Saturday, February 28, 2009

The benefits of being a tortoise!

Good Day Folks:

Thank you to the reader for sending this Bizarro cartoon.

Sincerely,
Clare L. Pieuk
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Friday, February 27, 2009

Murray Trachtenberg and the Law Society of Manitoba!

Manitoba lawyer Murray Norman Trachtenberg
Good Day Readers:

We are able to publish the following documents because the issues in question occurred significantly before the start of the Pre-Trial Conferences which began September 8, 2008 and, therefore, are not covered by its publication ban.

All matters relate to the Canadian taxpayer financed Manitoba Metis Federation's lawsuit (alleged defamation - CI 05-01-41955) against now defunct www.CyberSmokeSignals.com.

On January 2, 2008 we sent Counselor Trachtenberg a total of 38 pages worth of written questions for the Plaintiffs in this case. October 20, 2008 he wrote:

This is with regard to the interrogatories forwarded to me with your letter of January 2, 2008.

Included amongst those, where interrogatories for the plaintiff Darrel Deslauriers. On April 25, 2008 you consented to Mr. Deslauriers filing a notice of discontinuance in this action which took place on May 22, 2008. Accordingly, no response to the interrogatories with respect to Mr. Deslauriers will be provided.

With respect to part of question no. 1 in the interrogatories of Rita Cullen, namely, when did she cease to be a member of the Board of Directors of MMF, I draw your attention to paragraph 8, of the re-amended statement of claim which provides the answer.

With regard to the first part of of Question no. 1 for the plaintiff William Flett namely when did he cease to be a member of the Board of Directors of MMF, I draw your attention to paragraph 11 of the re-amended statement of claim which provides the answer.

With regard to the first part of question no. 1 for the plaintiff William Flett namely when did he cease to be a member of the Board of Directors of MMF, I draw your attention to paragraph 11 of the re-amended statement of claim wlhich provides the answer.

Similarly, with regard to part of question no. 1 in the interrogatories for the plaintiffs Joyce Langan and Darryl Montgomery, namely when did they cease to be a member of the Board of Directors of MMF I draw your attention to paragraphs 15 and 19 of the re-amended statement of claim which provide the answers.

With respect to the remainder of the questions for the plaintiffs, they object to answering on the grounds that the questions are irrelevant and/or scandalous and/or vexatious.

Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
To suggest "..... the questions for the plaintiffs.....are irrevalent and/or scandalous and/or vexations" is beyond asinine. Shortly we will publish an example of one with the name of the litigant removed. You be the judge and jury.
During November of last year Darrel Deslauriers was removed as a Provincial Board of Director by David Chartrand. Rita Cullen, William Flett, Joyce Langan and Darryl Montgomery ceased to be Directors effective June 29, 2006 the date of the last MMF election. We do not know whether they chose not to run or were defeated. However, they remain Plaintiffs which raises the question who's paying their legal bills?
On September 4, 2007:
I acknowledge receipt of your email transmitted on September 4, 2007 requesting copies of expense claims and evidence of payments for each claim for the period March 27, 2003 to October 20, 2004.
The documentation you have requested is irrelevant to the matters raised in the pleadings. They will not be produced.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/lec
Our response - "Rubbish!" Alternatively stated, "Deja-vu all over again" ..... Yogi Berra. Mr. Trachtenberg has been uncooperative and obstructionist from the begining of this action.
Regarding our correspondence (below), Murray Trachtenberg clearly knew I would be unable to attend when he arbitrarily, unilaterally and without consultation scheduled his Motion Hearing for December 30, 2008. This is eerily similiar to a situation that occurred during late July of 2005 when Counselor Trachtenberg had a Motion in play while I was transitioning between lawyers.
Notice Mr. Trachtenberg's letter of January 7, 2009 makes no mention his Motion had subsequently been ruled by the Court to be Uncontested. As an unrepresented Co-Defendant I still do not comprehend the process by which that was allowed to happen. In effect, when I appeared before Senior Master Lee (January 13, 2009), it was fait accompli.
Little wonder His Honour looked at me with askance when I requested an opportunity to argue against the Motion. The January 13, 2009 Hearing was completely unnecessary especially given Mr. Trachtenberg was in full knowledge a Pre-Trial Conference had been scheduled for January 14, 2009 at which time the matter could have been resolved.
Only later did I become aware the Senior Master's Court Order was appealable but by then it was too late. Because the Motion had been deemed Uncontested by the time of the January 13, 2009, Hearing was held and while I tried to argue my position I finally agreed when reminded by His Hounour it was an Uncontested Motion.
When it was suggested by the Court I had refused to provide the material from my Affidavit of Documents Schedule "A," I vigorously and categorically denied the allegation challenging Counselor Trachtenberg to produce a letter from me which says such. He has yet to do so.
Shortly we will be filing a three count Abuse of Process complaint against Counselor Trachtenberg with the Law Society of Manitoba. The Society will advised of our intention to publish it in its entirety on this site as soon as the publication ban has been lifted on the Pre-Trial Conferences.
Sincerely,
Clare L. Pieuk
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EXHIBIT A
Posner & Trachtenberg
An Association of Independent Lawyers
710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Murray N. Trachtenberg, B.A., LL.B
Phone: 204-940-9602
Fax: 204-944-8878
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_____________________________________________
File No. 2003-20
January 7, 2009
Via Email/Mail
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
I enclose a copy of notice of motion which was returnable today at 9:30 a.m. before the Presiding Master. A copy of this was mailed to you on December 30, 2008.
I attended today before Master Cooper. As you were not in attendance I suggested that the matter be adjourned and rescheduled.
This motion is now rescheduled for Tuesday, January 13, 2009 at 9:30 a.m. before the Presiding Master. I will not agree to any further adjournment.
Yours truly,
MURRAY N. Trachtenberg
MTN/pb
Enc.
LEGAL NOTICE
This transmission may contain privileged or confidentail information. Any unathorized distribution, copying, disclosure or dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.
File No CI 05-01-41955
THE QUEEN'S BENCH WINNIPEG CENTRE
BETWEEN:
MANITOBA METIS FEDERATION INC., ANITA CAMPBELL, DAVID CHARTRAND, ELBERT CHARTRAND, RITA CULLEN, RICHARD DELARONDE, DARREL DESLAURIERS, JEAN DESROSIERS, WILLIAM FLETT, JOHN FLEURY, LAURA HYRICH, JULYDA LAGIMODIERE, JOYCE LANGAN, LEAH LAPLANTE, JUDY MAYER, BONNIE McINTYRE, ROSEMARIE McPHERSON, DARRYL MONTGOMERY, MARILEE NAULT, JACK PARK, CLAIRE RIDDLE, and DENISE THOMAS,
plaintiffs
No longer Plaintiffs
No longer MMF Board of Directors effective June 29, 2006
-and -
TERRY BELHUMEUR, CLARE L. PIEUK AND VANESSA EVERTON
defendants
No longer defendant
_____________________________________________________________
NOTICE OF MOTION
HEARING DATE: FRIDAY, JANUARY 9TH, 2009 AT 9:30 A.M. BEFORE THE PRESIDING MASTER
_____________________________________________________________
Posner & Trachtenberg
Barristers, Solicitors and and Notaries Public
Suite 710 - 491 Portage Avenue
Winnipeg, manitoba
R3B 2E4
Murray N. Trachtenberg
Phone No. (204) 940-9602
Fax No. (204) 944-8878
File No. 2003-20
NOTICE OF MOTION
TAKE NOTCE THAT the plaintiffs will make a motion before the Presiding Master on Friday, January 9, 2009 at 9:30 a.m. or as soon after that time as the motion can be heard at the Law Courts Building, 408 York Avenue, in the City of Winnipeg, in Manitoba.
THE MOTION IS FOR:
1. An order that the defendant Clare Pieuk, provide to counsel for the plaintiffs, copies of the following documents listed in Schedule "A" of the defendant Clare Pieuk's affidavit of documents sworn September 24, 2008
(a) Schedule "A" - 2003 Numbers 1-55 inclusive
(b) Schedule "A" - 2004 Numbers 1-128 inclusive
(c) Schedule "A" - 2005 Numbers 10 and 11
2. An order in the event the defendant Clare Pieuk fails to provide copies of those documents listed in Schedule "A" of his affidavit of documents and referred to in paragraph 1 above, by a date and time to be set by this Honourable Court, his statement of defence shall be struck out.
3. Costs in any event of the cause payable forthwith.
4. Such further and other relief as the nature of the case may require and this Honourable Court deem just.
The Grounds For The Motion Are:
1. Queen's Bench Rules 30.04(7) and 30.08;
2. Counsel for the plaintiffs has repeatedly reequested production of copies of certain documents from the defendant Clare Pieuk and has agreed to pay reasonable photocopying charges for them but defendant Clare Pieuk has failed and refused and continues to fail and refuse to produce copies or make any arrangements to allow for the photocopying of the documents.
3. Such further and other grounds as counsel may advise and this Honourable Court may allow.
The Following Documentary Evidence will be referred to at the hearing of this motion.
1. Affidavit of Oliver Boulette to be sworn;
2. (Three words deleted) Memorandum No. 2 dated October 30, 2008;
3. Such further and other documentary evidence as counsel may advise and this Honourable Court may allow.
Date: December 30th, 2008
Posner & Trachtenberg
Barristers, Solicitors and Notaries Public
Suite 710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Murray N. Trachtenberg
Telephone (204) 940-9602
Fax No. (204) 944-8878
Counsel for the plaintiffs
TO: Clare Pieuk
2-371 Des Meurons Street
Winnipeg, Manitoba R3H 2N6
AND TO: Terry Belhumeur
2020 Burrows Avenue
Winnipeg, Manitoba R2R 0Y8
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EXHIBIT B
Posner & Trachtenberg
An Association of Independent Lawyers
710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Canada
Murray N. Trachtenberg, B.A., LL.B.
Phone: 204-940-9602
Fax: 204-944-8878
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_____________________________________________
File No. 2003-20
January 15, 2009
Via Email/Mail
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
I have received the documents you provided me (three words deleted). None of the documents were numbered.
By cross referencing them to your Schedule "A," I note that I have not received copies of the following:
2003 - 4, and 12.
2004 - 1, 40, 41, 83, 84, 85, 108, 117, and 118.
Please provide me with copies of these documents in the immediate future.
As well, yesterday I provided you with two copies of the order of Senior Master Lee. Please review and sign both copies and return those to me for filing with the Court.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure, dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.
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EXHIBIT C
Posner & Trachtenberg
An Association of Independent Lawyers
710-491 Portage Avenue
Winnipeg, Manitoba, R3B 2E4
Canada
Murray N. Trachtenberg, B.A., LLB
Phone: 204-940-9602
Fax: 204-944-8878
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_____________________________________________
File No. 2003-20
January 19, 2009
Email/Mail
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
On Wednesday, January 14, 2009 I provided you with 2 copies of the order of Senior Master Lee at the (three words deleted). You requested time to review the order before signing.
You have had sufficient time to do that.
If I do not have the orders back from you on or before 5:00 p.m. Wednesday, January 21, 2009 I will submit them to Senior Master Lee on Thursday and ask that he dispense with your approval and issue the order.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure, dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and coutact us immediately.
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EXHIBIT D
Posner & Trachtenberg
An Association of Independent Lawyers
710-491 Portage Avenue
Winnipeg, Manitoba, R3B 2E4
Canada
Murray N. Trachtenberg, B.A. LL.B.
Phone: 204-940-9602
Fax: 204-944-8878
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_______________________________________________
File No: 2003-20
January 30, 2009
Via Email/Mail
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
I wrote to you on January 15, 2009 and advised you that the package of documents you delivered on January 13, 2009 was missing a number of documents listed in Schedule "A" to your affidavit of documents. I requested that you provide me with copies. You have not done so.
As you know, Master Lee ordered that you provide copies of the documents at the pre-trial conference on January 13, 2009. Master Lee's order became effective once it was pronounced. You are therefore now in breach of this order.
Please provide me with the missing copies immediately.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure, dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.
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EXHIBIT E
CI 05-01-41955
Clare Pieuk [pieuk@shaw.ca]
Sent: Mon 2/2/2009 9:01 AM
To: Murray Trachtenberg
_______________________________________
E-mail
February 2, 2009
Mr. Murray N. Trachtenberg
Posner & Trachtenberg
710 - 491 Portage Avenue
Winnipeg, Manitoba R3B 2E4
Dear Mr. Trachtenberg:
Re: Manitoba Metis Federation Inc. et al v.Terry Belhumeur et al
Queen's Bench File No. CI 05-01-41955
Your File No. 2003-20

Because of the increasing popularity of www.CyberSmokeBlog.blogspot.com, I am receiving a significantly greater volume of e-mail and only now have had a chance to read your correspondence dated January 15, 2009 regarding allegedly missing documents.

Pleased be advised your subsequent correspondence of January 30, 2009 contains several very serious errors the least of which is the documents package containing 185 e-mail comprising 187 pages was turned over to you prior to the start of the January 14, 2009 (three words deleted) not as you claim on January 13, 2009. You have mis-referenced the date of the third (three words deleted) a second time in your January 30, 2009 letter.

However, much more serious are the incorrect and misleading allegations you have made in your January 15, 2009 letter. I hereby order you to immediately cease and desist abusing the process of law in an attempt to harass, threaten, intimidate and bully an unrepresented Defendant.

Your behaviour in this matter is totally unacceptable, inappropriate, unwarranted and will not be tolerated. It is a breach of the Law Society of Manitoba's guidelines for professional conduct and ethics.

Your letters of January 15 and 30, 2009 will be raised before (two words deleted) at the next (three words deleted).

Govern yourself accordingly Counselor.

Yours truly,
CLARE L. PIEUK

copies
Irene Joyal (ijoyal@gov.mb.ca)
Terry Belhumeur (shotgun@mts.net)
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure or dissemination of this transmission or taking of any action in reliance of the contents of this transmission is strictly prohibited. If you receive this transmission in error or it is forwarded to you without the express authority of Clare L. Pieuk, please destroy this transmission and contact me immediately.
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EXHIBIT F
Posner & Trachtenberg
An Association of Independent Lawyers
710-491 Portage Avenue
Winnipeg, Manitoba, R3B 2E4
Canada
Murray N. Trachtenberg, B.A., LL.B.
Phone: 204-940-9602
Fax: 204-944-9978
Legal Assistant
Pat Bergen
Phone: 204-940-9603
_____________________________________________
File No: 2003-20
February 2, 2009
Via Email/Mail
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
I acknowledge receipt of your email dated February 2, 2009. You are correct that the package of documents you provided to me was delivered on January 14, 2009 not January 13 as I had previously stated.
Your response does not indicate any willingness to provide me with copies of the documents which I have told you I did not receive in the package previously given to me.
Even if you think you gave them to me before, Please bring copies of these documents with you to the (three words deleted) this week. I will pay your reasonable photocopying charges for these copies and if you advise me in advance of the (three words deleted) I will endeavour to have a cheque with me when we attend.
Yours truly,
MURRAY N. TRACHTENBERG
MNT/pb
LEGAL NOTICE
This transmission may contain privileged or confidential information. Any unauthorized distribution, copying, disclosure, dissemination of this transmission or taking of any action in reliance on the contents of this transmission is strictly prohibited. If you receive this transmission in error or if it is forwarded to you without the express authorization of Posner & Trachtenberg, please destroy this transmission and contact us immediately.
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EXHIBIT G
NOTE: A post verification and audit revealed of the 187 pages (185 e-mail) from my Affidavit of Documents Schedule "A" turned over to Counsel only 2 NOT 11 were missing as Mr. Trachtenberg has falsely alleged.

Get in shape at your computer - twittercize!

Online Calisthenics For Desk Jockeys
TRALEE PEARCE
Globe and Mail
February 27, 2009


Sure, the micro-blogging social media site Twitter is swamped with inane chatter and banal personal revelations. But it also may hold the key to getting fitter, if Twittercize (twitter.com/twittercize), a free service that posts hourly exercise ideas, continues to catch on.

The creator, Ron Doyle, is a Denver, Colorado stay-at-home dad whose fitness took a nose dive after he gave up a daily bike commute to his high-school teaching job last summer. After a few false starts last month, Mr. Doyle, 29, took his New Year's resolution to Twitter.

I was trying to think of creative ways to schedule myself," says Mr. Doyle, who had also led high-school yoga classes. "And I thought other folks might appreciate this too."

Mr. Doyle posts about 14 or 15 "micro-exercises" a day, from 7 a.m. to 10 p.m., Denver time. (International followers are lobbying for some time-shifting solution to being asked to exercise at 2 a.m.). Postings are less frequent during weekends.

A sample from yesterday afternoon:

Table flips: Forearms under a table or desk, palms up, press and hold for five. Repeat 10 times.

Twitter feet: Sit upright, keep toes on floor, flex calves and bounce your heels as fast as you can for one full minute.

Bakery trucks: Sitting, squeeze knees and contract/release glute muscles. Bounce in your seat. Haul those buns for 45 seconds.

Mr. Doyle bases many of the exercises on recent research, including some from Hamilton's McMaster University, about the health benefits of short bursts of exercise.

About 1,200 fitness fiends are logged into the hourly alerts at any given time, but many others visit Twitter throughout the day for ideas. He says there are now so many followers it's hard to find his original messages in the Twitter stream. "The stream has turned into a raging river."

Thursday, February 26, 2009

"Jury nullification" eh?



The Public Eye (Truth To Power - www.accesstoinfo.blogspot.com) has left a new comment on your post, "What was he thinking or was he!"

Clare,

You may find this interesting.
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Dear Public Eye:

Thank you for writing. We'd never heard of jury nullification but already are very interested. In the words of Mike Homes, "I like it - I like it a lot!" Jeez, 25 and 50 pounds of marijuana? Bloody Hell, Mr. Swift must have been operating a plantation!

Had to laugh. A few years ago one of our college students was stopped by an RCMP officer who apparently became quite angry when the young fellow corrected his misspelling of the word "marijuana" on the citation.

If you can believe this, years ago the National Basketball Association's franchise in Washington, D.C. was called the Bullets. In more recent times its been renamed the Wizard.

Sincerely,
Clare L. Pieuk
---------------------------------------------------------------------------
Jury Nullification At Work In Marijuana, Gun Cases
14 comments

February 11, 2008
J.D. Tuccille,
Civil Liberties Examiner

In Washington, D.C., a jury ignored a military veteran's obvious violation of the city's draconian gun laws, setting him free with only a slap on the wrist. In LaSalle County, Illinois, a medical marijuana user found with 25 pounds of the plant didn't even get the slap; jurors chatted with him after finding him not guilty. While we can't know for sure, in both cases jury nullification was likely at work as regular people serving an important role in courtrooms exercised their power to quash laws they found repugnant.

Corporal Melroy H. Cort, who lost his knees to an improvised bomb in Ramadi, Iraq, was en route to Walter Reed Hospital from his home in Columbus, Ohio, when his car got a flat. He and his wife, Samantha, pulled over for repairs, at which time Cort, who has a concealed carry permit at home, retrieved his 9mm pistol from his glove compartment and put it in his pocket.

Cort's gun was spotted by somebody who called police, and Cort rapidly gained an education in D.C.'s notoriously strict firearms laws. He was charged with carrying a pistol without a license, possession of an unregistered firearm and possession of ammunition. He spent the night behind bars for having the nerve to possess a weapon in a city that, while it has improved since its nadir in the 1990s, still has about
triple the national average rate of violent crime.

Despite its crime rate, D.C. has done its best to deny residents the right to legally defend themselves. This is the city that was taken to court for its restrictions -- and lost, resulting in the landmark case of
D.C. v. Heller, which reaffirmed that the Second Amendment protects the individual right to keep and bear arms. Depite that loss, city laws remain extremely restrictive, and Cort had clearly run afoul of local law.

But an amazing thing happened in court. According to the
Washington Post:

After being deadlocked twice, a D.C. Superior Court jury yesterday acquitted a Marine amputee on felony charges of gun possession stemming from an arrest while he was on the way to Walter Reed Army Medical Center. ...

Although acquitting him of the gun charges, the jury found Cort guilty of possessing ammunition, a misdemeanor. He was sentenced to time already spent in the D.C. jail.

It's hard to avoid the conclusion that the jury ultimately saw no benefit in applying the city's tight gun laws to a handicapped man who was just passing through. Maybe they even questioned the overall propriety of the laws. In the end, they rather clearly ignored the law to set Cort free with just a nominal slap on the wrist -- which he plans to appeal.

And that brings us to the case of
Loren J. Swift. Swift was arrested during a peaceful encounter at his home with a sizeable quantity of marijuana and plants -- reportedly 25 pounds and 50 pounds, respectively. He had been convicted once before for marijuana possession. A Navy veteran, Swift says he smokes marijuana to relieve pain and alleviate post-traumatic stress disorder, but Illinois does not yet have a medical marijuana law.

Twenty-five pounds of grass, plus plants, in a state where marijuana is strictly illegal. That doesn't sound good for Swift. Except
...

On Wednesday in La Salle County Circuit Court, several jurors shook hands with an emotional Loren J. Swift after finding him not guilty of a marijuana charge that would have sent him to prison. ...

In the courthouse lobby, after the verdict, two male jurors talked and laughed with Swift and his attorney, Randy Gordon; one of the jurors patted Swift on his back. However, one of these jurors refused to admit he was a juror when The Times approached him for comment about the verdict; the other juror didn't deny he was indeed a juror, but nevertheless refused to talk.

Not surprisingly, observers at Swift's trial openly speculated about jury nullification. Once again, it's hard to avoid the conclusion that jurors sympathized more with the defendant than with the law, so decided to ignore what the statute books say.

In doing so, in both cases, justice prevailed. So did liberty.

We don't know what was going through the jurors' heads in the Cort and Swift trials, or whether any jurors were even familiar with jury nullification. But it's not that difficult a concept to invent from scratch, if necessary.

Historically, as President John Adams put it, it has been the juror's "duty ... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court." Unfortunately, you won't come across that quote from Adams in many modern courtrooms. Government officials don't like being second-guessed by the hoi polloi, so the tradition of independent juries has been allowed to wither from neglect. Few jurors ever learn about the traditional power of juries.

But you don't need to know history to have an inkling that the rights of the individual sometimes violate the dictates of the law -- and then decide to come down in favor of individual rights. And individual rights are an endangered species in a nation increasingly hemmed in by laws and regulations that seem to render ever more of our daily activities either mandatory or forbidden. They need as much protection as they can get.

To preserve what's left of our liberty, jury nullification is a good and powerful tool for checking government power. But since it is frequently discouraged by judges and prosecutors jealous of their prerogatives, it's generally exercised on the sly -- often by jurors unaware that they're doing exactly what was originally intended. For that reason, we'll likely never know exactly when nullification is being exercised.

But we can celebrate it when we see it.

What was he thinking - or was he?

Good Day Readers:

Found this article on the excellent Blog Truth To Power (www.accesstoinfo.blogspot.com) hosted anonymously by a Canadian lawyer.

Sincerely,
Clare L. Pieuk
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Former United States District Court Judge Samuel Kent

Judge Pleads Guilty Before Start Of Sex-Crime Trial
Juan Lozano
THE ASSOCIATED PRESS
February 23, 2009

HOUSTON - A federal judge accused of gropping two female court employees as he tried to force himself on the women and have them perform sex acts pleaded guilty Monday to obstruction of justice in exchange for sex-related charges being dropped.

U.S. District Judge Samuel Kent, the first federal judge charged with a sex crime, retired Monday, avoiding possible impeachment by Congress.

Kent's guilty plea came as jury selection in his trial was to begin.

The jurist, who once shouted in court that he would bring "hordes of witnesses" in his defence, spoke barely above a whisper as he pleaded guilty to lying to a judicial committee investigating the sex-related charges."

Judge Kent believes this compromise settlement was in the best interests of all involved," his lawyer, Dick DeGuerin, said in a statement. "

A trial would have been embarrassing and difficult for all involved."

Kent, 59, had been facing six charges - five related to federal sex crimes and the obstruction charge, a felony that alone carries a maximum sentence of up to 20 years in prison and a fine of up to $250,000.

Kent had vigorously maintained his innocence. DeGuerin had said the judge's conduct with the two women was mutual and consensual.

If he had been convicted of the most serious federal sex crimes charges, Kent could have received a sentence of up to life in prison.

Kent, appointed by president George H.W. Bush, has been on the bench for nearly 19 years.

Federal judges are appointed for life and can only be forcibly removed through impeachment by Congress.

Prosecutors had said they would present evidence showing there was nothing consensual about what Kent did with the two women, Cathy McBroom, his former case manager, and the judge's former secretary.

The Associated Press does not normally name alleged victims of sexual abuse, but McBroom's lawyer and her family have used her name in publicly discussing the case.

Both women were in the courtroom as Kent entered his guilty plea.

Authorities first investigated Kent after McBroom filed a complaint against him in May 2007 and the Judicial Council of the 5th U.S. Circuit Court of Appeals began a probe.

McBroom accused Kent of harassing her over a four-year period, culminating in March 2007, when she said the judge pulled up her blouse and bra and tried to escalate contact until they were interrupted.

The judicial council suspended Kent in September 2007 for four months with pay but didn't detail the allegations against him. It also transferred him to Houston, 80 kilometres northwest of Galveston, where he had worked since being appointed in 1990.

A Justice Department investigation of McBroom's claims led to Kent's indictment in August on three federal sex charges.

Last month, prosecutors added two more sex charges and the obstruction charge, accusing Kent of trying to engage his former secretary in a sex act and then lying about it to the Judicial Council.

DeGuerin had said Kent and his secretary were involved in a longtime affair and he didn't reveal it to the judicial council because he was being a "gentleman."

The lawyer also told the presiding judge that Kent was taking medication for depression and anxiety as well as diabetes and was under the care of both a psychiatrist and a psychologist.

Good on you Associate Chief Justice Oliphant!

Mulroney Will Face 'Closest Possible Scrutiny,' Inquiry Chair Says

GREG MCARTHUR
Globe and Mail
February 25, 2009
Former Prime Minister Brian Mulroney lost a bid to narrow the scope of an upcoming public inquiry into his conduct yesterday after the inquiry chair ruled that his decision to accept cash payments shortly after leaving office should “bear the closest possible scrutiny.”
The chair, Associate Chief Justice Jeffrey Oliphant of Manitoba's Court of Queen's Bench, rejected arguments from Mr. Mulroney's legal team that he is forbidden from using the Criminal Code of Canada to determine whether Mr. Mulroney acted inappropriately when he took hundreds of thousands of dollars in cash from lobbyist Karlheinz Schreiber.
The ruling is the first public indication from Judge Oliphant about how far he is willing to probe when the inquiry begins in earnest on March 30.
The inquiry was called in late 2007 by Prime Minister Stephen Harper after revelations that not only had Mr. Mulroney accepted at least $225,000 in cash from Mr. Schreiber in 1993 and 1994, but that he waited six years to declare the income.
Mr. Schreiber was paid more than $20-million in secret commissions by German manufacturers for his efforts in negotiating federal government contracts during Mr. Mulroney's time in office. Mr. Mulroney and Mr. Schreiber have both testified that those commissions had nothing to do with the cash, but the men have offered different explanations about the purpose of the payments.
At a hearing about a month ago, Judge Oliphant asked all inquiry participants to make arguments about what standard he should use when assessing whether Mr. Mulroney's behaviour was “appropriate” – a question that the federal government has given the judge the task of answering.
Mr. Mulroney's lead lawyer, Guy Pratte, argued that the Public Inquiries Act, as well as numerous rulings, meant that Judge Oliphant could not consider laws such as the Income Tax Act, or Canada's anti-corruption legislation, because inquiries are barred from making findings of criminal or civil wrongdoing.
Judge Oliphant ruled yesterday that there is a distinction between making a finding of criminal wrongdoing and informing himself of what society considers to be appropriate, as reflected in criminal laws.
“I intend to determine, on an objective basis, whether Mr. Mulroney ... conformed with the highest standards of conduct,” the judge wrote.
“I believe that this standard is one that reflects the importance to Canadian democracy of the office of the prime minister, as well as the public trust reposed in the integrity, objectivity and impartiality of public office holders.”
The judge also pointed out that in 1988 Mr. Mulroney distributed a document to his cabinet titled Guidance For Ministers that warned them they had an obligation to go further than “simply to observe the law.”
Yesterday, Judge Oliphant ruled: “If the Prime Minister intended to hold ministers personally accountable to that level, then it follows that he himself would be accountable on the same basis.”
The former prime minister has not appeared at any of the inquiry's preliminary hearings.
Mr. Schreiber, meanwhile, dropped an outstanding lawsuit against Mr. Mulroney this week.
More than a year ago, the 74-year-old German-born businessman sued the former prime minister, alleging that Mr. Mulroney did no work in exchange for the cash.
Mr. Schreiber was due to be examined in Quebec this week as part of the civil proceedings.
In a letter to Mr. Mulroney's lawyers, a lawyer for Mr. Schreiber explained that rather than provide information in advance of the inquiry and help Mr. Mulroney prepare for what Mr. Schreiber might say come March, he was choosing to end the legal fight now.

Wednesday, February 25, 2009

Tawnshi/Meena Kawapimitin!

Clare,

This site (http://www.learnmichif.com/language) was not hard to find, in fact, it was too easy. Learn some Michif words and then you can quiz UN VYEU MECHIF to see how much knowledge he has of the language.
But again, regions, locales and family background play a big part in the language. Even I wouldn't spell some words the way Norm Fluery does. So a lot of it is in respect to your family background.

Standing On The Side
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Dear Standing:
Tawnshi!
Thank you for writing. What a great little site! It has four categories of words and short phrases built around greetings, family, weather and dining. So now when we post an article of interest to our many Metis readers it will be Tawnshi (Hello) and Meena Kawapimitin (See you soon). Gone forever is Tansi! We were about to give up using any Michif because it seemed so hard to get agreement on use of the proper term. How we doing UVM?
It appears the site is jointly sponsored by the Metis Nation of British Columbia and Canadian Heritage (federal government).

Meena Kawapimitin,

Clare L. Pieuk

Into the red we go!

Taxpayers Group Relaunches Federal Debt Clock
Paul Vieira, Financial Post
February 25, 2009
OTTAWA -- The Canadian Taxpayers Federation said Wednesday it was relaunching a federal debt clock now that the Conservative government is set to run up $85-billion in deficits over a five-year period.
Available at http://www.debtclock.ca/, it shows that the federal debt stands at roughly $458-billion, or $13,685 per Canadian taxpayer. The federation said the national debt is now growing at a rate of $34.88 per second.
"... Bad spending decisions today hurt the taxpayers of tomorrow because they are the ones left to pay off the large and growing federal debt," said Kevin Gaudet, the federation's federal director. "Saying yes to spending is easy. Saying no is difficult. Politicians need to make tough decisions now, for the sake of future taxpayers."
The debt clock was retired in 1997 once Ottawa was on track to record its first budget surplus in 28 years.
On a historical basis, however, the current federal debt stands at 28.6% of GDP – well below the nearly 70% mark the country hit in the mid-1990s. According to the latest budget, the debt-to-GDP ratio will hit a peak of 32.1% in 2010-11 and then drop below the 30% mark two years later.
The Conservative government engaged in deliberate deficit spending in an effort to combat the global financial crisis that is dragging the world economy into negative territory. Also, the move appeased political opponents after the Conservative government was nearly defeated following a fall economic statement that included no fiscal stimuli and questioned whether it would be needed.
The budget includes a two-year, $40-billion stimulus package that, when combined with contributions from the provinces and some municipalities, will come to 2% of GDP, or what the Group of 20 nations agreed upon in meetings late last year.

MySpace versus Facebook!





Why MySpace Eats Facebook's Lunch
ERIC AUCHARD
Reuters
February 24, 2009




LONDON — Social networking phenomenon Facebook has beaten out arch-rival and former market leader MySpace by most measures of popularity, except the one that pays the bills.
While Facebook has outpaced MySpace in bringing in members – it has 175 million active users at the latest count, compared with around 130 million for MySpace – it has struggled to make money from them. While MySpace is closing in on $1-billion (U.S.) in revenue, Facebook generated less than $300-million in sales last year, reports say.
Indeed, Facebook's efforts to drum up revenue have led to it repeatedly becoming the target of some of the biggest online privacy protests on the Web. Its most recent fight earlier this month followed Facebook's attempt to redefine its own rules and assert ownership over anything its members posted on the site. The company has since backed off and is rethinking its policies.
Why hasn't Facebook benefited from the vaunted “network effect” that makes such services more valuable the more its adds members and connections between them? After all, Facebook is spreading quickly in nearly 100 languages, while MySpace has focused on the United States and five other markets where Web advertising flourishes.
The answer may lie in the origins of the five year-old-site started by then Harvard University student Mark Zuckerberg.
Its appeal at the outset was that it was a place where users could share tidbits of their personal lives with selected friends and acquaintances. This blurred the distinction between a private space and a public one. MySpace is more explicitly a public place where friends hang out in the equivalent of a café or a club and the aim is often to meet new people. Most of all, MySpace is a place to share music with other fans.
Users tend to view Facebook as a private forum and resent commercial intrusions. The company's management has responded to these sensitivities by constructing a commercial model that would preserve the intimacy of the site without filling it up with crude banner advertising.
Facebook encourages advertising that seeks to trigger social interaction between members, in effect using networks of friends for viral marketing of messages. The snag is that rewiring how the site works to make such ads more effective has actually alienated users. Many regard attempts to make money by passing on their information in subtle ways as positively creepy.
While MySpace has been criticized for flooding its member pages with garish advertising, it has never had to rewrite its basic privacy ground rules as a result and is unapologetic for its strategy. The straight ahead commercialism of the site does not provoke mass protests.
MySpace international director Travis Katz says the site always sold advertising, meaning that its basic business model of demographic targeting has had to change little as it grew.
“Our goal and objective is not to be the site with the most users,” Mr. Katz told me recently.
“Our strategy is to be the site that makes all the money. We want to own the lion's share of the profits.”
Facebook founder Mr. Zuckerberg told a German newspaper in October that making money was not the company's primary focus and that it was happy to experiment with new ways of advertising over the next three years to discover what approaches will work for its audience.
To be fair, there is no evidence that Facebook has lost members as a result of these experiments. Worldwide, the site added 25 million users alone in January, up from 20 million new members in December.
But privacy eruptions will never end until Facebook clarifies the relationship between its advertising ambitions and safeguards for its users' personal information. Deepening trust would give it more freedom to target advertising to users and their friends.
Facebook finds itself working upstream to impose this business model in the toughest advertising market in modern memory further complicates its chances. Any other start-up might have run out of time.
So far, its venture and corporate investors have been patient, not wishing to disrupt a company many think as having the best chance to become the next Google in Silicon Valley. And yet, as membership surges and the costs of technology to support those audiences grows, Facebook is under growing pressure to prove that it is not another money-losing, dot-com fad.

Tuesday, February 24, 2009

Sarcasm is best left to the witness Justice Gans!

Judge's Sarcasm From The Bench Forces Costly Retrial

KIRK MAKIN
Globe and Mail
February 24, 2009
A 69-day criminal trial costing hundreds of thousands of dollars must be replayed because sarcastic interventions by Mr. Justice Arthur Gans of the Ontario Superior Court suggested that he had prejudged the case.
In a ruling Tuesday, the Ontario Court of Appeal scolded Judge Gans for improperly questioning witnesses, cutting them off and employing heavy-handed sarcasm to suggest that he found testimony from the defendant – David Stucky – to be “preposterous.”
Mr. Stucky faced several charges of making false or misleading representations in direct-mail promotions.
Coming at a time when renegade defence counsel have been harshly criticized for dragging out trials and wasting public money, the ruling highlighted the fact that judges, too, can be at fault.
“A reasonable observer present throughout the trial would conclude that the appearance of fairness of the trial was compromised by the trial judge's repeated interventions during the testimony of Mr. Stucky and key defence witnesses,” said Madam Justice Karen Weiler, writing on behalf of Madam Justice Eileen Gillese and Mr. Justice Robert Armstrong.
She said that Judge Gans conducted vigorous unwarranted cross-examinations and “made sarcastic comments, some of which suggested that he had prematurely judged the witnesses' credibility.”
Mr. Stucky – whose business involved selling foreign consumers an opportunity to participate in syndicates that purchased lottery tickets as a group – was ultimately acquitted. Judge Gans ruled that the false-representation law applies only to members of the Canadian public who are misled – not consumers abroad.
In one instance, Judge Gans dismissed a statement by Mr. Stucky as “malarky.” In another exchange, with a witness from the United States, Judge Gans said: “So you buy your fireworks and your AK-47s at the same store?”
“I hope not,” the witness replied.
“That's the American way, isn't it?” said Judge Gans.
The appeal judges concluded that Judge Gans's interjections “were part of an overall pattern of conduct that indicated that the trial judge, in effect, stepped down from the bench and improperly placed his authority on the side of the Crown.”
The fact that he made occasional acerbic comments about the prosecution did nothing to level the playing field, Judge Weiler said. “It is the accused who is in danger of losing his liberty or being sanctioned if found guilty at trial,” she wrote. “As we have already emphasized, prudence and judicial restraint must be greater where the accused takes the stand.”

A public service announcement from Metis Bare Facts!

www.metisbarefacts.blogspot.com

"A Living History of Metis Families"
Film Premieres February 24 – Free Admission
(Thunder Bay, Ontario) As part of Research and Innovation Week 2009, Lakehead University is hosting a film festival that’s open to the public. Three films will be shown: the premiere of Canada Research Chair Dr. Judy Iseke-Barnes’ film A Living History of Metis Families, as told by Dorothy Chartrand, The Lost Tomb of Jesus, and Bloodline.
In A Living History, Metis grandmother Dorothy Chartrand tells the story of her Metis families, and the political and social change that impacted Metis lives in the 1800s until today, tracking some of Dorothy’s 25 years of research in archives and HBC and church records that lead to understanding the history of her family, and the community of St. Albert, Alberta.
Filmmaker Judy Iseke-Barnes says, “This film is one piece of the puzzle in the history of women, specifically Metis women, in this country. We don’t often hear stories of how these women worked to create and sustain the community structures that were the basis of this country.”
According to Iseke-Barnes, the historical record is male dominated, and focussed on written records, as opposed to oral ones. “There is a bias embedded in the recording of history which gives more legitimacy to written records. Those often focus on men and men’s work. Oral history, by way of contrast, is a valid and under-valued window into the history of women, and the history of this nation.”Iseke-Barnes has two more films in production, and a third one in the planning stages. The first is tentatively entitled, Leadership as Service: Lives and Roles of Metis Grandmothers, and may be released as early as April 2009. The second is an animated collection of Metis/Cree stories from Tom McCallam, (White Standing Buffalo), and has a tentative release date of the fall of 2009. The films will be sent to film festivals, the Aboriginal People’s Television Network (APTN), and the Smithsonian Institute, which has requested copies of them.
Ultimately, the films will be available on DVD. More information is available at the accompanying website http://www.ourelderstories.com/.
A Living History of Metis Families, as told by Dorothy Chartrand, premieres Tuesday, February 24, at 7:00 p.m. in ATAC 2001. There is no charge for admission, and parking on campus is free.
Lakehead is a comprehensive university with a reputation for innovative programs and cutting-edge research. With a main campus located in Thunder Bay, Ontario and a campus in Orillia, Ontario, Lakehead has over 7,900 students and 2,250 faculty and staff, and is home to the west campus of the Northern Ontario School of Medicine. In 2006, Research Infosource Inc. named Lakehead University Canada's Research University of the Year in the undergraduate category.
For more information on Lakehead University, visit http://www.lakeheadu.ca/

Italics!

Metis Mama

Anonymous has left a new comment on your post, "Posted on Metis Bare Facts - www.metisbarefacts.blogspot.com!"
It's hard to read all italics, can you post it in regular text?
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Dear Anonymous:
Thank you for writing. Interesting comment - first time we've received one like it.
Since you asked nicely we've gone back to make the change. To explain. The convention we generally follow is to place comments we receive or articles quoted in italics to differentiate them from our words.
You forgot the most important point. What did you think of the report?
Sincerely,
Clare L. Pieuk

The Age of Aquarius!

Anonymous has left a new comment on your post, "Thank you for your concern!"

Mayhap the coming of the age of aquarius will coincide with the lifting of the publication ban and enlighten us all...
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Dear Anonymous:

Thank you for writing. Your e-mail gave us cause to do some research. "Mayhap" is an archaic term for "perhaps" or "maybe." As for the Age of Aquarius:

In astrology, the Age of Aquarius is one of the twelve astrological ages. According to astrologers, it is either the next age to come, or else it is the current age. Each astrological age is approximately 2,150 years long, on average, but there are various methods that can make ages much longer and shorter depending upon the technique used. Unlike sun-sign astrology where the first sign is Aries, followed by Taurus, Gemini, Cancer, Leo, Virgo, Libra, Scorpio, Sagittarius, Capricorn, Aquarius and Pisces whereupon the cycle returns to Aries and through the zodiacal signs again, the astrological ages proceed in the opposite direction or order. Therefore the age before the Age of Aquarius is the Age of Pisces. Following the Age of Aquarius will be the Age of Capricorn, then the Age of Sagittarius and so on.

http://en.wikipedia.org/wiki/Age_of_Aquarius

Regarding the publication ban, as soon as the current round of Pre-Trial Conferences has been completed we will require a ruling from the Court whether they can be reported retroactively.

Sincerely,
Clare L. Pieuk

Monday, February 23, 2009

Posted on Metis Bare Facts - www.metisbarefacts.blogspot.com!

NAHO Finds Release Of Metis-Specific Information A Step In The Right Definition

http://www.nationtalk.ca/modules/news/makepdf.php?storyid=18015

National Aboriginal Health Organization
MEDIA RELEASE
February 23, 2009
For Immediate Release

OTTAWA, ONTario — The National Aboriginal Health Organization (NAHO) commends Statistics Canada on the release of its article on Métis health and well-being today. The article, entitled An Overview of the Health of the Métis Population, summarizes findings from the 2006 Métis Supplement of the Aboriginal Peoples Survey.

“We have been saying for years that there is a clear gap in information about the health and wellbeing of Métis people,” said Dr. Paulette C. Tremblay, Chief Executive Officer of NAHO.

“The release of this Métis-specific information is an important step in the right direction towards closing that gap.”

The report analyzed Métis health and well-being by examining the social determinants of health – information such as demographic information, health behaviours and health care utilization.

Key findings outline many significant gaps in health between Métis and the total population, including the following:

- Métis tend to have high rates of chronic disease. Just over half (54 per cent) of Métis adults report having been diagnosed with a chronic condition.

- Twice as many Métis adults report asthma (14 per cent) and diabetes (seven per cent). For Canada, the rates are eight per cent and four per cent, respectively.

- The most common chronic condition reported for Métis youth was asthma, at rates almost double that of Canada’s total population – 20 per cent for Métis versus 11 per cent for Canada.

“Despite these gaps in health status, there are many positive signs of the increasing well-being of Métis, particularly among youth,” said Dr. Tremblay. “While we must address the significant gaps in health, we must not overlook the positive indicators that clearly demonstrate the resiliency of Métis.

This strength and resiliency is seen throughout the Statistics Canada report, particularly in the increasing health status of many Métis youth.”

Approximately one third of Métis people reported access to traditional medicines or wellness practices. Interestingly, Métis living in urban centres are more likely to report access to traditional healing practices.

Furthermore, almost 60 per cent of Métis adults rated their health status as very good or excellent.

And, according to the report, the Métis population in Canada is growing. In fact, the number of people
http://www.nationtalk.ca 2009/2/23 - 1 identifying as Métis increased 33 per cent in the five years since the last Aboriginal Peoples Survey in 2001. There are now 389,785 people in Canada who identify as Métis, making up 33 per cent of the Aboriginal population in Canada of 1,172,790.

Dr. Tremblay went on to say, “Sound policy, programs and services are built upon good health information. At NAHO, we will be using this new information about Métis health to inform our work.

We hope it will inform the work of provincial and federal health initiatives for Métis.”

Catherine Graham, Director of the Métis Centre of NAHO says, “This is a great day for Métis in Canada. As this and other information begins to make its way to leaders, researchers and community members, we will hopefully begin to see programs and services developed in accordance with Métis needs and priorities.”

NAHO is proud to have played a role in the development of the report. A NAHO Métis Centre Research Officer, Joyce Seto, was one of the authors.

The National Aboriginal Health Organization is an Aboriginal-designed and -controlled body that works to influence and advance the health and well-being of Aboriginal Peoples through knowledge-based strategies.

For media inquiries, contact:
Colleen Patterson, Communications Officer
Telephone: (613) 237-9462 ext. 559
Toll Free: 1-877-602-4445 ext. 559
Cellular: (613) 863-9001

For more information, visit: www.naho.cahttp://www.nationtalk.ca

You've Lost All My Money, You &^%$
Across the country, financial advisers are getting an earful from angry and fearful clients who have seen their portfolios crumble. It's getting personal, Carly Weeks reports.

CARLY WEEKS
Monday's Globe and Mail
February 23, 2009
Some people do yoga as a stress release. Others go for a long, reflective walk. Judith Cane plays the banjo.
As a financial adviser dealing with tumbling portfolios and panicky clients during the worst economic downturn in generations, she's been giving it a workout lately.
"I am playing my banjo really loudly and really hard," said Ms. Cane, president of Antara Financial Group in Ottawa. "It is really stressful."
It seems nearly impossible to have a conversation with friends or co-workers lately that doesn't revolve around the economy, musings over when the recession will end, or the pros and cons of an RRSP versus the new tax-free savings account.
But the polite veneer of water-cooler chit-chat quickly washes away when your investment adviser tells you your account has plummeted 30 per cent in the past year. Canadians who are suddenly worried about whether they can afford to retire or pay for their child's education have no qualms about telling their investment manager what's really on their minds, unloading their fears, frustrations - and even hostility - on their adviser's lap.
It's creating major stress across the industry, according to a Toronto-based adviser whose clients have resorted to angry calls and insults, while colleagues have been personally blamed for their clients' losses.
"Sometimes you don't realize how stressed you are until you can't find the right Tupperware lid and have a meltdown," said Ms. Cane, who is also on the board of Advocis, the Financial Advisors Association of Canada.
Yet she describes herself as one of the lucky ones.
"I sometimes go home and say to my husband, 'I can't believe people aren't yelling at me,' " she said. "Nobody knows what to do in this situation. Our generation has never seen it before."
The looming RRSP contribution deadline is a telling sign of the times. February is normally the busiest month for financial advisers and planners, with Canadians calling to top up their savings. This year, their phones are still ringing off the hook - but instead of calling to invest money, many clients are calling to complain.
"Honestly, I think there will be a lot of advisers who aren't in the business any more by the end of the year," Ms. Cane said.
The animosity is exacerbated by the general backlash against the financial industry as clients seek an outlet for the rage fuelled by images of Wall Street executives who engineered the subprime mortgage crisis and allegations of massive fraud orchestrated by men such as Bernie Madoff and Allen Stanford.
"I would say at this point there's a sense of disillusionment," said Alan Kotai, financial adviser and portfolio manager at Rogers Group Financial in Vancouver. "I have a sense that there is an anger."
That means even those advisers who have tried to use conservative investing strategies are facing iciness from clients, even as their own savings and income start to dwindle.
"Not only are our clients' portfolios down, but our own portfolios are down, too," Ms. Cane said.
She took a full two weeks off at Christmas to get away from the anxiety that is consuming her industry, she said. Then, she took a week and a half off in January and headed to California.
"I just sat by the pool for four days because I was totally stressed out," she said. "My back was spasming. You go to the chiropractor and they say, 'Gee, are you under a lot of stress?' "
She said many of her colleagues are taking up yoga. Other advisers say regular exercise has become an extremely valuable tool helping them to keep their cool.
"I get up and walk faithfully with my dog because the dog doesn't care, right? He's just so glad to get out in the morning," said Marie Richardson, owner of Richardson Financial Consulting at Peak Securities Inc. in Kingston.
But there may be a silver lining in sight.
Before the economic turmoil began, many Canadians weren't used to seeing sustained drops in their stock portfolios and may have taken more risks with their investments as a result of an extended period of financial growth.
From now on, Ms. Cane hopes, "People will know what kind of risk they're willing to take."