Wednesday, October 7, 2009
Kindle
A quotation from today's Globe (which I read online):
"And Mr. Bezos said Amazon sells 48 Kindle copies for every 100 physical copies of books that it offers in both formats. Five months ago it was selling 35 Kindle copies per 100 physical versions."
Now, granted Amazon is an "e" company so it makes sense they'd sell a lot of e-books but nearly 50% is striking.
I find the current Kindle clunky and awkward to use but that is something that will improve over time. I already do most of my case reading on a pda and the future is almost certainly going to be more e-readers.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Ontario Prostitution Challenge
The Ontario Prostitution Charter case is a good example of the politicization of the courts.
The suggestions made regarding the legalization of some facets of prostitution are eminently reasonably. They are precisely the sort of thing a parliamentary subcommittee ought to consider in proposing legislative reform. That said, no likely federal government, of any political stripe, is likely to support legislative reform of the prostitution laws – there’s just no political upside.
As a result, the matter heads to the Courts.
In order for the Courts to grant a remedy there must be a constitutional breach of some sort and the claim of Charter breach rests on the assumption that there is a right to sell sexual services. Absent such right, limitations on selling sex are not constitutionally questionable. But the Charter does not protect economic rights and so any finding of constitutional breach necessitates a judge reaching to find a remedy that otherwise is not there.
Unfortunately, the Courts do, from time to time, reach for a remedy where it is clear the legislature will not act. This leads the legislature to become even less likely to act on politically sensitive matters and to wash their hands entirely of legislative reform.
A twisted system indeed.
The suggestions made regarding the legalization of some facets of prostitution are eminently reasonably. They are precisely the sort of thing a parliamentary subcommittee ought to consider in proposing legislative reform. That said, no likely federal government, of any political stripe, is likely to support legislative reform of the prostitution laws – there’s just no political upside.
As a result, the matter heads to the Courts.
In order for the Courts to grant a remedy there must be a constitutional breach of some sort and the claim of Charter breach rests on the assumption that there is a right to sell sexual services. Absent such right, limitations on selling sex are not constitutionally questionable. But the Charter does not protect economic rights and so any finding of constitutional breach necessitates a judge reaching to find a remedy that otherwise is not there.
Unfortunately, the Courts do, from time to time, reach for a remedy where it is clear the legislature will not act. This leads the legislature to become even less likely to act on politically sensitive matters and to wash their hands entirely of legislative reform.
A twisted system indeed.
Tuesday, October 6, 2009
Prepare for Iranian nukes -- an interesting Op Ed
http://www.nationalpost.com/m/blog.html?b=fullcomment&e=jonathon-narvey-prepare-for-the-iranian-bomb&s=Opinion
The UN Security Council touts the dream of "a world without nuclear weapons". While they contemplate hobbits and unicorns, the only rational course of action for nations that really want to deter bellicose nuclear wannabes is to continue to make it as difficult as possible for them to achieve their aims.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The UN Security Council touts the dream of "a world without nuclear weapons". While they contemplate hobbits and unicorns, the only rational course of action for nations that really want to deter bellicose nuclear wannabes is to continue to make it as difficult as possible for them to achieve their aims.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Canadian wins Nobel Prize
I remember using an early CCD in Nova Scotia in the late 1970's. It was huge and had terrible resolution. But it was an amazing tool.
STOCKHOLM, SWEDEN – A Canadian-born physicist and two Americans have been awarded the 2009 Nobel Prize in physics.
Willard S. Boyle, who was born in Amherst, Nova Scotia and George E. Smith were honoured for inventing an imaging semiconductor circuit known as the CCD sensor. Charles K. Kao was cited for his breakthrough involving the transmission of light in fibre optics.
The award's US$1.4 million purse will be split between the three with Kao taking half and Boyle and Smith each getting a fourth. The three also receive a diploma and an invitation to the prize ceremonies in Stockholm on Dec. 10
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
STOCKHOLM, SWEDEN – A Canadian-born physicist and two Americans have been awarded the 2009 Nobel Prize in physics.
Willard S. Boyle, who was born in Amherst, Nova Scotia and George E. Smith were honoured for inventing an imaging semiconductor circuit known as the CCD sensor. Charles K. Kao was cited for his breakthrough involving the transmission of light in fibre optics.
The award's US$1.4 million purse will be split between the three with Kao taking half and Boyle and Smith each getting a fourth. The three also receive a diploma and an invitation to the prize ceremonies in Stockholm on Dec. 10
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Amendments and misnomers
Today's Court of Appeal decision in Ormerod v. Ferner, 2009 ONCA 69 makes clear that misnomers will be corrected even where the correction is significant (here "S. Graham" in place of "P. Ferner"):
[21] ... This court recently summarized the current approach at para. 4 of Lloyd v. Clark, [2008] O.J. No. 1682:
The case law amply supports the proposition that where there is a coincidence between the plaintiff's intention to name a party and the intended party's knowledge that it was the intended defendant, an amendment may be made despite the passage of the limitation period to correct the misdescription or misnomer. See Ladouceur v. Howarth, [1973] S.C.J. No. 120 (S.C.C.); Kitcher v. Queensway General Hospital, [1997] O.J. No. 3305 (C.A.) and J.R. Sheet Metal & Manufacturing Ltd. V. Prairie Rose Wood Products, [1986] A.J. No. 7 (C.A.).
...
[25] It seems to me that the appellants are attempting to forestall a development in the law that has already taken place. This court has already applied the misnomer approach, in three cases..., in equivalent circumstances where the intended defendants, though not personally served with the originating process, were found to have had knowledge of the claim when it was issued. There is no basis to interfere with the motion judge's finding that this was a case of misnomer.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
[21] ... This court recently summarized the current approach at para. 4 of Lloyd v. Clark, [2008] O.J. No. 1682:
The case law amply supports the proposition that where there is a coincidence between the plaintiff's intention to name a party and the intended party's knowledge that it was the intended defendant, an amendment may be made despite the passage of the limitation period to correct the misdescription or misnomer. See Ladouceur v. Howarth, [1973] S.C.J. No. 120 (S.C.C.); Kitcher v. Queensway General Hospital, [1997] O.J. No. 3305 (C.A.) and J.R. Sheet Metal & Manufacturing Ltd. V. Prairie Rose Wood Products, [1986] A.J. No. 7 (C.A.).
...
[25] It seems to me that the appellants are attempting to forestall a development in the law that has already taken place. This court has already applied the misnomer approach, in three cases..., in equivalent circumstances where the intended defendants, though not personally served with the originating process, were found to have had knowledge of the claim when it was issued. There is no basis to interfere with the motion judge's finding that this was a case of misnomer.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Tiger, tiger
William Blake. 1757–1827
489. The Tiger
TIGER, tiger, burning bright
In the forests of the night,
What immortal hand or eye
Could frame thy fearful symmetry?
In what distant deeps or skies
5
Burnt the fire of thine eyes?
On what wings dare he aspire?
What the hand dare seize the fire?
And what shoulder and what art
Could twist the sinews of thy heart?
10
And when thy heart began to beat,
What dread hand and what dread feet?
What the hammer? what the chain?
In what furnace was thy brain?
What the anvil? What dread grasp
15
Dare its deadly terrors clasp?
When the stars threw down their spears,
And water'd heaven with their tears,
Did He smile His work to see?
Did He who made the lamb make thee?
20
Tiger, tiger, burning bright
In the forests of the night,
What immortal hand or eye
Dare frame thy fearful symmetry?
489. The Tiger
TIGER, tiger, burning bright
In the forests of the night,
What immortal hand or eye
Could frame thy fearful symmetry?
In what distant deeps or skies
5
Burnt the fire of thine eyes?
On what wings dare he aspire?
What the hand dare seize the fire?
And what shoulder and what art
Could twist the sinews of thy heart?
10
And when thy heart began to beat,
What dread hand and what dread feet?
What the hammer? what the chain?
In what furnace was thy brain?
What the anvil? What dread grasp
15
Dare its deadly terrors clasp?
When the stars threw down their spears,
And water'd heaven with their tears,
Did He smile His work to see?
Did He who made the lamb make thee?
20
Tiger, tiger, burning bright
In the forests of the night,
What immortal hand or eye
Dare frame thy fearful symmetry?
Tiger tiger burning bright?
I don't get it -- climb into a tiger's den after midnight -- what were these guys thinking???Police and Calgary Zoo officials are investigating an incident where two men were attacked by a Siberian tiger after allegedly breaking into zoo property around 1 a.m. this morning.
The two men, both aged 27, are believed to have scaled an eight-foot fence to gain access to the zoo and then climbed over a 42-inch fence outside the tiger enclosure and approached the cage where the zoo's three tigers live.
Zookeepers believe Vitali, a two-year-old male tiger, hooked onto one of the men's arms with his claws.
What do the polling numbers really mean?
In the most obvious sense they mean what they say -- a larger number of people surveyed on the date of survey preferred the Conservatives than preferred the Liberals.
But people are asking deeper questions -- things like "does this mean a Conservative sweep" or "does this mean Conservative majorities from the next election onward"?
And as to those question the answer is no. The structure of Canadian politics, for the present, makes a majority difficult for any party to achieve. Conservative support is heavily concentrated in the West -- if they win a riding by one vote or 20,000 they still only win one riding. So opinion polls, which are not based on ridings, can be misleading.
That said, there is no doubt the poll numbers are a powerful message.
The Conservatives are doing well and we are not doing what we need to do, especially in Ontario.
Regardless, and because of the NDP (who would do poorly in an election now), we are not going into an election at least for the immediate future. That means we have time to work on Ontario especially and turn the numbers around.
The Leader is a powerful passionate speaker and someone who will attract voters - my sense is he has not been shown to English Canadians as he is, passionate, compassionate, intelligent and engaged but that presentation will change. Moreover, there is a remarkable front bench in the Liberal Party and that front bench is a huge asset.
One day at a time!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
But people are asking deeper questions -- things like "does this mean a Conservative sweep" or "does this mean Conservative majorities from the next election onward"?
And as to those question the answer is no. The structure of Canadian politics, for the present, makes a majority difficult for any party to achieve. Conservative support is heavily concentrated in the West -- if they win a riding by one vote or 20,000 they still only win one riding. So opinion polls, which are not based on ridings, can be misleading.
That said, there is no doubt the poll numbers are a powerful message.
The Conservatives are doing well and we are not doing what we need to do, especially in Ontario.
Regardless, and because of the NDP (who would do poorly in an election now), we are not going into an election at least for the immediate future. That means we have time to work on Ontario especially and turn the numbers around.
The Leader is a powerful passionate speaker and someone who will attract voters - my sense is he has not been shown to English Canadians as he is, passionate, compassionate, intelligent and engaged but that presentation will change. Moreover, there is a remarkable front bench in the Liberal Party and that front bench is a huge asset.
One day at a time!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
What do the polling numbers really mean?
In the most obvious sense they mean what they say -- a larger number of people surveyed on the date of survey preferred the Conservatives than preferred the Liberals.
But people are asking deeper questions -- things like "does this mean a Conservative sweep" or "does this mean Conservative majorities from the next election onward"?
And as to those question the answer is no. The structure of Canadian politics, for the present, makes a majority difficult for any party to achieve. Conservative support is heavily concentrated in the West -- if they win a riding by one vote or 20,000 they still only win one riding. So opinion polls, which are not based on ridings, can be misleading.
That said, there is no doubt the poll numbers are a powerful message.
The Conservatives are doing well and we are not doing what we need to do, especially in Ontario.
Regardless, and because of the NDP (who would do poorly in an election now), we are not going into an election at least for the immediate future. That means we have time to work on Ontario especially and turn the numbers around.
The Leader is a powerful passionate speaker and someone who will attract voters - my sense is he has not been shown to English Canadians as he is, passionate, compassionate, intelligent and engaged but that presentation will change. Moreover, there is a remarkable front bench in the Liberal Party and that front bench is a huge asset.
One day at a time!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
But people are asking deeper questions -- things like "does this mean a Conservative sweep" or "does this mean Conservative majorities from the next election onward"?
And as to those question the answer is no. The structure of Canadian politics, for the present, makes a majority difficult for any party to achieve. Conservative support is heavily concentrated in the West -- if they win a riding by one vote or 20,000 they still only win one riding. So opinion polls, which are not based on ridings, can be misleading.
That said, there is no doubt the poll numbers are a powerful message.
The Conservatives are doing well and we are not doing what we need to do, especially in Ontario.
Regardless, and because of the NDP (who would do poorly in an election now), we are not going into an election at least for the immediate future. That means we have time to work on Ontario especially and turn the numbers around.
The Leader is a powerful passionate speaker and someone who will attract voters - my sense is he has not been shown to English Canadians as he is, passionate, compassionate, intelligent and engaged but that presentation will change. Moreover, there is a remarkable front bench in the Liberal Party and that front bench is a huge asset.
One day at a time!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
I wuz wrong!!! :-(
I have been told, repeatedly, that
"4. Susan Lucci is the daughter of Phyllis Diller. "
is false!!!
OK, I was wrong!!! I had it from a reliable source (no excuse).
Some Conservative readers, no doubt, think I am wrong more then I am right!!!
"4. Susan Lucci is the daughter of Phyllis Diller. "
is false!!!
OK, I was wrong!!! I had it from a reliable source (no excuse).
Some Conservative readers, no doubt, think I am wrong more then I am right!!!
Monday, October 5, 2009
Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding.
Louis Brandeis, in Olmstead v. United States (1928)
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
New polling numbers
http://m.theglobeandmail.com/news/politics/tories-flirt-with-majority-support/article1312742/?service=mobile
A Strategic Counsel poll conducted for The Globe and Mail and CTV says Conservative support has risen to 41 per cent nationally – a six-point jump from a month ago.
The Liberals, however have seen their country-wide support drop two points to 28 per cent. In the rest of Canada outside Quebec, Michael Ignatieff's Liberals have seen voter backing fall sharply, shedding seven percentage points to 26 per cent.
The biggest problem for Mr. Ignatieff, however, is Ontario. The Tories have pulled far ahead in the vote-rich battleground of Canada's most-populous province, running 16 points ahead of the Liberals, 46 per cent versus 30 per cent in Ontario.
At the national level, the NDP remains steady at 14 per cent. In Quebec, the Bloc Québécois has dropped 9 points at the expense of the Liberals, who have gained 10 points in the French-speaking province to sit at 33 per cent.
This new poll in part reflects a steady decline in support for Mr. Ignatieff outside Quebec since May. The Liberal Party has sunk 12 points over the past four months in Ontario, now standing at 30 per cent. It's also dropped seven points to 18 per cent in western Canada since May.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
A Strategic Counsel poll conducted for The Globe and Mail and CTV says Conservative support has risen to 41 per cent nationally – a six-point jump from a month ago.
The Liberals, however have seen their country-wide support drop two points to 28 per cent. In the rest of Canada outside Quebec, Michael Ignatieff's Liberals have seen voter backing fall sharply, shedding seven percentage points to 26 per cent.
The biggest problem for Mr. Ignatieff, however, is Ontario. The Tories have pulled far ahead in the vote-rich battleground of Canada's most-populous province, running 16 points ahead of the Liberals, 46 per cent versus 30 per cent in Ontario.
At the national level, the NDP remains steady at 14 per cent. In Quebec, the Bloc Québécois has dropped 9 points at the expense of the Liberals, who have gained 10 points in the French-speaking province to sit at 33 per cent.
This new poll in part reflects a steady decline in support for Mr. Ignatieff outside Quebec since May. The Liberal Party has sunk 12 points over the past four months in Ontario, now standing at 30 per cent. It's also dropped seven points to 18 per cent in western Canada since May.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Prostitution
Professor Young is a bright guy and if he thinks there's a shot at striking down the prostitution laws there may be. But ... I don't see it.
There has to be a breach of a Charter right -- and economic rights have generally been excluded from the Charter.
So if the right to, say, sell cigarettes is not protected, how can the right to sell sex be?
And that's the key -- the concerns about violence all come about because of the crime tariff associated with any illegal activity. Al Capone only had to use violence because selling whiskey was illegal -- the LCBO/SAQ etc etc enforces contracts in court, not with hired goons.
Now, all that does not mean that the current prostitution laws make good policy sense -- they don't -- for many reasons, not the least of which is that prostitution is legal but so much that goes with it isn't. And the fact that massage parlours are (mainly) fronts for prostitution and yet are totally ignored by police (at least in major centres) speaks volumes.
I suppose the truth is that major reform of the prostitution laws is politically impossible so the court challenge makes some sense -- but this really should be a parliamentary matter.
Court challenge takes on sex work prohibitions
Carefully prepared legal challenge aims to show existing laws make risky work more dangerous
Kirk Makin
From Tuesday's Globe and Mail

As police across the country search for scores of missing and murdered women, three prostitutes are launching a carefully prepared challenge that could force changes in how Canada polices the world's oldest profession.
Lawyers for women intend to prove, in a case that opens Tuesday, that prostitution is also the world's most dangerous profession and that ill-conceived and repressive laws exacerbate the perils.
"The laws target women and don't allow women to protect themselves," said one of the litigants, Terri-Jean Bedford, who has worked as a Toronto street prostitute and a brothel madam. "Nothing can be worse than the laws we have now. I found that working indoors is much safer than working outdoors, especially after midnight, when the freaks come out."
The law flies in the face of social reality, said Lauren Casey, a former prostitute in Victoria, B.C. "When consenting adults are doing what consulting adults like to do – and there is no harm to it – then we should reduce the harm that is associated with a very dangerous form of work," she said in an interview.
While sporadic attempts have been made over the years to chip away at aspects of prostitution law, the challenge is the first in two decades to aim for a broad sweep of its provisions. The women want the courts to strike down prohibitions against living off the avails of prostitution, communicating with potential clients and setting up brothels.
To succeed, the applicants must show that the laws amount to a "grossly disproportionate" infringement of the Charter right to life, liberty and security of the person.
With the Charter challenge almost certain to reach the Supreme Court of Canada, both sides have had a strong incentive to assemble a vast body of evidence, including dozens of witnesses.
"As it currently stands, the law is arbitrary and irrational," said Alan Young, a law professor at York University's Osgoode Hall law school, who is spearheading the Charter challenge
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Mahmoud Ahmadinejad revealed to have Jewish past
I saw this earlier today.
Some say it's a "smear" campaign by his political opponents. Interesting concept -- smear an anti-Semite by calling him a Jew.
To be honest, I suspect it is a smear but what a lot that says -- the smear is telling in itself.
Mahmoud Ahmadinejad's vitriolic attacks on the Jewish world hide an astonishing secret, evidence uncovered by The Daily Telegraph shows.
The short note scrawled on the card suggests his family changed its name to Ahmadinejad when they converted to embrace Islam after his birth. The Sabourjians traditionally hail from Aradan, Mr Ahmadinejad's birthplace, and the name derives from "weaver of the Sabour", the name for the Jewish Tallit shawl in Persia. The name is even on the list of reserved names for Iranian Jews compiled by Iran's Ministry of the Interior.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Some say it's a "smear" campaign by his political opponents. Interesting concept -- smear an anti-Semite by calling him a Jew.
To be honest, I suspect it is a smear but what a lot that says -- the smear is telling in itself.
Mahmoud Ahmadinejad's vitriolic attacks on the Jewish world hide an astonishing secret, evidence uncovered by The Daily Telegraph shows.
The short note scrawled on the card suggests his family changed its name to Ahmadinejad when they converted to embrace Islam after his birth. The Sabourjians traditionally hail from Aradan, Mr Ahmadinejad's birthplace, and the name derives from "weaver of the Sabour", the name for the Jewish Tallit shawl in Persia. The name is even on the list of reserved names for Iranian Jews compiled by Iran's Ministry of the Interior.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Sentence affected by circumstances of convict
R. v. Rende, 2009 ONCA 696 illustrates the principle that where tragic circumstances intervene there may be a reduction in sentence :
[3] However, the fresh evidence we have received, and which the Crown accepts as accurate, is compelling. The respondent’s own health has deteriorated significantly this year and, tragically, his son is terminally ill with brain cancer. For this reason, and this reason only, we would not alter the custodial sentence imposed by the trial judge.
Commissioner Cavoukian Orders Crown attorneys to stop collecting personal information on prospective jurors
TORONTO, Oct. 5 /CNW/ - Ontario Information and Privacy Commissioner, Dr. Ann Cavoukian, today ordered Crown attorneys to cease collecting any personal information of potential jurors, beyond that which is necessary under the Juries Act and Criminal Code. Proposing a fundamental shift in the way that prospective jurors are screened, the Commissioner also called on the Ministry of the Attorney General (MAG) to implement a single, centralized juror screening process through the existing Provincial Jury Centre, minimizing the need for numerous background checks to be conducted across multiple offices.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
SEVEN THINGS WE SHOULD KNOW BUT PROBABLY DON'T
1. Money isn't made out of paper, it's made out of cotton.
2. The dot over the letter i is called a 'tittle'
3. A raisin dropped in a glass of fresh champagne will bounce up and down continuously from the bottom of the glass to the top. (that makes my day!)
4. Susan Lucci is the daughter of Phyllis Diller.
5. 40% of Mc Donald 's profits come from the sales of Happy Meals.
6. 315 entries in Webster's 1996 Dictionary were misspelled.
7. The 'spot' on 7UP comes from its inventor, who had red eyes. He was albino.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
2. The dot over the letter i is called a 'tittle'
3. A raisin dropped in a glass of fresh champagne will bounce up and down continuously from the bottom of the glass to the top. (that makes my day!)
4. Susan Lucci is the daughter of Phyllis Diller.
5. 40% of Mc Donald 's profits come from the sales of Happy Meals.
6. 315 entries in Webster's 1996 Dictionary were misspelled.
7. The 'spot' on 7UP comes from its inventor, who had red eyes. He was albino.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
TTC - Toronto Transit Commission
The better way is failing. I used to find North York downtown was half an hour. Now it's never less than 40 minutes. Today a full hour.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The Prime Minister is talented
Apparently he is quite an entertaining musician.
I propose we give him a full time show on CBC -- that way he can work full time on something that will give Canadians a smile ... .
Sunday, October 4, 2009
One more reason, as if one was needed, to loath the Nazis
Despite their pretensions the Nazis were cultural vandals (yes, Furtwängler did a good job on Wagner but that's pretty small beer compared to what else happened under Hitler).
The nature of Nazi know-nothingness was illustrated by a radio program on NPR tonight: world premiers of music by Felix Mendelssohn.
Remarkable stuff -- almost like Bach but written by a 12 year old.
A vast quantity of Mendelssohn's music remained in manuscript unknown sitting in boxes in a library in Berlin. In the late 1930's the Nazis banned Mendelssohn and his manuscripts were disposed of.
Fortunately even in 1930's Germany people knew not to burn a handwritten score of Mendelssohn so much of the music survived in various unlikely places -- and it has been brought to remarkable life by performance.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The nature of Nazi know-nothingness was illustrated by a radio program on NPR tonight: world premiers of music by Felix Mendelssohn.
Remarkable stuff -- almost like Bach but written by a 12 year old.
A vast quantity of Mendelssohn's music remained in manuscript unknown sitting in boxes in a library in Berlin. In the late 1930's the Nazis banned Mendelssohn and his manuscripts were disposed of.
Fortunately even in 1930's Germany people knew not to burn a handwritten score of Mendelssohn so much of the music survived in various unlikely places -- and it has been brought to remarkable life by performance.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Speedy trials
This story, from the Globe, echoes a point I have made repeatedly (albeit in the Post) -- criminal trials (and civil and family trials) take too long. We have to ensure there is full disclosure -- and there are endless problems with disclosure -- but most Charter fights aren't worth the candle. At base we need fair, but speedy, trials so that matters get resolved one way or another and people can get on with their lives.
Full story here: http://www.theglobeandmail.com/news/opinions/the-slowly-grinding-wheels-of-canadian-justice-are-a-scandal/article1310423/
In March, 2004, British police arrested a group of men in connection with a bomb plot linked to al-Qaeda that, if successful, would have killed hundreds of people.
Simultaneously, Canadian authorities arrested Momin Khawaja, an Ottawa computer specialist, and charged him with being part of the same plot.
Almost 21/2 years ago, in April, 2007, five of those arrested in Britain were sentenced to life in prison for the conspiracy, in a trial that had lasted more than a year. In other words, it took about two years from arrest to the beginning of trial and about three years to conviction.
In Canada, by contrast, Mr. Khawaja was found guilty in October, 2008, of five counts of assisting the British terrorists and not guilty of two others. It took five more months for him to be sentenced, and his term of 101/2 additional years in prison (he spent five years in jail awaiting trial) is being appealed as too lenient by the Crown and too harsh by his counsel.
In other words, it has taken much longer in Canada to get a conviction and final sentencing than in Britain for the same crime. How come?
The Khawaja case illustrates, as do so many others, how slowly the wheels of justice too often move in Canada.
...
A few judges have spoken out on the delays. Michael Moldaver, an Ontario Court of Appeal judge, has warned that the criminal justice system is “on the verge of collapsing under its own weight.”
University of Toronto law professor Michael Code [he's now a judge, JCM] has argued that the perception is growing that the criminal trial system is dysfunctional and that the legal profession bears considerable responsibility for this state of affairs.
Mr. Code, with former judge Patrick Lesage, also produced a report for the provincial government into how to handle complex criminal trials better.
He, and others reformers, have suggested expanding the power of judges to dispense with endless pretrial motions, tightening the forms of disclosure and changing the legal-aid system to reward brevity. Mr. Bentley [Ontario A.G.] is particular annoyed at the many adjournments that plague the trial system.
The Charter, beloved of all lawyers, has introduced whole new layers of argument and appeals within the legal system, especially since the Supreme Court's rulings in Charter cases have generally favoured the accused, as was evidence in the judge's first ruling in the Khawaja case.
Full story here: http://www.theglobeandmail.com/news/opinions/the-slowly-grinding-wheels-of-canadian-justice-are-a-scandal/article1310423/
In March, 2004, British police arrested a group of men in connection with a bomb plot linked to al-Qaeda that, if successful, would have killed hundreds of people.
Simultaneously, Canadian authorities arrested Momin Khawaja, an Ottawa computer specialist, and charged him with being part of the same plot.
Almost 21/2 years ago, in April, 2007, five of those arrested in Britain were sentenced to life in prison for the conspiracy, in a trial that had lasted more than a year. In other words, it took about two years from arrest to the beginning of trial and about three years to conviction.
In Canada, by contrast, Mr. Khawaja was found guilty in October, 2008, of five counts of assisting the British terrorists and not guilty of two others. It took five more months for him to be sentenced, and his term of 101/2 additional years in prison (he spent five years in jail awaiting trial) is being appealed as too lenient by the Crown and too harsh by his counsel.
In other words, it has taken much longer in Canada to get a conviction and final sentencing than in Britain for the same crime. How come?
The Khawaja case illustrates, as do so many others, how slowly the wheels of justice too often move in Canada.
...
A few judges have spoken out on the delays. Michael Moldaver, an Ontario Court of Appeal judge, has warned that the criminal justice system is “on the verge of collapsing under its own weight.”
University of Toronto law professor Michael Code [he's now a judge, JCM] has argued that the perception is growing that the criminal trial system is dysfunctional and that the legal profession bears considerable responsibility for this state of affairs.
Mr. Code, with former judge Patrick Lesage, also produced a report for the provincial government into how to handle complex criminal trials better.
He, and others reformers, have suggested expanding the power of judges to dispense with endless pretrial motions, tightening the forms of disclosure and changing the legal-aid system to reward brevity. Mr. Bentley [Ontario A.G.] is particular annoyed at the many adjournments that plague the trial system.
The Charter, beloved of all lawyers, has introduced whole new layers of argument and appeals within the legal system, especially since the Supreme Court's rulings in Charter cases have generally favoured the accused, as was evidence in the judge's first ruling in the Khawaja case.
You be the judge -- Olympic Logo and Conservative Party Logo
They look a lot alike to me -- in a trademark case, or a passing off action, I'd fell pretty good arguing they were confusing. That said, my guess is the similarity was unintended -- there's no obvious upside for the Olympic designers to copy the Conservative logo.
Harper sets byelections for Nov. 9; Tories play down expectations
Hardly a surprise but it does show the Conservatives believe there will not be an election until the spring.
By The Canadian Press
OTTAWA - Prime Minister Stephen Harper announced Sunday that four byelections will be held Nov. 9.
The four ridings are in British Columbia, Nova Scotia and Quebec.
The Conservatives are downplaying expectations on the outcomes, with one party source saying they don't expect to win any of the races.
The two ridings up for grabs in Quebec - one in Montreal and the other an eastern riding that includes Riviere-du-Loup - are Bloc Quebecois strongholds.
A third riding in the Vancouver-area was held by the NDP
By The Canadian Press
OTTAWA - Prime Minister Stephen Harper announced Sunday that four byelections will be held Nov. 9.
The four ridings are in British Columbia, Nova Scotia and Quebec.
The Conservatives are downplaying expectations on the outcomes, with one party source saying they don't expect to win any of the races.
The two ridings up for grabs in Quebec - one in Montreal and the other an eastern riding that includes Riviere-du-Loup - are Bloc Quebecois strongholds.
A third riding in the Vancouver-area was held by the NDP
Saturday, October 3, 2009
Keep accused names secret?
A reader (Savant) suggests that the names of accused should be withheld pending trial. Savant notes that the reporting of charges is usually big news while the report of an acquittal is minor.
There's some truth there -- I had a client who made the front page of the Sun on arrest and, when charges were stayed years later, had no media coverage at all.
That said, I must respectfully disagree with Savant here. To my mind our criminal system is too hidden as it is. The way wrongful convictions come to light, for example, is by publicity. Would Truscott have been vindicated without the press?
Still, Savant is right that being charged is not being convicted.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Crimes that society cannot forgive
There are certain crimes that are so repugnant to society that they are never forgiven.
The most obvious example is possession of child pornography. Someone convicted of that crime -- indeed even someone accused of that crime -- can never be rehabilitated.
A murderer can, after time, be re accepted back in society but not someone convicted of possessing child porn.
Now one can debate if this makes sense -- are there really good reasons to treat possession of child pornography so differently from other crimes -- but it is the reality. And recognising the reality we have to be specially careful not to rush to judgment in child pornography cases.
Here, of course, I am thinking of the Nova Scotia bishop.
He's been charged and accused -- but before he is labelled guilty let's have a trial. Perhaps the laptop seized was shared by several people -- the laptop I have at work is used by anyone in my office who has to travel. Perhaps there is some other explanation.
Let's see if we have a conviction before we conduct sentencing.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The most obvious example is possession of child pornography. Someone convicted of that crime -- indeed even someone accused of that crime -- can never be rehabilitated.
A murderer can, after time, be re accepted back in society but not someone convicted of possessing child porn.
Now one can debate if this makes sense -- are there really good reasons to treat possession of child pornography so differently from other crimes -- but it is the reality. And recognising the reality we have to be specially careful not to rush to judgment in child pornography cases.
Here, of course, I am thinking of the Nova Scotia bishop.
He's been charged and accused -- but before he is labelled guilty let's have a trial. Perhaps the laptop seized was shared by several people -- the laptop I have at work is used by anyone in my office who has to travel. Perhaps there is some other explanation.
Let's see if we have a conviction before we conduct sentencing.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Teen mayor seeks recount after losing on a draw from a hat
This is silly. Choosing a mayor by drawing straws? I suppose it's impartial but somehow it doesn't feel right:
Canwest News Service
Published: Saturday, October 03, 2009
Briefly the mayor of Paradise, N. L., Kurtis Coombs, 19, is seeking a judicial recount after losing the race to his opponent on a draw from a hat. "I'm going to fight it to the end. I mean drawing a name from a hat?" Mr. Coombs said. "I always thought it was supposed to be the people that spoke." The draw resulted when a recount of his three-vote lead in this week's municipal election in Paradise, outside St. John's, ended in a tie. According to the province's Elections Act, the resolution to a tie vote is to put both candidate's names on slips of paper -- the winner being the one whose name is drawn. That gave the election to the incumbent, Ralph Wiseman. Mr. Coombs is objecting to one of the ballots turned over to Mr. Wiseman's favour during the recount. If the matter goes to a judicial recount, that ballot could potentially shift the pendulum.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Canwest News Service
Published: Saturday, October 03, 2009
Briefly the mayor of Paradise, N. L., Kurtis Coombs, 19, is seeking a judicial recount after losing the race to his opponent on a draw from a hat. "I'm going to fight it to the end. I mean drawing a name from a hat?" Mr. Coombs said. "I always thought it was supposed to be the people that spoke." The draw resulted when a recount of his three-vote lead in this week's municipal election in Paradise, outside St. John's, ended in a tie. According to the province's Elections Act, the resolution to a tie vote is to put both candidate's names on slips of paper -- the winner being the one whose name is drawn. That gave the election to the incumbent, Ralph Wiseman. Mr. Coombs is objecting to one of the ballots turned over to Mr. Wiseman's favour during the recount. If the matter goes to a judicial recount, that ballot could potentially shift the pendulum.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Here the emphasis is on deterrence:
Two more years for 'Toronto 18' member, judge says Judge rejects defence arguments about how time in segregation should be credited
BRAMPTON, Ont. — The Canadian Press
A convicted member of the Toronto 18 terrorist group was sentenced to serve another two years in custody Friday for his role in a plot to wreak havoc on Canadian targets.
Both the Crown and defence had asked the judge to sentence Ali Dirie to seven years but differed on how much credit he should have had for time served.
In passing sentence, Ontario Superior Court Justice Bruce Durno said terrorism offences "strike at the heart" of Canadian values.
"His moral culpability is high," Justice Durno said.
"His degree of responsibility is also high because of the duration of his involvement (in the terror group)."
Justice Durno rejected defence calls for three-for-one credit for the time Mr. Dirie served in segregation in various prison facilities following his arrest in August 2005.
He also noted that Mr. Dirie continued his involvement with the group even after his arrest.
"It was his own misconduct (in prison) that contributed in part to his placement in segregation," said Justice Durno, adding that Mr. Dirie was "an unlikely candidate for parole."
The 26-year-old Dirie pleaded guilty to taking part in and helping the group obtain weapons and travel documents in a plot to attack Canadian targets, which included RCMP headquarters and Parliament.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Two more years for 'Toronto 18' member, judge says Judge rejects defence arguments about how time in segregation should be credited
BRAMPTON, Ont. — The Canadian Press
A convicted member of the Toronto 18 terrorist group was sentenced to serve another two years in custody Friday for his role in a plot to wreak havoc on Canadian targets.
Both the Crown and defence had asked the judge to sentence Ali Dirie to seven years but differed on how much credit he should have had for time served.
In passing sentence, Ontario Superior Court Justice Bruce Durno said terrorism offences "strike at the heart" of Canadian values.
"His moral culpability is high," Justice Durno said.
"His degree of responsibility is also high because of the duration of his involvement (in the terror group)."
Justice Durno rejected defence calls for three-for-one credit for the time Mr. Dirie served in segregation in various prison facilities following his arrest in August 2005.
He also noted that Mr. Dirie continued his involvement with the group even after his arrest.
"It was his own misconduct (in prison) that contributed in part to his placement in segregation," said Justice Durno, adding that Mr. Dirie was "an unlikely candidate for parole."
The 26-year-old Dirie pleaded guilty to taking part in and helping the group obtain weapons and travel documents in a plot to attack Canadian targets, which included RCMP headquarters and Parliament.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Self employed vs employee
Today's Globe says the Conservatives may extent parental leave benefits to self-employed people.
Let's pass over the specific issue and look more generally.
Self-employed people generally do not get employment or similar benefits but have the advantage of tax deductions not available to employees.
Thus, as an employee I cannot deduct business expenses. As a result, if I make a salary of $65,000 I pay tax on $65,000. But if I am self employed I can deduct many "business" expenses that give me a personal benefit and which I'd pay regardless of being self-employed or not (look at auto or travel expenses).
In theory the business expenses should be deductible only to the extent they are not of personal benefit but that's not the reality.
What really happens with many "self-employed" is that people who are functionally employees become, say, a consultant, and take a smaller income which amounts to the same as an employment income once tax advantages are considered. It means the government is silently subsidising employment (albeit disguised as "self-employment").
Giving the "self-employed" the federal benefits of the employed merely increases the subsidy.
What is happening is a distortion of the labour market as a result of tax policy. This is a major issue that underlies the specific issue of parental benefits.
Let's pass over the specific issue and look more generally.
Self-employed people generally do not get employment or similar benefits but have the advantage of tax deductions not available to employees.
Thus, as an employee I cannot deduct business expenses. As a result, if I make a salary of $65,000 I pay tax on $65,000. But if I am self employed I can deduct many "business" expenses that give me a personal benefit and which I'd pay regardless of being self-employed or not (look at auto or travel expenses).
In theory the business expenses should be deductible only to the extent they are not of personal benefit but that's not the reality.
What really happens with many "self-employed" is that people who are functionally employees become, say, a consultant, and take a smaller income which amounts to the same as an employment income once tax advantages are considered. It means the government is silently subsidising employment (albeit disguised as "self-employment").
Giving the "self-employed" the federal benefits of the employed merely increases the subsidy.
What is happening is a distortion of the labour market as a result of tax policy. This is a major issue that underlies the specific issue of parental benefits.
Friday, October 2, 2009
When justice and security collide
Toronto Star
Courts have maintained proper balance between rights of the accused and national security
James Morton
past president of the Ontario Bar Association
Just a few weeks after Prime Minister Stephen Harper raised fears of left-wing ideologues on the bench, Public Safety Minister Peter Van Loan said he fears for the government's ability to fight terrorism.
Van Loan complained of "an increasingly complex legal environment" in which judges are no longer deferring to the government in its efforts to deport foreign suspects. "It raises questions about whether we can protect national security," he said.
Certainly it has been a difficult few months for the government's anti-terrorism policy. Judges have not been notably supportive of government positions.
The Federal Court of Appeal recently upheld a ruling requiring the government to ask the Americans to bring Omar Khadr to Canada. That case is going to the Supreme Court but most observers do not see a government victory as likely.
Three security certificate cases, in which non-Canadians are subject to deportation on ministerial certificates, also look close to collapse.
But in each of these cases – the very cases Van Loan was commenting on – collapse has not been the result of judicial activism but because of weaknesses in the cases themselves.
http://www.thestar.com/comment/article/704121
Courts have maintained proper balance between rights of the accused and national security
James Morton
past president of the Ontario Bar Association
Just a few weeks after Prime Minister Stephen Harper raised fears of left-wing ideologues on the bench, Public Safety Minister Peter Van Loan said he fears for the government's ability to fight terrorism.
Van Loan complained of "an increasingly complex legal environment" in which judges are no longer deferring to the government in its efforts to deport foreign suspects. "It raises questions about whether we can protect national security," he said.
Certainly it has been a difficult few months for the government's anti-terrorism policy. Judges have not been notably supportive of government positions.
The Federal Court of Appeal recently upheld a ruling requiring the government to ask the Americans to bring Omar Khadr to Canada. That case is going to the Supreme Court but most observers do not see a government victory as likely.
Three security certificate cases, in which non-Canadians are subject to deportation on ministerial certificates, also look close to collapse.
But in each of these cases – the very cases Van Loan was commenting on – collapse has not been the result of judicial activism but because of weaknesses in the cases themselves.
http://www.thestar.com/comment/article/704121
Thursday, October 1, 2009
I just don't understand this love of guns
A gun is a tool, albeit a very dangerous tool. I don't think they should be banned -- anymore than a chainsaw should be banned -- but they ought to be regulated.
Justices to Decide if State Gun Laws Violate Rights
By Robert Barnes
The Supreme Court set up a historic decision on gun control Wednesday, saying it will rule on whether restrictive state and local laws violate the Second Amendment right to gun ownership that it recognised last year.
To view the entire article, go to
http://www.washingtonpost.com/wp-dyn/content/article/2009/09/30/AR2009093001723.html?referrer=emailarticle
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Justices to Decide if State Gun Laws Violate Rights
By Robert Barnes
The Supreme Court set up a historic decision on gun control Wednesday, saying it will rule on whether restrictive state and local laws violate the Second Amendment right to gun ownership that it recognised last year.
To view the entire article, go to
http://www.washingtonpost.com/wp-dyn/content/article/2009/09/30/AR2009093001723.html?referrer=emailarticle
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Solicitor's Assessments
The factors to be considered in assessing a legal account are well known. Today's Court of Appeal decision in Sutts, Strosberg LLP v. Atlas Cold Storage Holdings Inc., 2009 ONCA 690 restates those principles clearly:
[15] She then went on to list the factors that are relevant in determining the reasonableness of the fee at para. 51, including:
(a) the time expended;
(b) the factual and legal complexities of the matters to be dealt with;
(c) the degree of responsibility assumed by the lawyer;
(d) the monetary value of the matters in issue;
(e) the importance of the matter to the client;
(f) the degree of skill and competence demonstrated by the lawyer;
(g) the results achieved;
(h) the ability of the client to pay; and
(i) the expectations of the client as to the amount of the fee.
...
[18] In my view, the motion judge applied the proper test in considering the relevant factors enumerated above ... .
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
[15] She then went on to list the factors that are relevant in determining the reasonableness of the fee at para. 51, including:
(a) the time expended;
(b) the factual and legal complexities of the matters to be dealt with;
(c) the degree of responsibility assumed by the lawyer;
(d) the monetary value of the matters in issue;
(e) the importance of the matter to the client;
(f) the degree of skill and competence demonstrated by the lawyer;
(g) the results achieved;
(h) the ability of the client to pay; and
(i) the expectations of the client as to the amount of the fee.
...
[18] In my view, the motion judge applied the proper test in considering the relevant factors enumerated above ... .
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Spell check follies
My spell checker changes "Niagara" to "Nigeria".
So for days I have been writing to people about an upcoming trial I may have to do next year in ... Nigeria.
Ooopsie.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Newspapers and deconstructing to reality
There is no question but that different newspapers give a different view of the world.
Reading one paper you would think the next government is bound to be [fill in a name].
You have to read each source (including me) with a view to the slant so you can deconstruct and find reality.
What I've noticed though is that the spin, if I can call it that, is largely based on story selection rather than on explicit bias. And story selection is an art.
Each story is fairly straight and unbiased. But put together?
Consider this -- you want to paint the Liberals in disarray. Easy -- do a lot of stories about malcontented Liberals and the concept emerges. You can always find malcontents in any Party. You want to paint the NDP as radical crazies? Easy -- do a lot of stories on radical proposals for change from NDP members. And every Party (even my own) always has radicals making radical suggestions.
When I have time I read Al Jezeera -- they have an obvious slant. But each story is fairly straight. So long as you recognize the spin you can deconstruct and get the news.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Reading one paper you would think the next government is bound to be [fill in a name].
You have to read each source (including me) with a view to the slant so you can deconstruct and find reality.
What I've noticed though is that the spin, if I can call it that, is largely based on story selection rather than on explicit bias. And story selection is an art.
Each story is fairly straight and unbiased. But put together?
Consider this -- you want to paint the Liberals in disarray. Easy -- do a lot of stories about malcontented Liberals and the concept emerges. You can always find malcontents in any Party. You want to paint the NDP as radical crazies? Easy -- do a lot of stories on radical proposals for change from NDP members. And every Party (even my own) always has radicals making radical suggestions.
When I have time I read Al Jezeera -- they have an obvious slant. But each story is fairly straight. So long as you recognize the spin you can deconstruct and get the news.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
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