While Obama is right that Africa needs better government it is a bit much of him to say that he is specially entitled to say so because he has the "blood of Africa" in him. Yes, his Dad did come from Africa but the President is very American. I might suggest that Ireland needs better government (not that it does) but I'd hardly pitch that by saying the "blood of Ireland" runs through me.
Obama urges good governance in AfricaIn his first visit to sub-Saharan Africa since taking office in January, U.S. President Barack Obama on Saturday encouraged people in Ghana and elsewhere on the continent to seize opportunities for peace, prosperity and good governance.
Obama deployed a riff on his presidential campaign slogan, saying "Yes, you can," as he urged young people to build a better society in a speech to Ghana's parliament.
"You have the power to make your leaders accountable and to build institutions that serve the people," he said. "You can serve in your communities and harness your energy and education to create new wealth and build new connections to the world."
Obama said good governance is the "the ingredient which has been missing in far too many places, for far too long."
"That is the change that can unlock Africa's potential," he said.
"We must start from the simple premise that Africa's future is up to Africans," the U.S. president said. "I say this knowing full well the tragic past that has sometimes haunted this part of the world. I have the blood of Africa within me, and my family's own story encompasses both the tragedies and triumphs of the larger African story."
Saturday, July 11, 2009
Assimilate!!!
This story could be read a couple of ways. If it merely suggests immigrants ought to recognise and belong to Canada then fine:
Immigrants have 'duty to integrate': Kenney
Calgary Herald
CALGARY — Immigration Minister Jason Kenney said Friday he wants more immigrants in Canada to learn one of the country's official languages and expects them to better integrate into Canadian society.
In Calgary to announce $9.5 million in funding for language training programs in the city, Kenney said the government expects all immigrants to speak French or English if they are to become Canadian citizens. Currently, only a quarter of them are taking advantage of government-funded language courses — even though it's a "critical pathway to success in Canada," he said.
"Newcomers have a right to be different, but a duty to integrate. They also have to take the initiative," Kenney told reporters at the Calgary Immigrant Educational Society.
"Our new focus is on integration. We don't want to create a bunch of silo communities, where kids grow up in a community that more resembles their parents' country of origin than Canada," he said.
"We want people to be Canadians first and foremost, to be proud of and maintain their own tradition and heritage, but not at the price of developing Canadian identity."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Immigrants have 'duty to integrate': Kenney
Calgary Herald
CALGARY — Immigration Minister Jason Kenney said Friday he wants more immigrants in Canada to learn one of the country's official languages and expects them to better integrate into Canadian society.
In Calgary to announce $9.5 million in funding for language training programs in the city, Kenney said the government expects all immigrants to speak French or English if they are to become Canadian citizens. Currently, only a quarter of them are taking advantage of government-funded language courses — even though it's a "critical pathway to success in Canada," he said.
"Newcomers have a right to be different, but a duty to integrate. They also have to take the initiative," Kenney told reporters at the Calgary Immigrant Educational Society.
"Our new focus is on integration. We don't want to create a bunch of silo communities, where kids grow up in a community that more resembles their parents' country of origin than Canada," he said.
"We want people to be Canadians first and foremost, to be proud of and maintain their own tradition and heritage, but not at the price of developing Canadian identity."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
"Less Bad" is the new "Good"
The Post suggests these figures show something positive -- I'm not so sure -- if you lose your job it's harder now to get a new one. Wether it's a Canadian or worldwide issue, it's still bad news:
OTTAWA -- Canada's economy lost 7,400 jobs in June - far less than expected - even as the country continued to struggle through an economic downturn.
The unemployment rate rose to 8.6 per cent - an 11-year high - from 8.4 per cent in May, Statistics Canada said Friday.
[...] Most economists had expected 35,000 job losses in June, with the unemployment rate rising to 8.7 per cent.
OTTAWA -- Canada's economy lost 7,400 jobs in June - far less than expected - even as the country continued to struggle through an economic downturn.
The unemployment rate rose to 8.6 per cent - an 11-year high - from 8.4 per cent in May, Statistics Canada said Friday.
[...] Most economists had expected 35,000 job losses in June, with the unemployment rate rising to 8.7 per cent.
Same sex marriage and marriage commissioners
"It makes no sense to allow civil servants, such Saskatchewan's marriage commissioners, to "opt out" of their duties, such as marrying same-sex couples, on religious grounds—because, duh, their positions have nothing to do with religion. For us, the dead-giveaway that this is just cheap pandering to social conservatives is that it only focuses on same-sex marriage and religion. If it was really about choice, why not simply allow marriage commissioners to "opt out" of marrying anyone for any reason?"
Full Pundit
Full Pundit
Friday, July 10, 2009
Michael Jackson's children
The Romans knew that your parents are determined by who raised you.
Canadian family law treats as a parent someone who acted as a parent (a bit over simplified, it varies from province to province).
The Bible often enough speaks of G-d as a father, though without suggestion of biological descent: see, for example, John 15:16.
Michael Jackson's kids know who their father was. That's enough.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Today's Supreme Court of Canada decision in Greater Vancouver Transportation Authority v. Canadian Federation of Students — British Columbia Component, 2009 SCC 31provides helpful guidance on the limits to freedom of expression and limits thereon.
(I note the decision is clear authority that Ontario Court of Justice decisions suggesting the Charter does not apply to municipalities are in error).
A summary follows:
The appellant transit authorities, the Greater Vancouver Transportation Authority ("TransLink") and British Columbia Transit ("BC Transit"), operate public transportation systems in British Columbia. They refused to post the respondents' political advertisements on the sides of their buses on the basis that their advertising policies permit commercial but not political advertising on public transit vehicles. The respondents commenced an action alleging that articles 2, 7 and 9 of the transit authorities' policies had violated their right to freedom of expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The trial judge dismissed the action, finding that the respondents' right to freedom of expression had not been infringed. The majority of the Court of Appeal reversed the trial judgment and declared articles 7 and 9 of the advertising policies to be of no force or effect either on the basis of s. 52(1) of the Constitution Act, 1982 or on the basis of s. 24(1) of the Charter.
Held: The appeal should be dismissed.
Both BC Transit and TransLink are "government" within the meaning of s. 32 of the Charter. On the face of the provision, the Charter applies not only to Parliament, the legislatures and the government themselves, but also to all matters within the authority of those entities. BC Transit is a statutory body designated by legislation as an "agent of the government" and it cannot operate autonomously from the provincial government, since the latter has the power, by means of regulations, to exercise substantial control over its day‑to‑day activities. Although TransLink is not an agent of the government, it is substantially controlled by a local government entity — the Greater Vancouver Regional District — and is therefore itself a government entity. Since the transit authorities are government entities, the Charter applies to all their activities, including the operation of the buses they own.
The s. 2(b) claim should not be resolved using the Baier framework. The transit authorities' policies do not prevent the respondents from using the advertising service as a means of expression. Only the content of their advertisements is restricted. Thus, their claim cannot be characterized as one against underinclusion. Nor can it be characterized as a positive right claim. The respondents are not requesting that the government support or enable their expressive activity by providing them with a particular means of expression from which they are excluded. They seek the freedom to express themselves — by means of an existing platform they are entitled to use — without undue state interference with the content of their expression.
In order to determine whether the expression should be denied s. 2(b) protection on the basis of location, the City of Montréal framework should be applied. This inquiry leads to the conclusion that the transit authorities' policies infringe the respondents' freedom of expression. The proposed advertisements have expressive content that brings them within the prima facie protection of s. 2(b), and the location of this expression — the sides of buses — does not remove that protection. Not only is there some history of use of this property as a space for public expression, but there is actual use — both of which indicate that the expressive activity in question neither impedes the primary function of the bus as a vehicle for public transportation nor, more importantly, undermines the values underlying freedom of expression. The space allows for expression by a broad range of speakers to a large public audience and expression there could actually further the values underlying s. 2(b). The side of a bus is therefore a location where expressive activity is protected by s. 2(b) of the Charter. Finally, the very purpose of the impugned policies is to restrict the content of expression in the advertising space on the sides of buses. The wording of articles 2 and 7 clearly limits the content of advertisements. Article 9 is even more precise in excluding political speech.
The limits resulting from the policies are "limits prescribed by law" within the meaning of s. 1 of the Charter. Where a government policy is authorized by statute and sets out a general norm or standard that is meant to be binding and is sufficiently accessible and precise, the policy is legislative in nature and constitutes a limit that is "prescribed by law". Here, a review of the enabling legislation suggests that the transit authorities' policies were adopted pursuant to statutory powers conferred on BC Transit and TransLink. Where a legislature has empowered a government entity to make rules, it seems only logical, absent evidence to the contrary, that it also intended those rules to be binding. The policies are not administrative in nature, as they are not meant for internal use as an interpretive aid for "rules" laid down in the legislative scheme. Rather, the policies are themselves rules that establish the rights of the individuals to whom they apply. Moreover, the policies can be said to be general in scope, since they establish standards which are applicable to all who want to take advantage of the advertising service rather than to a specific case. They therefore fall within the meaning of the word "law" for the purposes of s. 1 and satisfy the "prescribed by law" requirement as the transit authorities' advertising policies are both accessible and worded precisely enough to enable potential advertisers to understand what is prohibited.
The limits resulting from the policies are not justified under s. 1 of the Charter. The policies were adopted for the purpose of providing "a safe, welcoming public transit system" and this is a sufficiently important objective to warrant placing a limit on freedom of expression. However, the limits on political content imposed by articles 2, 7 and 9 are not rationally connected to the objective. It is difficult to see how an advertisement on the side of a bus that constitutes political speech might create a safety risk or an unwelcoming environment for transit users. Moreover, the means chosen to implement the objective was neither reasonable nor proportionate to the respondents' interest in disseminating their messages pursuant to their right under s. 2(b) of the Charter. The policies amount to a blanket exclusion of a highly valued form of expression in a public location that serves as an important place for public discourse. They therefore do not constitute a minimal impairment of freedom of expression. Advertising on buses has become a widespread and effective means for conveying messages to the general public. In exercising their control over such advertising, the transit authorities have failed to minimize the impairment of political speech, which is at the core of s. 2(b) protection. To the extent that articles 2, 7 and 9 prohibit political advertising on the sides of buses, they place an unjustifiable limit on the respondents' right under s. 2(b) of the Charter.
With respect to remedy, the transit authorities' policies clearly come within the meaning of "law" for the purposes of s. 52(1) of the Constitution Act, 1982. The transit authorities used their delegated rule‑making power to adopt policies which unjustifiably limited the respondents' freedom of expression. Those policies are binding rules of general application that establish the rights of members of the public who seek to advertise on the transit authorities' buses. Since ensuring the largest numbers of potential claimants and beneficiaries of a constitutional challenge is in keeping with the spirit of the supremacy of the Charter, the appropriate remedy for an invalid rule of general application is one under s. 52(1) of the Constitution Act, 1982, and not s. 24(1) of the Charter. As the transit authorities' advertising policies are "law" within the meaning of s. 52(1) of the Constitution Act, 1982, they are therefore declared of no force or effect to the extent of their inconsistency.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Harper's mistake
It was inappropriate for Stephen Harper to use the G8 summit for Canadian political purposes.
If readers will recall, at the G8 summit in Italy, Prime Minister Stephen Harper apologised for attacking Liberal Leader Michael Ignatieff for comments falsely attributed to him suggesting Canada's irrelevance in the G8.
It seems that such an attack at an international forum is unprecedented. More to the point it is another example of Stephen Harper being partisan at a time when he should be the Prime Minister of all Canadians, including those who voted for someone else.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
If readers will recall, at the G8 summit in Italy, Prime Minister Stephen Harper apologised for attacking Liberal Leader Michael Ignatieff for comments falsely attributed to him suggesting Canada's irrelevance in the G8.
It seems that such an attack at an international forum is unprecedented. More to the point it is another example of Stephen Harper being partisan at a time when he should be the Prime Minister of all Canadians, including those who voted for someone else.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Toronto strike
All things considered it looks like a pretty good deal. If anything, it may be seen by voters as too sweet. Granted it does eliminate sick day carry over but gives a payout for earned days.
Miller releases city's contract offer
Details of a proposed 7.2 per cent wage increase over four years released Friday in high-stakes move to end 19-day strike by Toronto workers
Globe and Mail Update
Mayor David Miller looks on as City Manager Joseph Pennachetti speaks during a press conference in Toronto in February.
In a high-stakes move to end a 19-day strike by city workers, Toronto Mayor David Miller has released key details of a proposed contract offer.
The offer includes a proposed wage increase of 7.2 per cent compounded over four years: 1 per cent in 2009, 1 per cent in 2010, 2 per cent in 2011 and 3 per cent in 2012.
...
The deal would also scrap the controversial sick leave benefit program, which allows full-time employees to collect, carryover and cash out up to six months of sick pay upon retirement, and replace it with a short-term disability plan.
However, the city has agreed to pay out a portion of the existing sick leave credits to staff. For employees with 10 years or more of service, the average payout would be about $8,500, the city said. The minimum payout would be $500 for full-time employees. Part-time workers with CUPE local 79, which represents indoor workers, would be eligible for a payment of up to $500 based on their hours worked in the previous year.
Details of the new plan were posted at www.toronto.ca/offer.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Miller releases city's contract offer
Details of a proposed 7.2 per cent wage increase over four years released Friday in high-stakes move to end 19-day strike by Toronto workers
Globe and Mail Update
Mayor David Miller looks on as City Manager Joseph Pennachetti speaks during a press conference in Toronto in February.
In a high-stakes move to end a 19-day strike by city workers, Toronto Mayor David Miller has released key details of a proposed contract offer.
The offer includes a proposed wage increase of 7.2 per cent compounded over four years: 1 per cent in 2009, 1 per cent in 2010, 2 per cent in 2011 and 3 per cent in 2012.
...
The deal would also scrap the controversial sick leave benefit program, which allows full-time employees to collect, carryover and cash out up to six months of sick pay upon retirement, and replace it with a short-term disability plan.
However, the city has agreed to pay out a portion of the existing sick leave credits to staff. For employees with 10 years or more of service, the average payout would be about $8,500, the city said. The minimum payout would be $500 for full-time employees. Part-time workers with CUPE local 79, which represents indoor workers, would be eligible for a payment of up to $500 based on their hours worked in the previous year.
Details of the new plan were posted at www.toronto.ca/offer.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Standard of appellate review of facts
Today's Court of Appeal decision in Singer v. Hamilton (City), 2009 ONCA 559 gives a good description of the rule regarding appeals as to fact. Such appeals are to be allowed only rarely on the standard of palpable and overriding error.
Today's case refers to civil (specifically negligence) appeals but the reasoning applies to all areas of law. The Court holds:
Standard of Appellate Review
[7] The most frequently cited authority on the standard of appellate review, Housen v. Nikolaisen, [2002] 2 S.C.R. 235, was a negligence case. In Housen, the plaintiff, who was a passenger in a car that had failed to negotiate a sharp turn, suffered injuries when the car went off a rural road. The driver had been drinking heavily. The trial judge found that the plaintiff was 15 percent contributorily negligent in failing to take reasonable precautions for his own safety in accepting a ride from the driver. He apportioned the remaining joint and several liability 50 percent to the driver and 35 percent to the municipality on the basis that the municipality was negligent in failing to post warning signs on the road. The Saskatchewan Court of Appeal overturned the trial judge's finding of negligence against the municipality. The Supreme Court restored the trial judge's decision and emphasized the limited scope of appellate review.
[8] In its reasons, the Supreme Court stated the general principles that questions of fact are reviewed on the standard of palpable and overriding error, questions of law are reviewed on the standard of correctness, and a trial judge's finding on a question of mixed fact and law is entitled to deference. The authors of the majority judgment, Iacobucci and Major JJ., commented particularly on the standard of review in negligence cases. At para. 29, they said that "[w]hen the question of mixed fact and law at issue is a finding of negligence, this Court has held that a finding of negligence by the trial judge should be deferred to by appellate courts." At para. 30, they said "[t]his more stringent standard of review for findings of negligence is appropriate, given that findings of negligence at the trial level can also be made by juries."
[9] Iacobucci and Major JJ. pointed out that the policy reasons for deference were not only limited to the superior vantage point of the trial judge seeing and hearing the witnesses, but also served to limit the cost of litigation and to promote the autonomy of trial proceedings.
[10] The Supreme Court revisited the standard of appellate review in H.L. v. Canada (Attorney General), [2005] 1 S.C.R. 401. The court again emphasized that appellate courts do not "rehear" or "retry" cases. Rather, they review for error. Appellate courts should not interfere merely because they would have reached a different result. They may only interfere if the trial judge made a finding that is unsupported by the evidence or that is unreasonable and would have affected the result.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Bail review due to delay until trial
Note, if there should be a review because of delay to trial then it makes sense to consider time to trial when setting bail.
Smith, [2003] A.J. No. 1049:
6. Failure to take into account the length of time an accused will be in jail pending his trial...
43 ...In any event, the time he has already served is great relative to any sentence that would be imposed even if were convicted. These are factors which a judge must consider in determining whether an accused should be released on bail.
Anderson, [2004] O.J. No. 5629 (SCJ, Macdonald J):
5 I take into account that...I think counsel is likely correct that that period of time in jail is more than he is likely to receive by way of sentence if he should be convicted on the four counts arising from the events of November 4th.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Smith, [2003] A.J. No. 1049:
6. Failure to take into account the length of time an accused will be in jail pending his trial...
43 ...In any event, the time he has already served is great relative to any sentence that would be imposed even if were convicted. These are factors which a judge must consider in determining whether an accused should be released on bail.
Anderson, [2004] O.J. No. 5629 (SCJ, Macdonald J):
5 I take into account that...I think counsel is likely correct that that period of time in jail is more than he is likely to receive by way of sentence if he should be convicted on the four counts arising from the events of November 4th.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Oh dear
Well, I suppose if you are going to attack Michael Ignatieff for stuff he didn't say you might as well pick bad stuff.
G8 Harper Apology
Source: The Canadian Press
Jul 10, 2009
--------------------------------------------------------------------------------
L'AQUILA, Italy - An aide to Stephen Harper has offered an abject apology after the prime minister took a sharp shot at Liberal Leader Michael Ignatieff for comments he never made.
Dimitri Soudas said he mistakenly informed Harper that comments by an academic about Canada's irrelevance in the G8 were actually Ignatieff's.
The academic said Canada is at risk of being shut out of such international councils.
Harper took those comments and ran with them in both official languages during his closing news conference at the Group of Eight summit.
He accused Ignatieff of being `irresponsible,' saying the Liberal leader `is supposed to be a Canadian.'
Shortly after the 45-minute news conference ended, Soudas rushed to inform Canadian media that he'd misread an email, wrongly attributed a quote to Ignatieff and then advised the prime minister to comment publicly on the matter.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
G8 Harper Apology
Source: The Canadian Press
Jul 10, 2009
--------------------------------------------------------------------------------
L'AQUILA, Italy - An aide to Stephen Harper has offered an abject apology after the prime minister took a sharp shot at Liberal Leader Michael Ignatieff for comments he never made.
Dimitri Soudas said he mistakenly informed Harper that comments by an academic about Canada's irrelevance in the G8 were actually Ignatieff's.
The academic said Canada is at risk of being shut out of such international councils.
Harper took those comments and ran with them in both official languages during his closing news conference at the Group of Eight summit.
He accused Ignatieff of being `irresponsible,' saying the Liberal leader `is supposed to be a Canadian.'
Shortly after the 45-minute news conference ended, Soudas rushed to inform Canadian media that he'd misread an email, wrongly attributed a quote to Ignatieff and then advised the prime minister to comment publicly on the matter.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Thursday, July 9, 2009
But Stephen Harper is a believer
Wafergate is more amusing than anything else. It reminds me of the Dreidlegate issue around Christmas:
MONCTON, N.B._ The Roman Catholic archbishop who administered holy communion to the prime minister last week says Stephen Harper meant no disrespect when he consumed a communion wafer during former governor general Romeo LeBlanc's funeral.
Archbishop Andre Richard, head of the Moncton archdiocese, says it's considered ``sacrilegious'' for non-believers to take part in the rite, but only if it is meant out of disrespect.
Ivo Goldstein
Writing to his son in 1941 said:
"It's better to bear an injustice than to inflict it".
A noble statement -- of course, Ivo did not survive the War and many of those who abused him did.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Gender, stress and risky behaviour
Assuming the study is right in its findings, the results may reflect societal influence rather than evolution. Still, interesting:
Excerpted from Science Daily (address below, free registration required):
http://www.sciencedaily.com/releases/2009/06/090630202123.htm
Risky Business: Stressed Men, But Not Stressed Women, More Likely To Gamble And Takes Risks Science Daily (July 1, 2009) -
Stressed out, dude? Don't go to Vegas. New research, to be published July 1 in the journal PLoS One, shows that men under stress may be more likely to take risks, correlating to such real-life behavior as gambling, smoking, unsafe sex and illegal drug use. In contrast, stressed women moderate their behavior and may be less likely to make risky choices, the study found.
"Evolutionarily speaking, it's perhaps more beneficial for men to be aggressive in stressful, high-arousal situations when risk and reward are involved," said Nichole Lighthall of the University of Southern California Davis School of Gerontology and lead author of the paper.
"Applied to financial risk taking, it's akin to competition for territory or other valuable resources."The researchers asked participants to play a game called the Balloon Analogue Risk Task in which inflating a balloon earns money (five cents per pump). Participants were told that they could cash out their earnings by clicking a "Collect $$$" button at any point in the game.
However, the balloon would explode if it was inflated beyond its randomly determined breakpoint. All winnings for exploded balloons would be lost. "One valuable aspect of the [balloon task] is its predictive validity for real-world impulsivity," Lighthall explained. "Some risk taking was necessary to make gains, but excessive risk was associated with diminishing returns. If you always clicked and never cashed out, you would lose every time."
The balloon task has been previously used to assess tolerance for risky behavior among inner-city adolescents and substance abusers, among others."
Obviously, there are situations in the real world where risky behavior would not be beneficial," Lighthall said. "Sometimes being conservative, thoughtful and taking it slow are good things." In the control group, men and women displayed statistically similar levels of risk taking, inflating the balloon about 40 times on average.
However, women in the stressed group only inflated the balloon an average of 32 times - more than 30 percent less often than their stressed male counterparts, who inflated the balloon an average of 48 times. "Men seem to enter more risky financial situations than women, which was part of the impetus for our study," Lighthall said.
"But only in the stressed condition did we see any statistical differences in risky behavior between men and women." ( . . . )
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Anti-Spam legislation
The Canadian Government tabled Bill C-27 "The Electronic Commerce Protection Act" (ECPA) addressing spam, counterfeit websites and spyware in early 2009. The proposed legislation also amends PIPEDA, which covers online privacy in detail and contains many provisions relevant to email marketing. Alternative anti-spam legislation (S-220) is also going through Canada's Senate.
See also, Industry Canada ECPA Announcement dated April 24, 2009:
http://www.ic.gc.ca/eic/site/ic1.nsf/eng/04595.html
Current Status of ECPA:
House of Commons-Second Reading (in Committee):
http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&Session=22&query=5800&List=toc
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
See also, Industry Canada ECPA Announcement dated April 24, 2009:
http://www.ic.gc.ca/eic/site/ic1.nsf/eng/04595.html
Current Status of ECPA:
House of Commons-Second Reading (in Committee):
http://www2.parl.gc.ca/Sites/LOP/LEGISINFO/index.asp?Language=E&Session=22&query=5800&List=toc
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
State action prerequisite to Charter application
Today's decision in R. v. Drakes, 2009 ONCA 560 makes clear that the Charter is engaged only when there is State action. So, when, as here, a building superintendent enters an apartment in a way that would be grossly improper for police, such entry can properly lead to police action without any Charter breach.
The Court held:
[11] Second, the appellants submit that the trial judge erred by concluding that s. 8 of the Charter was not engaged when the police obtained information from the building superintendents relating to the contents of unit 216 in the condominium building. They argue that this police conduct amounted to a seizure and that the building superintendents and/or the property managers who provided the information at issue to the police were 'agents' of the state.
[12] We disagree. The context surrounding this issue is the fact that the superintendents responded to a flood in unit 216 and then reported suspicious activity in the unit to the property managers who in turn furnished it to the police.
[13] The trial judge noted, correctly, that s. 8 will be engaged only if there is state action. The trial judge continued:
"The reason for the search was the flood, something to which management and staff had an obligation to respond. There is nothing in the evidence to suggest that management initiated the search or that it was conducted differently because of police intervention.
. . .
It follows that the way in which the police had access to the information about certain items inside the unit was as a result of a normal response to the flood… Management then contacted the police, not as agents but as citizens reporting suspicious activity.
. . .
Since the process whereby information about what was in the unit involved no state action, the Charter was not engaged."
We agree with this analysis and conclusion.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The Court held:
[11] Second, the appellants submit that the trial judge erred by concluding that s. 8 of the Charter was not engaged when the police obtained information from the building superintendents relating to the contents of unit 216 in the condominium building. They argue that this police conduct amounted to a seizure and that the building superintendents and/or the property managers who provided the information at issue to the police were 'agents' of the state.
[12] We disagree. The context surrounding this issue is the fact that the superintendents responded to a flood in unit 216 and then reported suspicious activity in the unit to the property managers who in turn furnished it to the police.
[13] The trial judge noted, correctly, that s. 8 will be engaged only if there is state action. The trial judge continued:
"The reason for the search was the flood, something to which management and staff had an obligation to respond. There is nothing in the evidence to suggest that management initiated the search or that it was conducted differently because of police intervention.
. . .
It follows that the way in which the police had access to the information about certain items inside the unit was as a result of a normal response to the flood… Management then contacted the police, not as agents but as citizens reporting suspicious activity.
. . .
Since the process whereby information about what was in the unit involved no state action, the Charter was not engaged."
We agree with this analysis and conclusion.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Isotopes again
This story illustrates the problem to a degree. Without a local -- that is North American -- medical isotope producing reactor Canadians do stand to have problems with delivery. Of course, that is true for any overseas product.
But to my mind a bigger concern is that Canada is, in the midst of a terrible world economy, letting a Canadian world leading product, in great demand, disappear.
Perhaps Canada should get out of isotope production but not without serious consideration and debate.
Hospitals in isotope crisis as shipment delayed in Europe
Crucial medical tests postponed while federal ministers warn of further shortages and blame Atomic Energy of Canada Ltd.
Karen Howlett and Gloria Galloway Toronto and Ottawa — From Thursday's Globe and Mail
An airplane carrying a shipment of medical isotopes was delayed at a Paris airport on Wednesday, forcing the cancellation of scores of crucial medical tests in Canada and highlighting the fragility of this country's system for detecting heart ailments and cancer.
Federal ministers of Health and Natural Resources warned of further shortages as they pointed the finger at Atomic Energy of Canada Ltd., the Crown corporation that owns the nuclear reactor that until a few weeks ago produced a third of the world's medical isotopes.
The aging reactor at Chalk River, Ont., was taken offline in May after it was found to be leaking heavy water. AECL officials said the reactor won't be back in operation until at least late 2009, leaving Canadian hospitals relying on foreign companies for molybdenum-99 isotopes, considered the best tool for many heart and cancer tests.
The situation that stalled the European shipment at the Paris airport was resolved, but hospitals will receive their isotopes 24 hours late, forcing them to reschedule tests for cancer, bone fractures and infections around artificial hips and knees that had been set for Friday.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
But to my mind a bigger concern is that Canada is, in the midst of a terrible world economy, letting a Canadian world leading product, in great demand, disappear.
Perhaps Canada should get out of isotope production but not without serious consideration and debate.
Hospitals in isotope crisis as shipment delayed in Europe
Crucial medical tests postponed while federal ministers warn of further shortages and blame Atomic Energy of Canada Ltd.
Karen Howlett and Gloria Galloway Toronto and Ottawa — From Thursday's Globe and Mail
An airplane carrying a shipment of medical isotopes was delayed at a Paris airport on Wednesday, forcing the cancellation of scores of crucial medical tests in Canada and highlighting the fragility of this country's system for detecting heart ailments and cancer.
Federal ministers of Health and Natural Resources warned of further shortages as they pointed the finger at Atomic Energy of Canada Ltd., the Crown corporation that owns the nuclear reactor that until a few weeks ago produced a third of the world's medical isotopes.
The aging reactor at Chalk River, Ont., was taken offline in May after it was found to be leaking heavy water. AECL officials said the reactor won't be back in operation until at least late 2009, leaving Canadian hospitals relying on foreign companies for molybdenum-99 isotopes, considered the best tool for many heart and cancer tests.
The situation that stalled the European shipment at the Paris airport was resolved, but hospitals will receive their isotopes 24 hours late, forcing them to reschedule tests for cancer, bone fractures and infections around artificial hips and knees that had been set for Friday.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Wednesday, July 8, 2009
Cross-examination answer that is splendid but ultimately unhelpful
While researching something else I came across this passage from Oscar Wilde's trial. The passage is magnificent, but remember Wilde got a sentence of two years hard labour.
Oscar Wilde
On being cross-examined at his trial
Mr. C. F. Gill (cross-examing): What is “the love that dares not speak its name?”
Wilde: “The love that dares not speak its name” in this century is such a great affection of an elder for a younger man as there was between David and Jonathan, such as Plato made the very basis of his philosophy, and such as you find in the sonnets of Michelangelo and Shakespeare.
It is that deep spiritual affection that is as pure as it is perfect. It dictates and pervades great works of art, like those of Shakespeare and Michelangelo, and those two letters of mine, such as they are. It is in this century misunderstood, so much misunderstood that it may be described as “The love that dares not speak its name,” and on that account of it I am placed where I am now.
It is beautiful, it is fine, it is the noblest form of affection. There is nothing unnatural about it. It is intellectual, and it repeatedly exists between an older and a younger man, when the older man has intellect, and the younger man has all the joy, hope and glamour of life before him.
That it should be so, the world does not understand. The world mocks at it, and sometimes puts one in the pillory for it.
Oscar Wilde
On being cross-examined at his trial
Mr. C. F. Gill (cross-examing): What is “the love that dares not speak its name?”
Wilde: “The love that dares not speak its name” in this century is such a great affection of an elder for a younger man as there was between David and Jonathan, such as Plato made the very basis of his philosophy, and such as you find in the sonnets of Michelangelo and Shakespeare.
It is that deep spiritual affection that is as pure as it is perfect. It dictates and pervades great works of art, like those of Shakespeare and Michelangelo, and those two letters of mine, such as they are. It is in this century misunderstood, so much misunderstood that it may be described as “The love that dares not speak its name,” and on that account of it I am placed where I am now.
It is beautiful, it is fine, it is the noblest form of affection. There is nothing unnatural about it. It is intellectual, and it repeatedly exists between an older and a younger man, when the older man has intellect, and the younger man has all the joy, hope and glamour of life before him.
That it should be so, the world does not understand. The world mocks at it, and sometimes puts one in the pillory for it.
Women voters
This data will no doubt raise all the issues around strategic voting which may give women in particular significant leverage.
Results of a recent poll about voter intentions in a potential federal election show the following trends (amongst others), according to Frank Graves, president of Ekos, as quoted on the "ekospolitics.com" website.
"One peculiar feature of the gridlock is that the Liberals and Conservatives seem to be competing for the same voters: upper middle class white men, for the most part,"
Graves said. "If you leave aside regional patterns, which of course remain dramatic, the demographic profiles of a Liberal and Conservative voter are remarkably similar."
"Women and younger voters are much less enchanted with the two main parties," he said.
"They are more likely to support the smaller parties, or simply remain on the sidelines."
"It is quite striking that among voters under 25 years of age, the Green Party consistently shows up as a leading contender, even as it continues to be no more than a marginal option for baby-boomers."
http://www.ekospolitics.com/index.php/2009/07/libs-eke-out-lead-as-tories-slump-july-2-2009-2/
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Results of a recent poll about voter intentions in a potential federal election show the following trends (amongst others), according to Frank Graves, president of Ekos, as quoted on the "ekospolitics.com" website.
"One peculiar feature of the gridlock is that the Liberals and Conservatives seem to be competing for the same voters: upper middle class white men, for the most part,"
Graves said. "If you leave aside regional patterns, which of course remain dramatic, the demographic profiles of a Liberal and Conservative voter are remarkably similar."
"Women and younger voters are much less enchanted with the two main parties," he said.
"They are more likely to support the smaller parties, or simply remain on the sidelines."
"It is quite striking that among voters under 25 years of age, the Green Party consistently shows up as a leading contender, even as it continues to be no more than a marginal option for baby-boomers."
http://www.ekospolitics.com/index.php/2009/07/libs-eke-out-lead-as-tories-slump-july-2-2009-2/
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Ok, now this is a dumb attack on Stephen Harper
So far as I know Harper is a Christian and while accepting the wafer may be theologically fraught -- can a non-Catholic properly accept communion? (It depends on the relation of the communion -- so Coptic yes, Lutheran not; but all Christians are in some way in connection to the Roman Church, at least from Rome's view) -- this hardly seems likely a legitimate attack. It's a bit like attacking his choice in literature.
Stephen Harper committed no etiquette blunder at the funeral mass of former governor-general Roméo Leblanc, his spokesman said, denying speculation that the Prime Minister pocketed a communion wafer offered to him by a priest.
The Prime Minister's Office was reacting after a high-ranking New Brunswick Catholic church official asked that Mr. Harper clarify what happened. Catholics consider that the host is the body of the Christ once it is consecrated by the priest and is supposed to be consumed after it is received.
Footage of the service, shown on Cable Public Affairs Channel, shows Mr. Harper receiving the wafer but the camera cuts away before the Prime Minister can be seen putting it in his mouth.
The two people who received wafers before and after Mr. Harper - Jean-Daniel Lafond, the spouse of the Governor-General, and New Brunswick Lieutenant-Governor Herménégilde Chiasson - can be seen putting the host in their mouths right away.
"He accepted it and consumed it," Mr. Harper's spokesman, Dimitri Soudas, said from Italy where the Prime Minister is meeting G8 leaders.
"The camera was on for two or three seconds. One cannot assume that because the camera was not on him that he did not consume communion."
Excerpts from the video have been posted on YouTube, where some viewers speculated that Mr. Harper looked like he wanted to shake hands with the priest and wasn't expecting to get the wafer instead.
"It's not the first time that he's attended a service," Mr. Soudas said however.
The issue was initially raised by Monsignor Brian Henneberry, vicar general and chancellor in the Diocese of Saint John.
"It's worse than a faux pas, it's a scandal from the Catholic point of view," he told the Saint John Telegraph-Journal.
Father Henneberry, who spoke up after receiving a call from a concerned Catholic, was not available for comment today, the diocese said.
The other matter is whether Mr. Harper should have declined the wafer since he is as an evangelical Protestant, a member of the Christian and Missionary Alliance Church.
"Who is the Prime Minister to question a priest offering him communion?" Mr. Soudas said.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Divisional Court jurisdiction
The appeal jurisdiction of the Divisional Court in civil matters remains problematic.
Today's important Court of Appeal decision in Canady v. Tucci, 2009 ONCA 554 clarifies the law and says all plaintiffs claims (dismissed or allowed) must be added together to see if the Divisional Court limit is met or exceeded.
The Court writes:
[16] All of the plaintiffs' claims that are the subject of the dismissal must be added together to determine the total assessed amount of the dismissed claim for the purpose of applying ss. 19(1)(a)(1.1)(c) or 19(1)(a)(1.1.)(d). This rule applies not only to individualized claims by a single plaintiff for different heads of damages, but to the claims of the separate plaintiffs in one action. Once the amount of either the judgment, or where the claims were dismissed, the dismissed claims, and the amount assessed by the trial judge, is determined, then reference is made to section 19(1)(a) to determine if jurisdiction lies with the Divisional Court.
[17] I say, with respect to the Divisional Court, the decisions of this court in McManus v. Feldman Investments Ltd., [2003] O.J. No. 5762 and Sepe v. Monteleone (2006), 78 O.R. (3d) 676 are consistent with each other and with these reasons.
[18] In McManus, the total amount of the judgment was $148,143 in favour of the plaintiff. Of that sum, the appeal was only in relation to the punitive damages which were assessed at $16,750.00. However, the appeal lay to this court because the amount of the judgment was in excess of $25,000. In McManus, the court quoted from the decision of Catzman J.A. in McGrath v. Woodrow (2001) 52 O.R. (3d) 732 where he explained:
The pivotal concept in subclause 19(1)(a)(i) is the amount of the judgment. It is not the amount claimed in the action or counterclaim. It is not the amount "involved" in the appeal or "in issue" in the appeal. Jurisdiction under subclause 19(1)(a)(i) turns on the amount of the payment ordered by the judgment sought to be appealed.
[19] In Sepe, the plaintiff bricklayer sued for the sum of $18,000.00 for brickwork he had completed for the defendant homeowners.
[20] The homeowners counterclaimed for damages in the sum of $20,000 for shoddy work and in addition claimed the sum of $3387.49 by way of set-off. The homeowners conceded the value of the plaintiff's work to be $12,146.06.
[21] The trial judge dismissed both the appellant plaintiff's claim and the homeowners' claim for set-off. She awarded the homeowners $19,260 on their counterclaim. The appellant plaintiff appealed the dismissal of his claim and the award of judgment on the defendant respondents' counterclaim.
[22] To determine jurisdiction, again reference was to s. 19(1)(a)(1.1) of the Act. As this court explained in Sepe, because the four subparagraphs that deal with jurisdiction are disjunctive each subparagraph is considered separately for the purpose of determining jurisdiction. The dismissal of the appellant Sepe's claim fell within 19(1)(a)(1.1)(c) – dismissal of a claim that is for an amount not more than $25,000.00; he had claimed $18,000.00. As for the counterclaim of the respondent defendants, the trial judge had awarded the sum of $19,260.00 – again a judgment sum for an amount less than $25,000.00, under 19(1)(a)(1.1)(a). Accordingly there was no amount over $25,000.00 and the appeal lay to the Divisional Court.[2]
[23] The judgment records the claims allowed and the claims that have been dismissed and is the key document to which reference must be made in determining the applicability or not of s. 19 of the Act. The subsections of s. 19 are, as this court noted in Sepe, disjunctive and they must be read and interpreted in that way. However, within each subsection, all of the claims whether allowed or dismissed and whether claimed by one party or more than one party are to be added together in order to apply s. 19(1)(a).
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Chalk River reactor down until end of the year
This is an ongoing problem and its resolution, sexy or not, is getting critical.
OTTAWA_ The Chalk River reactor will be down until the end of year.
Atomic Energy of Canada Ltd. says it needs at least that long to figure out how to repair the leaky and aging reactor.
``We are now able to advise that the NRU will not be able to return for service until late 2009,'' company president Hugh MacDiarmid said Wednesday on a conference call.
The 52-year-old reactor supplied a third of the world's medical isotopes until AECL shut it down in mid-May after finding it was leaking radioactive water.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The Polls
This week brought a depressing poll. And I don't want to brush it off as a 'snap shot'. Because it shows a trend favourable to the Conservatives.
Now why?
That puzzles me -- except perhaps the fallout of the 'near election' hurt?
What do readers think?
http://us.mobile.reuters.com/mobile/m/AnyArticle/p.rdt?URL=http://www.reuters.com/article/marketsNews/idUSN0731225520090707
Canada's Conservatives reclaim lead in new poll
Tue, Jul 07 10:03 AM EDT
* Conservatives reclaim slight lead over Liberals
* Prime Minister Harper seen gaining momentum over summer
* Liberal leader seen slipping off the radar over summer
OTTAWA, July 7 (Reuters) - Canadian Prime Minister Stephen Harper's Conservative Party has regained a slight lead in popular support over the opposition Liberals and appears set to gain momentum over the summer, a poll released on Tuesday showed.
The Strategic Counsel survey, published in the Globe and Mail newspaper, put the Conservatives ahead of the Liberals for the first time since April. The poll showed the Conservatives with 34 percent support and the Liberals with 33 percent. The left-leaning New Democrats stood in third place at 15 percent.
A month earlier, Liberals stood at 34 percent and the Conservatives at only 30 percent and some other polls had also revealed growing support for Liberal leader Michael Ignatieff.
The numbers show Ignatieff's honeymoon as the new opposition leader is over, the Globe cited Strategic Counsel pollster Peter Donolo as saying.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Now why?
That puzzles me -- except perhaps the fallout of the 'near election' hurt?
What do readers think?
http://us.mobile.reuters.com/mobile/m/AnyArticle/p.rdt?URL=http://www.reuters.com/article/marketsNews/idUSN0731225520090707
Canada's Conservatives reclaim lead in new poll
Tue, Jul 07 10:03 AM EDT
* Conservatives reclaim slight lead over Liberals
* Prime Minister Harper seen gaining momentum over summer
* Liberal leader seen slipping off the radar over summer
OTTAWA, July 7 (Reuters) - Canadian Prime Minister Stephen Harper's Conservative Party has regained a slight lead in popular support over the opposition Liberals and appears set to gain momentum over the summer, a poll released on Tuesday showed.
The Strategic Counsel survey, published in the Globe and Mail newspaper, put the Conservatives ahead of the Liberals for the first time since April. The poll showed the Conservatives with 34 percent support and the Liberals with 33 percent. The left-leaning New Democrats stood in third place at 15 percent.
A month earlier, Liberals stood at 34 percent and the Conservatives at only 30 percent and some other polls had also revealed growing support for Liberal leader Michael Ignatieff.
The numbers show Ignatieff's honeymoon as the new opposition leader is over, the Globe cited Strategic Counsel pollster Peter Donolo as saying.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Tuesday, July 7, 2009
Women as domestic appliances?
I am in favour of giving people the benefit of the doubt when bizzare quotations are printed in the media -- I have been subject to that myself.
So suggesting that Hilter "got things done" does not trouble me, at least until I see the context. In fact, of course, Hitler did get things done -- but so did Pol Pot -- it's not the Nazi efficiency that wass a problem; rather it's what they were efficient at.
But the other quotations suggest Ecclestone is beyond the Pale (yes, I am using the phrase intentionally). Women as domestic appliances is obscene even if said in jest.
So Ecclestone is a pig, so what? Well, I am not suggesting he should go to jail; but I do think it is appropriate to say he is inappropriate as a representative of a major world sport and his removal is appropriate -- it sounds like it is long long overdue.
NEW YORK - The World Jewish Congress is calling for Formula One boss Bernie Ecclestone to resign after he was quoted as saying that Adolf Hitler "got things done."
In the interview with London's The Times newspaper, Ecclestone also said democracy "hasn't done a lot of good for many countries - including this one."
In a statement Sunday, Ronald Lauder, president of the World Jewish Congress, says Ecclestone is not fit to serve as head of Formula One and calls on teams, drivers and host countries to suspend their co-operation with him.
Ecclestone, who owns F1's commercial rights, has drawn criticism before. He once said women should dress in white "like all other domestic appliances."
So suggesting that Hilter "got things done" does not trouble me, at least until I see the context. In fact, of course, Hitler did get things done -- but so did Pol Pot -- it's not the Nazi efficiency that wass a problem; rather it's what they were efficient at.
But the other quotations suggest Ecclestone is beyond the Pale (yes, I am using the phrase intentionally). Women as domestic appliances is obscene even if said in jest.
So Ecclestone is a pig, so what? Well, I am not suggesting he should go to jail; but I do think it is appropriate to say he is inappropriate as a representative of a major world sport and his removal is appropriate -- it sounds like it is long long overdue.
NEW YORK - The World Jewish Congress is calling for Formula One boss Bernie Ecclestone to resign after he was quoted as saying that Adolf Hitler "got things done."
In the interview with London's The Times newspaper, Ecclestone also said democracy "hasn't done a lot of good for many countries - including this one."
In a statement Sunday, Ronald Lauder, president of the World Jewish Congress, says Ecclestone is not fit to serve as head of Formula One and calls on teams, drivers and host countries to suspend their co-operation with him.
Ecclestone, who owns F1's commercial rights, has drawn criticism before. He once said women should dress in white "like all other domestic appliances."
W(D) analysis is a functional, not a formulaic, analysis
Today's decision in R. v. D.M., 2009 ONCA 553 makes clear, as has been set out in other recent decisions, that the analysis in W(D), dealing with conflicting evidence in criminal cases, is not to be applied in a mechanistic manner.
While it is useful for a trial judge to reference W(D), and while a trial judge is obliged to apply W(D), there is no obligation to restate the case as if the Court was reciting a headnote.
The key is to ensure that at all times the accused is not found guilty unless proven so beyond reasonable doubt on all the evidence heard.
The Court holds:
[3] ... . The W.D. analysis is a functional, not a formulaic, analysis: see R. v. Y(C.L.), [2008] 1 S.C.R. 5 at paras. 6-9. In our view, the trial judge's reasons, read as a whole, establish that he understood the W.D. analysis and dealt appropriately with the testimony of the various witnesses, including the appellant.
While it is useful for a trial judge to reference W(D), and while a trial judge is obliged to apply W(D), there is no obligation to restate the case as if the Court was reciting a headnote.
The key is to ensure that at all times the accused is not found guilty unless proven so beyond reasonable doubt on all the evidence heard.
The Court holds:
[3] ... . The W.D. analysis is a functional, not a formulaic, analysis: see R. v. Y(C.L.), [2008] 1 S.C.R. 5 at paras. 6-9. In our view, the trial judge's reasons, read as a whole, establish that he understood the W.D. analysis and dealt appropriately with the testimony of the various witnesses, including the appellant.
Solidarity with Iran Rally
Event: Solidarity with Iran: Light a Candle & Human chain for 18 Tir (July 9th)
What: Rally
Host: Solidarity with Iran
Start Time: Thursday, July 9 at 8:00pm
End Time: Thursday, July 9 at 10:00pm
Where: (Toronto) Mel Lastman SQ to Steels Ave. (Richmond Hill) 16th Ave. to Elgin mills Rd.
To see more details and RSVP, follow the link below:
http://www.facebook.com/n/?event.php&eid=99237022630&mid=bd33e6G30d5c2f1G58dfef9G7
What: Rally
Host: Solidarity with Iran
Start Time: Thursday, July 9 at 8:00pm
End Time: Thursday, July 9 at 10:00pm
Where: (Toronto) Mel Lastman SQ to Steels Ave. (Richmond Hill) 16th Ave. to Elgin mills Rd.
To see more details and RSVP, follow the link below:
http://www.facebook.com/n/?event.php&eid=99237022630&mid=bd33e6G30d5c2f1G58dfef9G7
Toronto and Windsor -- things are actually pretty good
These are two Ontario cities with municipal workers strikes.
Essential services -- police, fire and the like -- are running but everything else isn't.
What is surprising isn't how bad things are but rather how good they are. I expected Toronto to fall to pieces -- remember, this is a town that called in the army for a big snow storm.
And yes, it's very inconvenient to be near a temporary dump site. But the truth is, if private garbage pick up was allowed (and in Toronto the city, for reasons unclear, is battling anyone who seeks to make a summer job and pick up trash for cash) the strike would be almost invisible.
Maybe we don't really need City Hall at all?
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Drabinsky sentencing
Ignoring the Madoff elephant in the room -- and we don't do silly sentences in Canada but there may be an upward effect from Madoff's 150 years -- I predict a sentence of 60 months. With early release that gets Drabinsky into a halfway house in a year.
Defence lawyers ask for minimum sentence for Livent's Garth Drabinsky
TORONTO — Garth Drabinsky's defence is asking a Toronto court for a lenient sentence for the 60-year-old theatre impresario, who along with his partner was convicted of cooking Livent's books.
Defence lawyer Edward Greenspan has been reading excerpts from more than 40 letters of character from friends, family and theatre professionals to draw attention to Drabinsky's successful past.
Greenspan says a sentencing hearing is the one time when a person's good deeds should weigh heavily on the case's outcome.
The defence says Drabinsky's post-polio symptoms also have a "genuine impact" on where he serves his sentence.
The Crown is recommending a sentence of eight to 10 years for both Drabinsky and his Livent partner, Myron Gottlieb, and is calling the case an "enormous fraud."
In its sentencing argument, the Crown said neither man had shown any remorse during their trial on fraud and forgery charges.
Defence lawyers ask for minimum sentence for Livent's Garth Drabinsky
TORONTO — Garth Drabinsky's defence is asking a Toronto court for a lenient sentence for the 60-year-old theatre impresario, who along with his partner was convicted of cooking Livent's books.
Defence lawyer Edward Greenspan has been reading excerpts from more than 40 letters of character from friends, family and theatre professionals to draw attention to Drabinsky's successful past.
Greenspan says a sentencing hearing is the one time when a person's good deeds should weigh heavily on the case's outcome.
The defence says Drabinsky's post-polio symptoms also have a "genuine impact" on where he serves his sentence.
The Crown is recommending a sentence of eight to 10 years for both Drabinsky and his Livent partner, Myron Gottlieb, and is calling the case an "enormous fraud."
In its sentencing argument, the Crown said neither man had shown any remorse during their trial on fraud and forgery charges.
GRAND AYATOLLAH SAANEI
Iran is not the monolith it is often perceived to be. The website of the leading Qom scholar Grand Ayatollah SAANEI, see below, is proof of that. Fascinating reading:
http://www.saanei.org/index.php?lang=en
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Monday, July 6, 2009
Robert McNamara
There is a brilliant analysis of the life of Robert McNamara here:
http://www.nationalpost.com/m/blog.html?b=fullcomment&e=robert-fulford-on-robert-mcnamara-a-great-blessing-to-all-those-people-who-love-saying-that-brains-aren-t-everything&s=Home
McNamara (who died on Monday at age 93) proved a great blessing to all those people who love saying brains aren't everything, that other things also count. His Washington career was a series of paradoxes. He was simple-minded but also extremely complicated. He was an extremely successful failure.
http://www.nationalpost.com/m/blog.html?b=fullcomment&e=robert-fulford-on-robert-mcnamara-a-great-blessing-to-all-those-people-who-love-saying-that-brains-aren-t-everything&s=Home
McNamara (who died on Monday at age 93) proved a great blessing to all those people who love saying brains aren't everything, that other things also count. His Washington career was a series of paradoxes. He was simple-minded but also extremely complicated. He was an extremely successful failure.
Federal deficits to total $156 billion, job losses to mount: budget officer
All we can hope is that this prediction is very wrong. Was it just last fall that we heard there will be no deficit???
Julian Beltrame
THE CANADIAN PRESS
OTTAWA_ The recession will sink the federal government into a $155.9-billion hole over the next five years and cost hundreds of thousands of Canadians their jobs, the parliamentary budget officer predicts.
In a report to be released Wednesday, budget officer Kevin Page calculates that even in the year 2013-14, when Finance Minister Jim Flaherty says Canada will return to surplus, Ottawa will still have a $16.7-billion deficit.
The projections are close to double the accumulated $84.9-billion deficit over five years estimated by the January budget.
But it's in the area of jobs, or the number that will disappear over the next five years, that Page's report contains the biggest shock.
According to sources, the budget officer predicts between 190,000 and 270,000 fewer Canadian jobs this year than estimated in the budget.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Julian Beltrame
THE CANADIAN PRESS
OTTAWA_ The recession will sink the federal government into a $155.9-billion hole over the next five years and cost hundreds of thousands of Canadians their jobs, the parliamentary budget officer predicts.
In a report to be released Wednesday, budget officer Kevin Page calculates that even in the year 2013-14, when Finance Minister Jim Flaherty says Canada will return to surplus, Ottawa will still have a $16.7-billion deficit.
The projections are close to double the accumulated $84.9-billion deficit over five years estimated by the January budget.
But it's in the area of jobs, or the number that will disappear over the next five years, that Page's report contains the biggest shock.
According to sources, the budget officer predicts between 190,000 and 270,000 fewer Canadian jobs this year than estimated in the budget.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
McNamara dies
Robert McNamara died today at age 93. He was a fixture of my youth and a major force in US policy in Vietnam. Later in his life he suggested the war had been a tragic mistake. He was likely right there:
http://www.google.com/hostednews/afp/article/ALeqM5h16_Th3oM4DU-XFb56NzuQ7zR-gg
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Ottawa mayor won't take stand in influence peddling trial
Usually I avoid having my client take the stand when there is something really bad she/he is likely to say. Perhaps here they just see no upside to the testimony?
Ottawa mayor won't take stand in influence peddling trial
Source: The Canadian Press
Jul 6, 2009 11:46
OTTAWA_ The capital's mayor will not take the stand to defend himself against influence-peddling charges levelled by a former political rival.
Larry O'Brien's lawyer has told Ontario Superior Court that he will present no further evidence in the case, opening the door for final statements.
Prosecutor Scott Hutchison told Judge Douglas Cunningham the case revolves around corroborative evidence that goes beyond the accusations by former mayoralty candidate Terry Kilrea.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Important Decision on Cross Appeals
The important decision of the Court of Appeal in Ontario Realty Corporation v. P. Gabriele & Sons Limited, 2009 ONCA 531 makes clear that a cross appeal may be made against a party that neither appealed nor was brought into an appeal. It is sufficient that an appeal exists for a cross appeal to be brought. The result would seem counterintuitive but the decision is carefully set forth and clear (and for full disclosure I lost the hearing!)
[9] In my view a plain reading of the rule suggests that the respondents are within their right and entitled to deliver a notice of cross-appeal. There is nothing in the rule that requires that the subject of the cross-appeal must relate to the appeal. Nor is there any requirement that the only responding parties to the cross-appeal must be the appellants.
Timing of 11(b) motion
The OCA in Pioneer Construction Inc., [2006] O.J. No. 1874 made the timing of a stay for delay motion clear:
27 Finally, we disagree with the view of the appeal judge that the s. 11(b) motion should have been argued at the end of the trial. A motion to stay proceedings for a s. 11(b) breach is ordinarily argued before trial absent unusual circumstances, which did not exist here.
Further assistance comes from the Manitoba CA in Byron, [2001] M.J. No. 245:
11 While the appeals are dismissed, we feel it would be appropriate to take the opportunity to make some comment on the rather unusual procedure followed by the trial judge in this matter.
12 The trial judge heard the motions for delay, and then reserved his decision on the matter until the conclusion of the four-week trial. He did not reserve to allow time to reflect on his decision which would have been perfectly understandable. Rather, he reserved deliberately so as to be able to make an alternative decision on the substance of the charges themselves....
16 There are many situations involving the Charter where it is totally appropriate for a decision to be made only after the hearing of all the evidence. In fact, when an accused is challenging the constitutionality of a new piece of legislation, if the accused is acquitted, the trial judge need not decide the constitutional issue at all. The courts should not decide an issue on a Charter violation unless it cannot be decided on another basis: R. v. Westendorp, [1983] 1 S.C.R. 43 at 46.
17 Generally, however, preliminary motions should be heard and disposed of before or at the commencement of the trial, including motions for unreasonable delay....
22 It is not in the best interests of an accused, nor the state's, to go through unnecessary trials. From the point of view of an accused, they must incur the legal expenses of the trial as well as other expenses related to travel and loss of wages. They also have the stigma of the findings of guilt. Both could have been avoided had a decision been made at the close of argument. From the point of view of the state, there is a public policy advantage in avoiding unnecessary trials. With a timely ruling on the motion, victims and witnesses could have avoided involvement in the process and costs would undoubtedly have been saved throughout....
27 However, where the motion is heard and the trial judge is capable and prepared to rule on the delay motion, that decision should not be deferred until the end of the trial simply in anticipation of being overturned on appeal.
This policy consideration had already been stated earlier by Sopinka in DeSousa, [1992] S.C.J. No. 77 at para 17:
Moreover, in some cases it will save time to decide constitutional questions before proceeding to trial on the evidence. An apparently meritorious Charter challenge of the law under which the accused is charged which is not dependent on facts to be elicited during the trial may come within this exception to the general rule.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Sunday, July 5, 2009
Yet each man kills the thing he loves
Re reading the Ballard of Reading Gaol I was surprised to see these lines, which I had forgotten (more fool I!) were there:
Yet each man kills the thing he loves,
By each let this be heard,
Some do it with a bitter look,
Some with a flattering word,
The coward does it with a kiss,
The brave man with a sword!
The Ballad of Reading Gaol was written by Oscar Wilde after his release from Reading prison on 19 May 1897. During his imprisonment a hanging took place.
Yet each man kills the thing he loves,
By each let this be heard,
Some do it with a bitter look,
Some with a flattering word,
The coward does it with a kiss,
The brave man with a sword!
The Ballad of Reading Gaol was written by Oscar Wilde after his release from Reading prison on 19 May 1897. During his imprisonment a hanging took place.
Joe Biden says 'go ahead, start WWIII'
Vice President Biden does seem to have a way with words.
Perhaps he has forgotten that in invasion of Kuwait occurred, in part, because Iraq thought America was ok with the attack as a result of ill chosen language of an Ambassador?
Regardless, I always think if something can be explained as stupidity or conspiracy, stupidity is more likely. And here I suspect Biden was just babbling rather that sending a message.
(By the way, seeing Biden's actions makes me appreciate the bland meaningless verbiage we usually hear -- it's meaningless for a reason -- to avoid accidentally making new public policy)
Biden Suggests U.S. Not Standing in Israel's Way on Iran
By BRIAN KNOWLTON
NYT Published: July 06, 2009
WASHINGTON - Plunging squarely into one of the most sensitive issues in the Middle East, Vice President Joseph R. Biden Jr. suggested on Sunday that the United States would not stand in the way of Israeli military action aimed at the Iranian nuclear program.
The United States, Mr. Biden said in an interview broadcast on ABC's "This Week," "cannot dictate to another sovereign nation what they can and cannot do."
"Israel can determine for itself - it's a sovereign nation - what's in their interest and what they decide to do relative to Iran and anyone else," he said, in an interview taped in Baghdad at the end of a visit there.
...
Mr. Biden's comments came at a particularly sensitive time, amid the continuing tumult over the disputed Iranian elections, and seemed to risk handing a besieged President Mahmoud Ahmadinejad a new tool with which to fan nationalist sentiments in Iran.
What was not immediately clear was whether Mr. Biden, who has a long-standing reputation for speaking volubly - and sometimes going too far in the heat of the moment - was sending an officially sanctioned message.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Perhaps he has forgotten that in invasion of Kuwait occurred, in part, because Iraq thought America was ok with the attack as a result of ill chosen language of an Ambassador?
Regardless, I always think if something can be explained as stupidity or conspiracy, stupidity is more likely. And here I suspect Biden was just babbling rather that sending a message.
(By the way, seeing Biden's actions makes me appreciate the bland meaningless verbiage we usually hear -- it's meaningless for a reason -- to avoid accidentally making new public policy)
Biden Suggests U.S. Not Standing in Israel's Way on Iran
By BRIAN KNOWLTON
NYT Published: July 06, 2009
WASHINGTON - Plunging squarely into one of the most sensitive issues in the Middle East, Vice President Joseph R. Biden Jr. suggested on Sunday that the United States would not stand in the way of Israeli military action aimed at the Iranian nuclear program.
The United States, Mr. Biden said in an interview broadcast on ABC's "This Week," "cannot dictate to another sovereign nation what they can and cannot do."
"Israel can determine for itself - it's a sovereign nation - what's in their interest and what they decide to do relative to Iran and anyone else," he said, in an interview taped in Baghdad at the end of a visit there.
...
Mr. Biden's comments came at a particularly sensitive time, amid the continuing tumult over the disputed Iranian elections, and seemed to risk handing a besieged President Mahmoud Ahmadinejad a new tool with which to fan nationalist sentiments in Iran.
What was not immediately clear was whether Mr. Biden, who has a long-standing reputation for speaking volubly - and sometimes going too far in the heat of the moment - was sending an officially sanctioned message.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
A new-born panda cub at Chiang Mai zoo in northern Thailand
Notice the size of Mom's paw? The baby panda is about 2 weeks old here and is still un named
History of bi-national solution in British Palestine
It is easy to forget that the concept of bi-nationalism, a union of Israelis and Palestinians in a single state, is not very new. It was considered, and generally rejected, well before the Second World War.
By the mid-1920's there were groups in the British Palestine calling for a single unified state, under British rule, for both Arabs and Jews. Arguably the concept had its roots in the Czech lands under the Hapsburgs -- there three groups, Czech, German and Jew shared on state but were distinct from each other in culture and nationality.
So, "Brit Shalom" sought a peaceful coexistence between Arabs and Jews, to be achieved by the Jewish renunciation of the Balfour Declaration. Brit Shalom (also called the Jewish-Palestinian Peace Alliance) was founded in 1925 and never exceeded a membership of 100.
Brit Shalom supporters and founders include Arthur Ruppin, Martin Buber, Hugo Bergmann, Gershom Scholem and Henrietta Szold; others, such as Albert Einstein also voiced their support.
Most Palestinian Jews and Arabs rejected this proposed solution, and the movement became a marginal, temporal element in the politics of the region. With the departure of the British the issue of bi-nationalism was decided by war. The large Jewish communities in Arab states were relocated in bulk to Israel and many Palestinians fled the fighting to Egypt and Transjordan (well, fled to what became a part of Transjordan, later Jordan. After capturing the 'West Bank' area of Cisjordan during the 1948–49 war with Israel, Transjordan became Jordan and in 1950 Jordan annexed the West Bank, only to lose it to Israel later.)
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
By the mid-1920's there were groups in the British Palestine calling for a single unified state, under British rule, for both Arabs and Jews. Arguably the concept had its roots in the Czech lands under the Hapsburgs -- there three groups, Czech, German and Jew shared on state but were distinct from each other in culture and nationality.
So, "Brit Shalom" sought a peaceful coexistence between Arabs and Jews, to be achieved by the Jewish renunciation of the Balfour Declaration. Brit Shalom (also called the Jewish-Palestinian Peace Alliance) was founded in 1925 and never exceeded a membership of 100.
Brit Shalom supporters and founders include Arthur Ruppin, Martin Buber, Hugo Bergmann, Gershom Scholem and Henrietta Szold; others, such as Albert Einstein also voiced their support.
Most Palestinian Jews and Arabs rejected this proposed solution, and the movement became a marginal, temporal element in the politics of the region. With the departure of the British the issue of bi-nationalism was decided by war. The large Jewish communities in Arab states were relocated in bulk to Israel and many Palestinians fled the fighting to Egypt and Transjordan (well, fled to what became a part of Transjordan, later Jordan. After capturing the 'West Bank' area of Cisjordan during the 1948–49 war with Israel, Transjordan became Jordan and in 1950 Jordan annexed the West Bank, only to lose it to Israel later.)
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Good for Stephen Harper!
The Prime Minister gave a thoughtful, compassionate and humane eulogy for Dave Batters, a former MP. I don't often praise Stephen Harper but he deserves praise here:
Harper mourns former MP's suicide
PM urges greater public understanding of anxiety, depression
Tonda MacCharles
OTTAWA BUREAU
OTTAWA – Reflecting on the life and tragic suicide of a young former Saskatchewan MP, Prime Minister Stephen Harper urged a greater public understanding of the severe anxiety and depression that touch so many Canadians.
At a funeral in Regina yesterday, Harper eulogized Dave Batters, 39, who committed suicide June 30, as a colleague whose energy and enthusiasm "were infectious. He lifted spirits and inspired others."
Batters's suicide shook the ranks of fellow Conservatives and others on Parliament Hill.
A few months before Batters announced that he would not run again last fall, the Prime Minister said, "I became aware that beneath this veneer of optimism, Dave struggled with severe anxiety and depression.
"While we cannot understand why a loved one would act with such sudden finality, we need to know that Dave is not alone. Each year, nearly 4,000 Canadians make this same choice."
Although science has made progress in understanding mental illness, "we still don't know enough about depression, and less about suicide," Harper said.
"But we know this much: Depression can strike the sturdiest of souls. It cares not how much you have achieved, nor how much you have to live for."
Severe anxiety and depression hit men and women "in their primary working years and, most sadly, in their adolescent children," according to a transcript of Harper's comments at the funeral.
Full story here:
http://www.thestar.com/article/661081
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Harper mourns former MP's suicide
PM urges greater public understanding of anxiety, depression
Tonda MacCharles
OTTAWA BUREAU
OTTAWA – Reflecting on the life and tragic suicide of a young former Saskatchewan MP, Prime Minister Stephen Harper urged a greater public understanding of the severe anxiety and depression that touch so many Canadians.
At a funeral in Regina yesterday, Harper eulogized Dave Batters, 39, who committed suicide June 30, as a colleague whose energy and enthusiasm "were infectious. He lifted spirits and inspired others."
Batters's suicide shook the ranks of fellow Conservatives and others on Parliament Hill.
A few months before Batters announced that he would not run again last fall, the Prime Minister said, "I became aware that beneath this veneer of optimism, Dave struggled with severe anxiety and depression.
"While we cannot understand why a loved one would act with such sudden finality, we need to know that Dave is not alone. Each year, nearly 4,000 Canadians make this same choice."
Although science has made progress in understanding mental illness, "we still don't know enough about depression, and less about suicide," Harper said.
"But we know this much: Depression can strike the sturdiest of souls. It cares not how much you have achieved, nor how much you have to live for."
Severe anxiety and depression hit men and women "in their primary working years and, most sadly, in their adolescent children," according to a transcript of Harper's comments at the funeral.
Full story here:
http://www.thestar.com/article/661081
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
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