy cows, Diaz produces enough milk to sell about four quarts a day to the state.

This is independent production on a tiny scale, but it has proved so efficient that Cuba has decided on a major expansion of its program to distribute underused and fallow farmland to private farmers and co-operatives.

"It's a way for the land to end up in the hands of those who want to produce. I see it as a very good thing," said Diaz, 45.

He received his land and cows from the state in 1996, and now hopes to get access to more property.

The government is preparing for a "massive distribution of land," Orlando Lugo, president of Cuba's national farming association, said last week. Private farmers have begun receiving land for the cash crops of coffee and tobacco, and will soon be able to lease state land for other crops.

The idea is to revolutionize farming, one tiny plot at a time.

While attention has focused on President Raul Castro's people-pleasing moves to allow any Cuban who can afford it to buy a cellphone or stay in a luxury hotel, farmland distribution has been less noticed and is potentially much more important.

The bet is that independent farmers will do better on their own than toiling for state-run agricultural enterprises, which suffer from red tape, bad planning and lack of funding.

"The authorities, they leave you alone and let you produce," said Aristides Ramon de Machado, who got permission to plant bananas, papaya and guava in a lot by his home in Boca Ciega, east of Havana.

De Machado only grows enough for his family to eat and is prohibited from selling any surplus. But he said entrusting larger private farmers with more land will encourage them to increase production.

"Seeing the fruits of your own labour gives you pleasure in ways that working for someone else does not," he said.

Fidel Castro's revolutionaries seized all large farms for the state after toppling U.S.-backed dictator Fulgencio Batista in 1959, and officials insist the new liberalization isn't a betrayal of revolutionary values.

Independent farmers still face rules about what and how much they can plant, and risk losing their land if they fail to meet government production quotas. They are also required by law to sell any surplus to farmers' markets.

Increasing food production has been a top priority for 76-year-old Raul Castro, who succeeded his brother as president in February.

While distributing farmland to individuals has been tried before in Cuba, this time the government seems willing to give up more control to get better results.

For example, it has authorized state stores to sell supplies directly to farmers - a key concession, since for decades, individuals had trouble legally obtaining so much as a shovel. The state also is providing free fertilizer and feed.

And this time, local farming associations are being empowered to oversee the land reallocation, a prerogative once reserved for the Agricultural Ministry in Havana, although Lugo added that the municipal delegations still must report to a new "central control centre" lest land distribution "degenerate into chaos."

Cuba spends $1.6 billion annually on food imports, about a third of it from the United States, which exempts food and farm exports from its economic embargo of the island.

Cuba even imports 82 per cent of the $1 billion in rice, powdered milk and other staples it then rations to the public at subsidized prices - an astoundingly high figure for such a fertile country.

At farmers' markets, basics like cabbage and oranges are almost always available, but tomatoes and lettuce disappear during the rainy summer and imported apples are considered a rare delicacy.

State-controlled co-operatives operate like modern mega-farms on huge swaths of land, often using heavy equipment and sophisticated irrigation systems. The co-operatives control all kinds of crops, including signature products like sugar, though the high-quality tobacco that goes into Cuba's famous cigars is already mostly in private hands.

Many large co-operatives are losing money and failing to meet production quotas. Their workers have little incentive to improve things, since wages remain low no matter how well the farms do.

Meanwhile, many of the 250,000 private Cuban farmers must plant and pick their crops by hand, plowing with oxen and watering with buckets.

In Guira de Melena, 50 kilometres south of Havana, El Guateque is one of three supply stores islandwide that are now allowed to sell supplies directly to private farmers. It offers small items such as gloves, machetes, hoes and horse bridles.

Such tools may be humble and low-tech, but they help to produce 60 per cent of Cuba's total food output on just a third of its arable land.

In other moves to invigorate the industry, Cuba has settled outstanding debts to farmers and more than doubled what it pays milk and meat producers. Farmers say the government also is paying more for potatoes, coconuts, coffee and other products.

But if a farmland revolution is coming, it hasn't brought big profits to farmers yet. Diaz gets 2.50 pesos for a quart of milk, up from one peso. A peso is worth slightly less than five cents.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Notice of Contestation Under Estates Act Issued In Jurisdiction Other Than Application For Appointment As Estate Trustee Merely Irregular, Not A Nullity

Friday's detailed Court of Appeal decision in Omiciuolo v. Pasco, 2008 ONCA 241 considered whether a notice of contestation delivered pursuant to ss. 44 and 45 of the Estates Act was a nullity because it was issued in a different jurisdiction than the jurisdiction in which the application to be appointed Estate Trustee was brought.

The application for appointment as Estate Trustee was brought in Toronto, where the deceased had a "fixed place of abode" at death, as required under section 7 of the Estates Act.  However, the notice of contestation was issued in Newmarket, presumably to avoid the Rule 75.1.02 mandatory mediation requirement for estates matters in Toronto. 

The Court decided that the failure to issue the notice of contestation in Toronto was, at most, an irregularity and one that could be cured by transferring the matter to Toronto.

The decision is dense and carefully crafted; it deals with several issues, the question of irregularity or nullity of the notice being but one of many. It is worth reading by counsel involved in Estate matters; the Court of Appeal gave very close consideration to the issues.

That said, the decision is lengthy and technical and counsel wishing light reading for simple edification might prefer to review some Federal Court taxation decisions.

The Court ruled:

(a)       Irregularity rather than a nullity

[14]          I disagree with the application judge's characterization of the notice of contestation as a nullity because it was issued in Newmarket rather than in Toronto. 

[15]          The appellant applied to be the administrator in Toronto, where the deceased had a "fixed place of abode" at death, because she was required to do so under section 7 of the Estates Act.  However, she issued the notice of contestation in Newmarket.  It is reasonable to infer that she likely did so to avoid the rule 75.1.02 mandatory mediation requirement for estates matters in Toronto. 

[16]          Even if the appellant was entitled to choose Newmarket as her place of commencement under rules 38.03(1) and 13.1.01(1), the respondent unquestionably attorned to the Newmarket jurisdiction.  She did so when she issued a notice of appearance in that court, when she attended on the return of the appellant's initial application and agreed to the interim settlement, and when she filed her own cross-application with the Newmarket court.  Moreover, even if the proceedings should have been commenced in Toronto and not Newmarket, the failure to do so renders them only an irregularity that could have been remedied by a transfer of the proceedings from Newmarket to Toronto.  See rules 2.01 and 2.02 as well as rule 13.1.02 of the Rules.  Accordingly, I cannot agree with the application judge that the appellant's proceedings were a nullity.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Paris in Montreal

Hundreds show up at Montreal shoe store to see party girl Paris Hilton

April 5, 2008

THE CANADIAN PRESS

MONTREAL - Paris Hilton swept into Montreal on Saturday to meet her fans and sell some shoes.

Hundreds of people lined up on a Ste-Catherine Street sidewalk for as long as seven hours to check out Hilton's new footwear line.

"I'm so excited to be in Montreal again, I love Canada," Hilton told the horde of photographers and fans crammed into the back of the downtown Browns Shoes store.

"It's an honour to have my shoe line here. I'm very excited and I'm excited to see all my fans - I saw there's so many people outside."

Flashbulbs lit up the room as Hilton blew kisses, struck poses and showed off a pair of grey high heels from her collection.

Photo caption:Paris Hilton attends the Canadian launch of the Paris Hilton Footwear Collection at Browns Shoe Store in Montreal on Saturday April 5, 2008. THE CANADIAN PRESS/ Graham Hughes.

Fans shouted "I love you Paris" to the socialite as she strutted around a small stage.

"I love you all, thank you so much for coming, this is so exciting, and go buy my shoes," she said.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Pope Benedict stepping into big divide in U.S. church during April visit

April 5, 2008

Rachel Zoll, THE ASSOCIATED PRESS

NEW YORK - In his visit later this month to the United States, Pope Benedict will find an American flock wrestling with what it means to be Roman Catholic.

The younger generation considers religion important, but doesn't equate faith with going to church. Many lay people want a greater say in how their parishes operate, yet today's seminarians hope to restore the traditional role and authority of priests.

Catholic colleges and universities are trying to balance their religious identity with free expression, but are catching grief from both liberals and conservatives in the process.

Immigrants are filling the pews, while whites are leaving them. Nearly one-third of U.S. adult Catholics are now Hispanic, and they worry about being considered a separate, ethnic church.

Despite these divisions, Catholics have been energized by the Pope's trip.

The man who was once responsible for enforcing adherence to Catholic doctrine isn't likely to do much scolding. Instead, he's expected to recognize the relative vibrance of the American church, while emphasizing core Catholic values: the reality of absolute truth, the relationship between faith and reason, love for the faith.

"I think he's going to come in and try to inspire," said Dennis Doyle, a theologian at the University of Dayton, a Marianist school in Ohio.

"As Pope, he's really taken the positive track on a lot of issues. I don't think there's any reason he wouldn't continue to do so now."

Benedict has travelled to seven other countries since he was elected in 2005, but a papal journey to the United States is like no other because of the church's size and influence.

In a country founded by Protestants, Catholics comprise nearly one-quarter of the population. Catholic America is the biggest donor to the Vatican. The U.S. also is home to more than 250 Catholic colleges and universities.

There's an added urgency to this visit. While it will be Benedict's first trip to the country as Pope - he made five visits when he was Cardinal Joseph Ratzinger - it may also be his last. He turns 81 during his April 15-20 visit to Washington and New York, and he has less interest in travel than his globe-trotting predecessor, Pope John Paul II.

Americans don't know much about Benedict. But surveys conducted ahead of his visit found three-quarters of U.S. Catholics view him favourably. And many are clamouring to see him.

"I get 30 to 40 requests a day to get into the speech he's going to give at Catholic University," said Rev. David O'Connell, president of Catholic University of America, where Benedict will address leaders of the nation's Catholic colleges and universities. "There's a fascination with Pope Benedict, perhaps it is because there is more mystery about him."

They have less enthusiasm for religious observance.

About one-third of the more than 64 million U.S. Catholics never attend mass, and about one-quarter attend only a few times a year, according to a 2007 study by the Center for Research in the Apostolate at Georgetown University. A majority never go to confession or go less than once a year.

The generational split is stark: About half of Catholics born before the 1960s say they attend mass at least once a week, compared with only 10 per cent of those born since the 1980s.

Beyond religious practice, young and old American parishioners hold vastly different world views.

Older Catholics who remember the Second Vatican Council of the 1960s are still debating its modernizing reforms. The council changed everything from the role of lay people to the direction priests face while celebrating mass.

Benedict has revived some traditions and prayers that had been largely abandoned since Vatican II, refuelling the debate.

But young adult Catholics are fed up with the fight, according to James Davidson, a Purdue University sociologist of religion who studies American Catholics.

"They've become very impatient, and probably rightly so, with older generations, who see everything in terms of conservative-liberal, liberal-conservative, who they see as sometimes enjoying the ideological battle, even if it doesn't get them anywhere," Davidson said. "Problems aren't being solved, but people are yelling at one another."

The next generation of priests generally hold that same outlook.

Msgr. Thomas Nydegger, vice-rector of the Immaculate Conception Seminary School of Theology at Seton Hall University, said seminarians today are reaching back in Catholic tradition - like Benedict does - for rituals and clerical garb they find inspiring.

But they blend that interest with modern church goals: to serve parishioners and the larger community and to reach out to people of other faiths, he said.

"There is a great sense of the pastoral needs of the people of our parishes - the sick, the dying, the people dealing with tragedies in their lives," Nydegger said. "They want to reach out and let them see that the church embraces them."

The priesthood has been shrinking for decades. More than 3,200 of the 18,600 U.S. parishes don't have resident priests. Some dioceses are now hiring recruiters to travel overseas to find clergy candidates.

The number of priests from other countries is growing so steadily that Seton Hall and other seminaries have been adding English classes, hiring accent reduction tutors and developing courses explaining U.S. culture - inside and outside the church.

After ordination, the men are finding fewer resources to support their work.

While U.S. Catholics donate the most to the Vatican of any country, they donate to the local church at about half the rate of Protestants, according to Chuck Zech, a Villanova University professor who studies church finances. Church buildings are aging and are badly in need of maintenance. As the Catholic population grows in the South and West, new parishes are needed.

Many dioceses still haven't adjusted to the loss of free labour from nuns and priests, and are paying such low wages that turnover in schools and for other church work is high, Zech said. The Lay Faculty Association, a teachers' union, recently authorized a strike at 10 New York-area Catholic schools during Benedict's visit.

Beyond the daily expenses, dioceses have been paying out hundreds of millions of dollars in claims since the clerical sex abuse crisis erupted in 2002. Abuse-related costs for the church since 1950 have surpassed $2 billion.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Mental health group says police use of Taser is far better than a gun

People have died from being jolted by a police Taser but the shock device is better than lethal force, says a mental health advocacy group.

John Gray, a board member with the B.C. Schizophrenia Society, told a Commons committee Friday that a decade ago his group urged police to find another way to subdue mentally ill people after two B.C. residents were killed by police.

"If there is an elevated risk, we would like to choose the Taser over a gun," Gray said. "I have seen people volunteer to be Tasered, without apparent ill effects. I have never seen anyone volunteer to be shot by a gun."

Gray's opinion was in sharp contrast to two others who appeared before the Commons committee on public safety during a fact-finding trip to the Vancouver International Airport, where Robert Dziekanski died last October after being hit with an RCMP Taser. The committee is studying the growing use of the weapons by police across the country.

Both the B.C. Civil Liberties Association and lawyer Cameron Ward, who has represented the families of those who have died after being shocked by police, urged MPs to call for a moratorium on Taser use until further study can be done.

The association's Murray Mollard said politicians need to ensure that the shock device doesn't pose a risk of harm to Canadians.

"Rather than a second-last option in the use-of-force spectrum, it has become a much earlier and, in some cases, a first option in the use of force," Mollard told the committee. "We think the public has been misled by police authorities."

A time line presented to the committee by the Canada Border Services Agency showed RCMP at Vancouver's airport interacted with Dziekanski for just over a minute before he was jolted twice by a Taser and pinned to the ground.

The dramatic video of the interaction between the Polish immigrant and Mounties before his death was captured by a passerby and circulated worldwide on the Internet and TV.

"Robert Dziekanski's tragic case was unique in only one respect," Ward told the committee. "It was unique in that the circumstances of his death were captured on videotape."

Ward said 336 people have died in North America since September 1999 after being given a 50,000-volt shock died and many of them have died in the same way.

"Most of the cases involved people who were not armed, people who were acting erratically and who were Tasered more than once," he said. "Many of them involve people who were Tasered in what is called by the manufacturer the dry-stun mode."

Dry stun is when the weapon is fired while placed against a person's body.

It's the same way RCMP outside Victoria twice shocked a handcuffed 15-year-old boy last month, including once in the chest, while he was in the back of a police cruiser.

"Before the Star Trek-type Taser, 50,000-volt weapon came on the scene police officers were able to subdue people who needed medical attention without having 336 of them drop dead inexplicably," Ward concluded. "We have to be wary of sophisticated, new technological solutions."

When Tom Smith, chairman of Taser International Inc, testified before the committee in January he said he and his brother invented the Taser after two friends had been killed and they wondered why there wasn't a better way to stop someone without using lethal force.

"We grew up watching Star Wars and Star Trek and asked why we couldn't make a non-lethal phaser," he said. "That's what led us to start the company."

The committee is one of more than a dozen investigations into Taser use prompted by Dziekanski's death, including an ongoing criminal investigation, an upcoming public inquiry and a coroner's inquest.

Steve Tuttle, Taser International's vice-president of communications, said in a terse news release Friday that Taser would take part in the investigations.

"Taser International wishes to provide information to all inquests and inquiries in Canada and looks forward to the opportunity to assist in these matters."

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Friday, April 4, 2008

Stiff sentence for man convicted of spreading HIV

A man convicted of knowingly spreading the virus that causes AIDS was handed an 18-year prison sentence Friday after a judge declined to declare him a dangerous offender.

Carl Leone pleaded guilty last year to 15 counts of aggravated sexual assault after failing to inform his sexual partners of his HIV status. Five of the 15 women are now HIV-positive.

On Friday, Superior Court Justice Joseph Quinn handed Leone 15 consecutive sentences totalling 49 years a number Quinn reduced to 18 years to better reflect sentencing guidelines laid out in the Criminal Code.

In passing sentence, Quinn said Leone committed a "despicable and selfish crime for five to 10 minutes of sexual gratification."

Mr. Leone, 32, will have to surrender a DNA sample, and his name will be added to Ontario's sex offender registry.

He will be eligible for parole in six years.

Defence lawyer Andrew Bradie, who noted he hadn't spoken with his client, said outside court the sentence was fair and that he would not appeal.

Mr. Leone's mother left the courthouse with tears in her eyes, accompanied by Leone's father and sister. The family did not comment.

Mr. Justice Quinn told the court that Mr. Leone's age, his lack of a criminal record and the fact he pleaded guilty to spare his victims the trauma of testifying were factors in his sentence.

At his dangerous offender hearing in February, Mr. Leone expressed remorse and said he hopes he can be forgiven and one day return to the community.

A dangerous offender designation would have jailed Mr. Leone indefinitely.

Mr. Leone, who helped run his wealthy parents' music store, was told in 1997 by Windsor Essex County Health Unit workers that he was HIV-positive seven years before his arrest on June 6, 2004.
Court has heard that Mr. Leone lived in a "sex-drenched, drug-drenched environment" that included frequenting strip clubs and having casual sex.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Summary Judgment and Limitation of Actions

Canada (Attorney General) v. Lameman, 2008 SCC 14, released yesterday, considered the application of limitation periods to aboriginal land claims.

 

While narrowly focused on the land claims issue the case has broader application for limitation defences in a summary judgment context.  The short lesson is that evidence to deal with the issue of discoverability must be put forward failing which an expired limitation period will be taken to bar a claim.

 

In 1877, the Papaschase Indians were allotted a reserve in what is now southeast Edmonton.  In 1886, Chief Papaschase and other members of his Band surrendered their treaty rights and rights connected with the Reserve in exchange for a cash payment.  Three men and their families, found to be the remaining members of the Band, entered into an agreement with the government in 1889 to surrender their interest in the Reserve with a view to its sale or lease, on the condition that the proceeds be held in trust and paid to Band members and their descendants.  In 2001, the plaintiffs, claiming to be descendants of Chief Papaschase and other Papaschase Band members, commenced an action against the Crown for breach of fiduciary duty, fraudulent and malicious behaviour, and treaty breach.  The Crown applied for summary dismissal of the claims.  The chambers judge granted the application.  He found that (1) most of the claims in the action failed to show a genuine issue for trial; (2) the plaintiffs did not have standing to bring the action; and (3) the claims were barred by the Alberta Limitation of Actions Act, with the exception of the claim for an accounting of any proceeds of sale of the Reserve the Crown might still have in its possession.  The Court of Appeal set aside the decision, holding that all or most of the issues raised were genuine, triable issues, including the standing and limitations issues.  The Supreme Court allowed the appeal and restored the decision of the chambers judge.

 

The Court held that a defendant who seeks summary dismissal must prove that there is "no genuine issue of material fact requiring trial".  In this case, there is no "genuine issue" for trial.  Assuming that the claims disclosed triable issues and that standing could be established, the claims, except the claim for an accounting, are barred by the Limitation of Actions Act.  The claim relating to the accounting of any proceeds received from the sale of the Reserve is a continuing claim and not caught by the Act.  The evidence filed by the government established that the causes of action now raised would have been clear in the 1970s to the plaintiffs, exercising due diligence.  The plaintiffs filed no material in response to this evidence.  The only available inference on the state of the evidence is that the causes of action became discoverable within the meaning of the Limitation of Actions Act in the 1970s and that the claims are now statute-barred.  Accordingly, the plaintiffs' action should be dismissed, with the exception of the claim for an accounting, provided that the Crown is still in possession of the funds received from the sale of the reserve lands and that a plaintiff demonstrate that he or she has standing to bring this claim.

 

James Morton

Steinberg Morton Hope & Israel

1100-5255 Yonge Street

Toronto, Ontario

M2N 6P4

 

416 225 2777

 

Blog:  http://jmortonmusings.blogspot.com/

 

Charles De Gaulle

I have come to the conclusion that politics are too serious a matter to be left to the politicians.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Breach of Statute No Ground for Civil Claim

Often clients will want to sue on the basis that some statutory or regulatory duty has been breached. This is not an unreasonable expectation and several common law jurisdictions allow for a claim to be made for breach of statutory duty.

Canada, however, does not allow such claims except where expressly authorized by statute. Indeed, today's Court of Appeal decision in Canadian Alliance of Pipeline Landowners' Associations v.  Enbridge Pipelines Inc., 2008 ONCA 227 goes so far as to suggest such a cause of action cannot exist -- the law will not develop that way.

The Court writes:

[31]          There is no nominate tort of statutory breach in Canada . ...

.[32]          Since there is no nominate tort of statutory breach, a statutory obligation – in this case the obligation to pay compensation for damages resulting from the exercise of a pipeline company's statutory powers – cannot itself give rise to a civil cause of action unless the statute which establishes the obligation expressly provides for a right of action:  Canada v. Saskatchewan Wheat Pool, [1983] 1 S.C.R. 205 at 225.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Thursday, April 3, 2008

John Ruskin

Say all you have to say in the fewest possible words, or your reader will be sure to skip them; and in the plainest possible words or he will certainly misunderstand them.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Mugabe rigging in slow motion

Human rights lawyer Dewa Mavhinga: 'If Zimbabwe's army and police think that they can hold the nation hostage they are dreaming; no-one can stop the wind of change that is sweeping across Zimbabwe, not Mugabe, not Chihuri, and not Chiwenga.'

---------------

04 April 2008

By Dewa Mavhinga (Human Rights lawyer)

Not this time around; Mugabe must simply GO.

Against the backdrop of a blatantly unfair pre-election environment, Zimbabweans voted on 29 March to indicate the direction they want to country to go.

According to electoral laws, all votes are counted, verified and displayed outside each polling station. This is especially useful since much of the rigging has taken place in the counting of the vote.

Voting ended at 7pm and, in an unprecedented move, Zimbabwe Electoral Commission delayed announcing results for at least 36 hours and only started a slow process of announcing results at 6am on Monday, 31 March. The MDC, through its elections directorate, simply collected and collated all votes displayed outside polling stations and announced a resounding victory for Tsvangirai's MDC.

Because of the highly suspicious behaviour of ZEC of taking too long to announce official results, there are genuine fears that Mugabe and ZANU PF want to subvert the will of the people and silence the people who have spoken through the ballot by fixing figures and announcing that Mugabe and ZANU Pf as winners. There are rumours now swilling in Harare that security chiefs are in marathon meetings preparing to rig elections and prepare to crush any challenge to their electoral fraud.

I must say the conduct of ZEC is reckless and inconsiderate as it puts the nation at risk of a Kenya style revolt as the absence of official results for no apparent reason creates tension and anxiety in the people. It is criminal and treasonous for security chiefs to interfere with the counting of the vote and the announcements; security chiefs must be warned that days of lawlessness and mayhem in Zimbabwe are over, in a new Zimbabwe we will hold them to account for their actions.

If Zimbabwe's army and police think that they can hold the nation hostage they are dreaming; no-one can stop the wind of change that is sweeping across Zimbabwe, not Mugabe, not Chihuri, and not Chiwenga. Mugabe has said his conscience will not let him sleep if he steals an election (l wonder how he has managed to sleep since 2000), so he must heed his conscience and do the honourable thing of respecting the will of the nation.

Zimbabwe needs a new political leadership with fresh ideas. Zimbabwe cannot move on with Mugabe at helm; Mugabe must go, and he must go now before he plunges our beloved country into chaos and bloodshed. ZANU PF may want to take comfort in the knowledge that they have rigged before and there was no uprising and South Africa and others looked away and pretended all was well. That was then, this time the people of Zimbabwe will defend their vote; the prospect of another disastrous five years with Mugabe and ZANU PF is motivation enough to take the struggle to the next level, on the streets.

What Zimbabwe needs is a new leader with fresh ideas, not the look-east nonsense and diet of starvation that we have known with Mugabe. This time the rigging is easier to expose because results are displayed at polling stations; so we must defend the vote and pray that all patriotic and peace loving security forces must join the people of Zimbabwe and say no to Mugabe. Let us all stand up and act to stop Mugabe squandering our future.

The people of South Africa must stand in solidarity with us in Zimbabwe during this, our hour of great need, and prevail on Thabo Mbeki to demand that Mugabe respects the will of the people. The African Union has rejected all forms of unconstitutional changes of government and the massive electoral fraud unfolding in Zimbabwe is clearly unconstitutional and must be severely condemned as such by AU. In the case of Kenya, the African Union led the international community in activating the international duty to protect the fundamental rights of Kenyans, sadly, it was after considerable loss of life.

My appeal to Mbeki and SADC is that they help stop this madness in Zimbabwe now before Mugabe plunges us into total darkness. It is with a heavy heart and tears in my eyes that l write this appeal. Now that the people have spoken, Mugabe and ZANU PF have a moral and legal obligation to give expression to the voice of the people and the respect the
outcome of the elections. In Shona we say, Chisingaperi Chinoshura - which extorts all to know that everything has an end; for Mugabe and ZANU PF's leadership of Zimbabwe the end has come and l urge them to accept it.

Dewa Mavhinga is a Zimbabwean Human Rights Lawyer and Deputy Coordinator of the Zimbabwe Human Rights NGO Forum, International Liaison Office.

James Morton

Sent from my BlackBerry device on the Rogers Wireless Network

Mugabe Starts Crackdown

By ANGUS SHAW, Associated Press Writer

 

9 minutes ago

 

HARARE, Zimbabwe - President Robert Mugabe's government raided the offices of the main opposition movement and rounded up foreign journalists Thursday in an ominous indication that he may use intimidation and violence to keep his grip on power.

 

Police raided a hotel used by the opposition Movement for Democratic Change and ransacked some of the rooms. Riot police also surrounded another hotel housing foreign journalists and took away several of them, according to a man who answered the phone there.

 

"Mugabe has started a crackdown," Movement for Democratic Change secretary-general Tendai Biti told The Associated Press. "It is quite clear he has unleashed a war."

 

The New York Times said that its correspondent Barry Bearak was taken into custody by police.

 

"We do not know where he is being held, or what, if any, charges have been made against him," said Bill Keller, executive editor of the Times. "We are making every effort to ascertain his status, to assure that he is safe and being well treated, and to secure his prompt release."

 

Biti said the raid at the Meikles Hotel targeted "certain people ... including myself." Opposition leader Morgan Tsvangirai was "safe" but had canceled plans for a news conference, Biti said.

 

He said that Thursday's clampdown was a sign of worse to follow but that the opposition would not go into hiding.

 

"You can't hide away from fascism. Zimbabwe is a small country. So we are not going into hiding. We are just going to have to be extra cautious," he said.

 

While the election commission has issued results for the parliamentary races held Saturday alongside the presidential race, it has yet to release any presidential count. A presidential candidate needs at least 50 percent plus one vote to avoid a runoff, which would have to be held within 21 days of the first round.

 

The opposition says that Tsvangirai won the presidential race outright, but says it is would take part in a runoff.

 

Mugabe's Deputy Information Minister Bright Matonga said Thursday that Mugabe was ready for a runoff, dashing hopes that he would bow quietly off the national stage he has dominated for 28 years.

 

"President Mugabe is going to fight. He is not going anywhere. He has not lost," Matonga said on the British Broadcasting Corp. "We are going to go hard and fight and get the majority required."

 

The 84-year-old Mugabe was shown on state television Thursday meeting African Union election observers, his first public appearance since the elections.

 

Matonga accused the opposition of trying "to get rid of President Mugabe at all costs and that is what we are going to fight."

 

"This election campaign was not a campaign for democracy but a campaign for regime change," he said, going on to say that the opposition was sponsored by the West. He said ZANU-PF would go back and "regroup" and campaign "very vigorously in "a very peaceful manner."

 

International concern mounted about the continuing delays.

 

"We still have not seen the important thing, which is real live election results," said State Department spokesman Tom Casey. "We need to see an official tally, see it soon and have assurances made that this is actually a correct counting of the votes."

 

"Delays raise serious questions in our minds about what is going on in the vote counting," he said.

 

Former U.N. chief Kofi Annan said the continuing delays were dangerous. He urged the government and the electoral commission to scrupulously observe the electoral law and "to declare the election results faithfully and accurately."

 

"We live in an open world today and indeed the eyes of the world are on Zimbabwe, on its Electoral Commission, on its President. I urge them to do the right thing, to respect the Constitution and to obey the electoral laws. The election results should be released now," he said.

 

Mugabe has ruled since his guerrilla army helped force an end to white minority rule in then-Rhodesia and bring about an independent Zimbabwe in 1980.

 

He ordered the often-violent seizures of white-owned commercial farms, ostensibly to return them to the landless black majority. Instead, Mugabe replaced a white elite with a black one, giving the farms to relatives, friends and cronies who allowed cultivated fields to be taken over by weeds.

 

Today, a third of the population depends on imported food handouts. Another third has fled the country and 80 percent is jobless. Inflation is the highest in the world at more than 100,000 percent and people suffer crippling shortages of food, water, electricity, fuel and medicine. Life expectancy has fallen from 60 to 35 years.

 

These must be apocryphal

These 16 Police Comments were taken off actual police car videos around the country:

16. 'You know, stop lights don't come any redder than the one you just went through.'

15. 'Relax, the handcuffs are tight because they're new. They'll stretch after you wear them a while.'

14 'If you take your hands off the car, I'll make your birth certificate a worthless document.'

13. 'If you run, you'll only go to jail tired.'

12. 'Can you run faster than 1200 feet per second? Because that's the speed of the bullet that' ll be chasing you.'

11. 'You don't know how fast you were going? I guess that means I can write anything I want to on the ticket, huh?'

10. 'Yes, sir, you can talk to the shift supervisor, but I don't think it will help. Oh, did I mention that I'm the shift supervisor?'

9. 'Warning! You want a warning? O.K., I'm warning you not to do that again or I'll give you another ticket.'

8. 'The answer to this last question will determine whether you are drunk or not. Was Mickey Mouse a cat or a dog?'

7. 'Fair? You want me to be fair? Listen, fair is a place where you go to ride on rides, eat cotton candy and corn dogs and step in monkey poop.'

6. 'Yeah, we have a quota. Two more tickets and my wife gets a toaster oven.'

5. 'In God we trust, all others we run through CIPC.'

4. 'How big were those 'two beers' you say you had?'

3. 'No sir, we don't have quotas anymore. We used to, but now we're allowed to write as many tickets as we can.'

2. 'I'm glad to hear that the Chief (of Police) is a personal friend of yours. So you know someone who can post
your bail.'

AND THE WINNER IS....

1. 'You didn't think we give pretty women tickets? You're right, we don't. Sign here____________________

James Morton

Sent from my BlackBerry device on the Rogers Wireless Network

Shades of Air India

Planes destined for Canada were among those allegedly targeted in a British terrorism plot that dramatically changed airline travel and had the potential to eclipse the damage caused by the 9/11 attacks.

Prospective jurors in a British court were told yesterday that eight men were on trial for plotting to blow up transatlantic flights with liquid explosives in a series of co-ordinated attacks on up to 10 commercial jetliners.

While the case made headlines around the world when the group was arrested in 2006 and ushered in new security measures that restricted airline passengers from travelling with liquids, yesterday was the first time an alleged Canadian connection was revealed.

"This case concerns an allegation that in 2006 a number of men planned to create bombs which some of their number would take on board passenger aircraft flying from London Heathrow to various destinations in the U.S.A. and Canada," Justice David Calvert-Smith said at Woolwich Crown Court in London.

"It is further alleged that the bombs were planned to be set off when the aircraft were airborne and that the bombers and everyone else on board would be killed."
Air Canada spokesman Peter Fitzpatrick would not comment on reports that the company's planes had been targeted in flights for Toronto and Montreal, adding he could not discuss a case that is before the courts.

"Air Canada always has and we will continue to cooperate with security agencies to ensure the safety of our passengers," he said yesterday.

Canadian officials from Public Safety and Transport Canada similarly would not comment on the specific allegations.

Patrick Charette of Transport Canada did say the department works closely with the Royal Canadian Mounted Police and the Canadian Security Intelligence Service "to address specific threats identified by these agencies."

Melisa Leclerc, spokesperson for Public Safety Minister Stockwell Day, noted in an email that as the trial progresses "more information will become public."

The revelation of a Canadian connection may have surprised some, since at the time of the arrest, government officials did not disclose any threat to flights bound for Canada. At the time, Day said no Canadians were involved in the plot.

Liberal public safety critic Ujjal Dosanjh said yesterday he was disappointed that he learned of the Canadian link from media reports out of Britain and not from the Canadian Air Transport Security Authority.

"I always believe the public's right to know is paramount," he told reporters in Ottawa.
"You also don't want to scare the public unnecessarily and I think in that sense, they may have used their judgment. But at some point, it was incumbent on them to advise us as Canadians, and if we have to hear it from the British, that's not acceptable."

Britain's largest anti-terrorism case opened yesterday with jury selection. The prosecution is expected to begin presenting its case today, at which point more details concerning the Canadian dimension may emerge.

The accused, most of whom are in their 20s and of Pakistani background, are accused of conspiracy to murder and of planning acts of violence likely to endanger the safety of an aircraft. Both charges carry maximum sentences of life imprisonment.

The accused are: Abdulla Ahmed Ali, 27; Assad Sarwar, 27; Tanvir Hussain, 27; Mohammed Gulzar, 26; Ibrahim Savant, 27; Arafat Waheed Khan, 26; Waheed Zaman, 23; and Umar Islam, 29.

The security scare garnered international attention after police carried out a series of raids on homes and businesses across England on Aug. 9 and 10.
Police said they had been conducting audio and video surveillance on a London apartment they called a bomb factory, where they allege the accused experimented with bomb components.
Their plot involved a previously unknown method of attack: smuggling liquid explosives in plastic sports-drink bottles, along with detonators, which would be assembled into bombs on board.

A senior British security official, speaking on condition of anonymity, told The Washington Post last week that the plot was a "a sophisticated piece of work" that might have killed "2,500 or 3,000" passengers.

Had the planes exploded in the mid-Atlantic, evidence would have been lost and investigators may not have been able to pinpoint what kind of bombs were used, said the official.
The massive roundup of suspects led to the cancellation of hundreds of flights in and out of Britain.

It also prompted airlines to undertake major reviews of baggage security and to restrict the amount of liquids permitted in carry-on baggage.

In Canada, passengers are allowed liquids, gels and aerosols in containers no bigger than 100 millilitres, which must fit into a 1-litre plastic bag.

Similar restrictions exist in Britain and the U.S.

Bail Pending Appeal

Bail pending appeal is often the basis of rather desperate telephone calls to counsel.  The calls basically come to “GET ME OUT!!!”

Of course, the answer is not usually the one the client (or their spouse etc) wants to hear. 

Bail pending appeal is not granted without some solid basis.  An arguable appeal is a condition precedent to release pending appeal.

Yesterday’s Court of Appeal decision in R. v. Di Guiseppe, 2008 ONCA 223 sets out the test well.  To obtain bail pending appeal the convict has to show that detention is not necessary in the public interest, that surrender will not be an issue and that the appeal is not frivolous.

The Court writes:

[10]          In this case, which involves an appeal from conviction and in time, no doubt, an application for leave to appeal sentence, the standard to be applied in determining whether to grant release pending determination of the appeal, is established by s. 679(3) of the Criminal Code.  It falls to the applicant to establish: 1) that the appeal is not frivolous; 2) that the applicant will surrender himself into custody in accordance with the terms of any release order; and 3) that the applicant’s detention is not necessary in the public interest. 

[11]          It is common ground that the single issue in controversy concerns the requirement of s. 679(3)(a) that the applicant demonstrate that the appeal is not frivolous.  Said somewhat differently, the applicant must show an arguable ground of appeal.  It is inadequate to the task to simply recite the grounds of appeal asserted, rather the applicant must produce information about the circumstances that underlie the claims of error, thereby to satisfy the standard erected by s. 679(3)(a).  See, R. v. Davison and DeRosie (1974), 20 C.C.C. (2d) 422 at 423 per Brooke J.A.

[12]          To discharge the onus imposed by s. 679(3)(a), the applicant relies upon particularized complaints about the form of the count upon which he was ultimately convicted and the basis of liability advanced on behalf of the prosecution. 

            …

[17]          It is not for the applicant to demonstrate certitude of appellate success, only that the particularized grounds of appeal are arguable.  That threshold, I am satisfied has been met. 

 

 

James Morton

Steinberg Morton Hope & Israel

1100-5255 Yonge Street

Toronto, Ontario

M2N 6P4

 

416 225 2777

 

Blog:  http://jmortonmusings.blogspot.com/

 

Wednesday, April 2, 2008

Iceland Isn't Melting

By HANNES HOLMSTEINN GISSURARSON
April 2, 2008

REYKJAVIK, Iceland

The global credit crisis has sparked fears that Iceland's economic miracle is about to unravel. Critics point to the large current account deficit and private-sector debt as evidence of impending doom. As a result, investors have pushed down the krona about 20% against the euro in the last month alone, forcing the central bank to lift rates by 125 basis points to 15%.

But fears of a meltdown in my subarctic homeland are vastly overblown. True, the current account deficit was 16% of GDP last year, but that's an improvement from more than 25% in 2006. And while net private-sector debt is about 120% of GDP, there is virtually no public debt in Iceland. This is largely the result of unparalleled political stability and continuity. The business-friendly Independence Party has led the government since 1991 and has turned persistent fiscal deficits into surpluses, cutting the public debt to a projected 3.8% of GDP this year from 32.7% in 1994.

The bulk of Iceland's private debt is the result of aggressive investing by banks and investment funds. But this brings us to the second reason why Iceland should not be regarded as a high-risk country. To correctly assess the health of the economy, it's not enough to look only at the future value of the investments financed by this debt but also at the new capital that has been created in Iceland over the last 16 years. This new capital, rather than reckless borrowing, is the main explanation why Icelandic investors have recently been able to play a far more important role in international finance markets than the small size of our economy might suggest.

Where did this new capital come from? In the early 1990s Icelanders, traditionally a nation of fishermen, developed an ingenious system of semiprivate property rights -- so-called individual transferable quotas, or ITQs -- for their rich fish stocks. Each fishing firm holds a transferable and divisible right to harvest a given proportion of the total allowable catch in each fish stock over each year. Before the reform, fishing was for free, which led to overfishing and overinvestment. Only with the introduction of the ITQs has the fishing stock in essence become registered, transferable capital, which could be used as a collateral. The total value of these fishing rights is about $5 billion.

The second source of new capital in Iceland came from the extensive privatization of public assets since 1991, including banks, and investment funds. Capital which had laid largely dormant in public companies became registered, transferable and could be used as collateral. The additional value of Iceland's privatized assets is about $6 billion.

Third, Iceland has (on a per capita basis) one of the strongest state pension systems in the world, according to the OECD. The total assets of the pension system, not counting various private pension plans, amounted to about $24 billion at the end of 2006, more than the total GDP of about $17 billion in that year.
What has happened in Iceland since 1991 can best be explained by Hernando de Soto's famous contrast between dead and liquid capital. Many poor countries are held back in their development because capital is unowned, unregistered, untransferable and cannot be used as collateral. The transformation of the Icelandic economy since 1991 was essentially one to liquid from dead capital.
So it is no mystery why in recent years Icelandic investors have been able to burst upon the international financial scene. What's more, Iceland's main export goods, seafood and aluminium, presently fetch record prices.

In the current financial crisis, there is less reason to be worried about Iceland than about many other places. Iceland is not melting down.

Mr. Gissurarson is a board member of the Central Bank of Iceland and a professor of political theory at the University of Iceland.
James Morton

Sent from my BlackBerry device on the Rogers Wireless Network

Legal trailblazer Delwin Vriend urges Alberta government to protect gays

Ten years after his landmark legal victory over the Alberta government, gay rights activist Delwin Vriend is urging the province to include protection for gays in its human rights legislation.

Vriend says it's embarrassing to Alberta and Canada that the rights still aren't spelled out in provincial law. Vriend made history on April 2, 1998, when the Supreme Court ordered the province to legally protect gays.

That's never officially been done, although the 1998 court decision means gays are by default protected in Alberta.

The province's culture minister says language explicitly protecting gays will be looked at as part of a review of Alberta's human rights laws.

Vriend and his supporters say the decision in his favour 10 years ago influenced other rulings across Canada such as the one that led to the recognition of same-sex marriage.
James Morton

Sent from my BlackBerry device on the Rogers Wireless Network

Zimbabwe crisis in the hands of African leaders

Leaders in southern Africa have been given the task of persuading President Robert Mugabe to accept the results of Zimbabwe's elections, according to diplomatic sources.

South Africa's President Thabo Mbeki has been asked by US President George W. Bush to use his influence on Mugabe while Tanzanian President Jakaya Kikwete is seen as an important link man with the opposition, say the sources.

While the sensitive nature of the negotiations meant no sources would talk on the record, African and European diplomats confirmed that negotiations were under way.

"With African problems, there has to be an African solution," said one senior European diplomat based in Harare.

Many governments fear a repeat of the violence that erupted in Kenya after disputed elections in December which left about 1,500 dead.

Henri Mumba, deputy foreign affairs minister of Zimbabwe's near neighbour Malawi, said the overarching desire was for peace.

"The most important thing is that we hope the results will be accepted by all so that there is peace and tranquility in Africa," Mumba told AFP.

Mugabe, at 84 Africa's oldest leader, has never been known to take kindly to advice -- especially from some of the continent's younger leaders who lack his track record as a leader of a liberation movement.

But with the opposition having already proclaimed victory in the weekend polls, his options are limited and all sides want to dissaude him from ordering troops onto the streets.

Key to any solution is finding a way to reassure Mugabe that he will not be hung to dry over accusations of human rights violations and several sources said Mugabe may be given some kind of honourary role.

"Key people in the SADC region, like Mbeki, like Kikwete and others, they have developments here very high on their agenda," a second senior European diplomat told AFP from Harare.

"They are trying behind the scenes to influence the situation."

Mbeki was tasked by the 14-nation Southern African Development Community (SADC) last year with mediating between Mugabe's ruling ZANU-PF and the opposition over the framework of the polls.

Relations between the West and the Mugabe regime have plummetted in recent years. The United States and the European Union imposed sanctions on the president and his inner circle after accusing him of rigging his 2002 re-election.

Ties between Zimbabwe and Britain have been particularly strained since the government began expropriating white-owned farms and Mugabe has consistently tried to portray the MDC as puppets of the former colonial master.

Given Mugabe's stance, the West has largely placed the responsibility for resolving the crisis in Zimbabwe -- where inflation is now running at over 100,000 percent -- in the hands of SADC and Mbeki.

SADC monitors dismayed the opposition on Sunday when it declared the elections, while not without flaws, had been credible.

However the SADC observer mission chief, Angolan Sports Minister Jose Marcos Barrica, has returned to Luanda and the diplomatic efforts are now in more senior hands.

A diplomat in Pretoria said the role of Kikwete, who hosted an emergency summit on Zimbabwe last March after Tsvangirai and other opposition leaders had been beaten up by the security forces, was seen as crucial.

"He has much less baggage than Mbeki," said the source, referring to MDC accusations that the South African president has been too soft on Mugabe.

Another Pretoria-based diplomat said it was understood that Bush and British Prime Minister Gordon Brown had asked Mbeki to intervene.

Brown said Tuesday that he had spoken to Kofi Annan, the former UN secretary general who mediated a power-sharing agreement in Kenya, and planned to speak to Kikwete.

One senior European diplomat said former Mozambican president Joaquim Chissano, who has a track record of mediation and was the best man at Mugabe's wedding, was understood to be in Harare. There was no official confirmation of Chissano's presence.


James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Robertson Davies, "A Voice from the Attic", 1960

The world is full of people whose notion of a satisfactory future is, in fact, a return to the idealised past.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Tuesday, April 1, 2008

The Nation Formerly Called Rhodesia

Today it seems hard to believe that Zimbabwe was once a prosperous, grain exporting nation (of course, that was when the country was called Rhodesia)... .
From the Scotsman:

THE end of Robert Mugabe's reign looked to be drawing near last night as senior aides tried to negotiate a "safe haven" deal for the 84-year-old dictator in South Africa, following his likely defeat by Morgan Tsvangirai in last weekend's presidential polls.

Mr Mugabe, who has ruled Zimbabwe with an iron grip since 1980, has been told he is trailing the Movement for Democratic Change (MDC) leader in preliminary results sources said.

It emerged yesterday that the president's right-hand man, Emmerson Mnangagwa, flew to Pretoria on Monday to discuss plans for a safe haven, which would see Mr Mugabe immune from prosecution at The Hague.

Another option for Mr Mugabe may be to fly to Malaysia.

Last night, in his first public appearance since the election, Mr Tsvangirai said his party was not involved in the deal.

At a news conference, the MDC leader insisted: "Let me inform you there is no way the MDC will enter into any deal before the electoral commission has announced the results.

"Let's wait for the election commission to complete its work, then we can discuss the circumstances that will affect the people," he said.

He added: "Robert Mugabe has said he's an honest man. I hope that when the results are announced, it's a true reflection of the vote and there's no reason to investigate fraud."

Mr Tsvangirai also urged the electoral commission "to proceed with haste, and I think two and a half days is not haste at all." His party will release its own complete tallies today. Mr Mugabe has been warned he could provoke a Kenya-style uprising if he declared himself the winner of the polls.

It has also emerged that, as the full scale of Mr Mugabe's defeat became clear to observers, Zimbabwe's security chiefs ordered the country's electoral commission to announce parliamentary results so it looked as if the MDC and Mr Mugabe's ruling Zanu-PF were closely matched. Since Monday, the Zimbabwe Electoral Commission (ZEC) has had to stage-manage announcements, broadcasting small batches of results every four or five hours.

By last night, authorities had announced results for 140 out of 210 constituencies. The two factions of the MDC had taken a total of 72 seats with 68 for Zanu-PF.

The MDC believes Mr Tsvangirai has won between 55 and 56 per cent of the vote on the back of widespread discontent with Mr Mugabe's disastrous 28-year rule.

However, analysts have warned that Mr Mugabe may yet find a way to cling to power. In a clear sign of unease, the former guerrilla leader has not been seen in public since Saturday.

Concerns have also been raised that Mr Mugabe could grab the presidency and dissolve parliament by presidential decree – possible according to Zimbabwe's constitution.

Zimbabwe's master vote-rigger is down but not out

ROBERT Mugabe, who rigged Zimbabwean election results in his favour three times between 2000 and 2005, is facing the biggest challenge yet to his vote-juggling skills following the presidential and parliamentary elections.

The problem facing Mr Mugabe is that the opposition Movement for Democratic Change (MDC) has so obviously, by nearly every informed account, won both polls by huge majorities.

However, no-one should discount the 84-year-old's skill.

The huge delay in the release of the results indicates Mr Mugabe and his top party and military aides are shocked by the scale of the defeat. But it is equally certain they are working on a surprise that will, at least, maintain for them a degree of power and rule out prosecution for crimes against humanity.

The few people, beyond his immediate circle, who are reasonably close to Mr Mugabe believe he is emotionally incapable of admitting defeat.

However, one whisper in Harare is that he is preparing to do so and will accept a safe exile, probably in Malaysia, where he has stashed most of his considerable wealth. For a man who has said: "Let me be Hitler tenfold," who has boasted of his "degrees in violence" and has warned he will only be taken from power in a coffin, this is the least likely scenario.

Another whisper is he is preparing to share power with MDC leader Morgan Tsvangirai. This is not impossible, but Mr Tsvangirai would need to be at his most naive to accept such an arrangement. That leaves fixing the election in favour of himself and the ruling ZANU-PF party.

The slow fix, in which Mr Tsvangirai's vote would be declared at just under 50 per cent, would involve a run-off presidential election between the MDC leader and Mr Mugabe. This would give Mr Mugabe, his military chiefs and ruling party bigwigs plenty of time to manipulate the poll.

But the way parliamentary election results are oozing out suggest a late spurt of votes for ZANU-PF from rural areas will secure a narrow majority in parliament. In which case, why delay fixing of the presidential vote?

Mr Mugabe will go for the quick fix. He will then step down in the next five years, secure in the knowledge that he can live without fear of prosecution. A new ZANU-PF leadership will then try to repair the damage he has inflicted on his country: it will be a prolonged job.

Thomas Carlyle

Our main business is not to see what lies dimly at a distance but to do what lies clearly at hand.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Payday Loans

The media is reporting that limits on payday loan rates will go into effect soon.

On the one hand that is good. People taking payday loans are often (not always) unsophisticated and have no real sense of just how high the loan rates really are.

But ... on the other hand, the payday loan business is highly competitive and the rates are high for a reason.

Default.

The default rate for lenders of last resort is very high. What's more, the profit margin of payday loan providers is very ordinary.

And there's the rub. If payday loan rates are regulated too low then the loan providers will go out of business. But the people needing small loans to get by will still need small loans. And they will get those loans but from illegal loan sharks at brutal rates and enforcement policies that would be familiar to Mac the Knife.


James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Man sought in shootings was on bail at time

Second man makes first court appearance

The man wanted in the cold-blooded shooting of six young men outside an Etobicoke apartment block was free on bail from an earlier criminal charge at the time, police said Monday.

Owen Anthony Smith, 25, is wanted on a Canada-wide warrant for murder and attempted murder in the shooting two weeks ago in which five men were wounded and an 18-year-old Somali-Canadian youth was killed in the crowded alcove.

Det.-Sgt. Brian Borg, the lead investigator in the case, said Monday that Smith was free on bail at the time of the March 14 shooting, while his
alleged accomplice was on probation.

He would not say what the charges were for which the two men had been released, but said they were not violent crimes.

Wendell Damian Cuff, who was arrested Sunday, made a brief but tense court appearance on Monday. He is charged with first-degree murder and five counts of attempted murder in the shooting death of Abdikarim Ahmed Abdikarim and the wounding of five of his friends.

Marian Abdikarim, the victim's sister, said it was difficult to look at the accused during the brief appearance. "He has a face of no remorse," she said outside court.

"He has no remorse, nothing on his face. It's just blank. And you are sitting there and you can't do anything and it just makes me shiver."

Police say Cuff was one of two men seen in a chilling videotape made public last week showing the shooting.

"The video was shocking," said Borg. "But I think it shocked a lot of people into doing something about this sort of thing happening in our city."

The tape, taken from the apartment building's surveillance cameras, shows two men approaching the alcove where Abdikarim and five friends were standing -- just off-camera in the video. One of them pulled out a handgun and began firing repeatedly into the alcove, before both men fled the scene.

Borg said the video led to a number of tips from the public that helped him ultimately identify the two suspects.

He said information from the five young men wounded in the shooting also helped lead police to the two men.

James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4