Banning what was already Banned.

CARLOS OSORIO/TORONTO STAR


ETF officers and K-9 unit search for clues on Janet Blvd. after 2 p.m. shooting at Lawrence Ave. E. apartment building April 8, 2008, left two men injured.

Banning what was already Banned is more Politics than Sense..

With increasing rate of Gun Crimes in the Greater Toronto Area, particularly in the areas where the Drug and Gang cultures are prevalent, the Toronto Council’s Executive committee unanimously approved a resolution banning handguns..

The Best the City could do is asked the Federal Government to ban Handguns...But. But handguns have been effectively banned across the country for a long time already..Handgun can be carried only by Police Officers and Security Personnel (armoured vehicles guards).

Yet, handguns can be had by anyone legally under the law and without the limits as to how many a person can have as long as the requirements of the law regarding proper and safe storage are complied with and all others such as they must be registered, and only for the purpose of Collection and Sports (target shooting).

But lately, some gun crimes involved legally owned handguns committed by its owners and most stolen from their owners, but majority still involved illegal handguns smuggled from across the border and traded illegally on the City Streets.

If indeed ownership of handguns should be banned, it can not only be done locally in particular city or province, but the whole country as Criminal Law is the Federal Government responsibilities and banning ownership in one place, but not in another is surely in Violation of the Charter's provision on Equality...

But the Federal Government had already informed the City of Toronto Government that Canada’s Gun Control Law is the Strictest it could get as handguns are already effectively banned. What is needed is the Policing aspect of enforcing the Gun Law and the enforcement of as much the Maximum penalty for violent Crimes involving firearms..

Also lately, Police forces in the GTA let it known that most of the suspects arrested in violent gun crimes are either repeat offenders, or Out on Bail for another Gun Crimes or Violent Crimes.

The granting of Bail for violent crime offenders should be reviewed and this is where the Onus should be Reversed and the burden should be shifted to the Accused to justify granting of Bail before the resolution of his or her case.

Yes, witnesses have been hearing lot of fireworks, anytime of day and only to read in the paper or watch in the t.v. or listen in the Radio that another one had been a victim of a gun crime, and sometimes a completely innocent by-stander...

for today's fireworks, clik here and here and for much bigger fireworks it's here

UPDATE: A 7 yerrs old boy that was reported missing during the shooting and who may have witnessed the shooting had been located by the Police together with his Father in the Same Building Complex where the incident happened..the boy's father was charged for the double shooting...it's here just clik...

Lord Conrad Black of Crossharbour, Guilty on Four Counts...

Monica Prince, a juror in the Conrad Black Trial with daughter Denean and granddaughter Nicole.

The Fall of Conrad Moffat Black, Baron Black of Crossharhour...
http://en.wikipedia.org/wiki/Conrad_Black

After Twelve Days of Deliberation, the jury of Twelve, told Judge Amy Ste. Eve, that they had a Unanimous Verdict.

Conrad Black is Guilty on Four Counts, Not Guilty on Nine Others.
*one count of Obstruction
* three counts of Mail Fraud
His former business associates Jack Boultbee, Peter Atkinson and Mark Kipnis were also convicted on three fraud charges each.

The Jury Job is Done...

And now we’ll listen to what one of the Jurors has to say about the Trial:
(Pls. note that Jurors in the U.S. may talk to the Media after the verdict had been handed down, while in Canada it is Illegal to do so.)

Labeled by some Canadian Media as "blue collar jury" for having members drawn from blue collar workers of Chicago, and despite avoiding the Media during the trial, the label did not escape the Members of the Jury. And they are out to show that they will be able to hand down a verdict Fair and Square as one of the Jurors said during the pep talk among themselves:

"They're calling us country bumpkins. They think we're too stupid to figure out this case."
And the Jury the Media called "country bumpkins" and "blue collar jury" came back with a Unanimous Decision...How fair could you Get?

For more of what Juror pictured in this entry, has to say about the case clik the links:
http://www.thestar.com/News/article/236080

-Frauds... Scams... Mail Frauds will somehow catch up on you, Mr. Black should have known. Investigated for the same wrongdoings by the RCMP in the past, but was never charged for lack of evidence, he had a choice, and His had caught up on Him...and the stain will mark the Legacy of a very intelligent man, although somehow vain, an accomplished Biographer, and a business Magnate.

Now, he wanted his Canadian Citizenship Back, after renouncing it, in order to Become a Life Peer in the British House of Lord. (house resolution of l919, would not allow a Canadian of British subject, now Canadian Citizen to become a member of any British Royalty or granted a peerage, whatever that means). And the reason why, because of the agreement between the two countries for its citizen to serve her or his sentences in each home country for the conviction in the other, and Lord Black figured out that Canadian Jails, if it comes to that, is still Home....

*********************************

Pot laws thrown out, CBC reports



Jul 14, 2007 04:30 AM Canadian Press
Prosecutors say they plan to launch a speedy appeal of a Toronto judge's ruling that Canada's marijuana possession laws are unconstitutional.

CBC News reports the judge made the ruling in dismissing charges against a 29-year-old Toronto man charged with possession of 3.5 grams of pot.

The man's lawyer argued that the federal government made it policy, under Health Canada's Marijuana Medical Access Regulations, to provide marijuana for medicinal purposes, but never made it a law.

CBC News reports that Judge Howard Borenstein agreed that this brought all possession laws into question and dismissed the charges.

Borenstein says he'll wait two weeks before making his ruling official.
Defence lawyer Brian McAllister told the CBC that the ramifications of the ruling, if it stands, could be "pretty big."

Warning: Don’t go out as yet popping those weeds in Front of the Cops, be a little discreet, not good for the Kids...

Ombudsman to investigate the SIU..

SIU investigator on the scene of the crime...


The Ontario’s Ombudsman is taking on the Special Investigation Unit (SIU), the Civilian Agency that Probes serious injuries and deaths involving Police, over concern that it maybe biased towards the Police.

Ombudsman Andre Marin, himself, SIU director in the l990 said that there has been a troubling increase of complaints from the Public that the SIU is alleged to not doing its job properly.

The Ombudsman told a news conference that his investigation is based on complaints from 8 families who have suggested that the SIU probes of Police Conducts lack objectivity and were less thorough.

Twenty complaints were given preliminary investigation and 8 of them will be put under the "microscope".

A few among them was the case of Jeffrey Reodica, a Pilipino Youth shot and killed by a Metro Officer in which the SIU investigations declared that the Officer was justified in his Actions.

But the Coroner’s Inquest that followed, found so many defects and inconsistencies to the investigations and processes.

Note: The Reodica Family had filed a $5.4 millions civil lawsuits against the police services, the officer and the chief.

And here’s another case: Toronto Lawyer Julian Falconer who said he represented two of the cases cite one of his cases.

Hafeez Mohamed had been stopped in Pickering for drunk driving by Durham Regional Police, with four times the legal limit of alcohol in his blood last May and spent over a month in intensive care, yet the SIU found the use of force was "appropriate and reasonable," Falconer told a news conference.

"There’s a potential reality that a pro-police culture has taken over the SIU."

Mohamed said he was too drunk to remember if he resisted the police or not.

The Ombudsman said his reports will be ready by the end of October.

If the Politicians, the Liberal Government of Premier McGuinty, in particular Attorney General Michael Bryant, had followed up on the many complaints voiced against the SIU, there would be no Ombudsman's probe necessary.

Obviously the Government has been sitting on the complaints, so Ombudsman Marin has to step in.
http://www.thestar.com/article/222795


Worth Repeating:

Editorial... Toronto Star
Jun 08, 2007 04:30 AM

Organizers of a Toronto gala and opera celebrating the accomplishments of Winnie Madikizela-Mandela say they are "devastated" by Canada's refusal to allow their political hero into the country. And Madikizela-Mandela, the 70-year-old ex-wife of former South African president Nelson Mandela, is understandably upset too.

Their distress, though, should be tempered by the fact that Canadian officials are right to refuse to allow a visit by this controversial figure.

Madikizela-Mandela's many admirers celebrate her work as an anti-apartheid activist and a bold campaigner in the fight against AIDS in South Africa. Indeed, she has been effective on both those fronts.

But there is another side to Madikizela-Mandela that must not be ignored, or indirectly condoned, by letting her into Canada to be celebrated. In 1991, she was convicted of having a role in the kidnapping and subsequent murder of Stompie Moeketsi, a 14-year-old boy accused of being a police informer. Her six-year jail sentence was reduced to a fine on appeal. Then in 2003 she was convicted of 68 counts of theft and fraud, for which she received a suspended sentence.

These were not trumped-up charges, or accusations that had no legal merit. And the resulting convictions surely justify barring Madikizela-Mandela from the country under a Canadian rule refusing admission to anyone convicted of serious crimes.

Madikizela-Mandela's supporters have a right to focus only on the bright side and mark her achievements with glowing speeches and a new play, titled The Passion of Winnie, which opens tonight. But Canada's government is obliged to look at the entire record. And that record is troubling to such a degree that it justifies keeping her out.

In a speak out section of Toronto Star, I have this to say:

"We have a process to be followed in admitting visitors and immigrants to our country, irregardless of whom they maybe and that is including Ms Mandela, that we under our policy to apply equality to all and I applaud our immigration officers for adhering to such". ---vic

To Donate or not to donate, that is the Question...

Ontario's Education Minister Kathleen Wynne


To Donate or Not to Donate for Your School Boards, that is the Question:
Parents can now raise money for school auditoriums, additions, even a pool – any major construction – under policy changes adopted by the Peel School District board that are raising fears of a two-tier system.

In the past, some School Boards accept donation from parents for minor school project, but it was never an official policy of any District School Boards to raise funds from parents purposely for Capital projects.

But some Fifteen Years ago, the power of taxation was taken off the School Board to raise taxes for shortfall on the Boards budget and some affluent districts or communities have been accepting voluntary donations from parents, some for major project such as auditoriums, swimming pools or any major constructions. And it sparks fear over a Tow - Tier system.

Before I go on, secondary education in Ontario as well as the whole of Canada is publicly funded and is guaranteed to be Equally accessible to all Canadians and legal residents. Simply means what’s good for little Johnny or Zvi is also good for Juan or Ali or Chi Kuang Ho.

And here again, we listen to what the people whose words and actions matters most say about the issue:

From the Chair of Peel District School Board who started the ball rolling, Janet McDougald:

In the past, parents have raised funds for such things as computers and playground climbers, but in recent years groups have come forward who want to contribute "in a big way," by financing a renovation or even purchasing a portable."

Our policy did not address fundraising projects such as that," said McDougald. "We are definitely, in Peel, open for business and we welcome all opportunities that would increase success for our kids and opportunities – we want to be able to entertain these kinds of things.

My question for Jane: How about in some district where parents can’t afford to donate a portable, can we send their children to your school? Just you wait and Janet has already some kind of answer to this query.

But the trend is not setting well with some, especially this, from the Catholic School Board,
Oliver Carroll, Chair of Toronto Catholic District School Board:

You are just asking for trouble. The discussion have been a non-starter for my board. It divides communities when it’s over and done with.

Annie Kidder, People for Education advocacy group also added:

It’s a two ties of funding education, in an area where parents have the time and the money, a school might get a gym but what about a school in less affluent areas?

Answered Back Janet (I told you so):

We'll try to address some inequities. If we could have a community build us a bigger library or resource centre, or refurbish a science lab, that would be money freed up that could go to a school that doesn't have those things.

It's not perfect, it will create some inequities and the board is fully aware of that, but we have to take advantage of those (fundraising) opportunities.

Hold it a minute there Janet. Section 15 of our Charter, which deals with Equality is very clear about your last statement. I’m afraid somebody, sometimes in the future will challenge your Board policy and it will invalidate that specific one, then what?

Well, Janet is quite fully prepared and here’s more she wants to add:

While there have been no proposals since the policy changes were passed at the board's March 27 meeting, future projects will have to undergo a "viability review" to ensure the board can afford any ongoing costs and maintenance.
If someone wants to put air conditioning in a school, that's the small cost,"
We want to make sure that whatever is being built is consistent with our planning and our board goals.
If the community wants a swimming pool, but that school really needs a science lab ... we might say, `We want to work with you, but could you see a way to fulfill this priority?

But Anne Kidder is not done yet. Remember her?, the Education for People advocate:

Kidder said the issue speaks to the funding problems boards face, because no government in recent years has paid attention to the spiralling costs of renovating, building or repairing schools, not to mention heating and lighting them.
"Schools do need upgrading and they do need work,". "I don't think they're all totally falling to pieces, but if you are a parent and you can see the need in your own school, I understand the desire to fix up your school.
"But governments are supposed to make sure that all schools are great, and when you rely on fundraising that's not going to happen."


Well, most had said their piece already, oh wait a minute, before I go to the one most important person, here another from the man of the cloth.

Rev. Stefan Wolf, parent council chair at Glenhaven Senior Public School in Mississauga:
(Mississauga is one of the cities composing the Peel Region)

In recent years the board has poured a lot of money into renovations and upgrades to the gym, windows, entrances, schoolyard and parking lot.
We are very pleased with the Peel board. However, the school is located in a highly transient neighbourhood that's considered at-risk, and fundraising is difficult. If it was up to the parents to fundraise for such building amendments, we wouldn't be able to do it."

And now for the Important Character, Ontario Minister of Education Kathleen Wynne (show us the Money).

While fundraising in general raises equity concerns, it is up to boards to set their own policies.

I don't think any board would want to see one school develop to the disadvantage of others, she said, adding she wasn't aware of any others following the Peel's lead.
"It's a delicate issue because trustees are responsible for all schools in their board," she said. "They have to make decisions that allow schools to be in relatively equal position."
Wynne noted the province has given boards money that allows them to leverage $4 billion for capital projects, which she called "a good start."

Me and my little message to the Honourable Minister: Threading a delicate line there Minister, but overall you have done a good job, actually an excellent job, too bad your admirer is a Conservative and will campaign against your party this fall election, but personally I wish you the Best....

Links to my daily paper (maybe the Star will waive my next year’s subscription payments) since I don’t make more than a cup of Tim Horton’s coffee on this Blog adsense..hehehe..
http://www.thestar.com/article/206074

PROUD FM 103.9 Toronto Gays' Station on the Air

Tomorrow April 16 at 6.00 a.m. the first ever GLBT FM station will hit the airwaves. PROUD FM 103.9 was granted a license after a 10- year wait, not because of the homophobic attitude of the Licensing Body the CRTC (Canadian Radio And Telecommunication Comm..) but the availability of Air Space.

http://www.thestar.com/artsentertainment/article/203205

Claiming to be the first commercially licensed radio station to specifically target the gay, lesbian and transgendered communities, the Prime Time morning slot will by hosted by a couple of a very well-known commodities Ken Kostick and the (still not outed) Mary Jo Eustace. The pair had been together for more than 600 episodes of "What’s for Dinner" T.V. shows.

For Kostick and Eustace, it's been an easy transition – they like to bring up the fact that years ago, Eustace outed Kostick on television long before it was fashionable ("We though it was an obviousity, but not to all the viewers. Many thought we were married. Can you believe that?" she says). Although as they've been pre-taping a few pieces and preparing for tomorrow's debut, there have been a few slips of the tongue that come with the new gig, although none of the Don Imus variety.

The Mid-Day show will be dejeeyed by Deb Pearce who has this to say about the new station:

"At Jack FM, ( a sister FM station) I didn't want to be looked at as a lesbian, I wanted to be thought of as the talented woman on the morning show. So now I'm exactly who I am and I don't have to change pronouns, I don't have to pretend I have a boyfriend or say I went for dinner on King West last night, instead I'll say I went to Drag Idol on Church St. It's just a sense of honesty that I enjoy," she says.
"This feels like sort of an arrival. And almost a validation, it's important there's enough of us that exist to have a radio station built about taking about our issues, or gay people talking about any issues."

On in the Afternoon Slot enter Maggie Cassella, the lady of Rant, better known for her Loudmouth that being a Lesbian and here what she has to say:

"It is what it is, and they hired me to do what I do. To be honest, I've never had any issues since I moved to this country," said the American ex-pat. "It's never been about me being a lesbian, it's been about me being a woman who's loud and aggressive and that doesn't always work on television, but with radio, every time I check myself, they say no, no, no, don't check yourself."

There is something new coming out of this city in particular and the country in general every now and then and it is healthy. We have evolved. For the Listeners it is chance to hear how different sexual orientations sound or no difference at all.

Addendum:: You can Listen to the Station Live at:

http://www.proudfm.com/player.php

Justice - Philippines Style...The Lady is Blindfolded but Still Can See

JuStice Philippine Style...

Read in Philippines Daily Today about the Incident where the Grandson of late President Marcos, the country leading Commercial Model Borgy Manotoc was involved in a violent incident where another member of the country elites was the alleged victim.

Instead of the Police Authorities investigating the Case to find out who started the incident, who assaulted who and file proper misdemeanor or felony charges in Proper Court, the case now involves the battle between the alleged victim's lawyer and the alleged assailants' lawyers.

Before any investigation has even started, Manotoc already offered an apology and the mother, House Representative Imee Marcos was alleged to have already talked to the victim’s mother Mara Pardo de Tavera (Spanish sounding name) and she said Ms Marcos sounded apologetic.

To my understanding the way the press summarized the incident this was what happened:

Carlo the alleged victim was attempting to talk to Borgy’s Girlfriend (this is somewhere in some kind of high end Bar) and He was Ganged Up by Borgy and His Group.

But hold on. There will be about a dozen versions of this incident and even the Superintendent of the Police has his own version and so are the lawyers of the victim (why would the victim needs a lawyer, isn’t this the duties of the Public Prosecutors? Or the victim already filing a civil case?) and the alleged assailants and even the "girlfriend".

Here are some statements (or quotes) from the Philippines Justice Officials and all its related relatives:

Chief Superintendent Corpus referring to the Victim’s:
They did not bring any documents with them yet, such as the medical certificate. But we are ready to accommodate any case they intend to file. We will assist them."

My say:
No Chief, It is your official duty to determine if a case needed to be filed, and have all the evidence prepared including the medical reports and all the victims responsibilities are to be the witnesses to your prosecutors’ case.

Herminio Barrico Jr (alleged victim’s mother lawyer):

We are still going through the (formalities) of preparing the case. There is nothing definite yet," Barrico said, adding that they might file the case by the end of the week.

My two cents=90 centavos:
Again, all the while filing of Criminal Charges are the lone responsibilities of the Prosecutors, we call them in ours, Crown Prosecutors and in the States for States Cases, States Attorneys, or Asst. U.S. Attorneys for Federal Cases. I maybe wrong, but never heard of private lawyers filing criminal case.

And here’s an Interesting one from Police Officer Garcia when Borgy presented himself for investigation but was advised to seek counsel of a lawyer but said he was told by a Lawyer to Just wait for the Case and He will Just File Counter Charges.

I am confused:
What is this? A threat? Here's a victim ended up being charge by another private lawyer? I will put it this way. Somebody punched my nose, the cops charged the bugger; let's say the judge or jury decided not guilty for lack of evidence; now his lawyer file a counter charge against me - might as well punch the lawyers nose and file counter charges against him later. Guilty or not guilty.
Note: An alleged victim could be charged by the Cops in return for michiefs or even serious crimes if testimmonies leading to the charges were false. But not by the Accused Lawyers.

My Final Comment:

And we are wondering why Philippine Justice seems to be working Just Fine? Something for the Rich and the Famous and the Wealthy. And if you happen to be poor like me, well at least I’m out of reach of the "blindfolded" lady, the symbol of Philippine Justice, Just-Tiis na lang (Just Suffer, whatever the consequence), or if you believe in Prayers and Miracles, that's one of the options, the other, the lest desirable, unto thy own hands, Justice is Served...

Canadian "Charter of Rights and Freedom" - Twenty Five Years After...

The Queen and Prime Minister Pierre Elliot Trudeau signing the Charter of Rights and Freedom, the Constitution Act of l982..


Twenty Five years after the Charter:

Twenty Five Years ago the "Constitution" came home and the Charter of Rights and Freedoms was born.

Canada was created as a Nation by the British North American Act (BNA), an Act by the British Parliament and also the Supreme Law of Canada.. Until the repatriation of the Act, it can only be amended by the British Parliament. It was repatiated in l982.

And since that drizzly ceremony on April 17, l982 where the series of signatures, including that of Queen Elizabeth II was affixed to the Document, Canada has it’s own Constitution drafted and enacted by our own Government. Otherwise known as the Constitution Act of l982, the Charter of Rights and Freedom was entrenched in the Constitution and become the basis of hundreds of Challenges that have gone all the way to the Supreme Court to determine how far
the country will go on abortion, same-sex marriage, the death penalty, private health care, police powers, Sunday shopping and freedom of speech.

Many laws were struck down as unconstitutional and many were upheld.

http://www.thestar.com/News/article/200519


In this entry I will post the few notable challenges and the resolutions:
http://www.thestar.com/article/200518

Oakes (1985)
Established the framework for analyzing all Charter claims – a multi-part test that requires courts to consider whether the government can justify unconstitutional laws or practices. After being charged with drug possession, Edward Oakes successfully argued "reverse onus" provisions in the Narcotics Control Act, which required accused people to prove they were not in possession of a narcotic, violated presumption of innocence.

The Oakes case becomes the basis for which the Courts will determine the Justifiable and Reasonable Limits to all rights. It is now popularly known as the "Oakes Test". You pass the test you win your challenge..

JUDICIAL POWERS
B.C. Motor Vehicle Reference (1985)
Landmark case giving judges sweeping powers to apply the Charter, including striking down laws, a cornerstone for judicial activism. The case involved a challenge to a B.C. law that imposed jail terms on anyone driving with a suspended licence.


This case was the basis where a judge, even in the lower court could declare a particular law unconstitutional and that will make the law ineffective until it is repealed or replaced or modified by the Parliament (Federal or Provincial).

PRIVATE HEALTH INSURANCE
Chaoulli v. Quebec (2005)
Quebec's ban on private health insurance struck down. In 4-3 ruling, Supreme Court says Quebec government can't prevent people from buying private health insurance for procedures covered by medicare. George Zeliotis, tired of waiting for a hip replacement, had joined forces with Dr. Jacques Chaoulli, who wanted to set up a private medical clinic for the procedures. Case regarded as a referendum on Canadian health care.


Although most basic health care procedures are covered, it is a first come first serve basis. This challenge allow private insurance coverage for procedures already covered by the Universal Health Care.
Note: The federal government has just enacted a law regarding the "wait time" for medical procedures. The law specifies the maximum "wait time" for which a procedure should be performed. That is for electives or non-emergencies.

Security certificate limits
Charkaoui v. Canada (2007)
Supreme Court rules that aspects of Canada's security certificate regime used to detain and deport suspected terrorists violate principles of fundamental justice. People detained on the certificates were generally not allowed to see evidence against them on the grounds it involved "national security."


These particular provisions of Immigration Law, also used to combat suspected terrorists under the anti-terror law also extend the Charter Fundamental Rights to even non-citizens or even illegal aliens.

Most of these challenges were funded by the Government Legal Aid programs, but were slowly but gently cut and some were pro bono basis...


Some of the Provisions of the Charter which I like the most are:

Fundamental Freedoms
Fundamental freedoms 2. Everyone has the following fundamental freedoms:
(a)
freedom of conscience and religion;
(b)
freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
©
freedom of peaceful assembly; and
(d)
freedom of association.

Equality Rights:
Equality before and under law and equal protection and benefit of law 15.

(1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.

Through a series of court decision, "sexual orientation" is now included as one among the groups that are entitled to Equality. The coverage is now complete..


And to make sure that each and everyone must be Aware that with these Rights and Freedoms, come the reminder that without Responsibities and Reasonable and Justifiable Limits, such rights will be subject to abuses and failures inherent to human individual. Section 1 is the Check and Balance of the whole Charter.

Guarantee of Rights and Freedoms
Rights and freedoms in Canada
The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

There you go, the Supreme Law of the land, may not be perfect, but without it, might as well live in the Jungle....