Saturday, September 27, 2008

Anger mounts at funeral for man who died in waiting room

Answers sought after man dies in Winnipeg hospital waiting room

Brian Lloyd Sinclair was the centre of attention, dressed in a suit and tie for the first time anyone could remember, and the distressing irony did not escape those paying respects at his funeral at a downtown chapel in Winnipeg on Friday that it took his ignoble death in a hospital waiting room to get him there.

As politicians jostled to express outrage that a dangerously ill disabled man could die while waiting 34 hours for treatment in the emergency room of a Winnipeg hospital, indigent friends of Mr. Sinclair scrounged dress shirts, matching shoes and showers at missions and social agencies so they could appropriately and respectfully say goodbye.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Was Milgaard's Mother "Counter-Productive"?

A real problem is that people the system dismisses as being "nuts" sometimes have a real complaint and that complaint is ignored because of the way it is delivered. It is easy to see why the mother of someone wrongfully convicted would be assertive; it is also easy to see how she would be dismissed as "just another crazy".

Judge calls Milgaard mother's campaign 'counter-productive' to freeing her son

SASKATOON — The judge who spent years sifting through evidence in David Milgaard's wrongful murder conviction has found no professional misconduct by police or prosecutors.
Justice Edward MacCallum also says an aggressive, decades-long campaign by Milgaard's mother, Joyce, that suggested wrongdoing by investigators was "counter-productive" to freeing her son.

It was Joyce Milgaard's practice to "attack indiscriminately anyone who had a part in her son's conviction," MacCallum wrote in his 800-page report released Friday.

"There was no evidence of a frame or coverup, but the allegations attracted national and international media attention."

Full story here:

http://canadianpress.google.com/article/ALeqM5gqSZ_S4aXe8ByOfher8tjW6CJ4jQ

Paul Newman Dead at 83

Paul Newman, the Academy-Award winning superstar who personified cool as an activist, race car driver, popcorn impresario and the anti-hero of such films as Hud, Cool Hand Luke and The Color of Money, has died. He was 83.

Newman died Friday after a long battle with cancer at his farmhouse near Westport, publicist Jeff Sanderson said. He was surrounded by his family and close friends.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

A sucker born every day

E-mail scams are old hat now. Everyone knows about them.



But here's one I got this morning -- and it relies on people knowing about scams to help the scam!



"Recent email scams have attempted to consume customers into disclosing their Online Banking security log-in details.



We publish details about such scams on our security pages. However, we would like to get security warnings across to customers as many as possible. That's why we're asking you to take a few minutes to check and update your account details. This will allow us to update you occasional security and Online Banking service information."



It's the old scam from the 1930's where a crook tries, ineptly, to scam someone and then a Mountie/FBI whatever 'undercover' agent says to the someone "we need your help to catch the crook -- give me you money and we'll get the bad guy" ... . It caught folks in the 30's and I guess it's still working.



The oldies are still king!

U S Debate

I thought it was a bit of a snore. Looking through the media I don't see anyone declared a firm winner -- let's see how our folks do this week in the Canadian debate.



Obama and McCain trade barbs in shadow of collapse

JOHN IBBITSON From Saturday's Globe and Mail



Barack Obama and John McCain tiptoed around each other on the issue of the Wall Street bailout, while having at it over Iraq, in last night's pivotal first televised debate in the presidential election.



In the shadow of an unprecedented financial crisis, the Democratic and Republican candidates confronted the causes and proposed solutions to the threatened collapse of the financial services sector.



Full story here:



http://m.avantgo.com/ui?ag_url=52616e646f6d49563fc5a74d1ec2ab66af6cd7714685105ad871dd5df958c3298b65ef1f155068586b4e603b1f9e676c895c7734ea2e402549551ff7b2c178b469a0143958dfd1f30df6a61c0cbbaf7d&ag_channel=4179&showNav=0&ms=globeandmail

Bearish reflections


Friday, September 26, 2008

Martin Friedman

Never try to walk across a river just because it has an average depth of four feet.

Habeas corpus where detention lawful

Applications for habeas corpus are rare in Canada and, when brought, usually involve some claim that a detention is unlawful.

Today's Court of Appeal decision in Dodd v. Warden of Isabel McNeill House, 2008 ONCA 654 considers the law as relates to habeas corpus where the detention under review is lawful.

The Court holds:

[6]               An applicant who is lawfully in custody and who is seeking relief by way of habeas corpus from an order transferring that applicant to another institution must demonstrate that the transfer would amount to a substantial change in the applicant's conditions of incarceration, thereby resulting in a deprivation of a residual liberty interest.  If the appellant succeeds in showing that deprivation the onus moves to the jailer to demonstrate that the transfer is lawful. 
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Smiling Flocke wishes everyone a Good Weekend!!!


Gasoline Prices

In Toronto gasoline will be down 1.3 cents and diesel will be down .4 cent.

In Ottawa and Montreal gasoline will be down about half a cent and diesel down one tenth of a cent.

In Calgary and Kamloops gasoline is up 1.2 cents.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Iran's Jerusalem Parade

You have to hand it to the Iranian government – they have a way with words.

So today’s Jerusalem parade was held under the official slogan:

"The Islamic world will not recognise the fake Zionist regime under any circumstances and believes that this cancerous tumour will one day be wiped off the face of the earth."

If Israel is lucky, this slogan will have to be chanted three times before any attack by Iran – that should give time to prepare!

More seriously though, the Iranian government continues to focus on vilifying Jews as a way of avoiding discussion of the failures of the Iranian state.

So, as part of the parade a new book was promoted.

Featuring dozens of cartoons and sarcastic commentary, the book "Holocaust" was published by members of the Islamist Basij militia.


The cover shows a Jew with a crooked nose and dressed in traditional garb drawing outlines of dead bodies on the ground.


Inside, bearded Jews are shown leaving and re-entering a gas chamber with a counter that reads the number 5,999,999.


Another depicts Jewish prisoners entering a furnace in a Nazi extermination camp and leaving as gun-wielding terrorists from the other side.


Yet another shows a patient covered in an Israeli flag and on life support breathing Zyklon-B, the poisonous gas used in the Nazi extermination chambers.

Every age begets the anti-Semitism best suited to it. And while the key emotion driving it may be a visceral hatred of Jews, the critical intellectual aim is to delegitimize them. In a spiritual age, the Jews are delegitimized spiritually. Today Jews are delegitimized politically – no one can suggest the Iranian government is making a division between anti-Zionism and anti-semitism. It’s all just Jewbaiting.

Terrorists arrested

Two terrorist suspects arrested on plane in Germany


BERLIN (Reuters) - German police boarded a Dutch airliner at Cologne airport on Friday and arrested two men suspected of planning to take part in terrorist attacks, a spokesman said.
The police spokesman identified the suspected Islamist militants, on a KLM aircraft about to take off for Amsterdam, as a 23-year-old Somali and a 24-year-old German born in Somalia's capital Mogadishu.

"It all went off in quite an unspectacular manner," he told Reuters television.

story here: http://ca.news.yahoo.com/s/reuters/080926/world/international_us_germany_securityint

Thursday, September 25, 2008

Fall Colours


The Chicagoan


Short lived rival of the New Yorker. Founded 1926, the year after the New Yorker, it lasted until 1935.

U Win Tin, long serving political prisoner, released in Burma/Myanmar

U Win Tin was a political prisoner for 19 years. He has been released together with six other political prisoners.



He was arrested in July 1989 because of his senior position in the main opposition party, the National League for Democracy.



His party won 82 percent of seats in the 1990 general election, but Burma/Myanmar's military government refused to hand over power.



U Win Tin was held in solitary confinement for much of his time in prison and has chronic health problems.



He experienced torture, lack of access to medical treatment, and was held for three months in 1996 in a cell for military dogs, made to sleep on concrete floors without bedding and deprived of food and water for long periods.



U Win Tin's release comes as a significant success for Amnesty International which worked tirelessly for his release.



There remain over 2,000 political prisoners in Burma/Myanmar. It is not immediately clear why U Win Tin was released now.

U. S. and Pakistan forces trade fire

News reports in suggest a low level exchange of fire in the self governing tribal region. Regardless, an actual exchange of fire is very dangerous. Remember, Pakistan is a nuclear power and not a nation necessarily friendly to the U. S.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Misapprehension of evidence by a trial judge

Today’s Court of Appeal decision in R. v. McNeil, 2008 ONCA 647 deals with the effect of a misapprehension of evidence by a trial judge.

It is not sufficient that a trial judge misunderstood evidence for there to be grounds for an appeal. The misunderstanding must be material in that it (a) affected the reasonableness of the judgment or (b) occasioned a miscarriage of justice.

The first branch of the test is easy to understand – if the error makes the decision unsafe then obviously an appeal ought to be allowed. The second branch is harder to follow – how can a verdict be reasonable and yet occasion a miscarriage of justice?

The concept is that if the error leads to reasoning that leads to a result, and that result could have been different if the error was not made, then a miscarriage of justice may have occured. It may be that the actual result could be supported on the evidence; but the route to the decision is tainted by error.

The Court clarifies the concept below :

[22] On a conviction appeal where misapprehension of the evidence is alleged, it is not enough that the appellant demonstrate that the trial judge misapprehended portions of the evidence. The appellant bears the additional burden of showing that the misapprehension affected the reasonableness of the verdict, or occasioned a miscarriage of justice, or amounted to an error in law. As Doherty J.A. in R. v. Morrissey (1995), 97 C.C.C. (3d) 193 at paragraph 88 (Ont. C.A. ) explained:

In my opinion, on appeals from convictions in indictable proceedings where misapprehension of the evidence is alleged, this court should first consider the reasonableness of the verdict (s. 686(1)(a)(i)). If the appellant succeeds on this ground an acquittal will be entered. If the verdict is not unreasonable, then the court should determine whether the misapprehension of evidence occasioned a miscarriage of justice (s. 686(1)(a)(iii)). If the appellant is able to show that the error resulted in a miscarriage of justice, then the conviction must be quashed and, in most cases, a new trial ordered. Finally, if the appellant cannot show that the verdict was unreasonable or that the error produced a miscarriage of justice, the court must consider the vexing question of whether the misapprehension of the evidence amounted to an error in law (s. 686(1)(a)(ii)).

[23] The appellant did not attempt to argue that the misapprehension of the evidence rendered the verdict unreasonable. The trial judge identified a number of other reasons for disbelieving the appellant’s testimony and for why it did not raise a reasonable doubt in his mind. The verdict cannot be said to be unreasonable.

[24] I would, however, find that the trial judge’s misapprehension of the evidence occasioned a miscarriage of justice in this case.

[29] In Morrissey Doherty J.A. indicated at paragraph 96 that the appellant met the onus of showing a miscarriage of justice by demonstrating that there were “significant errors in the trial judge's understanding of the substance of the evidence” which “figured prominently in the reasoning process which led to crucial findings of credibility and reliability, and then to crucial findings of fact”. In R. v. Beaulieu, [2004] O.J. No. 4107, there was, apart from the misapprehended evidence, ample evidence to support rejection of the appellant's testimony and to sustain the conviction. Still, this court found there had been a miscarriage of justice because the conviction resulted from the trial judge’s disbelief of the appellant and the misapprehended evidence was “an essential part of the reasoning process he used” (at paragraph 7).

Gasoline Prices

Gasoline in Toronto, Ottawa, and Montreal will be up about 2.3 cents and diesel will be up about .4 cent tonight at midnight.

In Calgary and Kamloops gasoline will be down about 1.7 cents at midnight.

Flocke reflects on the political situation ... and perhaps cookies too?


I wonder if she knows it's her own reflection?

Doesn't anyone vet these candidates?

For Immediate Release

September 25, 2008



Layton must fire candidate in Durham



DURHAM - NDP Leader Jack Layton must fire his candidate in the riding of Durham over inappropriate comments he made on the internet this summer on the subject of United States war deserters.



"Mr. Layton must fire his candidate in Durham, Andrew McKeever, who threatened people who didn't agree with him with physical violence in a web posting," said Durham Liberal Candidate Bryan Ransom.



The following quotes from Mr. McKeever's Facebook posts are intolerant and demonstrate lack of fitness for public office:



"Answer a direct f**king question you c**t. I can guarantee, if I ever see you face to face I will make you squeal for the same authority you have such a baseless disdain for" [to a woman poster on the Facebook group]



"...one by one the TraitorCriminalDeserters [US war deserters] will be sent back down south to face the music"



"Boyd [a poster to his Facebook group] if I ever see you anywhere in Toronto I will kick the sh*t out of you"



"There is no room for this kind of vicious, threatening attack in Canadian politics. These comments are beyond the pale and Jack Layton must denounce them and fire his candidate immediately," said Dan McTeague, Liberal Candidate for Pickering-Scarborough-East.



The complete exchange may be found at: http://www.liberal.ca/pdf/docs/080925_facebook_mckeever.pdf

Candidates falling like 9 pins

It's hard to know what to make of this one; I have never seen so many candidates, of all Parties, forced to quit during an election campaign. Quaere -- have any BQ quit? I haven't noticed if they lost any candidates... .

Skinny-dipping incident prompts another NDP resignation in B.C.

VANCOUVER (CBC) - The NDP has lost another federal election candidate in B.C. over allegations of past inappropriate behaviour.

Julian West, the NDP candidate for Saanich-Gulf Islands, announced his resignation Tuesday morning following reports he took his clothes off in front of a group of teenagers at an environmental retreat 12 years ago.

No complaint was made to police and no charges were laid. On Sunday, West acknowledged that he went skinny dipping with teenagers at a 1996 environmental retreat, but insisted nothing inappropriate happened.

But on Tuesday morning, West said he had decided to step aside for the good of the party.

"After thinking about it, I have determined that I do not want to continue as a candidate and I have informed the party of that decision," West said in a written statement.

"I do not want my candidacy to detract from the campaign or from the issues that should be front and centre in this campaign," he said.

But even though he resigned, West could still win the seat.

A spokeswoman for Elections Canada says West did not withdraw his name from the race in time, and his name will remain on the ballot for the Oct. 14 election.

Susan Friend of Elections Canada says the legislation is clear and West did not withdraw by the deadline of Sept. 22 at 5 p.m. She says his name will be on the ballot and any votes for him will be recorded.

Royal Seal At Osgoode Hall


One of Canada's most beautiful buildings, Osgoode Hall in Toronto is over 150 years old and is fully open to the public.

Real crime is repetition

I disagree with the Conservative approach -- it's just politics -- but crime is an issue that needs debate and the Conservatives are talking about it.

Brantford Expositor (ON)
Thu 25 Sep 2008
Page: A10
Section: Editorial/Opinion
Column: Editorial

Fewer than 50 people turned out for a Conservative campaign event in Brantford Wednesday featuring Justice Minister Rob Nicholson promoting the government's tough on crime agenda.

It's about the audience the tired Conservative message deserves.

Didn't we just have 2 1 /2 years of being governed by a law-and-order, tough-on-crime party?

Wasn't getting tough on crime one of the Conservatives' vaunted five priorities when they got elected? Or was that getting tough on the arts?

Aren't we already tough on crime, given that the Conservatives have pushed their justice bills through the House of Commons with the threat of an election?
To be trotting out this issue on the election trail seems bizarre for a party that has led in the polls since the election's start and in a country where we all know crime has been in decline for a generation.

Yet the Conservatives cling to their crime and justice mantra, almost in desperation.

We wonder how long they would have to govern for the nation to be sufficiently tough on crime.

The bigger issue is why changes to the justice system, presumably well thought-out for both their preventive and rehabilitative impact, are being introduced during a campaign.

If the criminal justice system is an integral part of a democracy -- and we believe it is -- fundamental changes to it are too important to be flaunted for votes midway through a campaign like a tax break or some other promise.

So far this election, Prime Minister Stephen Harper has announced his intent to reduce conditional sentences -- or house arrest -- for a wider variety of crimes and to increase the number of serious crimes for which youth as young as 14 could be tried and sentenced as adults.

The thrust is to move towards a more American style of justice system, even though the crime rate is higher south of the border and there is no evidence that sending more people to jail for longer sentences helps reduce crime.

No wonder the Conservative event in support of Brant candidate Phil McColeman drew such a small crowd, which included media, party supporters wearing buttons and a few protesters, who were targeting the wrong minister to address native land claims.

(We doubt we'll see Indian and North Affairs Minister Chuck Strahl in Brantford during the election, though we would certainly welcome him.)

Polls show that crime ranks in single digits as the major issue for voters, behind the economy, health care and the environment.

No mystery why the Conservatives prefer talking about getting tough on crime over any of the three latter issues.

We declared earlier in the election that crime and justice were among the five issues we would be watching.

We want action to reduce crime and agree with criminologists and other experts that there is no reason to believe incarcerating more people for more time has any effect except diverting money from more effective crime prevention measures.

We will say this for the Conservatives, however -- at least they're talking about the issue.

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

Faith based schools

In light of the ongoing challenges facing faith based schools in Canada this piece from the Vatican is especially interesting:

VATICAN CITY, 25 SEP 2008 (VIS) - Today in the Apostolic Palace at
Castelgandolfo, Benedict XVI received participants in a seminar entitled:
"Beyond the Educational Emergency. Catholic schools at the service of young
people". The seminar has been promoted by the Italian Episcopal Conference's
Study Centre for Catholic Schools to mark the tenth anniversary of its
foundation.

Highlighting the importance of the mission of Catholic schools, the Pope
quoted from a document of the Italian Episcopal Conference entitled "Catholic Schools in Italy Today", where it is written that "Catholic schools are an expression of the right of all citizens to freedom of education, and of their corresponding duty of solidarity in the construction of civil coexistence".

"In order to be selected and appreciated, Catholic schools must be
understood in their educational aims", said the Holy Father. To this end a
"mature awareness" is necessary, "not only of their ecclesial identity and
cultural programme, but also of their civil importance which should be considered not as a defence of special interests but as a precious contribution to creating the common good of all Italian society".

Thanks to the collaboration of various Italian educational institutions and organisations, noted Benedict XVI, over these ten years the Study Centre
for Catholic Schools has "been able to undertake a careful monitoring of the
situation of Catholic schools in Italy, dedicating particular attention to the question of parity and reform. ... In this context, it has been noted that attendance in Catholic schools in some regions of Italy has grown with respect to the preceding decade, although serious - and sometimes even critical - situations persist.

"It is", the Holy Father added in conclusion, "precisely in the context of
the renewal wished for by all people who have the good of the young and the
country to heart that we must favour real equality between State schools and
private schools, so as to grant parents appropriate liberty of choice on the
schools their children attend".

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

Wednesday, September 24, 2008

Canadian Art

Ignoring politics for a moment, Canada has some very fine artists. This piece is at the Inuit Gallery of Vancouver. They have a wonderful website:

http://inuit.com/



ECSTATIC BEAR
Kellypalik Qimirpik
Cape Dorse
t

Beware of speaking at all candidates debates!

The lesson here is that people listen carefully at all candidate debates. In fact, they even tape them for future use.


Conservative MP apologizes for Harper's income trusts betrayal

WHITBY - Conservative MPs are continuing to feel the sting of Prime Minister Stephen Harper's income trusts betrayal at the door, with St. Catharines' Conservative Candidate Rick Dykstra trying to limit the damage to his re-election chances.

Speaking at an all candidates' debate, Mr. Dykstra tried to remove the Flaherty albatross from his campaign by asking forgiveness from the voters:

"We made a commitment. We didn't keep that commitment, and for that I apologize to the people of St. Catharines who were impacted by that decision." (Federal Election Candidates Debate, Cogeco, September 23, 2008)

More sad news -- Knut's zookeeper dad dies suddenly


Very sad loss of a good man -- and so young!


Berlin mourns polar bear Knut's zookeeper 'dad'


Josie Cox, Reuters

BERLIN - Hundreds of Germans flocked to the Berlin zoo on Tuesday to mourn the sudden death of the popular zookeeper who raised celebrity polar bear Knut.


"I have been visiting Knut at least once a week since his birth in December 2006," said Berliner Baerbel Roemer, as she laid down flowers in memory of zookeeper Thomas Doerflein at Knut's enclosure."


Doerflein is one of a kind and I can't describe how sad I am," she said.


Doerflein, who shot to fame as Knut's surrogate father after the tiny cub's mother Tosca rejected him at birth, was found dead in his Berlin apartment near the zoo on Monday.


The 44-year old zookeeper with a thick black beard won the admiration of many in Germany and abroad when he stayed with the polar bear around the clock for 150 straight days, handfeeding the cub milk and porridge through the nights.


Full story here:


Vendors' obligations to disclose that a house is haunted

Any latent defect know to a vendor that affects the value or use of a house ought to be disclosed. (A patent defect -- one easy to observe -- need not be disclosed).

So, if there is a regular nightly apparition or ongoing shaking of chains, and if these ghostly appearances are not immediately (patently) apparent, then they should be disclosed. This is especially so if the ghosts appear only at night so that a home inspector would not be able to observe them in a customary inspection.

Where the supernatural effects are more serious, say where walls of a house bleed, and the blood is visible to a casual inspection, it may be that disclosure is not legally necessary. The bloody walls would be patently obvious.

In a case where a property is not actually haunted but is merely reputed to be haunted there is likely no need for formal disclosure but prudence would suggest a vendor would be well advised to disclose, in writing, that there is a widespread belief the property has ghosts.

Indeed, it may be that such disclosure would increase the value of the property as some people enjoy the concept of ghosts. (In my experience such people have limited experience with real ghosts and base their ideas on Casper rather than, say, Hamlet's dad).


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

Prejudicial effect vs probative value not a consideration at pleadings stage

Pleadings motions seldom succeed. In general great latitude is given to parties in preparing pleadings.

Today's Court of Appeal decision in Quizno's Canada Restaurant Corporation v. Kileel Developments Ltd., 2008 ONCA 644 makes clear that there is virtually no filter on pleadings to see if the allegations are prejudicial and require inadmissible evidence. Put otherwise, the exclusion of evidence whose prejudicial effect outweighs its probative value does not impact at the pleadings stage.

The Court holds:

[29]          Whether the various allegations that are attacked prevail at trial is not the point.  Respectfully, it is simply a palpable and overriding error to find that the allegations in the impugned paragraphs in the statement of defence were of little probative value, much less of marginal probative value, and prejudicial.  A plaintiff cannot claim to be prejudiced when the defendant's allegations are directly responsive to allegations made in its statement of claim.

[30]          Although the motion judge purported to apply the prejudice vs. probative value test articulated in Asper she misconstrued that test – and the limited circumstances in which it should be applied – in my view, and instead applied a test that calls upon the court to decide whether material and relevant allegations pleaded may nonetheless be struck because it is "not necessary" to plead them in order to "raise a reasonable defence".  This constituted an error in principle.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

HOW TO SWIM WITH SHARKS: A PRIMER

Voltaire Cousteau
Forward

Actually, nobody wants to swim with sharks. It is not an acknowledged sport, and it is neither enjoyable nor exhilarating. These instructions are written primarily for the benefit of those who, by virtue of their occupation, find that they must swim and find that the water is infested with sharks.

It is of obvious importance to learn that the waters are shark infested before commencing to swim. It is safe to assume that this initial determination has already been made. If the waters were clearly not shark infested, this would be of little interest or value. If the waters were shark infested, the naive swimmer is by now probably beyond help; at the very least he has doubtless lost any interest in learning how to swim with sharks.

Finally, swimming with sharks is like any other skill: it cannot be learned from books alone; the novice must practice in order to develop the skill. The following rules simply set forth the fundamental principles which, if followed, will make it possible to survive while becoming expert through practice.

Rules

1. ASSUME UNIDENTIFIED FISH ARE SHARKS.

Not all sharks look like sharks, and some fish which are not sharks sometimes act like sharks. Unless you have witnessed docile behavior in the presence of shed blood on more than one occasion, it is best to assume an unknown species is a shark. Inexperienced swimmers have been badly mangled by assuming that docile behavior in the absence of blood indicates that the fish is not a shark.


2. DO NOT BLEED.

It is a cardinal principle that if you are injured either by accident or by intent you must not bleed. Experience shows that bleeding prompts an even more aggressive attack and will often provoke the participation of sharks which are uninvolved or, as noted above, are usually docile.

Admittedly, it is difficult not to bleed when injured. Indeed, at first this may seem impossible. Diligent practice, however, will permit the experienced swimmer to sustain a serious laceration without bleeding and without even exhibiting any loss of composure. The hemostatic reflex can in part be conditioned, but there may be constitutional aspects as well. Those who cannot learn to control their bleeding should not attempt to swim with sharks, for the peril is too great.

The control of bleeding has a positive protective element for the swimmer. The shark will be confused as to whether or not his attack has injured you, and confusion is to the swimmer's advantage. On the other hand, the shark may know he has injured you and be puzzled as to why you do not bleed or show distress. This also has a profound effect on sharks. They begin questioning their own potency or, alternatively, believe the swimmer to have supernatural powers.


3. COUNTER ANY AGGRESSION PROMPTLY.

Sharks rarely attack a swimmer without warning. Usually there is some tentative, exploratory aggressive action. It is important that the swimmer recognizes that this behavior is a prelude to an attack and takes prompt and vigorous remedial action. The appropriate countermove is a sharp blow to the nose. Almost invariably this will prevent a full-scale attack, for it makes clear that you understand the shark's intentions and are prepared to use whatever force is necessary to repel his aggressive actions.

Some swimmers mistakenly believe that an ingratiating attitude will dispel an attack under these circumstances. This is not correct, such a response provokes a shark attack. Those who hold this erroneous view can usually be identified by their missing limbs.

4. GET OUT IF SOMEONE IS BLEEDING.

If a swimmer (or shark) has been injured and is bleeding, get out of the water promptly. The presence of blood and the thrashing of water will elicit aggressive behavior even in the most docile of sharks. This latter group, poorly skilled in attacking, often behaves irrationally and may attack uninvolved swimmers or sharks. Some are so inept that in the confusion they injure themselves.

No useful purpose is served in attempting to rescue the injured swimmer. He either will or will not survive the attack, and your intervention cannot protect him once blood has been shed. Those who survive such an attack rarely venture to swim with sharks again, an attitude which is readily understandable.

The lack of effective countermeasures to a fully developed shark attack emphasizes the importance of the earlier rules.

5. USE ANTICIPATORY RETALIATION.

A constant danger to the skilled swimmer is that the sharks will forget that he is skilled and may attack in error. Some sharks have notoriously poor memories in this regard. This memory loss can be prevented by a program of anticipatory retaliation. The skilled swimmer should engage in these activities periodically, and the periods should be less than the memory span of the shark. Thus, it is not possible to state fixed intervals. The procedure may need to be repeated frequently with forgetful sharks and need be done only once for sharks with total recall.

The procedure is essentially the same as described under rule 3 -- a sharp blow to the nose. Here, however, the blow is unexpected and serves to remind the shark that you are both alert and unafraid. Swimmers should take care not to injure the shark and draw blood during this exercise for two reasons: First, sharks often bleed profusely, and this leads to the chaotic situation described under rule 4. Second, if swimmers act in this fashion it may not be possible to distinguish swimmers from sharks. Indeed, renegade swimmers are far worse than sharks, for none of the rules or measures described here is effective in controlling their aggressive behavior.

6. DISORGANIZE AN ORGANIZED ATTACK.

Usually sharks are sufficiently self-centered that they do not act in concert against a swimmer. This lack of organization greatly reduces the risk of swimming among sharks. However, upon occasion the sharks may launch a coordinated attack upon a swimmer or even upon one of their number. While the latter event is not of particular concern to a swimmer, it is essential that one know how to handle shark attack directed against a swimmer.

The proper strategy is diversion. Sharks can be diverted from their organized attack in one of two ways. First, sharks as a group are especially prone to internal dissension. An experienced swimmer can divert an organized attack by introducing something, often something minor or trivial, which sets the sharks to fighting among themselves. Usually by the time the internal conflict is settled the sharks cannot even recall what they were setting about to do, much less get organized to do it.

A second mechanism of diversion is to introduce something which so enrages the members of the group that they begin to lash out in all directions, even attacking inanimate objects in their fury.

What should be introduced? Unfortunately, different things prompt internal dissension or blind fury in different groups of sharks. Here one must be experienced in dealing with a given group of sharks, for what enrages one group will pass unnoted by another.

It is scarcely necessary to state that it is unethical for a swimmer under attack by a group of sharks to counter the attack by diverting them to another swimmer. It is, however, common to see this done by novice swimmers and by sharks when they fall under a concerted attack.

Flocke Rising


Flocke stands up for her principles! (Or for crispbread?)

Do we want "Ordinary People" to give expert opinion?

The Prime Minister used a Saskatchewan stop yesterday to promise a crackdown on conditional sentences and house arrest. It was the second straight day of Conservative justice reform proposals that many criminologists say will increase prison costs and do nothing to deter crime.

"We're listening to ordinary people," Harper said in rebuttal to the body of academic research.

I know this is an election and much of what is being said is pure politics, but seriously, does Harper really mean that he is prepared to ignore people who know what they are talking about in favour of "ordinary people"? "Ordinary people" do not have the knowledge necessary to, for examine, rebuild an automobile engine -- do we go to them for auto repairs? Since when do we rebut academic research with gut feelings?

Certainly there are political slants to crime fighting -- and being tough on crime may be the right approach -- but policies should be based on evidence and not on emotions.

Denunciation not deterrence -- Blatchford September 24, 2008

Today’s piece by Christie Blatchford in the Globe suggests that the Harper Justice proposals are not focused on deterrence but rather denunciation. 

 

That analysis is certainly correct because there is little to suggest that the changes proposed will deter crimes. 

 

Indeed, since the motivation behind the proposed enhanced punishments is a symbolical denunciation of criminals and crime, the symbolic nature of the changes does not require there be any impact on crime or public safety.  In other words, the current debate on criminal justice in Canada is really nothing more than political rhetoric couched in symbolism.

 

That said, symbols are important.  Denunciation is a valid goal of a criminal justice system; but we must not confuse symbolism with action and there is no basis to suggest the current Justice proposals will be anything more than symbolic.  Put otherwise, the proposed changes to the Justice system are just politics.

 

 

Election debates


A fine article on the United States election debates from Al Jazeera:



"After last night’s debate, the reputation of Messieurs Lincoln and Douglas is secure." Edward R Murrow, journalist, after listening to the Kennedy-Nixon debate, September 26, 1960.


The first US presidential debates of the televison age proved how the new medium favoured image over substance.


What John F Kennedy, then a Democrat senator and Richard Nixon, the Republican vice-president, talked about in 1960 including an obscure discussion of Quemoy and Matsu, two tiny islands in the straits of Taiwan - has been mostly forgotten.


What is remembered is how they looked: Kennedy, fresh from a campaign swing through California, was tanned, relaxed and charismatic; Nixon, recovering from knee surgery, was haggard, nervous and sweaty.


Audience surveys showed most viewers believed Kennedy won the debate decisively.


Head-to-head

He scored a narrow victory on election day itself - and television became a dominant force in US elections.


"Up until that point politics had been conducted behind closed doors and in the print medium," says Alan Schroeder, a professor of journalism at Northeastern University in Boston.


Schroeder, the author of Presidential Debates: 40 Years of High-Risk TV, says after 1960, politics "became a television programme. And we really never have moved away from that. The thing that happened in 1960 established politics as a television show and it continues to this very day."


Out of touch


In 1976, Gerald Ford, the Republican president, was rising in the polls against Jimmy Carter until he blundered in his response to a foreign policy question, declaring emphatically: "There is no Soviet domination of Eastern Europe, and there never will be under a Ford administration."


Ford later explained that he meant to say his administration would never concede Soviet domination of the region, but voters thought Ford was out of touch and confused; they showed him the door a month later.

In 1980, Carter was on the defensive and Ronald Reagan, the Republican challenger, posed viewers of their debate a devastatingly direct question: "Are you better off than you were four years ago?"


This was in the midst of a recession, a petrol shortage, and the Tehran US embassy hostage crisis, when fighters held US diplomats for over a year in support of the Iranian revolution.
Voters concluded that they would be better off without Carter.


Four years later, Reagan rambled and stumbled in his first face-off with Walter Mondale - raising questions about whether the 73-year-old president was becoming addled with age.


But Reagan regained ground in the second debate, with a well-rehearsed line flipping the age issue on its head: "I refuse to exploit for political purposes," Reagan declared, "my opponent's youth and inexperience."


The line brought down the house. Mondale won exactly one state and the District of Columbia that year — one of the worst wipeouts in US political history.


Emotion counts


1988 featured an exceptionally nasty campaign, and one in which debates played a key role in the face-off between George HW Bush and Michael Dukakis, the Democrat candidate.

Dukakis shocked viewers with his dispassionate answer to an emotionally-loaded question that mentioned Dukakis's wife, Kitty.


The death penalty was a major topic in that year's campaign, with Bush gung-ho in favour of executions and Dukakis opposed to them.


In addition, Dukakis had a reputation for an almost robotic personality - something of a cold fish without human emotions.


Bernard Shaw of CNN, the debate's moderator, asked Dukakis, "Governor, if Kitty Dukakis were raped and murdered, would you favour an irrevocable death penalty for the killer?"


Dukakis answered immediately, "No, I don't, Bernard, and I think you know that I've opposed the death penalty during all of my life."


He went on with a wonkish digression about the war on drug abuse. "What was so surprising was how quickly Dukakis answered," Shaw told me in a conversation at his Washington DC home recently.


"He began talking almost before I'd finished asking the question. That showed me he really hadn't listened to it carefully."


In the press room, reporters who heard Dukakis' reply said to one another, "That's it for him; he's lost it."


And indeed, Dukakis lost to Bush in a landslide victory a few weeks later.


Shaw said he suffered a lot of criticism for his question, but believes to this day it was an appropriate way to try to pierce the well-rehearsed answers that politicians often give when asked about controversial matters.


After all, it was Dukakis's answer — not Shaw's question — that torpedoed the Massachusetts governor's candidacy.


Memorable put-downs


1988 also saw the best put down of any debate.


The young Republican vice-presidential candidate, Dan Quayle, compared his career to that of John Kennedy to claim he had experience. That provoked a withering response from Democrat Lloyd Bentsen: "Senator, I served with Jack Kennedy: I knew Jack Kennedy; Jack Kennedy was a friend of mine. Senator, you're no Jack Kennedy."


There was an gasp from the audience, clearly audible in the hall on television sets all over the country.


Cameras cut away to Quayle's reaction. He looked, Shaw said, "Like a schoolboy who'd been scolded by his teacher."


Quayle became vice-president that year, but never regained his dignity or achieved any stature among the public, largely due memories of Bentsen's riposte.


The debates of the 1990's were not especially memorable; by then, candidates were schooled to play it safe and rarely veered from pre-rehearsed scripts.


An exception came in the 1992 vice-presidential debate, when third party candidate James Stockdale's opening line backfired.


"Who am I? Why am I here?" the elderly former US Navy admiral asked, apparently rhetorically.


For a moment it appeared as if he were truly disoriented or perhaps even demented.


Comedians had a field day with him.


Historic consequences


The 2000 debate between Al Gore and George Bush, the current Republican president was, like 1960, a judgment of style over substance.


Millions watched the George Bush and John Kerry debates in 2004 [EPA] Gore's heavy sighs during Bush's answers gave many viewers the impression of petulance and annoyance.


His repeated use of the odd word "lock-box" with reference to sequestering US Government old-age pension funds from the general spending budget also earned him delighted taunting from late-night comedy shows.


Gore won the popular vote in 2000, but Bush won the presidency when the Republican-dominated supreme court halted a recount in Florida.


The next time around, in 2004, Bush made a series of odd facial grimaces during his first debate with John Kerry, and conspiracy theorists believed that he was getting instructions on how to answer from aides via a hidden wireless earphone. Bush’s campaign denied the charges. Now, with John McCain and Barack Obama running neck and neck, their debate at the University of Mississippi on Friday, September 26th may be crucial, giving still-undecided voters their best shot at sizing up both men in a way that goes beyond evening news sound-bites or scripted political advertisements.


"What we are evaluating are what the lawyers call demeanor evidence," Schroeder says.


"What does someone look like, their expression, whether they appear confident and in command, or intimidated.


"All of those are difficult to measure in other contexts, but presidential debates do give you that opportunity." Neither McCain nor Obama are known as particularly skilled debaters, and both have a history of gaffes, so now the political vultures are circling, ready to strike at any misstep.
A smile, quip, a mistake or a frown could swing enough voters to make a difference — with historic consequences for the entire world.

Sad News -- Master Donkin died Monday -- see notice below

DONKIN, WILLIAM REID Q.C.

 

On Monday, September 22, 2008 at his home in Waterdown, in his 82nd year. Predeceased by his beloved wife Kate. Survived by his children Mary, John (Jennifer Veitch), David, grandchildren Meagan (Graeme Muirhead), Andrew and Harry, and his companion Jean Maidment. A graduate of Trinity College 1948, LLB 1949. Called to the Bar 1953. Practised at St. Thomas and Hamilton. Joined Ontario Legal Aid Plan 1967, Area Director for York (Toronto) 1971. Appointed Master, Supreme Court of Ontario 1980. Past Master, Meridian Lodge, No. 687, A.F. & A. M., 32nd degree Scottish Rite. Companion of Hiram Chapter No. 2, R.A.M. Visitation at KITCHING, STEEPE & LUDWIG FUNERAL HOME, 146 Mill Street North, Waterdown, Wednesday September 24th 7 - 9 pm, and Thursday 2 - 4 pm and 7 - 8:30 pm. Masonic Service at 8:30 pm. Thursday. Funeral and interment at Grace Anglican Church, 157 Mill Street North, Waterdown Friday 2 pm. Our thanks to Drs. Cross and Killorn. In lieu of flowers, please make a donation to the charity of your choice. Please sign the Book of Condolence at www.kitchingsteepeandludwig.com

Tuesday, September 23, 2008

Lovely Yellow Fish


"We few, we happy few, we band of brothers"

Before the Battle of Agincourt (1415), morale in the English line was extremely low. The English looked upon the overwhelming force of heavily armoured, highly skilled French knights and saw victory was implausible.

King Henry, rising to the occasion, spoke words of encouragement that rallied the English troops and carried them to a victory. By force of will King Henry turned likely defeat into victory.

A leader can create victory by the mere force of words.

That said, here is the speech from Henry V:

Enter the KING
WESTMORELAND. O that we now had here
But one ten thousand of those men in England
That do no work to-day!

KING. What's he that wishes so?
My cousin Westmoreland? No, my fair cousin;
If we are mark'd to die, we are enow
To do our country loss; and if to live,
The fewer men, the greater share of honour.
God's will! I pray thee, wish not one man more.
By Jove, I am not covetous for gold,
Nor care I who doth feed upon my cost;
It yearns me not if men my garments wear;
Such outward things dwell not in my desires.
But if it be a sin to covet honour,
I am the most offending soul alive.
No, faith, my coz, wish not a man from England.
God's peace! I would not lose so great an honour
As one man more methinks would share from me
For the best hope I have. O, do not wish one more!
Rather proclaim it, Westmoreland, through my host,
That he which hath no stomach to this fight,
Let him depart; his passport shall be made,
And crowns for convoy put into his purse;
We would not die in that man's company
That fears his fellowship to die with us.
This day is call'd the feast of Crispian.
He that outlives this day, and comes safe home,
Will stand a tip-toe when this day is nam'd,
And rouse him at the name of Crispian.
He that shall live this day, and see old age,
Will yearly on the vigil feast his neighbours,
And say 'To-morrow is Saint Crispian.'
Then will he strip his sleeve and show his scars,
And say 'These wounds I had on Crispian's day.'
Old men forget; yet all shall be forgot,
But he'll remember, with advantages,
What feats he did that day. Then shall our names,
Familiar in his mouth as household words-
Harry the King, Bedford and Exeter,
Warwick and Talbot, Salisbury and Gloucester-
Be in their flowing cups freshly rememb'red.
This story shall the good man teach his son;
And Crispin Crispian shall ne'er go by,
From this day to the ending of the world,
But we in it shall be remembered-
We few, we happy few, we band of brothers;
For he to-day that sheds his blood with me
Shall be my brother; be he ne'er so vile,
This day shall gentle his condition;
And gentlemen in England now-a-bed
Shall think themselves accurs'd they were not here,
And hold their manhoods cheap whiles any speaks
That fought with us upon Saint Crispin's day.

More imprisonment means higher taxes

According to the Statistics Canada table cited in a Conservative backgrounder today (www40.statcan.ca/l01/cst01/legal22f.htm), Prime Minister Stephen Harper's announcement that certain offenses would not qualify for conditional sentences would mean the incarceration of at least an additional 7,161 individuals.

Maybe this is a good thing (I'm not convinced but whatever -- remember, these criminals are, as a group, minor offenders) but whatever it is, this new wave of incarcerations will not be cheap.

Virtually all these individuals will be in Provincial institutions and the cost for keeping them in jail (perhaps $50,000/yr) will be a cost to the Provinces.

Total cost yearly $350,000,000 and all from the Provinces.

Taxpayers will pay even though not Federally. (Of course if the prisoners are Federal the costs go up). Either way taxes will be paid.

Highway Chaos


Air ambulance lifts off highway


It's amazing how quickly our modern systems can collapse.

I was driving at a decent speed along a major Canadian highway when suddenly a stop.

Police, ambulances, fire trucks and then helicopters swoop down. Oh dear; G-d save those no doubt injured.

We ain't goin anywhere soon.


Gasoline Prices

In Toronto gasoline is down .9 cent and diesel is down .3 cent.

In Ottawa and Montreal gasoline will be down about 4.5 cents and diesel will be down about 1.6 cents.

In Calgary and Kamloops the price is not changing.

Harper pitches two-tier youth justice plan

CAMPBELL CLARK and CAROLINE ALPHONSO AND LES PERREAUX
Globe & Mail

With a report from The Canadian Press

September 23, 2008

OTTAWA, TORONTO and MONTREAL -- Teenagers as young as 14 who are convicted of serious crimes such as murder would face stiffer sentences - including the possibility of life in prison - under Conservative Party proposals that would bypass a Supreme Court of Canada decision that made it more difficult to sentence youths as adults.

Conservative Leader Stephen Harper said yesterday a re-elected Tory government would overhaul the Youth Criminal Justice Act; in effect, imposing adult sentences on some young offenders and no longer shielding their identity. He said his government would raise maximum sentences for young killers - currently 10 years for first-degree murder and seven years for second-degree - and hand down 14-year sentences for other violent crimes now subject to two- or three-year terms.

The new sentences would affect youths 14 and older in most of the country. But in a nod to Quebec, where the Tories need to win seats to form a majority government, Conservative aides said the law would apply only to those 16 and older in that province, where the justice system and public sentiment favour rehabilitation.

Mr. Harper's communications director, Kory Teneycke, said the different age cutoffs for the tougher sentences are an example of "open federalism." Aides said it is the Tories' intention to allow provinces to choose the age at which the tougher measures kick in, and that they believe it will pass muster in the courts. They said that in the past, only Quebec expressed an interest in having a higher age, at 16.

Defence lawyers and legal experts protested at the prospect of jailing 14-year-olds for life and said harsher sentences have not been shown to reduce juvenile crime.

"The more the government attempts to squeeze young offenders into the adult criminal model, the more likely it is that the courts will resist. It has long been the law in Canada that young people are entitled to a presumption of diminished moral blameworthiness," said Frank Addario, president of the Criminal Lawyers' Association. "I see this as a way for [Mr. Harper] to challenge the court to back down from its position."

Research does not suggest that severe punishment of young people will prevent them from embarking on a life of recidivism, he added.

New Poll

Liberals inching up from bottom while Tories maintain lead: poll


OTTAWA - A new poll suggests the Conservatives have been holding on to a sizable national lead, with the Liberals showing modest signs of recovery.

A Canadian Press Harris-Decima poll taken over the last four nights put the Conservatives at 37 per cent support - a two-point drop over the last few days.

The Liberals climbed to 24 per cent, a one-point increase over Monday's figures.

The survey has the New Democrats and Bloc Quebecois steady at 17 per cent and eight per cent respectively, while the Green party is down one point at 11 per cent.

The poll surveys 300 people a night in a rolling national sampling and the figures are based on interviews with at least 1,223 people Friday through Monday.

The results are considered accurate to within plus or minus 2.8 percentage points, 19 times in 20.

More information on the poll is available from www.harrisdecima.com. Respondents to the poll were asked the following question: "If a federal election were being held tomorrow, who do you think you would be voting for in your area?"

Majority Government and Abortion: Paul Copeland in Today's Globe

Sorry, we do fear a majority

PAUL COPELAND
September 23, 2008

Toronto -- Lysiane Gagnon's thesis that we should not fear a neo-con right-wing shift in Canadian politics if Stephen Harper achieves a majority government is significantly undermined by her claim that Brian Mulroney "easily defeated a push from the right wing of his caucus to recriminalize abortion" by relying "on the massive vote of his Quebec MPs." The Mulroney government sought to recriminalize abortion. That effort, led by then-justice minister Kim Campbell, passed in the House. It was only in the Senate that the recriminalization of abortion died as a result of a tie vote. Canadians should fear that Mr. Harper, with a majority, will return to his Reform roots and introduce many of the right-wing ideas he has espoused for so many years.

A Poll About Whether People Care About This Election

In Case you Didn’t Notice, An Election is Happening: Few (21%) Canadians Giving this Campaign More Attention Most Want Majority (48%), Not Minority (32%), but Think Another Minority (41%) is in the Cards

Ottawa, ON – According to a new Ipsos Reid poll conducted on behalf of CanWest News Service and Global Television, it doesn’t appear that Canadians are getting too excited about this election when compared to previous elections. Only two in ten (21%) Canadians are paying more attention to this election than ones in the past. The majority (65%) say they’re giving it about the same amount of attention as others, while 14% even say they’re paying even less attention than previous elections.

Interestingly, residents of Ontario (27%) and British Columbia (27%) are most likely to say that they’re paying closer attention to this election than previous ones, followed by those in Atlantic Canada (21%), Saskatchewan and Manitoba (21%), Alberta (13%) and Quebec (13%).

Perhaps as a result of the Conservatives creeping up to majority territory, Conservative (26%) and Liberal (26%) supporters are more likely than those supporting the Bloc (17%), NDP (16%) or Green Party (13%) to say that they’re paying more attention to this election than others.

Taking the pulse of these Canadians on the outcome of the election reveals that the preference of more is for a majority government (48%), not a minority (32%). Two in ten (20%) don’t know which outcome they’d prefer.

Albertans (56%) are most likely to want a majority, followed by Canadians living in Saskatchewan and Manitoba (50%), Ontario (47%), Atlantic Canada (47%), Quebec (46%) and British Columbia (45%). Men (51%) are also more likely to want a majority (51%) than are women (45%).

Quebecers (36%) have the highest propensity to prefer a minority government, followed by Ontarians (34%), British Columbians (32%), Atlantic Canadians (31%), residents of Saskatchewan and Manitoba (23%) and Alberta (19%).

Three quarters (75%) of those who currently say they are voting for the Conservatives say they’d prefer a majority, compared to 16% who want a minority. A plurality of those voting for the Bloc (54%), Green (45%), NDP (45%) and Liberals (42%) would prefer a minority government as the outcome of this election.

But thinking about the likely outcome of the vote on October 14, more Canadians think that another minority (41%) government will be elected than think a majority (30%) government is in the cards. Three in ten (28%) Canadians don’t yet know how the election will play out.

Residents of Quebec (37%) are most likely to think that the outcome will be a majority government, followed by those living in Saskatchewan and Manitoba (36%), Alberta (25%), British Columbia (25%), and Atlantic Canada (24%).

Atlantic Canadians (48%) are most likely to believe that we’ll see a minority government elected on October 14, while Ontarians (46%), British Columbians (42%), Quebecers (37%), Albertans (33%) and residents of Saskatchewan and Manitoba (33%) are less convinced.

Conservative supporters (47%) to think that the outcome will be a majority government. Liberal (54%), NDP (52%), Green (50%) and Bloc supporters (45%) each are more likely to think it will be a minority government that is elected.

Full story and link to data here: http://www.ipsos-na.com/news/pressrelease.cfm?id=4081

Palin's E-mail Account Hacked -- Student Caught

The FBI has searched a college apartment of David Kernell, the man suspected of hacking into Republican vice-president Sarah Palin’s e-mail account. It appears he, like Palin, has been caught out by some fairly simple detective work.

Kernell is the son of a Democrat state representative. Mike Kernell has confirmed his son is the person talked about online, but denies any involvement himself, telling the Associated Press “I had nothing to do with it, I had no knowledge or anything. I was not a party to anything of this nature at all. I wasn’t in on this — and I wouldn’t know how to do anything like that.” It's nice to see a father standing up for a son!

David Kernell was first tagged as the man claiming responsibility after message board posters noted the user name ‘Rubico’ matched up with rubico10@yahoo.com, an address Kernell had used on YouTube. (There’s a certain irony given that Palin’s hacked account was also provided by Yahoo.)

Monday, September 22, 2008

Gas Price Alert

In Toronto, gasoline prices will be down 1.4 cents and diesel will be up 3.8.

In Ottawa and Montreal, gasoline is up approximately 3 cents and diesel is up around 4 cents.

In Calgary and Kamloops gasoline is up 1.2 cents.

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

Vile Comments -- And we trust a company that says this to supply the Forces?

Ignoring everything else, would you trust a supplier that allows such vile language on its website? Doesn't this scream out unsupervised and careless??? Perhaps another point might be that Canada's role is to help in, among other places, Afghanistan -- the helping role doesn't sit to well with such vulgar ignorant abuse.



Canadian military supplier's website contained anti-Muslim comments


OTTAWA - A company that supplies knives, flashlights and other equipment to the Canadian armed forces referred to Muslims as "rag-headed, heathen bastards" on its website as recently as Sunday when the federal government complained.

Gear Up Motors' website was replete with other jabs at women and Liberals and mocked official bilingualism and concerns about global warming.

Full story:

http://ca.news.yahoo.com/s/capress/080921/national/military_supplier_racism

Queen Victoria at Osgoode Hall (1850)


She looks out at us from a dark and smoky painting. A young woman with intelligent eyes. The robes of office around her she is exposed at the chest in a way that would not be seen today. What thoughts went through her mind then? A generation after Napoleon. The cusp on the industrial revolution. Through a glass darkly indeed.

Very important disability news from United States

Congress Passes Bill With Protections for Disabled

By ROBERT PEAR
New York Times, September 18, 2008

WASHINGTON - Congress gave final approval on Wednesday to a major civil
rights bill, expanding protections for people with disabilities and overturning several recent Supreme Court decisions.

The voice vote in the House, following Senate passage by unanimous consent last week, clears the bill for President Bush. The White House said Mr. Bush would sign the bill, just as his father signed the original Americans With Disabilities Act in 1990.

The bill expands the definition of disability and makes it easier for workers to prove discrimination. It explicitly rejects the strict standards used by the Supreme Court to determine who is disabled.

The bill declares that the court went wrong by "eliminating protection
for many individuals whom Congress intended to protect" under the 1990
law.

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

Homeless man murdered for smokes

Whatever your views on the causes of homelessness, this is a national scandal that should get some attention in the election. It is just wrong that there are people sleeping in the streets of Canadian cities.

Vigil held for homeless man killed over cigarette outside Winnipeg shelter

WINNIPEG - Advocates for the homeless have called for change at a vigil for a homeless Winnipeg man who was killed outside a Salvation Army shelter last week.

Tim Knudsen, 44, was beaten to death in an apparent dispute over a cigarette. Some are saying there needs to be more of a police presence around shelters, while others say the entire shelter system needs to be reviewed and possibly changed.

Full story here: http://ca.news.yahoo.com/s/capress/080922/national/crime_homeless_slaying

Passing crime bill worth another election, says Tory justice minister

Rob Nicholson is a very solid Justice Minister. That said, he is not correct in saying that we needed this election to pass crime legislation -- the Liberal Party is solidly behind sensible criminal law changes that are 'tough on crime'.

However, we need to go beyond 'tough on crime' to programs that actually work and cut crime for real. No one is talking about, for example, mandatory drug treatment. Criminal justice is, as Rob Nicholson points out, too important to be mere politics.


The Canadian Press
Sun 21 Sep 2008
Section: National General News
Byline: BY MICHAEL OLIVEIRA

MISSISSAUGA, Ont._ A minority Conservative government would rather force another election than back down on its law and order agenda, Justice Minister Rob Nicholson said Sunday.

Nicholson told a rally in Mississauga, Ont., that Prime Minister Stephen Harper has already made clear he would not tolerate any more ``obstruction'' like the government faced last October when it introduced the Tackling Violent Crime Act omnibus bill.

``We're making it very clear about how serious we are about getting that anti-crime agenda through Parliament,'' he said.

``We will be taking a zero-tolerance approach. Our crime measures will be confidence measures, we are determined that our law and order agenda will be passed.''

The Conservatives have tried to make crime, with an emphasis on getting tough on criminals, a major issue in the election, in part because it appeals to core supporters.

Meanwhile, both the Liberals and New Democrats have stressed tougher gun control measures.

Liberal Leader Stephane Dion vowed he would ban military assault weapons, but not handguns. New Democrat Leader Jack Layton said he would enable municipalities and provinces to ban handguns if the NDP assumed power.

Ontario Premier Dalton McGuinty also called for a handgun ban last week after a schoolyard shooting in Toronto.

Nicholson said the Conservatives aren't interested in banning handguns since pistols are already effectively outlawed.
``I think the problem in this country is people who steal guns and people who use them for improper purposes,'' he said. ``It's not sportsmen or antique collectors that I believe (are) the problem.''

Although he criticized all opposition parties for stalling Conservative bills in the last parliamentary session, Nicholson aimed his sharpest criticism at Dion, saying he had put ``partisan gains ahead of public safety.''
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Boethius, Anicius Manlius Severinus c 480-524

Nihil est miserum nisi cum putes; contraque beata sors omnis est aequanimatate tolerantis. (Nothing is miserable unless you think it so, conversely, every lot is happy if you are content with it)
The picture here is of Lady Philosophy and Boethius from an edition of his "The Consolation of Philosophy", (Ghent, 1485)

Sunday, September 21, 2008

Word of the day

Every day I take the elevator up to my office and get annoyed by the 'Word of the Day' displayed on the Captiva monitor.
Each time another word is used in ever so slightly the wrong context by someone who clearly has no idea how the word is actually used. Then I hear the word misused by building tenants keen to improve themselves and improve their vocabulary. Oh zounds, who knows what darkness lurks in the vocabularies of men (women too!).

It's a savagerous misuse of language!!!


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

Another one bites the dust ...

Chris Reid, who was running in Toronto Centre against Liberal Bob Rae, resigned because he said he couldn't commit to four years in government.

But bloggers were quick to speculate that Reid was pulled because of remarks he allegedly wrote on a blog, "Political Thoughts From a Gay Conservative" (I'm not sure who was the Gay Conservative but at least sexual orientation does not seem to have been an issue here) -- the blog is gone but you can find cached versions if you hunt around on the web (it was conservativeandgay.blogspot.com ).

One of the posts makes controversial statements about the beheading of Tim McLean on a Greyhound bus trip in July. Now readers will recall I too had some thoughts that, if the passengers on that fated Greyhound had tried, they might have saved a life -- I was slagged for that post by people pointing out how I knew nothing of what the dangers were -- and I backed away.

But Mr. Reid went further than I and didn't reconsider his thoughts on comment.

In a post dated August 10, the blogger wrote that the tragedy could have been prevented if other passengers had intervened, which they would have done if they had been carrying guns.

"Passengers and the bus driver stood by and watched another person being butchered, and couldn't muster up any courage or self-sacrifice to intervene," the post said. "This is where socialism as (sic) gotten us folks, a castrated effeminate population."

The blogger goes on to say: "This is a perfect example of why we need concealed-carry handgun legislation in this country, so we can defend one another and deter horrible events such as this. But what are our politicians talking about? More government regulation and security."

Today's Poll -- Means Nothing

So today's poll has the Conservative lead shrinking to five points. What's it mean?

I'd like to say it means the tide has turned but in truth it means nothing -- the electorate remains undecided.

We have a battle ahead and it's not over yet!

News poll that found one-third of white Democrats harbor negative views toward blacks—many calling them "lazy," "violent" or responsible for their own troubles.

Of course one can be bigoted about a group but consider individuals in that group fairly. (Well, maybe). Remember Himmler's problem was that lots of Germans who didn't like Jews in general has a Jew in particular who they thought was ok.



Regardless, a sad story no matter what you think of Obama. The man should be elected, or defeated, because of his qualities and not his colour.




Poll: Racial misgivings of whites an Obama issue



WASHINGTON (AP) - Deep-seated racial misgivings could cost Barack Obama the White House if the election is close, according to an AP-Yahoo News poll that found one-third of white Democrats harbor negative views toward blacks—many calling them "lazy," "violent" or responsible for their own troubles.



The poll, conducted with Stanford University, suggests that the percentage of voters who may turn away from Obama because of his race could easily be larger than the final difference between the candidates in 2004 — about 2.5 percentage points.



Certainly, Republican John McCain has his own obstacles: He's an ally of an unpopular president and would be the nation's oldest first-term president.



But Obama faces this: 40 percent of all white Americans hold at least a partly negative view toward blacks, and that includes many Democrats and independents.



More than a third of all white Democrats and independents—voters Obama can't win the White House without—agreed with at least one negative adjective about blacks, according to the survey, and they are significantly less likely to vote for Obama than those who don't have such views.



Such numbers are a harsh dose of reality in a campaign for the history books

Selfish Barbarians

There is really nothing that can be said about this. Imagining the sadness caused by the selfish and uncultured barbarians who caused this blast is horrific enough.

'We will not be scared of these cowards' vows Zardari

ZARAR KHAN

Associated Press

Rescuers pulled more bodies from the shell of the truck-bombed Marriott Hotel in Pakistan's capital Sunday, pushing the death toll from one of the country's worst terrorist strikes to 53, including the Czech ambassador and two Americans. A Danish diplomat is still missing.

The hotel, a favourite spot for foreigners and the Pakistani elite — and a previous target of militants — still smouldered from a fire that raged for hours after the previous day's explosion, which also wounded more than 250 people.

The targeting of the American hotel chain came at a time of growing anger in the Muslim nation over a wave of cross-border strikes on militant bases in Pakistan by U.S. forces in Afghanistan.No group immediately claimed responsibility, though suspicion fell on al-Qaeda and the Pakistani Taliban. Analysts said the attack served as a warning from Islamic militants to Pakistan's new civilian leadership to stop co-operating with the U.S.-led war on terror.

Prime Minister Yousuf Raza Gilani said the bomber attacked the hotel only after tight security prevented him from reaching Parliament or the prime minister's office, where the president and many dignitaries were gathered for dinner."The purpose was to destabilize democracy," Mr. Gilani said. "They want to destroy us economically."

The government released footage from a hotel surveillance camera showing the heavy truck turning left into the gate at speed, ramming a metal barrier and coming to a halt about 18 metres away from the hotel.Guards nervously came forward to look, then scattered after an initial small explosion.

Several guards tried repeatedly to douse flames spreading through the cab of the truck as traffic continued to pass on the road behind. There is no sign of movement in the truck and the footage played did not show the final blast.

The owner of the hotel accused security forces of a serious lapse in allowing a dump truck to approach the hotel unchallenged and not shooting the driver before he could trigger the explosives.

"If I were there and had seen the suicide bomber, I would have killed him. Unfortunately, they didn't," Sadruddin Hashwani said.Officials said vehicles carrying construction materials are allowed to move after sunset, meaning the sight of a dump truck near the government quarters might not have aroused suspicion.

Rescue teams searched the blackened hotel room by room Sunday, but the temperatures remained high, and fires were still being put out in some parts. Officials feared the main building would collapse.The bomb went off close to 8 p.m. Saturday, when the restaurants inside would have been packed with Muslim diners breaking their daily fast during the holy month of Ramadan.

Interior Ministry Chief Rehman Malik said the bomb contained an estimated 590 kilograms of military-grade explosives as well as artillery and mortar shells and left a crater 18 metres wide and 7 metres deep in front of the main building.

Khalid Hussain Abbasi, a rescue official, confirmed that six new bodies had been found, but would not say if the dead were foreigners. He said he expected more charred remains to be discovered.

Mr. Gilani said the death toll had reached "about 53" and that Czech Ambassador Ivo Zdarek was among the dead. Mr. Zdarek, 47, only moved to Islamabad in August after four years as ambassador to Vietnam.

Mr. Malik said two Americans were confirmed dead as well as one Vietnamese national. Officials in Pakistan said at least 21 foreigners were among the wounded, including Britons, Germans, Americans and several people from the Middle East.TV footage showed at least two bodies partially visible from the wrecked facade Sunday morning. Outside, the hotel was surrounded by torched vehicles and debris.

The bombing came just hours after President Asif Ali Zardari made his first address to Parliament, about a kilometre away from the hotel. Mr. Malik said authorities received intelligence there might be militant activity linked to Mr. Zardari's address and security had been tightened.The attack drew condemnations from around the world, including the United States, which has pressured Pakistan to do more to wipe out militant hide-outs on its side of the Afghan border. Washington worries about Taliban and al-Qaeda fighters using Pakistan as a training, recruiting and regrouping ground to aid the insurgency in Afghanistan.

President George W. Bush said the attack was "a reminder of the ongoing threat faced by Pakistan, the United States, and all those who stand against violent extremism."

A recent series of suspected U.S. missile strikes and a rare American ground assault in Pakistan's northwest have signalled Washington's impatience with Pakistan's efforts to clear out militants. But the cross-border operations have drawn protests from the Pakistani government, which warned they would fan militancy.

Terrorism researcher Evan Kohlmann told the AP the attack was almost certainly the work of either al-Qaeda or the Pakistani Taliban."It seems that someone has a firm belief that hotels like the Marriott are serving as 'barracks' for Western diplomats and intel personnel, and they are gunning pretty hard for them," Mr. Kohlmann said.

The Marriott blast could prompt diplomats and aid groups in Islamabad, some of whom already operate under tight security, to re-evaluate whether nonessential staff and family members should stay. U.N. officials met Sunday to discuss the security situation and, for now, made no decision to change their measures, said Amena Kamaal, a spokeswoman.

Mr. Zardari, who on Sunday was headed to New York to lead a delegation to the United Nations and was expected to meet with Mr. Bush during the week, spoke out against the cross-border strikes in his speech to Parliament. He condemned the "cowardly attack" afterward in an address to the nation.

"Make this pain your strength," he said. "This is a menace, a cancer in Pakistan which we will eliminate. We will not be scared of these cowards."

Thomas Jefferson (1743 - 1826)


Say nothing of my religion. It is known to God and myself alone. Its evidence before the world is to be sought in my life: if it has been honest and dutiful to society the religion which has regulated it cannot be a bad one.


So said Jefferson.
Of course, Jefferson owned many slaves over his lifetime.
Some find it baffling that Thomas Jefferson owned slaves yet was outspoken in saying that slavery was immoral and it should be abolished. Biographers point out that Jefferson was deeply in debt and had encumbered his slaves by notes and mortgages; he chose not to free them until he finally was debt-free, which he never was. Jefferson seems to have suffered pangs and trials of conscience as a result. He wrote about slavery, "We have the wolf by the ears; and we can neither hold him, nor safely let him go. Justice is in one scale, and self-preservation in the other."


So the "evidence" referred to in his quotation is perhaps unclear; or maybe Jefferson, like every other human was tainted by sin.
“Some rise by sin, and some by virtue fall”