Sunday, July 31, 2016

"The budget will balance itself" ..... Justin Trudeau February 11, 2014

Do you believe in the tooth fairy?

Rocco ("Don't call me Rocky!") "The Hammer" Galati poised to kick federal government in the nuts yet again!

Good Day Readers:

If you'd like to contact "The Hammer!" to show your support for his latest challenge to the legal establishment and his Constitutional Law Centre he can be reached at He should win this case when it goes to trial giving the Liberal sunny ways government another good kick in the nuts slats.

Clare L Pieuk
British Columbia property law vulnerable to challenge, says prominent lawyer

By Peter O'Neil
Friday, July 29, 2016
Rocco Galati an expert on constitutional and tax law, plans to challenge British Columbia's new tax on foreign home buyers. (Trevor Hagan/The Canadian Press)

OTTAWA — A prominent lawyer on constitutional and tax law is planning to challenge B.C.’s new tax on foreign homebuyers.

“There’s a huge problem with this legislation,” Toronto lawyer Rocco Galati said Thursday. “It’s clearly offensive on its face.”

Galati, a former tax specialist in the federal Department of Justice, has developed a public profile on cases such as the successful challenge of the former Conservative government’s appointment of Marc Nadon to the Supreme Court of Canada.

Galati expects to be supplied clients for a test case by Vancouver immigration lawyer Larry Wong, who on Thursday said B.C.’s 15-per-cent foreign buyers’ tax comes from the same mindset that has fuelled Donald Trump’s drive for the presidency.

“The new normal is the Donald Trump new normal of taking action according to one’s feelings — ‘Oh, these foreigners, their money is not clean,’ based on their feeling that, ‘How could one make so much money or pay for such overvalued real estate?’” Wong said.

“I think the tax shows disrespect. Foreign buyers who buy Vancouver properties are not criminals.”

Galati said the law is a violation of section 15 of the Charter of Rights and Freedoms, which prohibits discrimination on the basis of, among other things, national origin.

In most instances, Canadian jurisprudence supports the requirement that foreign nationals be treated the same as Canadian citizens and permanent residents when they are in Canada, he said.

The B.C. government would have to justify the new law under section one of the charter, which says equality rights can only be subjected to “reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society,” according to the Toronto lawyer.

Galati questioned whether the B.C. government could do this, arguing that he’s never seen clear evidence proving that foreign sales are the reason for Metro Vancouver’s housing affordability crisis.

A second and more substantive concern is that the surtax, by being directed at a group of people rather than at property, is by definition, an “indirect” tax.

He said the Constitution Act of 1867 limits provinces only to direct taxation such as income taxes imposed universally.

“A province can impose a tax on beer, but it can’t say, ‘If you’re Chinese it’s 10 per cent, but if you’re white it’s zero,’” he said.

Galati also believes the bill could be challenged under the North American Free Trade Agreement, which requires signatories to treat U.S. and American investors from those countries the same way as Canadian investors.

And if the Trans-Pacific Partnership agreement is ratified, investors from signatory countries, like Australia and Japan, would also have the right to challenge the law and seek compensation.

The B.C. finance ministry, asked Thursday whether the government obtained legal assurance that the law wasn’t vulnerable to a legal challenge, did not immediately respond.

Galati has earned a reputation for being a tenacious adversary when a government does something he thinks is objectionable on legal grounds.

His challenge of Stephen Harper’s appointment of Nadon to Canada’s highest court was based on the argument that Nadon, named to fill one of the three spots reserved for Quebecers, did not qualify under the Supreme Court Act because he was a Federal Court of Appeal judge.

The Conservative government referred the case directly to the Supreme Court of Canada, which ruled in 2014 that Nadon didn’t qualify because he wasn’t a current member of a Quebec superior court or was acting as a lawyer with current standing as a member of the Quebec bar.

Legal scholars described the decision as a “stunning” setback for the Harper government.

Saturday, July 30, 2016

Friday, July 29, 2016

``Take it off! Take it off! Take it off!`` ..... Oh Jezus, leave it on!``

Maribynog Council demands small business remove `ofensive` Hillary Clinton mural
By Brode Carmody
Friday, July 29, 2016

Maribyrnong Council has asked a small business in Footscray to take down an "offensive" mural by a renowned Australian street artist featuring US presidential nominee Hillary Clinton in a swimsuit.
The request comes after the street artist, who goes by the name Lushsux, had his Instagram account deleted after he posted a photo of the mural in question.
The artwork depicts presidential nominee Hillary Clinton in a skimpy one-piece swimsuit featuring the colours of the American flag.
Tucked into the bikini is a wad of hundred dollar bills.
The mural is located on the wall of a small business opposite Tottenham train station called Mr Mobility, which sells wheelchairs and electric scooters.
Mr Mobility's owner is currently overseas, but a friend who is minding the business while he is away – who gave her name as Mich – said someone from Maribyrnong Council came into the store this morning and said the Hillary Clinton mural had to go.

"I'm not offended by it and I'm a woman," she said.

"I think it's a beautiful picture. She's got a full bather on and the private parts are covered."

The council worker said if the mural wasn't removed, then council would do it themselves and the small business would have to foot the bill.

Mich says any cost associated with the mural's removal, or any fine that might eventuate from not taking it down, would be a blow to the small business's finances.

"We couldn't afford to pay it," she said.

"It's just ridiculous. I was a bit angry they could come and do that when we've given permission and don't find it offensive. I told him to go waste his time looking at pictures elsewhere and compare it, because to me it's no worse than others around. You see more on TV, more around town."

Mich says councils should be supporting small businesses and local artists, instead of trying to clamp down on things a few people in the community find distasteful.

"This artist is world acclaimed," she said.

"He's a top Australian graffiti artist, he's worked with Banksy, he's been all around the world. They should be proud they've got someone with such talent."

The street artist who made the Hillary Clinton mural, who goes by the name Lushsux, told Fairfax Media this is a "clear case of an out of control council".

"They seem hell bent on trying to screw over people," he said.

" [First] the parking fines mess, then telling people what they can't display on their own property. What's next?

"The mural is about on par offence-wise with a Lynx deodorant ad."

Stephen Wall, chief executive of Maribyrnong Council, confirmed council had asked the business to take down the mural.

He said council had received "a number" of complaints from residents.

"We believe it is offensive because of the depiction of a near naked woman, not on the basis of disrespect to Hillary Clinton, in accordance with the Graffiti Prevention Act 2007," he said.

"We have asked Footscray VicPol to urgently provide us their opinion on its offensiveness and we intend to issue a Notice to Remove. This will require the owner of the property to remove the mural within 10 days. We have spoken to the owner of the property who has the right to appeal the notice."

``God is this ever boring Hillary! How many times have I seen your thing and twin sisters? Once we`re in the White House and running the country while I`m sleeping on the couch downstairs because of my many White House dalliances ..... we need to focus more on that rotten Trump!``

"Jezus, is this s..t ever boring - shut the f... up Hillary so I can get some sleep!" ..... long crooked fingered sleazy Bill! ..... Donald Trump: "The Clinton's are rotten!"

Thursday, July 28, 2016

Order now and you will receive another pair absolutely free! Show your friends what a good Liberal you are! Only $9.95 ..... includes PST, GST and any other tax the greedy Liberals might throw at you!

Headline: Sex allegations led to Tootoo's ouster from Liberal caucus!

Too much Tootoo. Bye, bye for you!

In this one of the hottest summers on record what does the Wynne government do while everyone is running around with parched throats holding their things .....

Wednesday, July 27, 2016

CyberSmokeBlog's line of the day: Carolyn Parish to ....ed off Mississauga Ward 5 constituent: "I am not a punching bag!"

Carolyn Parish

Oh but you are Ms Parish. All politicians are taxpayer punching bags! If you don't like it go get a hair cut and find a real job!
Jezus, that felt good!

The King of Debt meets the Queen of Debt ..... "F... you taxpayers it's now our money to spend as we see fit!"

Taxpayers Federation marks milestone by bringing debt clock to Wynne's doorstep

Toronto Ontario: The Canadian Taxpayers Federation brought the Ontario Debt Clock to the steps of Queen's Park to mark the milestone of becoming the first province to surpass $360 billion in debt.

"Everyone loves watching that moment when all the zeros on their car's odometer roll over and we thought Premier Wynne might enjoy all those zeros of debt she has accumulated turn over today" said CTF Ontario Director Christine Van Geyn. "Now Wynne sees for herself that her government 's ten consecutive deficits have done to our province's debt."
Ontario is the most indebted province in absolute terms. Ontario debt has doubled in the last nine years.

"Debt is often unseen which is why we built a giant clock to make it more visible to politicians and Ontarians. But the truth is seen in cancelled therapy for children with autism,  poor services and rising taxes" continued Van Geyn. For every billion dollars we spend on interest that is money we might have otherwise spent on things with actual value, or kept money in our own pockets to help our own families.
Christine Van Geyn
Monday, July 25, 2016

Tuesday, July 26, 2016

Monday, July 25, 2016

Alright who wrote this s...!

Dear CyberSmokeBlog:

I just noticed this link on their website.
Who, I wonder, do they get to write this shit?  I've saved a copy.
Paragraph 3 is a bald denial that Norman Sabourin had a gatekeeper role before the changes they made last summer.
 A key change in the 2015 Review Procedures was the granting of the Executive Director and Senior General Counsel with the authority to determine at the early screening process whether correspondence to the Council appears intended to be a complaint that could warrant consideration. Prior to July 2015it was for the member of the Judicial Conduct Committee to determine whether correspondence sent to Council constituted a complaint or other. By providing the Executive Director with that authority to screen correspondence greater efficiency was introduced. If it is determined that a matter warrants consideration, it is referred to a Chief Justice on the Judicial Conduct Committee.
Chris Budgell, Vancouver, British Columbia
Dear Mr. Self-Rep:
Don't know who wrote that .... but it likely wasn't young "Stormin Norman" Sabourin. He's too busy these days getting ready for Robin "The Bobbin" Camp's ("How high would you like me to jump and in what direction?") public inquiry before the Canadian Judicial Council's Disciplinary Committee in Ottawa at the end of September. Now that should be good for a laugh!

Clare L. Pieuk

Why parents love Pokemon Go 2.1!

Thursday, July 21, 2016


Wednesday, July 20, 2016

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

Good Day Readers:

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

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

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

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

Begin by contacting the Premier's Office ( to let her know what you think of her government's greedy decision to increase the tax on beer while running roughshod over Judge LeBlanc's earlier decision (

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

Clare L. Pieuk

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

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

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

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

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

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

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

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

Opt-ins for email, data sharing

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

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

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

Trespassing a risk

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

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

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

Read more: Rights + Justice, Science + Tech

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

Thursday, July 14, 2016

"Bobbin Robin"

Good Day Readers:

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

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

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

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

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

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

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

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

From an Anonymous lawyer:

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

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

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

From a regular reader and contributor:

Should judges in Newfoundland/Labrador get a pay raise?

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

Newfoundland and Labrador's provincial court judges want a recent vote by the legislature imposing a retroactive four-year freeze on their salaries overturned.
The Newfoundland-Labrador provincial government is already in debt up to the nuts and beyond and that's already after recently imposing an array of new taxes.

A Canadian Judicial Council exercise in futility!

Robin "The Bobbin" Camp

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

Good Day Readers:

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

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

By Sean Fine Justice Writer
Monday, July 4, 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Follow Sean Fine on Twitter: @seanfineglobe

Young Jungle Jim can't even walk one kilometre!

Good Day Readers:

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

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

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

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

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

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

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

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

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

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

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

"Thank you America for giving me white hair!"

Tuesday, July 05, 2016

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

Up next .....

Sunday, July 03, 2016

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