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
Canadian Law and Policy
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
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:
"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
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
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
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.
Taber v. Paris Boutique & Bridal Inc. (
[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.
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.
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.
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.
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

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
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.