Thursday, July 21, 2016

"Eh?"


Wednesday, July 20, 2016

Damnit lady go back and read the 87-page decision of New Brunswick Judge Ronald LeBlanc of April 2016!

Good Day Readers:

Obviously the Old Witch and her Ontario Cabinet colleagues did not read or if they did failed to comprehend the 87-page April 2016 ruling of New Brunswick Provincial Judge Ronald Leblanc.
His Honour Provincial Court Judge Ronald Leblanc

 In his 87-page ruling he clearly states in part:

".....the Fathers of Confederation didn't want trade barriers between provinces that New Brunswick's monopolistic law contravened the Constitution Act of 1867.

Ontario voters and beer drinkers are already being taxed to the nuts and beyond in one of hottest summers in years yet what does the Wynn government and its brilliant Cabinet Ministers do? That's right continue to increase the price of beer while maintaining a monopolistic beer distribution system (Brewers Retail Stores) that are right out of the Stalinist era. "Uncle Joe" would be so proud!
What to do?

Begin by contacting the Premier's Office (kwynnemmp.co@liberal.ola.org) to let her know what you think of her government's greedy decision to increase the tax on beer while running roughshod over Judge LeBlanc's earlier decision (RolandLEBLANC@gnb.ca).

CyberSmokeBlog will be sending a copy of this posting to the Canadian Taxpayers Federation encouraging it to challenge Ontario's unconstitutional increase in beer prices. This decision should be imminently challengeable and winnable.

Sincerely,
Clare L. Pieuk

P.S. All together now, "Down with Wynne! Down with Wynne! Down with Wynne! ....."

American style Pokemon Go ..... 'Get the ...k out of here or I'll shoot!"

By Michael Geist Yesterday | TheTyee.ca
Michael Geist holds the Canada Research Chair in internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.

Pokémon Go Brings New ‘Augmented Reality’ Legal Issues to Light

Not to mention the whole issue of trespassing. Play safe, kids.

By Michael Geist Yesterday | TheTyee.ca
Michael Geist holds the Canada Research Chair in internet and E-commerce Law at the University of Ottawa, Faculty of Law. He can reached at mgeist@uottawa.ca or online at www.michaelgeist.ca.


Pokemon Go uses smartphones to identify players' physical location with the goal of collecting and training virtual characters located there. Illustration Sam Mirovich, Reuters Media Express.

The makers of Pokémon Go are forthright about their collection and use of personal data that may be shared with service providers and third parties, though the terms of use policy has generated criticism over a 30-day period to opt-out of mandatory arbitration over potential disputes. The privacy policy indicates that sharing of information with third parties, which may include marketers or other businesses, will be limited to aggregated data that can then be used for research, analysis, and demographic profiling.

Opt-ins for email, data sharing

While the Pokémon Go privacy policy offers few choices, there are two notable exceptions that highlight how laws can make a difference. The policy distinguishes between U.S. and European users for commercial email, with U.S. users automatically registered for emails unless they take steps to opt-out, while European users provided with the stronger safeguard of an opt-in approach. Once the service formally launches in Canada, users will presumably be offered the higher standard of protection due to Canadian anti-spam laws.

Similarly, the policy provides the option of opting out of data transfers to the U.S. (though with the warning that some services may be unavailable for those that do so). The choice of “localizing” personal information reflects mounting concerns with U.S. surveillance activities and may signal increasing demand from the public to have the choice of having their data kept outside that country.

The privacy issues, including concerns over initial settings that shared detailed Google account information with the company, prompted U.S. Senator Al Franken to demand public answers on the privacy practices. The Google information sharing setting has since been altered, but even more interesting may be the Pokémon Go issues that are unique to games that blend the real and virtual.

Trespassing a risk

For example, trespass laws may arise as players find themselves wandering into private spaces in search of virtual characters. For instance, the U.S. Holocaust Memorial Museum and Arlington National Cemetery have both requested that players refrain from catching characters there.

There are also reports of potential physical harm for players as they visit places that may be unsafe or unknown. The Pokémon Go terms unsurprisingly state that the company disclaims all liability for any property damage or personal injury, but the foreseeability of potential harm suggests that these terms may ultimately face legal challenge.

The use of augmented reality is at a very early stage, but given the massive popularity of Pokémon Go, there is every reason to believe that the technology – and the legal issues that come with it – are here to stay.

Read more: Rights + Justice, Science + Tech

Hillary for Prison ..... Bill too!!


Thursday, July 14, 2016

"Bobbin Robin"

Good Day Readers:

Our recent article on "The Bobbin Robin" has occasioned a lot of comment. Here's a sampling.

From a Winnipeg lawyer:
Most often systems don't change until there is a broad based public outcry. Here is what happened to an unpopular judge in California who had handed a woefully inadequate sentence to a young male.

Jurors who had been called for jury duty with that same judge refused to serve.

http://sanfrancisco.cbslocal.com/2016/06/09/brock-turner-judge-aaron-persky-potential-jurors-stanford-sex-assault/

Until the general public has a problem with judicial selection/conduct we will not see much change.

From regular reader and contributor Chris Budgell in Vancouver, British Columbia:

Though it may be of little or no consequence the announcement answered one of my questions - about where the hearing would take place. Not in Ottawa. This suggests that Justice Camp was allowed to remain resident in Alberta.

Another interesting point mentioned here is that they are going to have three "experts" (one being a psychologist) testify about what they've learned about the justice. Perhaps every candidate for the Bench should in future be subjected to a full psychological/psychiatric 
assessment.

CyberSmokeBlog: Come to think of it that's not such a bad idea. Perhaps that would help reduce some of the .f.. ups we see on the Bench these days.

From an Anonymous lawyer:

At the level of compensation now being paid judges, they are attractive mostly to the Michel Chartiers of the world and other lawyers looking at either a drastically reduced workload or they have reached the end of the career path they are on. And who seriously wants to deal with the kangaroo courts that are set up every time a judge says something stupid?

In the current climate we will not see any improvement in the capabilities of those willing to accept an appointment to a judgeship.



The Honourable Richard J. F. Chartier Chief Justice of the Manitoba Court of Appeal

From a regular reader and contributor:

Should judges in Newfoundland/Labrador get a pay raise?

In Newfound Labrador they do not agree . . . so are going to court. . .

Newfoundland and Labrador's provincial court judges want a recent vote by the legislature imposing a retroactive four-year freeze on their salaries overturned.

http://www.cbc.ca/news/canada/newfoundland-labrador/provincial-court-judges-court-application-salary-freeze-1.3668568
CyberSmokeBlog:
The Newfoundland-Labrador provincial government is already in debt up to the nuts and beyond and that's already after recently imposing an array of new taxes.

A Canadian Judicial Council exercise in futility!

Robin "The Bobbin" Camp

When the Red, Red Robin Comes Bob-Bob Bobbin' Along
When the red, red robin comes bob, bob, bobbin' along, along
There'll be no more sobbin' when he starts throbbin' his old sweet song
Wake up, wake up you sleepy head
Get up, get out of your bed
Cheer up, cheer up the sun is red
Live, love, laugh and be happy
What if I were blue, now I'm walking through, walking through the fields of flowers
Rain may glisten but still I listen for hours and hours
I'm just a kid again doing what I did again, singing a song
When the red, red robin comes bob, bob, bobbin' along
When the red, red robin comes bob, bob, bobbin'
When the red, red robin comes bob, bob, bobbin' along
There'll be no more sobbin' when he starts throbbin'
There'll be no more sobbin' when he starts a throbbin' his old sweet song
Wake up, wake up you sleepy head
Why don't you get up, get up, get out of bed, cheer up
Live, love, laugh and be happy
What if I were blue, now
I'm walking through fields of flowers
Rain may glisten but still I listen for hours and hours
I'm just a kid again, doing what I did again, singing a song
When the red, red robin comes bob, bob, bobbin'
When the red, red robin comes bob, bob, bobbin' along
Along, along, along, along, along.

Good Day Readers:

The Canadian Judicial Council's public hearings (September 6-17, 2016 inclusive) into the suitability of Justice Robin Camp to remain on the Bench will be an exercise in futility. When the CJC has asked him to jump he has always come back with how high and in what direction? Yet there he sits earning his fully indexed six figure taxpayer salary. Getting rid of him will be damn near impossible. While he may be a judicial dinosaurus rex left over from another era as evidenced by some of his courtroom comments he's no dummy.

His appointment is a graphic illustration of what's wrong with the way federal judicial appointments are handed out. Taxpayers are inevitably left to pick up the costs of inappropriate decision making. Was his appointment ever vetted publicly where past performance in a courtroom could be challenged. No. Rather, it was handed to you as a fait accompli.
Judge cites new empathy on sexual assault ahead of disciplinary hearing

By Sean Fine Justice Writer
Monday, July 4, 2016

A judge who asked an alleged rape victim why she didn’t simply keep her knees together says that sensitivity training has given him new empathy and that he is still fit to be a judge.

“His counselling has given him a deeper understanding of the trauma faced by survivors of sexual assault and about the discriminatory history of sexual assault law,” Frank Addario, a lawyer representing Federal Court Justice Robin Camp, said in response to judicial misconduct charges to be heard in September.

The weeklong public hearing will be Canada’s first disciplinary review of a judge’s conduct during a sexual assault trial.

Justice Camp – who before his appointment to the Federal Court was a provincial court judge in Alberta and head of the specialized Domestic Violence Court in Calgary – faces six allegations stemming from the 2014 trial, including belittling sexual assault victims, demeaning the prosecutor, advancing rape myths and stereotypes, and showing antipathy to the law on sexual assault, in particular its courtroom protections for vulnerable victims.

The hearing, to begin in Calgary on September 6, comes at a time of heightened concern about underreporting by victims of sexual assault, and as trials such as that of former CBC broadcaster Jian Ghomeshi have focused attention on courtroom dynamics.

“This is the first disciplinary hearing that engages directly with a judge’s conduct of a sexual assault trial,” Emma Cunliffe, a Professor at the University of British Columbia’s Peter A. Allard School of Law, said in an interview.

“I think there’s a widely held sense among those who work in the field of sexual assault and conduct research in it that victims are being underserved by the Canadian justice system, in spite of the fact that the law on sexual assault looks pretty good. The question that remains is how can we change the culture of the Canadian legal system in such a way that victims are better protected.”

The two-man, three-woman committee conducting the hearing could recommend Justice Camp’s removal from the Bench. If it does, the recommendation would be put to a vote of the Canadian Judicial Council, comprising Chief Justices and other Senior Judges. Removal has been recommended for only three federally appointed judges. The previous one was Paul Cosgrove in 2009, and he resigned.

In the case before Justice Camp in 2014, the alleged victim, homeless and 19, weighed 100 pounds fewer than the accused attacker, Alexander Wagar. In its notice of allegations, the inquiry committee cites nearly 100 lines of the courtroom transcript, which include comments from the judge such as: “Why didn’t [she] just sink [her] bottom down into the basin so he couldn’t penetrate [her]?” and “Why couldn’t [she] just keep [her] knees together?”

Justice Camp acquitted Mr. Wagar. His comments came to light when the Alberta Court of Appeal threw out the acquittal, citing the judge’s use of rape myths and stereotypes.

In his written response to the allegations, Mr. Addario said on behalf of the judge: “Justice Camp agrees that he asked her these questions. Justice Camp did not blame the complainant for the sexual assault. He admits these questions were asked in insensitive and inappropriate language. He has apologized unreservedly for his choice of language. He will not ask questions this way again.”

Justice Camp says he will apologize again at the hearing, and that he has undertaken counselling and training from Justice Deborah McCawley of the Manitoba Court of Queen’s Bench, clinical psychologist Lori Haskell and University of Toronto law professor Brenda Cossman.

“He believes his training, counselling and this process as a whole have left him better equipped to judge cases with the empathy, wisdom and sensitivity to social context to which all judges aspire. He now understands that some of his prior thinking was infected by stereotypical beliefs and discredited myths,” Mr. Addario wrote.

Justice Camp received his law degree in 1975 in South Africa. He was called to the bar in Alberta in 1999, and practised largely in the area of commercial litigation. He was appointed a provincial court judge in 2012, and in June, 2015, was promoted by the former Conservative government to the Federal Court, a job that as of April 1 pays $314,100 a year. At the direction of Chief Justice Paul Crampton, he has not been hearing any cases until his disciplinary case is resolved.

Follow Sean Fine on Twitter: @seanfineglobe

Young Jungle Jim can't even walk one kilometre!

Good Day Readers:

Interesting isn't it how the sunny ways Liberals are always telling us how you should exercise more to stay in shape while saving your health care system millions and millions (perhaps even billions) of dollars annually. Yet there's Young Jungle Jim and his guests unable to walk even one lousy kilometre! Oh what the hell it's only your hard earned taxpayer dollars. Shame!

Clare L. Pieuk
Liberal Minister Jim Carr spends nearly $1,800 on hockey outing

By Bryan Mullan
Tuesday, July 12, 2016
Natural Resources Minister Jim Carr responds to a question in hte House of Commons on Parliament Hill in Ottawa on Tuesday May 10, 2016 (The Canadian Press/Adrian Wyld)

Natural Resources Minister Jim Carr took energy ministers from the U.S. and Mexico to a Winnipeg Jets hockey game and dinged taxpayers for the bill to the tune of $1,784, government records show.

The seven NHL tickets for the Feb. 11 game against the Boston Bruins cost $1,258.25, and Carr charged taxpayers another $525.30 to rent limos for the one-kilometre journey from the Fort Garry Hotel to Winnipeg’s MTS Centre arena.

Pedro Joaquín Coldwell, Mexico’s Secretary of Energy, and Dr. Ernest Moniz, United States Secretary of Energy, were in Winnipeg for the North American Energy Ministers Meeting held on Feb. 12.

However, the section of the form used to describe why the event would provide ‘value for money’ for the Department of Natural Resources was left blank.The approval request form, released as part of an access to information request submitted by Conservative MP Candice Bergen, describes the function as a ‘sport event for the US-Canada-Mexico trilateral meeting of energy ministers and ambassadors.’

Aside from them and Carr, the other tickets to the hockey game went to the two ambassadors, a translator and a security agent.

During their meeting, the ministers signed a memorandum of understanding on climate change and energy collaboration.

Global News contacted Minister Carr’s office for comment on Tuesday afternoon. A spokesperson said that the hockey game “provided an opportunity for US Energy Secretary Dr. Ernest Moniz, Mexico Energy Secretary Pedro Joaquín Coldwell and Minister Jim Carr to pursue discussions, which set the stage for the signing of the (memorandum of understanding) in Winnipeg the following day.”

All expenses were “within the Treasury Board Directive on Travel, Hospitality, Conference and Event Expenditures,” the spokesperson added.

"Thank you America for giving me white hair!"


Tuesday, July 05, 2016

"Screw you Your Honour I can't serve on your stupid jury ... hearing problems, sight issues, cognitive shortcomings ..... got it all!"

Up next .....

Sunday, July 03, 2016

How do you like your Hillary? Raw ... medium or ... rare?


Tuesday, June 28, 2016


Friday, June 24, 2016