Wednesday, December 16, 2009

"Oh vey!" Fell asleep in court again did we counselor?

Good Day Folks:
Received the following e-mail today from MMF lawyer Murray Trachtenberg. While in court for an hour Wednesday morning (December 9, 2009 - Codefendant Terry Belhumeur managed to be half an hour late again - surprise!), it was clearly stated we'd be leaving early Friday morning (December 11, 2009) for another province during the holiday season.
What part does Mr. Trachtenberg not understand? Are there no Metis solicitors in Manitoba the Federation could employ? Recall the words of a well-known Metis telling us if they were President, their first action would be to drop the lawsuit then fire Counselor Trachtenberg.
In spite of his objectionable behaviour, we ask our readers to join us in wishing him a Happy Hanukkah!
Sincerely,
Clare L. Pieuk
P.S. "Oy vey!" is a Yiddish term. Roughly translated it means "Oh woe!"
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Posner & Trachtenberg
710-491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Phone: (204) 940-9602
Fax: (204) 944-8878
File No: 203-20
E-mailed
December 16, 2009
Mr. Clare L. Pieuk
2-371 Des Meurons Street
Winnipeg, Manitoba R2H 2N6
Dear Mr. Pieuk:
Re: Manitoba Metis Federation Inc. et al v. Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955
Further to our attendance before Justice Simonsen on December 9, 2009 I note that I have not yet received a draft of your amended statement of defence. Please forward this prior to departing from the city on your holiday.
Yours truly,
(Signature)
MURRAY N. TRACHTENBERG
cc: Justice Simonsen (via fax)
cc: Terry Belhumeur (via email)

How much is this man's annual taxpayer salary?

Frank Godon has left a new comment on your post, "MMF Election 2010 coverage continues!"
Hi Clare,
The answer to your question of the MMF President's salary being public knowledge is outlined in Policy Number 2 of our Platform - as for releasing David Chartrand's - I would have to check with a legal source to see if we can release this kind of information once we win.

As you are aware, the Manitoba Metis Federation is run as a corporation and, as such, there may be rules in place about divulging information like this publicly - but if there is nothing stopping us from doing such I make the promise that after an internal audit - by a neutral party - all monies made by the President, Vice-Presidents and Board of Directors including salaries and perks will be made public given it's the taxpayers of Manitoba and Canada whose money is being spent.

As for your question on the CyberSmokeSignals lawsuit - I have a current message prepared and being reviewed to make sure I can deliver what I promise - it should be up on our website very soon.

The people have to remember that unless candidates step forward to run for Board of Directors and Vice-Presidents - when I win as President and the same old Board is elected then I will be shackled in what I can do as President - so my challenge to those out there who believe in what we are doing is to take a serious look at running in their Regions and joining our team as together we can put together a strong campaign. Our website can be their website and our campaign their campaign.

Thank you for taking an interest in our cause even though you are not Metis and for posting information on your blog.

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Dear Candidate Godon:

Thank you for writing. Your e-mail contains a lot of information so we'll break it down point by point for our readers:

1. Since the MMF is a provincially and federally funded "not-for-profit, non share organization incorporated under the laws of Manitoba" (Federation lawyer Murray Trachtenberg - April, 2001), there is no reason whatsoever this information should not be in the public domain. Anyone can go online to easily and quickly find the salaries of Premier Selinger and his Cabinet so why not David Chartrand, his Vice-Presidents and Board of Directors? Can it be released? Hopefully, The Public Eye (Truth To Power -
www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com) a practicing Canadian lawyer will see your comments and offer an opinion.
Counselor Trachtenberg at Page 8 Paragraphs 26 and 27 of his January 15, 2008 Re-Amended Statement of Claim against the now defunct www.CyberSmokeSignals.com clearly states:
26. The President of the MMF is also the Chief Executive Officer of the MMF and serves as a full-time salaried employee of the MMF.
27. None of the positions on the MMF Board of Directors, except for the Office of President, are salaried positions. (emphasis ours)
Therefore, the logical conclusions to be drawn are:
(a) Manitoba Metis Federation Board of Directors are volunteers
(b) Or much more likely receive other financial compensation in lieu of salaries such as per diems for attending Board Meetings and other Federation business in which they're involved. Are they given travel allowances too?
2. On the subject of you and your team's position regarding the MMF's taxpayer financed defamation lawsuit against what is now a defunct website (www.CyberSmokeSignals.com), we'll withhold comment until we've had a chance to study it
3. CyberSmokeBlog endorses any independent third-party audit of the Federation
4. Your call for greater participation and voter turnout is well taken one has only to look at the numbers. There are an estimated 120,000 citizens of Metis heritage living in Manitoba about 35,000-40,000 of whom are members of the MMF yet only approximately 5, 200 voted in their June 2006 election - that's pathetic! Why? We believe the traditional methods being employed by the current leadership simply are not working and missing the broad band of younger votes who largely reside online. Like Barack Obama the effective use of the internet, Facebook Pages, Twitter and YouTube will be key to getting your message out and raising campaign funds
5. You are welcome. Freedom of speech and expression is not limited by race, creed or colour. Good Luck!
Sincerely,
Clare L. Pieuk

Is David Chartrand an "Honourary Metis" too?

Frank Godon has left a new comment on your post, "Metis Women of Manitoba?"
Just wanted to let you know that we have linked you to http://metisonline.ca (even though you're not Metis we connected CyberSmokeBlog - maybe we could make you an "Honourary Metis" like David Chartrand made Sierra Noble)

As for the Metis Women of Manitoba organization, I can't comment on something I don't know much about or that there isn't any information being put out. Maybe it's one of those secret societies within a society we keep hearing about. All I can promise is that more will be forthcoming on MWM once I am elected.
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Dear Candidate Godon:

Thank you for the honour. Being a non-Aboriginal frequently operating in an Aboriginal world can be quite enlightening.
A few months ago we were contacted by Daniel Ranville whose Facebook Page advocates (non-violence) for various social causes offering an honourary membership. We agreed on the condition it be given in the name of CyberSmokeBlog rather than a particular individual thereby maximizing the contribution the site will be able to make.
Metis Women of Manitoba, in our view, has tremendous upside potential which has never been realized. The question then becomes why?
We believe the answer is patently obvious. Under the current MMF leadership the MWM, like the Louis Riel Institute, will remain another under ahieving organization we don't hear enough about. For years a rumour has circulated President David Chartrand is not Metis so in the bygone days of www.CyberSmokeSignals.com we offered to pay for a genealogy search to set the record straight once and for all. Needless to say Mr. Chartrand refused our generous offer.
On the subject of Sierra Noble and upside potential it doesn't get any better than this! At the 29th MMF Annual General Assembly (Winnipeg - September, 2007) President Chartrand presented Ms Noble with an Honourary Membership in the Manitoba Metis Federation.
Sincerely,
Clare L. Pieuk

Tuesday, December 15, 2009

What privacy?

Did Tiger file IRS gift tax returns for his ladies?

Theresa Rogers, latest woman linked to Tiger Woods, claims she taught golfer to be 'a great lover'
By CORKY SIEMASZKO
DAILY NEWS STAFF WRITER
Tuesday, December 15, 2009
Tiger Woods' dad taught him how to golf, but Theresa Rogers says she showed him what to do in the sack. (Daily News/Getty)

The latest woman linked to the golfing great reportedly bragged to her buddies that she showed Woods "everything he needed to know to be a great lover."

"Theresa was crazy about Tiger but she didn't want to feel like a bought woman, a paid escort," a source told RadarOnline.com on Tuesday.

"She just wanted to be the woman who schooled Tiger in the bedroom."

A 40-something South Florida bombshell, Rogers had been outed earlier by Radar as one of the disgraced golf great's longest-serving gal pals - and apparently his oldest.

That report could not be independently confirmed, but Radar said Rogers has hired high-powered L.A. lawyer Gloria Allred, who is representing another of Woods' reported mistresses - New York party girl Rachel Uchitel.

Allred, contacted by the Daily News, declined to comment. Radar reported Rogers traveled extensively with Woods over a five-year period and took up with Woods, 33, before he married Nordegren, 29.

She continued seeing Woods after he tied the knot, according to Radar. Like Nordegren, she's a curvy blond.

A holiday photo on Radar's Web site shows a full-lipped woman it says is Rogers - clad in a body-hugging clothes - being held in the arms of another man in front of a Christmas tree.

Rogers is one of more than a dozen women tied to Woods since his fateful crash outside his Windermere, Florida mansion.

He later apologized for his "transgressions." The latest revelations about Rogers and Woods came as MSNBC.com reported that the golfer sent hush money to his honeys.

Woods wired anywhere from $5,000 to $10,000 a month to several of the busty babes to whom he's been linked, MSNBC reported. One lucky lady reportedly was on Tiger's tab to the tune of up to $20,000 a month, the network reported.

"The money comes via a wire transfer," one woman told MSNBC. "There's no contract about it, there's no discussion about what it's for, but it's implied that it's in exchange for keeping quiet about his affair."

MSNBC cited as their sources "several women who were involved with the golfer" but did not identify any of them. If Woods was paying women to be quiet, he better have covered his tracks, a tax expert said.

"The IRS regulations require that someone gifting in excess of $13,000 per year file a gift tax return," said John Fisher, a Pennsylvania-based tax attorney.

The MSNBC report also claims that Woods tried to stay in contact with his girls after his sordid secrets started spilling out - following a reported fight with his wife, Elin Nordegren, on Thanksgiving night.

"Elin took his cell phone away, so he had to call from his land line at home," one of the woman told MSNBC.

"He hasn't called in at least a week though."

csiemaszko@nydailynews.com
With Lisa Lucas in Wellington, Florida

Mandated election dates?

Good Day Readers:
We've been closely watching the results of a recent survey (http://metisonline.ca/) by Manitoba Metis Federation Presidential Candidate Frank Godon:
Do you agree the MMF should have set election dates and the President allowed to sit for 2 terms?
Although far too early (only 15 votes) to draw any firm conclusions, it interesting to note:
Yes = 14 (93.3%)
No = 1 (6.7%)
However, recall the Stephen Harper government did just that then called an election a year before the mandated date. Although challenged by the lobby group Democracy Watch in the Federal Court of Canada the Conservatives prevailed.
On the question of consecutive terms, a Canadian Prime Minister can serve indefinitely while American Presidents are able to remain in power for a maximum of 8 years but must then sit out a term before being eligible to run again. Could Barack Obama be the first?
Sincerely,
Clare L. Pieuk

Metis Women of Manitoba?

Anonymous has left a new comment on your post, "Introducing Plaintiff Anita Campbell!"

No one is identified because cause they must all be under the burka...actually I bet they must all be imobilized by your taking them to court too...they don't know how to title themselves anymore...

M*E

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Dear Anonymous:

Thank you again for writing. Speaks volumes doesn't it about how the current MMF leadership regards the Metis Women of Manitoba when it can't even bother to list the name of the Metis Women of Manitoba Spokesperson or the 7 Regional Directors. How are members and voters to know who and how to contact them?
Presidential Candidate Frank Godon is already on record as stating if elected he'll work to make The Louis Riel Institute a centre of excellence in learning. Perhaps he and his team should also take a long, hard look at the MWM Inc.
Sincerely,
Clare L. Pieuk

Thank you Mr. Populi!

Good Day Folks:
On behalf of our readership we'd like to thank The Public Eye (Truth To Power - www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com) for responding to our question regarding the eligibility of Presidential Candidate Frank Godon in the 2010 Manitoba Metis Federation election.
Mr. Populi is a practicing Canadian lawyer.
Sincerely,
Clare L. Pieuk
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The Public Eye has left a new comment on your post, "Please help our readers Mr. Populi!"

In my opinion, Frank Godon is likely quite correct. His home ownership almost certainly would qualify him for residency under this provision, and in my opinion - subject to his satisfying all other eligibility criteria, as well as, the important qualifications below - Mr. Godon is quite eligible to serve as a candidate for MMF President. He can reasonably argue the Revenue Canada standard is a proper one to apply.

I use the weasal words "likely" and "almost certainly" because this is necessarily subject to prior precedential determinations concerning residency criteria. I am not aware of any precedents that have been generated in the past as a result of interpretations of the relevant Federation election by-laws. The above opinion that Frank Godon is eligible assumes that there has been no prior determination that would exclude him.

Mr. Godon is smart to address this issue now. He can be sure that David Chartrand will be doing so in due course.

What have senators done for Manitoba lately?

Good Day Folks:

After reading the following article we wondered how many know the number of senators from Manitoba, their names and party affiliation. We didn't so had to go to Wikipedia.

This is a list of past and present Canadian senators from the province of Manitoba.

Manitoba is currently represented by six senators, but this was not always the case. Stipulated in the Manitoba Act of 1870, the province was first represented by two senators, then to increase incrementally based on population, when the population reached 75,000 it would then be represented by a maximum of four senators. The Constitution Act of 1915 added two more senate seats for Manitoba bringing the total to six.

The Constitution Act of 1915 also amended Section 26 of the Constitution Act of 1867 to add a fourth regional division, called the Western provinces, made up of British Columbia, Alberta, Saskatchewan and Manitoba, to allow two senators to be appointed on a regional basis.

Current Senators

Sharon Carstairs: Liberal (Manitoba)

Appointed: September 15, 1994 by Jean Chrétien
Mandatory Retirement: April 26, 2017

Maria Chaput: Liberal (Manitoba)

Appointed: December 12, 2002 by Jean Chrétien
Mandatory Retirement: May 7, 2017

Janis Johnson: Conservative (Winnipeg-Interlake)

Appointed: September 27, 1990 by Brian Mulroney
Mandatory Retirement: April 27, 2021

Don Plett: Conservative (Manitoba)

Appointed: September 15, 2009 by Stephen Harper
Mandatory Retirement: May 14, 2025

Terry Stratton: Conservative (Red River)

Appointed: March 25, 1993 by Brian Mulroney
Mandatory Retirement: March 16, 2013

Rod Zimmer Liberal (Winnipeg)

Appointed: August 2, 2005 by Paul Martin
Mandatory Retirement: December 19, 2017

Notes:

1. Senators are appointed to represent Manitoba. Each senator may choose to designate a geographic area within Manitoba as his or her division.

2. Senators are appointed by the Governor-General of Canada on the recommendation of the prime minister.

3. Party listed is the Senator's current party.

4. Senator was appointed as one of two senators under section 26 of the Constitution Act to represent the Western provinces, under the regional expansion clause that saw the Senate increase from 104 to 112 members.

Sounds like they sure live well.

Sincerely,
Clare L. Pieuk
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Senators' travel horizons grow on taxpayers' dime

By JOAN BRYDEN Ottawa/December 15, 2009 Page A4

Senators have quietly expanded their opportunities to jet around the globe courtesy of Canadian taxpayers.

A new policy, adopted last May, gives denizens of the chamber international travel privileges not enjoyed by their elected counterparts in the House of Commons.

It enabled Liberal Senator Lillian Dyck, for instance, to embark last month on a visit to her late father's ancestral home in China.

By senators' own admission, few politicians anywhere in the world are entitled to such a perk.

Details of the policy change are contained in transcripts of meetings of the Senate's bipartisan internal economy committee, which governs the chamber's operations. The transcripts are posted on the Senate's website but had done largely unoticed.

They offer a fascinating glimpse of senators' perception of their entitlements and their awareness of the potential for a public backlash.

For instance, during a meeting in October, Liberal Senator Paul Massicote railed against the fact that some senators habitually fly business class.

"I have personally asked several senators and they have told me that they travel economy when they are paying for the ticket themselves but business class when the taxpayers are paying," he said.

"I am deeply offended when I think that the tickets are going to cost $7,000 when there are people in coach paying $800 or $700."

Nevertheless, Mr. Massicote, along with Conservative Senator Nancy Ruth, recommended the policy change to allow some international travel.

Until recently, senators abided by the same travel rules as MPs. MPs and senators alike are each allotted 64 travel points a year, each point representing one free round-trip flight. They're allowed to us up to four points to visit Washington, D.C. but the rest are to be used strictly within Canada.

Senators and MPs are permitted to travel internationally as members of inter-parliamentary associations or parliamentary committees, which are funded out of separate budgets.

Last May, the Senate's internal economy committee agreed to broaden the horizons.

The committee decided each senator may now use their annual four non-Canadian travel points to fly to New York on Un-related business, as well as to Washington. Moreover, they may apply to the committee for approval to travel anywhere else in the world.

The new policy recommended by Mr. Massicote and Nancy Ruth after a year's study was unanimously appro0ved by Liberals and Conservatives on the committee.

The Canadian Press

MMF Election 2010 coverage continues!

Good Day Readers:

To date Frank Godon (http://metisonline.ca) and Derryl Sanderson (www.derrylsanderson.blogspot.com) have publicly declared they are running in the Manitoba Metis Federation's 2010 election - the former as President the latter for the Board of Directors, Winnipeg Regional Office.

So you the Metis citizens of Manitoba can make an informed decision, in the days, weeks and months ahead we will be publishing a series of questions for candidates. Responses will be published for all to read. Anyone can participate by sending your inquiries/comments to pieuk@shaw.ca. You may remain anonymous.

Good Morning Candidates Godon (left) and Sanderson.

1. CyberSmokeBlog: The MMF is funded by Canadian taxpayers. Do you think the public has a right to know President David Chartrand's annual salary and benefits?

2. CyberSmokeBlog: The defunct website www.CyberSmokeSignals.com is being sued by the MMF for alleged defamation by Winnipeg lawyer Murray Trachtenberg.

www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca

(a) Should the Federation be required to reveal how much has been spent to date on legal fees and from where in the budget the money is being taken?

(b) Since the last MMF election (June 29, 2006) Plaintiffs Ritta Cullen, William Flett, Joyce Langan and Darryl Montgomery ceased to be Provincial Board of Directors yet continue to have their legal costs paid from public funds. Do you agree?

Sincerely,
Clare L. Pieuk
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City pays councillor's legal bill
VANESSA LU and PAUL MOLONEY
CITY HALL BUREAU
December 12, 2009

Toronto taxpayers are giving a councillor $60,000 after his colleagues voted Monday to pay for legal costs associated with a defamation suit.

But the decision is controversial because the lawsuit stemmed from an incident that occurred while Adrian Heaps was still just a candidate for council.

Now the city could find itself defending council's actions in court.

The move to pay his $36, 000 legal bill breaks the city's rules. Heaps will get a one-time payment of more than $60,000 (before taxes) on top of his salary of nearly $100,000.

City solicitor Ann Kinastowski advised against the payment, telling councillors the courts have made it clear "a municipay council has no authority to reimburse a member of council for legal expenses in relation to activity engaged in outside of the office of councillor."

Kinastowski warned the politicians the city could be at risk of a court challenge because council lacked the authority to make such a reimbursement."

At issue is an excerpt from a Globe and Mail column that Heaps reprinted and circulated in the days leading up to the 2006 election. It portrayed him as a favourite and suggested rival Michelle Berardinetti, who is married to Liberal MMP Lorenzo Bernardinetti, was not qualified for the job.

Bernardinetti lost by 89 votes. She filed a complaint with the press council against the Globe - which printed a correction and sued Heaps for defamation.

Bernardinetti eventually pushed for a settlement, which included an apology from Heaps and him paying $20,000 in legal costs.

"I was extremely surprised to see he's being compensated from taxpayer money. It's horrible," Berardinetti said Friday. She intends to ask the city to review it's decision.

City documents say the mounting legal bills were a financial strain on Heaps and he accepted the settlement to avoid personal bankruptcy and relieve the stress on his family. Bernardinetti said the remortgaged her home to pay legal bills.

Councillor Mike Del Grande, sho opposed the payment, said it should not be paid on principle.

"This guy was not a councillor. He was Joe Public. He did something that was inappropriate," Del Grande said. "I don't have anything Heaps. I have no axe to grind ... It's wrong every way you look at it.

Heaps did not return calls seeking comment.

Introducing Plaintiff Anita Campbell!

Anonymous has left a new comment on your post, "Can you spell iconoclast?"

While listening to The Big CEO on Saturday's NCI Radio I couldn't help but notice that reference was made to Board Member Anita Campbell who I thought was the Metis Women of Manitoba President? So to reference her as a Board Member and not with her correct title is just plain male chauvinistic. Come on Anita, get a backbone.....and get your own office, radio time, website, constitution, etc. or get back under that burka.....

M*E
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Dear Anonymous:

Thank you for writing. Presumably your reference to "The Big CEO" is President David Chartrand and the weekly radio show Metis Hour Times Two hosted by Ray St. Germain sponsored by the Manitoba Metis Federation.

From your comments you may not be completely conversant with the structure of the Manitoba Metis Federation nor are we. Here's our understanding which, hopefully, readers will correct as appropriate.

At the last General Meeting of the Metis Women of Manitoba Inc. (October 2008) Ms Campbell replaced Rosemarie McPherson as its Head.

In MMF parlance that position is referred to as Spokesperson not President who automatically sits on the Federation's Provincial Board of Directors. Over the years several have speculated Muriel Parker (former Vice-President for The Pas Region) and David Chartrand are the real "eminence gris" behind the MWM.








It's interesting to note on the MMF's website link to the Metis Women of Manitoba no one is identified as its Spokesperson nor are the 7 Regional Representatives. Anyone know who they are?(http://mmf.mb.ca/index.php?option=com_content&task=view&id=143&Itemid=47)

Besides Ms Campbell's bio shown below, she is also listed as: Board Member of the MMF's Thompson, Manitoba Regional Office; Chairwoman, Manitoba Hydro/Environment Committee; Committee Member, Provincial Human Resource Development Committee; and Committee Member, Executive Policy Committee.

Last but not least, she is a Plaintiff in the Federation's alleged defamation lawsuit against the now defunct www.CyberSmokeSignals.com. Readers we give you Anita Campbell.

Sincerely,
Clare L. Pieuk
--------------------------------------------------------------------------- This is Anita's second term as a Board of Director. Prior to this, Anita sat as the Chairperson of the Thompson Local Management Board and was the Chairperson of the Provincial Management Board for many years. For the past 25 years, Anita has been employed with the Ma-Mow-We-Tak Friendship Centre and has held the position of Executive Director since 1993. Anita has two sons, Ryan and Bradley, and one grandson Baby Ronnie. Anita's vision is to promote the involvement of all members to ensure the best interests of Metis people are addressed and that they form an integral part of the solution.

Legalized robbery by taxation?




Good Day Readers:

Found this interesting video on Truth To Power (www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com).

Larken Rose, an adherent of the 861 argument, was sentenced to 15 months in prison for wilful failure to file income tax returns during five years in which the government alleged he earned approximately $500,000. He was released from jail in December of 2006.

The 861 provision is a statutory argument used by tax protesters in the United States which interprets a portion of the tax code as invalidating certain applications of income tax law. It has uniformily been held by courts to be incorrect. Persons citing the argument as a basis for refusing to pay taxes have been penalized and in some cases incarcerated. (Wikipedia)

Notice the striking resemblance to Ricky from Trailer Park Boys.

Clare L. Pieuk

Monday, December 14, 2009

AdviceScene a veritable legal treasure trove!

Good Day Readers:

Received the following e-mail quite recently from AdviceScene.com (http://legal.advicescene.com/canadian-legal-forum/) founded a couple years ago by Nancy Kinney a lawyer and entrepreneur based in Victoria, British Columbia.

If you take a few minutes to learn to navigate the site it can be a veritable treasure trove of free legal advice. AdviceScene often links with The Law is Cool (http://lawiscool.com/) operated by law students from across Canada to discuss issues of common interest.
Sincerely,
Clare L. Pieuk
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Hello everyone. Our new site is ready. Please check it out and let us know what you think. A few things have changed, but hopefully you'll all be able to navigate around even better now. The legal site is now found at: legal.advicescene.com, but even the old URL will get you there.

The Canadian Legal Forum - AdviceScene.com Team.

About AdviceScene

AdviceScene.com is owned by AdviceScene Enterprises Inc. It was founded by Nancy Kinney B.A., LL.B (University of Victoria, 2002) in early 2009. AdviceScene is based in beautiful Victoria, British Columbia, Canada.

The site provides access to free legal information, free legal forms from lawyers and free access to information on statutes, regulations and laws. With a directory of lawyers across the US and Canada, we provide a comprehensive 'find a lawyer' listing. The interactive online 'ask a Canadian Lawyer' and 'ask an American Lawyer' legal forums for law issues, problems and advice create communities to solve legal problems with access to real lawyers. We democratize the law with accessible, no charge legal information and advice. The interactive, democratic MoralityMeter allows our community to vote on legal and moral issues.

Any questions comments, please feel free to contact us.

Canadian Members of Parliament to immediately cut salaries by 50%!

Good Day Readers:

After reading the article below, if we could have a fake headline for a day what would it be? When was the last time you heard of a politician cutting their salary?

Sincerely,
Clare L. Pieuk
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Fake website says Canada will reduce greenhouse gases
Posted: December 14, 2009
By Jeremy Barker

Canwest News Service

OTTAWA — A fake website that went online Monday posing as the official Environment Canada page and pledging that Canada will reduce greenhouse gas emissions by 40% below 1990 levels by 2020 is a “childish prank,” according to the Prime Minister’s Office.

A news release posted on the website, www.enviro-canada.ca, says Environment Minister Jim Prentice has announced at the climate talks in Copenhagen that Canada will reduce emissions by at least 50 per cent by 2050.

The minister’s spokesman Bill Rodgers said the website is a fake. It is unclear where the site originated.

The website address started circulating on Twitter Monday.

Meanwhile, a fake Wall Street Journal website, www.europe-wsj.com, also appeared online Monday. It had an untrue story posted that said Canadian delegates in Copenhagen have announced a “significant shift” in the climate change stance.

"Have we got a deal on lingerie for you!" ..... Tweets of shame

Crooks Hijack Facebook Accounts, Injuring Dignity comments
By BRAD STONE
Published: December 13, 2009

SAN FRANCISCO — It used to be that computer viruses attacked only your hard drive. Now they attack your dignity. Jodi Chapman clicked on a Twitter message last month to take an online intelligence test, causing her own account to be hijacked. (Andy Atkinson for the New York Times)

Malicious programs are rampaging through Web sites like Facebook and Twitter, spreading themselves by taking over people’s accounts and sending out messages to all of their friends and followers. The result is that people are inadvertently telling their co-workers and loved ones how to raise their I.Q.’s or make money instantly, or urging them to watch an awesome new video in which they star.

“I wonder what people are thinking of me right now?” said Matt Marquess, an employee at a public relations firm in San Francisco whose Twitter account was recently hijacked, showering his followers with messages that appeared to offer a $500 gift card to Victoria’s Secret.

Mr. Marquess was clueless about the offers until a professional acquaintance asked him about them via e-mail. Confused, he logged in to his account and noticed he had been promoting lingerie for five days.

“No one had said anything to me,” he said. “I thought, how long have I been Twittering about underwear?”

The humiliation sown by these attacks is just collateral damage. In most cases, the perpetrators are hoping to profit from the referral fees they get for directing people to sketchy e-commerce sites.

In other words, even the crooks are on social networks now — because millions of tightly connected potential victims are just waiting for them there.

Often the victims lose control of their accounts after clicking on a link “sent” by a friend. In other cases, the bad guys apparently scan for accounts with easily guessable passwords. (Mr. Marquess gamely concedes that his password at the time was “abc123.”)

After discovering their accounts have been seized, victims typically renounce the unauthorized messages publicly, apologizing for inadvertently bombarding their friends. These messages — one might call them Tweets of shame — convey a distinct mix of guilt, regret and embarrassment.

“I have been hacked; taking evasive maneuvers. Much apology, my friends,” wrote Rocky Barbanica, a producer for Rackspace Hosting, an Internet storage firm, in one such note.

Mr. Barbanica sent that out last month after realizing he had sent messages to 250 Twitter followers with a link and the sentence, “Are you in this picture?” If they clicked, their Twitter accounts were similarly commandeered.

“I took it personally, which I shouldn’t have, but that’s the natural feeling. It’s insulting,” he said.
Earlier malicious programs could also cause a similar measure of embarrassment if they spread themselves through a person’s e-mail address book.

But those messages, traveling from computer to computer, were more likely to be stopped by antivirus or firewall software. On the Web, such measures offer little protection. (Although they are popularly referred to as viruses or worms, the new forms of Web-based malicious programs do not technically fall into those categories, as they are not self-contained programs.)

Getting tangled up in a virus on a social network is also more painfully, and instantaneously, public. “Once it’s delivered to everyone in three seconds, the cat is out of the bag,” said Chet Wisniewski of Sophos, a Web security firm. “When people got viruses on their computers, or fell for scams at home, they were generally the only ones that knew about it and they cleaned it up themselves. It wasn’t broadcast to the whole world.”

Social networks have become prime targets of such programs’ creators for good reason, security experts say. People implicitly trust the messages they receive from friends, and are inclined to overlook the fact that, say, their cousin from Ohio is extremely unlikely to have caught them on a hidden webcam.

Sophos says that 21 percent of Web users report that they have been a target of malicious programs on social networks. Kaspersky Labs, a Russian security firm, says that on some days, one in 500 links on Twitter point to bad sites that can infect an inadequately protected computer with typical viruses that jam hard drives. Kaspersky says many more links are purely spam, frequently leading to dating sites that pay referral fees for traffic.

A worm that spread around Facebook recently featured a photo of a sparsely dressed woman and offered a link to “see more.” Adi Av, a computer developer in Ashkelon, Israel, encountered the image on the Facebook page of a friend he considered to be a reliable source of amusing Internet content.

A couple of clicks later, the image was posted on Mr. Av’s Facebook profile and sent to the “news feed” of his 350 friends.

“It’s an honest mistake,” he said. “The main embarrassment was from the possibility of other people getting into the same trouble from my profile page.”

Others confess to experiencing a more serious discomfiture.

“You feel like a total idiot,” said Jodi Chapman, who last month unwisely clicked on a Twitter message from a fellow vegan, suggesting that she take an online intelligence test.

Ms. Chapman, who sells environmentally friendly gifts with her husband, uses her Twitter account to communicate with thousands of her company’s customers. The hijacking “filled me with a sense of panic,” she said. “I was so worried that I had somehow tainted our company name by asking people to check their I.Q. scores.”

Social networking attacks do not spare the experts. Two weeks ago, Lee Rainie, director of the Pew Internet and American Life Project, a nonprofit research group, accidentally sent messages to dozens of his Twitter followers with a link and the line, “Hi, is this you? LOL.” He said a few people actually clicked.

“I’m worried that people will think I communicate this way,” Mr. Rainie said. “ ‘LOL,’ as my children would tell you, is not the style that I want to engage the world with.”

Can you spell iconoclast?

Anonymous has left a new comment on your post, "Thank you Mr. Populi!"
In two weeks, wow, I'm so excited. I'll be keeping my eyes and ears open to see and hear what change is in the wind.....as in the hot air expelled on most "Saturdays X2" (MMF sponsored - $50,000 - $60,000 annually) Metis Hour Times Two on NCI Radio hosted by Ray St. Germain).
It will be good to have the whole lot exposed to see some justice.....it will also be so good to see hot air let out of the big balloon.
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Dear Anonymous:
Thank you for writing. Can you spell iconoclast?
Sincerely,
Clare L. Pieuk

Mamma Mia!




Burlesconi has fractured nose, broken teeth
December 14, 2009

Rome, Italy (CNN) -- Italian Prime Minister Silvio Berlusconi will remain in the hospital at least "another 36 hours," his doctor Alberto Zangrillo said Monday, following an attack that left Berlusconi with broken teeth and a fractured nose.

Berlusconi, 73, is receiving anti-biotics, anti-inflammatory medication, and painkillers, the doctor said.

The man accused of hitting controversial Italian Prime Minister Silvio Berlusconi in the face with a replica of Milan's cathedral was charged with grievous bodily harm and held overnight, Milan police said.

Massimo Tartaglia was kept in Milan's San Vittore prison, authorities said. Under Italian law, police can hold him for up to 48 hours without a judge's order.

Anti-terrorist prosecutor Armanda Spataro has been assigned to investigate the assault, police said.

The attack at a campaign rally Sunday in Milan left Berlusconi bleeding profusely from his left upper lip and cheek. The premier underwent a CAT scan at Milan's San Raffaele Hospital, and his personal physician, Alberto Sangrillon, recommended more tests be done, Berlusconi spokesman Paolo Buonaiuti told CNN.

Berlusconi is feeling well as of Monday morning, his press aide Marco Ventura told CNN. When he woke up, he asked for the newspapers, reports said.

The suspect has a history of mental illness, according to Milan police. The suspect's father said he had never committed a violent act before, Italian media reported.

Berlusconi, a conservative media mogul-turned-politician, has been dogged by allegations of corruption and is the middle of a messy divorce from his second wife. He was in Milan, his hometown and political base, to stump for a local political ally, and blamed his legal woes on his political opponents during the rally.

Milan police said Berlusconi's attacker hit him with a small, metal souvenir replica of the Doumo di Milano, the city's central cathedral, but it was not immediately clear whether the man swung at the prime minister with the object in his hand or threw it at him.

Defense Minister Ignazio La Russa told the Italian newspaper Corriere della Sera that Berlusconi continued to shake hands with supporters for "a couple of minutes" after being hit.

"He remained calm and leaned out the window as he was being driven to the hospital and waved to the crowd," La Russa said.

Buonaiuti said there was "a lot of confusion" surrounding the assault, but he put some of the blame on Berlusconi's critics.

Sunday, December 13, 2009

Please help our readers Mr. Populi!

Good Day Folks:

The Public Eye, Blogmaster of the highly successful site Truth To Power (http://www.accesstoinfo.blogspot.com/; vicpopuli1@gmail.com) is also a practicing Canadian lawyer.
Last Saturday Frank Godon (http://metisonline.ca) announced (www.derrylsanderson.blogspot.com - "Race For Manitoba Metis Federation Presidency Begins!") he was running in the 2010 MMF election - Mr. Sanderson had previously declared his candidacy for the Winnipeg Regional Office Board of Directors.
Since then, differing opinions have emerged regarding Mr. Godon's eligibility. Here's a sampling but other comments can be found attached to the article:
Anonymous said...
Hi,
Not to rain on Frank's parade but is he not ineligible to run? I thought you had to be a resident or living in Manitoba to be a member in good standing (or even just a member?) of the MMF?
Darcey (Jerome) said...
I brought up the same questions.
Article IX
1. Only members of the MMF who are residents of Manitoba are entitled to stand for election.
But then nothing else preceding the statement or after specifies any time or duration. He'll be back soon. What I find interesting about the whole MMF constitution is its almost complete focus on elections and power with no basic insight into what the rights of the people who elect them are.
Frank Godon said...
As to the residency question - due to visa restrictions I can't hold a residence in Russia and according to Revenue Canada and the Province of MB I am a resident of Manitoba. I had to have this all cleared up before due to qualifications of health coverage, taxes, etc. And as Darcey mentioned since there is no stipulation as to how long I must be a resident, if it becomes an issue I will be back after April as my contract with the university ends at this time.
The MMF's constitution ratified by the 40th Annual General Assembly September 14, 2008 can easily be found on www.mmf.mb.ca. Mr. Popul, could you please review the specific provisions of the Election By-Laws beginning with Article 1 page 8 to provide us with a legal interpretation of the appropriate provisions as noted in the above comments.
During the May 2000 election three Presidential Candidates were called before the Chief Electoral Officer of whom two were ruled ineligible. The third got wind of what was about to happen and quickly re-paid monies owed to the MMF thereby staving off disqualification.
Mr. Populi, we know you frequently read CyberSmokeBlog so on behalf of our readers we'd like to thank you in advance for any assistance you can provide in helping us interpret and better understand the situation.
Sincerely,
Clare L. Pieuk

Good leaders listen more than they talk!

Frank Godon has left a new comment on your post, "An open letter to Candidate Sanderson!"
Hi Clare - here is the official announcement of my candidacy on http://metisonline.ca/.
Now to answer your question concerning the LA program and whether it is something that I if elected would look at as the MMF president. First I am not aware of any programs for our Metis youth other than what is outlined in the Youth Initiative Section on the Federation's website - which really doesn't tell us much. But in all honesty I would have to say that youth programs are out of my area of expertise and I would have to rely on the abilities of someone who is better qualified to take on such an endeavor.
The program you have written about sounds like something that we should look at as a publicly funded organization to see if it would work with our youth at risk. And this is an ititiative as a leader I would take a serious look at.
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Dear Candidate Godon:
Thank you for writing. Now that you've officially declared your candidacy we'll have to get used to your new title.
Our letter to which you're referring was sent to Premier Selinger ("Worth a Try?" - October 31, 2009) in which we attached an article from The Los Angeles Times about an innovative, highly successful program designed to curb gang violence by identifying youth at risk then providing them with business mentors and seed money to set up small businesses creating economic opportunities for themselves.
We were subsequently contacted by the Coordinator of the Premier's Secretariat advising us she had passed our correspondedence on to The Honourable Andrew Swan, Minister of Justice. While we've yet to hear from Mr. Swan, as you can see we're sending him a copy of this posting.
While you may not be well versed on youth initiative programs, you're wise to take advice and guidance from those who may have more background and expertise in this area. Good leaders listen more than they talk.
Sincerely,
Clare L. Pieuk

Big city crown prosecutor defends nicorette thief!

Clare,

Thought you'd be interested in this:
http://www.leducrep.com/ArticleDisplay.aspx?e=2214220.

Ol' Vic

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Good Day Readers:

A special thank you to The Public Eye from the highly popular site Truth To Power ( www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com) for sending along this article from the LEDUCREP. Former Manitoba Legal Aid lawyer, www.CyberSmokeSignals.com "General Legal Counsel" and now Wetaskiwin, Alberta crown prosecutor Lionel Chartrand it seems is handling some very serious cases these days.

lionel.chartrand@gov.ab.ca

We always knew he was destined for greatness when he scurried off to Alberta in July of 2008 not bothering to renew his license to practice here!

Sincerely,
Clare L. Pieuk
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Provincial Court Briefs - Prison for Nicorette thief/Posted by Alexandra Pope

An Edmonton man who planned to sell Nicorette gum he stole from a Leduc grocery store to buy food and drugs is hoping for a new lease on life once he gets out of prison.

Robert Pollett pleaded guilty to theft under $5,000 at provincial court in Leduc November 26 and told court he feels he is getting too old for his life of crime.

"I'm 54 years old, I need to change my life around," he said. "I need to get out and start my rehab."

Pollett was arrested on October 25 after a loss prevention officer at the Leduc Safeway spotted him attempting to leave the store with 14 packs of Nicorette gum, valued at $576.

The officer followed Pollett out of the store, past the security alarms, and arrested him in the parking lot.

Pollett turned out to be on release from two previous thefts, one in Vegreville, where he stole razor blades, and one in Red Deer, where he stole 19 Blu-Ray DVDs. Pollett pleaded guilty to those charges in Vegreville on November 2 and received an 18-month conditional sentence that would enable him to enter rehab for an addiction to alcohol and marijuana.

Crown prosecutor Lionel Chartrand (emphasis ours) said Pollett had an "extreme" record, with 37 prior convictions for theft and possession of stolen property. Pollett's defence lawyer said he is serious about cleaning up his act this time around.

Judge Marilyn White sentenced Pollett to 30 days in prison.

Election 2010: Candidate Godon!

Good Day Readers:

It's wise of Mr. Godon to declare his candidacy for the Manitoba Metis Federation Presidency early and his team to set up interactive systems such as a
http://metisonline.ca, a Facebook Page accessible from his Blog (http://facebook.com/pages/Frank-Godon-for-Manitoba -Metis-Federation-President/224977476718#), YouTube and, hopefully, a Twitter account to begin taking the message directly to voters. Such an approach will allow for real time input some of which will undoubtedly be usful in shaping his policy platform as countdown to Election 2010 continues.

The link "Meet the Team" on his site has yet to be activated which, hopefully, will happen shortly. To date, the only person identified is Darcey Jerome formerly of www.dustmybroom.com fame.

The other declared candidate is Derryl Sanderson seeking Board of Director, Winnipeg Regional Office. He too has a Blog (www.derrylsanderson.blogspot.com) and Facebook Page (http://www. facebook.com/derrylsanderson).

We'd like to briefly comment on Candidate Godon's platform as it currently stands:

I. National Identification Cards will also serve to strengthen the MMF's notoriously unreliable "official" voters list not in time for the 2010 election but beyond. According to a report which appeared on www.derrylsanderson.blogspot a few months ago, the Federation has started a program of require every menber to submit the results of a genealogy search. Problem is, it won't be completed until 2012. Question. Could each current Provincial Board of Director pass the test?

II. If Metis citizens of Manitoba, or anywhere else for that matter, wish to be considered a Nation they will require the same standards of transparency and accountability as a provincial or the federal government. CyberSmokeBlog fully endorses a third-party independent audit of MMF finances over the past 5 years with the unedited results being made public.

III. If the Louis Riel Institute is not achieving its potential it should be changed so it does.

IV. The Manitoba Court of Appeal has heard the Manitoba Metis land claims case and has yet to hand down its written decision. If rejected in large part of all, what is Candidate Godon's position? Does he favour applying to the Supreme Court of Canada for a final review?

CyberSmokeSignals supports payments to Veterans and Residential School Survivors subject, of course, to being able to prove their claims.

V. Like the American Presidency CyberSmokeBlog endoses a maximum two consecutive term for the position of President, Manitoba Metis Federation.

VI. CyberSmokeBlog agrees with the Candidate's proposal for two-year salaried positions for Provincial Board of Directors. Since each of the 7 MMF Regions have their own internal Boards seven should be sufficient to cover the province. Look at the numbers. Currently there are 23 Federation Provincial Directors. By way of comparison, we have 38 federal Cabinet Ministers and 19 for the entire provincial government. If Premier Selinger can govern all of us with only 19, surely the Manitoba Metis Federation doesn't need 23!

Sincerely,
Clare L. Pieuk

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The Announcement

And so it begins – It wasn’t an easy decision to make, but I’ve fallen in line with a group of Metis patriots and can no longer stand by and watch as our leaders take us down the paths of servitude - a condition in which one lacks liberty especially to determine one's course of action or way of life – and unaccountability to the people. President Reagan once said: “To sit back hoping that someday, someway, someone will make things right is to go on feeding the crocodile, hoping he will eat you last--but eat you he will.” I can no longer sit back hoping someone will “make things right.” So with this in mind, I’ve decided to run for the president’s position in the next MMF election that according to the constitution should be held no later than September of 2010.

It is no secret that I have been vocal concerning Metis politics here on the internet at various websites and blogs. So I figured what better place to announce my candidacy then on a website. This is not about me as the “person” who is going to make things better for the Metis people of Manitoba. This is about a group of grassroots people who are tired of the same old practices that our leaders engage in once they take power. A group that has gotten together mainly through the internet and have spoken against this misuse of power. I have the credentials to run for president and when the idea was presented to me, I thought why not. As the months go by until this election is called, I will be listening to you the Metis people of Manitoba. The Metisonline.ca group will have a forum for you to tell us what you want to see in leadership.

Here are the main points of my platform.

I. The first issue we will deal with is the “Membership issue.” We believe that the Metis people of Canada deserve more respect than is shown by current levels of government – the MMF included. So we are going to respectfully demand a meeting with the federal government to secure for the Metis people a National Identification Card. This will be based upon our current process for determining who a Metis person is, but will have a national credential to it. Membership! Sounds like something you use at a golf course or co-op store. The time has come for the government to live up to the constitution that says the Metis are one of the three who make up the Aboriginal peoples of Canada. Our First Nations cousins can use their treaty cards across Canada – we demand the same for the Metis.

II. The next important issue is transparency of how the MMF does business. We propose that every six months monies paid to the President, Vice Presidents, Board of Directors, and anyone who draws money from the MMF (except for workers) be posted on the MMF website. I recently saw what the Metis leaders in BC have done in disclosing what they make as far as wages and making their expenses available to anyone who wants to look and thought this is what our provincial Metis government needs to do as well. Also in line with transparency we want an internal audit of the Federation done from the last 5 years to account for where taxpayer’s monies have gone.

III. Education – we have what is known as an educational institution called the “Louis Riel Institute” but it's not functioning at what it could be. As an instructor in one of the largest universities in Russia I see a lot of potential in taking our LRI into a functioning university. A place where not only our Metis students can come to learn but other Canadians as well.

IV. Settlements – Land claims, Veterans, Residential schools, etc. We feel that this is the old merry-go-round that the government loves to keep us in. They give us money to pay lawyers to fight their lawyers to settle something that is rightfully ours. And our current leaders grab this hook, line and sinker. Common sense tells us this is a wrongful misuse of taxpayer’s monies and something needs to be done about it. On issues such as Veterans and Residential school survivors – if they deserve it they need to be paid.

V. Presidential term – we believe that the constitution should be changed to a set date of elections every four years and the President can only sit for 2 consecutive terms should they win a second term.

VI. Board of Directors – we believe that the Board of Directors position should be a paid position and that their terms should be only two years – there are some who have suggested that the number of BoD’s be reduced to one per region – I am currently thinking this one over and it does sound appealing to me.

This is just a start of my (our) platform and as time goes on I will explain more in depth and I welcome any questions or suggestions anyone may have.

Please continue to visit this site and also join us on Facebook to receive current videos which will address current situations as they develop.

I would like to share with you this quote: “The path of life is strewn with the bones of those who failed to change” and “It is in changing that we find purpose.” Now is time for a change.

A special message for those out there who don’t bother to vote come election time – If there is something wrong, those with the ability to take action have the duty to take action. You have the right to vote for the next president of the MMF – exercise that right – and vote for me.

Hardly!

Anonymous has left a new comment on your post, "Have we got the lawyer for you!"
Sleeping Clare? You've been scooped!
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Dear Anonymous:
Thank you for writing. We've known about Mr. Godon's pending candidacy now for several weeks but chose to keep it confidential because indirectly we were asked. Besides, we didn't think it right nor fair to steal his thunder before he had a chance to officially make the announcement. Put yourself in our position for a moment, what would you have done?
As a matter of fact, our source was contacted seeking policy advice concerning a particular situtation.
Sincerely,
Clare L. Pieuk

Thursday, December 10, 2009

Have we got the lawyer for you!

Hi Counsel,

My name is Tanaka Masato. I am contacting your firm in regards to a divorce settlement with my ex husband (Paul Masato) who resides in your jurisdiction. I am currently on assignment in Japan. We had an out of court Agreement (Collaborative Law Agreement) for him to pay $448,450 plus legal fees. He has only paid me $44,000 since. I am hereby seeking your firm to assist in collecting the balance from him. He has agreed already to pay me the balance but it is my belief that a Law firm like yours is needed to help me collect payment from my ex-husband or litigate this matter if he fails to pay as promised.

Sincerely,
Tanaka Masato
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Dear Ms Masato:
Thank you for writing. We'd love to help, however, we don't have a law firm much less any legal training. However, perhaps you can contact the following Counselor who is divorced so must know the process well. Good luck!

www.ptlaw.mb.ca; mtrachtenberg@ptlaw.mb.ca

Sincerely,

Clare L. Pieuk

But of course!

The Public Eye (Truth To Power; www.accesstoinfo.blogspot.com; vicpopuli1@gmail.com) has left a new comment on your post, "Thank you Mr. Populi!"

The gentleman in the photo is none other than Daniel Ellsberg, and anyone who recognizes that name will recall the Pentagon Papers fiasco of the early '70s (which indirectly led to Watergate), and anyone who recalls the Pentagon Papers fiasco will recognize its uncanny similarity to the lawsuit you currently face.
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Dear Public Eye:
Thank you for writing. But of course!
Daniel Ellsberg (born April 7, 1931) is a former US military analyst employed by the RAND Corporation who precipitated a national political controversy in 1971 when he released the Pentagon Papers, a top-secret Pentagon study of US government decision-making about the Vietnam War, to The New York Times and other newspapers. (Wikipedia)
Sincerely,
Clare L. Pieuk

What's sex the "right way?"

Phone Sex has left a new comment on your post, "Trust the British for a good sex scandal!"

Sex's lack of meaning is also scary because it means partners are not subject to our control or accountable to objective criteria. It means we have no authority to tell a partner, "you're obviously wrong for what you like or do sexually, so you should want what I want--sex the 'right way."
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Dear Phone Sex:
Thank you for writing. Presumably it comes down to as you say sex the "right way" whatever that means.
Sincerely,
Clare L. Pieuk

"Ahoy Captain Woods!"

Tiger Woods is in hiding and his 155-foot yacht has also gone undercover. The $20 million boat is currently docked at Old Port Cove in North Palm Beach, Florida (and no, Tiger's not on it).
Tiger's yacht with the name "Privacy" covered by a cloth (December 10, 2009)

Want to be super cool for the holidays do we?




Adidas Leaps from Hot Sneakers to Warm Jackets
The sporting-goods maker aims to climb Alpine heights with a new performance-sports line Innovation - This Is A Design Revolution?
by Holger Elfes
(Bloomberg) — Adidas has long been one of the world's premier brands in fashion sport shoes. Now the German sporting-goods company plans to begin selling high-end mountaineering jackets next year, muscling in on North Face's turf as outdoor gear grows faster than traditional sporting goods.

Adidas is setting a lofty goal for itself, too. It wants to become a leading brand for so-called performance-sports gear by 2015, says Rolf Reinschmidt, head of the global outdoor division.

Sales of outdoor gear will rise about 0.7% in Europe this year, outperforming the declining sporting-goods market, according to industry body European Outdoor Group. The fragmented nature of the market makes it attractive for adidas. North Face owner VF leads the $59 billion industry with outdoor-sports sales of $2.74 billion, the association says.

"Adidas is still far behind the specialist labels, but it's coming up," says Andreas Bartmann, chief executive of Globetrotter, Europe's largest outdoor-products retailer. Globetrotter, in Hamburg, Germany, will start selling adidas hiking boots next year.
Revenue Is Up
The new 325-gram Terrex Feather Jacket is designed to protect trekkers at heights of up to 19,685 feet. Like all adidas performance sports gear, the $595 product will initially be available only in Germany and neighboring Austria and Switzerland, along with Russia, China, and Korea. From 2012, the entire line will be available globally.

The world's second-largest sporting-goods maker doesn't provide sales figures for its outdoor unit, saying only that the division's revenue rose in the first nine months of 2009 while overall sales fell 3.7%. VF, which is in Greensboro, N.C., reported that North Face's third-quarter revenue increased 10% at constant currency rates, while sales of its Vans label climbed 4% on the same basis.

Growth in the industry isn't universal. Columbia Sportswear said in October that third-quarter sales fell 4%, to $434.5 million, and forecast a decline for the year of 8% to 9%. The Portland (Ore.) company had previously predicted a "low-double-digit" drop in annual revenue.
Solo Ascent
Reinschmidt has led adidas' outdoor sports unit since 2007 and has a team of 40 developing high-tech apparel and boots. In Europe, adidas increased its spending on marketing this year by running TV commercials with Alexander and Thomas Huber, brothers who are known for extreme Alpine climbing. The sporting-goods maker also started sponsoring Reinhold Messner, who made the first solo ascent of Mount Everest without bottled oxygen.

Adidas Chief Executive Herbert Hainer has said his company would build its outdoor-sports division using its own brand name and without resorting to acquisitions.

"Adidas is doing a seriously good job as the company tries to take advantage of the increasing interest for outdoor gear," says Mark Held, secretary general of European Outdoor Group. He expects the industry's growth to continue into next year. "Even in hard times, people continue buying outdoor gear to escape for a while from the seriousness of life."

To contact the reporter on this story: Holger Elfes in Dusseldorf at helfes@bloomberg.net.

Tiger should have listened to Joe!

DiManno: Early marriage a pricey mistake for some stars
By Rosie DiManno
Columnist
Published Thursday December 10, 2009
Joe Namath, left, had it right, according to Rosie DiManno: Michael Jordan, centre, and Kobe Bryant should have done what Joe did. (Reuters, Getty & AP File Photos)

Joe Namath had it right: Bed them all, while the poker is hot. Just hold off on the I Dos until done with the I Dids.

For pro athletes, there’s usually a long cooling off period, often well into retirement, before they lose their studly attraction. Joe DiMaggio was 39 and out of the game when he wed the sexiest woman on Earth — though we know how well that worked out, and he’d been married once before Marilyn Monroe knocked his socks off, but never again after.

Point is, a jock’s sheen doesn’t go south at the same time as his skating legs or his pitching arm or his putting eye. The lustre continues to hover, especially for the greats and, like aging rock stars, there’s never a shortage of missus-minded nubiles from which to pick a maybe-happily-ever-after spouse and breeding partner. There’s no biological clock ticking down on their reproductive parts.

It is incomprehensible why the majority of sports celebrities get hitched at the peak of their careers or, especially with hockey players, before they’ve hit it big, betrothing themselves so prematurely to girls they date as juniors or in the minors. Are they cuckoo?

Yes, it’s lonely in the bushes with young comers frequently far from home and emotionally susceptible to the lure of togetherness. They probably need mothers more than they need wives at that stage of ripening. Then babies come along, often before any actual nuptials, and they’re trapped, just at the point when they have the bucks and the fame to indulge all their cravings and hot sex fantasies, can’t beat the groupies off with a stick.

Tiger Woods, as most notorious and current example, should have spent many more years sowing those wild oats few even realized he had in him, maybe no one so untuned to that gadabout-gonads yearning as his lovely young wife Elin, mother of their two small children, no doubt now in throes of anxiety and bitterness over the fragile state of their union, regardless of how much money Tiger has shovelled at her to stay put.

For someone whose entire life was scripted by his golf genius, perhaps marriage and fatherhood seemed the logical next step, that role he was required to fulfill at a certain apogee of outward maturity. Surely love was a factor, too; the conviction this was the woman for him. And apparently Wood still wants her to be that woman — just not the only woman, at least not on the evidence of all the others who’ve come forward over the past week to claim a piece of his roving ass.

Divorce has taken a huge toll on professional athletes, financially. Michael Jordan hit No. 1 on the Forbes list of all-time expensive celebrity breakups, with Juanita Jordan reported to have collected a cool $168 million. Elin could break that alimony barrier.

Sometimes, even the threat of divorce or the fallout of public shaming is enough to empty a guy’s wallet.

Kobe Bryant’s outraged wife — and, hoo-boy, she had a lot to be angry about — got a $4 million (U.S.) purple diamond on her finger in exchange for not giving the finger to her philandering husband. In retrospect, that bling seems a small price to have paid for domestic harmony.

Then there are the guys who never learn, racking up multiple divorces that drain their accounts. Jose Canseco once introduced his fiancée (later, wife No. 2, or was it No. 3?) as “the future ex-Mrs. Canseco.” Little wonder so many of these guys are still out there schlepping their celebrity status for pocket change on the pay-for-autographs circuit, ten bucks a pop.

Broadway Joe, by the way, was 41 when he married an aspiring actress in 1984. They were divorced in 1999 after she left him for a doctor specializing in penis and breast enhancement.

Tiger Woods as Barack Obama's caddy - hardly!

Lousy timing on Tiger Woods cover shot
Golf Digest already off press before Tiger drove into a tree, setting wheels in motion for media frenzy on his alleged affairs, tarnishing image

Daniel Girard, Sports Reporter
Published Thursday, December 10, 2009
Tiger Woods on the cover of Golf Digest with Obama. This issue was already off the press before the auto accident and the following flood of tabloid reports. (December 9, 2009).

It's like missing a three-foot putt on the 72nd hole with a one-shot lead.

The timing couldn't be worse.

Golf Digest, the premier magazine about the game, features a photo illustration of Tiger Woods and U.S. President Barack Obama on the cover of the January issue.

The magazine, which began landing in subscribers' mailboxes earlier this week, was printed in mid-November, well before the world's best player crashed his Cadillac Escalade outside his Florida mansion, touching off a sex scandal involving a long list of alleged infidelities.

"We're a monthly magazine with monthly deadlines," spokesperson Bret Hopman responded in an email Wednesday. "The January issue went to press almost two weeks before Tiger's accident."

While it's certainly a case of bad timing for Golf Digest, the same might also be said for the PGA Tour.

Already reeling from the impact of an economic slump that was particularly tough on the auto industry, which had thrown its money behind a host of tournaments, the pro tour can ill afford to have its most marketable player falling out of favour with fans and sponsors.

There are reports that up to a dozen PGA Tour events might not have title sponsors for the 2010 season.

"We are losing sponsors and we need more players to get involved," Pat Perez, the defending champion of the Bob Hope Classic, said this week at media day for the January tournament, which is no longer backed by Chrysler. "We need the top players to play more."

Woods, the best player and the biggest draw, remains in hiding. When he was on the shelf for the second half of the 2008 season after reconstructive knee surgery, there was a decline in TV ratings and tournament attendance, which impacts PGA Tour sponsorship.

And, given the unseemly nature of the recent allegations about Woods, it's unclear what kind of longer-term impact there will be.

"Certainly hope you will have a lot less coverage of Tiger," Pat Schmidt from Indiana wrote in an online letter to the editor of Golf Digest. "He may know golf but he doesn't understand fidelity, nor does he seem to understand that with the kind of money he takes in, he owes the paying public an honest answer."

Gina Ragsdale of Los Angeles said Woods "lied, promoted false branding and capitalized on these untruths.

"In my eyes, his reputation is forever tarnished," Ragsdale's letter continued. "He is simply not who we thought he was."

It appears those sentiments might be spilling over to corporations paying Woods to back their products.

PepsiCo Inc. is dropping Gatorade Tiger Focus, which is named after Woods, although it insists the move is part of an overhaul of its sports drink brand rather than scandal fallout.

Nielsen Co. reports numerous ads featuring Woods have been pulled from prime-time TV slots on big networks and cable channels.

Woods' ranking on the so-called Davie Brown Index, which measures the appeal of celebrities to consumers, has slumped from sixth to 24th since the crisis began.

And California congressman Joe Baca on Wednesday said, "In light of the recent developments surrounding Tiger Woods and his family," he will not push ahead with plans to honour the golfer with a Congressional Gold Medal, which is the highest award Congress has to honour civilians for achievements and contributions to society.

It all adds up to a lengthy plummet from the sports summit that led the editors at Golf Digest to run the illustration of Woods as a caddy for the U.S. president on the magazine's cover and suggest there were "10 tips Obama can take from Tiger."

"Woods is a good role model ... because he has always been able to pull himself together after setbacks," the article says. "Woods never does anything that would make himself look ridiculous."

Google owns your digital life!

When Google Runs Your Life
Quentin Hardy
Forbes Magazine dated December 28, 2009
Eric Schmidt wants to merge play and work on the desktop. Is that such a terrible thing?The trio inside the Trojan horse: Rajen Sheth, Sam Schillace and Bradley Horowitz have overseen the engineering and design of Google Apps
Your day begins with a wake-up call from your Google Android phone. As you run to the shower, you hit Google News and check headlines, then Gmail. Your first appointment of the day has been moved to a new location; Google Maps will direct you there. Quickly update your expense report--including the printout of that sales presentation using, say, Google Template--and shoot them to the back office in India (in Hindi, if you prefer, with Google Translate). Your boss wants to discuss your group's contributions to some marketing documents? Lean on Google Groups. You're not even out the door yet. You have the rest of the day to search for work-critical information on the Web while you're at the office--to say nothing of snatching a few moments to download a game, check stock prices, organize your medical records, share photos and pick a restaurant and movie for the evening. How convenient.

And a little creepy, perhaps. Google wants to own your every waking minute online--at home, while in transit, at your workplace, wherever you happen to be. It makes connectivity oh so easy, on a desktop, laptop or mobile phone. How much easier via a little-known business called Google Applications that allows us to instantly share Google calendars, spreadsheets, memos, reports, e-mail, corporate blogs, presentations and more--much, much more--by storing them in Google's enormous data centers. These bundled office-suite services make Google money on subscriptions, but they are also something of a Trojan horse to pull more people onto the Internet so that Google can make even more money from ads. By expanding what kinds of information people organize and share, as well as what they search, Google makes users ever more dependent on it to get through the day. But just who is in control here?

Eric Schmidt, Google's owlish chief, sounds so reasonable. "Our model is just better," he says. "Based on that, we should have 100% share." As for that other company battling to take over your online life? Microsoft "has many issues, including fixing the problems with their products," says Schmidt.

Microsoft isn't exactly rolling over. It's getting a boost from the early success of its search engine, Bing, and Windows 7; Office 2010, with a Web-based version of its software, looks promising. Recent discussions with News Corp. about paying for content and blocking that content from Google demonstrate Microsoft's eagerness to challenge Google on every front.

The three-year-old business of Google Apps is easy to miss, given the long shadow of the company's online ad business, which has 60% of its market and will pull in the bulk of Google's $22 billion in revenue this year. Off to the side will be another $750 million or so largely from sales of Google Apps to corporations for $50 per user per year, a fraction of what Microsoft Office sells for. But Schmidt's vision is about more than money. As Apps becomes tied to a Google computer operating system (Chrome OS), Google mobile computing (Android) and Google's application-friendly Web browser (Chrome), it promises--or threatens--to reshape both the tech landscape and the way we work and play.

Google's Chrome Web browser is designed not just to connect your computer to the Internet. It will also let Google Apps operate even when you're not online, just the way Office does. Google is developing an operating system slated to appear a year from now in netbook computers that will cost under $300 (maybe even free, with an App subscription) and be dedicated to the Chrome browser. This new netbook goes from off to online in ten seconds. A recent demo of Chrome OS featured the Pandora online music player, a service that allows you to name your favorite music, then sends you tunes similar to what you apparently like (based on roughly 400 attributes) and enables the creation of 100 personal "stations." Android, an open-source mobile phone operating system introduced in October on a new line from Motorola, brings with it a small universe of Google computing power, including new gps navigation systems with such features as predicting traffic congestion.

Let Google own your digital life, every last bit of it? Such a life would have its attractions. No longer would your data be inconveniently out of reach--your boss has an urgent question when you're home, but the spreadsheet with the answer is at the office. No longer would you get pestered with notices on your PC to download an operating system upgrade or extend the subscription on your Web security. You wouldn't worry much if your computer got stolen or fell into the bathtub; with a low price and little personal data on the machine, these netbooks may be like office furniture--if one breaks, you toss it aside and pull another from the closet. Your employer might be thrilled to move its data processing into the cloud (see related story, "Virtualization Versus the Cloud"), since that would mean savings on computer support staff.

Possible downside: You have to have complete and total faith in the company running the data repository. What if someone hacked in and got your tax return?

From 25 people in 2004, Google now has 1,000 of its 20,000 employees working on enterprise products, largely Apps. Four hundred are engineers; most of the rest are involved in sales and support, a high proportion at engineer-dominated Google. The enterprise is still dwarfed by Microsoft, which makes $19 billion from the office suite. Still, 2 million businesses have signed on to use Google software in its short life, drawn by cost, speed, collaboration and control. Most customers are tiny, but they include 15,000 workers at Genentech, 35,000 at Britain's Rentokil Initial, a business services outfit, and 30,000 in the Los Angeles government.

In a notable experiment Genentech bought both Apps and Office for all employees. Roughly 2,800, or 40%, of its workers who rely on business applications the most have migrated to Apps. The company says it has saved money on hardware and support staff from just that crossover. Genentech asked Google for features like a calendar that could handle large meetings, sorting out rooms and audiovisual needs, meetings for more than 1,000 employees at a time--700 additions in all. "They knocked them all out in a couple of months," says Todd Pierce, chief information officer at Genentech. "We ran it for 90 days to make sure the bugs were out, then moved 2.5 million items off the Microsoft calendar over a weekend, losing just 80 items." Pierce requested 15,000 dummy log-ins to make simultaneous requests to the system. "They gave them to me in a couple of hours," he says. "If you were testing Microsoft or [IBM's] Lotus, you'd need several weeks and several hundred thousand dollars in servers."

By selling on price, convenience and features, the Apps archipelago promises a potentially new kind of computing ecosystem, as different as personal computers were from mainframes. The Silicon Valley rush to cloud computing focuses mainly on cost saving, but that aspect of it misses the importance of creating and consuming information that's continually updated, commented on by others and accessible anywhere. There are no files or folders; just reliance on what Google loves best--search.

Search can throw off a variety of software goodies from Google. Already, a multinational can send Gmail between, say, the Berlin office and San Francisco, and the German on one end will end up as English at the other, thanks to Google Translate, which was built for foreign Web pages. Need to meet someone who contacted you by e-mail? Links to Google maps and your calendar can help you pinpoint a where and a when. All of Apps probably takes up less than 1% of Google's data centers, which have a million-plus servers. Needless to say, Google's hoard ($22 billion in cash as of September 30) means the company will be refining Apps for the ten years or so Schmidt says he will need to bring it to its full power.

"Apps is search masquerading as collaboration," says Douglas Merrill, a Princeton-trained psychologist and Google's former chief information officer, who is writing a book on how search-centric computing changes our lives. "It is a behavioral change in how we view the world--a way to survive amid information overload." It could also mean more Big Brother in our lives, thanks to customizations that let corporate bosses monitor how workers spend their time.
Born in Washington, D.C., Schmidt, 54, studied electrical engineering at Princeton and computers at UC, Berkeley, where his doctoral work involved tinkering with the open-source Unix operating system. One of the key points was the importance of sharing information and developing collaborative feedback loops to improve performance. That evolving concern with the growing power of networks--coupled with a fiercely competitive drive honed on a hardening hatred of Microsoft--has shaped his professional life. One executive who has worked closely with Schmidt calls Microsoft his "white whale."

Joining Sun Microsystems in 1983 as chief technical officer, Schmidt oversaw development of the Java programming language, which allows the same type of computer program to run on many different kinds of computers, just as the Internet was taking off. Schmidt was initially shy but came to love public speaking, partly by evangelizing for Java. He led a three-month project to embed a version of Java into the browsers made by Netscape Communications, an early browser company. Microsoft crushed Netscape with its Internet Explorer browser and squeezed Sun with a version of its server software.

In 1997 Schmidt left to head Novell. A powerhouse in corporate networking, the Orem, Utah company had also been sideswiped by a Microsoft offering that came with a lot more features and ties to other products. Novell countered by trying to add its own Apps business, but its $1.5 billion acquisition of WordPerfect Corp. proved a botched affair. Three days after Schmidt started the job he was told that an expected $20 million profit on the quarter was really a $20 million loss. He fired 1,000-plus people and logged 250,000 miles a year selling Novell's software, overseeing a return to its core directory business. Novell's stock rose sevenfold, only to collapse amid the dot-com bust and continued onslaughts by Microsoft.

Schmidt came to Google in early 2001, when it had fewer than 300 employees. The company's venture capitalists wanted an experienced chief executive. Founders Larry Page and Sergey Brin had built an impressive search engine, based on Linux. They gave away search to consumers and watched how they used it, tinkering with the engine based on their feedback. Slim revenues came from corporate purchases of search. Undisciplined though they were, Schmidt bonded with Brin and Page, traveling with them to Burning Man, a kind of geek performance-art hoedown held annually in the Nevada desert. Luckily he also defended their insistence in the face of VC pressure that Google hold on to its consumer search business when it made no money; the backers wanted the company to focus on corporate search. Schmidt recruited much of the group that made Adwords, Google's feedback-based ad auction system. In the 2004 public offering Brin, Page and Schmidt held on to most of Google's B shares, giving them inordinate voting power. (As of November 20 holdings by the trio were worth, respectively, $18.2 billion, $18.2 billion and $6.4 billion.)

Behind the scenes Apps was taking shape. Google's young engineers were tinkering with corporate e-mail applications. They came up with software that took e-mail and made it easier to search and filter. Over time this became the Internet-based Gmail, which was released to the world on April 1, 2004 (many thought it was a prank). Inside Google techies despised an Oracle Corp. calendar that could not be shared or easily transported in and out of the company, and so built an online version, Google Calendar, released to company insiders around the end of the year.

That was Schmidt's eureka moment. "The calendar was a real insight to me," he recalls. "It's been around for 20 years, or 2,000, without much change. Now you could see what people were doing--projects have calendars, rooms have calendars, people have calendars. If you can put data into that, computers can program things for you--calendars and spreadsheets can be like a program."

By then Schmidt had separated the enterprise search business from ads and was thinking about how Google's loosely organized but collaborative and dynamic structure could be useful to older corporations. In mid-2004 he, along with Page and Brin, met with Rajen Sheth, David Girouard and Matthew Glotzbach, who ran the enterprise group. "There was a notion that collaboration was broken," because there was too much information in companies, and people were too spread out, says Sheth. "Maybe we could fix it."

As if to prove the woes of collaboration using existing e-mail, the three showed up not knowing which of the 15 e-mailed versions of the presentation was the right one. Given its size and ambition, Sheth says, Google aims for products that can be used by a billion or more people, getting there via incremental software and features that it can improve as it watches and learns from how consumers take to new tools.

In the case of enterprise Apps this meant building out Gmail to handle lots of people and features, blurring distinctions between home and office by having everything on the Internet (something that was already valuable in corporate search, where a query might first look through company files, then the Internet, to find a range of answers). Engineers built spam filters and faster crawling and indexing to present information almost as fast as it was created. The consumers on free Gmail made excellent guinea pigs for tests, and their behavior told Google about how long people scanned items, say, or what they used in instant messaging.

Once a program is ready, it's common to release it inside the company to see how picky engineers treat it. In March 2006 Google acquired Upstartle, a four-person outfit with a primitive way of creating, accessing and sharing documents through a browser. The program was adapted to become Google Docs within a few months. Gmail for business had just been launched, and the enterprise operation was growing at a clip. "We were quickly assimilated into the borg," says Samuel Schillace, who designed the Docs forerunner and is now an engineering director at Apps. Schmidt first posted a proto-Docs document about an uPComing meeting. In minutes a score of edits was on it, updating old stats and what the meeting would cover. Other Google executives also started treating memos more like e-mail than printed documents.

In the summer of 2006 Schmidt put the company on the online calendar and gave every employee an account for the other Apps. Everyone got T-shirts of a cartoon Chihuahua with a giant bone inscribed, "Dogfood"--as in eat your own. People could choose to use the new stuff or stay with Microsoft Office. The key development was online collaboration: Put something down on your calendar or memo, and everyone involved in the project can see it right then. "Most of what you do involves other people, and the Internet is a superconductor for that," says Sillace. Within weeks 90% of the company was using Google Docs. Apps was released to the public soon after, with the $50 business version in February 2007.

Apps is still a work in progress. Engineers have introduced a better layout and new features, changing the structure of Gmail to embrace things like video. It still needs some security features, among other things, to satisfy the compliance needs of, say, a large financial institution. In an April 2008 meeting Page worried they were overshooting how complex a program an Internet connection could handle and still get instant updates of data. "You're trying to do everything through the browser," he said. "It will never work." Googlites had been looking at browser technology and took Page to mean what they built would have to work differently from anything on the market. They came up with Chrome, supposedly able to handle more of the Javascript language that enables browsers to act like desktops. The Chrome operating system followed six months later, as Schmidt realized that the ever sinking costs of hardware might enable Google to start taking over the work and mind share of corporate America's office computers.

Here, Eric Schmidt must pause. There are mighty forces at work to hobble his ambitions--some of them self-inflicted. Google has had plenty of flops. There was Lively, a virtual world to rival Second Life, shut down a year ago. Froogle was an online catalog of print catalogs. Orkut, a social network, is still popular in Brazil--and pretty much nowhere else. How about dMark, acquired to place radio ads the way Google puts ads on Web search results?

Microsoft, though mired in its own history of botched opportunities, is still a colossal adversary. "We have a ton of competitors, in many cases versions of our old stuff," scoffs Christopher Capossela, a senior vice president who oversees Microsoft's collaborative and online applications. "Google is a company that collects data to sell ads," he says. "That doesn't translate into a strong enterprise player."

Google has its own loaded slingshot. "We offer cheaper cost of ownership and zero cost of install, but if you don't take on the philosophy of the tools you don't get the full benefit," says Bradley Horowitz, who oversees product management for Google Apps. "The tools are a manifestation of the culture here. All those about ideas, sharing and transparency--it's not for a command-and-control world."

But it has a potentially dark side. How will people inside companies take to all that sharing and transparency? Programs that can be accessed by anyone anywhere may be great for productivity--and a real threat to privacy. Glancing at different salespeople's Gmail accounts, to take but one small example, is a way to measure which ones are hustling the most. How personal information could be exploited and by whom is anybody's guess.

Schmidt claims neutrality, as he has in previous controversies over search and privacy. "We try hard not to make value decisions--we let the customer make decisions," he says, noting that companies already own what is on employee e-mail and documents. Long before Google, companies judged productivity with video surveillance and counting keystrokes in their call centers. Apps and software like it just extends the snooping to higher-paid workers. When asked if he has ever responded to a National Security Letter demanding that Google turn over information to the government, Schmidt smiles. "We are subject to laws that I don't like--you can't sue against security laws." Privately, however, he has told friends to keep off a computer anything they want to keep private.

That is difficult, as Schmidt himself acknowledges. "In the world I'm in," he says, "everybody works all the time."

Tiger should work for Yahoo!

Although some sports fans may be disheartened by the Tiger Woods scandal, at least one company appreciates him. Yahoo! CEO Carol Bartz said the interest in Tiger Woods has produced a surge in traffic to the site. (NEWSCOM)

Yahoo! loves Tiger Woods. “God bless Tiger,” says Yahoo! CEO
Tiger Woods mania. Yahoo! CEO Carol Bartz said the interest in the Tiger Woods scandal has meant a big increase in traffic to Yahoo!
By Jimmy Orr
December 9, 2009
Hey, who says things are all going downhill for Tiger Woods?

There’s at least one company out there that likes him.

While advertisements featuring the golfer have begun to disappear from television and at least one sponsor — Gatorade — has dropped him altogether (although reportedly before the scandal), one CEO is thanking God, literally, for his implosion.

Yahoo CEO Carol Bartz told attendees of the UBS Global Media and Communications Conference yesterday that the Tiger Woods soap opera has meant great business for the search company.

“God bless Tiger,” Bartz said while discussing the surge of Woods-related traffic to the site. “This week we got a huge uplift: Front Page, News, Sports, Gossip. He just filtered through the whole place.”

More traffic means more display ads Yahoo can serve up on its pages and that means more money.

How much more? When asked if the scandal would “make” Yahoo’s quarter, Bartz said,”Oh, absolutely. He already has.”

So is Bartz saying that in the world of Internet traffic, any news is good news? Not exactly. Some scandals are better than others, she said — although she may have wanted to remain silent on this topic.

“[This] is better than Michael Jackson dying; it is kind of hard to put an ad next to a funeral,” Bartz joked, reportedly to little laughter.

Hey, we’ll never compare Tiger Woods with Michael Jackson’s funeral, but if we do it’ll only be on Twitter. So follow us.

Wednesday, December 09, 2009

Thank you Mr. Populi!

Good Day Readers:
Just noticed the following article posted by The Public Eye (Truth To Power - www.accesstoinfo.blogspot.bom; vicpopuli1@gmail.com). Anyone recognize the gentleman in his customary metaphorical picture?

Sincerely,
Clare L. Pieuk
----------------------------------------------------------------------------------------------------
09 December 2009
"The MMF's Current Leadership"The following email has been edited in terms of its content.

Subject: Federally/Provincially Funded Manitoba Metis Federation Sues Website!
From:
CLARE PIEUK <pieuk@shaw.ca>
Date: Saturday, December 31, 2005 1:51 pm
To: Martin.P@parl.gc.ca
cc: Alcock.R@parl.gc.ca, Premier@leg.gov.mb.ca, tflanaga@ucalgary.ca, Harper.S@parl.gc.ca, Layton.J@parl.gc.ca, Martin.Pd@parl.gc.ca, Prentice.J@parl.gc.ca, Scott.A@parl.gc.ca, Simard.R@parl.gc.ca, Stronach.B@parl.gc.ca, Toews.V@parl.gc.ca, Wasylycia-Leis.J@parl.gc.ca

Saturday December 31, 2005

Defamation Or Violation Of Basic Freedom Of Speech And Expression - You Be The Judge!

Dear Ladies and Gentlemen:

By way of brief background, www.CyberSmokeSignals.com is a Metis specific website established May 6, 2000. Since then it has been viewed by over 254,000 visitors from throughout Manitoba, Canada and internationally (e.g. United States, South Korea, Australia). It receives no external funding whatsoever.

The site's Founder (Terry Belhumeur) and I (Web Master) became increasingly concerned with the lack of financial accountability, transparency and corporate governance of the publicly funded (approximately $20 million annually - almost $19 million federally the balance provincially) Manitoba Metis Federation. Since its inception, CSS.com has posted several articles questioning expenditures made by the MMF's current leadership.

During late May of this year, the Federation filed a Statement of Claim in Manitoba Court of Queen's Bench alleging we had defamed the organization and 22 of its 23 Provincial Board of Directors - the exception being the elected Vice-President for the Winnipeg Regional Office. To view the incredible litany of documents submitted to date by Federation Counsel, visit www.jus.gov.mb.ca and click on "File Number Search" entering CI05-01-41955. The actual contents of some of them can be viewed in the "Archives II" link (upper left corner) of our main page.

Within approximately two weeks, a major media outlet will be covering this story. However, we have entered into a verbal exclusivity agreement not to discuss it further until the detailed article is officially public domain information. [. . . .]

Should you have further questions you can contact CyberSmokesignals' attorney Mr. Jeffrey Niederhoffer [. . .] or me.

Thank you for your consideration of this matter.

Sincerely,
Clare L. Pieuk
Web Master
CyberSmokeSignals.com

The new lipstick on the collar!

Text Messages: Digital Lipstick on the Collar
By LAURA M. HOLSON
Published: December 8, 2009
There is a question that has crossed the mind recently of anyone who has sent a cellphone text message while cheating on a spouse: What was I thinking?
Kwame Kilpatrick, the former Detroit mayor, in court in 2008 with Christine Beatty and her lawyer, Mayer Morganroth. Steamy text messages were a big part of their case. (Bill Pugliano/Getty Images)
Senator John Ensign, Republican of Nevada, had an affair with a former employee that was confirmed when the woman's husband found an incriminating text message. (Brendan Smialowski for The New York Times)
Text messages are the new lipstick on the collar, the mislaid credit card bill. Instantaneous and seemingly casual, they can be confirmation of a clandestine affair, a record of the not-so-discreet who sometimes forget that everything digital leaves a footprint.

This became painfully obvious a week ago when a woman who claims to have had an affair with Tiger Woods told a celebrity publication that he had sent her flirty text messages, some of which were published. It follows on the heels of politicians who ran afoul of text I.Q., including a former Detroit mayor who went to prison after his steamy text messages to an aide were revealed, and Senator John Ensign of Nevada, whose affair with a former employee was confirmed by an incriminating text message.

Unlike earlier eras when a dalliance might be suspected but not confirmed, nowadays text messages provide proof. Divorce lawyers say they have seen an increase in cases in the past year where a wronged spouse has offered text messages to show that a partner has strayed. The American Bar Association began offering seminars this fall for marital attorneys on how to use electronic evidence — text messages, browsing history and social networks — in proving a case.

“How does someone make up an excuse when what is happening is right there, written in black and white?” asked Mitchell Karpf, a Miami divorce lawyer who is also chairman of the bar association’s family law section. “By the time someone shows up with a handful of texts, there is no going back.”

Although most e-mail users have come to understand that messages remain on their computers even if deleted, text messages are often regarded as more ephemeral — type, hit “send” and off it goes into the ether. But messages can remain on the sender’s and receiver’s phones, and even if they are deleted, communications companies store them for anywhere from days to a few weeks. AT&T said that, at most, it saved text messages for 72 hours while Verizon said it saved them for 5 to 10 days.

Lawyers expect the number of cases to grow as younger cellphone users, who are more likely to text than talk, marry. Text messages now outnumber mobile voice calls three to one, according to the Nielsen Company. Monthly messages sent or received jumped to 584 a person in the quarter ending in September, a 60 percent increase from a year earlier.

At the root of the issue is privacy — or rather the increasing lack of it in our show-and-tell digital culture. Text messages are considered private, much as telephone calls are, legal experts say. But if a cheating spouse’s cellphone is part of a family calling plan or regularly left unlocked and unattended on the dinner table or night stand, it is conceivable that a partner who suspects infidelity could make a case for sifting through the in-box.

“People who have something really private to say probably shouldn’t do it in a text on their cellphone,” said Marc Rotenberg, executive director of the Electronic Privacy Information Center, a public interest research group based in Washington.

In Mr. Woods’s case, Jaimee Grubbs, who has worked as a cocktail waitress, came forward with text messages that she said were from Mr. Woods once he was rumored to be having marital problems after he slammed his car into a fire hydrant and a tree on Thanksgiving. Since then, several other women have said they, too, slept with Mr. Woods. He has said in a statement only that he was sorry for his “transgressions” and asked that his family be left alone.

“Personal sins should not require press releases, and problems within a family shouldn’t have to mean public confessions,” Mr. Woods said.

Others, like Kwame Kilpatrick, the former mayor of Detroit, were found out because they used government-issued mobile phones and pagers. Mr. Kilpatrick lied under oath about having an affair with an aide, but his text messages revealed the truth. Nevada’s governor, Jim Gibbons, was accused last spring by his wife in divorce documents of sending more than 800 text messages to a mistress in 2007. He contended that the woman was a friend, but he paid the state $130 for the messages from his phone.

What is more common, though, is suspicion followed up by a confrontation. Doug Hampton, a longtime friend and employee of Senator Ensign’s, said recently on the ABC show “Nightline” that he was alarmed after he had borrowed Mr. Ensign’s cellphone in late 2007 to call his wife, Cynthia Hampton, and found her listed as “Aunt Judy.” Mr. Hampton said he found an incriminating text message and confronted the pair about their affair at a Christmas dinner soon after.

In a recent survey of 2,300 adults about social networking, the Pew Internet and American Life Project found that 12 percent said they had shared information online that they later regretted posting. Posting on a social network is not the same as sending a text message. But Lee Rainie, director of the Pew project, contends it is evidence of an overall cultural shift in which people have become increasingly careless about revealing personal information they cannot take back.

“It is one thing to write a personal note to someone who shares it with her two best friends,” said Mr. Rainie. “It is another thing to text your undying affection and become a laughingstock. What feels intimate and anonymous at the time, perhaps, really isn’t. It can be shared widely.”

Sherry Turkle, a professor and researcher at the Massachusetts Institute of Technology, has studied interaction with technology for more than two decades. Unlike with computers, Professor Turkle said, consumers have a deeply personal connection to their cellphones, where they keep contact lists and family photos. “They carry them in their pockets,” she said, “next to their skin.”

One woman Professor Turkle spoke to for a study was so grief-stricken after she had misplaced her cellphone that she described the loss as a death. “People feel it is an extension of their body and mind,” the professor said, but, she added: “Like Peter Pan, we do not see our electronic shadow until it is pointed out to us. We assume it is not there.”

Proving adultery is not the only value of a text message to a divorce lawyer. Last year Mr. Karpf, the lawyer from Miami, represented a husband whose wife was seeking sole custody of their child. The wife claimed the husband had left her and the child. He countered, saying he left because she was physically abusive. She denied it until Mr. Karpf produced several text messages the wife sent her husband apologizing for her inappropriate behavior. “She set up the whole case for me,” Mr. Karpf said.

Robert Stephan Cohen, the lawyer who represented Christie Brinkley in her divorce from Peter Cook, said a spouse’s finding out about a cheating partner by reading their personal text messages would have a profound effect on how such cases were played out, both in court and among friends and family. Mr. Cohen predicted that the battles in even the most routine divorces would become uglier with more text messages as evidence.

“It’s much different than rumor running around about a husband at dinner with a babe in the back booth,” he said. “It’s in the spouse’s face. They read it over and over again. It’s harsh and hurtful.”

It can sleep 21!

Tiger Wood's Yacht "Privacy!"
The 6,500-square-foot yacht has a master suite and six staterooms. It is decorated in dark cherry wood and beige marble, with leather-upholstered furniture, white carpeting and walls covered in white silk. It has a theater projection system, a gym and an eight-person Jacuzzi. It can sleep 21.

Who's next?

Gatorade ends Tiger-themed drinks, says move preplanned
By Michael McCarthy, USA TODAY
Wednesday, December 9, 2009
Launched in 2008, Gatorade Tiger Focus will be discontinued.

The first dent in Tiger Woods' gold-plated endorsement portfolio appeared Tuesday as Gatorade said it was dropping its Woods-themed line of sports drinks. It remains to be seen if the world's richest, most famous athlete permanently damaged his brand image, as well as his SUV, when he crashed into a tree outside a neighbor's home on November 27.
The current endorsement king of Madison Avenue makes most of his estimated $100 million a year off the course. Among his blue-chip sponsors: Gatorade, AT&T, Nike, Gillette, Accenture, EA Sports, Upper Deck and Tag Heuer.

Gatorade confirmed a report by CNBC on Tuesday that it was dumping its Gatorade Tiger Focus brand, which first hit retail shelves in 2008. But Gatorade said it made the decision to discontinue the line before Woods' single-car crash and the resulting media frenzy about his alleged extramarital affairs.

"We decided several months ago to discontinue Gatorade Tiger Focus along with some other products to make room for our planned series of innovative products in 2010," spokeswoman Jen Schmit said in a statement.

The decision to drop Tiger Focus was first reported by trade publication Beverage Digest in an issue dated November 25. The publication's editor, John Sicher, told the Associated Press he learned of the decision the week of November 9.

Beverage Digest estimates it represents less than 5% of Gatorade's volume. Sales volume of Tiger Focus was down 34% this year through October.

Woods' corporate sponsors have not aired any TV spots featuring the married father of two small kids on prime-time TV since two days after his car accident, according to Aaron Lewis of Nielsen Co.

The last prime-time spot featuring the golfer was shown by Gillette that day, said Lewis. That spot, featuring Woods and New York Yankees shortstop Derek Jeter, aired eight times in November.

There have been no Tiger commercials since on all the broadcast networks and 19 cable networks during the evening news, prime-time, late-night and during weekend sports, Lewis said.

Meantime, Woods seemed to be making his first public move to reach out to corporate partners Sunday in a statement on his website thanking "amazing title sponsor Chevron" for sponsoring his tournament in Southern California. Woods skipped the event, citing injuries from the crash.

Some sponsors, such as Nike, have strongly stood by Woods. Others, such as AT&T, have remained largely silent about their relationship with the world's No. 1 golfer.

AT&T signed a deal this year to put its logo on Woods' golf bag and is the primary sponsor of his AT&T National golf tournament. Asked Tuesday if AT&T would continue those commitments, company spokesman Michael Coe declined to comment.

Corporate sponsors typically lay low when an endorser who is an athlete or celebrity becomes embroiled in scandal, notes Al Moffatt, president of Worldwide Partners.

Sponsors have the ability to wiggle out of long-term contracts by arguing the endorser violated morals clauses common in many contracts. But those cases typically end up in court and are difficult to prove.

A more common response is for sponsors to pull advertising featuring the embattled star, wait for contracts to expire and then decline to renew. That's what Moffatt thinks will happen with some of Woods' sponsors once the fuss dies down. In the meantime, he believes it will be "difficult if not impossible" for Team Tiger to attract new corporate partners.

"If someone brought up Tiger Woods as a potential endorser three weeks ago, the response would have been, 'Great. Can we afford him?' Now, the response would be, 'Are you crazy?' "

Woods led Sports Illustrated's Fortunate 50 list in 2009 with total winnings and endorsement earnings of $99.7 million. In 2009, Woods became the first billion-dollar athlete, according to Forbes. The magazine estimates he's made more than $1 billion in winnings, endorsements, appearance fees and other earnings since turning pro in 1996.

Contributing: The Associated Press

Tuesday, December 08, 2009

In bad taste?

MMF lawyer Murray Trachtenberg being sued again?

Clare,

Found this while doing an online search of the Manitoba Justice Queen's Bench File Registry (www.jus.gov.mb.ca). Thought your readers might be interested.

File Details

(CI94-01-84517 GALLINGER, LUBA vs WALSH MICAY & COMPANY)

Documents Filed

1. October 1994: Statement of Claim
2. November 9, 1994: Notice of Motion Master Ring Sub-Service
3. November 9, 1994: Affidavit of R. Anderson (November 7, 1994)
4. November 16, 1994: Disposition Sheet (Master Ring adjourned to fixed date - November 14, 1994)
5. March 27, 1995: Defendants' Statement of Defence

Parties

1. Defendant: Walsh Micay & Company represented by Paul Brett
2. Defendant: Murray N. Trachtenberg (self-represented)
3. Defendant: Paul Warren (self-represented)
4. Darrel Donen (self-represented)
5. Plaintiff: Audrey Luba Gallinger represented by Anderson Rudolph
---------------------------------------------------------------------------------------------------- Dear Anonymous:

Thank you very much for the heads up. We'll do some research to find what this is about and report back to our readership.

Sincerely,
Clare L. Pieuk

Does Rachel "know where all the coochie is buried?"

Good Day Folks:

Found the article that appears below referenced on today's New York Post. It's from Deadspin.com a division of Gawker Media. According to Wikipedia:
Deadspin's founding editor-in-chief was Will Leitch, author and a founding editor of the New York City-based culture website, "The Black Table." Leitch announced on June 5, 2008 that he would be leaving to take a position at New York Magazine. His replacement is A. J. Daulerio, former senior writer for the site. Rick Chandler and Clay Travis were the associate editors, Dashiell Bennett is now associate editor along with Drew Magary the editor-at-large. The editorial tone is similar to that of its sister site Gawker.com, sarcastic, humorous and often critical of mainstream media personalities.

It puts an entirely different spin on the Tiger Woods fiasco. The language has been edited where deemed appropriate. Clare L. Pieuk

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Chaos In Tigerland: A Deadspin Investigation Into The Sexual Habits Of Pro Athletes Here's a story about three women and their relationships with Tiger Woods. One is a porn star you haven't met. The other two are rumored mistresses, but they're really much more important than that. Welcome to Tigerland.

The biggest misconception about the Tiger cheating scandal is that Rachel Uchitel and Kalika Moquin, two of the first three women named by the tabloids, were his full-time lovers. They may have been at some point (especially Rachel, some say on numerous occasions) but that was not their primary function. No, Uchitel's main job was to provide women for Tiger during his globetrotting excursions to various tournaments, charity functions and (f...)-and-run private-jet weekends with his Fortune 500 party pals that he seemed to enjoy so much.

Kalika Moquin? Many Las Vegas insiders doubt that she ever slept with Tiger. But she did set him up with some sweet VIP service at The Bank or at Bare like any good hostess would: a roomful of available girls with a certain look that Tiger wanted, flown in just for the occasion. This is the world of high-end nightclub VIP treatment, where velvet ropes guard comfy, cloistered areas with leathery couches and bottles of Grey Goose, everything catered to the wishes of the much sought-after professional athlete clientele. And, yes, sports fans, that means loading their velvet-roped stable with fake-boobied ponies to f... .

"The fact people don't understand that these affairs are well-orchestrated is pretty naive," says one VIP concierge who has worked with Uchitel (we'll call him "Serge" for the sake of not always having to say "VIP Concierge Number 1" when using his quotes). "Rachel Uchitel works for Tiger the minute he gets off the plane wherever he is: from dinner, to photos, to nightclubs, to drugs, to girls — whatever he wants."

And Tiger's a mighty whale. Serge estimates she's probably on retainer for about 10-15k per month to handle all his dirty business, and the tips for successful Tiger poontang-wrangling (among other things) could net her upwards of 50k in tips. Rachel knows not to mess around with somebody like Tiger; that whole "I didn't bang Tiger!" charade she pulled with anybody who asked after the National Enquirer tailed her to Melbourne may have been somewhat true (meaning: she's not his main chick), but Tiger's probably not concerned with whatever she has to say about their true-or-false copulation activities — he's more concerned that she knows how Tiger's been feeding off a menu of 20-and-30-something bubbleheads for years provided to him by Uchitel via her concierge service.

No, it's not exactly prostitution — but these girls are flown in from LA to Vegas for a weekend of all-expenses and free drinks and admission into this world of über-rich sleaziness. If a famous athlete takes an interest, they certainly have the option to do whatever it is they want (no pressure!). So Rachel? She basically got caught in Melbourne on one of her many girl-corralling expeditions for one of her most important clients, which is a crucial part of her job.

"She knows everybody and everybody knows her," Serge says. "The clubs pay her big money for the clients that she brings in. She's not a f...... floozy or nothing. She's a real event planner. She's not just some girl that lifts up the velvet rope and s.... guy's d.... . She's the kind of girl that when you talk to her, you know, she's all business. She's beautiful, she's smart and her agenda is to land big clients — not big boyfriends." And if Uchitel were to start dishing, then plenty of other Sportsmen of the Year — not to mention certain members of the media who cover them — would suffer a similar fate as Tiger. There are many, many, many doors that many, many, many people would prefer stay tightly closed for now.

So think of Rachel not as a spurned mistress but more as a faithful confidante in Woods' elite inner circle. She knows where all the coochie is buried (even more than we know at this time), and if there has been any kind of financial transaction made for her silence, it was done with that in mind. Another equally viable alternative is that Rachel had the good sense to know she'll have quite a career for herself in this "legit" business once all this Tiger mess has passed. She knows how to honor the omerta of all VIP hosts that Tiger paid big money for her to observe.

Same thing Kalika, whom Serge describes as a "goody-two-shoes" of the Vegas nightlife scene, someone who's so meticulous about her work that she'd never entertain the notion of sleeping with Tiger simply because it would be very bad for business. "F...... Tiger would be really terrible for her reputation as a marketing and event planner for these places. There's big money in that. She's legit, dude!" (Yes, Serge says, "Legit, dude!" just as you'd expect he would.)

The one girl who didn't surprise anyone in this mess is budding reality star Jaimee Grubbs. According to VIP Concierge # 2 (let's call him, I don't know, "Jorge"), she was wrangled for a weekend, possibly by some folks at The Bank (where Kalika just so happened to work), but she was always such an attention w.... that a kajillion-word Us Weekly article buttressed with saved text messages and voicemails fit her profile to a capital extra "E." "Everyone on the scene knew who Jaimee was in Vegas the minute she stepped off the plane," Jorge says. "She dated a guy at The Bank for a long time." She had big plans, big dreams, she was gonna be a star ... but she fell in love with Tiger while watching Angels & Demons. That'll help a career, won't it? Dum-dum.

Jaimee (and the other little yapping Tiger girls) annoyed the crap out of one of Tiger's mistresses — a person who actually considered herself a "full-time" of Tiger's thanks to years of faithful service to his virulent sexual appetite. Ladies and gentlemen, meet Veronica Siwik-Daniels aka Joslyn James, a double-D brunette whose specialties include being double-penetrated on camera in many NSFW films.
(Hi!)

But Jorge, proud Facebook friend of Miss Siwik-Daniels, said that this status update she posted on December 2 was meant for all the ladies running their mouth about her man, Eldrick.

"I find it comical when certain individuals have no life of their own and want to be ME...so terribly bad. LMAO!"

The emphasis on "ME," says Jorge, was Veronica's way of respecting her unique relationship with Tiger and not becoming part of the screeching hordes. She did not return a message left on her phone requesting comment. Good for her.

Jorge was less discreet, however, telling me that Joslyn used love to talk about "all the freaky s... Tiger dug in bed," and that every time he'd come to town he'd pay for a visit. You know, with cash.

But here's what we've learned throughout this Tiger mess, which, in many ways, may change how some of these athletes are covered. Athletes have utilized the VIP service to engage in their affairs (and meet possible mistresses) for the sake of (supposed) privacy, philandering without the hassle of having to do any work themselves to land these women. It's a dirty business all around. But what to do now, since Tiger has gone and messed it up for a bunch of people who were pretty safe from prying eyes and camera lenses whenever they stepped out on their wives and girlfriends during Vegas weekends? CHAOS REIGNS ...

Welcome to the new world, mainstream media, where the blanks are about to be filled-in. The truth will set you free.

Now, bring me the client list of Pam Trahan and let's really start some s... .

Send an email to A.J. Daulerio, the author of this post, at ajd@deadspin.com.

An open letter to Candidate Sanderson!

Mr. Derryl Sanderson
Candidate, Board of Directors
Manitoba Metis Federation
Winnipeg Regional Office
www.derrylsanderson.blogspot.com/
http://www.facebook.com/derrylsanderson

Dear Sir:

Our readers noted with great interest your recent comments regarding the problem of Winnipeg gangs ("What Can We Do To Stop Youth Violence?" - December 7, 2009) which impacts on everyone in the community.

Is it a lack of opportunities for our youth that cause such disillusionment and susceptibility to committing these sickening random acts of murderous violence?

It is a self-evident truth but what to do? As a candidate, we hope you will support our initiative and incorporate it into your policy platform.

On October 31, 2009 we wrote directly to Manitoba Premier Greg Selinger (CyberSmokeBlog - "Worth a try?) attaching an article from the Los Angeles Times. It described the success of Homeboy Industries a publicly funded LA program that targets youth at risk of joining gangs. Expertise and seed money is provided to assist them to establish small businesses in the process creating jobs and economic opportunity. Our question to Mr. Selinger was why not set up and test the concept here by creating a small pilot project?

A letter of appreciation was received from Mr. Selinger's Secretariat advising our missive had been passed on to the Honourable Andrew Swan, Minister of Justice from whom we're still awaiting a reply.

Hopefully, you and the yet unannounced candidate running for MMF President (http://metisonline.ca) in the upcoming election will support this initiative.

A copy of this letter has been sent to www.derrylsanderson.blogspot.com, as well as, premier@leg.mb.ca. Should a reply be received it will be published.

Sincerely,

Clare L. Pieuk

What is your Power Animal?
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