Saturday, October 11, 2008

What is going on? What is the actual deal on the $25B bank rescue?

Maybe some reader can explain.

I am not sure that the $25B bank loan/bailout/whatever is the wrong thing to do. Maybe it is right.

My problem is I don't understand what is actually being done and reading the newspapers and surfing the web hasn't clarified matters.

What did the Federal Government buy? Did they actually pay $25B and if so where did the money come from? How will this help Canadian banks to shore up the economy? Are Canadian banks safe and if so why did they need the money?

Nobody seems to be explaining any of this.

James Morton

Harper Majority Quite Possible

Scott Reid (former communications director for Paul Martin):

First of all, let's state the obvious. This campaign is very close. However, that doesn't necessarily mean the result will be.

Indeed, what makes this election mesmerizing is that with the NDP and Greens running so high, the campaign's outcome remains very hard to predict. Even at this late hour, plausible scenarios vary from a majority Harper government with the Bloc Quebecois as Official Opposition to a surprise Liberal minority.

For the Conservatives — fighting to survive only a few days ago — a majority mandate has again become their secret ambition. Three priorities must be met to succeed.

First, they need to fashion a more direct appeal to women — whose support will make all the difference in key Ontario swing seats.

Second, they have to keep those NDP and Green voters highly motivated; any shift of support to the Liberals could undo Harper's ambitions. Expect to see Stephen Harper take the occasional swipe at Jack Layton this weekend and, at the barest hint of strategic voting, he will surely engage Elizabeth May in order to rally her troops.

Last and most important of all, the Conservatives must avoid any public discussion that a majority government could be within reach. Canadians do not want to facilitate that outcome. Mr. Harper cannot afford to set a date and send out invitations. If he wants his majority, he'll have to elope under veil of night.
James Morton

PM's audio expert says Cadman tape not altered

This is a huge story and not one getting a lot of media attention.


Cadman tape not doctored, PM's audio expert says
Alleged Bribe Attempt


SURREY, B. C. - Prime Minister Stephen Harper's own audio expert says a tape providing key evidence about an alleged bribe was not doctored as Mr. Harper has claimed.
Author Tom Zytaruk asked the Prime Minister on tape about an alleged attempt by Conservative officials to bribe independent MP Chuck Cadman.

In 2005, Cadman told his wife, Dona Cadman, that two Conservative representatives had offered him a $1-million life insurance policy in exchange for his vote in a confidence motion aimed at bringing down the Liberal government. Mr. Cadman was terminally ill at the time and died two months later.

The interview, in which Mr. Harper speaks of an offer to Mr. Cadman "to replace financial considerations he might lose during an election," has been cited by Liberals in the House of Commons and on articles posted on the Liberal party Web site as evidence that Mr. Harper knew of an alleged attempt to bribe Mr. Cadman in May, 2005, in exchange for his vote in the Commons to topple the Liberal government of the day. Mr. Harper, who denies knowing any such thing, is suing the Liberals for $3.5-million.

Full story here: http://www.nationalpost.com/news/canada/story.html?id=874195

Friday, October 10, 2008

Gasoline and diesel down sharply

In Toronto, Ottawa and Montreal gasoline is down 5.5 cents and diesel is down 4.5 cents.

In Calgary and Kamloops gasoline is down 2.1 cents

Something fun for the weekend -- new born flamingos


Economic chaos

TSX dropped over 500 points today. It's 16% down in a week.

The Federal Government will buy residential mortgages from banks to ease the lending crunch.

Sheesh.

This is an economy with 'strong fundamentals'?

Remember when $5.00 filled a tank with gas???


Documents to be produced for inspection -- when?

Under Rule 30.04(3) documents have to be produced for inspection upon request – there is a five-day requirement in the subRule. How is the five-day requirement under Rule 30.04(3) to be interpreted? 

 

One argument is that the documents to be inspected have to be produced within five days of a Request to Inspect being served. 

 

Another position could be that only a date and a time to inspect need be provided within five days. 

 

There was no case law on the issue. 

 

Master Glustein however has found the documents have to be produced within five days.  The decision is unreported but the citation is, "David Murray-Audain v. Park West Inc. and David Bishop", Ontario Superior Court of Justice, Court File No. 05-CV-286632 PD2, motion heard 29 September 2008

 

 

GM Shares at 58 year low

If GM fails we are looking at a very bad situation.

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

New Stock Market Terms

Ha ha ha

CEO --Chief Embezzlement Officer.
CFO-- Corporate Fraud Officer.
BULL MARKET -- A random market movement causing an investor to mistake himself for a financial genius.
BEAR MARKET -- A 6 to 18 month period when the kids get no allowance, the wife gets no jewelry, and the husband gets no sex.
P/E RATIO -- The percentage of investors wetting their pants as the market keeps crashing.
BROKER -- What my broker has made me.
STANDARD & POOR -- Your life in a nutshell.
STOCK ANALYST -- Idiot who just downgraded your stock.
STOCK SPLIT -- When your ex-wife and her lawyer split your assets equally between themselves.
FINANCIAL PLANNER -- A guy whose phone has been disconnected.
MARKET CORRECTION -- The day after you buy stocks.
CASH FLOW-- The movement your money makes as it disappears down the toilet.
YAHOO -- What you yell after selling it to some poor sucker for $240 per share.
WINDOWS -- What you jump out of when you're the sucker who bought Yahoo @ $240 per share.
INSTITUTIONAL INVESTOR -- Past year investor who's now locked up in a nuthouse.
PROFIT -- An archaic word no longer in use
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Door opened in bid to unseal Black documents

The Globe and Mail
Fri 10 Oct 2008
Page: A12
Section: National News
Byline: Kirk Makin
Source: JUSTICE REPORTER

Businessman Conrad Black has failed in a bid to have the Supreme Court of Canada keep a seal on documents caught up in recent legal troubles involving his global business empire.

In refusing to hear an appeal of an earlier Ontario Court of Appeal ruling in the case, the Supreme Court set in stone an important triumph for press freedom.

The ruling asserted the right of the media to challenge similar sealing orders, while at the same time paving the way for the documents in the Black case to be unsealed.

"We are pleased that the Supreme Court of Canada has not seen fit to review the Ontario Court of Appeal's decision that affirmed the principle of openness and the need for public oversight of judicial decisions," Globe and Mail lawyer Peter Jacobsen said in an interview.

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

It is not easy to hear the question on Duffy... .

It really is sad that CTV decided to release the tape of Dion trying to hear the question put.

I have been on the show in question and can say it was very hard to figure out what I was being asked -- and my language skills are not in doubt (other skill yes! but language no!).

That said, perhaps the Leader would have done better to ignore the form of question and just give a sound bite on the economy -- but the Leader is concerned to answer what's asked and not merely to mouth the same old stuff... .

In any event, Harper must be getting to edge if he is relying on this type of thing.


Dion stumbles, Harper pounces

October 10, 2008
Tonda MacCharles
Torstar News Service

WINNIPEG–A broadcast interview showing Liberal Leader Stéphane Dion struggling in English to grasp a question about the economy shows Dion is unfit to lead the country, Prime Minister Stephen Harper said last night.

ZooAtlanta Panda Cub "Rocky"


The Cub will be formally named at 100 days and is unlikely to keep the monika Rocky -- but it's a great name!

Thursday, October 9, 2008

Flocke In The Mist


Tibetans face worst injustice since Mao era

David Blair
Ottawa Citizen, Oct. 9, 2008

LONDON - Tibetans are enduring the worst repression at the hands of China since the Cultural Revolution more than three decades ago, according to the Dalai Lama's envoy in Europe.

Kelsang Gyaltsen said China's security forces had renewed a crackdown since the riots that swept Lhasa, the capital, in March.

Tibetans have been compelled to undergo "patriotic re-education," which includes forced denunciations of the Dalai Lama.

"Tibetans feel the whole region is like a giant prison. Nobody can enter and little information comes out," Mr. Kelsang said. "There is the re-emergence of an atmosphere of angst and fear, just as it was in the Cultural Revolution days."

Prime Minister Dion

It seems that Harper is using the words 'Prime Minister Dion' in order to scare voters.

I doubt anyone will be very afraid.

But this use does make three things clear:

1 The Conservative campaign is still chasing the Dow down -- this is a panic mode. They may salvage a minority but that's a lot less than they were gunning for.

2 Only the Liberal Party -- with its team of solid front bench MPs -- can be a viable alternative to the Conservative Party. The NDP is still a protest party.

3. Harper sees politics as a personal matter -- he's fighting Dion and wants to win. It's not, at base, a battle of ideas for Harper.

$1,500 a taxpayer?

Radio reports suggest that every Canadian taxpayer will pay $1,500 each for the Afghan mission. That seems too high to me -- maybe it really is $1,500 a household? Either way that's a lot of money. I still support the mission but it really is a major sacrifice in blood and wealth for Canada.

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

Gasoline is up across Canada:

In Montreal, Ottawa and Toronto gasoline is up about 2 cents and diesel is down about half a cent.

In Calgary and Kamloops gasoline is up about 1.2 cents.

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

Harper now considering a bail out of assets for Canadian banks?

Maybe it's the right thing to do but it is contrary to what we have been told is necessary.

According to an article today by the Canadian Press:

"The [finance] minister said his government is looking at steps to increase the money flow in Canada, including using the Canadian Mortgage and Housing Corporation (CMHC) to take some mortgages off the books of chartered banks, leaving them with additional assets." (Canadian Press, October 9, 2008)

The Globe and Mail also reported that under the Conservative plan, the CMHC would "absorb some of the banks' mortgages. In exchange, CMHC would give the banks securities with the CHMC stamp.. That would leave the banks with assets that other lenders, including the Bank of Canada, would be willing to accept as collateral for short-term loans. That, in turn, would allow them to increase their own ability to lend." (Globe and Mail, October 9, 2008)

When asked this morning if the Harper government was working on a plan to expand CMHC mortgage securities in order to add more liquidity in the market, the finance minister replied: "To answer your question directly, yes we are looking at additional steps that could be taken."

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

Stockmarkets continue to plummet

I had thought the worst was over ...

Dow drops below 9,000


A breathtaking 7.3 per cent drop on the Dow Jones industrial average Thursday afternoon pushed the index below 9,000 points for the first time in five years, as investors ignored massive government efforts to steady markets and stave off a global recession.

The Dow lost 678.91 points, closing at 8,579.19. General Motors led the charge lower, down 31 per cent to $4.76 (U.S.) a share – its lowest level since 1950 – as analysts warned global demand for vehicles would slump as the economy slows. The S&P 500 was down 7.6 per cent, or 75.02 points, to 909.92.

In Toronto, the S&P/TSX fell 4.5 per cent, or 456.13 points, to 9,600.18 as oil dropped $1.44 to $86.99 a barrel on the New York Mercantile Exchange. The financial sector – which only recently reclaimed its title of most-heavily-weighted stock on the index – fell over 9 points
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Appeals in wrongful dismissal matters

Appeals in wrongful dismissal matters are peculiar. Because the cases tend to be very fact specific only rarely will the appeal court intervene.

Today's decision in Beth v. Advanced Micro Devices, Inc., 2008 ONCA 686 emphasises the point.

The Court holds:


[10]          In Minott v. O'Shanter Development Co. (1999), 42 O.R. (3d) 321 at para. 62, this court discussed the standard of review in wrongful dismissal cases:

62.       This submission must be judged against the standard of appellate review of wrongful dismissal awards. Determining the period of reasonable notice is an art not a science. In each case trial judges must weigh and balance a catalogue of relevant factors. No two cases are identical; and, ordinarily, there is no one "right" figure for reasonable notice. Instead, most cases yield a range of reasonableness. Therefore, a trial judge's determination of the period of reasonable notice is entitled to deference from an appellate court. An appeal court is not justified in interfering unless the figure arrived at by the trial judge is outside an acceptable range or unless, in arriving at the figure, the trial judge erred in principle or made an unreasonable finding of fact. If the trial judge erred in principle, an appellate court may substitute its own figure. But it should do so sparingly if the trial judge's award is within an acceptable range despite the error in principle.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Judges set to determine whether trash is private

Normally there is no issue but that disposed of items can be taken by police.

A discarded coffee cup can, for example, be checked for DNA. But here there was an entry on private property -- how is taking 'trash' from my property different from taking my papers or files from my property?

The Globe and Mail
Thu 09 Oct 2008
Page: A4
Section: National News
Byline: Kirk Makin
Source: JUSTICE REPORTER

Nothing was stirring but the raccoons on Dec. 17, 2003, when Calgary police swooped down in a predawn raid to snatch Russell Patrick's garbage.

Reaching over Mr. Russell's property line, officers made off with several bags of refuse, eliciting enough evidence of a potential drug-manufacturing operation to obtain a search warrant on his house.

Shortly afterward, Mr. Patrick was charged with producing and trafficking the methamphetamine MDA, launching a classic battle over the constitutional right to privacy.

At a Supreme Court of Canada hearing tomorrow, the judges will be asked to overturn Mr. Patrick's conviction and exclude the evidence on the grounds that seizing a citizen's garbage is the mark of a police state.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

The Old Conservative Platform

Well... Paul Martin did a pretty good job with the economy ...


Helping Canadians Get Ahead

"A Conservative government will help individuals, families, and businesses get ahead by lowering taxes, rewarding effort, and making Canada a great country to do business in."

(Conservative Party of Canada Federal Election Platform 2006, p. 16)

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

Cost of Afghan war will reach $20.7-billion, group says

The government figures are coming out shortly and it seems likely they will be considerably over budget. In fairness, the strength of the Taliban is greater than expected but this added expense is not helpful right now.

CAMPBELL CLARK

Globe and Mail Update


OTTAWA — The real cost of the Afghan war will reach $20.7-billion before Canadian troops leave in 2011, according to an Ottawa-based foreign affairs organization, the Rideau Institute.

That tally includes not only the direct costs of deploying Canadian soldiers and equipment to Afghanistan, but the broader costs of health care, disability payments and the salaries of soldiers.

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

Outlook gets gloomier for Tories, polls suggest

A major problem for the Conservatives is that they tied themselves very closely to their Leader. If you look at the Conservative Platform it is "Stephen Harper's Plan for Canada"; there are 22 pictures of Harper and not a one of any other Conservative.

So long as the Leader was up that gave them strength but with Harper fading the whole Party fades.

MICHAEL VALPY

From Thursday's Globe and Mail

TORONTO — With Stephen Harper and his Conservatives losing popularity throughout most of the country, the poll-takers yesterday offered the party a gloomy diagnosis: They see few signs of improvement before voting day on Tuesday.

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

Wednesday, October 8, 2008

Gasoline Prices

In Ottawa and Montreal gasoline is unchanged and diesel is up almost one cent.

In Toronto gasoline is down .2 cent and diesel is down 1.1 cents.

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

Yom Kippur

Statement by Liberal Leader Stéphane Dion on Yom Kippur

On behalf of the Liberal Party of Canada and our parliamentary caucus, I would like to extend my best wishes to the Jewish community in Canada and around the world on Yom Kippur, the holiest day in the Jewish calendar.

The Day of Atonement is observed by many people of the Jewish faith through fasting and prayer. It is a time for family and friends to come together and reflect on the themes of atonement and repentance.

For all Canadians, this occasion allows us to highlight the values that exist at the core of our multicultural society: mutual respect and understanding. It reminds us that the strength of our country is rooted in our diversity.

As the High Holidays come to a close, we must commit to fostering this diversity to ensure our country remains a strong, peaceful society for generations to come.

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

Susan Kadis M.P. Speaks to Supporters


Central Banks Coordinate Rate Cuts

The financial chaos continues ... .

Central banks cut interest rates by half a point in international move

OTTAWA - Several of the world's central banks, including the Bank of Canada and the U.S. Federal Reserve, have cut short-term interest rates by half a percentage point in a co-ordinated international action

The Conservative Platform -- Lots of Photos of Stephen Harper




The Conservative Platform has 8,519 words, or about 20 pages of actual text.



The Platform is 44 pages in length and has 22 pictures of Stephen Harper; there are no pictures of any other Cabinet Ministers or Conservative MP’s.



Throughout the Platform is described as Stephen Harper’s Plan for Canada – it is not referred to as the Conservative Platform.



Here is a link:



http://www.conservative.ca/EN/5317/106938


Fries with that please ... oh, and a diet coke


Flocke takes a break from campaigning ...

This Nation is asking for action, and action now


Franklin Delano Roosevelt
First Inaugural Address

In this time of wild economic uncertainty I thought to re-read FDR's speech on "Nothing to Fear". It is a fine speech and one worth re-reading now:





President Hoover, Mr. Chief Justice, my friends:





This is a day of national consecration. And I am certain that on this day my fellow Americans expect that on my induction into the Presidency, I will address them with a candor and a decision which the present situation of our people impels.





This is preeminently the time to speak the truth, the whole truth, frankly and boldly. Nor need we shrink from honestly facing conditions in our country today. This great Nation will endure, as it has endured, will revive and will prosper.





So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself -- nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance.





In every dark hour of our national life, a leadership of frankness and of vigor has met with that understanding and support of the people themselves which is essential to victory. And I am convinced that you will again give that support to leadership in these critical days.



In such a spirit on my part and on yours we face our common difficulties. They concern, thank God, only material things. Values have shrunk to fantastic levels; taxes have risen; our ability to pay has fallen; government of all kinds is faced by serious curtailment of income; the means of exchange are frozen in the currents of trade; the withered leaves of industrial enterprise lie on every side; farmers find no markets for their produce; and the savings of many years in thousands of families are gone. More important, a host of unemployed citizens face the grim problem of existence, and an equally great number toil with little return. Only a foolish optimist can deny the dark realities of the moment.



And yet our distress comes from no failure of substance. We are stricken by no plague of locusts. Compared with the perils which our forefathers conquered, because they believed and were not afraid, we have still much to be thankful for. Nature still offers her bounty and human efforts have multiplied it. Plenty is at our doorstep, but a generous use of it languishes in the very sight of the supply.



Primarily, this is because the rulers of the exchange of mankind's goods have failed, through their own stubbornness and their own incompetence, have admitted their failure, and have abdicated. Practices of the unscrupulous money changers stand indicted in the court of public opinion, rejected by the hearts and minds of men.



True, they have tried. But their efforts have been cast in the pattern of an outworn tradition. Faced by failure of credit, they have proposed only the lending of more money. Stripped of the lure of profit by which to induce our people to follow their false leadership, they have resorted to exhortations, pleading tearfully for restored confidence. They only know the rules of a generation of self-seekers. They have no vision, and when there is no vision the people perish.
Yes, the money changers have fled from their high seats in the temple of our civilization. We may now restore that temple to the ancient truths. The measure of that restoration lies in the extent to which we apply social values more noble than mere monetary profit.



Happiness lies not in the mere possession of money; it lies in the joy of achievement, in the thrill of creative effort. The joy, the moral stimulation of work no longer must be forgotten in the mad chase of evanescent profits. These dark days, my friends, will be worth all they cost us if they teach us that our true destiny is not to be ministered unto but to minister to ourselves, to our fellow men.



Recognition of that falsity of material wealth as the standard of success goes hand in hand with the abandonment of the false belief that public office and high political position are to be valued only by the standards of pride of place and personal profit; and there must be an end to a conduct in banking and in business which too often has given to a sacred trust the likeness of callous and selfish wrongdoing. Small wonder that confidence languishes, for it thrives only on honesty, on honor, on the sacredness of obligations, on faithful protection, and on unselfish performance; without them it cannot live.



Restoration calls, however, not for changes in ethics alone. This Nation is asking for action, and action now.



Our greatest primary task is to put people to work. This is no unsolvable problem if we face it wisely and courageously. It can be accomplished in part by direct recruiting by the Government itself, treating the task as we would treat the emergency of a war, but at the same time, through this employment, accomplishing great -- greatly needed projects to stimulate and reorganize the use of our great natural resources.



Hand in hand with that we must frankly recognize the overbalance of population in our industrial centers and, by engaging on a national scale in a redistribution, endeavor to provide a better use of the land for those best fitted for the land.Yes, the task can be helped by definite efforts to raise the values of agricultural products, and with this the power to purchase the output of our cities. It can be helped by preventing realistically the tragedy of the growing loss through foreclosure of our small homes and our farms. It can be helped by insistence that the Federal, the State, and the local governments act forthwith on the demand that their cost be drastically reduced. It can be helped by the unifying of relief activities which today are often scattered, uneconomical, unequal. It can be helped by national planning for and supervision of all forms of transportation and of communications and other utilities that have a definitely public character.





There are many ways in which it can be helped, but it can never be helped by merely talking about it.



We must act. We must act quickly.And finally, in our progress towards a resumption of work, we require two safeguards against a return of the evils of the old order. There must be a strict supervision of all banking and credits and investments. There must be an end to speculation with other people's money. And there must be provision for an adequate but sound currency.
These, my friends, are the lines of attack. I shall presently urge upon a new Congress in special session detailed measures for their fulfillment, and I shall seek the immediate assistance of the 48 States.



Through this program of action we address ourselves to putting our own national house in order and making income balance outgo. Our international trade relations, though vastly important, are in point of time, and necessity, secondary to the establishment of a sound national economy. I favor, as a practical policy, the putting of first things first. I shall spare no effort to restore world trade by international economic readjustment; but the emergency at home cannot wait on that accomplishment.



The basic thought that guides these specific means of national recovery is not nationally -- narrowly nationalistic. It is the insistence, as a first consideration, upon the interdependence of the various elements in and parts of the United States of America -- a recognition of the old and permanently important manifestation of the American spirit of the pioneer. It is the way to recovery. It is the immediate way. It is the strongest assurance that recovery will endure.
In the field of world policy, I would dedicate this Nation to the policy of the good neighbor: the neighbor who resolutely respects himself and, because he does so, respects the rights of others; the neighbor who respects his obligations and respects the sanctity of his agreements in and with a world of neighbors.



If I read the temper of our people correctly, we now realize, as we have never realized before, our interdependence on each other; that we can not merely take, but we must give as well; that if we are to go forward, we must move as a trained and loyal army willing to sacrifice for the good of a common discipline, because without such discipline no progress can be made, no leadership becomes effective.



We are, I know, ready and willing to submit our lives and our property to such discipline, because it makes possible a leadership which aims at the larger good. This, I propose to offer, pledging that the larger purposes will bind upon us, bind upon us all as a sacred obligation with a unity of duty hitherto evoked only in times of armed strife.



With this pledge taken, I assume unhesitatingly the leadership of this great army of our people dedicated to a disciplined attack upon our common problems.



Action in this image, action to this end is feasible under the form of government which we have inherited from our ancestors. Our Constitution is so simple, so practical that it is possible always to meet extraordinary needs by changes in emphasis and arrangement without loss of essential form. That is why our constitutional system has proved itself the most superbly enduring political mechanism the modern world has ever seen.



It has met every stress of vast expansion of territory, of foreign wars, of bitter internal strife, of world relations. And it is to be hoped that the normal balance of executive and legislative authority may be wholly equal, wholly adequate to meet the unprecedented task before us. But it may be that an unprecedented demand and need for undelayed action may call for temporary departure from that normal balance of public procedure.



I am prepared under my constitutional duty to recommend the measures that a stricken nation in the midst of a stricken world may require. These measures, or such other measures as the Congress may build out of its experience and wisdom, I shall seek, within my constitutional authority, to bring to speedy adoption.



But, in the event that the Congress shall fail to take one of these two courses, in the event that the national emergency is still critical, I shall not evade the clear course of duty that will then confront me. I shall ask the Congress for the one remaining instrument to meet the crisis -- broad Executive power to wage a war against the emergency, as great as the power that would be given to me if we were in fact invaded by a foreign foe.





For the trust reposed in me, I will return the courage and the devotion that befit the time. I can do no less.



We face the arduous days that lie before us in the warm courage of national unity; with the clear consciousness of seeking old and precious moral values; with the clean satisfaction that comes from the stern performance of duty by old and young alike. We aim at the assurance of a rounded, a permanent national life.



We do not distrust the -- the future of essential democracy. The people of the United States have not failed. In their need they have registered a mandate that they want direct, vigorous action. They have asked for discipline and direction under leadership. They have made me the present instrument of their wishes. In the spirit of the gift I take it.



In this dedication -- In this dedication of a Nation, we humbly ask the blessing of God.



May He protect each and every one of us.



May He guide me in the days to come.

Conservative Majority still possible ...

LORNE GUNTER in today's Post suggests that a Conservative Majority is still possible. I hope not but he makes a very good point and one we ought to be very aware of -- now is not the time to stop working very very hard in the election:

"There are plenty of reason to think the Tories may still win a majority next Tuesday.

For instance, they only need to increase their share of the popular vote by about two percentage points from 2006 (38% up from 36%) to claim a majority of seats in the House of Commons, thanks to the fragmentation on the left. This would not be unlike 1997, when fragmentation on the right helped elect a Liberal majority with just 38% of the popular vote.

Most polls show a dip in Conservative support from 38-40% in mid-campaign to 34-36% now. Yet, since parties on the right tend to poll two or three points below their actual levels of support, the Tories are either still in majority territory or on the doorstep.

If I had to bet now, I would say Mr. Harper and his party will win a narrow majority, if only because as Tory support softens, no one party of the left has been the sole beneficiary of the migratory voters.

Here the Liberals or NDP benefit from a Tory decline, there it’s the Bloc or even the Greens. Most often, they each pick up a little, but none draws near enough new support to pose a true challenge. Just as fragmented thoughts are usually incoherent, so are fragmented oppositions"

Canada Savings Bonds issue delayed

The line is that the Government wants ensure a fair rate of return and that's hard to figure out right now. Perhaps, but remember the Bonds are one of the few safe places for money to hide at the moment.

Tuesday, October 7, 2008

Gasoline prices

In Ottawa and Toronto gasoline is up about half a cent and diesel is up 1.5 cents.

In Montreal gasoline is unchanged and diesel is up 1.2 cents.

In Calgary and Kamloops gasoline is down 4.2 cents.

Not feeling your pain -- from the Globe.com

Adam Radwanski, on Stephen Harper's lunchtime speech in Toronto today.



If we consider his audience to be the people sitting here in the Sheraton Centre's ballroom, then it was exactly the right speech. Calm, reassuring - if you're a downtown Toronto businessman with a large stock portfolio and a really good suit.



Why that would be his target audience, though, is anybody's guess. There aren't that many of these people, and they're mostly living in ridings where the Tories don't have a hope in hell. They're very useful between elections for fundraising, and it's important for governments to keep them in the loop. But with a week to go before an election, these are not the voters Stephen Harper needs.



The people he needs to reach, as various commentators on this site have already advised, are those who are worried about their jobs, their homes, and their pensions. To reach them, he can't just coldly recite the reasons our economic foundations are sound - he needs to empathize. And in today's speech, there was not a single moment of empathy.



For Harper's sake, I hope he's saving his empathy for his other outings later today. Otherwise, the Tories' slide won't be stopping any time soon.

Tory Support Slides In Quebec and Ontario -- New Polling

A week is a long time in politics.

Tory support has plunged in Quebec and the Liberals have moved into second spot behind the Bloc, with 28 per cent. The Tories, solidly in second place in the province since the campaign opened, have slipped to 19 per cent, with the NDP at 12 and the Greens at 8 per cent.

In Ontario, there has been a dramatic swing, with the Liberals regaining the lead at 34 per cent and the Conservatives falling to 26 per cent, just in front of the NDP at 24. The Greens have 15 per cent.

The electorate is volatile but I suspect a Conservative majority is no longer plausible.

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

Flocke goes for a swim


She got muddy campaigning ... .

Conservatives Copy Australian Ads

This is pretty funny.

The Conservatives seem to have no new ideas at all -- they even borrow campaign ads from others... .

Stephen Harper's gambling ads are a direct copy of the attack ads used by John Howard in his unsuccessful re-election bid in November 2007.

Here are the links to each ad:

Howard: "Don't Risk Rudd" ad:
http://www.youtube.com/watch?v=sOBQASo8vWs

Harper: "Stéphane Dion Not Worth the Risk" ad: http://www.youtube.com/watch?v=O1AqFfCBiTI

Trial judge ought to consider submissions after giving reasons

Today's Court of Appeal decision in Jamieson v. Jamieson, 2008 ONCA 675 deals with a bitter family law dispute with self represented parties.

Much of the decision is highly fact specific but one part of the decision is of interest generally and not just in the family context.

At the end of trial the Court gave oral reasons related to access. The wife immediately objected saying the decision was unworkable. The Court declined to entertain submissions saying the decision was made.

The Court of Appeal found this to be an error. The Court was not functus and ought to have heard further representations.

This last point is of broader relevance and applies equally in all areas of litigation.

The Court held:


[13] We are, however, concerned with the trial judge's disposition on the issue of access. At the conclusion of the trial, the trial judge gave oral reasons for judgment, including a schedule of access. The appellant immediately raised concerns, pointing out that the times at which access was to be granted were unworkable given the requirements of her employment and traffic considerations. The appellant indicated that both the pick up and return times were at peak traffic times and could not be complied with given her hours of work. In response to these concerns, the trial judge indicated that she did not sit in appeal of her own orders and that, subject to the order being set aside on appeal or the parties consenting to a change, she was not prepared to address the appellant's concerns.

[14] It is apparent from the concerns raised by the appellant that certain aspects of the access order were problematic and may not have been workable. The trial judge seems to have recognized this, but she was nonetheless unwilling to consider the further submissions of the appellant. At the point when the concerns were raised, the trial judge was not functus and, in our view, ought to have received further submissions on the issue from the parties and sought to address the concerns raised. This is particularly so given that the appellant was representing herself and the concerns raised appeared, on their face, to have merit. Where, as here, there is an acrimonious relationship and ongoing issues concerning the exercise of access, it is important that concerns respecting a workable access schedule be fully aired.

Edmonton man charged in abduction of 7-year-old girl who later was found safe

This man, if he is in fact guilty (and not just a "usual suspect") is a very good example of someone who should be separated from society likely forever. I got some grief yesterday from some readers who thought my comments on CTS's On the Line were too slanted towards criminals.

I may have been less than clear (I thought I was but whatever). Let me be explicit.

Some criminals cannot be rehabilitated and they need to be removed from society so as to protect people like this 7 year old girl.

But the vast majority of criminals can be rehabilitated and, regardless, are going to be released at some time back into society. We do not put people in prison forever for, say, purse snatching. So we can send someone into a jail where they are warehoused with others who have drig and mental problems; which just means they come out with new criminal assocations. Or we can try to rehabilitate them with mandatory drug treatment, mental and physical health programs and training.

This isn't weak-knee leftist stuff -- to quote a Conservative Premier. it' just "common sense".

But, where someone cannot be made safe for society I agree they should be separated forever.


Edmonton man charged in abduction of 7-year-old girl who later was found safe


EDMONTON - Police charged a 44-year-old Edmonton man Monday with kidnapping and sexually assaulting a seven-year-old girl who had been the subject of an Amber Alert the day before.

Daniel Todd Gratton was arrested without incident Monday morning at an Edmonton residence. He was also charged with sexual interference and administering a noxious substance.

The accused, who was on a long-term supervision order as imposed by the courts, was in custody awaiting a bail hearing.

Full story:

http://ca.news.yahoo.com/s/capress/081006/national/alta_child_abducted

Brake lines and abortion?

This post is speculative -- it's likely to offend some.

I have given a lot of thought to the cutting of brake lines in Dr. Carolyn Bennet's riding.

Quite a few brake lines were cut -- I have personal knowledge of one accident caused by the sabotage.

This sabotage took some skills and organisation. We are not talking about 3 teens on a spree -- this needed at least 7 or 8 people, likely more, with planning, some technical skill and the courage to go under a stranger's car in the dead of night (if caught these people face serious jail time).

Who would do this?

It needs to be some group who believes that the Liberals, or maybe just Dr. Bennet, are/is so wicked that risking others' lives is appropriate.

I thought more on it being just Dr. Bennet. Why her riding?

Certainly the saboteurs are not Conservatives -- the Conservatives are trying to do the best for Canada (as they see it) in a democratic process. Dirty tricks yes (and that is not just Conservatives -- Liberals too (sadly) have torn down lawn signs etc) but murder no. This is no ordinary election skulduggery

So who is it?

Well, Dr. Bennet is pro-choice and a doctor. Indeed, some websites say she was an abortion provider (I don't know if that's true) -- certainly she is proudly pro choice.

And what did we see across Toronto on Saturday? Anti abortion protests.

And when were the brake lines cut?

Perhaps there's a link?

Now even if the sabotage was done by people opposed to abortion that does not mean those opposing abortion are anti democratic criminals.

Indeed, the men I saw on Saturday (see the photo on this blog in an earlier post) standing in silent protest are the model of democratic action -- they withstood mockery to make a point in a strong but legitimate way. They are to be admired for their actions -- they are behaving rightly. Whether they are right or not isn't the issue; they have a right to express their views and I am glad they did.

But what I'm not glad about is that the criminals who cut brake lines are still at large.


Conservative Platform Today

Well, it's about time!

Good Morning Toronto


Toronto at sunrise

Monday, October 6, 2008

Lack of reasons in family law matters

Today's Court of Appeal decision in Jessop v. Wright, 2008 ONCA 673 raises the issue of a lack of detailed reasons in a family law decision.

The Court holds that some reasons, especially relating to the basis on which support is made, are needed particularly so that variation applications can be dealt with sensibly.

The Court holds:


[13]          We observe that the lack of comprehensive reasons given by the motion judge poses difficulties for any application to vary.  The motion judge's silence on the issue of duration of spousal support suggests the issue was not decided.  At that time, there was obviously a material uncertainty regarding the respondent's further efforts to obtain employment or retraining or self-sufficiency.  On any subsequent variation hearing, the court should consider the appropriate duration of spousal support, including whether support should be limited or unlimited, which will in turn have an impact on the amount of support. 
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Zoo Atlanta's Panda Cub Opens His Eyes


Osgoode Hall


Gasoline and Diesel price drop

In Toronto, Ottawa and Montreal gasoline prices are down about 4.5 cents and diesel prices are down nearly 5 cents.

In Calgary and Kamloops gasoline is down 2.3 cents.

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

The economy and the election ...

Who knows? The elections isn't over yet ...

Economic worries batter Tory support


OTTAWA - Stephen Harper insists he's still optimistic about Canada's economic prospects despite a pessimistic warning from top economists that the country is heading for a prolonged, severe recession.

Economic turbulence rocked the prime minister Monday as he began the final week of the federal election campaign: stock markets plunged, European countries declared recessions, there was no sign of recovery in the United States, and polls suggested Harper's steady-as-she-goes message is falling flat with voters.

Full story here: http://ca.news.yahoo.com/s/capress/081006/delection/fedelxn_main

Very Strong Alcohol -- Input from readers sought

Is anyone out there familiar with this strong green booze? What is it made of? Where does it come from? Can you run a jet on it?

Good example of quotation out of context

It is true the words "we're not going to win this war" were said -- and I bet General Carleton-Smith wishes he could have a "do-over" but when you read the comment in context you see he is being perfectly sensible. All he says is that the Taliban cannot be eliminated, only controlled, and in saying that he says nothing more than all my friends who have served with the Forces in Afghanistan have been saying since Canada went there.


British general: 'We're not going to win this war'

In an interview with The Sunday Times, the commander of British forces in Afghanistan, Brig.-Gen. Mark Carleton-Smith, suggested that NATO troops may well leave the country before an insurgency is entirely defeated.

"We're not going to win this war," he told the newspaper. "It's about reducing it to a manageable level of insurgency that's not a strategic threat and can be managed by the Afghan army."

British forces are stationed mainly in Helmand province. Canadian troops are based in Kandahar province, where there are similar problems with the Taliban.

Carleton-Smith said the NATO role is to contain the insurgency to the extent that it can be dealt with by the Afghan National Army after foreign troops leave.

Full story here:

http://news.sympatico.msn.ctv.ca/Home/ContentPosting?newsitemid=CTVNews%2f20081005%2ftaliban_negotations_081005&feedname=CTV-TOPSTORIES_V3&show=False&number=0&showbyline=True&subtitle=&detect=&abc=abc&date=True

Justice on Target

Good article out of Milton -- the Justice on Target program is long overdue.

Bid to speed up court process great news, and long overdue
Metroland - Halton Division
Section: Milton Canadian Champion
Byline: Stephanie Hounsell, Around Town
Column: 6
Dateline: Article

Week after week, month after month, sometimes even year after year; nothing but waiting, tormented by the unknown.

It must be torture for families whose lives have become wrapped up in a court case to wait sometimes years for a resolution. Unfortunately, that's all too often the case.

I'm thinking especially about the victims involved and their loved ones, but also the accused persons and their families - they are, after all, innocent until proven guilty.

Take, for example, the case of a local high school student who was killed in 2006 when she was struck by a vehicle while rollerblading near her rural Milton home.

The accused in the incident has been before the courts for more than two years. I can only imagine the added stress this would place on the family of the young woman.

So needless to say, I was glad to hear a recent announcement from Attorney General Chris Bentley that Ontario is setting targets to reduce the provincial average of days and court appearances needed to complete a criminal charge by 30 per cent over the next four years through its 'Justice on Target' strategy.

An expert panel has been formed to provide advice on how to move cases through the justice system faster.

It's no surprise that the court system has become increasingly clogged.

In the past 15 years, the length of criminal cases has nearly doubled; in 1992, cases were in the system for an average of 115 days. By last year, the number had jumped to 205 days, states a press release issued by the Ministry of the Attorney General. Two hundred and five? If only the cases I've followed had been resolved in 205 days. A quick scan of recent cases covered by the Champion show durations ranging from just over a year to three-and-a-half years.

In one case a man who pleaded guilty to child pornography was dealt with in six months, but that doesn't seem to be the norm.

Ironically enough, in the case that took three-and-a-half years, the individual was acquitted. Can you imagine being before the courts for that long before being found not guilty?

Three of the cases I'm currently following have been ongoing for a year- and- a-halfà so far.

I'm sure the backlog in courtrooms and the difficulty lawyers have scheduling court time is a multi-pronged issue. But one aspect I've personally seen is lawyers who don't arrive prepared. This leads to adjournments, with the court room then sitting empty for the rest of the day - space and time that other lawyers would jump at for their clients.

And it leads me to shake my head.

I hope the Justice on Target strategy yields results and that it's not just another example of expensive consultation that doesn't inspire change.

And I hope for the sake of all those involved that the lengthy cases I'm currently covering are soon resolved.

It's only fair.


<http://jmortonmusings.blogspot.com/>

Polls and Vote Split

Does anyone remember Reform and the Progressive Conservatives?

Remember what happened when they ran together?

They lost all the time. Big time.

They split the vote.

Now the Conservatives have fallen in the polls a bit -- they seem to be stuck around 35%. And the Liberals are next either a few points behind or more than a few points behind. Then comes the NDP.

Imagine one big riding -- call it Canada -- where there is a single seat. And the Conservatives get 34%, the Liberals get 28%, the NDP get 20% and the remainder is divided up among Bloc/Green/Whomever.

The Liberal/NDP vote is 48% but who wins? The Conservatives.

The NDP is very different from the Liberals -- we are the Centre and they are the Left but we have a risk of vote splitting and that might lead to some very unexpected results.

SO, CONSIDER YOUR VOTE CAREFUULY!

Sunday, October 5, 2008

Sam's Gone -- Last Night


Suspect flees leaving abducted Edmonton girl at gas station

EDMONTON — A seven-year-old girl who was the subject of an Amber Alert after police said she was abducted from a northside Edmonton park was abandoned by a man in a gas station after an alert attendant noticed her crying, CTV reported.

Full story here:

http://m.avantgo.com/ui?ag_url=52616e646f6d4956d48863eb0a777d12d52b0a01b652d52742ce747747163b2d6bb82746ca4c70f5c9796cdca8c85645350b4871b0d83b2149b665f6abac897c0f0fbca2b70c8b01f89e666b5c26ab56&ag_channel=4179&showNav=0&ms=globeandmail
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Jack says let's talk to the Taliban

One part of me says 'talk with men who murder women for talking to men or gays for being gay or Christians for being Christian'? Never.

But I suppose in a war negotiation is always an option and not everyone in the Taliban is the same as everyone else.

Still, we should remember why there was a war. The Afghan people deserve support in their quest to be free.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Abortion Protesters At Yonge and Steeles in Toronto


2nd attack in Edson a hoax: RCMP

Of course the effort spent on the second assault just gave the killer more chance to escape…

EDSON, Alta. -- Residents in this Alberta town are angry after police revealed that a second attack reported on a woman just three days after a local teenager was murdered was in fact a hoax.

The young woman reported that she had been accosted while walking on a trail in east Edson Tuesday afternoon. She gave a detailed description of the alleged attacker, but police said late Friday night there were no "reasonable grounds" to believe the attack occured.

Full story here: http://www.torontosun.com/news/canada/2008/10/05/6983656-sun.html

Beer Economics ...

If you had purchased $1,000.00 of Delta Air Lines stock one year ago you would have $49.00 left.

With Enron, you would have had $16.50 left of the original $1,000.00.

With WorldCom, you would have had less than $5.00 left.

But, if you had purchased $1,000.00 worth of beer one year ago, drank all of the beer, then turned in the cans for the aluminum recycling
REFUND, you would have $214.00 cash.

Based on the above, the best current investment advice is to drink heavily and recycle.

It's called the 401-Keg

Majority? Maybe Not

Canadian PM could fail to win majority in Oct 14 vote: polls

Flagging support for the Conservatives in French-speaking Quebec, and the rise of an Anything But Harper campaign ahead of the October 14 vote, is compromising the Tories' overall lead in voter support, pollsters said.

An Angus Reid poll for the Toronto Star, Canada's biggest newspaper, put support for the Conservatives at 40 percent, compared with 25 percent for the main opposition Liberals, after a week that pitted the major party leaders in televised debates.

Another public opinion poll -- by Ipsos Reid on behalf of CanWest News Service and Global National television news -- put the Conservatives at 37 percent against 23 percent for the Liberals.

But both surveys revealed a decline for Harper in Quebec, which accounts for 75 seats in the 308-seat House of Commons, which is elected in a British-style first-past-the-post system.

Ipsos Reid put Conservative support in Quebec at 18 percent, far behind 40 percent for the Bloc Quebecois, which promotes Quebec sovereignty and fields candidates only in the province.

Angus Reid equally put Bloc support in Quebec at 40 percent, with 28 percent backing Harper's conservatives.

Both polling institutes said Harper's setback in Quebec was due in large part to his government slashing 45 million Canadian dollars (30.2 million euros, 41.6 million US dollars) in cultural programs -- a move that has rattled Quebec artists.

"The actual possibility of the Tories winning a majority might be curbed because of the increased popularity of the Bloc in Quebec, or because if people start to vote strategically," said Mario Canseco, vice president of public affairs at Angus Reid.

Canseco also noted the Canada-wide rise of an Anything But Harper movement that brings together Liberals, the socialist New Democratic Party and the fledgling Greens to consider voting for anyone so long as it prevents a Conservative triumph.

Democratic process under attack in Toronto riding of St. Paul's

This is awful!!



TORONTO - The lives of citizens exercising their democratic rights in the federal election are being put at risk in the Toronto riding of St. Paul's, said Liberal Leader Stéphane Dion and Liberal Candidate for the riding, Dr. Carolyn Bennett.



"There is no place for these types of dangerous and reckless intimidation tactics in our democracy," said Mr. Dion.



Residents of the riding have reported having had their cars' brake lines cut, their phone lines cut, and graffiti spray-painted on their homes. Others have also been targets of vandalism, including graffiti and damaged lawn signs. All victims were showing their support for Dr. Bennett, Liberal candidate and former Minister of State for Public Health, by posting signs on their yards.



"These attacks sicken me," said Dr. Bennett. "I've spent my life encouraging people to get involved in the democratic process and now it would appear they are targeted for doing so. If the attacks cannot be stopped, I will be working with my supporters to remove lawn signs and asking other candidates to do the same."



Toronto police are investigating the incidents.



"This is a danger to life as well as to property. Regardless of the motivation - and there appears to be a connection (to the signs) - this is a public safety issue," Staff Sergeant Shawn Meloche told the Toronto Star.



Yesterday the Bennett campaign team spent the day phoning their supporters warning them of the targeted attacks. Dr. Bennett recorded a voice mail message for all 973 households at risk.



"What is most upsetting is that this has happened only at homes with a Carolyn Bennett sign on their lawn," Dr. Bennett said in the message. "It is appalling to me that the citizens like you, those truly engaged in our democratic process, have been targeted."

National Consumer Group of Blind Canadians Condemns the Movie Blindness

October 3, 2008

The Alliance for Equality of Blind Canadians strongly condemns the
inaccurate and harmful depiction of what life is like after losing the
ability to see offered in the movie "Blindness". "Blindness", based on the
Jose Saramago novel of the same name, was released in theaters across North
America on Friday, October 3. The film tells the story of the chaos and
degradation that ensues when an epidemic of blindness begins sweeping an
unnamed city. The blind characters are portrayed as utterly helpless and
incompetent, incapable of dressing themselves, cleaning themselves, and
orienting themselves to their surroundings.

The AEBC asserts that negative and misguided conceptions about what it means
to be blind are largely responsible for the low employment rate,
under-education, and high incidence of poverty that so many blind Canadians
face in this country.

The fear of becoming blind is second only to the fear of developing cancer.
Many people imagine that becoming blind inevitably means a life of
dependency and the loss of self-worth. These are the same messages that
will be presented to viewers of the film. Contrary to these misconceptions,
blind, deaf-blind, and partially-sighted Canadians:

* go to school, work, volunteer, and participate in community activities
* live interdependently with friends, family, and other Canadians
* adjust to being blind and lead fulfilling lives

"This film is only going to perpetuate the misconceptions most people
already have about blindness. We want Canadians to know that the portrayal
of blindness in the movie is inaccurate and based on misunderstandings about
what it is like to be blind", says Marc Workman, AEBC's National Secretary.

What many film-goers will not be told is that, with proper training,
appropriate services, and freedom from prejudice and discrimination, blind
Canadians are capable of participating fully along side their fellow
citizens.

"What disturbs me is the distorted picture people are being given. Many
will walk away from the film thinking that blindness can be nothing other
than a tragedy. We're telling Canadians that this is false", says John Rae,
AEBC's First Vice President.

We're asking Canadians not to watch this film. We need help to send the
message that these misinformed, inaccurate, and harmful portrayals of
blindness are unacceptable. For those that do see the film, we want you to
understand that blind, deaf-blind, and partially-sighted Canadians lead
active lives and participate in their communities.

The Alliance for Equality of Blind Canadians is Canada's largest advocacy
organization made up of blind, deaf-blind, and partially-sighted Canadians
speaking on their own behalf. For more information, visit
www.blindcanadians.ca.

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