Thursday, May 7, 2009
Dhalla affair doesn't pass smell test
http://network.nationalpost.com/np/blogs/fullcomment/archive/2009/05/07/274651.aspx
Don Martin: Dhalla affair doesn't pass the smell test
Being young, ethnic, female, ambitious and camera-friendly should be the dream ingredients of Canadian political star power.
But in federal politics, they make you a juicy target.
Ruby Dhalla is the Liberal MP at the epicentre of an incredibly nasty smear campaign as she moves to fight allegations by a pair of Philippine nannies who accuse her of making them work too hard doing menial tasks beyond their job description.
…
If the accusations are proven true, with direct links to MP Dhalla, she’s a goner. But there’s something unseemly about Liberals launching an internal whisper campaign and Conservatives going on the public attack against Dhalla before she’s had time to defend her name. And there’s precious little evidence to suggest this notorious workaholic has ever refused the call of Liberal duty by her leader or anyone else.
Something doesn’t smell right in having two former nannies step forward a year after they left the Dhalla family’s employment to suddenly complain about conditions that don’t seem unusually onerous for immigrant workers.
Perhaps I’m being excessively suspicious, but a Conservative hit squad has taken aim at Dhalla for more than a year and her opponent in the last and next election, Parm Gill, has his website up and is a regular tagalong with Immigration Minister Jason Kenney.
…
It doesn’t pass the test of name-ruining scandalous legitimacy, but such is the price for being a star political target.
Wilbaer moving to Sweden
The Attorney General speaks to Provincial Prosecutors
Anonymous postings
I had considered the issue before and did not block them. But since the issue was raised by a named reader who I respect I reconsidered.
But have not changed the policy.
I think it's best to post with a name, or at least a handle, so readers get to know what you think on a variety of issues. It builds community. But I can appreciate sometimes a reader wants to play "hide and speak" and I won't stop that.
So, don't be shy -- anonymous or not -- write in and comment away.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Waiting for the Supreme Court
That's suppose to calm your client's nerves.
It does nothing for mine!!!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The issue

Some comments from the media:
Liberal foreign affairs critic Bob Rae said yesterday Ms. Dhalla wants to be able to clear her name. He said:
"She feels very strongly that the allegations against her are not true. And she has a right to defend herself and there will be full investigations I'm sure at both the federal and provincial level,"
MP Judy Sgro, a friend who served as Ms. Dhalla's mentor in her first few months in Parliament, said:
"She's a good-looking, single, hard-working woman," Ms. Sgro said. "She spends all her time working. And there are always people around who are fast to cut you down when you're one step ahead of them."
Wishful thinking as legislation
Let's see, if Parliament is into passing wishful thing resolutions perhaps we can get legislation tripling everyone's salary??? As a start???
The seal showdown begins as MPs vote to promote hunt's spoils at the Games
ROD MICKLEBURGH
VANCOUVER — Clubbing seals on ice floes is not a Winter Olympics sport, but Canadian parliamentarians have nonetheless voted to spit in the eye of their European counterparts by asking for seal products from the controversial annual hunt to be included on the uniforms of this country's athletes at the 2010 Games here.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Wednesday, May 6, 2009
The Keswick plot thickens
Police Chief Armand La Barge said racism was not at the root of a fist fight between the two boys, but rather it was a competitive game of speedball.
He told reporters at a news conference Wednesday morning that he is recommending to the Crown that a charge of assault be dropped.
The fight between the 15-year-old Keswick High School students made media headlines, sparked a student protest and allegations of a hate crime.
Reasons matter
Absent reasons, an appeal will proceed effectively as a hearing de novo:
[1] The motion judge dismissed the appellants' motion to set aside a default judgment holding, "there is no merit in the grounds alleged in the motion."
[2] In the absence of reasons, the motion judge's decision is not entitled to deference.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
This morning I accepted Ruby Dhalla's resignation as Youth & Multiculturalism Critic. Ms. Dhalla will continue to serve as the Liberal Member of Parliament for Brampton-Springdale. I look forward to a determination of the facts regarding her family's experience with live-in caregivers.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
"foam on the surface of the historical torrent"
The increasingly mendacious articles culminate in commentary from Mexico just prior to Trotsky's murder by Stalin.
All that said, in an early work, "Two Faces - Internal Forces of the Russian Revolution" (1917) Trotsky said something that struck me as applicable to the situation in Pakistan (and elsewhere) today:
"There are clever people on both the stock exchange and among bourgeois newspapermen. Yet that are all amazingly stupid when they come to deal with mass movements... . [T]hey notice only the foam on the surface of the historical torrent".
Something very significant is going on in the world. I do not understand it -- a powerful religious revival does not really explain it -- but I sense that all I can see is the "foam on the surface".
National EI Standard no mistake
Robert Silver
Andre Pratte is a very, very smart man. Unlike some of Canada's columnists who I routinely mock on this blog, Pratte is not somebody who I dismiss lightly.
His column this morning, titled "Ignatieff's First Mistake" on the other hand, is not his best work. In fact, the rather harsh conclusion he draws (that Ignatieff's EI proposal isn't well thought through and therefore a big mistake) isn't supported by anything he puts forward in his column. That doesn't make his conclusion untrue (though I disagree with it), it only means what he argues doesn't support his conclusion.
So what's his argument today? That Ignatieff's proposal to create a national EI standard is a light-weight mistake.
He starts the column by admitting that:
a) EI is a very complex program (true that); and
b) that it would cost roughly $1-billion to temporarily standardize the national eligibility level at 360 hours (again, as was acknowledged by Ignatieff yesterday and was confirmed by TD, so also true).
He then gives a brief history of EI and concludes that if EI is in crisis, it is because of changes made to the program by the Chrétien government in 1996. 13 years ago. Again, factually true. Of course, the world has changed slightly in the last 13 years, never mind in the last 13 weeks.
But even if it is all the Chrétien government's "fault" (whatever that means), does that mean Ignatieff has an obligation to defend the status quo? Does that mean that even if there is an improvement to the current system that objectively should be adopted by the government, he should keep his mouth shut because the Chrétien government changed the system back when the Maple Leafs last had a winning record (give or take a year) and we were in the midst of a decade of economic growth?
Why? Well Ignatieff is a Liberal and therefore must defend and freeze in time anything previous Liberal prime ministers did forever more.
How silly.
But then Pratte points out (getting I presume to why he thinks that this is Ignatieff's "big mistake"), that Ignatieff is proposing a "temporary change" and, don't we all know, governments never adopt "temporary" measures in the midst of terrible economic crises. I mean, how can Ignatieff possibly be trusted to roll-back these "temporary" measures once the economy turns around? Won't governments face too much pressure to maintain these benefits once introduced?
A fair point. This argument could of course be used against all of the current, short-term stimulus measures that Barack Obama, Stephen Harper and pretty much every leader in the free world has taken over the last year; how do we trust that we will return to economic sanity once the crisis lifts? And if you accept this argument, that once a government does something popular, it will continue to do it forever more (and this is a bad thing), that would lead one to conclude that every action that every government has done in the face of this economic crisis (or at least the populist/popular ones) was a mistake.
That's a position, maybe even a defendable position - a big maybe - but is that really what Pratte is arguing? Don't do anything on EI during the crisis because how will you ever roll it back once the crisis lifts? Is that really an argument, or at least his argument?
I don't think so.
Therefore, what is Ignatieff's big mistake? The one that leads to a harsh conclusion from Pratte: "Let's hope that the Liberal Party's platform promised for June is better thought through than his EI proposal"?
I have no idea because Pratte certainly didn't provide one in today's column, which is nothing more than a laundry list on why EI is complex and therefore paralysis should reign supreme in the midst of a growing problem.
Tuesday, May 5, 2009
Guilty to terror plot against Toronto
Toronto man admits to terror plot in surprise plea
KIRK MAKIN Globe and Mail
A young Toronto man – Saad Khalid – has pleaded guilty to aiding a terrorist plot to build bombs to explode in the city's downtown core.
In a dramatic and sudden move, Mr. Khalid became the first adult from amongst the so-called Toronto 18 to admit playing a role in a plot that was allegedly inspired by al-Qaeda and intended to create international publicity for the terrorist cause. The dramatic development took place on Monday morning in a near-empty Brampton, Ont., courtroom.
It was so sudden and cloaked in secrecy that the courtroom was empty but for one reporter and four apparent family members of supporters – including a middle-aged woman who wept as Mr. Khalid was led away after his plea.
Mr. Khalid pleaded guilty to a single count of participating in a terrorist organization, "with the intention of causing an explosion or explosions that were likely to cause serious bodily harm or death," or to damage property. The charge specifies that Mr. Khalid was acting in support of other conspirators whose names are subject to a ban on publication.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
A line in the sand -- and can the NDP afford not to cross it?
BILL CURRY
May 5, 2009
OTTAWA -- Stephen Harper dismissed opposition demands for changes to employment insurance yesterday, setting the Prime Minister on a collision course that could lead to a summer election.
Rising for the first time in the House of Commons since the Liberal Party officially confirmed his leadership over the weekend, Michael Ignatieff demanded a national standard of 360 hours of work to qualify to receive benefits under the federal assistance program.
He also urged the Prime Minister to strike an independent panel to recommend further changes within a matter of weeks.
But Mr. Harper made no concessions yesterday, defending what he described as the long-held principle that EI benefits are easier to get in regions where unemployment is highest.
"Canada has a very generous system of employment insurance that was, in fact, enhanced in the most recent economic action plan of this government," Mr. Harper said. "I am perplexed by the sudden interest of the Liberal Party in NDP employment insurance policy."
Mr. Ignatieff threatened over the weekend to push for an election unless the government changes the EI rules. Defeating the government, however, requires the support of the Bloc Québécois and New Democrats. The three opposition parties have not been on friendly terms since the breakup of a coalition arrangement earlier this year, but all three are calling for a national standard of 360 hours to qualify for EI.
Bottom line don't drink ANYTHING before driving
Beginning May 1, 2009 a Driver who Registers a Blood-Alcohol Reading between .05 and .08 will be Levied a Three-Day License Suspension and a $150 Fine.
This Roadside License Suspension cannot be Appealed and You may not Drive again until after Your Suspension has Expired and you have gone to a MTO License Office to Pay your Fine and Obtain a Temporary Drivers License !
A Reading in that range currently only gets you a 12-hour Driving Suspension.
Even One Drink might put a small Person over the .05 Limit.
The new Penalties will get steeper with each Infraction.
After May 1, for example, a Motorist who receives a Second Warning within Five Years of the first will have his or her Privilege to Drive Suspended for Seven Days On top of that, they will be required to attend a Remedial Driver Training Program. These Roadside License Suspensions cannot be Appealed !
If there is a Third occurrence in the Five-Year Period their License will be Suspended for 30 Days, they will be sent back to Remedial Driver Training Class and they will have to have a Costly Ignition Interlock installed in their Vehicle for Six Months.
The Training Programs, Ignition Interlock and Ministry Monetary Penalties will all be at the Driver's Expense.
Const. Bill Baines of Sarnia Police Service said the amount of Alcohol in your Blood that will get you into trouble after May 1 will now be so low that many Drivers may decide not to Drink even a little before getting behind the Wheel.
"It does change the picture in that sense," he said. "For the good of all, we don't want People Drinking even a small amount if they're going to be on the Road. The bottom line is we don't want People Drinking even a little bit. It's very dangerous. It costs Lives and it injures a lot of People."
Ontario's Drinking and Diving Rates dropped by 15 Per Cent during the First Eight years of this Decade.
Here is the MTO Web Link below;
<http://www.mto.gov.on.ca/english/safety/impaired/fact-sheet.shtml#adls> http://www.mto.gov.on.ca/english/safety/impaired/fact-sheet.shtml#adls
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Pakistan implodes
Pakistan expects 500,000 to flee Taliban fighting
MINGORA, Pakistan – Black-turbaned militants roamed city streets and seized buildings in a northwestern Pakistan valley Tuesday as thousands of people fled fighting between the Taliban and troops that the government said could lead to an exodus of half a million people. The Taliban declared the end of their peace deal with the government.
Buses carrying the residents of Mingora, the region's main town, were crammed inside and out: Refugees clambered onto the roofs after seats and floors filled up. Children and adults alike carried their belongings on their heads and backs — all of them fleeing fighting they fear is about to consume the region.
Pakistan's leader prepared for talks in Washington with President Barack Obama on how to sharpen his country's fight against al-Qaida and the Taliban, which are blamed for attacks in both Pakistan and Afghanistan. The deteriorating Swat Valley truce with the Taliban, which American officials opposed from the start, is expected to play a prominent role in the discussions.
Khushal Khan, the top administrator in Swat, said Taliban militants were roaming the area and laying mines.
A witness in Mingora told an Associated Press reporter that black-turbaned militants were deployed on most streets and on high buildings, and security forces were barricaded in their bases. Another reported heavy gunfire for much of the day. Both asked for anonymity out of fear for their life.
Taliban spokesman Muslim Khan said the militants were in control of "90 percent" of the valley and said they were responding to army violations of the peace deal — citing attacking insurgents and boosting troop numbers. He accused the government of caving to U.S. pressure.
Pakistan agreed to a truce in the Swat Valley and surrounding districts in February after two years of fighting with militants in the former tourist resort. It formally introduced Islamic law last month in the hope that insurgents would lay down their arms, something they have not done.
Last week, the insurgents moved from the valley into Buner, a district just 60 miles (100 kilometers) from the capital, triggering alarm at home and abroad. The army responded with an offensive that it says has killed more than 100 militants, but has yet to evict them.
"Everything will be OK once our rulers stop bowing before America," Muslim Khan, the Taliban spokesman, told The Associated Press by cell phone, adding the peace deal had "been dead" since the operation in Buner.
Khushal Khan, the Swat official, said curfew was suspended so people could leave Mingora, and a camp was set up for the displaced in a nearby town. Hundreds were leaving, according to an AP reporter in Mingora.
"We are leaving the area to save our lives," said Sayed Iqbal, a 35-year-old cloth merchant who was putting household goods in a pickup truck already loaded with his elderly parents, wife and two children. "The government has announced people should leave the area. What is there left to say?"
Mian Iftikhar Hussain, the information minister for the North West Frontier Province, said up to 500,000 people were expected to flee the valley. Hundreds are already gone, adding to roughly half a million people driven from other regions in the northwest over the last year by fighting between soldiers and insurgents, witnesses said.
Hussain said authorities were releasing emergency funds and preparing six new refugee camps to house them.
While an army offensive would be welcomed abroad, it was far from certain the government would be able to dislodge the militants, who have had three months under the peace deal to rest and reinforce their positions.
Pakistan has waged several offensives in the border region in recent years that have often ended inconclusively amid public anger at civilian casualties. The country's army, trained to fight conventional battles against rival India, is not used to guerrilla warfare.
Chambers hearings part of trial
Today’s Court of Appeal decision in R. v. James, 2009 ONCA 366 is interesting in that it finds that in chambers matters are part of a trial and, at least in the criminal context, an accused ought to be present. The Court holds:
THE RIGHT TO BE PRESENT AT TRIAL
[14] Subject to certain exceptions that do not apply in this case, an accused is entitled to be present at his trial. This fundamental principle is set out in s. 650(1) of the Criminal Code, which provides as follows:
Subject to subsections (1.1) to (2) and section 650.01, an accused, other than an organization, shall be present in court during the whole of his or her trial.
[15] This court has held that not everything that occurs during the trial is part of the “trial” for the purposes of s. 650(1). The most complete discussion of this issue is by Martin J.A. in R. v. Hertrich (1982), 67 C.C.C. (2d) 510 (Ont.
The presence of the accused at all stages of his trial affords him the opportunity of acquiring first-hand knowledge of the proceedings leading to the eventual result of the trial. The denial of that opportunity to an accused may well leave him with a justifiable sense of injustice.
[16] Given these principles, Martin J.A. held that the accused had the right “to have direct knowledge of anything that transpires in the course of his trial which could involve his vital interests”: Hertrich, at p. 539. Subsequent cases have adopted an expansive view of what constitutes part of the trial to vindicate these policies. See R. v. Barrow, [1987] 2 S.C.R. 694, at 704, and R. v. Laws (1998), 41 O.R. (3d) 499 (
[17] In my view, the in-chambers discussion was part of the trial. The trial judge, who in this judge alone trial was the trier of fact, expressed his strong, if premature, views as to the credibility of one of the two Crown witnesses. That this discussion affected the appellant’s vital interests is demonstrated by the impact it had on the course of the trial and in particular, on the appellant’s decision not to testify. The danger of holding such meetings where the accused does not have first hand knowledge of the discussion and where, with the absence of the court reporter, no accurate record is kept, is manifest in the disagreement between counsel as to what was said. If Crown counsel is correct and the trial judge’s view of the Crown witness’s credibility depended on the accused testifying, the accused was misled by his own counsel. He acted upon erroneous information and advice because he was not present for this part of the trial. In short, the appellant’s ability to make full answer and defence was affected by what occurred in the chambers meeting. Given the outcome of the trial, and the trial judge’s repeated reference in his reasons to the appellant’s failure to testify, the appellant could well have a justifiable sense of injustice.
An Interview with Sufi Muhammad from the Daily Times of Pakistan (May 4)
Monday, May 04, 2009
Being photographed, video taped is un-Islamic: TNSM chief
* Sufi Muhammad says democracy, communism, socialism, fascism are un-Islamic systems of governance
* Says jihad is only obligatory when infidels seek to eliminate sharia
* Women can only come out of their houses to perform Haj
Daily Times Monitor
LAHORE: It is un-Islamic for anyone to be photographed, Tehreek-e-Nifaz-e-Shariat-e-Muhammadi (TNSM) chief Sufi Muhammad has said.Talking to a private TV channel, he said any duplicated image of a person, whether a “still picture or video” was un-Islamic.
Referring to the various systems of governance, he said democracy, communism, socialism and fascism were all un-Islamic.
He also said there was no need for a constitution in the country in the presence of the Quran and Sunnah, adding these were the “biggest laws” available to humanity.
Focusing on democracy, he said it was un-Islamic, as infidels invented it. “I would not offer prayer behind anyone who would seek to justify democracy,” he said, adding this was why he had refused to offer prayers behind Jamaat-e-Islami (JI) chief Qazi Hussain Ahmad and Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Fazlur Rehman.
“How can people who believe in democracy be expected to enforce the ideals of sharia,” he said.
He said the struggle for Kashmir was to obtain land where Muslims could move about freely rather than seeking the implementation of shariat.
Obligatory jihad: Sufi Muhammad said the sharia system of governance not currently in force anywhere in the world, not even Saudi Arabia or Iran. “Only the Taliban had enforced sharia when they were in power in Afghanistan,” he added. He said he had gone to Afghanistan to conduct jihad, and not to cater to Mullah Omar or Osama Bin Laden.
“Jihad was obligatory at the time because the US wanted to end sharia in Afghanistan,” he added. He said Muslims could not wage jihad until the enforcement of sharia, adding jihad becomes obligatory on Muslims only after infidels attempt to eliminate the sharia system of governance.
To a question on his organisation’s members picking up the sword in the past and killing people, he said he was opposed to such actions.
“They took these actions without informing me and after I came to know of them, I prevented them from doing so,” he added.
Not allowed: On the status of women in a Taliban-run society, he said women were not allowed to come out of their house for any reason other than to perform Haj. However, he added, a female patient was allowed to visit a male doctor to seek a cure for her ailments.
Separately, Sufi Muhammad told another channel the TNSM wanted the implementation of sharia in Malakand Division. He said the qazis appointed by the NWFP government for the Darul Qaza were judges and their appointments had “not been in accordance with Islam”.
He said the 1973 Constitution was an Islamic document but had not been implemented properly. He said the rules framed by the government for the Darul Qaza were unacceptable, adding the NWFP government had not consulted him prior to their establishment.
Extreme comments
It's a well written and interesting paper.
But it's not a Liberal paper.
And to read it at the moment you would think an election was under way. Letters and cartoon all worry about "tax and spend" Liberals.
But who brought back deficit spending?
Who balanced the budget?
Perhaps we should complain about the tax and spend Conservatives???
Monday, May 4, 2009
Ignatieff in unexpected places
"As Ignatieff writes 'justice itself is not a problematic objective, but whether the attainment of justice always contributes to reconciliation is anything but evident'. Indeed a retributive penal system has shown it has no deterrent effect on would be violators."
The article argued against a Truth Commission for Zimbabwe. It was quite well put -- and Ignatieff's quotation was perfect.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Attempt to obtain secret commission not always a breach of fiduciary duty
Today’s striking decision in Mian v. Girdhar, 2009 ONCA 356 holds that an attempt to obtain a secret commission (more commonly known as a bribe) does not always amount to a breach of fiduciary duty.
While the case has some peculiar facts (pleading were defective and not amended until late in the trial) it is somewhat surprising, at least to this writer, that an attempt to obtain a secret commission is not seen as a fundamental breach of a fiduciary duty. Regardless, the case may be useful in wrongful dismissal matters when acting for an employee.
The Court writes:
It is clear that the trial judge’s decision that there was no breach of fiduciary duty turned on the fact that the request for the secret commission went nowhere from the outset, as well as on the fact that the appellants did not raise this issue in the proceedings until late in the trial.
Keswick #2 -- the path of non violence
Certainly that would have been ethically praiseworthy.
In the Sermon on the Mount in the Gospel of Matthew, Jesus says:
You have heard that it was said, 'An eye for an eye, and a tooth for a tooth.' But I tell you, do not resist an evil person. If someone strikes you on the right cheek, turn to him the other also. And if someone wants to sue you and take your tunic, let him have your cloak as well. If someone forces you to go one mile, go with him two miles. Give to the one who asks you, and do not turn away from the one who wants to borrow from you.
—Matthew 5:38-42, NIV
A parallel version is offered in the Sermon on the Plain in the Gospel of Luke:
But I tell you who hear me: Love your enemies, do good to those who hate you, bless those who curse you, pray for those who mistreat you. If someone strikes you on one cheek, turn to him the other also. If someone takes your cloak, do not stop him from taking your tunic. Give to everyone who asks you, and if anyone takes what belongs to you, do not demand it back. Do to others as you would have them do to you.
—Luke 6:27-31. NIV
My bigger concern about Keswick, and perhaps I phrased it badly, was not so much to praise the Korean boy -- who did behave in a totally understandable way, he was, after all, defending himself -- as to point out the one sided way the school reacted.
A racist bully incident leads to a fight and who gets suspended (and threated with expulsion)?
The victim of the racist attack.
Something problematic here... .
A week is a long time in politics
From Monday's Globe and Mail
What a difference a few months can make. It was only in December that the federal Liberals were plunged into a leadership crisis induced partly by a strategic alliance with the Bloc Québécois and the NDP. This weekend, at their convention in Vancouver, the Liberals celebrated their new-found stability – and a not coincidental lead in the polls – under Michael Ignatieff. It is now the Conservatives who might be considering strategic alliances with those other opposition parties, and whose members are beginning to ask some leadership questions of their own.
Such is the nature, to some extent, of a minority parliament. It cannot function for any sustained period unless the parties show some flexibility in their dealings with one another, and there would be no inherent shame for the Conservatives to co-operate with the NDP, or perhaps even the Bloc, to keep their government alive. On matters such as Employment Insurance reform (see the editorial below), addressing opposition concerns may serve an economic and social good.
That the Conservatives would enter any such negotiations from a position of weakness, however, and that they might weaken themselves further in the process, can be traced almost entirely to the political miscalculations of Stephen Harper.
Had the Prime Minister not ignited a parliamentary meltdown with his government's hyper-partisan economic update last November, the Liberals would not have accelerated the leadership process that replaced Stéphane Dion with Mr. Ignatieff. This weekend's convention would have been the culmination of a divisive leadership campaign, and the work of the new leader to rebuild the party would only just be beginning.
Instead, the Liberals are in vastly better shape than they were at the end of last year – united behind Mr. Ignatieff, no longer in debt, and showing signs of conducting the party renewal they neglected for so long. While no serious judgment of Mr. Ignatieff's leadership can be made until he releases a detailed policy agenda, the possibility that the Liberals could so soon present a serious challenge would have been hard to imagine back in November.
Sunday, May 3, 2009
June?????
Liberals split on election question
JANE TABER From Monday's Globe and Mail
VANCOUVER — Liberal Leader Michael Ignatieff has emerged from this weekend's convention with a ringing endorsement of his leadership and some money in the party's coffers, but he also leaves Vancouver with a caucus split on one crucial question: when to call an election. One veteran MP said Sunday the caucus is divided on when to go to the polls. Those who want an election very soon – as early as June – believe it could be their last opportunity until after the 2010 Olympics.
One of the most hawkish members, the MP said, is Bob Rae, who nominated Mr. Ignatieff on Saturday and holds a lot of sway in the caucus.
Says another senior Liberal MP:
"This government could last a lot longer than expected. I mean 2010 and possibly 2011. There are people that want to go as early as June. They are not factoring in the [Bloc Québécois'] and NDP's lack of desire to have an election."
All three opposition parties have to join forces to bring down the government, and the Bloc and NDP have lost interest in going quickly to the polls.
Mr. Ignatieff told a press conference Sunday that Canadians don't want an election and he is still trying to make Parliament work, but he is preparing for an election just in case.
He is laying the groundwork with his statements, including strong language in his acceptance speech Saturday in which he accused Stephen Harper of dividing the country: pitting "province against province, group against group, region against region, individual against individual."
"You have failed to understand that a prime minister has only one job: to unite Canadians," Mr. Ignatieff declared. At Sunday's press conference, he said he has asked his senior team to have a election platform, complete with full costs, ready for June.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
I can see how it might be interpreted that way
And hurts.
Imagine you are an Afghan father with a young daughter.
You are non political but care that your daughter has a decent life.
You could send your daughter to school, have her learn a trade, give her some choices. But if you think the Taliban will/could/may be back why would you risk your daughter's life giving her an education? Indeed, safety suggests quite the opposite.
Military concedes territory in Afghanistan to Taliban Brian Hutchinson, National Post
Sunday, May 3, 2009
KANDAHAR, Afghanistan -- Canada's military has conceded hard-won territory west of Kandahar City to Taliban insurgents.
The dismantling of a police substation in Mushan village signals the start of a new strategy that will see Canadian Forces troops move closer to Kandahar City.
But Mushan village and surrounding communities in western Panjwaii district are left without a fixed Canadian presence for the first time in two years. The police substation, also called a strong point, was dismantled last week, in a large-scale operation called Munkiredal, the Pashto word for deny.
In a briefing Sunday with reporters at Kandahar Air Field, Canadian officers explained that the 64 Afghans stationed inside the fortress, with a rotation of eight Canadian military mentors, were not able to disrupt insurgent activity in the area. The village is about 40 kilometres west of Kandahar Air Field.
It is now under Taliban control, the officers said, as is much of the Panjwaii peninsula, an area of some 160 square kilometres where poppy is a major cash crop for insurgents. The Canadian officers deny that Canada has abandoned the local population.
"I can see how it could be [interpreted that way]," said Maj. Stephane Briand, operations planning officer for the Quebec-led battle group in Kandahar. "
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Step by step, one by one, tous ensemble!!!
Politics is exciting.
It is very seductive -- especially the moments of victory. It is at those times, when everything comes together, that politics does seem, as the Romans would have it, the highest good.
But those moments of victory do not come easily. Politics is not just packed convention centres.
In fact, politics is grubby Church basements and offices in second string law firms. Votes are won one by one. Alliances are not formed by grand intellectual constructs but by quiet face to face meetings over a beer. Meetings where people speak about themselves and why they care about this or that. And strength comes from the friends so formed.
Politics is retail not wholesale.
I think this struck me as I was cutting blocks of cheese for a hospitality suite. I had plans and a policy -- all of which I wanted to tell the world -- but to tell my story I had to dice cheese and put the cubes on paper plates next to whole wheat crackers all bought from Costco.
Step by step, one by one, tous ensemble!!!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Saturday, May 2, 2009
Racism alive and well in Keswick
That said, the bullies made a bad mistake beating up an Asian high school kid who happened to have a black belt.
Now the school has suspended both students and has threatened to expel the Korean student from all schools in the school district. I suppose they want to make it clear you must turn the other cheek -- at least if you're Asian.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
"We are a light unto the nations." (Isaiah 42:6)
As Michael is made Leader
Michael is being formally elected leader.
Michael Grant Ignateiff.
To my surprise I find the moment quite emotional. This has been a long journey.
From our first meeting at the Ottawa policy convention, just a few years ago, Michael has been a committed Liberal. He fought a hard battle to become an MP and since then has struggled against considerable odds to become Liberal Leader.
He has united the Party -- we are all as one today. He will be the next Prime Minister and will be the next great Prime Minister.
Laurier, Trudeau, Ignatieff.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
A discussion with Senator Smith

Regarding election readiness he said we can be ready. He commented that presently momentum is favorable to the Liberal. He noted that the direction is critical -- and since the Bloc and the NDP are not well placed for and election so they might well not seek an election soon.
Senator Smith pointed out that Canadians are not keen for an election presently.
On being asked when the Government will fall the Senator said it's unlikely the government will go full term. Beyond that the Senator suggested the next budget or even in the fall would be a likely or possible fall time. The Senator noted an earlier date was possible even this spring. A suggestion of a possible 'understanding' between the Bloc and the Conservatives might put an election even further back.
On being asked about appointing women candidates, instead of having EDA elections for candidates, Senator Smith said that if necessary the Leader would so do. The Liberals will do what has to do. Senator Smith recalled a time where in the Toronto area the entire Liberal team was all men -- that will not be allowed to re occur.
In the last election the Liberals did not spend the limit. The Senator noted money helps but it's not everything. This time we will be in a better position to spend more -- obviously the greater the war chest the better. Financially things are improving.
In passing the Senator said he was satisfied with the one member one vote proposal.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Justice of the Peace Bench
By James Morton, Ottawa Citizen
May 2, 2009
Recent media reports focusing on justices of the peace have centred around two cases of alleged conflict of interest and abuse of the position. One Ontario justice of the peace who is facing accusations of touching a colleague "in a sexual manner," was previously rebuked for releasing a man on drug trafficking and weapons charges for no apparent reason.
But these isolated cases obscure the fact that the Bench has become thoroughly professional and is a highly trained and skilled body of adjudicators.
The ancient office of justice of the peace is one of great honour and responsibility. In 1195, Richard I ("the Lionheart") of England commissioned certain knights to preserve the peace in unruly areas. They were responsible to Richard for ensuring that the law was upheld, and preserved the "King's Peace," and were the first Justices of the Peace.
Over time the policing role diminished and justices were chosen as being persons of standing and wisdom in the community. Their judicial function remains a vital part of the administration of justice in Ontario. Justices of the peace are the gatekeepers for the system and are, to a large extent, the public face of justice in Ontario.
Despite the honour there may, in fact, be some justices of the peace who do not measure up to the high standards required. The likely removal of a very few does not suggest a failure of the Bench -- in fact, it shows the high standards expected of all justices of the peace.
In Ontario, justices of the peace must have a university degree, or equivalent, and a minimum of 10 years work experience. They are appointed following careful vetting by an arms-length non partisan appointments committee similar in structure to that used for the appointment of Ontario Court of Justice judges.
The annual income for a justice of the peace is uniform and is only slightly greater than $100,000 a year -- and while that's a good income, it's not a fortune.
Many justices of the peace willingly gave up far more lucrative positions in the professions or business to serve Ontario.
While justices of the peace do not have to have legal training many do and, regardless, all new appointments undergo a rigorous training cycle. After initial training justices of the peace have a continuing legal education process. Having been involved with the ongoing legal education of justices of the peace, I can attest to their professionalism and dedication to knowing the law they apply. This legal background is needed because they perform significant and complex duties.
The Criminal Code and the Ontario Provincial Offences Act confer jurisdiction upon a justice of the peace, but there are many other federal and provincial statutes and regulations that empower justices of the peace with legal jurisdiction.
The two main areas of jurisdiction for justices of the peace are criminal law and provincial offences.
Justices of the peace preside over virtually all bail hearings and the majority of criminal remand courts. They also receive informations (the document which commences a criminal proceeding), confirm or consider the issuance of criminal process, and are responsible for the denial or issuance of search warrants. It is fair to say justices of the peace form the backbone of the criminal justice system.
Justices of the peace exercise jurisdiction over the majority of provincial regulatory offences and municipal by-law prosecutions. As in criminal proceedings, justices of the peace receive informations and warrant applications, consider the issuance of process and preside at hearings and trials.
Sometimes justices of the peace err and are overturned on review or appeal but, in fairness, that is the fate of some decisions of Superior Court judges; indeed, even the Court of Appeal is overturned from time to time. In general justices of the peace know the law they apply and know it well.
There are approximately 325 justices of the peace in Ontario. They sit across the entire province and are a truly diverse bench. Justices of the peace come from all backgrounds, races and religions and there is close to true gender balance, especially for more recent appointments. Justices of the peace genuinely reflect the people of Ontario; they are a bench the province can respect and be proud of.
James Morton is a past president of the Ontario Bar Association and teaches evidence at Osgoode Hall Law School. He has lectured to justices of the peace in Ottawa and Toronto.
Friday, May 1, 2009
Dutch Royal assault
THE HAGUE - A man who tried to ram his car into the Dutch royal family, killing six onlookers at a parade, died in hospital Friday as details emerged of how he lost his job and was about to lose his home.
The killer driver, who has not been officially identified, died in hospital in the early hours from severe head trauma as relatives of the six victims that he mowed down tried to come to terms with their loss.
The tragedy, labelled "an act of despair" by newspapers, also prompted questions about royal security and whether there would have to be a rethink about staging the annual Queen's Day procession.
Newspapers, displaying gruesome photographs of twisted limbs and bodies sent flying at a royal parade Thursday in the central city of Apeldoorn, said the man had recently lost his security guard job.
"Recently, he informed me that he had been dismissed and could no longer pay the rent," landlord Sem Bosman told the mass market De Telegraaf newspaper.
Canwest Poll Results
VANCOUVER -- Liberal Leader Michael Ignatieff described his party as "fit to govern" Friday as a poll showed the Grits leading the Conservatives for the first time since the October election in an Ipsos Reid poll.
While the Liberal lead of 36% to 33% could be enough to form government, the poll found Prime Minister Stephen Harper outranks Mr. Ignatieff on many counts on the eve of a national Liberal convention vote confirming his four-month-old leadership.
It also found little public hunger for having another federal election. ...
Pollster John Wright said the Liberals' biggest strength appears to be their brand, while the Conservatives' strength is seen as Mr. Harper's leadership. ...
The poll suggested the Liberals have closed what was, as recently as December, a 23-point gap behind the governing Conservatives. ...
In Ontario, the Liberals have a 10-point lead over the Conservatives. And while the Liberals in Quebec trail the Bloc Quebecois 34% to 32%, the Conservatives are far behind, with just 14% of the support of decided voters.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Formal Opening
The business of the convention is significant -- already a streamlining of administrative functions in the Party has been approved. Tomorrow the concept of one member one vote will be given close consideration.
For myself there is a significant task ahead -- the task of making the Council of Presidents a functioning group exercising its constitutional role within the Party. This will require the mechanics of internal bylaws, structured telephone meetings, blogs and listserves and finally carefully organized agendas for effective meetings. And all this in both languages.
After tonight's opening festivities there will be hospitality suites -- likely far more lavish than mine. Bollywood looks to be exciting but I want to go to the Apps Family affair. And if I don't pass out before (joke) I want to see the McGinty suite.
It's the off Convention affairs that count -- today I have spoken to two former Prime Ministers, a former Party Leader, a future Prime Minister and my own Premier. And the night is young.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Amnesty International Outraged at Iran's Execution of Delara Darabi

WASHINGTON - May 1 - This morning, Iranian authorities executed Delara Darabi in Rasht Central Prison. She is the second person to be executed this year after being convicted of a crime she was alleged to have committed while still under 18, Amnesty International revealed today. "Amnesty International is outraged at the execution of Delara Darabi, and particularly at the news that her lawyer was not informed about the execution, despite the legal requirement that he should receive 48 hours' notice. This appears to have been a cynical move on the part of the authorities to avoid domestic and international protests which might have saved Delara Darabi's life," said Hassiba Hadj Sahraoui, deputy director of the Middle East and North Africa program.
Delara Darabi was executed despite her having been given a two-month stay of execution by the Head of the Judiciary on April 19. "This indicates that even decisions by the Head of the Judiciary carry no weight and are disregarded in the provinces," said Hassiba Hadj Sahraoui.
Delara Darabi was convicted of murdering a relative in 2003 when she was 17. She initially confessed to the murder, believing she could save her boyfriend from the gallows, but later retracted her confession. She was being detained at Rasht Prison in northern Iran since her arrest in 2003, during which time she developed a significant talent as a painter.
Amnesty International does not consider her trial to have been fair, as the courts later refused to consider new evidence which the lawyer said would have proved she could not have committed the murder. Amnesty International had campaigned for her life since her case came to light in 2006, urging the Iranian authorities to commute her death sentence and calling for a her re-trial in proceedings that meet international standards.
Victory Fund Champions
Principles are not enough
Dion was the right leader for his time
His leadership drew a line between the conflicted past and today's unity. His integrity and personal strength were clear to everyone.
Joe Clark, in hindsight, was a far greater leader of the Progressive Conservatives than he once seemed -- history will be kind to Stephane Dion.
Change in reality makes future unclear
The Toronto Star
Friday, May 1, 2009
Page: A06
Section: News
Byline: Chantal Hebert
Source: Toronto Star
As the Liberal party prepares to formally close the sorry chapter of his leadership tonight, it is unclear what, if anything, the political future holds for Stephane Dion.
Since he was cast aside in the heat of last year's parliamentary crisis, Dion has given few public indications of his post-leadership plans and no solid hints that a much-postponed return to academia is now in the cards.
Should he run in the next election and the Liberals win power, he could certainly imitate Joe Clark and Stockwell Day, who both went on to lead productive lives as senior ministers after bruising spells as party leaders.
But if Dion does stay on, it will be because he has become addicted to political life rather than because the original mission that brought him to the federal arena in the wake of the 1995 referendum requires that he remains on the front-line.
Upon his arrival on Parliament Hill, Dion had vouched to change the terms of Canada-Quebec conversation. In his own, hard-to-translate words, he wanted to "change mentalities and then change reality."
Back in early 1996, that sounded like a tall order in either official language but the fact is that there has been a shift in the Quebec optics on sovereignty and federalism.
In the ongoing fixation with the ups and downs of the major federal parties in voting intentions, it is easy to lose sight of the core issue that brought Dion to Parliament Hill more than a decade ago. Back then, sovereignty was the first choice of a majority of francophone Quebecers; now there is mounting evidence that the current quiet spell on the unity front is more than just a ceasefire while sovereigntists regroup for another referendum offensive.
From almost 50 per cent in 1995, support for sovereignty currently hovers at the 40 per cent mark. It has been down to that level since the adoption of the Quebec nation resolution in Parliament in 2006.
That was also the time when Stephen Harper was on an all-out charm offensive in Quebec and Conservatives were in ascent in Quebec.
Since then, Quebecers have soured on the government. These days, it is hard to think of a Conservative policy that has positive traction in Quebec or of a Harper minister who is popular in the province.
Over the past three months, the Conservatives have broken new lows for a sitting federal government in voting intentions in Quebec. At 13 per cent in a just-published CROP poll, they stand to be wiped out of the province in the next election.
And yet, support for sovereignty has remained stagnant. In sharp contrast with the past, deep discontent with the federal government and the reappearance of major irritants between Quebec and Ottawa are not translating into a nationalist surge.
That is not to say that the sovereignty movement is not alive, just that it is not doing as well as the parties that purport to advance its cause.
The support of two out of five Quebecers may be enough to ensure that the Bloc and the Parti Quebecois are forces to contend with in Parliament and the National Assembly but it does not amount to a springboard to another referendum.
Instead, with every passing poll, it is becoming clearer that a significant group of soft nationalists are no longer automatically inclined to use sovereignty as leverage in their collective dealings with Canada. And that, in the awkward words of Dion, is certainly a crucial change in mentalities.
Chantal Hebert is a national affairs writer. Her column appears Monday, Wednesday and Friday.
Liberal Minute Interview
http://liberalminute.wordpress.com/2009/05/01/libcon2009-4-james-morton-pre-victory-interview/
Council of Presidents

It is a strange feeling speaking to such a large room with people from across the country. My French is still not what it should be (or what it will be) and I have to be careful to enunciate properly.
My opponent was a fine candidate and I was honoured to campaign against him. It was a difficult and close run fight.
But success is achieved.

















