There remains grave danger that Pakistan will fall apart. A friend who is from Pakistan, and is a Canadian jurist now, has said he dares not return to his hometown for fear if being attacked. He described the situation in Pakistan as untenable.
http://www.nationalpost.com/m/story.html?id=2090665&s=Home
Augustine Anthony, Reuters
Saturday, Oct. 10, 2009

RAWALPINDI, Pakistan -- Pakistani army commandos surrounded an office building in Rawalpindi on Sunday where suspected Taliban militants who attacked army headquarters were holding up to 15 hostages.
The brazen attack on the tightly guarded headquarters in the garrison city of Rawalpindi on Saturday came as the military prepared a major offensive against the militants in their northwestern stronghold of South Waziristan on the Afghan border.
The strike at the heart of the powerful military is likely to revive fears for nuclear-armed Pakistan's stability at a time when the United States needs its help in the campaign against an intensifying insurgency in Afghanistan.
Gunmen wearing army uniforms attacked the army headquarters on Saturday killing six soldiers in a gun battle at a main gate of the sprawling complex.
Four of the gunmen were killed and two of their wounded colleagues were captured, security officials said. But four or five gunmen fled and took hostages in a security agency office building near the headquarters.
"Commandos have taken up positions and are waiting for the go-ahead orders," a security official, who declined to be identified, said on Sunday.
Military spokesman Major General Athar Abbas said plans were being drawn up to save as many of the hostages as possible.
"We're facing an extraordinary situation. It's a very difficult hostage situation," Abbas told Geo television.
Pakistani Taliban militants linked to al Qaeda have launched numerous attacks in Pakistan over the past couple of years, most aimed at the government and security forces, including bomb attacks in Rawalpindi.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Saturday, October 10, 2009
Sometime the truth leaks out...
Two people can keep a secret... So long as one of them is dead!
Top bureaucrats objected to government ad campaign, sources say
The Canadian Press
Oct 10, 2009 11:01
OTTAWA. A partisan government advertising campaign paid for by taxpayers raised alarms from the outset among senior public servants who serve Prime Minister Stephen Harper, The Canadian Press has learned.
The Privy Council Office, the non-partisan bureaucratic arm of the Prime Minister's Office, has never been comfortable administering the website for the Economic Action Plan and informed Harper of its misgivings at the time of last January's federal budget.
Those misgivings were heard, but overruled.
While the story is being denied by both PCO and PMO, the extraordinary claim originates from several sources within the famously discreet Privy Council Office.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Jury vetting
Interesting story in the Post on Crowns using the police to get detailed background on potential jurors:
http://www.nationalpost.com/m/story.html?id=2088553
The problem here is two-fold.
First, there is the perception that the Crown is not seeking a fair jury but rather one predisposed to convict. That may not be true, but the perception is there and it hurts the reputation of justice. This is especially so in light of the wrongful convictions in Canada.
Second, the practice is probably unlawful. Data collected for one use is not properly used for another. Here it seems various searches were run on confidential government records -- apparently including medical records! -- so as to pick jurors.
It is proper to reject jurors on many grounds. If a police officer tells a Crown, without a special search (or by doing a publicly available search -- say Google), that XYZ is a bad juror that's fine. But using government's resources created for one use in a totally different way is not ok.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
http://www.nationalpost.com/m/story.html?id=2088553
The problem here is two-fold.
First, there is the perception that the Crown is not seeking a fair jury but rather one predisposed to convict. That may not be true, but the perception is there and it hurts the reputation of justice. This is especially so in light of the wrongful convictions in Canada.
Second, the practice is probably unlawful. Data collected for one use is not properly used for another. Here it seems various searches were run on confidential government records -- apparently including medical records! -- so as to pick jurors.
It is proper to reject jurors on many grounds. If a police officer tells a Crown, without a special search (or by doing a publicly available search -- say Google), that XYZ is a bad juror that's fine. But using government's resources created for one use in a totally different way is not ok.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Friday, October 9, 2009
Banning the burqa
Thomas Jefferson said “the legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbor to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.” In the same way that belief in twenty gods or none does no harm to others, so wearing special religious garb, whether that of Wahhabis or Sikhs or Hassid Jews harms none.
That said, the strict covering of women in head to foot garb such as the burqa comes as a shock to many Canadians. Certainly the burqa is way beyond what is usually seen or expected in Canada and poses a major challenge to the integration into Canadian society of women who wear the burqa. But the freedom to practice a religion that is consistent with majority beliefs is hardly a major freedom – the freedoms that must be protected are those that cause discomfort to majorities.
In that context, the Muslim Canadian Congress recently asked Prime Minister Harper’s government to ban face-covering veils such as the burqa because of concerns they oppress women and can compromise security. As a legal matter the request is absurd. There is no doubt that, regardless of whether wearing a burqa is an impediment to the assimilation of its wearer, there is a constitutional right to wear one.
In 2006 the Supreme Court of Canada considered the issue of a 12-year-old Sikh, Gurbaj Singh, who wanted to continue wearing a kirpan (a ceremonial dagger worn by Sikhs) to school. The Court found in favour of Gurbaj Singh and that decision would govern should any government attempt to try to ban burqas.
In Gurbaj Singh’s case the Court held that for a claim to freedom of religion to succeed, an individual should show a sincere belief a practice is connected to a religious obligation. The Court would not judge whether a religious obligation existed but rather would only look to the sincerity of belief. Despite arguments that the burqa is merely cultural, it is obvious that certain Islamic groups sincerely consider wearing the burqa to be a religious obligation. Next, the infringement of freedom of religion should be serious. Again, while not all (or indeed many) Muslims see the burqa as integral to their faith, some do consider the burqa a significant religious obligation. The wearing of a burqa as a part of religious freedom is clear.
That said, an infringement of freedom of religion can be upheld if there was a reasonable justification in a free and democratic society for the infringement. Here, the argument from security seems thin at best – while there are scattered reports of burqas being used to disguise (male) criminals during robberies such incidents are extremely rare. The argument as to gender equality has more strength, but would require some showing that the women wearing the burqa were doing so against their will or, perhaps, that the wearing of a burqa by a trivial number of women was impacting seriously on broader equality rights in Canada. Such a showing would be factually impossible.
Canada has assimilated groups in the past who wear special religious clothing; the Sikh Mountie is almost a Canadian icon. Amish and Hutterite dress raises no concerns anymore. The burqa may not survive long in Canada before it is replaced by a less restrictive headscarf or a headscarf and veil. Regardless, the right to wear a burqa is clear.
That said, the strict covering of women in head to foot garb such as the burqa comes as a shock to many Canadians. Certainly the burqa is way beyond what is usually seen or expected in Canada and poses a major challenge to the integration into Canadian society of women who wear the burqa. But the freedom to practice a religion that is consistent with majority beliefs is hardly a major freedom – the freedoms that must be protected are those that cause discomfort to majorities.
In that context, the Muslim Canadian Congress recently asked Prime Minister Harper’s government to ban face-covering veils such as the burqa because of concerns they oppress women and can compromise security. As a legal matter the request is absurd. There is no doubt that, regardless of whether wearing a burqa is an impediment to the assimilation of its wearer, there is a constitutional right to wear one.
In 2006 the Supreme Court of Canada considered the issue of a 12-year-old Sikh, Gurbaj Singh, who wanted to continue wearing a kirpan (a ceremonial dagger worn by Sikhs) to school. The Court found in favour of Gurbaj Singh and that decision would govern should any government attempt to try to ban burqas.
In Gurbaj Singh’s case the Court held that for a claim to freedom of religion to succeed, an individual should show a sincere belief a practice is connected to a religious obligation. The Court would not judge whether a religious obligation existed but rather would only look to the sincerity of belief. Despite arguments that the burqa is merely cultural, it is obvious that certain Islamic groups sincerely consider wearing the burqa to be a religious obligation. Next, the infringement of freedom of religion should be serious. Again, while not all (or indeed many) Muslims see the burqa as integral to their faith, some do consider the burqa a significant religious obligation. The wearing of a burqa as a part of religious freedom is clear.
That said, an infringement of freedom of religion can be upheld if there was a reasonable justification in a free and democratic society for the infringement. Here, the argument from security seems thin at best – while there are scattered reports of burqas being used to disguise (male) criminals during robberies such incidents are extremely rare. The argument as to gender equality has more strength, but would require some showing that the women wearing the burqa were doing so against their will or, perhaps, that the wearing of a burqa by a trivial number of women was impacting seriously on broader equality rights in Canada. Such a showing would be factually impossible.
Canada has assimilated groups in the past who wear special religious clothing; the Sikh Mountie is almost a Canadian icon. Amish and Hutterite dress raises no concerns anymore. The burqa may not survive long in Canada before it is replaced by a less restrictive headscarf or a headscarf and veil. Regardless, the right to wear a burqa is clear.
Taliban growth
Interesting story from Al Jazeera:
http://english.aljazeera.net/news/americas/2009/10/20091091814483962.html
US: Taliban has grown fourfold
Taliban-led forces fighting US and Nato troops in Afghanistan have increased nearly fourfold since 2006, according to a US intelligence estimate presented to the US president.
The report says that the number of Taliban fighters has grown to 25,000, from 7,000 four years ago, the officials said on Friday as Barack Obama convened a fifth cabinet-level meeting on his country's military strategy in Afghanistan.
http://english.aljazeera.net/news/americas/2009/10/20091091814483962.html
US: Taliban has grown fourfold
Taliban-led forces fighting US and Nato troops in Afghanistan have increased nearly fourfold since 2006, according to a US intelligence estimate presented to the US president.
The report says that the number of Taliban fighters has grown to 25,000, from 7,000 four years ago, the officials said on Friday as Barack Obama convened a fifth cabinet-level meeting on his country's military strategy in Afghanistan.
Full opportunity to make submissions
For the second time in a week, the Court of Appeal has reminded lower courts of the need to ensure the parties have a full opportunity to make submissions. Judicial efficiency cannot trump the right to make submissions. In 6477291 Canada Inc. v. Alcohol and Gaming Commission of Ontario, 2009 ONCA 711 the Court held :
[7] We also agree with the appellant that the Divisional Court erred in respect of the procedure followed by it concerning penalty. It appears that following argument of the main appeal before the Divisional Court, the court reserved its decision. When the Divisional Court thereafter determined to allow the appeal in part, no opportunity was afforded to the parties to make submissions concerning the appropriate sanction in light of the Divisional Court’s decision. Nor had such submissions been invited or received earlier. This was a denial of natural justice. Accordingly, the sanction imposed by the Divisional Court cannot stand.
Knut and the apple
Perhaps Knut and Giovanna would have done better than Adam and Eve, at least with regard to apples:
Current laws protect prostitutes? News to me
This argument is silly. Whether prostitution related offences should be decriminalized (remember prostitution itself is legal) is an issue to debate -- but there can be no doubt that making running a bawdy house, for example, a crime, makes it harder for the inmates of the bawdy house to get assistance from police.
Current laws protect prostitutes, argue opponents
As legal arguments continue into a challenge of Canada's prostitution laws, those who oppose the sex trade say the current laws are actually the best way to protect prostitutes.
Joanne McGarry of the Catholic Civil Rights League, one of the groups that has been granted the right to legally intervene in the case, says effectively decriminalizing prostitution would not end violence against prostitutes.
"There are risks inherent to the occupation that don't relate to whether it's legal or illegal," McGarry told Canada AM Wednesday.
"In a certain percentage of cases, there will always be people attracted to prostitution for the purpose of dealing harm. I think the laws we have now provide the police with some means for reducing that harm
Current laws protect prostitutes, argue opponents
As legal arguments continue into a challenge of Canada's prostitution laws, those who oppose the sex trade say the current laws are actually the best way to protect prostitutes.
Joanne McGarry of the Catholic Civil Rights League, one of the groups that has been granted the right to legally intervene in the case, says effectively decriminalizing prostitution would not end violence against prostitutes.
"There are risks inherent to the occupation that don't relate to whether it's legal or illegal," McGarry told Canada AM Wednesday.
"In a certain percentage of cases, there will always be people attracted to prostitution for the purpose of dealing harm. I think the laws we have now provide the police with some means for reducing that harm
Obama wins Peace Prize
President Barack Obama won the 2009 Nobel Peace Prize on Friday for "his extraordinary efforts to strengthen international diplomacy and cooperation between peoples," the Norwegian Nobel Committee said, citing his outreach to the Muslim world and attempts to curb nuclear proliferation.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The GG as Head of State
The GG is, of course, technically wrong when she spoke of being Head of State.
But when I argued, in the Ontario Court of Appeal, that the law banning Roman Catholics from being Head of State was a problem the Court responded by pointing out we have had Catholic GGs... .
Maybe the GG had a point?
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Thursday, October 8, 2009
'Toronto 18' leader pleads guilty
It seems that the wheels of justice, though they turn slowly, do turn. For all the concern, the criminal system works.
'Toronto 18' leader pleads guilty
Zakaria Amara relentlessly worked toward a goal of causing mayhem and mass casualties on Canadian streets
Colin Freeze
Toronto— Globe and Mail Update
Zakaria Amara, the 24-year-old Canadian mastermind of an al-Qaeda-inspired plot to explode truck bombs in downtown Toronto, entered a surprise guilty plea to terrorism charges in the so-called "Toronto 18" case this morning.
Mr. Amara pleaded guilty to two counts of terrorism.
He faces life in prison – prosecutors are unlikely to show any leniency.
He was presumed innocent during the three years he maintained a not-guilty plea. But his plea today may render the prosecution of related cases anti-climatic as the six remaining suspects head toward trial this winter.
...
His plea leaves only six other suspects who remain before the courts in the so-called "Toronto 18" conspiracy. The rest of the 18 suspects arrested three years ago have either been found guilty (five in total now) or had charges against them stayed (seven).
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
'Toronto 18' leader pleads guilty
Zakaria Amara relentlessly worked toward a goal of causing mayhem and mass casualties on Canadian streets
Colin Freeze
Toronto— Globe and Mail Update
Zakaria Amara, the 24-year-old Canadian mastermind of an al-Qaeda-inspired plot to explode truck bombs in downtown Toronto, entered a surprise guilty plea to terrorism charges in the so-called "Toronto 18" case this morning.
Mr. Amara pleaded guilty to two counts of terrorism.
He faces life in prison – prosecutors are unlikely to show any leniency.
He was presumed innocent during the three years he maintained a not-guilty plea. But his plea today may render the prosecution of related cases anti-climatic as the six remaining suspects head toward trial this winter.
...
His plea leaves only six other suspects who remain before the courts in the so-called "Toronto 18" conspiracy. The rest of the 18 suspects arrested three years ago have either been found guilty (five in total now) or had charges against them stayed (seven).
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Keep your eyes on the prize
Paul and Silas bound in jail
Had no money for to go their bail
Keep your eyes on the prize, hold on
Paul and Silas thought they was lost
Dungeon shook and the chains come off
Keep your eyes on the prize, hold on
Freedom's name is mighty sweet
And soon we're gonna meet
Keep your eyes on the prize, hold on
I got my hand on the gospel plow
Won't take nothing for my journey now
Keep your eyes on the prize, hold on
Hold on, hold on
Keep your eyes on the prize, hold on
Only chain that a man can stand
Is that chain o' hand on hand
Keep your eyes on the prize, hold on
I'm gonna board that big greyhound
Carry the love from town to town
Keep your eyes on the prize, hold on
Hold on, hold on
Keep your eyes on the prize, hold on
Hey!
Hey!
Now only thing I did was wrong
Stayin' in the wilderness too long
Keep your eyes on the prize, hold on
The only thing we did was right
Was the day we started to fight
Keep your eyes on the prize, hold on
Hold on, hold on
Keep your eyes on the prize, hold on
One, two!
(The only thing we did was wrong)
(Staying in the wilderness too long)
(Keep your eyes on the prize, hold on)
Woah, woah!
(The only thing we did was right)
(Was the day we started to fight)
(Keep your eyes on the prize, hold on)
Hold on, hold on
Keep your eyes on the prize, hold on
Hold on, hold on
Keep your eyes on the prize, hold on
Ain't been to heaven but I been told
Streets up there are paved with gold
Michael Ignatieff
I've been in a trial for the last few weeks and haven't been as diligent posting as I might. Posting? Heck, I haven't been as diligent sleeping as I might!!!
But tonight I saw the Leader briefly (and somewhat unexpectedly) and was struck by his grace and charm.
Michael is a thoughtful, passionate and compassionate man. He is a thinker and says what he thinks. That's not always politically be most expedient but Canadians aren't foolish.
Pandering, which is easy, may get a vote or two in the short run but in the long run Canadians see who thinks and understands. Laurier, King, Trudeau and, let's be fair
John A. Macdonald, were thoughtful careful people with an idea, a concept, a vision, of Canada.
Michael Ignatieff offers a deep, open and compassionate vision of Canada. Michael's vision is not sugar coated but is tough and realistic -- while taking into account the need to remember our duty to those less able to compete.
In this last respect I am reminded of the Pope's last encyclical -- much is expected from those to whom much is given.
It will take time, as it did with Pearson, but we will prevail. As Bob Dylan said, "keep your eyes on the prize, hold on, hold on".
But tonight I saw the Leader briefly (and somewhat unexpectedly) and was struck by his grace and charm.
Michael is a thoughtful, passionate and compassionate man. He is a thinker and says what he thinks. That's not always politically be most expedient but Canadians aren't foolish.
Pandering, which is easy, may get a vote or two in the short run but in the long run Canadians see who thinks and understands. Laurier, King, Trudeau and, let's be fair
John A. Macdonald, were thoughtful careful people with an idea, a concept, a vision, of Canada.
Michael Ignatieff offers a deep, open and compassionate vision of Canada. Michael's vision is not sugar coated but is tough and realistic -- while taking into account the need to remember our duty to those less able to compete.
In this last respect I am reminded of the Pope's last encyclical -- much is expected from those to whom much is given.
It will take time, as it did with Pearson, but we will prevail. As Bob Dylan said, "keep your eyes on the prize, hold on, hold on".
Class actions
Today's Supreme Court of Canada decision in Marcotte v. Longueuil (City), 2009 SCC 43, although arising under the Quebec Code, may have relevance across Canada. Among other things the Court holds that class actions are inappropriate for matters where summary disposition is appropriate. This point relies on the provisions of the Code but the principle is likely of broad application:
H. Jurisdictional Issues
[41] The actions the appellants wish to institute fall undeniably within the ambit of art. 33 C.C.P. But other causes of nullity, such as formal defects and irregularities, would instead fall within the framework of annulment proceedings over which the Superior Court is granted jurisdiction in statutes relating to municipalities, such as the Cities and Towns Act, s. 397, and the Municipal Code of Québec, R.S.Q., c. C‑27.1, arts. 689 and 690. In many cases, there is a fine line between the subject matter of a motion for annulment and that of an action in nullity under art. 33 (see Rousseau, at pp. 766‑68; Hétu and Duplessis, at p. 8 553; Immeubles Port Louis Ltée v. Lafontaine (Village), at pp. 343‑46, per Gonthier J.). Recourse to the class action in such situations could hamper the conduct of proceedings that are in principle simple and quick, and would hardly be consistent with the principle of proportionality set out in art. 4.2 C.C.P.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
H. Jurisdictional Issues
[41] The actions the appellants wish to institute fall undeniably within the ambit of art. 33 C.C.P. But other causes of nullity, such as formal defects and irregularities, would instead fall within the framework of annulment proceedings over which the Superior Court is granted jurisdiction in statutes relating to municipalities, such as the Cities and Towns Act, s. 397, and the Municipal Code of Québec, R.S.Q., c. C‑27.1, arts. 689 and 690. In many cases, there is a fine line between the subject matter of a motion for annulment and that of an action in nullity under art. 33 (see Rousseau, at pp. 766‑68; Hétu and Duplessis, at p. 8 553; Immeubles Port Louis Ltée v. Lafontaine (Village), at pp. 343‑46, per Gonthier J.). Recourse to the class action in such situations could hamper the conduct of proceedings that are in principle simple and quick, and would hardly be consistent with the principle of proportionality set out in art. 4.2 C.C.P.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Submissions in open court
Today's Court of Appeal decision in Palkowski v. Ivancic, 2009 ONCA 705 reminds us of the importance of allowing parties to make submissions in open court.
The Court, in a summary paragraph, writes:
[1] This appeal is about the attempt of a motion judge to deal with a routine pleading motion in an efficient and cost-effective manner. The motion judge carefully prepared for the motion ahead of time and called the parties' counsel out of the courtroom into her anteroom to receive her disposition without affording them an adequate opportunity to make submissions. I would allow the appeal because the motion judge erred by failing to provide counsel with a proper opportunity to make submissions before deciding the matter and because she erred in her disposition of the motion. I also find that the motion judge erred by failing to hear the motion in open court, but given the other grounds for allowing the appeal, I find it unnecessary to consider whether this failure would vitiate the decision she made.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
The Court, in a summary paragraph, writes:
[1] This appeal is about the attempt of a motion judge to deal with a routine pleading motion in an efficient and cost-effective manner. The motion judge carefully prepared for the motion ahead of time and called the parties' counsel out of the courtroom into her anteroom to receive her disposition without affording them an adequate opportunity to make submissions. I would allow the appeal because the motion judge erred by failing to provide counsel with a proper opportunity to make submissions before deciding the matter and because she erred in her disposition of the motion. I also find that the motion judge erred by failing to hear the motion in open court, but given the other grounds for allowing the appeal, I find it unnecessary to consider whether this failure would vitiate the decision she made.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
HOLY THURSDAY
Thinking of Blake I remembered this wonderful piece:
'Twas on a holy Thursday, their innocent faces clean,
The children walking two and two, in red, and blue, and green:
Grey-headed beadles walked before, with wands as white as snow,
Till into the high dome of Paul's they like Thames waters flow.
O what a multitude they seemed, these flowers of London town!
Seated in companies they sit, with radiance all their own.
The hum of multitudes was there, but multitudes of lambs,
Thousands of little boys and girls raising their innocent hands.
Now like a mighty wind they raise to heaven the voice of song,
Or like harmonious thunderings the seats of heaven among:
Beneath them sit the aged men, wise guardians of the poor.
Then cherish pity, lest you drive an angel from your door.
Rose fingered dawn
Odd how memory works.
Sitting in my office watching sunrise I thought back to High School Latin.
"Rose fingered dawn".
Do others remember that?
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
EKOS Poll
EKOS is often an outlier. That said, information we need to consider:
Conservatives extend poll lead over Liberals
CBC News
...
The EKOS poll, released Thursday exclusively to the CBC, found that 39.7 per cent of respondents supported the Conservatives, while the Liberals had 25.7 per cent backing. The New Democratic Party had the support of 15.2 per cent of respondents, with the Green Party and the Bloc Québécois both at 9.7 per cent.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
Conservatives extend poll lead over Liberals
CBC News
...
The EKOS poll, released Thursday exclusively to the CBC, found that 39.7 per cent of respondents supported the Conservatives, while the Liberals had 25.7 per cent backing. The New Democratic Party had the support of 15.2 per cent of respondents, with the Green Party and the Bloc Québécois both at 9.7 per cent.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4
416 225 2777
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
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