We can only hope that Hamas will take the opportunity to claim victory but act to restrain further rocket attacks. Perhaps a modus vivendi can even be achieved?
Israel declares unilateral ceasefire, says goals have been realized
JERUSALEM - Israel's top leadership Saturday approved a unilateral ceasefire that would halt the devastating 22-day military offensive in the Gaza Strip but Hamas vowed to keep fighting until all Israeli forces pull out.
Prime Minister Ehud Olmert said after an emergency meeting of Israel's security cabinet the truce will go into effect at 7 p.m. ET Saturday.
He said Israel will keep troops on the ground in Gaza for the time being.
"Our goals as they were set at the beginning of the operation were fully realized, and even more than that," Olmert said.
"Hamas was hit hard, in its military arms and in its government institutions," Olmert said. "If the fire stops entirely, the IDF (Israel Defence Forces) will weigh pulling out of Gaza at a time that befits us. If not, the IDF will continue to act to defend our residents."
James Morton
Saturday, January 17, 2009
Homeless in Richmond Hill
Just because they are not as visible does not mean there are no homeless in the 905 region of the GTA.
I am not speaking about the 'undersheltered' -- people cadging a bed at a friend's home -- I am speaking about those actually living on the street.
In the 905 region they do not live on sidewalks, as in Toronto, but rather behind dumpsters or under locomotive bridges.
I ran across a homeless man last time I was in Richmond Hill. He claimed to be looking for work and was clearly aiming for a few dollars as a handout. I gave it to him.
Once C. S. Lewis gave a few shillings to a tramp and a friend told Lewis the tramp would just spend the money on whiskey or beer. Lewis replied that if he had kept the money he would probably have spent in on the same thing. Judge not ... .
James Morton
Rasputin
The Russian cub staying with Flocke has had a name change. At first he was called Vladi but now he is being called Rasputin.
The name is, at first, troubling because of the association with a dissolute monk but it may not be a bad choice.
Rasputin (Распутин) is not an uncommon (sur)name. The root is not certain but may come from rasputitsa (распутица), "muddy road season", which would certainly make sense for the muddy Russian cub.
Unilateral ceasefire?
Widespread media reports, including the clip from Al Jezeera below, suggest that Israel may unilaterally cease firing later today. It is unclear whether this would be accompanied by a withdrawal of troops.
Presumably the concept is to end the fighting before Obama is President and to avoid having to negotiate directly with Hamas. Since it appears that Hamas has been very badly hurt, and is not likely to suffer much more damage even if the fighting continues, Israel has likely achieved what it can.
Of course the idea that Hamas is not part of the negotiations is a fiction -- there have been ongoing talks in Egypt for days now -- but it allows both sides to stay "pure".
'Unilateral ceasefire'
While Israel's bombardment of the Gaza Strip intensified on Saturday morning, with some attacks reported in the afternoon, the country's security cabinet is expected to decide on ending the assault, Israeli sources have said.
The move would be seen as preferable to entering into an Egyptian-brokered ceasefire with Hamas, unnamed sources have said.
Tzipi Livni, Israel's foreign minister, said on Israel's Channel 10 television that "the end doesn't have to be in agreement with Hamas, but rather in arrangements against Hamas".
...
Hosni Mubarak, Egypt's prime minister, called for an immediate ceasefire and the removal of Israel's troops from the Gaza Strip on Saturday.
Egypt has been pushing Israel and the rival Palestinian factions to reach an agreement, and a Hamas delegation returned to Cairo on Friday for a second round of talks.
Responding to talk of unilateral action by Israel, Hamas on Saturday threatened to ignore such a ceasefire and continue fighting. "Clearly, we have nothing new to propose ... either we hear what we have proposed [is accepted] or we will go back to the battlefield," Osama Hamdan, Hamas's representative in Lebanon, said.
"The [large] number of our martyrs will not push us to surrender, but to insist on resistance."
Speaking at a forum in Beirut, Hamdan called on Arab leaders to stand by the Palestinian "resistance", and urged European nations to cut ties with Israel forits "crimes" in Gaza.
An unnamed Israeli official told the AFP news agency that Israeli troops would remain in Gaza in the event of any such ceasefire being called."If they [Hamas] decide to open fire, we will not hesitate to respond and continue the offensive," the official was quoted as saying.Israel's stated aim of the war, which it dubbed Operation Cast Lead, was to halt Palestinian rocket attacks on southern Israel.
Presumably the concept is to end the fighting before Obama is President and to avoid having to negotiate directly with Hamas. Since it appears that Hamas has been very badly hurt, and is not likely to suffer much more damage even if the fighting continues, Israel has likely achieved what it can.
Of course the idea that Hamas is not part of the negotiations is a fiction -- there have been ongoing talks in Egypt for days now -- but it allows both sides to stay "pure".
'Unilateral ceasefire'
While Israel's bombardment of the Gaza Strip intensified on Saturday morning, with some attacks reported in the afternoon, the country's security cabinet is expected to decide on ending the assault, Israeli sources have said.
The move would be seen as preferable to entering into an Egyptian-brokered ceasefire with Hamas, unnamed sources have said.
Tzipi Livni, Israel's foreign minister, said on Israel's Channel 10 television that "the end doesn't have to be in agreement with Hamas, but rather in arrangements against Hamas".
...
Hosni Mubarak, Egypt's prime minister, called for an immediate ceasefire and the removal of Israel's troops from the Gaza Strip on Saturday.
Egypt has been pushing Israel and the rival Palestinian factions to reach an agreement, and a Hamas delegation returned to Cairo on Friday for a second round of talks.
Responding to talk of unilateral action by Israel, Hamas on Saturday threatened to ignore such a ceasefire and continue fighting. "Clearly, we have nothing new to propose ... either we hear what we have proposed [is accepted] or we will go back to the battlefield," Osama Hamdan, Hamas's representative in Lebanon, said.
"The [large] number of our martyrs will not push us to surrender, but to insist on resistance."
Speaking at a forum in Beirut, Hamdan called on Arab leaders to stand by the Palestinian "resistance", and urged European nations to cut ties with Israel forits "crimes" in Gaza.
An unnamed Israeli official told the AFP news agency that Israeli troops would remain in Gaza in the event of any such ceasefire being called."If they [Hamas] decide to open fire, we will not hesitate to respond and continue the offensive," the official was quoted as saying.Israel's stated aim of the war, which it dubbed Operation Cast Lead, was to halt Palestinian rocket attacks on southern Israel.
Bowling alone
Curiously I was discussing the fact (and I think it is a fact) that just a generation ago people had more invested in friendships (similarly, the number of people involved in political parties has declined, as has involvement in things like sports leagues and other social systems).
It may be that there was more time available, or the technology was such that people could devote more attention to socializing, or perhaps it was a fluke of the post-War period, but certainly there has been a decline in close friendships:
Friendships on the decline as pace of life quickens; Canadians have fewer friends and see them less: research
Shannon Proudfoot
Ottawa Citizen, Jan. 17, 2009
Our friendship networks are shrinking, a mounting body of evidence suggests, a social erosion that's linked to factors ranging from longer work hours toa population on the move.
"I don't think there's any doubt that the intensity and the number offace-to-face interactions is decreasing," says James White, a professor ofsociology at the University of British Columbia.
The pace of life has accelerated, he says, and people work longer and harder to maintain the same standard of living. At the same time, technology acts as a "buffer," Mr. White says, recalling a recent short-haul flight where noone spoke to their seatmates, but the cabin erupted into one-sided conversations the second the plane landed and everyone could turn their cellphones on.
Statistics Canada figures indicate the proportion of Canadians reporting they have at least two friends has dropped across almost all demographics inrecent years. Among the 45-to-64 age group that includes most baby boomers, for example, about 85 per cent said they had at least a couple of friends in1990, but that proportion fell to about 82 per cent by 2006.
It may be that there was more time available, or the technology was such that people could devote more attention to socializing, or perhaps it was a fluke of the post-War period, but certainly there has been a decline in close friendships:
Friendships on the decline as pace of life quickens; Canadians have fewer friends and see them less: research
Shannon Proudfoot
Ottawa Citizen, Jan. 17, 2009
Our friendship networks are shrinking, a mounting body of evidence suggests, a social erosion that's linked to factors ranging from longer work hours toa population on the move.
"I don't think there's any doubt that the intensity and the number offace-to-face interactions is decreasing," says James White, a professor ofsociology at the University of British Columbia.
The pace of life has accelerated, he says, and people work longer and harder to maintain the same standard of living. At the same time, technology acts as a "buffer," Mr. White says, recalling a recent short-haul flight where noone spoke to their seatmates, but the cabin erupted into one-sided conversations the second the plane landed and everyone could turn their cellphones on.
Statistics Canada figures indicate the proportion of Canadians reporting they have at least two friends has dropped across almost all demographics inrecent years. Among the 45-to-64 age group that includes most baby boomers, for example, about 85 per cent said they had at least a couple of friends in1990, but that proportion fell to about 82 per cent by 2006.
Friday, January 16, 2009
York -- the strike must end
I recognise the strike at York University is not a national matter, but that doesn't detract from its importance, at least to York students. The strike has continued for so long now that it threatens the academic year. York's reputation is in tatters. Indeed it is obvious that anyone with a choice would hesitate to go to York in the future precisely because of the strike and York's appalling track record of labour disputes.
And yet the University administration seems silent. The President has said nothing and it seems the University is content to let the strike cancel the year. (There may be financial advantages to such a result; not the least could be the collapse of the union).
The part-time faculty union has adopted a stance of no backing down and may win the battle but lose the war.
It's time for binding arbitration.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Surviving a plane crash -- 75% of passengers live
Here's a surprising piece that actually has useful information on surviving a plane crash:
The US Air Crash into the Hudson River proves that most of the things we believe about surviving airplane accidents are completely wrong. "Miracle on the Hudson" is a perfect headline to describe the pilot's incredible landing and the perfect evacuation of 150 passengers. But as I learned over the last few years writing a book called The Survivors Club: The Secrets and Science that Could Save Your Life, the truth about who lives and who dies in plane crashes and other emergencies may surprise you.
http://www.huffingtonpost.com/ben-sherwood/the-three-myths-about-pla_b_158362.html
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Oath helping forbidden
Oath helping, having a witness attest to the credibility of another, was part of the early common law. One reads of cases from time immemorial where dozens of witnesses were called solely to say "if X swears an oath X ought to be believed". Such evidence has not be admissible since at least the Restoration.
Difficulties emerge, however, with regard to evidence regarding peculiarities in testimony that might be misunderstood to impact on credibility. Thus it may be proper to call an expert witness to explain that an abused child would, say, not come forward with a complaint right away. Sometimes such testimony slides into evidence that the child is telling the truth.
Difficulties emerge, however, with regard to evidence regarding peculiarities in testimony that might be misunderstood to impact on credibility. Thus it may be proper to call an expert witness to explain that an abused child would, say, not come forward with a complaint right away. Sometimes such testimony slides into evidence that the child is telling the truth.
Such an slippage is, as today's decision in R. v. P.G., 2009 ONCA 32 makes clear, improper. The Court holds:
[16] First, expert evidence is not rendered inadmissible simply because it may bear on the very factual issue to be decided by the trier of fact. Second, an expert witness may not offer an opinion as to the veracity of any witness, except in very exceptional cases. Third, expert opinion as to what factual inferences or conclusions should be drawn from the evidence concerning the "behaviour and symptomatology" of a child is admissible even though it indirectly enhances the credibility of the child's evidence. Fourth, the trial judge may control the format in which the expert evidence is given by excluding an expert's conclusory statements where the expert is able to express the opinion in less conclusory terms without detracting from its accuracy.
[17] These principles, taken together, allow the Crown to present expert evidence that will assist the trier of fact while protecting the accused from the trier of fact placing undue weight on the expert's opinion. There exists, however, potential tension between the second and third principles. The second principle is that the expert is not permitted to express an opinion about the veracity of any witness. Despite this, the third principle states that the expert is permitted to offer an opinion (based on the child's "behaviour and symptomatology") that the child has been sexually abused even though it "indirectly enhances the credibility of the child's evidence."
[18] The third principle qualifies but does not annul the second principle. While the scope permitted an expert witness by the third principle is broad, the court should be vigilant in ensuring that the expert in expressing his or her opinions does not violate the second. As Doherty J.A. noted in Khan v. College of Physicians and Surgeons of Ontario, though there is strong value and need for evidence in cases of child sexual abuse, a trier of fact "[f]aced with the often intractable problem of trying to decide who is telling the truth in cases of alleged child abuse ... may seek refuge in the apparent security and objectivity of the expert's opinion evidence." Major J. made much the same observation in R. v. D. (D), [2000] 2 S.C.R. 275 at para. 53, that there is a danger that "faced with an expert's impressive credentials and mastery of scientific jargon, jurors are more likely to abdicate their role as fact-finders and simply attorn to the opinion of the expert in their desire to reach a just result."
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Thursday, January 15, 2009
Martin Luther King Jr's birthday
Today is Martin Luther King's birthday. One of the many websites devoted to Dr. King is a Canadian site http://www.martinlutherking.ca/ and it has many links, one of them to a speech given by Frederick Douglas about voting rights.
On of the passages is of, sadly, enduring value:
It is plain that, if the right belongs to any, it belongs to all. ... . If black men have no rights in the eyes of white men, of course the whites can have none in the eyes of the blacks. The result is a war of races, and the annihilation of all proper human relations.
Conditional sentences and dead time
Today's Court of Appeal decision in R. v. Nusrat, 2009 ONCA 31 makes it clear that imposition of a conditional sentence requires the Court first to consider, as a condition precedent, the appropriate range of sentence.
Pretrial custody credit must be included in the consideration.
The Court holds:
[53] This violates both Proulx and Fice, which make it clear that that a judge must first determine the appropriate range of sentence before considering if the offender qualifies for a conditional sentence. As the Supreme Court of Canada stated in Fice, at paras. 21-22:
[T]he time credited to an offender for time served before sentence ought to be considered part of his or her total punishment rather than a mitigating factor that can affect the range of sentence and therefore the availability of a conditional sentence. …
Since the time spent in pre-sentence custody is part of the total punishment imposed, it is clear that it is not a mitigating factor that can affect the range of sentence and therefore the availability of a conditional sentence, as argued by the respondent.
[54] Simply put, it is an error to refuse credit for pre-trial or pre-sentence custody so that it can be used as a mitigating factor to reduce the appropriate range of a sentence.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Torture is wrong
Michael Ignatieff has called for the release of Omar Khadr. He is right to do so. Regardless of what Khadr did his treatment after capture is beneath the dignity of a modern democracy. A Canadian Federal Court judge has found his treatment to amount to torture.
The story below makes the issue even clearer. Torture is wrong -- it happens but it ought not to be government practice.
The mere fact I have to write "torture is wrong" is troubling in itself.
Senior Guantánamo official admits 9/11 suspect was tortured, Paul Lewis, The Guardian, January 14, 2009.
Official says Guantanamo prisoner subjected to torture cannot be prosecuted
http://www.guardian.co.uk/world/2009/jan/14/guantanamo-torture-pentagon-crawford-tribunal-qahtani/print <http://www.guardian.co.uk/world/2009/jan/14/guantanamo-torture-pentagon-crawford-tribunal-qahtani/print>
L
James Morton
The story below makes the issue even clearer. Torture is wrong -- it happens but it ought not to be government practice.
The mere fact I have to write "torture is wrong" is troubling in itself.
Senior Guantánamo official admits 9/11 suspect was tortured, Paul Lewis, The Guardian, January 14, 2009.
Official says Guantanamo prisoner subjected to torture cannot be prosecuted
http://www.guardian.co.uk/world/2009/jan/14/guantanamo-torture-pentagon-crawford-tribunal-qahtani/print <http://www.guardian.co.uk/world/2009/jan/14/guantanamo-torture-pentagon-crawford-tribunal-qahtani/print>
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James Morton
U.S. Government's 'Terrorist-a-Day' Calendar
Forget the 2009 Yankees Team Calendar, or that Word-a-Day Desk calendar that's supposed to improve your vocabulary. Give me the Counterterrorism Calendar 2009.
That's right -- the <http://www.nctc.gov/> National Counterterrorism Center today released a <http://www.nctc.gov/docs/ct_calendar_2009.pdf> desk calendar that shows America's most wanted terrorists, plus a few quick-reference tips for aspiring counterterrorists (bomb-threat evacuation distances; "Indicators of a Possible Chemical Incident"; everything you need to know about Sarin).
An online <http://www.nctc.gov/site/index.html> multimedia version is available as well.
It also has this nifty photo that shows what Osama bin Laden might look like if he were, uh, trying to enter the country on a business visa ("What's the purpose of your visit, Mr. Bin Laden?").
Actually, the calendar is a great reference tool.
The center has been publishing a "daily planner" since 2005, but according to NCTC, this edition has more counterterrorism info than any planner to date.
http://www.nctc.gov/site/calendar/index.html <http://www.nctc.gov/site/calendar/index.html>
James Morton
That's right -- the <http://www.nctc.gov/> National Counterterrorism Center today released a <http://www.nctc.gov/docs/ct_calendar_2009.pdf> desk calendar that shows America's most wanted terrorists, plus a few quick-reference tips for aspiring counterterrorists (bomb-threat evacuation distances; "Indicators of a Possible Chemical Incident"; everything you need to know about Sarin).
An online <http://www.nctc.gov/site/index.html> multimedia version is available as well.
It also has this nifty photo that shows what Osama bin Laden might look like if he were, uh, trying to enter the country on a business visa ("What's the purpose of your visit, Mr. Bin Laden?").
Actually, the calendar is a great reference tool.
The center has been publishing a "daily planner" since 2005, but according to NCTC, this edition has more counterterrorism info than any planner to date.
http://www.nctc.gov/site/calendar/index.html <http://www.nctc.gov/site/calendar/index.html>
James Morton
Strike at York -- No end in sight
As a part-time teacher at York (I'm not unionized - the Law School, for some reason, falls outside the union) I am painfully aware of the labour problems at the school. It seems as if every third year there is a labour dispute of some sort or another.
Unions have a legitimate place in society -- that's so clear that the Constitution protects the right to organize -- but they fit uneasily in the context of part-time teachers at a university. For many of the workers, maybe most, the "job" is merely a transitional position and not one they care about very deeply.
I recall being a graduate student teaching classes (albeit many years ago) and while my degree was important to me, the teaching was just a side matter -- so long as I had enough money for my (rather crummy) digs and tuition I really didn't care what I did for part-time work.
York has another problem in that the unions are highly political, and tend to the hard left. What's ironic here is that the employer being struggled against is pretty well as leftist an employer as possible. The university is stuck with the funding it has and isn't really in a position to square the circle.
What all this means is that the strike at York will not end any time soon -- my sense is it will continue until at least the middle of next month. Here's a clip from the Star regarding the strike -- the full-time faculty see the danger to the school is quite real.
Almost 300 current and retired York University faculty are urging their striking colleagues to accept the latest contract offer, end their 10-week walkout and save the school's reputation.
The petition with 282 signatures is addressed to 3,340 teaching assistants, contract faculty and graduate assistants off the job since Nov. 6 who are to vote on the offer Monday and Tuesday.
"The contract that they have been offered is one of the best in Canada. We think what they are getting is more than fair and equitable, given the economic circumstances," one signatory, Prof. Bernard Lightman of the faculty of humanities , said in an interview.
The petition says a prolonged strike would further damage York's academic reputation by diminishing the perceived quality of its graduate and undergraduate degrees.
Unions have a legitimate place in society -- that's so clear that the Constitution protects the right to organize -- but they fit uneasily in the context of part-time teachers at a university. For many of the workers, maybe most, the "job" is merely a transitional position and not one they care about very deeply.
I recall being a graduate student teaching classes (albeit many years ago) and while my degree was important to me, the teaching was just a side matter -- so long as I had enough money for my (rather crummy) digs and tuition I really didn't care what I did for part-time work.
York has another problem in that the unions are highly political, and tend to the hard left. What's ironic here is that the employer being struggled against is pretty well as leftist an employer as possible. The university is stuck with the funding it has and isn't really in a position to square the circle.
What all this means is that the strike at York will not end any time soon -- my sense is it will continue until at least the middle of next month. Here's a clip from the Star regarding the strike -- the full-time faculty see the danger to the school is quite real.
Almost 300 current and retired York University faculty are urging their striking colleagues to accept the latest contract offer, end their 10-week walkout and save the school's reputation.
The petition with 282 signatures is addressed to 3,340 teaching assistants, contract faculty and graduate assistants off the job since Nov. 6 who are to vote on the offer Monday and Tuesday.
"The contract that they have been offered is one of the best in Canada. We think what they are getting is more than fair and equitable, given the economic circumstances," one signatory, Prof. Bernard Lightman of the faculty of humanities , said in an interview.
The petition says a prolonged strike would further damage York's academic reputation by diminishing the perceived quality of its graduate and undergraduate degrees.
Wednesday, January 14, 2009
Michael Ignatieff speaks to Liberals
This evening Michael Ignatieff spoke by conference telephone to Liberals across the country.
The Leader began by saying how glad he was to speak to Liberals in every part of Canada. He pointed out how encouraging it was to hear voices from everywhere.
The Leader was speaking from Vancouver and he urged everyone to come to the convention in May to help build the Party.
For the last few weeks Michael Ignatieff has been on a "listening tour" across Canada -- he has been hearing ideas from Canadians about the economy and other matters.
He then turned to the coming budget and pointed out that the economic statement in the fall was a unique failure; it united three very dissimilar opposition Parties. There are three questions Liberals will ask about the budget before deciding whether to support it. Does it protect the vulnerable. Does it protect Canadian jobs now. Does it create jobs for the future.
A question to ask is whether a coalition is a good idea. Many have concerns about the coalition concept. Liberals with thoughts on the issue should tell the Leader.
Now is the time for a government that recognises Canada needs a strong government to lead the country. There are significant challenges but there is no doubt they can be met.
Michael closed by mentioning specific ridings including Markham and Pembroke.
James Morton
The Leader began by saying how glad he was to speak to Liberals in every part of Canada. He pointed out how encouraging it was to hear voices from everywhere.
The Leader was speaking from Vancouver and he urged everyone to come to the convention in May to help build the Party.
For the last few weeks Michael Ignatieff has been on a "listening tour" across Canada -- he has been hearing ideas from Canadians about the economy and other matters.
He then turned to the coming budget and pointed out that the economic statement in the fall was a unique failure; it united three very dissimilar opposition Parties. There are three questions Liberals will ask about the budget before deciding whether to support it. Does it protect the vulnerable. Does it protect Canadian jobs now. Does it create jobs for the future.
A question to ask is whether a coalition is a good idea. Many have concerns about the coalition concept. Liberals with thoughts on the issue should tell the Leader.
Now is the time for a government that recognises Canada needs a strong government to lead the country. There are significant challenges but there is no doubt they can be met.
Michael closed by mentioning specific ridings including Markham and Pembroke.
James Morton
Nortel went into bankruptcy today
No matter how the company spins it, one of Canada's oldest and most important businesses failed today. There may be a new business emerging from the wreckage but a business that was (recently) a high tech world leader with long term Canadian roots is gone.
I suppose I could try to blame the Conservatives for the failure but that would not be correct. The failure has been long in coming and has its roots in the Canadian securities regulation system. Other issues are a need for a far better national research and development strategy. Yes, the Conservatives haven't fixed the problems here (in fairness they are working on securities regulation) but the Liberals had a chance before.
If the economy hadn't turned as sour as it is Nortel might well have survived. In bad times the weakest fail. We'll likely see more such failures -- and the Conservatives will get the blame for many of those failures. Strictly politically that's good for Liberals (assuming the election is not next month) but it's bad for Canada.
James Morton
I suppose I could try to blame the Conservatives for the failure but that would not be correct. The failure has been long in coming and has its roots in the Canadian securities regulation system. Other issues are a need for a far better national research and development strategy. Yes, the Conservatives haven't fixed the problems here (in fairness they are working on securities regulation) but the Liberals had a chance before.
If the economy hadn't turned as sour as it is Nortel might well have survived. In bad times the weakest fail. We'll likely see more such failures -- and the Conservatives will get the blame for many of those failures. Strictly politically that's good for Liberals (assuming the election is not next month) but it's bad for Canada.
James Morton
Good bye to Libblogs
It seems that too many of my posts were annoying too many political readers, and that's fine, so from now on I am not on the Libblog system -- I hope somebody reads me!!!
Nortel files for bankruptcy protection in U.S
We'll see if Nortel seeks protection in Canada today. Regardless, a sad story for a great Canadian firm.
Nortel Networks Corp, North America's biggest maker of telephone equipment, filed for bankruptcy protection on Wednesday, a day before it was due to make an interest payment of about $107-million.The company's board unanimously approved the filing, the company said in a statement.
James Morton
Joint sentence submission not binding
A sentencing judge or justice on a joint submission following a guilty plea is not bound to accept the joint submission. The joint submission is to be considered carefully but need not be followed if the sentence proposed is not fit.
This point is illustrated by this week's decision in R. v. Duguay, 2009 ONCA 23 where the Court of Appeal says:
[1] We are not persuaded that the trial judge erred in rejecting the joint submission and imposing the sentence he did. The offences were serious. They involved the exploitation of young teenage girls and we agree with the Alberta Court of Appeal in R. v. Tang [1997] A.J. No. 460 that "capitalizing on the sale of children's sexual services is no less reprehensible than other forms of serious child abuse". The sentence imposed by the trial judge gave greater weight to the principles of denunciation and deterrence in a considered and measured fashion.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
This point is illustrated by this week's decision in R. v. Duguay, 2009 ONCA 23 where the Court of Appeal says:
[1] We are not persuaded that the trial judge erred in rejecting the joint submission and imposing the sentence he did. The offences were serious. They involved the exploitation of young teenage girls and we agree with the Alberta Court of Appeal in R. v. Tang [1997] A.J. No. 460 that "capitalizing on the sale of children's sexual services is no less reprehensible than other forms of serious child abuse". The sentence imposed by the trial judge gave greater weight to the principles of denunciation and deterrence in a considered and measured fashion.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
Ignatieff snags senior PCO bureaucrat as adviser
Obviously no government secrets will be passed on but the greater interest is the recognition by senior government insiders that the Liberals are a credible government. The next election may be a long way off but as it stands now we can see significant success next time Canada votes.
JOAN BRYDEN
The Canadian Press
January 13, 2009 at 11:20 PM EST
OTTAWA — Newly minted Liberal Leader Michael Ignatieff has snagged a senior adviser right out from under Prime Minister Stephen Harper's nose.
Sources confirmed late Tuesday that Kevin Chan, executive assistant and director to top federal bureaucrat Kevin Lynch, has joined Mr. Ignatieff's team.
As clerk of the Privy Council Office, Mr. Lynch directly advises the prime minister on policy, administrative and political matters. He is the link between the Prime Minister's Office and the deputy ministers who run each government department.
As Mr. Lynch's right-hand man, Mr. Chan would presumably have had top secret clearance and access to all government confidential plans.
James Morton
JOAN BRYDEN
The Canadian Press
January 13, 2009 at 11:20 PM EST
OTTAWA — Newly minted Liberal Leader Michael Ignatieff has snagged a senior adviser right out from under Prime Minister Stephen Harper's nose.
Sources confirmed late Tuesday that Kevin Chan, executive assistant and director to top federal bureaucrat Kevin Lynch, has joined Mr. Ignatieff's team.
As clerk of the Privy Council Office, Mr. Lynch directly advises the prime minister on policy, administrative and political matters. He is the link between the Prime Minister's Office and the deputy ministers who run each government department.
As Mr. Lynch's right-hand man, Mr. Chan would presumably have had top secret clearance and access to all government confidential plans.
James Morton
Tuesday, January 13, 2009
Another wrongful conviction???
The Henry case is another wrongful conviction (or so it seems) arising out of a failure by the prosecution to make full disclosure.
Based on what was revealed in court the conviction was for a series of rather peculiar sexual assaults and those assaults, and their peculiar characteristics, continued after Henry was arrested. These facts, along with some other problematic issues (mainly to do with voice identification and line ups), were not disclosed, or were perhaps concealed, at trial.
A common thread in the wrongful conviction cases seems to be material non-disclosure.
Attacking such errors is not being "soft on crime" as some have suggested -- remember, every time there is a wrongful conviction the true culprit goes free. And that ignores the dreadful result of an innocent convicted.
The B.C. Court of Appeal has ordered the reopening of the case of Ivan Henry has spent 26 years in jail for a crime he may not have committed.
Jon Murray/Canwest News Service
VANCOUVER -- Two daughters said today they have waited 26 years for their father to have the justice system believe in his claims of innocence.
"It's been a long time coming," Tanya Henry, 35, said outside court after three judges of the B.C. Court of Appeal unanimously ruled to re-open the appeal of Ivan William Henry, 62.
Story here: http://www.nationalpost.com/m/story.html?id=1173045
James Morton
Based on what was revealed in court the conviction was for a series of rather peculiar sexual assaults and those assaults, and their peculiar characteristics, continued after Henry was arrested. These facts, along with some other problematic issues (mainly to do with voice identification and line ups), were not disclosed, or were perhaps concealed, at trial.
A common thread in the wrongful conviction cases seems to be material non-disclosure.
Attacking such errors is not being "soft on crime" as some have suggested -- remember, every time there is a wrongful conviction the true culprit goes free. And that ignores the dreadful result of an innocent convicted.
The B.C. Court of Appeal has ordered the reopening of the case of Ivan Henry has spent 26 years in jail for a crime he may not have committed.
Jon Murray/Canwest News Service
VANCOUVER -- Two daughters said today they have waited 26 years for their father to have the justice system believe in his claims of innocence.
"It's been a long time coming," Tanya Henry, 35, said outside court after three judges of the B.C. Court of Appeal unanimously ruled to re-open the appeal of Ivan William Henry, 62.
Story here: http://www.nationalpost.com/m/story.html?id=1173045
James Morton
Exodus: 23:22 "I will be an enemy to your enemies and will oppose those who oppose you."
Sometimes the most telling news is not in the main part of the news story. Here is a short passage from a news item released an hour or so ago on Gaza:
A Hamas delegation is currently in Cairo for talks on a Western-backed proposal drawn up by President Hosni Mubarak on how to end the fighting.
A senior official in Cairo indicated Egypt was getting increasingly frustrated at Hamas's response so far to its initiative.
"We're working seriously with Hamas, we need to end the vagueness and they need to say 'yes', now, to our plan," the Egyptian diplomat told AFP on condition of anonymity.
...
Egypt and Saudi Arabia blocked a proposal by Qatar for an extraordinary summit on the crisis later this week by saying discussions should instead take place at a summit in Kuwait already scheduled for January 19.
Egypt has a clear border with Gaza and has kept that border sealed pretty tight; why?
Because Egypt (and it appears Saudi Arabia) are more concerned with Hamas in Gaza (and thereby Iran in Gaza) than ending the fighting on terms that might favour Hamas. Israel is hardly an ally of either Egypt or Saudi Arabia but perhaps the enemy of my enemy is my friend?
A Hamas delegation is currently in Cairo for talks on a Western-backed proposal drawn up by President Hosni Mubarak on how to end the fighting.
A senior official in Cairo indicated Egypt was getting increasingly frustrated at Hamas's response so far to its initiative.
"We're working seriously with Hamas, we need to end the vagueness and they need to say 'yes', now, to our plan," the Egyptian diplomat told AFP on condition of anonymity.
...
Egypt and Saudi Arabia blocked a proposal by Qatar for an extraordinary summit on the crisis later this week by saying discussions should instead take place at a summit in Kuwait already scheduled for January 19.
Egypt has a clear border with Gaza and has kept that border sealed pretty tight; why?
Because Egypt (and it appears Saudi Arabia) are more concerned with Hamas in Gaza (and thereby Iran in Gaza) than ending the fighting on terms that might favour Hamas. Israel is hardly an ally of either Egypt or Saudi Arabia but perhaps the enemy of my enemy is my friend?
Legislation intended for one purpose ought not to be used for another?
Today’s decision in J.H. v. F.A., 2009 ONCA 17 provides a clear statement of the principle that provincial family law legislation cannot be used to frustrate federal immigration legislation. Although the result is hardly surprising it does suggest the more general rule that legislation designed for one use ought not to be put to another use. The Court rules:
[23] The purpose of non-removal orders under the CLRA is not to frustrate the deportation of persons who have been ordered removed from Canada pursuant to the relevant immigration legislation but to prevent parents from removing children from the jurisdiction in contested family law proceedings: see Wozniak v. Brunton (2004), 1 R.F.L. (6th) 429 (
POWER OF THE PURSE - Judges and the power of Parliament
In 1688 the sadly inept King James II was deposed by The Glorious Revolution. The Revolution was led by a union of Parliamentarians with an invading army led by the Dutch stadtholder William III of Orange-Nassau (William of Orange), who ultimately ascended the throne as William III. It would not be extreme to suggest the Revolution of 1688 made the English speaking world what it is today – it solidified Parliamentary jurisdiction over the monarch and created, in the Bill of Rights 1689, certain rights and freedoms we recognize today as fundamental including freedom from royal interference with the law, freedom to elect members of Parliament without interference from the Sovereign, the limited freedom of speech and freedom from cruel and unusual punishments, and excessive bail, among other things.
One of the most important results of the Revolution, however, was freedom from taxation by royal prerogative, without agreement by Parliament.
The limitation on taxation, that it must be approved by the elected representatives of the nation, is a basic principle of Canadian constitutional law – spending is to be approved by Parliament or a legislature. But it is this principle that is running up against an unexpected challenge - - the judiciary whose job it is to protect
Recent court decisions ordering the Federal or provincial governments to pay lawyers money to represent accused are some of the clearest examples of moving the power of the purse from elected representatives to the courts. So, for example, in the Tehrankari case a judge ordered the
The ruling was made a day after several lawyers with a steady clientele of terrorism suspects told a Federal Court of Canada judge that they can no longer accept legal-aid fees, since they do not provide enough income to even cover their office overhead. And those lawyers do, in fairness, have a point – legal aid rates are simply too low for senior lawyers to even consider taking on a case without some extra funding.
It is on this issue, payment for lawyers, that two constitutional principles come in conflict. One principle is that only elected representatives can authorize spending. The other principle is that every accused is entitled to a fair trial - - and in a legally complex case, a fair trial may require a seasoned and senior (and costly) lawyer.
The problem, put narrowly, is that two constitutional principles seem to conflict. The principle that only the elected legislature has the power of the purse conflicts with the principle that everyone ought to have a full and just hearing before the Courts.
The payment schedules for Legal Aid in
So as to avoid this on-going problem, the Courts have been more and more inclined to order that an enhanced rate of payment (usually in the $150 an hour range) be made payable by the Government to counsel acting on behalf of criminal accused. In so doing the Court, often implicitly, say a fair trial is more important than taxation without representation.
Monday, January 12, 2009
NYC judge allows Madoff to remain free
I wish I had a million dollars to mail to friends and family … but I guess at the holidays one is generous (albeit here with other people’s money)…
Madoff mailed more than US$1 million in jewelry and heirlooms to family and friends over the holidays. Prosecutors said the gifts were grounds to have his bail revoked because what's left of Madoff's assets will have to be returned to burned investors.
Madoff's lawyers said the gifts were an innocent mistake and said he is neither a danger to the community nor a threat to flee.
Unreasonable inferences are errors of law
The recent
[26] It is common for a trial judge to draw inferences from the facts before him or her, but such inferences must be ones that can be reasonably and logically drawn from the evidence: R. v. Morrissey 1995 CanLII 3498 (ON C.A.), (1995), 97 C.C.C. (3d) 193 (Ont..
Costs against the Crown in public interest matters
Friday’s Court of Appeal decision in R. v.
The Court held:
[51] After noting that “[r]outine costs awards are a feature of civil, not criminal proceedings”, Sharpe J.A. explained the rationale for the principles involved in making costs orders against the Crown at para. 33:
Different considerations apply to criminal proceedings. Criminal proceedings are brought in the public interest, not by one party to vindicate his or her private interests as against another. As Devlin L.J. explained in Berry v. British Transport Commission, [1962] 1 Q.B. 306, [1961] 3 All E.R. 65 (
[52] Given the crucial role of the ORB in protecting the public from significant threats to its safety and also in protecting and preserving the dignity and liberty interests of NCR accused, I view it as being equally important that, in the absence of egregious misconduct constituting a marked departure and unacceptable departure from the reasonable standards expected of a review board, the discretion of the ORB “should not be influenced or fettered” by the threat of a costs order.
Federal/provincial battle looming? One securities regulator or many?
This is a hotter issue than one might expect.
The constitution gives the power to regulate securities (stocks) to the provinces. Some provinces, Alberta and Ontario, have careful and thorough regulators -- others don't.
The trouble is that financial markets would be better served by a single national regulator, and this fact has been widely discussed for at least 20 years.
Indeed, the Supreme Court of Canada agreed the could be a federal regulator way back in the 1970's.
But having coexisting federal and provincial regulators would lead to chaos. So all the provinces have to give up their power and that seems, while economically wise, politically unlikely.
We shall see...
Expert panel backs single regulator; Call for provinces to cede authority for securities oversight expected to loom large at first ministers' meeting
The Globe And Mail
Monday, January 12, 2009
Page: B1
Section: Report On Business: Canadian
Byline: Kevin Carmichael and Brian Laghi
Dateline: OTTAWA
OTTAWA -- Finance Minister Jim Flaherty's expert panel on securities regulation is set to endorse the federal government's constitutional authority to regulate the buying and selling of stocks and bonds, a conclusion that risks angering provinces just days ahead of a gathering of first ministers.
Tom Hockin, the former federal Conservative cabinet minister who led the review, will end 11 months of study today by urging provinces to cede authority for securities oversight to a single regulator whose primary mandate would be to guard against risk to the financial system, according to people familiar with the committee's final recommendations.
Mr. Hockin will propose a road map for how the federal government could pursue its goal of a single overseer of financial markets, something Mr. Flaherty and Prime Minister Stephen Harper have promised to do as part of the international response to the financial crisis.
The seven-member panel says Mr. Flaherty should first try to coax provinces to join up voluntarily, according to the people familiar with the report.
If that fails, the report says Mr. Flaherty should allow companies and other market participants to opt to be regulated by the national body, and be prepared to fight provinces in court if they insist on trying to maintain oversight control of those companies, according to these people.
Most provinces have fought a single regulator for decades, arguing that such a body would end up serving Bay Street and miss the nuances of doing business in places such as Montreal or Alberta's oil patch.
James Morton
One polar bear shot ... Forgot to disclose drunk-driving conviction, resigning N.L. judge says
This is an odd story -- in almost all jurisdictions in Canada (I thought all till I saw this piece), judicial applicants go through a criminal record check. The checks are not perfect -- sometimes names are entered incorrectly etc -- but they pick up things like this. As for "forgetting" a conviction for impaired driving ... .
A newly appointed judge resigned Sunday from Newfoundland and Labrador's bench while claiming he had forgotten to note a drunk-driving conviction in his application.
A newly appointed judge resigned Sunday from Newfoundland and Labrador's bench while claiming he had forgotten to note a drunk-driving conviction in his application.
Don Singleton, who was appointed as a provincial court judge in Grand Falls-Windsor before Christmas, declined an interview with CBC News, but in a statement described Sunday as "the worst day of my life."
Justice Minister Tom Marshall learned of Singleton's drunk-driving conviction after another judge informed him he was looking into it, after CBC News reported last week that Singleton had pleaded guilty in 2005 to two charges involving the illegal sale of duty-free alcohol and tobacco at the Canadian Forces Base Goose Bay in Labrador.
Singleton denied trying to cover over part of his past, including a conviction in the 1980s for drunk driving.
"I did not wilfully hold that information back. I have always been a 'warts and all' kind of guy. What you see is what you get," Singleton said in a statement.
"But that was a whole other lifetime ago before I met my wife and I had genuinely forgotten about it."
Marshall said a background check on Singleton was not done, as the judicial review committee relies on the honesty of applicants to disclose any past troubles with the law.
Sunday, January 11, 2009
Court to hear appeal involving lobbyists who raise money for cabinet ministers
My sense was this claim was hopeless -- not the sort of thing a Court would (or even could) decide on. That said, a Court will consider it.
By Colin Perkel, The Canadian Press
TORONTO - An advocacy group that presses for ethical government was slated to be in court Monday in hopes of forcing tighter rules on those who lobby federal cabinet ministers.
Democracy Watch maintains the current situation is untenable in that it is wrong for a cabinet minister to receive a gift of money, property or services that could influence a decision but not for lobbyists to offer those gifts or services.
"We have to clear it up," Democracy Watch co-ordinator, Duff Conacher, said in an interview Sunday. "We have conflicting rulings right now."
The Federal Court of Appeal hearing comes after a lower court dismissed a complaint by the Ottawa-based group against a businessman who raised money for a minister he was lobbying.
James Morton
By Colin Perkel, The Canadian Press
TORONTO - An advocacy group that presses for ethical government was slated to be in court Monday in hopes of forcing tighter rules on those who lobby federal cabinet ministers.
Democracy Watch maintains the current situation is untenable in that it is wrong for a cabinet minister to receive a gift of money, property or services that could influence a decision but not for lobbyists to offer those gifts or services.
"We have to clear it up," Democracy Watch co-ordinator, Duff Conacher, said in an interview Sunday. "We have conflicting rulings right now."
The Federal Court of Appeal hearing comes after a lower court dismissed a complaint by the Ottawa-based group against a businessman who raised money for a minister he was lobbying.
James Morton
Israeli forces edge into Gaza city
It is getting close. Israel has done pretty well so far in terms of world opinion -- yes there have been massive protests etc but if you look at what has actually happened, for example what Eygpt and Lebanon have done, Israel seems to have come out ahead. Further fighting will not likely improve that. And Iran has seen Israel will be ruthless, as necessary, in national self interest. I suspect the fighting will end by, say, Tuesday.
GAZA (Reuters) - Israeli forces edged into the Gaza Strip's most populous area on Sunday, killing at least 27 Palestinians in an offensive stepped up in defiance of international calls for a ceasefire.
Medical officials said about half of the Palestinian dead in the latest fighting in the Hamas-ruled territory were civilians.
"Israel is getting close to achieving the goals it set for itself," Israeli Prime Minister Ehud Olmert told his cabinet in Jerusalem, giving no timeframe for an end to the 16-day-long war.
"But patience, determination and effort are still needed to realize these goals in a manner that will change the security situation in the south," Olmert said, referring to Hamas rocket attacks that continued to hit Israeli towns.
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