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Claire Riddle
Will Goodon
"The Hacker!
Good Day Folks:
Good Day Folks:
Manitoba Lawyer Paul Walsh
The Law Society of Manitoba Discipline Case Digest
Case 07-02
Member: Paul Victor Walsh, Q.C.
Jurisdiction: Winnipeg, Manitoba
Called to the Bar: June 26, 1968
Particulars of Charges: Professional Misconduct (3 counts)
- Breach of Chapter 16, Commentary 3 of the Code (breach of obligation to treat other lawyers with courtesy and good faith) [x2]
- Breach of Chapter 1 of the Code (failure to act with integrity when dealing with an unrepresented party opposite) and
Breach of Chapter 16 of the Code (failure to act with courtesy and good faith)
Date of Hearing: March 20, 2007
Panel:
- Joel A. Weinstein, Q.C. (Chair)
- John E. Neufeld, Q.C.
- Lori Ferguson Sain
Disposition:
- 3 month Suspension (concurrent with 6 month suspension that commenced on January 1, 2007)
- Fine of $10,000.00
- Costs of $4,500.00
Counsel:
- Darcia A.C. Senft for The Law Society of Manitoba
- J. Richard Wolson, Q.C. for the Member
_____________________________________________
Breach of Undertaking
_____________________________________________
Facts
Mr. Walsh was retained by his client with respect to a default on a commercial lease. Mr. Walsh’s client was the landlord of commercial premises operating as a restaurant. The tenant had defaulted on the lease and had abandoned the premises. When Mr. Walsh pursued the restaurant on behalf of his client, he was advised that the lease had been assigned to another corporation and was referred to their in-house counsel. Mr. Walsh wrote to the restaurant’s representative and their counsel regarding the commercial lease matter. Various letters were exchanged between the parties in relation to attempts to sell the commercial property to a third party. While the negotiations on the deal were progressing, Mr. Walsh filed a Statement of Claim on behalf of his client against the tenant and the defendant assignee corporation with respect to the said commercial lease matter.
Shortly thereafter, Mr. Walsh received correspondence from the president of a related company regarding a proposed purchase of the commercial property. In the letter, Mr. Walsh was instructed to contact the company’s counsel who was the same in-house counsel that Mr. Walsh had written to previously. That counsel subsequently advised Mr. Walsh that efforts were being made to sell the property to a third party purchaser and thereby settle the commercial lease matter. Mr. Walsh was asked to provide two weeks notice of his intention to proceed with the law suit and the obligation to file a Statement of Defence. Mr. Walsh wrote back and advised that he was not proceeding with the Statement of Claim that had been filed. As requested, he undertook to provide two weeks notice of his intention to proceed with the said claim.
Approximately one month later, the other lawyer wrote to Mr. Walsh to advise that attempts to sell the property had failed. Mr. Walsh filed a second Statement of Claim of behalf of his client against the related company with respect to the same commercial lease matter. He effected service of both claims upon the defendant corporations without providing notice to or advising the other lawyer. Mr. Walsh obtained a Notice of Default in respect of the first claim and attempted to obtain default judgment with respect to the second claim without first advising or warning the other lawyer of his intentions and without making an enquiry regarding the filing of a Statement of Defence.
Subsequently, Mr. Walsh received a telephone call from a director of a defendant corporation, which defendant, at that time, was an unrepresented party opposite. During the said telephone conversation with the director, Mr. Walsh discussed whether or not the defendant corporation was the appropriate defendant in the first claim. He did not advise the director that default had been noted already against the defendant corporation in respect of the first claim. Mr. Walsh then wrote to the director and advised, inter alia, that a Statement of Claim had been filed and served upon the defendant corporation. However, in his letter, Mr. Walsh did not advise the director that default had been noted already against the defendant corporation in respect of the first claim for failing to file a Statement of Defence.
The director responded to Mr. Walsh by letter and requested that the defendant corporation be released from the action. Following his receipt of the said letter, Mr. Walsh did not inform the director that default had been noted already against the defendant corporation.
Plea
Mr. Walsh entered a plea of guilty to the charges.
Decision and Comments
The panel found Mr. Walsh guilty of professional misconduct based on his admissions to the charges.
Penalty
Noting that the conduct predated the conduct for which Mr. Walsh recently began serving a period of suspension, the panel accepted a joint recommendation made by the Society and counsel for Mr. Walsh and ordered that:
(a) Mr. Walsh be suspended for a period of 3 months, which suspension will be served concurrently with a 6 month suspension that commenced on January 1, 2007;
(b) Mr. Walsh pay a fine in the amount of $10,000.00; and
(c) Mr. Walsh pay costs to the Society in the amount of $4,500.00 as a contribution towards the costs associated with the investigation, prosecution and hearing of the matter.
"Ouch! Ouch! stop Mr. President you're hurting us!"
We'll send Ms Eagan a copy of our posting to show how much we enjoyed today's column.Clare L. Pieuk
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WEED WHACKER: The President said in his town hall meeting on Thursday that legalizing marijuana would't be a 'good strategy.'
Yes We Cannabis? Joint Resolution: Taxing Pot just makes cents
By Margery Eagan, Boston Herald Columnst
Sunday, Marc
h 29, 2009
It’s time to legalize marijuana, tax it to death, then let struggling Joe Citizen - instead of Joe Dope Dealer - reap the pot profits.
The most popular question at President Obama’s town hall meeting Thursday? Whether legalizing marijuana would help the economy and create jobs. You know: Pottery Barn goes Pottery Bong.
Now the pot posse may have stacked the e-mail deck. Still Obama, who once wanted to decriminalize pot, laughed off the inquiries. “I don’t know what this says about the online audience,” he quipped, then did his post-election about-face. “No, I don’t think this would be a good strategy.”
Actually, it would be a very good strategy. He’s wrong. Enough already with these ancient mariner moralizers like ex-drug czar Bill Bennett, who preached reefer madness while gambling millions in Vegas and smoking two packs a day. A different generation’s in charge now. Millions of Americans understand that you can get stoned in high school, in college, every post-collegiate Saturday night, yet remain a responsible, upstanding, taxpayer. They know because they’ve done it.
Ignoring hysterical politicians and law enforcement types around here, Massachusetts voted nearly two to one in November to decriminalize small amounts of marijuana. Has your neighborhood gone to pot? If we took the next step - legalize and tax it - we might not need toll hikes or 19-cent gas tax hikes and they’d surely be hiring at “Roach Brothers,” or “Best Buds,” or maybe even, I can’t resist, “Restoration Weed-Wear.”
If we legalized nationwide, we’d save billions immediately in enforcement and jailing costs. We’d reap many billions more per year in taxes. When Harvard economist Jeffrey Miron published his legalize-pot tax estimates in 2005, more than 500 professional economists, including Milton Friedman, signed on.
Miron was on CNN this week discussing the horrific drug war on the Mexico/U.S. border. He’s long argued that violence is the inevitable norm in illegal, not legal, markets, whether in drugs, gambling, prostitution, or alcohol. We just never learn.
But legalizing pot isn’t only about money. It’s about our ridiculous citizen passivity. Why do we let congressional liars and thieves dictate what we can do, responsibly, in our living rooms? Who are they to take away our children’s student loans over a joint?
NORML (The National Organization for the Reform of Marijuana Laws) typically gets about $900 a day in online donations. Thursday and Friday, they got $3,500 each day.
“By every possible metric I can employ,” said NORML’s executive director, Allen St. Pierre, “these last 24 hours have been the busiest I’ve seen.”
Though St. Pierre was disappointed with Obama’s flip-flop Thursday, he also knows the president could be his best advertisement. You may not like Obama’s politics, but nobody would argue that pot-smoking and cocaine-snorting scrambled Obama’s brain.
Herald Pulse
Should marijuana be legalized and taxed?
Yes
No
Not sure
"You ain't seen nothin' yet Folks!"
Shortly we'll begin the first in our series, "The Hacker!" which will take readers behind the scenes for a firsthand look deep into an ongoing investigation of a Canadian Blog compromised by an American source. We've already contacted the Royal Canadian Mounted Police's Computer Crimes Unit (Winnipeg) requesting information about the law and penalties here. Should be truly fascinating! 


Truth To Power The Public Eye has left a new commeon on your post, "Why not help us write your great Canadian novel!"
"Free speech doesn't mean careless talk" - sort of a nice, unofficial motto for the MMF, wouldn't you say?
Blog: Truth to Power
Post: The Federation of Malaysia
http://accesstoinfo.blogspot.com/2009/03/federation-of-malaysia.html
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The Federation of Malaysia

Malaysia: End Ban on Opposition Papers
Two Newspapers Shut Down Ahead of Elections As originally posted on: Human Rights Watch March 25, 2009
(New York) - Malaysia's Home Ministry should immediately rescind its order suspending publication of two opposition party newspapers, Human Rights Watch said today. Human Rights Watch also called for repeal of the 1984 Printing Presses and Publications Act.
On March 23, the Home Ministry notified the opposition party Parti Keadilan Rakyat (PKR) and its coalition partner Parti Islam Se-Malaysia (PAS) that they were prohibited from publishing their respective party newspapers, Suara Keadilan and Harakah, for three months. With three key by-elections scheduled for April 7, 2009, the ban will harm the parties' ability to inform and rally voters. Both parties plan to go ahead with distribution of this week's publications, which are already in print.
No official reason accompanied the ministry's action, although in later reports Home Ministry officials said the papers were banned for publishing reports that contravened the ministry's guidelines and permit conditions. Home Minister Datuk Sri Syed Hamid Albar said that the newspapers "were still publishing untrue stories after they were given warnings." He also said that the stories aimed to "instill hatred for the government and leaders."
"The government may argue it is banning party papers over concern for citizens' welfare, but this is unfair political warfare in disguise," said Elaine Pearson, deputy Asia director at Human Rights Watch. "Malaysia's citizens deserve better from their elected leaders."
Despite constitutional guarantees to freedom of expression, the draconian Printing Presses and Publications Act effectively silences criticism of the Malaysian government by requiring newspapers to renew publishing licenses annually. According to the law, the minister's discretion to grant, revoke, or suspend licenses is "absolute" and not subject to judicial review.
Suara Keadilan has faced government interference since it received its first printing permit less than a year ago, eight years after its initial application. In September 2008, the Home Ministry instructed PKR to "show cause" why its publication license should not be suspended after it reported incorrectly that Inspector-General of Police Tan Sri Musa Hassan became paralyzed after heart surgery. In February 2009, the government attempted to limit circulation by confiscating thousands of copies from distributors and warning them against selling the newspaper. It is unclear if Suara Keadilan circulation is limited to PKR party members.
On February 11, the authorities seized copies of Harakah, in print for 22 years without suspension. On February 26, PAS received a letter from the Home Ministry that it was in violation of its permit in part because Harakah reported on non-party matters.
A third member of the opposition coalition, Parti Tindakan Demokratik (DAP), has been trying unsuccessfully to renew the license of Rocket, the party paper, since December 2008."
Much of Malaysia's mainstream media, with ties to Malaysia's ruling coalition, rarely run into trouble," said Pearson. "But online journals and other ‘new media' that are critical of the government are easy targets for censorship."
Human Rights Watch also expressed concern with the refusal of the United Malays National Organisation (UMNO), the dominant party in the ruling coalition, to grant six members of the "new media," including Malaysiakini and the Malaysian Insider, access to its annual meeting on March 24-28, 2009.
An UMNO official cited their "unfriendly" reporting as the reason. The meeting is of particular importance this year as UMNO will be choosing a new leader. With the current leader, Prime Minister Abdullah Badawi, stepping down, the new UMNO leader will fulfill his unexpired term, which has another four years to run.
On September 12, 2008, in still another attack on a free press, police arrested Raja Petra Kamarudin, founder and editor of Malaysia Today, under the Internal Security Act, which allows for indefinite preventive detention without charge or trial.
http://www.hrw.org/en/news/2008/09/12/malaysia-free-journalists-and-parliamentarian
He was accused of demeaning Islam. Although released on technical grounds, the government is appealing the decision. In a separate case, Raja Petra is on trial for sedition on the politically motivated charge of defaming a government leader.
"The Malaysian government needs to allow all voices to be heard," said Pearson. "Freedom of speech is a touchstone of a true democracy."
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Both Raffaele Sollecito (left) and Amanda Knox deny charges of murder and sexual assault
From Hada MessiaCNN Rome Bureau
Good Day Readers:
Jurors Risk Post-Trial Trauma, Study Finds
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Obama Live: White House Hosts Online Town Hall
Posted: March 26, 2009, 11:03 AM by Shane Dingman
U.S. Politics
In an unusual experiment, U.S. President Barack Obama is about to throw open the doors to the Oval Office in a video conference with the citizens of the United States of America (and anyone else with web access).
On Thursday, from 11:30 a.m. EST to 12:52 p.m., Mr. Obama answered a series of questions the White House solicited from the public in an online town hall. The event is now over.
We kept a rough text transcript of the highlights (in case you couldn't, or didn't feel like, watching the video yourself):
11:39 a.m.: Obama takes the stage. He is in a room at the White House that is filled with people, so at least he's not sitting in a small web studio. Says he's just doing what he said he'd do in the campaign: Opening up the White House to the American people.
11:44 a.m.: He's still delivering parts of his new stump budget speech, education, health care, energy all must be addressed now, rather than later.
11:46 a.m.: First question comes from the online side, from Boston: How do you plan to fix education? A softball. Reform a system designed for a 19th century agricultural economy. Early childhood education, reward merit,
11:50 a.m.: Second question on mortgages: Obama says we're fixing the mortgage rates, keeping people in homes. 40% of people watching this now, could refinance their mortgage to take advantage of the new low rates.
11:55 a.m.: Job losses: It's bad, says Obama, as bad as the 1930s. “We’re going to have to be patient and persistent about job creation because I don’t think that we’ve lost all the jobs that we’re going to lose in this recession,” he said.
12:05 a.m.: How much will healthcare cost? Obama repeats his oft-stated line that the investments made in the budget will grow to cover the new costs of things like healthcare:
"I actually want a universal healthcare system, that's what we're trying to do."
"Canada is the classic example, everybody pays a lot of taxes into the healthcare system, but everybody can get covered [emphasis ours] ... what we have here in America is a legacy set of systems" that are not easy to absorb into that single-payer model.
Doesn't think they should scrap the employer-pay model that we have, but maybe to modify and make better that system over time.
12:09 a.m.: Acknowledges that the legalized marijuana question (Will that grow the economy?).
Reuters caught this one:
Activists for legalizing marijuana managed to flood the financial stability category with queries such as: “Has the administration given any thought to legalizing marijuana, as a cash crop to fuel the economy?”
"I don't know what that says about the online audience," Obama joked. "The answer is no, I don't think that's a good strategy to grow our economy."
12:11 a.m.: How are you improving conditions for reintegrating Iraq war veterans into the general society?
Starts a yarn about WWII and the sacrifices of earlier veterans, and segues into Iraq and Afghanistan vets, they have earned these benefits. In his budget, increasing VA funding more than anyone in the last 30 years. Example? "Homeless rate for veterans is multiple times higher for non-vets, that's inexcusable."
12:14 p.m.: Kent State Univeristy students in a cutesy video, hey man what about higher education?
Obama talks about giving student loans directly to students, instead of letting banks and other middlemen make cash off the administration of same.
Manages to segue that into the debate about the recession, don't shortchange investments in the future for deficit belt-tightening today. Says it's like telling your kids not to go to school, but to go to work (almost referred to Mickey D's, but caught himself) in fast food now to bring some money into the house. Not a good plan.
12:22 p.m.: Takes the first question from the audience with him, stopping the 'online' portion of the questions. Auto companies: Will they get bailed out, how do you respond to the health of the auto industry. (NEWS CONTENT AHEAD) Obama previews that he will be doing some announcements in the next few days on specific fixes for the U.S. auto industry, but says he won't give away all the scoops today.
12:28 p.m.: Procurement process for small business going after federal government contracts, how will you fix it?
Obama explains that the massive size of the government, it favours massive $20-billion general contracts that cover lots of different services needed. "We're looking at it ... we're not going to be able to do that on everything" but more competition is needed.
12:30 p.m.: Some love for nurses from Obama, and they are necessary to help improve health outcomes.
12:34 p.m.: Small business tax breaks?
Obama's on it, budget eliminates capital gains tax (starting to pay dividends five years from now).
12:37 p.m.: High school teacher: How about definitions of charter schools and definitions of effective teachers (as mentioned in the budget), and will you get the teachers to help you develop those reforms?
Obama: Yes, of course. "If we don't have teacher buy in, if they aren't enthusiastic then [our reforms] aren't going anywhere."Charter schools: They are public schools that are not affiliated with the local education board, but they still get public money and curriculum. "Laboratories of education."
Critiques "No Child Left Behind" for the focus on a single all-important test.
Gets a good laugh for asking the teacher "you know teachers that you wouldn't put your child in, right?" Much laughter. "She's takin' the fifth."
12:45 p.m.: Last question — Healthcare, in principle and if not in practice is right? Pre-existing conditions and preventative care? Are these a symptom and what is the problem? (Kind of incoherent).
Obama has anecdote for this, his mother died of ovarian cancer after almost losing her insurance because it was a "pre-existing condition". Pushes his principle goals: Everyone getting insurance, in some way (public, private, whatever).
12:50 p.m.: "We're out of time, thanks for paying attention and we need you guys to pay attention in the months and years to come." Then he bolts out of there, before he's mobbed for autographs and pictures "My schedule is really tight, I love ya, but I've gotta get outta here."
And its over. 12:52 p.m.
Mr. Obama explained the idea behind the virtual town hall in the video embedded below.