Sunday, March 7, 2010

Thinking more about it, why is Al Jazeera the best source for African news?

I suppose it may simply be that Canada doesn't deal much with Africa -- certainly as compared to Asia and Europe -- and so our media doesn't cover Africa very well.

Still, places like Zimbabwe and Nigeria do have ties to Canada -- but current news from Harare does not get on CBC.ca.

The best, in fact just about only, place is Al Jazeera.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Hundreds killed in Nigeria attack 

Nigeria had one civil war not too long ago -- although not covered much in Canadian media there is a risk of another civil war.

Nigeria is a major nation; it's got a long history with Canada and it's a bit surprising the only consistent source for Nigerian news is Al Jazeera -- see story below:

http://tiny.cc/cVbsk


"Nigeria's acting president has ordered security forces to hunt down those behind an attack near the central city of Jos that left more than 300 people dead.
...
Al Jazeera's Yvonne Ndege, reporting from the capital Abuja, quoted police as saying that the attackers were Muslim Hausa-Fulani herders while the victims were mainly from the Borom community, a predominantly Christian ethnic group.

...
Gregory Yenlong, the commissioner for information for Plateau State, said more than 300 people had died and our correspondent said most of the victims were women and children.

The office of Nigeria's acting president said Goodluck Jonathan had "directed that the security services undertake strategic initiatives to confront and defeat these roving bands of killers", who it blamed for "causing considerable death and injury".
...
It was not immediately clear what triggered the latest unrest, but four days of sectarian clashes in January between mobs armed with guns, knives and machetes left hundreds of people dead in Jos, which lies at the crossroads of Nigeria's Muslim north and predominantly Christian south.

The tension appears rooted in resentment between indigenous, mostly Christian groups, and migrants and settlers from the Hausa-speaking Muslim north, all vying for control of fertile farmlands.

Patrick Wilmot, a sociologist and African affairs analyst based in London, told Al Jazeera that the problems in the area of Jos stem from a lack of economic development.

"People from all over Nigeria came and settled in the area. There was hardly any trouble in the area 15 or 20 years ago, but then the population has increased tremendously, [but] the resources have not increased.

"There is hardly any industry in the town. There is only one large factory. Most of the economy is based on commerce and farming and as a result of huge unemployment the people have become very attached to their religious and ethnic identities.

"The political leaders are irresponsible, they manipulate these fears of religious and ethnic differences and as a result it's a kind of tinderbox.""
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

I hate getting out of the pool and finding the towel isn't right there!


Arctic craters may have been cradles of life on Earth

Neither political nor (directly) related to polar bears! Just interesting:

Randy Boswell                  

Edmonton Journal,
Mar. 5, 2010

Scientists studying an ancient meteorite crash site in the Canadian Arctic have detected traces of microbes that point to the key role played by impact craters in the evolution of life on Earth and could help determine whether life once existed on Mars.

The discovery -- hailed by an 11-member team of researchers from Canada, Britain, the U.S. and Sweden as a scientific "first" -- was made at Devon Island's famous Haughton Crater, a uniquely dry and desolate geological gem probed frequently by experts from NASA because of its Mars-like features.

"Meteorite impact craters have been proposed as possible sites to find microbial life on Mars, as they are a focus for heat and water circulation," the research team, including University of Western Ontario geologist Gordon Osinski, state in a summary of their findings.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

O Canada -- plagarism?

I don't normal repost comments to the main page but here's an interesting one -- do readers agreed?

I must say the similarity is striking -- listen here:

http://a2so.com/trailers/mozart-magic-flute-marsch_der_priester.mp3

"Anonymous said...

Actually, O Canada is an obvious sponge-job of Mozart's "Marsch der Priester", from Die Zauberflöte, composed in 1791.But a bit of plagarism here and there shouldn't matter much, as imitation is the most sincere form of flattery..."

Travers: We needed candour in Ottawa; we got denial

http://tiny.cc/xOXuh

By James Travers
National Affairs Columnist
OTTAWA

Fooling enough of the people all of the time is the national capital's new normal. This week's throne speech and budget doggedly follow the last election's pattern of illusion, denial and dishonesty.

Back before industrial giants staggered into bankruptcy protection, pensions vaporized and portfolios shrank, voters were promised the county would escape recession, deficits and hard times simply by staying the Conservative course. Now Canadians are being asked to trust the same Prime Minister and finance minister to do what's never been done before – let the economy grow the country back to balanced budgets, prosperity and happy days.

Utter bunk rarely gets such a speedy second chance. Truth in forecasting was a casualty of the last campaign and now lies torn and bleeding as political parties position for the next.
A frank Prime Minister wouldn't have used the throne speech to hold out the empty hope that a country tightening its belt is also ready to make tough decisions to invest heavily in brains, innovation and competitiveness. A forthright finance minister wouldn't have used his budget to make rosy predictions for economic growth and spending cuts while minimizing the risk of shocks to come, ignoring past failures to control government costs and assuming deficits will magically disappear.

No, more candid leaders would have woven a different narrative this week. They could have begun by reviewing the facts behind two of the budget's boldest headlines. Stephen Harper and Jim Flaherty could have admitted they overruled finance department warnings and rolled the dice on structural deficits by twice cutting the GST only to lose the gamble in the 2008 global crisis. They might have confirmed that putting the brakes on armed forces procurement is a result of buying the giant transport aircraft that Conservatives wanted more than the military.
But saying you're wrong or sorry isn't central to political thinking. Nor is it considered shrewd to be honest about what your party really believes before asking voters to cast ballots in its favour.

Saturday, March 6, 2010

Michelangelo


Today is the birthday of Michelangelo (6 March 1475 – 18 February 1564), creator of the incomparable "PietĂ " and so many other breathtaking and inspiring works of art.

Do the assets include the CBC?

March 5 (Bloomberg) -- Canadian Finance Minister Jim Flaherty may announce this year that he’s selling some of the federal government’s assets, the Canadian Broadcasting Corp. reported today, citing an interview to be aired tomorrow.

Flaherty told the broadcaster that the sale could include government-owned corporations as well as assets such as buildings.

Flaherty said there are “substantial” opportunities, according to the government-owned CBC. He didn’t elaborate on the details of the assets or the amount of funds that could be generated, according to the interview with the CBC.

Scary bear!

The new pre-sentence custody rules

The elimination of two for one pretrial custody seems to be fairly popular politically. Ignoring the fact the two for one was not widely abused and worked well with our post sentencing release calculations there is a practical problem in the way the new rules work.

An accused may get enhanced pretrial sentencing credit unless the accused is detained because of a prior conviction. The problem is that the test for detention is not based on prior convictions -- it is based on the risk of flight, repetition of offences or, rarely, public perception of justice. While a prior conviction is a factor in the secondary ground (further offences) to detain primarily on prior convictions would be an error.

The obvious way around the problem is to vest the determination of enhanced credit in the hands of the sentencing judge and not a Justice of the Peace shortly after arrest.

In the current system the Justice conducting a bail hearing has to consider the three grounds for detention and if detaining then go further and ask what is the fundamental fact(s) leading to detention. This two step process, unless done very carefully, is likely to lead to error -- and slows the process considerably -- already bail hearings are being lengthened.

It is a process that didn't need to be.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Supreme Court justice Frank Iacobucci to examine documents pertaining to Afghan detainee abuse

Why do this now? Why not months ago, when the issue first came to light? Since when does the government have to outsource the determination of which information is suitable for release and which isn't? The fact it hasn't released unredacted versions of the documents indicates it clearly has opinions on the matter. Opposition complaints that the government is merely trying to stall seem perfectly credible, and it would fit a pattern: This government is even slower and more miserly in disclosing information about its operations than its predecessors.

See: http://tinyurl.com/ya8hv4m

Friday, March 5, 2010

Stanley Weir's "O Canada"

The proposal, now withdrawn, to change the English (note, not the French) text to O Canada made me think to the original English text.

Interestingly, the original text is gender neutral (more or less) and, while referring to a deity, is far less specific in religious sentiment than the current version (the French text is openly Christian).

"O Canada" was proclaimed Canada's national anthem on July 1, 1980, 100 years after it was first sung, in French, on June 24, 1880.

The music was composed by Calixa Lavallée, a well-known composer; French lyrics to accompany the music were written by Sir Adolphe-Basile Routhier, a judge of the Quebec Superior Court, later Chief Justice of Quebec. The version on which the official English lyrics are based was a poem written in 1908 by Mr. Justice Robert Stanley Weir (1856-1926). It's curious that both French and English texts to O Canada should be written by judges, a group not usually known for writing poetry.

Justice Weir was born in Hamilton, in what was then Canada West. He took all his higher education in Montreal, and was qualified for both teaching and the law. He chose law and rose rapidly in the profession, becoming a judge first as Recorder of the City of Montréal and later to the Exchequer Court of Canada (now the Federal Court of Canada). He wrote both learned legal works and poetry, and his fame as a writer won him election as a Fellow of the Royal Society.

Original Poem by Weir

The original poem of 1908 by Justice Weir reads as follows:

"O Canada! Our home and native land!
True patriot love thou dost in us command.
We see thee rising fair, dear land,
The True North, strong and free;
And stand on guard, O Canada,
We stand on guard for thee.

Refrain
O Canada! O Canada!
O Canada! We stand on guard for thee.
O Canada! We stand on guard for thee.

O Canada! Where pines and maples grow.
Great prairies spread and lordly rivers flow.
How dear to us thy broad domain,
From East to Western Sea,
Thou land of hope for all who toil!
Thou True North, strong and free!

Refrain
O Canada! O Canada! etc.

O Canada! Beneath thy shining skies
May stalwart sons and gentle maidens rise,
To keep thee steadfast through the years
From East to Western Sea,
Our own beloved native land!
Our True North, strong and free!

Refrain
O Canada! O Canada! etc.

Ruler supreme, who hearest humble prayer,
Hold our dominion within thy loving care;
Help us to find, O God, in thee
A lasting, rich reward,
As waiting for the Better Day,
We ever stand on guard.

Refrain
O Canada! O Canada! etc."
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

Lies are usually caused by undue fear of men

Hasidic Saying

O tempora, o mores - O Canada stays the same ... .

Cicero, Catilina I, 1, 2

I rather like "thou dost in us command.'' Well, I guess I'm just too liberal -- or maybe too old fashioned (it was the form of the original English version).


Conservatives backtrack on 'O Canada' review in face of public outcry

By Joan Bryden

THE CANADIAN PRESS

OTTAWA - O Canada, the Harper government is standing on guard for your lyrics after all.

Just two days after promising to ask Parliament to consider restoring the national anthem's original gender-neutral wording, the Tories have done an abrupt about-face.

They've dropped the idea of changing the phrase "in all thy sons command'' to something more inclusive of women in the face of what they said was "overwhelming'' public opposition.

"We offered to hear from Canadians on this issue and they have already spoken loud and clear,'' Dimitri Soudas, a spokesman for Prime Minister Stephen Harper, said Friday.

"They overwhelmingly do not want to open the issue. The government will not proceed any further to change our national anthem.''

Soudas wouldn't elaborate on how the government gauged public reaction to the surprise proposal, floated in Wednesday's throne speech, to go back to the original tongue-twisting wording "thou dost in us command.''

A Tory insider said Harper had hoped the issue along with his promise to champion maternal and child health at the upcoming G8 summit would appeal to women voters, who tend to be more supportive of the Liberals.

However, the prime minister underestimated the backlash among the Conservative party's core supporters, which the insider said the Tories gauged from the uniformly negative reaction on talk radio shows.

... .

University of Calgary political scientist Tom Flanagan, a former chief of staff to Harper, said the idea to tinker with the lyrics likely came from the prime minister himself. He noted that throne speeches are written exclusively by the Prime Minister's Office.

"My guess is that while Stephen was out swanning around Vancouver for the Olympics and a lot of women were doing great there and winning a lot of medals and probably some feminist got to him and said, 'We ought to revise the national anthem,''' Flanagan said in an interview.

"He's always looking for things that can reach out to other constituencies without alienating the Conservative base. So I'm not surprised that he might have seen it in that light, say(ing), 'Well, here's something we can do to show that we're open toward women, particularly women who vote.'

"And maybe he didn't think through or foresee the reaction that would draw from rednecks like me.''

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

416 225 2777

Afghan detainee documents

So what happens if Iacobucci says release the documents without editing? Perhaps the Government assumes he will take so long to review that the matter will be moot? Still, turning matters over to an neutral third party can be dangerous: *remember Gomery?*

http://tinyurl.com/yd5ezwa

Ottawa is asking a former Supreme Court judge to make a ruling on a whether controversial classified documents relating to the Afghan detainee issue can be released to MPs.
Justice Minister Rob Nicholson says Frank Iacobucci will review the papers and decide how much of the documents can be released.

"In the case of injurious information, he will report to me on whether the information or a summary of it can be disclosed and report on the form of disclosure or any conditions on disclosure," Nicholson told the House of Commons.

Liberal justice critic Ujjal Dosanjh called the move a "half step."
"We don't know what (Iacobucci) will be able to do, when he will able to report, whether it will before the next election," he told reporters Friday.

The documents in question deal with the transfer of Taliban prisoners to Afghan jails, and whether Canada knew they were at risk of torture.

Liberal, NDP and Bloc Quebecois members of the House of Commons foreign affairs committee demanded to see uncensored records last fall. The Tories released heavily-censored versions, citing secrecy laws.

During its investigation, the special commons committee looking into the issue heard from witnesses that the government received warnings about torture, but continued to hand over detainees to Afghan authorities.

The committee was dissolved when Prime Minister Stephen Harper prorogued Parliament at the end of December.

The House of Commons voted to demand the release of all the documents in December, but the Tories did not follow through.

CTV's Roger Smith told CTV News Channel that today's move by "the government is an attempt to buy time for some sort of compromise."

Flocke and Raspi are going to stay a little longer in Nuremberg!

From Flocke's blog:

"Flocke and Raspis departure from Nuremberg shifted a second time, the reason for the delay of the move into the French Navy land on the Cote d'Azur was the severe winter, the zoo. Because of the bad weather were the works at the local polar bear enclosure is not yet complete. "We assume that Flocke will be leaving after the Easter holidays the zoo," said the spokeswoman Nicola Mögel. "

Mitigation in wrongful dismissal claims

In a wrongful dismissal case it is up to the defendant to show that there was no mitigation.  See this week’s Court of Appeal decision in Link v. Venture Steel Inc., 2010 ONCA 144:

 

[73]         In concluding that he should not make a deduction from the award of damages for pay in lieu of notice and benefits, the trial judge had regard to the relevant authorities and legal principles.  He pointed out that there was an onus on Venture to establish that Link failed to take reasonable steps to mitigate his damages and that had he done so, he would have been expected to secure a comparable position reasonably adapted to his abilities.  Because Venture did not lead any evidence about the availability of suitable employment, the trial judge concluded that Venture had not met the second prong of the test set out above.

 

Ecstasy - MDMA deaths?

This is a tragic story but note the aside about “manufacturing drugs in their basement or their bedroom, mixing different types of drugs in a chemical process. [It's ] very easy to turn [into] something toxic”. The danger is generally not in MDMA, which is not very toxic in the short run, but in stuff masquerading as MDMA. Nevertheless, even pure MDMA is dangerous and does from time to time lead to fatalities: Shedding New Light on the "Safe" Club Drug: Methylenedioxymethamphetamine (Ecstasy)-related Fatalities
Acad Emerg Med. 2004 Feb;11(2):208-10 http://tiny.cc/T5yyL.


Party drug blamed for teens' deaths

http://tiny.cc/nWss1


Sixteen-year-old Kayla Lalonde of Vancouver died in hospital after she was found lying on Rumble Street in south Burnaby just before 1 a.m. A few hours later, her friend Martha Jackson Hernandez, 17, died several kilometres away in a Richmond hospital.

Neither girl showed signs of trauma, and police suspected alcohol, drugs or a combination of the two contributed to their deaths.

Results from toxicology tests are not expected for at least two weeks, police said.

Ecstasy, or MDMA, is an illegal street drug that can cause feelings of euphoria.



One Vancouver addiction expert said he is afraid incidents like the deaths of the two teens will become more common. About 30 per cent of young people under 24 admit to having tried ecstasy, said Tom Hetherington, a manager at Pacific Community Resources Society in Vancouver.

Police investigate the scene where 16-year-old Kayla Lalonde was found lying in the street early Tuesday. (CBC)"It can be very, very dangerous — even one-time use," Hetherington said.

"You've got people manufacturing drugs in their basement or their bedroom, mixing different types of drugs in a chemical process. [It's ] very easy to turn [into] something toxic "

… .

Muddy bear


Byelections -- no change

More or less as expected there was no change in seat count as a result of the byelections.

Former Ottawa mayor Bob Chiarelli won the Ottawa West-Nepean riding for the Liberals on Thursday, while former Brockville mayor Steve Clark won Leeds-Grenville for the Conservatives.

That said, the margin for Bob Chiarelli was fairly tight and that may suggest something.

On the other hand, in spite of the economy and distaste for the HST the PC's have not been able to do anything except hold on to seats they already held. I still say they picked the wrong Leader (not that I am complaining ... but seriously, Christine Elliott MPP would be a much stronger contender).

Ice Bear


This picture is taken by the great Canadian film maker and naturalist John Stoneman -- I had the opportunity to work with Mr. Stoneman a few years ago. This picture was taken by him while he was living in the far North among polar bears; he claimed it was quite safe, just so long as you didn't dress up as a seal... !

Thursday, March 4, 2010

The man who has confidence in himself gains the confidence of others

Hasidic Saying

Highlights from Thursday's federal budget for 2010-11

— Total spending of $280.5 billion, up $12.8 billion over last year.

— Deficit of $49.2 billion.

— Total debt rises to $566.7 billion.

— Basic personal income-tax exemption (the amount you can earn before paying any taxes) for 2010 rises to $10,382.

— $3.2 billion in personal income-tax relief, largely through raising the basic personal tax exemption and higher child benefits for parents.

— Plan to reduce the deficit to $1.8 billion by 2014-15, largely by ending stimulus funding next year and restraining program spending.

— $7.7 billion in stimulus money for infrastructure.

— $4 billion for extra EI benefits and training.

— Freeze on EI premium rate (paid by workers and employers) until the end of 2010. Rate will likely rise in 2011.

Economic duress

Taber v. Paris Boutique & Bridal Inc. (Paris Boutique), 2010 ONCA 157 released today gives a useful summary of the law on economic duress:

 

[8]              There is no doubt that economic duress can serve to make an agreement unenforceable against a party who was compelled by the duress to enter into it.  Nor is there any doubt that the party can have the agreement declared void on this basis.

 

[9]              However, not all pressure, economic or otherwise, can constitute duress sufficient to carry these legal consequences.  It must have two elements: it must be pressure that the law regards as illegitimate; and it must be applied to such a degree as to amount to “a coercion of the will” of the party relying on the concept.  See: Stott v. Merit Investment  Corp., 63 O.R. (2nd) 545 (Ont. C.A.), at para. 89.

 

Getting into the dirt (over the Budget???)


Outsourcing city workforce

“There is no Democratic or Republican way of cleaning the streets”
Fiorello La Guardia

http://tiny.cc/KEuvb

The City of Toronto is an island of in-house labour surrounded by a sea of contracted-out services, says the C.D. Howe Institute.

“All 905 regions have a much greater degree of contracting out than Toronto,” said Ben Dachis, a policy analyst at the business-funded think tank.

The contrast is greatest in curbside garbage pickup, Dachis said. He pointed to figures from municipal budgets showing the percentage of the waste collection budgets spent on private services. In Toronto it is about 9 per cent, compared to 83 per cent for Markham; 90 per cent for Halton Region; 81 per cent for Peel Region; 61 per cent for Newmarket; and almost 100 per cent for Durham Region.

As mayoral candidate George Smitherman’s vowed to aggressively look for outsourcing opportunities, while vigilantly guarding the level of service given to taxpayers, echoed around city hall Wednesday, several councillors said he was ignoring the vast amounts of Toronto’s work already done by private providers.

Leave applications and delay in perfection

Sometimes an aside in a Court of Appeal decision can be helpful.  In R. v. Davis-Harriot, 2010 ONCA 161, released today, the Court makes a comment about leave to appeal applications that may be useful where opposing such applications, especially where the party seeking leave has not moved promptly.  The Court writes:

We are prepared to grant leave to appeal.  However, we would observe that delays in perfecting a leave application may well justify a     refusal of leave to appeal.

Another poll

More polls. Again they bounce around but we should be higher. I have high hopes for Canada at 150.

EKOS

The federal Conservatives maintained their three-percentage-point over the Liberals. (EKOS)The Conservatives are retaining their three-percentage-point lead over the Liberals, according to a new EKOS poll.

Asked which party they would support if an election were held tomorrow, 32.4 per of those polled backed the Conservatives, while the Liberals had the backing of 29.4 per cent.

NDP support stood at 15.2 per cent, the Green Party had 10.5 per cent, and the Bloc Québécois 9.4 per cent.

The poll results, which were released exclusively to CBC, are based on a survey Feb. 24 to March 2 of 2,796 Canadians aged 18 or over. The margin of error associated with a poll of this size is plus or minus 1.9 percentage points, 19 times out of 20.

Gay marriage in America

Same-sex couples line up as D.C. gay marriage law takes effect

http://link.email.washingtonpost.com/r/WUOQBH/665QP/10LT5E/K17KVK/45JQB/MQ/h

Sitting at a desk in the marriage bureau of the D.C. Superior Court on Wednesday morning, Angelisa Young's eyes filled with so many tears, she eventually buried her face in her fiancee's chest.

Something from the Throne Speech

When I was a child my teacher, a strong willed woman called Miss Freid, told us that we could sing "O Canada" and say "in all thy sons and daughters command".

And this was 1966.

Frankly, I like the line "True patriot love thou dost in us command" ... of course, if you use the French text and translate to English, well, it raises some other issues. Candidly the French text cannot be made politic with a minor word shift or two (see below):

"A sentence in the 6,000-word speech, which was delivered Wednesday afternoon by Governor General Michaelle Jean, said the Conservatives would ask Parliament "to examine the original gender-neutral English wording of the national anthem."

The lyric in question: "True patriot love in all thy sons command."

Under the Conservatives' proposal those words would revert to an earlier version of the anthem written by Stanley Weir in 1908.

"True patriot love thou dost in us command," the line by Weir reads. "

Now, for the French text:


O Canada!
Terre de nos aĂŻeux,
Ton front est ceint de fleurons glorieux!
Car ton bras sait porter l'épée,
Il sait porter la croix!
Ton histoire est une épopée
Des plus brillants exploits.
Et ta valeur, de foi trempée,
Protégera nos foyers et nos droits.
Protégera nos foyers et nos droits.

ENGLISH TRANSLATION
O Canada!
Land of our ancestors
Thy brow is wreathed with a glorious garland of flowers.
As in thy arm ready to wield the sword,
So also is it ready to carry the cross.
Thy history is an epic of the most brilliant exploits.
Thy valour steeped in faith
Will protect our homes and our rights
Will protect our homes and our rights.


Let Parliament try to make that politically correct!!!

Wednesday, March 3, 2010

Good night!


Parliament returns - Budget and Throne Speech

Seems pretty tame. Nothing startling.

What really happened to the Conservative Crime Bills in the Senate

The Harper government introduced 21 justice bills. Of the five that passed the House of Commons and came to the Senate:

- Two passed the Senate without amendment.

- One (the so-called Serious Time for the Most Serious Crime bill) was tabled in the Senate in November, but not brought forward by the government for any further action after that. It died with prorogation.

- One bill was passed with four amendments and returned to the House of Commons, which did not deal with it before Parliament was prorogued.

- One was being studied in committee when Parliament was prorogued, at which time all committee work shut down.

There were also two justice bills that the government chose to initiate in the Senate. One was passed by the Senate after 14 days. The other was tabled in the Senate on April 1, but the government chose not to bring it forward even for debate after that. It died with prorogation.

http://tinyurl.com/yfv3rrl

Tories, Liberals deadlocked in poll

Well, the polls are so bouncy I'm not sure they mean much:


Tories, Liberals deadlocked in poll
Published On Wed Mar 3 2010

The Canadian Press

OTTAWA-An extensive new poll suggests neither Conservatives nor Liberals would have any reason to trigger a spring election as they return to Parliament to face looming confidence votes.

The two-week survey conducted Feb. 18-28 by The Canadian Press/Harris-Decima gives the Tories and Liberals 31 per cent each. The NDP had support from 16 per cent of respondents, the Greens 12 and the Bloc Québécois 8.

Despite some blips in which Liberal or Conservative support has climbed slightly, neither has been able to solidify those gains.

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

416 225 2777

Rights and Democracy -- the never ending story...

What surprises me is not so much the actions taken as the fumbling. If the government had simply cut off the agency's funds there might have been a stink but nothing major -- then they could have set up a new agency, a little different perhaps, in the new budget and appointed whoever they wanted. Perhaps, to be fair, they really think they are doing the right thing and want to keep Rights and Democracy going?


OTTAWA -- Foreign Affairs Minister Lawrence Cannon has rejected the advice of all three opposition parties and is proceeding with the appointment of Gerard Latulippe as president of the Montreal-based Rights and Democracy agency.

"Mr. Latulippe's international background in advancing democratic governance and in strengthening civil society will contribute to the work of Rights and Democracy," Cannon said. "His breadth of experience in managing international economic development projects and in negotiating complex bilateral agreements will be an asset to the organization."

Cannon's announcement was distributed to the press gallery Wednesday but was timed late night Tuesday, apparently after news was out that three high-level administrators of the embattled Rights and Democracy organization were fired earlier in the day for "insubordination," according to their lawyer, Julius Grey.

Marie-France Cloutier, Razmik Panossian and Charles Vallerand were suspended with pay Jan. 29, from the federally funded, Montreal-based advocacy organization over allegations of leaking sensitive information to the media.

Read more:

http://tiny.cc/IlQOX

Tories, Liberals deadlocked in poll

Well, the polls are so bouncy I'm not sure they mean much:


Tories, Liberals deadlocked in poll
Published On Wed Mar 3 2010

The Canadian Press

OTTAWA-An extensive new poll suggests neither Conservatives nor Liberals would have any reason to trigger a spring election as they return to Parliament to face looming confidence votes.

The two-week survey conducted Feb. 18-28 by The Canadian Press/Harris-Decima gives the Tories and Liberals 31 per cent each. The NDP had support from 16 per cent of respondents, the Greens 12 and the Bloc Québécois 8.

Despite some blips in which Liberal or Conservative support has climbed slightly, neither has been able to solidify those gains.

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

416 225 2777

www.jmortonmusings.blogspot.com

Contempt of Parliament: a deconstruction

http://tinyurl.com/ygvohbp


James Morton, National Post
Published: Wednesday, March 03, 2010
Before being prorogued, Parliament ordered the federal government to release thousands of records concerning Afghan prisoners.

The order for records to be produced followed revelations that Canadian officials had some knowledge that Afghan prisoners captured by Canadian soldiers and handed to local Afghan authorities were subjected to abuse. Trade Minister Stockwell Day immediately told a press conference the government would not honour the direction of Parliament. There is no reason to believe the government's position has changed, and the opposition is likely to press the issue as soon as possible.

In theory, if the government ignores the order, as Minister Day suggested he would, Parliament could vote to find the government "in contempt."

What does this actually mean? Contempt of Parliament is the offence of obstructing parliament in the carrying out of its functions. According to the House of Commons Procedure and Practice manual, it comprises "any conduct which offends the authority or dignity of the House, even though no breach of any specific privilege may have been committed." The punishment for contempt of Parliament is in the discretion of Parliament. It seldom amounts to more than censure for misconduct, but is theoretically punishable by jail time.

Certiorari and review of a Preliminary Inquiry decision

It is clear that a Magistrate on a Preliminary Inquiry is not entitled to weigh evidence. If there is sufficient evidence upon which a reasonable and properly instructed jury could convict, the preliminary inquiry judge must commit the accused to trial:  R. v. Sazant, [2004] 3 S.C.R. 635, 2004 SCC 77

 

That said, today’s brief Court of Appeal decision in R. v. Young, 2010 ONCA 156 suggests a deference to the Magistrate that is somewhat unexpected:

 

 

[1]              We are not satisfied that the justice made a jurisdictional error in discharging the respondent on the charge of first degree murder.  While there was evidence, primarily consisting of statements made by the respondent, from which it would appear that the inference of planning and deliberation could have been drawn, the justice considered the entirety of the evidence and engaged her assigned task to determine whether there was sufficient evidence to support the inference of planning and deliberation.  Her sufficiency determination is not subject to review on certiorari.

 

[2]              We do not accept the Crown’s contention that the justice preferred the “defence” inferences over the “Crown” inferences.  She decided, arguably incorrectly, that there was insufficient evidence to support an inference of planning and deliberation.  We accept that even if that determination is wrong, it does not constitute jurisdictional error.

 

Seen on the Paris runways for Spring???


Coren Show on blogging - here's a link

http://tiny.cc/rKe4G

Politics of the judiciary

Hugh MacIntyre has an interesting blog about judicial appointments where he notes:

"Of the 66 judges who donated before their appointments, 41 gave to the Conservatives, 14 contributed to the Liberals, another 10 gave to both parties and one contributed to the NDP.

Yes, the numbers are overwhelmingly Conservative, but it does not appear that potential judges are being rejected because of their political affiliation. Thus it seems the outcry against the judicial appointment process is exaggerated."

http://tinyurl.com/yjun3hw


It's a fair point but the real issue isn't what "Big P" politics a judge has as much as the "small p" politics. Are they concerned about people or process? Are they principle or rule oriented? There are very fair minded, principle governed Conservatives, Liberals and NDPers -- and there are some narrow minded, rule bound others of all parties.

Tuesday, March 2, 2010

Not moving for another month ...


Blogger panel on Coren show

I have always had a soft spot for Michael Coren's show -- he's solidly social conservative but he has a wide spectrum on his show and he gives everyone (from left to right) a fair shake.

So when I got a call asking me to go on a blogger panel I was delighted. Trouble is, the Coren show is not an easy gig.

Being a talking head expert is pretty easy. Nobody cuts you off or even challenges you -- so long as you sound reasonably sane and speak in brief coherent sentences you are fine.

But on Coren it's a whirlwind round table and it's uncut; what you say goes on the air. Say something dumb and it's out there for the world to see. But say nothing or wait to speak your turn and ... well, you won't say much at all.

So as you speak you're trying to think ahead and be interesting but not too crazy (why oh why did I compare cannibal polar bears and politicians??? Now that was crazy!!!). You have to cut in and say your piece being serious but not too serious and if you play a game or stretch a point you will be jumped on. It's exciting but exhausting.

Of course, the topic, blogging, is one I think I know reasonably well. I do blog and have broken a few (albeit minor) stories that the mainstream media has picked up. But is a blogging panel worth repeating every month or so?

Probably; bloggers do have a differing perspective. That said tonight's panel was all political bloggers and the blogosphere is much broader than politics -- there a bloggers on every imaginable topic. (Seriously, do a search on 'cat blogs' -- there are thousands of them -- some nice and some nutz -- see, for instance, "http://www.catsthatlooklikehitler.com/cgi-bin/seigmiaow.pl": "Does your cat look like Adolf Hitler? Do you wake up in a cold sweat every night wondering if he's going to up and invade Poland?").

But for a first run the show was exciting and fun -- will I be back? If asked yes -- if not I will try to take my banishment with my head held high -- I can always just spend my time watching polar bear videos... . (and I will avoid Nazi cats).

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

416 225 2777

www.jmortonmusings.blogspot.com

I guess we are back to where we were

Now, in truth, the up and down between Christmas and the Olympics suggests that nobody's strength is very deep -- or maybe that Canadians are not focussing very closely on Federal politics (hard though that may be to believe). Still, the Conservatives are up:


Harper still shy of majority: poll

Tories would coast to win: Olympics make Canadians forget anger over proroging Parliament

By DAVID AKIN, Canwest News Service
March 2, 2010

http://tinyurl.com/ygu973r


Prime Minister Stephen Harper's Conservatives would coast to an easy victory - but not necessarily a majority - if a federal election were held today, according to a new poll done exclusively for Canwest News Service and Global National.

The Conservatives enjoyed the support of 37 per cent of voters across the country, followed by the Liberals with 29 per cent and the NDP with 16 per cent. In Quebec, 39 per cent of voters would cast their vote for the Bloc Québécois, pollster Ipsos Reid says. The Liberals were second in Quebec, with 25 per cent support, following by the Conservatives at 17 per cent and the NDP at 11 per cent.

Earthquakes in Canada

The dreadful quake in Chile was 500 times stronger than the one in Haiti. Fortunately it seems the death toll was far less -- probably because Chile, being used to earthquakes and technologically more developed, had earthquake proofed buildings.

Canada too has had earthquakes although not as devastating. On September 5, 1944 an earthquake damaged St. Paul's Church spire in Hamilton. Several people were killed and there is a small plinth remembering the event in downtown Hamilton. Around the same time (perhaps related?) there was a minor earthquake in Pembroke, Ontario but there appears to have been no injuries or serious damage.

There were significant earthquakes in Cornwall, Ontario in 1944 (perhaps the same as Hamilton/Pembroke?); on southern Vancouver Island, British Columbia in 1946; and in the Saguenay region of Quebec in 1988. Canada's most recent earthquake (although it was so slight as barely to be felt) was last Saturday February 20, 2010 being a magnitude 2.9 - it was 17 km ESE of Victoria, BC.

In 1929, the largest casualty toll from an earthquake related event took place in Canada (well, then it was another country but it became part of Canada) when an earthquake-generated tsunami hit the south coast of Newfoundland and 27 people died.

Thornhill 2010 Budget Breakfast







The Thornhill Liberal Riding had a very successful fundraiser this morning -- John McCallum MP for Markhan-Unionville spoke. Karen Mock, the Thornhill Federal Liberal candidate introduced Mr. McCallum and following some remarks a lively discussion ensued.

Polar bear news from Nuremberg


Flocke and Raspi are staying until April -- it seems the French quarters are not yet ready. Perhaps the move will keep being adjourned monthly forever???

Monday, March 1, 2010

Polar bears a young species



Ancient DNA tells polar bears' story


http://tiny.cc/zgKbC


Polar bear DNA from a partially fossilized jawbone found in Norway shows that the species is relatively young and adapted quickly to the arctic environment.




Researchers in the U.S., Norway and Iceland extracted DNA from a jawbone and tooth found in 2004. The remains are estimated to be between 110,000 and 130,000 years old.



The research analysis, published in the journal Proceedings of the National Academy of Sciences, shows how the polar bear is related to the brown bear and how quickly they responded to changes in climate.



"Our results confirm that the polar bear is an evolutionarily young species that split off from brown bears some 150,000 years ago and evolved extremely rapidly during the late Pleistocene, perhaps adapting to the opening of new habitats and food sources in response to climate changes just before the last interglacial period," said Charlotte Lindqvist of the University of Buffalo, in a statement.

Bloggers say fairwell to Flocke and Raspi


I hope we can follow them in the South of France!!!


Retroactive tax legislation effective

Can the Legislature retroactively change tax legislation so as to overrule a court decision?

Somewhat surprisingly, the answer is yes.

See today's decision in Procter & Gamble Inc. v. Ontario (Finance), 2010 ONCA 149.

Here Procter & Gamble Inc. had obtained a declaration of the Superior Court of Justice on August 30, 2006 that it was exempt from retail sales taxes. The legislature amended the Retail Sales Tax Act to over rule that decision and made the amendment retroactive to May 7, 1997. 

The Court held:

[54]         No doubt P&G had hoped, by departing the tax arena and obtaining a declaration interpreting the RSTA, that it could use the declaration to its advantage in its assessment appeals. The law, however, can change, as Dickson J. pointed out in  Gustavson Drilling (1964) Ltd. v. M.N.R., [1977] 1 S.C.R. 271 at pp. 282-283:

No one has a vested right to continuance of the law as it stood in the past; in tax law it is imperative that legislation conform to changing social needs and governmental policy. A taxpayer may plan his financial affairs in reliance on the tax laws remaining the same; he takes the risk that the legislation may be changed.

The mere right existing in the members of the community or any class of them at the date of the repeal of a statute to take advantage of the repealed statute is not a right accrued...

[55]         To the extent that P&G regards the result as unfair, Major J. explained at some length in British Columbia v. Imperial Tobacco Canada Ltd., [2005] 2 S.C.R. 473 that retroactive legislation often appears unjust.  He wrote as follows at paras. 74-75:

The first is Air Canada [v. British Columbia, [1989] 1 S.C.R. 1161]. In it, a majority of this Court affirmed the constitutionality of 1981 amendments to the Gasoline Tax Act, 1948, R.S.B.C. 1960, c. 162, that retroactively taxed certain companies in the airline industry. The amendments were meant strictly to defeat three companies' claims, brought in 1980, for reimbursement of gasoline taxes paid between 1974 and 1976, the collection of which was ultra vires the legislature of British Columbia. ...

The second is Authorson v. Canada (Attorney General), [2003] 2 S.C.R. 40, 2003 SCC 39, in which this Court unanimously upheld a provision of the Department of Veterans Affairs Act, R.S.C. 1985, c. V-1, aimed specifically at defeating certain disabled veterans' claims, the merits of which were undisputed, against the federal government.

[56]         While these outcomes may appear unfair or unjust, it is the legislature's prerogative to determine tax policy, not this court's.  Given the clear intent of the legislature to retroactively amend the RSTA, this court must give it effect.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

www.jmortonmusings.blogspot.com

Are liberals and atheists smarter?

An interesting story but the differences seem immaterial. More to the point, if there is a difference it may well be a selection effect only; the default position in the United States is conservative and religious. As a result persons will default to that -- which means more people at the lower end of intellect will be "religious and conservative". A similar study in a nation where there is a different default could show a very different result.

My point is not to say conservatives are correct -- but their errors are not due to a lack of intellect.

http://tiny.cc/pWpZW

In new research bound to irk conservative geniuses, people with high IQs are deemed more likely to be liberal, monogamous non-believers than those who are less intelligent.

Satoshi Kanazawa, an evolutionary psychologist from the London School of Economics and Political Science, says it makes sense biologically.

In an article for Social Psychology Quarterly, Kanazawa lays out facts based on U.S. data to support his theory. According to that research, young adults who identify as "not at all religious" had an average IQ of 103 as teens, while those who identified as "very religious" had an average IQ of 97.

Similarly, young adults who called themselves "very liberal" had an average IQ of 106 during adolescence, while those who identified themselves as "very conservative" had average IQs of 95.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

www.jmortonmusings.blogspot.com

Beer battle?

President Barack Obama now owes Prime Minister Stephen Harper a case of beer.

Obama made the friendly wager with Harper before Sunday's U.S.-Canada gold medal game. Canada beat the United States 3-2 on Sidney Crosby's overtime goal.

Obama had a case of Yuengling, a Pennsylvania regional brew, riding on the game. Harper wagered a case of Molson Canadian.

The beer battle pitted Canada's oldest brewery against the oldest beer maker in the United States. Molson Canada is now a subsidiary of Molson Coors Brewing Co., a marriage of Molson and Denver-based Coors.

Meow!