Saturday, June 13, 2009
Lock em up and throw away the key!
Perhaps the Minister is unfamiliar with the Federal government study that shows incarceration in Canadian prisons has the effect of increasing rates of reoffending?
I am not keen on an election right now, but this politically based "law and order" agenda has to go.
Tories to end conditional sentences for property and serious crimes (Crime-Legislation)
Source: The Canadian Press
Jun 13, 2009 15:36
________________________________
TORONTO_ People who commit serious crimes like arson or kidnapping shouldn't be serving sentences from the comfort of their own homes, Justice Minister Rob Nicholson said Saturday.
To toughen up the law, he's planning to introduce legislation Monday that ends conditional sentences for perpetrators of property and serious crimes.
The move is another in a series of Conservative initiatives meant to tackle crime that's being put forward just as the session comes to a close, and so Nicholson couldn't say exactly when he hopes to see such a law passed.
But he made clear he believes too many offenders are being sentenced to house arrest, which doesn't reflect the severity of the crimes they commit.
``I always say to people there is a cost when people who should be detained aren't detained, that is a cost to society,'' Nicholson said at an announcement in Toronto.
``So the cost of incarceration is a cost that society and the system will bear.''
Nicholson argued that earlier legislation moved by the Tories to end conditional sentences was ``gutted'' by the opposition. Crimes like theft over $5000_ which includes most auto thefts_ robbery, arson, break-and-enters, home invasion, impaired driving causing bodily harm and kidnapping, were scratched.
He says the new legislation will make a wider-ranging list of offences ineligible for conditional sentences, which represent imprisonment of less than two years and often isn't actually served behind bars.
He couldn't provide more specific details, but said ``it'll go much farther than where we're at right now.''
Less serious offences, which pose low risk to the community, should be the only ones given a conditional sentence, he said.
Earlier this month Nicholson also moved to repeal the ``faint hope'' clause, which means that anyone convicted of first- or second-degree murder would no longer be able to apply for early parole.
The Minister says his numerous law-and-order announcements aim to ensure court sentences are meaningful and reflect the severity of the crime committed.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Prior consistent statements
As a general rule prior consistent statements are inadmissible. The fact someone repeats a story consistently does nothing to enhance the story's truth value.
An exception to this exclusion is made where there is an allegation of recent fabrication -- 'you just made that up' -- so that the witness can be shown to have not just concocted the story.
Friday's Supreme Court decision in R. v. Ellard, 2009 SCC 27 illustrates the rule:
[31] Having described the relevant context, the first issue is whether Ms. Bowles' prior statements were admissible through re-examination. It is true that prior consistent statements are presumptively inadmissible (R. v. Béland, [1987] 2 S.C.R. 398, at pp. 409-10, and R. v. Stirling, 2008 SCC 10, [2008] 1 S.C.R. 272, at para. 5). The rationale for excluding them is that repetition does not, and should not be seen to, enhance the value or truth of testimony. Because there is a danger that similar prior statements, particularly ones made under oath, could appear to be more credible to a jury, they must be treated with caution.
[32] Certain exceptions have nevertheless developed in the jurisprudence. In particular, where a party has made an allegation of recent fabrication, the opposing party can rebut the allegation by introducing prior statements made before the alleged fabrication arose, that are consistent with the testimony at trial. The allegation need not be express. It is enough if "in light of the circumstances of the case and the conduct of the trial, the apparent position of the opposing party is that there has been a prior contrivance" (Evans, at p. 643; see also R. v. Simpson, [1988] 1 S.C.R. 3, at p. 24).
[33] To be "recent", the fabrication need only have been made after the event testified about (Stirling, at para. 5). A mere contradiction in the evidence is not enough to engage the recent fabrication exception. However, a "fabrication" can include being influenced by outside sources (R. v. B. (A.J.), [1995] 2 S.C.R. 413). To rebut an allegation of recent fabrication, it is necessary to identify statements made prior to the existence of a motive or of circumstances leading to fabrication. In all cases, the timing of the prior consistent statements will be central to whether they are admissible.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Corrupt police in a foreign country
Clearly this could never happen here:
Drug Suspect Turns Tables on NYPD With Videotape
By THE ASSOCIATED PRESS
Published: June 13, 2009
Filed at 1:40 p.m. ET
NEW YORK (AP) -- When undercover detectives busted Jose and Maximo Colon last year for selling cocaine at a seedy club in Queens, there was a glaring problem: The brothers hadn't done anything wrong.
But proclaiming innocence wasn't going to be good enough. The Dominican immigrants needed proof.
''I sat in the jail and thought ... how could I prove this? What could I do?'' Jose, 24, recalled in Spanish during a recent interview.
As he glanced around a holding cell, the answer came to him: Security cameras. Since then, a vindicating video from the club's cameras has spared the brothers a possible prison term, resulted in two officers' arrest and become the basis for a multimillion-dollar lawsuit.
The officers, who are due back in court June 26, have pleaded not guilty, and New York Police Departmental Justice have downplayed their case.
But the drug corruption case isn't alone.
On May 13, another NYPD officer was arrested for plotting to invade a Manhattan apartment where he hoped to steal $900,000 in drug money. In another pending case, prosecutors in Brooklyn say officers were caught in a 2007 sting using seized drugs to reward a snitch for information. And in the Bronx, prosecutors have charged a detective with lying about a drug bust captured on a surveillance tape that contradicts her story.
Elsewhere, Philadelphia prosecutors dismissed more than a dozen drug and gun charges against a man last month when a narcotics officer was accused of making up information on search warrants.
The revelations in New York have triggered internal affairs inquiries, transfers of commanders and reviews of dozens of other arrests involving the accused officers. Many drug defendants' cases have been tossed out. Others have won favorable plea deals.
The misconduct ''strikes at the very heart of our system of justice and erodes public confidence in our courts,'' said Bronx District Attorney Robert Johnson.
Story here: http://www.nytimes.com/aponline/2009/06/13/us/AP-US-Vindicated-by-Video.html?pagewanted=1
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Iran's election
Looks like a pretty solid win. Disappointing but not very uncertain.
Iranian vote draws high turnout, but results in dispute
Josh Wingrove
From Saturday's Globe and Mail
Sat, 13 Jun 2009 01:30:41 EDT
Iran's elections agency and state media declared incumbent Mahmoud Ahmadinejad the winner of yesterday's presidential election, but his moderate opponent, Mir-Hossein Mousavi, appeared unwilling to accept the results and alleged "irregularities" among the millions of votes cast.
Voter turnout approached record levels yesterday as rural and traditional Iranians supported Mr. Ahmadinejad, 52, against Mr. Mousavi, his primary challenger and a former prime minister whose candidacy was built on strong support among youth and women voters.
Last night, Mr. Ahmadinejad was leading with 65 per cent of the 28 million counted votes, to Mr. Mousavi's 31 per cent, state officials said.
It was a blow to the dreams of the so-called "green tsunami" or Mr. Mousavi's supporters, named for his campaign colour, who hoped for greater liberties at home and an improved worldwide reputation for Iran. In Tehran, where educated and affluent voters were expected to flock to Mr. Mousavi, wait times at voting stations topped one hour. U.S. President Barack Obama said yesterday he saw the "possibility of change."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Iranian vote draws high turnout, but results in dispute
Josh Wingrove
From Saturday's Globe and Mail
Sat, 13 Jun 2009 01:30:41 EDT
Iran's elections agency and state media declared incumbent Mahmoud Ahmadinejad the winner of yesterday's presidential election, but his moderate opponent, Mir-Hossein Mousavi, appeared unwilling to accept the results and alleged "irregularities" among the millions of votes cast.
Voter turnout approached record levels yesterday as rural and traditional Iranians supported Mr. Ahmadinejad, 52, against Mr. Mousavi, his primary challenger and a former prime minister whose candidacy was built on strong support among youth and women voters.
Last night, Mr. Ahmadinejad was leading with 65 per cent of the 28 million counted votes, to Mr. Mousavi's 31 per cent, state officials said.
It was a blow to the dreams of the so-called "green tsunami" or Mr. Mousavi's supporters, named for his campaign colour, who hoped for greater liberties at home and an improved worldwide reputation for Iran. In Tehran, where educated and affluent voters were expected to flock to Mr. Mousavi, wait times at voting stations topped one hour. U.S. President Barack Obama said yesterday he saw the "possibility of change."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Weakness in Conservative party support
The new Nanos poll is suggestive -- not so much on party numbers globally as on the perception that Stephen Harper is a liability and not an asset to the Conservatives.
But who can replace him? The choice isn't all that obvious.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Friday, June 12, 2009
Another Flocke picture
One reader called them pointless -- to my mind that's the point! They are just fun ... .
Who will be the Stanley Cup hero tonight?
DETROIT -- Someone is going to be a hero.
That someone might not be the someone you'd think.
When the Detroit Red Wings and Pittsburgh Penguins take the ice tonight at Joe Louis Arena for Game 7 of the Stanley Cup final, there will be 18 skaters on each side.
Only one of them will score the Stanley Cup-winning goal.
The logical suspects would be Detroit's Henrik Zetterberg or Pavel Datsyuk, maybe even captain Nicklas Lidstrom.
If Pittsburgh gets it, you'd expect it to come from stick of either Sidney Crosby, Evgeni Malkin or Sergei Gonchar.
More than likely, though, it will not.
Defenceman Brian Rafalski is the only Red Wing with previous Game 7 experience in a Cup final series.
His New Jersey Devils blanked Anaheim 3-0 in the deciding game of the 2003 Cup final, but the hero was about as unlikely as they come:Mike Rupp, who had the game of his life in the biggest game of his life.
"He had a great game," Rafalski recalled of fourth-line winger.
Rupp's one-goal, two-assist performance, which included netting the Cup-winner, to date, the only playoff goal of Rupp's NHL career.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
That someone might not be the someone you'd think.
When the Detroit Red Wings and Pittsburgh Penguins take the ice tonight at Joe Louis Arena for Game 7 of the Stanley Cup final, there will be 18 skaters on each side.
Only one of them will score the Stanley Cup-winning goal.
The logical suspects would be Detroit's Henrik Zetterberg or Pavel Datsyuk, maybe even captain Nicklas Lidstrom.
If Pittsburgh gets it, you'd expect it to come from stick of either Sidney Crosby, Evgeni Malkin or Sergei Gonchar.
More than likely, though, it will not.
Defenceman Brian Rafalski is the only Red Wing with previous Game 7 experience in a Cup final series.
His New Jersey Devils blanked Anaheim 3-0 in the deciding game of the 2003 Cup final, but the hero was about as unlikely as they come:Mike Rupp, who had the game of his life in the biggest game of his life.
"He had a great game," Rafalski recalled of fourth-line winger.
Rupp's one-goal, two-assist performance, which included netting the Cup-winner, to date, the only playoff goal of Rupp's NHL career.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Right to counsel in impaired driving cases
Today’s decision in R. v. Devries, 2009 ONCA 477 is a clear holding regarding the right to counsel in impaired driving cases. The Court held:
[1] This appeal concerns the informational component of the right to counsel as described in s. 10(b) of the Charter. The parties have framed the issue in this way:
Is a police officer who arrests an individual at the roadside on an impaired driving charge required, when advising that person of the right to counsel, to tell the detainee that should he or she choose to consult counsel, that consultation will occur at the police station and not at the roadside?
[2] … I would hold that compliance with s. 10(b) does not necessarily require the officer to inform the detainee that should he or she choose to contact counsel, that contact will occur when the detainee is taken to the police station.
Canada -- HiTech or just resources?
Getting out of isotope production may be the right thing to do -- my sense is we should keep producing but I am prepared to be convinced otherwise.
That said, the debate goes back to the question of whether Canada is a resource based country, with some manufacturing, or if we are a nation that makes stuff.
There is no shame in being a farmer or a miner or drilling for oil. But most Canadians live in cities and it's hard to farm in a condo.
That said, the debate goes back to the question of whether Canada is a resource based country, with some manufacturing, or if we are a nation that makes stuff.
There is no shame in being a farmer or a miner or drilling for oil. But most Canadians live in cities and it's hard to farm in a condo.
Credit where credit is due
This is a good project and well deserves funding -- good for the Feds:
Minister Kenney Announces Support for Innovative Mentorship Project
TORONTO, ONTARIO (Marketwire) -- The Government of Canada is investing in an ambitious and groundbreaking project that will bring together young Somali-Canadians with established Jewish-Canadian mentors in an effort to improve cross-cultural understanding. Citizenship, Immigration and Multiculturalism Minister Jason Kenney made the announcement today.
The project, which will promote integration and foster the leadership skills of young people, will be supported by a federal grant of $473,640 to the Canadian International Peace Project (CIPP), the organization responsible for the Somali-Jewish Canadian Mentorship Project.
"The project is the first of its kind in Canada," said Minister Kenney. "It brings together leaders from a well-established community with the future leaders of a community that is striving for a more complete inclusion in Canadian society."
Over the course of the two-year project, 130 mentoring partnerships will be created between 18- to 25-year-old Somali-Canadians and Jewish-Canadian mentors. The role of the mentor is to assist the individual being mentored as he or she pursues educational and professional goals.
"The Somali-Jewish Canadian Mentorship Project brings two very different and diverse groups together to work towards building stronger communities," said Mark Persaud, CEO of the Canadian International Peace Project. "We are very proud of this project and we are very pleased to receive this support."
One of the long-term goals for this project is to establish a successful model for similar cross-cultural projects.
This funding has been provided through the Multiculturalism Program, which aims to facilitate and strengthen support for economic, social and cultural integration in Canada. These projects look at issues affecting ethnocultural and racial communities with the goal of fostering increased participation in society, while addressing issues such as discrimination and racism.
Minister Kenney Announces Support for Innovative Mentorship Project
TORONTO, ONTARIO (Marketwire) -- The Government of Canada is investing in an ambitious and groundbreaking project that will bring together young Somali-Canadians with established Jewish-Canadian mentors in an effort to improve cross-cultural understanding. Citizenship, Immigration and Multiculturalism Minister Jason Kenney made the announcement today.
The project, which will promote integration and foster the leadership skills of young people, will be supported by a federal grant of $473,640 to the Canadian International Peace Project (CIPP), the organization responsible for the Somali-Jewish Canadian Mentorship Project.
"The project is the first of its kind in Canada," said Minister Kenney. "It brings together leaders from a well-established community with the future leaders of a community that is striving for a more complete inclusion in Canadian society."
Over the course of the two-year project, 130 mentoring partnerships will be created between 18- to 25-year-old Somali-Canadians and Jewish-Canadian mentors. The role of the mentor is to assist the individual being mentored as he or she pursues educational and professional goals.
"The Somali-Jewish Canadian Mentorship Project brings two very different and diverse groups together to work towards building stronger communities," said Mark Persaud, CEO of the Canadian International Peace Project. "We are very proud of this project and we are very pleased to receive this support."
One of the long-term goals for this project is to establish a successful model for similar cross-cultural projects.
This funding has been provided through the Multiculturalism Program, which aims to facilitate and strengthen support for economic, social and cultural integration in Canada. These projects look at issues affecting ethnocultural and racial communities with the goal of fostering increased participation in society, while addressing issues such as discrimination and racism.
Election in Iran
Interesting piece from Al Jazeera. Although perhaps obvious, I am hoping for a Mousavi win. Of course, the radicals in Iran -- the ones threatening apocalyptic war, are not big fans of Mousavi:
Mousavi revives reformist vote
By Teymoor Nabili in Tehran
Mousavi, right, has campaigned on a reformist platform with his wife at his side
If Iran is indeed "a messianic, apocalyptic cult", as Binyamin Netanyahu, the Israeli prime minister, recently claimed, its government needs to seriously improve its brainwashing techniques.
Riding through Tehran with reformist presidential candidate Mir Hossein Mousavi in the small hours of Tuesday morning, through tens of thousands of his jubilant and apparently rational supporters, I found it impossible to see any evidence of the "country that glorifies blood and death, including its own self-immolation" that Netanyahu so fears.
Full story here: http://english.aljazeera.net/focus/2009/06/2009612102154262910.html
Judge conflicted by prior connection with civil matter
Is a judge who has some passing connection with a civil matter related to a subsequent criminal matter automatically debarred from hearing the criminal matter?
The Court of Appeal in R. c. Miljours, 2009 ONCA 472 says no:
Nous ne voyons aucun conflit d’intérêts de la part du juge de première instance. Le juge ne se souvenait même pas avoir brièvement traité le dossier concernant l’action civile de Lynn Biglow. C’est l’appelant qui a dû lui rafraîchir la mémoire lors du procès pénal. Le juge n’a pas traité le fond du dossier civil. L’appelant ne s’est jamais opposé ni a soulevé de question quant à l’impartialité du juge.
Flipflops or snowshoes?
For all the media complaining I'd far prefer a summer election to one in the dead of winter.
That said, is it time for a vote? We'll see soon enough.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Thursday, June 11, 2009
Police cannot commit a crime as their hearts are pure?
Now I am shocked.
Look at what the Windsor police chief is supposed to have said:
"The chief of the Windsor police force admits that his officers routinely ran background checks on potential jurors and denies there was any improper motive behind the practice.
Chief Gary Smith said the officers were trying to help prosecutors select "quality" juries in criminal trials.
...
The conduct of the Crown and police was described as "offensive" by Justice Bruce Thomas.
Despite the judge's criticisms, Chief Smith stressed his officers did nothing illegal. "For there to be a criminal offence, there has to be criminal intent. There's no criminal activity we know of," said the Windsor police chief."
There "has to be criminal intent"... .
It seems that the Chief has no understanding of Canadian law.
Criminal intent doesn't mean "I plan to be bad"; it means "I understand what I do". If an act is criminal (and the jury vetting may be; it certainly is illegal) it is criminal whether done for nefarious or noble purposes.
If I assault a 'bad' man to teach him a lesson it is still assault.
If I plant evidence to convict someone (I believe) who is guilty it's still obstructing justice.
If I rig a jury to convict someone (I believe) who is guilty it's still jury tampering.
What the Chief seems to say here is that the Windsor police were acting with the intent to do good and so, since the goal was honourable, no crime could be committed. It does suggest the Chief sees his officers as being beyond the law. Sort of a Robin Hood defence to highway robbery.
That a Chief of Police could be so ignorant of the law is surprising; that a Chief of Police could see his officers as being above the law (through purity of purpose) is shocking.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Look at what the Windsor police chief is supposed to have said:
"The chief of the Windsor police force admits that his officers routinely ran background checks on potential jurors and denies there was any improper motive behind the practice.
Chief Gary Smith said the officers were trying to help prosecutors select "quality" juries in criminal trials.
...
The conduct of the Crown and police was described as "offensive" by Justice Bruce Thomas.
Despite the judge's criticisms, Chief Smith stressed his officers did nothing illegal. "For there to be a criminal offence, there has to be criminal intent. There's no criminal activity we know of," said the Windsor police chief."
There "has to be criminal intent"... .
It seems that the Chief has no understanding of Canadian law.
Criminal intent doesn't mean "I plan to be bad"; it means "I understand what I do". If an act is criminal (and the jury vetting may be; it certainly is illegal) it is criminal whether done for nefarious or noble purposes.
If I assault a 'bad' man to teach him a lesson it is still assault.
If I plant evidence to convict someone (I believe) who is guilty it's still obstructing justice.
If I rig a jury to convict someone (I believe) who is guilty it's still jury tampering.
What the Chief seems to say here is that the Windsor police were acting with the intent to do good and so, since the goal was honourable, no crime could be committed. It does suggest the Chief sees his officers as being beyond the law. Sort of a Robin Hood defence to highway robbery.
That a Chief of Police could be so ignorant of the law is surprising; that a Chief of Police could see his officers as being above the law (through purity of purpose) is shocking.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Obama is a covert Canadian
The truth be told, we have a pretty good health care system in Canada.
I visited a friend in hospital recently.
He is basically penniless and yet he gets excellent care for a recent stroke -- the food is awful, but it's healthy and his rehab is also included.
Of course, if Florida has a proper medical insurance system will everyone move south??? (Just a note for dour commentators -- that last line is a joke; akin to the silly bumper sticker "My Canada includes Florida").
This Time, We Won't Scare
The New York Times
By NICHOLAS D. KRISTOF
Published: June 11, 2009
Perhaps you've seen those television commercials denouncing health care reform as a plot to create a Canadian-style totalitarian nightmare, and you feel a wee bit scared.
Back in the election campaign, some people spread rumors that Barack Obama might be a secret Muslim conspiring to impose Sharia law on us. That seems unlikely now, but what if he's a covert Canadian plotting to impose ... health care?
...
Diane Tucker, 59, is an American lawyer who moved to Vancouver, Canada, in 2006. Like everyone else there, she now pays the equivalent of just $49 a month for health care.
Then one day two years ago, Ms. Tucker was working on her office computer when she noticed that she was having trouble typing with her right hand.
"I realized my hand was numb, so I tried to stand up to shake it out," she remembered. "But I had trouble standing."
A colleague called 911, and an ambulance rushed her to the nearest hospital.
"An emergency room doctor met me at the door, and they took me straight upstairs to the CT scan," she recalled. A neurologist explained that she had suffered a stroke.
Ms. Tucker spent a week at the hospital. "The doctors were great, although there were also a couple of jerks," she said. "The nursing staff was wonderful."
Still, there were two patients to a room, and conditions weren't as opulent as at some American hospitals. "The food was horrible," she said.
Then again, the price was right. "They never spoke to me about money," she said. "Not when I checked in, and not when I left."
...
Ms. Tucker underwent three months of rehabilitation, including physical therapy several times a week. Again there was no charge, no co-payment.
Then, last year, Ms. Tucker fainted while on a visit to San Francisco, and an ambulance rushed her to the nearest hospital. But this was in the United States, so the person meeting her at the emergency room door wasn't a doctor.
"The first person I saw was a lady with a computer," she said, "asking me how I intended to pay the bill." Ms. Tucker did, in fact, have insurance, but she was told she would have to pay herself and seek reimbursement.
Nothing was seriously wrong, and the hospital discharged her after five hours. The bill came to $8,789.29.
Ms. Tucker has since lost her job in the recession, but she says she's stuck in Canada - because if she goes back to the United States, she will pay a fortune for private health insurance because of her history of a stroke. "I'm trying to find another job here," she said. "I want to stay here because of medical insurance."
Another advantage of the Canadian system, she says, is that it emphasizes preventive care. When a friend was diagnosed as being pre-diabetic, he was put in a free two-year program emphasizing an improved diet and lifestyle - and he emerged as no longer being prone to diabetes.
...
No doubt there are some genuine horror stories in Canada, as there are here in the United States.
But the bottom line is that America's health care system spends nearly twice as much per person as Canada's (building the wealth of hospital tycoons like Mr. Scott). Yet our infant mortality rate is 40 percent higher than Canada's, and American mothers are 57 percent more likely to die in childbirth than Canadian ones.
...
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Interpretation of contracts
Today's decision in Juol Sands Inc. v. Humberplex Developments Inc., 2009 ONCA 469 is a useful source for a standard principle of contract interpretation:
[21] In my view, where there are two possible interpretations that can be given to the words in question, the interpretation that is consistent with the language of the document when read as a whole ought to prevail. In Ventas, Inc. v. Sunrise Senior Living Real Estate Investment Trust (2007), 85 O.R. (3d) 254, at para. 24, the Court of Appeal stated the principle as follows:
(a) as a whole, in a manner that gives meaning to all of its terms and avoids an interpretation that would render one or more of its terms ineffective
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
[21] In my view, where there are two possible interpretations that can be given to the words in question, the interpretation that is consistent with the language of the document when read as a whole ought to prevail. In Ventas, Inc. v. Sunrise Senior Living Real Estate Investment Trust (2007), 85 O.R. (3d) 254, at para. 24, the Court of Appeal stated the principle as follows:
(a) as a whole, in a manner that gives meaning to all of its terms and avoids an interpretation that would render one or more of its terms ineffective
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Striking pleadings
Rule 60.12 provides that a court may strike a defence or dismiss a proceeding if there is a failure to comply with an interlocutory order.
The onus to show the pleading should be struck or dismissed lies with the moving party.
The onus to show the pleading should be struck or dismissed lies with the moving party.
"It is not for the appellant [here a party who had a defence that was struck] to demonstrate he had a good defence on the merits or to show why his defence should not be struck": Bell ExpressVu v Torroni (2009), 94 OR (3d) 614 para 34
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Forged endorsement and cheques
Yesterday’s Court of Appeal decision in Kholsa v. Korea Exchange Bank of Canada , 2009 ONCA 467 is important for counsel who may become involved, without fault, in a fraudulent mortgage transactions.
The respondent is a lawyer who acted for the purchaser in a real estate transaction in which a fraudster purported to sell to the purchaser the property owned by Paul Reviczky. On closing, the respondent delivered to the fraudster a cheque drawn on his trust account at the Royal Bank of
When the fraud came to light, the respondent sued the appellant bank to recover the amount of the cheque. He was granted summary judgment and the appellant bank appealed, arguing that the respondent, as a lawyer involved in the fraudulent transaction, was, with due diligence, in a better position to detect and prevent the fraud than the appellant bank, even though the respondent knew nothing of the fraud and even if he was not negligent. The Court of Appeal made it clear that argument would not work:
[5] First, this case is governed by Boma Manufacturing Ltd. v. Canadian Imperial Bank of Commerce (1996), 140 D.L.R. (4th) 463. In that case, the Supreme Court of Canada made clear that where a bank receives a cheque on which the payee’s endorsement has been forged and then collects it and pays out the proceeds to someone not rightfully entitled to possession of it, the collecting bank converts the cheque and is liable in tort to the drawer. That is exactly what happened in this case.
[6] Moreover, at paragraphs 34 and 35 of Boma, the court makes clear that the tort of conversion is one of strict liability. Thus, neither contributory negligence by the drawer nor his or her relative ability to discover the fraud are relevant. This reflects the policy of certainty that underpins the relevant provisions of the Bills of Exchange Act, R.S.C. 1985, c.B-4 (the Act).
[7] Nor can the appellant come within the protection of s. 165(3) of the Act, which protects holders in due course. Here the appellant received the cheque from the fraudster, who was not entitled to it. The cheque was therefore not “delivered” as required by the section and the appellant therefore did not become a holder in due course. See Boma, supra, at paragraphs 75 and 81.
[8] The appellant’s argument that it is entitled to take advantage of the “fictitious payee” protection provided by s. 20(5) of the Act must also fail. Here the respondent clearly intended Paul Reviczky, as the true owner of the property, to be the payee. The payee was therefore not fictitious within the meaning of that section. See Boma, supra, at paragraph 46.
[9] Finally, the defence of preclusion is not available to the appellant. Preclusion provides a very narrow defence that a bank can set up against its customer. See Nesbitt Burns Inc. v. Canada Trust Co. Mortgage (2000), 131 O.A.C. 85 (
Defeat Peter Kent, Bob Dechert and Paul Calandra
Great post on http://www.vijaysappani.com/
Defeat Peter Kent, Bob Dechert and Paul Calandra campaign
Posted by Vijay on June 11, 2009, at 12:41 am
I don't know when the next election will be but I do know that there are three seats in GTA that we want to take back from the Conservatives and I will be working on them on specific outreach campaign to ensure the defeat of Peter Kent, Bob Dechert and Paul Calandra. If you live in the riding or believe in the mission, join the team!
The easiest one is Bob Dechert. Bob Decher won with under 500 votes margin and did so only by increasing his margin by that number from the previous election. Omar lost around 3000 votes, people who didn't turn out to vote. This time around I think Omar will work hard and smart to get them out , but I will put my money to say that even those who switched to vote Conservative ware upset with Bob Dechert and will change next election.
I barely See Dechert in community events, but I also hear from many of his riding residents that they are not happy and will go back to Liberals. I think this should be a easy one and with the swing to the Liberals due to Ignatieff I can bet Omar can win a 2-3k margin.
Paul Calandra slightly different from Dechert. won with a margin of arond 600 votes, but increased votes by 3300 and Lui dropped around 3500 votes, a clear message that many Liberals voted Conservative in this mixed rural/urban riding. The riding profile has been changing with more Tamils, Hindus, Muslims moving in the south of the riding compared to the rural profile in the North. The Tamil community will come in full force to vote against Paul Calandra and even many Indian Hindus are not happy with the Conservatives. Ignatieff has done a fantastic job of reaching out to the mainstream Indo- Canadians and many of them who voted Conservative last time, have already come back to the Liberal family under Ignatieff leadership. So Paul will face serious challenges on many fronts that will add up to strengthen Lui. Lui is strong and reaching out very hard and I think the hard work of Lui and the failure to deliver by Paul will lead to a change in the riding again.
Peter Kent was a big loss to us for a variety of reasons and it will be the toughest of all the three. Peter gained nearly 15% and Liberals lost 13% for a difference of almost 5,000 votes. There is healing already in the Jewish community, but we have a long way to go. This is one riding that I will focus a lot of my energy going through lists, making calls and knocking doors and talking to everyone that I know in the riding. A lot will depend on who the Liberal candidate is going to be, but anyone with reasonable name recognition should be able to do well and win the seat back. We will pull in resources from other riding's in GTA and give a lesson or two to the Conservatives on outreach. I ain't revealing any tactics yet, but I will come out with the best to take this riding back. Peter Kent has been disappointing in his role especially Sri Lanka and the Conservatives will pay at the booth for their tall talks and failure to deliver. I agree this is not going to be easy, but we all need to work hard and very smart in finding out support , do the selling and bring them out on D- day.

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Soft on crime?
From Father de Souza's column today:
"Ignoring those who instinctively accuse critics of the justice system of being soft on crime (are critics of the health care system soft on disease?)"
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Help a charity and get a tax receipt
A charity I am involved with, supporting quality Jewish education, is having a Silent Auction with their gala dinner on Tuesday June 16 in Toronto.
If anyone has sports tickets, or other high end new items, that they would like to donate in exchange for a charitable tax receipt, please e-mail
gary@gladstoneconsulting.ca
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
If anyone has sports tickets, or other high end new items, that they would like to donate in exchange for a charitable tax receipt, please e-mail
gary@gladstoneconsulting.ca
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Wednesday, June 10, 2009
Hannah Montana single again
Not Seeing You Again
by Ryan Porter
Miley Cyrus and Justin Gaston are over, though Justin Gaston's name will live on for minutes to come.
The world is in mourning today after E! announced Miley Cyrus and her underwear model boyfriend have broken up. Miley, 16, has chosen to express her heartbreak via The Twitter.
For example, "why does saying good-bye hurt so much?" and "tears are words the heart can't express" and "we are all star dust. shine on." Someone really needs to get her away from Disney. Her 20-year-old ex, Justin Gaston, is also grieving in his own way. He tweeted, "Wii bowling with my dad." Poignant.
Amoral language and political discourse
One advantage, perhaps the only advantage, of being sick is the chance to catch up on reading.
And reading I came across a passage that has some relevance to the recent difficulties in political discourse. Although nearly 500 years old it expresses a real problem -- language that hides meaning rather than expresses meaning (consider 'interrogation technique' for 'torture').
Erasamus, in Lingua (1524), suggested that the mind, once language loses proper meaning, cannot judge its own "moral sickness... because we are damaged in the very part that enables us to judge. What remedy then could you apply to help a man who calls his insatiable acquisitiveness 'taking thought for the future' or his envy 'a passion for honour' or who ... covers up compulsive scurrility with the label of 'frankness'"
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Jury vetting
As I say in the article below from today's Toronto Star, it seems that some Crowns went too far trying to figure out what was in the jury pool. And that's wrong -- there must be a level playing field. That's why the AG has made it clear this conduct cannot continue. My sense is the jury vetting is fairly rare, but rare or not, it's wrong:
Secret juror screening spreads to Windsor
Lawyers demand action as mistrial shows practice isn't unique to Barrie
Jun 10, 2009 04:30 AM
Peter Small COURTS BUREAU
WINDSOR – A judge here has declared a mistrial in a murder case because the Crown had police do secret background checks on jurors – a development that has lawyers predicting a flood of defence challenges.
The ruling shows that the secret screening of potential jurors isn't confined to Barrie, which saw a recent mistrial and the dismissal of two jury panels last week.
Attorney General Chris Bentley said yesterday he still does not believe the practice is widespread.
But Greg Goulin, one of the defence counsel in the Windsor trial, predicted a rush of inquiries by members of the defence bar.
"There is no question that for every case under appeal, perhaps for every case where a jury sat, there's going to be probably letters going from the counsel that appeared in those cases to Crowns and prosecutors in those cases saying, `Did you vet the jury in this case?'" he told reporters.
...Bentley said yesterday that the province's chief prosecutor, John Ayre, has issued a directive to stop wide-ranging background checks and is phoning all Crowns' offices as a follow-up.
Where pre-existing lists of such broadly screened jurors do exist, Crowns are instructed to disclose them to the defence and "take whatever steps are necessary, including starting with a new panel," Bentley said in an interview.
In Windsor's Superior courthouse yesterday, after two months of hearing evidence in the first-degree murder trial of Richard Zoldi and Shane Huard, Ontario Superior Court Justice Bruce Thomas dismissed the jurors, informing them that he had declared a mistrial because of jury vetting. Thomas told jurors that he found the process in their case "to be offensive."
Under Canadian law, background checks on jurors are supposed to be conducted only for the most serious convictions. But among the comments written beside prospective jurors' names, provided to the Crown by a Windsor police detective, were "dislikes police."
Other jury candidates were cited as having criminal associates.
There were references to marijuana and other criminal charges (but not convictions), young offender records, provincial offence tickets, and people with conditional discharges or pardons for criminal offences.
The judge said he doubted that citizens who had dealings with the Windsor police contemplated that the Crown would be using their information when they were called up for jury duty.
Jury vetting beyond serious criminal checks has been condemned by critics as an invasion of privacy and, if not illegal, incorrect.
Under Canadian law, all Crown or defence counsel are supposed to know are the name, address and occupation of prospective jurors.
Under the Juries Act, the local court Sheriff must keep lists of jurors under "lock and key" until 10 days before jury selection.
But in three cases in Barrie challenged by defence counsel in recent weeks, the Crown has had the lists several weeks before jury selection and has been asking Ontario Provincial Police detachments and some local police forces in Simcoe County to conduct background checks on candidates.
...
The appeal is being watched closely by the attorney general's ministry and Ontario's information and privacy commissioner.
James Morton, a defence lawyer and past president of the Ontario Bar Association, said he believes that defence lawyers will now focus on this case more intensely and several will seek to re-examine old cases.
But he too said he does not believe the broad Crown-initiated jury screening is widespread. "It's not proper," he said.
Secret juror screening spreads to Windsor
Lawyers demand action as mistrial shows practice isn't unique to Barrie
Jun 10, 2009 04:30 AM
Peter Small COURTS BUREAU
WINDSOR – A judge here has declared a mistrial in a murder case because the Crown had police do secret background checks on jurors – a development that has lawyers predicting a flood of defence challenges.
The ruling shows that the secret screening of potential jurors isn't confined to Barrie, which saw a recent mistrial and the dismissal of two jury panels last week.
Attorney General Chris Bentley said yesterday he still does not believe the practice is widespread.
But Greg Goulin, one of the defence counsel in the Windsor trial, predicted a rush of inquiries by members of the defence bar.
"There is no question that for every case under appeal, perhaps for every case where a jury sat, there's going to be probably letters going from the counsel that appeared in those cases to Crowns and prosecutors in those cases saying, `Did you vet the jury in this case?'" he told reporters.
...Bentley said yesterday that the province's chief prosecutor, John Ayre, has issued a directive to stop wide-ranging background checks and is phoning all Crowns' offices as a follow-up.
Where pre-existing lists of such broadly screened jurors do exist, Crowns are instructed to disclose them to the defence and "take whatever steps are necessary, including starting with a new panel," Bentley said in an interview.
In Windsor's Superior courthouse yesterday, after two months of hearing evidence in the first-degree murder trial of Richard Zoldi and Shane Huard, Ontario Superior Court Justice Bruce Thomas dismissed the jurors, informing them that he had declared a mistrial because of jury vetting. Thomas told jurors that he found the process in their case "to be offensive."
Under Canadian law, background checks on jurors are supposed to be conducted only for the most serious convictions. But among the comments written beside prospective jurors' names, provided to the Crown by a Windsor police detective, were "dislikes police."
Other jury candidates were cited as having criminal associates.
There were references to marijuana and other criminal charges (but not convictions), young offender records, provincial offence tickets, and people with conditional discharges or pardons for criminal offences.
The judge said he doubted that citizens who had dealings with the Windsor police contemplated that the Crown would be using their information when they were called up for jury duty.
Jury vetting beyond serious criminal checks has been condemned by critics as an invasion of privacy and, if not illegal, incorrect.
Under Canadian law, all Crown or defence counsel are supposed to know are the name, address and occupation of prospective jurors.
Under the Juries Act, the local court Sheriff must keep lists of jurors under "lock and key" until 10 days before jury selection.
But in three cases in Barrie challenged by defence counsel in recent weeks, the Crown has had the lists several weeks before jury selection and has been asking Ontario Provincial Police detachments and some local police forces in Simcoe County to conduct background checks on candidates.
...
The appeal is being watched closely by the attorney general's ministry and Ontario's information and privacy commissioner.
James Morton, a defence lawyer and past president of the Ontario Bar Association, said he believes that defence lawyers will now focus on this case more intensely and several will seek to re-examine old cases.
But he too said he does not believe the broad Crown-initiated jury screening is widespread. "It's not proper," he said.
Sexy or not, let's fix the problem.
The use of 'sexy' is not really the issue -- the term, while not appropriate, was said in the context of a private meeting as part of actually fixing the problem.
Fixing a problem and getting credit is ok -- generally when I do a job I am doing it for a benefit (for me money but for a politician credit).
The problem isn't the language -- the problem is that the problem (sexy or not) didn't get fixed.
And so we face a shortage (which spreads worldwide) of necessary isotopes. This hurts Canadians and Canada's international reputation.
So, let's fix the problem and stop arguing over the language used to describe it.
From the Montreal Gazette
"The government does not seem to be able to recognize this catastrophe," François Lamoureux, president of the Quebec Association of Nuclear Medicine Specialists, told MPs on a Commons committee studying the 4-week-old medical isotope shortage. "First of all, they denied there was a crisis. Now it's described as sexy. How sad. How sad to be a Canadian."
The president of the Canadian Nuclear Medicine Association warned MPs that doctors were being forced to treat Canadian patients with 20-year-old technologies because of the isotope crisis.
"The announcement last month of the prolonged shutdown of the NRU reactor is a real catastrophe for the 2 million nuclear medicine patients in Canada but also for the credibility of the Canadian nuclear technology industry," CNMA president Dr. Jean-Luc Urbain said.
"The chronic and acute shortage of medical isotopes is neither a funny nor sexy story. It is a real drama that we have to live with our patients on a daily basis."
From the National on CBC
DR. CHRISTOPHER O'BRIEN (ONTARIO ASSOCIATION OF NUCLEAR MEDICINE):
We've been able at least to minimize disruptions, but it's a last-minute... it's almost as if we're only at the 11th hour deciding if we can do something or not.
KRISTA ERICKSON (REPORTER):
The government response? There are other ways to test.
LEONA AGLUKKAQ (MINISTER OF HEALTH):
There are other alternatives that are available, and over 50 percent of the uses of TC-99 are for heart scans. Thallium can be used as an alternative in many of these cases.
KRISTA ERICKSON (REPORTER):
But there's something about thallium the minister didn't mention. Doctors have been using it to test for heart disease during the shortage, but it too is now in short supply.
DR. CHRISTOPHER O'BRIEN (ONTARIO ASSOCIATION OF NUCLEAR MEDICINE):
One of our clinics south of here had to cancel two... three heart patients today because of insufficient supply of thallium.
KRISTA ERICKSON (REPORTER):
Doctors say this week will be the worst of the crisis so far with isotopes supplies reduced to about 35 percent of normal levels. They say patients should brace themselves for the cancellations they've been able to avoid until now. Krista Erickson, CBC News, Ottawa.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Urban myth?
I'm not sure if this is true but it makes sense and is helpful if correct (and it seems to be, at least on my car):
WHO KNEW THIS??? I have been driving for nearly 60yrs...
I would think I should have noticed the little secret on my dashboard that was staring me in the face the whole time..
I didn't...
and I bet you didn't either...
Have you ever rented or borrowed a car and when arriving at the gas station wondered...mmm, which side is the gas filler cap?
My normal solution was to stick my head out the window, strain my neck and look, try to see in the side mirrors or even get out of the car! Well ladies and gentlemen, I'm going to share with you my little secret so you will no longer look like Ace Ventura on your way to the gas station or put your neck at risk of discomfort or injury.
If you look at your gas gauge, you will see a small icon of a gas pump?
The handle of the gas pump will extend out on either the left or right side of the gas pump?
If your tank is on the left, the handle will be on the left.
If your tank is on the right, the handle will be on the right. It is that simple!
WHO KNEW THIS??? I have been driving for nearly 60yrs...
I would think I should have noticed the little secret on my dashboard that was staring me in the face the whole time..
I didn't...
and I bet you didn't either...
Have you ever rented or borrowed a car and when arriving at the gas station wondered...mmm, which side is the gas filler cap?
My normal solution was to stick my head out the window, strain my neck and look, try to see in the side mirrors or even get out of the car! Well ladies and gentlemen, I'm going to share with you my little secret so you will no longer look like Ace Ventura on your way to the gas station or put your neck at risk of discomfort or injury.
If you look at your gas gauge, you will see a small icon of a gas pump?
The handle of the gas pump will extend out on either the left or right side of the gas pump?
If your tank is on the left, the handle will be on the left.
If your tank is on the right, the handle will be on the right. It is that simple!
Tuesday, June 9, 2009
Chrysler sale goes ahead
In order to get an injunction you have to show (1) an arguable case (2) damages that cannot be compensated by damages and (3) that the balance of convenience favors the granting of the injunction. Here it seems the US SC denied the injunction on procedural grounds -- a failure of proof.
From NY Times
The United States Supreme Court declined Tuesday evening to hear a challenge to the Chrysler bankruptcy settlement, clearing the way for the sale of Chrysler's key assets to a group led by Fiat as soon as Wednesday morning.
The ruling was a setback to a group of three Indiana pension funds and several consumer groups that had objected to the terms and the handling of the Chrysler bankruptcy.
The refusal by the Supreme Court to revisit the matter, after two lower courts approved the sale, removes the uncertainty posed by a decision by Justice Ruth Bader Ginsburg on Monday to halt the deal pending further review.
In a two-page order issued late Tuesday, the Supreme Court said it had not made a decision on the merits of the appeal by the Indiana funds, who have protested the government's treatment of Chrysler's secured lenders. Instead, according to the order, the Indiana funds "have not carried the burden" of proving that the Supreme Court needed to intervene.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
From NY Times
The United States Supreme Court declined Tuesday evening to hear a challenge to the Chrysler bankruptcy settlement, clearing the way for the sale of Chrysler's key assets to a group led by Fiat as soon as Wednesday morning.
The ruling was a setback to a group of three Indiana pension funds and several consumer groups that had objected to the terms and the handling of the Chrysler bankruptcy.
The refusal by the Supreme Court to revisit the matter, after two lower courts approved the sale, removes the uncertainty posed by a decision by Justice Ruth Bader Ginsburg on Monday to halt the deal pending further review.
In a two-page order issued late Tuesday, the Supreme Court said it had not made a decision on the merits of the appeal by the Indiana funds, who have protested the government's treatment of Chrysler's secured lenders. Instead, according to the order, the Indiana funds "have not carried the burden" of proving that the Supreme Court needed to intervene.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
In response to some readers' comments, Yes, I read the Gomery Report
I suspect I am one of the only people who actually did...
Acknowledgement of debt
Today's brief decision in Middleton v. Aboutown Enterprises Inc., 2009 ONCA 466 deals with what amounts to an acknowledgement of debt.
While the standard is not one of perfection it is significant:
[1] We do not accept the motion judge's statement that to stand as an acknowledgment, the letter and Release would, "at a minimum, have to demonstrate and confirm the amount of the debt that remained owing". That said, we agree with his conclusion that the letter and unsigned Release, even when read in light of the share purchase agreement, did not constitute a clear and unequivocal acknowledgement of the debt claimed, with a proposal to satisfy it, as opposed to a mere offer to settle a claim, without acknowledging that $412,500 or indeed any amount remained owing in respect of the promissory note.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
While the standard is not one of perfection it is significant:
[1] We do not accept the motion judge's statement that to stand as an acknowledgment, the letter and Release would, "at a minimum, have to demonstrate and confirm the amount of the debt that remained owing". That said, we agree with his conclusion that the letter and unsigned Release, even when read in light of the share purchase agreement, did not constitute a clear and unequivocal acknowledgement of the debt claimed, with a proposal to satisfy it, as opposed to a mere offer to settle a claim, without acknowledging that $412,500 or indeed any amount remained owing in respect of the promissory note.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Let's be fair to Baird
In fairness to Baird, his comment, though intemperate, was made in an apparently private setting and in response to forms not being properly completed. Most of us have sworn in frustration while under stress -- not praiseworthy but hardly surprising and not really very newsworthy.
Canada's ruling Conservative party is facing yet another controversy over ministerial remarks.
The Toronto Star reports Tuesday that Transport Minister John Baird used the F word when referring to Toronto while speaking with aides in the media room at a meeting of the Federation of Canadian Municipalities in Whistler B.C., Monday.
The Star said Baird was speaking about the city's application for infrastructure funds which he said did not meet the technical criteria.
The newspaper quoted Baird as saying other municipalities got it right and Toronto was complaining.
"They should f— off," the newspaper quoted Baird.
The newspaper said Baird acknowledged the remarks when they were read back to him but also said his remarks were private because he did not realize he was in the media room.
Canada's ruling Conservative party is facing yet another controversy over ministerial remarks.
The Toronto Star reports Tuesday that Transport Minister John Baird used the F word when referring to Toronto while speaking with aides in the media room at a meeting of the Federation of Canadian Municipalities in Whistler B.C., Monday.
The Star said Baird was speaking about the city's application for infrastructure funds which he said did not meet the technical criteria.
The newspaper quoted Baird as saying other municipalities got it right and Toronto was complaining.
"They should f— off," the newspaper quoted Baird.
The newspaper said Baird acknowledged the remarks when they were read back to him but also said his remarks were private because he did not realize he was in the media room.
Raitt Follies -- What's Really Going On
OK, what’s really happening here?
A briefing book is accidentally left at news studio.
Then a voice recorder is accidentally left on and accidentally left behind in a bathroom where it comes into the hands of a reporter. The recorder is not picked up for four months though the reporter says “I have it, come and get it”.
When I leave a binder behind at a meeting I get the thing couriered over to me directly. It doesn’t cost very much. Leaving a voice recorder for four months makes no sense.
More to the point, who accidentally records private discussions with a Cabinet Minister? The idea these are just mistakes of a rookie on the Hill stretches the imagination waaaaay too far.
OK, what’s really happening here?
A briefing book is accidentally left at news studio.
Then a voice recorder is accidentally left on and accidentally left behind in a bathroom where it comes into the hands of a reporter. The recorder is not picked up for four months though the reporter says “I have it, come and get it”.
When I leave a binder behind at a meeting I get the thing couriered over to me directly. It doesn’t cost very much. Leaving a voice recorder for four months makes no sense.
More to the point, who accidentally records private discussions with a Cabinet Minister? The idea these are just mistakes of a rookie on the Hill stretches the imagination waaaaay too far.
Another tough day likely ahead for Lisa Raitt
Updated Tue. Jun. 9 2009
CTV.ca News Staff
More fireworks are expected Tuesday over comments made by Natural Resources Minister Lisa Raitt about the medical isotope shortage and her colleague Health Minister Leona Aglukkaq.
A recording of a conversation between Raitt and her former communications director Jasmine MacDonnell was left in a bathroom in the House of Commons and eventually fell into the hands of a reporter.
In the tape, Raitt can be heard calling the isotope shortage a "sexy" issue that will help score political points.
The tape also recorded Raitt criticizing Aglukkaq and her ministry's handling of the isotope file.
CTV's Ottawa Bureau Chief Robert Fife said the opposition parties are jumping on the opportunity to demand Raitt's resignation.
"Obviously the opposition parties are going to seize on this and try to bring the minister down on this particular issue," Fife told CTV's Canada AM.
"The prime minister is going to hang tough and we'll see the public reaction. There may be a significant-enough backlash that it might do enough damage for the prime minister to ask her to resign."
The recorded conversation took place in January, but the reporter who obtained it, Steve Maher, reportedly held off on listening to it until last week, when MacDonnell resigned after leaving sensitive documents at CTV's Ottawa bureau.
The paper won a court battle on Monday to publish the information.
"The judge says it wasn't a private conversation if you leave the tape machine in the bathroom in the House of Commons. He said this was an issue of bad bookkeeping, quite frankly," Fife said.
When Maher received the tape in January, he called MacDonnell to let her know he had it, but no one came to get it in the four months before the paper moved to publish the contents.
"Really they don't have anyone to blame and the judge agreed with the Halifax Chronicle, saying if you leave it in a public place don't claim it was a private conversation," Fife said.
A briefing book is accidentally left at news studio.
Then a voice recorder is accidentally left on and accidentally left behind in a bathroom where it comes into the hands of a reporter. The recorder is not picked up for four months though the reporter says “I have it, come and get it”.
When I leave a binder behind at a meeting I get the thing couriered over to me directly. It doesn’t cost very much. Leaving a voice recorder for four months makes no sense.
More to the point, who accidentally records private discussions with a Cabinet Minister? The idea these are just mistakes of a rookie on the Hill stretches the imagination waaaaay too far.
OK, what’s really happening here?
A briefing book is accidentally left at news studio.
Then a voice recorder is accidentally left on and accidentally left behind in a bathroom where it comes into the hands of a reporter. The recorder is not picked up for four months though the reporter says “I have it, come and get it”.
When I leave a binder behind at a meeting I get the thing couriered over to me directly. It doesn’t cost very much. Leaving a voice recorder for four months makes no sense.
More to the point, who accidentally records private discussions with a Cabinet Minister? The idea these are just mistakes of a rookie on the Hill stretches the imagination waaaaay too far.
Another tough day likely ahead for Lisa Raitt
Updated Tue. Jun. 9 2009
CTV.ca News Staff
More fireworks are expected Tuesday over comments made by Natural Resources Minister Lisa Raitt about the medical isotope shortage and her colleague Health Minister Leona Aglukkaq.
A recording of a conversation between Raitt and her former communications director Jasmine MacDonnell was left in a bathroom in the House of Commons and eventually fell into the hands of a reporter.
In the tape, Raitt can be heard calling the isotope shortage a "sexy" issue that will help score political points.
The tape also recorded Raitt criticizing Aglukkaq and her ministry's handling of the isotope file.
CTV's Ottawa Bureau Chief Robert Fife said the opposition parties are jumping on the opportunity to demand Raitt's resignation.
"Obviously the opposition parties are going to seize on this and try to bring the minister down on this particular issue," Fife told CTV's Canada AM.
"The prime minister is going to hang tough and we'll see the public reaction. There may be a significant-enough backlash that it might do enough damage for the prime minister to ask her to resign."
The recorded conversation took place in January, but the reporter who obtained it, Steve Maher, reportedly held off on listening to it until last week, when MacDonnell resigned after leaving sensitive documents at CTV's Ottawa bureau.
The paper won a court battle on Monday to publish the information.
"The judge says it wasn't a private conversation if you leave the tape machine in the bathroom in the House of Commons. He said this was an issue of bad bookkeeping, quite frankly," Fife said.
When Maher received the tape in January, he called MacDonnell to let her know he had it, but no one came to get it in the four months before the paper moved to publish the contents.
"Really they don't have anyone to blame and the judge agreed with the Halifax Chronicle, saying if you leave it in a public place don't claim it was a private conversation," Fife said.
Monday, June 8, 2009
I will defend anyone charged with anything
Today I heard a television talk show host speak about how crooked defence lawyers would take cases for money and twist them to have the guilty go free.
The perception is not uncommon.
Surely an honest lawyer would not, should not, take a case where the accused is guilty?
Actually, that's exactly what the honest lawyer should do.
I will defend anyone charged with anything (so long as I think I am technically able to argue the case).
Certainly there unscrupulous lawyers who will bend or break the rules for money. But there are not many like that practicing in criminal law; if money is your goal, don't become a criminal defence lawyer. Criminal law is not a lucrative field.
I assume most of my clients did, in fact, do what they were accused of doing. But my job isn't to decide their guilt -- my job is to give my clients the strongest defence possible. When I defend a robber I am defending the accused -- I am not defending robbery.
The righteous advocate is not tainted by the sins of those defended. In the same way, an honourable lawyer can advocate for the worst of criminals without taking on their crime.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The perception is not uncommon.
Surely an honest lawyer would not, should not, take a case where the accused is guilty?
Actually, that's exactly what the honest lawyer should do.
I will defend anyone charged with anything (so long as I think I am technically able to argue the case).
Certainly there unscrupulous lawyers who will bend or break the rules for money. But there are not many like that practicing in criminal law; if money is your goal, don't become a criminal defence lawyer. Criminal law is not a lucrative field.
I assume most of my clients did, in fact, do what they were accused of doing. But my job isn't to decide their guilt -- my job is to give my clients the strongest defence possible. When I defend a robber I am defending the accused -- I am not defending robbery.
The righteous advocate is not tainted by the sins of those defended. In the same way, an honourable lawyer can advocate for the worst of criminals without taking on their crime.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The precise nature of the"disparaging remarks" about Health Minister Leona Aglukkaq will be interesting.
Raitt describes isotope issue as "sexy" in taped conversation made public by judge
OTTAWA - Federal Conservatives hoping they had doused a raging political fire involving Lisa Raitt were rocked Monday by allegations that the natural resources minister was recorded while pouring scorn on a cabinet colleague.
Raitt's woes were compounded when New Democrats reignited a controversy over tens of thousands of dollars in questionable expenses the rookie minister racked up while as a senior executive with the Toronto Port Authority.
But in a case initially shrouded in secrecy, a former senior aide went to court in Nova Scotia to block a Halifax newspaper from publishing the contents of a tape recording which the Liberal opposition said contained "disparaging remarks" about Health Minister Leona Aglukkaq.
Justice Gerald Moir of the Nova Scotia Supreme Court dismissed Jasmine MacDonnell's application on Monday evening and revealed details of what is on the recording.
"In the recording minister Raitt and Ms. MacDonnell discuss in a critical manner the political skills of the federal health minister, the honourable Leona Aglukkaq, on the handling of the medical isotope issue. She also discussed her desire to receive credit for dealing with the medical isotope issue and expresses the view it is a sexy issue," he said in his judgment.
"They also discussed pressure placed on Liberal Leader Michael Ignatieff by major businesses to refrain from defeating the Conservative government."
Raitt describes isotope issue as "sexy" in taped conversation made public by judge
OTTAWA - Federal Conservatives hoping they had doused a raging political fire involving Lisa Raitt were rocked Monday by allegations that the natural resources minister was recorded while pouring scorn on a cabinet colleague.
Raitt's woes were compounded when New Democrats reignited a controversy over tens of thousands of dollars in questionable expenses the rookie minister racked up while as a senior executive with the Toronto Port Authority.
But in a case initially shrouded in secrecy, a former senior aide went to court in Nova Scotia to block a Halifax newspaper from publishing the contents of a tape recording which the Liberal opposition said contained "disparaging remarks" about Health Minister Leona Aglukkaq.
Justice Gerald Moir of the Nova Scotia Supreme Court dismissed Jasmine MacDonnell's application on Monday evening and revealed details of what is on the recording.
"In the recording minister Raitt and Ms. MacDonnell discuss in a critical manner the political skills of the federal health minister, the honourable Leona Aglukkaq, on the handling of the medical isotope issue. She also discussed her desire to receive credit for dealing with the medical isotope issue and expresses the view it is a sexy issue," he said in his judgment.
"They also discussed pressure placed on Liberal Leader Michael Ignatieff by major businesses to refrain from defeating the Conservative government."
Injunction denied
We'll know the facts soon!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Decision in Raitt tonight
Judge to rule tonight on injunction against Herald
By STEVE BRUCE Court Reporter
Mon. Jun 8 - 6:32 PM
A judge will rule this evening on whether The Chronicle Herald can publish a story involving the former communications director for federal Natural Resources Minister Lisa Raitt.
Jasmine MacDonnell, who resigned the position last week, was in Nova Scotia Supreme Court today seeking an injunction against a story by Stephen Maher, chief of the Herald's Ottawa bureau, that is ready to be published.
Justice Gerald Moir granted a temporary publication ban on the details of the hearing until he gives his decision tonight.
The hearing started shortly after 2 p.m. and went until about 4:50 p.m.
"Go enjoy a nice supper and I'll see you back here at 7 o'clock," Justice Moir said in reserving his decision.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Sad news
Office of the Hon. Irwin Cotler, P.C., O.C., M.P. (Mount Royal) Statement of the Hon. Irwin Cotler, on the passing of the Hon. Sheila Finestone – June 8, 2009
"Ariela and I, and our family, were very saddened to learn of Sheila's passing. She was a most devoted MP – a tireless worker – the welfare of whose constituents was always uppermost in her mind. She knew every 'cartier' of this increasingly multi-cultural constituency– she was a natural choice for Secretary of State for multiculturalism and the status of women – and reflected and represented the cases and causes of her constituents in an exemplary manner.
After her appointment to the Senate in August 1999, she continued her indefatigable work and I was the beneficiary of having a former MP of this riding with whom I could join together in common cause. We extend our deepest condolences to her family.
May we be inspired by her memory and may that memory serve as a blessing for us all."
Irwin Cotler
Mount Royal
June 8, 2009
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
"Ariela and I, and our family, were very saddened to learn of Sheila's passing. She was a most devoted MP – a tireless worker – the welfare of whose constituents was always uppermost in her mind. She knew every 'cartier' of this increasingly multi-cultural constituency– she was a natural choice for Secretary of State for multiculturalism and the status of women – and reflected and represented the cases and causes of her constituents in an exemplary manner.
After her appointment to the Senate in August 1999, she continued her indefatigable work and I was the beneficiary of having a former MP of this riding with whom I could join together in common cause. We extend our deepest condolences to her family.
May we be inspired by her memory and may that memory serve as a blessing for us all."
Irwin Cotler
Mount Royal
June 8, 2009
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
CP Story provides some details from Nova Scotia
The story is slowly oozing out
Raitt reportedly criticizes colleague on tape
By THE CANADIAN PRESS
OTTAWA — Natural Resources Minister Lisa Raitt reportedly makes "disparaging remarks" about a cabinet colleague in a tape recording that is part of court fight in Halifax.
The Halifax Chronicle-Herald newspaper is in court fighting an attempt to block it from publishing details of the recording.
Details of the case are under wraps for the moment, but Liberal MP David McGuinty told the House of Commons that Raitt reportedly describes Health Minister Leona Aglukkaq in the tape as "not very competent."
"The minister has a opportunity to tell us more about this," McGuinty said Monday, asking Raitt to state "loud and clear and unequivocally" that his information was untrue.
Justice Minister Rob Nicholson rose to answer for Raitt, re-stating the government's position that it was not a party to the court action in Nova Scotia.
Sources said Raitt's former press secretary, Jasmine MacDonnell, is seeking an injunction to keep the tape from becoming public.
They said the tape was left on accidentally after recording an interview with journalists, and captured private comments by Raitt.
The NDP demanded to know who is paying MacDonnell's lawyer.
McGuinty said the internal squabbling is undermining the confidence of Canadians at a time when the shutdown of the Chalk River, Ont., nuclear reactor is creating a shortage of medical isotopes.
Raitt reportedly criticizes colleague on tape
By THE CANADIAN PRESS
OTTAWA — Natural Resources Minister Lisa Raitt reportedly makes "disparaging remarks" about a cabinet colleague in a tape recording that is part of court fight in Halifax.
The Halifax Chronicle-Herald newspaper is in court fighting an attempt to block it from publishing details of the recording.
Details of the case are under wraps for the moment, but Liberal MP David McGuinty told the House of Commons that Raitt reportedly describes Health Minister Leona Aglukkaq in the tape as "not very competent."
"The minister has a opportunity to tell us more about this," McGuinty said Monday, asking Raitt to state "loud and clear and unequivocally" that his information was untrue.
Justice Minister Rob Nicholson rose to answer for Raitt, re-stating the government's position that it was not a party to the court action in Nova Scotia.
Sources said Raitt's former press secretary, Jasmine MacDonnell, is seeking an injunction to keep the tape from becoming public.
They said the tape was left on accidentally after recording an interview with journalists, and captured private comments by Raitt.
The NDP demanded to know who is paying MacDonnell's lawyer.
McGuinty said the internal squabbling is undermining the confidence of Canadians at a time when the shutdown of the Chalk River, Ont., nuclear reactor is creating a shortage of medical isotopes.
More mystery in Nova Scotia
Who is the applicant? What are the comments and who is the other cabinet member? (the web is full of suggestions but it's probably slanderous to repeat them so I won't). Perhaps more to the point why was someone taping a discussion between a cabinet minister and her staff -- was it the staffer and if so why did the staffer feel it necessary? -- was it the cabinet minister and if so why? -- if it was someone else... oy!
Court hearing begins over Raitt audiotape
Last Updated: Monday, June 8, 2009 2:45 PM ET
A Nova Scotia court began hearing an argument on Monday to block the Halifax Chronicle-Herald from publishing a story about an audio recording involving federal Natural Resources Minister Lisa Raitt.
A publication ban has been put in place on the arguments before the judge.
The Chronicle-Herald has not reported anything on its website. The paper's Parliament Hill reporter, Steve Maher, has declined to comment.
Dimitri Soudas, a spokesman for Prime Minister Stephen Harper, said the federal government has no involvement in Monday's Halifax court hearing and would not comment on the case.
The Conservative party also said it was not involved in the injunction, the CBC's Rosemary Barton said.
The CBC has hired a lawyer to try to get access to the tape.
In the audio recording, Raitt reportedly makes comments about her portfolio and a cabinet colleague. The nature of the comments and the way in which the paper obtained the recording remain unclear.
Court hearing begins over Raitt audiotape
Last Updated: Monday, June 8, 2009 2:45 PM ET
A Nova Scotia court began hearing an argument on Monday to block the Halifax Chronicle-Herald from publishing a story about an audio recording involving federal Natural Resources Minister Lisa Raitt.
A publication ban has been put in place on the arguments before the judge.
The Chronicle-Herald has not reported anything on its website. The paper's Parliament Hill reporter, Steve Maher, has declined to comment.
Dimitri Soudas, a spokesman for Prime Minister Stephen Harper, said the federal government has no involvement in Monday's Halifax court hearing and would not comment on the case.
The Conservative party also said it was not involved in the injunction, the CBC's Rosemary Barton said.
The CBC has hired a lawyer to try to get access to the tape.
In the audio recording, Raitt reportedly makes comments about her portfolio and a cabinet colleague. The nature of the comments and the way in which the paper obtained the recording remain unclear.
What’s happening in a Nova Scotia courtroom?
Apparently there is a sequel to Cabinet Minister Lisa Raitt's misplaced nuclear-sensitive documents - and there is an injunction ongoing now to prevent The Halifax Herald from telling it.
News reports say a Herald reporter listened to a tape that was recorded by Jasmine MacDonnell, the Nova Scotian who resigned as Raitt's press secretary after Atomic Energy of Canada documents were left at the bureau of CTV - which broke the story last week.
What’s on the tape has been suggested on line but it’s not clear that the suggestions are real – regardless, someone wants the tape kept secret.
Stay tuned ...
News reports say a Herald reporter listened to a tape that was recorded by Jasmine MacDonnell, the Nova Scotian who resigned as Raitt's press secretary after Atomic Energy of Canada documents were left at the bureau of CTV - which broke the story last week.
What’s on the tape has been suggested on line but it’s not clear that the suggestions are real – regardless, someone wants the tape kept secret.
Stay tuned ...
But were they in North Korea?
If they were you can understand why the North Koreans might assume Americans entering the country secretly could have hostile intent.
They should be returned without sentence but the North Korean decision is not irrational.
SANG-HUN
Published: June 09, 2009
SEOUL, South Korea - With the Obama administration signaling a tougher response toward Pyongyang after weeks of growing tension, North Korea's highest court on Monday sentenced two American journalists to 12 years of hard labor, dramatically raising the stakes in its confrontation with the United States.
The sentencing introduced yet one more imponderable factor into Washington's stand-off with North Korea over its nuclear ambitions. The court's decision came as the United States displays increasing impatience with what President Obama has called Pyongyang's "extraordinarily provocative" behavior in recent weeks. For its part, the North Korean leadership has shown no sign of backing away from its taunts and challenges directed at the United States and its regional allies.
"This is a high-stakes poker game," said Bill Richardson, the governor of New Mexico who as a congressman helped negotiate the release of American citizens held in North Korea in the 1990s. He was speaking on NBC's "Today" show and called the sentence "harsher than expected."
North Korea's Central Court convicted the two Americans, Laura Ling and Euna Lee, of "committing hostilities against the Korean nation and illegal entry," the North's official news agency, KCNA, said in a report monitored in Seoul.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
They should be returned without sentence but the North Korean decision is not irrational.
SANG-HUN
Published: June 09, 2009
SEOUL, South Korea - With the Obama administration signaling a tougher response toward Pyongyang after weeks of growing tension, North Korea's highest court on Monday sentenced two American journalists to 12 years of hard labor, dramatically raising the stakes in its confrontation with the United States.
The sentencing introduced yet one more imponderable factor into Washington's stand-off with North Korea over its nuclear ambitions. The court's decision came as the United States displays increasing impatience with what President Obama has called Pyongyang's "extraordinarily provocative" behavior in recent weeks. For its part, the North Korean leadership has shown no sign of backing away from its taunts and challenges directed at the United States and its regional allies.
"This is a high-stakes poker game," said Bill Richardson, the governor of New Mexico who as a congressman helped negotiate the release of American citizens held in North Korea in the 1990s. He was speaking on NBC's "Today" show and called the sentence "harsher than expected."
North Korea's Central Court convicted the two Americans, Laura Ling and Euna Lee, of "committing hostilities against the Korean nation and illegal entry," the North's official news agency, KCNA, said in a report monitored in Seoul.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Horses to be blown up in attack on Israel
Violent attacks on Israel are all too common but an attack attempted today strikes a new low.
A group of gunmen in Gaza tried to infiltrate Israel this morning. Not only were they armed and covered in explosive devices, but they also booby trapped a group of 5 horses.
They planned to detonate the devices on the horses at a fence, run across into Israel and kidnap soldiers. Israel thwarted the attack. But – this is the first time we are seeing animals used like this.
Somehow the use of animals in this way strikes a chord. Killing people is wrong; killed animals this way is just twisted.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
A group of gunmen in Gaza tried to infiltrate Israel this morning. Not only were they armed and covered in explosive devices, but they also booby trapped a group of 5 horses.
They planned to detonate the devices on the horses at a fence, run across into Israel and kidnap soldiers. Israel thwarted the attack. But – this is the first time we are seeing animals used like this.
Somehow the use of animals in this way strikes a chord. Killing people is wrong; killed animals this way is just twisted.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
$4.00 rooms
The Royal York opened in Toronto 80 years ago. Rooms had private baths. But they cost $4.00 a night -- expensive!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Sunday, June 7, 2009
Tokyo
Odd how lines repeat in your head -- this passage keeps "ringing like a fire alarm" in my mind:
Dragon of good fortune struggles with trickster fox
Energy and patience and the power of the buck
Tonight I'm flying headlong
To meet the dark red edge of dawn
I know somebody will be crying
And somebody will be gone
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