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Morton's Musings: Misapprehensions of evidence

R. v. Fournel, 2014 ONCA 305:

[38] The first two grounds of appeal relate to purported misapprehensions of evidence made the trial judge. The standard for setting aside a trial judgment on this basis is a demanding one. It is not sufficient to show that a trial judge has drawn different factual conclusions from evidence than those advanced by a party at trial. As this court recently stated in R. v. Cloutier, 2011 ONCA 484, at para. 60:

 A misapprehension of the evidence may relate to a failure to consider evidence relevant to a material issue, a mistake as (Read more…)

Politics and its Discontents: Happy Earth Day

I truly wish there was something to celebrate. Take a look at my previous post and the commentary from the Mound of Sound that accompanies it; then watch this short video.

Their commonality? A rapacious industry and an economic system that disdains impediments to their profits, and a federal government (a.k.a. the Harper regime) at their compete disposal.

Recommend this Post Help stop secrecy at the TPP negotiations now.

Right now, Obama is meeting with leaders in Asia to finalize the secretive Trans-Pacific Partnership (TPP) agreement.

read more

Progressive Proselytizing: Edward Snowden’s every move still strikes controversy

With Edward Snowden’s major contribution to history – the leaking of the NSA documents that shed significant light on what our governments are doing – now well over and done with, you might think we would be focusing on the revelations themselves, and that little if any attention would need to be given to the whistle-blower himself. Alas, as has been something of a pattern, this is not the case.  The latest flare up came about when Snowden was given the opportunity to ask Putin a question on electronic surveillance in Russia. The pushback on this was widespread, (Read more…)

Babel-on-the-Bay: Rt. Hon. Herb Gray, P.C., C.C., Q.C. 1931 – 2014

Herb Gray was smart, funny, wise, impish, a mentor and a friend. And it was a friendship that lasted over 50 years. We met over copy he had sent to the then party publication Liberal Action in the early 1960s. He had just been elected to parliament in Windsor West and he quickly established himself as one of the leading left-wing thinkers in the party. He was our maven.

Herb set some amazing records in Ottawa. He served continuously in Parliament for more than 39 years. He was in parliament during the time of eight different prime ministers. He served (Read more…)

The Progressive Economics Forum: Labour Market Data Sitting on a Shelf

The Globe and Mail reports that the results of the Workplace Survey have sat on a shelf for two years due to cuts at Statistics Canada and a lack of funding from Employment and Social Development Canada.

This, while the Minister for ESDC says that Canada’s labour market information is inadequate and “we need better data”.

Perhaps the Minister can spare some of the advertising budget for the Canada Job Grant to analyse the data that the Canadian government has already spent $4.6 million to collect.

I had earlier expressed hope that the results of the Workplace Survey would soon be (Read more…)

B.C. Policy Perspectives: Senator Frum and Minister Poilievre Have a Strange–and Suspicious–Set of Priorities When it comes to Electoral Reform

Senator Frum seems to think that the route to higher voter participation lies not only outside the offices of Elections Canada, but primarily through the mechanism of restoring “integrity and public confidence” by demanding higher “common sense”  requirements of voter identification, even though there is no evidence that low turnout has in in any way been caused by questionable vouching for students and otherwise marginal voters and its supposed impact upon voter confidence in, or perceptions of,  the integrity of  the electoral process.  She and Minister Poilievre rely heavily on the 42% error rate in vouching, but that error (Read more…)

Warren Kinsella: My daughter is going to the North American Indigenous Games!

She’s in her last exam at Dal, right now, and doesn’t even know: we just got the letter announcing that she’d been picked for the Ontario swim team, so you guys get to know before she does!

Wooot! Proud Dad, here.


Melissa Fong: How to ABUSE Canadian Citizenship: Blame Temporary Foreign Workers for problems of a global Capitalist Economy

How to ABUSE Canadian Citizenship: Blame Temporary Foreign Workers for problems of a global Capitalist Economy: Once again, the media uses the wrong gaze to look at a program that does […]

Politics and its Discontents: Words Fail Me Here

Unequivocally evil is the only phrase I can think of to describe this ecological and environmental outrage. Read the story and draw your own conclusions:

Ottawa removing North Pacific humpback whales from list of ‘threatened’ species Recommend this Post StopTheSecrecy

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Warren Kinsella: $10,000-a-meeting later, John Tory returns to the campaign trail

Ever wonder why John didn’t quit the Rogers board while he’s campaigning to be mayor of Toronto? Me too. Raises interesting questions about conflict of interest and whatnot.

Morton's Musings: Panda in a field

Morton's Musings: Causing a disturbance

R. v. Kukemueller, 2014 ONCA 295: [15]       The Criminal Code, s. 175(1)(a) provides that everyone commits an offence who “not being in a dwelling-house, causes a disturbance in or near a public place, (i) by fighting, screaming, shouting, swearing, singing or using insulting or obscene language…” [16]       The leading case interpreting s. 175(1)(a) is R. v. Lohnes, [1992] 1 S.C.R. 167. McLachlin J., writing for a unanimous court, stated at p. 171 that there are two elements to this offence, first, the commission of one of the enumerated acts; and second, that the commission (Read more…)

Warren Kinsella: SFH, mid-scream – plus, This Ain’t Ford Fest on Saturday!

From left: Bjorn Von Flapjack III, Royal Niblet, Ras Winkie Smith at CUP fundraiser – at which (we’re told) $700 came from donated merch.

This Saturday: come see us and others at the This Ain’t Ford Fest! Our new record will be on sale – and you’ll be shocked at who attends! (My nutty daughter will be staffing the merch table, for example.) (And Cola Heads, who rock, maaaan.)

Warren Kinsella: Go, Joe, go

I don’t care if he’s orange, blue, red or green. He’s a friend and I’d vote for him if I could. If you’re in Trinity-Spadina, you should, too.


The Moncton Times@Transcript - Good and Bad: April 22: Lots of comments…

…and I will answer them. But I’m running (behind) on a frantic schedule. I had no idea this is what retirement would be like.

_____________________________________________________________I  guess Ukraine is no longer a serious matter. Today makes it almost a week since we have seen the word Ukraine. Or Syria. Nor have we heard anything of US drones that killed 50 or more people who might have been terrorists. Or might not.

No, the big news is that funerals were held for victims of a mass stabbing in Calgary. That’s nice. So much better than just leaving them there on the (Read more…)

The Cracked Crystal Ball II: If You Love Canada … Read This

I don’t usually use this space to promote posts at other blogs, but at iPolitics Michael Harris has an excellent column that summarizes what Harper is doing to Canada.

Read.  Take it to heart, pass it along.

Accidental Deliberations: Tuesday Morning Links

This and that for your Tuesday reading.

- Duncan Cameron writes that Canada needs a new political direction rather than just a new government – and offers some worthwhile suggestions as to what that might include: The inter-generational bargain needs to be renewed. Today’s workers pay for their past studies and future retirement. Investing in youth and providing for retirement has social benefits and requires collective support. Much can done through a serious progressive income tax, but notable additional sources of revenue for student grants and other social spending exist. A financial transaction tax for instance could raise an estimated (Read more…)

Wise Law Blog: 140 Law – Legal Headlines for Tuesday, April 22, 2014

Here are the leading legal headlines from Wise Law on Twitter for Tuesday, April 22, 2014, Happy Earth Day!: Cheerios maker General Mills scraps plan to bar consumers from suing if they engage with it online  Pa. lawyer pleads guilty to charges he smuggled drugs to jailed client  Nullification, The Bundy Ranch And Right-Wing Lawlessness  Obama Names White House Counsel  People looking for a lawyer are turning to the Internet first, survey finds Do You Have What It Takes to Be a Sole Practitioner? Canadian Law Firm Brand Index 2014 From Acritas Walmart shoppers can now get $99 wills (Read more…) . . . → Read More: Wise Law Blog: 140 Law – Legal Headlines for Tuesday, April 22, 2014

Warren Kinsella: Ontario election: believe it, don’t believe it

Yesterday’s Ontario Newswatch report comes in for some particularly categorical, on-the-record condemnation from the Ontario NDP, here.

Two things: one, what else would you expect him to say? (viz., “Yes, it’s true, we are going to vote against the budget that hasn’t been tabled yet?”) Two, Bisson better hope he never runs into Sue Kelly in a dark alley one night. Accusing a veteran scribe of being a liar, as Bisson does, is something that should never be done lightly.

. Your Daily Digital Digest for Tuesday, April 22, 2014

Your news links for today:

A More Connected Canada – The Agenda Rogers Communications Inc racks up near $40-million tab paying CEOs in 2013 – Financial Post Rogers executive team earned $48,971,630 in 2013 – Mobile Syrup Analyst says the proposed $350 million Mobilicity/TELUS deal is ‘dead on arrival’ – Mobile Syrup Twitter blocks two accounts critical of Turkish govt – RT News James Clapper Bans Intelligence Community From Basically Any Interaction With Nearly Anyone With A Social Media Account – Techdirt The Canadian Surveillance State: US-Style Politics Creep North – PanAm Post The Copyright Monopoly’s Fundamental Problem Remains The (Read more…)

Things Are Good: Transition From Knowing About Earth Day to Acting to Help the Earth

Today is Earth Day which is a day that calls people to be conscious of the environment and find ways to help or protect nature. It’s a great intuitive that has been around since 1970 and it’s impact continues to grow. One issue that a lot of environmental organizations run into is transitioning people’s knowledge of negative environmental behaviour into direct action.

This where a new web service called Rallyware can potentially help out. It looks alright and is one of many initiatives we’ve seen attempt this – hopefully this service will be a great success.

According to Rallyware CEO (Read more…)

Defending Public Healthcare: How Ontario public sector health care funding lags behind

The Ontario public sector spends less than almost all other provinces on health care.  And it’s falling further behind.  Over the most recent four years per capita spending increased 9.7% across Canada, but only 5.2% in Ontario.  With this, the Ontario public sector spends less per person than any other province except Quebec. Ontario public sector spending equaled $3,952 per person in 2013, but the all-Canada average was 6.3% (or $248) higher, at $4,200 per person, according to a new report from the Canadian Institute for Health Information (CIHI). Heading for the bottom: Quebec, (Read more…)

. . . → Read More: Defending Public Healthcare: How Ontario public sector health care funding lags behind

Northern Reflections: How’s He Doing?

This week marks the first anniversary of Justin Trudeau’s ascension. Lawrence Martin writes that the Harperites are filling the air with polls. They have tried to make hay in the aftermath of Jim Flaherty’s death, pushing the meme that he  — and they –  have been superb economic managers. However,

Mr. Trudeau’s accomplishment has been to bring back the Liberal support base. That base is traditionally larger than the Conservative one. This has been evident in polls that have shown the Grits around 35 per cent and the Tories at around 30. That picture has held not only for the (Read more…)