Sandra Finley

Feb 012013
 

I have not read the book.

http://www.amazon.com/Mercury-Undercover-ebook/dp/B00AVYXR64/ref=ntt_at_ep_dpt_1

Book Description

Publication Date: January 1, 2013

Mercury Undercover unveils how far those in power will go to prevent you from learning the truth about mercury contamination from dental amalgam fillings, all in the name of money. It is a gripping tale that will make you think twice before you eat your next catch-of-the-day or plan your next visit to the dentist’s office. Half of all North American dentists still use amalgam for its quick and easy profits, then pass the bill for damages on to the rest of us, damages to health, as well as to the environment. American dentistry’s 150-year affair with mercury is a tale of profits first, people last.

From the Author

My first experience with this devastating illness was over ten years ago. When a friend called me, sick and afraid, I had no idea what mercury poisoning was. She explained that after she had seen 60 different doctors, finally one natural medicine doctor had figured out the cause of her baffling illness. Mercury poisoning is a dreadful experience that I wouldn’t wish on my worst enemy. Besides all kinds of strange symptoms and pains, it also has the power to take away your peace of mind. Looking back on this event, I can’t help to feel a bit guilty for occasionally doubting her many aches and complaints. But I do not have a science or medical background and when I took on the responsibility of caring for her, I had no idea what I was getting myself into. While I was serving as her nurse for three months, many things went wrong with her care. Foremost was the lack of knowledge and sometimes compassion from the different 60 doctors she visited during her illness. I think that more the government’s fault than the doctor’s, because the government controls what these doctors learn in medical school

About the Author

Elizabeth Hong is a Colombian writer, producer and director who moved to the United States at the age of 10 with her family. At the age of 20 she moved to New York City to pursue acting at the school of Film an Television and later on she became a lifestyle photographer. Elizabeth returned to Miami, Florida where she met her current husband Daniel Montoya and in 2006 they both formed a video production company. During this time she produced several video projects ranging from music videos to commercial spots and in 2008 she wrote, produced and directed her first documentary, The Born To Win. Her second documentary, Mercury Undercover (2011) which she also wrote, produced and directed was part of the official selection at Cinema Verde, an environmental film festival in Florida. Elizabeth’s first publication, is an adaptation of her film Mercury Undercover (2012). An E-book that unveils a gripping tale that will make you think twice before you eat your next catch-of-the-day or plan your next visit to the dentist’s office. She currently lives in Irving, Texas with her husband.

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From: Facebook

Sent: February-01-13 2:11 PM

To: Sandra Finley

Subject: New message from Elizabeth Hong

Elizabeth Hong

Hello Sandra

We hope this email finds you well. During the month of January, we launched our Mercury Undercover E-book format through Amazon. Sandra, if possible, can you please, please help us by writing a review here? Thank you for your support.

Best Regards

Elizabeth

Mercury Undercover

. . .  Mercury Undercover unveils how far those in power will go to prevent you from learning the truth abo…

Jan 272013
 

The Treaty on mercury signed this month is important.

But it’s not much good if few people know about it.

The Dental Colleges across Canada must stop teaching that putting mercury into people’s mouths is defensible.

 

I sent the following to President Busch-Vishniac at the University of Saskatchewan.  I am hoping that others of you will challenge your Universities.

Or, please help raise awareness by alerting someone who is not in our networks.  Persons who work in dental offices have a particular need-to-know, also.

Appreciation to Elaine Hughes for the appended links to news reports in the wake of the international mercury treaty.

Thanks!   /Sandra

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SENT:  Sun 27/01/2013 12:04 PM

Dear President Ilene Busch-Vishniac,

 

Of particular interest to the University, from the 5th and final round of U.N. negotiations on mercury reduction:

  • Phased-in cessation of the use of dental amalgam (50% mercury)  (which the Dental College still teaches).

 

FYI:  the clause about dental amalgam in the Treaty, and 3 different news reports are posted at:  2013-01-21  U.N. clinches global deal on cutting mercury emissions, Reuters    (Scroll down past the page headings.)

 

There is no reason why there cannot be an immediate cessation to the placement of mercury into people’s mouths.   There should be.  And it is going to happen, anyway.   It is a humanitarian move.

 

I am drawing this to your attention:

  • Persons such as yourself sometimes think that dental colleges have stopped the use and teaching of mercury fillings (“dental amalgam”).
  • Most children of people of means (like yours) will have cosmetically-attractive “white” fillings.  Most First Nations and poor children will have “silver” (mercury) fillings.  The cost advantage of the latter is negligible and if you factor in the eventual health costs that are handed to the public purse to pay, the composite fillings are definitely LESS expensive.
  • Past efforts to engage the Colleges of Dentistry, Medicine and Toxicology in an information exchange on mercury fillings (e.g. individual invitations to the “Mercury Jamboree” held at the University in March 2012) have not been fruitful.
  • The Colleges stick to the status quo arguments that have been soundly refuted or involve people and organizations (sources) who are in a conflict-of-interest, see the appended excerpt from the Star Phoenix.
  • There are better, less harmful alternatives than amalgam.  The University of Calgary and other institutions have documented the off-gassing of mercury in the mouth from dental amalgam.  The toxicity of mercury is known; it’s not like we live in the Middle Ages.  An example of the conflicts-of-interest:  Canada’s Chief Dentist has the gall to simultaneously represent the amalgam industry, as well as the public interest (to quote him as an authority on “safe amalgam” is unacceptable).
  • A number of European countries have banned dental amalgam.
  • And now this international treaty is, fortunately, a move in the right direction.
  • The networks of people who have suffered serious health problems because of insidious slow mercury poisoning share information.  When dentists continue to place mercury fillings in mouths, when the University continues to teach the use of these fillings, all it does is to discredit the dental profession – –  people become aware of what “dental amalgam” actually is and they then tend to become angry.  It’s a “no-brainer” that you would not put mercury in your mouth.
  • The University is betraying the students of dentistry, and the patients who come to the Dental Clinic.  They trust “doctors” and their professors.
  • Medical doctors most often do not diagnose mercury poisoning, and certainly not mercury poisoning from dental amalgam.

If you have any doubt about poisoning by dental amalgam, thumbnails of various information postings are generated by clicking on  Mercury poisoning, dental amalgams.  There is a cluster of scientific information around 2010.  Since then the postings are mostly about stopping the use of mercury fillings.  (Scroll down past the page headings.  Click on the heading of any posting if you wish to read more than the thumb nail, and note that links work only if you are in the actual posting.)

I will be forwarding the news of the mercury treaty to Idle No More.  Mercury poisoning is a serious issue for First Nations health.  And also,  Idle No More recognizes that we must stop the poisoning of the environment.   Mercury fillings mean large amounts of mercury going into our water supplies, in spite of “encouragement” for practitioners to separate out the contaminated water.  (And where does the contaminated water go?  Mercury is an element.  It doesn’t break down.)

 

I believe the world can be a better place for everyone, when we all pitch in where we can.  I do not know if you might play a role in helping the College of Dentistry to stop the use of mercury fillings.  All that is required is an open-minded assessment by the instructors of the available science.

 

There would not be a U.N. Treaty on stopping the use of products that contain mercury if there were not solid scientific grounds.

 

Best wishes,

 

Sandra (Finley)

 

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STAR PHOENIX ARTICLE, DEAN OF DENTISTRY, U OF S,  RE: DENTAL AMALGAM, March 29, 2012  (http://sandrafinley.ca/?p=4872 )

excerpt:

Dr. Gerry Uswak, dean of the college of dentistry at the University of Saskatchewan and president of the Canadian Association of Public Health Dentistry said the profession here still supports the use of amalgam.

“The evidence we find credible in the literature suggests dental amalgam is still a viable restorative material and should not be banned,” he said.

“We defer to the expertise at the national level, the Canadian Dental Association (CDA) and Health Canada and the chief dental officer of Canada. Through a variety of processes they put together expert panels and make recommendations,” he said.

“Amalgam continues to demonstrate clear advantages in many applications over other restorative materials especially in relation to the average duration of restorations,” the CDA says in a position paper.

“Although amalgam fillings release minute amounts of mercury vapour, current scientific consensus supports the position that amalgam does not contribute to illness,” the paper says.

“There are no data to suggest the removal of amalgam restorations should be performed in an attempt to treat patients with non-specific chronic complaints,” it says.

 

(deleted – copy of email exchange with the University in March, drawing the International Negotiations to the attention of Deans of Colleges, Dentistry, Medicine, Toxicology and Environment)

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APPENDED:  

Appreciation to Elaine Hughes for these links to news reports in the wake of the international Treaty on mercury

Nations agree on legally binding mercury rules.  More than 140 countries have agreed on a set of legally binding measures to curb mercury pollution, at UN talks. Delegates in Geneva approved measures to control the use of the highly toxic metal in order to reduce the amount of mercury released into the environment. BBC  http://bbc.in/13P5CyR

Still searching for answers. Discarded batteries and mercury-based products routinely find their way into waste treatment plants despite their toxic content, but authorities are yet to wake up to the lurking dangers to human life and the environment. Times of India, India.   http://bit.ly/YgD6pz

Port Botany mercury fears. The chemical company Orica, responsible for a string of toxic leaks across the state, is being accused of covering up the extent of mercury contamination around its Port Botany site, potentially risking the health of thousands of residents. Sydney Morning Herald, Australia. [Registration Required] http://bit.ly/VdzBf4

Sydney residents fear Orica contamination. Worried residents want the NSW government to test soil around a southern Sydney Orica chemical plant for mercury contamination, saying they don’t trust the company’s assurances the area is safe. Australian Associated Press  http://bit.ly/UbiBHi

Mercury emissions threaten ocean, lake food webs. As United Nations delegates end their mercury treaty talks today, scientists warn that ongoing emissions are more of a threat to food webs than the mercury already in the environment. At the same time, climate change is likely to alter food webs and patterns of mercury transport in places such as the Arctic, which will further complicate efforts to keep the contaminant out of people and their food. Environmental Health News  http://bit.ly/WM8tBX

Rich countries reluctant to help finance mercury treaty: UN officials. Crisis-weary developed countries’ reluctance to help finance a ground-breaking international treaty to rein in the use of health-hazardous mercury is threatening the accord, UN officials warned Thursday. Agence France-Presse  http://f24.my/WaCUlH

Treaty on mercury would not affect vaccines with thimerosal.  A global treaty to reduce toxic mercury in the environment has been completed. However, the omission of thimerosal-containing vaccines from the ban disappointed advocates who believe it plays a role in sickening some children. Washington Times, District of Columbia.
http://bit.ly/10JhfJ3

 

 

 

Jan 262013
 

We have been attentive to the international negotiations on mercury.   Surely, input from NGO’s and citizens had an influence on the outcome.

The text of the U.N. Treaty to reduce mercury pollution is not perfect, but it clearly sets us on a path that will end the use of mercury in dental fillings (and other sources).  Provided that the American Dental Association and other industry interests are prevented from exercising their influence.

The use of ethyl mercury in vaccinations will not change.

 

CONTENTS

  1. TEXT from the treaty,  DENTAL AMALGAMS: MEASURES TO BE TAKEN BY COUNTRIES TO REDUCE USE
  2. REUTERS REPORT ABOUT THE NEW  U.N. TREATY ON MERCURY

COMPARE NEWS REPORTS:

  • #3 is based on the public interest.
  • #4 shields the industry interest in using mercury fillings.  Statements such as “it (dental amalgam)  only accounts for about 8% of the overall use of mercury, said Dr. Fox.”  are misleading because mercury fillings are the single largest source of mercury that people with them will ever experience.  You will see through other statements as well.

3.  NEWS ARTICLE:  U.N. Calls For Global Phase Down Of Mercury Fillings

4.  NEWS ARTICLE:  UN Treaty Calls for Dental Amalgam Reduction, Medscape

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1.  TEXT from the treaty, DENTAL AMALGAMS: MEASURES TO BE TAKEN BY COUNTRIES TO REDUCE USE

[1] UNEP(DTIE)/Hg/INC.5/CRP.4618, January 2013

Article 6, Annex C, Part II, Dental amalgam Provisions

Measures to be taken by a Party to phase down the use of dental amalgam shall take into account the Party’s domestic circumstances and relevant international guidance and shall include two or more of the measures from the following list:

(i) Setting national objectives aiming at dental caries prevention and health promotion, thereby minimising the need for dental restoration;

(ii) Setting national objectives aiming at minimising its use;

(iii) Promoting the use of cost-effective and clinically effective mercury-free alternatives for dental restoration;

(iv) Promoting research and development of quality mercury-free materials for dental restoration;

(v) Encouraging representative professional organisations and dental schools to educate and train dental professionals and students on the use of mercury-free dental restoration alternatives and on promoting best management practices;

(vi) Discouraging insurance policies, and programmes that favour dental amalgam use over mercury-free dental restoration;

(vii) Encouraging insurance policies and programmes that favour the use of quality alternatives to dental amalgam for dental restoration;

(viii) Restricting the use of dental amalgam to its encapsulated form;

(ix) Promoting the use of best environmental practices in dental facilities to reduce releases of mercury and mercury compounds to water and land.

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2.  REUTERS  REPORT ABOUT THE NEW U.N.TREATY ON MERCURY

http://planetark.org/wen/67666

Country: SWITZERLAND
Author: Tom Miles and Emma Farge
More than 140 countries have agreed on the first global treaty to cut mercury pollution through a blacklist of household items and new controls on power plants and small-scale mines, the United Nations said on Saturday.
The legally-binding agreement aims to phase out many products that use the toxic liquid metal such as batteries, thermometers and some fluorescent lamps, through banning global import and exports by 2020.
The treaty will require countries with coal-fired power plants such as India and China to install filters and scrubbers on new plants and to commit to reducing emissions from existing operations to prevent mercury from coal reaching the atmosphere.
“We have closed a chapter on a journey that has taken four years of often intense but ultimately successful negotiations and opened a new chapter towards a sustainable future,” said Fernando Lugris, chair of the negotiations.
The deal also includes measures to reduce mercury use in small-scale gold mining, although stopped short of an all-out ban. Gold prices near $1,700 a metric ton have spurred the use of mercury as a catalyst to separate gold from its ore.
Emissions of mercury from artisanal and small-scale gold mines, which are usually unofficial and often illegal, more than doubled to 727 metric tons in 2010 from 2005 levels, overtaking coal-fired power plants as the main source of pollution from the metal.
The Minamata Convention on Mercury – named after the Japanese city where people were poisoned in the mid-20th century from industrial discharges of mercury – needs ratification from 50 countries and is expected to be formalized later this year.
The treaty requires governments to draw up national rules to comply and could take between three to five years to take effect.

As mercury, also known as quicksilver, is released to the air or washed into rivers and oceans, it spreads worldwide, and builds up in humans mostly through consumption of fish. The brains of fetuses and infants are particularly vulnerable to damage from mercury.

Officials said the financing required to bring in cleaner technology for industry and help developing countries come up with local solutions was one of the major sticking points of the six-day negotiations.

“Financing was agreed very early this morning and it was one of the most difficult aspects,” said Lugris.

Japan, Norway and Switzerland have made initial pledges totaling $3 million in financing and an interim financial arrangement will be discussed in April by the Global Environment Facility, said Tim Kasten, head of the chemicals branch of UNEP.

Countries failed to agree on including vaccines where mercury is sometimes used as a preservative.

SOFT LANGUAGE?

While negotiators celebrated the deal reached after all-night talks in the fifth and final round of talks, the response from some non-governmental organizations (NGO) was more muted.

“The treaty will not bring immediate reductions of mercury emissions. It will need to be improved and strengthened, to make all fish safe to eat,” said David Lennett from the Natural Resources Defense Council.

NGO IPEN, which aims to reduce the health risk of chemicals, described the language of the treaty as “soft” and “somewhat voluntary in nature” and said it was unlikely to result in a global reduction of mercury releases.

“Countries that do not want to do this can escape quite easily,” said IPEN’s Joe DiGangi.

In one notable climbdown, countries abandoned their goal of setting concrete targets for pollution levels from coal-fired power plants and cement factories, but negotiators said they would defer these discussions to a later meeting.

For mining, the treaty requires action from governments to reduce mercury use where artisanal and small-scale gold mining is “more than insignificant” but has no list of countries.

Alternatives to mercury in small mines are available, such as magnetic sluices, but developing countries have complained about the cost of implementation.

Many developing countries including Brazil and Mali strongly resisted attempts to limit imports of mercury, according to IPEN, because of the economic importance of small mines.

“The supply is still available, the practice of artisanal mining is still polluting and we are left with a mess at the end and there is no funding to clean it up,” said DiGangi.

Artisanal and small gold mines now account for around 35 percent of global mercury pollution, according to a study by the U.N. Environment Programme published last week.

Other NGOs welcomed the number of products included in the treaty.

“The list of products was much longer than we expected,” said Elena Lymberidi-Settimo, a coordinator at Zero Mercury Working Group. “The treaty sends the right market signal and will eventually lead to less exposure worldwide.”

Many nations have already tightened laws – the United States barred exports of mercury from January 1, 2013. The European Union, until 2008 the main global exporter, barred exports of the liquid metal in 2011.

(Reporting by Emma Farge and Tom Miles; Editing by Sophie Hares)

© Thomson Reuters 2013 All rights reserved

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COMPARE THE FOLLOWING TWO NEWS REPORTS:

  • #3 is based on the public interest.
  • #4 shields the industry interest in using mercury fillings.  Statements such as “it (dental amalgam)  only accounts for about 8% of the overall use of mercury, said Dr. Fox.”  are misleading because mercury fillings are the single largest source of mercury that people with them will ever experience.  You will see through other statements as well.

3.  NEWS ARTICLE: U.N. Calls For Global Phase Down Of Mercury Fillings

U.N. Calls For Global Phase Down Of Mercury Fillings

http://www.melodika.net/index.php?option=com_content&task=view&id=574360&Itemid=54

Saturday, 26 January 2013
The International Academy of Oral Medicine and Toxicology (IAOMT), a scientific dental organization, is unveiling an educational technical program to assist interested nations in facilitating a UN global treaty’s requirement to phase-down use of dental amalgam fillings.IAOMT delegates, other NGO’s and 137 countries participated in the United Nations Environment Programme’s (UNEP) Intergovernmental Negotiating Committee (INC5) meeting in Geneva, Switzerland, where, on January 19, these nations formalized a legally-binding treaty to reduce global use of dental amalgam, a restorative tooth filling material containing 50% mercury.

The IAOMT committed its membership to provide technical dental assistance to all nations, particularly developing countries and those in transition.

The Academy’s program will include educational workshops and hands-on support to dental professionals worldwide in order to achieve a viable transition from dental amalgam to safer alternatives.

Meanwhile, countries around the world have applauded INC5 for acknowledging that mercury from all sources must be diminished and then eliminated to protect human health and the environment. Achim Steiner, UNEP Executive Director explained, “Mercury, which exists in various forms, remains a major global, regional and national challenge in terms of threats to human health and the environment.”

The Australian Dental Industry Association supported the treaty’s movement away from mercury fillings, and noted, “There was widespread acceptance that dental amalgam is a major source of mercury pollution, particularly in waterways.

“While officials in Pakistan called for a mercury-free country, Environmental Protection Agency (Pak-EPA) Director General Asif Shuja Khan, highlighted the final round of UN negotiations as “our world’s last chance” to take strong action on reducing mercury trade and use.

The East African Dental Amalgam Phase-down (EADAP) Project assisted by WHO’s Oral Health Programme has realized the increased importance of alternative non-mercury dental restoratives.

WHO’s Mercury Policy Report confirmed that mercury contained in dental amalgam is the greatest source of human exposure to mercury in non-industrial settings.

Continuous emissions of mercury vapors from amalgam fillings placed in millions of mouths worldwide causes damage to the kidney, liver, and brain and has been linked to infertility. Mercury is particularly harmful to the nervous system of developing fetuses and young children. (See INC5 Bulletin)

Despite the treaty’s call to phase-down dental amalgam together with a plethora of scientific research demonstrating the damaging effects of dental mercury to humans and the environment, the American Dental Association continues to promote mercury amalgams as safe.

Conversely, risk assessments conducted in 2010 and 2012 by Dr. Mark Richardson identified toxic levels of mercury released from dental amalgam, a 2012 Yale University study evidenced the dangers of occupational mercury exposure, and recent studies reaffirm harm to children inflicted by dental mercury.

Considering the documented potential harmful effects of mercury amalgams, IAOMT strove for more stringent regulations, such as mandatory special protection for indigenous peoples, pregnant women, and children.

However, Pierre LaRose, DDS, a meeting attendee on behalf of IAOMT, valued the international recognition of the health and environmental hazards of mercury in dentistry as “a major victory.”

David Simone, DDS, who also attended the conference, explained the impetus for IAOMT’s new program, “In view of the treaty’s phase down language, IAOMT has planned and implemented a specially-designed, mercury-safe ‘Technical Dental Assistance Program’ for all member nations.”

IAOMT’s program offers six hands-on steps toward ending dental mercury use. The program will be available at next year’s UN Treaty meeting. Nations interested in learning about the program now are invited to contact the IAOMT.

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4.  NEWS ARTICLE: UN Treaty Calls for Dental Amalgam Reduction, Medscape

UN Treaty Calls for Dental Amalgam Reduction

Laird Harrison

Jan 25, 2013

http://www.medscape.com/viewarticle/778273

An international treaty drafted earlier this month calls for phasing out dental amalgam to reduce mercury pollution.

The Minamata Convention, negotiated under the auspices of the United Nations Environmental Programme (UNEP), sets a deadline for banning the manufacture, import, and export of several categories of products containing mercury, such as batteries, light bulbs, and cosmetics, by 2020.

However, it excludes dental amalgam from this list, instead laying out measures that should be used to reduce its use. It does not set a timetable and leaves much to the discretion of individual countries.

“We were very happy in the end,” Christopher Fox, DMD, DMSc, executive director of the International & American Associations for Dental Research (IADR), told Medscape Medical News. “We were very pleased that they gave deference to science-based policy.”

Although the text has not been finalized, participants from 137 countries agreed in principle to the draft document on January 19. Individual countries must ratify the treaty before it becomes legally binding, Dr. Fox said.

The final report will be adopted and opened for signature in a conference held this October in Kumamoto/Minimata, Japan.

Goals for Amalgam 

The draft document has not been released to the public, but Dr. Fox verified the accuracy of a January 21 report on it published in the Earth Negotiations Bulletin, which is put out by the International Institute for Sustainable Development, a nonprofit environmental group based in Winnipeg, Canada.

According to that report, the signatories must agree to take at least 2 of the following steps, subject to their individual circumstances:

•  setting national objectives aiming at dental caries prevention and health promotion, thereby minimizing the need for dental restoration;

•  setting national objectives aiming at minimizing the use of dental amalgam;

•  promoting the use of cost-effective and clinically effective mercury-free alternatives for dental restoration;

•  promoting research and development of quality mercury-free materials for dental restoration;

•  encouraging representative professional organizations and dental schools to educate and train dental professionals and students on the use of mercury-free dental restoration alternatives and on promoting best management practices;

•  discouraging insurance policies and programs that favor dental amalgam use over mercury-free dental restoration;

•  encouraging insurance policies and programs that favor the use of quality alternatives to dental amalgam for dental restoration;

•  restricting the use of dental amalgam to its encapsulated form; and

•  promoting the use of best environmental practices in dental facilities to reduce releases of mercury and mercury compounds to water and land.

 

The report in the Earth Negotiations Bulletin called the negotiations on dental amalgam “divisive,” with Switzerland and Norway pushing for an outright ban on the substance. Some groups claimed that it harms patients and professionals when used in fillings, and others argued that it is a safe and effective way to treat cavities. Participants also clashed about the viability of alternatives, according to the report.

The American Dental Association participated through the World Dental Federation and added its voice to those arguing that there should be no timetable for phasing out dental amalgam.

The World Dental Federation, World Health Organization, and IADR argued that the best way to phase out amalgam is to reduce the need for it by promoting oral health. “We need an increased emphasis on prevention,” said Dr. Fox. “The best dental restoration is no dental restoration.”

Beyond that, the IADR called for more resources to develop alternative dental materials. In a December meeting, the IADR, World Health Organization, UNEP, and other international groups noted concerns about health hazards from bisphenol A in composite resins as a reason giving urgency to the search for alternatives.

Dental amalgam was not the major focus of the January UNEP meeting; it only accounts for about 8% of the overall use of mercury, said Dr. Fox.

Cremation of patients with amalgam restorations causes about 1% to 2% of mercury air pollution, he said. A bigger concern is mercury in wastewater from dental operatories, and Dr. Fox speculated that the treaty might push the US Environmental Protection Agency toward requiring amalgam separators.

“We also recognize that we do have a responsibility to the environment,” Daniel M. Meyer, DDS, senior vice president for science/professional affairs at the American Dental Association, told Medscape Medical News. “The House of Delegates passed a resolution to work with the [Environmental Protection Agency] to establish appropriate regulations.”

The Minamata Convention derives its name from a Japanese city devastated by mercury pollution.

Fifth Session of the Intergovernmental Negotiating Committee to Prepare a Global Legally Binding Instrument on Mercury, January 13-19, 2013. Geneva, Switzerland.

 

Jan 252013
 

http://www.thestar.com/news/gta/2013/01/23/toronto_peace_activist_88_could_go_to_jail_for_refusing_to_fill_out_census.html

(There’s a picture of Audrey at the link.)

 

TORONTO STAR

Audrey Tobias, an 88-year-old World War II veteran and peace activist, could go to jail for refusing to sign her 2011 census form because Lockheed Martin, which produces cluster bombs and other weaponry, processes census information for Ottawa.

By Catherine Porter, Columnist

 

Audrey Tobias passed the war memorial on her careful walk up the snowy stone steps of Old City Hall on Wednesday morning.

She is 88 and a war veteran. She came to court to fight for peace and answer for her crime: refusing to fill out the 2011 census form.

How are the two related?

The census was processed with “optic recognition” software supplied by Lockheed Martin, the same company that produces cluster bombs and Trident missiles and those mysteriously priced F-35 fighter jets.

“It is shameful,” Tobias says. “Lockheed Martin is the largest manufacturer of military weapons in the world and I am committed to peaceful positions.”

Tobias is the type of Harold and Maude grandmother who fills you with awe. She is spry, active, full of zing. She dyes her hair the colour of papayas and whips to three exercise classes a week.

She has recreated herself many times: as a looper in a knitting wool factory, a high school teacher, a librarian, a part-time bookkeeping prof at Ryerson.

“The trick,” she says, “is to land on your feet when you are on your head.”

If you peel back her charm, though, you’ll find an iron-dipped nervous system.

Tobias lived through World War II, working in Halifax on a “landship” as part of a team simulating naval battles for officers.

Then, in 1949, she toured Eastern Europe as a delegate of the World Federation of Democratic Youth.

She visited the Warsaw ghetto. “It was literally deathly silence. There was not an insect, there was not a bird.”

In recent years, she helped run the group Veterans Against Nuclear Arms, marching in her white beret before the American embassy as its government rumbled towards war in Iraq, and handing out leaflets against the CNE air show as F-16 Fighting Falcons screeched overhead.

So, when she read that Lockheed Martin had secured about $81 million of Canadian tax money — including hers — to provide the processing software to scan and automate the 2006 and 2011 census forms that had been mailed in, she balked. She wouldn’t budge no matter how many Statistics Canada employees knocked politely at her door.

““They came in and had a cup of tea,” Tobias says. “They were all smiley and agreeable. Nobody argufied.

“I told them I’m a veteran. I want to be proud of my country. And I am ashamed of my prime minister and his cabinet.”

Then came her summons to court. Tobias is one of 54 Canadians being prosecuted for violating the Statistics Act: refusing or neglecting to fill in and return the census of population.

A precedent is still making its way through the court system. Former Saskatchewan Green Party leader Sandra Finley was found guilty, although the judge gave her an absolute discharge. Still, she appealed on moral grounds and her case was heard last November by the Saskatchewan Court of Appeal. Although her main objection was in line with Tobias, her lawyer based her case on breech of privacy.

Tobias doesn’t plan to follow that route. She brought a gift to court for her lawyer, Peter Rosenthal. It was a paperback copy of William Hartung’s Prophets of War: Lockheed Martin and the Making of the Military-Industrial Complex.

The census is chump change for the company, which netted $46.5 billion in 2011. But, according to its annual report of that year, information systems make up 20 per cent of its business. With those F-35 fighter contracts going stale, Lockheed Martin needs to diversify.

And this is about principle.

This is the same government that vilifies activists as dangerous radicals, even terrorists.

““I have no armaments,” Tobias says. “Why aren’t they afraid of Lockheed Martin? The contradiction is striking.”

The penalty for being found guilty of contravening the Statistics Act is a fine of $500 or three months in jail, or both.

“If they fine me, I won’t pay it,” Tobias says. “That would be an admission of guilt.”

Her case was pushed off another month. Rosenthal says it is unlikely to be heard in full until the summer.

Catherine Porter’s column usually appears on Tuesday, Thursday and Saturday.

Jan 222013
 

http://www.macleans.ca/education/uniandcollege/big-payouts-to-university-administrators-arent-right/

Saskatchewan cuts millions while former execs get paid

Ishmael Daro

There’s a bit of panic these days at the University of Saskatchewan. Secretaries who gave decades to the school are now boxing up their desks and students are worried about the quality of their programs as the university chops its way out of a budget deficit projected at $44.5-million by 2016.

In November five administrative staff from humanities and fine arts were fired. Then the university announced the closure of a remote campus,* leaving students in certain disciplines unsure whether they would graduate on schedule. Last week, 40 more job cuts were promised.

Adding insult to injury is that a couple of guys who helped run the university right before this crisis are receiving a combined $1.3-million from the budget after leaving, reports the StarPhoenix. And that doesn’t include pension contributions.

Peter MacKinnon, the university’s president for 13 years before retiring in 2012, is receiving $850,000 over two years. It’s mostly “paid administrative leave” that he was entitled to under his contracts but didn’t end up taking during his term. Richard Florizone served as vice-president of finances since 2005 and was on paid leave until he was recently named president of Dalhousie University. Florizone will receive his full salary from the U of S until April, nearly $350,000.

MacKinnon wrote in an e-mail to me that his compensation was decided by the university’s Board of Governors and that “any comment on that determination” must come from them. Florizone wrote that “administrative leaves for senior administrators are a common practice in Canadian universities” and points to his fellowship at the Johnson-Shoyama Graduate School of Public Policy as well as a recent stint at the World Bank as reasons his paid leave is valuable to the public.

I still don’t think they’re worth the money, especially at a time when so much is being cut. MacKinnon and Florizone are at least partly responsible for the financial planning that left the university scrambling. While at the university, they made grand funding announcements that the provincial government was required to subsequently step in and pay for. The latest example is a health sciences complex that would likely remain incomplete if the government hadn’t stepped in.

The $44.5-million shortfall that now exists is the result provincial funding that increased only 2.1 per cent rather than the 5.8 per cent as administration budgeted. That suggests they built the school’s future built on wishful thinking.

Florizone has this view: “I am proud to have played my role in the growth and consistent balanced budgets at the University of Saskatchewan over the past decade,” he writes.

He’s certainly correct that it isn’t unusual for top university administrators to receive big compensation after leaving. Concordia University paid out more than $4 million in severance in recent years. But students and taxpayers in Quebec were sufficiently outraged that Jean Charest’s Liberal government fined the university $2 million for what it saw as excessive payouts.

The payouts MacKinnon and Florizone are receiving are not the same as severance, but it’s still distasteful that the Board of Governors would have offered them in the first place.

It’s also cruelly ironic that MacKinnon’s final year in office was essentially a 12-month victory lap during which the university celebrated his “legacy of leadership.” He now has a building named after him and an office on campus where he is working on a book.

That book is one of the things Barb Daigle, vice-president of human resources at the university, offered to the StarPhoenix as examples of how MacKinnon continues to be productive on his six-figure administrative leave. MacKinnon says he is writing “on the modern history of the University of Saskatchewan.” I wonder whether the current round of budget cuts will be included in his work?

Ishmael Daro was editor of The Sheaf student newspaper and now writes for The Albatross.

*This post was updated on Jan. 22. because it incorrectly referred to the closure of two campuses. In fact, it is only one campus, Emma Lake Kenderdine, where operations are now suspended.

Jan 182013
 

http://www.thestarphoenix.com/business/pays+former+senior+executives/7825319/story.html#ixzz2INRfkICr

By Jason Warick, The StarPhoenix

Two University of Saskatchewan administrators who resigned last year will continue to receive a total of more than $1.3 million in salary and other compensation in the coming months, The StarPhoenix has learned.

 

Peter MacKinnon, who resigned in June after a 13year presidency, will be paid his full annual salary of $425,000 for two years.

 

Former vice-president Richard Florizone, who was already on paid leave from the U of S when he accepted the president’s job at Dalhousie University in November, will receive his full salary of $349,827 until April 14.

 

When pension contributions and expenses are factored in, MacKinnon’s total compensation from the university over two years will be $962,826. Florizone’s total compensation during the period will be $381,240.

 

Florizone’s leave was approved by MacKinnon, whose own contract was negotiated by a committee of the U of S board of governors.

 

In an interview, Florizone called his compensation a “pretty standard package,” noting the university’s new president, Ilene Busch-Vishniac, accepted the job here while on paid leave from McMaster University.

 

Florizone said he believes his paid leave will be of benefit to the U of S and Saskatchewan as a whole.

 

“I have deep roots in Saskatchewan. I hope to stay engaged,” he said.

 

MacKinnon declined to comment.

 

Attractive packages are necessary to hire talented individuals, U of S board vice-chair Susan Milburn said in an interview.

 

“We look at the competitive environment. We need to go head-to-head (with other universities),” Milburn said.

 

U of S associate vice-president of human resources Barb Daigle said the payments were not part of a severance package, since MacKinnon and Florizone both resigned voluntarily. Such compensation packages are standard for senior leaders at Canadian universities, Daigle said.

 

“We don’t want to be at the bottom of the pack.”

 

MacKinnon’s contract guarantees him two years of paid administrative leave, because he served more than 10 years. Milburn and Daigle said these leaves, like the paid research sabbaticals taken by professors, benefit the university and the wider community. They noted, for example, MacKinnon is now writing a book.

 

“These leaves are very producive,” Milburn said.

 

Brian Zamulinski, president of the union representing U of S sessional lecturers, said MacKinnon’s compensation package amounts to a million-dollar “book advance” worthy of Harry Potter author J.K. Rowling.

 

Zamulinski said he himself brings more than $300,000 in tuition revenue to the U of S every semester by teaching three philosophy classes with a total of 250 students. For this, Zamulinski is paid roughly $20,000 per semester, as are the university’s 240 other sessional lecturers who handle full class loads.

 

He noted MacKinnon and Florizone are leaving at a time when the university is projecting a budget shortfall of $44.5 million by 2016. The university announced Monday it is cutting 40 administrative and support services jobs this month in a first round of layoffs. This is expected to save about $2.3 million annually. Last week Busch-Vishniac announced the university will rank hundreds of academic and administrative programs and services, with those areas ranking low subject to cuts or mergers.

 

 

“I don’t understand it. I think it’s outrageous,” Zamulinski said of the compensation packages. “It strikes me that people who choose to stop working for an institution should stop receiving a salary.”

 

The university’s Emma Lake campus will be shuttered to save $500,000 during the next four years. Clerical staff and others have been laid off, and the university announced last week that a ranking system will be adopted to search for further, much deeper cuts.

 

University of Saskatchewan Students’ Union president Jared Brown said he predicts “students are not going to be too happy” about the compensation. He declined further comment, as the USSU president sits on the university’s board of governors.

 

Busch-Vishniac earns a base annual salary of $400,000. MacKinnon’s salary started at the $200,000 point in 1999 when he began as president.

 

Jim Turk, president of the Canadian Association of University Teachers, said salaries and contracts for senior university administrators are “way out of line.”

 

Ten to 20 years ago, most university presidents and vice-presidents were professors who took time away from their careers to serve as administrators. They would take a paid leave to catch up on new developments before returning to their academic role.

 

Now, universities are often overseen by career administrators who may not need a leave, but can demand it during negotiations with their boards, Turk said.

 

The University of Regina has a similar leave structure to the U of S in place for senior administrators, according to its website.

 

Turk said if a U of R professor took a paid sabbatical and then left for another job, as Florizone has done, that salary could be clawed back.

 

“Why would the (U of S) board of governors not have negotiated that?” he asked.

 

© Copyright (c) The StarPhoenix

13 comments

Jan 182013
 

http://www.hilltimes.com/news/politics/2013/01/17/mulcair-takes-charge-of-any-talks-on-electoral-cooperation-orders-ndp-mps-not-to/33355

By TIM NAUMETZ |

Last Updated: Friday, 01/18/2013 10:29 am EST

NDP Leader Thomas Mulcair has taken charge of public statements from his caucus over the possibility of electoral cooperation with other opposition parties in the next federal election and instructed New Democrat MPs not to respond to a letter Green Party Leader Elizabeth May sent to NDP and Liberal MPs last month broaching the politically explosive topic.

 

PARLIAMENT HILL—NDP Leader Thomas Mulcair has taken charge of public statements from his caucus over the possibility of electoral cooperation with other opposition parties in the next federal election and instructed New Democrat MPs not to respond to a letter Green Party Leader Elizabeth May sent to NDP and Liberal MPs last month broaching the politically explosive topic.

 

The Hill Times learned of Mr. Mulcair’s (Outremont, Que.) edict on Thursday while asking NDP MPs at a two-day Parliament Hill caucus meeting for their views on the possibility of alliances at local electoral district levels, in light of the prominence the Liberal Party has given to discussions over the issue, placing it separately among seven topics for the first Liberal leadership televised debate in Vancouver on Sunday.

 

One of the MPs said he could not discuss it, as the subject was outside his critic role in Mr. Mulcair’s shadow cabinet, and mentioned the letter and Mr. Mulcair’s position on it. Two other NDP MPs also confirmed Mr. Mulcair had taken over the issue as his responsibility, and told his caucus he would respond to Ms. May’s letter.

 

Ms. May confirmed to The Hill Times she sent the letter to other MPs in the opposition in December, out of what she saw as a need to try to begin efforts soon toward electoral cooperation as the 2015 election nears, but she said she did not want to discuss what she said in the letter because it was confidential.

 

Another NDP MP, former whip Yvon Godin (Acadie-Bathhurst, N.B.) confirmed that Mr. Mulcair had taken charge of the issue under his role as party leader, and questioned why Ms. May had even raised the topic with individual MPs.

 

Mr. Godin confirmed he did not reply to Ms. May’s letter.

 

“Since when does a leader send [letters] to the MPs? Usually leaders talk to each other,” Mr. Godin said. “To have a leader start to talk to MPs, I never saw that before. Maybe she likes to do things differently. If she wants to do something, she should talk to the leader, that’s what leaders do.”

 

Mr. Godin indicated the NDP, with its status as the official opposition, may be more intent on taking on Prime Minister Stephen Harper (Calgary Southwest, Alta.) directly to form the next government after the 2015 election.

 

“We have no time with that. At the last election they have voted us in at 103 Members of Parliament and we’re looking ahead at 2015 to take over,” said Mr. Godin, one of several NDP MPs who supported Mr. Mulcair’s strongest opponent in the NDP leadership last year, Brian Topp, a close adviser to the late, former NDP leader Jack Layton.

 

Ms. May has championed cooperation between the opposition parties before and for the 2008 election reached an agreement, as the new Green Party leader, with then-Liberal leader Stéphane Dion (Saint Laurent-Cartierville, Que.) stipulating that the Green Party would not field a candidate against him and the Liberals would not field a candidate against Ms. May as she attempted, unsuccessfully it turned out, to defeat Defence Minister MacKay (Central Nova, N.S.) in the riding he has held since 1997.

 

“I’m trying to establish links of trust with people in other parties and the worst thing to do would be to talk about a confidential letter,” Ms. May said in an interview Thursday.

 

“What’s clearly public is that the Green Party is the only party that is fully committed to finding ways to cooperate before the next election with any party that’s prepared to work with us to get past the first-past-the post [election system],” Ms. May said.

 

“Now, that doesn’t preclude working with the Conservatives for that matter,” she said, explaining that Green Party convention policy calls for election cooperation with the goal of replacing the first-past-the post electoral system—where one candidate can win election with less than 50 per cent of the votes but more than any other candidate—with a proportional representation electoral system where legislative seats are won not just by the candidate with the largest plurality, but assigned also according to the percentage of vote.

 

“That’s really the goal and my public and private views are that if we could find a way, and there’s a big if, in the next election to cooperate with the goal, and we would only cooperate this one time, in order to get rid of first-past-the-post so that in the next election campaign nobody would be worried about, which I think are fairly bogus concerns, about vote splitting,” Ms. May said.

Ms. May said she believes low voter turnout in recent federal elections, particularly among young voters, is of more concern.

 

Coincidentally, Mr. Mulcair was asked for his views about electoral reform on Thursday during a break from his meeting with NDP MPs and reiterated the longstanding NDP support for proportional representation, which has just as long been resisted by Liberal and Conservatives when they held majority governments.

 

A reporter asked Mr. Mulcair about a statement by Liberal leadership candidate Marc Garneau (Westmount-Ville Marie, Que.) in support of a preferential ballot system for Canadian federal elections—where voters rank their alternative preferences on the ballot to ensure the candidate who wins must get more than 50 per cent support —and asked Mr. Mulcair for his view on the proposal.

 

“For 50 years, the NDP has been proposing that we go to a system of proportional representation [and] that’s going to be part of our political offer, but even though it’s not, strictly speaking, constitutional change, it is profound political change in our country and it’s the type of thing that would have to have very broad support. So you would have to do your work of getting support,” Mr. Mulcair replied.

 

“And as I like to point out to members of our party who talk about that a lot, I always remind them that I have to win our government on the current system,” he said.

 

George Smith, NDP executive assistant and media assistant, emailed The Hill Times a copy of a letter Mr. Mulcair sent to Ms. May in response to her letter to the New Democrats.

 

“I agree with you that the main challenge for Parliamentarians and political parties is to encourage the 40 per cent of eligible citizens who do not vote to do so, and especially to push young Canadians to become engaged in political affairs across the country,” Mr. Mulcair wrote, without referring to electoral cooperation.

 

“As you know, the NDP was the first party to make proportional representation a priority in the 1970s. And that is why, the NDP, with Democratic and Parliamentary Reform Critic Craig Scott (Toronto Danforth, Ont.) leading the way, is pursuing consultations with both voters and experts across the country on reforms needed to achieve more adequate representation of the Canadian population,” Mr. Mulcair wrote.

 

“In September, we were able to meet and discuss topics of importance to all Canadians, and I look forward to continuing these discussions in the near future,” the letter said.

 

Liberal leadership candidate Joyce Murray (Vancouver Quadra, B.C.) launched her campaign to contest the party helm in November with, among other major proposals, a call for targeted opposition cooperation between “progressive” parties to defeat Mr. Harper and the Conservative government in the next election in order to reform Canada’s electoral system.

 

“We need a system that actually motivates MPs across parties to work together to solve the big problems,” said Ms. Murray, an environment minister in former B.C. Liberal premier Gordon Campbell’s first Cabinet, in an interview with The Hill Times on Thursday.

 

“I am for electoral reform. In order to do that we need to have a different prime minister,” Ms. Murray said. “With Stephen Harper in the Prime Minister’s seat, that won’t happen. I’m proposing a one-time cooperation and I will work with the Liberals to get agreement on that.”

Tnaumetz  AT  hilltimes.com

21 Comments

Jan 172013
 

In follow-up to:  2010-03-05  Court Allows Torture Suit Against Former Defense Sec’t Donald Rumsfeld

 

Thursday, November 08, 2012

http://jurist.org/paperchase/2012/11/federal-appeals-court-dismisses-torture-suit-against-rumsfeld.php

Federal appeals court dismisses torture suit against Rumsfeld Endia Vereen at 8:43 AM ET

[JURIST] The US Court of Appeals for the Seventh Circuit [official website], sitting en banc Wednesday, ruled [opinion, PDF] that two American citizens cannot sue former defense secretary Donald Rumsfeld [official profile] for alleged torture by US soldiers in Iraq. The plaintiffs, who worked for a private security firm in Iraq, were arrested in 2006 by military personnel after being suspected of dealing arms. The plaintiffs alleged that they were subject to torture tactics in military prison, including sleep deprivation, extreme temperatures, and denial of food and water. In their lawsuit, the plaintiffs argued that Rumsfeld authorized harsh interrogation methods in Iraq and that victims of torture should be able to establish a private right of action against government officials. The Seventh Circuit rejected this argument as unworkable and contrary to the government’s national security interests:

[The plaintiffs] want a judicial order that would make the Secretary of Defense care less about the Secretary’s view of the best military policy, and more about the Secretary’s regard for his own finances. Plaintiffs believe that giving the Secretary of Defense a financial stake in the conduct of interrogators would lead the Secretary to hold the rights of detainees in higher regard—which surely is true, but that change would come at an uncertain cost in national security.

Three judges dissented, arguing that the majority opinion set a dangerous precedent for future government immunity cases. The en banc decision reverses a Seventh Circuit ruling in August 2011 that allowed the lawsuit against Rumsfeld to proceed [JURIST report].

Several Bush administration officials have been sued in recent years for alleged torture and illegal detention. In June 2011 the US Court of Appeals for the District of Columbia Circuit [official website] upheld the dismissal [JURIST report] of a torture suit against Rumsfeld brought by four Afghan and five Iraqi citizens alleging they were illegally detained and tortured. Also last year the US Supreme Court [official website] ruled [opinion, PDF] in Ashcroft v. al-Kidd [Cornell LII backgrounder] that former US attorney general John Ashcroft [JURIST news archive] was immune from suit [JURIST report] by a witness detained in a terror investigation. In February 2011 the Center for Constitutional Rights and the European Center for Human Rights [advocacy websites] urged [JURIST report] the signatory states of the UN Convention Against Torture [text] to pursue criminal charges against former president George W. Bush. Other calls to investigate the criminal culpability of Bush and officials in his administration have been consistently rejected by US officials [JURIST report].

Jan 162013
 

DRAFT  cover letters to accompany the Statements of Claim that will be filed with Court of Queen’s Bench:

  • Laliberte v. McKercher LLP
  • Laliberte v. Liberal Party of Canada

Click on   Laliberte Cover ltrs, Statmt Claim, McKercher & Liberal Party

We used this input:

INFORMATION ON STATEMENTS OF CLAIM

http://www.macmarsh.com/saskatoon-calgary-fortmcmurray-law/Civil-Litigation/Queens-Bench

Statement of Claim:

To initiate an action a “Statement of Claim” is prepared by the “Plaintiff”. A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. By doing so, the plaintiff seeks a legal remedy, and if successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order (eg. an order for damages).

The Statement of Claim is a legal statement made to alert the Defendant of the legal allegations made against him/her or it. A defendant is any party who is required to answer the complaint of a plaintiff in a civil lawsuit before a court.

The Statement of Claim sets out who the parties are and contains a warning statement to the person being served, advising them that they have a limited time to respond to the claim. The general facts about what are claimed by the Plaintiff and the “remedy” is set out in the Statement of Claim.

 

Mediation:

Once the Statement of Defence is filed, the action is referred to Mediation Services. Mediation Services is a division of the Saskatchewan Provincial Government known as the Dispute Resolution Office. Mediation is mandatory. At mediation no judge is present. The Mediator, the parties and their respective lawyers attend in order to determine whether or not settlement can be reached with regard to the issues. Anything said at the Mediation meeting is privileged and cannot be used later in court.

 

Statement of Documents:

In fairness, and in order to prepare for trial, and to help enable the ends of justice, the rules of court require that each party disclose to the full extent of the party’s knowledge, all documents relating to any matter in issue in the action, that are, or have been, in the party’s possession, control or power. These documents may include letters, agreements, videotapes, computer records, etc. Some documents do not have to be disclosed. These may include communications, which are subject to solicitor/ client privilege.

A Statement of Documents lists all of the documents in a respective parties possession or control. If a document is not revealed and the matter eventually proceeds to trial, the party who did not reveal it may be prevented from using it at trial or may be deemed dishonest. It is therefore of the utmost importance to follow the rules regarding disclosure and to provide disclosure as required. In order for your lawyer to properly act on your behalf, you must be completely honest and tell him/her everything so that they can do their job.

 

Notice of Motion:

Sometimes there are procedural disputes before trial. An example might be a dispute about whether or not a document is subject to solicitor/client privilege. These disputes can be resolved by way of a chambers motion. The party who is dissatisfied with the conduct of the proceedings may bring a Notice of Motion, which is essentially an appointment with a Judge, wherein, the counsel for the Defendant and Plaintiff may speak and a Judge decides how to proceed.

Affidavit(s) and a Brief of Law accompany the Notice of Motion. An Affidavit is a document wherein a person swears or affirms the contents and facts stated. It sets out factual information to be presented to the court. This document is used in Chambers hearings because, people generally do not testify in person.

A Brief of Law is a document usually prepared by each party’s lawyer. It contains legal arguments and refers to related court decisions (“case law”) and applicable legislation.

 

Examinations for Discovery:

The Examinations for Discovery are proceedings wherein each side attends with their lawyer at a court reporter’s office. There is no Judge present. Each lawyer is allowed to ask the other party questions under oath about the dispute. The questions and answers are recorded by a court reporter and the answers can be used at trail. A printed copy (called the “transcript”) is provided each side. The statements that are made by the person being examined can be “read in” at trial from the transcript instead of calling witnesses to prove a fact.

This process helps facilitate preparation for Trial. Examinations allow the parties to learn in more detail the facts that the other side is relying upon. It also sometimes results in a settlement because each party understands the other side’s position better.

If an action is for $50,000.00 or less and it is under Simplified Procedure, there are usually no examinations for discovery.

 

Undertakings:

At an examination for discovery, where a person does not know the answer, they maybe asked to make an undertaking to provide an answer later. After the examinations are complete, each side is required to comply with the undertakings they made during the examinations for discovery and answer them in writing.

 

Pre-Trial Conference:

At the Pre-Trial Conference the parties and their counsel are required to appear at court for this meeting. Counsel is required to prepare a pre-trial brief, which outlines the facts and their case law. A Judge is present and prior to the pre-trial will review the pre-trial brief filed by each lawyer. The Judge provides each side with his/her realistic assessment of what they think will happen at trial. As such, the judge can help facilitate settlement. Like Mediation, anything said at the pre-trial conference is privileged and cannot be used at trial.

The Pre-Trial Conference is one last attempt at trying to resolve the matters before proceeding to trial in an effort to save time, money and the uncertainty of outcome involved in a trial.

If the matter does not settle at Pre-Trial, the pre-trial Judge will not be the trial Judge. Where an action is for $50,000.00 or less and brought under the Simplified Procedure there is no Pre-Trial Conference.

 

The Big Day: Trial

If you have made it this far, you are likely now on a first name basis with your lawyer.

At trial each party will call witnesses to testify. The Judge will hear the witnesses, assess their credibility, listen to counsels submissions, will review all the pleadings and case law and will then give their judgment. The judgment is often “reserved” which means that a written decision will be provided days, weeks, or months later depending on the complexity of the case.

 

Simplified Procedure:

Simplified procedure is an alternative and arguably less expensive legal proceeding for a civil action at Queen’s Bench where the claim valued at $50,000.00 or less. Usually Examinations for discovery do not take place and a pre-trial conference does not take place at all.

Trials may be heard by way of affidavit evidence in chambers if the facts are not in dispute. If facts are in dispute, the court might choose to hear some witnesses testify in person, but there is a time limit on the length of each person’s evidence. This procedure is still relatively complex and requires a great deal of preparation and effort by each party.

 

Costs:

Civil litigation is expensive. If an action goes all the way to trial a party may be looking at up to $20,000.00 in legal fees alone. In most court actions, the unsuccessful party is ordered to pay costs to the successful side. The costs will usually not be the full legal bill incurred by the successful party. The costs awarded are set out in a chart that correlates to specific tasks done over the course of the litigation with the amount of the claim. Therefore, if a party is awarded costs, it will likely only represent a portion of the actual legal fees.

 

Other Aspects of Civil Litigation:

Just because a decision has been made at trial, does not mean it is over. If a party is dissatisfied with the Court’s decision, they may decide to appeal it to the Saskatchewan Court of Appeal. An appeal involves lengthy and complicated documents, including a “factum” which contains the main legal argument. A great deal of work is required by a lawyer to prepare for the Court of Appeal. Hearings before this court usually involve three Judges rather than one. Only certain types of issues can be raised with the Court of Appeal.

If a party is unsatisfied with the outcome at the Saskatchewan Court of Appeal, a party can appeal a decision of the Saskatchewan Court of Appeal to the Supreme Court of Canada (“S.C.C.”). The S.C.C. is the final and last Court of Appeal in Canada.

However, it is important to note that most civil actions will not qualify to be appealed to this level and will not be heard unless the Supreme Court grants its permission to hear it. The rules and procedure involved to take an appeal to the Supreme Court of Canada is extremely technical, time intensive and expensive. For that reason, most court actions end either at the Court of Queen’s Bench or the Court of Appeal and are not pursued further.

 

Jan 142013
 

On a moonlit night

Over a moonlit water

With open windows . . . we danced

Like shear curtains in the breeze

 

Then I noticed the yawning camels

Watching us showing off

A communion with spirit

Grace & coordination beyond the norm

Then seeing camels’ faces contorted with pain

Abandonment & isolation

 

Why did they not rejoice

In our union & celebration

Of life with Dance

As our 1sr language?