Monday, January 28, 2013

CRTC's first draft of contract guidelines


After gaining public feedback submitted by over 3,500 Canadians last year, the CRTC (Canadian radio-television and telecommunications commission) has drafted their wireless code. This draft states that:

  • Customers should receive a personalized summary of the conditions in their contract
  • Providers are to unlock customers' devices under "reasonable terms"
  • customers are given tools to monitor their usage.
  • Customers are to be allowed to restrict certain features that may cause additional charges to their plan
  • ECF (Early cancellation fees) can only include the subsidy of the phone.
This indeed is a good start to changing the contract system we have in Canada. However, this does not address some issues that concern many Canadians, such as the idea of three year contracts. The balance between one, two and three year contracts are not seen in Canada. For example, a Galaxy S3 costs $550 outright, $400 on a two year contract, and only $99 on a three year contract. The gap between the subsidies make no sense at all. By signing a three year contract, the carrier subsidizes almost $450, whereas in a two year contract, they only subsidize $150. This is one of the many examples that prove costly to Canadians. We pay one of the highest monthly rates for our cell phones. Look down to the States, and they pay the same amount, but only are required to sign a two year contract, instead of three. Many countries have banned three year contracts, limiting the length to two years. I believe that it is time to abolish three year contracts. Another issue is the idea of Caller ID. It costs nothing for the carriers to enable caller ID on your phone, but instead, they choose to sell it to you at a cost of $7 a month. 

This relates to Law 12 as it gives Canadians the freedom of speech. Through our opinions, the CRTC has adopted them into their draft of their new contract guidelines. 


Source: CBC

Tuesday, January 15, 2013

Shoplifting with the help of a toddler

On January 11th, 2013, police were called to Shoppers Drug Mart in Port Moody after they received a call alerting them of shoplifting. Two men were spotted stealing 17 bottles of perfume worth $900. He was found a few blocks away from the store. To steal the items, the two men placed the bottles of perfume into his son's stroller. Also in the stroller was a notebook depicting a shopping list of things to steal, and locations to target. He is currently arrested.

This scenario brings the idea of shoplifting to a new low. Prior to this, I have only heard of people putting items into their pockets, or purses, but never strollers. It is not appropriate to involve a young child in this, as he may remember this event and do this later on in his life. This article relates to Law 12 as shoplifting is against the law.  Also, this man was known to police for property crimes. Thus, the infractions committed by this man are larger than that of shoplifting. As a repeat offender, he may possibly get a larger penalty.


Source: The Province

Friday, December 14, 2012

Supreme Court upholds Anti-Terrorism law

The Supreme Court of Canada unanimously rejected an appeal from Momin Khawaja, the first to be convicted under the anti-terrorism act in Canada. This rejection rules that violent acts are not protected under the Charter of Rights and Freedoms. It also does not infringe on the freedom of expression. Khajawa has been convicted of creating remote based bombs. He has been sentenced to 10.5 years in prison, but later, was increased to life imprisonment with no chance of parole until 10 years later. 

In my opinion, the anti-terrorism law protects the general public from terrorist attacks. By having this law in effect, those that plot bombs will be in prison, while the general public is safe. 

This rejection of appeal is related to Law 12 in that it shows the power the Supreme Court holds. Deeming that this anti-terrorism law does not infringe on the freedom of expression, this is an example of how much power the Court has. Also, it refers to criminal law, a topic that we will later study in the course.

Source: CBC

Monday, December 10, 2012

New Brunswick Man takes VIA Rail to Court

VIA Rail in New Brunswick. Trains have been cut 50% due to low ridership
Widler Jules, a New Brunswick man, is attempting to take VIA Rail to court for the failure to provide adequate service on its' main Maritime route. The route, stretching from the Ocean line to Halifax, has been terminated by half due to the low ridership in areas. This service that has been cut down has affected communities of Southwestern Ontario, a service termination effective in the Fall. This reduction in service prompts Jules to file an injunction in the Quebec Superior Court in an attempt to restore the service that he has enjoyed previously.

In relation to Law 12, this current event demonstrates the action of taking one to court. As Jules files an injunction, this is seen as a warning to VIA to restore the 6-day-a-week service. Also, VIA, a crown corporation is not a public service, and therefore, is not in relation to the government. As it is not in relation, this case is public.

In my opinion, if the ridership is at a low and causing VIA to lose money, they should not be required to restore their 6-day-a-week service. VIA, a privately own company, has the right to stop service anywhere, at anytime. Although it may not be at the convenience of passengers, VIA's attempt to lower their costs is shown with the reduction of less popular lines.

Source: The Vancouver Sun

Saturday, November 24, 2012

Ontario Couple sues Former Owners of Home

Source: Torstar News Service
Eric and Sade-Lea Tekoniemi bought a house recently, not knowing that it has been a place where a double-murder occurred fifteen years ago. The Tekoniemi's seek to sue the lawyer and former owners of the house for not conversing to them about this issue. They seek $450,000 in damages plus the additional costs from Re/Max Realty, and the former home owners. As a result from living in this home, Tekoniemi suffers from panic attacks, and is on anxiety medication. His husband, on the other hand, is stressed at work and is uneasy when at home. When they first learned of this murder house, they immediately wanted to cancel the sale. However, according to their lawyer, it was too late due to the transaction terms. The Tekoniemi's plan to sell the home, but the value of the house decreases with the knowledge of it as a double murder scene.

In my opinion, the realtor should have notified the potential home buyers in advance. Instead, the realtor must now bear the burden of the spread of a bad name, and the possible downfall of her career.

This case is parallel to the course of Law 12, as this is an example of a non-pecuniary damage. The Tekoniemi's feel pain and suffering, a damage that can not be calculated easily. Also, it is part of civil law, law between two parties unrelated to the government.

Source: Metro News

Tuesday, November 6, 2012

The 2012 Presidential Election: Thoughts


President Obama and Governor Romney at the Debate
          President Obama of the Democrats and Governor Romney of the Republicans face off against one another, in the race to become the 45th president of the United States. President Obama bases his platform on having the wealthy to pay more taxes and help the staggering economy. By having an increase in government revenue, Obama firmly believes that this will lower the country's debt and gaurd the countries social programs. Romney, on the other hand, firmly believes that lowering taxes will help the country. By lowering taxes, Romney believes that this will ease the regulation in businesses, giving a higher job growth. Slowly, Romney believes that this will improve the unemployment rate, and do what he believes, that Obama has not succeded in doing in the past four years of presidency.

         Relating to the course of Law 12, this presidential election glances over the importance of democracy and domestic law. The United States, based on a democratic government, gives citizens the ability to vote for their leader of choice. Democracy, given to us by the Greeks, is transferred to their government today. Also, the power given to the President, whether to be Obama or Romney, is to be governed only domestically. Domestically, meaning only in their own country, only applies to their country. When one is outside the country, laws made in America by the President, House of Representatives, Senate, and governorships, are not applicable.

         In my opinion, the 45th presidential election is run very tightly. The margin that the winner is going to win by is going to be minute. The platforms that both Obama and Romney run on are significantly different. Romney, coming from a weathly background, can be seen as not as a viable candidate as Obama, who has worked in the lower class beforehand. Being in the lower class, Obama has already suggested Obama care, a medical care system for Americans. However, Romney plans to appeal Obama care when in power, an opposition that I oppose. Obama's work for the past four years do not seem as important, as he succeeded Bush in the worst unemployment rate since the Great Depression. Through the four years that Obama has been president, he has improved the country bit by bit. He has brought down the unemployment rate, reducing the federal deficit and national debt. These things are important to the country, and though it does not seem like a lot of stuff has been done for the citizens, much has done to reduce the debt of the country.

         With the Presidential Election ongoing today, November 6th, below are some last words that President Obama and Governor Romney would like to say.


Source: The Vancouver Sun