Election? Not likely

I agree with Harper (for once) that Canada has a crisis to deal with and, provided the budget addresses the crisis, now is not the time for an election.

When will there be an election? My guess is likely the fall or perhaps spring 2010.

Although meaningless (except as showing a snapshot view) I note we are (slightly) ahead of the Conservatives in the most current polls. That does not mean we should have an election but it does mean the Conservatives will see good reason to work cooperatively. (Even beyond the good of Canada; and the Conservatives do seek that, even if they may go about it the wrong way).

PM changes budget tone; Harper promises Tories will work with opposition
The Kingston Whig-Standard
Saturday, January 10, 2009
Page: 13
Section: News
Byline: BY TOBI COHEN, THE CANADIAN PRESS;
Dateline: MONTREAL

Prime Minister Stephen Harper offered his political rivals an olive branch yesterday as he dialed down last month's heated parliamentary rhetoric and promised a conciliatory approach to a coming federal budget aimed at helping the ailing economy.

The friendly, co-operative tone came as a new poll suggested a resurgent Liberal party under new leader Michael Ignatieff, who was himself pledging to hold the governing Conservatives to account with a pre-budget wish list of his own.

"Now is the time for everybody ... to try and reach consensus if that's possible, but especially to try and work together - federally, provincially, internationally, across party lines - to deal with the problems that everybody knows are urgent and large," Harper said

Harper said he hopes to meet soon with Ignatieff and that final decisions on what will be in the Jan. 27 budget would be made shortly after next week's meeting with provincial premiers.

Now is not the time for "parliamentary games," Harper said - a vague reference to the parliamentary storm that erupted when the opposition sought to overthrow the Conservatives by forming a coalition government under the leadership of former Liberal leader Stephane Dion.

James Morton

The Shortest Journey

The Shortest Journey

The shortest journey is across the years.
The light has not gone out. The house teeters,
a wall bends. And here they stand
together like neighbors,
my night of now, my day of then.
What could they have said: We’re changing, aging?

The shortest journey is into the past.
Do you remember? A cool sea, two boats touching,
children on a hill have lifted a torch—
Are we aging? Changing? Know this: until tomorrow,
such long hours await me.

Leah Goldberg

Conrad Black asks U.S. Supreme Court to hear his case

TheStar.com
January 09, 2009
THE CANADIAN PRESS

Conrad Black, who is in a Florida prison serving a 6 1/2-year sentence for fraud and obstruction of justice, has asked the U.S. Supreme Court to hear his fraud case in a last-ditch effort to overturn his conviction.

The former CEO of Hollinger International wants the country's highest court to review his guilty verdict to assess whether the prosecution's argument that Black deprived shareholders of the honest services they were owed is a legitimate one.

But Jacob Frenkel, a former U.S. prosecutor who has followed the case, said Friday the bid is unlikely to succeed.

Unlike lower courts, the Supreme Court must agree to hear a case, which means Black's petition is fighting to get through a door ``with such a small crack that the likelihood of getting in is negligible," Frenkel said.

"Statistically, the likelihood of the Supreme Court agreeing to review is marginally better than the likelihood his sentence will be commuted – and both are around nil."

Toronto lawyer James Morton said he would "be astonished" if the Supreme Court accepted Black's petition.

"The jury legitimately could have found that there was theft of company money, so there is a supportable basis for the jury's decision which is not tainted in any way by any legal argument," Morton said.

"Since the jury's decision is supportable on the facts, why would the Supreme Court take this case where it's muddy to clarify an area of law that's really not all that unclear anyway?"

Flocke and Vladi playing

Ignatieff vaults Liberals into tie with Tories, poll suggests

OTTAWA — The Liberal party has bounced back into contention with Michael Ignatieff at the helm, a new poll suggests.

The Liberals have moved into a statistical tie with the governing Tories, according to the Nanos Research survey provided exclusively to The Canadian Press.

Liberal support stood at 34 per cent, the poll suggests, one point ahead of the Conservatives and up eight points from the Liberals' dismal showing in the Oct. 14 election under the leadership of Stephane Dion.

The Tories slipped almost five points from the election to 33 per cent while NDP and Green support was virtually unchanged at 19 per cent and seven per cent respectively.

The Liberal resurgence was particularly pronounced in Quebec, where the poll indicates the party vaulted into the lead with 39 per cent support to 29 per cent for the Bloc Quebecois, 17 per cent for the Tories and 14 per cent for the NDP.

Voter enchantment with Ignatieff, who was hastily installed as leader last month, appeared to be the driving force behind the Liberal bounce

CUPE offices picketed over Ryan boycott call

From the Star.Com

CUPE offices picketed over Ryan boycott call TheStar.com - GTA - CUPE offices picketed over Ryan boycott call

AARON HARRIS / TORONTO STAR

Mandy Woznica holds a sign outside the CUPE office in Toronto Jan. 9, 2009. Supporters of the Jewish Defence League of Canada are picketing outside the office of CUPE Ontario today to protest against a proposed boycott of Israeli academics at Ontario Universities.

January 09, 2009

Emily Mathieu
Staff Reporter

Supporters of the Jewish Defence League of Canada are picketing outside the office of CUPE Ontario today to protest against a proposed boycott of Israeli academics at Ontario Universities.

"It's racist, discriminatory and it goes against the charter of rights and freedoms in our country," said Meir Weinstein, national director of JDL Canada at the protest taking place at the office at 305 Milner Ave., in the Markham Rd. and Sheppard Ave. area. JDL, which is known as a radical group, organized the event.

About 40 supporters stood waving Israeli flags and carrying signs reading, "Smash Islamic terror" and, "Stop Apartheid where it exists."

Protesters waved at passing cars, encouraging them to honk in support.

Last Friday, CUPE Ontario president Sid Ryan called for the boycott of Israeli academics and educators who do not condemn the Dec. 29 bombing of the Islamic University in Gaza and "the assault on Gaza in general."

ZooAtlanta Panda

Xi lan and Lun Lun having some quality bonding time in the hammock, but is that a kick in the face?

“Blessed is the match”

Blessed is the match, consumed in kindling flame.

Blessed is the flame that burns in the heart's secret places.

Blessed is the heart that knows, for honors sake, to stop its beating.

Blessed is the match, consumed in kindling flame.

Hannah Szenes

What is a father?

This story seems to have caused considerable distress to many. But the difficulty is one of definition and not reality.

What do I mean?

Clearly, the husband here is not the twins' 'father' in the biological sense. And clearly the husband has a real legitimate complaint against the wife.

But the Court's decision (by a very competent and sensible judge) doesn't address either of those issues. Rather the Court is looking at (1) who raised the children and (2) who should pay for their support. These kids were raised by the husband as a father and the kids have no fault in the matter -- the fact their mother misled her husband does not mean they ought to suffer. Or rather, that the Province should now support the kids.

(Maybe the biological father should pay some money to the husband, or at least for ongoing support, but that's another issue).

In passing, historically this issue would not arise because a child born to a married woman was deemed to be the child of the father regardless of who the biological father was.

Definition of fatherhood revisited after Cornelio ruling

Matthew Coutts,

National Post

Questions have been raised about the true meaning of fatherhood in a recent Ontario Superior Court ruling that decided a Toronto-area man must continue paying child support to his former wife, despite DNA tests that proved he was not the biological father of her 16-year-old twins. The decision appears to underline a trend that suggests biological connections play a much lesser role in defining the meaning of fatherhood in a court system that is increasingly considering the best interests of the affected children and redefining the concept of family."These kids treated him as a father, and knew him as a father. And the Supreme Court of Canada said we should look at this issue based on the child's best interest, and it certainly in the child's best interest to continue to be supported by the only man they have ever known as a father," said Kelly Jordan, a partner at Jordan Battista LLP in Toronto. Ms. Jordan, an expert in family law, said the decision is based on the Divorce Act, which states a child of a marriage can be any child for whom one stands in the place of a parent. In the recent case, in which the mother said she did not recall having an extramarital affair and the father said he had been misled about the origin of children he raised as his own, the judge decided that since "he was the only father the twins knew during the course of the marriage," he was responsible for continuing that relationship after the couple's separation.""While the failure of Ms. [Anciolina] Cornelio to disclose to her husband the fact that she had an extramarital affair and that the twins might not be his biological children may well have been a moral wrong against Mr. [Pasqualino] Cornelio, it is a wrong that does not afford him a legal remedy to recover child support he has already paid, and that does not permit him to stop paying child support," Judge Katherine van Rensburg wrote in her summary on Dec. 22, 2008.Mr. Cornelio had suspicions about the twins' parentage before seeking joint custody in 2002, four years after the couple separated. The judge ruled that since Mr. Cornelio's sought joint custody despite these suspicions, it was apparent he considered himself to be the father. But Walter Fox, a lawyer who has been working with father's rights groups for more than 15 years, said Mr. Cornelio should have been given the opportunity to decide how he would have acted knowing the children were not biologically his. "Learning that he is not the biological father, it can be a game-changer if he makes it so. He's been given no choices throughout this. And the court continues to say he has no choice," said Mr. Fox."These children have been raised by a man who believed he was their father and wasn't, and that is something they should have to deal with. Everybody has a struggle with something in their lives, and this is something those children should have to deal with."But Ms. Jordan contends it is likely the same decision would have been reached even if the father had not had any doubts since it is in line with recent legal judgments. With adoptions and the formation of non-traditional families more commonplace, courts now look beyond genetics to determine what makes a family. Ms. Jordan pointed to a 2006 ruling that allowed a lesbian who conceived with an anonymous donor to put her partner on the birth certificate."You've got a situation here, for 16 years he raises these ... (children) as his own and looking at it with the lens of what is best for these kids, I don't think he can say 'I would have done it differently had I known.' Because he may have, he may have not."Harold Niman, an expert in family law at Niman Zemans Gelgoot LLP in Toronto, says that there is no question that Mr. Cornelio is legally the children's father, although he believes he has a fair complaint about being misled by the mother."What I see as being the question that flows from this situation is should the mother be accountable? Not in the sense of losing child support, because child support is for the benefit of the children, but should she be accountable in law to the father for having deceived him?" he said.
James Morton

Let Ignatieff do his own thing

Interesting piece out of Winnipeg; here's a clip.

Winnipeg Free Press
Friday, January 9, 2009
Page: A6
Section: Columns
Byline: Dan Lett

If there is one thing Liberals simply cannot abide, it is a winner.

Consider the case of one Michael Ignatieff. Despite having recently assumed the leadership of the federal Liberal party at a critical time in the political history of this country, Ignatieff continues to spend too much time dodging the sniping from the very people he is supposed to be leading.

This week, national reports indicated Ignatieff was close to completing his inner circle. Not surprisingly, that circle is comprised of many Torontonians who played an instrumental role in luring Ignatieff into federal politics, getting him elected to the House of Commons and running his leadership campaign. Despite the inherently logical approach of dancing with the ladies that brung him, he has been criticized from within the party.

A Canadian Press report this week indicated "some Liberals" were unhappy Ignatieff was not recruiting from the ranks of those Grits who supported other leadership contenders. The report suggested Ignatieff might be ignoring good people from other camps, a strategy that contributed to former prime minister Paul Martin's destruction.

There is no doubt some Liberals are concerned about Ignatieff's actions. This is a familiar refrain when a new Grit leader takes over. But these naysayers are revealing more about themselves, and the damaged Liberal party brand, than Ignatieff.

Ignatieff is most definitely relying heavily on the people who helped him assume the leadership. These include Ian Davey (principal secretary), son of the great Liberal "rainmaker" Keith Davey; fundraiser extraordinaire Rocco Rossi (party national director); Don Guy (national campaign director), a former chief of staff to Ontario Premier Dalton McGuinty; and former Chretien hit man Warren Kinsella (war room director). Respected former Liberal MP Paul Zed will serve as chief of staff on an interim basis.

James Morton

Toronto Rally for Israel

Last night at Beth Tzedec Synagogue in Toronto approximately 5,000 people gathered for a rally in support of Israel.

Julia Koschitzky got huge applause when she thanked both the government and the Liberal Party for their supportive position.

She said:


WE WANT TO EXPRESS OUR APPRECIATION FOR THE SUPPORTIVE POSITIONS ADOPTED BY THE GOVERNMENT OF CANADA AND THE LIBERAL OPPOSITION.

It's true -- John Tory may (finally) get back into Queens Park

Laurie Scott will give up her seat for John Tory and so he will finally have a shot at leading the Opposition party from inside the Ontario legislature as well as outside.

Laurie Scott will step aside after five years as a member of the legislature so Tory can run in her riding of Haliburton-Kawartha Lakes-Brock, near Peterborough, Conservative Party sources confirmed Thursday.

In fairness, John Tory is a very reasonable leader and quite different from the Federal Conservatives -- having him in the legislature makes sense and so we'll see if he wins the by-election.

Ignatieff on current situation in Middle East

The following remarks were delivered by Michael Ignatieff this afternoon, Jan. 8 2009, in response to questions posed at a Town Hall meeting in Halifax:

1) Michael Ignatieff: And Israel's been attacked from Gaza not just last year but for almost ten years. They evacuated from Gaza so there is no occupation in Gaza. Israel's taken military action. But I think that we are now -- all Canadians are concerned with the humanitarian situation. And Canada has a great humanitarian reputation. So we should be doing whatever we can to ensure that humanitarian and medical relief gets there. And over the long term, I think Canada's going to want to ask the question: So what happens in Gaza after this is over? How does Gaza get rebuilt? How do lives get put together again? And, you know, I'm not saying anything that liberal party leaders haven't said for 60 years going back to Pearson which is at the end of the day, there are – they are military responses to problems which are justified but there are no military solutions. And ultimately, this thing has to end with an Israel which is recognized and safe and secure and recognized and living side-by-side in peace with the Palestinian state. And everybody knows that's where this has to go. And Canada's always played a role in moving the parties that way. And that's where we have to go.

2) Federal government appears to be blaming Hamas for all of this. What's your position? How do you respond to that? Michael Ignatieff: Hamas is a terrorist organization and Canada can't touch Hamas with a 10-foot pole. Hamas is to blame for organizing, instigating these rocket attacks, and then for sheltering among civilian populations. And Israel is justified in continuing military operations. But every Canadian, whatever community they are from, the Jewish community, the other Middle Eastern communities, is concerned about the humanitarian and human cost of this. And so the international community is attempting to drive this toward a ceasefire. And when that becomes a sensible thing to do, there should be a ceasefire. And thenCanada should be involved in the humanitarian and medical attempts to rebuild some shattered lives.

3) Question: You mentioned Hamas's responsibility for using human shields. Peter Kent made a similar point the other day when the school was hit, said Hamas bore the responsibility. Do you agree with that assessment that Hamas bears responsibility for civilian -- I think it's imprudent for a Liberal politician to agree with Peter Kent about anything. Look, this is an extremely ruthless organization, Hamas. We have to understand that many of the images we see out of Gaza are structured and created and organized by Hamas. I don't want to minimize -- let me be clear -- don't want to minimize the human suffering in Gaza. I have been to Gaza. I have been to refugee camps personally. I have walked the ground. And I think every Canadian, whatever community they come from; legitimately concerned about what happens if we have pitched battles inside the refugee camp. It's tight. It's crowded. It's a nightmare in my view. So everybody has apprehensions about where this is going. And I think we are approaching the time when a ceasefire will be appropriate. But let's be clear about the ceasefire issue. These rocket attacks have to stop. Right? It's just no ifs ands and butts about it and help we have to make sure, then we have to make sure that the humanitarian and medical needs are addressed. And we have to then as a generous country, compassionate country that we are, engage with Palestinian NGOs that are legitimate, engage with U.N. Organizations, engage with the Israeli government, engage with the international community to engage in reconstruction of Gaza. Because we don't want this to be -- remain as it is.

Bear kisses

Egypt Bolsters Forces Along Gaza Border

One of the unspoken facts in Gaza is the line between Gaza and Egypt. Although the Egyptian population is clearly of another mind, the government sees Hamas as a major danger to Egypt. There is nothing stopping Egypt from sending support into Gaza -- the Israeli "blockade" is really a joint operation with Egypt. In the picture, right, (not part of the story below) we see Egyptian forces strengthen the border wall with Gaza.

Egypt Bolsters Forces Along Gaza Border

• Middle East Newsline

CAIRO [MENL] -- Egypt has deployed thousands of soldiers as well as armored
combat vehicles along the Gaza Strip.

Security sources and witnesses said Egypt has sent up to 10,000 troops
along the 14-kilometer border with the Gaza Strip. They said the troops have
been equipped with armored personnel carriers, infantry fighting vehicles
and heavy weapons.

"The Egyptian presence is meant to maintain security and prevent an
exodus of Palestinians from the Gaza Strip," a security source said.

The Liberal interim leader has enough magnetism to fix Canadian politics

A piece worth a read from the Varsity... .


The Liberal interim leader has enough magnetism to fix Canadian politics
Dylan Robertson

Published on January 08 2009

Thanks to that YouTube video, “Yes we can!” has become an immensely popular phrase, even a slogan for Obama’s campaign. The catchphrase united Americans from radically different demographics, opinions, and viewpoints towards a single goal.


If only the Liberal Party had the same electricity. That Liberals, and left-leaning Canadians as a whole, are divided is an understatement. Over the years we’ve witnessed incapable leaders, backroom deals, in-fighting, plenty of bickering, and a general dissatisfaction.

Harper’s Conservative party, an amalgam of substantial right-wing groups, has capitalized on this division. Having created a false sense of solidarity, the Tories are raising dough and hammering into Liberal and NDP territory. Although the majority of Canadians disapprove of Harper, his opponents have become increasingly apathetic.

The left is fractured. But it isn’t broken.

On December 10 2008, Michael Ignatieff was formally declared interim leader of the Liberal Party, after Dominic LeBlanc and Bob Rae pulled out of the race. Although Ignatieff’s leadership will not be ratified until the May convention, it matters. The Liberals had scrambled to find a party head to replace Dion and lead the country in case the proposed coalition took over parliament.

Although some are upset that Ignatieff was not voted into his position, Iggy might be the only one to save the Liberal Party, the Left, and even Canada.

http://www.thevarsity.ca/article/6453-one-nation-under-ignatieff

Civil contempt and successive orders imposing incremental penal sanctions

The Alberta decision in Re Braun (2006), 262 D.L.R. holds that it is improper in a civil contempt for a Court to make warrant successive orders imposing incremental penal sanctions. In effect, civil contempt is to be punished all at once and a “ladder” approach of increasing penalties intended to ensure compliance with the breached order is inappropriate.

Yesterday’s Ontario Court of Appeal decision in Chiang (Re), 2009 ONCA 3 rejected the approach in Braun and held that a civil contempt may well justify successive orders imposing incremental penal sanctions.

[44] We are reluctant to endorse the reasoning in Re Braun for two reasons. First, its reasoning seems at odds with the coercive purpose of civil contempt. To permit only one penal sanction for the ongoing breach of an order deprives the court of the ability to impose measured, but incremental, sanctions to obtain compliance with that order. In other words, if the court can impose only one period of incarceration for a civil contempt, then it cannot address, in any meaningful way, a contemnor's continuing defiance. If repeated penal sanctions are permitted, the court can always address a concern that these sanctions may become oppressive.

[45] Second, and equally important, Ontario’s Rules of Civil Procedure appear to provide more flexibility in sentencing for civil contempt than Alberta’s Rules of Court, Alta. Reg. 390/68. In Ontario, rule 60.11(5)(a) permits the court to impose a sentence of imprisonment “for such a period and on such terms as are just”. This flexibility is incorporated into rule 60.11(5)(b), which provides that a contemnor may “be imprisoned if the person fails to comply with a term of the order”.

I want my 3,000 ducats (or gimme my kidney)

The absurdity of the claim is obvious -- perhaps it was made just to colour the rest of the case. On the other hand, it hardly puts the husband in a good light... .

Long Island doctor Richard Batista to estranged wife: Give me my kidney back or $1.5M

By LARRY McSHANE
DAILY NEWS STAFF WRITERS

Warga/News

Dr. Richard Batista donated his kidney to his wife, Dawnell, in 2001.

Richard Batista can live with his broken heart. He just can't bear his cheating wife living with his healthy kidney.

The Long Island doctor wants the one-time love of his life to pay $1.5 million for the organ he bestowed on her eight years ago in a gift meant to save her life and their foundering marriage.

"There's no deeper pain you can ever express than to be betrayed by the person you devoted your life to," Batista told reporters in Garden City Wednesday.

"I saved her life. But the pain is unbearable."

Batista charged his wife, Dawnell, repaid his gesture by first sleeping with her physical therapist - and then denying him access to their three kids in an increasingly bitter divorce.

John Tory to run again?

Radio reports suggest MPP Scott will resign her seat to allow John Tory, Ontario PC leader (but without a seat) to run. We'll see.

James Morton

Flocke and her new friend

Flocke and the Russian cub have been introduced and seem to be getting along well -- they have played together and you can see a video of them at:

http://blog.br-online.de/eisbaer/index.php?/archives/452-Bilderfutter-zum-Feierabend!.html#extended

Above is a photograph of the two together.

Cellphone firms ordered to fix 911 system to save lives

I did a trial with Justice von Finckenstein, when he was on the Federal Court -- although I was unsuccessful I was impressed with how sensible and careful he was. With more folks using cellphones as their day to day phone this change is absolutely necessary.

Cellphone firms ordered to fix 911 system to save lives
Regulator imposes deadline for upgrade that will allow dispatchers to locate callers

From Wednesday's Globe and Mail


Canada's telecom regulator will force the cellphone industry to upgrade the country's 911 system, which has fallen behind other parts of the world and may be contributing to deaths involving wireless calls for help.

Government officials said they would impose a February, 2010, deadline to install the necessary equipment to give 911 dispatchers the ability to locate cellular calls in an emergency.

The plan has not been disclosed to much of the telecom sector. It comes after a recent Globe and Mail investigation found there were several cases of fatal or near-fatal incidents last year alone where 911 dispatchers could not determine the location of the caller.

The technology has been used in the United States since at least 2005, and in some cases the equipment needed is made in Canada. The Globe investigation found that a key impediment to updating the 911 system was a reluctance by regulators to impose a deadline, as the United States did, to end years of industry infighting on the issue.

“I thought that this would put the matter to rest,” Paul Godin, director of the Canadian Radio-television and Telecommunications Commission, said Tuesday. “We are concerned about the safety and security of Canadians ... that's sort of our guiding light if you wish.”

The decision came Tuesday from CRTC chairman Konrad von Finckenstein, Mr. Godin said. Further details of the plan will be made public next month.

Attitude

John is the kind of guy you love to hate. He is always in a good mood and always has something positive to say. When someone would ask him how he was doing, he would reply, 'If I were any better, I would be twins!'

He was a natural motivator.

If an employee was having a bad day, John was there telling the employee how to look on the positive side of the situation.

Seeing this style really made me curious, so one day I went up and asked him, 'I don't get it!'

'You can't be a positive person all of the time. How do you do it?'

He replied, 'Each morning I wake up and say to myself, you have two choices today. You can choose to be in a good mood or...you can choose to be in a bad mood.

I choose to be in a good mood.'

Each time something bad happens, I can choose to be a victim or...I can choose to learn from it. I choose to learn from it.

Every time someone comes to me complaining, I can choose to accept their complaining or...I can point out the positive side of life. I choose the positive side of life.

'Yeah, right, it's not that easy,' I protested.

'Yes, it is,' he said. 'Life is all about choices. When you cut away all the junk, every situation is a choice. You choose how you react to situations.. You choose how people affect your mood.

You choose to be in a good mood or bad mood. The bottom line: It's your choice how you live your life.'

I reflected on what he said. Soon hereafter, I left the Tower Industry to start my own business. We lost touch, but I often thought about him when I made a choice about life instead of reacting to it.

Several years later, I heard that he was involved in a serious accident, falling some 60 feet from a communications tower.

After 18 hours of surgery and weeks of intensive care, he was released from the hospital with rods placed in his back.

I saw him about six months after the accident.

When I asked him how he was, he replied, 'If I were any better, I'd be twins...Wanna see my scars?'

I declined to see his wounds, but I did ask him what had gone through his mind as the accident took place.

'The first thing that went through my mind was the well-being of my soon-to-be born daughter,' he replied. 'Then, as I lay on the ground, I remembered that I had two choices: I could choose to live or...I could choose to die. I chose to live..'

'Weren't you scared? Did you lose consciousness?' I asked.

He continued, '...the paramedics were great.

They kept telling me I was going to be fine. But when they wheeled me into the ER and I saw the expressions on the faces of the doctors and nurses, I got really scared. In their eyes, I read 'he's a dead man'. I knew I needed to take action.'

'What did you do?' I asked.

'Well, there was a big burly nurse shouting questions at me,' said John. 'She asked if I was allergic to anything 'Yes, I replied.' The doctors and nurses stopped working as they waited for my reply. I took a deep breath and yelled, 'Gravity''

Over their laughter, I told them, 'I am choosing to live. Operate on me as if I am alive, not dead.'

He lived, thanks to the skill of his doctors, but also because of his amazing attitude...I learned from him that every day we have the choice to live fully.

Attitude, after all, is everything.

'Therefore do not worry about tomorrow, for tomorrow will worry about itself. Each day has enough trouble of its own.' Matthew 6:34.

After all today is the tomorrow you worried about yesterday.

Gaza -- More views

Interesting piece from Asia Times Online -- the opening paragraphs show Bennett's political position but the article goes on to deal with the practical issues related to the fighting.


Ground realities in Gaza
By Richard M Bennett

Israel's patience with Hamas finally snapped on December 27, 2008. The government of Prime Minister Ehud Olmert in Tel Aviv finally took the momentous decision that it was no longer possible politically, militarily or morally to endure the constant barrage of Hamas missiles on its citizens in the south of Israel.

This closely followed the deliberate refusal by Hamas on December 19 to renew the already shaky ceasefire of the previous six months.

International condemnation of Israel's actions swiftly followed. However to many neutral observers and indeed to the majority of Israelis, much of this wave of criticism appears to be both cynical and unjust.

For many of those states and individuals at the forefront of the protests have displayed a noticeable lack of concern over Hamas' terrorist attacks.

Similarly those same critics have shown a spectacular indifference to the plight of nearly a million Israeli civilians forced to live under the constant threat of Hamas missiles and suicide bombers.

Hamas had simply pushed its luck too far by continuing to deliberately target soft Israeli civilian targets.

Full story here:

http://www.atimes.com/atimes/Middle_East/KA08Ak02.html

Judge to decide if father of girls who froze will face sentencing circle

It's hard to say that a sentencing circle is a bad idea if it helps to heal the community. Remember the circle does not bind the Court's sentence power -- the circle can recommend one thing and the judge do another. On the other hand, this is a matter that needs to have a punishment fitting the offender and the crime; two children died.

ROSE VALLEY, Sask. - A Saskatchewan father whose two young daughters froze to death is about to learn if he'll face an aboriginal sentencing circle.

Provincial court Judge Barry Morgan will rule Wednesday whether Christopher Pauchay should face a sentencing circle after pleading guilty to criminal negligence causing death. It was nearly a year ago that Pauchay stumbled drunk from his home and lost the two little girls in a blizzard.

Defence lawyer Ron Piche argued for a sentencing circle, saying Pauchay has accepted responsibility for his actions and has a lot of support on his home reserve.

The Crown has said a sentencing circle is not appropriate and that the offence calls for a sentence of 2 1/2 to five years in prison.

A sentencing circle allows the aboriginal community to help determine an appropriate sentence for an offender. However, a judge is still obliged to impose a sentence and can ignore the recommendations.

Canadian morning -- Tim's in the elevator

Three years of street crime

This article puts the Madoff fraud into some context -- in effect, three years worth of street crime! Of course, how many huge frauds go undetected? If the economy had been growing still, Madoff would still be on his game... .

Just how big is a $50 billion fraud?

The amount of wealth that vanished under Bernard Madoff is roughly equal to that lost to burglars and thieves in the U.S. over 3 years.

By Scott Burns
January 05, 2009
Media accounts immediately labelled the disappearance of $50 billion, masterminded by Bernard Madoff, as the largest fraud in history.

...
Three years' worth of crime

One way to measure the extent of the damage is to compare the $50 billion to measures of loss in the FBI's Uniform Crime Reports. In 2007 there were 9.8 million crimes against property in the United States. This included about 2.2 million burglaries, 6.6 million larceny-thefts and 1.1 million car thefts.

I think you'll agree that 9.8 million crimes represent a veritable army of miscreants. In spite of that, Americans' total losses to property crimes in 2007 were a mere $17.6 billion. To be sure, it didn't feel "mere" if to anyone who suffered a burglary. The average loss was $1,991. Nor was it "mere" to be one of the 6.6 million people who suffered a larceny-theft. In those, the average loss was $886.

But when you add all the losses in 9.8 million common property crimes, it's just a fraction of the estimated $50 billion loss authorities blame on Madoff.

Perhaps 2007 was an "off" year for theft?

Well, there was a slight decline in the number of crimes, but not in the amount lost. In 2006, the report shows nearly 10 million crimes against property and losses of an additional $17.6 billion. Similarly, the 2005 report shows nearly 10.2 million crimes against property and a total loss of $16.5 billion.

Add the three years and you get $51.7 billion. Using that value, Madoff has caused losses basically equal to all the losses caused by all the conventional thieves in America for nearly three full years.

Full story here: http://finance.sympatico.msn.ca/Investing/ScottBurns/Article.aspx?cp-documentid=16568160

Snowy day in Canada

Equity in family law -- unmarried couples do not have rights in Equity similar to those of married couples

Today’s decision in Belvedere v. Brittain Estate, 2009 ONCA 1 considers in detail the use of Equity in the context of cohabiting but unmarried couples. A fair summary would be that the case strongly limits the use of trusts in family law except where there is a very clear case of uncompensated contributions to property. Put otherwise, a court is not entitled to impose a “marriage like” settlement on an unmarried couple by use of Equity. The case is of great importance in the context of the end of an unmarried couple’s relationship and is worthy of close review in that context.

Here the couple’s relationship ended with the unexpected death of one of the two. Prior to death the deceased had expressed an intention to settle certain assets with his partner but by death had not done so. There was paperwork prepared for the settlement but death intervened. Despite this, Equity was not entitled to intervene and complete the settlement as intended.

The Court writes:

[50] First, a constructive trust is available as a remedy for unjust enrichment only where monetary damages are inadequate: see Peter v. Beblow at p. 997. In this case, had unjust enrichment been established, monetary damages would clearly have been an adequate remedy. At the time of his death, Mr. Brittain’s estate was valued at approximately $6 million. There were more than adequate funds to compensate Ms. Belvedere for her claim of unjust enrichment.

[51] Second, in addition to the above requirement, there must be a link between the contribution that founds the action and the property in which the constructive trust is claimed: Peter v. Beblow at p. 988; see also Sorochan at p. 50. In this case, Ms. Belvedere did not contribute, directly or indirectly, to Mr. Brittain’s RRSPs, and whatever potential interest she might arguably have had would, in any event, be limited to Mr. Brittain’s last two payments of $13,500 per year during the time of the cohabitation.

…

[57] Where damages are the remedy for unjust enrichment, the trial judge ought to proceed on a “value received” approach: see Bell v. Bailey, (2001), 203 D.L.R. (4th) 589 (Ont. C.A.) at para. 38. In this case, the services Ms. Belvedere provided that arguably merit compensation were domestic labour, Air Canada travel and health benefits, and use of her family’s Florida condominium.

Oshawa Courthouse

A typical stripmall courthouse.

Ezra Pound

The worst mistake I made was that stupid, suburban prejudice of anti-Semitism.
James Morton

Gaza news

As is often the case, Al Jazeera is a good source of news without significant spin (yes, their editorials spin like a top but I am talking about the news stories). The most recent reports out of Gaza are clear and current and present facts, not opinion playing at fact.


Fighting rages in Gaza

Heavy fighting has taken place in and around Gaza City with Palestinian fighters putting up a stiff resistance to advancing Israeli ground forces.

Large explosions and intense gun battles were reported from the Shejaiya neighbourhood late on Monday. Flares lit up the skies as Israeli helicopter gunships and fighter jets flew low over the the city.

A spokesman of the Al-Quds Brigades, the military wing of the Islamic Jihad movement, told Al Jazeera that Israeli tanks were trying to move into Gaza City.

He said that the group's fighters had destroyed an Israeli armoured personnel carrier in the clashes.

Al Jazeera's Ayman Mohyeldin, reporting from the Gaza Strip, said that much of the fighting took place around a high area on the outskirts of the city.

"The strategic overlook essentially gives an overview of the entire northern part of Gaza .. that's why it probably has some significance to the Israeli military," he said.

"Because of its height and elevation it has probably also been used to fire rockets into Israel."

Fierce fighting between Israeli troops and Palestinian fighters was also reported in eastern Jabliya in the northern Gaza Strip.

Full story here:

http://english.aljazeera.net/news/middleeast/2009/01/200915174731392162.html

For peace is not sought in order to the kindling of war, but war is waged in order that peace may be obtained

The Just War
ST. THOMAS AQUINAS

I reply that it must be said that, in order that a war may be just, three things are necessary.

In the first place, the authority of the prince, by whose order the war is undertaken; for it does not belong to a private individual to make war, because, in order to obtain justice, he can have recourse to the judgment of his superior. Neither does it belong to a private individual to summon a multitude of people together as must be done to engage in war. But, since the care of the State is confided to Princes, it is to them that it belongs to defend the city, the kingdom or province which is subject to their authority. Just as it is permissible for them to defend these, by the material sword, against those who trouble them from within, by punishing the evil-doers according to the word of the Apostle: "The prince beareth not the sword in vain for he is the minister of God to execute His vengeance against him who doeth evil" (Romans xiii: 4), so, in like manner, it is to them that it belongs to bear the sword in combats for the defence of the State against external enemies. Also, the Psalmist says to princes: "Snatch the poor and deliver the needy out of the hands of the sinner" (Psalm lxxxi: 4). This is what makes St. Augustine say (Contra Faustum, XXII, 75): "The natural order, which would have peace amongst men, requires that the decision and power to declare war should belong to princes."

In the second place, there must be a just cause; that is to say, those attacked must have, by a fault, deserved to be attacked. This is what makes St. Augustine say in Book VI, Question 16, of Questions on Joshua: "Just wars are usually defined as those which avenge injuries, when the nation or city against which warlike action is to be directed has neglected either to punish wrongs committed by its own citizens or to restore what has been unjustly taken by it. Further, that kind of war is undoubtedly just which God Himself ordains."

In the third place, it is necessary that the intention of those who fight should be right; that is to say, that they propose to themselves a good to be effected or an evil to be avoided. This is what made St. Augustine say in the book De Verbis Domini: "With the true servants of God wars themselves are pacific, not being undertaken through cupidity or cruelty, but through the love of peace, with the object of repressing the wicked and encouraging the good."

Consequently, it may happen that, although the war has been declared by the legitimate authority and for a just cause it may nevertheless be rendered illicit by the perversity of the intention of him who makes it. "For," says St. Augustine (Contra Faustum, I, XXII, Chap. 74), "what is blamed in war? Is it the death of those who must die sooner or later, but who give up their lives to bring peace by overcoming guilty men? To blame this is the cry of cowards, not of religious people. The desire for harming, the cruelty of avenging, an unruly and implacable animosity, the rage of rebellion, the lust of domination and the like-these are the things which are to be blamed in war."

To the second argument (viz. that war is a sin, as being "contrary to a divine precept") it must be replied that these precepts, as St. Augustine says (De Serm. Domini in monte, I, 34), ought always to be observed in relation to the disposition of the soul; that is to say, that man ought always to be ready, if necessary, not to resist or not to defend himself. But sometimes we must act otherwise for the common good, and even for the good of those against whom we fight. This it is that causes St. Augustine to say, in the Fifth Epistle Ad Marcellinum: "There are many things that must be done against the will of those whom one ought to correct with a beneficent severity."

To the third argument the reply is, that those who wage wars justly have peace as the object of their intention, and so they are not opposed to peace, but only to that evil peace which the Lord did not come on earth to bring (St. Matthew x: 34). Hence Augustine says (Ep. ad Bonifacium, CLXXXIX) : "For peace is not sought in order to the kindling of war, but war is waged in order that peace may be obtained. Therefore, even in waging war, cherish the spirit of the peacemaker, that, by conquering those whom you attack, you may lead them back to the advantages of peace . . . ."

To the fourth argument the reply is that manly exercises in warlike feats of arms are not all forbidden but those which are inordinate and perilous, and end in slaying or plundering. In olden times warlike exercises presented no such danger and hence they were called exercises of arms or bloodless wars.

St. Thomas Aquinas: "The Just War", The Summa Theologica
James Morton

Interesting blog on the Baha'i Faith in Egypt

The difficulties of Coptic Christians in Egypt are well known. What I did not realize was that there was a significant Baha'i community in Egypt or that they faced ongoing difficulties as well.

Whether you accept that Bahá'u'lláh was in fact divinely sent the religion is amiable and friendly to all peoples of all backgrounds.

This blog is worth a look:

http://www.bahai-egypt.org/
James Morton

Something nice for a change

A picture of Flocke's new friend, his brother and his mother, from this summer in Moscow...

Obama stays silent

Politics is the skilled use of blunt objects.

Lester B. Pearson (1897 - 1972)


Politics, diplomacy behind Obama’s Gaza silence

Reuters

WASHINGTON -- Even as Israelis and Palestinians plunged deeper into conflict, U.S. President-elect Barack Obama remained silent, refusing to budge from his one-president-at-a-time mantra.

Obama takes office Jan. 20 but has not commented on the Middle East crisis since Israel launched attacks on Gaza nine days ago. His advisers insist that only President George W. Bush can speak for America until then.

...

While most prominent U.S. politicians have backed Israel, critics have noted that Obama joined Bush in condemning the killing of civilians in attacks in November in Mumbai, India. They would have liked him to say something about the fate of Palestinian civilians caught in the fighting.

The president-elect also has commented on the global economic crisis and his plans to try to pull the U.S. economy out of recession.

Asked about the apparent contradiction, an Obama transition aide who asked not to be named said Sunday: "President Bush is our nation's president until Jan. 20, and he is responsible for our nation's diplomacy with the world.

...

He also knows any statement is fraught with traps.

"If I were Obama, I wouldn't want to talk about it either. Frankly, it's a lot more comfortable to let this one hang on the president," said Edward Walker Jr., who served as U.S. ambassador to Israel from 1997 to 1999.

...

Pro-Israeli comments by Obama risk upsetting the Arab world even before he takes office. Comments that seem critical of Israel would anger its American supporters.

Morton Klein, president of the pro-Israel Zionist Organization of America, noted that Obama spoke out on Mumbai.

"And he's acting almost as if he's president when it comes to the economy, right? He's not screaming ‘there's only one president' when he's talking about the economic stimulus package," Klein said.

Full story:

http://www.reuters.com/article/email/idUSTRE4BT36O20081230?pageNumber=2&virtualBrandChannel=10112&sp=true

Pennies

This may be a trifle (well, it is a trifle) but I have noticed some restaurants, usually the type that specialize in making their customers feel inferior, keep the pennies (and nickels and dimes and quarters) and round up to the nearest dollar.

They never seem to round down.

And that annoys me.

Asking for the change seems like begging, but taking the difference off the tip seems wrong also.

Granted this isn't as important as most issues but it does frustrate me!

Slow but certain

Today's Globe has an interesting piece on the Leader's quiet strategy. The piece is (mildly) critical but misses what is a key point -- we are in a marathon and not a sprint.

Regardless of what happens with the budget at the end of the month we are in for a long battle. And long battles are best not rushed into blindly.

There is rebuilding to be done and that will take months, perhaps years. Even if we were to become the Government in February -- which seems unlikely -- the rebuilding would need to continue.

And so the Leader is right to take the time to prepare and move on with deliberation and not haste.

The Liberal leader is a man of magnitude. So where is he?

LAWRENCE MARTIN

January 5, 2009
Globe and Mail

Michael Ignatieff has been completing a book over the holidays, the last chapter in a family saga. That's fine and well, but there are Liberals who wish he'd chosen another time - a better moment than the immediate aftermath of becoming party leader.

With the departure of Stéphane Dion, it was thought there would be a rush of momentum for the Grits, heady sensations of relief and revival. With the eloquent Mr. Ignatieff as the new regent, hopes were further heightened.

By comparison to his predecessor, he is a man of magnitude. But where is the new dynamism? And where is he? At a volatile political juncture when the moment needs be seized, Iggy's off to a quiet and rather unremarkable beginning.

It's not so much his own doing. Circumstances have not been kind. There was no leadership race. That meant no high-profile campaign, no media-saturated convention, no hallmark speech. His overnight enthronement served the good purpose of quickly terminating the Dion stewardship. But coronations cannot be said to be democratically edifying. Rather than bolstering credibility, they can bleach it.

Iggy's investiture had the added disadvantage of coming just before the Christmas break. It meant that, with all the holiday distractions, he couldn't showcase himself. Instead, Prime Minister Stephen Harper has maintained the higher profile with his year-end interviews and hockey tournament photo-ops.

James Morton

Another snowy day ...

Gaza and Lebanon

I don't agree with the spin on this BBC report but it does illustrate well the very significant differences between Gaza today and Lebanon in 2006.

" In the Israeli border town of Sderot more people were on the streets during the day than a few days ago. They were feeling less tense now that Israel had sent soldiers in. Israel's justification for what it is doing is the need to protect its citizens in Sderot and the other towns within rocket range of the Gaza Strip."

<http://news.bbc.co.uk/1/hi/world/middle_east/7810888.stm>
James Morton

Ok, so it's not a buffer zone

Israeli forces bisect Gaza



IBRAHIM BARZAK AND MATTI FRIEDMAN



Globe-Associated Press



January 4, 2009 at 8:08 AM EST



GAZA CITY, Gaza Strip — Israeli ground troops and tanks cut swaths through the Gaza Strip early Sunday, bisecting the coastal territory and surrounding its biggest city as the new phase of a devastating offensive against Hamas gained momentum.



Thousands of soldiers in three brigade-size formations pushed into Gaza after nightfall Saturday, beginning a long-awaited ground offensive after a week of intense aerial bombardment. Black smoke billowed over Gaza City at first light and bursts of machine gun fire rang out.



TV footage showed Israeli troops with night-vision goggles and camouflage face paint marching in single file. Artillery barrages preceded their advance, and they moved through fields and orchards following bomb-sniffing dogs ensuring their routes had not been booby-trapped.



The military said troops killed or wounded dozens of militant fighters, but Palestinian medical teams in Gaza, unable to move because of the fighting, could not provide accurate casualty figures.