Courtesy of the Dominion statistician, a chart showing average house prices and new house starts in St. John's, from 1992 to 2007.
Housing starts began an upward climb in early 2001 and peaked in early to mid 2004.
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The real political division in society is between authoritarians and libertarians.
Our voice in Ottawa must be strong and passionate, however it must also be rational and levelheaded. Only then will we be effective in achieving for this Province the rights and benefits we have earned and deserve. My government will work cooperatively and collaboratively with our federal counterparts. In so doing, we will develop a mutual respect with the federal government, which in my experience is the key to successful and productive relationships.Stephen Harper, from 2006:
It is my hope as Prime Minister to initiate a new style of open federalism which would involve working more closely and collaboratively with the provinces and the Council of the Federation to develop Canada’s economic and social union, to clarify appropriate federal and provincial responsibilities, and to resolve the fiscal imbalance between the federal and provincial-territorial governments...Jim Flaherty, from March 2007:
We believe that a new equalization formula should exclude non-renewable resource revenues for all provinces, but also that no province should be adversely affected during the transition to any new equalization formula. We look forward to hearing the suggestions of the expert-panel review currently underway on the equalization formula, and to working collaboratively with the provinces and territories to develop a renewed equalization formula that is fair and acceptable to all provinces and territories.
"Now we can get over the bickering and now the federal government can concentrate on our constitutional responsibilities."Stephen Harper, May 2007:
"If we cannot continue with this agreement ... we will have to address it ourselves in the courts."
In Stephen Maher's June 6 story, "Crosbie pushed PM to honour offshore deals," it says John Crosbie was "instrumental in negotiating the l980s deals under which the Conservatives under Brian Mulroney ceded control of offshore petroleum to Nova Scotia and Newfoundland."
In fact, and despite claims to the contrary, John Crosbie was never involved in the offshore negotiations with either province in the l980s. That task was assigned by prime minister Brian Mulroney to me, on the grounds that a Western MP and minister with an energy background would bring more balance to an issue which involved intense regional as well as national implications.
Mr. Mulroney was still leader of the Opposition when he signed the original principles of the Atlantic accord with then premier Brian Peckford on June 14, 1984, three months before the Conservatives won the federal election. The completion of negotiations, led by me, was a priority of his government.
There would be no Atlantic accords without the Conservative government of Mr. Mulroney. The primary objective was to treat the provinces with offshore resources on the same basis as provinces like Alberta with land-based resources, in the interest of national unity. That object has been accomplished.
The actions of Mr. Crosbie in attacking the Atlantic accord provisions in the Harper budget show Mr. Mulroney's concerns were valid.
Pat Carney, PC,
Senator for British Columbia
"2. (1) An action or proceeding does not lie or shall not be instituted or continued against the Crown or a minister, employee or agent of the Crown based on a cause of action arising from, resulting from or incidental to the disposition of the assets, business and other undertakings of FPI Limited or Fishery Products International Limited.
(2) A cause of action against the Crown or a minister, employee or agent of the Crown arising from, resulting from or incidental to the disposition of the assets, business and other undertakings of FPI Limited or Fishery Products International Limited is extinguished.
and...
3. A person is not entitled to compensation or damages from the Crown or a minister, employee or agent of the Crown arising from, resulting from or incidental to the disposition of the assets, business and other undertakings of FPI Limited or Fishery Products International Limited.
Let me be clear, Canada’s New Government is honouring the Atlantic accords fully in its budget.If this were true, Flaherty would not need to amend the 1985 Accord, in his budget bill, thereby violating section 60 of the 1985 agreement.
Additionally, specific sections of the Mulroney offer, and of the Atlantic Accord, deal with Equalization. It is important to note that these are not included in the section on revenue sharing in either document. Therefore, Equalization was not seen by either parties to the Atlantic Accord as representing a form of revenue to be shared among the parties. The Mulroney letter contains the sentence: “The Current [sic] Equalization provisions will apply.” This clearly established that the Atlantic Accord and any revenues related to offshore oil would be subject to the Equalization program; as such, the provincial government’s Equalization entitlement would normally be reduced by growth in offshore oil revenue.Whatever the reasons for Mr. Crosbie's claims about federal (i.e. his intentions) in the 1985 Atlantic Accord, there is no question that what he claims today is simply not true.
The Mulroney offer contained a caveat that there should not be a dollar-for-dollar loss of Equalization payments as provincial own-source revenues increased from oil production. As such the Atlantic Accord contains a section to provide a payment to the Government of Newfoundland and Labrador in the form of an Equalization offset. It is clear from the structure of this section of the Accord and of the enabling legislation that the Government of Canada and the Government of Newfoundland and Labrador accepted this offset as a temporary, transitional and declining offset.
The offset mechanism established in the original Atlantic Accord did not provide the level of Equalization protection implied in Mulroney’s letter, although it matched in general outline the declining format he proposed in June 1984. The offset provisions of the Atlantic Accord, as signed in 1985, had the effect of shielding only three cents of every dollar in oil revenue from Equalization.
This was apparent by 1989-90 and was raised publicly by the Wells administration following the signing of the Hibernia agreement. In a speech in Clarenville, Premier Clyde Wells countered arguments that Hibernia was a massive make-work scheme by pointing to the direct and indirect benefits accruing to the Government of Canada. One of those benefits was reduced federal transfer payments to Newfoundland and Labrador. John Crosbie dismissed complaints about reduced transfer payments in this way:"That’s the whole point to the [Equalization] formula… This is nothing to complain about; this is something to be joyous about. So why would they try to pretend that Newfoundland gains nothing from the royalties? I mean this is absolutely bloody nonsense…".*The Wells administration had been briefed on this aspect of the Accord prior to the Hibernia signing and a further brief was sent to cabinet in December 1990 ; it is likely the shortcomings of the federal proposal were known in 1985.
In a 1991 assessment conducted for the Institute of Social and Economic Research at Memorial University, economist Wade Locke confirmed that the Accord offset actually shielded as little as 3% of provincial revenues from Equalization. Locke had earlier cautioned against public expectation that Hibernia development would cure the province’s unemployment or debt problems. In an article published in the Newfoundland Quarterly, Locke concluded that "[w]hile it may be true that the sun will shine one day, it does not appear that have not will be no more because of Hibernia." Similar cautionary flags had been raised by Doug House and others, as early as the environmental review of Hibernia in 1983.
Although not precluded from announcing a verdict with "reasons to follow", a trial judge in all cases should be mindful of the importance that justice not only be done but also that it appear to be done. Reasons rendered long after a verdict, particularly where it is apparent that they were crafted after the announcement of the verdict, may cause a reasonable person to apprehend that the trial judge engaged in result‑driven reasoning. The necessary link between the verdict and the reasons will not be broken, however, on every occasion where there is a delay in rendering reasons after the announcement of the verdict. Since trial judges benefit from a presumption of integrity, which in turn encompasses the notion of impartiality, the reasons are presumed to reflect the reasoning underlying the decision. Fairness and impartiality must not only be subjectively present but must also be objectively demonstrated to the informed and reasonable observer. While the presumption can be displaced, the onus is on the appellant to present cogent evidence showing that, in all the circumstances, a reasonable person would apprehend that the reasons constitute an after‑the‑fact justification of the verdict rather than an articulation of the reasoning that led to it. Here, the written reasons should not have been considered by the Court of Appeal. While the written reasons do not appear to have been crafted to answer points raised in the appeal, in the particular circumstances of this case, a reasonable person would apprehend that these reasons, delivered more than 11 months after the verdict was rendered, did not reflect the real basis for the convictions. Without this requisite link, the written reasons provide no opportunity for meaningful appellate review of the correctness of the decision. However, the delay in rendering reasons, in and of itself, does not give rise to this apprehension. In this case, it is the combination of several factors that constitutes cogent evidence sufficient to rebut the presumption of integrity and impartiality.Interestingly, the courts cited the case of R v. Sheppard [2002] 1 S.C.R. 869, an SCC decision on a case from Newfoundland and Labrador in which the court decided on how much a judge must state orally or in writing in delivering a verdict.
The trial judge addressed none of the troublesome issues in the case but said only: "Having considered all the testimony in this case and reminding myself of the burden on the Crown and the credibility of witnesses, and how this is to be assessed, I find the defendant guilty as charged." A majority of the Court of Appeal characterized the trial reasons as "boiler plate". The conviction was set aside and a new trial ordered based on the absence of adequate reasons.Representing the Crown in that appeal was Harold Porter, then deputy director of public prosecutions and currently the Provincial Court Judge in Grand Bank. Porter's decisions from the bench in Grand Bank have sometime made news for their clear writing and humour.
Held: The appeal should be dismissed. The trial judge erred in law in failing to provide reasons that were sufficiently intelligible to permit appellate review of the correctness of his decision.
Lobsters, being creatures of the sea, do not routinely migrate ashore en masse to take up habitation in plastic boxes under fishing stages. Therefore, the thirty seven live lobsters and fourteen codfish that the fisheries officers found under Kearley’s shed on January 10, 2004, must have been put there by somebody. By laying the charges, the Crown has alleged that the fish were caught and hidden under the step of Kearley’s shed by the Accused. For the reasons which follow, I have concluded that the Crown has failed to prove the charges beyond a reasonable doubt.or the other R. v Kearley or R. v. Kearley.
The Accused says that he did not realize until he had parked his car that the police were behind him, and that he had wanted to go into the house to check on his teenaged daughter. He denies that he overshot his driveway, and says that he often parks in the same place as where he left his car that night. He also denies saying the things to the police that they say that he said, although he does admit to having said some "misdemeanour words", which include the phrases "fuck off and leave me alone" and "what the fuck is going on?" He also admits that he might have asked "who ratted me out ? ".Who said being a judge couldn't be fun as well as socially useful?
[Police testified they pursued the accused for upwards of three kilometres in the middle of the night as he sped along at 23 kilometres per hour above the posted speed limit.]
Stelco Inc., which slapped a "For Sale" on its door last week, is selling its stake in the Wabush iron ore mine joint venture for an estimated $163.4-million as part of its efforts to "surface value" for shareholders.
As its annual meeting was getting under way Wednesday morning, the Hamilton, Ont., steel maker, announced it has struck a deal to sell its 44.6 per cent stake in the venture to Consolidated Thompson Mines Ltd. (CLM) of Toronto.
"He knows how the companies evaluate projects, and he brings that to the table with government. But ultimately, it is going to be the Premier's call in terms of what he feels is the appropriate deal for the people of Newfoundland and Labrador."The main problem in building the bridge may well be determining how wide is the span that needs to be built. The Globe story gets it monumentally wrong.
Industry officials warn that, if the province insists on making unrealistic demands, the international oil companies will simply not explore or develop in the waters off Newfoundland. In a nutshell, the message is: Five per cent of nothing equals nothing.The equity position demand is more like 10%, not five. The government has stated - and as the Globe reported on Tuesday - that the equity demand in the forthcoming energy plan will be more than 5%.
"So from a strategic perspective the province is crystal clear: Premier Williams wants to make sure he gets this right in terms of how these developments occur for the benefit of the province. And for that, you need a seat at the table."The Globe also missed the obvious: for all the talk about a seat at the table and the strategic importance of oil and gas, the provincial government still hasn't figured out exactly what role Martin's new energy company will fill or how that so-called seat at the table will be acquired.
Do you still think it's smart politics not to be vocal and unrelenting in your criticism of, and opposition to, Danny Williams?Strong opposition parties are not necessarily a feature of Newfoundland and Labrador politics and the post-1966 House of Assembly might well be a good thing to look at.
"I learn a lot better if I have someone to basically point it out."The opposition parties apparently cannot figure out what a bill means without help from the people drafting it.
Mr. Williams asks that Mr. Harper withdraw both Bill S-4, which would impose eight-year term limits on senators, and Bill C-43, which would create a process for electing senators.
"If you are intent on Senate reform, then it must be done correctly," Mr. Williams says in the letter.
"Any changes should be carefully considered by both (federal and provincial) constitutional orders of government in the context of a national public debate. The current piecemeal and unilateral approach does not suffice."
Breakwater to publish first book from NTV's Glen Carter
Breakwater Books is pleased to announce the signing of the first book deal from award-winning reporter and NTV Evening News anchor Glen Carter. Negotiations were finalized last week for the first book, and a standing agreement remains for a potential two-book deal.
A newspaper, radio and television journalist for more than twenty-five years, Glen Carter has covered local, national and international stories as a reporter and as a six o'clock anchor.
Carter has covered a significant repertoire of newsmaking events including the mysterious crash of an American passenger jet which killed more than 250 U.S. soldiers. He's covered world leaders and royalty, including Diana, the Princess of Wales, and he once scored a rare and exclusive interview with former Soviet President Mikhail Gorbachev.
Carter has twice skimmed the North Atlantic aboard an American Coast Guard aircraft during a sentimental quest for the grave of Titanic. In May of 2005 he wrote and played the lead role in an internet viral film which won more than a dozen world awards, including a bronze Cyberlion at Cannes. The film, which was nominated for an Emmy, has been seen by more than 40 million people worldwide.
Glen Carter can now add published author to his impressive list of credentials. Carter's international experience and keen reporting abilities have equipped him with story-making skills in the same vein as Tom Clancy and John Grisham.
Angels of Maradona is a fast-paced action novel delving into international crime in various locales. Set in Columbia, Canada and the US, the novel boasts murder, romance, mystery, the illegal drug trade and global politics in a sleek and clever writing style.
Scheduled for publication in early 2008, Angels of Maradona by Glen Carter is anticipated to be one of Breakwater's most noteworthy spring releases.
Notwithstanding subsection (1), the corporation may engage in those other activities that the Lieutenant-Governor in Council may approve.There are no changes to the Electrical Power Control Act. While the 2006 amendment that exempts Hydro from that section of the Act is not in force, it would merely a simple administrative procedure for the section to take effect.
"I will not get down into the gutter, but it is getting to the point where if people push too far, they can expect a slash," he says. "I get sick and tired sometimes of listening to people who are doing a lot of damage to our province by inactivity, by constantly blaming others for what's not happening, who are doing nothing themselves except ridiculing and burning bridges.
The people in our province better wise up. We have tremendous opportunities, the best people in the world, we have greater resources, and we are letting some people, for personal reasons, try to build a little kingdom in our province."
"Le gouvernement du Québec ne s'oppose pas à une modernisation du Sénat", a écrit la province dans un mémoire soumis au Comité permanent des affaires juridiques et constitutionnelles du Sénat.It appears that the Government of Newfoundland and Labrador has taken a similar position. In a May 9 session of the Senate committee on legal and constitutional affairs, senators make references to a letter or letters received by the committee from Premier Danny Williams:
"Mais si nous cherchons à modifier les caractéristiques essentielles de cette institution, la seule avenue possible est de lancer un processus constitutionnel coordonné au niveau fédéral-provincial qui réunit les joueurs constitutionnels, incluant le Québec", a-t-elle ajouté.
Senator Milne: We will send a letter to the premiers of the provinces inviting their input on this matter, giving them a cut-off date so we can receive the reply before May 31. In a package along with this letter with suggested wording, we will send along copies of Premier Graham's letter and the legal opinion. We received letters from Premier Danny Williams, and the testimony of four different provinces and the report of the special committee. They have all the information with a request to reply before May 31.
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Senator Hays: For the rest, Premier Williams wrote saying he was not going to appear, that anything involving the Senate should involve the provinces. It was not an opinion; it was just a letter saying that....
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Senator Bryden: Premier Williams was pretty clear in his letter. He made a statement that nothing that would affect provinces should be determined without the provinces' participation. He went on, in either that letter or another, to say do not forget that the Council of the Federation has passed a resolution "... that no changes would be made in federal assets, including the Senate, without the agreement of the provinces."
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Demone says that consolidation is coming – belatedly – to the fishing industry. FPI’s assets should put the Nova Scotia company in a position where it is among the winners – or consolidators – in this transition.Does anybody else finding it passing strange that Danny Williams has blessed the break-up of a major local fish company and is planning to sell off the most lucrative marketing assets to a Nova Scotia company?
It doesn’t hurt, either, that High Liner’s major shareholders include Nova Scotians with long-held stakes in the company. These are not quick-flip artists.
As for Henry Demone, he seems to have done the impossible in this FPI deal – convince Danny Williams that it’s OK to sell Newfoundland fishing assets to a Nova Scotia company.
We’re talking high-level diplomacy here. I may even have to rethink the Attila thing.
Bastedo figures Newfoundlanders and Labradorians would receive dividends between Cdn$3,000 and $3,300 once its own fund is worth $25 billion-$30 billion.The Norwegian fund, which is invested only in international markets, reported first quarter earnings of over US$300 billion in 2007.
Established in 1976, the Alaska fund receives at least 25 per cent of the state's oil royalties and other income, such as mineral lease payments.
Six years later, the fund started paying dividend cheques to native Alaskans and those who had lived in the state for more than 21 years. Those dividends are based on a formula and the amount varies annually.
The lowest payments were US$331 in 1984, while the highest was US$1,964 in 2000.
BECOL, an indirect wholly owned subsidiary of Fortis Inc. (TSX:FTS), announced today that the Company has received all major approvals for construction of a US$52.5 million 18-megawatt ("MW") hydroelectric generating facility at Vaca on the Macal River in Belize. BECOL has signed a 50-year agreement with Belize Electricity Limited for the sale of the energy generated by the Vaca facility, commencing late in 2009.
"The Vaca facility represents the final phase of a three-phase development on the Macal River to maximize its hydroelectric potential," explains Stan Marshall, President and Chief Executive Officer, Fortis Inc. "The existing upstream Chalillo and Mollejon hydroelectric facilities have benefited the customers of Belize Electricity and the country of Belize by helping to stabilize electricity rates and by increasing reliability of energy supply," he says.