Democracy?

The story below suggests that a wicked law (and I use the word fully intending its extended meaning) ought to be maintained because it was passed democratically.

As a factual matter I'm not fully convinced the law was passed by both Houses and signed into law but let's assume it was.

It is still a wicked law.

Sometimes democracies pass laws that interfere with basic human rights. That's why democracies need constitutions that protect a few rights that ought to be beyond the reach of legislatures.

Now often Courts enforcing these "few rights" extend their reach too far. But that doesn't mean the "few rights" should ignored.

Remember, Robert Mugabe was elected President.

Afghan cleric defends contentious marriage law

RAHIM FAIEZ AND HEIDI VOGT

KABUL — A key backer of an Afghan law that critics say legalizes marital rape and rolls back women's rights rejected an international outcry as foreign meddling on Saturday and insisted the legislation offers women many protections. The law, passed last month, says a husband can demand sex with his wife every four days unless she is ill or would be harmed by intercourse, and regulates when and for what reasons a wife may leave her home alone. ... .

Following an international uproar, in which President Barack Obama called the law "abhorrent," Afghan President Hamid Karzai put it under review. The move puts enforcement on hold. Mohammad Asif Mohseni, a top Afghan cleric who was one of the law's main drafters, said the legislation cannot be revoked or changed because it was enacted through a legislative process — passed by both houses of parliament and signed by Mr. Karzai.

He condemned the outcry, saying Western countries were trying to thwart democracy when results did not please them. "The Westerners claim that they have brought democracy to Afghanistan. What does democracy mean? It means government by the people for the people. They should let the people use these democratic rights," Mr. Mohseni told reporters in the capital, Kabul. Surrounded by supporters, Mr. Mohseni unfurled reams of paper with hundreds of women's signatures and thumbprints backing the law. The legislation came out of three years of debate and revision involving both Islamic scholars and members of parliament, Mr. Mohseni said.
James Morton

I rather like mashed potatos without gravy

(I am Canadian!!!!!)

(And listen to the CBC)(even if I don't always agree with it)

If this seems too obscure a reference for you, don't worry about it. I'm referring to an actor cum musician who doesn't like Canada and has decided not to play here ... .
James Morton

Abduction of young child -- why?

It's every parent's nightmare -- the abduction of their child.

But why are children abducted?

The most common abduction, by far, is as part of disputed custody. One parent runs off with the child. This accounts for virtually all child abduction in North America.

Less frequent, but still not extraordinary, is abduction for ransom. These cases are often found in recent immigrant communities and are widely under reported especially if the child is returned unharmed.

Very young children -- babies -- are sometimes kidnapped to be raised by the kidnappers as their own child.

Finally, and rarest, are abductions for purely evil purposes -- sexual or other abuse. This type of abduction is the most feared but by far the rarest.

Search continues for missing girl Canadian Press
WOODSTOCK, Ont. — It's a serious situation but there will be no Amber Alert for a missing eight-year-old from this southwestern Ontario city because the incident doesn't meet strict criteria set by police, a spokeswoman said today.
Multiple police forces and community volunteers have joined an around-the-clock search for Victoria "Tori" Stafford, a Grade 3 student from Woodstock, northeast of London. The search started after the petite blonde child didn't return home from school Wednesday afternoon. "It is a high alert but it's not considered an Amber Alert because it hasn't just happened," said Const. Laurie-Anne Maitland for Oxford Community Police.

"I cannot stress enough that it does not change the investigation in any way of how serious it is."

For an Amber Alert to be triggered, police must believe a child under 18 has just been abducted, is believed to be in danger of serious bodily harm and there is descriptive information that can be immediately broadcast, Const. Maitland said.

Some 40 police officers and hundreds of volunteers fanned out Thursday night and again this morning searching for the girl, last seen leaving Oliver Stephens Public School. She has been positively identified in a school surveillance video walking with an unidentified woman.

Police say the "person of interest," appears to be between 19 and 25 years old with long black hair, and in the video is seen wearing a white winter parka and tight blue jeans. They haven't said they suspect foul play.

The girl's parents said in television interviews Thursday night that they're offering a $10,000 reward for their daughter's return. "We just want her home, no questions asked. $10,000 reward," said her mother Tara Mcdonald.

"We just want her home safely. And we just want this to be over and done with. We don't need to know a reason — we've racked our brains. We don't have any idea why anybody would do this." Victoria's father, James Goris, added: "We just need the baby home, as soon as possible. And we do thank everybody for everything they've done."

The blurry video footage, captured at a high school near the girl's elementary school, shows the pair walking briskly past several people. Provincial police and officers from Oxford Community, Waterloo Region and London are involved in the search.
James Morton

Some stories are too bizarre to skip

Judge has to deal with this question -- who gets the dog sperm?
 
By  McClatchy Newspapers           
 
PONTIAC, Mich. -- Family Court Judge Cheryl Matthews is accustomed to making tough decisions in custody matters, but she was temporarily stumped when a divorced couple showed up in her courtroom Wednesday morning with this question -- who gets the dog sperm?
 
I asked, 'Am I Being Punk'd?
 
Matthews said Wednesday afternoon. I said, 'Is this a 'Candid Camera' thing?
 
Karen Scully, who lives in Florida, and her ex-husband, Anthony Scully, are feuding in Oakland County Circuit Court in Pontiac, Mich., over who legitimately owns semen belonging to Cyrus, Regg and Romeo, all American Kennel Club -- registered bullmastiffs -- lovable, slobbery behemoths like the canine star of the movie "Turner & Hooch. Such dogs can sell for as much as $2,000 each.
 
The Scullys were hobby breeders in Oakland County until their divorce in 2002. When they split up, they also split up the six bullmastiffs they owned: He kept four of them and she took two with her to Florida. At issue is who gets to claim frozen sperm stored at a freezing center. Both still raise bullmastiffs.
 
Anthony Scully, through his attorney, said the semen is his, and his ex-wife, in moving to Florida, gave up claim. Karen Scully, who appeared in court via teleconference, claimed she has ownership, since the dogs that provided the semen once belonged to her.
 
I never had to make an argument quite like this,' Anthony Scully's attorney, Ryan Mae Steele, said. I had a genealogy tree, listing who had puppies, who provided the semen. It was a lot to take in.
 
Matthews, an admitted dog lover, ruled it was not a divorce matter and told the couple they would have to fight it out in civil court. The case has been assigned to Oakland County Circuit Judge Leo Bowman. My best wishes for Judge Bowman,' Matthews said.                     .

James Morton

Too many bunnies

Apparently there are too many rabbits at University of Victoria.

For reasons unclear, except perhaps squeamishness about gassing the warrens, the University formed a task force to figure out what to do (I vote for "leave em alone" but I'm a long way away). The task force chair on the radio was asked how many bunnies were on campus and said the following and I repeat it here as a wonderful example of unnecessary complex language:

"That's one of the issues the working group has been tasked to undertake"

How about "we'll try to figure it out"?
James Morton

Easter Greetings

Statement from Michael Ignatieff,
Leader of the Official Opposition, on the Celebration of Easter

On behalf of the Liberal Party of Canada and our parliamentary caucus, I would like to extend warm wishes to all Canadians celebrating Easter this weekend.

This most holy of Christian holidays commemorates the death and resurrection of Jesus Christ.

Falling during Canada's spring season, this celebration also reminds us of the powerful potential for renewal.

It is my hope that all Canadians, regardless of their faith, can share in the sense of new beginnings provided by this holiday and enjoy these early days of spring.

To those gathering with family and friends this special weekend, please accept my best wishes for a happy Easter.

Relax -- it's a long weekend!

Guilty plea by teen who stabbed Stefanie Rengel to death

Why plead I wonder? To First Degree? He's pretty obviously guilty but maybe there is a deal as to how he'll be sentenced? We'll see...


Less than three weeks after a teenage girl was convicted of murder in the death of Stefanie Rengel, a 19-year-old boy has also pleaded guilty to first-degree murder in the case.

The teen, who can only be identified as D.B. because he was 17 at the time of the killing, cried and lowered his head as the facts were entered into evidence. He entered the plea just before noon in a Toronto courtroom Thursday.

The 17-year-old girl convicted of first-degree murder in Rengel's death, known only at M.T., is expected to be back in court for a sentencing hearing on April 21.

Superior Court Justice Ian Nordheimer ordered M.T. to undergo an assessment by Dr. Philip Klassen in advance of her sentencing hearing. The judge will also be provided with a pre-sentence report from corrections officials, as well as education records for M.T.

The teenager had a 90 per cent average at school before she was arrested and taken into custody on Jan. 2, 2008, the day after Rengel was stabbed six times, allegedly by D.B., the boyfriend of M.T.

The Crown is seeking for M.T. to be sentenced as an adult.

Since she was under 16 at the time that Rengel was killed, she would receive a life sentence as an adult yet be eligible for parole after serving between five and seven years in prison. M.T. would remain on parole for the rest of her life if she is released from custody.

If sentenced as a youth she would spend up to six years in prison and then four years under a form of house arrest. As a youth, she would not be on parole.

Patrick Decision -- Garbage Search OK

Constitutional law — Charter of Rights — Search and seizure — Privacy interest — Abandonment — Police taking garbage bags placed for collection at edge of accused's property without warrant — Whether police breached accused's right to be free from unreasonable search and seizure — Whether accused abandoned his privacy interest in contents of garbage bags when he placed them at edge of his property for collection — Canadian Charter of Rights and Freedoms, s. 8.

 

The police suspected that P was operating an ecstasy lab in his home.  On several occasions, they seized bags of garbage that P had placed for collection at the rear of his property adjacent to a public alleyway.  The police did not have to step onto P's property to retrieve the bags but they did have to reach through the airspace over his property line.  The police used evidence of criminal activity taken from the contents of P's garbage to obtain a warrant to search P's house and garage.  More evidence was seized during the search.  At his trial, P argued that the taking of his garbage bags by the police constituted a breach of his right guaranteed by s. 8 of the Canadian Charter of Rights and Freedoms to be free from unreasonable search and seizure.  The trial judge held that P did not have a reasonable expectation of privacy in the items taken from his garbage and, therefore, the seizure of the garbage bags, the search warrant and the search of P's dwelling were lawful.  He admitted the evidence and convicted P of unlawfully producing, possessing and trafficking in a controlled substance.  A majority of the Court of Appeal upheld the convictions.

 

Held:  The appeal should be dismissed.

 

Per McLachlin C.J. and Binnie, LeBel, Fish, Charron and Rothstein JJ.:  The police did not breach P's right to be free from unreasonable search and seizure.  When P's conduct is assessed objectively, he abandoned his privacy interest when he placed his garbage for collection at the rear of his property where it was accessible to any passing member of the public.  P did everything required to rid himself of the items taken as evidence.  His conduct was incompatible with any reasonable expectation of confidentiality.  Neither the search of the contents of P's garbage nor the subsequent search of P's dwelling breached s. 8 of the Charter.  The evidence seized in both searches was admissible at P's trial.  [2] [12‑13]

 

To describe something as "garbage" tends to presuppose the point in issue, namely whether P had any continuing privacy interest in it.  It seems that while he had no further interest in physical possession he had a continuing interest (viewed subjectively) in keeping private the information embedded in the contents.  In such a case, however, the question becomes whether he so dealt with the items put out for collection in such a way as to forfeit any reasonable expectation (objectively speaking) of keeping the contents confidential, i.e. whether there had been abandonment.  [13]

 

Expectation of privacy is a normative standard.  Privacy analysis is laden with value judgments which are made from the independent perspective of the reasonable and informed person who is concerned about the long‑term consequences of government action for the protection of privacy. [14]

 

 

In assessing the reasonableness of a claimed privacy interest the Court is to look at the "totality of the circumstances" and this is so whether the claim involves aspects of personal privacy, territorial privacy, or informational privacy.  Frequently the claimant will assert overlapping interests.  The assessment always requires close attention to context and first involves an analysis of the nature or subject matter of the evidence in issue.  Here both P and the police rightly regarded the subject matter to be information about what was going on inside his home.  The court must then consider whether the claimant had a direct interest in the evidence and a subjective expectation of privacy in its informational content.  The "reasonableness" of that belief in the totality of the circumstances of a particular case is to be tested only at the second objective branch of the privacy analysis.  [26] [36]

 

Abandonment is a conclusion inferred from the conduct of the individual claiming the s. 8 right that he or she had ceased to have a reasonable expectation of privacy with regard to it at the time it was taken by the police or other state authority.  Being an inference from the claimant's own conduct, a finding of abandonment must relate to something done or not done by that individual, and not to anything done or not done by the garbage collectors, the police or anyone else involved in the subsequent collection and treatment of the "bag of information".  [23] [54]

 

 

The reasonableness of an expectation of privacy varies with the nature of the matter sought to be protected, the circumstances in which and the place where state intrusion occurs, and the purposes of the intrusion.  In this case, P's garbage was put out for collection in the customary location for removal at or near his property line and there was no manifestation of a continuing assertion of privacy or control.  Territorial privacy is implicated in this case because the police reached across P's property line to seize the bags; however, the physical intrusion by the police was relatively peripheral and, viewed in context, is better seen as pertaining to a claim of informational privacy.  P's concern was with the concealed contents of the garbage bags which, unlike the bags, were clearly not in public view.  [36‑37] [39-41] [44-45] [51] [53]

 

Objectively speaking, P abandoned his privacy interest in the information when he placed the garbage bags for collection at the back of his property adjacent to the lot line.  He had done everything required of him to commit the bags to the municipal collection system.  The bags were unprotected and within easy reach of anyone walking by in the public alley way, including street people, bottle pickers, urban foragers, nosey neighbours and mischievous children, not to mention dogs and assorted wildlife, as well as the garbage collectors and the police.  However, until garbage is placed at or within reach of the lot line, the householder retains an element of control over its disposition.  It could not be said to have been unequivocally abandoned if it is placed on a porch or in a garage or within the immediate vicinity of a dwelling. Abandonment in this case is a function both of location and P's intention.  [53‑55] [62]

 

Since P had abandoned his garbage before it was seized by the police, he had no subsisting privacy interest at the time it was seized.  The police conduct was objectively reasonable.  P's lifestyle and biographical information was exposed, but the effective cause of the exposure was the act of abandonment by P, not an intrusion by the police into a subsisting privacy interest. [69] [71]

 

 

Per Abella J.:  Concurring in the conclusion that no Charter violation occurred but disagreeing with the characterization of the privacy issues at stake.  The home is the most private of places.  Personal information emanating from the home that has been transformed into household waste is entitled to protection from indiscriminate state intrusion.  Household waste left for garbage disposal is "abandoned" for a specific purpose — so that garbage will reach the waste disposal system.  What has not been abandoned is the homeowner's privacy interest attaching to personal information.  Individuals do not intend that this information, such as medical or financial information, will be generally accessible to public scrutiny, let alone to the state. [76] 78] [84] [87-89]

 

The fact that what is at issue is waste left out for collection, however, argues for a diminished expectation of privacy.  But the state should have at least a reasonable suspicion that a criminal offence has been or is likely to be committed before conducting a search.  In this case, the evidence amply supported such a suspicion. [77] [89‑91]

Unemployment hits 8% -- this means there are some tough decisions to be made by larger companies

It seems as if the BC Court of Appeal has thrown out Bill C-31 and given Parliament one year to replace it with
something gender-neutral.

 McIvor v. Canada (Registrar of Indian and Northern Affairs),  2009 BCCA 153  -  2009/04/06 Court of Appeal
http://www.courts.gov.bc.ca/jdb-txt/CA/09/01/2009BCCA0153.htm <http://www.courts.gov.bc.ca/jdb-txt/CA/09/01/2009BCCA0153.htm>

Prior to 1985, the Indian Act provided that Indian women (but not Indian men) lost their status as Indians upon marriage to non-Indians. It also included other provisions that discriminated against women. In 1985, the Act was amended to remove distinctions based on sex, and to reinstate Indian status to those who had lost it. The amendments preserved existing rights to status. The plaintiffs contend that the preservation of rights amounts to discrimination on the basis of sex. At trial, the amended legislation was ruled unconstitutional. The trial judge made an order granting the right to Indian status to any person who had a female ancestor who had lost her status upon marriage to a non-Indian.

Held: Appeal allowed in part.

The trial judge erred in granting a remedy founded on discrimination on the basis of matrilineal descent - the effect of the decision was to apply s. 15 of the Charter retrospectively. The trial judge also erred in granting a remedy that made legislative choices that ought to have been left to Parliament. The legislation does violate s. 15 of the Charter in that it preserves rights acquired under earlier legislation that discriminated on the basis of sex. For the most part, however, the need to preserve vested rights constitutes a pressing and substantial governmental objective justifying the legislation under s. 1 of the Charter. The 1985 amendments do, however, have the effect of granting some descendents of men ongoing advantages over descendants of women. Those distinctions infringe s. 15 of the Charter and are not saved by s. 1. The impugned legislation is therefore declared of no force and effect, but the declaration is suspended for one year to allow Parliament time to amend the legislation to bring it into compliance with the Charter.

James Morton

Message from Michael Ignatieff, Leader of the Official Opposition, on Passover

On behalf of the Liberal Party of Canada and our parliamentary caucus, I would like to extend my warmest wishes to all Canadians celebrating Passover, one of the most important Jewish festivals of the year.

Passover commemorates the exodus of the Israelites from Egypt and their freedom from the reign of the Egyptian Pharaoh. It is a time where families come together at the Seder table to re-tell the story of Passover and renew its message of hope, faith and liberation.

Let the message of Passover inspire all Canadians regardless of faith to cherish the principles of tolerance and goodwill.

From my family to yours, chag sameach.

The First Seder

Two Israeli polar bears at Ramat Gan prepare tonight's first Seder with carrots and matzo.

Challenge for cause

Justice Benotto's decision in R v. Pechaluk, released today, deals with the issue of challenge of jurors for cause. Her reasons are as yet unreported but read, in part:

It is our belief that jurors mean what they say when they answer that they will be able to render an impartial verdict. It is our belief that they take their oath seriously. An undesirable candidate is not one who has a prejudice but one who might not be able to set it aside.

The personal beliefs of the potential juror are not in issue. What is in issue is whether the person is capable of putting those beliefs aside in order to render an impartial verdict. If the bias exists, the juror must be able to put it aside in order to be impartial as between the Crown and the Defence.

Vera in the sunshine

The Spring is coming!!!

Maybe there is a problem in the Conservative caucus

The recent leaks from caucus and Cabinet (something totally unknown Liberal governments) together with the political posturing on minor wedge issues -- tough on polygamy, seriously, it's illegal and who is pushing the issue -- suggests that perhaps there is a lose of total command and control from the PMO.

That makes some sense. The issues that unite economic and social conservatives are not being very well served by this government; in fact, much of what Harper is doing seems more Liberal than Conservative.

Issues like abortion, gay marriage and a Focus on the Family are not on the radar -- so instead we have a demand that all immigrants speak English or French -- political posturing. The deficit and the budget are hardly where fiscal conservatives want; I think the deficit is necessary for the moment but I'm a Liberal.

And of course there is the unhappy treatment of a former Conservative Prime Minister from Quebec.

I largely support the government's positions on things like the economy. And the social questions should be left alone.

But I'm a Liberal -- and it is perhaps a problem for the Conservative base that I am ok with much of what the Prime Minister is doing.
James Morton

The Task

Thanks to a Catholic friend who sent me this poem for Holy Week -- it is moving regardless of what faith, if any, you follow:


The Task

What shall I do
With mounting frustration,
The waves of desolation?
What shall I do with the restlessness?
The hopelessness,
Repeating without meaning?
Where am I going?
Shall I diverge from the path
Without knowing
Where or why?
These thoughts passing by
In the mind of a man called Simon
Known to be of Cyrene
Were suddenly erased
The day he was faced
With – or forced to – a task
With meaning that cast
The man in long remembrance
To last
To this day forever:
One most magnificent endeavor.

Mary Alban Bouchard CSJ

Bizarre actions show a leader losing his grip

This piece from the Star is, I suspect, more wishful thinking than real.

I do not see Harper has lost his grip on the Conservatives or the country.

That said, I do think he may well decide not to run in the next election, especially if it is before a very significant economic upturn.

Don't underestimate Stephen Harper!!!

Bizarre actions show a leader losing his grip
TheStar.com - Opinion - Bizarre actions show a leader losing his grip

April 07, 2009 Thomas Walkom

There is a crazy, quiet air of desperation around Stephen Harper. On the surface, the Prime Minister is – as always – the personification of iron self-discipline. On television, he speaks in measured tones, his sentences deliberately interspersed with tight little smiles to suggest friendliness.

But the increasingly bizarre actions of his government suggest that this is a façade. In his first term, Harper managed to walk the fine line between pleasing the general public and placating his much more conservative base. Now, with that base uneasy about his interventionist approach to the economy, he flounders.

Almost every week, the government comes up with something new to divert red-meat conservatives away from Ottawa's ballooning deficit.

The most recent was the government's abrupt, and almost certainly unconstitutional decision to prevent Canadian citizen Abousfian Abdelrazik from returning home to Canada.

Abdelrazik's story is Kafka-esque. Returning to Sudan in 2003 to visit his mother, the Montrealer was jailed by local authorities as a suspected terrorist.The Sudanese released him after 11 months, declaring that he was innocent. The RCMP say they have nothing against him. Still, he couldn't get on a plane to come home because the U.S. had, by this time, placed him on an international no-fly list (albeit one that does not bar the repatriation of citizens stranded abroad).

Meanwhile, Ottawa said it would issue him temporary travel documents (his passport expired while he was being tortured) if he could arrange a flight. Last week, aided by luminaries such as former UN ambassador Stephen Lewis, Abdelrazik did so. But just as he was due to board his flight home, Foreign Affairs Minister Lawrence Cannon announced that no travel papers would be issued, calling Abdelrazik a security risk.

That's not the first time that Harper's government has played the national security card.
Immigration Minister Jason Kenney turned Canada into an international joke last month when he declared British MP George Galloway a security risk and barred him from the country.

Like the Abdelrazik decision, that made sense only as a blatantly political move designed to show Harper's core supporters that, in spite of his new economic heresies, the Prime Minister remains an unrepentant hardliner.

So, too, Defence Minister Peter MacKay's otherwise inexplicable public attack on Russia earlier this year for daring to fly a military plane in international air space near Canada.
Even U.S. military officials found MacKay's tirade unwarranted.

Some have suggested that MacKay did this as part of his failed bid to become NATO secretary-general. If so, it was a doomed gesture.

The more logical explanation is that MacKay, like Cannon and Kenney, was acting under orders to appease the Conservative base and allow control-conscious Harper to reassert his grip.

Because that grip is starting to slip. Some on the right of his party were ready to dump Harper when he almost lost government last fall. His conversion to Keynesian stimulus economics alarmed still more, as has his reversal of fortunes in Quebec and his clumsy feud with former prime minister Brian Mulroney.

Events are starting to spin out of control. Another politician might go with the flow. Stephen Harper's instinct is to hunker down and rebuild the dikes.

Text Messages: Deleted, Not Dead, Your Casual Comments and Stupid Jokes Could Surface Years Later

Text messages last a long time... .

There was recently a discussion among Canadian criminal lawyers about whether or not text messages, or sms's, could be retrieved after being deleted on the sending and receiving mobile devices (cellphones).

The answer is yes:

"There exists a misguided notion among everyday users that text messages are temporary and fleeting like an unrecorded telephone call.

However, the central stop a text message makes between sender and receiver often leaves a lasting impression even if the content was deleted on both the sending and receiving devices.

Text messages are handled by intermediate devices in the path between sending and receiving units, i.e. cell phones. These intermediate devices, called short message service centers, can have the ability to store the data for time periods longer than what is necessary to transmit the message.

While some carriers have recently reported in response to inquiries inspired by the Kilpatrick flap that they retain message content for a short period of time for the purpose of delivery – some citing 72 hours as the maximum – recent court subpoenas and warrants demonstrate that text message retrieval can occur weeks and months after the send dates.

Three recent federal cases have used text message content retrieved from wireless carriers. In United States v. Jones, an illegal drug activity case from 2006, two unnamed wireless carriers responded to a warrant to deliver the content of text messages transmitted by the defendants' cellular telephones.

These text messages covered a time period approximately a year prior to the warrant.In a recent wire fraud case, United States v. Jackson, a court order under 18 U.S.C. § 2703 was used to compel Verizon Wireless to supply text message content about four months after the messages were sent.

In United States v. McCreary, subpoenas were served on MCI (now SkyTel) in 2002, 2003, and 2004 to obtain text messages exchanged by the defendants back to January 2001. MCI returned 1075 pages of text.

Text messaging is clearly a fixture in the spectrum of today's business, government, and personal communications.

With over 262 million wireless subscribers sending over 2.5 billion text messages per day, the increased use of text message evidence in court proceedings is inevitable. What is less clear is whether the wireless industry will respond by implementing data retention policies. After more high-profile cases emerge that involve the use of text message evidence, providers may feel pressure from their customer base to define policies and disclose them.

Text and instant messaging came into popularity by the social use of teenagers and young adults but has quickly bridged the gap to also become an efficient tool for professionals and businesspeople."

Full article here:

http://law.case.edu/student_life/organizations/tilj/content.asp?id=289

James Morton

A blow to Canadian astronomy

The press release below reflects a blow to Canadian visual astronomy. With the closing of the major Toronto area telescope there will be few serious research capacities left in Canada.

Conservatives must reinstate federal funding for world-class observatory

MONTREAL - The Conservatives' lack of vision about federal investments in scientific research is once again evident, this time threatening the future of Canadian astronomers' enviable international reputation, Liberal Critic for Industry, Science and Technology Marc Garneau said today.

"By choosing to cut the Natural Sciences and Engineering Research Council's (NSERC) budget, the Conservatives have put the Mont Megantic Astronomical Observatory in jeopardy," said Mr. Garneau. "This observatory is a priceless tool in the development of tomorrow's great astrophysicists and its loss would be a terrible blow to Canada's scientific community. The Conservatives have a very strange way of marking the 2009 International Year of Astronomy proclaimed by UNESCO."

NSERC has cut the observatory's research infrastructure funding by $140,000 this year, and $325,000 for subsequent years, out of a total budget of $1 million. The observatory also receives funding from the University of Montreal, Laval University, and the Government of Quebec.

The observatory may no longer be able to provide higher education opportunities to hundreds of high-level scientists as it has done for decades, Mr. Garneau added.

"The communities surrounding the observatory have demonstrated they care about this institution, mobilizing to create the International Dark Sky Reserve, a remarkable initiative," added Mr Garneau. "Moreover, the observatory is an important tourist draw that welcomes many amateur astronomers every year."

Mr. Garneau is asking the Harper government to reconsider what it is doing to the future of Canada's scientific community.

"This is just one example of how this visionless government simply does not grasp how science, research and innovation are the foundations of a strong economy and the jobs of tomorrow. They have cut federal funding for research in universities and granting agencies, and Canada's overall public-private investment in research has failed to keep pace with the world.

"The government should be investing more, not less, in science and research. It's how we build a competitive and progressive economy. They need to reverse this very ill-advised decision to cut these budgets," said Mr. Garneau.

James Morton

The Golden Age of Education is long gone ... .

"When I was a boy I had to walk ten miles to school every day, uphill both ways."

It is amazing how every survey shows a consistent fall in the quality of learning and education and yet ... gosh, some decent research gets done and some good books written.

The truth is, there was never a Golden Age where High School students were all well educated. There may have been a time when most High School students going to University had a superior training in Latin and Liberal Arts (candidly I doubt even that -- see the splendid 1940 film "A Chump at Oxford") but if such a time existed it was a time when very very few students went to University and the average level of education was much lower than today.

The world isn't perfect, and education can always be improved, but I teach at the post secondary level and the students are well prepared, hard working and a lot more serious about their schooling than I was.

First-year university students are less prepared and have poorer research skills than students from three years ago, according to a new Ontario-wide survey of faculty and librarians.

Survey respondents reported students had lower writing and numeric skills, lower maturity, and a belief that good grades are an entitlement.

Respondents also said students relied too much on Internet tools, such as Wikipedia, as external research sources.

The survey asked: "Thinking about your own experience over the last three years, do you believe that first-year students are:"

Better prepared -- 2.27 per cent
About the same -- 26.85 per cent
Less prepared -- 55.21 per cent
No opinion -- 15.67 per cent

The survey, which received 2,000 responses from 22 Ontario universities, was conducted by the Ontario Confederation of University Faculty Associations.

"It is very troubling that a majority of respondents are witnessing a decline in student preparedness," professor Brian E. Brown, OCUFA's president, said in a press release.

"Study after study shows that success in university is linked to the preparedness of students for the rigours of the university curriculum."

Dancing bears

PASSOVER AND EASTER - TWO ASPECTS OF ONE THEME
By James Morton
The Thornhill/Richmond Hill Liberal


This year Passover and Easter coincide. The two celebrations seem to be quite different, but in fact share a common theme, a theme important not only for Christians and Jews, but for all Canadians.

For us in a multi-faith community like Thornhill, that common theme is especially important.

The story of Passover is well known.

Israel was in slavery in Egypt. Israelis suffered cruel oppression and their situation seemed hopeless. Unexpectedly, and in circumstances that could not have been foreseen by any reasonable person, deliverance came to Israel. Israel was delivered from slavery and became a free and independent nation. In memory of that miraculous deliverance, Jews, to this day, celebrate Passover by eating unleavened bread in memory of their deliverance.

The story of Easter is superficially unrelated to Passover, except that some say the Last Supper was a Passover Seder. On Good Friday, Jesus was crucified in the morning, died mid-day and was buried before sunset.

Jesus' followers, of course, were distraught. They did not understand earlier comments about rebirth and are astonished when Jesus appeared, alive as if reborn, on Sunday. From that Sunday forward Christians celebrated Easter to commemorate the miraculous victory over death.

The two celebrations - Passover and Easter - in some sense represent the same underlying theme. In both cases, humanity faces what seems to be an insurmountable and final tragedy - slavery and death - and in both cases, miraculously, there is a deliverance.

The nation of Israel was reborn through Passover in much the same way as Jesus was reborn as part of the Easter cycle.

It is easy to gloss over differences between religions and there is no doubt that Easter and Passover mean very different things to Jews and Christians.

That said, the theme of miraculous rebirth is one that all of any faith or none can appreciate. The traditional themes of Easter and Passover are the same. Freedom, redemption, justice are values all Canadians strived towards.

The Exodus story of liberation and freedom has a compelling and universal message. "Avadim Hayinu" ("For once we were slaves in Egypt") is a call to all people that freedom must be cherished. The message of Easter follows a similar theme. Jesus was crucified and resurrected, and the redemption of all the faithful occurs through his suffering and death. The Easter message speaks to the role of every person in redeeming the world.

The messages of Passover and Easter, together, speak to all Canadians. We share the same values even if we have different ways of illuminating them.

As former prime minister John Diefenbaker said, "Canada is not a melting pot in which the individuality of each element is destroyed in order to produce a new and totally different element. It is rather a garden into which have been transplanted the hardiest and brightest flowers from many lands, each retaining in its new environment the best of the qualities for which it was loved and prized in its native land."

Recovering money paid under a mistake of fact

Last week's Supreme Court of Canada decision in B.M.P. Global Distribution. Inc. v. Bank of Nova Scotia, 2009 SCC 15 provides a good restatement of the law relating to recovery of money paid under a mistake of fact. The Court writes (para 22):

1. If a person pays money to another under a mistake of fact which causes him to make the payment, he is prima facie entitled to recover it as money paid under a mistake of fact.
2. His claim may however fail if: (a) the payor intends that the payee shall have the money at all events, whether the fact be true or false, or is deemed in law so to intend; (b) the payment is made for good consideration, in particular if the money is paid to discharge, and does discharge, a debt owed to the payee (or a principal on whose behalf he is authorised to receive the payment) by the payer or by a third party by whom he is authorised to discharge the debt; (c) the payee has changed his position in good faith, or is deemed in law to have done

Merry Christmas!

Snow's back ...

Why aren't Passover and Easter always the same time?

If the Last Supper was a Passover Seder (which is debatable) why aren't the two holidays always the same time of year?

It's because of the different calendars -- the Jewish lunar calendar and the complex, albeit mixed solar lunar calendar, way Easter's date is calculated.

Passover is always the 14th day of Nisan on the Jewish calendar, a fixed date.

Easter is always the 1st Sunday following the 1st full moon of Spring, at least for Western Christians.

Eastern Orthodox Christians and Eastern Rite Catholics following the Julian Calendar will never celebrate Easter before Passover.

Israeli Boycott fails badly

Today's protest at a Toronto liquor store was intended to stop or limit sale of Israeli wine.

Far from so doing, a massive sale of Israeli wine took place and there was a sell out of Israeli wine. All the Israeli wine at the specific store was sold out by about 200 pm.

Many members of Liberals for Israel were present buying wine and showing support for Israel.