RE: My trial over non-compliance with the 2006 census (because part of the census work is out-sourced to Lockheed Martin Corporation). I received summons to court in March 2008.
Provincial Court Judge Sheila Whelan eventually found me guilty but gave an absolute discharge. The guilty decision was appealed to Court of Queen’s Bench.
Mr. Justice Konkin dismissed the appeal. His decision is at doc020612_00000001_20120206_143612652
Lawyer Steve writes: “We do have grounds for an appeal, as I believe Justice Konkin’s decision is based on the faulty logic that information that you haven’t written down on the census form cannot be protected under the Charter.”
Judge Konkin’s decision is now under appeal to the Saskatchewan Court of Appeal.
It is expected that the appeal may be held in July 2012.
The Appeal will be heard on Monday November 5, 2012, 10:00 am in Regina.
Janet writes: everyone I’ve sent this to is so happy to have rec’d it & keep telling me EVERYone needs to see it….
http://zocalopublicsquare.org/thepublicsquare/2011/11/30/how-doctors-die/read/nexus/
(Note: the text is below. But you may want to read from the URL. In the “Comments”, dated Feb 1, there is information on the Voluntarily Stopping Eating and Drinking (VSED) process. It is the route chosen by a retired, elderly neurologist from Montreal, the father of a friend. It was a remarkable and healthy story; I didn’t know there is a named process.)
by Ken Murray
Years ago, Charlie, a highly respected orthopedist and a mentor of mine, found a lump in his stomach. He had a surgeon explore the area, and the diagnosis was pancreatic cancer. This surgeon was one of the best in the country. He had even invented a new procedure for this exact cancer that could triple a patient’s five-year-survival odds—from 5 percent to 15 percent—albeit with a poor quality of life. Charlie was uninterested. He went home the next day, closed his practice, and never set foot in a hospital again. He focused on spending time with family and feeling as good as possible. Several months later, he died at home. He got no chemotherapy, radiation, or surgical treatment. Medicare didn’t spend much on him.
It’s not a frequent topic of discussion, but doctors die, too. And they don’t die like the rest of us. What’s unusual about them is not how much treatment they get compared to most Americans, but how little. For all the time they spend fending off the deaths of others, they tend to be fairly serene when faced with death themselves. They know exactly what is going to happen, they know the choices, and they generally have access to any sort of medical care they could want. But they go gently.
Of course, doctors don’t want to die; they want to live. But they know enough about modern medicine to know its limits. And they know enough about death to know what all people fear most: dying in pain, and dying alone. They’ve talked about this with their families. They want to be sure, when the time comes, that no heroic measures will happen—that they will never experience, during their last moments on earth, someone breaking their ribs in an attempt to resuscitate them with CPR (that’s what happens if CPR is done right).
Almost all medical professionals have seen what we call “futile care” being performed on people. That’s when doctors bring the cutting edge of technology to bear on a grievously ill person near the end of life. The patient will get cut open, perforated with tubes, hooked up to machines, and assaulted with drugs. All of this occurs in the Intensive Care Unit at a cost of tens of thousands of dollars a day. What it buys is misery we would not inflict on a terrorist. I cannot count the number of times fellow physicians have told me, in words that vary only slightly, “Promise me if you find me like this that you’ll kill me.” They mean it. Some medical personnel wear medallions stamped “NO CODE” to tell physicians not to perform CPR on them. I have even seen it as a tattoo.
To administer medical care that makes people suffer is anguishing. Physicians are trained to gather information without revealing any of their own feelings, but in private, among fellow doctors, they’ll vent. “How can anyone do that to their family members?” they’ll ask. I suspect it’s one reason physicians have higher rates of alcohol abuse and depression than professionals in most other fields. I know it’s one reason I stopped participating in hospital care for the last 10 years of my practice.
How has it come to this—that doctors administer so much care that they wouldn’t want for themselves? The simple, or not-so-simple, answer is this: patients, doctors, and the system.
To see how patients play a role, imagine a scenario in which someone has lost consciousness and been admitted to an emergency room. As is so often the case, no one has made a plan for this situation, and shocked and scared family members find themselves caught up in a maze of choices. They’re overwhelmed. When doctors ask if they want “everything” done, they answer yes. Then the nightmare begins. Sometimes, a family really means “do everything,” but often they just mean “do everything that’s reasonable.” The problem is that they may not know what’s reasonable, nor, in their confusion and sorrow, will they ask about it or hear what a physician may be telling them. For their part, doctors told to do “everything” will do it, whether it is reasonable or not.
The above scenario is a common one. Feeding into the problem are unrealistic expectations of what doctors can accomplish. Many people think of CPR as a reliable lifesaver when, in fact, the results are usually poor. I’ve had hundreds of people brought to me in the emergency room after getting CPR. Exactly one, a healthy man who’d had no heart troubles (for those who want specifics, he had a “tension pneumothorax”), walked out of the hospital. If a patient suffers from severe illness, old age, or a terminal disease, the odds of a good outcome from CPR are infinitesimal, while the odds of suffering are overwhelming. Poor knowledge and misguided expectations lead to a lot of bad decisions.
But of course it’s not just patients making these things happen. Doctors play an enabling role, too. The trouble is that even doctors who hate to administer futile care must find a way to address the wishes of patients and families. Imagine, once again, the emergency room with those grieving, possibly hysterical, family members. They do not know the doctor. Establishing trust and confidence under such circumstances is a very delicate thing. People are prepared to think the doctor is acting out of base motives, trying to save time, or money, or effort, especially if the doctor is advising against further treatment.
Some doctors are stronger communicators than others, and some doctors are more adamant, but the pressures they all face are similar. When I faced circumstances involving end-of-life choices, I adopted the approach of laying out only the options that I thought were reasonable (as I would in any situation) as early in the process as possible. When patients or families brought up unreasonable choices, I would discuss the issue in layman’s terms that portrayed the downsides clearly. If patients or families still insisted on treatments I considered pointless or harmful, I would offer to transfer their care to another doctor or hospital.
Should I have been more forceful at times? I know that some of those transfers still haunt me. One of the patients of whom I was most fond was an attorney from a famous political family. She had severe diabetes and terrible circulation, and, at one point, she developed a painful sore on her foot. Knowing the hazards of hospitals, I did everything I could to keep her from resorting to surgery. Still, she sought out outside experts with whom I had no relationship. Not knowing as much about her as I did, they decided to perform bypass surgery on her chronically clogged blood vessels in both legs. This didn’t restore her circulation, and the surgical wounds wouldn’t heal. Her feet became gangrenous, and she endured bilateral leg amputations. Two weeks later, in the famous medical center in which all this had occurred, she died.
It’s easy to find fault with both doctors and patients in such stories, but in many ways all the parties are simply victims of a larger system that encourages excessive treatment. In some unfortunate cases, doctors use the fee-for-service model to do everything they can, no matter how pointless, to make money. More commonly, though, doctors are fearful of litigation and do whatever they’re asked, with little feedback, to avoid getting in trouble.
Even when the right preparations have been made, the system can still swallow people up. One of my patients was a man named Jack, a 78-year-old who had been ill for years and undergone about 15 major surgical procedures. He explained to me that he never, under any circumstances, wanted to be placed on life support machines again. One Saturday, however, Jack suffered a massive stroke and got admitted to the emergency room unconscious, without his wife. Doctors did everything possible to resuscitate him and put him on life support in the ICU. This was Jack’s worst nightmare. When I arrived at the hospital and took over Jack’s care, I spoke to his wife and to hospital staff, bringing in my office notes with his care preferences. Then I turned off the life support machines and sat with him. He died two hours later.
Even with all his wishes documented, Jack hadn’t died as he’d hoped. The system had intervened. One of the nurses, I later found out, even reported my unplugging of Jack to the authorities as a possible homicide. Nothing came of it, of course; Jack’s wishes had been spelled out explicitly, and he’d left the paperwork to prove it. But the prospect of a police investigation is terrifying for any physician. I could far more easily have left Jack on life support against his stated wishes, prolonging his life, and his suffering, a few more weeks. I would even have made a little more money, and Medicare would have ended up with an additional $500,000 bill. It’s no wonder many doctors err on the side of overtreatment.
But doctors still don’t over-treat themselves. They see the consequences of this constantly. Almost anyone can find a way to die in peace at home, and pain can be managed better than ever. Hospice care, which focuses on providing terminally ill patients with comfort and dignity rather than on futile cures, provides most people with much better final days. Amazingly, studies have found that people placed in hospice care often live longer than people with the same disease who are seeking active cures. I was struck to hear on the radio recently that the famous reporter Tom Wicker had “died peacefully at home, surrounded by his family.” Such stories are, thankfully, increasingly common.
Several years ago, my older cousin Torch (born at home by the light of a flashlight—or torch) had a seizure that turned out to be the result of lung cancer that had gone to his brain. I arranged for him to see various specialists, and we learned that with aggressive treatment of his condition, including three to five hospital visits a week for chemotherapy, he would live perhaps four months. Ultimately, Torch decided against any treatment and simply took pills for brain swelling. He moved in with me.
We spent the next eight months doing a bunch of things that he enjoyed, having fun together like we hadn’t had in decades. We went to Disneyland, his first time. We’d hang out at home. Torch was a sports nut, and he was very happy to watch sports and eat my cooking. He even gained a bit of weight, eating his favorite foods rather than hospital foods. He had no serious pain, and he remained high-spirited. One day, he didn’t wake up. He spent the next three days in a coma-like sleep and then died. The cost of his medical care for those eight months, for the one drug he was taking, was about $20.
Torch was no doctor, but he knew he wanted a life of quality, not just quantity. Don’t most of us? If there is a state of the art of end-of-life care, it is this: death with dignity. As for me, my physician has my choices. They were easy to make, as they are for most physicians. There will be no heroics, and I will go gentle into that good night. Like my mentor Charlie. Like my cousin Torch. Like my fellow doctors.
Ken Murray, MD, is Clinical Assistant Professor of Family Medicine at USC.
2012-01-17 Judge Popescul’s decision:
(The easiest access to the documents is at the above CanLii URL. Scanned copy is on this blog:
Laliberte: SUMMARY AND TIME-LINE
- George Laliberte seeks redress: He was not informed of trial in which he was the defendant (involves McKercher Law Firm, the Liberal Party of Canada and Conservative MP Maurice Vellacott).
- January 17, 2012 Justice Popescul, Court of Queen’s Bench, Saskatoon Docket QBG No. 387 of 2006, Citation 2012 SKQB 23 finds that George Laliberte made defamatory statements about Maurice Vellacott. Vellacott is awarded $5000 to be paid by Laliberte.
Laliberte did not know that he was on trial. He finds out because reporters phone him to discover his reaction to the Court award.
- George Laliberte commences action to cause McKercher Law Firm and the Liberals to be held responsible and accountable for their actions. In February 2012 lawyer Jack Hillson, acting on behalf of Laliberte went to the Court House to obtain Court documents. Hillson talks with Hesje and withdraws from representing Laliberte because of conflict-of-interest, Liberal Party.
- Feb 28, Laliberte files his own complaint against McKercher with the Law Society.
- March 27, the Law Society forwards the file to the Designate Complaints Officer, John McIntosh QC, Swift Current.
- August 28, the Law Society sent George the decision of the Complaints Officer: Page 9,
CONCLUSION:
It is almost impossible to believe that in Canada a matter could proceed to the highest Court levels and even to Judgment, without the knowledge of the defendant. If Laliberte’s allegations are true, as I conclude that they are, his case presents a frightening reality. It would mean that, in effect, Laliberte was denied the opportunity of defending himself. Even if the outcome were to be the same in any event, there is the principle of allowing an individual a fair hearing, which has merit of its own. . . .
- October Karen Prisciak QC is hired by the Law Society to deal with the complaint.
- May 13, 2013. The Law Society issues formal charges against Froese and Hesje.
GEORGE LALIBERTE, LIST OF DOCUMENTS (with links)
As at January, 2015
RE: Defamation of Maurice Vellacott during 2006 Federal Election, from Liberal Campaign Office for candidate Chris Axworthy
1. (This list of documents)
2. 2012-03-23 George Laliberte, Statement of Intent
4. 2012-01-17 Laliberte: Justice Popescul decision, Court of Queen’s Bench
5. 2012-02-27 Laliberte: Statement of Facts submitted to Law Society of Sask (re Defamation Vellacott)
7. 2012-04-02 Tim Froese (McKercher) response to complaint by Laliberte
9. Attachment to letter from Complaints Officer. May 4, 2006 Statement of Defence filed with Court of Queen’s Bench by McKercher “lawyer in charge of file” Joel Hesje
10. 2012-05-09 Laliberte: Reply to Law Society Complaints Officer (Did you ever see these documents?)
11. 2012-07-20 Laliberte: Answer to question from Complaints Officer re competency of submissions
12. 2012-08-28 Laliberte: Decision of the Complaints Officer, sent from the Law Society
13. 2012-12-11 Laliberte: Lawyer Karen Prisciak re Law Society and Tim Froese. Advises awaiting response from Hesje.
15. DRAFT cover letters to accompany the Statements of Claim that will be filed with Court of Queen’s Bench:
-
Laliberte v. McKercher LLP
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Laliberte v. Liberal Party of Canada
16. 2013-02-07 Prisciak to Laliberte conveying copy of Hesje response to charges, made Jan 22, 2013.
17. Record of Laliberte meeting with Prisciak, February, 2013
18. 2013-05-30 Prisciak to Laliberte with copies of charges against Froese and Hesje
19. 2015-01-18 The decision of the SKCA to which Hesje appealed the finding of unprofessional conduct only:
http://www.lawsociety.sk.ca/media/103076/Hesje2015skca2.pdf
Accessible to the public on the Law Society web-site.
A “challenging” article!
Spaceship Earth enters 2012 belching smoke, overheating and burning through fuel at a frightening rate. It’s feeling pretty crowded, and the crew is mutinous. No one’s at the helm.
Sure, it’s an antiquated metaphor. It’s also an increasingly apt way to discuss a planet with 7 billion people, a global economy, a World Wide Web, climate change, exotic organisms running amok and all sorts of resource shortages and ecological challenges.
More and more environmentalists and scientists talk about the planet as a complex system, one that human beings must aggressively monitor, manage and sometimes reengineer. Kind of like a spaceship.
This is a sharp departure from traditional “green” philosophy. The more orthodox way of viewing nature is as something that must be protected from human beings — not managed by them. And many environmentalists have reservations about possible unintended consequences of well-meaning efforts. No one wants a world that requires constant intervention to fix problems caused by previous interventions.
At the same time, “we’re in a position where we have to take a more interventionist role and a more managerial role,” says Emma Marris, author of “Rambunctious Garden: Saving Nature in a Post-Wild World.” “The easy answer used to be to turn back time and make it look like it used to. Before was always better. Before is no longer an option.”
Although Marris is speaking about restoration ecology — how to manage forests and other natural systems — this interventionist approach can be applied to the planet more broadly. In his book “The God Species: Saving the Planet in the Age of Humans,” environmental activist Mark Lynas writes, “Nature no longer runs the Earth. We do. It is our choice what happens from here.”
The wilderness movements of John Muir in the 19th century and Teddy Roosevelt in the early 20th sought to draw boundaries between civilization and nature. The goal was to protect the biggest mountains, the deepest gorges, the wildest places, according to Douglas Brinkley, author of “The Wilderness Warrior: Theodore Roosevelt’s Crusade for America.”
But after Rachel Carson published “Silent Spring” 50 years ago, detailing the ecological damage from the pesticide DDT, the movement began looking more at industrial pollutants and hazards to human health, Brinkley says. Then, in the 1990s, climate change began to dominate the discussion.
This is a different planet in key respects than the one Carson was writing about. The fingerprints of humankind are now found on every continent, in every sea. Radiation from atomic tests can be found in sediments across the world, and the chemical signature of the Industrial Revolution, when coal began to power human activity, can be seen in ice cores drilled in Greenland. Earth is warming even as a growing human population is demanding more energy, using more resources, burning more fossil fuels and emitting more greenhouse gases. The challenges have scaled up.
As a result, some influential thinkers argue for a managerial approach to the planet that is short on sentiment and long on science and technology.
Ecologists, for example, have long bemoaned the invasive species that, stowing away amid the human cargo of the global economy, are reworking entire landscapes and overpowering many native species. The old approach would be to try to eradicate the invaders. The new approach argues that “novel landscapes” are here to stay and that humans may have to take direct action to relocate native species to stay ahead of climate changes.
One of the deans of technological environmentalism is Stewart Brand, who in the 1960s ran around with Ken Kesey and the LSD-gobbling Merry Pranksters. In 1968 he published the “Whole Earth Catalog,” which combined hippie sensibility with early computers and nifty gadgets. His catalog had a famous inscription: “We are as gods, and might as well get good at it.”
Brand’s philosophy was pro-technology amid a counterculture movement that often saw technology as an evil — as the source of pollution, industrial-scale warfare and nuclear weapons. Early on, Brand saw the personal computer as a source of individual empowerment and resistance to authority; he sponsored an early convention of computer hackers.
Brand, whose most recent book is “Whole Earth Discipline: An Ecopragmatist Manifesto,” advocates the use of genetically modified organisms and nuclear power, and speaks of “solar radiation management” through cloud-seeding and other forms of “geoengineering” as possible mitigators of climate change.
This isn’t green orthodoxy, obviously. Albert Borgmann, a professor of philosophy at the University of Montana who has written extensively on technology and the environment, worries about a possible overreliance on technology to fix problems that humans have made.
“It has to be done in a spirit of cautionary respect. There has to be some rueful recognition that the spirit of managing things has gotten us where we are. That same sort of arrogance — we control it all — can’t continue,” Borgmann says.
Beyond the philosophical questions are nuts-and-bolts issues about how people could intelligently manage something as complicated as the natural world. We might not be good at it.
A number of recent events have shown that complex technological systems are vulnerable to rare but consequential failures. The BP oil spill, for example, happened despite elaborate technologies and monitoring systems designed to prevent an oil-well blowout, or at least shut down a runaway well if the initial line of defense failed.
Investigators said that engineering decisions eroded the safety margin in an attempt to cut costs. But the technology wasn’t as robust as engineers thought it was.
Even more humbling was the March 11 earthquake in Japan. The earthquake wasn’t supposed to be possible. The seismic hazard maps showed that the maximum possible earthquake along the Japan Trench — the huge fault line where one plate of the Earth dives beneath another — could generate earthquakes up to magnitude 8.4. But on the afternoon of March 11, the fault broke and generated an earthquake registering 9.0, which was six times stronger than the theoretical maximum.
That misunderstanding of the quake hazard led to a fundamental error in the design of the Fukushima Daiichi nuclear plant built on the seacoast. The plant was protected by a tsunami wall that could handle waves up to 18.7 feet high. The first wave after the earthquake was 13 feet high, and the second was so much bigger that it obliterated the tide gauge used to measure wave height. The biggest wave may have been as high as 49 feet, according to an investigation by the Institute of Nuclear Power Operations.
The tsunami knocked out the backup power generators at the plant, which in retrospect were located too low. Without electricity, the Fukushima plant couldn’t cool the nuclear fuel rods and fuel tanks, and a series of explosions and meltdowns released large amounts of radiation into the environment for months.
“The earthquake doesn’t tell us whether we should do nuclear, but the earthquake does tell us that we’re better off, if we’re doing nuclear, to have a good understanding of the world around us,” says Richard B. Alley, a Penn State climate scientist and author of “Earth: The Operator’s Manual.”
Author and activist Bill McKibben published a 2011 book titled “Eaarth,” which he proposes as the name for this fundamentally new planet, one that, in his view, won’t be as pleasant for human beings as the one they used to know and will require a new set of values and aspirations. McKibben’s view is of a world that is more decentralized in political power, energy generation and food production.
“The future should belong, and could belong, to the small and many, not the big and few,” McKibben says. Decentralization would help prevent small problems from expanding into societal catastrophes, he says.
Successful management of global environmental issues would require political leadership that McKibben, Brand and others say hasn’t materialized. Dealing with climate change, for example, “involves a level of global cooperation that has never happened, and the mechanisms for that are not in sight,” Brand says.
Nonetheless, he’s an optimist about human beings in general.
“We’re getting better,” he says. “We are getting far less violent, less cruel and less unjust, steadily for the last millennia, centuries, years and days. It’s a remarkably human accomplishment in basically domesticating ourselves.”
Brand would amend the famous “We are as gods” inscription of his 1968 book:
“The new version of that is, ‘We are as gods and have to get good at it.’ ”
The Washington Post Company
| (NOTE: the link to Physicians for Social Responsibility, L.A. takes you to a very good website.)
Alaska Collaborative on Health and the Environment Statewide Teleconference Seminar Series |
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| Science and Action to Protect Public Health: How Health Care Professionals are Changing Chemicals Policy | ||
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| Presenter | Dear Sandra,Join executive director of Physicians for Social Responsibility – Los Angeles (PSR-LA), Martha Arguello for a one hour discussion examining our broken chemical safety system and offering solutions to protect our health and the environment. Martha works at the intersections of health, the environment and social justice to advocate for effective policy change.
For the past 32 years, Martha has served in the non-profit sector as an advocate, community organizer, and coalition builder. She joined Physicians for Social Responsibility- Los Angeles (PSR-LA) in 1998 to launch the environmental health programs, and became Executive Director in November 2007. While working as a health educator in the 1990s, Martha had an epiphany — she realized that although early detection can prevent death from breast cancer, it does not prevent breast cancer, which has been increasingly linked to the exposure of environmental toxicants. Since that realization, Martha has dedicated her career to the environmental justice movement, and has lectured nationwide on the use of precautionary principle policies. To join this call: Email diana@akaction.org to join this free call and receive the dial-up instructions. |
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Japan drops ban on military exports
- Reuters
- guardian.co.uk, Tuesday 27 December 2011 04.45 GMT
