Flocke

Time to kill Mr. Big

The criminal justice system exists to convict and punish the guilty. When the innocent are convicted there are two failures: an innocent is punished but almost as important a criminal goes free.

Such wrongful cases have become all too familiar in Canada; the cases of Donald Marshall Jr., David Milgaard, Erin Walsh and Erin Walsh have all shown the fallibility of Canadian justice.

The Kyle Unger case is just the latest example of an innocent man, freed after a wrongful conviction and years in prison. Unger was convicted of a brutal sex slaying of a teenager at a rock concert -- a killing that now seems likely to have been committed by someone who told the RCMP Unger was the killer.

What went wrong? How could the wrong man be convicted?

There was some mischaracterized physical evidence -- for example a hair supposed to be from Unger was not his. But that evidence was not enough to drive the wrongful conviction. As Manitoba Justice Minister Dave Chomiak said " all the other available evidence would not have sent him to jail".

What convicted Unger was a confession, a confession that, in hindsight was clearly false and obtained by police in a highly questionable fashion.

And that's where the problem arises. Unger's confession was a result of a notorious investigative method -- the "Mr. Big" technique.

In the Mr. Big technique, undercover police pretend to be members of a criminal gang. They befriend a suspect and offer to let the suspect join the gang promising money, drugs, sex or whatever they think will entice the suspect. Eventually, they introduce the suspect to the fake head of the supposed gang -- Mr. Big. Mr. Big then demands a confession to some serious crime in order to "prove" the suspect is worthy of joining the gang and that's where the confession comes in. In Unger's case the technique led to the confession that convicted him.

The tactic is not considered entrapment, because the police are neither committing crimes nor inducing the suspect commit a crime. The right to silence is not brought into play because the suspect is not detained by police (and does not even know he's talking to police). Constitutionally there is no reason to exclude the evidence of a Mr. Big confession.

But Mr. Big confessions are can be unreliable; almost by definition such confessions are made by desperate people who are bragging. Without some corroboration -- say information in the confession that would be known only to the real killer -- the confessions are next to worthless.

Obviously it is easy to blame people like Unger for making a false confession -- he was trying to join a criminal gang. But even if there is some fault on Unger, and he was a young man being manipulated by the RCMP to say exactly what they wanted him to say, the Mr. Big technique allows the real criminal to escape justice and, perhaps, to kill again.

Police must be allowed freedom to use a broad range of investigatory techniques. Mr. Big is a technique that can work but only where it leads to hard evidence directly linking the suspect to the crime. Standing alone Mr. Big is closer to a Mr. Zero -- it leads to unreliable and misleading confessions and should not be allowed in Canadian courts.

Lorne Gunter: How to catch a thief in Toronto

Worth a read:

http://network.nationalpost.com/np/blogs/fullcomment/archive/2009/10/23/lorne-gunter-how-to-catch-a-thief-in-toronto.aspx

To some extent, the justice system is correct to step in between the public and the criminals, to serve as a buffer against the public's desire for revenge. One of the reasons we institutionalized justice as a civilization was to take the bloodlust out of the process.

But criminal justice now has become over-institutionalized. It has too many agendas of its own, separate from the public's. And when the public no longer sees its ends being met through the institutionalized justice system, they are going to be more likely to take matters into their own hands.

Fall

I heard a tree to its sole self complain,
Amid whose boughs of rust and scarlet stain
The solemn sunshine poured its golden rain.

Strange as the mournful sounds that steal through sleep,
As if a mist should strive in dews to weep,
The low, sad cadence past my sense did creep.

"Ah! Little, tender, dancing leaves, that first
Out of my sere and wintry branches did burst,
With mildest showers and April sunshine nurst;

"More verdant garlands, fresh with life and June,
Wherein the light winds played a fairy tune,
And set them glittering to the quiet moon;

"Then in their prime, the thick, green, summer leaves,
Lost in whose rustling depth the cricket grieves,
Or the quaint spider radiant tracery weaves,

"Swift ye forsake, slow fluttering to the ground,
These desolate boughs, no more with glory crowned,
Where every rain may breathe its sighing sound.

"One, and another, and another yet,
No time for grief to ripen to regret,
Full on my brow stands the sharp coronet.

"Did the cold terror, curdling at my heart,
Strike sudden death, and force your clasp apart,
I too were all too chill to feel ye part,

"But warm and fierce the vital torrent flows,
As keener thorns surround the brightest rose,
Death's bitterest draught life's ardor only knows."

Another wrongful conviction?

I guess ooopsie doesn't count as a reasonable comment.

WINNIPEG -- Kyle Unger walked out of a Winnipeg courtroom Friday a free man, ending a nearly-20-year legal odyssey following his conviction for one of the most sensational murders in Manitoba history.

The Crown said it had no evidence to retry Mr. Unger for the murder of 16-year-old Brigitte Grenier in 1990.

Bear paws

Language law ruling -- a compilation of reports

A Supreme Court of Canada ruling on Thursday that declared unconstitutional a provincial law blocking access to English schools has once again rattled Quebec's linguistic peace.

The ruling affects a tiny fraction of the province's schoolchildren, but it prompted dire warnings that the survival of the French language was threatened. Parti Québécois leader Pauline Marois complained that a court "appointed by another nation" had opened a breach in Quebec's sacrosanct language law, while Christine St-Pierre, the Liberal Minister of Culture, said she was "shocked and disappointed" by the ruling.
...

The Charest government's response was quick and unequivocal.

"We are very disappointed with this ruling," said Culture Minister Christine St-Pierre, the cabinet member responsible for languages. "We are going to analyze the judgment in all its details and see what are the options."

St-Pierre emphasized that Bill 104 was adopted in response to an ever-increasing number of students making the leap to the English system using these so-called "bridge" schools.

"That's why in 2002 the law was adopted and it was adopted in unanimity," she said. "We have the legitimacy to legislate on this question."
...
The unanimous decision, written by Justice Louis LeBel of Quebec, said legislation enacted in 2002 had gone too far in trying to rectify a situation that was allowing some immigrant and francophone parents to send their children to public English schools.
...
The ruling prompted a stormy exchange in the National Assembly in Quebec City. Premier Jean Charest said that the primacy of the French language in Quebec was a fundamental value that had to be protected.

Ms. Marois chose to attack the judges in Ottawa. "The Supreme Court, a court appointed by another nation, has just butchered once again a fundamental instrument of the Quebec nation," she said. Mr. Charest called her broadside on the high court "shocking" and noted that yesterday's decision upheld a ruling of the Quebec Court of Appeal.

In a news conference, Ms. St-Pierre said she would do everything possible to protect Quebec's official language. "We represent two per cent of North America, and we have the duty as a government to protect the French language," she said.

For Mario Beaulieu, president of the nationalist Société Saint-Jean-Baptiste of Montreal, the ruling shows the need for Quebec sovereignty.

"It is unacceptable that the future of French in Quebec should be at the mercy of federal institutions controlled by English Canada, like the Supreme Court," he said in a statement.
...
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Castro, Cicero and Demosthenes

Here's a startling image from the TLS.

As a young man Fidel Castro realised his ability to make powerful speeches was critical for a political future. So he practised orations by Cicero and Demosthenes in front of a mirror.

One forgets just how traditional Castro was/is. He was educated by Jesuits and reads good Latin.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Better be cheap!!!

In terms of changes to the Justice system in Ontario, any proposals better not cost money -- better that they save some money.

The Ontario Treasury Board is launching a review of all spending to ensure that the key priorities of the McGuinty government – job creation, health care and education – remain sustainable. Note, these key priorities do not include Justice issues. And that's fair enough -- in times of austerity priorities must be set and job creation, health care and education are sensible.

"We will call on our partners in the public and the broader public sector to help us sustain public services in the long term," Dwight Duncan says. "We will also review all agencies, boards and commissions to ensure they are meeting Ontarians' needs and expectations."

The government is forecasting that the economy will shrink 3.5 per cent this year but make modest gains and grow 2 per cent in 2010. However, Mr. Duncan warns that growth in employment and government revenues will lag behind the economic recovery.

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Plus ça change, plus c'est la même chose.

Looking at the Federal Conservatives today reminds me of the final line of George Orwell's Animal Farm:

"The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which."

(Yes, I realize the unspoken premise)
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Polar obsession

Someone sent me this -- I can't imagine why!!! LOL -- still, it's an amazing cover to a wonderful book ... .

To avoid a big traffic ticket and points

Passed on to me:

This is interesting to know.....

FYI

(I think most of us are unaware of this law......)

To all those who drive in Ontario, please read and be aware!


Hi Friends,

I just had an experience which I hope you will not have to go
through yourselves... I was driving on the 427 South at Burnamthorpe in broad daylight
at 2 p.m., when I came upon two police cruisers who had pulled over a third vehicle. I slowed down to be cautious, and was surprised when the second cruiser pulled out and pulled me over. Approaching on the passenger side, the officer asked if I knew why I had been pulled over. I honestly expressed that I had no idea. He informed me that Ontario law now states that when approaching any emergency vehicle on the roadside with lights flashing, you must enter the left lane. He then proceeded to ticket me, taking three demerits and issuing a fine of, wait for it, . . $490! (Yes, I'm choking as I type that.) I realize I did not change lanes, but I do believe I was cautious.

My message is, be careful. He said that they are cracking down
hard on this because of injured officers. I did not realize this was the law. Neither did any of my recently-licensed children. Or evidently not the other 47 drivers pulled over.

If you want to read the legislation click on the site


http://ogov.newswire.ca/ontario/GPOE/2003/04/03/7335.html?lmatch=&lang=_e.html


Hefty fine if you don't change lanes!!!!!!! 3 demerit points on top
of cash. Go to the link above and check it out.

Please pass this on to your friends.


James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Slight change in polling numbers

The change is small but the trend is helpful:

The lead enjoyed by the Conservative Party over the Liberals in a new poll of voting intentions narrowed slightly last week, although the Tories still maintained a substantial advantage.

According to the latest EKOS poll released exclusively to the CBC, the Conservatives had the support of 38.3 per cent of respondents, down from 40.7 per cent last week.
Liberal support rose to 27.1 per cent from 25.5 per cent.

The NDP rose 0.2 percentage points to 14.5 per cent, while Green Party support grew half a percentage point to 11 per cent.

Support for the Bloc Québécois slipped by 0.1 percentage points to nine per cent.

Mobility Rights

Today's Supreme Court of Canada decision in Nguyen v. Quebec (Education, Recreation and Sports), 2009 SCC 47 deals with mobility rights and minimal impairment.  A summary follows:

 

 

 

Under s. 23(2) of the Canadian Charter of Rights and Freedoms, citizens of Canada of whom any child is receiving or has received instruction in the language of the linguistic minority may have all their children receive primary and secondary school instruction in that same language.  The Charter of the French language ("CFL") establishes that, in principle, French is the common official language of instruction in elementary and secondary schools in Quebec, but the first paragraph of s. 73 provides that children who have received or are receiving the major part of their elementary or secondary instruction in English in Canada may receive instruction in English in a public or subsidized private school in Quebec.  In 2002, paras. 2 and 3 were added to s. 73 CFL in response to concerns about the growing phenomenon of "bridging schools" (écoles passerelles) by which parents whose children were not entitled to instruction in the minority language in Quebec were enrolling their children in unsubsidized private schools ("UPSs") for short periods so that they would be eligible to attend publicly funded English schools.  Paragraph 2 of s. 73 provides that periods of attendance at UPSs are to be disregarded when determining whether a child is eligible to receive instruction in the publicly funded English‑language school system.  Paragraph 3 establishes the same rule with respect to instruction received pursuant to a special authorization granted by the province under s. 81, 85 or 85.1 CFL in a case involving a serious learning disability, temporary residence in Quebec, or a serious family or humanitarian situation.

 

 

 

In the N case, the parents enrolled their children for short periods in UPSs offering instruction in English and then requested that their children be declared eligible for instruction in English in public or subsidized private schools.  The Ministère de l'Éducation du Québec denied all the requests on the basis of para. 2 of s. 73 CFL.  In the B case, B's daughter was declared to be eligible for instruction in the minority language public school system pursuant to a special authorization.  B then invoked s. 23(2) of the Canadian Charter in order to obtain a certificate of eligibility for minority‑language instruction in a public or subsidized private school for his son S on the basis of the instruction being received by S's sister, but he was unsuccessful because of para. 3 of s. 73 CFL.  The Administrative Tribunal of Québec and the Superior Court dismissed proceedings in which the parents asked that the 2002 amendments to the CFL be declared unconstitutional.  The Court of Appeal reversed the decisions and held that paras. 2 and 3 of s. 73 CFL infringed the rights guaranteed by s. 23 of the Canadian Charter and that the infringements were not justified under s. 1 of the Charter.

 

 

 

 

 

Held:  The appeals and the cross‑appeals should be dismissed.  Paragraphs 2 and 3 of s. 73 CFL are unconstitutional.

 

 

 

Paragraphs 2 and 3 of s. 73 CFL infringe s. 23(2) of the Canadian Charter.  Whereas in the protection afforded by the Canadian Charter, no distinction is drawn as regards the type of instruction received by the child, as to whether the educational institution is public or private, or regarding the origin of the authorization pursuant to which instruction is provided in a given language, paras. 2 and 3 of s. 73 CFL provide that instruction received in a UPS or pursuant to a special authorization under s. 82, 85 or 85.1 CFL must be disregarded.  Such periods of instruction are, in a manner of speaking, struck from the child's educational pathway as if they had never occurred.  Since Solski (Tutor of) v. Quebec (Attorney General), 2005 SCC 14, [2005] 1 S.C.R. 201, however, it is settled that the requirement of the "major part" of the instruction, provided for in s. 73 CFL, must be interpreted as giving rise to an obligation to conduct a global qualitative assessment of a child's educational pathway.  That assessment is based on factors that include time spent in different programs of study, at what stage of the child's education the choice of language of instruction was made, what programs are or were available, and whether learning disabilities or other difficulties exist.  The inability to assess a child's educational pathway in its entirety in determining the extent of his or her educational language rights has the effect of truncating the child's reality by creating a fictitious educational pathway that cannot serve as a basis for a proper application of the constitutional guarantees. 

 

 

 

 

 

The objectives of the measures adopted by the Quebec legislature are sufficiently important and legitimate to justify the limit on the guaranteed rights, but the means chosen are not proportional to the objectives.  The purpose of the measures is to protect and promote the French language in Quebec.  Although there is a rational causal connection between the objectives and the 2002 amendments to the CFL, the means chosen by the legislature do not constitute a minimal impairment of the constitutional rights guaranteed by s. 23(2) of the Canadian Charter. 

 

 

 

The prohibition under para. 2 of s. 73 CFL against taking a child's pathway in a UPS into account is total and absolute, and it seems excessive in relation to the seriousness of the problem of bridging schools being used to make obtaining access to minority language schools almost automatic.  When schools are established primarily to bring about the transfer of ineligible students to the publicly funded English‑language system, and the instruction they give in fact serves that end, it cannot be said that the resulting educational pathway is genuine.  However, it is necessary to review the situation of each institution, as well as the nature of its clientele and the conduct of individual clients.  A short period of attendance at a minority language school is not indicative of a genuine commitment and cannot on its own be enough for a child's parent to obtain the status of a rights holder under the Canadian Charter.  This approach makes it possible to avert a return to the principle of freedom of choice of the language of instruction in Quebec, involves a more limited impairment of the guaranteed rights and can more readily be reconciled with the concrete contextual approach recommended in Solski.

 

 

 

 

 

As for para. 3 of s. 73 CFL, it is inconsistent with the principle of preserving family unity provided for in s. 23(2) of the Canadian Charter, as it makes it impossible for children of a family to receive instruction in the same school system.  The special authorizations mechanism falls within the authority of the Quebec government, which can grant authorizations that exceed what it is constitutionally obligated to grant, but cannot, after doing so, deny any rights flowing from the authorizations in question that are guaranteed by the Canadian Charter. 

 

 

 

The Court of Appeal's declaration that paras. 2 and 3 of s. 73 CFL are invalid is upheld, but its effects are suspended for one year.  However, the files of the claimants in the N case are returned to the Ministère de l'Éducation, and if necessary to the Administrative Tribunal of Québec, to be reviewed in light of the criteria established in Solski and in this judgment.  As for S, his file is returned to the person designated by the Minister of Education to immediately issue a certificate of eligibility for instruction in English.

Top court strikes down Quebec English school law

Canada's top court has declared a Quebec law barring certain students from going to public English-language schools unconstitutional, a decision that has "angered" the province's government.

The Supreme Court of Canada released its unanimous ruling on Bill 104 Thursday morning, effectively throwing out two appeals by the Quebec government to preserve the legislation.

The SCOC called Bill 101 "excessive" and lacking nuance, and is giving Quebec one year to replace it with an appropriate compromise.

Quebec's Culture Minister Christine St-Pierre reacted almost immediately to the decision, telling reporters she is "disappointed and angered" by the ruling.

 

Soon the winter will make sights like this a memory...

Conservatives Quebec intra party fight

What is surprising is the airing of dirty linen in public. It would not be the first time a politician was stabbed in the back by someone from their own party but the response is normally not made in the Globe:

http://m.theglobeandmail.com/news/politics/senator-blames-furor-on-tory-colleague/article1332978/?service=mobile



Senator blames furor on Tory colleague

'I'm going to take care of him soon,' Leo Housakos says of caucus-mate who he blames for controversy over Montreal stimulus contract

Jennifer Ditchburn
Ottawa— The Canadian Press

Tory Senator Leo Housakos, embroiled in an ethics controversy over a stimulus contract, is accusing one of his own Conservative caucus members of trying to trip him up.

Mr. Housakos blamed his troubles on "somebody in my own caucus," and said, "I'm going to take care of him soon," La Presse reported Wednesday.

The Senate Ethics Officer, at Mr. Housakos's own request, is looking into the matter of a Montreal engineering firm for which the senator worked winning a $1.4-million stimulus contract. BPR and a consortium will be studying possible repairs or reconstruction of the aging Champlain Bridge.

Mr. Housakos's accusations about his own party were greeted with some amusement by other members, who said privately he is wasting time looking for enemies in his own fold.

A source said he told his colleagues at a Quebec caucus meeting Wednesday he had pre-cleared his business arrangements with the ethics officer in the past and that he wasn't even working for BPR when the company won the contract.

BPR and the BCDE consortium won the contract on Sept. 21. Mr. Housakos's declaration to the ethics officer said he left the company Oct. 1.

Mr. Housakos and BPR said he had nothing to do with the contract, and worked for BPR's wholly owned subsidiary TerrEau, which had no contact with the federal government.

The 41-year-old senator wields important power in the party as one its key organizers in Quebec, skills he honed when he worked with Montreal Mayor Gerald Tremblay and as head of the Action Democratique du Quebec's fundraising arm.

On May 20, Mr. Housakos organized a major Conservative fundraiser in Montreal featuring Prime Minister Stephen Harper, for which he was roundly congratulated.

Some of the figures on the guest list that night would go on to be placed in high-profile government posts within a matter of weeks or months.

Among them:

Jean-Martin Masse: The lawyer and Montreal businessman was appointed to Via Rail's board of directors on June 19, 2009. He and Mr. Housakos were members of the Progressive Conservative party's youth wing and worked together within the ADQ. Mr. Masse was an executive at an advertising firm that provided technical assistance to Mr. Housakos to do business under the firm's name in Greece.

Nick Katalifos: a long-time Montreal school principal was appointed to the Employment Insurance Board of Referees on Sept. 9, 2009. He and Mr. Housakos co-founded a small international consulting firm called Quadvision International.

Claude Carignan: the mayor of Saint-Eustache was appointed to the Senate on Aug. 27, 2009. He and Mr. Housakos worked together at the highest levels of the ADQ, where Mr. Carignan was a party co-founder.

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Recreational stimulus favours Tory ridings -- perhaps this is just a selection effect?

This story is interesting because it shows in measurable terms a differentiation between Conservative and other ridings.

In fairness, there may be a selection effect -- Conservative ridings tend to be more rural and perhaps the urban ridings have facilities already so a politically neutral placement of funding could lead to an apparent Conservative bias. Or, if the reason ridings went Conservative is because they are under serviced (a protest vote), then a politically neutral funding mechanism would give those under serviced ridings more money. It could be that being Conservative is merely co incident with factors that are appropriate for extra funding so that being Conservative doesn't cause the funding -- all men who drive blue cars eventually die but that doesn't mean driving blue cars is deadly.

That said, the attempts by the Federal government to avoid the analysis suggests they don't believe the selection bias argument will wash. Still, it ought to be considered:

http://m.theglobeandmail.com/news/politics/recreational-stimulus-favours-tory-ridings/article1332609/?service=mobile

Recreational stimulus favours Tory ridings

Hockey rinks and other facilities in Conservative seats got 33 per cent more funding than others in Ontario, Globe analysis shows


Minor-league hockey players take the ice at a Toronto arena in November of 2008.

A high-profile Harper government stimulus program created to build hockey rinks and other recreation projects has funnelled about 33 per cent per cent more money to Conservative seats than to opposition ridings in the battleground province of Ontario.

An analysis by The Globe and Mail shows Tory ridings received an average of $2.1-million, compared to $1.5-million on average for opposition ridings.

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

A message below from Attorney General Chris Bentley with regard to legal aid funding in Ontario

Dear Colleague,

On September 8, 2009, the McGuinty government announced the largest ever investment in legal aid - $150 million over the next four years. This is the single largest funding increase in legal aid’s history (almost 40 years), and represents a 21% increase. A 15% increase in the tariff has been funded over the past several years.

This investment will mean both greater access to legal support for Ontario’s most vulnerable and will result in significant additional remuneration for those who are doing the work.

We have set up working groups that will provide advice on achieving these two goals. These groups will begin meeting over the next two weeks.

This is the worst economic downtown since the 1930s. This largest ever increase is a very substantial commitment by the government to both those who need the service and those who provide it.

Great article from Whitehorse

Think crime has exploded? Look again - The Whitehorse Daily Star

The Whitehorse Daily Star
Tue Oct 20 2009
Page: 6


Source: Sun Media Corp.

OTTAWA - Ordinary folk listening to federal Justice Minister Rob Nicholson railing at critics of the latest Conservative ad-ready crime legislation might be excused for thinking the country is being overrun by killers and crooks.

Once again, at the risk of letting facts get in the way of political propaganda, we offer a sample of common misperceptions of crime and punishment in Canada (as reflected in our daily mail), and
some interesting statistics supplied by Nicholson's own government.

Claim: Something urgently needs to be done to deal with soaring rates of both violent and property crimes.

Fact: Something always needs to be done to thwart crime, but the reality is our streets are safer today than 20 years ago.Violent crime has been generally dropping for years, and was lower
in 2007 than at any time in two decades. Ditto for property crimes -the recent rate is more than 40 per cent below a peak in 1991.

Claim: The criminal population is made up of mainly of murderers, rapists and drug dealers.

Fact: While those groups of criminals are the ones most people naturally worry about, the most common charges of all - about 24 per cent of the criminal court traffic - are for breach of court orders and probation conditions. Those are followed by impaired driving (8.9 per cent); common
assault (7.9 per cent); and theft (7.5 per cent). Charges for drug trafficking represented about 2.5 per cent of the total last year; sex offences just over one per cent; and homicide barely 0.04 per cent of the total.

Claim: The majority of crimes is being committed by blacks, Asians and Muslims.

Fact: The vast majority of the federal prison population - 67.5 per cent - is white Caucasian, and 60 per cent are either Catholic or Protestant. Blacks represent about six per cent, and Muslims half that number.

Claim: The streets are particularly unsafe for Canada's seniors, who are being targeted by violent criminals.

Fact: One crime against a senior is too many. That said, almost 55 per cent of all victims of violent crimes reported in 2007 were under the age of 30, an age group that represents just over a third of the Canadian population. By comparison, seniors over 65 account for about 14 per cent of the population, but represented only 1.9 per cent of all victims of violent crime.

Claim: Ontario and Quebec are the country's cesspools of crime.

Fact: Crime rates are highest in the West and the North. Ontario has the lowest, followed by Quebec. That trend has remained generally unchanged over many years.

Claim: Canada needs to throw more criminals in prison longer.

Fact: The rate of people being locked up in this country is higher than most European countries, and slightly below Australia and New Zealand. The U.S. is in a league of its own - several times higher than Canada - although its love of incarceration is not reflected in lower crime rates.
It may also be worth mentioning that 11 per cent of the entire federal prison population today were certified mental patients at the time they were tossed in the slammer. Finally, here's a little something for Canadian taxpayers to chew on. The average annual cost of keeping a federal inmate behind bars last year was $93,030. There are currently 13,581 inmates costing more than $1 billion.

Fall Golf

I am sitting in a rainy office thinking of Fall Golf ...

Debts real or not in family cases

In family law cases it is not uncommon to face debts the validity of which is question. In Medeiros v. Medeiros, 2009 ONCA 734 the Court deals with a promissory note:

            1. Did the trial judge err in finding there is a debt owing to Robert?

[31]         Carlos submits that the trial judge erred in finding that there is a debt owing to Robert under the promissory note because it is clear from the documentary evidence that there was no expectation that the $200,000 advanced by Robert would ever have to be repaid.

[32]         We agree. Although the trial judge concluded at page 6 of her reasons that all parties understood that Phyllis was obsessed with ensuring that no part of any funds she advanced to Julie would form part of Julie's net family property and that the only way to resolve the outstanding litigation "was to satisfy all concerned, in particular Phyllis Posa, that Julie's money would be safeguarded for Julie only, in case of marital breakdown", the real issue in this case was whether the arrangements the parties entered into were effective to carry out that purpose.

[33]         In our view, the trial judge erred in failing to take account of the documentary evidence demonstrating that there was an understanding between Robert, Julie and Carlos that Robert would never make a demand on the note and that, in fact, Robert had gifted the money to Julie.

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Self reporting murderers ...

People with outstanding warrants will be denied income assistance in British Columbia as soon as next year if legislation introduced yesterday is passed into law, said Rich Coleman, Minister of Housing and Social Development.

"People who have outstanding warrants shouldn't be getting welfare until they clean up the problem," said Mr. Coleman, adding that to qualify, warrants must be for indictable offences such as murder, sexual assault and drug trafficking. But Mr. Coleman said the government will not run criminal background checks on welfare applicants to enforce the policy. Instead, it will rely on criminals to disclose their outstanding legal issues when they make an application.Read more:

http://network.nationalpost.com/np/blogs/fullcomment/archive/2009/10/20/killers-trusted-to-tell-the-truth-in-return-for-welfare.aspx##ixzz0UZgL7lVm

Flocke moves

Goodbye and au revoir!

Flocke will leave Nuremberg - and this January!

She will move to France to the sunny Cote d'Azur.

At least a small consolation is that she will not go alone, because Razpi goes with her.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Very High Anglicans

The fuss over the Pope suggesting Anglicans could become Roman Catholics (what a shocking concept!) has raised some troubling issues:

"But John Stackhouse, a professor at Regent College, a theological school in Vancouver, said he wonders how any Anglican can jump to the Catholic Church when there are so many huge theological differences such as transubstantiation, the belief the wafer becomes the actual body of Christ during the Mass. Almost all Anglicans reject this."

Transubstantiation? Seriously? This is the major stumbling block to Church union? Have we forgotten how Elizabeth I romanced the issue with her prayer book? And what did she say? Wasn't it:

"There is but one Jesus Christ. The rest is trifles."

Wildrose splits the Alberta Right?

It is frightening to see how a successful Party can fall to pieces very quickly (yes, I am aware that comment cuts broadly). What is curious here is just how dangerous the splitting is, and how obvious that danger is, for the Alberta conservative movement -- split the right and the Provincial Liberals can win. Heck, we might even get a seat or two Federally???


Wildrose supporters rankle Alberta Tories


By Renata D'Aliesio, Calgary Herald
October 21, 2009

http://www.calgaryherald.com/news/Wildrose+supporters+rankle+Alberta+Tories/2127347/story.html

CALGARY - A spat broke out Tuesday between Tory provincial and federal politicians representing Calgary-West, underscoring divisions between Progressive Conservative and Reform factions in Alberta over the emerging Wildrose Alliance.

Several former MPs -- all with roots in the Reform movement-- have become involved with the new party, while Conservative Calgary West MP Rob Anders attended its leadership convention last weekend.

When asked about the Wildrose Alliance on Tuesday, Health Minister Ron Liepert criticized media attention being given to ex-Tory MLAs who were part of former premier Don Getty's cabinet, which "left this province with the largest debt in our history."

"I'm not about to abandon the principles that I've been involved with at the Progressive Conservative party for the last 25 years simply for the flavour of the month that happens to waft by," said Liepert, MLA for Calgary-West.

Liepert also blasted his federal riding counterpart, noting Anders'connection to the Wildrose Alliance and accusing him of campaigning against him in the 2008 provincial election -- a claim Anders denied.

"We have no relationship, as far as I'm concerned, and I don't really care," he said of Anders.
As Liepert attacked Wildrose Alliance backers, several ex-MPs who are backing the upstart right-wing party contended the PCs have lost their fiscal and democratic compass.

Eric Lowther, MP in Calgary Centre from 1997 to 2000, said Tuesday he thinks the Wildrose Alliance's emergence will put pressure on Premier Ed Stelmach's Tories to adopt "responsible spending."

He also cited an "erosion of our democratic institutions," pointing to this year's ouster of the province's chief electoral officer, who called for numerous voting reforms.

"The Wildrose party is forcing them back to the roots of conservative thinking," Lowther suggested. "We're seeing a healthy revisitation of conservative themes that the long-entrenched PC party has lost."

Water dance

Pope Benedict has allowed married Anglican priests to join the priesthood in the Catholic Church

Actually this isn't really news. Married Anglican priests have joined the Roman Catholic Church and acted as priests while remaining married. It seems a bit awkward but it seems to be well established:


Pope Benedict has allowed married Anglican priests to join the priesthood in the Catholic Church.

Pope Benedict said many groups of the Anglican clergy and faithful had asked to enter into full communion with the Catholic Church.

He said this in a statement released on Tuesday by Cardinal William Joseph Levanda, President of the Congregation for the Doctrine of Faith in the Vatican.

Contacted, the Anglican Church of Kenya (ACK) head, Archbishop Eliud Wabukala, declined to comment in detail.

“But I can say there are areas where the Catholics and the Anglicans are very close. The movements between them is not a new phenomenon, it happened during the reformation and continues to take place,” he said.

Making the announcement, Cardinal Levanda said the Catholic Church in a forthcoming document provides for the ordination of married former Anglican clerics as Catholic priests.

Full story here:
http://www.nation.co.ke/News/-/1056/674924/-/uo1rag/-/

Mutt and Jeff show

"May I ask the prime minister, has the Conservative party become exactly like the Chretien Liberals?" said NDP Leader Jack Layton.

Prime Minister Stephen Harper replied: "Oh, Lord help us, Mr. Speaker . . . Of course we remember in the dark days of the previous government, public money went into private hands. It disappeared. It was stolen."

Vaughan Vision 2020

Tonight Mario Ferri, Regional Councillor and Chair, Strategic Planning Committee for the City of Vaughan presented the Vaughan Vision 2020 Successes Meeting. The report was well received and an enthusiastic audience provided feedback and input. Especially in times of economic difficulty work at the municipal is absolutely critical. Details can be found at http://www.vaughan.ca/

Lars, Nancy, Tosca and Katjuscha

Tory ridings eating up recreation cash

Tory ridings eating up recreation cash
Projects awarded disproportionately, analysis finds
By STEPHEN MAHER Ottawa Bureau and GLEN McGREGOR
The Ottawa Citizen
Funds from a federal stimulus program designed to put hockey rinks and other recreation projects in communities across the country appear to be have been awarded disproportionately to Conservative ridings, an investigation shows.

Tory ridings have landed 66 per cent of all projects so far announced under the Harper government's Recreation Infrastructure Canada program, also known as RinC. The Conservatives have only 46 per cent of the seats in the House of Commons, so Conservative ridings appear to have landed 41 per cent more projects than had they been distributed evenly.
The numbers suggest that opposition politicians are right to complain that the Tories are using politically desirable recreation facilities for partisan advantage.

The province of Ontario — where the Tories hold about 48 per cent of the seats — a full 62 per cent of federally-funded recreation projects went to Tory ridings, data obtained from the Economic Action Plan website shows.

White collar crime

I guess the new base of two years for very major frauds won't do any harm -- frankly frauds that large don't get two years -- they get much longer -- so the base might have the curious effect of lowering sentences. All that said, because the base set is lower than what judges do anyway I can see the bill as showing community revulsion over the massive frauds recently seen and as such is quite supportable. Setting out express aggravating factors is a helpful step.

That said, the Government isn't doing anything to stop these crimes from happening other than making jail time more lengthy. Longer sentences for crimes will not fully deter white collar criminals but a higher chance of getting caught will. What we need is more focus on stopping the crimes from happening in the first place. There is nothing in this announcement to bulk up prevention.


White-collar criminals face new sentences

Campbell Clark
Ottawa — The Globe and Mail

The federal government will legislate two-year minimum sentences for big-money frauds of more than $1-million, seeking to assuage an outcry over a series of Ponzi schemes and rip-offs that came to light as financial markets tanked.

Justice Minister Rob Nicholson couldn't point to any cases where judges gave such serious fraudsters lighter sentences than his proposed minimum. But he insisted the new bill will create a tougher “base” of penalties for white-collar fraud.

The bill will also introduce a series of aggravating factors that judges can use to dish out tougher sentences, up to a maximum of 14 years – such as the psychological and financial devastation of the victim, efforts by the perpetrator to hide their tracks by destroying records, and the amount of planning and complexity of the fraud.

Mr. Nicholson outlined the measures in the latest of a series of press conference he has held before actually tabling the legislation tomorrow.

Forfeiture of bail

Today's decision in Canada (Attorney General) v. Horvath, 2009 ONCA 732 is an important judgment regarding forfeiture of bail. The decision is lengthy but the key findings follow:



[52] Before turning to the particular applications at issue in this matter, I would make three remarks relevant to forfeiture proceedings generally. As noted above, the onus is on the surety to show why full forfeiture of the recognizance should not be ordered. The circumstances relevant to the exercise of the court's discretion to relieve against full forfeiture are largely within the knowledge of the surety. Sureties asserting that they should be relieved from forfeiture of any amount of the recognizance have the obligation to adduce credible evidence to support their position. The courts should also take into account that the Crown will often not be in a position to adduce evidence to refute those claims.



[53] Second, when hearing forfeiture applications, courts should remember that a bail order is a court order, and it is not open to the surety to mount a collateral attack on the appropriateness of that order. There was some hint of this approach in the Mirza case, the suggestion being that the $500,000 surety was out of proportion to the nature of the fraud and was excessive. There were procedures in place that Adnan or his sureties could have utilized if they considered the order to be inappropriate. Adnan could have sought review of the order. Additionally, of course, the Mirzas were not required to enter into the recognizance, and even after having done so they could have applied to be relieved as sureties in accordance with ss. 766 and 767 of the Criminal Code.



[54] Finally, it appears that it is open to the court to make a conditional order that the recognizance be forfeited unless the accused is taken into custody by a certain date: see Miller.

More apples

Canadian polar bear to get new Scottish Highlands hideaway

Randy Boswell,

Canwest News Service

Monday, Oct. 19, 2009




Twenty-five years after being rescued from a death sentence on the shores of Hudson Bay, the Canadian-born polar bear at the centre of a long-running animal rights controversy in Britain has charmed her last visitors at the Edinburgh Zoo.



Mercedes, Britain's only polar bear, is set to be trucked this week to a luxurious new $600,000 enclosure near Inverness in the Scottish Highlands, described as Europe's largest artificial habitat for a member of the iconic Arctic species.



The transfer was made possible by the donated services of British army sappers who built the unique enclosure as a construction training project before deployment this fall to Afghanistan.



...



Full story: http://www.nationalpost.com/m/story.html?id=2120963&s=Home



James Morton

1100-5255 Yonge Street

Toronto, Ontario

M2N 6P4



416 225 2777

Writing an OpEd -- a few ideas

Writing an OpEd is more difficult that might first appear.

I've been able to do quite a few over the years and have gotten to the point where perhaps 3/4 of the ones I write actually get printed. I say that because at first my efforts were so seldom printed that I almost gave up trying. Over the years I have found some pointers as to how to get printed.

The first big question is what to write on.

This isn't an issue of 'do what you love' but rather 'do something you can be credible about'. Perhaps I'm interested in, say, foreign policy. Perhaps I have something I am bursting to say about, for example, Taiwan. Unless I have some credentials supporting my views it's most unlikely I'll get published. I am a lawyer so I write, mainly, on legal issues.

The other point about what to write on is that the topic must hit three buttons: it must be topical, it must not have been covered too much already and it must not be contrary to the political slant of the newspaper you want to get into.

The first two buttons are obvious but the third isn't.

All newspapers, especially the OpEd sections, have a political slant of some sort. It may not be an obvious slant but it's real. That doesn't mean that you have to be left or right to get printed. The Sun group is right leaning but will print some left leaning pieces. But if, for example, you want to do an piece about the difficulties new immigrants face you are best to try the Toronto Star over the Globe. Read the paper and ask, "what are they looking for to keep their readers interested"?

Topics don't come easily. I often have to wait a week or more for some item to come up that I can (a) be credible about and (b) that will fit somewhere in some paper. (On that last point don't be shy about out of town newspapers -- as long as it's in Canada it's fair game).

Once you have a topic, rough out a piece with a perspective that says something. An OpEd has to have an opinion to be worth printing. But it can't all be theory -- a good approach is to take a specific case and work from there. So, start by telling a quick story ("Jane Smith came home to find her living room covered in blood") and from there go on to the policy point you want to make. Remember you have to write for an audience that doesn't know the field so you must define your terms and be clear.

Length counts. Most papers want 600 words, 700 words tops. A few prefer 400 words. Look at the paper you are considering and see how long their pieces are.

Finally, look up who the Opinion Page editor is and send them the piece by e-mail with a polite note suggesting they might be interested in your piece and you'd be glad to change it as needed should there be an interest. Don't send the piece as an attachment -- it will go into spam -- send the piece in the body of the email.

Good luck!
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Critics say individual challenge to by-laws would be too onerous

Critics say individual challenge to by-laws would be too onerous

Full story: http://www.lawyersweekly.ca/index.php?section=article&volume=29&number=23&article=1

By Luis Millan
Montreal


A deeply-divided Supreme Court of Canada recently held that a class action is not an appropriate vehicle to challenge the validity of a municipal by-law in a ruling that may have a national impact beyond the Quebec class action regime with which the decision dealt.

In narrowly upholding a decision of the Quebec Court of Appeal by a five-to-four margin, some legal observers now wonder whether the ruling, Marcotte v. Longueuil (City), has curbed access to justice through class action by seemingly holding, among other reasons, that class actions are inappropriate for matters where summary disposition is appropriate.

“It’s almost an aside, but a very important one, when the SCC says that where matters should be dealt with in a summary fashion, class actions are inappropriate,” observed James Morton, past president of the Ontario Bar Association and the head of the litigation group for Steinberg Morton Hope & Israel LLP. “And if that is the case, then a whole host of matters which otherwise might fall under class actions may be excluded. The one that really strikes me is small claims court, where many of the cases in class actions are really too small to pursue otherwise but often are not terribly complicated matters. Perhaps the implications of the ruling are broader than the SCC immediately considered.”

Marcotte involves two cases against the City of Longueuil that were joined together at appeal. Dissatisfied with their tax assessment following the creation of the new city — established after a controversial and sweeping municipal reform undertaken by the Quebec government in the early 2000s — a citizen and a business corporation applied separately for authorization to institute class actions to quash the municipal by-laws imposing property taxes and the business tax.

Stay for delay

Today's decision in R. v. B.H., 2009 ONCA 731 shows stay for delay under 11(b) of the Charter is alive and well, provided the circumstances are appropriate:

[3]              We do not accept these submissions.  The delay in this case was quite extraordinary for a fairly simple case scheduled to last three days.  The principal reason for the delay was the Crown's desire to join this prosecution to a second sexual assault charge, involving a different complainant, laid against the respondent a year after the first.  Not surprisingly, the respondent sought to sever the two charges from each other.  For a variety of reasons, the court administration was not able to identify who would be the judge.  Accordingly, the application was adjourned on several occasions for almost exactly a year.  In addition, on several occasions the trial was delayed because the Crown decided to prioritize other trials.  Moreover, at no time did the Crown raise the potential s. 11(b) issue, even after the case was well offside the Morin guidelines.  These delays, both institutional and Crown initiated, when coupled with the respondent's demonstrated eagerness on several occasions to take steps to proceed to trial, justified the trial judge's conclusion that the delay in the case was "unreasonable and unacceptable".

[4]              Finally, the trial judge's prejudice analysis fits comfortably inside what Cromwell J. said in R. v. Godin, [2009] S.C.J. No. 26 at para. 31:

The question of prejudice cannot be considered separately from the length of the delay… Here, the delay exceeded the ordinary guidelines by a year or more, even though the case was straightforward.  Furthermore, there was some evidence of actual prejudice and a reasonable inference of a risk of prejudice.

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Bone marrow donor needed

Help SHARI SILVERMAN find a bone marrow match by coming to one of the following clinics:

- Oct 20 - 3:30-8:00pm - 4700 Bathurst Street (Council house for Jewish Women.)

- Oct 31 - 10:00-6:00pm - Hillcrest Mall, The Bay Kids Entrance- Nov 1
- 10:00-6:00pm - 4700 Bathurst Street

Go to http://www.sharismission.com  for more details on Shari and her story.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

... "the federal stimulus fund doubles as a Conservative war chest"

From Chantal Hébert:

"But Harper can only hope the opposition focuses its attacks on his party's tasteless affection for stupid props rather than on the money itself. While a picture may be worth a thousand words, the photo gallery assembled by the Liberal war room to showcase government MPs in partisan action is ultimately less disquieting than the emergence of a spending pattern that suggests the federal stimulus fund doubles as a Conservative war chest.

Until the government can substantiate its rebuttals on that latter front with factual information, it will seem like Harper has managed to find a way to elevate naked partisanship to a new level."

Full story here: http://mobile.thestar.com/mobile/canada/article/712214
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Sharing an apple

More on Adam and Eve

Continuing the revision of the meaning of Adam and Eve, why is it that Eve failed to live up to God's commandment?

Was it because as a woman she was weak and unable to resist temptation?

No. It was because God had not given her instruction directly and Adam may not have transmitted the prohibition correctly.

God's commandment was not given to Eve directly. She only heard it repeated to her by Adam. And what she understood from Adam was not, in fact, what God told Adam.

Remember, Eve had not been created when God forbade the tree of the knowledge of good and evil. So God's command came to her through Adam.

Since she never heard God's command directly Eve was uncertain of what was actually forbidden (remember she tells the serpent that she is forbidden from touching the fruit of the tree of the knowledge of good and evil -- God never forbade touching, just eating. Either Adam embellished or she misheard):

" And the LORD God commanded the man, saying, Of every tree of the garden thou mayest freely eat but of the tree of the knowledge of good and evil, thou shalt not eat of it: for in the day that thou eatest thereof thou shalt surely die."

Eve was less blame worthy because she had no direct knowledge of what was said and may have been given a false report of God's instruction (Adam, who should have known better, when confronted with the failing, blames Eve; he is blame worthy).

So from this we learn that hearsay testimony is doubtful and that's why, at Sinai, God speaks first to the women of Israel and then to the men.

God wanted to make sure the women of Israel had clear, first hand knowledge and only then did God turn to the men.

(All that said, I still cannot understand, except as a colourful allegory, why the punishment for a sin of curiosity was so severe -- death, pain and suffering to all creatures for all such time as separates the Fall until End Times (however you define them). The punishment seems wildly disproportionate to the offence. And to argue that death was necessary so that a justifying sacrifice could redeem humanity is, frankly, silly. Maybe colourful allegory is the best answer -- but even as allegory the punishment seems excessive).
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Bear Run! black bear wanders into US grocery store, chills out in beer cooler

By The Associated Press

HAYWARD, Wis. - Shoppers in a Wisconsin grocery store got an unexpected surprise when a 125-pound (58-kilogram) black bear wandered inside and headed straight for the beer cooler.

The bear stopped Thursday night at Marketplace Foods in Hayward... .

It calmly climbed up 12 feet (3.7 metres) onto a shelf in the beer cooler where it sat for about an hour while employees helped evacuate customers and summoned wildlife officials.

Officials from the Wisconsin Department of Natural Resources tranquilized the animal and took it out of the store. Store workers say the bear seemed content in the cooler and did not consume any alcohol.

$108,000 on fiscal update town hall

For heaven's sake, can't the Conservatives spend some of their own money on advertising -- this is getting embarrassing.


Tories spent $108,000 on fiscal update town hall

Federal government spent big to stage June event where Harper discusses efforts to help lift country out of recession

Bruce Cheadle
Ottawa— The Canadian Press

The Harper government spent over $100,000 staging a one-hour event in June to deliver an update on its efforts to help the recession-ravaged economy.

Invoices obtained by The Canadian Press through the Access to Information Act show a nominal bill to taxpayers of $108,000 for the carefully scripted "town hall" meeting in Cambridge, Ont.
...
Critics say it's just the latest example of what they're calling a Tory penchant for leveraging public money for partisan gain.

"It fits in with a whole pattern with this government where they are basically using tax dollars to promote themselves to voters," said Gerry Nicholls of the right-wing web portal Libertaspost.com.

"That's clearly wrong. It's clearly a waste of tax dollars."

...
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Karen Mock and the lights of Diwali

Karen Mock, Thornhill Federal Liberal Candidate, lighting a diya — a cotton string wick inserted in small clay pot filled with oil — to signify victory of good over the evil within an individual.

Two hundred kilometres an hour -- on a city street!!!

Two hundred kilometres an hour! On Finch Avenue?

Yes, I know -- judge not when you don't really know but this sounds pretty unredeemable.

And the irony -- the driver of the BMW seems to have suffered minor injuries only.

Alcohol, speed blamed in crash that killed 3 women

Three women riding home from a religious gathering late Saturday were killed when their van was broadsided by an alleged drunk driver who was speeding at about 200 kilometres per hour in a BMW.

The impact was so violent that the van was torn apart and the women were thrown from the vehicle. CTV Toronto's Jim Junkin reported Sunday that the deceased are a mother, her daughter and a family friend.

The family's father, who was driving the van, and another friend are now in Sunnybrook Medical Centre with life-threatening injuries.

"You can tell by the damage that was done here that speed was a factor that we're looking at, (and) alcohol was a factor that we're looking at," said Toronto Police Sgt. Tim Burrows.

"This was an extremely high-speed impact that caused this."

Police allege that the 21-year-old driver of the BMW had been drinking before the crash, and he now faces several criminal charges.

Investigators say the Honda van had been turning north from Finch Avenue onto Tobermory Drive near Jane Street when the crash occurred at around 11:45 p.m. Junkin reported that the family lived nearby and was nearly home.

Civis Canadensis sum

I am a Canadian citizen

Sleepy panda

Alberta's Great Right Hope

If true conservatives defect from the Progressive Conservative Party to the Wildrose Alliance in Alberta then the Federal Conservatives may have to either move right to keep their support or face another, new, truly right wing, party.

I say this recognizing that much of what Stephen Harper has done is correct, at least to me -- but he is correct when he isn't very conservative -- and fiscally anyway, he hasn't been.

The full story is worth a read:

http://www.edmontonsun.com/news/alberta/2009/10/18/11440701-sun.html

Alberta's Great Right Hope

Fledgling Wildrose Alliance is Progressive Conservatives' worst nightmare

By RICK BELL

CALGARY -- She is what this province's Progressive Conservatives would be if the Progressive Conservatives were actually conservatives.

And now, Danielle Smith [pictured left], smart and principled and friendly to the camera, is the leader of the Wildrose Alliance and officially becomes Premier Ed's worst nightmare.

"Ed Stelmach hasn't even begun to understand what's about to hit him," says the 38-year-old former Tory, one-time Calgary school trustee and pull-no-punches fighter for free enterprise.

No, he hasn't.

His party comes third in a byelection running a star candidate in the deputy premier's old seat and he doesn't get it.

Poll numbers, the latest coming from noted nose- counter Bruce Cameron, confirm Ed's Tories tumbling and Wildrose blooming across the province and not just in Calgary.

Ed still doesn't get it.

Just in the last week, Ed has managed to go on TV and look like he still doesn't know what he's doing, roll out a supposed big pay cut now mocked by anyone who passed Grade 4 arithmetic and get the cold shoulder when he asks public-sector workers to take a wage freeze.

He doesn't get it.

...

Come on in -- the water's fine!

Suicide bombing early on Sunday in Iran

Here is Al Jazeera's version of the attack in Iran. The Americans deny involvement but Iran suggests they are behind the attack. My instant reaction is that there isn't Western involvement (note, Israel does not appear to be blamed by anyone) but it would not be surprising to learn of American support for dissident groups in Iran. Either way, the incident has implications beyond the immediate.


http://english.aljazeera.net/news/middleeast/2009/10/2009101871150989932.html



Iran commanders killed

Shushtari was one of the senior Revolutionary Guards officers killed in the attack [AFP]
At least six senior commanders of the Iranian Revolutionary Guards are among about 30 people killed in a suicide attack in southeastern Iran.

The suicide bombing, which occurred early on Sunday morning in the city of Pisheen, in Iran's Sistan-Baluchestan province, wounded another 40 people, according to the state news agency.
General Nourali Shoushtari, the head of the Revolutionary Guards' armed forces, and General Mohammadzadeh, the Guard's commander in Sistan-Baluchestan, were killed.

The attack, the deadliest in Iran in recent years, occurred as officers were preparing to hold a meeting between locals from Shia and Sunni communities.

Ali Larijani, Iran's parliamentary speaker, confirmed the deaths in an address to parliament.
"We express our condolences for their martyrdom ... The intention of the terrorists was definitely to disrupt security in Sistan-Baluchestan province,'' Larijani said.
West blamed

A Sunni group called Jundallah (Soldiers of God) claimed responsibility for the attack, according to state media.

"Iranian officials are very confident that the terrorist group behind the attack was funded by the Saudis and supported by the Americans and the British"

Mohammad Marandi, assistant professor at University of TehranThe group has been accused by Tehran of launching regular attacks in the province and is strongly opposed to the predominantly Shia government.

Mohammad Marandi, an assistant professor at the University of Tehran, told Al Jazeera that officials suspected the group was linked to Saudi Arabia, the US and Britain.

"Iranian officials are very confident that the terrorist group behind the attack was funded by the Saudis and supported by the Americans and the British," he said.

"I think the greatest blow [from this attack] is to any Iranian trust with regards to the Americans.

"On the one hand the Americans are talking about rapprochement and building a new future, yet at the same time we see the Americans supporting groups in [Iran's] Kurdish regions as well as in Sistan-Baluchestan."

Women are "persons"

Eighty years ago – on October 18, 1929 – history was made in Canada in the fight for women's rights. The Judicial Committee of the Privy Council in England, then the appeals court for the Supreme Court of Canada, ruled that women were legally "persons."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Civis Romanus sum

"I am a Roman citizen"

With these words on his lips Gavius died after being crucified by Verres despite his Roman citizenship. This treatment outraged Rome and is remembered today.

Lord Palmerston adopted the words when sending a gunboat to support a British subject attacked by an anti-Semitic crowd in Athens in the 1840's.

The glory of Rome lay, in large part, in the honour of being a Roman. An honour Rome jealously protected.

And it was not an honour limited by race or religion -- remember Paul was a Roman citizen.

Perhaps, to use bad Latin we should adopt, and honour, the words:

Civis Canadaius sum

(By the way, if readers can correct that -- Canadaius feels wrong but high school Latin is far away -- I'd be grateful)

James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777