Saturday, December 27, 2008

Mark Klein

If you are free to dream you are free to have nightmares.

James Morton

Eternal life

Today's New York Times has an Op-ed suggesting Americans believe basically everyone who is a 'good person' will go to heaven. The Op-ed is based on a Pew Forum study that shows most Americans believe that followers of other religions could achieve eternal life.

But in fact that's not at all what the study shows.

First, Catholics, Evangelicals and Mainline Protestants are all designated as separate religions. Obviously this is silly -- when I last checked they are all Christians. As the Pope noted, while differing in some details all believe in more or less the same salvation and all have a shot at heaven (according to each other). And seriously, how many United Church members believe True Bible Baptists are damned to hell fire?

Turning to other religions most Christians believe Jews can achieve heaven, even absent Jesus. This is heartening, especially as Catholics have the highest percent of such belief (nearly 80%). Of course the Pope's comments about Judaism being an elder brother helped (as does the fact that the two religions are, at some level, one -- did I say that? Oops).

But turn to Islam and Hinduism and the numbers plummet. Catholics, again, seem most open to salvation coming to Muslims and Hindus but even here the numbers are way down. (Perhaps a modified doctrine of invincible ignorance applies?).

Bottom line -- my G-d and yours are close(ish) but mine is better than your
G-d (even if your G-d will do for people like you).
James Morton

An astounding political blunder; At first, Stephen Harper seemed alive to the need for economic stimulus. Then came November

The Toronto Star
Saturday, December 27, 2008
Page: AA06
Section: Opinion
Byline: James Travers
Source: Toronto Star

A kid's game best explains events that in 2008 badly frightened adults. To watch dominoes fall is to grasp, intuitively or cognitively, the global chaos that continues to unfold nationally. A single, if monstrous, U.S. miscalculation caused a chain reaction that, after rippling around the world, brought Canada's economy tumbling down and Stephen Harper to his knees.

Just 10 days after votes were cast here, Alan Greenspan, the once-infallible Federal Reserve Board chair, appeared in Washington to concede his mistake. Self-regulation, the market's other invisible hand, couldn't control systemic risk. Greed had triumphed over prudence, precipitating the worst financial crisis since it last all went horribly wrong in the Great Depression.

Canada, while not immune, was at least insulated from the worst of it. Or so said a campaigning Prime Minister while the country considered its ballot-box options. A plunging market was a buying opportunity, more than a decade of surpluses wouldn't dead-end in deficits, and good times would keep rolling even if Ontario, incredibly a have-not province, and its vital auto industry were clanging along on the axles.

Harper's election mantra was not the Greenspan-mimicking miscalculation that would come later; it was a calculated gamble dictated by variables beyond his control. The Prime Minister made three assumptions in breaking his own fixed- date legislation to force the fourth election in eight years: The economy and the war in Afghanistan would get worse, and the U.S. hunger for change would deliver the White House to Barack Obama.

In politics, timing is as pivotal as money and Harper timed his campaign almost to Conservative perfection. As if scripted, the election came to an end just as reality intruded into contrived fantasy. Boom went bust, taking with it much of a generation's accumulated wealth. In Afghanistan, the death toll rose above 100, a threshold no less disturbing for its artificial symbolism. And in the U.S., a cerebral, young and graceful African American won the presidency, forcing Canadians to reconsider the self-imposed ceilings of their own aspirations and reach higher.

For a moment it seemed possible Harper would do just that. Perhaps it was roiling financial chaos or again being denied a majority, but the Prime Minister chose to frame winning as a new beginning. In victory, he talked about co-operation. In Winnipeg, Harper warned the faithful - memorably downgraded from a political movement to Conservative "stakeholders" - that hard times were no time for rigid ideology. In Ottawa, there was optimistic talk about lifting Parliament out of the primordial muck of partisan abuse and policy brinksmanship to the higher ground of civility and consensus.

Then came November and the Conservative miscalculation. No matter how right his election timing, Harper got his fiscal update all wrong. A country waiting anxiously at home for the stimulus he promised abroad was told to hold on for a winter federal budget while the government got on with the apparently more pressing task of swiping at pay equity, civil service unions and the ruling party's rivals.

Whatever it was, dogma off the leash or an explosion of partisan loathing, it was a numbing mistake with profound as well as immediate consequences. Overnight, a financial crisis became a political crisis threatening the life of a Conservative administration just seven weeks old. In frenetic, cascading rhythm, the Prime Minister inflamed national-unity passions, addressed a suddenly engaged nation and, with protesters marching outside Rideau Hall, convinced Michaelle Jean, the Governor General, to suspend Parliament to rescue his government from an ignominious defeat.


Gross miscalculation was not limited to the ruling party. Not satisfied with crafting a nuptial agreement hugely favourable to the NDP, Stephane Dion needlessly included Bloc Quebecois Leader Gilles Duceppe in the dumbest political photo-op of this young century, allowing Conservatives to brand the coalition as separatist, hastening Dion's own departure and advancing the anointment of Michael Ignatieff as the third Liberal leader in five years.

As dizzying and helter-skelter as they seem, those events have their own relentless pace and are less random, more predictable, than they first appear. Pressures rising in Parliament for decades reached the red zone this year and were not relieved by the fall election. Layered causes are piled high, from the continuing concentration of power in unelected cliques around prime ministers to the politicization of the senior bureaucracy and, ultimately, to a Parliament so dysfunctional it can no longer fulfill its defining responsibility of protecting the public purse. But what stands out in sharpest relief is the result: hyperpartisan politics.

Early-warning flags were everywhere. They popped up in revelations about the Conservative effort to sway dying Chuck Cadman's Commons vote, the ruling party's in-and-out campaign funding scheme that the chief electoral officer ruled out of bounds, the pass-the-buck firing of nuclear watchdog Linda Keen, the NAFTA leak report that blamed bureaucrats, not the reckless actions of political operatives for embarrassing Obama and, finally, the government's refusal, or inability, to put an accurate price tag on the Afghanistan mission.

Those and other surface manifestations of the deeper malaise are retreating, as they always do, into memory. What remains, and what will shape the political future, is the Prime Minister's decision to forego the conciliation that allows minority Parliaments to muddle along in favour of a lethal lunge at his rivals' throats. Whatever the merits of public funding for political parties, Harper effectively signed this Parliament's death warrant by including in the financial update a plan to give his party a potentially decisive advantage by ending the subsidies. Partners the Prime Minister needs to sustain his government now know his purpose, and it is not just to win but to crush.

Public interest is the first casualty of that epiphany, political accommodation the second. If the government survives January's throne speech and budget, as it likely will, the reason won't be that parties of all partisan stripe have agreed on the best methods to manage turmoil and tough times. It will be because the moment is not propitious for the third and potentially decisive election in the series that began in 2006 when Paul Martin's Liberals were sent packing.

If there is a consensus on anything here, it is that the right moment will come in 2009. Earlier, while the coalition still infuriates and before the recession bars its sharpest teeth, serves Conservatives best. Later, if and when anger and blame settles on the government, works better for opposition parties

Whenever it happens, the next election will not be a replay of the last. Even among some Conservatives, Harper is diminished by his bullying November behaviour, by his willingness to put broad national unity into play to protect narrow political interest and by tactical mistakes that are, for the first time, spawning doubts about his strategic shrewdness. Prime ministers share with the Wizard of Oz the strengths and weaknesses of illusions that sustain only until they no longer hide human frailty. Harper must now again prove he is larger than life and has not begun the political shrinkage that is the inevitable result of too much time with too much power.
James Morton

Ontario winter roads


Another soldier killed


Sad news from Afghanistan. It may be the holidays here but the war continues.


Canadian soldier killed, 3 wounded in roadside bomb in Afghanistan



KANDAHAR, Afghanistan - He was an avid golfer who loved nothing better than hitting a bucket of balls into the barren flatlands of Zhari district from a makeshift driving range at the Canadian outpost where he was stationed.


Afghan children would eagerly retrieve the golf balls he had driven deep into the dusty plains in exchange for candy.


But soldiers at Kandahar Airfield mostly remember Pvt. Michael Freeman's broad smile and staunch belief in Canada's military mission in Afghanistan.

Friday, December 26, 2008

Memory fades

I saw the movie Valkyrie, about a failed attempt to assassinate Hitler in 1944. The film itself is better than the reviews allow and isn't too bad -- quite adequate if not very Christmasy.

But leaving the theatre I overheard a girl, perhaps 14, maybe a little younger, ask "Dad, why were they trying to kill the, errh, President of Germany? And why were we supposed to want that to happen?"

Trust me, when I was 14 nobody had to be told who Hitler was and why we would have preferred him dead sooner rather than later ... .
James Morton

Dreidelgate


OK, I was too close to this and decided not to blog the first media reports -- but now that it is main CTV TV I can't hold back any more.

What a truly bizzare story -- partisanship gone wild!


http://www.youtube.com/watch?v=lO24s9GSv5E


As described by the person posting the story to Youtube (his spelling and location of the event are a little off but, whatever):


CTV News Report, on the Conservatives attempted political interference by Georganne Burke, a Tony Clement staffer in a Minorah Lighting ceremony in Richmond Hill, Ontario. She wanted the event shut down, and even tried to bully organizers. Why do you ask? Because Michael Ignatieff was lighting the menorah, and addressing the audience. Just another example of Tory partisanship going way too far

Good piece from the Montreal Gazette

Coalition debate reveals our appalling ignorance of Parliament; Canadians don't elect a prime minister and government - Parliament does

Montreal Gazette
Friday, December 26, 2008
Page: A31
Section: Editorial / Op-Ed
Byline: JOSEE LEGAULT
Column: Josée Legault
Source: The Gazette

I know this won't read like much of a holiday column. No references to It's a Wonderful Life, or anything like that. But there's something the political scientist in me needs to get off her chest about one thing that happened in this country this year.

I'm referring to something that was revealed when the federal opposition parties were talking about a coalition government: the abyssal ignorance, even in parts of the media, about how our own parliamentary system works.

When it became clear that Stephen Harper no longer had the confidence of Parliament - the pillar of responsible government - words like coup d'état, putsch and anti-democratic where thrown around at the possibility that the governor-general could ask the Liberal-NDP coalition to form a government, if it could command the confidence of a majority of MPs.

The political scientist in me almost fainted at the comments. It was one thing for the Conservatives to use these words in their partisan battle to sway public opinion, but it was another to read and hear commentators and columnists throughout Canada, in French and English, repeating those unfounded assertions.

Let's be clear: It would have been perfectly legal, democratic and legitimate in our British-style system for the G-G to hand power to a coalition capable of showing it could govern and have the confidence of the House.

But the distortions continued. One example among many: On a public affairs show in Quebec, when the host was told by a constitutional expert that we do not vote for a government or a prime minister, but for the Parliament from which the leader of the party that gets the most seats becomes prime minister, the host shouted back: "Well, if it's not we who elect the prime minister, who does?"

No question, the Conservatives had a great time seeing the public and the media's inability to understand even the most basic principles of our parliamentary system. When even some in the media don't seem to know such basic facts, who can be surprised that many voters never really understood what happened during this political crisis.

A Dominion Institute/Canadian Press poll was done a few days after the G-G agreed to Stephen Harper's request to prorogue Parliament until Jan. 26. Here's what it found: A full 75 per cent thought the prime minister or the governor-general is Canada's head of state. (It's actually the queen.) Twenty-five per cent thought our political system is a "co-operative assembly," while 17 per cent believed it's a "representative republic." And 51 per cent were sure Canadians elect their prime minister directly - with 70 per cent of Quebecers thinking that.

Marc Chalifoux, director of the institute, said Canadians were highly interested in the crisis in Ottawa, but they lacked the basic knowledge to have an informed opinion of it. No kidding.

Our schools seem to be failing to teach how our own democracy functions, so it's no surprise that such misinformed opinions remained after days of media reports on the subject.

That's no surprise because many commentators don't know how the system works, and Conservative spin doctors were everywhere attacking the idea of a coalition, saying it would be undemocratic and unCanadian. They kept repeating their false mantra: "Canadians elect their prime minister and their government." Therefore, they said, this coalition is a "coup attempt" intended to "overturn" the results of the election. The Dominion Institute poll shows just how well that claim worked.

In 2008, basic knowledge about our parliamentary system was damaged. This kind of damage produces even less informed, if not disinformed, citizens.
Let us do better in 2009.

Confidence

The real problem with a lack of confidence is that it becomes a downward spiral. Less confidence begets even less confidence and the economy gets worse. That's why we need our political leaders to point out weak though the economy is it isn't end times bad. In fairness, with some waffling, that has been the message sent from Ottawa.

"We have nothing to fear but fear itself".

Shoppers brave the cold for Boxing Day deals

Thousands of shoppers braved the cold and snow Friday to head to malls across the country for the best bargains of the year. Retailers were offering major discounts of as much as 80% on Boxing Day in a bid to lure consumers whose confidence has been hurt by a faltering economy and wide-ranging predictions of a recession. Stores were offering bargain-hunters early opening hours and later closing times. In Toronto, long lineups outside electronics giants Future Shop and Best Buy began around midnight. As the Toronto stores opened at 6 a.m. local time, hundreds of people barged through the doors grabbing big-screen plasma TVs, video-gaming systems and MP3 players that were deeply discounted. Stores that sell clothing and electronics, the two most popular items on Boxing Day shopping lists, had slashed their prices by as much as 80%. Even though many items have been on sale for 50, 60 and 70% off since late November, retailers promised shoppers there were still larger savings to be had.
James Morton

Xi Lan

Quite a stare!

Chinese navy set for historic anti-piracy mission

China may be assuming a role quite different from that of the last 500 years -- projecting power worldwide.

BEIJING - The Chinese navy was to weigh anchor Friday for an anti-piracy mission off Africa, in the nation's first potential combat mission beyond its territorial waters in centuries.
 

The two destroyers and one supply vessel comprising the task force were waiting off the Yalong Bay naval base on south China's tropical Hainan island, ready for the signal to set course for Somalia, the China Daily reported.

"Since this is the navy's first overseas mission, we could encounter unforeseen situations. But we are prepared for them," the commander of the force, Rear Admiral Du Jingcheng, told the paper.
 

The three vessels with around 1,000 sailors on board were expected to embark on the mission, which will last for at least three months, the paper said.
 

It marks a break with tradition for the modern Chinese navy, which has focused on the defence of coastal waters, combined with the occasional friendly port call. Only in 2002 did it circumnavigate the globe for the first time.
 

Indeed, a Chinese fleet has not fired a shot in anger near Africa since the 15th century, when a Ming Dynasty armada sailed to the continent and back.
 

The navy has been drawn back to Africa by an escalation of pirate attacks on merchant ships, including Chinese vessels, plying the crucial shipping route linking Asia and Europe.
 

The three vessels - the missile-armed destroyers DDG-171 Haikou and DDG-169 Wuhan and the Weishanhu supply ship - are among the most sophisticated in the Chinese navy, all entering service this decade, the Xinhua news agency said.
 

The task force will operate alongside other international warships patrolling the area.

State press suggested morale was high among the crew members, drawn from the all-volunteer navy.
 

"Our pride is too strong," said 21-year-old Ding He, a sailor on board the Wuhan. "It washes away the pain and rigours of training."
 

The mission also includes a special forces detail that has spent the past days in intensive training in maritime tactics and diving, said one of their commanders, Lieutenant Commander Xie Zengling.
 

"If the pirates make direct threats to the warships or the vessels we escort, the fleet will take counter-measures," he told Xinhua, bragging that one member of his unit "could handle several enemies with his bare hands."

Xinhua said the navy was prepared for the boredom of life at sea, equipping the ships with libraries, computer rooms and gyms.
 

China has said its warships will investigate any suspected pirate vessels, and approach them and demand that they show their relevant documents and certificates.
 
James Morton

Thursday, December 25, 2008

Calvin Coolidge (American 30th President of the United States, 1872-1933)

"Christmas is not a time nor a season, but a state of mind. To cherish peace and goodwill, to be plenteous in mercy, is to have the real spirit of Christmas."

Sophocles (496 BCE- 406 BCE)

The end excuses any evil.

Is this true? It's easy to say it is not and we must always act for good even in cases where the immediate good can lead to evil, but does the end justify the means?

Passages from the Queen's Christmas address

Her Majesty struck a somber note and while sending wishes of good cheer for Christmas made it clear, as did the Pope, that this year Christmas was a time for reflection and resolve for the year to come:

"Christmas is a time for celebration, but this year it is a more sombre occasion for many."

"People are touched by events which have their roots far across the world. Whether it is the global economy or violence in a distant land, the effects can be keenly felt at home."

"When life seems hard the courageous do not lie down and accept defeat; instead they are all the more determined to struggle for a better future."

James Morton

Pope's Christmas message speaks to Zimbabwe

The Pope expressly referred to Zimbabwe in his Christmas message. His line was careful and did not expressly attack Mugabe. Since the best chance for change is that Mugabe goes quietly this position probably makes sense.

The Pope, spoke of Zimbabwe, where hunger is spreading and deepening. He said that people there were "trapped for too long in a political and social crisis which, sadly, keeps worsening."

International pressure has been mounting for Mugabe to step down, following disputed elections in March. Millions of Zimbabwe's people need food aid, and a cholera epidemic has sharpened problems in a country once considered African's breadbasket.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Merry Christmas!!!


All that is necessary for the triumph of evil is that good men do nothing: Edmund Burke (1729 - 1797)

By far the best coverage of the trainwreck known as Zimbabwe is from Al Jazeera


Activist appears in Zimbabwe court


Jestina Mukoko, a leading Zimbabwean human-rights activist, and nine others have been charged with plotting to overthrow Robert Mugabe's government.

The activists were brought to a court in the country's capital Harare on Wednesday.
Mukoko, a former newscaster who headed the Zimbabwe Peace Project, was taken away at gunpoint in Harare on December 3 by unidentified men.

If found guilty the activists could face the death penalty, lawyers said.

The case has added to doubts over implementation of a power-sharing agreement between President Mugabe and opposition leader Morgan Tsvangirai, seen as a chance of rescuing the once relatively prosperous country from economic collapse.

Hyper-inflation means prices double every day and a cholera epidemic has killed nearly 1,200 people.

http://english.aljazeera.net/news/africa/2008/12/20081224163125717165.html

Wednesday, December 24, 2008

Happy Hanukkah!


Kindling the Hanukkah lights


The primary ritual, according to Jewish law and custom, is to light a single light each night for eight nights. As a universally practiced "beautification" of the mitzvah, the number of lights lit is increased by one each night. An extra light called a shamash, meaning guard or servant is also lit each night, and is given a distinct location, usually higher or lower than the others. The purpose of the extra light is to adhere to the prohibition, specified in the Talmud (Tracate Shabbat 21b–23a), against using the Hanukkah lights for anything other than publicizing and meditating on the Hanukkah story. This differs from Sabbath candles which are meant to be used for illumination. Hence, if one were to need extra illumination on Hanukkah, the shamash candle would be available and one would avoid using the prohibited lights. Some light the shamash candle first and then use it to light the others. So all together, including the shamash, two lights are lit on the first night, three on the second and so on, ending with nine on the last night, for a total of 44.

Ontario Superior Court's jurisdiction

The important decision in TeleZone Inc. v. Attorney General (Canada), 2008 ONCA 892 was released today. It affirms the jurisdiction of the Ontario Superior Court over federal boards. In so doing it details the general jurisdiction of the Ontario Superior Court:

[110]      Before I conclude by dealing with each of the appeals, I will provide a brief summary.  Subject matter jurisdiction refers to the power of a particular court to decide a particular type of case.  The Ontario Superior Court, as a court of general jurisdiction, has the prima facie power to decide every type of case, provided the statement of claim discloses a reasonable cause of action.  Only by clear and explicit limitation may the power of the Superior Court to decide a particular type of case be curtailed.  For example, as in Weber, a statutory remedial scheme or an arbitration clause will remove the jurisdiction of the Superior Court.  Section 18 of the FCA clearly does not limit the right to bring an action in contract or tort, or for breach of Charter rights, in the Superior Court.  It does not provide for the remedy sought by the plaintiff in any of the four cases.  Thus, a judgment may be properly rendered if a court has the power to adjudicate the type of controversy contained in the statement of claim.  The Superior Court has such power in each of the four cases.

[111]      A collateral attack refers to challenging the correctness of a judgment through subsequent independent proceedings.  The attack is collateral to the initial judgment that was accepted and not appealed.  There is no attack on the relevant administrative decision in the pleadings of any of the four cases.  Nor does an attack emerge from the record.  In each case the plaintiff claimed damages in tort or contract.  It is also noteworthy that in none of the cases did the plaintiff participate in the decision-making process of the administrative decision.  Therefore, in none of the four cases was there a collateral attack on an administrative decision.  Moreover, a collateral attack is a defence and does not go to jurisdiction.

BEST WISHES FOR THE HOLIDAYS!!!!!
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Peace on earth ...

Dozens of militant rockets, mortars barrage Israel; no casualties reported

JERUSALEM - Palestinians in the Gaza Strip are bombarding southern Israel with dozens of mortars and rockets.

No Israelis have been injured so far in Wednesday's attacks. But there is growing panic and despair over diplomatic efforts to revive an expired truce. In Gaza, three civilians were wounded when explosives apparently misfired.

Ho ho ho

First national white Christmas since 1971?

Getting around will be a challenge in most parts of the country as Canadians brace for yet another string of winter storms -- and possibly the first national white Christmas in nearly four decades.

Dave Phillips, senior climatologist with Environment Canada, said the last national white Christmas happened in 1971.

With the current forecast, it appears the only place that might have some green on the ground on Dec. 25 is Halifax.

"They have 10 centimetres of snow on the ground. They're going to probably get another couple, but then it's going to turn to rain and temperatures of about 5 degrees," Phillips told CTV News on Tuesday night.

For the rest of the country, heavy snow and high winds are causing delays at the major airports. A backlog of flight delays originating from Toronto's Pearson International Airport and Vancouver International Airport continue to snarl Christmas travel plans for countless Canadians.

Motorists should also anticipate delays as dangerous road conditions are expected thanks to freezing temperatures and blowing snow.

British Columbia is expecting another dumping of snow starting Tuesday evening while Ontarians gear up for another major snowfall in what seems like an endless string of storms in recent days.

http://news.sympatico.msn.ctv.ca/Canada/ContentPosting?newsitemid=CTVNews%2f20081223%2fnovascotia_power_081223&feedname=CTV-NATIONAL_V3&show=False&number=0&showbyline=True&subtitle=&detect=&abc=abc&date=True

Tuesday, December 23, 2008

Even Flocke says enough snow!!!!!


Toronto weather:


Today snow becoming mixed with periods of ice pellets overnight. Risk of freezing rain. Snow and ice pellet amount 10 to 15 cm.

Like him or hate him, he's the right choice!


Harper named Canadian Newsmaker of 2008

Bruce Cheadle THE CANADIAN PRESS

OTTAWA – Prime Minister Stephen Harper has been named Canadian Newsmaker of 2008 by the Canadian Press news agency.


By dint of sheer news volume, Harper was a heavyweight in 2008 – from a historic apology for the Canadian government's role in residential schools to an unprecedented constitutional end-run around a House of Commons bent on his political demise.


He was the runaway choice as Newsmaker of the Year in the annual survey of news organizations by The Canadian Press.

Arbitration clauses

Many sophisticated contracts contain arbitration provisions. Those provisions are mandatory and the courts will not permit any recourse to the court where the provisions apply.

But, as today's decision in Patel v. Kanbay International Inc., 2008 ONCA 867 makes clear, if the arbitration provision does not explicitly apply it will not bar recourse to the court:

[13]          The issues at stake here do not arise from a transaction like the supply of electric energy, or the transportation of liquefied gas via pipeline. They arise from a wrongful dismissal dispute and a tort action for negligent misrepresentation. The question of the value of the respondent's share entitlement arises only in the course of determining whether he received a negligent misrepresentation about that value. The question of waiver arises only in the context of that tort claim and the respondent's wrongful dismissal dispute. Neither question arises in a dispute over a commercial transaction. In the context of this case, the term "commercial" does not apply and the issues cannot be said to require a "commercial" arbitration for their resolution. For that reason the ICAA and the Model Law are not engaged.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

Duffy appointed to Senate

I wonder if the infamous Dion interview had anything to do with this appointment?



In any event, here is yet another example of Harper talking one way and acting another.



It seems that there isn't a whole lot special about the new Conservative Party -- they do what needs to be done and damn the policy. I can't see Preston Manning doing something like this.



Don Martin: Harper appointments confirm Senate role as payola heaven



National Post Dec 22, 2008



There's always professional squeamishness when journalists are granted a juicy patronage plum from the government they are paid to objectively cover.



Mike Duffy has been a CBC or CTV icon since most of today's national press gallery members were in diapers. He's entertaining, informative, plugged-in and, as that incessant rotation of ego-stroking MP testimonials on CTVs' Newsnet suggests, genuinely liked or begrudgingly respected by all political parties.



But at the stroke of noon on Monday, he went from being last week's host of Mike Duffy Live to being next month's Mike Duffy Sedate as one of Prime Minister Stephen Harper's lapdog Conservative senators.



Whether real or imaginary, journalist appointments by government are viewed as the reward for obedient conduct, a perception further tainted by having Mr. Duffy's appointment lumped in with a trough-full of patronage payoffs for Conservative fundraisers, defeated candidates and party toadies.



Full story here: http://www.nationalpost.com/m/blog.html?e=fullcomment/archive/2008/12/22/don-martin-harper-appointments-confirm-senate-role-as-payola-heaven.aspx

Harper kyboshes public review of Supreme Court appointment

Thomas Cromwell is, by all accounts, a good choice for the Supreme Court. I support his appointment.

What's more, I have some hesitation about public hearings to confirm judges -- yes judges are very important and the public ought to know how and why they are appointed, but the US process does no inspire confidence.

So why am I even mentioning the direct appointment (ok, nomination but functionally it's the same thing) by the Prime Minister?

Because it is yet another example of the disconnect between what the Prime Minister said he'd do and what he's doing. The odd thing is that I tend to agree with what the Prime Minister does as opposed to what he said he was going to do.

Maybe Harper is a stealth Liberal?


OTTAWA -- Prime Minister Stephen Harper confirmed the nomination Monday of Justice Thomas Cromwell to the Supreme Court of Canada, bypassing his plan to hold a public hearing on the process to give Canadians more insight into one of the most influential judges in the country.
James Morton

Monday, December 22, 2008

Conservative platform vs reality Part II

My earlier post on Conservative platform vs reality got some strong comments, but none addressed the real disconnect between the Conservative platform and what the Conservatives are doing.

There is such a disconnect -- the Conservatives are not doing what they said they would (they may well be right not to do what they promised but that is a different point). Why is that? And is this causing concern in the Conservative Party?

(And yes, Conservative readers, I know the Liberals have not always done what they promised -- this isn't an attack on the Prime Minister as much as a request for information)

Consumer confidence low...

If consumers don't buy, then manufacturers can't manufacture.

Consumer confidence at 26-year low: reportConsumer confidence in Canada is at its lowest level in 26 years, says a new report from The Conference Board of Canada.

The CBoC said its consumer confidence index fell 3.3 points to 67.7 -- the third consecutive monthly decline.

"On a monthly basis, the index has now dropped significantly below early 1990s levels. Only during the recession of 1981-82 have we seen lower levels of confidence," Glen Hodgson, CBoC's senior vice-president and chief economist, said in a press release.

Conservative platform vs reality

We can now think of Senate reform, fixed election dates and deficit avoidance as a matched set.

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

Sufficiency of reasons and jurisdictional error

The decision of a magistrate to commit an accused to trial at a preliminary inquiry is not subject to appeal. But the decision is subject to judicial review provided a jurisdictional error has been committed.

Of course, what is an error going to jurisdiction as opposed to an error within jurisdiction? The question is a difficult one but Friday's decision in R. v. Suissa, 2008 ONCA 860 suggests a failure to give adequate reasons is not, in itself, a jurisdictional error.

The Court held:

"First, we do not accept that the inadequacy of reasons given for committal for trial is per se a jurisdictional error. "
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4

PM to name 18 Senators;

Politics is the art of the possible but seriously, Stephen Harper is using the Senate in so crass a manner as to be embarrassing.

PM to name 18 Senators;
Times & Transcript (Moncton) Monday, December 22, 2008
Page: C1
Section: News
Byline: THE CANADIAN PRESS

Prime Minister Stephen Harper will do his bit this week to boost employment during dire economic times, appointing 18 Conservative faithful to cushy jobs in the Senate.

Among those rumoured to be in line for $134,000-a-year Senate seats are former broadcaster Pamela Wallin, former Prince Edward Island premier Pat Binns, erstwhile Conservative campaign chairman John Reynolds and onetime Olympic skiing champion Nancy Greene.

Harper's timing - just days before Christmas when few Canadians will be paying close attention - suggests he fears the spate of appointments to Parliament's unelected upper house won't be popular.

James Morton

Legal fees mount in Tory case against Elections Canada

A curious story ...


TIM NAUMETZ

Globe-Canadian Press

OTTAWA — Legal fees approaching $500,000 have become a sensitive issue in the 18-month-old lawsuit the Conservative party mounted against Elections Canada over a controversial advertising scheme during the 2006 election.

It has reached the point where the court chastised a party lawyer because his objections led to a hearing described as unnecessary.

"Why are we even spending your client's money on this — the public's money?" the acting judge, Mireille Tabib, told Michel Decary as she agreed with arguments from a lawyer for Elections Canada in a procedural dispute.

Litigation costs from the lawsuit totalled $210,350 for Elections Canada alone by the end of October, a spokesman for the agency told The Canadian Press.

The Conservative party has declined to disclose legal fees and other costs it has paid. But high-priced legal help from the prestigious Stikeman Elliot firm of Montreal would at least match the fees being paid to Barbara McIsaac, a prominent lawyer from the equally prestigious McCarthy Tetrault firm.

The costs included services such as court reporting and transcripts as well as lawyer fees.

A separate Elections Canada investigation into the disputed election advertising cost $832,291 to November, says Elections Canada.

That means total costs for the dispute have likely risen to at least $1.4-million, including the undisclosed litigation costs for the Conservatives.

The Conservatives took Chief Electoral Officer Marc Mayrand to court over his decision that the costs for radio and television ads that 67 candidates claimed as local expenses were in fact incurred by the party and should have reported as national campaign expenses.

That would have brought the Conservatives more than $1-million over their spending limit for the election.

Because the party receives a large part of its funding from taxpayers through election reimbursements, political allowances and tax deductions for financial contributions, the public in the end is picking up much of the legal tab.

James Morton


Iran's President Mahmoud Ahmadinejad
welcomes his Zimbabwean counterpart Robert Mugabe during an official welcoming ceremony in Tehran November 20, 2006.

This letter was written to a friend by a resident of Zimbabwe, where cholera, economic collapse and the despotic rule of President Robert Mugabe has reduced the country to a state of chaos. The identity of the author is being kept confidential.





We are all terrified at what they are going to destroy next........I mean they are actually ploughing down brick and mortar houses and one family with twin boys of 10 had no chance of salvaging anything when 100 riot police came in with AK47's and bulldozers and demolished their beautiful house - 5 bedrooms and pine ceilings - because it was 'too close to the airport', so we are feeling extremely insecure right now.





You know - I am aware that this does not help you sleep at night, but if you do not know - how can you help? Even if you put us in your own mental ring of light and send your guardian angels to be with us - that is a help -but I feel so cut off from you all knowing I cannot tell you what's going on here simply because you will feel uncomfortable. There is no ways we can leave here so that is not an option.I ask that you all pray for us in the way that you know how, and let me know that you are thinking of us and sending out positive vibes... that's all. You can't just be in denial and pretend/believe it's not going on.





To be frank with you, it's genocide in the making and if you do not believe me, read the Genocide Report by Amnesty International which says we are - IN level 7 - (level 8 is after it's happened and everyone is in denial).





If you don't want me to tell you these things-- how bad it is-- then it means you have not dealt with your own fear, but it does not help me to think you are turning your back on our situation. We need you, please, to get the news OUT that we are all in a fearfully dangerous situation here. Too many people turn their backs and say - oh well, that's what happens in Africa





This Government has GONE MAD and you need to help us publicize our plight---or how can we be rescued? It's a reality! The petrol queues are a reality, the pall of smoke all around our city is a reality, the thousands of homeless people sleeping outside in 0 Celsius with no food, water, shelter and bedding are a reality. Today a family approached me, brother of the gardener's wife with two small children. Their home was trashed and they will have to sleep outside. We already support 8 adult people and a child on this property, and electricity is going up next month by 250% as is water.





How can I take on another family of 4 -----and yet how can I turn them away to sleep out in the open?I am not asking you for money or a ticket out of here - I am asking you to FACE the fact that we are in deep and terrible danger and want you please to pass on our news and pictures.





So PLEASE don't just press the delete button! Help best in the way that you know how.Do face the reality of what is going on here and help us SEND OUT THE WORD..





The more people who know about it, the more chance we have of the United Nations coming to our aid. Please don't ignore or deny what's happening.Some would like to be protected from the truth BUT then, if we are eliminated, how would you feel? 'If only we knew how bad it really was we could have helped in some way'.





I know we chose to stay here and that some feel we deserve what's coming to us]For now,--- we ourselves have food, shelter, a little fuel and a bit of money for the next meal - but what is going to happen next? Will they start on our houses? All property is going to belong to the State now. I want to send out my Title Deeds to one of you because if they get a hold of those, I can't fight for my rights.Censorship!----We no longer have SW radio [which told us everything that was happening] because the Government jammed it out of existence - we don't have any reporters, and no one is allowed to photograph.





If we had reporters here, they would have an absolute field day. Even the pro-Government Herald has written that people are shocked, stunned, bewildered and blown mindless by the wanton destruction of many folks homes, which are supposed to be 'illegal' but for which a huge percentage actually do have licenses.





Please! - do have some compassion and HELP by sending out the articles and personal reports so that something can/may be done.'I am one. I cannot do everything, ---but I can do something.. And because I cannot do everything, I will not refuse to do the something that I can do. What I can do, I should do. And what I should do, by the grace of God,I will do.'

Sunday, December 21, 2008

Snowy night

I don't give a dam(n)!

Curious factoid -- the phrase properly is 'I don't give a dam' with the last word being 'dam', referring to an Indian coin of very little value.

Since the phrase has been misunderstood for at least 70 years - witness Gone With The Wind - it's probably pointless to try to correct anyone who used 'damn' instead of 'dam'.
James Morton

I guess it's not just the GTA that got hit by the great storm! All of Canada is cold!!!

Winter rolls in coast to coast with blustering snow, high winds, severe cold

The Great White North is living up to its name.

Winter debuted Sunday with boisterous displays of heavy snow, powerful winds and numbing cold across the country. Forecasters are predicting Christmas will look much the same.

"I would dare say if you're in a satellite looking down on Canada, it would be white from coast to coast to coast and it would be frozen," said David Phillips, senior climatologist with Environment Canada.

"There's no area that can say that winter hasn't really arrived."

Red warning labels stretched right across the government agency's weather map, showing snowfall warnings and arctic outflow in B.C. and flesh-freezing windchill warnings for the Prairies and northern Ontario.

There was more blustering snow through southern Ontario, and a series of winter storm warnings for Quebec and the Maritimes.

Full story here: http://ca.news.yahoo.com/s/capress/081221/national/wea_cda_winter

Liberal Leader Michael Ignatieff attended a Chanukah Menorah Lighting Ceremony


Michael Ignatieff attended Chanukah Menorah Lighting Ceremony today at the Zareinu Educational Centre, 7026 Bathurst Street, Thornhill, Ontario. Sadly I was unable to attend but I attach a wonderful picture of Michael together with Rabbi Mendy Zirkind and Michael Levitt and family. KUDOS to all who helped set up this event especially Gary Gladstone!!!

Happy Chanukah!!!

Chanukah Message from Michael Ignatieff

On behalf of the Liberal Party of Canada and our parliamentary caucus, I wish to extend my best wishes to everyone celebrating Chanukah, the eight-day Jewish Festival of Lights. It is a time to celebrate the Jewish faith and to spread the message of hope and peace.

As you gather with family and friends to light the menorah and observe this important holiday, please accept my best wishes for a memorable celebration.

Chag Sameach.

James Morton

Dustin Hoffman

Fun is my revenge against mortality
James Morton

What makes Canada special -- Michael Ignatieff

The world's deepest problem is not climate change or the supposed clash of civilizations or inequality between rich nations and poor ones -- as important as these problems are. The fundamental problem facing humanity is political: how to create stable political order among people of different religions, cultures and economic classes. As long as states can cohere as viable political communities, all their problems can be managed. But if they cannot maintain order and freedom, they cannot solve any of them.
 
Here, Canada has shown the way: maintaining freedom among peoples who value their differences yet desire to live as equals in a political community.
 
Being Canadian, we do not shout our achievement from the rooftops. We know we still have a long way to go before the achievement is complete. Many of our people do not share in the promise of Canadian life; many of our regions feel left out of our prosperity; our national unity is a permanent work-in-progress. But we know what we have to do. The rights enshrined in our Charter of Rights and Freedoms exhort us all to narrow the gap between the Canada we actually live in and the Canada we know we can build together.
 
Other countries have also managed to maintain successful political communities. What makes Canada's achievement distinctive? While all modern democracies protect rights, our system is special in the way it reconciles individual and group rights.
 
Both our provincial and federal charters protect group rights to language in order to guarantee the preservation of the French fact in North America. These charters also protect the treaty and Aboriginal rights of our First Nations, Inuit and Metis peoples.
 
Reconciling group and individual rights is not easy. Canadians want both their equality recognized and their differences respected. They want to be acknowledged as equal individuals and as members of communities. Recognition of equality points one way; recognition of difference can point another. Moreover, while all communities in Canada should be equal, not all communities are the same.
 
Aboriginal Canadians claim the status of first nations, in recognition of the fact that they maintained political order before European settlement. The Quebecois see themselves as a national group within Canada, in recognition of their distinctive language and history as a French colony.
 
There is no reason in principle why acknowledging the national character of certain communities in Canada should put the unity of the whole at risk. We have been working at reconciling these competing principles since Confederation, and while constitutional reconciliation of equality and difference remains elusive, our arguments have not broken up our country. Indeed, we have become a model for the world of how to balance majority and minority interests and how to maintain the unity of a complex federation.
 
Our vocation in the world is to help other countries deepen and develop their citizenship as we have deepened and developed our own. Just as we seek to promote "peace, order and good government" at home, we should seek to do the same abroad.
 
We have also established the most progressive political culture in the Americas. Our laws protect the equality rights of all Canadians regardless of sexual orientation, including rights to marriage. Our laws guarantee a woman's right to choose. The Canada Health Act commits the federal and provincial governments to guarantee equal rights of access to health for all citizens. Our constitution commits the federal government to use its authority and spending power to maintain rough equality of services among all regions and among all citizens.
 
There are some other distinguishing marks as well. Unlike the United States, Canada does not recognize a constitutional right to bear arms. Canada does not practise capital punishment. In these and other ways, our rights culture entrenches our national identity as a progressive people.
 
Maintaining these commitments is not easy. There is no stable political consensus in favour of them. It takes political leadership to articulate why these values matter, and why we need to make sacrifices in order to keep them flourishing. It is also the work of political leaders to hammer out compromises when the rights and interests of competing groups conflict. Active engagement in politics -- by citizens and by leaders -- is essential if we are to maintain our distinctiveness as a progressive people and to find the compromises that keep us together. 
 
Source: Michael Ignatieff, National Post  Published: Saturday, December 20, 2008
 
James Morton
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