Bob Rae gearing up for Liberal leadership race
Bob Rae said Friday he will be a candidate for the Liberal leadership and strongly rejected persistent rumours that he was backing away from a run at the party's top job.
"I have every intention of being a candidate, I have expressed that very directly to my leader, Mr. Dion," Rae told CTV's Mike Duffy Live on Friday afternoon.
Rae has reportedly sent a letter to Dion asking that he be relieved from his duties as foreign affairs critic, so he could concentrate on his leadership run.
Rae has also started to mobilize his campaign machinery, and he held a conference call Friday afternoon with about 60 organizers from across the country.
Story here:
http://news.sympatico.msn.ctv.ca/abc/home/contentposting.aspx?isfa=1&feedname=CTV-TOPSTORIES_V3&showbyline=True&newsitemid=CTVNews%2f20081031%2frae_leadership_081031
Saturday, November 1, 2008
Third blast rocks B.C. pipeline
So far the damage has been minor and no one hurt but blowing up sour gas wells is not a good idea.
WENDY STUECK
Globe and Mail Update
VANCOUVER — A third attack has been discovered on a pipeline in the Dawson Creek area of northeastern British Columbia.
The target was a natural gas wellhead about 12 kilometres northwest of Tomslake, a small town near Dawson Creek.
A small amount of gas leaked, but the public is not in danger, the RCMP said in a statement. EnCana engineers were containing the leak, and the blast was in a rural, isolated area.
The blast site was discovered about 12:30 p.m. PT Friday.
EnCana spokeswoman Rhona DelFrari said there was “very minimal damage.”
“There are residents in the area but no one even living close enough that they would fall into our emergency response plan,” she said.
EnCana community representative Brian Lieverse, reached as he was driving to the scene, would not speculate on whether it was industrial sabotage or a Halloween prank.
“We are concerned,” Mr. Lieverse said.
The first two blasts occurred in October after local newspapers received a handwritten letter demanding that oil and gas interests leave the area.
Although residents had been on edge over the possibility of another attack, news of the damage at the third site still came as a surprise, said Cliff Calliou, chief of the nearby Kelly Lake Cree Nation.
“I was surprised; it is a surprise that someone would do that,” said Mr. Calliou, who lives in Kelly Lake, a small community in an area criss-crossed by pipelines.
“It's someone going and challenging the law, and it's really a serious matter.”
The attacks have targeted EnCana pipelines that carry sour gas – natural gas that contains hydrogen sulphide, which has a characteristic rotten-egg smell at lower concentrations and can be lethal at higher concentrations.
Several Kelly Lake residents have been questioned in connection with the pipeline investigation, Mr. Calliou said.
Members of the blast investigation team last week travelled to Alberta to arrest a man on outstanding B.C. warrants. The RCMP have not said whether the man, 21-year-old Kelly Lake resident Ian Gladue, is a suspect or a person of interest in the investigation.
new ends hereThe attacks have resulted in both EnCana and RCMP stepping up security around natural gas facilities.
Calgary-based EnCana is a major player in the region. The company's Steeprock plant, a $60-million processing facility opened in 2006, was the biggest such plant to be built in B.C. in a decade.
EnCana has been operating in the area for about 14 years. The company says its sour gas pipelines are equipped with automatic emergency shutdown valves that would “shut in,” or contain, an affected part of a pipeline if a change in pressure – from, for example, a rupture resulting from an explosion – were detected.
The RCMP's anti-terrorist unit, the Integrated National Security Enforcement Team, has taken the lead in the investigation because the attacks were directed at Canada's critical infrastructure, the force says.
In October, the RCMP took the unusual step of ruling out convicted bomber Wiebo Ludwig as a suspect, after media reports quoted Mr. Ludwig saying that he had spoken to police and was not a suspect in the investigation.
Mr. Ludwig lives on a commune-style property near Hythe, close to the B.C.-Alberta boundary and about an hour's drive from the area where the recent blasts occurred.
He was released from jail in 2001 after serving 19 months of a 28-month sentence for charges related to bombings and other vandalism of oil and gas wells in Alberta in the 1990s.
The attacks have brought back memories of Mr. Ludwig's anti-industry campaign in Alberta and triggered speculation there could be some connection between him and the incidents in B.C.
The Peace River area has been the focus of intense oil and gas activity for the past several years, with BP Canada planning to drill 132 new wells near Kelly Lake and the building of EnCana's $60-million Steep Rock gas plant in 2006. Along with all this activity have come growing concerns voiced by area residents.
Landowners near the hamlet of Tomslake, 28 kilometres south of Dawson Creek, protested on a gas-industry access road this summer and the Kelly Lake Cree Nation blockaded a road for two days to underline their safety concerns.
Investigators are at the latest blast site and the RCMP have set up a tip line in relation to the investigation.
WENDY STUECK
Globe and Mail Update
VANCOUVER — A third attack has been discovered on a pipeline in the Dawson Creek area of northeastern British Columbia.
The target was a natural gas wellhead about 12 kilometres northwest of Tomslake, a small town near Dawson Creek.
A small amount of gas leaked, but the public is not in danger, the RCMP said in a statement. EnCana engineers were containing the leak, and the blast was in a rural, isolated area.
The blast site was discovered about 12:30 p.m. PT Friday.
EnCana spokeswoman Rhona DelFrari said there was “very minimal damage.”
“There are residents in the area but no one even living close enough that they would fall into our emergency response plan,” she said.
EnCana community representative Brian Lieverse, reached as he was driving to the scene, would not speculate on whether it was industrial sabotage or a Halloween prank.
“We are concerned,” Mr. Lieverse said.
The first two blasts occurred in October after local newspapers received a handwritten letter demanding that oil and gas interests leave the area.
Although residents had been on edge over the possibility of another attack, news of the damage at the third site still came as a surprise, said Cliff Calliou, chief of the nearby Kelly Lake Cree Nation.
“I was surprised; it is a surprise that someone would do that,” said Mr. Calliou, who lives in Kelly Lake, a small community in an area criss-crossed by pipelines.
“It's someone going and challenging the law, and it's really a serious matter.”
The attacks have targeted EnCana pipelines that carry sour gas – natural gas that contains hydrogen sulphide, which has a characteristic rotten-egg smell at lower concentrations and can be lethal at higher concentrations.
Several Kelly Lake residents have been questioned in connection with the pipeline investigation, Mr. Calliou said.
Members of the blast investigation team last week travelled to Alberta to arrest a man on outstanding B.C. warrants. The RCMP have not said whether the man, 21-year-old Kelly Lake resident Ian Gladue, is a suspect or a person of interest in the investigation.
new ends hereThe attacks have resulted in both EnCana and RCMP stepping up security around natural gas facilities.
Calgary-based EnCana is a major player in the region. The company's Steeprock plant, a $60-million processing facility opened in 2006, was the biggest such plant to be built in B.C. in a decade.
EnCana has been operating in the area for about 14 years. The company says its sour gas pipelines are equipped with automatic emergency shutdown valves that would “shut in,” or contain, an affected part of a pipeline if a change in pressure – from, for example, a rupture resulting from an explosion – were detected.
The RCMP's anti-terrorist unit, the Integrated National Security Enforcement Team, has taken the lead in the investigation because the attacks were directed at Canada's critical infrastructure, the force says.
In October, the RCMP took the unusual step of ruling out convicted bomber Wiebo Ludwig as a suspect, after media reports quoted Mr. Ludwig saying that he had spoken to police and was not a suspect in the investigation.
Mr. Ludwig lives on a commune-style property near Hythe, close to the B.C.-Alberta boundary and about an hour's drive from the area where the recent blasts occurred.
He was released from jail in 2001 after serving 19 months of a 28-month sentence for charges related to bombings and other vandalism of oil and gas wells in Alberta in the 1990s.
The attacks have brought back memories of Mr. Ludwig's anti-industry campaign in Alberta and triggered speculation there could be some connection between him and the incidents in B.C.
The Peace River area has been the focus of intense oil and gas activity for the past several years, with BP Canada planning to drill 132 new wells near Kelly Lake and the building of EnCana's $60-million Steep Rock gas plant in 2006. Along with all this activity have come growing concerns voiced by area residents.
Landowners near the hamlet of Tomslake, 28 kilometres south of Dawson Creek, protested on a gas-industry access road this summer and the Kelly Lake Cree Nation blockaded a road for two days to underline their safety concerns.
Investigators are at the latest blast site and the RCMP have set up a tip line in relation to the investigation.
St Thomas Aquinas, sin and puppy training
Anyone who has raised a puppy knows that dogs can be trained. After proper training a puppy knows, in a sense, right from wrong.
Now the 'right' and 'wrong' may be purely contingent positive commandments imposed by humans -- it is hard to explain any deep morality as to why a dog ought not sleep on a sofa but for most dogs that is ingrained as 'wrong' -- but the training is effective.
That said, a dog that disobeys training, while subject to punishment, is not criminal. Indeed, the very concept of crime (except in the strictest of positivist senses) is meaningless when applied to animals. An animal cannot be 'criminal' -- animals may be cruel but they cannot be wicked.
But why is crime a meaningful concept for people? Why do we insist on there being a moral component to criminal actions?
Only because, at some level, we assume an Aristotelian view of humanity and accept there is a natural law that humans can follow by use of reason. Put otherwise, to follow St Thomas Aquinas, sin is a violation of divine law while also being an error contrary to reason. And there is something known as sin and humans, as opposed to puppies, can sin.
Humans can, through reason and the aid of tradition, follow the will of G-d and be righteous. Actions are right in themselves because the promote the proper end, or goal, of human life and those actions are approved by G-d. Actions that are malum in se are contrary to the proper end of human experience and are, accordingly, sins. The proper end of human life is a life that fulfils the capacities of rational human nature.
Obviously the fulfilment of the rational capacities of humans is beyond the ability of any animal and so sin, or crime, is limited to humans.
But here a question arises -- are most, or even many, people such as to be able to exercise rational choice? Do most of the people going through our criminal system have even a slim capacity to make rational choices about anything more than a day or two distant? Perhaps, as with the puppy, a criminal's actions are defined by their strongest passion? And if so, punishment may control conduct (through fear), but reason has little to do with decision making except in the most instrumental sense.
It is an ignoble thought that humans are not different in quality from animals. And some humans are clearly able to exercise reason -- Aquinas or Maimonides could sin because they could reason and control their will through reason, but such men as these are seldom seen in Canadian criminal courts.
If criminals cannot be said to act rationally then crime cannot be reasonably coupled to morality except perhaps as a method of added punishment. The 'sin' of crime is, at most, a way of adding to the punishment by claiming divine disapproval. Crime prevention should focus on what, if anything, would deter the non-rational criminal.
This might lead to re-education in place of a jail term. Or it might lead to punishment being replaced altogether by something else entirely. The point is not to coddle the criminal but to ask what will stop crime? This is a matter of social engineering and not morality.
Put otherwise, if your puppy pees in the front hall, what is more effective, (a) wacking the puppy's nose with a newspaper or (b) lecturing the puppy on the obligations of dogs in a household of responsible and self actualized beings?
Zimbabwe gets worse -- hard to believe but true
As usual, Al Jezeera has the best coverage of Africa. See their story below on the worsening situation in Zimbabwe.
Amnesty deplores Zimbabwe plight
Amnesty has interviewed several Zimbabweans who were beaten prior to the presidential election.
Human rights violations are going unpunished and the food crisis is worsening amid Zimbabwe's unresolved political stalemate, Amnesty International has said.
New findings by the London-based rights group on Friday painted a grim picture of Zimbabwe, as Robert Mugabe, the country's president, and Morgan Tsvangirai, the opposition leader, fight over forming a unity government.
The Amnesty report said no one had been held accountable for the beatings, torture and other rights violations that occurred before the June presidential election even though most victims could identify their attackers.
But Christopher Mutsvangwa, a spokesperson for ruling Zanu-PF party, dismissed the report, saying that Amnesty International was resorting to baseless propaganda.
Mutsvangwa said the report didn't reflect ground realities, accusing Amnesty International of being a "sidekick of the British".
Story here: http://english.aljazeera.net/news/africa/2008/10/2008103185817299417.html
Amnesty deplores Zimbabwe plight
Amnesty has interviewed several Zimbabweans who were beaten prior to the presidential election.
Human rights violations are going unpunished and the food crisis is worsening amid Zimbabwe's unresolved political stalemate, Amnesty International has said.
New findings by the London-based rights group on Friday painted a grim picture of Zimbabwe, as Robert Mugabe, the country's president, and Morgan Tsvangirai, the opposition leader, fight over forming a unity government.
The Amnesty report said no one had been held accountable for the beatings, torture and other rights violations that occurred before the June presidential election even though most victims could identify their attackers.
But Christopher Mutsvangwa, a spokesperson for ruling Zanu-PF party, dismissed the report, saying that Amnesty International was resorting to baseless propaganda.
Mutsvangwa said the report didn't reflect ground realities, accusing Amnesty International of being a "sidekick of the British".
Story here: http://english.aljazeera.net/news/africa/2008/10/2008103185817299417.html
Friday, October 31, 2008
The Trouble With Bail
The double-murder of Saramma Varghese, 65, and her daughter Susan John, 43, in their GTA home earlier this month shocked Ontario. The accused was on bail while awaiting trial for two vicious attacks on strangers in a 12-hour rampage two years ago. Opposition Leader Bob Runciman has called for an inquiry and the Legislature is in an uproar. But the focus of the uproar is misplaced; the problem with bail is not how it is implemented but rather with the criminal system itself.
A basic premise of Canadian law is that a person charged with a crime is presumed innocent until proven guilty. Bail is intended to recognize that presumption and allow people who are charged with an offence to continue in their daily lives until and unless they are convicted and sentenced. In fact, bail is so important that the Canadian Constitution provides “Any person charged with an offence has the right... not to be denied reasonable bail without just cause”.
But the presumption of innocence does not require that bail must always be granted to every person charged with an offence. Bail is not allowed to people who are likely to run off, commit other crimes while on release, or whose crimes are so shocking as to make their release scandalous. Bail requires a balancing of the rights of an accused and the safety of society. And it is that balancing that is set awry by delays in the criminal system as a whole.
Bail was designed nearly 140 years ago to deal, in a summary fashion, with release of accused during the brief period between arrest and trial. Legislative amendment since 1869 has updated the law but not changed its fundamental premises. Justices of the Peace considering bail do the best they can – but they consider bail in a context of the late 1860’s.
The trouble is that bail is intended to be a brief interim step in the process leading to trial. But time between arrest and trial is no longer brief. It is common to see cases where the crimes alleged took place five years or more before the trial. As late as 1965, an Ontario capital murder involved a murder in January, full trial with jury in June and Court of Appeal decision in November. Less significant cases moved even faster and such records as remain suggest that minor matters are often disposed of within a month of the offence. Indeed, in the 1960’s shoplifting cases in Toronto were sometimes tried the same week as the offence.
Today we have a completely different situation. The opening paragraph of a recent decision at the Ontario Court of Appeal, Walizadah, says it all:
The appellant … was tried before [a judge and jury] in Toronto for [first degree murder occurring] on December 30, 1999. The trial commenced on November 19, 2002. On April 4, 2003, he was convicted as charged.
The Decision of the Court of Appeal was granted July 12, 2007, about 6 ½ years after the murder. Note that the trial lasted about five months.
The enormous system delays make the decision to grant or deny bail vastly more important than ever before. Failure to grant bail can send an innocent accused to jail for years; granting bail wrongly puts society at terrible risk. The decision to grant bail, inevitably, is colored by the realization that a refusal to grant bail can lead to a lengthy prison sentence for someone who has not been, and may not be, convicted of a crime. The only way to fix this problem is to make the system move faster.
The underlying federal legislation governing bail needs to be revised to protect society and the rights of accused. This will require ensuring that criminal trials really do take place promptly and that will require an overhaul to the system as a whole. More than mere tinkering is needed. We have to accept that a speedy trial is essential to having a fair justice system and the failure to move cases along puts everyone, not just the accused, at risk.
Changes can be made. Ontario’s “Justice on Target” shows what can be done locally but we need federal leadership. The need to change our system is not a matter of being “tough on crime” or politics at all – it is a matter making the system work. We know what must be done; we now need the courage to do it.
A basic premise of Canadian law is that a person charged with a crime is presumed innocent until proven guilty. Bail is intended to recognize that presumption and allow people who are charged with an offence to continue in their daily lives until and unless they are convicted and sentenced. In fact, bail is so important that the Canadian Constitution provides “Any person charged with an offence has the right... not to be denied reasonable bail without just cause”.
But the presumption of innocence does not require that bail must always be granted to every person charged with an offence. Bail is not allowed to people who are likely to run off, commit other crimes while on release, or whose crimes are so shocking as to make their release scandalous. Bail requires a balancing of the rights of an accused and the safety of society. And it is that balancing that is set awry by delays in the criminal system as a whole.
Bail was designed nearly 140 years ago to deal, in a summary fashion, with release of accused during the brief period between arrest and trial. Legislative amendment since 1869 has updated the law but not changed its fundamental premises. Justices of the Peace considering bail do the best they can – but they consider bail in a context of the late 1860’s.
The trouble is that bail is intended to be a brief interim step in the process leading to trial. But time between arrest and trial is no longer brief. It is common to see cases where the crimes alleged took place five years or more before the trial. As late as 1965, an Ontario capital murder involved a murder in January, full trial with jury in June and Court of Appeal decision in November. Less significant cases moved even faster and such records as remain suggest that minor matters are often disposed of within a month of the offence. Indeed, in the 1960’s shoplifting cases in Toronto were sometimes tried the same week as the offence.
Today we have a completely different situation. The opening paragraph of a recent decision at the Ontario Court of Appeal, Walizadah, says it all:
The appellant … was tried before [a judge and jury] in Toronto for [first degree murder occurring] on December 30, 1999. The trial commenced on November 19, 2002. On April 4, 2003, he was convicted as charged.
The Decision of the Court of Appeal was granted July 12, 2007, about 6 ½ years after the murder. Note that the trial lasted about five months.
The enormous system delays make the decision to grant or deny bail vastly more important than ever before. Failure to grant bail can send an innocent accused to jail for years; granting bail wrongly puts society at terrible risk. The decision to grant bail, inevitably, is colored by the realization that a refusal to grant bail can lead to a lengthy prison sentence for someone who has not been, and may not be, convicted of a crime. The only way to fix this problem is to make the system move faster.
The underlying federal legislation governing bail needs to be revised to protect society and the rights of accused. This will require ensuring that criminal trials really do take place promptly and that will require an overhaul to the system as a whole. More than mere tinkering is needed. We have to accept that a speedy trial is essential to having a fair justice system and the failure to move cases along puts everyone, not just the accused, at risk.
Changes can be made. Ontario’s “Justice on Target” shows what can be done locally but we need federal leadership. The need to change our system is not a matter of being “tough on crime” or politics at all – it is a matter making the system work. We know what must be done; we now need the courage to do it.
Missile strike in Pakistan
Suspected US missile strikes kill 27 in Pakistan
DERA ISMAIL KHAN, Pakistan – Suspected U.S. missiles slammed into two villages close to the Afghan border on Friday, killing 27 people including an Arab al-Qaida operative and other foreign militants, intelligence officials said.
The al-Qaida member was identified as Abu Kasha Iraqi, the officials said on condition of anonymity because they were not authorized to speak to the media.
Story here:
http://news.yahoo.com/s/ap/20081031/ap_on_re_as/as_pakistan
DERA ISMAIL KHAN, Pakistan – Suspected U.S. missiles slammed into two villages close to the Afghan border on Friday, killing 27 people including an Arab al-Qaida operative and other foreign militants, intelligence officials said.
The al-Qaida member was identified as Abu Kasha Iraqi, the officials said on condition of anonymity because they were not authorized to speak to the media.
Story here:
http://news.yahoo.com/s/ap/20081031/ap_on_re_as/as_pakistan
Speeding Muppet???
Jim Henson’s Animal behind the wheel
Police baffled at speed-driving Muppet
Police baffled at speed-driving Muppet
There’s driving like an animal, and there’s driving like an Animal. And police in Bayreuth, Bavaria are scratching their heads over someone doing the latter.
Animal from The Muppet Show has repeatedly been spotted speeding in an Audi with British licence plates, reports Ninemsn.com.au. Well, kind of.
Since Bavarian speed cameras are trained to zoom in on left-hand drive cars, and the British vehicle is a right-hand drive one, pictures show what appears to be the grinning plush toy of the frenetic drummer careening down city streets.
Story here:
Damages in catastrophic personal injury case
In Aberdeen v. Zanatta, 2008 BCCA 420 (released earlier this week) the
After trial an appeal was taken from liability and quantum portions of trial judgment.
The trial judge found not to have properly addressed issue of contributory negligence and an appeal regarding contributory negligence was allowed.
The trial judge not shown to have erred in assessment of damages for future care. In considering the damage issue the Court reviewed the principles of damage calculation in a catastrophic case.
The relevant passages of the decision are below:
[40] By far the majority of the trial judge’s reasons dealt with the quantum of damages in this catastrophic case. He began by noting the parties’ disagreement as to the meaning of “full” compensation, as that term was used by the Supreme Court of Canada in Andrews v. Grand & Toy Alberta Ltd. [1978] 2 S.C.R. 229. Beginning at para. 87, he described the debate in various older English authorities between the concept of restitutio in integrum as a goal of damage awards for personal injuries, as opposed to the concept of “fair and reasonable” compensation, which considers both the plaintiff’s and the defendants’ perspectives. Although in Andrews the Supreme Court of Canada clarified that “full compensation” is the governing principle, the trial judge here stated that Dickson J.’s judgment still retained “the qualification that compensation must be moderate and fair to both parties.” In the trial judge’s words (at para. 114):
… While stating that there is no duty to mitigate, in the sense of accepting less than a real loss, he [Dickson J.] emphasized that “there is a duty to be reasonable,” and that there cannot be “complete” or “perfect” compensation (at ¶ 26). Later, he clarified that fairness to the defendant was to be achieved by ensuring that the claims against him are “legitimate and justifiable” (at ¶ 33).
[41] Andrews was interpreted by McLachlin J. (then of the Supreme Court of British Columbia) in Milina v. Bartsch (1985) 49 B.C.L.R. (2d) 33, a judgment that has withstood the test of time. It concerned a plaintiff who had suffered paralysis from his neck down with the exception of his diaphragm. McLachlin J. summarized the principles relating to the assessment of damages for future care costs as follows:
1. The fundamental governing precept is restitutio in integrum. The injured person is to be restored to the position he would have been in had the accident not occurred, insofar as this can be done with money. This is the philosophical justification for damages for loss of earning capacity, cost of future care and special damages.
2. For those losses which cannot be made good by money, damages are to be awarded on a functional basis to the end of providing substitute pleasures for those which have been lost. This is the philosophical justification for awarding damages for non-pecuniary loss.
3. The primary emphasis in assessing damages for a serious injury is provision of adequate future care. The award for future care is based on what is reasonably necessary on the medical evidence to promote the mental and physical health of the plaintiff. [At 78; emphasis added.]
[42] McLachlin J. then considered two specific questions that affect the assessment of future care costs, namely the proper manner of making the calculation so as to avoid duplication; and second, whether there must be “medical justification” of care costs. On the latter issue, she noted the plaintiff’s argument in the case before her that the award for future care should encompass the costs of items that could be used by the plaintiff “in substitution for the pleasures of life taken from him by his injury.” The defendants on the other hand contended that medical justification must be shown for all components of the award, and that insofar as it serves only as solace by providing “substitute pleasures” it falls under the heading of non-pecuniary loss rather than future care costs. McLachlin J. concluded that the authorities supported the defendant’s position. She quoted in this regard from Andrews and its companion case,
If there was any doubt as to whether the award for cost of future care must be justified on a medical basis, it was dispelled by MacDonald v. Alderson, [1982] 3 W.W.R. 385, leave to appeal to the Supreme Court of Canada refused. In that case it was suggested that the plaintiff, a quadriplegic, should be awarded sufficient funds to purchase and maintain his own house on the non-medical grounds that this would give him a greater sense of " 'autonomy, privacy, financial stability and pride of ownership … and greater opportunities for gardening, owning a pet, and more space for hobbies' ". The Manitoba Court of Appeal rejected this evidence as "subjective theorizing" and reduced the award made at trial. The test for determining the appropriate award under the heading of cost of future care, it may be inferred, is an objective one based on medical evidence.
These authorities establish (1) that there must be a medical justification for claims for cost of future care; and (2) that the claims must be reasonable. On the latter point, Dickson J. stated in Andrews at p. 586:
| An award must be moderate, and fair to both parties … But, in a case like the present, where both courts have favoured a home environment, "reasonable" means reasonableness in what is to be provided in that home environment. | |
This then must be the basis upon which damages for costs of future care are assessed.
It follows that I must reject the plaintiff's submission that damages for cost of future care should take into account the cost of amenities which serve the sole function of making the plaintiff's life more bearable or enjoyable. The award for cost of care should reflect what the evidence establishes is reasonably necessary to preserve the plaintiff's health. At the same time, it must be recognized that happiness and health are often intertwined. [At 83-4; emphasis added.]
[43] The trial judge in the case at bar noted that as in Milina, the plaintiff was urging a “functional approach to replacing what has been lost to make full compensation”, while the defendants were urging a “medical justification approach to urge that awards not be made for certain items that the plaintiff is unlikely to use … or that are experimental.” In the trial judge’s view, the principle of full compensation set out in Andrews did not provide a “complete answer” to this problem. In his analysis:
Andrews clarified the law by making clear that “fair and reasonable” compensation should not be used to reduce pecuniary compensation, nor to make the plaintiff make do with care at a level lower than that indicated by the medical evidence simply because that would be cheaper for the defendants. However, Dickson J. made clear in Andrews that the Court had been forced by counsel to choose between 24-hour home care and institutionalization – an unacceptable alternative. He did not address how choices are to be made between acceptable alternatives to make full compensation.
Thus, I think the solution is to consider “full” compensation espoused in Andrews in the context of the more pragmatic and widely-followed test set out in Milina, namely that there should be medical justification for a cost of future care expense, and the expense must be reasonable. In this sense, the inquiry is more directed to the fact-based determination of whether each individual item is medically justified, rather than approaching the question from a purely functional analysis of whether a particular item will make the plaintiff whole again. The difference is in many respects semantic, but the former question maintains the focus on the pecuniary loss aspect of the cost of future care, and helps to prevent the Court from extending the award to fulfill the non-pecuniary goal of providing solace for what has been lost. Even in Andrews, Dickson J. recognized that restitutio in integrum was not possible (at ¶ 25). If the plaintiff fails to demonstrate that a particular future care item is medically justified, the plaintiff in essence has failed to prove his damages, and therefore cannot receive compensation on that ground. That said, the analysis of what is “medically justified” is not as narrow as what is “medically necessary,” and all of the parties agree with this proposition. [At paras. 119-20; emphasis added.]
Renewed fighting in Congo
There has not been much Canadian coverage of the renewed war (and it is a war) in Congo. The situation is very bad. Here is today's BBC report -- also good coverage from Al Jezeera online.
'Human catastrophe' grips Congo
Killings, rapes and looting have been reported around Goma
Fierce fighting between government and rebel forces in the Democratic Republic of Congo has caused a humanitarian catastrophe, the Red Cross has said.
It said the number of displaced people was growing by the hour and that the precarious security situation was making it difficult to deliver aid.
Intense diplomatic efforts are under way to end the crisis, which has displaced a total of 250,000 people.
A tense ceasefire is holding in the eastern city of Goma.
Story here:
Ontario cities bailed out on welfare costs and court security costs
KAREN HOWLETT and JENNIFER LEWINGTON
Globe and Mail
Update Fri, 31 Oct 2008 09:53 EDT
Globe and Mail
Update Fri, 31 Oct 2008 09:53 EDT
The Ontario government will relieve the province's cities of responsibility for welfare costs beginning in 2010 under a landmark agreement that will see them receive benefits totalling $1.5-billion a year when fully implemented by 2018.
The McGuinty government will assume all social assistance benefits and security costs from cities. But the 10 years for move to reach its full effect is much longer than cities had initially hoped.
Story: http://m.avantgo.com/ui?ag_url=52616e646f6d4956abf0300ecbf5802fc37257676d55b7f13f247f781a368bc832ea372eacd82bfa6f320223bd2642ae9664f9a2d0cd5b75cbc706257726d46a3f4f5e46290bbbd205f2f3f32f475c2e&ag_channel=4179&showNav=0&ms=globeandmail
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Christmas is coming!
Next weekend is the first Santa Claus parade in Ontario ... .
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Surprise vault of rookie MP into health portfolio raises eyebrows
My guess is the appointment is based on geography and gender balance -- I doubt it says much about the importance of the ministry to the Conservatives.
Surprise vault of rookie MP into health portfolio raises eyebrows
Sue Bailey, THE CANADIAN PRESS
OTTAWA - Rookie MP Leona Aglukkaq's dramatic leap from a rocky stint in Nunavut politics to federal health minister raised eyebrows and a few alarms Thursday.
"At first blush, it signifies to me the lack of importance that the federal government pays to health care," said Sid Ryan, general vice-president of the Canadian Union of Public Employees.
"There's a massive drive by the doctors' associations . . . to attack medicare and to attempt to privatize it. You put in somebody that's got no experience, and it just makes it all the more easy.
"And I don't really think the Tories have got much interest in defending the (Canada Health) Act to begin with."
Prime Minister Stephen Harper's government has taken a pointedly hands-off approach to medicare, treating it as a largely provincial matter even as it transfers billions of dollars in yearly federal cash to help fund it.
Former minister Tony Clement, who was promoted to Industry as Harper shuffled his cabinet Thursday, barely registered on the political radar during his tenure in Health.
Medicare advocates are now asking whether the cabinet appointment of a federal neophyte speaks volumes about Conservative commitment.
Full story:
http://healthandfitness.sympatico.msn.ca/News/ContentPosting?newsitemid=68482032&feedname=CP-HEALTH&show=False&number=0&showbyline=True&subtitle=&detect=&abc=abc&date=False
Surprise vault of rookie MP into health portfolio raises eyebrows
Sue Bailey, THE CANADIAN PRESS
OTTAWA - Rookie MP Leona Aglukkaq's dramatic leap from a rocky stint in Nunavut politics to federal health minister raised eyebrows and a few alarms Thursday.
"At first blush, it signifies to me the lack of importance that the federal government pays to health care," said Sid Ryan, general vice-president of the Canadian Union of Public Employees.
"There's a massive drive by the doctors' associations . . . to attack medicare and to attempt to privatize it. You put in somebody that's got no experience, and it just makes it all the more easy.
"And I don't really think the Tories have got much interest in defending the (Canada Health) Act to begin with."
Prime Minister Stephen Harper's government has taken a pointedly hands-off approach to medicare, treating it as a largely provincial matter even as it transfers billions of dollars in yearly federal cash to help fund it.
Former minister Tony Clement, who was promoted to Industry as Harper shuffled his cabinet Thursday, barely registered on the political radar during his tenure in Health.
Medicare advocates are now asking whether the cabinet appointment of a federal neophyte speaks volumes about Conservative commitment.
Full story:
http://healthandfitness.sympatico.msn.ca/News/ContentPosting?newsitemid=68482032&feedname=CP-HEALTH&show=False&number=0&showbyline=True&subtitle=&detect=&abc=abc&date=False
Thursday, October 30, 2008
Canadian heros
This is real bravery. Regardless of your faith, or lack thereof, John and Eloise Bergen are real heros.
Missionaries have '2M reasons' to return to Kenya
Two missionaries from B.C. who were viciously attacked with machetes at their home in Kenya say they must return to the eastern African country to help the millions of orphans who live in dire circumstances.
John and Eloise Bergen were beaten by a group of men last July 9 in their home in Kitale, southwest of Nairobi.
Eloise, 65, was repeatedly raped during the ordeal and was left with a broken jaw and severe wounds to her face. Seventy-year-old John sustained a fractured skull and severe wounds to his face, hands and legs.
Story:
http://news.sympatico.msn.ctv.ca/Home/ContentPosting?newsitemid=CTVNews%2f20081030%2fmissionaries_kenya_081030&feedname=CTV-TOPSTORIES_V3&show=False&number=0&showbyline=True&subtitle=&detect=&abc=abc&date=True
Missionaries have '2M reasons' to return to Kenya
Two missionaries from B.C. who were viciously attacked with machetes at their home in Kenya say they must return to the eastern African country to help the millions of orphans who live in dire circumstances.
John and Eloise Bergen were beaten by a group of men last July 9 in their home in Kitale, southwest of Nairobi.
Eloise, 65, was repeatedly raped during the ordeal and was left with a broken jaw and severe wounds to her face. Seventy-year-old John sustained a fractured skull and severe wounds to his face, hands and legs.
Story:
http://news.sympatico.msn.ctv.ca/Home/ContentPosting?newsitemid=CTVNews%2f20081030%2fmissionaries_kenya_081030&feedname=CTV-TOPSTORIES_V3&show=False&number=0&showbyline=True&subtitle=&detect=&abc=abc&date=True
Giant merger
Delta-Northwest merger creates huge US airline
WASHINGTON (AFP) - Delta Air Lines said Wednesday it had merged with Northwest Airlines to create one of the world's biggest carriers after winning approval from US antitrust authorities.
Delta announced late Wednesday that the merger was completed, "creating a premier global airline with service to nearly all of the world's major travel markets."
Story here:
http://ca.news.finance.yahoo.com/s/29102008/24/f-afp-delta-northwest-merger-creates-huge-airline.html
WASHINGTON (AFP) - Delta Air Lines said Wednesday it had merged with Northwest Airlines to create one of the world's biggest carriers after winning approval from US antitrust authorities.
Delta announced late Wednesday that the merger was completed, "creating a premier global airline with service to nearly all of the world's major travel markets."
Story here:
http://ca.news.finance.yahoo.com/s/29102008/24/f-afp-delta-northwest-merger-creates-huge-airline.html
First, let's blame all the lawyers
First, let's blame all the lawyers; Justice minister panders to fear of crime by pinning court delays on defence counsel
The Edmonton Journal
Thu 30 Oct 2008 Page: A18
Section: Opinion
Byline: Paula Simons Column: Paula Simons
Source: The Edmonton Journal
It was a great piece of political theatre, diversionary magic David Copperfield himself would envy. The day after the news of the reused syringe scandal broke, Ed Stelmach held his regular Tuesday press conference. But no one got a chance to ask about the High Prairie hospital. Instead, the premier, flanked by a phalanx of police chiefs and officers in dress uniforms, announced plans to fight gang crime by putting more cops on the street.
It was a dramatic display, especially given the premier was really re-announcing previous funding commitments.
Yet hiring officers is only one part of the equation. Alberta's courts are so backed up, 56 per cent of prisoners in provincial custody haven't even been convicted; they're in remand awaiting trial. If they are convicted, their sentences are often reduced, because they get double credit for time in overcrowded remand centres. It's sentence first, verdict afterwards.
The province has hired 62 more Crown prosecutors since 2006; another 28 are promised over the next two years. But though the province pledged more money to the system last year, Alberta Justice can't hire Crowns fast enough. Bad as things are in Edmonton or Calgary, filling positions in places like Fort McMurray and Peace River is even harder.
"I don't think we've ever had the number of prosecutors as was the goal or plan," says David Torske, president of the Alberta Crown Attorneys' Association. "We hire two and lose one. In the rural offices, people are worked off their feet."
At Tuesday's press conference, Justice Minister Alison Redford blamed the backlog not on overtaxed courts but on defence lawyers, who, she suggested, exploit procedural redundancies in the Criminal Code to delay trials.
"Our courts are very well-resourced," said Redford. "We have the judges who can do the work. We have the prosecutors who can do the work."
The problems, she claimed, stem from Criminal Code rules that she said give the defence a strategic advantage. "Frankly, defence counsel is very good at using those."
That's not how Mona Duckett sees it. A respected defence attorney and the past-president of the Law Society of Alberta, Duckett blames delays on a shortage of judges, courtrooms and prosecutors. This August, she says, she tried to book a court for a three-day preliminary inquiry, only to find that the earliest court date was in May. In the meantime, her client is in remand. Even when she has clients who want to plead guilty, she says, it can take more than a month to hear from backlogged Crowns about plea agreements.
"This crap about saying it's defence counsel that's holding up the system really gets under my skin," says Brian Hurley, president of the Criminal Trial Lawyers' Association. "To suggest that we want our clients to sit in jail for weeks and months is outrageous."
Hurley says the real culprit is poor courtroom scheduling. More trials could be booked, he says, but that would require more Crown prosecutors, and more prep time for them.
"I hoped Ms. Redford would be above this kind of political BS, but clearly, she isn't," says Hurley. "It's very unfair to see the government undermining its own judicial system with this kind of garbage. To score political points by undermining public confidence is despicable."
But Redford stands by her comments.
"I'm not going to let defence counsel get away with saying that there's not enough Crown prosecutors, or that they don't know what they're doing. If we need time to prosecute well, then we're going to take that time," she told me Wednesday. "There are defence counsel who can find a tremendous amount of strategic advantage in keeping their clients in remand."
Redford says she respects the work criminal lawyers do. But she says it's her job to ensure people are effectively prosecuted, and her job to respond to public fears about violent crime.
But it's not her job to pander to those fears. Are defence lawyers getting guilty people off? Are some taking advantage of the remand backlog to give their clients an advantage when it comes to sentencing? Of course they are. And that's their job.
In our adversarial justice system, it's the responsibility of defence lawyers to give clients the most zealous representation possible, using all the legal tactics at their disposal. The protections of the Criminal Code and the Charter of Rights aren't mere inefficiencies or technicalities.
They're designed to ensure that the state cannot imprison someone until and unless the Crown proves its case beyond any reasonable doubt. The bar is set so high, which means some people who are guilty do go free. But frustrating and frightening though that may be, it's better than a system where the innocent end up in jail, or where cops and prosecutors don't follow the rules.
Defence lawyers make easy targets. But beating up on them is just another distraction. As long as so many Albertans buy illegal drugs, drug gangs in this province will flourish. Arrest, convict and jail one gang, and another will take its place. Until we're willing to tackle drug abuse and addiction as a public health issue, not just a crime, we'll keep running a Red Queen's race, running faster and faster to stay in the same place.
The Edmonton Journal
Thu 30 Oct 2008 Page: A18
Section: Opinion
Byline: Paula Simons Column: Paula Simons
Source: The Edmonton Journal
It was a great piece of political theatre, diversionary magic David Copperfield himself would envy. The day after the news of the reused syringe scandal broke, Ed Stelmach held his regular Tuesday press conference. But no one got a chance to ask about the High Prairie hospital. Instead, the premier, flanked by a phalanx of police chiefs and officers in dress uniforms, announced plans to fight gang crime by putting more cops on the street.
It was a dramatic display, especially given the premier was really re-announcing previous funding commitments.
Yet hiring officers is only one part of the equation. Alberta's courts are so backed up, 56 per cent of prisoners in provincial custody haven't even been convicted; they're in remand awaiting trial. If they are convicted, their sentences are often reduced, because they get double credit for time in overcrowded remand centres. It's sentence first, verdict afterwards.
The province has hired 62 more Crown prosecutors since 2006; another 28 are promised over the next two years. But though the province pledged more money to the system last year, Alberta Justice can't hire Crowns fast enough. Bad as things are in Edmonton or Calgary, filling positions in places like Fort McMurray and Peace River is even harder.
"I don't think we've ever had the number of prosecutors as was the goal or plan," says David Torske, president of the Alberta Crown Attorneys' Association. "We hire two and lose one. In the rural offices, people are worked off their feet."
At Tuesday's press conference, Justice Minister Alison Redford blamed the backlog not on overtaxed courts but on defence lawyers, who, she suggested, exploit procedural redundancies in the Criminal Code to delay trials.
"Our courts are very well-resourced," said Redford. "We have the judges who can do the work. We have the prosecutors who can do the work."
The problems, she claimed, stem from Criminal Code rules that she said give the defence a strategic advantage. "Frankly, defence counsel is very good at using those."
That's not how Mona Duckett sees it. A respected defence attorney and the past-president of the Law Society of Alberta, Duckett blames delays on a shortage of judges, courtrooms and prosecutors. This August, she says, she tried to book a court for a three-day preliminary inquiry, only to find that the earliest court date was in May. In the meantime, her client is in remand. Even when she has clients who want to plead guilty, she says, it can take more than a month to hear from backlogged Crowns about plea agreements.
"This crap about saying it's defence counsel that's holding up the system really gets under my skin," says Brian Hurley, president of the Criminal Trial Lawyers' Association. "To suggest that we want our clients to sit in jail for weeks and months is outrageous."
Hurley says the real culprit is poor courtroom scheduling. More trials could be booked, he says, but that would require more Crown prosecutors, and more prep time for them.
"I hoped Ms. Redford would be above this kind of political BS, but clearly, she isn't," says Hurley. "It's very unfair to see the government undermining its own judicial system with this kind of garbage. To score political points by undermining public confidence is despicable."
But Redford stands by her comments.
"I'm not going to let defence counsel get away with saying that there's not enough Crown prosecutors, or that they don't know what they're doing. If we need time to prosecute well, then we're going to take that time," she told me Wednesday. "There are defence counsel who can find a tremendous amount of strategic advantage in keeping their clients in remand."
Redford says she respects the work criminal lawyers do. But she says it's her job to ensure people are effectively prosecuted, and her job to respond to public fears about violent crime.
But it's not her job to pander to those fears. Are defence lawyers getting guilty people off? Are some taking advantage of the remand backlog to give their clients an advantage when it comes to sentencing? Of course they are. And that's their job.
In our adversarial justice system, it's the responsibility of defence lawyers to give clients the most zealous representation possible, using all the legal tactics at their disposal. The protections of the Criminal Code and the Charter of Rights aren't mere inefficiencies or technicalities.
They're designed to ensure that the state cannot imprison someone until and unless the Crown proves its case beyond any reasonable doubt. The bar is set so high, which means some people who are guilty do go free. But frustrating and frightening though that may be, it's better than a system where the innocent end up in jail, or where cops and prosecutors don't follow the rules.
Defence lawyers make easy targets. But beating up on them is just another distraction. As long as so many Albertans buy illegal drugs, drug gangs in this province will flourish. Arrest, convict and jail one gang, and another will take its place. Until we're willing to tackle drug abuse and addiction as a public health issue, not just a crime, we'll keep running a Red Queen's race, running faster and faster to stay in the same place.
The 6 Phases of Work
I just love this!
Phase 1
You are listening to jazz -- Your first day at work is great. Your co workers are wonderful, your cubicle is cute, and your boss is the best!
Phase 2
You are listening to pop music -- After a while you are so busy that you are not sure if you're coming or going anymore.
Phase 3
You are listening to heavy metal -- This is what you feel like at month's end.
Phase 4
You are listening to hip hop -- You become bloated due to stress, feel sluggish and suffer from constipation. Your co workers are too cheerful for your liking and the walls of your cubicle are closing in. You have started thinking "WHATEVER" about your boss.
Phase 5
You are listening to GANGSTA RAP -- After more time passes, your eyes start to twitch, you forget what a "good hair day" feels like, as you just fall out of bed and load up on caffeine.
Phase 6
You are listening to the voices in your head -- You have build a makeshift door on your cubicle to keep people
out. You have a dart board with a picture of your boss on it in your cube. You wonder why you are even here in the first place.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Phase 1
You are listening to jazz -- Your first day at work is great. Your co workers are wonderful, your cubicle is cute, and your boss is the best!
Phase 2
You are listening to pop music -- After a while you are so busy that you are not sure if you're coming or going anymore.
Phase 3
You are listening to heavy metal -- This is what you feel like at month's end.
Phase 4
You are listening to hip hop -- You become bloated due to stress, feel sluggish and suffer from constipation. Your co workers are too cheerful for your liking and the walls of your cubicle are closing in. You have started thinking "WHATEVER" about your boss.
Phase 5
You are listening to GANGSTA RAP -- After more time passes, your eyes start to twitch, you forget what a "good hair day" feels like, as you just fall out of bed and load up on caffeine.
Phase 6
You are listening to the voices in your head -- You have build a makeshift door on your cubicle to keep people
out. You have a dart board with a picture of your boss on it in your cube. You wonder why you are even here in the first place.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Mouse in cheese - bleech!
News reports today speak of the (bleech) discovery of a dead mouse (well, how could it be alive?) encased in a block of Ontario cheese (Maple Dale brand -- perhaps I'll stick to Kraft for a while...). The cheese had all sorts of stuff added -- veg and pepper etc.
The reports say the mouse did not originate inside the cheese factory, but rather was brought in with some of the added ingredients, perhaps the jalapeno peppers.
Maple Dale Cheese says that employees are now triple-checking all ingredients coming into the plant.
"Thank heavens it is a rarity, but we do live in a real world and it happened, and it is extremely unfortunate that it has happened," said Henry, from the company's office in Plainfield, in eastern Ontario. A rarity? That suggests maybe only once a week or so?
My question is what were they doing the day employees added a mouse to the cheese mix? Were they only double checking? And, let's be honest, where ever it came from, why was there a mouse in a food plant?
Yes, I know that getting rid of mice is difficult but really, BLEECH!
Harper to announce Cabinet today
New faces, new jobs in store for revamped cabinet
OTTAWA - Prime Minister Stephen Harper will promote some key MPs and infuse his cabinet with new ones today in a sweeping shuffle that will launch his new government.
Harper appears poised to make room for more women by expanding his cabinet, which currently includes only seven females among 31 members. Government officials said the prime minister will create four junior ministers' positions and give two of them to star women rookies.
Lawrence Cannon is expected to be promoted to foreign affairs, while some long-serving MPs will be rewarded with posts, including Jason Kenney at immigration.
But the overhaul will not touch the two most senior economic portfolios as the minority Conservatives seek to project stability in the face of a global economic storm. Finance Minister Jim Flaherty and Industry Minister Jim Prentice will stay where they are.
Story here:
http://ca.news.yahoo.com/s/capress/081030/national/cabinet_shuffle
OTTAWA - Prime Minister Stephen Harper will promote some key MPs and infuse his cabinet with new ones today in a sweeping shuffle that will launch his new government.
Harper appears poised to make room for more women by expanding his cabinet, which currently includes only seven females among 31 members. Government officials said the prime minister will create four junior ministers' positions and give two of them to star women rookies.
Lawrence Cannon is expected to be promoted to foreign affairs, while some long-serving MPs will be rewarded with posts, including Jason Kenney at immigration.
But the overhaul will not touch the two most senior economic portfolios as the minority Conservatives seek to project stability in the face of a global economic storm. Finance Minister Jim Flaherty and Industry Minister Jim Prentice will stay where they are.
Story here:
http://ca.news.yahoo.com/s/capress/081030/national/cabinet_shuffle
Mark Twain
'If you don't read the newspaper
you are uninformed, if you do
read the newspaper you are
misinformed.'
Mark Twain
you are uninformed, if you do
read the newspaper you are
misinformed.'
Mark Twain
Curious factoid -- Hitler inaugarated the modern Olympic torch run
NAZI OLYMPICS, BERLIN 1936: INAUGURATION OF THE OLYMPIC TORCH RELAYOn May 13, 1931, the International Olympic Committee, headed by Count Henri Baillet-Latour of Belgium, awarded the 1936 Summer Olympics to Berlin.
On August 1, 1936, Hitler opened the Games of the 11th Olympiad. Musical fanfares directed by the famous composer Richard Strauss announced the dictator's arrival to the largely German crowd. Hundreds of athletes in opening day regalia marched into the stadium, team by team in alphabetical order. Inaugurating a new Olympic ritual, a lone runner arrived bearing a torch carried by relay from the site of the ancient Games in Olympia, Greece.
The 1936 Games were the first to employ the torch run. Each of 3,422 torch bearers ran one kilometer (0.6 miles) along the route of the torch relay from the site of the ancient Olympics in Olympia, Greece, to Berlin. Former German Olympian Carl Diem modeled the relay after one that had been run in Athens in 80 B.C. It perfectly suited Nazi propagandists, who used torch-lit parades and rallies to attract Germans, especially youth, to the Nazi movement. The torch itself was made in 1936 by Krupp, a German company better known for its production of steel and armaments.
Wednesday, October 29, 2008
Chemical link found between suicide, depression
Chemical link found between suicide, depression
Mix of biological, social triggers at work: study
Pauline Tam
The Ottawa Citizen
People who are driven to suicide by depression have brains that are chemically different from those who die of natural causes, a new study has found.
The discovery, centred on chemical changes in certain brain cells, gives scientists a better understanding of the biological mechanisms involved in depression and points to potential ways of developing more effective anti-depressants.
It also reinforces a widely held theory among depression researchers that suggests most people who commit suicide do so because of some ill-fated mix of biological and social triggers.
Until recently, scientists had been unable to find evidence of specific neurochemical changes that would support their theory.
"We argue that it's not nature, it's not nurture, it's some combination," says Hymie Anisman, a neuroscientist at Carleton University and one of the study's co-authors. "But now, we can at least point to something and say, 'See, this is what nature does.'"
Mr. Anisman and his research partners at the University of Western Ontario and the University of Ottawa analyzed brain tissue taken from 20 people who had a known depressive disorder when they killed themselves and from 20 others who had died suddenly from other causes, such as a heart attack.
They found that in the suicide group, the genes that convert important information into chemical activity in brain cells were altered by a process called methylation, which is normally involved in regulating cell growth.
"What we basically found was that certain genes were, in fact, shut down in the suicide brain," said Mr. Anisman.
Full story here: http://www.canada.com/components/print.aspx?id=99923556-36fc-4be2-8e0f-906a9cc3d706&sponsor=
Mix of biological, social triggers at work: study
Pauline Tam
The Ottawa Citizen
People who are driven to suicide by depression have brains that are chemically different from those who die of natural causes, a new study has found.
The discovery, centred on chemical changes in certain brain cells, gives scientists a better understanding of the biological mechanisms involved in depression and points to potential ways of developing more effective anti-depressants.
It also reinforces a widely held theory among depression researchers that suggests most people who commit suicide do so because of some ill-fated mix of biological and social triggers.
Until recently, scientists had been unable to find evidence of specific neurochemical changes that would support their theory.
"We argue that it's not nature, it's not nurture, it's some combination," says Hymie Anisman, a neuroscientist at Carleton University and one of the study's co-authors. "But now, we can at least point to something and say, 'See, this is what nature does.'"
Mr. Anisman and his research partners at the University of Western Ontario and the University of Ottawa analyzed brain tissue taken from 20 people who had a known depressive disorder when they killed themselves and from 20 others who had died suddenly from other causes, such as a heart attack.
They found that in the suicide group, the genes that convert important information into chemical activity in brain cells were altered by a process called methylation, which is normally involved in regulating cell growth.
"What we basically found was that certain genes were, in fact, shut down in the suicide brain," said Mr. Anisman.
Full story here: http://www.canada.com/components/print.aspx?id=99923556-36fc-4be2-8e0f-906a9cc3d706&sponsor=
Burden of production in a motion for summary judgment
A continuing issue on motions for summary judgment is what must the responding party do to avoid judgment?
The law is quite clear – the moving party must establish the burden of production and show a prima facie case for summary judgment before the respondent has any obligation to adduce any evidence at all.
Should the moving party meet the burden of production then the respondent must provide a basis to show there is a triable issue or summary judgment will follow.
This week’s Court of Appeal decision in Webster v. Thomson, 2008 ONCA 730 makes this point quite clear:
[17] In Lang v. Kligerman, 1998 Can LII 4866 (ON
The authorities are clear that the onus is on the moving party to establish that there is no genuine issue for trial with respect to a claim or defence. There is no onus on the responding party. However, where the evidence presented by the moving party prima facie establishes that there is no genuine issue for trial, and the moving party is entitled to summary judgment as a matter of law, to preclude the granting of summary judgment the responding party assumes the evidentiary burden of presenting evidence which is capable of supporting the position advanced by the responding party in its pleading. On the basis of this evidence, when considered with all the evidence before the motions judge, it will then be for the motions judge to determine whether the evidentiary record raises a genuine issue for trial.
[18] In this case, based on the materials filed by the respondents, it cannot be said that there were no genuine issues for trial or that they were entitled to summary judgment as a matter of law.
Jewish-Somali Project
Religious differences set aside for peace project
(Photo of Mark Persaud, C.E.O. CIPP)
Canada's largest Somali and Jewish community organizations chose a local high school with one of the city's largest Somali student populations as the setting for a 'groundbreaking' announcement this week.
The Jewish-Somali Project, a joint partnership between the Canadian Somali Congress (CSC), the United Jewish Appeal of Greater Toronto (UJA), the Canadian Jewish Congress (CJC) and the Canadian International Peace Project, will pair established Jewish professionals with young Somali university students to provide mentoring.
"Many Canadians might be surprised the Muslim and Jewish communities are coming together for this project, because often when we talk about the issues, sadly it becomes political, which only leads to strife," Bernie Farber, CEO of the CJC, said at the launch at Kipling Collegiate on Tuesday. "But today, with the Canadian Somali Congress and the Canadian Jewish Congress, the stress is on the 'Canadian' part of our names... Together, we are trying to forge a path and make a statement we haven't been able to make before. This is more than just a dialogue."
"This project is a microcosm of Canadian values. It's very Canadian, very appropriate and very urgent," added Howard English, VP Corporate Communications for UJA.
As a relatively new immigrant community, Canadian Somalis, like Jewish Canadians in years past, have been undergoing a number of growing pains as they adjust to life in Canada, said Mark Persaud, president of CIPP.
"Being poor, black and Muslim only adds to those challenges," he said, noting the necessity of developing a cadre of Canadian Somali professionals to aid in the integration process.
To address the issue, the CSC invited other Canadian communities to assist Canadian Somalis in their efforts to successfully integrate into Canadian society, and the Jewish community responded to that call, Persaud said.
"Canadian multicultural policies and practices have traditionally focused on individual communities being accepted and respected in Canada. The Jewish-Somali Project presents a paradigm shift in our approach to multiculturalism wherein two very different and diverse groups are working together to assist in building stronger communities," he said of the project, which will start in Toronto, then branch out nationally, to Ottawa first, then Edmonton, then beyond.
It's a project all sponsoring organizations hope will be held up as an ideal.
"We hope this type of mutual understanding is adopted in abundance by other communities. This project is an example of what is possible in a country like Canada," said CSC's Digal Hiao.
"Today, we bring together the Muslim and Jewish communities in the Canadian context. We're not here as Muslims, we're not here as Jews. We're here as Canadians, and that's incredibly important," added James Morton, governor of the CIPP.
Full story here:
http://www.insidetoronto.ca/article/58216
A first-generation Somali Canadian immigrant, Toronto law student Ayan Hersi didn't know whom to turn to for advice and help pursuing her career.
But an innovative program, announced yesterday, is expected to give the 27-year-old woman and youth from her 250,000-strong community – one of Greater Toronto's and Canada's most impoverished – a needed lift by matching them with mentors from the more established Jewish community.
"Our generation is still young and the future is in our hands. Unlike others, we can't call so and so and ask for help," said Hersi, who has an undergraduate degree in equity studies, political science and African studies, and is pursuing a law degree at University of Toronto.
"We always have to go outside the community for help," she added. "I am the first in my family to have graduated from a university, and studying law."
Mark Persaud, peace project founder, said the Somali community has identified the lack of mentorship opportunity as a huge disadvantage for its young people. He hopes the program can be a model for future initiatives.
Full story here:
http://www.thestar.com/article/526450
Canada's largest Somali and Jewish community organizations chose a local high school with one of the city's largest Somali student populations as the setting for a 'groundbreaking' announcement this week.
The Jewish-Somali Project, a joint partnership between the Canadian Somali Congress (CSC), the United Jewish Appeal of Greater Toronto (UJA), the Canadian Jewish Congress (CJC) and the Canadian International Peace Project, will pair established Jewish professionals with young Somali university students to provide mentoring.
"Many Canadians might be surprised the Muslim and Jewish communities are coming together for this project, because often when we talk about the issues, sadly it becomes political, which only leads to strife," Bernie Farber, CEO of the CJC, said at the launch at Kipling Collegiate on Tuesday. "But today, with the Canadian Somali Congress and the Canadian Jewish Congress, the stress is on the 'Canadian' part of our names... Together, we are trying to forge a path and make a statement we haven't been able to make before. This is more than just a dialogue."
"This project is a microcosm of Canadian values. It's very Canadian, very appropriate and very urgent," added Howard English, VP Corporate Communications for UJA.
As a relatively new immigrant community, Canadian Somalis, like Jewish Canadians in years past, have been undergoing a number of growing pains as they adjust to life in Canada, said Mark Persaud, president of CIPP.
"Being poor, black and Muslim only adds to those challenges," he said, noting the necessity of developing a cadre of Canadian Somali professionals to aid in the integration process.
To address the issue, the CSC invited other Canadian communities to assist Canadian Somalis in their efforts to successfully integrate into Canadian society, and the Jewish community responded to that call, Persaud said.
"Canadian multicultural policies and practices have traditionally focused on individual communities being accepted and respected in Canada. The Jewish-Somali Project presents a paradigm shift in our approach to multiculturalism wherein two very different and diverse groups are working together to assist in building stronger communities," he said of the project, which will start in Toronto, then branch out nationally, to Ottawa first, then Edmonton, then beyond.
It's a project all sponsoring organizations hope will be held up as an ideal.
"We hope this type of mutual understanding is adopted in abundance by other communities. This project is an example of what is possible in a country like Canada," said CSC's Digal Hiao.
"Today, we bring together the Muslim and Jewish communities in the Canadian context. We're not here as Muslims, we're not here as Jews. We're here as Canadians, and that's incredibly important," added James Morton, governor of the CIPP.
Full story here:
http://www.insidetoronto.ca/article/58216
A first-generation Somali Canadian immigrant, Toronto law student Ayan Hersi didn't know whom to turn to for advice and help pursuing her career.
But an innovative program, announced yesterday, is expected to give the 27-year-old woman and youth from her 250,000-strong community – one of Greater Toronto's and Canada's most impoverished – a needed lift by matching them with mentors from the more established Jewish community.
"Our generation is still young and the future is in our hands. Unlike others, we can't call so and so and ask for help," said Hersi, who has an undergraduate degree in equity studies, political science and African studies, and is pursuing a law degree at University of Toronto.
"We always have to go outside the community for help," she added. "I am the first in my family to have graduated from a university, and studying law."
Mark Persaud, peace project founder, said the Somali community has identified the lack of mentorship opportunity as a huge disadvantage for its young people. He hopes the program can be a model for future initiatives.
Full story here:
http://www.thestar.com/article/526450
Ottawa man convicted of terrorism charges
Khawaja was convicted on five charges of financing and facilitating terrorism. He was also found guilty of two Criminal Code offences related to building a remote-control device, known as the Hi-Fi Digimonster, intended to trigger bomb blasts.
But Justice Douglas Rutherford concluded he was not guilty of terrorism offences with regard to the Digimonster, saying there was not sufficient proof Khawaja knew it was to be used in fertilizer-powered attacks.
The explosions were planned - but never carried out - by Islamic extremists in
Khawaja, 29, pleaded not guilty to the charges in Ontario Superior Court and was tried without a jury.
Five associates, including bomb-plot ringleader Omar Khyam, were sentenced to prison last year after being convicted in
Bail has to be reviewed -- legislation must be changed
Bob Runciman, Progressive Conservative opposition leader in Ontario, is right to say our bail system needs review – in fact our entire criminal justice system needs review – but that analysis must be at an elemental level. Mr. Runciman is wrong to focus on details -- the system as a whole needs change and change at the Federal level. We must move beyond fears that changes to the system are too difficult to make.
Bail was designed nearly 140 years ago to deal, in a summary fashion, with release of accused during the brief period between arrest and trial. Legislative amendment since 1869 has updated the law but not changed its fundamental premises. Justices considering bail do the best they can – but they consider bail in a context of the late 1860’s.
Even in the 1960’s the time between arrest and trial was always brief – a few months for a first degree murder. Today, it is common for the period between arrest and trial, at least for serious matters, to be 18 months or more. The decision to grant bail, inevitably, is colored by the realization that a refusal to grant bail can lead to a lengthy prison sentence for someone who has not been, and may not be, convicted of a crime.
The underlying federal legislation governing bail needs to be revised to protect society and the rights of accused. This will require ensuring that criminal trials really do take place promptly and that will require an overhaul to the system as a whole. More than mere tinkering is needed. To make the necessary changes our justice system players will have to overcome a cultural watershed – our system is well established but quite dysfunctional.
Changes can be made. Ontario’s “Justice on Target” shows what can be done locally but we need federal leadership. The need to change our system is not a matter of being “tough on crime” or politics at all – it is a matter making the system work. We know what must be done; we now need the courage to do it.
Bail was designed nearly 140 years ago to deal, in a summary fashion, with release of accused during the brief period between arrest and trial. Legislative amendment since 1869 has updated the law but not changed its fundamental premises. Justices considering bail do the best they can – but they consider bail in a context of the late 1860’s.
Even in the 1960’s the time between arrest and trial was always brief – a few months for a first degree murder. Today, it is common for the period between arrest and trial, at least for serious matters, to be 18 months or more. The decision to grant bail, inevitably, is colored by the realization that a refusal to grant bail can lead to a lengthy prison sentence for someone who has not been, and may not be, convicted of a crime.
The underlying federal legislation governing bail needs to be revised to protect society and the rights of accused. This will require ensuring that criminal trials really do take place promptly and that will require an overhaul to the system as a whole. More than mere tinkering is needed. To make the necessary changes our justice system players will have to overcome a cultural watershed – our system is well established but quite dysfunctional.
Changes can be made. Ontario’s “Justice on Target” shows what can be done locally but we need federal leadership. The need to change our system is not a matter of being “tough on crime” or politics at all – it is a matter making the system work. We know what must be done; we now need the courage to do it.
You can't outrun these cops!
Italy's State Police can lay claim to having the world's coolest cop car after Lamborghini gifted them a Gallardo LP560-4.The 203mph, 560bhp supercar replaces a standard Gallardo that the Italian police had used for four years and 87,000 miles.
Forty officers are trained to drive the four-wheel-drive supercar, the V10 machine a brilliant deterrent to speeders on the Italian motorway network.Externally it wears the livery of the Italian State Police complete with flashing lights and sirens. It's more than a show car though, the Gallardo LP560-4 carrying all the equipment of a modern police vehicle.
Forty officers are trained to drive the four-wheel-drive supercar, the V10 machine a brilliant deterrent to speeders on the Italian motorway network.Externally it wears the livery of the Italian State Police complete with flashing lights and sirens. It's more than a show car though, the Gallardo LP560-4 carrying all the equipment of a modern police vehicle.
Full story here: http://ca.autos.yahoo.com/p/925/worlds-coolest-police-car
Tuesday, October 28, 2008
Drugs in jail -- isn't it time to stop this madness?
Breaking news from Metro West -- looks like a drug overdose -- ok, why are there drugs in a remand centre? In fact, it's an open secret that drugs flow through the system but that is a secret that (1) ought to be known more widely and (2) the facts underlying the secret ought to stop, stop now.
Inmate found dead in city jail
Christina Commisso Staff Reporter
One inmate was found dead in his cell at the Toronto West Detention Centre early this morning and a cellmate is in hospital.
Toronto police and ambulance were called to the detention centre in the city's northwest around 7:25 a.m. when an inmate was found without a pulse.
Another inmate in the same cell had weak or no vital signs and was rushed to hospital in critical condition. A third cellmate appeared to be fine.
"There were no signs of trauma on any of the inmates, which rules out the possibility of a brawl being involved," said Tony Brown of the Ministry of Community Safety and Correctional Services.
He could not confirm reports a drug overdose.
A portion of the jail has been evacuated as police continue their investigation.
The detention centre is used to hold people remanded into custody awaiting trial or sentencing, or who are serving short sentences.
Inmate found dead in city jail
Christina Commisso Staff Reporter
One inmate was found dead in his cell at the Toronto West Detention Centre early this morning and a cellmate is in hospital.
Toronto police and ambulance were called to the detention centre in the city's northwest around 7:25 a.m. when an inmate was found without a pulse.
Another inmate in the same cell had weak or no vital signs and was rushed to hospital in critical condition. A third cellmate appeared to be fine.
"There were no signs of trauma on any of the inmates, which rules out the possibility of a brawl being involved," said Tony Brown of the Ministry of Community Safety and Correctional Services.
He could not confirm reports a drug overdose.
A portion of the jail has been evacuated as police continue their investigation.
The detention centre is used to hold people remanded into custody awaiting trial or sentencing, or who are serving short sentences.
Circumstantial evidence
Yesterday’s
The Court writes:
[42] Sometimes a single piece of circumstantial evidence may be such as to exclude reasonable doubt. Robinson Crusoe’s discovery of the print of a man’s naked foot compelled his conclusion that he was not alone on his island.
…
[65] The law governing a proper conviction based solely on circumstantial evidence is well established. The trial judge is, of course, presumed to know the law. The fact that she did not expressly state that there was no other rational explanation for the circumstantial evidence but that the appellant committed the crimes, is not a basis from which to conclude that she misdirected herself on this elementary principle of criminal law.
[66] As to the competing inferences from the evidence which counsel urges were open to the trial judge, in R. v. To (1992), 16 B.C.A.C. 223, Chief Justice McEachern considered the judicial task of drawing inferences in a case of circumstantial evidence. At para. 41 the Chief Justice said:
It must be remembered that we are not expected to treat real life cases as a completely intellectual exercise where no conclusion can be reached if there is the slightest competing possibility. The criminal law requires a very high degree of proof, especially for inferences consistent with guilt, but it does not demand certainty.
[67] Those words are apposite in respect of the task of the trial judge in the case at bar.
Canadian International Peace Project
Today the Canadian International Peace Project (of which I am a governor) launched a project to bring together Canadian Muslims and Jews united in promoting Canadian values.
The project, created jointly with the Canadian Somali Congress, the Canadian Jewish Congress and the United Jewish Appeal of Toronto links young Somali university students and professional with established Jewish professionals in order to provide mentoring. Additionally scholarships for Somali students have been pledged by Canadian Jews.
This significant project links two of Canada's most diverse communities.
The CIPP is devoted to moving beyond the traditional view of multiculturalism. Canadian values of respect for all communities and building bridges between communities are and must be paramount.
The project, created jointly with the Canadian Somali Congress, the Canadian Jewish Congress and the United Jewish Appeal of Toronto links young Somali university students and professional with established Jewish professionals in order to provide mentoring. Additionally scholarships for Somali students have been pledged by Canadian Jews.
This significant project links two of Canada's most diverse communities.
The CIPP is devoted to moving beyond the traditional view of multiculturalism. Canadian values of respect for all communities and building bridges between communities are and must be paramount.
Heart attack -- call 911
Having a heart attack? Forget about driving to the ER and call 911, doctors say
Provided by: The Canadian Press
Written by: Sheryl Ubelacker, Health Reporter, THE CANADIAN PRESSOct. 26, 2008
TORONTO - Doctors have some simple advice for anyone with symptoms of a heart attack who needs to get to the hospital emergency room: leave the car in the garage and call 911.
Each year, thousands of Canadians experience the crushing chest pain and other tell-tale signs of a heart attack but choose to drive or be driven to their nearest ER instead of calling an ambulance.
But doctors say that decision could be deadly.
"When it comes to heart attacks, every second counts," says Dr. Madhu Natarajan, a cardiologist at the Hamilton Health Sciences Centre. "The faster you get to the hospital, the faster you get treatment."
Natarajan presented a study to the Canadian Cardiovascular Congress in Toronto on Sunday that found 40 per cent of people who came to the ER with heart attack symptoms had made their own way there.
Of the almost 500 patients studied, those who drove themselves or had a family member or friend take them were more likely to be younger, male, and with no history of heart disease.
"In general, people who are in the age range of 40 to 60 are more likely to drive themselves or find somebody to drive them to the hospital," Natarajan said in an interview. "And also you see a lot of males between 50 and 70 who are married, their spouses drive them rather than them calling the ambulance."
He said people who come to hospital under their own steam can run into numerous delays - including traffic jams, difficulty finding the ER, lineups once they arrive and the time it takes to be assessed by a triage nurse.
"We did see that people who came in by self (transport), their time to treatment was much longer," he said of the study.
And when it comes to a heart attack, there's an old saying that "time is muscle," meaning that heart cells can be irreparably damaged the longer they are starved of oxygen-rich blood.
Calling 911 means quicker treatment because paramedics are trained to recognize heart attack symptoms, can begin basic treatment and call ahead, "so the emergency room is prepared and they drive you directly and you're there," Natarajan said.
Full story here:
http://health.lifestyle.yahoo.ca/channel_health_news_details.asp?news_id=16553&news_channel_id=1018&channel_id=1018
Provided by: The Canadian Press
Written by: Sheryl Ubelacker, Health Reporter, THE CANADIAN PRESSOct. 26, 2008
TORONTO - Doctors have some simple advice for anyone with symptoms of a heart attack who needs to get to the hospital emergency room: leave the car in the garage and call 911.
Each year, thousands of Canadians experience the crushing chest pain and other tell-tale signs of a heart attack but choose to drive or be driven to their nearest ER instead of calling an ambulance.
But doctors say that decision could be deadly.
"When it comes to heart attacks, every second counts," says Dr. Madhu Natarajan, a cardiologist at the Hamilton Health Sciences Centre. "The faster you get to the hospital, the faster you get treatment."
Natarajan presented a study to the Canadian Cardiovascular Congress in Toronto on Sunday that found 40 per cent of people who came to the ER with heart attack symptoms had made their own way there.
Of the almost 500 patients studied, those who drove themselves or had a family member or friend take them were more likely to be younger, male, and with no history of heart disease.
"In general, people who are in the age range of 40 to 60 are more likely to drive themselves or find somebody to drive them to the hospital," Natarajan said in an interview. "And also you see a lot of males between 50 and 70 who are married, their spouses drive them rather than them calling the ambulance."
He said people who come to hospital under their own steam can run into numerous delays - including traffic jams, difficulty finding the ER, lineups once they arrive and the time it takes to be assessed by a triage nurse.
"We did see that people who came in by self (transport), their time to treatment was much longer," he said of the study.
And when it comes to a heart attack, there's an old saying that "time is muscle," meaning that heart cells can be irreparably damaged the longer they are starved of oxygen-rich blood.
Calling 911 means quicker treatment because paramedics are trained to recognize heart attack symptoms, can begin basic treatment and call ahead, "so the emergency room is prepared and they drive you directly and you're there," Natarajan said.
Full story here:
http://health.lifestyle.yahoo.ca/channel_health_news_details.asp?news_id=16553&news_channel_id=1018&channel_id=1018
LeBlanc makes it official
Pragmatic centre is where we need to be; I don't know enough about LeBlanc to comment but unquestionably the leftward drift was unhelpful in the last election (of course I am a Blue Liberal).
LeBlanc to run for Liberal leadership
New Brunswick MP Dominic LeBlanc said he will run for the leadership of his party, becoming the first Liberal to publicly announce his intention to seek the top job.
In an interview with the Globe and Mail, LeBlanc, 40, said he will make the official announcement after the party decides on the date and location of the leadership convention.
LeBlanc said he thinks the party needs to reposition itself and become more centrist.
“Perhaps, in recent campaigns, we have drifted from that pragmatic centre of Canadian politics and we haven't given some of the traditional Liberal voting blocs an enthusiastic reason to support us," LeBlanc said.
Story here:
http://ca.news.yahoo.com/s/cbc/081028/canada/canada_leblanc_leader
LeBlanc to run for Liberal leadership
New Brunswick MP Dominic LeBlanc said he will run for the leadership of his party, becoming the first Liberal to publicly announce his intention to seek the top job.
In an interview with the Globe and Mail, LeBlanc, 40, said he will make the official announcement after the party decides on the date and location of the leadership convention.
LeBlanc said he thinks the party needs to reposition itself and become more centrist.
“Perhaps, in recent campaigns, we have drifted from that pragmatic centre of Canadian politics and we haven't given some of the traditional Liberal voting blocs an enthusiastic reason to support us," LeBlanc said.
Story here:
http://ca.news.yahoo.com/s/cbc/081028/canada/canada_leblanc_leader
Protecting the Prime Minister
This seems like a lot of money but in fact it really isn't; especially compared to what other nations spend.
Nearly $30 million spent to protect PM since 2006: documents
TORONTO - Nearly $30 million has been spent to provide security for Prime Minister Stephen Harper since he took office in 2006, newly released documents show.
And the rising cost of protecting the prime minister suggests he may have faced new threats since taking the job, a security expert says.
Story here: http://ca.news.yahoo.com/s/capress/081026/national/harper_security
Nearly $30 million spent to protect PM since 2006: documents
TORONTO - Nearly $30 million has been spent to provide security for Prime Minister Stephen Harper since he took office in 2006, newly released documents show.
And the rising cost of protecting the prime minister suggests he may have faced new threats since taking the job, a security expert says.
Story here: http://ca.news.yahoo.com/s/capress/081026/national/harper_security
Monday, October 27, 2008
Brett Butler
Dreams that do come true can be as unsettling as those that don't.
'Knee Deep in Paradise'
'Knee Deep in Paradise'
Syrian incursion
This is a curious raid. Clearly it is politically problematic and that suggests it would not have been made except for "high value" targets. Yet the news stories do not suggest that -- perhaps there is more than meets the eye?
Anyway, here is the Al Jezeera story:
Syria condemns deadly 'US raid'
US troops have on occasion crossed areas of Syria's 600km border in pursuit of fighters
Syria has condemned an alleged US raid that killed at least eight people in the country's east, close to the border with Iraq, calling it an act of "serious aggression".
Damascus was considering its response to the attack, a spokesperson for the Syrian information ministry told Al Jazeera on Monday.
"No doubt there will be a reaction [from Syria] of some kind," Reem Haddad told Al Jazeera.
Link here:
http://english.aljazeera.net/news/middleeast/2008/10/2008102765157531223.html
Anyway, here is the Al Jezeera story:
Syria condemns deadly 'US raid'
US troops have on occasion crossed areas of Syria's 600km border in pursuit of fighters
Syria has condemned an alleged US raid that killed at least eight people in the country's east, close to the border with Iraq, calling it an act of "serious aggression".
Damascus was considering its response to the attack, a spokesperson for the Syrian information ministry told Al Jazeera on Monday.
"No doubt there will be a reaction [from Syria] of some kind," Reem Haddad told Al Jazeera.
Link here:
http://english.aljazeera.net/news/middleeast/2008/10/2008102765157531223.html
Clever idea; but it doesn't work
In today's Pacitti v. 1439200 Ontario Inc., 2008 ONCA 736 decision the Court of Appeal considered a judgment where an otherwise ordinary debt was held to be protected by a constructive trust.
The purpose of the imposition of a constructive trust was to protect the judgment in the event of a bankruptcy.
On principle alone the judgment seems troubling. Why should an ordinary debt receive special treatment under bankruptcy just because a judge thought the claim should be protected?
Regardless the Court did not rule out the use of a constructive trust in any situation but did say the trust could not apply where there was not even a suggestion of bankruptcy to come.
The Court held:
[10] Finally, while we are sympathetic to the objective sought to be served by the trial judge in imposing a constructive trust on certain of the monies owed by the appellants to Luigi Pacitti, in the circumstances of this case we agree with the appellants that a constructive trust should not have been imposed.
[11] A constructive trust remedy was sought by the respondents to protect against the possible bankruptcy of one or both of the appellants. On the record before the trial judge, there was no evidence of a pending or even an intended bankruptcy of either appellant. To the contrary, the prospect of a bankruptcy was entirely speculative. Without deciding whether the fact of an impending bankruptcy would have justified the imposition of a construction trust, on this record it could not be said that the trial judge's award of damages in favour of the respondents was an insufficient remedy for the appellants' breach of contract. Accordingly, the finding of the constructive trust cannot stand.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
The purpose of the imposition of a constructive trust was to protect the judgment in the event of a bankruptcy.
On principle alone the judgment seems troubling. Why should an ordinary debt receive special treatment under bankruptcy just because a judge thought the claim should be protected?
Regardless the Court did not rule out the use of a constructive trust in any situation but did say the trust could not apply where there was not even a suggestion of bankruptcy to come.
The Court held:
[10] Finally, while we are sympathetic to the objective sought to be served by the trial judge in imposing a constructive trust on certain of the monies owed by the appellants to Luigi Pacitti, in the circumstances of this case we agree with the appellants that a constructive trust should not have been imposed.
[11] A constructive trust remedy was sought by the respondents to protect against the possible bankruptcy of one or both of the appellants. On the record before the trial judge, there was no evidence of a pending or even an intended bankruptcy of either appellant. To the contrary, the prospect of a bankruptcy was entirely speculative. Without deciding whether the fact of an impending bankruptcy would have justified the imposition of a construction trust, on this record it could not be said that the trial judge's award of damages in favour of the respondents was an insufficient remedy for the appellants' breach of contract. Accordingly, the finding of the constructive trust cannot stand.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Charles Dubin
Charles Dubin - a legendary lawyer and one-time Chief Justice of Ontario - died this morning.
I remember meeting him as a law clerk and being immediately impressed with his keen wit and tough minded approach to law. He was a remarkable judge.
Mr. Dubin, 87, was very well known in the legal world for keen intellect and a brusque, no-nonsense manner. However, he was perhaps best known to the public for a high profile commission he headed in the 1980s. Known as the Dubin Inquiry, the commission was spawned by a celebrated incident in which sprinter Ben Johnson lost his gold medal at the 1988 Olympic Games because a banned drug was detected in his urine samples.
In a ground breaking report, Mr. Dubin exposed doping secrets that had been unknown outside the secretive world of track and field. He recommended a broad range of anti-doping measures.
In 1981, Mr. Dubin held an inquiry into federal inquiry into aviation safety that strongly recommended a more significant role for enforcement of safety measures.
Born in Hamilton, Ont., in 1921, he was appointed to the Ontario Court of appeal in 1973. He was appointed Associate Chief Justice in 1987, and Chief Justice in 1990. He served until 1996.
In his early days Mr. Dubin faced significant anti-semitic bias. He was a pioneer as a high profile litigator. It seems hard to imagine but just a few year ago open racial and religious bias was seen even from the Bench in Ontario.
In 1997, he was made an officer of the Order of Canada.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
I remember meeting him as a law clerk and being immediately impressed with his keen wit and tough minded approach to law. He was a remarkable judge.
Mr. Dubin, 87, was very well known in the legal world for keen intellect and a brusque, no-nonsense manner. However, he was perhaps best known to the public for a high profile commission he headed in the 1980s. Known as the Dubin Inquiry, the commission was spawned by a celebrated incident in which sprinter Ben Johnson lost his gold medal at the 1988 Olympic Games because a banned drug was detected in his urine samples.
In a ground breaking report, Mr. Dubin exposed doping secrets that had been unknown outside the secretive world of track and field. He recommended a broad range of anti-doping measures.
In 1981, Mr. Dubin held an inquiry into federal inquiry into aviation safety that strongly recommended a more significant role for enforcement of safety measures.
Born in Hamilton, Ont., in 1921, he was appointed to the Ontario Court of appeal in 1973. He was appointed Associate Chief Justice in 1987, and Chief Justice in 1990. He served until 1996.
In his early days Mr. Dubin faced significant anti-semitic bias. He was a pioneer as a high profile litigator. It seems hard to imagine but just a few year ago open racial and religious bias was seen even from the Bench in Ontario.
In 1997, he was made an officer of the Order of Canada.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
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