A Canadian nationality - not French-Canadian, nor British-Canadian, nor Irish-Canadian: patriotism rejects the prefix - is, in my opinion, what we should look forward to, that is what we ought to labour for, that is what we ought to be prepared to defend to the death.
Thomas D'Arcy McGee, 1862
Thomas D'Arcy McGee, PC, (April 13, 1825 – April 7, 1868) was a Canadian journalist, Father of Confederation, and the only Canadian victim of political assassination at the federal level.
D'Arcy McGee was born on April 13, 1825 in Carlingford, Ireland and raised as a Roman Catholic. In 1843 at age 17 he emigrated to the United States where he found work as assistant editor of Patrick Donahoe's Boston Pilot, a Catholic newspaper in Boston, Massachusetts. A few years later he returned to Ireland where he became politically active and edited the nationalist newspaper The Nation. His support for the Fenians and his involvement in the Irish Confederation and Young Irelander Rebellion of 1848 resulted in a warrant for his arrest. McGee escaped the country via steamship dressed as a priest and returned to the United States.
In the US, he founded Irish-American publications in New York City and Boston, and generally supported the cause of Irish immigrants.
In 1857 he went to Canada where he set up the publication of the New Era in Montreal, Quebec. Politically active, he advocated a new nationality in Canada, to escape the sectarianism of Ireland. In 1858, he was elected to the Legislative Assembly of the Province of Canada and worked for the creation of an independent Canada.
Moderating his radical Irish nationalist views, McGee denounced the Fenian Brotherhood in America that advocated a forcible takeover of Canada from Britain by the United States. A faction of American Fenians sent an invasion force into Canada in 1866 that was repelled by Canadian forces and arrested by the American authorities.
Canadians, with Irish sympathizers in their midst, and spurred by numerous rumours of another, more massive invasion, lived in fear of the Fenians for several years.
McGee was elected to the 1st Canadian Parliament in 1867 representing the riding of Montreal West. On April 7, 1868, D'Arcy McGee was assassinated in Ottawa, Ontario likely by Fenians.
Saturday, July 12, 2008
Bob Rae in Moose Jaw -- Canada Must Protect Our Water Supply
Canada's water resources will be one of the issues facing Canadians in the next federal election.
Speaking to in Moose Jaw recently, Bob Rae, the Federal Liberal Party's election platform committee co-chair, says Canada must ensure there are no bulk exports of water to other nations; he says there are serious issues around conservation.
"With climate change there's going to be some serious issues with drought in certain parts of the country, of water shortages in others parts of the country that we're going to have to deal with. and make sure that we've got a real handle on how to make sure we become a leader in conservation and protecting what is a very valuable Canadian resource".
Rae says his party will be talking about water in the next election campaign. "It's going to be a serious issue for us as for other parties. I can only say that to me this is a critical resource for Canada. There definitely cannot be bulk exports to other countries, we've got to make sure that we're preserving this resource".
Rae says we must ensure there are no bulk exports of water to other nations, and that our resources are not vulnerable under NAFTA. "I think there's a concern that if water were to be perceived as a commodity that some people might try to take advantage of that under NAFTA. But I can tell you emphatically that it is my view and I think it should be embodied in legislation that water is not a commodity, it's a precious natural resource that belongs to all Canadians and we should make sure it's protected".
Speaking to in Moose Jaw recently, Bob Rae, the Federal Liberal Party's election platform committee co-chair, says Canada must ensure there are no bulk exports of water to other nations; he says there are serious issues around conservation.
"With climate change there's going to be some serious issues with drought in certain parts of the country, of water shortages in others parts of the country that we're going to have to deal with. and make sure that we've got a real handle on how to make sure we become a leader in conservation and protecting what is a very valuable Canadian resource".
Rae says his party will be talking about water in the next election campaign. "It's going to be a serious issue for us as for other parties. I can only say that to me this is a critical resource for Canada. There definitely cannot be bulk exports to other countries, we've got to make sure that we're preserving this resource".
Rae says we must ensure there are no bulk exports of water to other nations, and that our resources are not vulnerable under NAFTA. "I think there's a concern that if water were to be perceived as a commodity that some people might try to take advantage of that under NAFTA. But I can tell you emphatically that it is my view and I think it should be embodied in legislation that water is not a commodity, it's a precious natural resource that belongs to all Canadians and we should make sure it's protected".
Green Shift, NEP and Canada
There has been a lot of chatter saying the Green Shift is the same thing as the NEP -- clearly it is not but the politics behind the NEP (which was a siginifcant factor in the rise of the New Conservative Party) makes the linkage politically useful, at least to some.
Let's look at what the NEP was.
Because of high oil prices and local shortages of oil in the 1970s (remember the oil crisis, President Nixon and the 55 mph limit, gas rationing in some parts of America?), the Canadian economy was in deep trouble. Inflation was out of control and interest rates were through the roof. Oil prices were hurting Canada as a whole.
The NEP was designed to promote oil self-sufficiency for Canada, maintain the oil supply, particularly for the industrial base in eastern Canada, promote Canadian ownership of the energy industry, promote lower prices, promote exploration for oil in Canada, promote alternatives to oil, and increase government revenues from oil sales through a variety of taxes and agreements. The government took a share of oil revenues directly as a sort of partner in business as well as more traditionally through taxation.
Among other things the NEP's Petroleum Gas Revenue Tax instituted a double-taxation mechanism that did not apply to other commodities, such as gold and copper; this mechanism was, arguably, the most problematic part of the NEP. The program would "... redistribute revenue from the [oil] industry and lessen the cost of oil for Eastern Canada..." in an attempt to insulate the Canadian economy from the shock of rising global oil prices. In short, the NEP was a national government's response to an international crisis.
The program was extremely unpopular in Western Canada, especially Alberta, and the poor performance of Alberta's economy was blamed, in large part, on the NEP and its wealth transfer mechanism.
Now, how does the lessons of the NEP apply today?
First, governmental programs trying to manage the economy on a non-economic basis, while attractive in theory, don't work in practice. The Green Shift is, and must be, revenue neutral -- it cannot be a way to raise new revenue but rather it must be a way to develop incentives to move from carbon based products to other sources of energy. Economic incentives work but government running businesses does not.
Second, policies must be equal, and seen to be equal, across the entire country. Alberta is not an object to be processed by Ottawa; Alberta is at the heart of Canada and holds the key to its future. Alberta is Canada.
That's why Stéphane Dion is right to insist that the Green Shift is nothing like the NEP
and why he was right to go across the country to explain it. That's why the revenue neutral nature of the Green Shift must always be emphasized -- all Canada needs a shift away from carbon.
The importance of the Green Shift is that it will benefit all Canadians. As Dion said in Alberta this week, “If we don't put a price on carbon, it will not be good for Alberta. It will not be good for Canada as a whole, but it will not be good for Alberta,” adding that a tax on greenhouse gases would bring “Canada closer to what the world expects from a rich economy like ours.”
Let's look at what the NEP was.
Because of high oil prices and local shortages of oil in the 1970s (remember the oil crisis, President Nixon and the 55 mph limit, gas rationing in some parts of America?), the Canadian economy was in deep trouble. Inflation was out of control and interest rates were through the roof. Oil prices were hurting Canada as a whole.
The NEP was designed to promote oil self-sufficiency for Canada, maintain the oil supply, particularly for the industrial base in eastern Canada, promote Canadian ownership of the energy industry, promote lower prices, promote exploration for oil in Canada, promote alternatives to oil, and increase government revenues from oil sales through a variety of taxes and agreements. The government took a share of oil revenues directly as a sort of partner in business as well as more traditionally through taxation.
Among other things the NEP's Petroleum Gas Revenue Tax instituted a double-taxation mechanism that did not apply to other commodities, such as gold and copper; this mechanism was, arguably, the most problematic part of the NEP. The program would "... redistribute revenue from the [oil] industry and lessen the cost of oil for Eastern Canada..." in an attempt to insulate the Canadian economy from the shock of rising global oil prices. In short, the NEP was a national government's response to an international crisis.
The program was extremely unpopular in Western Canada, especially Alberta, and the poor performance of Alberta's economy was blamed, in large part, on the NEP and its wealth transfer mechanism.
Now, how does the lessons of the NEP apply today?
First, governmental programs trying to manage the economy on a non-economic basis, while attractive in theory, don't work in practice. The Green Shift is, and must be, revenue neutral -- it cannot be a way to raise new revenue but rather it must be a way to develop incentives to move from carbon based products to other sources of energy. Economic incentives work but government running businesses does not.
Second, policies must be equal, and seen to be equal, across the entire country. Alberta is not an object to be processed by Ottawa; Alberta is at the heart of Canada and holds the key to its future. Alberta is Canada.
That's why Stéphane Dion is right to insist that the Green Shift is nothing like the NEP
and why he was right to go across the country to explain it. That's why the revenue neutral nature of the Green Shift must always be emphasized -- all Canada needs a shift away from carbon.
The importance of the Green Shift is that it will benefit all Canadians. As Dion said in Alberta this week, “If we don't put a price on carbon, it will not be good for Alberta. It will not be good for Canada as a whole, but it will not be good for Alberta,” adding that a tax on greenhouse gases would bring “Canada closer to what the world expects from a rich economy like ours.”
Claims For Negligence In Implementing Court Orders May Succeed
Yesterday’s Supreme Court of Canada decision in Holland v. Saskatchewan, 2008 SCC 42 says governments can be sued for negligence when they negligently fail to implement a judge's orders. It is important to note that the ruling merely says the claim could succeed – it is a pleadings decision.
The appellant represented a group of game farmers who refused to register in a federal program aimed at preventing chronic wasting disease in domestic cervids, because they objected to the broadly worded indemnification and release clauses in the registration form. As a result, the farmers’ herd status was down‑graded to the lowest level, reducing the market price of their product and diminishing their ability to sell it. On judicial review, the farmers established that these clauses had been invalidly included in the registration form and obtained a declaration that the government’s action of reducing the herd certification status was unlawful.
Despite the court’s ruling, the government took no steps to reinstate the farmers’ certification or compensate them for the revenue they lost. They commenced a class action against the Minister, claiming damages on three grounds, including the tort of negligence. The motions judge denied the government’s motion to strike the farmers’ claims in negligence, but the Court of Appeal held that no action lies against public authorities for negligently acting outside their lawful mandates and struck out the cause of action in negligence in its entirety.
The Supreme Court allowed the appeal but only in part.
The statement of claim, read generously as required in an application to strike, focused mainly on two alleged acts of negligence: requiring the game farmers to enter into the broad indemnification agreement and down‑grading the status of those who refused to do so. In both cases, the alleged fault was the failure of the public authority to act in accordance with the authorizing acts and regulations. The Court of Appeal correctly held that the appellant’s claim for negligently acting outside the law, or breach of statutory duty, does not constitute negligence and rightly struck the paragraphs of the statement of claim asserting this cause of action. Even if the requirement of proximity were established, policy considerations, including the chilling effect and specter of indeterminate liability, militate against recognizing this new instance of negligence.
However, the Court of Appeal failed to address the appellant’s central claim alleging negligent failure to implement a judicial decree to remedy the wrongful reduction of the appellant’s herd status. The implementation of a judicial decision is an "operational" act that public authorities are expected to carry out. Therefore, in this case, it is not clear that an action in negligence based on the breach of a duty to implement a judicial decree could not succeed in law. Read broadly, the pleading was sufficient to put the government on the notice of the essence of the appellant’s claim and it should not have been struck out.
The appellant represented a group of game farmers who refused to register in a federal program aimed at preventing chronic wasting disease in domestic cervids, because they objected to the broadly worded indemnification and release clauses in the registration form. As a result, the farmers’ herd status was down‑graded to the lowest level, reducing the market price of their product and diminishing their ability to sell it. On judicial review, the farmers established that these clauses had been invalidly included in the registration form and obtained a declaration that the government’s action of reducing the herd certification status was unlawful.
Despite the court’s ruling, the government took no steps to reinstate the farmers’ certification or compensate them for the revenue they lost. They commenced a class action against the Minister, claiming damages on three grounds, including the tort of negligence. The motions judge denied the government’s motion to strike the farmers’ claims in negligence, but the Court of Appeal held that no action lies against public authorities for negligently acting outside their lawful mandates and struck out the cause of action in negligence in its entirety.
The Supreme Court allowed the appeal but only in part.
The statement of claim, read generously as required in an application to strike, focused mainly on two alleged acts of negligence: requiring the game farmers to enter into the broad indemnification agreement and down‑grading the status of those who refused to do so. In both cases, the alleged fault was the failure of the public authority to act in accordance with the authorizing acts and regulations. The Court of Appeal correctly held that the appellant’s claim for negligently acting outside the law, or breach of statutory duty, does not constitute negligence and rightly struck the paragraphs of the statement of claim asserting this cause of action. Even if the requirement of proximity were established, policy considerations, including the chilling effect and specter of indeterminate liability, militate against recognizing this new instance of negligence.
However, the Court of Appeal failed to address the appellant’s central claim alleging negligent failure to implement a judicial decree to remedy the wrongful reduction of the appellant’s herd status. The implementation of a judicial decision is an "operational" act that public authorities are expected to carry out. Therefore, in this case, it is not clear that an action in negligence based on the breach of a duty to implement a judicial decree could not succeed in law. Read broadly, the pleading was sufficient to put the government on the notice of the essence of the appellant’s claim and it should not have been struck out.
David Frum on the demise of Fannie Mae and Freddie Mac
"Regardless of why, these failures are a very bad thing. The suffering U S economy cannot help but hurt Canada. jcm"
The shapers of the American mortgage finance system hoped to achieve the security of government ownership, the integrity of local banking and the ingenuity of Wall Street. Instead they got the ingenuity of government, the security of local banking and the integrity of Wall Street.
Yesterday, shares of the two U.S. mortgage companies Fannie Mae and Freddie Mac collapsed. Freddie's shares have lost 70% of their value in a week; Fannie's 55% over the same period.
Fannie and Freddie are technically known as government-sponsored enterprises. What that means in practice is that everybody assumes they carry a government guarantee even though in reality they do not.
This assumed guarantee has allowed them to engage in decades of dubious market activity, which has now come to a disastrous head.
For its first 30 years of life, Fannie Mae actually was owned by the government. In those quiet early years, Fannie (formally known as the Federal National Mortgage Association) borrowed at very low rates, typically an eighth of a point above the U.S. Treasury itself, then loaned the money to banks for middle-class mortgages.
In 1968, the Johnson administration decided to privatize Fannie — not for any free-market reason, but because the federal government's debt was rising fast, and the administration realized it could make the government's accounts look better by moving Fannie Mae's obligations off the books.
The administration then created a second company to provide competition to Fannie. Thus was born Freddie Mac, the Federal Home Loan and Mortgage Loan Corporation. (It owes its nickname to its ticker initials FRE.)
Today the two companies together are responsible for some US$5-trillion of mortgage debt. To put that in perspective, that's more than half the entire U.S. federal debt.
Fannie's and Freddie's ability to pay their debts depends in turn on their ability to collect from retail mortgage lenders. And with those lenders dropping dead like roses in a heat wave, collection suddenly looks very much in doubt.
The two institutions have long been run not by bankers but by retired political figures, predominantly Democrats. From 1991 to 1998, Fannie Mae was headed by James Johnson, a longtime aide to former Democratic vice president Walter Mondale. Johnson's successor, Franklin Raines, had served as budget director to Bill Clinton. Jamie Gorelick, vice chair of Fannie Mae from 1998 to 2003, served as deputy attorney general in the Clinton administration.
These figures have paid themselves impressive private-sector salaries. Johnson earned US$21-million in just his last year at Fannie Mae. Raines earned US$90-million for five years' work at Fannie Mae. Gorelick got US$26-million.
Yet the companies never had to meet the discipline of the private marketplace. They paid no taxes, and they had access to a line of credit at the Treasury department. More ominously for today's crisis: They were not required to provide anything like the level of information about their internal operations expected of a privately owned company.
This non-transparency allowed Fannie Mae to engage in serious accounting fraud, overstating its earnings by more than US$6-billion over the Raines years — overstatements that incidentally justified the company's lavish compensation packages. (Both Johnson and Raines incidentally also received below-market mortgages from the large mortgage company — and major Fannie Mae beneficiary — Countrywide Mortgage.)
The loss of confidence that struck the markets this week has been gathering for years. It is the natural byproduct of the bad practice of merging private business with government power.
As so often happens with large scandals, the cost will fall on everyone except the responsible parties. In 2006, federal regulators sued Franklin Raines and two other Fannie Mae executives to recover US$115-million of compensation. The case was settled for US$3-million, plus the surrender of some (now probably valueless) stock options and other contingent benefits. The US$3-million was paid from Fannie Mae's
own insurance.
And at the polls this November, the voters will likely exact a political price for the debacle from John McCain and the Republicans — even though the party most tainted by the failure ought to have been the Democrats. Indeed, James Johnson until recently chaired Barack Obama's vice presidential selection committee.
That's not close enough to justice, not even close enough for government work.
Voluntariness of Guilty Plea
What is the proper test for assessing whether a mental disorder affects the voluntariness of a guilty plea?
Yesterday’s Court of Appeal decision in R. v. M.A.W., 2008 ONCA 555 makes it clear that the standard is the same as the standard of fitness to stand trial: the accused must understand the process, communicate with counsel and make an active or conscious choice to plea.
The Court writes:
[23] The judgment of Doherty J.A. in R. v. T. (R.) (1992), 10 O.R. (3d) 514 (C.A.), is the principal decision of this court on what an appellant must show to set aside a guilty plea on the ground that it is invalid. A guilty plea is valid if it is voluntary, informed and unequivocal; conversely a plea that is either not voluntary, not informed, or not unequivocal is invalid and may be set aside on appeal. An appellant has the onus of showing invalidity on a balance of probability: see p. 519.
[24] The issue on this appeal is whether the appellant’s depression amounted to a mental disorder that affected the voluntariness of his guilty plea. In T. (R.) Doherty J.A. said that “[a] voluntary plea refers to the conscious volitional decision of the accused to plead guilty for reasons which he or she regards as appropriate”: see p. 520. Doherty J.A. also recognized that mental disorder is one factor that may impair the voluntariness of a plea.
[25] Both sides, of course, accept these principles from T. (R.). However, they disagree on what standard should be applied when an appellant relies on mental disorder to invalidate a plea because of involuntariness. The Crown contends that we should apply the same standard we use to determine an accused’s fitness to stand trial: the “limited cognitive capacity” standard. That standard requires only that the court be satisfied an accused understands the process, can communicate with counsel and can make an active or conscious choice. Whether the accused’s choice is wise, rational or in the accused’s best interest forms no part of the limited cognitive capacity standard. See R. v.
[26] The appellant, on the other hand, contends that we should adopt a higher standard of mental competency. The limited cognitive capacity standard advocated by the Crown, he argues, may produce miscarriages of justice. He relies on an article by Schneider and Bloom, “R. v.
[27] In my view, the Crown’s position is correct for two main reasons: first, consistency in the standard for mental competency; second, respect for an accused’s liberty interest. Moreover, the limited cognitive capacity standard is compatible with the voluntariness test in T. (R.).
Friday, July 11, 2008
Friday Donut Day
Isn't it amazing how no one will eat the last piece of donut? It's like the end of a bottle of milk or the last tissue in a box... .
Premiers don’t get it, Nunavut Liberal says
July 11, 2008
Dion plan would boost northern resident’s deduction, cut taxes
Canada's three northern premiers don't understand the benefits that Liberal leader Stéphane Dion's Green Shift tax plan would shower on northern residents, says Kirt Ejesiak, the Liberal party's nominee for Nunavut in the next federal election.
Ejesiak says the Liberal plan would put cash into the pockets of every northern resident who files an income tax return.
That's something the premiers - Dennis Fentie of Yukon, Floyd Roland of the Northwest Territories, and Paul Okalik of Nunavut - did not mention after their recent meeting in Yellowknife broke up June 28.
They emerged from that gathering with an emphatic rejection of the Green Shift plan, saying it would increase the cost of energy in the North.
"Premiers unanimously rejected any proposal for a national carbon tax as a viable solution that will reduce greenhouse gas emissions in the North," a June 28 press release says.
Instead, the premiers said they want more handouts from Ottawa to help territorial governments pay for hydroelectric projects, wind power schemes and other new ways of generating energy.
But Ejesiak says the premiers didn't mention that Dion's proposal would also include a beefed-up northern residents tax deduction, a $150 dollar a year tax credit for all northern tax filers, better family and child tax credits, and across-the-board tax cuts for everyone.
"For individuals, the benefits are increasing - I think that it's important for people to realize that the tax benefits that will come from the Green Shift are from taxes on companies that emit," Ejesiak said.
The Liberal scheme, announced June 19, would impose higher taxes, over four years, on all fuels except gasoline. The estimated $15 billion to be raised by those taxes would then be given back to taxpayers.
The current excise tax on gasoline would not increase, because it's already equal to about $42 per tonne of carbon emitted.
Ejesiak also says the three premiers did not acknowledge a Green Shift commitment to raise the northern residents tax deduction from $6,000 to $7,000 a year, and then have the benefit rise with the cost of living.
A long list of Inuit organizations and northern groups have demanded that measure for years.
Nor did the premiers comment on a long list of tax deductions that Ejesiask says would put money back into the pockets of all Canadians.
"I think it's important that everyone understands what the Liberal Green Shift plan is proposing, because it's a shift in taxes," Ejesiak said.
He also said that northern premiers may be worried that Dion's carbon tax plan could impose extra costs on their own governments and at the same time, don't much care about the benefits it would bring to individual wage earners.
"If you look at the GN as an entity, they may pay more. But for individuals, this is actually of benefit to individuals," Ejesiak said.
For example, a two-parent family in Nunavut with four children, earning $70,000 a year, would receive an annual benefit of $2,136 a year, according to a tax calculator on the Green Shift web site.
A single parent with two children, earning $50,000 a year, would qualify for a benefit of $1107 a year.
"This encourages people to actually work, and there's also money to help people on welfare," Ejesiak said.
Ejesiak admits that companies consuming large amounts of fossil fuels and emitting large amounts of the greenhouse gases that cause global warming "will feel the pinch."
That would include northern-based mining companies, as well as the diesel-dependent Qulliq Energy Corp.
At the same time, the Dion tax plan would impose only modest increases for diesel and other fuels, the Liberal Green Shift document says.
The document points out that the purchase price of diesel has increased 50 per cent over the past 18 months - because of market forces only. The proposed Liberal tax would raise that price by only 4.9 per cent,
Ejesiak says that because Dion's plan is a national program that would apply to every jurisdiction, it's unlikely that mining companies would be driven out of the North.
"They're obviously going to suffer,but I can't see them taking their money and going elsewhere in Canada, because wherever they go they'll face the same thing," Ejesiak said.
Ejesiak did say that he support the idea that Ottawa should help the territories convert to cleaner forms of energy, such as hydro.
To that end, he says that, if elected, he would lobby to help Nunavut come up with the $200 million required for a hydroelectric plant near Iqaluit.
Nunavut is not allowed to borrow that much money, because of a provision in the Nunavut Act that states Nunavut's long-term debt cannot exceed $200 million. Right now, the territorial government's current long-term debt sits at around $130 to $140 million.
Preliminary Factual Determinations Lead to Final Orders
Is an order that determines a preliminary factual matter relevant to a defendant’s liability final or interlocutory? Today’s Court of Appeal decision in Stoiantsis v. Spirou, 2008 ONCA 553 suggests it is final.
The Court writes:
[19] The test of whether an order is final or interlocutory is set forth in Hendrickson v. Kallio, [1932] O.R. 675 at 678 (
The interlocutory order from which there is no appeal is an order which does not determine the real matter in dispute between the parties – the very subject matter of the litigation, but only some matter collateral.
[20] Hendrickson has been followed by many decisions dealing with the endlessly debated issue of what constitutes a final versus interlocutory order. A decision that is often cited is Ball v. Donais (1993), 13 O.R. (3d) 322 (
The effect of the order of Daudlin J. was to preclude the defendant’s entitlement to raise thereafter, as a defence to this action, the plaintiff’s failure to sue within the limitation period prescribed by the Highway Traffic Act. While that order did not finally dispose of the rights of the parties to the litigation, it did, subject to appeal therefrom, finally dispose of the issue raised by that defence, and thereby deprived the defendant of a substantive right which could be determinative of the entire action. [Emphasis added.]
[21] Ball extends the reasoning in Hendrickson and establishes that even where an order does not finally dispose of the rights of the parties to the litigation, it will be final for the purposes of appeal if it disposes of an issue raised by way of defence and “thereby deprive[s] the defendant of a substantive right which could be determinative of the entire action.”
[22] The question then is whether the order in issue deprives the defendants of a substantive right that could be determinative of the action.
Chinese man confesses to killing B.C. model: police
An 18-year-old Chinese man arrested for the killing of Diana O'Brien has confessed to stalking and killing the young B.C. model, Shanghai police alleged Friday.State newspaper Xinhua reported that Chen Jun was arrested in Xuancheng City, several hundred kilometres west of Shanghai, around 8:15 a.m. local time.
O'Brien, 22, of Saltspring Island, B.C., was found dead in her apartment building in Shanghai on Monday, two weeks after moving to the emerging fashion city for a modelling job.
Police allege Chen confessed to following O'Brien into her apartment Sunday night with the intention of robbing her and killed her when she resisted. The suspect then fled to another city in a nearby province before leaving for Xuancheng City , according to police.
Earlier reports from those who discovered the body said O'Brien was stabbed and found lying in a pool of blood in the apartment building's stairwell, but police did not disclose the cause of death.
Police said they found a laptop and other articles belonging to O'Brien, according to Xinhua.
O'Brien had been in China since mid-June after landing a contract with Jh Model Agency in Shanghai. The agency appears to have vanished since news of her death. No such name could be found at the listed address and the company's website has been inaccessible.
One of the woman's friends alleged O'Brien had been stalked by a Chinese man she met during a modelling job about a week before she was found dead. It's unclear whether the suspect is the same man her friend mentioned.
The Shanghai gig was through Victoria-based modelling agency Barbara Coultish Model Management, and came after O'Brien had work several months in Milan.
O'Brien's friends say she went to China to further her career prospects, but was unhappy with the assignment and planned to return to B.C. in two weeks before the end of her three-month contract.
Some friends told media that O'Brien was upset about work promoting a whisky brand by dancing on podiums in bars, though her longtime boyfriend said her planned early return was prompted by homesickness.
O'Brien's father said her family was trying to have her body returned to Canada for burial.
Severed Feet Mystery Update
Appearing at a news conference, RCMP Const. Annie Linteau said there is no evidence of trauma or tool markings to suggest the feet were severed.
"It appears it's a natural process of decomposition," she said, adding, "We have to be aware these still could be homicide victims."
Police say the identities of the victims remain a mystery that they are working to solve. They have compiled a list of all missing persons from British Columbia, and some from Alberta, and are reviewing each file for possible connections to this case.
Their list began with 243 men and 159 women but they have eliminated 130 of the men as possible matches, Linteau said.
She said they have not found any evidence that indicates the incidents are connected but all possibilities are being investigated.
The first foot was found on Jedidiah Island, in the strait that divides Vancouver Island from the mainland, on Aug. 20. It was a right foot inside a Campus-brand men's size 12 running shoe that was mainly distributed in India, police said.
Six days later, another right foot -- inside a man's size 12 Reebok running shoe -- washed ashore on Gabriola Island.
A third, a right foot in a Nike sneaker, was found in the area on Feb. 8 on the east side of Valdez Island.
The fourth and fifth feet were both found near the Fraser River. The fourth came ashore on Kirkland Island on May 22 and was the only one of the five that came from a woman's body. It was found in a New Balance running shoe.
The fifth, a size 10 left foot, was located a kilometre away on June 16. It was later determined to be a match to the foot found months earlier on Valdez Island.
A sixth washed-up shoe was found to be a hoax when police realized it had been stuffed with an animal's paw.
Families wait for results
Family members of two plane crash victims who disappeared in 2005 believe the feet may be those of their loved ones.
After analyzing DNA samples from the feet and members of the crash victims' families, police determined the feet did not belong to Arnie Feast or Fabian Bedard, two of four people who went missing after the crash.
The DNA from the family of brothers Doug and Trevor DeCock is still being analyzed, said Linteau.
The DNA tests tell little else about the feet's original owners, said forensic scientist Dean Hilderbrand. The type of analysis being used, the most common DNA test among North American law enforcement, does not indicate the race of the subject or the date of death, he said.
"These were obviously very challenging samples," he said. "The DNA doesn't give any information about how long these samples have been in the water."
The news conference featured speakers from the RCMP, B.C. Coroner's Office and the Delta Police Service. They showed pictures of the types of sneakers found and listed the years in which each shoe was sold, appealing for help from people whose loved ones may have disappeared wearing similar shoes.
When asked about a foot found in Sweden this week, Linteau said they had no indication it was connected to their investigation.
"It appears it's a natural process of decomposition," she said, adding, "We have to be aware these still could be homicide victims."
Police say the identities of the victims remain a mystery that they are working to solve. They have compiled a list of all missing persons from British Columbia, and some from Alberta, and are reviewing each file for possible connections to this case.
Their list began with 243 men and 159 women but they have eliminated 130 of the men as possible matches, Linteau said.
She said they have not found any evidence that indicates the incidents are connected but all possibilities are being investigated.
The first foot was found on Jedidiah Island, in the strait that divides Vancouver Island from the mainland, on Aug. 20. It was a right foot inside a Campus-brand men's size 12 running shoe that was mainly distributed in India, police said.
Six days later, another right foot -- inside a man's size 12 Reebok running shoe -- washed ashore on Gabriola Island.
A third, a right foot in a Nike sneaker, was found in the area on Feb. 8 on the east side of Valdez Island.
The fourth and fifth feet were both found near the Fraser River. The fourth came ashore on Kirkland Island on May 22 and was the only one of the five that came from a woman's body. It was found in a New Balance running shoe.
The fifth, a size 10 left foot, was located a kilometre away on June 16. It was later determined to be a match to the foot found months earlier on Valdez Island.
A sixth washed-up shoe was found to be a hoax when police realized it had been stuffed with an animal's paw.
Families wait for results
Family members of two plane crash victims who disappeared in 2005 believe the feet may be those of their loved ones.
After analyzing DNA samples from the feet and members of the crash victims' families, police determined the feet did not belong to Arnie Feast or Fabian Bedard, two of four people who went missing after the crash.
The DNA from the family of brothers Doug and Trevor DeCock is still being analyzed, said Linteau.
The DNA tests tell little else about the feet's original owners, said forensic scientist Dean Hilderbrand. The type of analysis being used, the most common DNA test among North American law enforcement, does not indicate the race of the subject or the date of death, he said.
"These were obviously very challenging samples," he said. "The DNA doesn't give any information about how long these samples have been in the water."
The news conference featured speakers from the RCMP, B.C. Coroner's Office and the Delta Police Service. They showed pictures of the types of sneakers found and listed the years in which each shoe was sold, appealing for help from people whose loved ones may have disappeared wearing similar shoes.
When asked about a foot found in Sweden this week, Linteau said they had no indication it was connected to their investigation.
Thursday, July 10, 2008
Negative Credit Report Following Settlement Proper
It is fairly common for settlements of litigation involving consumer/small business matters to raise issues about the defendant's credit rating following settlement.
Martinek v. Canadian Imperial Bank of Commerce, 2008 CanLII 32813 (ON S.C.) deals with a claim arising out of such a settlement.
In essence the plaintiff claimed breach of settlement, and related torts, because the Bank recorded a negative credit report following a settlement.
The Court, after reviewing the documentation, held the Bank was right to make the report. In effect, the decision says a negative credit report is proper following a settlement unless the agreement is explicit that such report will not follow.
The Court held:
[4] The linchpin of all these claims by the plaintiff is that CIBC improperly, inaccurately or falsely reported an R9 credit rating in relation to his CIBC Visa account. He asserts that he never would have entered into the settlement agreement with the defendant on March 12, 2004 if
'he had known CIBC intended to file an R9 report, because that report has damaged his credit reputation. '
[5] In the Minutes of Settlement of March 12, 2004, paragraph 3(d) provided ``the plaintiffs will not continue to contest the reporting of the credit facilities or the CIBC Visa to credit reporting agencies as set out in the action nor is there any requirement that CIBC report in any particular way save and except that CIBC will make the best efforts to report the results of this settlement in the nearest reporting cycle``.
[6] Part of that same settlement required the plaintiff to pay $10,000.00 to CIBC to settle his CIBC Visa account. He did so before the deadline for payment and CIBC wrote off the remaining balance of approximately $3,200.00. As a consequence, CIBC subsequently reported the $3,200.00 written off, in lieu of reporting an outstanding balance of $13,200.00. The characterization of the $3,200.00 written off is what triggers the R9 credit coding.
[7] There is no evidence that CIBC has reported false, inaccurate or misleading credit information to the other defendant Equifax Canada Inc. (Equifax). The only evidence is that the credit information given to Equifax was accurate, in accordance with statutory requirements, in conformity with the North American Standard Account Ratings system and done in the ordinary course and usual manner. See the affidavit of Clarence Layne, sworn January 18, 2008.
...
[9] CIBC has a statutory duty under the Consumer Reporting Act to accurately report its customers` credit history and does so in the usual course of its business, using what are known as ``North American Standard Accounting Ratings``. CIBC was required to report the write-off on the Visa account as a bad debt or R9. To report the Visa account as an R7 would misrepresent the plaintiff's credit history because R7 ratings are for settlements engaging structured payment arrangements to pay off a debt over time. To report it as an R1 (as having been paid) would clearly have been inaccurate and incorrect.
Canadian man, U.S. wife severely beaten by machete-wielding robbers in Kenya
Brutal Robbery and Beating of MissionariesA Canadian missionary is in critical condition at a Kenyan hospital after robbers armed with clubs and machetes viciously beat him and his wife inside their home.
John Bergen, of Vernon, B.C., and his 66-year-old wife, Eloise, suffered deep slashes on their heads and faces after as many as five men invaded their residence in the Mount Elgon region of western Kenya, said Ralph Bromley, president of the Kelowna, B.C.,-based Hope for the Nations.
Bergen underwent three hours of treatment at a Nairobi hospital under general anesthetic to tend to his injuries, which include multiple fractures to the head, jaw and skull, Bromley said Thursday. Bergen also has broken bones in his arms, knees and legs.
"He was an absolute mess. Cut from head to toe. On top of that, multiple fractures," Bromley said from B.C.
His wife, who is from the U.S. state of Georgia, was tied up during the overnight invasion of their home, which was secured with a fence and a guard.
"They're both severely traumatized," Bromley told CBC News.
The couple was airlifted to Nairobi for treatment by bone specialists.
Bromley said gang members came through the gate of the couple's home, took out the security guard and attacked John Bergen with knives, machetes and clubs.
"They threw him into the bushes, left him for dead and went in and tied up Eloise and assaulted her. When they were finished with that assault, they threw the bed on top of her; they threw the furniture; and they left the compound," Bromley said.
Eloise Bergen was able to free herself after she found a pair of scissors and was able to load her husband into a vehicle. She drove through the gate of their compound because she was unsure whether the men were still chasing them, Bromley said, and continued on to the charity's headquarters.
"They come through their gate after the assault, and they were totally covered in blood and you can imagine how it traumatized our staff," Bromley said.
He said money seems, so far, to be the motivating factor for the assault.
"What we don’t understand is why the vicious attack that went with the theft," he said.
'Senseless act of violence'
The couple arrived in the country last month following the east African nation's political crisis to set up a school and perform development work in the community, Bromley said. It was their first trip with the charity, which works to help children at risk around the world.
"When a foreigner is attacked, it brings a cloud over the nation, especially after what Kenya has just been through," he said.
Foreign Affairs spokesman Alain Cacchione called the attack a "senseless act of violence" and said consular officials have been in contact with the couple and are providing assistance.
He said the Canadian officials were also in contact with local police to ensure the investigation moves rapidly toward apprehending the assailants.
Air Canada to lay off 632 flight attendants in Vancouver, Winnipeg and Halifax
MONTREAL - Air Canada (TSX:AC.B) is laying off 632 flight attendants in Vancouver, Winnipeg and Halifax as it cuts capacity in November due to rising fuel costs.
The union representing flight attendants was informed of the job cuts Wednesday during a meeting in Toronto.
The move comes after Canada's largest airline announced plans to cut its capacity by seven per cent and lay off 2,000 employees.
The decrease in international long-haul flights from Vancouver will result in a reduction of 300 flight attendants based in the western gateway.
Air Canada will also close its flight attendant bases in Winnipeg and Halifax, effective Nov. 1. The decision will result in 145 job losses in Winnipeg and 187 in Halifax.
Airline spokeswoman Isabelle Arthur said the decision to close the bases was not made lightly.
"However, following a close review it was determined that due to the changing nature of our domestic flying over the past five years, it was no longer viable to base in-flight crews at these two locations," she said Thursday.
The bases have become less efficient as more flight attendants based in the two cities have to travel to other base locations to start their workday.
She said the airline will be meeting with Canadian Union of Public Employee representatives to determine bumping and mitigation options that will be made available according to the collective agreement.
Town hall meetings with managers are planned to discuss employee concerns and answer questions.
PM brushes off evidence of Guantanamo abuse
"Jonathan, a frequent commentator, is right -- we need to have an investigation into what the government (Liberal or Conservative) knew about abuse and when it was known. Khadr is a Canadian and one of the central roles of government is to protect citizens from mistreatment abroad; if the Federal government failed we need to know. Punishment for crimes done is right and proper -- even if the punishment is harsh by our standards -- but punishment must follow a fair, impartial and legitimate trial. Torture is not part of that. jcm"
By David Ljunggren
By David Ljunggren
TOKYO (Reuters) - Prime Minister Stephen Harper on Thursday brushed off evidence that U.S. interrogators had abused a Canadian terrorism suspect in Guantanamo Bay, saying the man's trial should go ahead anyway.
An official document released in Ottawa on Wednesday showed U.S. authorities told a Canadian investigator in 2004 that they had deprived Omar Khadr of uninterrupted sleep.
Khadr, 21, is the only Western prisoner still held at the prison at the U.S. naval base at Guantanamo Bay, Cuba.
He faces charges of throwing a grenade that killed an American medic and wounded another soldier during a fight at an al Qaeda compound in Afghanistan in 2002 when he was 15.
Harper -- who regularly criticizes other nations for abusing human rights -- has ignored pleas to intervene in Khadr's case, saying the man faces serious charges.
Critics of Khadr's treatment say he is a child soldier who should be rehabilitated rather than punished.
Harper, in Japan on an official visit, did not respond directly when reporters pressed him about the document.
"We always act as a government on the basis of our legal advice and our legal obligations. The previous government took all of the information into account when they made their decision on how to proceed with the Khadr case," he said.
Asked again to respond to the details of how Khadr had been treated, Harper replied: "Frankly, there is not a real alternative to this legal process now to probe the truth concerning these accusations (of killing the medic). We think this legal process should go ahead."
At the time of Khadr's arrest, the Liberals were in power in Canada. They were replaced by Harper's Conservatives after a January 2006 election.
The official document showed Khadr, then a teenager, had been put into a "frequent-flyer program" in which he was moved every three hours to make him more amenable to talking.
A Canadian judge last month ordered the release of the document, saying the measures taken by U.S. authorities violated international human rights law.
Ottawa tried to deny Khadr's attorneys access to the document on the grounds the information was given to Canada in confidence and its disclosure would hurt U.S.-Canada ties.
Khadr alleges U.S. interrogators repeatedly threatened to rape him or send him to another country to be raped.
Harper said Canada had repeatedly sought and received reassurances that Khadr was being treated fairly.
(Reporting by David Ljunggren; Editing by David Fox)
Oscar Wilde
Man is least himself when he talks in his own person. Give him a mask, and he will tell you the truth.
JonBenet and DNA
DNA tests 'clear JonBenet family'
Police had said JonBenet's family was under suspicion in her death
US prosecutors say DNA tests have cleared the family of JonBenet Ramsey over the child beauty queen's murder.
Mary Lacy, district attorney in Boulder County, Colorado, said they pointed to an "unexplained third party".
Police initially said parents John and Patsy Ramsey were under an "umbrella of suspicion" over the six-year-old's 1996 killing. Mrs Ramsey died in 2006.
Ms Lacy said no family member was now considered a suspect and apologised for any extra distress caused to them.
Six-year-old JonBenet's body was found in the cellar of her family home in Colorado after her parents had reported her missing on 26 December 1996.
She had been garrotted with a cord and her skull had been fractured.
Her family, who later moved to Atlanta, Georgia, fought for years to clear their names amid persistent accusations they were involved in her death.
Accusations
Ms Lacy released a copy of a letter sent to John Ramsey, in which she said: "To the extent that we may have contributed in any way to the public perception that you might have been involved in this crime, I am deeply sorry."
The suspicions about the Ramseys in this case created an ongoing living hell for the Ramsey family and their friends
She added that she wished it had been possible to clear JonBenet's parents and their son Burke, who was nine when his sister was killed, before Mrs Ramsey died of ovarian cancer.
In a press statement, Ms Lacy said that following scientific advances, police had been able to identify genetic material and a DNA profile from underwear she was wearing when she died.
"That genetic profile belongs to a man and does not belong to anyone in the Ramsey family," she said.
The male profile has been entered into the national DNA data bank, Ms Lacy said, and is believed by prosecutors to be that of the killer.
Ms Lacy commented on the huge media interest that JonBenet's killing and the subsequent investigations had provoked.
"The suspicions about the Ramseys in this case created an ongoing living hell for the Ramsey family and their friends, which added to their suffering from the unexplained and devastating loss of JonBenet," she said.
While it appeared that they were being tried in the press, the Ramseys were never charged. In 1999, a grand jury refused to indict either parent.
And in 2003, a federal judge in Atlanta concluded that the evidence that she had reviewed suggested that an intruder had killed JonBenet.
In 2006, a former teacher was arrested in Thailand after he claimed to have killed JonBenet, but DNA tests cleared him of the crime.
John Mark Karr had said he was with her on the night that she died, but that her death was an accident.
Flocke and Mother Vera
I wonder if they remember each other? I suspect the mother does, but Flocke???Wednesday, July 9, 2008
A Note On Comments
Say anything you like except advocating violence against others or explicit sexual comments. I'm afraid I've had to delete otherwise interesting comments because they suggested killing specific individuals and, candidly, that's not an acceptable Comment.
Politics of Fear
What motivates people? Greed, fear, gluttony and lust. (Yes, some people are motivated by love of humanity or desire for knowledge but in this fallen world such people are too few to mention).
Politics is, famously, the art of the possible. And what is possible is possible only because people are motivated to do what the politician seeks. But that takes us back to motivation and the four pack of greed, fear, gluttony and lust.
Lust isn't very helpful in politics -- perhaps being attractive helps a little but not a whole lot. Gluttony also has drawbacks -- a summer bbq won't motivate people to do much.
Greed is better -- trouble is that radical wealth redistribution proves impractical in the long run. If you steal from the rich to give to the poor over time everyone becomes poor. Since most people have figured this last point out bribing voters with tax based freebies has lost traction.
So we are left with fear. And fear is an endlessly renewable resource. No matter how much fear is spread more is always possible.
Accordingly, we have motivation by fear. If we cut carbon use we'll have no jobs. If we get rid of censorship hate crime will rise. If we allow free trade in communications Canada will vanish.
Perhaps this is the best we can expect.
Politics is, famously, the art of the possible. And what is possible is possible only because people are motivated to do what the politician seeks. But that takes us back to motivation and the four pack of greed, fear, gluttony and lust.
Lust isn't very helpful in politics -- perhaps being attractive helps a little but not a whole lot. Gluttony also has drawbacks -- a summer bbq won't motivate people to do much.
Greed is better -- trouble is that radical wealth redistribution proves impractical in the long run. If you steal from the rich to give to the poor over time everyone becomes poor. Since most people have figured this last point out bribing voters with tax based freebies has lost traction.
So we are left with fear. And fear is an endlessly renewable resource. No matter how much fear is spread more is always possible.
Accordingly, we have motivation by fear. If we cut carbon use we'll have no jobs. If we get rid of censorship hate crime will rise. If we allow free trade in communications Canada will vanish.
Perhaps this is the best we can expect.
LIBERAL PARTY RESPONDS TO GREEN SHIFT INC.
“The use of the words ‘Green Shift’ have become synonymous with bold environmental policy throughout the world,” said Mr. Ferguson. “Our legal counsel has received the statement of claim and it is being reviewed at this time. However, in general terms, we believe that we have acted fully within the law in this matter."
Mr. Ferguson was reacting to a lawsuit launched today against the Liberal Party by Jennifer Wright, the founder of Green Shift Inc., a Toronto-based environmental consulting firm. Ms. Wright is seeking a total of $8.75 million in damages, and a court injunction to stop the party from using or displaying the words Green Shift, or any other trademark or Internet domain name that is similar to the logo used by Green Shift Inc.
Mr. Ferguson noted that Green Shift Inc. does not have a registered trademark and that the Liberal Party is not using the words “green shift” in connection with the sale of any products or service, which is necessary to meet the legal test for trade-mark infringement.
“The Liberal Party has done nothing in announcing its ‘Green Shift’ that infringes on any valid trademark or other rights of Green Shift Inc. or any other company. In fact, Green Shift Inc. itself uses the words in a descriptive sense on its website,” said Mr. Ferguson.
Mr. Ferguson also said the widespread generic use of the words “green shift” or “green tax shift” has resulted in the right of anyone to use the words in so far as a tax plan is concerned.
“For example, last year, the
Death by road rage
" I posted this story, or a version of it, in French and got some requests for English so ... here it is -- tragic: jcm"
Milton man, 39, charged in Hwy. 401 racing fatality
By AMY CHUNG, SUN MEDIA |
 Firefighters examine the wreckage of a Yukon SUV whose driver was killed in an apparent road-rage incident yesterday on Hwy. 401 near James Snow Parkway. (David Ritchie) |
Police are blaming road rage for a horrific traffic mishap that claimed the life of a Milton man and shut down the eastbound lanes of Hwy. 401 at James Snow Pkwy. yesterday morning.
OPP responded at 5:15 a.m. to reports that a black Yukon SUV and maroon-coloured Pontiac Grand Am or Grand Prix sedan were racing at high speeds, passing each other on the eastbound lanes, near James Snow.
"One car tried to merge with the other one and that started the road rage," said Sgt. Dennis Mahoney-Bruer.
"The (Pontiac) came in front of the SUV and jammed on the brakes, causing the SUV to swerve, hitting the guardrail."
According to witnesses, the driver of the SUV was ejected from his vehicle when it rolled over. He was pronounced dead at the scene.
NOT WEARING SEATBELT
The 55-year-old Milton man, whose name was not immediately released, wasn't wearing a seatbelt.
The Pontiac sped off but investigators later arrested a 39-year-old man, thanks in part to tips from the public.
Wayne Winsor, of Milton, is charged with criminal negligence causing death, dangerous driving causing death and failing to remain.
The accused is in custody pending a bail hearing today in Milton.
"A death like this is so unnecessary," Sgt. Cam Woolley said. "Drivers need to protect themselves. If somebody cuts you off, don't try to get even on the road. Stay calm and call police."
In a case where a motorist is cut off, Young Drivers of Canada insisted defensive driving is key.
"Always check the rear-view mirror. Activate the ABS and place your foot hard on the brake and don't steer at all -- go in a straight line -- no sideway motions," said Angelo DiCicco, general manager and instructor at Young Drivers in the GTA.
OVERREACT, SWERVE
"If you do hit the car in front of you, do it perpendicularly ...
"That's what your bumpers are designed for -- to absorb the impact."
DiCicco added drivers overreact and swerve without breaking properly. "Most people look at the problem versus the space available to them. Glance through the centre of available space and do hand-over-hand steering. Carry the car into the space," he said.
The crash closed off the eastbound lanes of the 401 at James Snow until 11 a.m.
Anyone with information on the accident is asked to contact the OPP's Port Credit detachment at 905-278-6131 or Crime Stoppers at 1-800-222-TIPS.
Air India bomb builder Inderjit Singh Reyat released from prison by BC court
VANCOUVER - The only man ever convicted in the Air India bombings will be a free man for the first time in more than two decades after the B.C. Court of Appeal granted him bail on perjury charges.
Inderjit Singh Reyat has served more than 20 years behind bars for two separate convictions related to the incident that claimed 331 lives in a blast off the coast of Ireland on June 23, 1985 and a same-day explosion at Narita airport in Japan.
Reyat served his entire sentence for those two convictions but he remained behind bars facing perjury charges for his testimony at the trial of two men accused of taking part in the plot.
The B.C. Supreme Court earlier denied Reyat bail on accusations that he lied while testifying at the trial that ended in acquittals for Ajaib Singh Bagri and Ripudaman Singh Malik.
Justice Ian Josephson labelled Reyat an "unmitigated liar under oath" in his ruling acquitting Malik and Bagri of the bombing deaths.
B.C. Supreme Court Justice Patrick Dohm denied Reyat bail on the grounds that his detention was necessary to maintain confidence in the justice system but his lawyer asked the Appeal Court in June to reconsider.
"He's been in jail a long time," his lawyer, Ian Donaldson, said outside the court after the decision.
"He doesn't know yet, but I'm sure that he'll be pleased when he hears."
Reyat faces several conditions for his release but those decisions have not been released.
It's believed the plot against Air India was hatched by militant extremists in B.C. who were allegedly retaliating against the government-owned airline for a raid on the Golden Temple, Sikhism's holiest shrine.
Two baggage handlers died when luggage being transferred from an Air India flight exploded at Narita airport and 329 passengers and crew were killed when Flight 182 went down off the coast of Ireland.
Reyat's trial on the perjury charges is scheduled for next January.
Lawyer Replaced Counsel and Solicitor
For better or worse we are no longer counsel or solicitor – we are just “lawyer”.
Pursuant to Ontario Regulation 575/07 effective July 1, 2008, Civil Litigation Forms under the Rules of Civil Procedure were amended by substituting the word "lawyer" for the words "solicitor" or "counsel" wherever they appeared.
A complete description of the changes is in the January 5, 2008, edition of The Ontario Gazette vol. 141-01.
Un incident mortel est dû à un cas de rage au volant, selon la police
Par Michael Oliveira, La Presse Canadienne
TORONTO - Le décès d'un homme de 55 ans, survenu tôt mardi matin sur une autoroute de l'Ontario, a été causé par un acte "délibéré" de rage au volant, affirme la police provinciale.
Selon le sergent Cam Woolley, de la police ontarienne, les informations reçues des témoins et la preuve recueillie sur les lieux du décès ne laissent aucun doute: celui-ci a eu lieu à cause d'un épisode de rage au volant qui a pris fin quand la victime a été éjectée sur l'autoroute après avoir perdu la maîtrise de son véhicule, qui a été violemment secoué.
Peu après 5 h, un véhicule dit "utilitaire sport" et une voiture ont été vus roulant à haute vitesse sur une route de la région de Milton, en Ontario, avant de s'engager sur l'autoroute 401 en direction de Toronto. Selon la police, les deux véhicules ont continué à se dépasser l'un l'autre de manière agressive quand le conducteur de la voiture a une fois de plus dépassé le VUS, puis a freiné brusquement.
En voulant éviter la collision, le conducteur du VUS a donné un coup de volant. Il a été éjecté quand son véhicule a frappé le terre-plein central.
Un homme de 39 ans, de Milton, a été arrêté et devait comparaître à son enquête sur cautionnement ce mercredi, a fait savoir la police.
L'accusé, Wayne Winsor, est accusé de négligence criminelle causant la mort, de conduite dangereuse causant la mort et d'avoir omis de rester sur les lieux d'un accident.
Parlant du phénomène de la rage au volant, le sergent Woolley a déclaré en avoir observé plusieurs cas au cours de sa carrière. Il a déclaré qu'il n'est pas possible de tracer un portrait précis des gens qui se livrent à des accès de rage sur la route. Toutes sortes de gens laissent libre cours à leur colère au volant - même de bonnes mères de famille, a-t-il dit.
Muslims in Britain should be able to live under sharia, says top judge
Last updated: 6:10 PM BST 04/07/2008
Muslims in Britain should be able to live according to Sharia, the country's most senior judge has said.
Lord Chief Justice, Lord Phillips
Lord Phillips of Worth Matravers, the Lord Chief Justice, strongly backed Rowan Williams, the Archbishop of Canterbury, over his suggestion earlier this year that aspects of sharia should be adopted in Britain.
The archbishop's remarks sparked a national debate and led to calls for his resignation.
Risking inflaming that controversy again, Lord Phillips has said that Muslims in Britain should be able to use sharia to decide financial and marital disputes.
The judge did add that only the criminal courts should have the power to decide when a crime has been committed and when to impose punishment.
But his suggestion that different religious groups should run their affairs according to different rules sparked warnings that community cohesion could be undermined.
In a speech at the East London Muslim Centre, Lord Phillips said it was "not very radical" for Dr Williams to argue that sharia can be used to help govern issues like family disputes and the sale of financial products.
Lord Phillips said: "It is possible in this country for those who are entering into a contractual agreement to agree that the agreement shall be governed by law other than English law."
Therefore, he said, he could see no reason why sharia should not be used to settle disputes in this country.
He said: "There is no reason why principles of sharia, or any other religious code, should not be the basis for mediation or other forms of alternative dispute resolution."
He added: "It must be recognised however that any sanctions for a failure to comply with the agreed terms of the mediation would be drawn from the laws of England and Wales."
Sharia suffered from "widespread misunderstanding" in Britain, Lord Phillips said.
"Part of the misconception about sharia is the belief that sharia is only about mandating sanctions such as flogging, stoning, the cutting off of hands or death for those fail to comply with the law," he said.
"In some countries the courts interpret sharia as calling for severe physical punishment. There can be no question of such courts sitting in this country, or such sanctions being applied here."
The judge said Dr Williams had been misunderstood when it was reported in February that he said British Muslims could be governed by Sharia.
Lord Phillips said that the archbishop was saying only that "it was possible for individuals voluntarily to conduct their lives in accordance with Sharia principles without this being in conflict with the rights guaranteed by our law".
There is already scope in English law for some communities to use their own religious codes to resolve disputes. Orthodox Jews can use the Beth Din rabbinical courts to decide on matters including divorce.
However some critics say that women marrying under sharia do not have the same rights as in English law, and could lead to them being treated as second class citizens as far as divorce settlements, custody of children and inheritance go.
Muslim and Christian politicians expressed fears that at a time of heightened tensions, encouraging Muslims to live by their own distinct rules could make it harder for different communities to integrate.
Khalid Mahmood, Labour MP for Birmingham Perry Bar and a practising Muslim, said that allowing sharia in parts of the UK would be divisive.
He said: "This would create a two-tier society. It is highly retrograde. It will segregate and alienate the Muslim community from the rest of British society.
"The majority of British Muslims want to live only under British law and they would reject anything that means they are treated differently.
"What Lord Phillips and the archbishop are discussing is something that is completely outside their area of understanding."
Philip Davies, the Conservative MP for Shipley, said Lord Phillips' suggestion was "totally unacceptable."
He said: "It is very unhelpful for community cohesion. This is the sort of thing that builds up tensions in areas like mine, in places like Bradford. Sharia law has got no place in any shape or form in British law."
Andrew Selous, a Tory MP and chairman of the all-party Christians in Parliament group, said calls like those made by Lord Phillips and the archbishop were "worrying."
He said: "As far as people of all faiths are concerned, it is important that we are all equal under one United Kingdom law. It will lead to more community tensions rather than less."
Lord Ahmed, a Labour peer and practicing Muslim, said there was a "big debate" among British Muslims about whether and how Sharia should apply in the UK.
He said: "There is a risk that this would make it harder for communities to integrate -- we all need to do more to integrate, and mainstream society has to do more as well."
"We should have one law for everyone in the UK, but there may be very rare occasions when exceptions have to be made, like for marriage, divorce and food."
A Muslim lawyer said that raising the prospect of allowing people to live under Sharia in Britain would "alarm" people.
Mahmud Al Rashid, spokesman from the Association of Muslim Lawyers, said: "There is massive misunderstanding about what Sharia is. It is not a single law."
A spokesman for Dr Williams said: "We welcome the speech given by the Lord Chief Justice as a positive and constructive contribution to this important and ongoing debate."
Cardinal Cormac Murphy O'Connor, the Archbishop of Westminster and leader of Britain's Catholics, said that people should live under the laws of the UK.
His spokesman said: "As the Cardinal has consistently said and indeed said earlier this year, was that Britons should abide by and be subject to the law of the land."
Downing Street said the Government's position on the issue of Sharia had been made clear at the time of the controversy over the Archbishop's speech.
"We think that British law should be based on British values and determined by the British Parliament," the Prime Minister's spokesman said.
Baroness Warsi, the Conservative shadow minister for community cohesion, backed the judge.
She said: “The Lord Chief Justice's speech is a very clear and unifying speech for our communities in Britain.
”I specifically endorse the points made by Lord Phillips that with equality of rights come responsibilities. It is absolutely essential that everyone in this country is treated equally by the law but it is important that everyone is equally subject to it, and that the same laws apply equally to everyone.”
Durham Riding AGM
Gerard Kennedy at the Durham Federal Liberal Association AGM on July 9, 2008. A great speech, a great riding and a great event!
Stephane Dion the best-dressed political cowboy at the Stampede
Fashion Leader
THE CANADIAN PRESS
CALGARY - There's a rite of passage that's as common as parades, flapjack breakfasts and bronco bustin' at the Calgary Stampede each year - it's the annual stampede of politicians taking in the event.
In order to fit in, all of them from the far left to the far right, make an attempt at going native with the addition of cowboy boots, hats and jeans. Brian Guichon, the owner of Riley and McCormick Western Stores in Calgary has rated the leaders 'cowboyness' this year.
He said surprisingly Liberal leader Stephane Dion was the best dressed followed closely by Prime Minister Stephen Harper.
New Democrat leader Jack Layton received an honourable mention.
But Guichon said Green Party leader Elizabeth May is a "distant last place" and could use some help next year since her duds closely resembed a leisure suit.
Tuesday, July 8, 2008
Support for Morgentaler Order of Canada High
OTTAWA -- Two out of three Canadians either support or somewhat support the appointment of Dr. Henry Morgentaler to the prestigious Order of Canada, reveals a new poll, which points out Prime Minister Stephen Harper is in the minority by voicing his "personal dissatisfaction" with the controversial nomination.
The survey, conducted exclusively for Canwest News Service and Global National, showed 65 per cent of Canadians favour awarding the high honour to the Toronto abortion doctor, while 35% are against it.
"Two-thirds support is very solid," John Wright, senior vice president of the polling firm Ipsos Reid, which surveyed 1,023 adults from July 4-7. "You're not going to do much better than that."
Women, Quebecers, and people under 35 were the most likely to approve of Dr. Morgentaler's investiture to the order, bestowed on Canadians who have made a major difference to the country.
While opposition was strongest in the Prairies and Atlantic Canada, a majority in every province still gave the nod to the announcement that Dr. Morgentaler, one of the most divisive Canadians in history, would receive the snowflake-shaped insignia.
Nationally, 27% of Canadians polled said they strongly supported the nomination, while 37% somewhat agreed. On the other side, 19% were strongly opposed and 16% were somewhat opposed.
The nomination of the 85-year-old Morgentaler, whose name has been synonymous with abortion rights since he opened his first clinic in Montreal almost four decades ago, has revived passionate debate nationwide.
On Tuesday, protest persisted when representatives of Madonna House, an Ontario Catholic organization, traveled to the official residence of the Governor General in Ottawa to return an Order of Canada medal awarded 32 years ago to its now-deceased founder, Catherine Doherty.
Ontario's Catholic premier also jumped into the debate by saying he supports Morgentaler's induction.
"I know Dr. Morgentaler is seen as a controversial figure but I believe in a women's right to make a very difficult decision and if she makes that difficult decision and chooses to have an abortion I want her to be able to do that in a way that is safe and a way that's publicly funded," Dalton McGuinty said Tuesday afternoon in Toronto.
"It is divisive, but I think it is important."
The prime minister also has been among about one dozen MPs who have criticized Dr. Morgentaler's award, saying last week that 'my preference, to be frank, would be to see the Order of Canada be something that really unifies, that brings Canadians together."
Mr. Harper also said he had nothing to do with Morgentaler's appointment, which was made by an independent advisory council led by Beverley McLachlin, the chief justice of Canada.
"Despite Prime Minister Harper's personal dissatisfaction with this decision . . . it appears that he is in the minority," a news release on the poll said.
But Mr. Wright said he doubts Harper risked alienating two-thirds of the country, since he did not directly attack abortion.
Regionally, support was strongest in Canada's three largest provinces. Seventy-two per cent of Quebecers said they support Morgentaler's appointment, followed by Ontario residents at 69% and British Columbians at 61%. In Alberta, 64% indicated support, followed by 52% in Atlantic Canada and 51% in Saskatchewan and Manitoba.
The poll also showed that more women than men favour Morgentaler's investiture, at 68% and 61% respectively.
There were also strong age divisions, with support among the under-35 set reaching 70%, followed by middle-aged Canadians at 65%. Of those who are 55 or older, 59% supported the decision.
The survey is considered accurate within 3.1 percentage points, 19 times in 20, but the margin of error is greater within regions and other subgroups.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
OCA Says Amicus to be Paid $235/hr
A few moments ago the deputy Registrar's for the Court of Appeal's decision in R. v. Pietrangelo, 2008 ONCA 547 was released. The importance of the decision is that it upholds a payment well in excess of legal aid rates for a court appointed amicus.
The Registrar ruled:
The crown submitted that when he agreed to take carriage of the file, Mr. Doucette was aware that the "policy" of the crown was to pay legal aid rates in such circumstances. However, Mr. Doucette, even though aware of the position of the crown with respect to payment at legal aid rates, accepted the file based on the decisions in R. v. Barton, R. v. George, and R. v. McKenzie. In those cases, the deputy registrar held that the clear wording of s 684 (3) of the Code did not limit the fees paid to court appointed counsel or amicus curiae to the legal aid rate, or any other rate unilaterally determined by a policy of the Crown. Indeed the very wording of that provision supports a conclusion that the rate is to be agreed on by the parties or failing agreement, fixed by the registrar in consideration of the circumstances of each case.
...
14. I agree that this case was a complex and difficult one, and do not feel that the hourly rates submitted by Mr. Doucette for his counsel work are unreasonable in the circumstances, given his general expertise and appellate experience in such matters. I will therefore tax Mr. Doucette's hourly rate, as requested, at $235.00 per hour and direct that the Attorney General pay Mr. Doucette's fees in full.
The Registrar ruled:
The crown submitted that when he agreed to take carriage of the file, Mr. Doucette was aware that the "policy" of the crown was to pay legal aid rates in such circumstances. However, Mr. Doucette, even though aware of the position of the crown with respect to payment at legal aid rates, accepted the file based on the decisions in R. v. Barton, R. v. George, and R. v. McKenzie. In those cases, the deputy registrar held that the clear wording of s 684 (3) of the Code did not limit the fees paid to court appointed counsel or amicus curiae to the legal aid rate, or any other rate unilaterally determined by a policy of the Crown. Indeed the very wording of that provision supports a conclusion that the rate is to be agreed on by the parties or failing agreement, fixed by the registrar in consideration of the circumstances of each case.
...
14. I agree that this case was a complex and difficult one, and do not feel that the hourly rates submitted by Mr. Doucette for his counsel work are unreasonable in the circumstances, given his general expertise and appellate experience in such matters. I will therefore tax Mr. Doucette's hourly rate, as requested, at $235.00 per hour and direct that the Attorney General pay Mr. Doucette's fees in full.
Appeals of Orders not Reasons for Orders
There is, from time to time, a question arising about what an appeal court considers -- the order appealed or the reasons therefor?
The general rule is, as set out by the Newfoundland Court of Appeal in the recent case of Newfoundland and Labrador (Office of the Information and Privacy Commissioner) (Re), 2008 NLCA 29, that only the order is appealed and not the reasons.
The reasons go to whether the order is proper but there is no appeal from reasons. There are only appeals from orders. Thus, if a judicial officer makes comments in reasons that a party finds objectionable, but grants the order sought by that party, no appeal lies.
The Court held:
The Court has no jurisdiction to hear the appeal that the Commissioner intends to take. The jurisdiction of the Court is to hear appeals respecting decisions or orders made by a Trial Division judge. (See Section 5 of the Judicature Act, R.S.N.L. 1990, c. J-8). The Court has no jurisdiction to hear an appeal only in respect of comments or reasons expressed by a trial judge in the course of making a decision or order. Having been granted the specific relief he sought from Justice Hall, the Commissioner has no right to appeal that order solely to have reasons associated with it expressed in the manner the Commissioner desires rather than the manner expressed by Justice Hall. (See Newfoundland and Labrador v. Canadian Broadcasting Corporation, 2006 NLCA 21 (CanLII), 2006 NLCA 21, 254 Nfld. & P.E.I.R. 291, 207 C.C.C. (3d) 309).
The general rule is, as set out by the Newfoundland Court of Appeal in the recent case of Newfoundland and Labrador (Office of the Information and Privacy Commissioner) (Re), 2008 NLCA 29, that only the order is appealed and not the reasons.
The reasons go to whether the order is proper but there is no appeal from reasons. There are only appeals from orders. Thus, if a judicial officer makes comments in reasons that a party finds objectionable, but grants the order sought by that party, no appeal lies.
The Court held:
The Court has no jurisdiction to hear the appeal that the Commissioner intends to take. The jurisdiction of the Court is to hear appeals respecting decisions or orders made by a Trial Division judge. (See Section 5 of the Judicature Act, R.S.N.L. 1990, c. J-8). The Court has no jurisdiction to hear an appeal only in respect of comments or reasons expressed by a trial judge in the course of making a decision or order. Having been granted the specific relief he sought from Justice Hall, the Commissioner has no right to appeal that order solely to have reasons associated with it expressed in the manner the Commissioner desires rather than the manner expressed by Justice Hall. (See Newfoundland and Labrador v. Canadian Broadcasting Corporation, 2006 NLCA 21 (CanLII), 2006 NLCA 21, 254 Nfld. & P.E.I.R. 291, 207 C.C.C. (3d) 309).
Colby Cosh: After Morgentaler, CM, will the silence of the lambs continue?
"This is rather harsh but perhaps he has a point"
On Friday I made a rather late contribution to the debate over Henry Morgentalers receipt of membership in the Order of Canada, concluding with an implicit challenge to the sincerity of pro-lifers:
The Order... has over 3,000 living members, few of whom can have been chosen after meeting some pro-choice litmus test. It ought to represent the spectrum of opinion well. But so far weve heard of just one gentleman, Fr. Lucien Larré, who is indignant enough to actually turn in his medal. Lets see whether any of these other accomplished individuals care more about what were endlessly told is the "taking of human life" than they do about that adorable little metal snowflake in the drawer.
At the time of this writing, the observed Outrage Quotient remains one angry clergyman divided by 3,000-plus living members of the Order. Not what Id call "widespread", despite the fact that various stories on the controversy use this adjective and others like it unblinkingly. But something occurred to me after the piece appeared: perhaps I had made the denominator in this equation unfairly large? After all, isnt the Order of Canada positively crawling with priests, nuns, and career papists of various sorts? Do any of these people besides Fr. Larré care about established principles of their faith enough to make a meaningful protest?
The Governor-Generals website makes it impossible, to be sure, to make an exhaustive survey of Catholics in holy orders who have been accepted into our leading secular one. But plenty of names stand out, like those of Jesuit Father and leading ecumenist Irénée Beaubien; youth minister Fr. Tommy McKillop; Oblate missionary Fr. Yvon Levaque; and relief-organizing Bishop Emeritus Jean-Guy Couture. Better-represented still, perhaps, are the nuns: bioethicist Sister Nuala Kenny, substance-abuse expert Sr. Margaret Smith, nursing educator Sr. Margaret Vickers, choir leader Sr. Kathrine Bellamy, shelter organizer Sr. Susan Moran, and missionary Sr. Lenore Gibb. The Order also contains a tremendous number of important Catholic laymen, like St. Michaels College president Richard Alway and distinguished Catholic journalist Janet Somerville. Former senator and Order officer Douglas Roche, ever ready to make his voice heard at deafening volume on disarmament issues, received a Papal Medal personally from the hand of the late John Paul II. And be sure to reserve bonus points for yourself if you remembered that a renowned pro-life dabbler in Anglican theology, Elizabeth May, is also a officer of the Order.
Of course these people have not had much time to make a decision about whether its suitable for them to hobnob with the monster Morgentaler, and many are doubtless in their dotage. On the other hand, this list is the tip of the iceberg; Ive left out "devout" Catholic laymen of local or strictly secular renown, and we havent even gotten around to talking about the evangelical Protestants. The point is that there are more than enough supposedly believing members, officers, and companions of the Order to mount a very strong, non-symbolic defence to Morgentalers appointment.
The choice they are presented with, given the premises of most organized Christian denominations, should not be particularly difficult. No violence is required; no physical peril need be tempted. Dissenting members dont even have to be impolite about resigning from the Order; surely all of them have a copy of its Constitution, which painstakingly outlines the procedure. (Perhaps it might help if they consider it a dilation-and-extraction of ones lingering attachment to worldly trinkets.) No one expects martyrdom: all that their God asks is for a minor downgrade in social standing, and perhaps a risk of having some muck splashed on them by a journalist or two. As an atheist Im thrilled that, so far, His imagined power to compel has proven so feeble.
Jeweller, family held hostage in heist
Jul 08, 2008
An Oakville mall remains cordoned off this morning as police search for suspects in the attempted robbery of a high-end jewellery store.
Police say the incident at Olde Oakville Market Plaza, at 321 Cornwall Rd., was connected with an afternoon home invasion at the Burlington home of the jewellery store manager Jon Walker.
Walker, his wife Dawn, and their 7-month-old baby were left bound and gagged at their Burlington residence by an armed man after Walker came home around 6:45 p.m.
Investigators say the man stole the keys to the jewellery store and to their car before making his way to the store.
Meanwhile, the Walkers managed to free themselves and call the police, who found their Honda Civic in front of the store around 8:30 p.m.
Police cordoned off the mall and closed off two blocks of Cornwall Rd. just east of Trafalgar Rd., south of the Queen Elizabeth Way, but could not contact anyone inside the store.
Just before 11:30 p.m., a police tactical unit deployed "distraction devices" such as tear gas and concussion grenades in the mall stores before officers searched the area for two armed suspects, said Halton Police Insp. Ivan Lortye.
At approximately 12:15 a.m., tactical officers entered the business and cleared it. No one was found inside.
As of this morning, the suspects have not been found. Police are still on scene clearing each store because they are all attached, Halton police Staff Sgt. Dave Pollard said around 4:30 a.m.
Police were providing few details about the incident, which began at about 3 p.m. at the Walker’s East Side Cres. home, northwest of Guelph Line and Lakeshore Rd.
One neighbour said police told residents that the couple had been victims of a planned robbery.
"Apparently someone came by with a gun and waited for him to come home," said the neighbour, who didn’t give his name.
The neighbour said Dawn ran to several houses around 8 p.m., shouting about a break-in and asking someone to "call 911."
"She was totally frenzied, panicked," the neighbour said, adding that the intruders had already fled.
He said he heard from other neighbours that Dawn had been struck in the jaw.
"I saw Jon leaving with the baby in his hands and he was still in his suit. He waved to me, hopped in an ambulance and left," the neighbour said.
Dawn was taken away in a second ambulance.
"They were just telling us how quiet the neighbourhood is here and they were going to live here for years," the neighbour said.
According to its website, Knar Jewellery is a family-owned business that specializes in fine jewellery, selling high-end brands such as Rolex, Fabergé, Cartier, and Mont Blanc.
The store first opened as a small jewellery shop downtown Kitchener in 1978 by brothers Greg and Jeff Buzbuzian. They later opened stores in Guelph, Cambridge, and Oakville. The store is affiliated with the American Gem Society and the Canadian Jewellers Association.
Subscribe to:
Posts (Atom)