The George Zimmerman Verdict and The British Justice System

The not guilty verdicts in the George Zimmerman trial for the murder of Travyon Martin may be a result of the British criminal justice system (that is shared by both Canada and the United States) and it's most important principle that it is better that the guilty go free than the innocent be convicted.

One of the earliest expressionless of this principle was Blackstone's formulation: "It is better that ten guilty persons escape than that one innocent suffer", further amplified in the United States by Benjamin Franklin: "It is better 100 guilty Persons should escape than that one innocent Person should suffer".

This principle is expressed in practice by the principle that juries must find an accused guilty beyond a reasonable doubt in criminal prosecutions.

So we have a jury presented with a case involving an altercation with no witnesses and a defendant that apparently has significant injuries and that, along with other factors, may be enough to create reasonable doubt in the jurors minds and thus a not guilty verdict.

None of that changes the fact that Zimmerman, having a vigilante attitude, profiled Martin (whether racially or otherwise) and pursued him even after being advised not to by authorities - a chain of events set in motion by Zimmerman and controlled by him that led to the death of Trayvon Martin who was doing nothing wrong when Zimmerman set these actions into motion.

A reasonable person would conclude that, even if not criminally guilty beyond a reasonable doubt, George Zimmerman was responsible for the death of Trayvon Martin.

One would expect a very different outcome if a wrongful death claim was filed against Zimmerman where the standard of proof would not be beyond a reasonable doubt but a preponderance of the evidence.

Federal prosecution under federal civil rights law may also result in a different outcome.

The U.S. Department of Justice said Sunday it would review the Travyon Martin-George Zimmerman case to determine if it should consider prosecuting Zimmerman, who was acquitted in a Florida court in the shooting death of the unarmed black teenager.

"Experienced federal prosecutors will determine whether the evidence reveals a prosecutable violation of any of the limited federal criminal civil rights statutes within our jurisdiction, and whether federal prosecution is appropriate in accordance with the Department's policy governing successive federal prosecution following a state trial," said a statement released by the department.

As further events unfold we should all heed United States President Obama's call for calm.

City of Ottawa Kanata South (Terry Fox to West Hunt Club Road) Class Environmental Assessment Study – The NCC Role in Protecting the Greenbelt

Submission to The National Capital Commission
Richard W. Woodley
Bridlewood, Kanata, Ontario
June 21, 2013

I am providing this submission to the National Capital Commission (NCC) because I see the NCC as the Guardian of the Greenbelt while I see the City of Ottawa more as the guardian of roads and car drivers.

Information on this proposal and study is available on the City of Ottawa website here:

http://ottawa.ca/en/kanata-south-terry-fox-west-hunt-club-road-class-environmental-assessment-study

This proposal is in response to the perceived needs of Bridlewood residents for more roads to take private automobiles downtown during rush hours, the same time as the public transit system is optimized for. It relates more to a desire to use private automobiles with less inconvenience of time delays than a real need to improve transportation links downtown, which could be better done by improving public transit options.

The original proposal to solve this perceived problem was to, essentially, extend Terry Fox Drive to the 416 by extending Hope Side Road, which it connects directly to (essentially the same road with only the name changing), through the Greenbelt to the 416.

Apparently, according to the City, everybody agrees that that would be environmentally inappropriate, although I suspect the City simply realized that the NCC would not approve that so they decided they might as well jump on the environmental bandwagon.

So now we have a “compromise” proposal to widen and realign Old Richmond Road and West Hunt Club Road between Hope Side Road and the 416. While perhaps not as draconian as the original proposal for a new road through the Greenbelt, this new proposal still compromises the integrity of the Greenbelt by widening the road corridor through it and purposely increasing traffic through it and thus increasing the risk to wildlife and degrading their habitat.

And the reason it is proposed to do this is to reduce the inconvenience to Bridlewood car drivers during rush hour, the majority of whom could very effectively use the public transit system that is optimized for that time period. A much more effective solution would be to improve the public transit service to deal with any projected needs for more transportation capacity to downtown.

But this is really not about need but the desire of people to use private automobiles, many of them with only the driver in them, during rush hour.

I would urge the NCC to not rubber stamp this proposal from the City but to take their responsibility as Guardians of the Greenbelt and protectors of the wildlife and habitat within it very seriously before approving a proposal based on desire rather than need.

The NCC should also only consider the option that has the least impact on wildlife and it's habitat, the three lane, rather than four lane, proposal.

And finally I wish to draw to the attention of the NCC, although I am certain it is already aware of this, that along this route proposed for widening there are two NCC parking lots, P6 and P11 with trail systems on both sides where crossing from one side to the other is already very difficult and dangerous. If any widening of these roads is allowed the NCC must insist that it include a solution that provides safe passage between the trail systems on both sides of the roads at the locations of those parking lots.

Respectfully submitted

Richard W. Woodley

This submission is also being sent to:

Angela Taylor, P Eng. Senior Project Engineer Transportation Planning Branch Planning & Growth Management Department City of Ottawa Angela.Taylor@ottawa.ca

Valerie McGirr, P. Eng. Consultant Project Manager AECOM valerie.mcgirr@aecom.com

Ottawa City Councillor Allan Hubley Ward 23 Kanata South Allan.Hubley@ottawa.ca

This submission is also being published on my blog The Fifth Column
http://the5thc.blogspot.ca

Prince of Wales Bridge: Why Isn't This a Bikeway

(click on image to enlarge)

As early as 2005, after the rail line was discontinued and the City of Ottawa purchased the bridge for possible future public transit use the NCC proposed using the bridge as a pedestrian and cycling bridge (Wikipedia: The Ottawa Citizen. (15 November 2005), NCC plans to link Ottawa, Gatineau with new recreation paths).

Since then the bridge has sat idle, although I assume, since the city purchased it for future public transit use, it's structural integrity has been maintained.

Such a shame. All those wasted years when the cost to use it as a Bikeway, even if temporary, would be minimal and if action had been taken in 2005 we'd be getting to close to ten years of use now. But it is never too late to do the right thing.

(click on image to enlarge)

All that would be needed is for a wooden boardwalk with railings to be built over the steel rails and approaches connected from the recreational pathways that are already on both sides of the Ottawa River. The timing is ideal with the newly built O-Train Multi-User Path (MUP) following the rest of the rail line on the Ottawa side all the way to the recreational pathway along the Rideau Canal. This would make an ideal link in the region's pathway system. The minimal cost would justify the expense, even if temporary, and it could be another ten years, if ever, before the bridge is used for public transit.

It is time for our elected, and unelected, officials to find ways through the bureaucratic roadblocks and make this happen for the citizens of Ottawa and Gatineau.

(click on image to enlarge)
Photo Source

Why I Believe Rob Ford

I believe Rob Ford was telling the truth because of what he did not say.

He did not say:

I have never used crack cocaine.

And he did not say:

There is no video of me appearing to use crack cocaine because I have never been in a situation where I appeared to be using crack cocaine.

So, because of what he did not say, I believe that Rob Ford was telling the truth, very carefully.

The Rob Ford Scenarios

So what are the possible explanations for the infamous Rob Ford video. Rob Ford says it is just ridiculous, but beyond that he offers no explanation. So we are left to our own speculation. But there must be some explanation for the fact that the journalists that saw it thought that it was indeed Rob Ford, so let us look at the possible scenarios.

The Ford Nation Conspiracy Theory Scenario

Its all a conspiracy by Somali drug lords, American media, The Toronto Star, the NDP, CUPE and the Toronto Cyclists Union to discredit the man they hate the most.

The Sophisticated Video Editing Scenario

A group of low level drug dealers produced a sophisticated fake video appearing to be Rob Ford smoking crack.

The Stumbled Upon a Rob Ford Look-alike Scenario

A group of Toronto druggies just happened to know someone who looked like Rob Ford and thought it would be fun to make a spoof video and one of them had the idea to try to sell it to the media for big bucks.

The Fooling Around With His Football Team Scenario

Rob Ford was at a party with some of his beloved minority football players and thought it would be cool to pretend to be smoking crack cocaine and somebody made a video.

The It Is What It Appears To Be Scenario

Just that. That it is what it appears to be.

Mayor Jimmy Really Doesn’t Get It

The following twitter exchange exemplifies Mayor Jimmy's petty reaction to criticism.

I suppose I should be thankful I have not been blocked yet, like so many of the mayor's critics.

Jim Watson ‏@JimWatsonOttawa
Pleased to join @Eli_Ward5 and @AllanHubley_23 and Cyril Leeder at Tanger Outlet ground breaking in Kanata
pic.twitter.com/RXzKKT46gZ

Richard W. Woodley ‏@the5thColumnist
@JimWatsonOttawa @AllanHubley_23 @Eli_Ward5
paving farmland and clearcutting forests sure makes our mayor happy and proud #developersrule

Jim Watson ‏@JimWatsonOttawa
@the5thColumnist and where do you live? Oh yes, a former farmers field.

What can I take from this but the suggestion that somehow anyone who lives on what used to be farmland or wilderness has no right to oppose the inappropriate development of farmland or environmentally sensitive lands. That is a pretty neat trick to basically take away the rights of anyone who lives in a city, in this case the city of Ottawa, to oppose the development of farmland or environmental lands. After all, most cities, including Ottawa, started as rural agricultural areas and before that was wilderness.

But no, because we might live on what was once farmland or wilderness does not take away our rights to be concerned about and oppose inappropriate development.

Mayor Jimmy may want to label us as crazy environmentalists who should all live in cabins in the bush but we are not against cities and development but rather understand that boundaries need to be set, and rules need to be followed, to allow for appropriate development, and appropriate development is not defined as whatever developers want.

Does Mayor Jimmy really expect home buyers to determine what lands are developed by their purchasing choices made after the fact. Does he really think that would work. That people will not buy houses that are already built because they think they should not have been built there, knowing their decisions will not bring the farmland or wilderness back. Does he really think he can transfer the responsibility for proper decision making by the authorities who actually have power to the virtually powerless consumers of these mega corporations' housing developments.

It is the responsibility of the political authorities at the federal, provincial and municipal levels to set limits and establish priorities to protect agricultural land environmental lands. And as more land becomes developed and agricultural and environmental lands become scarcer it becomes more important to protect them. We need to strengthen, not weaken these protections. We need to be more vigilant, not less vigilant, in enforcing the rules.

Politicians, like Mayor Jimmy, need to take these responsibilities seriously and not dismiss criticism in a petty way simply because it is expressed by people who actually live in the City of Ottawa, the people they are supposed to represent.

Interregnum

Well it's been awhile, Even though I have had blog post ideas going through my bead I just have not felt like sitting down and writing lately. The Fifth Column will resume even if I am not certain exactly when.

If a Tree Falls in the Forest is it not Canadian if it Originated in Norway

I remember way back when when I was in school, not back in the days of the one room schoolhouse but back in the days of the eight classroom schoolhouse with one class for each grade when everyone walked to school, learning about maple trees and maple leaves. We learned about the Norway Maple, and that it's name came from it's origins in Norway but I do not recall learning that it was an evil illegal alien that should not be identified with anything Canadian such as our currency.

Rogers and Me Part 2: When You Have A Monopoly I Guess You Don't Have to Tell Your Customers What They Are Paying For

After my original attempts to get Rogers to answer my questions via e-mail failed I posted my questions to Google Drive (originally Google Docs) and tweeted the location to them and finally got answers via Twitter, 140 characters at a time.

That brought me to the next stage of the decision making process, which was deciding between the Digital Plus and VIP packages. So that should be easy - go to the Rogers website and see just what the differences between the two packages are. Not so easy I discovered. I expected to find a listing and description of the Basic package, and then what Digital Plus adds, and then what VIP adds. But it does not work that way. They only list the full complement of channels for each package and you have to go through them yourself to determine just what additional channels you get with the each package and then you only have a list of names. So then I went looking on the Rogers web site to find descriptions of the channels they wanted me to pay to subscribe to, without success so, I tweeted @RogersHelps again, resulting in this exchange.

Richard W. Woodley ‏@the5thColumnist @RogersHelps is there a place on your website where I can find a DESCRIPTION of all the channels in the VIP package, not just list of names

Nicolas @ Rogers ‏@RogersNicolas @the5thColumnist Hi Richard, I'm afraid we don't have a description of each channel individually.

Richard W. Woodley ‏@the5thColumnist @RogersNicolas rather astounding that you can't provide customers with a description of what you're trying to sell to them @RogersHelps

So I did my own research and made my own list which I posted to Google Drive here and I am still considering my options. But it is rather astounding that they expect people to buy a package without knowing it's contents, and more so that they can get away with it. The power of a monopoly.

The Teachers Dilemma

Nobody wants to give in to a bully. Indeed teachers teach students not to give in to bullies and teachers are expected to be role models and teach by example.

So the teachers, when the bully took away their collective bargaining rights with draconian legislation that took away their right to strike, used the only legal avenue they had to fight back against the bully and refused voluntary activities.

They knew the government had pushed them into a corner so that their only legal way of fighting back would impact students and keep them from doing things they loved to do. I am sure they were looking individually and collectively for a way to bring things back to normal for their students while still taking a stand against the bully government.

When they found another way to make a last stand against the government with minimal impact on students, Dalton McGuinty said no that is illegal, the only protests we will allow you to undertake are ones that harm your students.

So what next.