Year Five, What A Riot!

Dictionaries provide a rather cold view on what an anniversary is, simply explaining it as an event which occurred on the same date a previous year. Many a husband had found himself sleeping on the couch of one for simply having such a similar view. On the other hand, an anniversary is an opportunity to celebrate with pride the achievements of a past year and look forward to a new year filled with aspirations and confidence. After all, the past provided experience to expand, knowledge to grow and understanding to deepen, all that you do.

June broke out of the starting gates with an Ontario Provincial election. Locally in St. Catharines, the hometown of Mayorgate, incumbent Jim Bradley only had what may have been considered as comic relief for potential opposition. MPP Jim Bradley was the eventual winner for the Ontario Liberals as expected, and his opponents faded back to their pre-election routines. Former Niagara Regional Councillor Debbie Zimmerman objected to the article Degradation of Public Office which exposed the divorce filed by Mrs. Patricia McMullan. Zimmerman sued Mayorgate claiming she had been defamed and to date this issue is floating somewhere in legal limbo.

Any free society finds itself torn between the principle of privacy and the open access to information. All the provinces in Canada have Privacy Commissioners and all levels of government establish some type of privacy information officers, yet the line between what should be kept private and what information should be made freely available continues to rage. A greater problem arises when privacy officers themselves show bias, raising serious questions of objectivity as had been done in the article titled Privacy vs FOI.

July brought a bigger surprise from former St. Catharines Mayor Brian McMullan, in the form of a legal threat. Back in 2011 Brian McMullan had his lawyer Christopher Bittle of Lancaster, Brooks and Welch LLP., issue a Notice of Action. After Mayorgate's response nothing more was heard from the McMullan/Bittle tag team. Now in July 2014 Christopher Bittle of Lancaster, Brooks and Welch LLP. issued another threat in the form of a Notice of Action. Brian McMullan Opens Pandora's Box will in time become his epitaph. This time McMullan found the courage or simple arrogant stupidity to file a Statement of Claim and Mayorgate has three lawsuits on the go.

Traditional media with its political alliances has lost a great deal of trust from the public. A new world has opened with the growth of the internet and particularly with bloggers. Unlike the journalists of old who are paid by a media giant with political bias, bloggers are free from such influence. Mayorgate itself began life in opposition to the self imposed censorship which had taken absolute control in the Niagara Region. Now Mayorgate has the honour of fighting three lawsuits designed to shut down freedom of speech, to shut down discussion and to keep silent any facts which would be public interest.

Several months were spent on preparing Affidavits of Documents, Motions of Record, and traversing Examinations for Discovery relating to the lawsuit by the Board of Directors of the Paderewski Society Home. The lawyer for the plaintiffs, Rachel Slingerland of Martens Lingard LLP had tried to circumvent the Rules of Civil Procedure, particularly in relation to who would be examined during the Examination for Discovery. After weeks of ridiculous posturing Slingerland lost a Motion Hearing brought against her and the examinations were able to finally proceed. It was an interesting process which provided evidence given under oath which was invaluable.

In addition to the legal hoops which needed attention with the Paderewski action, Brian McMullan and the publisher of Mayorgate were ordered into a mandatory settlement conference for December 9^th 2014. No settlement was reached even though McMullan's demands had been somewhat reduced to a new level. Mayorgate will not shake hands with an individual who is afraid of the truth and keeps deceit as a pet on a leash.

Municipal elections were scheduled for October 2014 and in preparation, Mayorgate sought out various forms of advertising. In the end, outdoor advertising was considered most appropriate and a local company called OMG Niagara was contacted. Contracts were signed, monies paid but no advertising appeared. Gary Dingwall owned and operated OMG Niagara; he left an obscene telephone message, and later sold off OMG and disappeared. Maryorgate's cheeky monkeys were left standing by the side of the road asking, “was it something we said?”

Mayorgate's roots have always been in the Niagara area covering issues often left in the cold by local media. Over the years such topics as flooding in a neighbourhood which left damaged homes, or a double amputee who was not able to safely maneuver his wheelchair into his bathroom, had caught the attention of Mayorgate and its readers. A terrible incident which left a young 22 year old with potentially life long implications brought back this fire and set the juices boiling again.

The world we live in had not changed much since December's article Looking Forward, Looking Back. At the end of that article a brief and possibly flitting wish for a better year ahead was in reality only a dream. Paris and January 7^th brought a new horror with an explosion of violence aimed once again at innocent and defenceless victims.

Charlie Hebdo, a satirical newspaper in Paris found itself the target of Muslim extremists and twelve of its cartoonist/journalists were butchered. Terror is a weapon of cowards and its victims nearly always innocent and defenceless, people who have no chance of survival. No innocent victim of terror can be discounted as insignificant yet the world's reaction to the Paris terrorist attacks was astounding. This time governments around the world reacted with political measures that can only destroy the most treasured foundation of democracy. France tabled its Bill on Intelligence, Canada Bill 51, both claiming to strengthen the protection of its people against terrorists by reducing its own people's rights and freedoms.

The internet provided the forum that gave birth to Mayorgate, now once again it provided the vehicle which allowed Mayorgate to interview French citizens after the Charlie Hebdo terror attack. Though this is not the first time Mayorgate was able to connect directly with people at the center of a story. Previously Mayorgate spoke with Chris Palmer, an Aussie who is on the ground in Africa fighting poachers to protect our incredible and beautiful beasts. Palmer's personal comments and photos opened a different aspect to the horror of this slaughter and a war we appear to be losing. This time comments from French residents who lived through such a tumultuous period in Paris brought a different perspective to news headlines.

Mayorgate will continue to provide articles that spawn thought and discussion. No legal threat with SLAPP suits will succeed to silence the freedom of speech, even though the cheeky monkeys of Mayorgate had to draw out the riot shields for protection. 

Charlie Hebdo's Aftermath

The world woke to a new horror at the hands of terrorists on January 7^th 2015. Warriors of Muhammad, with their faces covered and wielding automatic weapons, stormed the offices of a satirical newspaper, Charlie Hebdo, in Paris. These Warriors of Muhammad slaughtered 12 innocent people, journalists who poked fun at everyone, not only Muslims and their fanatical doctrines. No one escaped the cartoonists at Charlie Hebdo, no religion or politician. Its circulation was a mere 30,000 which in itself was a demonstrator that the mainstream audience rejected Charlie Hebdo's sense of humour. Still, it is the basic foundation of a free society to permit freedom of speech and expression even when it is against the general flow of acceptance.

Terrorists often claim that their acts are justified as they stand against an enemy wielding greater power. Yet the taking of innocent lives is never justified, regardless of what the struggle may be. In Paris there was no formidable enemy; only journalists and cartoonists. If any weapon was to be claimed to have been wielded it was a pencil.

Innocent blood was spilled in the name of a religion that sees no need for tolerance or acceptance of others. No justification can exist for such an act, not even among moderate Muslims. This barbarous act of terror brought about an outcry of revulsion from around the globe, as politicians joined hands to walk the streets of Paris and journalists everywhere declared that they will not be silenced by the threat of terror. Survivors at Charlie Hebdo declared that they were preparing their next issue in defiance and in honour of their comrades who had been taken from them.

As human beings we raise our voices in the face of a tragic or particularly violent act, as much in gratitude that we were not the victims as in defiance to the terror. In Paris, the terrorists attacked a symbol of free speech; the victims were not villagers in Africa, they were journalists. At the time of the event it did not matter whether anyone agreed with the style of journalism at Charlie Hebdo, the simple fact that journalists were mercilessly butchered meant our combined freedoms were attacked.

Hundreds of thousands, even millions of people in Paris and around the world gathered to raise signs declaring that they were all 'Charlie'. A gathering of international political figures willing to hold hands and walk the streets of Paris in apparent support of journalistic freedom became headline news in every corner of the globe. But what was the real motivation behind such a public showing of detente between these world leaders?

Journalists have faced bullets and artillery fire lighting the night skies to bring stories and photographs that have stayed in our memories for generations. In recent years it has not been war that has extinguished such endevours: it has been the need to silence truth and fact. Torture, threat and coercion have been tools to both terrorise and control journalistic freedom. In North America, the use of SLAPP suits, Strategic Lawsuit(s) Against Public Participation, have taken the place of guns and torture. America itself woke up to reports of journalists being threatened by police officers during coverage of the racial tension in Ferguson, Missouri.

Regardless of which single or combination of acts aimed to silence free speech one was to examine, none had brought such an outpouring of public sentiment. Charlie Hebdo was never a part of the mainstream media; co-founder Henri Roussel had criticised the direction it had taken and in turn was condemned by Richard Malka, Charlie Hebdo's lawyer. Still, the massacre of these twelve cartoonists and journalists brought Parisians together. It brought a promise from France's Prime Minister Manuel Valls that the fight against terrorism and jihadism shall be a long battle.

The attack on the staff of Charlie Hebdo was France's equivalent of the bombing of New York's World Trade Center. Granted, the scale and number of innocent casualties were not the same, but the shock on a nation was equal.

It had been possible to get direct reaction from French citizens through social media. Cherif Bouargue, living in Le Havre, Normandy, explained how the people of France were affected by January 7^th, “for the beginning sorry for my english. You first have to know what kind of newspaper was Charlie Hebdo. It was very satiric and a few people read it. The illustrators were really talented. The 7^th January sound like a storm, it was so unbelievable it look so like a movie. I'm living at Le Havre in Normandie. Its about 200km from Paris. I went to the Place de la Republique in Paris on the 7 January. I meet two friend of mine. The people were like a boxer which is near the KO, but everybody was taking strength from his neighbour. “Je Suis Charlie” was an obvious fact even for people who had never read it.”

Amelie Dufaut, an artist from La Rochelle, France, said “my friends called me in the morning to tell me, I was like shocked. I think there is no word to describe what I felt on the moment, I was touched and feeling attacked in my liberty cause those were great and smart guys who got killed for “no” real reasons!” Amelie went on to say, “when I got back to France, one week after the event, there were still some kind of unity between people but it is terrible to say but it faded away days after days. Now back to normal, like really normal, no difference with before the events kinda sad!”

French men and women had survived the shock and terror of January 7^th and continued on with their daily routines. Family and friends of the innocent victims of this terror will grieve much longer and carry the pain of their loss forever. Charlie Hebdo as a publication had gone from an obscure satirical newspaper to a print run in the millions and awards bestowed for its 'courage'. Yet France will never be the same after these events.

Article 1 of the French National Assembly states, “France shall be an indivisible, secular Democratic and Social Republic. It shall assure the equality of all citizens before the law, without distinction of origin, race or religion. It shall respect all beliefs.” Since the events of January 7^th, the French government has tabled the Bill on Intelligence, a bill that gives intelligence agencies new and frightening powers.

Edward Snowden, who leaked to the world how America had spied not only on its own citizens but that of the whole world, once said “It's in times of panic that we lose rights.” In America the World Trade Center bombing brought massive hysteria across the country. Within this climate of fear came aberrations with the Patriot Act, Homeland Security and Guantanamo Bay. The Central Intelligence Agency (CIA) found that it was not only Edward Snowden who was an enemy, but also truth itself with the release of a report on the methods of torture employed by the CIA at Guantanamo Bay.

'Truth Seekers' in the name of freedom and for the purpose of protecting the American way of life, dehumanised individuals in the most barbaric and horrendous fashion. Dick Cheney, former Vice President of the United States, publicly said that he would do it all over again and even more. This report describing the actions of the CIA found public airing and comment, but quickly died. None of the individuals who committed the torture would ever face any consequence while the American public are more interested in the economy and baseball. After the release of the torture report, Ines Pohl, editor-in-chief of the often satirical German newspaper Die Tageszeitug said, “This report is the proof of how a country can be misled when it becomes ruled by fear.” (CommonDreams.org by Lauren McCauley, January 14^th, 2015 'Days After Free Speech Rally France Arrests 54 People for Offensive Speech')

French Prime Minister Valls claimed that “this is not a French Patriot Act.” Under this new law, surveillance will be the jurisdiction of the administration without a judge's approval. The Bill on Intelligence will also provide previously unheard of power to the Prime Minister to authorise any form of monitoring without judicial oversight. Mass surveillance is no longer a fictional bogeyman, the 'ISMI Catcher' spy devices will be permitted to be used in so-called 'exceptional cases'. These devices are able to blanket a specific area and capture all types of phone, internet or text messaging conversations. In addition to the surveillance, spy agencies will be permitted by this bill to hack computers and other devices, again without any judicial control.

Human Rights organisations such as Privacy International, Amnesty International, the International Federation of Human Rights, the League of Human Rights, and Reporters Without Borders have expressed serious concerns about this Bill on Intelligence. Only a few months after the huge Unity March, people gathered in protest in the streets of Paris, displaying their fears of losing their rights to freedom and privacy. France now faces the greatest threat to its freedom and democracy but it's not from terrorists.

America established the Patriot Act after the 911 bombings, resulting in the CIA torture camps and a new rationale in its government which permits anything as long as it's in the name of security. Canada has also decided to follow as a dance partner in this conga line pulsating to a beat of security in the face of world terrorism. Canadian Prime Minister Stephen Harper had introduced Bill C-51, or the Anti-Terrorism Act 2015, a “proposed legislation to amend over a dozen Canadian laws, including the Criminal Code, to permit Canadian government agencies to share information about individuals with ease, and broadens the mandate of the Canadian Security Intelligence Service (CSIS).” (Wikipedia – Bill C-51 41^st Canadian Parliament, 2^nd Session)

In Canada there was nothing equivalent to the horror of the World Trade Center bombing, nor was there anything like the events surrounding Charlie Hebdo. There is a statement by Defense Minister Jason Kenney, “I think it's obvious that the attacks in October were at least inspired by the insane vision of ISIS... a genocidal terrorist organization that has explicitly, and on several occasions, said that it's targeting Canada.” The first attack Kenney referred to was on October 20^th 2014. Martin Couture-Rouleau deliberately rammed a car at two Canadian soldiers at a shopping mall in St-Jean-sur-Richelieu, Quebec. On October 22^nd 2014 a shooting at Parliament Hill in Ottawa, Ontario by Michael Lehaf-Bibeau left a Canadian soldier dead as well as the suspect. In addition, the RCMP had claimed that between 2013 and 2014 there were 12 “threat-to-VIP” incidents, yet the RCMP had not provided any details as to what kind of threats or who were these 'very important people.'

After all the debates and even demonstrations against Bill C-51, it is the British Columbia Civil Liberties Association's (BCCLA) condensed analysis that puts the whole thing into perspective. The BCCLA provided 8 clear and simple points which break down the over 60 pages of the Anti-Terrorism Act. They are as follows:

1. Bill C-51 drastically expands the definition of 'security'.

2. It gives the government too much discretion to pick and choose which individuals and groups to target for further scrutiny.

3. It criminalises speech acts that have no connection to acts of violence.

4. It will severely chill freedom of speech.

5. Canada's no-fly list would become a secret list compiled with secret evidence, only reviewable through court proceedings that may also be secret.

6. It will allow government institutions like Health Canada and the Canadian Revenue Agency to share information about you with the RCMP.

7. Canada already has a troubling regime of preventative arrest and detention; Bill C-51 proposes to make it even worse.

8. It would give CSIS the power to act like a police force, while still allowing it to operate secretly as an intelligence gathering service.

(posted on March 11, 2015. By Alyssa Stryker, BCCLA Caseworker, and Carmen Cheung, BCCLA Senior Counsel)

Protests against Bill C-51 had been wide ranging with 100 law professors who had written against it. Thomas Mulcair, leader of the federal NDP Party said, “Canadians should not have to choose between security and their rights.” Elizabeth May of the Green Party of Canada stated that she had “a number of concerns with the proposed legislation” and wants it “scrapped entirely.” In addition, four former Prime Ministers; Jean Chretien, Paul Martin, Joe Clark and John Turner, had published a joint statement that in part said “serious human rights abuses can occur in the name of maintaining national security.” Others who signed the statement were five former Supreme Court Justices, seven former Liberal Solicitor Generals and Ministers of Justice.

Justin Trudeau, leader of the Liberal Party of Canada, said on February 14^th , 2015, “It was only a few months ago that I stood in this very room to address Canadians in the wake of the shootings here on Parliament Hill. The horrific events in Saint-Jean-sur-Richelieu and Ottawa will not soon be forgotten, nor should they be. They were cowardly acts, unarmed men were murdered in cold blood at close range. These attacks on both our military and our most cherished democratic symbols were designed to frighten us. They were meant to embed within our minds an image of terror. They were meant to make us think differently about our surroundings and fellow citizens.”

Whether it was the horror of the World Trade Center bombings in New York, the attack on Charlie Hebdo in Paris, or a lone, home-grown, mentally disturbed individual in Canada, freedom had taken one step closer each time to George Orwell's vision. Fear had become the rule of law, with supposed security as the main criteria over democracy. Rhetoric like that of Justin Trudeau is meant to perpetuate fear when only inspiration can be pointed to, rather than any concrete evidence.

German magazine Der Spiegel published an article by journalist Christoph Reuter on the apparent secret blueprint hidden within the actions of the Islamic State. The Haji Bakr documents were given to Der Spiegel by an individual wishing to stay anonymous, fearing the Islamic State's death squads. Amongst all this fear and reaction from western nations to the terrorist threat, a nagging question begs to be acknowledged. Is it possible that a master plan exists which uses Islamic fanatics to keep the western powers occupied while a more sinister and dangerous scenario unfolds?

Both Der Spiegel's article and another on Vox raise serious questions on just how much do our analysts and government leaders really understand or know about what could be the real threat to our freedom and security. Are our governments more interested in Patriot Acts, Bills on Intelligence and Anti-Terrorism Acts for their own reasons and blindly ignoring 'the bigger picture?' Our world began to change after September 11^th, and Charlie added to the hysteria. We should not allow the memory of all these innocent victims of terror to become soiled for political machinations.

Turning back to the statement by Cherif Bouargue of Le Havre, Normandy, “The way is that the government is making a sort of 'French Patriot Act' but we don't know really what's inside the law. Everything is sinking on a big wave of informations and desinformations. From a long time people are not interested by this, we are feed with stupidities on TV and now it's more important to know the name of the last bimbo on a reality show than knowing how they are going to take your data. I'm sad of that! Has said Benjamin Franklin; “Those who abandon an essential freedom for a small and temporary safety do not deserve either the freedom or the safety.” So that's what will happen us. The way they want to fight this problem is not the good for me.”

St. Catharines Transit – Safe or Something Else?

Governments all over North America look to encourage greater use of their public transit systems. There are many motivators for the ease of letting someone else do the driving. In large cities, parking is no simple task and its cost not on the low side. Congestion on the roads and highways drives even a meek and mild individual towards road rage. Environmentally we just simply need to look at the statistics for air quality, the number of days warnings are posted relating to potential negative effects of breathing the heavy air, and gasp.

In Canada owning a car is as important to many as having a roof over their heads. Still, in large cities like Toronto, Vancouver and Montreal, the public transit systems are extensive with buses, street cars and trains. St. Catharines, Ontario is a smaller town with a population of approximately 132,000. Public transit came to St. Catharines on November 1^st 1879, and has grown alongside the city.

Since 2013 there are some 20 bus routes, with an operating budget totaling $8,985,384 as of 2014. The St. Catharines Transit Commission's mission statement clearly states, “Our purpose is to provide a safe, courteous and reliable transit service which responds to the needs of our community.” Buses in St. Catharines are equipped with mechanical ramps to assist handicapped passengers with easy access for wheelchairs or scooters. Security cameras are located just above the driver and to his or her right. One is directed to the front door entry; the second down the length of the bus. A third camera is located at the rear and directed at the back door exit.

Safety is an issue that is of great importance both to the St. Catharines Transit Commission (SCTC) and the public. For such reasons a yellow line is clearly marked on the floor of the bus just past and behind the driver's seat. According to the SCTC riding tips website, “When a bus is full of passengers it is important for everyone's safety that passengers do not stand ahead of the yellow line. This will allow the Transit Operator to have a clear view of their surroundings.” Even common sense would make anyone understand that carrying a conversation with a driver immediately reduces response capability in case of an emergency. On newer buses there is a large black and white sign just above the driver and to the right which says, “For passenger safety Federal Law prohibits operation of the bus while anyone is standing forward of the yellow line,” if anyone is standing past that yellow line, one gets the drift there.

A Federal notice warning on a safety issue is placed in a position where it is obscured from full view on bus #9986.

Bus drivers in St. Catharines are considered Professional Bus Operators with knowledge of the rules and regulations that govern safety. Each of these drivers are paid very well and are responsible for the safety of every passenger on the bus, every passenger leaving the bus, and every passenger attempting to board the bus. It is irrelevant whether the passenger has any form of disability or not, that responsibility remains the same. For that reason the St. Catharines Transit Commission was one of the many respondents in the discussion paper “accessible transit services, Ontario,” conducted by the Ontario Human Rights Commission. Point 3.4.4, Integration of Conventional Transit Services, states “Typically, transit service providers developed accessibility initiatives in consultation with community organizations and users. Survey respondents reported on using a variety of combinations of the following strategies.” One of the strategies was number 5: “Improved barrier removal at bus stops, such as snow removal.”

In addition to taking part in the discussion paper conducted by the Ontario Human Rights Commission, the SCTC would find itself under the jurisdiction of the National Occupational Standards for Professional Bus Operators. These standards are developed by the Motor Carrier Passenger Council of Canada in partnership with Human Resources Development Canada (funded in part by the Government of Canada's Sector Council Program). There are many topics dissected and examined, from driver stress issues to the basic starting of an engine. It is Block B Vehicle Operations that is of particular interest.

Task 5 in Block B follows 'Safe Boarding and Exiting Procedures' with a context statement; “Professional Bus Operators pick up and drop off passengers. Some do this constantly, others less often, but all must ensure that their passengers board and exit safely. This includes: enforcing safe boarding and exiting procedures and ensuring all passengers are on board and secure before departing from the stop.”

This section then breaks up into a 'sub-task' format with 5.01 being “pulls into stop” then 5.01.04 “ability to recognise potential hazards.” Now 5.02: “ensures all door areas are clear” with 5.02.04 “ability to check stairwell for snow and debris build-up.” Then finally sub-task 5.06 “monitors stop areas” and followed by 5.06.02, “ability to constantly monitor stop area for changing conditions.” The position and role of a Professional Bus Operator has responsibilities, accepts no excuses and carries a monetary package that is comfortable and secure. Professional Bus Operators also have the power to impact an individual, a total stranger, for life.

An incident on March 8^th 2015 proved this last comment to a frightening reality. A young woman would catch the first bus on Route 11 a little after 6:00 am. During the winter months she would stand there with a small flashlight in hand, waving it so the driver could not claim to miss her. On this one morning her life had been changed forever through the indifference of a 'Professional' Bus Operator of the St. Catharines Transit Commission.

February was a particularly bad month with record low temperatures and heavy snow falls. The bus stop on Glendale Avene just past Bessey Street, had a wall of ice standing some two feet high. This ice was built up from the City snowplough cleaning the sidewalk and the larger ones that clean the roads. Attached to the wall of ice was a sheet of ice several inches thick.

On the morning of March 8^th 2015, the number 11 bus was pulled up alongside the ice. Less than a foot from the sheet of ice was a clean and clear driveway. The young woman at first made an attempt to go on top of the ice to get onto the bus. It was too dangerous so she stepped back down to the sidewalk. She then tried to get around the wall of ice. She asked the driver to move the bus forward. The driver ignored her. As she tried to reach for the yellow handle on the door, she fell. In that one moment a 22 year old's life was changed forever.

This young woman collapsed onto the platform of the bus. Her ankle was completely shattered. Her ankle bone protruding through to the right. In agony she sat on the platform of the bus waiting for the EMS to arrive.

The Mayor's Advisory Committee on Accessibility (MACOA) has an Accessibility Plan for the City of St. Catharines 2013 – 2015. That Accessibility Plan at Appendix B, page 36 under sub-heading titled 'Barriers to Access at St. Catharines Transit' states for Shelters and Stops: “Approaches; clearing snow and ice from major bus stops and shelters is undertaken, however this cannot be accomplished instantaneously.” It also delves into issues relating to the handicapped and the measures the city plans to take in providing accessibility to government services.

Whether one reads all the points from the Ontario Human Rights Commission's discussion paper or the National Occupational Standards for Professional Bus Operators, on that morning it was all a farce. The MACOA can play whatever game they like, the snow and ice had never been cleaned on the Glendale route, nor for that matter anywhere else in Merritton or Secord Woods etc. At this bus stop where the young woman fell, a handicapped blind individual regularly catches the bus. Many regular drivers on Route 11 know his name, where does that leave the MACOA? Aside from the farcical reality of the Accessibility Plan, not 60 feet from this bus stop a senior has City crews clean her sidewalk and driveway. Somewhat difficult for City to hide behind the usual excuse of ignorance.

On March 11^th a letter had been delivered to Mayor Walter Sendzik. Details of the situation had been provided. Mayor Sendzik did not see the need to even make a phony attempt to console the family. Mayor Walter Sendzik ignored the young woman and her family, he simply handed the letter over to the City Solicitor's office. After all there is no election and a 22 year old is not as important as some land development or sports event.

Surgery was completed some four days after the fall. Nine screws had to be placed on one side and two pins on the other. The surgeon made it clear that osteoarthritis would set in before this woman reaches her 30^th birthday. Potential back and hip complications could require further surgery in her 40s. In the meantime she is unable to work for months, adding immense financial stress on her and her family. Lawyers in injury law ask one major question; could this have been prevented? In this case the answer is a resounding yes!

The St. Catharines Transit Commission and the City Insurers are going to try and depict bus drivers as diligent and caring individuals. They will claim passenger safety is their major concern and that they abide by all professional standards. Here I will take your attention back to the St. Catharines Transit Commission's own website and the issue of safety and the yellow line. Now take a look at this photo!

This driver has his wife or girlfriend stand up almost next to him each and every time she is on the bus. On the day this photo was taken the driver's face and that of his friend was kept out but they can be identified. It was on route 11 and the photo taken on March 19^th 2015 at 10:44 am. The bus was on route to downtown and the bus stop which the photographer entered the bus was at Merritt Street and Glendale Ave. Surprisingly it was one of the newest buses and above their heads was the federal regulation. Maybe the St. Catharines Transit Commission will find a few extra bucks and ensure that all their buses display this sign. On the other hand it would be a waste of public money as this is not the only driver who happily breaks the regulations, and this is not the only woman who stands and talks to the driver non-stop.

The incident that happened on March 8^th was absolutely preventable. A 22 year old's life will now change forever. All the discussion papers, mayor's advisory committees and government agencies are worthless. In fact Mayor Walter Sendzik displayed no care whatsoever. Insurers for the City of St. Catharines have already began to play out their game, or at least an attempt was made. Security cameras on the bus will clearly show where the door was opened and the indifference of a driver to any and all regulations relating to safety.

This driver carries on a running conversation with a passenger.

Look at the rear view mirror of the bus (zoom in for detailed view) and where the driver is looking!

For now this young woman and her family need to concern themselves with recovery and adjusting to a different life. The Transit Commission and the City will try to plan a defense that might sound plausible. Yet this is also a time to stop the hypocrisy and act in a responsible manner. This hell cannot be permitted to happen again. Drivers must face the consequences of their actions when they ignore the regulations. It is public money that keeps any transit authority operational, whether through government grants or paid fairs. The public has the right to demand a service that is both efficient and safe.

Looking Forward, Looking Back

December brings with it many different celebrations and the most universal of all is New Year's Eve. Regardless of what corner of the world one comes from, the anticipation of the dawn of a new year brings joy and celebration.

Across the globe and in so many languages the anthem for the new year is sung. In Times Square, New York tens of thousands gather to count down the dropping ball. In Sydney, Australia fireworks begin to light the night skies, elaborate and beautiful. The world comes together in a celebration which transcends language, custom, race and nationality for the same purpose.

Messages of hope for the future stream across the airwaves from leaders of countries and faiths. Privately many make their resolutions that are unlikely to be kept. Regardless, most look back on the passing year and look forward to the virginal new days with some degree of hope. In the end each of us holds the steering wheel of destiny for our own future.

As we look at the year that has passed each individual will find some event which had left a scar that they would not want to repeat. For most it is a time to look forward, believing that the future holds greater promise. Yet we cannot deny that our past impacts our future, and although the path or direction is not preset by the past, its journey becomes more laborious.

Collectively, humanity has achieved immense progress. It has shown that maturity and knowledge are keys to developing a future with optimism. For all of us, whether as individuals or as nations, our past is a foundation on which to build on. There have been massive strides forward in science, technology and medicine. We have come to a realisation that we must nurture our planet, its air, soil and waters for a sustainable future for the coming generations. Even the way we govern our communities has led to an exchange of ideas and thoughts without fear of persecution and reprisal.

Still, humanity's most basic trait has not been subdued and violence has torn us apart. Looking back at 2014 one is left with a chilling view; not one of hope but of despair. The roll call of violence in 2014 touches every continent and scars every month of the year.

It is not possible to start with one incident as a spark which set humanity on fire. Decades of hate and atrocities between Israel and Palestine exploded again after nine months of peace talks that broke down in April. After the breakdown, the world saw a new horror in this ugly war where teenagers became the targets and pawns for death merchants. The first were two Palestinian teenagers killed in the West Bank on May 15^th, then followed by three Israeli teenagers abducted and killed on June 12^th, and a reprisal by Israelis on July 2^nd as a Palestinian teenager was abducted and burned to death. Finally July 8^th saw Israel launch a military campaign against Hamas; the war lasted 50 days and killed more than 2100 Palestinians against 72 Israeli. Most of the Palestinians were civilians.

Across the globe Russia's Vladimir Putin decided that peace and prosperity should be remnants of the past with the annexation of Crimea and military intervention in eastern Ukraine. International law meant little to Putin and his actions brought condemnation from around the world and eventually serious economic sanctions which have crippled Russia's economy.

Africa has had its share of violence struggling with poverty, hunger and political unrest for decades. This time it was Nigeria that woke to the sound of gunfire and screams of pain. A new demon rose by the name of Boko Haram, wishing to install its own vision of prosperity without education, based solely in fear and a rebirth of the dark ages. Boko Haram stands by a belief that girls should not attend schools and that boys should only be given an Islamic education. With that insanity in mind their terror campaign led to the abduction of some 275 school girls in Chibok, Nigeria, of which 219 are still missing. Following this attack, in April a suicide bomber believed to be part of the terrorist group Boko Haram killed 46 students in Potiskum, Nigeria.

Islamic terrorists found themselves at the forefront of news reports again in Peshwar, Pakistan later in the year. This time it was Pakistani Taliban murderers who attacked a school, killing 132 children and 9 staff, making this the bloodiest school siege worldwide in nearly a decade.

Religion has been used by humanity as a banner behind which monstrous atrocities had been committed for centuries. Whether in the hands of Christians waving the symbol of the red cross throughout the Crusades, or the Jews singing the chorus of “never again” as their tanks and rockets level houses, tearing apart innocent civilian flesh, all in the name of faith. Today our headlines are too often faced with followers of Islam who seem to think that the butchery of innocents truly is the yellow brick road to their salvation.

Was it the dream of eternal salvation that drove Man Haron Manis in Sydney, Australia, or simply an insane nightmare? This was a man who had committed a number of crimes yet found himself still with the luxury of freedom as he took hostages in the Lindt Cafe. In the end his life was ended by police, and two innocent human beings who had not known him or his religion paid with their lives. Their family and friends left with anguish and pain in a world gone mad.

The Islamic States of Iraq and Syria found that Al Qaeda was to give birth to a new madness under the title of ISIS. ISIS found world attention with the kidnapping of journalist James Foley and his public execution on television. More kidnappings and beheadings of innocent civilians brought recognition to this group of terrorists by the CIA and a world united to its eradication.

Politics and economics have followed religion as great motivators of the human spirit. In the past we have seen revolutions in France and Russia, the rise of madman Adolf Hitler and the longevity of an equal in Josef Stalin. In April, Venezuela found its people taking to the streets in protest to a broken economy, an uncontrolled crime rate and political repression. Violence spilled across the Venezuelan capital with the country's leader ordering arrests and torture.

Torture as a tool of terrorists has been refined over the ages to a fine art. In the US, a country seen by the world over as a leader in democracy and equality, the Senate Intelligence Committee released its report on the CIA's use of brutal torture of detainees in Guantanamo Bay. Hundreds of pages detailing man's inhumanity to man had been made public. At the end of it all the most chilling response came from Dick Cheney, the former Vice President under George Bush Jr. In interviews Cheney said, “All the techniques that were authorised by the president were in effect, blessed by the Justice Department.” Here the mere title of Justice Department can only be seen as an abomination of language, especially as Cheney continued with, “we were very careful to stop short of torture.” Rectal feeding was not considered as torture by former US Vice President Dick Cheney, and when he said “I'd do it again in a minute” he brought the world to a momentary standstill.

America not only picked up the baton of the ancient crusaders singing a chorus of “never again,” it also found world attention in its torture of the American soul. Ferguson, Missouri on August 9^th became a centre of repression of freedom and a right to life, with the shooting of Michael Brown by a white police officer.

Long ago the words of Martin Luther King reached out to all who believe in a basic concept of equality in humanity. Martin Luther King had a dream where an individual was to be judged upon his or her attributes, not the colour of their skin. Sadly this dream has been turned into a nightmare with continuing racial hatred that time and time again explodes into public attention as with the shooting of Michael Brown and the death of Eric Garner in New York.

Race was not an issue, nor was political unrest, when reservist Corp. Nathan Cirillo's life came to an end at the hands of a madman. Corp. Cirillo stood honourary guard at the National War Memorial in Ottawa, Canada; a single father with dreams for his future. Just another innocent caught in the sights of madness that had gripped the front pages across the world.

Humanity's propensity for violence has provided disturbing headlines month after month, and little else. There are those like Valerie Amos, Under-Secretary-General for Humanitarian Affairs and Emergency Relief Coordinator, at the United Nation's Central Emergency Response Fund (CERF), who comes to the aid of hundreds of thousands of victims displaced by war and natural disasters. Valerie Amos said in CERF's annual report, “In my four years as Emergency Relief Coordinator, I have seen the impact that CERF funding has had for some of the world's most vulnerable people from Sudan to Mali, from Afghanistan to Haiti.” CERF throughout 2014 have allocated and used $450 million US dollars in 44 countries. Relief such as that offered by CERF is important but it always comes after an event. Our very future rests not on scientific discovery or conservation of the world's resources, it depends on change. Yet how do we achieve this change when our very history is built on violent struggle?

The most chilling statement came from Pro-life Congressman Steve Stockman of the Republican Party when he said, “If babies had guns they wouldn't be aborted.” Our babies in fact are being weaned on the acceptance of violence, believing that events in Africa, Palestine or Ukraine do not impact their lives.

It is time to celebrate. It is time to look towards the dawn of a new year. Each of us has our dreams and goals which cannot be forgotten or put aside through pessimistic lament. True 2014 has not been the best of years but humanity has survived a great deal and together we can find a way forward.

Happy New Year to all!

OMG

What is the purpose of advertising? The answer is quite simple in fact. “It is a form of marketing communication used to encourage, persuade, or manipulate an audience (viewers, readers or listeners) to take or continue to take some action.” (Wikipedia, Advertising). Spending on advertising was estimated in 2010 to be $467 billion worldwide, and internationally there are four giant conglomerates: Interpublic, Omnicom, Publicis and WPP.

Even in a bad economy advertising does not slow, in fact some in businesses believe that promoting or communicating their product or service is of a far greater necessity when money is tight. In Latin, ad vertere means “to turn around”; in any enterprise it is a tool to grab a share of an available market and audience.

Advertising messages are usually paid for by sponsors carried via various old media such as newspapers, magazines, television and radio advertisement, outdoor advertising or direct mail. In our ever changing and developing world we have new and somewhat exciting media opening up such as blogs, websites or text messages, Facebook and Twitter. As media forms are constantly expanding and changing, so are its clients. It is no longer only a need for businesses who provide a product to a market but today those clients span the full realm of society.

Regardless of who is the client or the type of media used, one basic commonality and link to the very early days of this massive industry's growth remains unchanged. Walter D. Scott, a psychologist of the early 20^th century, said “Man has been called the reasoning animal but he could with greater truthfulness be called the creature of suggestion. He is reasonable, but he is to a greater extent suggestible.” Psychology is still the major influencing factor in a good advertising campaign.

Partnered equally with psychology is taste. As tastes change so do advertising campaigns. Another giant of the advertising business, one who has been called “the father of modern advertising,” was Thomas J. Barratt from London. Barratt was working for the Pears Soap company and in 1907 had stated, “tastes change, fashions change, and the advertiser has to change with them. An idea that was effective a generation ago would fall flat, stale and unprofitable if presented to the public today. Not that the idea of today is always better than the older idea, but it is different – it hits the present taste.” (Wikipedia, Advertising).

Whether it is the ever changing tastes of a marketplace or understanding the basics of psychology the purpose of advertising has always been a simple one. Whoever the client is, big or small, providing a product or a service, and whatever media is chosen, newspaper, outdoor advertising or internet, the purpose is to deliver the proper message that the service or product is the best. In a world where competition can be fierce depending on the chosen field of endeavour, advertising is a tool which can provide growth and profit.

In Canada advertising as an industry is self-regulated through the Canadian Code of Advertising Standards which is administered by Advertising Standards Canada (ASC). This Code of Advertising Standards is broken into 14 specific clauses beginning with number one 'Accuracy and Clarity,' through to number fourteen 'Unacceptable Depictions and Portrayals'. The bottom line is simple, if any advertising does not comply with the Code's fourteen clauses it will be removed from public access or view.

Canada also has a Charter of Rights and Freedoms which are outlined under its first clause, “The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in its subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.” Clause 2 states, “Everyone has the following fundamental freedoms,” particularly of relevance is 2(b) “freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.”

At this point a serious and frightening question arises. If the Canadian Code of Advertising Standards is to be accepted as the “prescribed” law in advertising and that “prescribed” law has not been breached, and if the Canadian Charter of Rights and Freedoms guarantees the fundamental freedom of the press and other media communication under its clause 2(b). What then motivates a provider of advertising space to breach signed contracts and refuse to publicly display an advertisement other than illegal censorship and breach of contract law?

Contracts are legally binding agreements between two parties. There are terms which both parties equally agree upon relating to costs, timelines specific to the provision of services or goods, and termination conditions relevant to the individual contract signed. Once a contract is signed and monies paid each party are equally bound by the conditions set out in the contract. Breach of any of the conditions agreed upon will, in most cases, result in costly legal action.

As a website providing news and information Mayorgate has grown to being read in over 30 countries outside the US and Canada, and a readership numbering well over half a million. Locally it was time to invest in advertising to promote the name and what Mayorgate attempts to achieve. Outdoor advertising was chosen as the most appropriate form of promoting the name and at the time most cost effective.

OMG Niagara of Cushman Road in St. Catharines was contacted. This company sells space on large waste and recycling bins that are located throughout the city on well travelled streets, at busy intersections, shopping malls and downtown. It is a relatively new avenue for advertising and one that provides great potential. After several phone calls with a representative of OMG Niagara, Scott Davidson, two contracts were signed. The first was dated August 19^th 2014 and the second August 21^st 2014. All monies requested were paid and a request made by Scott Davidson for artwork to be sent in PDF form to omgniagara@hotmail.com complied with.

After the first artwork was sent in, a phone call was received from Scott Davidson requesting some changes. The artwork was revised and sent in again to the attention of Gary Dingwall at OMG Niagara. What was designed was straightforward, simple and aimed at the promotion of the website and its name.

Artwork submitted to Gary Dingwall.

Several days after the revised artwork was sent in a phone message was received from Gary Dingwall of OMG. As one listens to the voice and the words both shock and revulsion are immediate responses. Immediately a previous incident comes to mind involving a potential mayoral candidate in the most recent municipal elections, Adam Arsenault. Arsenault had been threatened by former Mayor Brian McMullan to remove his tweet linking to the Mayorgate website. Mr. Dingwall of OMG makes it rather clear he has fear of reprisals by the City against his company. Can anything like that be possible today in Canada? Can anything like this be permitted today in Canada?

OMG Niagara has been doing business in the Niagara Region for over a decade. Documents have been obtained from the Community Services Committee of the City of Niagara Falls dated February 3^rd 2003, recommending a transfer of an agreement from Olifas Marketing Group Inc. to OMG Niagara. Originally an agreement had been approved by the City of Niagara Falls for Olifas Marketing Group Inc. to install Info Boxes and Info Bars on City road allowances. This agreement was approved in May 1998, and in May of 2002 and the City was approached by Mr. Gary Dingwall “indicating that the franchise for the installation of Info Bars and Info Boxes was transferred to Mr. Dingwall, operating as OMG Niagara by Olifas Marketing Group Inc.”

Olifas Marketing Group Inc. was founded by Salvatore Oliveti with Loredana Oliveti and Giancarlo Serpe named as officers of the company. OMG found itself in front of public attention when Montreal crime figure Vito Rizzuto had been arrested for impaired driving whilst driving a vehicle owned by OMG.

Vito Rizzuto had to have been one of the most well know Mob bosses in Canada. Unlike many others who hide behind a facade of legitimate business and the safety of political connections, Rizzuto was the epitome of a movie mobster. He served jail time in Colorado for his role in the death of three Bonanno crime family captains. Rizzuto died in 2013 in a Montreal hospital after apparent health complications; no autopsy was conducted.

Meanwhile back at OMG, Salvatore Oliveti, who was one of seven Ontario men named by Italian authorities in Mafia connections, claimed that he had no idea of Rizzuto's connection to his OMG. According to one of his lawyers, Symon Zucker, “No one knew (Rizzuto) had an interest in it.” (Client not mobster, lawyer says, Rob Lamberti, Toronto Sun, December 18, 2010). Yet further investigation shows that Vito Rizzuto's wife and children made $1.6 million from the sale of 8,750 shares in Olifas Marketing Group Inc. (OMG).

OMG in the end was sold to a Mexican outdoor advertising company Eumex. A Toronto City staff report dated December 12^th 2003 advises the Works Committee and Council of the change in control and name change for Olifas Marketing Group Inc. The report states that OMG had been renamed Urban Equipment of Canada Inc. (EUCAN). Documents obtained from the City of Niagara Falls confirm that Olifas Marketing Group Inc. transferred the local franchise to Gary Dingwall operating as OMG Niagara.

It doesn't matter what happened to Salvatore Oliveti or his Olifas Marketing Group Inc.; its sale and renaming is simply a paper trail. Here in Niagara it is OMG Niagara, and it is still operating under that name. All business is administered by contract and therefore governed by contract legislation. Advertising that is placed by OMG Niagara must pass the basic guidelines of The Canadian Code of Advertising Standards. So now the question that demands an answer is why would OMG Niagara intentionally breach contracts that it had entered into?

As already stated two contracts were signed in August with OMG Niagara to have outdoor advertising space provided. The artwork complied in full with the Canadian Code of Advertising Standards. In response this voice message was left by Gary Dingwall of OMG Niagara. A full transcript of the short message is below.

“Hi Alex, how are you. It's Gary from OMG. Boy you put me in a heck of a spot (laughs)! I thought it over and thought it over and I like the idea of somebody you know having um personal thoughts and that, but it was kind of misleading when we first talked that it was just a website. Um, what, what you're basically asking me to do is bite the hand that feeds me and um I can't if you have a personal thing against um ah the mayor or um any of the councilors, um we just can't, we can't advertise that, they're the ones that, they give us our permits and allow us to operate and put food on my table and I think you can understand that, um, if you want to Creative Outdoor Advertising might um advertise you, um, they're the bench people, don't have their number offhand but um I'll ask Scott to refund your money to you and um all the best to you. I'm, like I say I like somebody that's a debate and that thinks out of the box but I gotta look after um my business and um what, what I can do and can't do. Hope you understand, talk to you later, bye.”

Following receipt of the voice message left by Gary Dingwall two emails were sent to OMG Niagara. The first email dated September 14^th 2014 requested a written termination by OMG Niagara. It was ignored by Gary Dingwall. The second email demanded a written termination notice by OMG Niagara. It was ignored by Gary Dingwall. According to the 'Terms and Conditions Covering This Advertising Contract' it states, “Unless otherwise stated herein, all notices provided here under shall be in writing and shall be given either by prepaid registered mail, or by personal delivery of same, address to OMG media or the client at the address contained on the face of the contract.” It also states that “All notices of cancellation must be received by OMG media in writing.” Finally on the back of the contract it states “The terms of this agreement shall be governed by the laws of the Province of Ontario.” OMG Niagara intentionally breached binding contracts and refused to provide the cancellation in writing.

In addition to breach of contract, Gary Dingwall lied in his voice message. Gary said in his own voice “when we first talked that it was just a website.” Dingwall lied! At no time, not over the phone nor in person had I spoken with Gary Dingwall about anything. My only contact was with Scott Davidson who represented OMG and signed the contracts. This is the same Scott that is referred to in the voice message by Gary Dingwall. Gary Dingwall lied!

Not only did Gary Dingwall lie, he accused me of lying to him when he said “but it was kind of misleading...” Dingwall lied, he decided to breach contracts, he also decided to breach the Charter of Rights, and in his cowardice he accused another individual of deceit. What has Gary Dingwall got to fear so much? He goes on to say, “...we cannot advertise that, they're the ones that, they give us our permits and allow us to operate and put food on my table...”. Does Dingwall fear the mayor and councillors? Does Dingwall fear reprisals of some sort from City government in some fashion? Can any mayor or councillor threaten a business for any reason whatsoever?

Dingwall's message concludes with, “I'm, like I say I like somebody that's a debate and that thinks out of the box but I gotta look after, um, my business and um what, what I can do and can't do.” What has Gary Dingwall got to fear? OMG Niagara was a franchise which began life from a business run by Salvatore Oliveti. Oliveti's connections were not exactly ones that fear too much especially in their line of business. OMG Niagara still operates under a name that suffered heavy financial losses due to bad publicity and an apparent connection to Vito Rizzuto. Most business logic would necessitate disassociation with such a business.

OMG Niagara has had other problems to deal with. It appears that a hot dog cart is or was operated by OMG Niagara. This hot dog cart ran head-on into a collision with regional health inspectors. This is the same OMG Niagara on the breached advertising contracts as on the Health Inspection Report issued by Region of Niagara health inspectors, with the same address, 41-286 Cushman Road, St. Catharines. According to Niagara Region records a verbal closure order was issued on May 22^nd 2014, then a ticket issued July 29^th 2014, another closure order issued on May 22^nd 2014, and a conviction July 29^th 2014. All of this in breach of health code regulations for safe handling of food. It appears that OMG Niagara not only is willing to breach Ontario contract law but has little regard for health regulations in relation to its hot dogs.

Still, failing numerous regional health inspections does not explain what its president Gary Dingwall had to fear. The stench of fear is clear and evident in Dingwall's voice on the message and most definitely in his words. Yet the question remains, what did Gary Dingwall fear? St. Catharines' exiting Mayor Brian McMullan had threatened a potential mayoral candidate illegally in the lead up to the Municipal Elections of 2014, simply for a tweet that linked to Mayorgate. Did OMG and Gary Dingwall fear worse actions, so he decided to censor Mayorgate?

The law is simple, contracts were signed and monies paid with full compliance to the accepted rules of the Advertising Council. Breach of contract and the cowardly refusal to supply a written termination only further add to the illegality of the situation. For that reason legal action has been prepared against OMG Niagara and Gary Dingwall, damages will be claimed and an explanation demanded. It will be interesting to put Gary Dingwall under oath in court of law with this question; who threatened you and how?

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