Re: for your info: OSOC Press release Re: Judicial Review

[Ed Weick]

Ray, I don't necessarily disagree with you.  It's just that, as chronically depressed optimist, I like to see the glass half-full, even if the liquid in it is very dark.   Ed Ed Weick 577 Melbourne Ave. Ottawa, ON, K2A 1W7 Canada Phone (613) 728 4630 Fax     (613)  728 9382 ----- Original Message ----- From: Ray Evans Harrell To: Ed Weick ; futurework Sent: Tuesday, December 03, 2002 11:25 AM Subject: Re: for your info: OSOC Press release Re: Judicial Review Ed you said: Even though I think they are still quite solid, the foundations themselves may be under attack.   In the 1980s when Reaganism became the fashion I thought as you that the basis of society was strong.    After becoming a member of the WSJ' s "Lucky Ducky" segment of society since I spend most of my income for projects and in the profit area, like other artists, am on the poverty level,  I have changed my mind.    I have little hope that society will rebound and feel that we are now just in that old downward spiral to a monopolistic Aristocracy and that America will go the way of England and the other non Socialist countries too little culture to sustain them through the bad times.    REH    ----- Original Message ----- From: Ed Weick To: Ray Evans Harrell ; futurework Sent: Tuesday, December 03, 2002 8:46 AM Subject: Re: for your info: OSOC Press release Re: Judicial Review Ray, I see democratic society as a mostly confused babble that pushes a variety of invisible hands this way and that, but generally toward centers where most people want them to be.  It's popularity, not principles, that wins elections and maintains those in power.  I really have no complaint with this as long as the social system is underlain by some very firm institutional foundations that ensure personal freedoms, the right to privacy, unbiased justice, rights to education, health, personal property, and other such things.  Of course, all such things must be ensured within limits, and that sometimes worries me because limits can be moved in or out or tinkered with depending on which way the babble has moved the voter and what band of slaves to defunct economists the voter has elected.  I feel that, right now, in some parts of Canada the limits are being tightened and pushed inward, so much so that the sense of the collective interests of society is being squeezed out.  Even though I think they are still quite solid, the foundations themselves may be under attack.   Regards, Ed Ed Weick 577 Melbourne Ave. Ottawa, ON, K2A 1W7 Canada Phone (613) 728 4630 Fax     (613)  728 9382 ----- Original Message ----- From: Ray Evans Harrell To: Ed Weick ; futurework Sent: Monday, December 02, 2002 8:28 PM Subject: Re: for your info: OSOC Press release Re: Judicial Review So Ed,   It looks like this terrible attitude is Hemisphere wide and not just here in the US.    Sorry about that.    I wonder if there isn't a built in mechanism to guarantee that the possibility of equality and fairness can never come to pass.    We have the demise of the fairness doctrine here that gave the the Democrats the boot on equal time in the media.   We seem to be headed towards that old monopoly one party system that has been the curse of Democracys throughout recorded history.    Meanwhile the most prominent Southern Baptist Preacher came on the Television tonight declaring that there is no Separation of church and state and if there was he would be against it.      REH ----- Original Message ----- From: Ed Weick To: futurework Sent: Monday, December 02, 2002 7:29 PM Subject: Fw: for your info: OSOC Press release Re: Judicial Review More on the Ontario school situation, for those who may be interested.   Ed Ed Weick 577 Melbourne Ave. Ottawa, ON, K2A 1W7 Canada Phone (613) 728 4630 Fax     (613)  728 9382 ----- Original Message ----- From: Bruce Myers Sent: Monday, December 02, 2002 5:16 PM Subject: for your info: OSOC Press release Re: Judicial Review FOR IMMEDIATE RELEASE Court Finds Government Does Not Have To Be Fair OTTAWA - On Friday, November 29 a three judge panel of the Ontario Divisional Court handed down a  ruling that disappointed Ottawa parents and public school board trustees.  Our Schools, Our Communities and three OCDSB trustees had applied for a judicial review of the Ontario Cabinet’s vesting order which resulted in the appointment of a supervisor to run the affairs of the Ottawa public school board.  The court dismissed the application.  The applicants are considering an appeal. The judgement raises serious concerns about the arbitrary powers that the Tory government has given its Cabinet.  The ruling states:      "The asserted common law principles of fairness and natural justice do not      impede the process of Cabinet decision-making in the case at hand..."      "As well, the Legislature, ...has been very explicit in seeking to limit the      review of decisions made under Division D of Part IX of the Act...". The judges go on to say:  "The applicants allege there has been a breach of a common law duty of      fairness.  However, the Legislature has not imposed any requirements      relating to hearings or consultations in the statutory provisions of Division      D.  Indeed, the process is expressly exempted from the application of the      Statutory Powers Procedure Act: s. 257.51 (2).  As well, an investigator is      given the powers under Part II of the Public Inquiries Act to enable him/her     to obtain evidence but Part I of that legislation, which sets forth     requirements for notice and hearings, does not apply to an investigation.      The investigator is not required by the Act to be independent from the     Ministry and may even be an employee...". In essence, the judges are saying that even if a Cabinet decision is based on inaccurate, flawed, or dishonest information, and even if the process leading up to the decision is discriminatory and allows virtually no time for response or negotiation, the decision is not reviewable by the courts, because the government has passed a law exempting it from a fair and open procedure.  We would hope that a future government with even a minimal commitment to democracy would amend the pertinent sections of the Education Act to require that future vesting orders be conditional on sound evidence and fair consultation. Bronwyn Funiciello, Chair of Our Schools, Our Communities said: "This case is another example of how the Harris-Eves Tories have wrested control of public ducation from the people of the province of Ontario."  As the justices note "The Government is accountable for such decisions only in the electoral process." For further information contact: Bronwyn Funiciello (613)749-7712 - home (613)852-1166 -cell Mitchell Beer (613) 762-4769 - cell -30-