Saturday, May 16, 2009
Cuff him (ok, her) DanO
Woman cuffed for not holding escalator handrail
LES PERREAUX
From Saturday's Globe and Mail
MONTREAL — Anyone who has ridden an escalator and bothered to pay attention has seen – and likely ignored – little signs suggesting riders hold the grimy handrail.
In Montreal's subway system, the friendly advice seems to have taken on the force of law, backed by a $100 fine.
Bela Kosoian, a 38-year-old mother of two, says when she didn't hold the handrail Wednesday she was cuffed, dragged into a small holding cell and fined.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Congratulations to Heather McGee -- Justice of the Superior Court
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Murphy on Attack Ads
Full story here: http://www.theglobeandmail.com/servlet/story/LAC.20090516.COMURPHY16ART2003/TPStory/National
REX MURPHY
'Is that Michael Ignatieff on the cover of the British GQ, the upscale version of its more gamy American counterpart?'
That was the question that leaped unbidden to my lips after viewing the photo on the front page of Thursday's Globe and Mail. And, as was the case I am sure with thousands of my fellow Canadians, I mustered up a few "harrumphs" and maybe even one "pshaw" before delivering the verdict: "Well, that settles it. Not going to vote for him."
I think I'm with the rest of the country when I say we really don't want as a future prime minister someone who's not only appeared on the cover of foreign "style" magazines, but - save us the nightmare - has actually written for some of them. It gets darker. He's written for those egghead ones as well - in fact scattered his tony prose in the close print of all sorts of highbrow and middle-forehead publications on both sides of the Atlantic. I believe - I don't want to libel him here, but the truth must out - he's also appeared, very frequently, on the BBC!
...
The picture I'm referencing comes, of course, from the Conservatives' latest batch of anti-Iggy ads. This is getting very tired. As was done to Stéphane Dion so must it be done to Mr. Ignatieff. The Harperites are back at what they do best, or - let me try to be more precise - back at what it seems they really like most to be doing. Attacking the other guys' leader. There are a lot of cards in the political deck, but the attack card seems to be the one that most fits with the Conservatives under Mr. Harper.
...
Can they not at least understand that it is precisely this attitude, more than any other factor, that has kept them frozen in the polls near the low 30s - that has denied them any measurable, sustained growth - from the moment of their first victory?
It comes mainly from the edgy, mean spirit that predominates in how they choose to present themselves. We saw it in the attempts to cut public financing for political parties last December. Any chance to kneecap their opponents and Mr. Harper's men start to salivate. It was surely present in the blitz of attack ads on Mr. Dion, which were unnecessary, and mean. Whatever those ads did to undermine the already weak Stéphane Dion is debatable. What is not debatable is how much they underlined the Conservatives', and Mr. Harper's, mean streak. There is some quality of the Conservative Party that gives the impression that they are always just about to have a temper tantrum.
Canadians don't like mean. It's bad politics and bad manners. And so, this latest batch about "snob" Ignatieff, Ignatieff the intellectual nomad - they will undoubtedly cheer the frozen base of the party. But they will also, as did the Dion ads, reinforce the impression of many Canadians, who are not Tory partisans, that this crowd is only at its best when its being mean about the other guy.
...
The ads, I predict, will hurt the Conservatives, far more than they will trim the rising Ignatieff Liberals.
Criminal Code changes
Tories propose Criminal Code fixes; Rules for fingerprinting, prizefighting
among 'modernizations' to law
Janice Tibbetts
Ottawa Citizen , May 16, 2009
Justice Minister Rob Nicholson proposed a grab bag of changes to the Criminal Code on Friday, from allowing police to fingerprint suspects before charging them, to rewriting an outdated ban on prizefighting because it technically outlaws martial arts such as tae kwon do, judo and karate.
The proposed "modernization" legislation, the outcome of discussions with the provinces and territories, contains 40 amendments to Canadian law.
The bill also proposes creating a new crime to help stop individuals from
fleeing from province to province to avoid prosecution and provide police
with greater access to "telewarrants" so that they can phone a justice of the peace to obtain quick authority for search and seizure instead of making
a request in person.
"Crime is constantly evolving in Canada, so it is crucial that our criminal justice system evolves with it," Nicholson said Friday in a statement.
Nicholson's spokesman, Darren Eke, said that fingerprinting and photographing arrested suspects, a move designed to speed up the process at the police station, will only happen to those on the verge of being charged with indictable offences, which are Canada's most serious charges, comparable to U.S. felonies.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Friday, May 15, 2009
Most MPs only recently politicians
"Operating under minority governments since 2004 has resulted in a Parliament where more than two-thirds of federal politicians have less than five years' experience. In analysing the demographic statistics of the composition of the House of Commons, the Public Policy Forum found that 67.5 per cent of MPs have been elected since 2004; almost one-quarter of all current MPs were voted in for the first time in October 2008. A mere three per cent of MPs have more than 15 years' experience.
Not only have the vast majority of MPs not been on the Hill for very long, but most of them also don't come with much other political experience either.
More than 61 per cent of MPs come from business or the private sector, while almost 14 per cent come from academia. The remaining one-quarter of members come from public and health services areas, non-profit organizations or other areas of politics.
"The old complaint used to be that there were too many career politicians," Public Policy Forum chief executive David Mitchell said Sunday.
"We got a bit jaded that they had little or no real-life experience, but now we've gone the other way. The stunning lack of experience, and hence memory of Parliament as an institution, provides the context for the acrimony we see in the House on a day-to-day basis.""
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
War on drugs
Arianna Huffington:
When it comes to addressing America's disastrous war on drugs, the Obama administration is saying the right things. In his first interview since being confirmed, Obama's new drug czar, Gil Kerlikowske, said that we need to stop looking at our drug problem as a war. He also said that it was time to focus more on treatment and less on incarceration. But when it comes to putting its rhetoric into action, the administration has faltered. Its current budget is still overwhelmingly skewed in favor of the drug war approach -- indeed, it allocates more to drug enforcement and less to prevention than even George Bush did. So the question becomes: is the Obama administration really committed to a fundamental shift in America's approach to drug policy or is this about serving up a kinder, gentler drug war? Click here to read more.
<http://www.huffingtonpost.com/arianna-huffington/ending-the-war-on-drugs-t_b_203768.html>
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Prisons must change
Prisons can only work to rehabilitate their inmates if they are free from crime and a place for reflection and retraining. Unfortunately, Canada’s prisons are crime ridden, dirty, degrading and dangerous. They act more as a school for crime than a place of rehabilitation. In fact, the most recent Federal Government study showed that incarceration was associated with a slight increase in recidivism; a key study conclusion was that “Prisons and intermediate sanctions should not be used with the expectation of reducing criminal behaviour”.
The concept of a prison for rehabilitation is modern. Historically, prisons were intended as places to hold accused briefly pending trial or punishment; St. Paul’s time in prison was as someone awaiting trial. The concept of redemption through a restriction on liberty was alien to the premodern world.
Certainly the concept of rehabilitation was the driving force behind the creation of the modern penal system. The first Penitentiary Act (1779) began by speaking of “deterring others from the commission of … crimes [and] of reforming individuals and inuring them to habits of industry.” The concept of deterrence and reformation through incarceration remains the justification for prisons.
Unfortunately, the theory and practice of prisons is widely separated. In theory, separated from society and bad influences, the criminal will reflect on his errors and, with time and training, move on to become a productive citizen. The concept of quiet solitude combined with productive labour is well suited for spiritual and moral rebirth. In such circumstances prisoners might well be rehabilitated. Prisoners might spend time reflecting on their actions and see that they best avoid their former errors; instead, in practice, prison life is a struggle to survive and there is little room for reflection.
While some prisons, especially those holding inmates for extended periods, have adequate resources, all Canadian prisons fail to isolate prisoners from the bad influence of other prisoners. Fraudsters, robbers, thugs and the mentally unhinged (at least 15% of the population) mingle in circumstances of almost limitless intercourse. Add widely available narcotics to the mix and it’s hardly surprising that few reform.
What’s more, many prisons are grossly overcrowded and under resourced. Cells designed for one person hold three, and the prisoners are often held in those tiny spaces for periods of more than 12 hours on a daily basis. Violence is a commonplace, the problem made worse by overcrowding and drugs, and ill health, with tuberculosis widespread, is a daily fact of life. It defies common sense to think anyone will come out of such conditions an improved person.
Our system does not succeed in large part because it is not rational. It is possible to make prisons that are free from drugs and where prisoners are treated for ill health and protected from assault. The failure to make these reforms makes a mockery of the penal system. Prison reform, treating prisoners as human, does not mean prisoners are being mollycoddled. Punishment is a legitimate part of incarnation. But prison reform does mean that prisons must be designed to allow for improvement through incarceration – if we are to incarcerate people, and we do in large numbers, there must be at least a prospect of the incarceration doing some good.
Provincial Prosecutors convention
Terror tribunals start up again
Obama to revive terror tribunals
LARA JAKES
Associated Press
May 15, 2009 at 1:00 AM EDT
WASHINGTON — U.S. President Barack Obama will restart military tribunals for a small number of Guantanamo detainees, reviving a fiercely disputed trial system he once denounced but with new legal protections for terror suspects, U.S. officials said Thursday.
Mr. Obama suspended the tribunals within hours of taking office in January, ordering a review but stopping short of abandoning former president George W. Bush's strategy of prosecuting suspected terrorists.
The military trials will remain frozen for another four months as the administration adjusts the legal system that is expected to try fewer than 20 of the 241 detainees at the U.S. naval detention centre at Guantanamo Bay, Cuba. Thirteen detainees — including five charged with helping orchestrate the Sept. 11, 2001, attacks — are already in the tribunal system.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Thursday, May 14, 2009
Yes, Flocke is a girl and Razzi (Rasputin) is a boy; This is Razzi
Phony quotations can fly
Thus, a quote of Stephen Harper saying "the root cause of crime is greed" might be accepted whereas a quote "there's really nothing wrong with a little weed on the weekend" would likely not. That's especially so if the second quotation ends with the addition "right, dude?".
Still, quite a story -- see below:
DUBLIN (AP) -- When Dublin university student Shane Fitzgerald posted a poetic but phony quote on Wikipedia, he was testing how our globalized, increasingly Internet-dependent media was upholding accuracy and accountability in an age of instant news. His report card: Wikipedia passed. Journalism flunked.
The sociology major's obituary-friendly quote -- which he added to the Wikipedia page of Maurice Jarre hours after the French composer's death March 28 -- flew straight on to dozens of U.S. blogs and newspaper Web sites in Britain, Australia and India.
...
"One could say my life itself has been one long soundtrack," Fitzgerald's fake Jarre quote read. "Music was my life, music brought me to life, and music is how I will be remembered long after I leave this life. When I die there will be a final waltz playing in my head that only I can hear."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Liberal Parliamentarians for Israel Reiterate their Support for a Principled and Non-Partisan Canadian Foreign Policy
OTTAWA – Liberal Parliamentarians for Israel (LPFI) reiterate their support for a principled and non-partisan Canadian foreign policy towards the Arab-Israeli conflict that includes respects for Israel's right to protect its civilians from attack and the national aspirations of the Palestinian people. This responds to the tabling of a partisan and prejudicial petition by Ms. Libby Davis, NDP Member of Parliament from British Columbia in the House of Commons from two partisan organizations seeking to isolate Israel internationally.
"It is unfortunate that some parliamentarians choose to put forward extremist views that have little to do with realities on the ground and everything to do with partisan efforts to de-legitimize Israel internationally", said LPFI Co-Chair Anita Neville, Member of Parliament from Manitoba in reaction to the petition. "The conflict in Gaza did bring hardship on the Palestinian people. But the responsibility does not rest with Israel, which sought to stop rocket attacks against its civilians. It rests with Hamas, a terrorist organization banned in Canada which is committed by the Hamas Charter to Israel's destruction."
The Middle East conflict is a dispute over land of two peoples with a strong historic and religious connection to the same stretch of land. Palestinians claim that Israel's conquest of the West Bank, Gaza Strip and the Golan Heights is the biggest obstacle to peace and the real cause for the Middle East conflict. But terrorism by Palestinian groups predates the 1967 Six-Day War and Israel's presence in these territories, showing that Palestinian unwillingness to accept Israel's existence and terrorist tactics are the true obstacle to peace in the Middle East.
"Canada's longstanding foreign policy towards the Middle East conflict is non-partisan and constructive," said LPFI Co-Chair Senator David Smith, "it is a Liberal foreign policy that the Conservative Government quite correctly adopted as their own. It stresses Israel's right to live within secure borders and to assure its own security. It condemns terrorism and terrorist groups, such as Hamas. But it also recognizes Palestinian right to self-determination and supports the creation of a sovereign, independent, viable, democratic and territorially contiguous Palestinian state. I would urge my fellow parliamentarians and concerned groups to first acquaint themselves with Canada's actual foreign policy and with realities on the ground before characterizing either."
Canada's foreign policy on key issues in the Israeli-Palestinian conflict can be found on the official site of the Department of Foreign Affairs and International Trade at http://www.facebook.com/l/;www.dfait-maeci.gc.ca/middle_east/can_policy-en.asp <http://www.facebook.com/l/;www.dfait-maeci.gc.ca/middle_east/can_policy-en.asp> .
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Test for bias very high
In any event, today's decision in Matutschovsky v. Singer, 2009 ONCA 406 deals with the issue in the context of the self-represented and makes it clear the test for bias remains very high.
The issue is not what the party may have thought but what the reasonable and informed observer would have thought:
[4] The threshold for an allegation of bias on the part of a judge is high. In our view, the appellant has failed entirely to meet this threshold.
[5] In all of the circumstances of this case, it simply cannot be said that an informed person, viewing this matter realistically and practically - and having thought the matter through - could conclude there was an apprehension of bias in the proceedings: see Committee for Justice and Liberty v. Canada (National Energy Board), [1978] 1 S.C.R. 369, at p. 394. There was no denial of natural justice and this ground of appeal must be dismissed.
A comment on Attack Ads
Hi James I'm hoping someone intelligent in OLO is reading this comment. LPC MUST reply to these ads with the same.Negative advertising works. Canadians listen and believe them.Don't try to convince yourselves otherwise or Iggy will become Dion part 2 very very fast.A response via blogs is completely inadequate.
More attack ads stuff
Ignatieff dismisses Tory attack ads
KATHLEEN HARRIS AND CHRISTINA SPENCER, NATIONAL BUREAUOTTAWA -- New Conservative attack ads that shine a spotlight on Michael Ignatieff's 34 years outside Canada were dismissed as a "diversionary tactic" by the Liberal leader yesterday.
"On a day when we've got record bankruptcies, we've got unemployment skyrocketing, all this government can think of doing is running attack ads on me," Ignatieff said.
"This is the old style of politics. We're in the middle of a serious economic crisis. This government needs to grow up and do its job properly."
Story here:
http://news.google.ca/news/url?sa=t&ct2=ca%2F0_0_s_2_0_t&usg=AFQjCNGfWCqesgJC7OI8czcfUSZYef3y8Q&cid=1348767844&ei=7Q0MSuCAH6GkM5zT9esD&rt=HOMEPAGE&vm=STANDARD&url=http%3A%2F%2Fwww.edmontonsun.com%2Fnews%2Fcanada%2F2009%2F05%2F14%2F9452496-sun.html
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Wednesday, May 13, 2009
Interesting lifestyle factoid
I don't have any information as to summer indoor temperatures but know that whole house air conditioning, now common, was a rarity in the 1960's.
How this softening of the indoor climate has affected society I cannot say -- but I feel sure there must be some effect.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Prisons -- The more things change
In 1831 a Select Committee of the House of Assembly of Upper Canada investigated the jails in what is now Ontario. They found, far from rehabilitating prisoners, they corrupted them. Persons awaiting trial or sentenced for minor offences were made hardened criminals by those they were forced to live with:
"Imprisonment in the common goals of the province is inexpedient and pernicious in the extreme, as there is not a sufficient classification or separation of the prisoners, so that a lad who is confined for a simple assault ... or even in suspicion of crimes ... may be kept for twelve months in company with murderers, thieves, robbers and burglars, and the most depraved characters in the province, and a man must know little of human nature indeed who can for a moment suppose that such evil communications will not corrupt good manners... . Gaols managed as most of ours are ... are seminaries kept at the public expense for the purpose of instructing His Majesty's subjects in vice and immorality, and for the propagation and increase of crime."
Change the language a touch so it sounds more modern and the very same words could be said today.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Conservative attack ads - Harper goes Gonzo
Well just watch the new Conservative attack ads -- they look like a solid B effort from a rather dull Grade 7 student.
Maybe they're looking for a gonzo effect???
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Negligent infliction of mental suffering
Today’s decision in Amaral v. Canadian Musical Reproduction Rights Agency Limited, 2009 ONCA 399 leaves open, again, whether there is an independent tort of negligent infliction of mental suffering . The Court writes:
[22] The trial judge said she had not been referred to any case in which the court has found negligent infliction of mental suffering as an independent actionable tort. In the cases to which reference was made where courts found that an employer owes a duty to employees to treat them fairly, with civility, decency, respect and dignity, the breach of that duty is a breach of the employment contract exposing the employer to a claim for constructive dismissal. All of the cases upon which the appellant relies were cases which included claims for wrongful dismissal, as was the case of Piresferreira v. Ayotte (2008), CanLII 67418 ( Ont. S.C.) released after the judgment in the case at bar. There is no case cited before this court which holds that an employee has a free-standing cause of action, in tort, for negligent infliction of mental suffering against his or her employer absent any allegations of breach of the contract of employment between the two.
[23] In this case it is not necessary to decide that issue. For the purpose of this appeal I assume without deciding, that such a duty does exist in law. Even so, in my view, the appellant cannot succeed in view of the factual findings made by the trial judge.
Alberta leads the way -- again
Calgary Herald
The Stelmach government says proposed legislation enabling it to sue tobacco manufacturers and criminals for health-care costs won't target booze companies or average citizens who smoke, drink and contribute to a poor lifestyle.
Alberta Health Minister Ron Liepert also rejected criticism Tuesday that Bill 48, Crown's Right of Recovery Act, would violate a convicted criminals' rights by possibly having them pay their own health tab if injured while committing an offence such as drunk driving.
...
Legal experts, meanwhile, have questioned a separate provision that would allow the government to retrieve health costs from convicted criminals injured while committing an offence.
Chris Levy, a law professor at the University of Calgary, has argued the section targeting criminals is purely" political gamesmanship."
Asking any patient to pay for medically necessary treatments violates the Canada Health Act, which means Alberta risks losing federal health transfer payments, Levy said this week.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Hate crimes -- good news
That said, it is curious that two-thirds of such crimes as continue to be committed, are committed against Jews, a trivial minority of the Canadian population.
From the Globe:
"There were 185 religiously-motivated incidents in 2007, down from 220 in 2006. There were fewer incidents targeting Jews and Muslims. Incidents against Jews continued to account for about two-thirds of all hate crimes motivated by religion. "
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Political abuse -- there's room to get worse
Certainly there is a significant political component to what's going on here.
That said, compared to historical times, the politics of today is tame. Look back to the early 1800's. It was common enough to accused political opponents of everything up to and including cannibalism. So, until we see Jack Layton accused of eating his enemies (say with fava beans and a nice chianti) we still have ways to go.
Finch Subway "suspicious package" -- yes I do read the comments
I was stopped at the Sheppard Subway, two stops south, and the place was swarming with police who muttered about a bomb. But on the radio -- nothing I heard -- and today the papers seem to have overlooked the story.
In the end, the suspicious package turned out to be nothing more than a knapsack with some tubes sticking out of it. The station was eventually declared safe and passengers were allowed to travel straight up the line around 5:15pm.
A major Toronto transport hub was closed for at least 5 hours yesterday -- because of a fear of a bomb -- and today silence? Maybe everyone feels silly because it was nothing but to my mind the whole thing is odd.
Tuesday, May 12, 2009
And from Don Martin on Ruby Dhalla
While poignant, there are nagging inconsistencies in the nannies' changing stories, doubts elevated by Ms. Dhalla, who produced documentation proving her family had hired sidewalk shovellers and medical clinic cleaners, which makes you wonder why the nannies would claim to have been ordered to perform those tasks.
And at the risk of sounding heartless, these caregivers are undoubtedly well aware their tearful display of victimization is a guaranteed get-into-Canada card for permanent residency status unless, of course, Ms. Dhalla becomes Immigration Minister in any future Liberal government."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
From Ivison on Mulroney
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Suspicious device at Finch?
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Finch Subway Station Closed For Police Investigation
Tuesday May 12, 2009
If your journey home on the subway involves getting to the Finch station, be prepared for a lot of traffic and disruption before getting to your stop. A police investigation has shut down the busy hub since the noon hour.
The station has been closed to passengers for hours because of something discovered down in the station itself. As a result, shuttle buses have been rolled out to transport passengers from Sheppard station and back.
That's causing the usual chaos at the terminals, as crowds of passengers look to find where they're supposed to go and the vehicles - which don't hold nearly as many people as a subway car - leave packed, with riders trying to complete their journeys.
It's not clear how much longer the blockage will last or when service will resume, but a TTC spokesperson tells CityNews.ca they plan to roll out even more buses for the afternoon rush.
The Finch station is already a busy place beyond just the subway - it's the spot where Vaughan and Go Transit buses connect to the TTC, making for even more travellers than normal stations on the Yonge-University line.
Officials remind riders this is beyond their control and they can't resume normal service until police give the all clear. So far, that hasn't come.
Modern law of costs
[8] Modern costs rules are designed to foster three fundamental purposes:
(1) to partially indemnify successful litigants for the cost of litigation;
(2) to encourage settlement; and
(3) to discourage and sanction inappropriate behaviour by litigants: Fong v. Chan (1999), 46 O.R. (3d) 330, at para. 22.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Poll results
Quebeckers are turning their backs on the federal Conservatives, according to a new poll that puts the party into single-digit-support levels for the first time since their 2006 election victory.
The survey for The Globe and Mail-CTV News also shows the Liberals have opened up a five-percentage-point lead across the country, up from a two-point spread last month. In Quebec, they lead the Tories by 28 points and are only slightly behind the Bloc Québécois.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Tamil Protests
Protest, yes, but lawfully
The Toronto Star
Tuesday, May 12, 2009
Page: A14
Section: Editorial
It is easy to understand why our Canadian Tamil community is so agitated these days. Back in their Sri Lanka homeland, their friends and relatives are being shelled and shot as the civil war there comes to a bloody end.
An estimated 50,000 Tamil civilians are trapped between the warring forces of the Sri Lankan army and the Liberation Tigers of Tamil Eelam. In what a UN spokesperson in Sri Lanka called a "bloodbath," hundreds of civilians were killed over the weekend, including many children. ...
The weekend events help to explain why Canadian Tamils hit the streets in protest on Sunday and succeeded in closing the Gardiner Expressway. In the process, however, they hugely inconvienced the general population and threatened public safety, thereby undermining any sympathy that the rest of us might have felt for their cause.
It may be argued that the protest worked, given that it was on the front pages and led the newscasts yesterday. As well, both the Liberals and New Democrats pressed the government in the House of Commons to pursue a ceasefire in Sri Lanka. "We simply can't stand by and watch this slaughter continue," said NDP Leader Jack Layton.
... .
It is unlikely, however, that continued illegal protests such as the one on the Gardiner will force Ottawa's hand. More likely, they will drive away what support the Canadian Tamils have in the political realm.
Liberal Leader Michael Ignatieff, who helped to broker an end to the Gardiner protest, made clear yesterday that he does not condone the protesters' tactics. "I urge Canadian Tamils to continue raising this issue publicly, and to give it the attention it deserves," said Ignatieff in a statement. "But I implore them to do so legally and safely, by working with their elected representatives and through legal means of protest, and not through demonstrations that put public safety at risk."
Ignatieff is surely right. We hope the Canadian Tamil community heeds his message.
Monday, May 11, 2009
Timing is everything
Don Martin in the Post:
"Two battles to salvage high-profile political reputations will begin simultaneously in Ottawa on Tuesday morning. Incredibly, the ancient fight by a former prime minister might be overshadowed by a pair of raging nannies."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Law and the disturbed
I got one today -- it went on for at least four typed pages.
These emails usually don't make a lot of sense. The one I received today is typical -- I read it over once, and again, and could not figure out what the concern was.
The email seemed to focus on the hearing judge's physical health -- something quite irrelevant.
So why did I trouble to read the email twice -- surely it was just the ramblings of the deranged?
Well, sometimes the deranged have suffered an injustice. Indeed, although my involvement has seldom proved happy, I have seen directly how the mentally unstable are more likely to be abused than others.
It's a bit like the old joke, "just because you're paranoid doesn't mean you don't have (real) enemies".
Today, though, I could not even figure out the complaint.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
"General Motors has no bad years, only good years and better years" -- Harlow H Curtice, President of General Motors - 1954
From the National Post online – the end of General Motors? How very strange – the certainties of my childhood – Eatons, General Motors, the whole brave new (post war) world – all going… . (At least we still have Star Trek).
“General Motors Corp. CEO Fritz Henderson … said a bankruptcy filing was probable, although he still hoped that its restructuring goals could be accomplished outside the court process.
"Certainly the task that we have in front of us is large, but we know that we can get it done," he said. "Today, it's more probable that we would need to resort to a bankruptcy process. But there's still a possibility and an opportunity for it to be done outside of a bankruptcy."
He also said a bankruptcy filing in the
…
Last week, Canadian Auto Workers president Ken Lewenza said a GM bankruptcy filing was likely and was facing a Friday deadline to reach a new deal with the Canadian subsidiary.”
Extension of time to appeal
Today’s decision in Mignacca v. Merck Frosst Canada Ltd., 2009 ONCA 393 is a good source for the law on granting an extension of the time to appeal. The Court writes:
[11] In considering whether to exercise its discretion to extend the time for the filing of a notice of appeal, a court generally considers the following factors:
1) whether the appellant formed an intention to appeal within the relevant period;
2) the length of the delay and explanation for the delay;
3) any prejudice to the respondent; and
4) the merits of the appeal.
The court also considers whether the justice of the case requires the granting of the extension: see Kefeli v. Centennial College of Applied Arts & Technology (2002), 23 C.P.C. (5th) 35 (Ont.
Statement from Liberal Leader Michael Ignatieff on yesterday's Tamil protest in Toronto
At no point did Liberal Members of Parliament or staff participate in yesterday's protest.
Our Party has raised, and will continue to raise, the plight of the Tamils in Sri Lanka in the House of Commons. We will continue to demand action by the Canadian government to address the humanitarian crisis in Sri Lanka.
But the Liberal Party of Canada stands firmly against terrorism, and I restate our unequivocal condemnation of the Liberation Tigers of Tamil Eelam.
I urge Canadian Tamils to continue raising this issue publicly, and to give it the attention it deserves. But I implore them to do so legally and safely, by working with their elected representatives and through legal means of protest, and not through demonstrations that put public safety at risk.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Word of the Day
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
University Blocked
TheStar.com - GTA - Tamils block University again
May 11, 2009 Star Staff
Dozens of Tamil protesters calling for intervention in the Sri Lanka civil war moved onto University Ave. this morning and are now blocking the southbound lanes between Dundas St. W. and Queen St. W.
Thousands of protesters shut down the Gardiner Expressway for more than six hours yesterday, and agreed to move from the freeway around midnight only after a representative in Liberal Leader Michael Ignatieff's office promised to bring up the demonstrators' cause in Parliament.
Sunday, May 10, 2009
E pluribus unum
Jessica Murphy
The Canadian Press
Sun, 10 May 2009
MONTREAL — If the proposed coalition of opposition parties had come to power last year it would have deeply and enduringly divided Canadians, says Michael Ignatieff.
...
"I'm in politics to unify people, not to divide them," Mr. Ignatieff said.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
A new view ... .

ADELAIDE, Australia - A zoo in Australia was evacuated today after an "ingenious" 137-pound orangutan short-circuited an electric fence and hopped a wall surrounding her enclosure.
The ape, a 27-year-old female named Karta, jammed a stick into wires connected to the fence and then piled up debris to climb a concrete and glass wall at the Adelaide Zoo.
Zoo curator Peter Whitehead says Karta sat on top of the fence for about 30 minutes before apparently changing her mind about the escape and climbing back into the enclosure.
Newspapers cut Mondays
I still buy a hard copy of the local papers but read out of town papers online.
Victoria Times Colonist to scrap Monday edition
The Canadian Press
VICTORIA — The Victoria Times-Colonist says it will cease printing a Monday edition, effective June 22.
A story published in the Saturday edition and on its website says businesses around the world are facing challenging times and the Times Colonist is not immune.
The newspaper says the cost of newsprint and staff salaries have presented the publication with unprecedented challenges as it begins its 151st year in the community.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
'Status Indians' face threat of extinction
http://www.thestar.com/printArticle/631974
In some communities, last children with historic rights will be born as early as 2012.






