1931
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
1931
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Yet Sillitoe developed an interest in serious music, literature and painting. He became a successful novelist.
But Sillitoe did not think the situation odd saying "in this country [UK], we have a public library system, free entry to art galleries, and a radio station that broadcasts classical music and drama all day long".
It's easy to forget but there is plenty of access to the arts and that's true in Canada almost as much (we charge for most art galleries) as the UK.
But thankfully, this week Hamdan was convicted of "providing material support for terrorism."
He's now facing a five-and-a-half year prison term, and so he should, the callous brute. Already acquitted of the more serious charge of conspiracy, had Hamdan also been let off on the charge of vehicular manipulation, he still wouldn't have been set free. He's the enemy , after all.
That is heartening.
Moreover, should he mount a successful appeal of the sentence, he will not be set free.
Now that is justice. This dude was and is going to the big house no matter what.
This two-week war crimes trial is the first the U.S. has participated in since the Nuremberg trials after the Second World War.
It thankfully corrects an oversight of those trials during which Erich Kempka, Hitler's driver, was not prosecuted as a war criminal.
http://ca.news.yahoo.com/s/09082008/53/saving-chauffeur-time.html
Chinese Olympic officials have said only flags from the 205 competing nations can be displayed during the Games.
Parti Québécois chief Pauline Marois, however, said Quebec athletes should be able to represent themselves as a nation, in accord with a parliamentary motion recognizing Quebec as a distinct nation.
http://ca.news.yahoo.com/s/cbc/080808/canada/montreal_quebec_olympics
COLIN PERKEL
The Canadian Press
Fri, 8 Aug 2008
19:54 EDT BRAMPTON, Ont. —
The fate of the first person tried in an alleged homegrown terrorist conspiracy to "cripple Canada" that captured headlines around the world two years ago rested with an Ontario judge Friday as his trial ended with the defence pressing for his acquittal.
Superior Court Justice John Sproat was left to decide between defence suggestions the plot was a "jihadi fantasy" the accused knew nothing about, and Crown assertions he was a knowledgeable and willing participant in a potentially deadly conspiracy.
In wrapping up two days of defence closing arguments, lawyer Mitchell Chernovsky argued a statement the accused gave police just hours after his arrest in June of 2006 was a "dramatic piece of evidence" that proves his client was unaware of any terrorist plot.
For example, the lawyer told Judge Sproat, the accused was genuinely stunned to hear police had seized bomb-making chemicals during the arrests of his alleged co-conspirators."Hold on. Hold on. Before you go on," the accused interrupts RCMP Sgt. John Tost during the videotaped interrogation. "Bomb-making? We? We?"
"That was not staged," Mr. Chernovsky said. "No one could stage that. That was absolutely sincere."
http://m.avantgo.com/ui?ag_url=52616e646f6d4956a67a98ef203f90346d225e2e2180ad27fd77236cb9f7ca586b262707c1801504fa0cca32c922883d3f7cb0b4de19bcdff0f69a52670ef416ce29fa75642fd45a803733d09a57cfac&ag_channel=4179&showNav=0&ms=globeandmail
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
MEGVREKISI, Georgia (Reuters) - Russian armored vehicles have entered the northern edges of the capital of the breakaway Georgian region of South Ossetia, the separatists' press service reported on its website on Friday.
http://ca.news.yahoo.com/s/reuters/080808/n_world_reuters/international_georgia_ossetia_dc
JERUSALEM - An Israeli couple going on a European vacation remembered to take their duty-free purchases and their 18 suitcases, but forgot their three-year-old daughter at the airport, police said Monday.
The couple and their five children were late for a charter flight to Paris Sunday and made a mad dash to the gate. In the confusion, their daughter got lost.
http://ca.news.yahoo.com/s/capress/080804/koddities/oddity_home_alone
Seeing as how almost all documents are now produced electronically and how spell-checkers are ubiquitous it seems odd for spelling errors to be coming up now as opposed to, say, twenty years ago.
That said, remember our current spelling conventions are merely the result of 19th Century style guides and dictionaries. Read Blackstone, for example, in an 18th Century edition and you will see "it's" used to denote a possessive. And Blackstone was hardly uneducated.
However, reading speed is kept up by following convention -- who would read 'ghoti' as 'fish'? In today's world of texting and signs on high speed roads keeping reading as simple as possible is important.
So my vote -- let's keep speeling words write!
I heard this poem last night in a movie (The History Boys). One point made about it was that, in these South African campaigns, common soldiers were seen for the first time as individuals worthy of recognition. Until then, throughout military history, every common soldier had been the Unknown Soldier. Hodges may have been buried “uncoffined” in a mass grave but he had a name. Previously, private companies simply swept up the bones from battlegrounds and made them into fertilizer.
I assume this poem refers to the Zulu Wars. Surely there were no drummers in the Boer War.
They throw in Drummer Hodge, to rest
Uncoffined – just as found:
His landmark is a kopje-crest
That breaks the veldt around;
And foreign constellations west
Each night above his mound.
Young Hodge the Drummer never knew –
Fresh from his
The meaning of the broad
The Bush, the dusty loam,
And why uprose to nightly view
Strange stars amid the gloam.
Yet portion of that unknown plain
Will Hodge forever be;
His homely Northern breast and brain
Grow to some Southern tree,
And strange-eyed constellation reign
His stars eternally.
In Toronto, many couples have chosen Friday as the most auspicious day to get married.
Full Story Here:
http://ca.news.yahoo.com/s/cbc/080806/canada/toronto_chinese8

What if only some of the relief claimed falls within the scope of service ex juris as of right? Can service ex juris still be effected as of right?
Today's Court of Appeal decision in Precious Metal Capital. Corp. v. Smith, 2008 ONCA 577 suggests 'yes'.
The Court holds:
V. THE SERVICE EX JURIS ISSUE
[35] Rule 17.02(h) permits service ex juris
In respect of damage sustained in Ontario arising from a tort, breach of contract, breach of fiduciary duty or breach of confidence wherever committed.
[36] The plaintiff seeks damages by way of an alternative remedy. The damage claimed is not as thoroughly articulated in the statement of claim as are the plaintiff's other claims. The damage claim is, however, essentially a claim for the money equivalent of the potential profits lost to the plaintiff when, according to its allegation, the defendants misappropriated the various mining opportunities in Peru.
[37] The plaintiff, as indicated above, is an Ontario corporation with a registered office in Ontario, carrying on business in Ontario. It is a reasonable inference that its financial records and infrastructure are maintained in Ontario.
[38] The motion judge held that damages flowing from the alleged breaches constituted damages sustained in Ontario, thereby bringing the claim within rule 17.02(h). I agree with that conclusion. As held by Osler J. in Skyroters Ltd. v. Carriere Technical Industries Ltd. (1979), 26 O.R. (2d) 207 at 209–210 (H.C.J.):
In my view, the corporations here bringing action to the extent that they have suffered a loss of profits and a loss of use of the machine, were disadvantaged and were so disadvantaged at the place where their financial records were kept and where they did business, namely at their head office in Ontario. The damage sustained was so sustained, in my view, within Ontario…
[39] I think the damage claim brings the action within rule 17.02(h)
BAGHDAD - Two Iraqi officials say the U.S. and Iraq are close to a deal under which all American combat troops would leave by October 2010 with remaining U.S. forces gone about three years later.
A U.S. official in Washington acknowledges progress has been made on the timelines for a U.S. departure but offered no firm date. Another U.S. official strongly suggested the 2010 date may be too ambitious.
Full story here:Module body
PORTAGE LA PRAIRIE, Man. - An animal rights group has tried - and failed - to run a newspaper ad comparing the beheading of a passenger on a Greyhound bus last week to the treatment of animals by the meat industry.
Story here:
http://ca.news.yahoo.com/s/capress/080807/national/bus_beheading_peta
TORONTO - The man arrested in the abduction and sexual assault of a 12-year-old Peterborough girl Wednesday is a convicted stalker who reportedly admitted being a suspect in the 1999 disappearance of a murdered Toronto teenager.
Stanley Tippett, 32, was charged after a girl was abducted in a van as she left a Peterborough birthday party at about 1:30 a.m. She was sexually assaulted, and taken to Courtice High School, said Sergeant Walter DiClemente of Peterborough-Lakefield Police Service.
http://www.canada.com/topics/news/story.html?id=2ea1f7a7-e716-448a-9139-0a5d90f038a5
Yesterday’s Court of Appeal decision in H.L. Staebler Company Limited v. Allan, 2008 ONCA 576 contains a useful discussion of when restrictive covenants are enforceable:
[33] There is no dispute about the legal principles that apply when determining whether a restrictive covenant in an employment contract is enforceable, as those principles have long been settled. Several decades ago in Elsley, the seminal Canadian case on this matter, Dickson J. described the principles as “well-established”. He stated the test in plain terms: such a covenant is enforceable “only if it is reasonable between the parties and with reference to the public interest”.
[34] This test reflects the competing principles that must be balanced when a court is called on to decide the validity of such a covenant. On the one hand, there is the “important public interest in discouraging restraints on trade, and maintaining free and open competition unencumbered by the fetters of restrictive covenants”. Open competition benefits both society and the affected employees. Society benefits from having greater choice and employees benefit as they have greater employment opportunities. On the other hand, however, “the courts have been disinclined to restrict the right to contract, particularly when that right has been exercised by knowledgeable persons of equal bargaining power”.
[35] While an overly broad restraint on an individual’s freedom to compete will generally be unenforceable, the courts must recognize and afford “reasonable protection to trade secrets, confidential information, and trade connections of the employer.” In the present case, there is no suggestion that trade secrets or confidential information is involved. It is Staebler’s “trade connections” that warrant protection.
[36] Reasonableness is the mechanism by which a court decides whether a covenant is “overly broad” or is only that which is reasonably required for the employer’s protection. But how is a court to determine whether any given restrictive covenant is “reasonable”? Elsley offers a framework for making such a determination. The starting point is “an overall assessment of the clause, the agreement within which it is found, and all of the surrounding circumstances”. Thereafter, three factors must be considered. First, did the employer have a proprietary interest entitled to protection? Second, are the temporal or spatial features of the covenant too broad? And, third, is the covenant unenforceable as being against competition generally, and not limited to proscribing solicitation of clients of the former employer?
[37] Before turning to an assessment of the Restrictive Covenant and a consideration of the three factors, two additional principles that operate in this area warrant mention.
[38] The first such principle relates to the nature of the restrictive covenant. A restrictive covenant may restrain either competition or solicitation. A non-competition clause restrains the departing employee from conducting business with former clients and customers whereas a non-solicitation clause merely prohibits the departing employee from soliciting their business.
[39] In
The non-competition clause is a more drastic weapon in an employer’s arsenal. Its focus is much broader than an attempt to protect the employer’s client or customer base; it extends to an attempt to keep the former employee out of the business. Usually, non-competition clauses are limited in terms of space and time.
[40] Elsley makes it clear that a non-solicitation clause is normally sufficient to protect an employer’s proprietary interest and that a non-competition clause is warranted only in exceptional circumstances. At pages 925 and 926 of Elsley, Dickson J. wrote:
The next and crucial question is whether the covenant is unenforceable as being against competition generally, and not limited to proscribing solicitation of clients of the former employer. In a conventional employer/employee situation the clause might well be held invalid for that reason.
…
Nevertheless, in exceptional cases, of which I think this is one, the nature of the employment may justify a covenant prohibiting an employee not only from soliciting customers, but also from establishing his own business or working for others so as to be likely to appropriate the employer’s trade connection through his acquaintance with the employer’s customers. This may indeed be the only effective covenant to protect the proprietary interest of the employer. A simple non-solicitation clause would not suffice. [Emphasis added.]
[41] Similarly, at para. 33 of
[42] In short, a general principle flowing from Elsley and reiterated in
[43] The other legal principle that warrants mention is this: the fact that a clause might have been enforceable had it been drafted in narrower terms will not save it. The question is not whether a valid agreement might have been made but whether the agreement that was made is valid.
William M. lives in
In 1991, William moved west and began offending in the Lower B.C. Mainland, most often in
William is not alone. In cities across
A trial program in the Australian state of
Money is not an issue. By contrast with the $20,000 cost per criminal per month of the current system — and that doesn’t include the costs to victims — the cost of keeping a prisoner in a provincial institution is about $4,250 per month, with reintegration into the community adding no more than another $1,500. On that financial basis alone, a program integrating the criminal justice system and the mental health system makes sense. Working together, the two systems can at least begin to address the problem, but either system by itself is doomed to failure.
Because chronic offenders tend to commit minor crimes, drawing fairly short sentences, their lives shift rapidly between jail and the neighbourhoods where they find their drugs — in
Petty as their crimes may be, collectively William and his fellow chronic offenders cause enormous hardship. Their victims number in the thousands. Those victims are left not only with a monetary loss, but also with a lingering fear that affects their sense of personal safety and their trust in the justice system.
We clearly need protection from chronic offenders, and we are clearly not getting it. But blaming the criminal justice system, as many do, misses the real problem — our failure as a society to deal with severe drug and alcohol addiction.
Punishment alone doesn’t work for a simple reason. The idea of punishing criminals for their crimes is premised at least partly on the concept of specific deterrence. Applied most strongly to property crimes, specific deterrence assumes that the criminal is a rational actor who will consider: Is it worth it? In fact, specific deterrence often works; many offenders actually do swear off crime after fairly short jail sentences.
The problem is that specific deterrence presumes a rational actor, which is exactly what we do not have with offenders like those of the Downtown Eastside, who are drug addicted and often mentally ill. They do not pause to consider the possible punishment for the crime they are about to commit. As a result, punishment acts as little or no deterrent to them.
We could use longer sentences to “warehouse” those too dangerous to allow on the streets, but that would be using a very high-cost mechanism to deal with what is really a public health issue. The criminal justice system is not designed to treat addicts; while prisons provide some treatment, it is almost always short-term and under-funded. By the same token, voluntary drug treatment, as available from the public health system, seldom works either, because kicking an addiction is extremely unpleasant and demands willpower and money, both seldom found in criminal street addicts.
The first step is to recognize that the issue is one of both public health and criminal law. The next step is to include compulsory drug treatment, as that trial program in
In principle, it seems unfair and arguably unjust for a court to impose mandatory drug withdrawal and psychiatric treatment. Most people do not want to be treated against their will, even for a serious illness. Canadians feel strongly about the right to choose what to do with their own bodies, and that is usually appropriate. But our moral intuitions can fail us when it comes to the few hard cases, which include chronic offenders.
We have to move on from the “war on crime” to an approach that will protect society while rehabilitating those who can be rehabilitated. This means making some tough choices. But these choices can be avoided no longer.
Randy Boswell , National Post Published: Wednesday, August 06, 2008
Slim Allagui/AFP/Getty Images
There will be no flag waving or patriotic chest thumping, but Canadian scientists are set to make one of this country's most important assertions of Arctic sovereignty in decades Friday at a geology conference in Norway.
A year after Russian scientists planted their nation's flag on the North Pole seabed -- a controversial demonstration of their country's interest in securing control over a vast undersea mountain chain stretching across the Arctic Ocean from Siberia to Ellesmere Island and Greenland -- Canadian researchers have teamed with Danish scientists to offer proof that the Lomonosov Ridge is, in fact, a natural extension of the North American continent.
Full story here:
http://www.nationalpost.com/news/canada/story.html?id=705136
HALIFAX - Canada has sent a Halifax-based frigate to waters off the horn of Africa to prevent pirates from attacking food shipments bound for Somalia.
Story here:
http://ca.news.yahoo.com/s/capress/080806/national/cda_frigate_africa

In fairness I had warned my client from the get-go that he should likely abandon his claim.
Why? Was my client wrong in law? Hardly -- he was totally right. He had been defrauded (well, likely yes but in any event certainly ripped off) of a sizable amount of money but the bad guy was a total scamp and had spent the money. And the bad guy was prepared to go to court, himself, and plead poverty until finally, last week, he went bankrupt.
And there was nothing to collect.
In fairness this is hardly something very new or limited to this government (i'd like to say it was but that just ain't so!). Indeed, it's a common enough lawyer's trick to bury a very damaging document in a host of other, not very important, documents -- not a nice trick perhaps but hardly new. One interesting point, though, is that the National Post slammed the Feds for this in a front page editorial -- perhaps the trick, though old, surprised them?
By Daina Lawrence, The Canadian Press
The Tories took office promising clean, open governance and vowing not to practice the same old politics as previous governments. But they've stuck to one tried and true tactic - releasing negative news when it will get the least media attention.
Full story here:http://ca.news.yahoo.com/s/capress/080805/national/tories_bad_timing
Good story in the Post today. The conditions in Toronto's Don Jail are appalling. And this failing has been well known for 40 years!Remember the people in the Don Jail on remand are not convicted; they are presumed innocent and some of them, in fact, are.
Such people, seeing as they are presumed innocent, ought to be held in conditions appropriate to ordinary Canadians unable to go home for some other, non justice related, reason. The conditions ought to approximate, say, those in a hospital (absent the medical support) -- luxury no, but decent accommodation.
Regardless, even if everyone held was guilty in fact there is no reason for them to be held in humiliating conditions such as exist at the Don. As William Buckley noted "sometimes it is necessary to execute a man but it is never necessary to insult him"; regardless of the death penalty comment Buckley has a good point on humiliating people.
Treating prisoners as beasts does nothing for society and merely makes people who have criminal tendencies worse.
Debate rages about the fairness of Canada's sentencing provisions
Shannon Kari, National Post
Published: Tuesday, August 05, 2008
Peter Redman/National Post
The court testimony was graphic last month as Thomas Bogiatzis described the conditions he faced in Toronto's Don Jail while awaiting trial on charges of selling one kilogram of cocaine to a former biker turned police agent.
"It is like living in some Third-World country," testified Bogiatzis, 42, who weighs nearly 400 pounds and suffers from diabetes. "There is a stink throughout the whole jail."
It is common at the infamous facility for three men to be housed in a two-by-three-metre cell originally built for one inmate.
One man must sleep on a mattress next to the open toilet, which cannot be flushed at night.
The jail is frequently locked down because of staffing shortages. Yard time is restricted to a handful of days a month, admitted a jail official who testified.
Bogiatzis, who was convicted of trafficking cocaine, was testifying in an attempt to receive enhanced credit for his 15 months in pretrial custody when he is sentenced this Friday.
The allegations about the Don Jail are nothing new. It was first singled out for criticism for its "primitive" living conditions in a 1968 Royal Commission report.
The long-standing problems have also had an impact on sentencing for many years --not only in Toronto but, arguably, across the country.
The standard credit for pretrial custody at the time of sentencing in Canada is two for one -- six months in jail ends up being 12 months toward the sentence. Overcrowding at the Don Jail and other facilities led some judges in the Toronto area to grant three-for-one or even a four-for-one credit.
While the two-for-one standard evolved in the 1970s as a result of changes to the Criminal Code, in recent years critics have called for a review of the practice. They also argue that the conditions in Toronto jails have effectively set a standard that has been incorrectly applied in other parts of the country.
http://ca.news.yahoo.com/s/capress/080804/entertainment/morgan_freeman
Joseph Ben-Ami of the Canadian Centre for Policy Studies has just come out with a concise, lucid paper entitled Why Canada Needs An abortion Policy. None of what Mr. Ben-Ami writes will be entirely new to anyone who's followed this issue closely in recent years. But he does a nice job of bringing together the arguments for an abortion law into a short essay of a few thousand words.
See here:
A Cape Cod man who claimed he was homophobic, racist and a habitual liar
to avoid jury duty earned an angry rebuke from a judge on Monday, who
referred the case to prosecutors for possible charges.
http://www.msnbc.msn.com/id/11909495/from/ET/
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
When questioned as to his plans he said 'I'm a dead man'. Perhaps that's just the natural reaction of someone facing a potentially significant jail term or perhaps it means something else.
There is little doubt that the bike theft rings recently uncovered are far more organized than a few kids stealing bikes from school. Thousands of bike and millions of dollars are involved. Perhaps Mr. Kenk has more serious concerns than jail?
