One of the most publicized case, recently put towards the Human Rights Commission was the case against Macleans magazine. Macleans had republished a series of articles outlining growth of Muslim population and how it would influence Canadian culture. The article discussed the negative results of this demographic shift. A group of Muslim Osgoode Law students submitted a lengthy rebuttal to the articles. When the magazine refused to publish their response they took the issue to the Human Rights Commission.
The Canadian Human Rights Commission has dismissed the case. Their decision demonstrates that these commissions still have the ability to balance the fine line between reasonable accommodation, discrimination and practical common sense. The decision is a victory for freedom of speech. It upholds the editor's right to have full discretion on what pieces are fit for their publication. It would be a tragedy if religious/political/ethnic groups could force an opposing sides resources to promote their own ideas.
The most disturbing part of this story is when the case was originally brought before the Ontario Human Rights Commission. While ruling that the case was out of jurisdiction Barbara Hall was clear that she would have ruled against Macleans magazine if she could. Hall demonstrated incredibly poor judgement by choosing to interfere in a case out of her hands. The fact that the CHRC disagreed with her further demonstrates that her judgement should be taken into question.
Barbara Hall needs to reevaluate her approach to cases brought before her. She needs to be objective enough not to make a decision before she has had a chance to carefully consider all of the evidence. She must also learn that her position as a Human Rights Commissioner needs to be a highly respected position with the highest level of integrity. She cannot use the OHRC as a platform to express her personal thoughts and feelings. Hall should pay careful attention to this ruling and adjust her approach to job. If she wants to be an advocate for particular groups, she should be prepared to offer her resignation.
Tuesday, July 1, 2008
Friday, June 20, 2008
Sifting through the Shift
The Liberals have unveiled the details of their proposed carbon tax. To Dion's credit it appears he has noted the lesson from Kim Campbell, John Tory and others that elections are not the time to discuss major shifts in public policy. He has the summer to educate Canadians on his Green Shift program.
It will take time to review the policy outside of the standard headlines. There is one aspect of the revenue neutral claim that needs further examination. The carbon tax will start at $10/megaton and over 4 years rise to $40/megaton. The Liberals are boasting that as the price of carbon increases the more Canadian families save through tax cuts.
Last summer in Ontario, Hydro launched a number of inititives to decrease electricity consumption. They were successful. As a result the Hydro is experiencing a revenue shortfall and has applied for a rate increase.
The purpose of the carbon tax is to reduce carbon emittions. What happens when the cost of carbon is maxed out and pollution continues to decrease? The overall revenue of the carbon fund will begin to fall. Will families have to give back their tax cuts or will the government continue to increase the cost of carbon in order to keep the tax cuts in place? Either way if this plan is successful Canadians will once again be in a position where reducing energy consumption will have a negative effect on their disposable income.
It will take time to review the policy outside of the standard headlines. There is one aspect of the revenue neutral claim that needs further examination. The carbon tax will start at $10/megaton and over 4 years rise to $40/megaton. The Liberals are boasting that as the price of carbon increases the more Canadian families save through tax cuts.
Last summer in Ontario, Hydro launched a number of inititives to decrease electricity consumption. They were successful. As a result the Hydro is experiencing a revenue shortfall and has applied for a rate increase.
The purpose of the carbon tax is to reduce carbon emittions. What happens when the cost of carbon is maxed out and pollution continues to decrease? The overall revenue of the carbon fund will begin to fall. Will families have to give back their tax cuts or will the government continue to increase the cost of carbon in order to keep the tax cuts in place? Either way if this plan is successful Canadians will once again be in a position where reducing energy consumption will have a negative effect on their disposable income.
Say a little Prayer
In February, Dalton McGuinty made it a priority for his government to fix the injustice of prayers in the legislature. The Lord's Prayer did not reflect the cultural diversity of the province. He was going to be a leader in fixing this injustice even if it was unpopular. Objections from his mother would not phase him from doing the right thing. He completely ignored the fact that this was an issue very few people cared about. The Hansard doesn't even record which prayers are being recited. More than 20,000 people responded to requests public consultation. 87% requested the Government keep the Lord's Prayer.
Last week the government unanimously adopted a compromised solution. The Lord's Prayer would be recited followed by a second prayer or moment of silence at the discretion of the Speaker. To start with there will be eight prayers. Any future additions would be decided by the Speaker. The current Speaker has already said that he will refer such decisions to an all party committee. This is not a surprise considering he referred the question of coffee in parliament to be decided by committee.
The solution strikes an excellent balance. It upholds keeping traditions that built this country while recognizing the diversity of the Province. Hopefully, when Parliament returns in September they can apply this principle to other government issues. Hopefully, they will also choose to focus on matters of importance to the average citizen.
Last week the government unanimously adopted a compromised solution. The Lord's Prayer would be recited followed by a second prayer or moment of silence at the discretion of the Speaker. To start with there will be eight prayers. Any future additions would be decided by the Speaker. The current Speaker has already said that he will refer such decisions to an all party committee. This is not a surprise considering he referred the question of coffee in parliament to be decided by committee.
The solution strikes an excellent balance. It upholds keeping traditions that built this country while recognizing the diversity of the Province. Hopefully, when Parliament returns in September they can apply this principle to other government issues. Hopefully, they will also choose to focus on matters of importance to the average citizen.
Friday, June 13, 2008
National Anthem
I grew up as a big hockey and baseball fan. Playing hockey and baseball was a way to relate to my favourite players. Skill, effort, team work and a bit of luck would be the difference between winning and losing. From a fans perspective the same rules applied to professional sport. The best players would make it to the pros. If a player wasn't pulling his weight he would be benched, sent to the minors or cut outright. Real fans would support their team no matter how bad they played.
The world of sports has changed so much. If fans don't show up, it means they are unhappy with team play or management. Fans need to know about salary caps, escrow account, ancillary revenue streams, drug testing policies, tax regulations etc. If I take public transit instead of paying for parking will my team still sign my favourite player? What if I buy a hot dog and beer instead? This past season I learned how our legal system carries out prison sentences when a Leaf was given permission to serve his DUI conviction in the off season. Decisions made on paper are just as important as play on the ice.
Last week Hockey Night in Canada announced they would not be renewing the rights to play the HNIC them song, spoiling a tradition since 1968. They are still facing a $2.5 million lawsuit for ring tone sales. They were paying $500 each time they played the song to a tune of $60,000 per year. Despite the public outrage it looked like the song might be lost forever. The Premier of Alberta took up the protest and even offered to complain to Don Cherry. The Liberal Heritage Critic suggested that the federal government had an obligation to save the song, although he never brought this view to the House of Commons. CBC responded by announcing their will be a fan voted contest with $100,000 going to the winner. Just what we need HNIC Idol to nail the coffin on a great tradition.
All is not lost. CTV has bought the rights to the song for $2.5 million. As the owner of TSN, RDS and the rights holders to coverage of the 2010 Vancouver Olympics, the hockey "anthem" will remain a part of our heritage. The realities of the business world continue to erode the pure enjoyment of professional sports. At least there are some things we can always count on.
The world of sports has changed so much. If fans don't show up, it means they are unhappy with team play or management. Fans need to know about salary caps, escrow account, ancillary revenue streams, drug testing policies, tax regulations etc. If I take public transit instead of paying for parking will my team still sign my favourite player? What if I buy a hot dog and beer instead? This past season I learned how our legal system carries out prison sentences when a Leaf was given permission to serve his DUI conviction in the off season. Decisions made on paper are just as important as play on the ice.
Last week Hockey Night in Canada announced they would not be renewing the rights to play the HNIC them song, spoiling a tradition since 1968. They are still facing a $2.5 million lawsuit for ring tone sales. They were paying $500 each time they played the song to a tune of $60,000 per year. Despite the public outrage it looked like the song might be lost forever. The Premier of Alberta took up the protest and even offered to complain to Don Cherry. The Liberal Heritage Critic suggested that the federal government had an obligation to save the song, although he never brought this view to the House of Commons. CBC responded by announcing their will be a fan voted contest with $100,000 going to the winner. Just what we need HNIC Idol to nail the coffin on a great tradition.
All is not lost. CTV has bought the rights to the song for $2.5 million. As the owner of TSN, RDS and the rights holders to coverage of the 2010 Vancouver Olympics, the hockey "anthem" will remain a part of our heritage. The realities of the business world continue to erode the pure enjoyment of professional sports. At least there are some things we can always count on.
Friday, June 6, 2008
GM to cut production of 6 cylindar trucks
This week, GM announced the closing of (4) truck & SUV plants. The truck plant in Oshawa will be the Canadian victim of these cuts. The move comes in response to a drop in demand for gas guzzling vehicles. With the decline in the manufacturing sector there is plenty of finger pointed directed towards, the Union (CUPE), GM and the government.
The federal government is being blamed for not having a strategy to save the auto industry. The Liberals are blaming statements made by Finance Minister Jim Flaherty that Ontario was a poor place to invest. They now claim that GM took the ministers advice. GM is a multi-billion dollar company. They are capable of doing their own cost/benefit analysis to determine the most cost effective way to meet their production needs. They would not make such decisions on political statements. Flaherty has indicated that money set aside in the budget for greening the auto industry could be used to entice a more fuel efficient car produced in it's place.
In an effort to save the auto industry the Province provided financing for GM. The plan did not work as effectively as had been hoped. The government will now need to attempt to recoup the funds.
GM is being blamed for bargaining in bad faith. They just signed a contract with the union without any mention of the pending closures. Considering CUPE made concessions to try to help GM be more competitive they have a right to be upset on this point. The price of oil has been on the rise. People are being more concerned about the environment and carbon emissions. The US economy is tanking. It does not take a PhD economist to predict that the overall trend is moving towards more fuel efficient vehicles. GM slowness to react to such market changes are why they are performing so poorly in the first place.
Unions create an environment where businesses cannot respond quickly to changing market conditions. Perhaps the reluctance of the big 3 to meet marketplace demands resulted from their inability to work with the unions for the greater good of the company.
There has not been much focus on the environment impact of this move. Less gas guzzlers means less carbon emissions. This could be taken as good news for the environment.
GM has been slow to respond to the trend away from large vehicles. Instead of being leaders they chose to be passive and have left the market of the future wide open for the foreign manufacturers. Adjusting to market forces requires retooling and in some cases job loss. If they had taken a larger share of the fuel efficient job market sooner, they may not have been popular with the workers but the longer term job losses would have been minimized. This may be the first painful but necessary step to achieving a strong financial future.
Another solution not being considered is what to do with the workers. Perhaps they can be retrained to work for another automaker or take their expertise to other areas of the economy. Relying on one company to be a lifelong employer is not realistic. Perhaps this is a point that needs to be considered before making the decision to join the ever changing auto industry.
The federal government is being blamed for not having a strategy to save the auto industry. The Liberals are blaming statements made by Finance Minister Jim Flaherty that Ontario was a poor place to invest. They now claim that GM took the ministers advice. GM is a multi-billion dollar company. They are capable of doing their own cost/benefit analysis to determine the most cost effective way to meet their production needs. They would not make such decisions on political statements. Flaherty has indicated that money set aside in the budget for greening the auto industry could be used to entice a more fuel efficient car produced in it's place.
In an effort to save the auto industry the Province provided financing for GM. The plan did not work as effectively as had been hoped. The government will now need to attempt to recoup the funds.
GM is being blamed for bargaining in bad faith. They just signed a contract with the union without any mention of the pending closures. Considering CUPE made concessions to try to help GM be more competitive they have a right to be upset on this point. The price of oil has been on the rise. People are being more concerned about the environment and carbon emissions. The US economy is tanking. It does not take a PhD economist to predict that the overall trend is moving towards more fuel efficient vehicles. GM slowness to react to such market changes are why they are performing so poorly in the first place.
Unions create an environment where businesses cannot respond quickly to changing market conditions. Perhaps the reluctance of the big 3 to meet marketplace demands resulted from their inability to work with the unions for the greater good of the company.
There has not been much focus on the environment impact of this move. Less gas guzzlers means less carbon emissions. This could be taken as good news for the environment.
GM has been slow to respond to the trend away from large vehicles. Instead of being leaders they chose to be passive and have left the market of the future wide open for the foreign manufacturers. Adjusting to market forces requires retooling and in some cases job loss. If they had taken a larger share of the fuel efficient job market sooner, they may not have been popular with the workers but the longer term job losses would have been minimized. This may be the first painful but necessary step to achieving a strong financial future.
Another solution not being considered is what to do with the workers. Perhaps they can be retrained to work for another automaker or take their expertise to other areas of the economy. Relying on one company to be a lifelong employer is not realistic. Perhaps this is a point that needs to be considered before making the decision to join the ever changing auto industry.
Friday, May 23, 2008
Taking the fly out of the water
On Thursday the Supreme Court of Canada dismissed a case where a man was suing a water company after finding flies in his water. The man had been buying the same brand of bottled water for 18 years. He was obssessed with cleanliness and the health of his family. He wanted them to have pure water. One day he found a fly in the water in the cooler and a second fly in another sealed bottle. The reaction to the event caused a severe phsycological phobia rendering extensive harm including being unable to work. A lower court awarded him more than $300,000 in damages.
The Court ruled that just because an event was possible (justified by the fact it happened) does not mean it was probable. They determined that the water company could only be held responsible for an outcome that could have been forseen by a reasonable person. The company was liable for breach of contract for supplying a contaminated product. The water company did not contest this part of the original ruling to the SCC. The Court noted that the man had not pursued the breach of contract aspect of the case with rigour. The man will also have to pay the water companies court costs.
This ruling effectivly cuts off attempts to bring to Canada the type of frivilous lawsuits that have been seen in the US. Businesses are responsible for the safety of their product. They are not responsible for damages caused by using the product in a way that would not be reasonable to anticipate. Canadians are not entitle to compensation caused by acting stupidly. Only good things can come from this ruling.
The Court ruled that just because an event was possible (justified by the fact it happened) does not mean it was probable. They determined that the water company could only be held responsible for an outcome that could have been forseen by a reasonable person. The company was liable for breach of contract for supplying a contaminated product. The water company did not contest this part of the original ruling to the SCC. The Court noted that the man had not pursued the breach of contract aspect of the case with rigour. The man will also have to pay the water companies court costs.
This ruling effectivly cuts off attempts to bring to Canada the type of frivilous lawsuits that have been seen in the US. Businesses are responsible for the safety of their product. They are not responsible for damages caused by using the product in a way that would not be reasonable to anticipate. Canadians are not entitle to compensation caused by acting stupidly. Only good things can come from this ruling.
Thursday, May 22, 2008
Tory calls to help tourism too late
On Wednesday, John Tory called on the provincial government to eliminate taxes on hotels and tourist attractions for the summer. The idea is in response to the drop in tourism. It is similar to the gas tax vacation proposal in the US that has been endorsed by John McCain and Hillary Clinton.
The plan does have some appeal. Locals would be able to partake in more of the many activities Toronto and the rest of the province has to offer. These activities get expensive very quickly. It would also help to offset the pricing advantage that has been lost due to the strong dollar.
The timing of the announcement is based purely on politicking and nothing to do with helping the economy. A strong dollar, tanking US economy and soaring oil prices are a recipe for a decline in tourism. If Tory was concerned he should have brought his idea to the table when the budget was tabled.
If McGuinty woke up this morning and decided he liked the idea, there would not be sufficient time to implement it. The legislation would need to be drawn up reviewed and passed. Businesses would need time to adjust their prices and bookkeeping. Various theme parks offer a reduced rate for early season pass purchases. These tourist attractions have started or are about to raise their pricing to the standard summer rate. The season for them to benefit from a tax cut has already been mostly lost.
Proposing solutions to problems without proper time for implementation is irresponsible politics.
Practical solutions from government need to be practical or they will not work.
The plan does have some appeal. Locals would be able to partake in more of the many activities Toronto and the rest of the province has to offer. These activities get expensive very quickly. It would also help to offset the pricing advantage that has been lost due to the strong dollar.
The timing of the announcement is based purely on politicking and nothing to do with helping the economy. A strong dollar, tanking US economy and soaring oil prices are a recipe for a decline in tourism. If Tory was concerned he should have brought his idea to the table when the budget was tabled.
If McGuinty woke up this morning and decided he liked the idea, there would not be sufficient time to implement it. The legislation would need to be drawn up reviewed and passed. Businesses would need time to adjust their prices and bookkeeping. Various theme parks offer a reduced rate for early season pass purchases. These tourist attractions have started or are about to raise their pricing to the standard summer rate. The season for them to benefit from a tax cut has already been mostly lost.
Proposing solutions to problems without proper time for implementation is irresponsible politics.
Practical solutions from government need to be practical or they will not work.
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