The Blog

Justin Tetreault: Mayor Ford's Reckless Firing Won't Come Cheap

2012-02-23T00:09:51Z

The ongoing saga between Gary Webster and the Toronto Transit Commission (TTC) provides a useful example to both employers and employees about the standard of misconduct necessary to terminate an employee for cause and the potential financial consequences of firing an employee absent just cause.

At a special TTC board meeting on Tuesday, Gary Webster, Chief General Manager of the TTC, was terminated "without cause." On Sunday, the Toronto Star quoted Frank Di Giorgio, a Toronto city councillor and TTC commissioner, as saying that up to five TTC managers could be removed for not "respecting the office of the mayor."

In Webster's case, the dispute centred around his level of support, or more accurately his lack of support for Mayor Rob Ford's transit plan. The plan envisions scrapping the above-ground light rail transit (LRT)-based Transit City plan in favour of building more subways and placing the LRT tracks underground.

At the special city council meeting on February 8, Webster answered questions from councillors and expressed his disagreement with Mayor Ford's plan, stating that above-ground LRTs provided a better value for money than subways and would fully accommodate anticipated passenger loads.

This stance appears to have upset Mayor Ford and his supporters on the TTC board, who considered Webster's future with the TTC and decided that he didn't have one.

Putting aside the subway vs. streetcar debate, one question that many people might have about this situation is: Can the TTC fire Gary Webster for disagreeing with the Mayor?

The short answer to that question is "Yes." The slightly longer answer is "Yes, but it is going to cost them."

The reality is that under Canadian law, an employee can be fired at any time, for any reason, except if that reason violates legislation, such as human rights. The caveat to this is that if an employer decides to terminate an employee's employment without just cause, the employee is entitled to reasonable notice of their dismissal, or (more often) pay in lieu of notice.

An oft-quoted description of the circumstances that can amount to just cause is found in the Ontario Court of Appeal's decision in R. v. Arthurs, ex parte Port Arthur Shipbuilding Co.:

serious misconduct, habitual neglect of duty, incompetence, or conduct incompatible with his duties, or prejudicial to the employer's business, or if he has been guilty of wilful disobedience to the employer's orders in a matter of substance...

While some might argue that Webster has been disobedient to Mayor Ford by not supporting Ford's transit plans and building a case for subways, that argument would be unlikely to succeed in court. The obligation to prove cause falls on the employer and is a heavy burden to meet, especially in the case of long-service employees such as Webster, who has been with the TTC since 1975.

It is also important to consider that Webster, as Chief General Manager, is not accountable to Mayor Ford, but to the TTC board and city council as a whole, who, incidentally, supported Webster's opinion. While some TTC commissioners may disagree with the opinion provided by Webster, it appears that he provided it in good faith and in accordance with his duties.

In these circumstances, Webster's conduct falls well short of establishing just cause for his dismissal. It appears that the TTC board agreed with this analysis because the motion removing Webster from his post stated explicitly that he was being dismissed without just cause.

While the TTC is entitled to fire Webster, he will be entitled to financial compensation. In this regard, the estimates thrown out by Councillors Josh Matlow and Karen Stintz of $500,000 are likely not far off the mark. There is no set formula to determine the notice or pay in lieu of notice to which an employee is entitled upon being dismissed without cause.

Instead, the court balances a number of factors including the employee's age, position, salary, years of service, and the availability of similar employment. Given Webster's age, his 36 years of service, salary of $281,931.37, senior position of Chief General Manager, and the lack of similar jobs, Webster is likely entitled to compensation comprising his salary, bonus, and benefits, that he would have earned over a period of reasonable notice which would be at or near the maximum period typically awarded by the courts of 24 months (two years).

The lesson for employers and employees about this situation is that it is important for both parties to understand their rights. While an employer has the right to manage its workforce and dismiss employees even without cause, employees have a corresponding right to reasonable notice, or pay in lieu of notice, which in the case of long-service, high-salaried employees such as Gary Webster, can be significant .

Franca Sozzani: Queen Elizabeth II by Cecil Beaton

2012-02-22T21:23:16Z

The exhibition for The Queen's Diamond Jubilee held at the Victoria and Albert Museum in London, illustrates a long period in the history of England through the portraits of young Elizabeth realized by Cecil Beaton from the '30s to the '60s.

Everything had started years earlier, when Elizabeth, Queen Consort of King George VI, appointed Cecil Beaton to take portraits of the family and the very young princesses, as Cecil Beaton recalled in his diaries. Besides the pictures, letters, notes and invitations illustrate the long-lasting friendships, which bonded the queen to her favorite photographer. Also, her Coronation Day was entirely depicted by Cecil Beaton.

Elizabeth, the youngest queen since the era of Queen Victoria, is fascinating and truly beautiful. The portraits and the various phases of the ceremony are stunning and make us live again those moments, when three million people gathered between Buckingham Palace and Westminster Abbey. The portraits are glamorous, featuring the queen holding the scepter and wearing the crown and the ermine cloak -- unique shots that, viewed all together, represent the country's history of costume, besides that of a nation.

Prince Charles was born in 1948, followed by his other brothers and sisters. Queen Elizabeth is portrayed like any other mother, contrasting with the regality and pomp of Coronation Day pictures. Also on show is the official portrait for the National Portrait Gallery, where the queen is wearing the austere admiral's boat cloak with gold buttons -- simple and still modern today, as if time had not passed.

Over the years, Cecil Beaton took more than 500 photographs for the National Portrait Gallery, with family life moments and official events alternating through the years. From the point of view of fashion, the queen wears many ensembles with a regal style and simplicity. Pictured as a young princess she is wearing an embroidered dress with an ample floral skirt and a double-strand pearl necklace. After her engagement, she is donning a simpler dress, and her pearls again, which will remain a regular feature in her life; and as the queen, wearing the cloak of the Sovereign of the Order of the Garter.

It's a must-see exhibition for its historical significance, for the powerfulness of the queen's figure, her attitude, her poses, her smiles and her inimitable gaze, as well as for the importance of Cecil Beaton as a photographer. Like a story illustrated by pictures that unveil a long history of queens and princesses, castles in the countryside, joys and wars, dream-like gowns and more ordinary kilts and headscarves -- the history of a woman, the history of the queen.

Kolby Solinsky: The Hollywood Formula Hockey Should Avoid

2012-02-22T20:52:47Z

For Ocean's Eleven, and I guess, Ocean's Thirteen, the formula worked...

Let's get George Clooney and Brad Pitt. Clooney kind of looks like Cary Grant and he's not that big yet (this was 2001, after all), and we feel that Pitt can do more than just look good for a fly fisherman. Then, we'll get Matt Damon, who's a rising star and hasn't done a lot since winning the Oscar for Best Original Screenplay in 1998. Then,we'll sign Julia Roberts and, even though she's a $20 million/film actress, we'll get her to take less money... because, this is for Frank, and she should respect that. (Although Frank would have always taken the money.) Then we'll get Don Cheadle, Ben Affleck's brother, James Caan's son, and Andy Garcia... just in time to resurrect Andy's career. We'll get Monica Geller's dad and Carl Reiner, because every movie is made better by old actors that you kind of know but never knew well enough to remember their names (i.e. 'Monica Geller's dad') and can spin as 'legends of cinema.' (You know, like Peter Boyle in Everybody Loves Raymond and Alan Arkin in Little Miss Sunshine).
Throughout the series -- assuming this becomes a series because Jerry Weintraub is producing it -- we'll get Catherine Zeta-Jones, Al Pacino, and Ellen Barkin (another aging 'legend') and we'll throw them into the mix.

Gold, Jerry! Gold!

In cinema, this is the formula for a successful film -- providing, of course, that people dig the film. Ocean's Eleven is possibly the best stacked cast film of all-time, considering that it spawned two sequels that weren't as good as the first yet still continued to make tons of money. And, it was enjoyable.

Too often, high-budget films with casts that read like an IMDB Top 200 forget to be the one thing that movies have to be -- enjoyable. That's why nobody went to see How Do You Know. It's why Woody Allen couldn't nail the box office until Midnight in Paris this past year.

Sometimes, you need to go back to basics. In hockey -- in the NHL -- the epidemic is contagious.

Mike Richards is Exhibit A. Still a fantastic player, Richards was traded in June to Los Angeles from Philadelphia in the offseason, losing his captaincy and filing into ranks in an already well-thought-out roster. In a lineup that already included captain Dustin Brown, Anze Kopitar, Simon Gagne, and defencemen Drew Doughty and Jack Johnson, Richards was just another face in an assembled list of stars. His violently physical antics were tolerated in Philadelphia because he was the captain, the face of the franchise, and the 21st-century's Bobby Clarke.

In L.A., meh.

Richards lost his identity along with his "C" and he's become someone else's shadow.

The book's not closed on Los Angeles, but things will need to turn around quickly for them to make a run at the Cup. Their 1-0 loss to Calgary on Saturday was a microcosm for how their season has unfolded. A lot of pressure and a lot of time in the offensive zone, with Richards and Kopitar swarming the net like bees above a child's summer birthday party.

L.A. has also become ground zero for the Ocean's Eleven parallel universe, because the Kings and Rangers have been nailed as the two frontrunners to grab The Columbus Blue Jacket's captain Rick Nash before March's trade deadline. (Although, you heard it here first, he won't be traded.) If you bring in Rick Nash, the Kings become more terrifying than they already are... on paper. Like Marian Hossa's exodus to Pittsburgh in 2008, it makes L.A. a moveable feast.

But, like Hossa, Nash's numbers will slump as much like Richards's have. If the gamble pays off, then voila! But, wouldn't they have as good of a chance to win with somebody who could contribute the same amount of points? Rather, assists?

The Vancouver Canucks and Boston Bruins made the final last year with that ever-trending buzzword -- "depth." The Detroit Red Wings have done it time and time again, as well, and Chicago won in 2010 with a similar top-to-bottom presence. That said, it wasn't a Mike Richards or a Rick Nash winning those games.

For Boston, it was Rich Peverley, Brad Marchand, Michael Ryder, and Mark Recchi. Their only star player was Patrice Bergeron -- a great threat, but not somebody you'd think of in the same breath as Nash.

The Pittsburgh Penguins won with Max Talbot, Tyler Kennedy, Chris Kunitz, Miro Satan, and Ruslan Fedotenko.

How about the Chicago Blackhawks? Dustin Byfuglien (before he was an All-Star defenceman), Andrew Ladd, David Bolland, and Troy Brouwer... and Hossa.

Nobody's going to say that the Pens were better without Hossa, but it must have been easier to not have to pass the puck to the same three guys all the time. Kennedy, Talbot, Satan, and Fedotenko could do their thing, and the Pittsburgh Penguins jelled with the roster they had.

It could have happened with Hossa, and it didn't. It did happen for Marian in Chicago, but there was no formula to the madness.

Assembled casts don't always work. The Rangers have figured that out, after years of trying to buy every big name free agent in the NHL. Now, after developing their talent from within, and by signing a couple chosen ones in Brad Richards and Marian Gaborik, the Rangers have been the best team in the NHL this season.

Hockey is not a game that bends to the will of individuals, and that's what makes the Stanley Cup the hardest trophy to win in sports. Hockey doesn't bend. Hockey doesn't break. Hockey makes you follow the rules and lets you know that you won't be able to pull a cookie from the jar before dinner.

Sure, you might end up with Ocean's Eleven. But, you could also end up with Ocean's Twelve.

*This article was originally posted on White Cover Magazine.

Marcia Sirota: How to Survive Being Dumped

2012-02-22T19:31:52Z

One of the worst things that can happen to a person is to be dumped. By "dumped" I mean when you're dating someone or in a relationship with them and then all of a sudden, they decide that they don't want to see you anymore.

It hurts to be rejected, and often, it makes you wonder what you did wrong. You might even begin to think that there's something unattractive or undesirable about you.

Being dumped can bring up a lot of self-doubt. You could start thinking that you're too fat or too scrawny; that you talk too much, or you're too quiet. You might imagine that you're not enough fun, or that you're not serious enough. All of these things are possible, but more than likely, the reasons that you were dumped were about the other person and not you.

There's a big difference between a breakup that's the result of a relationship that's been gradually deteriorating and a breakup that comes out of the blue. When things aren't going well with a couple, it's not such a big surprise when one person finally decides to pack it in. It might be disappointing (or perhaps a huge relief), but it's not a shock.

When someone you've been seeing suddenly ends things, however, you have to know that often the breakup is really about them. It's most likely the result of thoughts that had been rumbling around in their mind for a while. This might be a conscious process, but it's just as likely that it was all happening beneath the surface of their conscious awareness.

Understanding the mechanisms behind the sudden ending of a relationship might help you see that although no one is perfect, you don't necessarily have to blame yourself for a relationship going sour.

Of course, it always pays to look inward and ask yourself if indeed, there might have been something that you were doing that could have precipitated a breakup. If you were overly demanding, too clingy, extremely touchy, or unreasonable, these behaviours could have alienated the other person.

Other behaviours that might lead to a breakup include being too dramatic, seeing yourself as overly entitled, or being too pushy or passive. After a breakup, it's worth examining your actions so that you can learn from your mistakes and do better the next time.

If, however, you've searched your soul and can't find evidence of any off-putting behaviours, and you feel that you were warm, caring, and reasonable, you can probably rest assured that things have ended because of something to do with the other person.

So why would someone suddenly pull the plug on what seemed to be going well? Possibly, they have fears of intimacy, or maybe they don't want to be "tied down." Maybe they have unreasonable expectations of some sort of fantasy love object who'll fulfill all their co-dependency needs. Another reason might be indirectly related to you, though. The other person might see you as too smart, too competent or too capable.

They might be intimidated by your intelligence and abilities, and feel like you'll show them up. They might feel like they can't have the upper hand in a relationship with someone as clever as you. Perhaps they're a bit controlling and they realize that you're too self-confident and independent for them to be able to push you around. Maybe they're insecure and can't tolerate being around anyone as attractive and successful as you.

When the person you've been seeing can't handle who you are, dumping you is really a sign that they know that they won't be able to interact with you in the dysfunctional way they'd like to. If you've looked inside and can't see anything that you might have done to precipitate a breakup, it's highly likely that being dumped was an indication of how great you are, rather than your inadequacy.

If you want to survive being dumped, you need to stop beating yourself up. If there was something that you did that lead to the breakup, this is your opportunity to learn from your mistakes. If there was nothing that you did wrong, however, you should see that the person who dumped you has done you a favour. If they're unable to be with someone as great as you, you would have quickly discovered that they weren't someone you'd want to waste your time with, either.

Cameron Fenton: Rio+20: A Break-Up Destination for Idealistic Enviros

2012-02-22T19:31:32Z

It makes sense that environmentalists are placing a lot of stock in the Rio +20 conference.

After all, the first Rio Earth Summit was groundbreaking; it was a coming out party for modern environmental consciousness, and laid down the foundations for cornerstones of global ecological protection like the United Nations Convention on Biodiversity (CBD), and the United Nations Framework Convention on Climate Change (UNFCCC). It was the first large global recognition of the need for international climate action, and the need to preserve important resources like clean air and water.

This rosy image of Rio has led the environmental movement to place an unjustified -- almost frighteningly so -- amount of faith in this June's upcoming Rio +20 conference. The faith that many have progressively lost in the UNFCCC climate talks since Copenhagen has been shifted to Rio, with hopes that some new global eco-consciousness will break out this June.

This kind of blind faith is dangerous.

Now don't get me wrong: I would love to believe that the world's largest corporations, and most polluting governments, have the best interest of people at heart. And I would love to believe that Rio is a world of endless possibility, but lets face it: The track record isn't so great.
Even the vaunted success of the first Rio summit in creating the UNFCCC has failed to meet its expressed goal after 20 years -- meaningful global progress on climate change. This is not meant to ignore the great work of some of the other initiatives created at the Earth Summit, but the unfortunate reality is that without climate action, they are all Pyrrhic victories.

Saving species at risk is great, but on a planet four degrees warmer than today, everything is a species at risk.

The fundamental problem with the euphoria surrounding Rio is that it ignores the root causes of our globe's worst ecological crises. Take climate change for example. The lack of progress can be traced to two closely related root causes, a lack of political will and the power of the fossil fuel industry.

Unless I have unknowingly been living underneath a rock for the past few months, neither of these monolithic problems have been addressed, at least not since the last United Nations climate talks failed to produce progress in Durban. As a movement that has been through the failure of Copenhagen, we should know better.

But it's not all doom and gloom. In the worst polluting nations on earth, the power of the people is standing in the way of both political inaction and Big Oil. We have seen the unprecedented power of organizing protests against the expansion plans of Canada's tar sands, with two multi-billion dollar pipeline projects stalling in the face of popular resistance. We need to bridge the gap between this kind of organizing and Rio's blind faith politics. Rio may be destined to die, with corporations and big polluters acting as its executioners, but that doesn't mean we need to sink with the ship.

Valentine's day has come and gone, and now its time for us to break up with Rio and the United Nations. It is only when we realize that we do not need Rio or the UN to solve climate change that international progress may become possible. Our faith should not be in multilateralism, and international conferences, but rather, in each other, and in the power we can build together. Once we realize that, we will start building something so powerful that the impossible will become possible, and by Rio +30 we wont simply have blind faith, we will have the power.

Serda Evren: Neon Brights: How to Wear Spring's Hottest Trend to Work

2012-02-22T18:59:53Z

Despite the brief appearance of snow and a dip in temperatures, you may be feeling a spring in your step already. Walking around on Bloor Street in Toronto and window shopping, you'd think spring's arrival was imminent. Bright watermelon reds, deep sea corals, canary bird yellows and electric turquoises all made me want to shed my winter coat and the winter blahs and find a seat on a patio. Alas, we do have a few more weeks of winter. So what's with all the neon you ask? Well, it is the "it" colour this season. Big, bold, bright hues in every shade you can imagine. Of course, the majority of Canadians not working as fashion editors or stylists might be too intimidated to wear it to work, including me. So I decided to figure out subtle ways to incorporate this trend into my work wardrobe and feel confident walking down the street -- without resembling Big Bird. Here are some helpful tips on how you can embrace your inner Popsicle and make your colleagues neon green with envy.

(Blog continues after slideshow)

Go for a single solid colour
The truth is not everyone can pull off head-to-toe neon and feel confidant walking down the street. Don't try too much too soon. Start with a single solid colour that you already love. I'm a big fan of purple, for example. While shopping, look for a shade that is one or two tones brighter than what you'd normally wear. It's all about making a smooth transition from one shade to the next.

Match with colours you are comfortable with
Once you're comfortable with the brighter shade, don't attempt to match it to other bright colours or patterns. Instead try to match it to classic colours that you already have in your closet. Black, navy, white, brown for starters. If you wear suits everyday, then it's as simple as a bright coloured tank under the jacket. Throwing on a cardigan or a jean jacket will help to tone the colour down. You'll still pop. Don't worry.

These are not the '80s neons
When you hear the word "neon" you might automatically think of the 1980s and shudder at the thought of buying anything resembling that decade. The 2012 neons are different. They are grown-up, modern, soft and feminine. Don't automatically assume tacky colours. Peruse online and shop around. There is plenty of choice and a plethora of hues.

Don't forget to accessorize
One of the best ways to introduce pops of colour is through bags, shoes, jewellery, and watches, to name a few. Consider investing in a brightly coloured scarf to throw on with everything. Or wear a pair of bright socks with boots and roll up your jeans to show just a bit of colour. Go for neon pink sheer pantyhose. The possibilities are endless.

Try a graphic pattern with hints of neon
Look for patterns that combine classic colours with pops of neon throughout. This is a sure way to incorporate the trend in your wardrobe without feeling like the spotlight is on you.

For more on fashion and food, follow Serda @FashiontoFood.

Margaret Cho: It Gets Better: How I Overcame Childhood Bullying

2012-02-22T18:17:00Z

I was bullied pretty badly when I was a kid, the worst period falling between the ages of 10 and 14, I think. People tell me to get over it, and that I am an adult now, privileged and famous and constantly applauded not only in my primary field, stand-up comedy, but also in practically every endeavor I have chosen to devote myself to, from acting to burlesque bump-and-grind to songwriting. I am told I have no right to complain, and that may be true to some extent, the good in my life flowing in from all directions, satisfaction pulsing through me every second of the day, but I will never stop complaining until I am dead in the ground or even afterward, probably, if I can find a way back out of the light to complain about the afterlife. I will never stop complaining. It's kind of fun to me now, and looking back, I was treated so terribly that I don't feel I have the capacity to forgive. F*ck forgiveness and all that. I think that even Jesus would say, "Yeah I guess you do have a point..."

I was hurt because I was different, and so sharing my experience of being beaten and hated and called ugly and fat and queer and foreign and perverse and gluttonous and lazy and filthy and dishonest and yet all the while remaining invisible heals me, and heals others when they hear it -- those who are suffering right now. If you are going through this kind of sh*t today, try to remember that I lived through it and now thrive. I f*cking thrive.

My former bullies pay extra to come backstage and meet me after shows, and I pretend not to know them in front of their friends. It is the most divine pleasure to exact the revenge of the brutalized child that resides within. Don't consider suicide. Consider revenge. Consider what I get to do now. Know that this could be your life, too. Grow up and let anyone try to contend with the adult you. The grown-up you will be fearsome and tremendous, not only for all the pain you have endured but also because you have survived it. I cannot wait to meet you, tall and mighty in your grown glory. Stay here so we can eventually come together and be friends. Stay so you can tell me your story. I need to hear it.

I love the It Gets Better campaign, and I want to tell you that it not only gets better; it gets amazing, and don't leave before you can witness it firsthand. Stick around for awhile. The best stuff comes later in life. It just does. You'll see. You just have to trust me on this one, but you will be glad that you did.

There were a few things that saved me, like the young gay men my father employed at his bookstore, who would ride me on the back of their café racers, motorbikes that were butch yet classy as hell, built for speed first and beauty next. They'd tell my father that if I got tattoos, maybe then I would have friends, and this is true today, as if they had been telling me my fortune. I have tattoos, and I have many, many friends.

Music was like a hot bath I could escape into, steamy and warming me to the bone. I still am comforted greatly by sounds. Chord progressions and lyrics were my cliques and confidants. Songs sustained me more than I can say here, more than I can explain in words.

Comedy was the key to everything. I grew up fast and controlled my future by bringing it on faster than it naturally unfolded. I cheated myself out of a childhood but then got a running headstart into adulthood that no one else could keep up with.

All these things help me still, revive me when I feel weak, and remind me how far I have come and where I am going.

This post also appears at MargaretCho.com.

Will Straw, PhD: The Man Who Put the "Can" in CanCon

2012-02-22T17:34:34Z

I met Pierre Juneau -- the prominent Canadian civil servant who died this week -- only once or twice, but was struck on those occasions by the grace and generosity he showed towards researchers and students interested in his legacy. Juneau is best known, of course, for having presided over the Canadian Radio-Television and Telecommunications Commission (CRTC) in 1971, when that Federal body imposed Canadian Content regulations on radio broadcasters in order to promote Canadian music.

The Juno Awards -- our Grammys -- are named after Juneau, and it's easy to joke about a country that borrows the name of a career civil servant for one of its leading entertainment awards. It might be argued, though, that Juneau -- who at different points in his life ran the CRTC, the Canadian Broadcasting Corporation (CBC), the French division of the National Film Board and Federal Department of Communications -- exercised more influence on Canadian culture from the 1960s through the 1980s than anyone else.

When the idea of "Canadian Content" regulations for radio was first raised, outrage and resistance came from several quarters. Radio broadcasters claimed that Canadian recordings were of low technical quality and would turn off listeners, or that there simply weren't enough of them. Others wondered how regulators could possibly measure the "Canadianness" of music in order to determine a record's eligibility.

To its credit, the CRTC resisted the temptation to identify Canadian themes or an essential Canadian sound in order to judge which songs or records might qualify as "CanCon." Instead, the much more mechanical MAPL system broke a recording down into four elements (its Music, Artist, place of Performance/Production, and Lyrics) and required that at least two of these be identified as Canadian.

As Canadian Content regulations were implemented and refined, in the early 1970s, the Commission was able to head off certain criticisms. "Oldies" radio stations, for example, were granted lower CanCon quotas, for the simple reason that Canadian recordings of the 1940s or 1950s were relatively scarce, and Canadian hits from this period even rarer. Jazz and classical stations were encouraged to play Canadian recordings representing these genres, but at lower levels than was the case for contemporary pop.

The most heated controversy surrounding CanCon came in 1991, when Bryan Adams' album Waking Up The Neighbours was judged ineligible as CanCon because Adams' collaboration with British producer/composer "Mutt" Lange was seen to dilute the album's MAPL score.

The CRTC loosened up its rules about collaboration as a result, but I've long felt it gave in too easily, rocked as it was by a public shocked that someone as clearly "Canadian" as Bryan Adams did not qualify as CanCon. A disciplined enforcement of CanCon regulations meant that someone like the American Jennifer Warnes, who recorded an album of Leonard Cohen songs (Famous Blue Raincoat), could go platinum north of the border because Cohen's authorship of the album's lyrics and music gave Warnes' album easy access to Canadian airwaves. In this case, it seems to me, CanCon regulations were doing one of the things they were meant to do -- enticing artists around the world to record Canadian music by giving them easier access to Canadian radio if they did.

After he left the CRTC, Pierre Juneau told the U.S. music industry magazine Billboard that CanCon regulations alone were not enough to ensure the health of the Canadian recording industry. He called for direct government support, of the sort that would be implemented in the 1980s with the introduction of the Sound Recording Development Program (now the Canadian Music Fund) in 1986.

Even as the record industry itself has shrunk and been transformed, public support for music runs all through the system, from grants to specialized festivals through worker-training programs that sustain the workforces of small labels.

The most radical move to support Canadian musicians since the introduction of CanCon has also been one of the least well known or understood. In 1997, copyright legislation in Canada enshrined the principle of "neighbouring rights," under which musicians and their record companies receive revenues when their music is played on the radio.

Previously, under a copyright regime born when sheet music sales ruled the music industries, only the writers of lyrics and composers of music received payments for radio airplay. (This is still the case in the U.S., where the broadcasting lobby has successfully resisted any legislation that would make them pay performers too.)

When Canadian music does well now, we give the credit to Montreal's cheap rents or the star-making power of YouTube. Accustomed as we are to hearing and seeing Canadian music all around us, we should nevertheless remember that this was not always the case. The figure of Pierre Juneau stands high among those who worked to change things.

Julie Blais Comeau: Sticky Situation: Keeping Your Virtual Life Clean

2012-02-22T16:53:01Z

Sticky Situation:
I am a recently divorced 52-year-old woman. After 18 years of contributing to my ex's business ventures, I am now an executive assistant for a financial analyst.

My new colleagues and some of our clients befriend each other virtually and are encouraging me to join them. I have always been very active socially but had never felt the need to maintain my relationships online.

Although at first the idea did not interest me, I now find myself seeing its merits, especially to keep in touch with my overseas friends.

I have read and heard about the good, the bad, and the ugly news stories of online activities and want to make sure that I enter the virtual world without making a faux-pas or worse yet having cyber remorse and getting into a Sticky Situation.

What are your recommendations for an oldie about to be an online newbie?

Solution:
My biggest insight into internet communication technologies is a quote from Erica Albright to "Mark Zuckerberg" in the movie The Social Network: "The internet is not written in pencil, Mark, it's written in ink."

Before you join us, the more than 50 per cent of Canadians that have a social networking profile, here are my five favorite social media guidelines:

1) Define your online friending policy

Define why you want to connect on the internet by establishing a personal policy for seeking, finding, being sought and found. What are your objectives: friending, reconnecting, networking, keeping updated, or even dating?

Your rule will be a valuable tool when deciding whom to invite, accept, ignore, or block in your network. You may even have different networks or accounts for different purposes. For example, you could only socialize professionally on LinkedIn and save Facebook for family and friends.

When setting up your account take the time to adjust your privacy settings. This is where you decide who may find you as well as who may view and contribute to your account. Here too you may differentiate access between your friends, family, and work.

2) Don't be a connection flake

To increase your chances of successful and meaningful connections, send your invitations along with personal messages. Ignoring a connection or saving it for later is acceptable. If you are not sure about a connection request, sending a message to request information about how you may be connected outside of the net is also a good idea.

On the flip side, although social networks are all about searching and connecting, don't take it personally if someone chooses not to connect with you. They may have their own personal connection policy.

Respect

R-E-S-P-E-C-T. You spelled it and learned it as the basis of socializing in kindergarten, while Aretha Franklin made it an anthem. We all deserve it even on the internet. Respect yourself foremost. Respect your brand, your image, and your values. Your virtual identity should be coherent with your contributions to the real world.

Respect others by asking permission before you post photos of them, the locations of their whereabouts, and comments they may have made in your company. Respect also applies when commenting on others' walls, tagging them in photos, and including them in any online activity requests including games.

Before doing any actions that involve others, use the K.I.N.D. acronym as your benchmark. Don't Knock anybody down, don't Insult, don't say anything Negative, and don't show or talk about anything Disgusting.

Don't drink and Internet

Remember the old phone rule about not dialing when a little tipsy? Well, ditto for contributing to your online network. Don't connect virtually when you are not in a poised frame of mind.

Don't virtually connect when drinking, jet-lagged, taking medication, mad, or even sad. When in any of the previous states and your fingers are itching to type away, keep them busy with good old-fashioned pen and paper. Write it out, wait 24 hours, and re-read before deciding to post.

Do the fridge test

Before typing or uploading a tweet, text, or pic, imagine it first on your fridge at home. Are you OK with visitors, loved ones, and family members including an eight-year-old niece and/or an 88-year-old grandfather seeing your future virtual memento? If the answer is no, don't post. If in doubt, don't do it either.

If you are OK with it, continue on to the next phase of the test. Whatever you are OK with posting on your home fridge, take it, and now mentally post it on your office fridge.

Imagine this scene: Your boss and number one client want to talk privately. The local coffee shop is packed so they've decided to hold the meeting in the staff lounge. Are you still OK with what they are about to see as they get milk for their coffees? If you are comfortable with that future contribution to cyber eternity, then log in and post. If the answer is no, count your blessings that you did not make a virtual gaffe that could have cost you your job.

In closing, I must warn you: Internet social activity can be highly addictive. Balance it out and always choose face time over screen time.

Have a Sticky Situation yourself write to julie@etiquettejulie.com and Julie will reply promptly. If you agree she will even share your Sticky Situation with our readers.

Bonnie Fuller: Rihanna & Chris Brown Are Telling Their Fans, 'We're Back Together' With Their Music

2012-02-22T16:40:52Z

Rihanna and Chris Brown gave what they saw as a birthday present to their fans yesterday -- the release of remixes of two of their songs, which tell us why they are so in love again.

It was Rihanna's birthday Monday, Feb. 20, and the birthday girl couldn't wait to make it a special day in a way that no one would ever have foreseen three years ago, after then-boyfriend Chris Brown subjected her to brutal beating. But first, Chris Brown tweeted a birthday message to the woman he clearly still loves, "Happy Birthday ROBYN!" to which she replied: "Thanks!"

Then came the big gift -- first Rihanna tweeted her remix of "Birthday Cake" with Chris on vocals and then tweeted the remix of Chris Brown's new single "Turn Up the Music," to which she had lent her vocals, too.

The message couldn't have been clearer to the world: we're a couple again and we're saying it in the strongest way that we know how -- through our music.

"They are both powerful artists and music is what they are passionate about so using music to communicate with their fans is the most passionate statement they can make," believes celebrity relationship expert, Cooper Lawrence, author of the new novel, The Yoga Club.

I absolutely agree. This pair lives, breathes and eats music. It's second nature for them to express their feelings through their songs. And in this case, the lyrics that Chris Brown wrote to sing on Rihanna's "Birthday Cake" couldn't have been clearer. "Girl, I wanna f*** you right now. Been a long time. I been missin your body ... give it to her in the worst way. Can't wait to her blow her candles off."

Rihanna returns the hot favor on the couple's remix of "Turn Up the Music."

"Turn up the music, cause I feel a little turned on. Turn up the music, don't you try to turn me down. Turn up the music, can I feel it just a little more. Turn up the music, turn me up and take me down," Rihanna sings.

Listen, this isn't a couple that is comfortable issuing press releases about their relationship. They aren't going to release a "statement" about their love. This is what they've done instead.

"It's absolutely a public statement that they're together and that Rihanna thinks it's time for her fans to forgive Chris," believes Cooper Lawrence.

She thinks that if we, her fans, can accept the songs they did together, then it will be easier to accept them as a couple.

Chris Brown's mother/manager Joyce Hawkins is absolutely echoing that message.

"Leave those young people alone!!! Let them live their lives and go live yours!!!" she tweeted Feb. 20, on Rihanna's birthday.

Well forgiving and moving on is just fine, but let's sure pray that this pair has both had enough counseling -- individually and together -- to truly move on and not end up back in an abusive relationship.

Let's hope lust hasn't displaced every shred of common sense.

"They're both hot for each other. Sexually attracted and it's obvious that they want to be together again," agrees relationship expert to the stars, Dr. Gilda Carle. "And make-up sex is the hottest you can get. But let's hope that he's learned in therapy how to control his temper and that she's learned not to push his hot buttons."

Dr. Jeff Gardere, a contributor to HealthGuru.com, also worries that the pair hasn't invested in the therapy they need.

"They could shut people up if they announced they were together, but said they would be getting couples counseling," he points out.

Totally agree. This pair is clearly just so caught up in the heat they are feeling for each other. They had a real connection, a real relationship that was meaningful to them before it ended in horror. Now they are singing "let's do it tonight and do whatever is takes to make it right," in the remix of "Turn Up the Music."

Michael Geist: Bill C-30: Big Brother Hidden in Section 14

2012-02-22T15:46:53Z

Over the past few days, I've posted on some of the implications of Bill C-30, including the mandatory disclosure of subscriber information, the "voluntary" warrantless disclosure of e-mails and web surfing habits, and the stunning lack of detail on a wide range of issues including costs and surveillance capabilities.

While the bill includes some detail on surveillance capability requirements, perhaps the most dangerous provision is Section 14, which gives the government a stunning array of powers:

to order an Internet Service Provider (ISP) or telecom provider to install surveillance capabilities "in a manner and within a time" specified by the government to order an ISP or telecom provider to install additional equipment to allow for more simultaneous interceptions than is otherwise specified in the law (the government sets a maximum and then can simply ignore its own guidelines)

to order an ISP or telecom provider to comply with additional confidentiality requirements not otherwise specified in the law

to order an ISP or telecom provider to meet additional operational requirements not otherwise specified in the law

Given these powers, Section 14 essentially gives the government the power to override the limits and guidelines it establishes in the bill (it must pay the provider an amount the government decides is reasonable for doing so). If that wasn't enough, Section 14(4) goes even further. It provides the Minister may provide the telecommunications service provider with any equipment or other thing that the Minister considers the service provider needs to comply with an order made under this section.

What does this mean? In short, it gives the government the power to decide what specific surveillance equipment must be installed on private ISP and telecom networks by allowing it to simply take over the ISP or telecom network and install its own equipment. This is no small thing: it literally means that law enforcement has the power to ultimately determine not only surveillance capabilities but the surveillance equipment itself.

As Privacy International revealed late last year, there is a massive global surveillance industry that specializes in selling invasive surveillance technologies directly to governments and law enforcement.

Companies like Gamma Group offer "turnkey lawful interception projects," that includes SMS interception, speech identifying tools, and data retention, while Innova offers "solutions for the interception of any kind of protocols and IP-based communication, such as web browsing, e-mail and web-mails, social networks, peer to peer communication, chat and videochat."

Endace offers the "power to see all for Government" and Hacking Team provides a suite of tools for governmental interception. Last year, Wikileaks published a powerpoint presentation from Glimmerglass that shows how law enforcement can link email addresses, online chat, and social media activity to generate detailed profiles of individuals (pages 10-12).

There are dozens of these companies operating around the world, servicing steady demand from the Middle East and Asia. If Bill C-30 becomes law, the Canadian government will be positioned to require private ISPs to install these kinds of technologies directly within their networks.

Natasha Turner, ND: Losing Your Locks? Treatment for Female Hair Loss

2012-02-22T15:23:21Z

Whether you are young or old, finding clumps of hair in your brush and the slow thinning of your luscious locks can be traumatic -- especially if you are female. Statistics reveal that it affects nearly 21 million women in the U.S. alone. The first step to determining the treatment for hair loss is to identify the cause, of which there are many. Even the pattern of hair loss can help to establish the root source. For example, women may lose hair from the crown of the head -- similar to male-pattern baldness --with an elevation of testosterone levels whereas nutritional deficiencies may cause generalized hair loss over the whole head. Let's look at a few of the possible causes and some options for proper treatment.

Losing your locks: Common Causes
Pattern baldness or permanent hair loss is simply the result of genetic programming. Increased hair shedding or temporary hair loss can be caused by a host of different reasons, including poor nutrition, genetics, imbalanced hormones, medications such as chemotherapy, radiation treatment, infections, chronic stress, and rapid weight loss, to name a few. Certain illnesses and diseases can also cause hair loss or hair shedding. Examples include anemia, low thyroid hormone levels, lupus, and sometimes cancer. In most of these cases, hair loss is not permanent.

Recommend Blood Tests
In all cases of hair loss, I think it's also important to ensure that the following blood tests are completed by your doctor:
• TSH, free T3, free T4, and thyroid antibodies to assess thyroid gland function. All should be completed to properly diagnose a thyroid condition that may result in excessive hair loss. (Note: Optimally, your TSH should be less than 2.5).
• Ferritin (This is the storage form of iron. Low iron (<70) is a very common cause of hair loss).
• Vitamin B12 and folic acid (either of these nutrients in low levels may cause hair loss).
• Copper and zinc (excess copper relative to zinc may result in hair loss).
• Dihydrotestosterone (high levels of this hormone is related to hair loss in both men and women).
• Progesterone and estradiol (low levels of estrogen may cause an increase in hair loss).
• DHEAs and cortisol (High levels of cortisol or low DHEAs may contribute to hair loss).
• Free and total testosterone (high levels of testosterone in women may accelerate hair loss).
• Biotin (a deficiency of biotin can cause progressive hair loss).

Treatment Options for Healthy Hair

1. Nutrition
Sometimes dropping weight too quickly or participating in a fad diet or extremely low carbohydrate diet that is not nutritionally sound can cause imbalances in the body, resulting in increased hair shedding. Following a healthy weight-loss program can prevent this from happening. The Hormone Diet, which is balanced in protein, carbohydrate and healthy fats may help to prevent such nutritional deficiencies.

2. Supplements
Hair problems that are caused by nutritional deficiencies may be corrected by a proper diet as well as supplements. The principal nutrients that are involved with healthy hair growth include vitamin A, certain B vitamins, the vitamin biotin, vitamin C, the minerals copper, iron, and zinc, as well as sufficient protein intake and water.

Iron: Iron's main job is to carry oxygen in the hemoglobin of red blood cells. Iron deficiency can lead to a condition called anemia and to possible hair loss or increased hair shedding. Anemia can be easily diagnosed with a blood test and is characterized by fatigue, weakness and general poor health. Anemia can be caused by more than just iron deficiency. The reference daily intake for iron is 18 mg. The recommended daily allowance of iron increases during pregnancy and breast-feeding.

Zinc: Dandruff and hair loss are both conditions associated with zinc deficiency. Zinc is a mineral that promotes cell reproduction and tissue growth and repair. Zinc also functions in the maintenance of the oil-secreting glands attached to hair follicles. The reference daily intake of zinc is 15 mg for the average adult.

Vitamin B6, B12, folic acid and biotin: All three of these B vitamins are essential to the normal formation of red blood cells or the hemoglobin (iron-containing) portion of red blood cells. The primary function of hemoglobin is to carry oxygen from the lungs to tissues in the body, including the hair. Healthy and strong hair is dependent on a constant supply of blood and oxygen. A deficiency of these B vitamins can cause reduced blood and oxygen supply to the hair, leading to increased hair shedding, damaged hair, and slow re-growth. Although uncommon, sometimes a biotin deficiency can also contribute to hair loss. The reference daily intake for biotin is 300 mcg for the average adult.

Vitamin C: A vitamin C deficiency can cause the hair to be susceptible to problematic splitting and breaking. Usually this only occurs with severe deficiency and can be reversed when vitamin C intake is increased. Vitamin C is essential to producing collagen, a connective tissue that gives structure by holding tissues in the body together, such as the tissue in hair. The reference daily intake for vitamin C is 60 mg for the average adult. People who smoke need twice as much vitamin C as non-smokers, in my opinion. Many of my patients take an increased dose of vitamin C based on individual bowel tolerance levels.

Peter Worthington: Justin Trudeau: Why He's His Mother's Son

2012-02-22T15:18:30Z

Now that the hullabaloo has died down over Justin Trudeau's hypothetical remarks about possibly supporting Quebec separating from Canada if Stephen Harper remains as PM, maybe one should have another look at this young man.

Judging from his reaction during an interview on Radio Canada in Quebec, it seems clear he was indulging in anti-conservative rhetoric, and went a bit overboard.

Justin's like that -- blurts things out. But he's as Canadian as any of us.

In apologizing (sort of) for his silly speculation that the Harper government may ban abortion and gay marriages -- "and we are going backward in 10,000 different ways" -- he is being a partisan nincompoop.

He is conjuring up a straw man to persuade others to oppose Conservatives. Harper may be against certain things Justin is for, but he ain't likely to change existing laws.

One wonders what some of the "10,000 different ways" we are being taken backward as a country and a people? C'mon Justin rhyme off a few. Can't, can you?!

I've not written much about Justin over the years (as I did about his father). Partly this is because I have a visceral skepticism about the guy that I didn't harbour about his father. His dad's policies were questionable for Canada, but in person Pierre was charismatic.

Justin also doesn't compare himself with his dad, whom he correctly calls an "intellectual," while describing himself as "less intellectual."

For heaven's sake!

To paraphrase Justin, that's a bit like me saying: "Jose Batista is a great baseball player. Me, I'm a bit less as ballplayer -- but I have strong opinions about baseball."

Justin no more deserves to be mentioned in the same breath as his dad's achievements than I warrant comparison with Jose Batista. (Hmm. On second thought, maybe if Alex Anthopoulous would give me a chance . . . )

You wanna know the difference between Justin and Pierre? As far as substance is concerned, Justin is more his mother's son than his father's son.

Justin has given no evidence of his father's panache, his daring, his ideological motivations, his courage, and his curious sympathy for tyrants. When Pierre was younger than Justin, he not only dodged the war against Hitler, but rode a motorcycle around Montreal while wearing a German helmet, as if mocking those who did join up.

Before being elected to Parliament, Pierre was excessively sympathetic with Josef Stalin's Soviet Union and Communist China, traveling to both as a guest (head of a delegation of Canadian communists to Moscow in the early 1950s). In China he praised the wisdom of Mao Zedong, who executed some 60 million of his countrymen.

None of that colourful background is in Justin's resume.

He says he has no interest in leading the Liberal party "at this time." There are those who hope he leads the party at no time -- just as there are those who want him to go for the leadership right now.

To Pierre Trudeau's credit, he imposed the War Measures Act at a crucial time of separatist rebellion in Quebec that stabilized a panicky country. But he also sought to destroy the Canadian military, didn't see Soviet imperialism and subversion as a threat, cosied up to Castro, and brought home the Constitution which only he wanted at the time.

Pierre Trudeau relished controversy; Justin Trudeau dreads it.

Remember, he's his mother's son.

Chelsea Vowel: Oxycontin Shortage Will Spell Catastrophe On Reserves

2012-02-22T14:58:15Z

Health Canada recently announced that all "long-acting oxycodones" such as OxyContin have been removed from the Non-Insured Health Benefits (NIHB) list.

Thus legal sources of OxyContin will become unavailable to all Status Indians and recognized Inuit across Canada through the NIHB. Those who legitimately need this medication will not be able to receive it in the future.

OxyContin is a powerful and potentially addictive painkiller. As has been noted in a number of other news reports, abuse of this drug is a Canada-wide problem.

Crisis Declared
In November of 2009, the Nishnawbe Aski Nation (NAN), which represents 49 First Nations in northern Ontario (a population of about 45,000 people), declared a "Prescription Drug Abuse State of Emergency."

This resolution notes that prescription drug abuse, particularly of opioids like OxyContin, is an escalating crisis and calls upon both levels of government to immediately enhance community-based programming to deal with it.

By September of 2011, policing and addictions were stretched to the breaking point in many NAN communities and the response from provincial and federal government was "minimal."

Another First Nations crisis ignored.

Responsibility for Health Care Services
In Canada, most people access health care services through provincial programs and infrastructure. Status Indians and "recognized" Inuit are a federal responsibility when it comes to health care.

Health Canada provides First Nations and Inuit with "a limited range of medically necessary health-related goods and services to which these individuals are not entitled through other plans and programs."

Under this NIHBprogram, certain prescription and over-the-counter drugs are covered if the patient does not have private insurance. Only drugs on the NIHB Drug Benefits List are eligible for this coverage.

Still Available to Non-Natives
Despite phasing out funding for the drug to native populations, In most of the rest of the country, OxyContin or its replacement, OxyNEO (supposedly harder to tamper with), will continue to be available to those who need it. There are some provincial exceptions.

PEI has recently instituted similar measures as those taken by the NIHB, pending a review of treatment with oxycodones compared to other drugs. Newfoundland heavily restricts access to OxyContin, but allows at least 15 other oxycodone drugs under its public drug plan.

More worrisome is the example of Manitoba, where access to OxyContin was restricted last year, reserved for patients with specific ailments only. Fears of this leading to a surge in crime was quickly confirmed as desperate people with OxyContin addictions unable to get into treatment programs turned to armed robbery. This in an urban centre with considerably more addictions resources than isolated First Nations or Inuit communities.

A Dam About to Burst
The situation in many NAN communities is already bad enough to warrant the declaration of a state of emergency. Now the NAN is warning of even worse.

Without OxyContin available, individuals will experience withdrawal. Symptoms may range in severity from stomach upset, muscle and bone pain, anxiety, restlessness, increased heart rate and blood pressure to depression and suicidal ideation.

In the absence of any regular treatment, a public health catastrophe is imminent, as there are thousands of addicted individuals with rapidly shrinking supplies -- likely leading to massive increases in black market prices, use of other drugs, needle use/sharing, and crime," said Dr. Benedikt Fischer, a senior scientist at the Centre for Addictions and Mental Health.

Health Canada acknowledges that most people in NAN communities are not getting the drug through legal prescriptions funded by the government. How removing OxyContin from the Drug Benefit List will in any way address abuse is unclear.

Despite a stated willingness by Health Canada to fund drugs used to treat opioid dependence such as methadone (which is not available in most remote communities) and suboxone (but only on a case-by-case basis), no mention is made of what addictions programming will be put into place to deal with the worsening situation.

In short, the resources are not there to help deal with what is about to be a flood of people with addictions going through serious withdrawal in these communities.

From Emergency to Catastrophe
Action needs to be taken now to ensure that adequate resources are provided to communities struggling with such severe addictions problems and lack of treatment programs. It is unacceptable that an emergency gone unheeded should be allowed to turn into a catastrophe, yet again.

A longer version of this article was published on the author's blog âpihtawikosisân.

Irwin Cotler: Government's Charter Violations? Let Me Count the Ways

2012-02-22T14:56:09Z

Last week, the Ontario Superior Court ruled that a mandatory minimum sentence imposed against a first time offender violated the Charter of Rights and Freedoms' prohibition against cruel and unusual punishment. In a strongly-worded judgment, Justice Malloy described the punishment as, "fundamentally unfair, outrageous, abhorrent, and intolerable."

Yet this decision is but the latest in a growing list of instances where the judiciary has found the Harper government's law and policy to contravene the Charter while ignoring the rule of law, all this in the year we celebrate the Charter's 30th anniversary.

Last Monday's decision comes on the heels of the Federal Court's decision in Goulet v Canada, in which the Court similarly chided the Harper government for ignoring the law, acting as if it were above the law, while showing disrespect for the rule of law as a whole. In the Goulet decision, the Federal Court reproached the Conservative Government for a lack of transparency in refusing to transfer Canadians in U.S. prisons back to Canada.

Justice Robert Barnes' ruling found that Public Safety Minister Vic Toews failed to provide adequate reasons for rejecting transfer in the case of Richard Goulet, a 42-year-old Canadian jailed in the U.S. While Correctional Services Canada's evidence-based report concluded that Goulet was unlikely to re-offend and was therefore a suitable candidate for transfer back to Canada, the Minister decided against this without giving adequate reasons.

Indeed, Justice Barnes remarked that the Minister gave little consideration to the significant evidence in favour of Goulet's transfer, describing the Minister's decision as a "bare conclusion that ran contrary to the overwhelming weight of evidence."

When viewed in the context of previous Federal Court judgments on this point, Minister Toews' decision is particularly troubling. Indeed, the Federal Court cited 12 decisions that it has issued over the past four years alone, all of which conclude that the government has a legal duty to provide adequate reasons when rendering decisions that affect the lives of Canadians.

Mr. Justice Barnes invoked the 1959 Supreme Court decision of Roncarelli v Duplessis, a landmark precedent that affirms the principle that all government officials are subject to the rule of law. Barnes reminded the Minister of the Roncarelli Court's conclusion that there is "no such thing as absolute and untrammeled discretion."

In other words, while Ministers enjoy a measure of discretion in decision making, transparency and accountability require them to justify their exercise of discretion. Only when Ministers provide reasons for their decisions, can it be demonstrated that they have not acted arbitrarily. Furthermore, as Monday's Ontario Superior Court case has demonstrated, such discretion can be limited by rights enshrined in the Charter.

Regrettably, Goulet's case bares troubling resemblance to that of Ronald Allen Smith, the only Canadian citizen currently on death row in the U.S. Despite Canada's international legal obligations and court rulings requiring the Government to seek clemency for citizens imprisoned abroad, the Harper government refused to seek clemency on Smith's behalf until it was forced by the Court, which deplored the lack of a clear, consistent policy from the government on the issue of clemency.

Goulet and Smith are among a growing number of Canadian citizens -- imprisoned, stranded, or detained abroad -- who have been arbitrarily denied the protection of the government. Another example is the case of Abousfian Abdelrazik, a Canadian citizen who was denied the government's protection when he was wrongfully imprisoned and stranded for six years in Sudan. The Federal Court ultimately compelled the Conservative government to return Abdelrazik to Canada, concluding that the government had violated his rights under the Charter.

Moreover, the Federal and Supreme Court had both found that, with respect to Omar Khadr, the government had failed to respect its Charter obligations, though the Justices stopped just short of requiring the Minister to demand Khadr's repatriation.

The government has also neglected its duties to Canadians citizens in a number of recent high profile domestic cases. As a result, the judiciary has been required to intervene to prevent the Conservatives from pursuing their agenda in disregard of the law of the land. Just this December, for example, Federal Court judge Douglas Campbell found the Conservative government broke the law in introducing legislation to end the Canadian Wheat Board.

In another recent example, the Supreme Court overturned the Minister of Health's decision with respect to Insite, a safe injection site on Vancouver's Downtown East Side. Despite overwhelming medical evidence that the facility reduces drug-related deaths and HIV infection rates, the government campaigned vigorously to shut down the site by refusing it a permit to continue operations. The Supreme Court found that such a decision was not possible, given it violated Section 7 of the Charter and its protection of "life, liberty, and security of the person."

Simply put, we are witness to an increasing need for the Courts to remind the Conservative government that it is not above the law and cannot act with impunity -- or immunity -- for its actions.

Indeed, these recent court rulings are important reminders of this, and the government would do well to heed their words.