A federal lawyer says an Ottawa man facing deportation under a federal security certificate had ample opportunity to defend himself from terrorism allegations under Canada's revamped security law, but chose not to use that opportunity.
David Tyndale told the Federal Court of Appeal Wednesday that Mohamed Harkat could have given a detailed defence against federal allegations he associated with terrorists but instead chose to be evasive and contradictory. Harkat's defence, Tyndale argued, was not limited to mere denials as his lawyers have suggested.
``That's not what Mr. Harkat was limited to: It's what he chose to do on a number of occasions,'' Tyndale told the appellate court.
Harkat's defence team has asked the Appeal Court to strike down the federal government's revamped security certificate law, introduced in 2008, as unconstitutional.
The previous version, used to detain and deport foreign-born terror suspects, was effectively struck down by the Supreme Court in February 2007. The high court said the process was so secretive it denied defendants the fundamental right to meet the case against them.
The Harkat case is the first to test whether the government's revised security certificate law can withstand a challenge under the Canadian Charter of Rights and Freedoms.
Harkat's lawyers say the process still does not allow defendants to meet the case against them since they're only given an outline of allegations due to national security concerns. The allegations, they say, lack critical details, such as the information's origin.
Harkat, an Algerian refugee, is appealing a December 2010 Federal Court decision by Judge Simon Noel, who upheld the government's case against Harkat, declaring him an active and dangerous member of the al-Qaida network.
Tyndale said that although Harkat was not allowed access to classified information, his legal proxies - lawyers known as special advocates - were.
Because the new security certificate process allows for legal proxies, Tyndale argued, it meets the Supreme Court's standard for a fair hearing as it offers a meaningful substitute for full disclosure.
Harkat was given written summaries of the classified information used against him and his special advocates were allowed to challenge that evidence in closed hearings, Tyndale said.
``The issue here isn't that Mr. Harkat didn't know the case he had to meet,'' Tyndale argued, ``but that his evidence was found to be evasive, contradictory and implausible.''
By way of example, Tyndale pointed to Harkat's defence against the government allegation that he ran a guest house in Peshawar, Pakistan, for jihadists, and also worked as a chauffeur for Chechen rebel leader Ibn Al-Khattab in 1994 and 1995.
Harkat admitted that he lost his job working for a Muslim charity in June 1994. But in his testimony, he offered little explanation of what he did between that time and September 1995, when he arrived in Canada, Tyndale said.
``Mr. Harkat gave a response, but his response was effectively, `I didn't do a lot at that time.' Judge Noel didn't believe it.''
Tyndale said that while Harkat had enough information to meet the case, ``his choices of responses didn't turn out well for him.''
The case against Harkat relied heavily on written summaries of telephone conversations recorded by CSIS between 1996 and 1998. In keeping with what was then internal policy, however, CSIS, Canada's spy agency, destroyed the original recordings.
Defence lawyers have asked the Appeal Court to overturn the finding that Harkat is a terrorist and throw out the summaries entered into evidence.
Harkat's lawyer Matthew Webber said the summaries were filtered for security information, not evidence, and cannot be trusted as an accurate reflection of what was said.
Webber said Harkat's ability to defend himself was unfairly restricted since he could not challenge the translation of the recordings, voice identification or other potential flaws.
After the previous security law was struck down in 2007, Parliament drafted a new law which gave terror suspects the right to be represented by special advocates and to receive written summaries of evidence heard in-camera.
Thursday, February 23, 2012
Wednesday, February 22, 2012
The Liberals are replacing the confusing ‘secret law’ police used to place hundreds of people under arrest during the G20 summit in 2010.
‘Secret’ G20 law to be scrapped
The Liberals are replacing the confusing ‘secret law’ police used to place hundreds of people under arrest during the G20 summit in 2010.
The new Public Works Act will be introduced Wednesday in the Legislature, said Community Safety Minister Madeleine Meilleur.
The bill, created out of recommendations of former chief justice Roy McMurtry, will be far narrower in scope, addressing only power plant and court security issues.
“It will be limited because we are following Judge McMurtry’s advice and according to him the … criminal code covers the rest,” Meilleur said Wednesday.
The bill will allow people to be asked for identification and to show their bags when they enter court buildings.
During the June 2010 Toronto G20 summit, the obscure 1939 Public Works Protection Act, enacted to secure against Nazi saboteurs early in World War II, was used to quietly pass a regulation giving police broad powers of arrest.
That directive was merely supposed to clarify police powers within the secure summit site at the Metro Toronto Convention Centre, but people were misled into believing it applied to an area five metres outside the cordoned-off zone.
While only two of the 1,105 arrests made during the G20 related to the act, there was widespread outcry over the so-called secret law.
“This was an occasion for us to review legislation passed in the middle of the Second World War,” said Meilleur, who did not offer an apology for what many civil liberties groups felt was an abuse of power.
Progressive Conservative Leader Tim Hudak said the Liberals “lost touch” with the public by using a World War II-era law to round up people during the summit.
“Nobody forced them to bring in the secret law at the G20. Nobody forced their arm,” said Hudak. “It was a major scandal for the province.”
NDP Leader Andrea Horwath said the new law is an “admission” of failure on the part of the Liberal government.
“They made a big mistake when they were preparing for the G20 and they’re ignoring the fact that mistake trampled people’s civil rights, civil liberties,” said Horwath.
“This is why we were concerned with the G20 situation in the first place because we didn’t think the law was necessary. If there’s going to be a protest, there’s going to be a protest.”
McMurtry’s 54-page report on the old law noted the “potential for abuse” was “beyond troubling” and said it was a “loaded weapon” that threatened civil liberties.
Under the act, police or private security guards do not have to justify their actions against citizens, he pointed out.
The Liberals are replacing the confusing ‘secret law’ police used to place hundreds of people under arrest during the G20 summit in 2010.
The new Public Works Act will be introduced Wednesday in the Legislature, said Community Safety Minister Madeleine Meilleur.
The bill, created out of recommendations of former chief justice Roy McMurtry, will be far narrower in scope, addressing only power plant and court security issues.
“It will be limited because we are following Judge McMurtry’s advice and according to him the … criminal code covers the rest,” Meilleur said Wednesday.
The bill will allow people to be asked for identification and to show their bags when they enter court buildings.
During the June 2010 Toronto G20 summit, the obscure 1939 Public Works Protection Act, enacted to secure against Nazi saboteurs early in World War II, was used to quietly pass a regulation giving police broad powers of arrest.
That directive was merely supposed to clarify police powers within the secure summit site at the Metro Toronto Convention Centre, but people were misled into believing it applied to an area five metres outside the cordoned-off zone.
While only two of the 1,105 arrests made during the G20 related to the act, there was widespread outcry over the so-called secret law.
“This was an occasion for us to review legislation passed in the middle of the Second World War,” said Meilleur, who did not offer an apology for what many civil liberties groups felt was an abuse of power.
Progressive Conservative Leader Tim Hudak said the Liberals “lost touch” with the public by using a World War II-era law to round up people during the summit.
“Nobody forced them to bring in the secret law at the G20. Nobody forced their arm,” said Hudak. “It was a major scandal for the province.”
NDP Leader Andrea Horwath said the new law is an “admission” of failure on the part of the Liberal government.
“They made a big mistake when they were preparing for the G20 and they’re ignoring the fact that mistake trampled people’s civil rights, civil liberties,” said Horwath.
“This is why we were concerned with the G20 situation in the first place because we didn’t think the law was necessary. If there’s going to be a protest, there’s going to be a protest.”
McMurtry’s 54-page report on the old law noted the “potential for abuse” was “beyond troubling” and said it was a “loaded weapon” that threatened civil liberties.
Under the act, police or private security guards do not have to justify their actions against citizens, he pointed out.
Monday, February 20, 2012
Drummond Report Ontario justice system
The report’s recommendations include:
1. Improving evidence-based data collection to achieve better outcomes in justice programs.
2. Increasing the use of the Justice On Target program to assist with the reduction of custody remand, and implement evidence-based approaches to increase efficiency in the field of family law and family courts.
3. Expanding diversion programs for low-risk, non-violent offenders with mental illness as an alternative to incarceration.
4. Reviewing the core responsibilities of police to eliminate their use in non-core duties. This review would include an examination of alternative models of police service delivery. Criteria for the review would include determining the relative costs of the various security providers and an evaluation of their respective comparative advantages.
5. Using alternative service delivery for non-core services within correctional facilities, where feasible.
6. Continuing the process of clustering adjudicative tribunals across the Ontario Public Service.
7. Examining integration opportunities and consolidate where possible public safety training in policing, fire services and correctional services, which are currently delivered individually through their respective colleges.
8. Having the justice sector continue to work with Infrastructure Ontario to use alternative financing and procurement to assist in replenishing its capital infrastructure.
9. Improving co-ordination between federal and provincial governments in areas such as justice policy and legislation, law enforcement and correctional services.
10. Negotiating the transfer of responsibility for incarceration for sentences longer than six months to the federal government.
If the recommendations are not implemented, Ontarians could expect to see further deterioration of its courthouses and facilities. Courthouses will also be plagued by an increasing workload. Drummond estimates the federal omnibus crime bill will require an additional $22 million per year in additional costs.
“Moving forward, the justice sector faces fiscal challenges that will need to be addressed to bend down the cost curve for justice services,” the report says. “Key challenges facing the sector include compensation, increasing remand costs, infrastructure costs, the impact of federal legislation and greater expectations from the public for justice-related services.”
According to the report, Ontario is grappling not only with an increasingly strained court system but also overcrowded provincial jails, as well as an increase in family court matters.
“The public expects more from its justice system than it previously did...The justice sector will need to transform its service delivery and find efficiencies while ensuring public confidence.” Drummond said in the report. “Ontario’s finances do not yet constitute a crisis, and with early strong action a crisis can be averted.”
To view the complete report, visit the Ontario Ministry of Finance's web site.
1. Improving evidence-based data collection to achieve better outcomes in justice programs.
2. Increasing the use of the Justice On Target program to assist with the reduction of custody remand, and implement evidence-based approaches to increase efficiency in the field of family law and family courts.
3. Expanding diversion programs for low-risk, non-violent offenders with mental illness as an alternative to incarceration.
4. Reviewing the core responsibilities of police to eliminate their use in non-core duties. This review would include an examination of alternative models of police service delivery. Criteria for the review would include determining the relative costs of the various security providers and an evaluation of their respective comparative advantages.
5. Using alternative service delivery for non-core services within correctional facilities, where feasible.
6. Continuing the process of clustering adjudicative tribunals across the Ontario Public Service.
7. Examining integration opportunities and consolidate where possible public safety training in policing, fire services and correctional services, which are currently delivered individually through their respective colleges.
8. Having the justice sector continue to work with Infrastructure Ontario to use alternative financing and procurement to assist in replenishing its capital infrastructure.
9. Improving co-ordination between federal and provincial governments in areas such as justice policy and legislation, law enforcement and correctional services.
10. Negotiating the transfer of responsibility for incarceration for sentences longer than six months to the federal government.
If the recommendations are not implemented, Ontarians could expect to see further deterioration of its courthouses and facilities. Courthouses will also be plagued by an increasing workload. Drummond estimates the federal omnibus crime bill will require an additional $22 million per year in additional costs.
“Moving forward, the justice sector faces fiscal challenges that will need to be addressed to bend down the cost curve for justice services,” the report says. “Key challenges facing the sector include compensation, increasing remand costs, infrastructure costs, the impact of federal legislation and greater expectations from the public for justice-related services.”
According to the report, Ontario is grappling not only with an increasingly strained court system but also overcrowded provincial jails, as well as an increase in family court matters.
“The public expects more from its justice system than it previously did...The justice sector will need to transform its service delivery and find efficiencies while ensuring public confidence.” Drummond said in the report. “Ontario’s finances do not yet constitute a crisis, and with early strong action a crisis can be averted.”
To view the complete report, visit the Ontario Ministry of Finance's web site.
Sunday, February 19, 2012
The most deadly type of ovarian cancer often starts outside the ovary.
The most deadly type of ovarian cancer often starts outside the ovary, causes symptoms, and has the potential to be diagnosed early enough to be treated effectively. These are the findings of the DOvE (Diagnosing Ovarian Cancer Early) study, led by a research team from the McGill University Health Centre (MUHC) and published in The Lancet Oncology. The study has major implications for women around the world and could revolutionize the way this disease is diagnosed.
“Our results show that women over 50 years with vague symptoms (such as bloating, urinary frequency, and abdominal or pelvic discomfort) are about 10 times more likely to have ovarian cancer than women without symptoms. But the most startling finding is that the deadliest type of ovarian cancer, high grade serous cancer (HGSC), which accounts for 90% of deaths, often starts in the Fallopian tubes rather than in the ovaries,” says Dr. Lucy Gilbert, Director of Gynecologic Oncology at the MUHC, and principal investigator of the DOvE study, which has been running at the Research Institute of the MUHC for the past 4 years.
“As the killer variety of ovarian cancer is not really cancer of the ovary, we have to rethink the current diagnostic test, or these cancers will be missed,” says Dr. Gilbert who is also an Associate Professor of Medicine at McGill University. “Put bluntly, we had the name wrong, the staging wrong, and the diagnostic testing wrong. It is no wonder we have lost so many lives to this disease.”
The DOvE project was initiated in May 2008 with the aim of assessing symptomatic women for ovarian cancer at the earliest possible stage, when the chances of recovery are highest. During the pilot phase of the study, 1,455 women aged 50 years or more who presented with symptoms, were carefully assessed. As a result, cancers were diagnosed earlier, when 73% of women could benefit from complete surgery, leaving no visible disease. This is not usually feasible in HGSC.
Each year 216,000 women worldwide are diagnosed with ovarian cancer, and 70% of them will die unless we act on the information we have without delay. We encourage healthcare professionals around the world to be aware that high grade serous cancer often starts in the Fallopian tubes. So the traditional tests – ultrasound scan of the ovaries and the one-off Ca125 blood test – are not enough to diagnose HGSC in time.
”In Montreal, we are setting up a network of 12 satellite clinics. This way we facilitate access to testing for women who have symptoms, but the tests are interpreted centrally at the MUHC to ensure that no cancer is missed and at the same time unnecessary operations are avoided,” says Dr. Gilbert. A map identifying the 12 satellite centres (including the main DOvE centre) is attached.
About the study
Investigators include Olga Basso, Claudia Martins, Jing Feng, Ilia Pacili, Sabrina Piedimonte, Louise Quintal, Agnihotram V Ramanakumar, Janet Takefman, Maria S Grigorie, Giovanni Artho, Natacha Albarracin, Srinivasan Krishnamurthy (all from the McGill University Health Centre); Igor Karp (University of Montreal and University of Montreal Hospital Research Centre); John Sampalis (MUHC & JSS Medical Research Inc.) and members of the DOvE Study Group.
Co-investigators/ collaborators from the satellite clinics : Dr Paul Vezina (Clinique médicale du Haut-Anjou), Dr Luis-Marie Simard (Lachine Hôpital, 650 16eme avenue, Lachine), Dr Michel Welt (Hôpital du Sacré-Coeur De Montréal), Dr. Louise Quintal (St Lambert & Queen Elizabeth Health Complex), Dr Robert Hemmings (St Mary’s Hospital), Dr Hanaa Zacharia (Clinique-Plein Ciel, De la Cote-Vertu, Ville St-Laurent), Drs Richard Germain & Daniel Saxon (Lakeshore General Hospital), Dr Louise Desserault (Clinique Familiale Pas-à-Pas), Ms. Phaneuf Manon (Maurice Duplessis), Dr Guido Colantoni (Polyclinique Cabrini), Dr Christian Lauriston (Clinique Perrier), Dr Adele Adjami (Centre Médical Saint-Henri)
This research was supported by grants from Canadian Institutes of Health Research, Montreal General Hospital Foundation, Royal Victoria Hospital Foundation, Cedar’s Cancer Institute, and La Fondation du Cancer Monique Malenfant-Pinizzotto
About ovarian cancer
Symptoms include: feeling full after eating only a few bites or loss of appetite, change of bowel habits, bloating, distension of abdomen, clothes around the waist feel too tight, feel an abdominal mass, weight loss, but not because of dieting, nausea, vomiting heartburn, gas, burping, indigestion, increased urinary frequency, need to urinate more urgently, pressure on the bladder, burning sensation when urinating, need to urinate but unable to do so, unable to empty bladder completely, feeling full after urinating, vaginal discharge, bleeding, spotting, deep pain on intercourse, Discomfort or pain in the abdomen, pelvic region, or lower back.
Related links:
McGill University Health Centre (MUHC): http://www.muhc.ca/
Research Institute of the MUHC (RI MUHC): www.cusm.ca/research/dashboard
McGill University: www.mcgill.ca
Canadian Institutes of Health Research (CIHR): http://www.cihr-irsc.gc.ca/
“Our results show that women over 50 years with vague symptoms (such as bloating, urinary frequency, and abdominal or pelvic discomfort) are about 10 times more likely to have ovarian cancer than women without symptoms. But the most startling finding is that the deadliest type of ovarian cancer, high grade serous cancer (HGSC), which accounts for 90% of deaths, often starts in the Fallopian tubes rather than in the ovaries,” says Dr. Lucy Gilbert, Director of Gynecologic Oncology at the MUHC, and principal investigator of the DOvE study, which has been running at the Research Institute of the MUHC for the past 4 years.
“As the killer variety of ovarian cancer is not really cancer of the ovary, we have to rethink the current diagnostic test, or these cancers will be missed,” says Dr. Gilbert who is also an Associate Professor of Medicine at McGill University. “Put bluntly, we had the name wrong, the staging wrong, and the diagnostic testing wrong. It is no wonder we have lost so many lives to this disease.”
The DOvE project was initiated in May 2008 with the aim of assessing symptomatic women for ovarian cancer at the earliest possible stage, when the chances of recovery are highest. During the pilot phase of the study, 1,455 women aged 50 years or more who presented with symptoms, were carefully assessed. As a result, cancers were diagnosed earlier, when 73% of women could benefit from complete surgery, leaving no visible disease. This is not usually feasible in HGSC.
Each year 216,000 women worldwide are diagnosed with ovarian cancer, and 70% of them will die unless we act on the information we have without delay. We encourage healthcare professionals around the world to be aware that high grade serous cancer often starts in the Fallopian tubes. So the traditional tests – ultrasound scan of the ovaries and the one-off Ca125 blood test – are not enough to diagnose HGSC in time.
”In Montreal, we are setting up a network of 12 satellite clinics. This way we facilitate access to testing for women who have symptoms, but the tests are interpreted centrally at the MUHC to ensure that no cancer is missed and at the same time unnecessary operations are avoided,” says Dr. Gilbert. A map identifying the 12 satellite centres (including the main DOvE centre) is attached.
About the study
Investigators include Olga Basso, Claudia Martins, Jing Feng, Ilia Pacili, Sabrina Piedimonte, Louise Quintal, Agnihotram V Ramanakumar, Janet Takefman, Maria S Grigorie, Giovanni Artho, Natacha Albarracin, Srinivasan Krishnamurthy (all from the McGill University Health Centre); Igor Karp (University of Montreal and University of Montreal Hospital Research Centre); John Sampalis (MUHC & JSS Medical Research Inc.) and members of the DOvE Study Group.
Co-investigators/ collaborators from the satellite clinics : Dr Paul Vezina (Clinique médicale du Haut-Anjou), Dr Luis-Marie Simard (Lachine Hôpital, 650 16eme avenue, Lachine), Dr Michel Welt (Hôpital du Sacré-Coeur De Montréal), Dr. Louise Quintal (St Lambert & Queen Elizabeth Health Complex), Dr Robert Hemmings (St Mary’s Hospital), Dr Hanaa Zacharia (Clinique-Plein Ciel, De la Cote-Vertu, Ville St-Laurent), Drs Richard Germain & Daniel Saxon (Lakeshore General Hospital), Dr Louise Desserault (Clinique Familiale Pas-à-Pas), Ms. Phaneuf Manon (Maurice Duplessis), Dr Guido Colantoni (Polyclinique Cabrini), Dr Christian Lauriston (Clinique Perrier), Dr Adele Adjami (Centre Médical Saint-Henri)
This research was supported by grants from Canadian Institutes of Health Research, Montreal General Hospital Foundation, Royal Victoria Hospital Foundation, Cedar’s Cancer Institute, and La Fondation du Cancer Monique Malenfant-Pinizzotto
About ovarian cancer
Symptoms include: feeling full after eating only a few bites or loss of appetite, change of bowel habits, bloating, distension of abdomen, clothes around the waist feel too tight, feel an abdominal mass, weight loss, but not because of dieting, nausea, vomiting heartburn, gas, burping, indigestion, increased urinary frequency, need to urinate more urgently, pressure on the bladder, burning sensation when urinating, need to urinate but unable to do so, unable to empty bladder completely, feeling full after urinating, vaginal discharge, bleeding, spotting, deep pain on intercourse, Discomfort or pain in the abdomen, pelvic region, or lower back.
Related links:
McGill University Health Centre (MUHC): http://www.muhc.ca/
Research Institute of the MUHC (RI MUHC): www.cusm.ca/research/dashboard
McGill University: www.mcgill.ca
Canadian Institutes of Health Research (CIHR): http://www.cihr-irsc.gc.ca/
Saturday, February 18, 2012
Incidents and accidentsThe A380 has been involved in one aviation occurrence and no hull-loss accidents as of January 2012[update]
Incidents and accidentsThe A380 has been involved in one aviation occurrence and no hull-loss accidents as of January 2012[update].[225][226]
On 4 November 2010, Qantas Flight 32, en route from Singapore Changi Airport to Sydney Airport, suffered an uncontained engine failure, resulting in a series of related problems, and forcing the flight to return to Singapore. There were no injuries to the passengers, crew or people on the ground despite debris falling onto the Indonesian island of Batam.[227] The A380 was damaged sufficiently for the event to be classified as an accident.[228] Qantas subsequently grounded all of its A380s that day subject to an internal investigation taken in conjunction with the engine manufacturer Rolls-Royce plc. Other operators of Rolls-Royce-powered A380s were also affected. Investigators later determined the cause of the explosion to be an oil leak in the Trent 900 engine.[229]
On 4 November 2010, Qantas Flight 32, en route from Singapore Changi Airport to Sydney Airport, suffered an uncontained engine failure, resulting in a series of related problems, and forcing the flight to return to Singapore. There were no injuries to the passengers, crew or people on the ground despite debris falling onto the Indonesian island of Batam.[227] The A380 was damaged sufficiently for the event to be classified as an accident.[228] Qantas subsequently grounded all of its A380s that day subject to an internal investigation taken in conjunction with the engine manufacturer Rolls-Royce plc. Other operators of Rolls-Royce-powered A380s were also affected. Investigators later determined the cause of the explosion to be an oil leak in the Trent 900 engine.[229]
Friday, February 17, 2012
B.C. courts see more cases tossed ... Accused internet sex predator and drunk driver walk free due to delays
Four more suspected criminals — including an accused Internet child predator and an alleged drunk driver — have escaped convictions because of the bloated caseload of British Columbia's courts, prompting one judge to issue a direct attack on Premier Christy Clark and her government's handling of the matter.
In one ruling out of New Westminster, B.C., Judge Daniel Steinberg called the current state of the provincial court in B.C. "abysmal."
"There are no amount of press releases or talk show appearances that are going to fix the over-stretched limits of our institutional resources," Steinberg said in a ruling posted Wednesday on the provincial court website.
"There is only one course of action that will fix the current situation and that is action, not words."
Clark, a former radio talk show host, appeared on her old station's airwaves Monday to discuss her government's priorities, including the conundrum in the justice system. Steinberg's decision is dated Jan. 25 and was posted Wednesday on the provincial court website.
Last week, Clark promised a complete review of the court system to discover why delays and costs are increasing while crime goes down.
Five-month review
Suggested solutions for the problem are at least five months away as lawyer Geoffrey Cowper investigates the problem. But in the meantime, hundreds of cases may be timing out of the system.
Steinberg stayed charges against David Blattler — who was accused of attempting to lure an underage teenager over the Internet — because he'd waited 27 months for his case to get to trial.
"I find that the consequences of the government's decision-making and priority-setting have meant the creation in this case, as in many others, of an intolerable delay that offends the ... [Charter of Rights]," he concluded.
"It offends the very real need ... to suppress predatory behaviour on the Internet."
In Chillwack, Judge Wendy Young stayed the case of Wilfred Friesen who was accused of drunk driving because his trial took almost three years to get to court.
And earlier this week in Kelowna, Judge Robin Smith threw out marijuana cultivation charges against Lin To and her brother Quo To because they had waited years to get their day in court.
Smith said the government has a constitutional obligation to provide sufficient resources to prevent unreasonable delays.
"This is a pretty simple, straight-forward case that ought not require 23 months of systemic delays to be heard just because resources aren't available to have it heard earlier."
Smith brushed off the government announcement last week that nine new judges had been appointed, saying it only replaces retiring judges.
Even with the nine new appointments, there are still 14 fewer judges working in the B.C. courts than there were in 2005.
Backlog growing
The backlog of cases is still growing.
Statistics show there are more than 7,000 provincial court criminal cases that have been pending for a year or more and over 2,000 cases have been waiting in the system for 18 months.
B.C. New Democrat Leader Adrian Dix said the delays are the direct result of years of inaction by the government.
"It didn't happen overnight," Dix told the legislature. "It's one thing to complain about judges, which is apparently what the government is doing. It's another thing to take the issue seriously and the government hasn't."
Clark said her government is taking real action and that includes the appointment of 23 new judges recently, hiring new sheriffs, more money for legal aid and more money for jail capacity in the Interior.
"That is a substantial investment in a system that needs it," she said. "Because stays and delays are unacceptable for victims, they're unacceptable for society, no one wants the system to work that way."
Cowper's review is expected to look for efficiencies and how to accelerate the court process and is expected to be completed by July.
The provincial government spends about $1.4 billion dollars a year on the justice system.
In one ruling out of New Westminster, B.C., Judge Daniel Steinberg called the current state of the provincial court in B.C. "abysmal."
"There are no amount of press releases or talk show appearances that are going to fix the over-stretched limits of our institutional resources," Steinberg said in a ruling posted Wednesday on the provincial court website.
"There is only one course of action that will fix the current situation and that is action, not words."
Clark, a former radio talk show host, appeared on her old station's airwaves Monday to discuss her government's priorities, including the conundrum in the justice system. Steinberg's decision is dated Jan. 25 and was posted Wednesday on the provincial court website.
Last week, Clark promised a complete review of the court system to discover why delays and costs are increasing while crime goes down.
Five-month review
Suggested solutions for the problem are at least five months away as lawyer Geoffrey Cowper investigates the problem. But in the meantime, hundreds of cases may be timing out of the system.
Steinberg stayed charges against David Blattler — who was accused of attempting to lure an underage teenager over the Internet — because he'd waited 27 months for his case to get to trial.
"I find that the consequences of the government's decision-making and priority-setting have meant the creation in this case, as in many others, of an intolerable delay that offends the ... [Charter of Rights]," he concluded.
"It offends the very real need ... to suppress predatory behaviour on the Internet."
In Chillwack, Judge Wendy Young stayed the case of Wilfred Friesen who was accused of drunk driving because his trial took almost three years to get to court.
And earlier this week in Kelowna, Judge Robin Smith threw out marijuana cultivation charges against Lin To and her brother Quo To because they had waited years to get their day in court.
Smith said the government has a constitutional obligation to provide sufficient resources to prevent unreasonable delays.
"This is a pretty simple, straight-forward case that ought not require 23 months of systemic delays to be heard just because resources aren't available to have it heard earlier."
Smith brushed off the government announcement last week that nine new judges had been appointed, saying it only replaces retiring judges.
Even with the nine new appointments, there are still 14 fewer judges working in the B.C. courts than there were in 2005.
Backlog growing
The backlog of cases is still growing.
Statistics show there are more than 7,000 provincial court criminal cases that have been pending for a year or more and over 2,000 cases have been waiting in the system for 18 months.
B.C. New Democrat Leader Adrian Dix said the delays are the direct result of years of inaction by the government.
"It didn't happen overnight," Dix told the legislature. "It's one thing to complain about judges, which is apparently what the government is doing. It's another thing to take the issue seriously and the government hasn't."
Clark said her government is taking real action and that includes the appointment of 23 new judges recently, hiring new sheriffs, more money for legal aid and more money for jail capacity in the Interior.
"That is a substantial investment in a system that needs it," she said. "Because stays and delays are unacceptable for victims, they're unacceptable for society, no one wants the system to work that way."
Cowper's review is expected to look for efficiencies and how to accelerate the court process and is expected to be completed by July.
The provincial government spends about $1.4 billion dollars a year on the justice system.
Thursday, February 16, 2012
University says it is reviewing the findings of a major research project into the asbestos industry and cancer caused by exposure to the fibrous material.
MONTREAL - McGill University says it is reviewing the findings of a major research project into the asbestos industry and cancer caused by exposure to the fibrous material.
David Eidelman, the university's dean of medicine, says allegations in a CBC report that several decades of research led by J. Corbett McDonald could have been influenced by the asbestos industry must be taken seriously.
But he also says holding scientific views different from those of the majority does not constitute research misconduct.
McDonald, who is now retired, began studying mortality rates associated with asbestos in 1966, looking at about 11,000 Quebec miners and millers of chrysotile, an asbestos fibre.
He and his research team published a series of studies between 1971 to 1998 which were funded in part by the Institute of Occupational and Environmental Health of the Quebec Mining Association, something which McDonald acknowledged.
While Eidelman says McDonald drew different conclusions about the safe use of asbestos from some current-day authorities, he did demonstrate that asbestos is a carcinogen associated with lung cancer and mesothelioma.
Eidelman says McGill researchers perform their work to the highest ethical standards and the university is not currently getting any funding from the asbestos industry.
David Eidelman, the university's dean of medicine, says allegations in a CBC report that several decades of research led by J. Corbett McDonald could have been influenced by the asbestos industry must be taken seriously.
But he also says holding scientific views different from those of the majority does not constitute research misconduct.
McDonald, who is now retired, began studying mortality rates associated with asbestos in 1966, looking at about 11,000 Quebec miners and millers of chrysotile, an asbestos fibre.
He and his research team published a series of studies between 1971 to 1998 which were funded in part by the Institute of Occupational and Environmental Health of the Quebec Mining Association, something which McDonald acknowledged.
While Eidelman says McDonald drew different conclusions about the safe use of asbestos from some current-day authorities, he did demonstrate that asbestos is a carcinogen associated with lung cancer and mesothelioma.
Eidelman says McGill researchers perform their work to the highest ethical standards and the university is not currently getting any funding from the asbestos industry.
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