Monday, July 20, 2009

N.L. housing rent increase upsets tenant

An upcoming rent increase has upset at least one resident of a neighbourhood in the east end of St. John's.

The Newfoundland and Labrador Housing Corporation advised tenants last week that it's raising rent based on current market conditions.

Dennis Madden, who lives in a housing corporation apartment building in Pleasantville, said most residents are retirees or seniors, and the planned five per cent increase will hit them hard.

"I have no problem with the fact that I have to pay rent, but I don't think I am being treated with due concern and consideration by an agency of government when I am told that I have to pay extra at the very time when current market conditions are eroding my income," he said.

Madden said he would like to see the rent increase put on hold until financial conditions improve for seniors and retirees.

In November, Madden's rent will go from from $700 to $735 a month.

"Based On Current Market Conditions". Isn't NL Housing Corp. A Non-Profit Agency of Government, and Governed by the same department that has a maximum rent threshold subsidy of $372.00 per month? If a family on income support from HRLE is paying $372.00 per month, why are seniors on fixed income paying nearly double period?

Our New Found Wealth, and Have Status has seemingly created a whole bunch of "you cant's" for the most vulnerable amongst our people.

I am overwhelmed to even hear that in a time of economic instability, that it will cost the poorest amongst us more to live, due to increased charges levied against them, by the very department in our system that programs designed to aid them! Truly a shame!

Brudder

Saturday, July 18, 2009

Update on Gambling Numbers

Gambling rate declines in Newfoundland and Labrador, government says: That story appeared in The Telegram July 02, 2009 See Full Article.

Yesterday, The ALC, Atlantic Lottery Commission released it "Accountability Report" for for the past year.

Atlantic Lottery says that during the past year, over $398 million went to the provinces of Nova Scotia, New Brunswick, Prince Edward Island and Newfoundland and Labrador.

Every year 100 per cent of Atlantic Lottery profits go back to the four Atlantic provinces.

The corporation has released its 2008/09 accountability report which is available on the Atlantic Lottery website at http://www.alc.ca/English/AboutALC/AnnualReport

President and CEO Michelle Carinci said the corporation has put a renewed focus on putting the lotto player at the heart of every decision, initiative and game undertaken.

“One of the important ways we give back is through financial performance,” she said. The breakdown for the provinces includes:

Newfoundland and Labrador received $107.5 million, up more than $9 million from last year. The bulk of the increase, $74 million, came from video lottery terminals.

The report is inaccessible from the ALC site, but as per the 07/02/09 article, it's obvious Ross told yet another departing lie.

Brudder

Saturday, July 4, 2009

My Thoughts On VLT Numbers

Earlier I was reading a news blurb on the provincial gambling numbers of problem gamblers being down! I could not help but muse at the loosely described method used to reach this conclusion. Ross said we asked them! And 77% said they had not gambled much in the year! Asked who, Gamblers? Would they tell the truth? Isn’t it a widely understood fact that addicted gamblers will do anything, including lying to conceal their addiction? Is this a fool proof scientific process being used to gather data? Of course not, Ross old man, and you never cease to amaze me with your departments inexcusable excuses, and your posturing to hide the real facts in most cases!

I have a question for you Ross! There are indisputable facts that the first addictions in this province, beginning decades ago, were addictions to two retail goods, namely alcohol and tobacco products. It is known that both are proven to cause severe health issues and even death. With alcohol causing family breakups, violence and death via drunk driving accidents; and tobacco causing cancer and respiratory ailments; and the higher health care costs associated with all of these, isn’t your government exploiting the very people addicted by having the highest tax rate out of all other provinces on both of these product lines?

The very next provincially regulated addictions were pull tab tickets, once only allowed to be sold by charity or non profit organizations, until our government saw a windfall of potential profits being lost. So by deregulating the old policy concerning who was allowed to sell these tickets, and thereafter by implementing the current policy allowing any retailer, and even independent kiosks, to sell these commodities, government paved a highway to further misery for persons with addictions.

I remember when the old Atlantic Lottery unfolded, top prize was a hundred thousand dollars, whereas today we are giving away jackpots of 30-50 million dollars. Pull tabs were maxed out at $50.00, now many payout up to $500.00. Due to the statistical improbability of winning, these government regulated schemes are designed to literally steal peoples money, but those addicted will not recognize the no-win-system that it is!

This system was soon followed by the scratch ticket scenario! Same steal, same scheme, same progression of prize payout and ticket cost. I was at an Irving outlet recently, where a good friend is the manager. He told me, on a good week they sell 12-20 boxes of pull tabs and scratch. He said it was common to see people come in and buy a package of smokes, a Pepsi and twenty dollars worth of pull tabs, and take home another twenty in scratch. He added, we have quite a few regulars who do this daily, and many, many more who do this at least three times a week. I feel bad he said, our regulars are like our friends, you sense they have problems.

All of this was followed closely by the installation of the infamous VLT, where hundreds of millions of dollars are stolen from those who are often the most vulnerable of our citizens, and all for profit by government.

Ross, please do not “excuse” the fact that 90% of pubs and bars, especially the small town and rural operations stay open because of VLT profits, and not bar sale profits. I am surprised government has not found a way to use a debit/credit system where users can stop along sidewalk kiosks and use a plastic debit type card to pay for and receive winnings from VLT's, not unlike the alc.ca web site.

For Christ sake, even family restaurants have VLTs. Addictions do not have barriers, Ross. Have you ever been at a restaurant sitting near a table where a Mom, Dad and their kids are seated waiting for service. Then Mom and Dad enter into an indiscreet low tone argument over the addicted one of the two needing to play the machine while awaiting their order? Have you seen these same people receive their order, and the rest of the family is finished eating before Dad finally gets back to the table?

Ross, I have seen this often enough to know that change must happen. Life is about personal choice, but there is something fundamentally wrong when a government can not only provide, but profit form goods and services that literally kill people, destroy families and ruin futures for children!

Take a look around town. How many bars are now open before noon or after midnight these days? It seems that the regulated times of operation for the VLTs, combined with the reduced numbers of VLTs, have come to dictate the reported reduced revenue. I would suggest that this is the explanation for your numbers drop Ross, rather than your unsupported claim of an improvement in problem gambling statistics. Take your nose out of your ass long enough to admit there are 100s of thousands of Newfoundlander's out there who are smarter than they are being given credit for, smart enough to see through the BS, but only a handful with balls enough to tell you that you are lying or that you are wrong!

What I find most difficult to accept is the fact that government subtly admitted that there were going to be issues for people and their developing addictions; that there were huge profits to be made even while people and families would be hurting. This is evidenced just by the virtue that, behind the gambling schemes, government provided a multi hundred million plus Treatment Package per year to treat addictions, when they provided the means by which people became addicted in the first place. This spells huge profits, not contradiction.

The report appeard Sunday July 05/09 It does not refute my argument.... You decide! REPORT

Brudder

Wednesday, June 3, 2009

Canada’s Medicare System: It’s all about equality for Canadians with disabilities

The preservation and strengthening of Canada’s Medicare system is very much an equality issue for people with disabilities. One of the most important roles of the public sector is to promote equality. And there is no one-single public government policy instrument in Newfoundland and Labrador that promotes equality for the disabled community. Whether born or onset disability, departments, agencies and even ministries tether our disabled to inaccessible programs and services.

Statistics readily show us that it’s the most vulnerable citizens of our society – people with disabilities and seniors – who benefit the most from our Medicare system. After all, they are the less likely to have the financial resources to access the growing for-profit element of health care in Canada.

The growing gaps and privatization of our Medicare system, however, means less access to health support services for seniors and people with disabilities and represents a step backwards for in their struggle for equality. This is seen most within the community and continuing care sectors of our health system. The irony of this situation is that preservation and expansion of this sector of our public health system not only promotes equality, it makes good economic sense.

The problem with respect to inadequate access to health support services in the community has existed for decades but reached a crisis point in the mid-1990’s when province began to restructure health care. The health care buzz words of ‘closer to home’ health care and the ‘continuing care model’ of health care were to be heard in every jurisdiction across the province giving rise to the closure of hospitals and the elimination of hundreds of acute care beds in the last decade. Unfortunately when it came to implementing a community-based health care model, our politicians failed to provide an adequate infrastructure and resources to community care – the less expensive preventative side of our health care system. The result has created an overburden Medicare system that provides less equal access for persons with disabilities and seniors.

Newfoundlands’s ability to promote equality should be measured by the degree to which our most vulnerable citizens can fully participate in all aspects of society. An important vehicle to achieve this is through the provision of a range of public services that supports the integration and participation of our disadvantaged citizens. Most of these services support and form a community-based health care system.

Canada’s ability to promote equality should be measured by the degree to which our most vulnerable citizens can fully participate in all aspects of society. An important vehicle to achieve this is through the provision of a range of public services that supports the integration and participation of our disadvantaged citizens. Most of these services support and form a community-based health care system.

Around the time that health care was being restructured across Newfoundland towards a community-based model of health care, our federal government, through their war of the deficit, cut back on its funding of health care and eliminated its funding for the many support services that support a community-based health care system. The biggest single factor in this regard was the 1995 federal budget of former Finance Minister Paul Martin, which reduced federal funding for health care and eliminated an important public policy instrument that promoted greater equality in Canada – the Canada Assistance Plan (CAP). CAP would have also gone a long way in providing financial resources to support a community care model of health within Canada.

CAP was a federal/provincial fiscal arrangement dating back to 1966 whereby the federal government provided provincial governments with fifty cents for every dollar they spent on community-based health and social services. These federal ‘50¢ dollars‘ provided provincial governments with a significant incentive to expand services and programs to allow our more vulnerable citizens like people with disabilities to fully participate in the lives of their communities. The elimination of CAP has affected the lives of persons with disabilities disproportionately to other Canadians since the national standards of CAP ensured that they had access to many of the vital services that relied on for independent living in their communities.

Since the elimination of CAP, provincial governments have failed to provide adequate funding for the necessary support services to sustain a community-based health care system. Although spending on community-based services has increased, most of that spending has come from private sources such as the Janeway Telethons, Dream Homes, Daffodil Place, Health Care Foundations etc.. The increased demand for health support services has greatly outstripped the increases in public spending.

Amidst high taxes, the generosity of the corporate world and consumers in this province has helped to ease the need for community services, unfortunately it's not enough. We have not even begun to grapple with the more devastated issues in health care for the disabled and senior community, home care, equipment, housing, drugs, human rights and much more.

It’s estimated that more than twenty thousand persons with disabilities need help with one or more everyday activities but over two thirds of those persons are not getting the help they need. There are many examples where provincial governments across the country have slashed, privatized, and/or downsized a range of services that would have greatly supported people with disabilities in overcoming barriers to participating fully in daily living, including economic and social activities.

The support services funded under CAP included such programs as home care, homemaker services, attendant care and respite care. CAP also contributed to the costs of medical and assertive devices that allowed seniors and people with disabilities to be integrated and fully participate in society. These inexpensive people-oriented services not only improved their quality of life. They helped keep them out of long -term care institutions and/or hospitals. Without CAP funding and no recognition under the Canada Health Act, these services now lack stability and can be changed or eliminated at the drop of a hat. As a result, the real-life needs of many people with disabilities are being eliminated.

This instability in funding for these vital support services has greatly attracted ‘for-profit’ interests and thus spread the growth a two-tier health care. The growth of ‘for profit’ private services in community health will always hit hardest at those with the lowest incomes resulting in less access to health care services for them compared to those who can afford to pay directly for health care. People with disabilities are disproportionately poor, and as a result their access to health services will decrease as a result of increased fees and privatization.

For people with disabilities, the goals of Canada’s Medicare system should be to assure equality of opportunity, full participation, independent living, and economic self sufficiency. A health care system that is increasingly relies on private financing results in the opposite – it creates unequal access. In fact, private sector involvement in our health care system only forces people with disabilities to rely more on the old ‘charity’ model of care – a model that emphasizes dependence, segregation and transfers the costs of disabilities away from the state and towards families and charitable organizations. The disability rights community strongly objects to this model as a throwback to the old British Poor Laws of the 1600’s.

Newfoundlands Medicare system needs to be revamped and strengthened through the development of provincial standards to ensure that it doesn’t continue to discriminate against people with disabilities. There are many essential health support services that are unavailable or unaffordable to thousands of NL'er with disabilities. While these necessary supports are diverse, the most widespread and acute needs relate to three areas:
  • personal support services of all kinds (such as self-directed attendant care, home support services, sign language interpretation, communication supports, and support workers);
  • assistive devices and supplies (such as mobility aids, hearing aids and other communication aids, incontinence supplies, home oxygen, etc.; and
  • prescription drugs and related health needs (such as special diets)
  • Health support services provided on an equal basis to all regardless of their residential or living arrangements. In particular, persons living independently or with families and other caregivers in the community should be eligible on an equal basis with persons living in residences and institutions.
  • Health support services provided based on national standards applicable to Provinces and Territories, and be portable across jurisdictions.

These principles are essential for cementing the link between equality, full participation and health care. By incorporating home care, other health support services and Pharmacare into the Medicare system, the provincial government would go along way to promote better health outcomes, greater equality and independence for NL'ers with disabilities, and ensure our public universal health care system is strengthen, sustainable and equitable.

Brudder

Equal Access For The Disabled NL'er

Traditionally, disability issues have essentially been addressed as acts of charity. Persons with disabilities have suffered from a relative “invisibility”, and tended to be viewed as “objects” of protection, treatment and assistance rather than subjects of rights. Equal access to basic rights and fundamental freedoms including access to health care, employment, education, participation in cultural activities, that most people take for granted, have been denied to them.

Over the past two decades, a dramatic shift in perspective has taken place, and persons with disabilities have started to be viewed as holders of rights all over North America, However Newfoundland and Labrador still remains a distant shadow in that regard.

The United Nations High Commission for Human Rights propagates the “Rights-based approach to disability” which essentially means viewing persons with disabilities as subjects of law. Its final aim is to empower disabled persons, and to ensure their active participation in political, economic, social, and cultural life in a way that is respectful and accommodating of their difference.

The Biwako Millennium Framework developed to supplement the UN Millennium Development Goals, states that a rights-based approach should be taken to advance disability issues. The civil, cultural, economic, political and social rights of persons with disabilities should be addressed and protected.
  • Non-discrimination: the Dignity of each individual, who is deemed to be of inestimable value because of his/her inherent self-worth, and not because she is economically or otherwise “useful”
  • Autonomy and participation: the concept of Autonomy or self-determination, which is based on the presumption of a capacity for self-directed action and behaviour, and requires that the person be placed at the centre of all decisions affecting him/her; Equality of opportunity: the inherent Equality of all regardless of difference;
  • Inclusion: and the ethic of Solidarity, which requires society to sustain the freedom of the person with appropriate social supports.

The Biwako Millennium Framework (BMF) recognizes that to uphold the rights-based approach to disability the following core issues be addressed–

  • Prevention of causes of disability,
  • Early identification and intervention of children with disabilities,
  • Reaching out to persons with disabilities in rural areas,
  • Raising awareness and advocacy for the inclusion of persons with disabilities in all activities in the community, including social, cultural and religious activities.
  • Education, training and employment needs to be met.
  • It is essential that persons with disabilities exercise choice and control over initiatives for community-based rehabilitation.

Food for thought!

Brudder

Thousands in N.L. 'suffer hideously,' palliative care report finds



How does one even begin to digest the truth and reality found in this report, especially given that this report remained hidden for nearly a year!

"Throughout Newfoundland and Labrador many of the most vulnerable, terminally ill and those with life-limiting illnesses continue to suffer hideously," says a needs assessment report completed last fall for the Dr. H. Bliss Murphy Cancer Centre in St. John's. CBC News obtained a copy of the report, which has not yet been publicly released.

"They struggle daily for medications and services and such as medical care, home care, nursing and medical care. They struggle through the bureaucratic roller-coaster of endless paperwork for admission to acute care, respite care, palliative care and long-term care facilities … because of the lack of these same basic services in their individual communities."

"Palliative care is currently a specialized service available to less than 10 per cent of the people who die in Newfoundland and Labrador."

Very scary, very sad and very demoralizing. On October 27, 2008 I had written a post very much related to this topic. At the time I was somewhat shy about posting it, because maybe the suggestions were more than could be easily proven. My thoughts then somehow seem more likely to have merit than not, and as a result of this report we ought to be taking what we are told by health care officials, less for granted.

In victory or shame of defeat, I am ready to go the extra mile to discover the dirt. Are you with me?


Brudder

Tuesday, June 2, 2009

National Hunger Awareness Day - What Should This Day Represent - Who Should Be Watching?

This is National Hunger Awareness Day. The General Manager of the Community Food Sharing Association, Eg Walters, indicates there are still a lot of people using food banks. Walters says locally they are seeing an increase of 25 to 30 % increase in some locations and more frequent visits.

According to the Food Sharing Association it cost $168.14 a week for basic food, to feed a family of four. Feed them what is the question? Canada's food guide would certainly disagree with this promotion, so in reality, FSA and Stats Canada are saying, as long as it's edible, it's food!

I took the liberty to draft a very harsh, relatively modest week long menu, with current supermarket prices, and where possible I used discount stores such as Pipers and Dolla-Rama to buy yet cheaper product and quality. The attached menu below does not include snacks, treats, lunch items, fresh fruit or vegetables, very little real nutrition in fact. This list does not support household and personal care items, over counter medicines or dairy. I believe you will be quite awed by the findings.

Relative to all of this is just how little income support payments are at $666.00 per month, and they are provided for food, utilities and clothing. Simply put, it's undoable and it has to change!
This day comes along with the reports from both child youth services and and child youth advocate about the digressive state that children live in.

Poverty has man forms and colors, I personally do not see a greater physical or emotional abuse than that of having a child go hungry! Poverty shapes both families and the way they live. Families without financial resources strong enough to provide even the most basic of needs, often take on many faces, sometimes these faces can affect the way children and parents interact with each other.

Children at most ages do not understand the concept of financial restraint, and whether it's a cell phone, new $100 shoes or splash cash, if they want it, they expect to have it. Socially under developed children do not in most cases build on stereotypes, and will associate with other children from various financial abilities. Thus, when a lesser fortunate child's best friend can afford a blackberry, then it its expected he/she can have one too. Children learn quickly to be bitter, vindictive, and even threatening toward their parents when they do not get what they want. Often eating healthy or eating at all depends how often a child's wish is granted.

Food For A Week

Resource: Canada's Food Guide

Take a look, please offer your comments.


Brudder

Wednesday, May 27, 2009

NDP Leader Raising More Concerns About Eastern Health

A stand off of sorts took place on the hill yesterday, between Ross Wiseman, Minister of Health and Lorraine Michael, Leader of the NDP Party, over Health Care practices and policy.

Despite the issue being quite serious, the presentation in the house was not much unlike the Andy Wells comedy fest. It is very concerning to me to see so called professionals, especially ministers in government bantering like babies.

NDP Leader Lorraine Michael is raising concerns about communications at Eastern Health. "She says several recent incidents, including the story of a 15 month old boy who died from meningitis after being sent home from the Clarenville hospital, have spawned reports of other cases that have the potential to incite panic. She wonders why there has not been more communication to waylay public concern."

"But the Minister of Health says Michael is playing cheap politics with a sensitive issue." Mr. Wiseman, are you for real? Newfoundlanders and Labradoreans alike are desensitized with Health Care already, and has become more so with this current administration and your personal departmental leadership.

"Ross Wiseman says despite assertions from the NDP, he did not downplay the significance of last week's incident when questioned in the House of Assembly." Ross you most certainly did downplay the significance, and not only did you do that, but you overstated your intention to probe the incident, and the report that came back way to quickly was written by the people probed. Who paid the price? A 15 Month old child? Mr. Wiseman, you need to learn from this! Your premier, finance minister, justice minister and others are all lawyers... where in any Judaical system does a criminal get to investigate their own crime.

"Michael points to the recent Task Force on Adverse Health Events, stating Eastern Health should be making efforts to communicate what they know to the public. She questions whether the incident was reported to management as soon as it occurred. Eastern Health continues to investigate the incident."

Three cheers for Michael


Brudder

Monday, May 25, 2009

ER wait times debated in House Study promised lst year only started last month

"Liberal Leader Yvonne Jones wanted to know why a study into overcrowded emergency rooms (ERs) in St. John’s, promised last spring, has taken almost a year to begin.Health Minister Ross Wiseman said the study is complex.

“We’re not assessing production of hamburgers at McDonald’s, we’re talking about acute-care services,” Wiseman replied before confirming the study began in early April."

I can recall more than fifty times in the past 16 years where the issue of over crowded ER Beds either meant you went home very ill, or you waited it out in a corridor until a bed became available up stairs, which took up to three or four days some times.

The odd thing however, if you asked about the situation you were in at the time, you'd be promptly told! This almost never happens.

Wiseman said "when people show up at ERs they are assessed and taken care of depending on the seriousness of their problems and are given a rank from one to five."

Well Wiseman, is this always best policy? Who does the ranking? Local patients have come to realize that complaining of chest pain will get you prompt attention! Second to that, the triage should be at least be serviced by a resident.

I remember, 2002, a friend of mine was using a Wheel-Way bus.. an accident occurred, and he broke both arms, both legs and several ribs. After arriving at the hospital, he waited four hours to get checked in. He was admitted, but after two days in emerge, no bed in sight, he was sent home! Can you imagine the indignity, the pain and stress this caused this person?

“We raised (this issue) in the House over a year ago,” said Jones. “They’ve only now commissioned a consultant to do (a review). The money sat in a government bank account for a year.”

A consultant to do what? "God Damn Them All" Ross my son, stop blowing health care dollars on bullshit! Do you really need to take another year to do a review, another year to wait for a report and five years to implement it before you take action? Despite the contrary on what I personally believe, you can't possibly be that ignorant or stupid! Can you?

The resolve seems somewhat formulated to me! Look at the past year, all ER departments across the province, build your formula on ER capability versus over flow percentage per hospital. Adjust the bed and staff capacity accordingly.

We understand to that many times ER's are being used by walk-ins that could and should have visited family doctors with flu's, common colds, stomach flu, strains and sprains.

Would it not be productive and cost effective to allow private practice physicians to use current clinic areas of hospitals to offer in hospital service to patients visiting ER rooms that do not need them. If I enter an ER with a sore throat, I would be automatically sent to family practice.

"NDP Leader Lorraine Michael said the government seems to be turning a blind eye to real problems in hospitals. “I’m sick and tired of this government refusing to acknowledge that we have major problems in our health-care system,” she said. She also renewed her long-standing call for a full review of the province’s health-care system."

"Wiseman told Michael in the House that he said no to that review seven or eight months ago and would still say no seven or eight months from now."

Isn't that a fascist sort of approach? our democracy is shot to hell! Certainly, Ross would deny any review that would prove what we already know! Health Care is broke, and Ross is wrong!

Brudder

Tuesday, May 5, 2009

We Are Sorry - AGAIN

Eastern Health Official Concerned About Medication Mix up! This falls in the wake of Musgravetown resident Nancy Mojica-Fisher, a United Church minister, who was given a treatment last Thursday that had been intended for a cancer patient sitting next to her in a treatment room at G.B. Cross Memorial Hospital in Clarenville.

This story has room to require more than an apology! The public has become scared, so much so that tuning into radio news, turning on the TV set, or reading the paper gives most of us the woollies.

This year has disclosed a long and diverse list of Health Authority medical mistakes, that has caused an abundance of pain and even sorrow for those affected. Not just, but most of these stories are out of Eastern Health. It's difficult to digest the reality of these mistakes, and how much negative impact they will have on patients in the long term.

The breast cancer inquiry and its findings alone, gave us enough insight to at least attempt to forge ahead and believe or not believe in the promises by our government, to fix the mistakes being made across the board!

I believe I can say however, it will be a long day coming when health care is delivered without mistakes being made, and especially ones that cause pain and suffering.

I'd like to believe that our province and it's agencies will not be able to abuse the "Apology" theory just introduced to our system.

I will be watching in earnest I am sure, but I dare say that things will get much worse before they start to get better. There seems to be a new approach in disclosure of even crucial mistakes made by Eastern Health, this past few weeks, the authority has beat the victim to the media. I am a little lost at understanding the flip flop, and even more concerned with the new catch phrase, "Eastern Health Apologises", so on, so forth.

Brudder

Thursday, April 30, 2009

Williams issues ultimatum to AbitibiBowater over severance

"Newfoundland and Labrador's premier issued a new ultimatum Thursday to Abitibi-Bowater, saying his government won't compensate the company for the assets it expropriated last year unless it makes severance payments to its Grand Falls-Windsor workers."

Hahaha, hahaha, hahahaha: Moron! Danny, I thought you were a lawyer?

Remember the ABC campaign? Buddy Face!? Whatshisname up along? Yes, yes Harper! well he had a rope that he held in his right hand, and at the end of that rope, Newfoundland and Labrador was hog tied where it has been since 1949. We were being sheepishly, but protectively towed along with, but at the arse end of, Canada.

We were making slow progress, but Danny got greedy too fast, and Stephen said.... Wait now! who transfers what to who? The answer was obvious, Ottawa didn't, don't and won't need Newfoundland and Labrador! So what did Steve do? He dropped the rope, he set Newfoundland and Labrador adrift.

I suppose the result gave Newfoundland and Labrador the right to boast of two political Guinness Book Records. First with Rideout beng the shortest lived Premier, and the shortest lived "have" status.

Let us be honest, like the young folk say, by keeping it real. Anyone who can fire up an electric power tool, swing a hammer, square up a wall plate, run plumbing, electrical wires, pour concrete, operate heavy equipment, install floors, doors and windows are working everywhere in Canada but Newfoundland and Labrador.

Steve has it made, Newfoundland and Labrador in a crunch, while he lands an income tax wind fall off the backs of Newfoundlanders and Labradoreans working off of the island. Nothing magic here, no big feat, but with it, he is able to tell Danny to "kiss his ass".

This is all relative in the Grand Falls scenario, Williams can talk the talk, but I am sure he can't walk the walk on this one.


Brudder

Treatment groups slam N.L. for youth clinic location

Groups that serve people with addictions say the Newfoundland and Labrador government is putting politics before patients, by locating a youth treatment centre in central Newfoundland.

Why wouldn't they say that? I happen to agree with these groups, the Liberal opposition and anyone who can understand the contradiction of locating this facility in Grand Falls.

I understand the dilemma that Grand Falls is in right now, but I am not sure placing this facility there, will be of any kind of economic resolve or give any economic empowerment to the individuals affected by the mill closure, and most certainly no long term benefit.

Realistically, can mill workers as they are treat addictions? How long will it take for any of them to receive social work, psychology, counseling and the many other diverse degrees, coupled with the experience and confidence it will take to treat the most vulnerable.

Do the residents of Grand Falls realize that this decision will have no personal impact on them? This is a specialized service that will require specialized personal. What it will mean is a recruitment of professionals to come in and take up residence in your town, and at the end of the day, mill workers will still be hurting.

Truth is, it is a political move, and even the most politically illiterate amongst us would agree that it is, what is most scary however, is the denial by the provinces most esteemed politically elected.

Heck! Wiseman's rebuttal to Yvonne Jones, leader of the official opposition, on that thought yesterday, nearly had me convinced that he was telling the truth; then I noticed once again, that weasel like look in his face, blood pressure on max and the big turnaround to the PC caucus, where he looked for that spring loaded neck nod and the Elvis Presley lip lock on the faces of his colleagues, in a show of support for his argument. That was enough for me! It does not matter; Blue, Red or Orange, this call is half arsed, the endorsement stupid and the justification totally political.

A story of my own, and by comparison, I was part of a Rural Development Business Plan Team several years ago, where as part of my job I had to write a proposal to the Federal Government, for a grant/funding project to repair a harbour breakwater, and to build an extension on the existing fisheries wharf.

The need, usefulness, and economic benefit of the project was articulated flawlessly, and as well, I identified and demonstrated the safety and hazard issues with the current system, and these were presented in video format. In short, the RFF was denied, there were no visits from DFO, no inspections, inquiry or surveys, just short and to the point no!

Not to be out done, I took the very same proposal, changed a few particulars, along with the location and excluded the previous video tapes. I did however add a topographic map of the new location, otherwise, we'd used the original proposal in more than 90% of its original design and we tried again.

Three weeks later, and with great surprise when we received the letter of approval, and for 80 thousand dollars more than what was requested.

There was a huge irony in all of this however.... this entire project was proposed for a site that sat approximately 15 miles away from the nearest water source! I am quite sure I made my point on that.

The very words "Build New" makes me hurl. The Avalon is entrenched with unused physical assets and infrastructure that can accommodate this need!

We have a health care facility in that of the Health Science Centre for example, with entire wings that were once patient rooms now dedicated to junk and storage rooms. We have several such white elephant assets, without tenants or customers.

On a more social and psychological side of the argument, children who are being treated for addictions out of St. John's, are reported to be from the city and surrounding area. It has been reported that these same cases account for more than 70% of all cases treated in the Provence. These recovering teens need to be near their parents, and at the very least if they are in-patients in the first place!

Transportation, accommodations and lack of access to necessary secondary supports already established in St. John's, and ones that will be required for a successful recovery, are all key issues with placing this facility in Grand Falls.

There is a need for further thought on this, it starts with you!


Brudder

Monday, April 6, 2009

Eastern Health 'should be shot' over cancer test handling: Williams

Danny Williams said today that Eastern Health 'should be shot' over cancer test handling:

Danny let me say to start: If somebody should be shot . . . and as it is you are commander and chief, you are the only one with the gun . . but yet so far you have refused to squeeze the trigger, Why?

Ladies and Gentlemen, if you have not done so already, follow the post title to read the coverage on CBC.

Newfoundland and Labrador Premier Danny Williams lashed out Monday at the province's largest health authority, accusing Eastern Health of downplaying revelations that it had missed dozens of breast cancer patients in a massive retesting exercise.

I am not sure what the real agenda is for Williams, but if his outburst was sincere my hat tips to him. Throughout the entire breast cancer ordeal, it looked as if not enough was being done by his office to curb the idiocy being portrayed by Eastern Health.

Fridays release that 38 more victims were identified, turned into 43 by today! Yet another signal that Eastern Health "DO NOT" have it right just yet.

Danny finally agrees with me, and if you look back at several of my earlier posts I have reiterated what the premier said today "They've learned absolutely nothing," said Williams.

Meanwhile Pat Pilgrim Chief operating officer for Eastern Health said today; "We apologize to our patients for that. We wish that we could undo that," said Pilgrim. Pilgrim you dumb nut, arrogant, false hearted bitch, you can't undo dead. I just hope before they shoot you, they cut off your boobs and pickle the rest of you and company in battery acid. You make me sick, you wench of a woman!

We apologize, for Christ sake.... you are apologizing to mothers, wives, daughters, sisters, grandmothers and niece's, the only problem with that is, they can't hear you nimrod, they are dead!

You're damn straight I am pissed, and whats more scary, is that most of you hiding or with something to hide are woman.

Start shooting Danny, I am behind you on this one.

Brudder

Saturday, April 4, 2009

38 more breast cancer patients in N.L. needed retesting

"The Newfoundland and Labrador health authority at the centre of a breast cancer testing scandal says it has identified more than three dozen additional patients — including 24 now dead — who should have been retested in a review of hormone receptor tests."

I dare say it's fair to believe that no one would be too surprised by this latest "New or not so New" revelation with this story. I would have believed we would have long since passed the time where debating what went wrong before and after the Cameron inquiry yields us any true understanding or better still, acceptance of what happened.

This is testimony of negligence however is at it's best.... 36 more people, 24 of which are already dead as a result of complete incompetence, and many would think ignorance and arrogance by a government and Health Care authority that failed far to many innocent and vulnerable women. Totally ridiculous, Health Care in Newfoundland obviously needs a huge overhaul, more than the extra 300 million dollars announced, to prevent this type of gross negligence from ever happening to another family again.

Ok, that said! Who pays? Who receives and who is accountable? Is, we are sorry from Eastern Health or the Government enough? After all, this latest news release is somewhat a confession isn’t it? Eastern Health is ultimately saying; people died, here and we allowed it, we killed them! Ladies and Gentlemen these women put their faith, lives and liberty in the hands of a trusted entity, an entity that ultimately failed them.

We are not talking about a mistake that would be more acceptable had it been on one person where the fallout is between patient and physician, but no, we are talking about 424 patients so far, with that number expected to increase. We are talking about wrongful death, pain and suffering! We are talking about government and Eastern Health tossing millions of dollars, that has been pre-determined in back room deals, where patients and or families are offered this quiet money, with the general hope of government and Eastern Health that this will all go away soon.

I remember reading a few stories over the years where both Canadian and U.S soldiers had come under fire by the military legal systems they were policed by, for wrongfully firing on and killing civilians in urban warfare!. We are talking about city street war in places such as Iraq and Afghanistan, wars where collateral damage is inevitable. Yet, countless soldiers representing global peace will spend years in military prisons for making a mistake.

I believe it would be fair to assume, these oncologists, lab techs and biochemist all conducted there tests, completed their work without fear of an AK-47 pointed at their head or an IED planted under their chair! But yet these lab and office soldiers are able to walk away without consequence and remain worry free from any judgement from having made continuous and continued errors they made, not once, not twice, not three times ladies and gentlemen, but rather 424 and still counting times!

What divides groups and civic enforcement from one or another? Recently a local fisherman was found guilty for not having provided the necessary equipment on his vessel, equipment that could have saved lives during a sinking of his ship! Another company charged and convicted for sending sent out a piece of heavy equipment that had a breaking issue, creating an accident that took one life on Duckworth Street. The list goes on.

Here we are five years later, Eastern Health blamed faulty equipment and wrong testing practices that allowed for the errors to be made, and each and every person responsible for these mistakes escape consequence. My dilemma with this is simple, if the lab director or any number of authority figures knew the equipment was faulty, why did they allow it to be used? They would have known these errors were likely and people would possibly die?

In the case of the contractor who allowed a piece of equipment to hit the streets with bad breaks, and as a result a person was killed, suffered the charges along with the driver of the equipment for having known, but ignored the dangers of using faulty equipment. The penalty was huge for both!

I am not so much questioning the errors as earlier stated, it's old news really, and outside of tossing too few millions at the repair required, nothing has been or will be done to insure the safety of our provinces vulnerable in the future.

However, I am certainly confused at how easy we as a populous are to accept the process used to determine guilt or innocence. The legal process here in this case appears to be compromised and managed by higher authority, even beyond our Chief Justice.There is room here for charges, who will lay them?


Brudder

Tuesday, March 31, 2009

Update: Woman's Cancer Diagnosis Confirmed

Happy Valley-Goose Bay resident Colleen Whitehorne, who had to go to Alberta for further diagnosis of a cancer in her eyelid, is back from Edmonton. Her husband Randy told VOCM Open Line with Randy Simms the diagnosis confirmed the cancer. Whitehorne says Colleen has been diagnosed with a rare form of cancer affecting both eyes. He says the doctors are consulting on the treatment and that it could be very expensive. Whitehorne says the cancer is a slow growing type that has not spread. He says they are waiting to hear what options they have for treatment. Whitehorne wants to thank the many groups who helped cover their expenses. A benefit has been organized in Happy Valley-Goose Bay for Colleen at McNally's on April 18th.

Brudder

No Show Wiseman!

"Health Minister Ross Wiseman did not show up for a morning address to a major conference in St. John’s on the development of an electronic health records system.

Instead, parliamentary secretary for health, MHA Terry French stood in.

Wiseman’s spokeswoman said he had a last minute meeting that kept him away.

“Raising the Bar: Opportunities and Challenges for Improving Health Through Quality Health Information” organized by the Newfoundland and Labrador Health Information is a two-day conference packed with health care personnel from around the province.

The conference was so popular, it had a waiting list. A picture archiving and communication system related to testing images has already been implemented and the centre is about to roll out the electronic pharmacy program.

It has also started work on an electronic lab records system. “In her recent report, Madame Justice (Margaret) Cameron also recognized the potential of electronic health records on improving the quality of health information in our system,” French told the conference in a speech written as if it was being delivered by Wiseman. “We are making solid progress in this area, and have been recognized on the national level for our achievements, particularly in the area of electronic health records research and evaluation.”

Danny must have forgotten to tell Ross what to say so he couldn't speak without saying exactly what Danny wanted him to say. This man is a joke and is a disgrace to the word Honourable and a disgrace to the Department of Health. But Danny backs him 100% so that's all that matters. The great wise and wonderful Danny Williams is always right and he tells us that every chance he gets.

No show Wiseman. Is running with a possible fact that he has real issues using any sort of tact with a no brains approach. We all know he is only a mouth piece for Williams just like the rest of the cabinet ministers who say and do only what they are told to say and do by the master dictator.

On the issue of open source computer networks The problem with computerized health records is that, it opens up a whole opportunity for privacy breaches. Instead of your personal medical information remaining in a paper chart in your doctor's office, it will now exist on a computer file that will be shared between possibly hundreds of computers. You cannot maintain the same level of security, you can only attempt to minimize the increased risk. The doctor, the secretary, the hospital, the lab, the ex ray department, your insurance company, or the government's insurance system, the company who implements and maintains the systems, just to name a few, are all now looking at your personal health records if they so desire.

Think about it!


Brudder

Sunday, March 29, 2009

The Act of and Right to Home Scool in Newfoundland and Labrador!

Today the mere suggestion of home schooling your child in Newfoundland and Labrador will get you more than a load of grief. However defined and supportive your logic is, your decision to home school your children will be contested. From a legal perspective, you will be examined and raped of pride and common sense, you will be threatened with removal of your child from your home. Why?

The philosophies of both society and school boards suggest the practice is redundant, inefficient, non practical and the worse case description, the practise is damaging to a child's social and educational growth.

Despite all of this however, if a disabled child in rural Newfoundland and Labrador cannot access the only school there, then home school becomes the process used to educate them? I get more than lost in the significance of that obvious truth and school board contradiction.

I believe, if I were attempting to home school my child, based on both the quality of education and the safety of my child, I would have to ask!

"Can the school board guarantee my child’s safe return home from school each day? This includes the time that they are entrusted to your care during the bus ride to school, before class, school hours, between and after classes. This includes but is not limited to safety in the rest rooms, in the hallways, on the stairways, in and under the bleachers, in the lunch room, in the class rooms, on the playgrounds, or on any school property.

COMPLIANCE

Can the school board guarantee that a member of it’s faculty including, but not limited to teachers, principals, aides, janitors and any school official, will not fall in love or lust and attempt to sleep with, marry, fondle, molest, rape and sexually mishandle my children in any way.

Can you guarantee me as a parent that my child will get a top notch education from a top notch school with verifiable records to prove it? Can you provide me with at least 50% of your current year’s students, verifiable records of above average success on all academic levels? With the exception of your hand picked students, can you provide me with a high level of excellence in academic records for at least 300 students that are above the national level for a period of 3 years?

Can you provide me with medical proof that all of the students that your school district has deemed autistic, ADD or ADHD are indeed suffering from these clinical deficiencies? Can you prove that the person or persons who made these medical diagnoses are qualified to do so? Can you guarantee to me that the school board has a real interest and concern for my child’s education and is not only interested in getting provincial or federal monies for my child’s presence in your school district?

Can you guarantee that my child will not be exposed to drugs or alcohol as a result of going to your school? Can you guarantee that my child will not be racially discriminated against in regards to students of other races? (Whether Black, White or other race depending on the student) Can you guarantee that my child will not be killed on school property during school hours while in the care of your faculty?

Can you prove that your school will not be one of those that helps students cheat on test to raise province wide test scores for the purpose of improving it’s image. Is your school one that accepts responsibility for children not learning, or do you blame the children for the failures of the schools. Can you give a realistic account of Newfoundland and Labradors failing schools or do you consider teachers and school administrators to be completely blameless?

Can you help me to understand why school board policy suggests that it’s schools are typically not held liable for the injury or death of a child while in it’s care and many times are not even investigated, but the same rules don’t apply if this happens while in the care of parents or other relatives, friends and non school officials. Can you give me a legitimate reason why I should entrust my children’s lives into your hands when you don’t have to protect them from hurt, harm or danger. Can you explain to me why my rights to be a home school parent are always questioned or challenged when home school students have consistently proven to be well educated? Can you explain why public school officials feel the need to interfere with home schoolers who are giving their children a safe viable education while the children under their very care are failing miserably? Why is that? Do you want more children to be given to you so that they can fail miserably too.

PROGRAMS

Can you explain to me why your policy often states that if a child goes on a field trip with your school that the parents must sign a letter stating that the school board can not and will not be held responsible for the death or injury of a child while in the care of school officials? Wouldn’t it be more feasible to say, send your child with us on this trip at your own risk? Can you give me a reasonable explanation as to why some public schools don’t report sexual abuse of children on school property, during school hours while in the care of the public school system? Can you explain why some parents have to wait months or even years to find out that their child has been sexually assaulted by other students? Can you help me to understand why the school board is more interested in protecting its image than it is the safety of our children? Can you tell me why many school officials oppose home schooling over public school when the school system is full of violence, threatening behaviour, immoral activities, delinquent behaviours, and so on and so on?

Can you tell me why many teachers question the social ramifications of home schooling when the children that they would socialize with if they attended public school are the very ones that would subject them to lewd acts, teen sexual promiscuity, alcoholic pressuring, drug pressuring, peer hazing, bullying, racism, hatred, name calling, and so much more. Can you assure me that my child will not be the next victim of an oversexed sexual predator be it a teacher or another student? I know that I have already asked this question but since this seems to be a constant occurrence on the rise, I felt the need to say it one last time."


Brudder

Thursday, March 26, 2009

New Ministry For Child Youth and Family Services

I like the idea of a new ministry for children and families in Newfoundland and Labrador, provided it will work much like other provinces in the country that has set up the same. However at this point I am quite skeptical where the question remains, while a new provincial ministry will exist at in legislature, will it be established with regional offices, independent from other service blocks?

It remains to be seen how the ministry will deliver the services of CYFS, and through which umbrella or portal. In other words, if this ministry is on paper only, but still serviced by Health Authorities across the province, children and families will be no better off, and will have already lost.

At the very least, this office should be set up in conjunction with the HRLE provincial map zones, with regional and district offices for CYFS in the same HRLE zones, but not utilizing same management, staff or resources.

In 1998, the CYFS portfolio was devolved from HRLE to each Regional Health Authority, Eastern Health, Central Health, Western Health and Labrador Health. These authorities then attempt to manage the actual mandate of and work being done with children and families by CYFS.

So while a new provincial ministry will be created, does it necessarily mean that the responsibility for the actual services they provide be their own? Will there be a new full body created, with separate directors, managers, social workers etc. If not, a ministry will be pointless. Let us not forget, Wiseman has stated to the media over and over, we as a department rarely interfere with decisions made by our Health Authorities!

Ministers come and go. Its the Culture of Child Welfare that must change and this means a change or addition of independant directors, managers and professionals trained in the field.


Brudder

Tuesday, March 24, 2009

Why Are Parents The Blame!

An exchange of views between CBC News reader and I.

Labgirl: Your opinion is your own, but by what research do you base your ignorant statement? “But its sickins me to see parents just handing over there kids to the courts because they raised them to be the way they are ,”

I will not subtract from your belief, but I “know” parents do not just give away their children because of the way they raised them! I take many exceptions to this thought, simply because parents are genuinely forced to raise kids to be “BRATS”. This is not unique to Newfoundland & Labrador.

T.V Networks have made millions on exploiting family break-ups, child meltdowns, etc. with reality shows like Nanny911, Brat Camp, and School Yards of America… The list goes on.

A local St. John’s school cited that 25-30% of their 450 student body population in year 2007 were diagnosed with ADD/ADHD/ODD/CD and other such psychological disorders. This sends a bad message to the community.

Children with these said disorders are generally characterized with being the “Bad Apples” of society. The sad reality Labgirl, if a closer study was undertaken we would find that 80% of those kids diagnosed are wrongfully diagnosed.

The school and child protection acts are the real perpetrators in the big picture, not parents. Parents are not allowed to raise children today, children raise parents. Where is the line drawn, where do we begin to accept that a teachers misusing her authority to report parents for abusing their kid, because that kid lied in a story of abuse, is the right first response?

Recently, a young family was put under watch by CYFS because their family doctor felt confining their seven year old child to its room for fifteen minutes after demonstrating very negative behaviour was wrongful punishment. The sad reality Labgirl, CYFS now has an active file open on this couple because they did what you would call good parenting.


Brudder

Monday, March 23, 2009

Monthly Payments to Foster Families Going Up

The Provincial Government is strengthening the foster care program in Newfoundland and Labrador through substantial increases in foster care rates. An investment of $1.3 million will be made in 2009-10, with an annualized investment of $2.4 million starting in 2010-11. The Honourable Ross Wiseman, Minister of Health and Community Services made the announcement today in St. John’s. Read More ......

Please readers, if you have not already done so, follow the link above, read the full press release and then come back to my my blog, if after reading it, you believe I am a biased quack, feel free to air your thoughts.

Does the words contradiction, inequality, unfairness and disrespect for welfare or low income kids mean anything to you Ross Wiseman? In his release Wiseman says, "Foster parents play an incredibly important role in providing a caring and supportive environment for children on a temporary or long-term basis." He also says "Our government believes that foster parents should be provided the supports that are essential to delivering quality care to children."

I am having difficulty digesting this information, and even more difficulty in placing any convincing merit on Wisemans "caring and supportive" ideal on foster parents in the province.

Do you want to talk about love and caring Ross? It doesn't require much love and caring while staring at nearly 1000.00 bucks a kid!

Owe up here Ross, it's not about love, support or caring, it's about one simple fact, your whole CYFS/Foster Care and Child Welfare System is broken and you my friends are beaten!

In February, 2008 a Sondria Browne an Eastern Health liaison between foster homes and children's families said at any given time there are 700-800 kids in foster care. Ross at that time you were 300-400 foster homes short, and placing children in hotels and motels with 24 hour home support workers was the only recourse.

At that time Ross you said "Placing children who have been taken from their homes into a motel is far from the preferable choice, but is sometimes necessary." Well according to a quick check Ross, it was necessary about 640 times in 2008/09

Ross, a year has passed, situation is still with us and the numbers has gotten bigger. The reality then, and the reality now is simply stated; with chicken feed remuneration you were offering, was simply not very attractive financial resources for foster parents, but by doubling it, you may just get some extra attention, even though at this rate, it remains an insult.

Ross, release some of the countless horror stories from the hundreds of children that are/were under your departments watch, let the public know, that even your own child welfare definitions of abuse has been known to apply to many children being abused by foster families under your employ.

I am an advocate for equality, and folks this is not a case of anything close. A family not far from me are, in my opinion making a living fostering kids, not because they care, but because it's a freaking income! Albeit a grand announcement, and considering children are a major expense on families, I still have to ask the realistic question; why does it cost more to be a foster kid, than a kid on a families low income or welfare?

Wiseman says "The safety, health and well-being of children in foster care are a top priority for our government." "We recognize that there are a variety of costs associated with caring for children and that is why we are making further investments to assist with initial placement in a foster home and to support families around the holidays. Each of these can also present financial challenges for foster parents and it is important to ensure they have the resources available to purchase the necessary items for children."

I don't have any issue with the increase, in fact it should be bigger, but what I do have an issue with is the slant the increase story is taking.

A child's needs are there regardless of social status. Are we to accept that all children in foster care at 0-12 years old are there because they are unwanted, abused, or in physical danger from their parent(s)?

What about a reality that, children are often surrendered because family income isn't large enough to support the cost of raising them?

Is it your department's reaction step in with a 700 dollar increase to any family, after a suggestions from the Janeway is presented to you, that a child there is reported to be malnourished? or do you send in CYFS to investigate how a family of three could have wasted their minimum wage income, and did not qualify for income support because they grossed $1360.00 a month. After all, they only needed to pay rent, heat and lights, fuel/gas and transportation to get to work!

I believe I made my point, children are children who do not recognize economics, they do not understand rich and poor, however they do recognize when their tummy's are empty, and so should you, you lush!


Brudder

Thursday, March 19, 2009

The history of disabled persons in Canada is largely one of exclusion and marginalization.

"It is an unfortunate truth that the history of disabled persons in Canada is largely one of exclusion and marginalization. Persons with disabilities have too often been excluded from the labour force, denied access to opportunities for social interaction and advancement, subjected to invidious stereotyping and relegated to institutions... This historical disadvantage has to a great extent been shaped and perpetuated by the notion that disability is an abnormality or flaw. As a result, disabled persons have not generally been afforded the "equal concern, respect and consideration" that s.15(1) of the Charter demands. Instead, they have been subjected to paternalistic attitudes of pity and charity.... Deaf persons have not escaped this general predicament."

Thus did Mr. Justice LaForest of the Supreme Court of Canada summarize the context in which the Court reviewed the case of three deaf persons from British Columbia, who asked for the right to be provided with sign language interpreters when seeking medical help in hospital. Such help had been available to deaf persons in British Columbia until 1990, when the program was canceled because the non-profit agency providing the service could no longer afford to continue it. Two requests to the BC Ministry of Health for funding were turned down. The result: when one of the appellants in this case was giving birth to twins, she was forced to communicate with her obstetrician by written notes, a process both the patient and the doctor described as dangerous, frustrating, impractical and inadequate.

The appellants argued that their right to equal treatment under s. 15 of the Canadian Charter of Rights and Freedoms was violated. S. 15 of the Charter says that every individual in Canada - regardless of race, religion, national or ethnic origin, color, sex, age or physical or mental disability - is considered equal and governments must not discriminate against individuals on these grounds in their laws or programs. The Appellants argued that the hospital's failure to provide sign language interpretation when it was necessary for effective communication between doctor and patient meant that they could not benefit from the health care system equally with hearing patients. This is called adverse effects discrimination: a law which appears on its face to be neutral, in fact, discriminates against a certain group.

The Supreme Court of Canada agreed. It was unanimous in holding that the Charter rights of the applicants were violated. Mr Justice Gerard LaForest wrote: "If there are circumstances in which deaf patients cannot communicate effectively with their doctors without an interpreter, how can it be said that they received the same level of medical care as hearing persons?"

* Hospitals are not governments or government bodies. However, the Supreme Court is saying that hospitals, in providing medically necessary services, carry out a specific government objective and governments cannot dodge their obligations under the Charter by delegating responsibility to hospitals or other private entities. Legal commentators say this will become increasingly important in the years ahead as governments look for ways to privatize services that they once provided.

* Governments, in some cases, must take steps to make sure that disabled persons are treated equally under the law. It is not enough to say that a law does not have a discriminatory intention. Governments will be required to take special measures to ensure that disadvantaged groups are able to benefit equally from government services.

* This decision marks the first time the Supreme Court of Canada has explicitly said that it will allow the Charter to be used to review the actions of private entities when they act on behalf of government. . Justice LaForest stated: "If the act is truly governmental in nature - for example, the implementation of a specific statutory scheme or government program - the entity performing it will be subject to review under the Charter only in respect of that act, and not its other, private activities."

The government of British Columbia and several other provinces including Newfoundland and Labrador argued against the application of the Charter in this case. Their arguments can be summarized briefly: It costs too much and we can't afford it. This argument was given short shrift by the Court, which noted that the respondents presented no evidence that accommodating the appellants' needs, if extended to other government services, would unduly strain government resources.

There has been a mixed reaction to this decision. Advocates for the disabled have been jubilant; watchers of the public purse have been dismayed. Many doomsday scenarios have been painted by editorialists and letter-writers, prophesying a floodgate of applications by special interest groups, putting further strain on already scarce dollars for social services. However, the Court foresaw and rejected such speculation, saying that such conjecture would in effect destroy the usefulness of s. 15 of the Charter and "render the disable’s goal of a barrier free society distressingly remote." Whether we agree or not, this is a landmark decision and we can expect to see the ramifications of this judgment ripple through the Canadian court system for some years to come.

Brudder

Monday, March 16, 2009

Is There a Contradiction?

I was posed with a question mid to late last week, and for the life of me, I had no immediate answer! Dear Lord, I mused... Brudder had no answer, a rarity indeed.

The question “Is there an age restriction used by the Newfoundland and Labrador Justice system, defining when a child may or may not be used as a witness in a court case”?

The question was centered on the age at which a child would or could be used to give credible testimony in a court case. A fair question and an easy answer, one would expect, right? Not true!

Despite several searches, I have been unable to find a "definite" answer to that question. But I believe however, given a very large volume of information speaking to the issue, it is fair to say, that children under age 12 are not recognized as credible witnesses at least in most cases.

"The Court shall, in every application brought before it affecting the interest of a child, give the child an opportunity to be heard if his age and power of discernment permit it." (federal justice web site)

For the sake of the unknown, I will speak to what does appear to be a huge contradiction between our provincial and federal justice systems. Although not fully understood at this point, I will toss it out to my legal associates and redefine the reality soon. The debate relates to CYFS, their policies, children's freedoms and adult rights.

A local couple has been put under the watchful eye of Child Youth and Family Service, due to an incriminating statement submitted to them by the family doctor of this couple. CYFS has soft charged this couple for further investigation in relation to a statement given about their seven year old daughter.

This statement was by and large, generated from this doctor’s misinterpretation of the answer to a question she'd asked of the parents. By the way it was explained to me, the questions answer would not seem to have been investigation material period. Had this physician not misconstrued the answer to her question, the whole issue might have ended then and there. However, because of her error the situation proceeded as follows.

A couple of case workers knocked on the unsuspecting couples door, without notice, appointment or legal documentation, and for lack of better description unlawfully intimidated their way into the couples home. The couple was interrogated, and then separated from the child, whereupon the child was separately interviewed. In spite of the fact that, to my understanding thus far, a child appears to be unqualified to offer credible testimony in their own right, it is the normal policy of CYFS to interrogate such children away from the presence of parents or other persons acting on the parents behalf. In this case, however, the child and case workers were in earshot of the parents during the interview, and if the story as described to me is true, the questions were loaded, coercive and would have been mentally confusing and challenging for any seven year old.

A walk-about the couples home, which included a view and examination of a second child, was demanded and executed without warrant, legal representation or presence of the police; all without any legal consent of the couple. This family feels very victimized, especially when our justice system indicates a child under twelve cannot help to acquit them of a charge. Yet it seems the same child under twelve can be manipulated into putting them behind bars.

Your comments?

Brudder