Tuesday, July 31, 2012

Hundreds of current and former female Mounties have come forward from across Canada to join a class-action lawsuit alleging harassment within the ranks of the RCMP.

Lawyers expected dozens of women to contact them with allegations after Janet Merlo, a 19-year veteran of the force, filed suit in March but attorney Jason Murray said Monday that more than 200 people have called his firm in Vancouver
It’s a significant number. It says to us there’s a significant problem that people feel has happened within the RCMP with respect to how women are treated,” Murray said in an interview.
And more people are expected to join the class action.
“We’re still hearing from women who either are currently members of the RCMP or who have retired or left the force in other ways,” Murray said. “On a week-to-week basis we’re hearing from people coming forward who have complaints about how they feel they were treated when they were with the RCMP.”
The civil suit filed by Ms. Merlo alleges she suffered bullying and verbal abuse throughout a career that began in March 1991 and ended in March 2010, all but a few months of it at the detachment in Nanaimo, B.C.
In her statement of claim, Ms. Merlo says male members of the detachment repeatedly made statements to her then-boyfriend and now husband, Wayne Merlo, that they’d had sex with her.
“The supervising corporal on Ms. Merlo’s night shift watch commented to Wayne Merlo words to the effect... ‘Janet is the right height because you can lay a six-pack of beer on her head while she gives you a blow job,“’ says the claim.
Ms. Merlo claims offensive items were left in her mail slot by colleagues, including a dildo and a fictional manual titled “Training Courses Now Available for Women,” comprising a list of 30 derogatory courses.
The court document claims Ms. Merlo left the force in March 2010 suffering from depression and post-traumatic stress disorder.
The case will officially get underway with a first appearance before B.C. Supreme Court on Thursday, but a class-action suit typically takes several years to wind its way through the justice system.
Ms. Merlo’s is just one of several lawsuits filed against the national police force by women who say they suffered abuse and harassment on the job.
Cpl. Catherine Galliford is suing the RCMP in a separate case claiming she suffered post-traumatic stress because of harassment that spanned two decades. She claims she was sexually assaulted, harassed and intimidated during a career in which she was the public face of the Air India investigation and the task force that arrested serial killer Robert Pickton.
The federal government, which represents the RCMP, denied all of Ms. Galliford’s allegations in a statement of defence in her case, but the rash of allegations since she came forward last fall prompted the force to announce earlier this year that it would train 100 officers to investigate internal complaints of sexual harassment.
Mr. Murray said the women who have contacted his firm concerning Ms. Merlo’s suit will not be named in the lawsuit at this time, but their allegations may be heard in court as the cases progresses.
“Everyone’s experience is different, obviously, but (the allegations) range from people who feel they’ve been passed over for an assignment or promotion because of their gender to people who have had words and taunting all the way up to incidents of sexual assault and physical assault.”

Saturday, July 28, 2012

Bruce Carson, a former senior aide to Stephen Harper charged with influence peddling.

Mr. Carson, who worked off and on as a political adviser to Mr. Harper between 2006 and 2009 and was known in Conservative circles as “the Mechanic”for his ability to fix tricky situations, is accused of using his association with the power brokers of Ottawa to sell filtration systems to Canada’s first nations.
Mr. Harper’s office first called the RCMP on Mr. Carson after allegations connected to a news investigation by the Aboriginal Peoples Television Network. The matter was also referred to the office of the conflict of interest and ethics commissioner and the commissioner of lobbying.
The network reported that Mr. Carson had allegedly been lobbying Indian and Northern Affairs Canada and the minister’s office on behalf of an Ottawa-based water company, H2O Pros, that employed his girlfriend.
Mr. Carson also raised the issue of water quality on reserves in a meeting in February, 2011, with Environment Minister Peter Kent, but the government says he did not promote the services of H2O Pros at that time.
Under legislation brought in by the government in 2006, senior federal officials are not permitted to lobby on behalf of private companies for five years after leaving the government.
“Any individual who doesn’t respect our laws must face their full force as well as the consequences that come with them,” Andrew McDougall, Mr. Harper’s spokesman, said in an e-mail on Friday.
There are also allegations that Mr. Carson improperly lobbied the Natural Resources department on behalf of the Canada School of Energy and the Environment (CSEE) for $25-million in federal funding. Mr. Carson took a job as the executive director of the Calgary school after spending the 2008 election campaign on Mr. Harper’s plane.
The charge laid against Mr. Carson on Thursday is not the first time he has had a run-in with the law. He was disbarred as a lawyer in 1981 and sentenced to 18 months in jail two years later after being convicted on five counts of fraud. Mr. Harper has said he was aware of some of Mr. Carson’s background but not all of it and would not have allowed him to work in his office had he known the full details of his past.
But opposition critics say Mr. Harper must take responsibility for hiring someone with a shady past.
“It is like the red carpet was rolled out because he was one of theirs,” said Charlie Angus, the NDP ethics critic. “He was part of their circle of good old boys.”
Scott Andrews, the Liberal ethics critic, said he is glad that the RCMP has taken this matter seriously, but “this is really about the judgment of the Prime Minister.”
Mr. Carson is scheduled for his first court appearance in relation to this charge on Sept. 10.
He was also being investigated by federal Lobbying Commissioner Karen Shepherd and Ethics Commissioner Mary Dawson, but the ethics investigation is on hold pending the outcome of the criminal case.

Wednesday, July 25, 2012

The McGill Dances for Cancer Research video has won a Bronze Medal for best use of social media. ... McGill Dances for Cancer Research Lipdub

To highlight some of the critical work being done at the Goodman Cancer Research Centre, we gathered some of our top scientists, students, lab techs and dedicated volunteers, who turned on the music - and danced!

Thanks to our proud sponsor, Medicom, a donation will be made for each hit to support advances in cancer research at the Goodman Cancer Research Centre.


To make a direct gift, click under the photo.

Thank you for your tremendous interest and support!

We are proud to announce that the Council for Advancement and Support of Education has awarded the video McGill Dances for Cancer Research a bronze medal in the Circle of Excellence Awards for "best use of social media". This is a terrific achievement for all those who participated on this project. Congratulations!

Saturday, July 21, 2012

Personalized Cancer Medicine, the Golden Age of cancer research," said Dr. Benjamin Neel, Director of The Campbell Family Institute

Amidst the skirl of the pipes and a glistening 400-ounce bar of solid gold symbolizing a new gold standard in cancer care, The Princess Margaret Hospital Foundation today announced its new 'BELIEVE IT!' campaign -- a BILLION DOLLAR CHALLENGE to accelerate Personalized Cancer Medicine at The Princess Margaret.
"We live in the Golden Age of cancer research," said Dr. Benjamin Neel, Director of The Campbell Family Institute for Cancer Research at The Princess Margaret. "Recent advances in genetics, including the ability to decode cancer genes, are leading us towards a more customized approach. Our goal is to bring full genetic molecular profiling to all new patients in order to truly deliver Personalized Cancer Treatment." Personalized Cancer Medicine focuses on using a patient's genetic information to more precisely diagnose their cancer and determine its prognosis, and then to select the treatment most likely to be of specific benefit to the individual.

"We're creating our own distinct model of Personalized Cancer Medicine at The Princess Margaret," stated Dr. Robert Bell, President and CEO of University Health Network. "It encompasses four key themes: Detect, Diagnose, Target and Support." The Princess Margaret's model of Personalized Cancer Medicine will help detect cancers earlier, diagnose cancers more precisely, provide targeted treatment and better support patients and their families through their cancer journey. "The Princess Margaret Cancer Program will unify around the creation and delivery of Personalized Cancer Medicine to provide the new gold standard of cancer care," added Dr. Bell. Today is Day One of the Billion Dollar Challenge, a five-year initiative to help revolutionize cancer care in Canada and around the world by creating a new gold standard of Personalized Cancer Medicine at The Princess Margaret. Changing the paradigm of cancer care requires a major investment, and in order to meet the Billion Dollar Challenge, The Princess Margaret Hospital Foundation will reach out to its donor community to raise $500 million while researchers will be challenged to secure the remaining $500 million through grants.

The funding will allow The Princess Margaret to recruit, train and retain highly-skilled physicians, scientists and staff who have the expertise to lead critical projects and clinical studies in order to improve the standard of care for patients. It will help build multi-disciplinary teams that include engineers, bio-informatics specialists and medicinal chemists in order to speed new technologies and discoveries to help patients sooner. The Billion Dollar Challenge will also allow for further development of award-winning psychosocial, survivorship and palliative care programs to assist patients and their families in managing pain, disease symptoms and the side-effects of treatments.

"Every patient is unique; every patient's cancer is different, so it follows that Personalized Cancer Medicine will produce the best results," said Dr. Mary Gospodarowicz, Medical Director of the Cancer Program at The Princess Margaret. "But it's not just at The Princess Margaret – it's people working collaboratively across Canada and the world that will conquer cancer in our lifetime." "I wouldn't be here if it wasn't for personalized cancer medicine," stated Robert Kidd, a PMH patient and one of the event's speakers. "Radiation was too risky, surgery couldn't help me and chemotherapy wasn't working. I was part of a clinical trial that absolutely saved my life."

"As one of the top 5 cancer research centres in the world, The Princess Margaret has the responsibility to lead the way in improving the standard of care for patients in the province, across Canada and around the world," said Paul Alofs, President and CEO of The Princess Margaret Hospital Foundation. "That's why The Foundation has taken on such a lofty, ambitious goal. Can we conquer cancer in our lifetime? Believe it!"

For more information or to donate to Personalized Cancer Medicine, visit www.ibelieveit.ca 

Friday, July 20, 2012

The Federal Court ruled Thursday that a Council of Canadians lawsuit aimed at overturning the election results in seven ridings where voters reported receiving deceptive telephone calls can go ahead.

OTTAWA — The Federal Court ruled Thursday that a Council of Canadians lawsuit aimed at overturning the election results in seven ridings where voters reported receiving deceptive telephone calls can go ahead.
The Conservative Party had sought to have the case thrown out before evidence could be presented, arguing that it was a frivolous and vexatious suit, but federal prothonotary Martha Milczynski stated that without judicial scrutiny, fraudulent electoral calls "could shake public confidence and trust in the electoral process."

"Far from being frivolous or vexatious, or an obvious abuse, the applications raise serious issues about the integrity of the democratic process in Canada," said Milczynski.

"And identify practices that, if proven, point to a campaign of activities that would seek to deny eligible voters their right to vote and/or manipulate or interfere with that right being exercised freely."

At a hearing in June, Conservative lawyer Arthur Hamilton argued that the seven applications for judicial review of the election results should be thrown out of court because they were filed months after the election.

The Elections Act requires that any action to overturn an election be launched within 30 days of allegations of irregularities coming to light.

Steven Shrybman, the lawyer handling for the council, argued that the applicants only learned of an apparent attempt to keep voters from going to the polls after media reports on Feb. 23.

The court ruled, though, that when voters received calls misdirecting them on election day, they could not have known that they "could have been part of a fraud or corrupt or illegal practice," and said a determination requires "a full evidentiary record."

"It cannot be concluded at this juncture simply on the basis of inference and argument that the applicants as a group, or any of them, sat on their rights until after the time for bringing the application had expired."

The ruling does not cast judgment on the merits of the case, only asserts that it is not obviously fatally flawed, and calls for parties to get ready for a hearing "as quickly as possible."

Milczynski cites a ruling from Ontario Superior Court Justice Thomas Lederer, who in May ruled that the election of Conservative MP Ted Opitz in Etobicoke Centre should be voided because of irregularities, after former Liberal MP Borys Wrzesnewskyj sued.

Opitz appealed that decision to the Supreme Court of Canada on July 10. A decision is expected in that case any day.

Council of Canadians president Maude Barlow said Thursday that she is pleased that the court didn't toss out the case.

"We'll be with the applicants every step of the way," said Barlow. "We want the truth to come out. The Canadian people all want to know what happened. We're not prejudging it but we do want our day in court."

Conservative Party spokesman Fred DeLorey pointed out that the ruling is not evidence that the case has merit.

"The court made no decision on the merits of the applications, which we continue to believe are completely unfounded," he said Thursday.

The council, a nationalist, left-leaning citizen advocacy group, is seeking to have the court throw out the results in seven ridings where Conservatives won close races: Don Valley East, Elmwood—Transcona, Nipissing—Timiskaming, Saskatoon—Rosetown—Biggar, Vancouver Island North, Winnipeg South Centre and Yukon.

Each of the applications is from a voter who received a call telling them that their polling station had moved, seemingly as part of a concerted attempt to prevent opposition supporters from voting.

The council has also presented evidence from a Conservative call centre worker in Thunder Bay, Annette Desgagne, who signed an affidavit stating that she made calls in at least one of the ridings — Nipissing—Timiskaming — directing opposition supporters to the wrong polling stations.

The Conservatives have repeatedly stated that the party did not misdirect any voters.

DeLorey has described the council's suit as a "a transparent attempt to overturn certified election results simply because this activist group doesn't like them."

In an interview with the Toronto Star in April, Hamilton predicted the council's case would be thrown out. "They don't have any backup," he said then. "This is a publicity stunt."

Thursday, July 19, 2012

The Quebec Superior Court of Justice has just delivered a major blow to the Harper government in a decision involving the CBC's unionized workers. The Court has ruled that a number of key clauses were unconstitutional in the budget legislation limiting spending which was passed on March 12, 2009.

The Quebec Superior Court of Justice has just delivered a major blow to the Harper government in a decision involving the CBC's unionized workers. The Court has ruled that a number of key clauses were unconstitutional in the budget legislation limiting spending which was passed on March 12, 2009.
It's a clear victory for CUPE Local 675 who challenged the legislation for violating the right to collective bargaining, a right protected under the guarantee of freedom of association in the Canadian Charter of Rights and Freedoms. The bill actually overrode wage increases that had previously been negotiated in the collective agreement with no opportunity to renegotiate.
“Basically the Court ruled that the government should have allowed the CBC to negotiate with the union. But, as usual, the Harper government chose to take the bulldozer route. It took a Superior Court decision to remind them of the importance of freedom of association and the Canadian Charter of Rights and Freedoms,” said Annick Desjardins, CUPE representative and lawyer assigned to the file.
“The judgement comes as a huge relief to CBC workers. The Court is reiterating that they should have a say when it comes to determining their work conditions. It's a good thing we have the Charter and courts to keep the Harper government in line and ensure that CBC workers' rights are respected,” said Isabelle Doyon, president of the union representing Radio-Canada office workers and professionals (CUPE 675).

According to the judgement, the government's attitude “is even more surprising considering that evidence indicates that the Treasury Board Secretariat was well aware of the principles established in the B.C. Health Services judgement.” The Supreme Court ruling confirmed that collective bargaining in good faith is protected under freedom of association in the Charter.

Tuesday, July 17, 2012

needle exchange in Stockholm

"In part, it reduces the risk of the spread of blood-borne diseases and in part – and perhaps most importantly – it increases contact with the people affected so they can receive different kinds of support," said Anders Tegnell of Sweden's National Board of Health and Welfare (Socialstyrelsen), the agency which approved the request."Other programmes, not least those in Lund and Malmö, have shown that those contacts can help prevent addicts from being hurt unnecessarily."

Last month, the Stockholm County Council (Landstinget) – the body responsible for overseeing the public healthcare system – filed a formal petition with the national health board seeking permission to launch a needle exchange programme.

In the wake of the health board's approval, plans are underway to house the needle exchange programme in a pavilion to be constructed at St. Göran's Hospital on Kungsholmen in central Stockholm.

The pavilion is scheduled to be completed by the autumn, according to County Council member Birgitta Rydberg of the Liberal Party (Folkpartiet).

"It was hard to find a landlord which was ready to house the operation. In the end, it was decided it was better to use space at a hospital on land owned by the County Council," she told the TT news agency.

Berne Stålencrantz, chair of the Swedish Drug Users' Union (Svenska brukarföreningen), expressed his enthusiasm over news that the needle exchange programme was finally moving forward.

"One loses steam after so many years. I've been working on this issue ever since I started the users' union ten years ago," he told TT.

He added that everything must now go according to plan with the needle exchange effort, expressing hopes that neighbours wouldn't complain and that no drug or syringe sales would take place near the facility.

"But we've offered to help and asked for funding to have two people on site. If we're standing there, people wouldn't simply deal right outside in plain sight. We don't want this to go awry," said Stålencrantz.

While Åke Örtqvist of Stockholm's infectious disease division admits there is no scientific way to quantify the medical benefits of needle exchange programmes, he said evidence from programmes elsewhere suggest they do help cut the spread of some diseases.

"Experience in Skåne and Finland indicate that they are a very good way to reduce HIV and Hepatitis B infections, and maybe Hepatitis C," he said to TT.

Saturday, July 14, 2012

The Supreme Court of Canada handed down its highly anticipated decisions in five copyright cases

The Supreme Court of Canada handed down its highly anticipated decisions in five copyright cases today, which in effect scrapped some of the existing copyright fees and clarified the copyright rules for the Internet. It’s a rare day that the court releases so many decisions in one area of law on the same day.
Barry Sookman, a partner at McCarthy Tétrault LLP and co-chairman of the firm’s technology law group, says, “The court takes a very pragmatic approach to looking at copyright and the Internet.”

The Copyright Board had approved taxes for downloading but they were appealed by large Canadian telecommunications companies like Rogers Communications, Bell Canada, Telus Communications, and Shaw Cablesystems.

In Entertainment Software Association v. Society of Composers, Authors and Music Publishers of Canada and Rogers Communications Inc. v. Society of Composers, Authors and Music Publishers of Canada, the SCC was tasked with determining what qualifies as a communication to the public.

In Rogers, the court found that on-demand services have to pay for uses of music, says Sookman. Rogers argued that it could have on-demand services like pay-per-view for free, which was not considered communicating to the public.

“The court rejected [Rogers’ argument], taking a very pragmatic approach, saying, ‘Look, in effect, copies of music are being made available to the public and so it doesn’t make a difference whether it’s one at a time or over time, significant works are made available to the public and so that’s a communication which is to the public,” he says.

On behalf of the majority in Rogers, Justice Marshall Rothstein wrote: “In these circumstances, the transmission of any file containing a musical work, starting with the first, from the online service’s website to the customer’s computer, at the customer’s request, constitutes ‘communicat(ing)’ the work to the public by telecommunication.”

In Entertainment Software Association, the court found that a download was not a communication to the public.

“[The court] rejects an approach that would treat the Internet in a completely different way than a traditional distribution,” says Sookman.

SOCAN argued that buying a video game in a store is not a communication to the public, but when sold over the Internet it is considered as such.

“The court rejected this artificial distinction based on the principle of technological neutrality,” he says.

In Society of Composers, Authors and Music Publishers of Canada v. Bell Canada, the court determined that music previews are considered a fair dealing. As such, previews on iTunes, for instance, do not merit the payment of royalties.

“Because of their short duration and degraded quality, it can hardly be said that previews are in competition with downloads of the work itself. And since the effect of previews is to increase the sale and therefore the dissemination of copyrighted musical works thereby generating remuneration to their creators, it cannot be said that they have a negative impact on the work,” wrote Justice Rosalie Abella in the decision.

With its ruling in Province of Alberta v. Canadian Copyright Licensing Agency, which involved a dispute over copyright rules for photocopying textbooks at schools, Sookman says the top court clarified the framework for fair dealing.

“Under fair dealing, there has to be two steps. The first step looks to see if it’s an allowable purpose and the second step looks to see if the dealing is a fair one,” he says. “The court said you could look at the purpose of the user rather than the purpose of the copier. . . . That is a radical departure from previous cases.”

Now everything comes into the mix when determining if a particular deal is fair or not, he adds. The SCC sent this case back to the Copyright Board for further review.

Sookman says these rulings have a wide-ranging impact.

“This goes beyond just music because it applies to everything that contains music. . . . This is very significant because it means that when the Internet is now used as a delivery mechanism — whether it’s for e-books, movies, video games, or music — SOCAN doesn’t get paid,” he says.

The songwriters still get paid under the reproduction rights, but they won’t get paid twice as SOCAN was seeking to achieve, he says.

Wednesday, July 11, 2012

France, Britain, Germany and Sweden called Monday on the United Nations to quickly draw up a comprehensive arms trade treaty

France, Britain, Germany and Sweden called Monday on the United Nations to quickly draw up a comprehensive arms trade treaty that will reduce what they called "a growing threat to humanity".

The appeal came as UN member states were set to launch talks later Monday in New York on drafting the first comprehensive arms trade treaty, which activists say is all the more necessary given the mounting bloodshed in Syria.

"There is a clear case for governments to act now," said Sweden's trade minister in a joint statement with the foreign ministers of France, Germany and Britain.

"Every year, millions of people around the world suffer from the direct and indirect effects of the poorly regulated arms trade and the illicit trafficking of arms," they wrote in the statement published in European newspapers.

They said that hundreds of thousands of people were killed or injured, many were raped or forced to abandon their homes, while others lived their lives under a constant threat of violence.

"Coupled with a growth in the illicit trafficking of arms, we are facing a growing threat to humanity," they said, noting that as some of the largest exporters in Europe, their countries bore "a special responsibility in this matter".

The ministers wrote that the arms trade treaty should be legally binding, but nationally enforced.

"This will ensure the global consistency required to make the treaty effective, while maintaining state signatories' right to decide on arms transfers," they said.

The ministers also stated that they believed that the arms trade treaty should cover all types of conventional weapons, notably including small arms and light weapons, all types of munitions, and related technologies.

"It is also of great importance that the treaty includes strong provisions on human rights, international humanitarian law and sustainable development," said their statement.

Russia and China are Syria's main allies at the UN Security Council, and have routinely opposed international efforts to slap sanctions on President Bashar al-Assad's regime in the wake of a crackdown on dissent that activists say has killed over 15,800 people since March 2011.

They are set to join other governments, like Iran, that are friendly with Syria in opposing plans for the Arms Trade Treaty, which seeks to set criteria to halt the transfer of arms and other equipment that can be used against civilians or to stoke a conflict.

The United States - which produces six billion bullets a year - wants to exclude munitions from the treaty, while China does not want it to cover small arms, which it exports en masse to developing countries.

According to a UN working draft, India - the world's biggest arms importer - Japan, Pakistan and Saudi Arabia insist they must be free to equip their armed forces at will.

China, Russia and Arab countries say the accord's criteria are subjective and politically motivated, while South Korea does not want to hinder technology transfers.

Brian Wood, Amnesty International's arms control chief, said diplomats face an "enormous task" as they try to wrap up the accord by the end of July, and said the final text could be watered down in the interest of consensus.

If all goes well, he said the treaty could come into force in late 2013, after some three dozen countries ratify the document.

Monday, July 9, 2012

The Federal Court of Canada

The Federal Court is a Canadian trial court that hears cases arising under certain areas of federal law. The Federal Court is a superior court with nationwide jurisdiction. The court was created on July 2, 2003 by the Courts Administration Service Act when it and the Federal Court of Appeal were split from their predecessor, the Federal Court of Canada.
On October 24, 2008, the Federal Court was given its own Armorial bearings by the Governor General, the third court in Canada to be given its own Coat of Arms - after the Court Martial Appeal Court of Canada and Ontario Superior Court of Justice.[1]




The Federal Court consists of a Chief Justice and thirty-two other judges. Currently, there are 28 full-time judges (leaving five vacancies in the Court), along with four supernumerary judges, six deputy judges, and six prothonotaries.
Law Clerks are hired for one-year terms to help the judges research and prepare decisions. They are generally assigned to a particular judge.
The salary of judges are determined annually by the Judicial Compensation and Benefits Commission. Chief Justice receives $254,600 while other judges receives $232,300 annually.[2]


The Federal Court cannot hear any case unless a federal statute confers jurisdiction on the Court to hear cases of that type.
Some examples of the sort of cases heard by the Federal Court are:
These instances of jurisdiction may either be exclusive or concurrent with provincial superior courts, depending on the statute. The Court has the authority to judicially review decisions made by most federal boards, commissions, and administrative tribunals, and to resolve lawsuits by or against the federal government.
Decisions of the Federal Court may be appealed to the Federal Court of Appeal. Because it is a superior court of national jurisdiction, judgments are enforceable across Canada without the need for certification by the courts of a specific province.

 Judges and prothonotaries

NameAppointedNominated byPosition Prior to Appointment
Paul S. Crampton (Chief Justice)2009
2011 (as Chief Justice)
HarperLawyer at Osler, Hoskin & Harcourt LLP
Yvon Pinard, P.C.(Supernumerary)1984TrudeauMember of Parliament for Drummond
Government House Leader
Sandra J. Simpson (Supernumerary)1993MulroneyLawyer at Fraser Milner Casgrain LLP
Danièle Tremblay-Lamer (Supernumerary)1993MulroneyLawyer at the Department of Justice
Douglas R. Campbell (Supernumerary)1995ChretienProvincial Court of British Columbia
Allan Lutfy (Supernumerary)1996ChretienLawyer at Lavery, de Billy LLP
François Lemieux (Supernumerary)1999ChretienLawyer at Herridge, Tolmie, Gray, Coyne and Blair LLP
John A. O'Keefe1999ChretienLawyer at Foster O'Keefe LLP
Elizabeth Heneghan1999ChretienLawyer (Sole Practitioner)
Dolores Hansen1999ChretienProvincial Court of Alberta
Edmond P. Blanchard2000ChretienNew Brunswick Minister of Finance
Michael A. Kelen2001ChretienLawyer
Michel Beaudry (Supernumerary)2002ChretienLawyer at Beaudry, Bertrand
Luc Martineau2002ChretienLawyer (Sole Practitioner)
Simon Noël2002ChretienLawyer at Noël & Associates
Judith A. Snider2002ChretienVice Chair of the National Energy Board
James Russell2002ChretienLawyer at McDougall, Gauley LLP
James O'Reilly2002ChretienExecutive Legal Office of the Supreme Court of Canada
Sean J. Harrington2003ChretienLawyer at Borden Ladner Gervais LLP
Richard Mosley2003ChretienAssistant Deputy Minister, Criminal Law and Social Policy
Michel M.J. Shore2003ChretienImmigration and Refugee Board
Michael L. Phelan2003ChretienLawyer at Ogilvy Renault LLP
Anne L. Mactavish2003ChretienChair of the Canadian Human Rights Tribunal
Yves de Montigny2004MartinChief of Staff to the Minister of Justice
Roger T. Hughes2005MartinLawyer at Sim & McBurney LLP
Robert L. Barnes2006MartinLawyer at Burchell, Hayman, Parish
Leonard S. Mandamin2007HarperProvincial Court of Alberta
Russel Zinn2008HarperLawyer at Ogilvy Renault LLP
David Near2009HarperSenior Counsel at Environment Canada
Richard Boivin2009HarperAssociate Senior General Counsel with Aboriginal Affairs
Marie-Josée Bédard2010HarperVice Chair of the Public Service Labour Relations Board
André F.J. Scott2010HarperChair of the Canadian International Trade Tribunal
Donald J. Rennie2010HarperAssistant Deputy Attorney General (Litigation)
Mary J.L. Gleason2011HarperLawyer at Ogilvy Renault LLP
Jocelyne Gagné2012HarperLawyer at Lavery, de Billy LLP
Catherine Kane2012HarperDepartment of Justice Senior General Counsel
The prothonotaries of the court by seniority are:
  • Richard Morneau
  • Roza Aronovitch
  • Roger Lafrenière
  • Mireille Tabib
  • Martha Milczynski
  • Kevin R. Aalto

 Former judges

Chief Justice
  • Allan Lutfy: July 3, 2003 – September 30, 2011[3]
Puisine judges
  • Paul U.C. Rouleau: July 3, 2003 – July 25, 2007[4]
  • Max M. Teitlebaum: July 3, 2003 – January 27, 2007[5]
  • W. Andrew MacKay: July 3, 2003 – March 20, 2004[6]
  • Frederick E. Gibson: July 3, 2003 – August 30, 2008[7]
  • James K. Hugessen: July 3, 2003 – July 26, 2008[8]
  • Pierre Blais, P.C.: July 3, 2003 – February 19, 2008[9]
  • Eleanor Dawson: July 3, 2003 – December 26, 2009[10]
  • Carolyn Layden-Stevenson: July 3, 2003 – December 12, 2008[11]
  • Johanne Gauthier: July 3, 2003 – October 21, 2011[12]
  • Konrad W. von Finckenstein: August 14, 2003 – January 25, 2007
  • Robert M. Mainville: June 16, 2009 – June 18, 2010



  1. ^ Media Release
  2. ^ Section 10 of the Judges Act
  3. ^ Lutfy was Associate Chief Justice of the Federal Court of Canada from December 8, 1999, until the reorganisation.
  4. ^ Served on the Federal Court of Canada–Trial Division from August 5, 1982, until the reorganisation.
  5. ^ Served on the Federal Court of Canada–Trial Division from October 29, 1985, until the reorganisation.
  6. ^ Served on the Federal Court of Canada–Trial Division from September 2, 1988, until the reorganisation.
  7. ^ Served on the Federal Court of Canada–Trial Division from April 1, 1993, until the reorganisation.
  8. ^ Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation.
  9. ^ Served on the Federal Court of Canada–Trial Division from June 23, 1998, until the reorganisation.
  10. ^ Served on the Federal Court of Canada–Trial Division from December 8, 1999, until the reorganisation.
  11. ^ Served on the Federal Court of Canada–Trial Division from January 25, 2002, until the reorganisation.
  12. ^ Served on the Federal Court of Canada–Trial Division from December 11, 2002, until the reorganisation.

[edit] External links

Saturday, July 7, 2012

Sweden came in second place after Switzerland, with Singapore taking third – the same top three as last year’s index.

Sweden came in second place after Switzerland, with Singapore taking third – the same top three as last year’s index.

The report, published by INSEAD, the leading international business school, and the World Intellectual Property Organization (WIPO), a specialized agency of the United Nations ranks 141 countries/economies on the basis of their innovation capabilities and results.

“The GII is a timely reminder that policies to promote innovation are critical to the debate on spurring sustainable economic growth,” WIPO Director General Francis Gurry said Tuesday in a statement.

“The downward pressure on investment in innovation exerted by the current crisis must be resisted. Otherwise we risk durable damage to countries’ productive capacities. This is the time for forward-looking policies to lay the foundations for future prosperity.”

The top ten countries remain almost unchanged since the 2011 index, with only Canada dropping out of the exclusive first ten.

The other countries to grace the top of the list include Finland, the United Kingdom, the Netherlands, Denmark and Hong Kong (China), with Ireland and the United States of America taking ninth and tenth.

Soumitra Dutta, Roland Berger Professor of Business and Technology at INSEAD and the founder of the GII explained how the innovation was ranked.

“The GII seeks to update and improve the way innovation is measured. Today’s definitions must capture an environment which is context-driven, problem-focused and interdisciplinary. The 2012 variables were broadened in an effort to find the right mix which captures innovation as it happens today.”

Thursday, July 5, 2012

Final Report On the accident on 1st June 2009 to the Airbus A330-203 registered F-GZCP operated by Air France flight AF 447 Rio de Janeiro - Paris Published July 2012

Final Report

On the accident on 1st June 2009

to the Airbus A330-203

registered F-GZCP

operated by Air France

flight AF 447 Rio de Janeiro - Paris

-GZCP - 1
st June 2009 3
Table of Contents
1.1 History of Flight 21
1.2 Killed and Injured 24
1.3 Damage to Aircraft 24
1.4 Other Damage 24
1.5 Personnel Information 24
1.5.1 Flight crew 24
1.5.2 Cabin crew 29
1.6 Aircraft Information 30
1.6.1 Airframe 30
1.6.2 Engines 30
1.6.3 Weight and balance 30
1.6.4 Condition of the aircraft before departure 31
1.6.5 Maintenance operations follow-up 31
1.6.6 Information on the airspeed measuring system 31
1.6.7 Checks and maintenance of the Pitot probes 33
1.6.8 Radio communications system 34
1.6.9 Systems function 35
1.6.10 Specific points on overspeed 42
1.6.11 Angle of attack protection and stall warning 43
1.6.12 REC MAX and OPTI flight levels 45
1.6.13 Onboard weather radar 45
1.7 Meteorological Conditions 46
1.7.1 Meteorological situation 46
1.7.2 Forecast charts 46
1.7.3 Meteorological analyses 47
1.8 Aids to Navigation 48
1.9 Telecommunications 48
1.9.1 Communications between the aeroplane and the ATC centres 48
1.9.2 Means of monitoring used by air traffic control services 49
1.9.3 Coordination between the control centres 52
1.10 Aerodrome Information 53
1.11 Flight Recorders 53
1.11.1 Flight recorder opening operations and read-out 54
1.11.2 Analysis of the flight recorder data 57
1.11.3 Analysis of computers 62
F-GZCP - 1
st June 2009
1.12 Wreckage and Impact Information 64
1.12.1 Localisation of the floating debris and the wreckage site 64
1.12.2 Work performed on floating debris 66
1.12.3 Examination of the wreckage 77
1.12.4 Summary 81
1.13 Medical and Pathological Information 81
1.14 Fire 81
1.15 Survival Aspects and SAR 81
1.16 Tests and Research 83
1.16.1 Underwater search and recovery operations 83
1.16.2 Study of unreliable indicated airspeed events
(temporary loss or anomalies) occurring in cruise on Airbus A330/A340 85
1.16.3 Analysis of functioning of systems 88
1.16.4 Analysis of aircraft performance 90
1.16.5 Reconstruction of the information available to the crew 93
1.16.6 Simulation of flight AF 447 in the Eurocat system 99
1.16.7 Aspects relating to fatigue 100
1.16.8 Work on Human Factors 101
1.16.9 Examination of the cockpit seats 106
1.17 Information on Organisations and Management 110
1.17.1 Organisation of Air France 110
1.17.2 Organisation of oversight of the operator by the DGAC 126
1.17.3 Air traffic services for a trans-oceanic flight 129
1.17.4 Search and Rescue (SAR) 130
1.18 Additional Information 136
1.18.1 Type Certification and continuing airworthiness 136
1.18.2 Information supplied to flight crews on the unreliable IAS situation 147
1.18.3 Information on the Stall 150
1.18.4 Simulator fidelity 154
1.18.5 Testimony 157
1.18.6 Previous Accidents and Recommendations 159
1.19 Useful or Effective Investigation Techniques 162
1.19.1 Resources used for phase 4 162
1.19.2 Resources used for phase 5 166
2 - ANALYSIS 167
2.1 Accident Scenario 167
2.1.1 From the beginning of the CVR recording until
the autopilot disconnection 167
2.1.2 From the autopilot disconnection to triggering of the STALL 2 warning 171
2.1.3 From the triggering of the STALL 2 warning until the end of the flight 178
2.2 Pilot Training and Recurrent Training 182
2.2.1 Manual aeroplane handling and functional representation of flight 183
2.2.2 CRM training and exercises 184
2.2.3 Augmented crews 184
2.2.4 Flight simulators 185
2.2.5 Aeroplane behaviour in reconfiguration laws 186
2.3 Ergonomics 187
2.3.1 ECAM 187
2.3.2 Operation of the flight directors 188
2.3.3 Stall warning (operation and identification) 189
F-GZCP - 1st June 2009 5
2.4 Operational and technical feedback 190
2.5 Oversight of the Operator by the national aviation safety
authority (DGAC/DSAC) 192
2.6 SAR operations 193
2.7 Radio-communications with control services 194
2.7.1 Controllers’ and crew’s planned actions 194
2.7.2 Limits on the use of the Eurocat system in Senegal 194
2.7.3 Alert service provision 195
2.8 Lessons learnt from the search for the wreckage of flight AF 447 195
3.1 Findings 197
3.2 Causes of the Accident 199
4.1 Recommendations from Interim Report n°2 203
4.1.1 Flight Recorders 203
4.1.2 Certification 204
4.2 Recommendations from Interim Report n°3 204
4.2.1 Recommendations on Operations 204
4.2.2 Recommendation relating to Certification 205
4.2.3 Recommendations relating to Flight Recorders 205
4.2.4 Recommendations relating to Transmission of Flight Data 206
4.3 New Recommendations 207
4.3.1 SAR coordination plans over maritime and remote areas 207
4.3.2 Training of SAR operators 207
4.3.3 Organisation of SAR in France 208
4.3.4 Air Traffic Control 208
4.3.5 Initial and recurrent training of pilots 208
4.3.6 Improving flight simulators and exercises 210
4.3.7 Ergonomics 210
4.3.8 Operational and Technical Feedback 212
4.3.9 Oversight of the Operator 212
4.3.10 Release of Drift Measuring Buoys 213
5.1 Air France 215
5.1.1 Aeroplane maintenance and equipment 215
5.1.2 Modifications to reference systems 215
5.1.3 Crew training 215
5.2 Airbus 216
5.3 EASA 216
5.3.1 Certification measures to improve aviation safety 216
5.3.2 Rulemaking actions from EASA to improve aviation safety: 216
5.4 Aviation industry actions 217
LIST OF APPENDICES 219F-GZCP - 1st June 2009 7
Table of figures
Figure 1: Flight profile 23
Figure 2: Position of the Pitot probes on the Airbus A330 32
Figure 3: Pitot probe (with protection caps) 32
Figure 4: Diagram of the speed measurement system architecture 33
Figure 5: FCU display 37
Figure 6: PFD in normal law 39
Figure 7: PFD in alternate 2 law 39
Figure 8: Pitot probe diagram 40
Figure 9: Overview 41
Figure 10: Effect of a drop in total measured pressure on standard altitude
and vertical speed 42
Figure 11: Evolution of stall warning threshold in relation to Mach 44
Figure 12: Example of a "PROG" page from FMS 45
Figure 13: TEMSI chart overlaid with infrarouge image at 0 h 00 47
Figure 14: Strip filled out by ATLANTICO controller 49
Figure 15: Representation of air traffic by the Eurocat system 51
Figure 16: FDR 54
Figure 17: CVR 54
Figure 18: FDR CSMU after removal of cover 54
Figure 19: FDR memory board 55
Figure 20: Removal of internal protective layers 55
Figure 21: Opening of CVR CSMU 56
Figure 22: CVR memory board after removal of thermal protections 56
Figure 23: CVR memory boards before cleaning 56
Figure 24: Level of turbulence observed during flight 58
Figure 25: Position and detail of "AIR DATA" selector 59
Figure 26: Parameters from 2 h 10 min 04 to 2 h 10 min 26 60
Figure 27: Parameters from 2 h 10 min 26 to 2 h 10 min 50 61
Figure 28: Parameters from 2 h 10 min 50 to 2 h 11 min 46 62
Figure 29: Optical disk showing the location of the readable zones 63
Figure 30: Memory component from one of the FCDC 64
Figure 31: All of floating debris (found between 6 and 26 June), last known position
and wreckage site 65
Figure 32: Wreckage localisation 66
Figure 33: Position of the recovered parts (exterior and cargo) 66
Figure 34: Position of the cabin part debris recovered in relation to the aircraft layout 67
Figure 35: Part of Galley G3: downwards deformation at the level of the galley’s heavy parts 68
Figure 36: Luggage rack fitting deformed towards the front Toilet door (L54) 68
Figure 37: Metallic stiffeners deformed by buckling 68
Figure 38: Floor of the LDMCR: with bottom-upwards deformation 69
Figure 39: Ceiling of the LDMCR: with top-downwards deformation 69
Figure 40: Passenger oxygen container recovered closed: the deformations
on the cover matched those on the box 69
Figure 41: Passenger oxygen container recovered open: the three pins are in place 70F-GZCP - 1
st June 2009 8
Figure 42: Flap extension mechanism (or flap track) No. 3 in retracted position 70
Figure 43: Part of the No. 3 flap track fairing on the left wing 71
Figure 44: Fin – In the foreground the base of the fin with the central and forward
attachment lugs 71
Figure 45: Rib 2 bent upwards as a result of bottom-upwards compression loads 72
Figure 46: HF antenna support 72
Figure 47: Arm 36G, right view: failure of the rudder attachments 73
Figure 48: Frame 87: shearing of the frame and fuselage skin along the frame 74
Figure 49: Right-hand aft lug: shearing of the fuselage along main frames 86-87 74
Figure 50: Frames 84 to 87: S-shaped deformation of frame 87, with frames 84 and 85
pushed in backwards; failure of the horizontal stabiliser actuator supports
between frames 86 and 87 (red circle) 75
Figure 51: Fin centre and aft attachments 75
Figure 52: Rear view of the left-hand aft lug: there were marks showing a backwards
pivoting of frames 86 and 87 76
Figure 53: Tensile failure of the centre spar at the level of the attachment
of the lateral load pick-up rods 76
Figure 54: Compression failure of the aft spar at the level of the attachments
of the lateral load pick-up rods and failure of the left-hand rod by buckling 77
Figure 55: Sonar Images of the debris field 77
Figure 56: Parts of the fuselage 78
Figure 57: Left engine air intake 78
Figure 58: Engine pylon 79
Figure 59: Cartography of the parts subsequently brought to the surface 79
Figure 60: Front view of engine 80
Figure 61: Trimmable horizontal stabiliser screwjack after being raised on board 80
Figure 62: Evolutions of recorded angles of attack and of the stall warning trigger threshold 89
Figure 63: Comparison between the recorded positions of the elevator and THS
and the simulation 90
Figure 64: Comparison between altitudes of the aeroplane and the simulation (longitudinal axis) 91
Figure 65: Flight envelope 92
Figure 66: Evolution of normal acceleration recorded at the time of activation
of the stall warning 92
Figure 67: Speed displays on the PFD 93
Figure 68: Evolution of the 3 CAS 94
Figure 69: Evolution of FD crossbars 96
Figure 70: Position of the area where ECAM messages are displayed 97
Figure 71: ECAM displays at different moments (if no message has been erased) 97
Figure 72: Evolution of the REC MAX (simulation) Source Airbus 99
Figure 73: Source: Airbus FCOM supplied to Air France 103
Figure 74: Source FCOM Airbus 104
Figure 75: Source TU Air France 104
Figure 76: View of the cockpit seats 106
Figure 77: General view of the left seat 106
Figure 78: The seat’s horizontal position adjustment systems 107
Figure 79: Right seat armrest on the side-stick side 108
Figure 80: Roller marks on the guidance rail 108
Figure 81: Right side seat cushion 109F-GZCP - 1
st June 2009 9
Figure 82: Marks on the adjustment mechanism 109
Figure 83: Dial indicating armrest position 110
Figure 84: Malformation of the crotch belt fastening 110
Figure 85: A typical display on a flight logging interface 111
Figure 86: Strip created after coordination between ATLANTICO and DAKAR Océanic 129
Figure 87: Arrangement of the SRR in metropolitan France 133
Figure 88: Lift graph with high and low Mach 150
Figure 89: Flight envelope at high altitude 151
Figure 90: Alucia 163
Figure 91: AUV REMUS 6000 163
Figure 92: General view using sonar imaging: 120 kHz, range of 700 m 163
Figure 93: Engine 164
Figure 94: Wing 164
Figure 95: Section of fuselage 164
Figure 96: Landing gear 165
Figure 97: Overlay of sonar images taken with various settings: 120 kHz,
700 m range scale - 410 kHz, 100 m range scale - 410 kHz, 50 m range scale 165
Figure 98: Visualisation of the photo mosaic obtained with REMUS AUV images
and the aeroplane debris identified by using the REMORA ROV 166F-GZCP - 1
st June 2009 11
Auto Thrust
Air Accident Investigation Branch (UK)
Advisory Circular
Aircraft Communication Addressing and Reporting System
Area Control Centre
Advisory Circular Joint
Audio Control Panel
Airworthiness Directive
Airworthiness Directive
Air Data Inertial Reference Unit
Air Data Module
Air Data Reference
Automatic Dependant Surveillance-Broadcast
Automatic Dependant Surveillance-Contract
Aeronautical Information Publication
Aeronautical Information Regulation And Control
Acceptable Means of Compliance
Audio Management Unit
Angle Of Attack
Air Operator’s Certificate
Auxiliary Power Unit
Aeronautical Rescue Coordination Centre
Airworthiness Review Meeting
Air Safety Report
Air Traffic Control
Air Traffic and Information Management System
Aircraft Technical Log
Airline Transport Pilot Licence
Australian Transport Safety Bureau
Air Traffic Service Unit
Autonomous Underwater Vehicle
Bundesstelle für Flugunfalluntersuchung
(German investigation authority)
Civil Aviation Authority
Calibrated Air Speed
Clear Air Turbulence
Cross Crew Qualification
Centro de Investigação e Prevenção de Acidentes aeronãuticos
(Brazilian investigation authority)