Saturday, July 26, 2008

Bombings in India

Who is behind the wave of bombings in India? For the second day bombings have struck Indian cities.

News reports have the Indian authorities being very circumspect but hinting at Islamic extremists.

But, and perhaps this is too conspiracy theory, why would Islamic extremists blow up provincial towns in India?

Perhaps because of local issues -- certainly today's target, Ahmadabad, has local problems between Muslim and Hindu populations.

On the other hand, such bombings will only stir up resentment against the Muslim minority and can hardly benefit Muslims. There is no separatist movement to benefit and no obvious political objective save revenge for earlier rounds of violence. So perhaps someone else is to blame?

The caution of the Indian government may reflect uncertainty as to the real terrorists.

Remember the Spanish train bombings -- the usual suspects aren't always guilty.

The Globe story reads, in part:

Indian city rocked by 16 bombs; at least 29 dead
R.K. MISRA

Associated Press Sat, 26 Jul 2008
16:21 EDT

AHMADABAD, India — At least 29 people were killed and 88 wounded when a series of small explosions hit the western Indian city of Ahmadabad on Saturday, a top official said, a day after seven similar blasts struck a southern city.

Narendra Modi, the chief minister of Gujarat state where Ahmadabad is located, said at least 16 bombs went off Saturday evening in several neighbourhoods of the busy city.

...

.Prithviraj Chavan, a junior minister in the prime minister's office, called the explosions "deplorable" and said they were set off by people "bent upon creating a communal divide in the country" – language officials usually use when blaming Islamic militants believed to be behind bombings that have repeatedly hit India's cities in recent years.

Full story here:

http://m.avantgo.com/ui?ag_url=52616e646f6d4956b410ed1909657739c8ffdc094d705d7a1c550b48213ddeba4b84f2348d2ccde61cf0959b50210183d84d7f4b3fa662e63c2e6aadaa210265a9369b9934fb94d87e6cbc177084f539&ag_channel=4179&showNav=0&ms=globeandmail

Twilight of a false god ... .

Listening to Wagner this afternoon I was put in mind of the twilight of the great false god of the last century.

Though the fall of the Soviet Union occurred just a few years ago, it already seems like an event from a remote and entirely different time.

Communism didn't just collapse. It vanished as if it had been a bad dream, not a powerful totalitarian system that terrorized its subject peoples and menaced its geopolitical rivals. As an idea Communism exercised a serpent like fascination -- a way to build a new Jerusalem without recourse to anything other than humanity.

But as with the first offer to 'be like G-d' Communism was false. The idea of Communism and Humanity perfected died with the system it had affirmed but in some places the idea's death took time coming.

Probably the last truly Communist nation on earth, Cuba, looks to abandon that faith soon, possibly tonight. In a major speech, see story below, President Raul Castro will announce the end of "excessive prohibitions" in Cuban life.

There won't be an end as in, say, Romania and the public discourse will continue to mention Marx, at least for a time, but the end is still the end.

Perhaps there will be enough change to allow the next US President to abandon the (clearly failed) policy of sanctions against Cuba. Regardless, within ten years Cuba will be post-Communist (it may not be very nice; China is post-Communist but hardly a democracy. Still China today is a great leap forward from the days of Mao).

See excerpts from a Globe online story below:

Full story:

http://m.avantgo.com/ui?ag_url=52616e646f6d4956cd90ac7612b827c64ed7f26734f214dde125532007e903a3397f377df126d3d5b0a6b275c387d419c1af1f4d3e8e336bb4fa382a90e3aba33fb7a31982b361e21420ac89987ea14c&ag_channel=4179&showNav=0&ms=globeandmail


HAVANA — President Raul Castro will mark the 55th anniversary of the start of the Cuban revolution on Saturday with a speech to a nation waiting to hear how far and how fast he plans to go in reforming the island's struggling state-run economy.

Since taking over from ailing older brother Fidel Castro, Raul Castro, 77, has pushed through reforms large and small that have raised expectations for improvement in one of the world's last communist states.

Cubans, hungry for more, have speculated he could announce anything from immigration reform making it easier to travel to changes that would allow them to more freely buy and sell cars and homes.

Most of the speculation is based on Castro's promise earlier this year to remove "excessive prohibitions" in Cuban life.

Ontario report recommends lowering barriers that restrict access to justice

Good summary in the Star of the legal aid report released yesterday. The Attorney General has been quite proactive on legal aid and streamlining the system to make it more efficient (a task necessary but far from easy) so it's pretty sure he'll go through the report with care.

The trouble is that funding is a problem and you could double legal aid's budget and still see shortfalls. Hence the need for some fundamental reform of the justice system -- but that's for another post.

Here's an excerpt of the Star's story.

Joseph Hall and Tracey Tyler
The Toronto Star , July 26, 2008

The middle class should have access to Ontario's legal aid program and lawyers who work in the system should be paid considerably more.

Those are two of seven key recommendations released yesterday in a
sweeping report into the province's government-funded legal aid program,
established more than 40 years ago with the promise of ensuring justice for all, yet now struggling to serve even the poor.

While legal aid was introduced with the neediest citizens in mind, access to justice for the broader middle class has become a serious problem, with one high-profile judge after another, including Ontario Chief Justice Warren Winkler, calling it the most pressing issue facing
the justice system.

A simple three-day civil trial costs about $60,000, more than a year's salary for many families, who can't afford to pay for a lawyer but would still be considered too well-off for legal aid.

"The financial eligibility criteria are so restrictive that it is only the very poor that qualify for most forms of legal aid," said Michael Trebilcock, a University of Toronto law professor who wrote the report for Ontario's attorney general.

Eligibility criteria must be "significantly raised to a more realistic level" and, perhaps in some cases, scrapped altogether, he argued.

"Some range of legal aid services should be provided to all Ontario citizens on a non-means tested basis ... so that middle-class Ontarians develop a material stake in the well-being of the legal aid system."

In addition to opening the system so the middle class could, at minimum, have access to basic legal advice, information and assistance could also be offered through alternatives such as telephone hotlines, the report proposes.

Complaining of Success

Today's newstory about MADD speaks volumes of community attitudes to drinking and driving.

When I started to practice law a drinking and driving offences was seen, candidly, as a rather significant traffic ticket. Impaired driving, absent injury or death, was treated lighted.

Today the situation is quite different -- impaired driving is seen as a significant crime. And it has become less common.

But MADD doesn't want to take comfort out of (partial) victory:

The StatsCan figures, which were gathered at MADD's request, show that there were 117,514 people charged in 1986 for operating a motor vehicle with a blood alcohol level of 0.08, compared to 57, 147 in 2006.

Anti-drunk driving advocates say that police are discouraged by the piles of paperwork involved and the legal challenges in convicting an impaired driver and therefore, are laying less charges.

Margaret Miller the national president of MADD Canada told CTV Newsnet Friday that she didn't think the figures actually represented a significant drop in drinking and driving.

"I am not putting too much stock in the Statistics Canada figures simply because they aren't taking into account the impaired people being charged at the .05 to the .07 level," she said, noting that those levels are taken care of at the provincial level.


There is no offence, in criminal law, of driving at the 0.05 to 0.07 level. It's not a crime -- and the refusal to accept Good News because it does not deal with matters unrealted to the News is merely an example of an organization that does not know when to quit.

That said, there is more work to be done on Impaired Driving -- but let's accept success when it comes!

Friday, July 25, 2008

City Leaves


Picking up a pizza I realized just how lovely the strip mall trees were -- almost a Budda moment -- beauty in the overlooked instant!
Do not dwell in the past, do not dream of the future, concentrate the mind on the present moment. Buddha

By-Elections

We have three by-elections for early September and some are saying this will be a litmus test for the next general election.



Maybe.



My sense is that the Conservatives aren't likely to win any of the seats so ordinary Liberal victories won't mean much. But Liberal losses would be significant.



The vacant Quebec ridings of Westmount-Ville Marie in Montreal and nearby Saint Lambert will hold by-elections on September 8, as will the Guelph riding in Southwestern Ontario. The Westmount and Guelph ridings were both held by the Liberals, while Saint Lambert went to the Bloc Quebecois in 2004.



Prime Minister Harper had until Saturday to announce the elections, and the earliest possible date they could have been held was September 2.



There is little doubt that the earlier by-elections called by the Prime Minister were chosen to ensure the Conservatives looked strong (although the NDP's Thomas Mulcair's upset victory in Outremont last year was an unexpected plus for Harper).



These by-elections could return two Liberals and a Bloc member without meaning much. In fact, since the Conservatives aren't likely to win anything a loss for the Liberals would be an upset -- the Liberals have far more to lose than the Conservatives. (That said, a win in Saint Lambert would be sweet, but I'm not holding my breath)



A Liberal news release quotes Stephane Dion as saying:



"Canadians will use the three federal byelections called in Quebec and Ontario today to send Prime Minister Stephen Harper a strong message that they don't like the way he is running the country."



Huge Liberal majorities may signal such a message, of course, any Conservative wins would signal something else; but absent such results the by-elections may not mean very much.

Flocke Contemplates


HAPPY FRIDAY ALL!!!

Marijuana -- A Gateway Drug?

The posts earlier today about marijuana as a gateway drug led to a number of passionate comments. Well, at the risk of causing offence I offer another thesis.



Marijuana is a gateway drug but it's a gateway drug because it's illegal. Legalize it and it won't be a gateway drug anymore.



Why?



Consider this -- is alcohol a gateway drug? Of course not; drinking does not lead to cocaine. And that's because the Beer Store does no up selling to crack.



In fairness, many marijuana dealers only sell dope but many sell a whole range of illegal drugs. The profit on other harder drugs is higher and the incentive is there to move other drugs.



If marijuana was legal there would be no incentive to sell other illegal drugs and, indeed, there would be every incentive to avoid the taint of illegality.



Does smoking dope, in itself, lead to a desire for other drugs? I doubt it but am prepared to listen to others. My sense is that any gateway effect is another manifestation of the crime tariff.

Conflict Guidelines for Lawyers

Today’s British Columbia decision in Robertson v. Slater Vecchio, 2008 BCCA 306 (CanLII) deals with whether the guidelines set out by the CBA for avoiding conflict when lawyers move from one firm to another are to be seen as strict rules or more as persuasive suggestions.

Broadly put the guidelines are more suggestions than rules.

Since the seminal decision of the Supreme Court of Canada in MacDonald Estate v. Martin 1990 CanLII 32 (S.C.C.), [1990] 3 S.C.R. 1235, 77 D.L.R. (4th) 249, so-called “Chinese walls” or “firewalls” have become common phenomena in Canadian law firms. The basic tenets of MacDonald Estate are well known: where a lawyer has received confidential information attributable to a solicitor-client relationship at one firm and then transfers to a new firm whose files would place him in a position of conflict, the law will infer that “confidences are likely to be disclosed” unless one can be satisfied, on the basis of “clear and convincing evidence”, that all reasonable measures have been taken to eliminate such risk. It is not sufficient for the lawyer merely to provide assurances or to swear an affidavit that no disclosure has occurred or will occur, or even to give an undertaking to this effect. Objective and verifiable standards must be in place such that “the public represented by the reasonably informed person would be satisfied that no use of confidential information would occur.” (MacDonald Estate, 1259-60.)

In response to the Court’s comments in MacDonald Estate, the Canadian Bar Association formulated a set of guidelines that have been adopted substantially by law societies across the country, to assist lawyers and their firms in meeting this high standard. In British Columbia, the Law Society requires that:

Firm disqualification

7.4 If the transferring lawyer actually possesses confidential information relevant to a matter referred to in paragraph 7.2(a) respecting the former client that may prejudice the former client if disclosed to a member of the new law firm, the new law firm must cease its representation of its client in that matter unless:

(a) the former client consents to the new law firm’s continued representation of its client, or

(b) the new law firm establishes, in accordance with Rule 7.8, that:

(i) it is in the interests of justice that its representation of its client in the matter continue, having regard to all relevant circumstances, including:

(A) the adequacy of the measure taken under subparagraph (ii),

(B) the extent of prejudice to any party,

(C) the good faith of the parties,

(D) the availability of alternative suitable counsel, and

(E) issues affecting the national or public interest, and

(ii) it has taken reasonable measures to ensure that there will be no disclosure of the former client’s confidential information to any member of the new law firm. [Emphasis added.]

See Ontario Rule 2.04 which is similar.

The CBA Task Force report, “Conflict of Interest Disqualification: Martin v. Gray and Screening Methods”, dated February 1993 promulgated guidelines as follows:

1. The screened lawyer should have no involvement in the new law firm’s representation of its client.

2. The screened lawyer should not discuss the current matter or any information relating to the representation of the former client (the two may be identical) with anyone else in the new law firm.

3. No member of the new law firm should discuss the current matter or the prior representation with the screened lawyer.

4. The current client matter should be discussed only within the limited group that is working on the matter.

5. The files of the current client, including computer files, should be physically segregated from the new law firm’s regular filing system, specifically identified, and accessible only to those lawyers and support staff in the new law firm who are working on the matter or who require access for other specifically identified and approved reasons.

6. No member of the new law firm should show the screened lawyer any documents relating to the current representation.

7. The measures taken by the new law firm to screen the transferring lawyer should be stated in a written policy explained to all lawyers and support staff within the firm, supported by the admonition that violation of the policy will result in sanctions, up to and including dismissal.

8. Affidavits should be provided by the appropriate firm members, setting out that they have adhered to and will continue to adhere to all elements of the screen.

9. The former client, or if the former client is represented in that matter by a lawyer, that lawyer, should be advised:

(a) that the screened lawyer is now with the new law firm, which represents the current client, and

(b) of the measures adopted by the new law firm to ensure that there will be no disclosure of confidential information.

10. The screened lawyer should not participate in the fees generated by the current client matter.

11. The screened lawyer’s office or work station should be located away from the offices or work stations of those working on the matter.

12. The screened lawyer should use associates and support staff different from those working on the current client matter.

The British Columbia Court of Appeal found the guidelines are suggestive but not ironclad rules. The Court held:

[23] Mr. Robertson placed primary emphasis on the first ground of appeal, highlighting Slater Vecchio’s failure to comply with Guidelines 11 and 12, quoted above at para. 3. Although he was reluctant to agree with the suggestion that it is “practically impossible” for a small firm to comply with these requirements, he submitted that such firms must organize themselves so as to comply with all the Guidelines without exception. Not having done so, Slater Vecchio left open the risk that, for example, a legal assistant who had prepared a document on the impugned files might also work for Mr. Gordon, or that Mr. Gordon would have lunch with one of his co-workers or even socialize with them outside the office.

[24] With respect, this submission comes perilously close to treating the Guidelines in Appendix 5 to the Handbook as if they were mandatory rules that must be met in every case and in every detail – essentially the position adopted by Cory J. for the minority in MacDonald Estate. That position did not prevail. As mentioned earlier, Appendix 5 itself says that it is not possible to formulate “reasonable measures” that will be appropriate or adequate in every case and that adoption of only some of the Guidelines may be adequate in some cases. Thus Robertson J.A. observed for the Court in Bank of Montreal v. Dresler, supra, that there is no authority for the proposition that to avoid disqualification, the “tainted firm” must comply with all twelve Guidelines. (Para. 59.) He continued:

… The Task Force observed that the greater the number of guidelines implemented the greater the chance of a screen's success. There is no reason to quibble with this proposition. It is consistent with clause 4(b)(i)(A) of the Law Society's conflict rules, which speaks of the "adequacy" of the measures taken to prevent disclosure of confidential information. However, this understanding does not detract from the reality that some guidelines are mandatory. Others are not. Some are more significant than others. Some relate to ethical matters. Others focus exclusively on the erection of an effective screen. …

In summary, disqualification is not automatic because of a failure to comply with all twelve of the Law Society's guidelines. To hold otherwise would be tantamount to saying that the professional bodies concerned were intent on adopting a comprehensive code of conduct. That approach is too impractical. The diversity of factual circumstances that can arise is documented in the law reports. This is one area of the law in which flexibility is required. [At paras. 56 and 60; emphasis added.]

The court must determine, then, not whether each of the Guidelines has been followed to the letter, but whether on the facts of the case the lawyer and his or her firm have met the “difficult burden” of the “reasonable member of the public” test formulated by the majority in MacDonald Estate.

President Bush and Batman

A few days ago I commented that the new Batman movie was a reflection of the current "war on terror".



To my surprise, this concept has been taken up by Andrew Klavan in today's Wall Street Journal.



Mr. Klavan suggests that President Bush and Batman are both heroes -- not a point I pushed -- but his thesis is interesting.



He says:



" There seems to me no question that the Batman film "The Dark Knight," currently breaking every box office record in history, is at some level a paean of praise to the fortitude and moral courage that has been shown by George W. Bush in this time of terror and war. Like W, Batman is vilified and despised for confronting terrorists in the only terms they understand. Like W, Batman sometimes has to push the boundaries of civil rights to deal with an emergency, certain that he will re-establish those boundaries when the emergency is past.



And like W, Batman understands that there is no moral equivalence between a free society -- in which people sometimes make the wrong choices -- and a criminal sect bent on destruction. The former must be cherished even in its moments of folly; the latter must be hounded to the gates of Hell. "The Dark Knight," then, is a conservative movie about the war on terror. And like another such film, last year's "300," "The Dark Knight" is making a fortune depicting the values and necessities that the Bush administration cannot seem to articulate for beans."



See entire story here:



http://mobile2.wsj.com/device/html_article.php?id=&CALL_URL=http://online.wsj.com/article_print/SB121694247343482821.html%3f

Marlene Jennings and Anita Neville's Statement on Prisoner Release

Remembering Ehud and Eldad

The road of statesmanship is paved with bitter choices. But few are more difficult and soul-searching than the recent decision of the Government of Israel to release five Lebanese prisoners and return 199 bodies of Lebanese fighters in exchange for the bodies of Ehud Goldwasser and Eldad Regev, the two Israeli soldiers who were kidnapped from Israel by the terrorist group Hezbollah in 2006.

How does one weigh the grief of two victimized families and of all Israelis, who had clung to hope that there was hope? How does one weigh that pain against the release of Samir Kantar, a hateful murderer who smashed the head of an innocent four year-old girl? How can Israel's pledge to return every lost soldier, dead or alive, be weighed against the cost of commuting a sentence of five hundred years to 19 years of incarceration already served?

This was not an easy choice. It was the kind of choice that keeps you up awake in the little hours of the morning. But the decision of the Government of Israel to choose compassion and spare the two families continued torment about the fate of their sons shows leadership, because it takes leadership to choose. Clearly, this is not a one-sided decision and the cost is high. But isn't it better to err on the side of humanity?

Israel's decision stands in stark contrast to the unspeakable spectacle of jubilation and triumph that we saw in Lebanon. When Israelis are willing to go to extraordinary lengths to recover their fallen, they reaffirm, in a powerful way, Israel's commitment-to and love-of life. When Palestinians celebrate the return of a man like Samir Kantar, they showcase, in a damning way, a culture that glorifies death and murder.
Now is the time to grieve and to remember Ehud and Eldad; to come together in solidarity with their families and with the Israeli public as they seek closure to this protracted and painful ordeal.

We, along with other members of Liberal Parliamentarians for Israel, have had the privilege of meeting with the families of the abducted soldiers when they visited Parliament Hill in the past. We met them to convey our solidarity and our concern for the well-being of their sons. We saw their hopes, but could only guess at their pain. Now, we offer our heartfelt condolences to them and to all those aggrieved by the cowardly abduction and murder of these two promising young men.

If you want to convey your condolences to Ehud's and Eldad's families, you can add your names to the electronic book of condolences set up by the Canada-Israel Committee on line at

<http://www.cicweb.ca/condolences/index.cfm> www.cicweb.ca/condolences/index.cfm.

We cannot take away the loss. But we can let them know that they are not alone and that we will remember.

Respectfully Yours,

Marlene Jennings, MP (Notre-Dame-de-Grâce–Lachine)
and
Anita Neville, MP (Winnipeg South Centre)
--------------------


Osgoode Great Library


Said to be the most perfect room in Canada

Pope Meets Iraqi Leader

The story below was released today by the VIS Service (Vatican Press Office).



It may be seen as just fluff (and certainly the story doesn't say much about the discussions) but the Vatican has a history of being an impartial go-between amongst warring factions so there may be more to this story than first appears.



HOLY FATHER RECEIVES IRAQI PRIME MINISTER



VATICAN CITY, 25 JUL 2008 (VIS) - The following communique was released this
morning by the Holy See Press Office:



"Today in the Apostolic Palace of Castelgandolfo, the Holy Father Benedict XVI received in audience Nouri Kamel Al-Maliki, prime minister of the Republic of Iraq. The prime minister had earlier met with Cardinal Secretary of State Tarcisio Bertone S.D.B. and Archbishop Dominique Mamberti, secretary for Relations with States.



"The discussions, which took place in a cordial atmosphere, provided an opportunity to examine a number of fundamental aspects of the situation in Iraq, also taking into account the regional situation. Particular attention was given to the question of the many Iraqi refugees, both inside and outside the country, who are in need of assistance, also with a view to their hoped-for return.



"Renewed condemnation was expressed for the violence that continues to hit various parts of the country almost daily, not sparing the Christian communities which strongly feel the need for greater security.



"The hope was expressed that Iraq may definitively discover the road to peace and development through dialogue and co-operation among all ethnic and religious groups, including minorities, which, while respecting their respective identities and in a spirit of reconciliation and of searching for the common good, together undertake the moral and civil reconstruction of the country. In this context, the importance of inter-religious dialogue was reiterated, as a way to religious understanding and civil coexistence. The prime minister invited the Holy Father to visit Iraq.

Now you mention it...

As proof of the point of my last post I left to subway in downtown Toronto early this morning to be greeted by aroma of marijuana. A group a construction workers were openly sharing a joint -- they no more hid their actions than if they were having a coffee.

Legalize Marijuana?

There are obvious arguments both ways.

Pro:



Alcohol is legal and it is more harmful than marijuana. People should be free to make their own choice about what they do with their bodies. The law isn't enforced, and can't be enforced, and is a costly way to bring justice into disrepute.



Against:



Marijuana really is a gateway to worse drugs. The legality of alcohol is unfortunate but so deeply part of our culture that it can't be eliminated -- but one bad idea doesn't justify another. Laws against marijuana do keep usage down and without limitation impaired driving would skyrocket.



And I am sure there are as many more arguments one way or the other as there are readers of the post.



I am inclined to legalization but recognize both sides of the argument are cogent.



One thing I do know is that our marijuana laws are a mess and do no credit to our justice system.



One in three Canadians admit to having used marijuana and 17% used it recently; is there any other crime so commonly accepted amongst Canadians? The marijuana trade (and this is a very serious crime) is a major economic engine in British Columbia. The Court's rulings on whether the criminal ban of marijuana is legal are confusing, to say the least.



And this means a serious re examination of the law, perhaps by an all Party committee, with some expert assistance, coming to joint (no pun intended) conclusions for a focused way forward is needed.



It can be done.



Marijuana is a public health issue and all Parties can agree it needs control -- the question is how best to control and that's a technical issue. Legalize but regulate, criminalize more strongly and add resources to crack down, just let the ban go and tax sales like cigarettes, anything that looks likely to work!



Whatever the answer, we can't continue like this.

RRSP's Now Safe In Bankruptcy

Because of recent changes to the bankruptcy legislation, registered retirement savings have some protection from creditors if you go bankrupt.

Amendments to Canada's Bankruptcy and Insolvency Act mean that for bankruptcies occurring after July 7, 2008 creditors can no longer go after your Registered Retirement Savings Plans (RRSPs), Registered Retirement Income Funds (RRIFs) or Deferred Profit Sharing Plans (DPSPs) to pay off owing debts.

In the past, only some investments such as certain segregated funds and pension funds were protected from creditors. Now, you don't have to worry that all your retirement savings will be lost if you go bankrupt. However, to prevent intentional protection of funds, any money put into registered plans in the 12 months before a bankruptcy (or longer) may not be subject to this new rule.

Flowers At Dusk

Thursday, July 24, 2008

Fall Election May Be Coming -- North Bay Nugget

Interesting Editorial in the North Bay Nugget today:

Fall election may be coming

If Liberal Leader Stephane Dion is correct, we might be headed to the polls for an election come fall. And when it finally happens, it will be a very interesting contest.

Instead of deciding whether or not to boot the sitting government, this time it will likely be more about the differences in party policies.


Full story here:

http://www.nugget.ca/ArticleDisplay.aspx?e=1127692

Victim Surcharge -- Judges Recognize Reality

Oh dear, I am going to support weak liberal judges and disrespect victims' rights.

Well, not really, but it may look like that, at least until you read this piece in full.

Today's Pembroke Daily Observer repeats a complaint made repeated in the Sun Media chain that judges are not enforcing the victim surcharge on criminals, thereby failing to ensure a proper fund for victims exists.

The Observer says:

To understand the contempt in which crime victims are held by our justice system, one need only look at the ill-fated history of the Federal Victim Surcharge.

Passed in 1988 and toughened in 1999 when the surcharge was, in theory, made mandatory in order to compel criminals to compensate victims, the surcharge has been ignored by judges and poorly implemented by the provinces.


Meanwhile, federal politicians appear to have forgotten about the law as soon as they passed it.

As a result, tens of millions of dollars in restitution that could have gone to crime victims over the past 20 years, paid for by the criminals who harmed them, have been forfeited, an outrage which continues today.

[Link: http://www.thedailyobserver.ca/ArticleDisplay.aspx?e=1127849 ]

This all sounds very convincing until you look at the realities involved.

One of the reasons fines are not (in general) a good penalty is because most people going to jail have either no money, or, if they have any it is going to their immediate family for basic needs (and if it doesn't go to the families they will be on welfare too).

An extra fine on crime, for the benefit of victims, sounds great but in fact it is a political gesture towards victims of crime. It costs the government nothing and it looks like a significant new resource for victims is created. As a political statement, it uses victims as a prop to demonstrate being "tough on crime".

In fact, collecting the surcharge would be impossible and any funds that were obtained would be more than spent on collection costs.

So the judges waiving the surcharge are not giving criminals a break -- they are recognizing the realities before them.

What is really needed is government programs (yes, tax money is needed) that address victims needs and changes in the basic structure of the criminal system (and some of this has been done -- victim impact statements are a start) to make victims a part of the process and not simply meddling outsiders.

North American Car Companies In Danger

I recently met with a man who has an interest in the franchise to bring Chinese made cars into Canada. He showed me an SUV he was driving -- it was a solid well built, if slightly old-fashioned, vehicle.

He told me he could sell it, at a profit, in Canada for about $25,000; which would be about $15,000 cheaper than a comparable vehicle.

He told me he could sell a stripped economy car for about $7,500. Finally, he said the cars met California safety and emission standards.

Now, do I believe everything he said?

Not really, but even with an allowance for exaggeration his story led to a clear conclusion -- North American car makers are in deep trouble. The problems are deep seated and it may be that no amount of government help (except perhaps tariff walls -- but those pose other dangers) can help save the industry.

And with that I refer you to today's story about Ford:


Ford reports biggest quarterly loss in its history

One of the world's oldest automakers, the Ford Motor Co., posted its worst quarterly performance in company history Thursday.

Ford posts $8B quarterly loss

Ford lost US$8.7 billion in the second quarter as buying trends shifted away from gas-guzzling trucks and SUVs towards fuel-efficient small vehicles and hybrids.


Thursday's net loss factors in $8.03 billion in write-offs due to large declines in U.S. truck and SUV sales. Shares dropped $3.88 per share in the second quarter, compared with a year-ago net profit of $750 million or 31 cents per share.

Link to whole story:

http://news.sympatico.msn.ctv.ca/abc/home/contentposting.aspx?isfa=1&feedname=CTV-TOPSTORIES_V3&showbyline=True&newsitemid=CTVNews%2f20080724%2fFord_motor_080724

Susanne Low - Yemanja - Orisha Goddess of the Seas

Maybe a Fall Election After All?

Today's joint funding announcement is both sensible and welcome. Ontario needs the help.



That said, does it, perhaps, make a fall election more likely?



Ontario to get $7.8-billion for infrastructure



KAREN HOWLETT AND DANIEL LEBLANC

From Thursday's Globe and Mail



TORONTO, OTTAWA — The federal government will announce today that it is inking a deal with Ontario to spend $7.8-billion in the province on public transit, roads and bridges as part of its plan to maintain and expand the country's infrastructure systems, sources say.



The Ontario government will sign an agreement under Ottawa's infrastructure plan, called Building Canada, which will see the Harper government spend $33-billion over seven years on infrastructure projects across the country.



Ontario will become the latest province to reach a so-called framework agreement with Ottawa, which will set out how it will use its $7.8-billion share of the funding, federal and provincial sources said.



See full story at:



http://ago.mobile.globeandmail.com/generated/archive/RTGAM/html/20080724/winfra24.html

And The City Moves On ...

Taking the subway to court, half asleep, thinking of the day ahead.

I hear the train coming into the station and then a horn blasting. My thought, 'odd to have a through train in rush hour'.

Then cries of 'dear G-d' and 'doctor'. A woman crushed between the train and the platform. She's alive but wailing, an awful sound, a wounded animal cry. Haunting. This will stay with me.

The platform is cleared.

Buses come to take passengers around the closed station. A life taken? If not gone then changed forever.

And the City moves on ... .


David Ben Gurion

Anyone who believes you can't change history has never tried to write his memoirs.

Bear and a Bucket

It is so hard to get the last scraping of ice cream ... .

Some Slight Hope In Zimbabwe

Zimbabwe has taken the first step to ending its political crisis, with ruling Zanu-PF and the opposition Movement for Democratic Change (MDC) signing a memorandum that set the scene for talks.

These talks will give Zimbabwe's politicians a fresh chance at putting the plight of the people ahead of party or self-interest.

So there is some hope, and it may be that the collapsing economy, mounting sanctions and a restless army, will force Mugbe to negotiate - but I wouldn't bet on it. Until Mugbe is out of power he remains a danger to his people.

Remember that earlier this week Zimbabwe, grappling with a record 2.2 million percent inflation introduced a new 100-billion-dollar bank note in a bid to tackle rampant cash shortages. The danger is not over yet.

Al Jazeera's coverage of the events in Zimbabwe is probably the best available -- and their coverage of the talks to create a unity government is very solid. See their summary below:


http://english.aljazeera.net/news/africa/2008/07/2008721183053226705.html

Margaret Thatcher

It pays to know the enemy - not least because at some time you may have the opportunity to turn him into a friend.

Wednesday, July 23, 2008

We don't notice history happening

History happens when people aren't looking. Events take on their importance from what flows from them -- despite the story of the wise men, the first Christmas went largely unnoticed.

Look at the fall of the Bastille in 1789.

The Bastille was King Louis XVI's prison for aristocrats. When the King refused to give the people representative government, 5,000 to 8,000 people looted an armory and marched on the Bastille.

They overwhelmed the prison, found 7 prisoners inside--4 forgers, 2 madmen, and an Irish lord who had been incarcerated 30 years for debts--and freed them. A vulgar mob released 7 inconsequential prisoners -- hardly earth shattering.

The King's diary entry for the day the Bastille fell was, "Nothing." As he learned, it was far from Nothing.

Where have all the tenors gone?

The CBC Radio program Ideas continues to be one of the jewels of Canadian broadcasting. I'll admit that some CBC programing might well be discarded without loss, but this one program is worth the candle.



Tonight's program focused on the unlikely issue 'where have all the tenors' gone? It seems that in times past tenors were common but today tenors are very rare.



The reasons why are not clear -- most likely people have become larger (4 inches in the last 100 years) and have begun puberty much younger (in 1900 puberty was 16 or 17 for boys -- today it is 11 or 12) and these changes have lowered the pitch of male voices. (By the way, the average size of the adult men who stormed the Bastille was the size of average modern Canadian 13 year old girls).



Regardless, the program is a fascinating look at a topic which reflects the changes in the world. As an ambassador to the world, Canada could do much worse that the CBC.

Gas and Diesel Down Again Tonight

GAS PRICE ALERT!!

Gas and diesel prices will be down tonight again sharply across central Canada.

In the GTA gas is down 3 cents to 124.1 and diesel is down 3.4 cents to 131.1. In the Ottawa area, gas is down by 2.3 cents to 120.8 and diesel is down 3.4 cents to 132.4. In the Montreal area gas is down to 134.4, that's a drop of 3.4 cents and diesel is at 145.7, down 3.7 cents.

"Wall Street got drunk": Bush at private event gets it right

When a man's right, he's right.

There's a lot of media laughter at President Bush today suggesting his rather candid comments about the housing market collapse were proof of his incompetence.

Well, leaving the competence issue globally aside, in this case the President is quite right.

Not literally, of course -- alcohol had nothing to do with the housing market collapse -- but figuratively yes. It was the fancy financial instruments that hid the underlying value (or lack of value) that led to the collapse.

When a man's right, he's right.


WASHINGTON (Reuters) - President George W. Bush has an explanation for the housing-market meltdown that has thrown the global economy into turmoil: Wall Street got drunk.

"There's no question about it. Wall Street got drunk," Bush said at a private event in Houston on Friday. "It got drunk and now it's got a hangover. The question is, how long will it sober up and not try to do all these fancy financial instruments?"

Canadians hungry for a federal election this fall, says Liberal leader


It's not exactly election fever, but Canadians appear more ready this year to head to the polls than they did last fall, says Liberal Leader Stephane Dion.

"We have seen over the winter and the spring more and more interest for federal politics," Dion told reporters Wednesday at a hotel in Ottawa's west end. "And more and more appetite for an election."

See entire story here:

http://ca.news.yahoo.com/s/capress/080723/national/dion_elxn

Election Still Required In Civil Non-Suits In Ontario

Non-suits are different (in Ontario) depending on whether the trial is a civil or a criminal matter.

In a civil matter on motion for non-suit the defendant is required to elect whether to call evident. If evidence is called the motion is decided only after the evidence is heard; if no evidence is called the motion is heard but if the motion fails the case is at an end. This means only a very brave, or foolish, counsel would bring a motion because if the motion fails the defendant’s case does not get to the trier of fact.

In a criminal matter there is no election and so a motion for non-suit can be brought without risk.

As a result civil non-suits are rare.

In the recent Di Martino v. Delisio, 2008 CanLII 36157 (ON S.C.) decision a motion for non-suit was brought in a civil case and counsel argued against the election. The Court required the election, saying:

[159] Mr. Bates moved for a non-suit after the plaintiff closed his case. He argued that, contrary to the established practice governing non-suits in civil cases, he should not be put to an election to call evidence. First, he submitted that the defendant’s liability should be governed by the “egregious error” test which had been applied in Ontario prior to the recent decision of the court of Appeal in Folland v. Reardon. He said that since the alleged negligence of Mr. DeLisio occurred prior to the decision of Folland v. Reardon, the court should apply the old test. Second, he contended that this negligence action is a collateral attack on the findings of the Trial Judge at the Original Trial, and that a high standard of review should be applied. I ruled that he was required to elect whether to call evidence. If he elected to do so, that evidence would be considered in ruling on the non-suit.

[160] Mr. Bates elected to call evidence. At the end of the defendant’s case he renewed the motion for a non-suit, but only with respect to some of the allegations of negligence. It was agreed that submissions on the non-suit would be made at the same time as closing argument. I reserved on these submissions.

[161] In the recent decision of the Court of Appeal in Prudential Securities Credit Corp., LLC v. Cobrand Foods Ltd. 2007 ONCA 425 (CanLII), (2007), 85 O.R. (3d) 561, 2007 ONCA 425, Mr. Justice Laskin, giving the judgment of the Court on behalf of himself, Borins and Feldman, JJ.A., questioned the value of non-suits in civil non-jury actions, at paras 12 – 14:

… I want to say a few words about non-suit motions in civil non-jury trials. The term "non-suit" refers to a motion brought by the defendant at the close of the plaintiff's evidence to dismiss the action on the ground that the plaintiff has failed to make out a case for the defendant to answer. Neither the Courts of Justice Act, R.S.O. 1990, c. C.43, nor the Rules of Civil Procedure specifically provides for non-suit motions, but judges continue to have a recognized jurisdiction to entertain these motions.

Still, I question whether in this province a non-suit motion in a civil non-jury trial has much value. In Ontario, when a defendant moves for a non-suit, the defendant must elect whether to call evidence. See Ontario v. Ontario Public Service Employees Union (OPSEU) (reflex-logo) reflex, (1990), 37 O.A.C. 218 at para. 40 (Div. Ct.). If the defendant elects to call evidence, the judge reserves on the motion until the end of the case. If the defendant elects to call no evidence - as Robert Laba elected in this case - then the judge rules on the motion immediately after it has been made.

A non-suit motion adds to the time and expense of a trial. And because of the election requirement, it has little practical value. Perhaps a defendant bringing the motion sees a tactical advantage in being able to argue first. To succeed on the motion, however, the defendant must show that the plaintiff has put forward no case to answer, in most lawsuits an onerous task. Why not simply take on the less onerous task of showing that the plaintiff's claim should fail? It is small wonder that most commentators consider that in civil judge alone trials, non-suit motions gain little and are becoming obsolete. See Phipson on Evidence, 16th ed. (London: Sweet and Maxwell, 2005) at 274, and John Sopinka, Donald B. Houston and Melanie


Inflation Rises

Annual inflation rate sped past expectations to 3.1 percent in June from 2.2 percent in May after the biggest yearly surge in gasoline prices since Hurricane Katrina, Statistics Canada said on Wednesday. This is not good news for Canada especially as the Canadian dollar keeps rising which makes our products more expensive for foreigners.

June marked the first time since September 2005 that inflation rose past the central bank's target range of 1-3 percent. The Canadian dollar rose slightly after the report.

But the Bank of Canada, which last week forecast inflation would peak at 4.3 percent early next year, has signaled it will not try to curb the rampant price growth through interest rate hikes because it expects the underlying price trends to stay in check.

The June results proved it right. Core inflation -- which strips out volatile items like gasoline and food -- was unchanged from May at a tame 1.5 percent.

Excluding only gasoline, consumer prices rose 1.8 percent.

The Canadian dollar moved to C$1.0098 to the U.S. dollar, or 99.03 U.S. cents, from its pre-data level around C$1.0100 to the U.S. dollar, or 99.01 U.S. cents. Bonds were flat across the curve.

The Bank of Canada left rates unchanged at 3 percent last Tuesday, for the second straight time.

Spam spam spam


Spam is getting smarter. But what it delivers is still ridiculous.

Recently my spam has included titles that actually get my attention and convince me to open them.

Hence, an e-mail this morning from the name of a lawyer I deal with and the title, "What are your dates in Sept/Oct for a motion?". I opened the e-mail -- I'd be irresponsible not to open it! But it was spam.

I am baffled as to what type of evil genius could develop a program that would send out such a convincing e-mail automatically.

But then that evil genius e-mail had the following content:

Yes, you can become a Doc and get all the benefits alongside it!

Our Diiploma/Certiificates are recognised worldwide.

No need for exams, or testing, classrooms, tests, even interviewing.

We turn no one down
We guarantee confidentiality.

CALL US 24 HOURS A DAY, 7 DAYS A WEEK

Presumably very few lawyers, as targets of the spam, would fall for the degree mill scam; the spam is a pointless waste. Oh well, human history is full of brilliant work done for fools.

Wildflowers

Almost looks like a painting, doesn't it!

Obama And The Continuing War

There is an interesting editorial in Al Jazeera about how Obama's turn to the centre seems to be a turn to the right.

Certainly his new position on Iraq and Afghanistan is very different from what he was suggesting even a few months ago.
Drawing down troops in Iraq for the purpose of sending them to Afghanistan is not quite the same thing as ending the War on Two Fronts. And, as the New York Review recently pointed out, Obama's current position on Iran is practically the same as that of the Bush administration.

It may be that Obama, trying to avoid being seen as weak, will go to the other extreme.

A part of the editorial reads:

The presumably cultured liberal Obama failed to explain why killing more Afghans rather than killings Iraqis will make Americans safer, or how adopting the Bush-McCain rhetoric on the "war on terror" will win him the presidency.

While I seldom agree with Al Jezeera -- I still think the war in Afghanistan is and was justified and am proud of the Canadian participation -- the editorial makes for a thought provoking read:



Tuesday, July 22, 2008

First Post Earthquake Pandas Born


On July 7, 2008, giant panda female Guo Guo gave birth to twins. Guo Guo is an earthquake survivor that was moved to Bi Feng Xia from Wolong just shortly after the earthquake in China. The birth of her twins was the first post-earthquake birth this year.
They don't look like much, these little pink creatures, but they will G-d willing, grow to be two black and white Giant Pandas.

Guantanamo Judge Blocks Use of Some Statements

There's an interesting story in the Washington Post describing imposed limits placed on use of evidence obtained by "highly coercive" means -- aka torture.



There are a number of reasons why evidence obtained by torture is inadmissible in a respectable Court. Some of these reasons related to human dignity and so may be seen as weak or merely old-fashioned scruples. Perhaps a more cogent reason to exclude such evidence is that it is unreliable.



Under torture a person will say whatever they think the torturer wants to hear. Police have long known statements extracted by physical pressure -- the Third Degree -- are useful for conviction but useless for fact finding.



In this context the ruling that prosecutors in the trial of Osama bin Laden's former driver cannot use as evidence some statements the defendant gave interrogators because they were obtained under "highly coercive" conditions while he was a captive in Afghanistan makes very good sense.

That said, the exclusion may cause a major problem for the Guantanamo prosecutions. The story notes:

Air Force Col. Morris Davis, who resigned last year as the chief prosecutor for military commissions in part because he refused to introduce evidence obtained by coercion, said he thinks the decision could cause prosecutors significant problems. He said it sets a precedent in which many statements elicited from other detainees cannot be used.



The link to the full story is:


http://www.washingtonpost.com/wp-dyn/content/article/2008/07/21/AR2008072100778.html?referrer=emailarticle

Desmond Morton, historian

Canadians, like their historians, have spent too much time remembering conflicts, crises, and failures. They forgot the great, quiet continuity of life in a vast and generous land. A cautious people learns from its past; a sensible people can face its future. Canadians, on the whole, are both.

NB. Desmond Morton is not a relative, although I would be glad it he were!

Issuance of Process Under Provincial Offences Act

Today's Court of Appeal decision in R. v. Alrifai, 2008 ONCA 564 deals with the issuance of process by a Justice of the Peace under the Provincial Offences Act. The issuance of process follows the same basic approach as the laying of a private information under the Criminal Code.

Broadly put the decision says that s. 23 of the POA imposes on a Justice a duty to receive an information from a person with the requisite state of belief that an offence has occurred. The duty to receive and information is not discretionary; of course receiving an information does not mean process will issue.

This general rule may be set aside by specific provisions requiring, for example, a consent before a prosecution is initiated.

The Court held:

[8] Section 23(1) of the Provincial Offences Act, R.S.O. 1990, c. P.33 (POA) describes the authority to lay an information and the correlative duty of a justice of the peace to receive the information laid by an informant:

23. (1) Any person who, on reasonable and probable grounds, believes that one or more persons have committed an offence, may lay an information in the prescribed form and under oath before a justice alleging the offence and the justice shall receive the information.

[9] Section 24(1) of the POA sets out the obligations of the justice who receives an information laid under s. 23. The obligations are these:

24. (1) A justice who receives an information laid under section 23 shall consider the information and, where he or she considers it desirable to do so, hear and consider in the absence of the defendant the allegations of the informant and the evidence of witnesses and,

(a) where he or she considers that a case for doing so is made out,

(i) confirm the summons served under section 22, if any,

(ii) issue a summons in the prescribed form, or

(iii) where the arrest is authorized by statute and where the allegations of the informant or the evidence satisfy the justice on reasonable and probable grounds that it is necessary in the public interest to do so, issue a warrant for the arrest of the defendant; or

(b) where he or she considers that a case for issuing process is not made out,

(i) so endorse the information, and

(ii) where a summons was served under section 22, cancel it and cause the defendant to be so notified.

...

[17] Section 23(1) of the POA entitles anyone who has the required state of belief to lay an information in the prescribed form and under oath before a justice. The section imposes a correlative duty on the justice to receive the information compliant with the section. In other words, s. 23(1) creates a right (for the informant) and a duty (for the justice).

[18] Section 23(1) is a provision of general application, predictably silent about the right of an informant to lay an information and the duty of a justice to receive it where the statute allegedly contravened requires consent to the institution of a prosecution. Further, neither s. 23(1) nor any other provision of the POA to which we have been referred defines or otherwise elucidates the meaning to be assigned to the introductory words "no prosecution shall be instituted", as the limitation appears in s. 39.1(9) of the HTA and elsewhere in the catalogue of provincial statutes.

[19] In R. v. Linamar Holdings Inc., [2007] O.J. No. 4859, this court considered the meaning to be assigned to the provisions of s. 69 of the Occupational Health and Safety Act, R.S.O. 1990, c. 0.1, which provides that no "prosecution … shall be instituted" more than one year after the last act upon which the prosecution is based occurred. Linamar argued, as the appellant does here, that a prosecution is not instituted until an information is laid and a summons or warrant issued.

Gas Price Alert

Gas and diesel prices are down tonight at midnight as follows,

Toronto - gas 127.2 down 1.7 cents and diesel 134.5, down 1.3 cents Ottawa - gas 123.1 down 2.8 cents and diesel 135.8, down 1.2 cents Montreal - gas 137.8 down 1.4 cents and diesel 149.4, down 1.4 cents

It's worth waiting to midnight tonight to fill up.


Remarkable Photograph

This photograph is going around the web with comments suggesting it's a Canada ship in Afghanistan. I am not convinced -- from my view the troops look American -- but regardless it is a remarkable photograph and worth a look.

Saskatchewan Abortion Rates Low

No one is pro-abortion – even the strongest advocates of the 'right to choose' recognize abortion is not an alternative to contraception.

To quote Hilary Clinton abortion should be “safe, legal and rare”.

That’s why the story out of Saskatchewan today is so interesting.

Saskatechewan’s abortion rate is far lower than the Canadian average. It seems this is because of social networks and education – and no matter where you stand on abortion, improving support for preganant women and making it more practical for them to raise their babies makes sense.

"It is lower, (but) I think we can still do better. The opportunity is here," said Dr. Femi Olatunbosun, head of obstetrics and gynecology for the Saskatoon Health Region and the University of Saskatchewan's college of medicine.

Saskatchewan doctors performed a total of 1,824 induced abortions in 2005, according to Statistics Canada. That translates into a rate of 8.8 induced abortions for every 1,000 females, far lower than the Canadian average of 13.7.

Olatunbosun emphasized that access to abortions "is in no way limited" and is not the reason for the lower numbers. Specialists and family physicians in Saskatoon, Regina and several other centres are available to perform induced or "therapeutic" abortions with no wait time, Olatunbosun said.

The work of the sexual health centres in Saskatoon and other cities, as well as school education programs, is helping to improve access to contraception and education. Saskatchewan was one of the earliest provinces to make emergency contraceptives, or the "morning after pill," widely available without a prescription.

Another factor is that teens in Saskatchewan, particularly in the aboriginal community, are choosing not to terminate their pregnancies and carry them to term. This may be due to the stronger social supports in smaller communities. Someone living in Toronto or Vancouver, for example, may not have access to family or friend networks.

Olatunbosun hopes that increased education, postponing sexual activity until later in life and access to contraception will result in even lower abortion rates in the future.

The full story is in the Leader-Post at

http://www.canada.com/reginaleaderpost/news/story.html?id=71f03edd-8366-40c9-9e20-42868695151a

Rosie Schroder -- Art in Newmarket Courthouse


A dreary courthouse is improved by local Canadian art

Living with a criminal record

Good piece in today's Star on living with a criminal record. Curiously it feeds into my ongoing rant that most crime ought to be treated as a public health issue.

In short, once you have a criminal record your chances in life are dramatically cut and you are more likely to fall back into the habits that led to the first conviction.

If, rather than a criminal record, people were subjected (in appropriate cases) to treatment the stigma of crime would not be there and rehabilitated drug addicts, for example, could have a real chance to become productive citizens.

http://www.thestar.com/article/460765

On having a record:

"It's a stain. It's like having a birthmark on your face or a tattoo on your face that says, `I'm a criminal.' I probably marked myself in my own way. I've got sleeves of tattoos. And I think that in a way, that's what we do in (prison). It's like we brand ourselves, because we feel like we don't fit into society any more, so this is our own club, and this is how we brand ourselves. That's the way I felt, that people didn't understand. I didn't understand, either. I wasn't really willing to look at in-depth issues that were driving me. . . ."

"I was a criminal. Addiction, that was my lot in life. Anger, hatred towards the world, anger and hatred towards myself. It wasn't just one thing. I don't think it's ever just one thing. I think that's just simplistic. . . ."

"Really it was the stigma I put on myself. It was almost like I'd be going out for a job but I'd already talked myself out of the job before they could even have a chance to say no, so I would go in there with a (bad) attitude, or basically act like they wouldn't give me the job anyways."

Blogs are everywhere


Blogs are everywhere -- even the head of the Marriott hotel chain has started one:





It's not a bad blog -- a bit focussed on public relations for the chain, but other than that topical and well-written.




Perhaps the least expected blog I found was The Benedict Blog, for the Pope. It is an extremely professional and well set out blog:








Although unofficial it seems to have the blessing of the Church (pun intended) and is "the online archive of resources by and about Cardinal Ratzinger". So, next time you quickly want to look up, say, Dominus Iesus, this is your blog. Kidding aside, it is a good resource.




The of course there's Flocke's Eisbär-Blog








Monday, July 21, 2008

Forest Flowers

Flowers in a forest glen; such a joy to see!

Wilfrid Laurier

Speaking of newcomers to Canada Laurier said:

"Let them look to the past, but let them also look to the future; let them look to the land of their ancestors, but let them look also to the land of their children."

What a splendid summary of how members of a genuinely diverse nation must view themselves.

Karadzic Arrested


One of the most wanted men in the world, Bosnian Serb leader Radovan Karadzic, has been arrested after more than a decade as a fugitive.

Karadzic, a medical doctor and published poet is charged with organizing the worst massacres in Europe since World War II.

Karadzic now 63 years old, was the Serb political leader during the 1992-1995 war that followed Bosnia-Herzegovina's secession from Yugoslavia. He is charged with genocide, crimes against humanity and violations of the law of war.

He was arrested in Belgrade within a few weeks of a new government in Serbia. Some suggest that the arrest came about because political protection that had shielded him was no longer available. The arrest of Karadzic and other indicted war criminals, is one of the main conditions of Serbian progress towards European Union membership; it may be the desire to join the EU was Karadzic's undoing. The arrest came on the eve of a meeting of EU Foreign Ministers scheduled to discuss closer relations with Serbia following the formation of the new pro-western Serbian government.

His arrest leaves former Gen. Ratko Mladic, the Bosnian Serb military commander, as the top-ranking war crimes suspect still at large.

It seems likely Karadzic will be sent to the Hague within a few weeks to stand trial.

Living On The Avails

Last week’s British Columbia Court of Appeal decision in R. v. Nicolaou, 2008 BCCA 300 deals with a narrow but important point – does someone who takes money for value from a prostitute live “on the avails” of prostitution.

The answer is no, because if that were true a prostitute, who engages, it must be recalled, in a legal occupation would be unable to acquire anything.

The Court writes:

[61] I do not agree with the judge’s conclusion in para. 90 that the appellant was guilty of living on the avails of prostitution because he was “running a business [selling drugs] funded in part by the proceeds of the complainant’s prostitution”. If this were the law, any supplier of goods to a prostitute would be living on the avails of prostitution.


Toronto Life

Crime and Punishment -- Beastly Murder of Pregnant Woman

Crime is down across the country.

No one really knows why. There is a lot of speculation -- perhaps it relates to the aging population (most crime is youth based so that's plausible) or maybe it's the success of government initiatives (perhaps, but crime is down in other places with different approaches) or maybe it's the current cycle of sun spots (doubtful but whatever).

Regardless of why, the fall in crime is an undeniable good. Crime generally hurts everyone (usually the criminal too) and less crime makes a happier society.

But what do we do about the crime that remains? How can we cut that back too?

My sense is that the first step is to recognize 'crime' is not a unity. Gang related crime is financial and social -- remove the financial rewards and offer alternative places for young men to demonstrate their manliness (this sounds ridiculous but machismo has a lot to do with street gangs) and gang crime will fade. Petty thefts are often drug related so eliminate the addictions and these crimes will disappear. Much remaining crime is, candidly, an outgrowth of mental instability.

I write this piece from the subway -- I am on my way to meet a Crown to try to resolve dozens of charges against a young person who is clean cut, polite, smart and yet obsessed with a persecution complex. The crimes do not stem from greed and they are not deterred by punishment -- a doctor and not a warden is needed.

That doesn't mean the young person should be left alone to continue the rampages. It does mean that the person should be separated (for a time) from society for treatment (perhaps involuntary) and not for punishment because punishment is useless. The young person is not deterred by a fear of jail.

The tragic story out of Pittsburgh this weekend is a dramatic example of some one who is (to use the old and politically incorrect phrase) "mad not bad".

Andrea Curry-Demus, is charged in the death of Kia Johnson a young woman who was pregnant. Curry-Demus is accused of killing Johnson, cutting her baby out of her and taking the boy to a Pittsburgh hospital and claiming it was her own.

Johnson's body was found Friday in Curry-Demus's apartment.

Curry-Demus showed up at the hospital Thursday with a newborn that still had the umbilical cord attached, police said. Tests later proved that she was not the mother.

Can there be any doubt that Curry-Demus, if she is responsible for this beastly crime, is insane (at least in some way)? Is this a crime that mandatory sentencing would have any impact on?

While an extreme example it is common enough for crime to be motivated by madness. Curry-Demus (if guilty, and that's not proven yet but the facts look pretty clear) needs to be separated from society, likely forever, but not in a prison but a hospital.

And that leads me to my final point, a point most contentious. Judges need the authority to send convicts to mandatory mental treatment if that is what is needed to heal the convict. Sending the deluded to jail (with the very limited treatment options offered) does nothing to protect society. Punishing the insane does nothing; if our goal is to protect society we need more tools than we have now.


Sunday, July 20, 2008

Is Parliament Worth Fixing? You Bet!


My guess is most readers assumed this was going to be a piece about how we have to fix the way Parliament works and bring more civility into the House. Well, no. This is literally about fixing Parliament, or rather the buildings it uses in Ottawa.

News reports today (note, today is Sunday and perhaps the fact this story came out on a Sunday suggests there is some political reason to have it overlooked by most Canadians?) suggest that the total cost to bring Parliament Hill back into fully useable and structurally safe condition may costs $1.5 billion and continue until 2020.

Anyone who has visited Ottawa recently knows the buildings look awful -- and the interior rooms suffer from crumbling walls and excessive moisture.
The buildings on Parliament Hill are in a bad way. It seems they were built without sufficient care about weight ditribution and the rigors of an Ottawa winter -- with ice forming in cracks and tearing the masonary apart -- were overlooked. Without restoration the buildings would collapse.

High wire fencing has been erected at a north corner of the Centre Block to prevent Hill pedestrians and visitors from coming too close to crumbling mortar and the danger of falling bits of stone from the walls and towers. The southeast corner of the West Block has been shrouded in white all-weather construction sheeting for more than a year. And, for the second summer in a row, brown see-through webbing is wrapped around other towers, looking like giant nylon socks over stone. The webbing is also a protection against crumbling mortar and stone.

Though they look like gigantic elastic bands, the steel cables strung around most of the towers, holding large planks onto the cornerstones, are crucial. These cables are actually keeping the buildings from splitting apart!!!

Canada is a wealthy nation -- yes we have issues but compared to most places we are doing very well indeed.

Parliament Hill is Canada's national home. We can afford to do better and it's time to spend the money to speed up the repairs. This is something all Parties ought to be able to agree on.

Rainy Day Flowers


Canadian summer is short but very intense -- even rainy days are to be treasured... .

Dan Gardner

Simply put, history is an optical illusion: The past always appears more certain than it was, and that makes the future feel more uncertain -- and therefore frightening -- than ever.

Why Harper Won; How He Can Lose

"Just after the last election I wrote a piece I didn't publish about why the Conservatives won and how they could lose. Rereading it I think it still applies. jcm"

AN UNCERTAIN TRUMPET - - WHY THE LIBERALS LOST

AND HOW THEY CAN WIN AGAIN

At the end of 2005 Canada was an economic leader among the world’s richest nations. In March 2005 the International Monetary Fund praised Canada for the fastest growth rate and strongest budget position among the United States, Germany, Japan, France, Britain, Italy and Canada. While assisting allies in suppressing terrorism, Canada avoided joining the war in Iraq. Issues of redress to aboriginal peoples and those discriminated in the past were being resolved by negotiation and, apart from the sponsorship scandal in Quebec there was little to trouble the Canadian public. In short, Canada was successful both at home and abroad.

So how is it that the incumbent party, running for re-election in a time of good government and prosperity, lost? And lost, not to a party historically rooted in Canadian ideals, but rather to a party radically opposed to the (highly successful) status quo.

Stephen Harper, now Canada’s Prime Minister, is no Joe Clark. Mr. Harper spent his early political years on the far right wing of Canadian politics. He called for Canada to join the war in Iraq and described Canada as a Northern European welfare state “in the worst sense of the word”. Other Conservative MP’s have similarly extreme views. Harold Albrecht, MP for Kitchener-Conestoga claimed same sex-marriage could wipe out society in just one generation. Cheryl Gallant, MP for Renfrew-Nipissing-Pembroke said the beheading of hostages in Iraq was “absolutely no different” from abortion. Ms. Gallant wrote to constituents telling them Christian phobia was taking over Canada and warning of coming persecution of Christians in Canada (this in a country where Christians make up 84% of the population and are an overwhelming majority of MP’s, MPP’s, judges, civil servants and police). The point here is not to ridicule the Conservatives for their views but rather to point out how extreme, odd and radical those views are. For such a political party to win in a nation not beset by extraordinary problems raises the question of what did the incumbent do wrong? How could the Liberals lose to people like Cheryl Gallant?

The Liberals lost because people did not know what, if anything, the Liberals stand for. The problem is not that people know the Liberal message and reject it (that may be the NDP’s problem) - - rather people have no idea what Liberals stand for and so think the Liberals are too weak to govern.

In the 2006 election the Conservatives focussed on a very limited, and very clear, message - - change, trust, values. Everything they said was related to, and spoke of, that message. The Liberals, by contrast, talked of specific issues - - the underlying message had to be inferred from the Liberal position, on say, child care. Voters did not, or could not, infer a message that way. The caricature of the Prime Minister as Mr. Dithers was unfair. But this caricature stuck because, absent a unifying message, Liberals appear to be dealing with everything ad hoc.

And because the Conservatives had a theme, they sounded consistent. Worse, having a theme when the Liberals had not, the Conservatives set the parameters of public debate - - values related to government contracting, gay marriage and punishment of criminals. Values, in the last election did not deal with poverty, social justice or to not giving tax breaks to already wealthy Canadians.

During the election I heard a leading Liberal explain to party workers that it was hard for Liberals to get a message out because the Liberal party position is usually “yet, but”. Issues are so complex that Liberals cannot take a simple position - - what a misconception! The implementation of simple concepts can be hard - - murder is wrong but books are written on the laws of homicide - - but simple concepts are simple. The Liberal message must be clear, simple and understood.

Voters must know the Liberal party stands for something and what that something is. “If the trumpet gives an uncertain sound, who shall prepare himself to the battle” (1 Corinthians 14: 7-9). If the Liberal party is to defeat the Conservatives in the next election, it must offer a clear choice. To win the Liberals must:

define their message

attack their opponents

defend and support their leader

inspire their voters

These seem to be obvious points but they were overlooked in the recent past.

What is the Liberal choice and how does it differ from Conservatives? Winston Churchill set out the core of Liberal priorities when he served as Minister of Social Welfare in the Liberal Asquith government in 1911. “To raise people up from poverty. To reconcile private interests with public rights. To attack monopoly. To reward enterprise, but not with untrammelled privilege and preference. To exalt the individual over ruler or regulation. To expand freedom at home and abroad. This is our liberalism. This is the signature of our society.” As a summary of Liberal values this is as good a statement as any. The Conservatives and Liberals hold very different views of the country. Liberals support shared responsibility, shared opportunity and a fair chance for everyone to choose how they want to live. Conservatives favour concentrated wealth and power, leaving people to fend for themselves, economically, but socially Conservatives favour more control over the choices people are allowed to make. Liberals have a message - - freedom from want, freedom to choose, freedom to be what you want to be. This is just one way to frame the Liberal message, but it is a simple, clear and concise message that explains the Liberal policy on everything from gay rights to child care to taxation of capital gains. And it illustrates just what Liberal values are and lets Canadians see Liberals are consistent and fit to lead.

The Conservatives focus on values was very successful in the last election but it was focussed on a remarkably narrow set of issues - - gay rights, a small scale (and despite the noise, it really was small scale) corruption scandal in Quebec, gun ownership and, to a lesser degree, sexual morality. Because values and trust were framed by the Conservatives, Liberals looked weak. Yet, in truth, for example, gay marriages was not a real issue - - it is clear the Courts will mandate it under the Constitution. Gun control was also more apparent than real - - Liberals were not taking guns from hunters and Conservatives were not allowing widespread ownership of handguns. Swingers’ Clubs, while salacious copy for the tabloid press, is hardly an issue of national importance. Abortion, while a simmering issue, was never openly addressed by the Conservatives and the corruption scandal, ultimately, is being dealt with by the police and the Courts. The “values” issues raised by the Conservatives were mainly smoke and mirrors.

But Liberals do have real values that affect Canada as a whole; and here the debate favours the Liberal party. By example, poverty is a values issues; health care is a values issue; taxation of capital gains is a values issue; treatment of First Nations is a values issue. On all these issues the Liberal position is far more popular, far more Canadian, then the Conservative position. If put clearly to Canadians, Liberals will win on values. It is worth nothing that Americans, who elected George Bush, when asked to choose the most urgent moral crisis facing the US said “greed ad materialism” (33%) and “poverty and economic justice” (31%) twice as much as gay marriage and abortion (Zogby Internation 11/12/04 Press Release). Liberals must broaden the values debate.

Conservatives will try to keep values as their own preserve by references to God. In his victory speech Stephen Harper said “God Bless Canada”, clearly acknowledging support from the religious right and claiming, implicitly, the moral high ground. As the Cabinet appointments have show, however, claiming the moral high ground while actually governing is no easy task.

Liberals do not need to hide their faith. Most Canadians have strong religious beliefs and Liberals gain nothing by pretending that faith does not inform their views. This does not mean turning the Liberal party into a religious organization. But, it is possible to express personal faith and convictions about public policy while respecting the pluralism of Canadian democracy.

So, for example, in dealing with minimum sentencing and progressive taxation, Liberals can show their faith (if it be so), illustrative Liberal values and shows that the Conservatives cannot suggest that God is a member of their party by citing Luke 12:48:

But he that knew not, and did commit things worthy of stripes, shall be beaten with few stripes. For unto whomsoever much is given, of him shall be much required: and to whom men have committed much, of him they will ask the more.

On “Conservative” issues, Liberals can and should speak. Liberals should say the rights of hunters be respected. Liberals who hunt should let the public know - - banning handguns does not suggest shotguns will be taken away from people in the Ottawa Valley. On abortion Liberals should recognize the moral ambiguity and say abortion should be safe, legal and rare. Policies to make it possible for children to be raised by their mothers combat abortion and promote a real freedom of choice. The Liberal commitment to political inclusion, expansion of economic opportunity and fair compensation for work done all speak to “values”.

Liberals must not be shy. Liberals cannot hide their light under a bushel. Liberals can win the next election. But not unless Canadians know what Liberals stand for. An uncertain trumpet will not rally Liberal forces - - Liberals should let forth a powerful blast that will take down the walls set up by the Conservatives.