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Home » Opinion » Jim O'Neill » A living wage for capitalism
A living wage for capitalism
Nov 17,2019 - Last updated at Nov 17,2019
LONDON — At 3.6 per cent, unemployment in the United States remains near its lowest level since the late 1960s. There are even signs that people who had previously dropped out of the labour force are being attracted back into it as employers scour a tight labour market for the marginal employee. Consistent with this news, US Federal Reserve Chair Jay Powell has pointed out that wage gains are finally accruing to lower-paid workers.
In another nod to lower-paid workers, in July, the US House of Representatives passed a bill to boost the federal minimum wage from $7.25 per hour to $15 per hour, an increase that would be phased in over seven years. But the legislation has no chance of passing the Republican-controlled Senate. Moreover, the Congressional Budget Office estimates that a $15 minimum wage would lead to job losses for 1.3 million lower-paid workers.
One heard similar objections in the United Kingdom back in the spring of 2016, when then-prime minister David Cameron's government introduced its National Living Wage policy. Yet, over the past three years, there have been no signs of a reversal of employment gains. And in recent months, wage growth has started to pick up after a decade of stagnation, with the Resolution Foundation now predicting that real (inflation-adjusted) average weekly earnings in the UK could exceed their August 2007 peak of $660.
While the topic has yet to feature explicitly in the UK election debate, both Labour and the Conservatives are pursuing programmes to boost minimum wages further, they also seem to share the goal of increasing infrastructure spending. In late September, Chancellor of the Exchequer Sajid Javid announced that the minimum wage of £8.21 per hour for workers over 25 would be expanded to include all workers over 21. He also promised that by 2024, the minimum wage will have risen to two-thirds of median earnings. Not to be outdone, Labour has vowed to hike the minimum wage to £10 per hour if elected.
Predictably, these statements from both parties raised eyebrows in business circles, and led to warnings of future job losses. And yet I find myself thinking that a higher minimum wage might deliver benefits beyond what is captured in the traditional economic calculus. Given capitalism's growing crisis of credibility, business leaders would do well to consider embracing such policies more enthusiastically.
As I have pointed out before, despite strong headline employment figures in the US, the UK and other Western economies over the past decade, business investment spending has remained stubbornly weak, as have productivity and wage growth. These trends have coincided with a period of strong corporate profits and macroeconomic conditions that, in theory, should be favorable for investment.
Indeed, low interest rates, strong profits and reduced corporate taxation would seem to be a perfect recipe for significantly higher investment spending. But instead, we have witnessed an acute increase in actual and perceived inequality, and a popular backlash against both capitalism and democracy across Western countries. Companies have not responded to the textbook stimuli for investment, either because they do not see the long-term economic rationale for it, or because they are in less capital-intensive industries and simply do not think that they need any more buildings and equipment. The problem, of course, is that without investment, productivity is not likely to increase. And without productivity growth, there is little reason to expect sustainable wage growth.
Whatever the reasons for lagging investment, it is clear that public policy has a role to play here. If what we are witnessing is a market failure, it is both reasonable and appropriate for the state to step in and provide the needed investment spending, as both the Tories and Labour are suggesting they will do if they win the UK election.
But policymakers can also change the risk-reward calculus for business, and one way to do that is by significantly increasing the minimum wage. Higher nominal wages for low-paid workers can boost real earnings, increase consumer spending and help make housing more affordable. And insofar as raising the minimum would increase companies' wage bill, it would create a stronger incentive to replace labour with capital. That could result in reduced output and higher prices, but it could also lay the foundation for renewed productivity growth.
In any case, to those who would counter that companies cannot afford to accommodate such a policy-driven change, I would point out that since 2015, aggregate demand has remained strong enough for them to absorb wage increases easily enough. Should such a policy make companies realise that they have a social purpose that is greater than merely boosting next quarter's earnings, so much the better.
Jim O'Neill, a former chairman of Goldman Sachs Asset Management and a former UK Treasury minister, is chair of Chatham House. ©Project Syndicate, 2016.
www.project-syndicate.org
Jim O'Neill
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Dec 12,2019
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Q: Calling a web service on a remote server with jQuery I have been stuck on this issue for hours now, unable to find a valid answer, perhaps because of my lack of knowledge/experience with such things.
I am aware that I cannot load a web service on a remote server with XMLHttpRequest due to Same-Origin restriction, but apparently this can be done with jsonp data type and providing a callback function but I really can't figure out how to make it work.
The remote server would be mine, so I don't really care about the possiblity that the remote server can send back any malicious javascript code.
I would appreciate if anyone could help me to get some working code with the web service at http://www.antoinecloutier.com/WebService1.asmx/HelloWorld
I have created a test page on my server and the web services works fine --> http://antoinecloutier.com/test.html
Now, I need to be able to access that web service from a different server.
Thank you!

A: You can make Cross Domain AJAX Calls using jquery by enabling CORS
For eg:
 jQuery.support.cors = true;
    $.ajax({
        url: 'http://crossdomainurl',
        type: 'GET',
        dataType: 'json',
        contentType: "application/json; charset=utf-8",
        success: function (data) {
            WriteResponse(data);
        },
        error: function (x, y, z) {
            alert(x + '\n' + y + '\n' + z);
        }
  });

To Make Sure Cross Domain Work Properly you will have to add a Access-Control-Allow-Origin: * response header to the web service response.
In a .NET WCF service, you can add this to the global.asax of your service as follows,
protected void Application_BeginRequest(object sender, EventArgs e)
{
    HttpContext.Current.Response.AddHeader("Access-Control-Allow-Origin","*");
}

In PHP you can modify the response as follows,
<?php header('Access-Control-Allow-Origin: *'); ?>

Note:
Sending the Access-Control-Allow-Origin header allows basic cross-origin access, but calling ASP.NET services like ASMX ScriptServices, ASPX page methods, and WCF services with AspNetCompatibilityRequirements enabled requires your site to respond with one additional CORS header: Access-Control-Allow-Headers
You can configure the same in web.config as follows,
<system.webServer>
  <httpProtocol>
    <customHeaders>
      <add name="Access-Control-Allow-Origin" value="*" />
      <add name="Access-Control-Allow-Headers" value="Content-Type" />
    </customHeaders>
   </httpProtocol>
</system.webServer>

redpajama_set_name: RedPajamaStackExchange


text:
Home News Rollover accident shuts down State Route 49
Rollover accident shuts down State Route 49
ARCANUM – A rollover accident resulting in minor injuries shut down State Route 49 for a brief period of time Wednesday afternoon.
At approximately 12:05 p.m. Wednesday, emergency personnel from Arcanum Fire and Rescue along with deputies from the Darke County Sheriff's Department were dispatched to the 2500 block of State Route 49 in regards to a single vehicle rollover accident.
According to the Darke County Sheriff's Department, a two-tone Chevy Blazer was traveling north bound on State Route 49 when the male driver traveled off the right side of the roadway, possibly due to a mechanical issue, and over-corrected, resulting in the vehicle rolling at least once before coming to rest on the southbound shoulder of the roadway.
All three occupants were out of the vehicle when crews arrived on the scene.
The male driver and a female passenger were treated on the scene by Arcanum Rescue but refused transport. One passenger was treated for minor injuries and transported to Wayne Healthcare.
Both northbound and southbound lanes of traffic were shut down, causing traffic to back up for quite a distance while the accident was investigated and cleared.
The accident remains under investigation by the Darke County Sheriff's Department.
One passenger was treated for minor injuries and transported to Wayne Healthcare following a rollover crash on Wednesday on State Route 49.
https://www.dailyadvocate.com/wp-content/uploads/2021/08/web1_WEB-012-2-2.jpgOne passenger was treated for minor injuries and transported to Wayne Healthcare following a rollover crash on Wednesday on State Route 49. Jim Comer | For The Daily Advocate
https://www.dailyadvocate.com/wp-content/uploads/2021/08/web1_WEB-003-2-1-1-2.jpgOne passenger was treated for minor injuries and transported to Wayne Healthcare following a rollover crash on Wednesday on State Route 49. Jim Comer | For The Daily Advocate
By Jim Comer
For The Daily Advocate
Arcanum Fire and Rescue
Arcanum Fire Department
Arcanum Rescue
Darke County Sheriff's Department
Wayne HealthCare
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redpajama_set_name: RedPajamaCommonCrawl


This transformation was to affect not only the business but people as well. The HR team ensured that there was a new reward mechanism, a new talent acquisition model and also maintained the learning curve in the new environment.
In times of an organisational overhaul, it is not just a change in the systems but even in mindsets, values and beliefs. It requires meticulous planning and a lot of coordination between verticals, work groups and hierarchies to bring in this change. One function that is entrusted with the job of ensuring a smooth transition is the HR.
Recently, Aegon Life Insurance had undergone one such organisational overhaul, which was not only to affect its way of doing business, but it's people as well. The company went through a complete digital transformation. This meant that there will be organisation-wide transformation from a traditional multi-channel distribution-centric setup into a digitally-empowered customer-focussed organisation.
The insurance business is primarily led by a distributor network and has various incentives and rewards scheme in place for the distributors or agents. Because of these heavily incentivised schemes, there is a tendency to force-sell policies that the customer may not really need. The focus was never on understanding the needs and expectations of the end-customer.
Aegon Life Insurance decided to turnaround the way it approached business. In August, it rolled out a new strategy, it changed its focus from 'the distributor to the customer'.
This implied that the customer alone will now define success. It entailed strengthening of its digital route, making the online channel an accessible platform for the customers to engage directly with the company.
To enable this change, the first task for HR was to identify, acquire and develop the right digital and leadership capabilities and then drive cultural change with regard to the new way of working.
Saba Adil, chief people officer, Aegon Life Insurance, shares, "As a business strategy to stay ahead, we decided to empower both our customers and employees, digitally." The digital renovation on the business front also required people transformation for it to run smoothly. "We had to look beyond the traditional insurance background talent and hire from the fin-tech world to upscale our capabilities," she says.
According to Adil, a successful digital organisation is always backed by four pillars — strong product, digital marketing, data analytics and technology. In order to align the capabilities and culture of the organisation with these pillars, the entire way of working needs to be revolutionised. "We had to bring in more speed, energy, accountability and agility— the way things work in the start-up culture," Adil opines.
This meant putting the right capabilities in place and also aligning the culture with the digital transformation.
Aegon Life now has a differential compensation structure, wherein the rewards vary for core capabilities, support capabilities and control capabilities.
To hire better, Aegon Life identified the core capabilities, in line with the four pillars. They observed that instead of the traditional recruitment consultants, employee referrals worked better for them.
Despite that, it was a bit challenging to get the right capabilities initially. Either the candidates were specialists in e-commerce or from a rich insurance background. It was difficult to find talent with both these qualities. "We then also looked at hiring from niche industries to find the right capabilities and mindset. Since culture fit is vital to us, we also use some assessment tools to ensure the right fit," says Adil.
To bring in a truly digital mindset and help people imbibe the culture, the company even revised its mission, vision and values statements to make it easier for people to comprehend the change that was required. This way, the company also ensured that each employee associates with the values and is aligned to the new behaviours.
Following the new and agile way of working, Aegon Life now has a differential compensation structure, wherein the rewards vary for core capabilities, support capabilities and control capabilities. Core capabilities are the ones that directly impact the customers and stakeholders. These are paid the most (not that others are underpaid as per the industry standards), as the company follows a 'pay for performance and delivery' structure. The differentiation is in terms of performance and impact on the company.
Another crucial aspect of the makeover at Aegon Life is its new learning culture. "We have facilitators from Aegon who teach us data analytics. Apart from having specialists from the data analytics field employed with us, we also believe that digital awareness needs to be improved across the staff, which is why such courses are available to all," Adil shares. Looking at agile training, the company is going to gradually roll out these courses for the entire staff in the coming times.
Along with digitisation for the customers, the company has completely digitised its internal human resource management systems as well. Adil says, "We now have a fully automated HR platform that keeps track of an employee's life cycle right from the time a candidate applies till her/his exit." The recruitment, induction, compensation, performance reviews, etc. are all managed by the automated platform.
To bring in a new culture of recognition, the company is currently working on bringing in technology-enabled instant recognition mechanisms. With shared goal-sheets, list of priorities and constant feedbacks, the people at Aegon Life are already on a smooth track. However, technology is set to make it more real-time and accurate.
Concluding with more benefits of this transformation, Adil shares, "Automation has helped us a lot —not just the business but our people. Managers are now empowered and feel less dependent on HR for keeping track of their team's performance. This, in turn, allows more time for HR to focus on change management and employee welfare taking away the unnecessary transactional burden from them. In addition, the results of this transformation are also visible in the form of the trust our customer places in us," says Adil.
It is interesting and useful.
Excellent way & an idea to designe the compensation structure based on various capabilities which help to retain your critical & core talent.
I feel going forward pay for performance & not pay for stay is going to work to retain performers.
congratulation Saba Adil trying for the ideas to make HR as a Core functional partner .
I am a Past President of the Institute of Pesonnel Management Sri Lanka. Our National HR Coference schedule next year in June has selected the theme "Transformational HR in the Digital World.. We wish to invite Ms.Sba Adil to do a session on "Role of HRM in Digital Transformation" Thank You.


text:
Q: An external increment? I am trying to create a file "varstore.dat" (that does not exist prior to running this) that should initially contain the value 0. Then every time I execute the script, I want to increment this value by 1.
So essentially I am trying to create the file one time, read from the file, and then rewrite(or overwrite) the file upon each execution. However, my problem is that each time I run the program, it will always initialize to 0 and output 1. I am trying to rewrite into varstore.dat and for the new value to become the old value the next time I execute the script.
def get_var_value(filename="varstore.dat"):
    with open(filename, "a+") as f:
        val = int(f.read() or 0) + 1
        f.seek(0)
        f.truncate()
        f.write(str(val))
        return val

your_counter = get_var_value()
print("This script has been run {} times.".format(your_counter))

A: You just need to do f.seek(0) before you get the val.
def get_var_value(filename="varstore.dat"):
    with open(filename, "a+") as f:
        f.seek(0)
        val = int(f.read() or 0) + 1
        f.seek(0)
        f.truncate()
        f.write(str(val))
    return val

The original code actually works in Python 2. Python2 opens the file(in a+ mode) at 0 whereas Python3 opens it at the end(hence "append" mode). It appears that the reason it's different is because Python2 is based on C's stdio.h: https://linux.die.net/man/3/fopen
http://bugs.python.org/msg229514

A: When you open the file in "a+" mode (or any a mode), it puts the file position at the end of the file. To read it again you'd have to seek back to byte zero, as Cory Madden's answer suggests.
However, I don't understand why you're opening in "a+" mode if you're reading first, then overwriting. Just make two open calls.
with open(filename, 'r') as f:
    val = int(f.read() or 0) + 1
with open(filename, 'w') as f:
    f.write(str(val))

A: The issue is with the 'a+' mode that's being used to open the file. In Python 3, that mode starts you at the end of the file (where there's nothing left to read).
I'm not sure why it didn't work that way in Python 2. Instead it starts you at position 0 and warps you to the end of the file whenever you try to write to it (at least, that's how it works on my Windows system, the documentation suggests it may be OS dependent).
To make your code work correctly, you should use mode 'r+' to open the file. That will allow you to both read and write the file from the beginning. And in fact, it might let you get rid of the truncate() call, since the new number you're going to be writing will always be at least as long as the number that was already in the file.


text:
const fs = require('fs');
const core = require('@actions/core');

async function main(output) {
    const { version } = JSON.parse(fs.readFileSync(`package.json`).toString());
    const changelog = fs.readFileSync('CHANGELOG.md').toString();
    const changelogLines = changelog.split('\n').map(s => s.trim());

    const start = changelogLines.findIndex(l => l.startsWith(`## [${version}]`));

    let body = 'Manual Release';
    if (start !== -1) {
        console.log(`Found start line @${start}`);
        const end = changelogLines.slice(start + 1).findIndex(l => l.startsWith('## '))
        console.log(`Found end line @${end}`);
        body = changelogLines.slice(start, start + end).join('\n') + '\n';
    } else {
        console.log(`Not found this version start:`);
        let lines = changelogLines.filter(c => c.startsWith('##'));
        for (let l of lines) console.log(`${l.start(`## [${version}]`)}: ${l}`);
    }

    console.log(body);

    output('release', `v${version}`);
    output('body', body);
    output('tag', `v${version}`);
    output('prerelease', true);
    output('draft', false);
}

main(core ? core.setOutput : (k, v) => {
    console.log(k)
    console.log(v)
});

redpajama_set_name: RedPajamaGithub


42 Stickers Muraux Graffiti Pour La Chambre Ado Extraordinaire is part of great design ideas. 42 Stickers Muraux Graffiti Pour La Chambre Ado Extraordinaire was created by combining fantastic ideas, interesting arrangements, and follow the current trends in the field of that make you more inspired and give artistic touches. We'd be honored if you can apply some or all of these design in your wedding. believe me, brilliant ideas would be perfect if it can be applied in real and make the people around you amazed!
42 Stickers Muraux Graffiti Pour La Chambre Ado Extraordinaire was posted in December 8, 2018 at 10:49 am. 42 Stickers Muraux Graffiti Pour La Chambre Ado Extraordinaire has viewed by 18 users. Click it and download the 42 Stickers Muraux Graffiti Pour La Chambre Ado Extraordinaire.


Get on your bike, put your foot to the pedal, and get ready for a series of free autumnal bike rides around Kent.
Kent County Council has teamed up with British Cycling and Sky for a third year to bring the popular 'Sky Rides' to the county.
The Autumn Series of rides, guided by trained British Cycling ride leaders, begin this weekend with The Gunpowder Plot on Sunday, 2 November.
The 26 mile route takes in the Oare Gunpowder Works Country Park and Faversham, looping back through Painters Forstall and Teynham.
The rides continue throughout the month on the next three Sundays with Loop Around the Lanes in Maidstone – taking in Leeds Castle – on 9 November, Cycling Satisfaction in Sevenoaks on 16 November and The Gunpowder Plot on 23 November.
The rides are part of a nationwide 'Sky Ride local' campaign to get thousands of people cycling.
In addition to providing cycle training in schools across the county, Kent County Council offers short courses for adults.


text:
5 Questions with Pivot Marketing's Jenn Hoffman
Amy Lynch
IndyStar correspondent
A decade ago, Jenn Hoffman set out on an ambitious journey to change the face of marketing here in Indianapolis. She was 25 at the time.
"In 2005, my bosses and co-owners of Print Resources, Tim Browning and Kurt Ellinger, asked if I'd like to spin off my book of business — strategic marketing and creative work for ten or so local brands — into a separate, independent business that I would run," she recalled. "I jumped at the chance."
As per their arrangement, Browning and Ellinger owned a lion's share of the business initially, transitioning ownership to Hoffman over time based on the company's performance. After a short sabbatical during which she created a business plan, Hoffman launched Pivot Marketing on March 1, 2006.
"I had a desire to combine my love of psychology, business, writing and design to run a new kind of ad agency, though I didn't quite know what that should look like yet," she said. "Indy was also growing and changing quickly. It was, and is, an exciting time to be an entrepreneur here."
At the time of its creation, Pivot entailed one employee, two silent partners, 10 clients and $250,000 in revenue. Today, the Fountain Square-based company boasts 17 "Pivoteers," more than 40 clients, $2 million in revenue, and a new partner: Keri Kirschner.
For Hoffman, the success of Pivot seems perhaps predestined.
"It's funny, I recently found a project from high school that asked 'What do you want to do when you grow up?' " Hoffman said. "No joke, I wrote 'I will own an ad agency.' I have no memory of writing that or thinking that when I was 16. But, there it was."
Question: What has been the most surprising thing you've learned in your career?
Answer: "The many talents of my team continuously surprise me. Everyone who works at Pivot is interesting, curious and smart. I love learning more about each of them and what they want from life, not just from work. We have poets, singers, motorcyclists, golfers, painters and runners. It's wonderful to feel Pivot has brought all these people together."
Q: Do you have a personal business philosophy you try to follow?
A: "Yes. First, we can always do better. Not necessarily more, but better. Change is constant.
Second, we only work with people we like and causes we can rally behind."
Q: What does the word "leader" mean to you?
A: "A leader sets the vision, listens, takes responsibility and makes tough decisions. It's easy to take credit when things are going gangbusters. It's much harder to assume the blame and make tough decisions when the going gets tough."
Q: What's the best part of your job?
A: "The best part of my job is when people get excited. Whether a client laughs out loud at their new commercial or 10,000 people wear a T-shirt we've designed to a rally, it's rewarding to see strong, emotional reactions to our work.
"We can look around the office now and see little vignettes of activity. Three people laughing with a client in the back room while they brainstorm ideas for a festival. Two more huddled around a monitor making small tweaks to a design. A writer humming to herself while she stands at her desk typing. It's exactly how I pictured it, only better because it's actually happening."
Q: What is the best piece of career advice you've ever received?
A: "You can only eat an elephant one bite at a time. That and take vacations, go to church on Sunday, read more and do yoga."
More about Jenn Hoffman
Job title: President of Pivot Marketing.
Education: University of Notre Dame.
Prior employment: Print Resources.
Favorite pastimes: Yoga, reading, Netflix, dinner parties.
Favorite quote: "The way I see it, if you want the rainbow, you gotta put up with the rain." — Dolly Parton
5 Questions: Entrepreneur Susan Marshall helps digital marketing experts share expertise
5 Questions with Indy business consultant Tom Feick


The First Complainant is Randgold Resources Limited, a Jersey corporation with its principal place of business at St Helier, Jersey, Channel Islands. The Second Complainant is Randgold & Exploration Company Limited, a South African corporation with its principal place of business at Johannesburg, South Africa. The Complainants are represented by Mr. N.D. Dundas of John & Kernick, Attorneys of Midrand, South Africa.
The Respondent is Pico Capital Corporation of Sarasota, Florida, U.S.A. The Respondent is represented by Mr. Mike Beck, its Chief Executive.
The domain names at issue are <randgold.com>, <randgold.net> and <randgold.org>. The domain names are registered with Network Solutions Inc. of Herndon, Virginia, U.S.A. ("the Registrar"). The domain names were registered on February 18, 1999.
The Complaint submitted by the Complainants was received on September 10, 2001, (electronic version) and September 12, 2001, (hard copy) by the World Intellectual Property Organization Arbitration and Mediation Center ("WIPO Center").
Confirm that a copy of the Complaint had been sent to it by the Complainant as requested by WIPO Supplemental Rules for Uniform Dispute Resolution Policy ("Supplemental Rules"), paragraph 4(b).
Confirm that the domain names at issue are registered with the Registrar.
Confirm that the person identified as the Respondent is the current registrant of the domain names.
Provide full contact details, i.e., postal address(es), telephone number(s), facsimile number(s), email address(es), available in the Registrar�s WHOIS database for the registrant of the disputed domain name, the technical contact, the administrative contact and the building contact for the domain names.
Confirm that the Uniform Domain Dispute Resolution Policy ("UDRP") is in effect.
Indicate the current status of the domain names.
It had received a copy of the Complaint from the Complainant.
It is the Registrar of the domain name registrations <randgold.com>, <randgold.net> and <randgold.org>.
The Respondent is shown as the "current registrant" of the domain names.
The administrative technical and billing contact is also the Respondent.
The UDRP applies to the registration.
The domain name registrations <randgold.com>, <randgold.net> and <randgold.org> are currently �active�.
Having verified that the Complaint satisfied the formal requirements of the Policy and the Rules for Uniform Domain Name Resolution Policy ("Rules"), the WIPO Center on September 19, 2001, transmitted by post-courier and by email a notification of the Complaint and Commencement of Administrative Proceedings to the Respondent. A copy of the Complaint was also emailed to the Registrar and ICANN.
A Response was received by the WIPO Center from the Respondent on September 20, 2001, by e-mail and September 25, 2001, in hard copy.
The Complainant elected to have its Complaint resolved by a one-person panel. The Respondent elected to have the Complaint resolved by a three-person panel. Both parties have paid the requisite sums to WIPO Center.
WIPO Center invited the Honorable Sir Ian Barker QC of Auckland, New Zealand to serve as Presiding Panelist in the case. It invited Mr. Henri Alvarez of Fasken Martineau DuMoulin, LLP, Solicitors, of Vancouver, British Columbia, Canada, and Mr. Archibald Findlay SC, of Durban, South Africa, to be Panelists. It transmitted to each of them a statement of acceptance and requested a declaration of impartiality and independence.
On October 11, 2001, WIPO Center forwarded to the Panel by courier the relevant submissions and the record. In terms of Rule 5(b), in the absence of exceptional circumstances, the Panel was required to forward its decision by October 24, 2001. Moreover, because of the later filings by the parties the time for forwarding the decision has had to be extended.
Without seeking the prior consent of the Panel, the Complainant sought to file a Reply in the Response. The Panel decided to admit this Reply but gave the Respondent three working days within which to reply to any fresh matters raised in the Reply. Respondent availed itself of this opportunity. All submissions filed have been considered by the Panel.
The First Complainant was incorporated in August 1995, to engage in the exploration and development of gold deposits outside of South Africa, with an emphasis on sub-Saharan Africa. It was listed on the London Stock Exchange in July 1997, and is a subsidiary company of the Second Complainant. South Africa is the largest producer of gold in the world, producing some 30% of the world�s total demand. It has reserves estimated at 40,000 tonnes.
The main gold-producing area in South Africa is in the Witwatersrand Basin, which has been mined for 100 years. This area is commonly referred to as "the Rand". Rand Mines Limited, in 1992, unbundled its interests to create, inter alia, the Second Complainant, which has also diversified into other minerals.
The name "Randgold" is a combination of the last syllable of the word "Witwatersrand" and the word "Gold". It is identified throughout the world with both Complainants. The First Complainant is a significant international producer of gold not only in South Africa, but in other African countries. The First Complainant�s operating profit for the first quarter of 2001, is of the order of US$10.6 million.
The Complainants first began using the Randgold mark in South Africa in 1995. The mark is well-known within the gold mining industry and in West and Southern Africa.
The Complainants filed applications for its trademark "Rand Gold" in South Africa. The documents annexed to the Complaint show trademark applications received for registration in South Africa on October 16, 2000, and in Australia on February 21, 2001.
An exhibit to the Complaint refers to numbered trademarks in Tanganika, United Kingdom and United States, but there is no indication as to whether these references are to applications and, if so, to what date an application was made or whether trademark registration has been accorded in all or any of these particular jurisdictions. One should have thought that the Complainants, in a matter of this importance, would have gone to the trouble of exhibiting the full particulars of the trademark situation at least in the United States of America where the Respondent is based.
The Complainants have extensive rights to the mark "Randgold" both as a registered mark (as to which there is no proof of actual registration anywhere) and at common law: the words "Rand" and "Gold" apply to the goldmining industry and the word "Rand" has been used since the 19th century to indicate goldmining in South Africa. The Respondent has no right to use the name. The use of all of the domain names in issue will confuse the public and indicate that the Respondent has been endorsed by the Complainants. The domain names are identical to the Complainant�s mark.
The Respondent has registered as domain names also <goldfields.net> and <goldfields.org>. Goldfields is a South African mining house which has built up rights through its name.
The Respondent�s website was instituted in anticipation of the administrative proceedings in an attempt to create an impression that it has a demonstrable right to the "Randgold" name.
The Respondent alleges in its website that it has mining interests in the U.S.A. and West Africa. The Complainants contend that these mining interests are merely "smokescreens" to create the impression that the Respondent has a legitimate interest in the name "rand gold", which it does not. The Respondent�s website is of bad quality with little information about the Respondent�s operation staff, location and other activities.
A Dun & Bradstreet report obtained by the Complainants (the information in which has not been denied by the Respondent) states that there is no company incorporated in the U.S.A. doing business in Florida under the name "Randgold Inc". The report further revealed that the Respondent was involved in investment banking, with Mr. Beck being its only employee and Chief Executive Officer.
"Increasingly we have been receiving at our website www.randgold.com emails (and telephone calls) from a number of persons contact or further information on Rand Gold resources. The level of traffic is becoming a bit burdensome."
Later in the email, the Respondent offered to relinquish the domain name for US$30,000.00. The Complainants submit that the Respondent has registered and used the domain name in bad faith.
The Respondent in its Response states it has been active in the goldmining and exploration industry since 1985: since that time, Mr. Beck has been a co-founder, director and investor in a number of goldmining and exploration companies which he lists, alleged to have been publicly traded on either the Canadian or Australian Stock Exchanges. Some of the companies no longer exist as a result of merger or acquisitions or change of name, but their public records "exist to confirm my prior involvement in each of the above companies as a co-founder, investor and director". However the Respondent has not provided any documentation to prove these assertions.
Mr. Beck further claims to have been a co-founder, director or principal shareholder in a range of privately held companies engaged in gold exploration and mining, including Randgold U.S.A. Inc. and Randgold Limited. According to the private investigator�s report, no such companies exist in the United States.
Mr. Beck claims that the interests in these private companies have been in his personal name or through a holding company such as the current Respondent, that his personal income from these activities has varied between approximately $1 million to $8 million per annum and is his main source of income. Since 1988, he has held indirect interests in 25 mineral concessions in more than 10 companies, many in West Africa; he has been involved in West Africa long before the Complainant extended its business out of South Africa and West Africa.
Mr. Beck�s intent in registering the domain names at issue was "to preserve the names in anticipation of their use in connection with future activities of my various private gold exploration companies, including Randgold USA Inc. and Randgold Limited. The same is true of my registration of the domain name <goldfields.net> and <goldfields.org>. I did not register the domain names with the intent of selling them at a profit".
He did not initiate contact with the Complainant about the sale of the names and agreed only to sell them for $30,000, when pressed.
The Complainant�s assertion of confusion is not supported in that the Respondent has received only five misdirected emails over the past year.
The Respondent�s gold interests are mainly in Ghana whereas the Complainant�s are mainly in South Africa and Mali. The Respondent has a well-documented history of activity in the gold industry in sub-Saharan Africa long before the Complainant extended beyond South Africa.
In its Reply, Complainants point out that the issue is not whether Respondent has interests in the goldmining industry, but whether Respondent has any rights or legitimate interests in the disputed names.
Complainants point out the lack of evidence to support the existence of the companies named in the Response. The existence of the companies bears no relevance to the dispute.
As to the Respondent�s claim of lack of confusion, Complainants point to his email of March 5, 2001, in which Mr. Beck refers to the number of emails and telephone calls from persons seeking contact with the Complainant, including "Canadian/Aussie/African persons and companies with African-based exploration projects"; "The level of traffic is becoming a bit burdensome".
In the further Response, Respondent asserts Mr. Beck�s long involvement in the goldmining industry and claims that this involvement gives him a legitimate interest in the domain names.
Mr. Beck invites the Panel to search public databases and/or search historical records for evidence of his involvement as an officer or director. He invites the Panel to contact named persons to confirm his long association with goldmining in Ghana.
He denies the confusion point but does not reconcile that assertion with his email quoted above.
He claims that because of his association with the goldmining industry since 1985, in sub-Saharan Africa, he has every right to the domain names and characterizes Complainants as a "sore loser crying foul to the Panelists in an attempt to expropriate what quite clearly is not theirs".
In the view of the Panel, the disputed domain names are identical to the Complainant�s common law mark Randgold and also to the pending registrations for that mark in South Africa and Australia. In the absence of better particulars, the Panel cannot assess the names against the trademark registration applications or whatever they are, in the three other countries named. The Panel notes that it was beholden on the Complainants to prove their case. A common law mark has been clearly established by the Complainant�s use of the word �randgold� in association with their gold mining activities over many years.
With regard to the second criterion, clearly no right or license was given by the Complainants to the Respondent to use the name Randgold. In view of the uncontested evidence of the enquiry agent that no company exists under this name in Florida, one would have thought that the Respondent should have produced some evidence of incorporation of a company under the name Rand Gold. He has failed to do so. It may be that a website of Randgold was created by the Respondent but there is no suggestion that it is attached to any particular business trading under the name of Randgold. It is not good enough for a Respondent to invite the Panel to check public records or contact named individuals. It would be quite wrong for the Panel to do so. A party is under a duty to produce evidence in support of its case. It is not for the Panel to undertake an inquisitional role. Respondent has chosen to produce not one document in support of its assertions.
Even accepting that Respondent (or more correctly Mr. Beck, who is not the Respondent) did have involvement in the goldmining industry in Ghana, it is clear that the word "Rand" is associated worldwide with South African goldmining. Respondent has offered no explanation for using the word "Rand".
The Panel finds the second criterion proved.
In respect of the third criterion, the Respondent, on his own statement, is fully aware of the world of goldmining. He must have known of the Complainants and of their long association with the goldmining industry in South Africa. He would also have known that the abbreviation �Rand� refers to South African gold. He states that he has little interest in South Africa and that his interests are mainly in Ghana or the United States. It is therefore possible for the Panel to infer that he registered the name in bad faith, knowing that the name "Randgold" was associated with the Complainants and referred to gold produced in South Africa. Respondent�s willingness to sell the domain names demonstrates continuing bad faith. Accordingly, the Panel finds the third criterion proved.
Accordingly, pursuant to paragraph 4(i) of the Policy, the Panel requires that the registration of the domain names <randgold.com>, <randgold.net> and <randgold.org> be transferred to the Complainants.


Yes, I do. I was self-conscious at first, too, but after a year or so, I got over it. It's about forgiving yourself; I know that sounds weird, but once you forgive yourself, then you can accept yourself. Then you can be confident again.
I get you not wanting to show it off and I have never been in your shoes so I don't know if I would choose the flip flops or not.... but I "think" you should say to heck with it and choose flip flops and capris!!
I don't, but my daughter does. Fell on a stick last year at the park, has a gouge just by her left eye. Each time I see it, its a reminder of the scare we had that day. And also a reminder of how fast things can happen, even if you are "watching" the kids closely. I am hoping it fades with time. But am not happy the urgent care used liquid bandaid instead of a stitch.
Hope you're healing well... and having a great week.


into this review of Life After Death.
total package emcee we knew over a decade ago.
There were three things that made B.I.G.
arguably the most colorful and larger than life emcee we have ever witnessed.
him the title of G.O.A.T.
Intimidation: When it was meant for B.I.G.
lyrically than the beat. Simply intimidating.
and proposed a distinct reflection of exactly where Biggie came from.
could easily be recognized as the song that was built to reach a new audience.
coast. It was dope and all, but its intentions were thinly veiled.
the speed rapping multiplatinum device known as Bone Thugs N Harmony was a head scratcher on paper until B.I.G. threw down his verse as if Bone was trying to fit into his style.
Just another moment where B.I.G.
Finest," it just felt too damn poppy for its own good.
intangibles that made he and B.I.G.
the industry would have reacted then?


text:
Chapter 3: Without Obstruction, Diversion or Corruption
Go Back to the Table of Contents for Property Rights in the Defence of Nature
"It is a nuisance to stop or divert water that used to run to another's meadow or mill; to corrupt or poison a water-course, by erecting a dye-house or a lime-pit, for the use of trade, in the upper part of the stream; … or in short to do any act in common property, that in its consequences must necessarily tend to the prejudice of one's neighbour. So closely does the law of England enforce that excellent rule of gospel-morality, of 'doing to others, as we would they should do unto ourselves.'"
— Sir William Blackstone, 1768(1)
Hazen Gauthier read the news in the local paper: Sudbury's Parks and Recreation Commission had approved the use of Bell Park for the 1970 Ontario Outboard Championships. The speed boat regatta, sponsored by the Rotary Club, was to be held on Lake Ramsay – Sudbury's principal source of water.
Mr. Gauthier, concerned that the 60 hydroplane motorboats competing in the regatta would contaminate the small lake, knew he had to act quickly. The races were scheduled for September 12th and 13th – just a month away. On August 14th he had his lawyer contact the Rotary Club, which refused his request to cancel the event. Four days later his lawyer asked the Ontario Water Resources Commission to intervene. But Ontario's Minister of Energy and Resources Management turned down the request, explaining that "the local authorities had made the decision to hold the regatta and no interference by the Commission seemed warranted."(2)
On September 4th, Mr. Gauthier, along with three other Sudbury residents, launched a court action for a restraining order. Six days later, Judge Frank Dunlap forbade the Rotary Club to hold speed boat races on Lake Ramsay.
Judge Dunlap based his decision on a branch of the common law called riparian law. Under the common law, riparians – people who own or occupy land beside lakes and rivers – have the right to the natural flow of water beside or through their property, unchanged in quantity or quality.(3) One of the plaintiffs, Rita Dixon, owned land on Lake Ramsay. It was to protect her riparian rights that the judge issued the injunction.
Mrs. Dixon's riparian rights, Judge Dunlap explained, entitled her "to the flow of water through or by her land in its natural state."(4) By polluting Lake Ramsay – regardless of whether the pollution caused any harm – the planned races would violate Mrs. Dixon's property rights. In such a case, said the judge, the court should grant an injunction as a matter of course.
In his decision, Judge Dunlap reviewed riparian cases from 1859 to 1949, a period when riparian rights played a crucial role in cleaning up lakes and rivers. During those years, riparians – including farmers, mill-owners, manufacturers, absentee landlords, fishermen, and titled aristocrats – exercised their legal rights to protect themselves and the environment from coal mine discharges, pulp and paper mill wastes, sanitary sewage, storm-water runoff, salt, oil and other pollutants.(5)
Riparian rights evolved from nuisance law.(6) Many early nuisance cases concerned water pollution; neighbours would counter tanners or butchers who disposed of their wastes in rivers, or the owners of privies that hung over streams. The industrial revolution and the introduction of piped municipal sewage systems changed the scope of the water pollution problem and the law surrounding it. Mills and factories were dumping their noxious wastes into Britain's rivers, causing an unprecedented and dramatic deterioration of water quality across the country.(7) People fought back, taking their cases to the courts, which gradually honed the law into a finely-tuned system of rights and responsibilities. By the 1850s, when the courts were awash in water pollution cases, the riparian doctrine had emerged as a powerful weapon against the era's severe environmental challenges.(8)
Waterfront property owners, businesses, and others dependent on lakes and rivers fought industrial and municipal water pollution with riparian law throughout much of the English- speaking world during the following century, and in some places continue to do so. In Great Britain, for example, the Anglers' Co-operative Association fights pollution by defending riparian rights in county courts. The Association has won all but two of the hundreds of cases it has argued since its founding in 1948.(9)
In Canada, riparian law originally applied everywhere except Quebec, where similar civil law rules held.(10) But like other common law doctrines, riparian law survives only where politicians or bureaucrats haven't extinguished it through statutes and regulations. Riparian rights remain strongest in Atlantic Canada and Ontario.(11) In the Western provinces, where riparian law would have impeded mining and irrigation, statutes have governed water allocation since the late nineteenth century; even there, however, riparians may retain rights to clean water.(12) For various reasons, including the financial risks entailed in court cases and the courts' frequent reluctance to frustrate industry, Canadians now rarely enforce their riparian rights.(13) But when they do, as evidenced by Hazen Gauthier's challenge to the Sudbury Rotary Club, riparian rights remain powerful tools for environmental protection.(14)
The common law allows riparians to use an unlimited amount of water for "ordinary" purposes, which traditionally included only domestic and subsistence agricultural activities.(15) In most jurisdictions, they may use additional water for certain reasonable "extraordinary" purposes, such as irrigation or manufacturing, connected with their property.(16)
Riparians do not have a right to divert water for use off their property. In 1875, the House of Lords (Britain's ultimate judicial appeal court) forbade a waterworks company from diverting a stream in order to supply the English town of Swindon.(17) A diversion of such magnitude would not qualify as an ordinary, reasonable use, the law lords explained; and extraordinary uses were allowed only if connected with riparian land. Almost 40 years later an Ontario court, preventing an entrepreneur from providing the village of Thornhill with water from the Don River, echoed the law lords' decision: to divert water from riparian land, and to consume it for purposes unconnected with that land "would be, not only an unreasonable use of the water, but would be a use altogether outside and beyond the right of the riparian proprietor to use the water."(18)
A riparian's right to use water confers no right to abuse it. Extraordinary water users may not interfere with other riparians' property rights: they must return the water to the watercourse substantially undiminished in volume and unaltered in quality. As early as 1858 the courts determined that a tanner in Lower Canada must not block the River Yamaska's flow to a downstream mill; they found that the tanner had the right to hold back water to propel his tannery's wheels and machinery – an extraordinary use – only if "he does not thereby interfere with the rights of other proprietors."(19) Similarly, in deciding an 1893 case against a Scottish mining company, one British law lord noted, "I am not satisfied that a riparian owner is entitled to use water for secondary [i.e., extraordinary] purposes, except upon the condition that he shall return it to the stream practically undiminished in volume and with its natural qualities unimpaired."(20) His colleague added, "it is not permissible in such a case for a man to use his own property so as to injure the property of his neighbour."(21)
Riparian law is extraordinarily potent, prohibiting any sensible change in the water's quality. In the Scottish case noted above, a distiller obtained an injunction preventing an upstream coal mine from discharging hard water into a stream; while still pure and drinkable, the stream was no longer fit for the manufacture of whiskey. Twenty years later, a New Brunswick court ruled against an iron company whose operations discoloured the Nepisiquit River.(22) More recently, in the 1950s, at the behest of a fishing club and a local landowner, a British court restrained upstream industries whose thermal pollution killed fish.(23)
Riparians can sue polluters to protect their rights even if they have suffered no evident harm; once interference with a riparian right is established, damage is presumed.(24) In fact, as Hazen Gauthier so aptly demonstrated, riparians who can demonstrate that a proposed activity will likely violate their rights may act even before a stream has been polluted or diverted. Riparians' rights to unaltered water exist whether or not they use the water, and whether or not its alteration interferes with any of their activities. That a Trinidadian land owner in one 1918 case put to no use whatsoever either the river flowing through his property or the property itself didn't prevent the court from recognizing his right to the natural flow of the river.(25) The law thus enables riparians to prevent polluters from establishing the right to carry on longstanding activities (called a "prescriptive right") that might interfere with future water uses.
As with nuisance law, existing water pollution does not justify further pollution. Courts have not cared that, because a dozen other industries polluted a river, restraining one would not restore the water's purity. If every polluter could defend himself on the ground of existing pollution, the reasoning goes, riparians could never repair the environment.
The issue arose in an early twentieth-century case against a New York salt manufacturer accused of depleting a creek's flow and contaminating it with salt. The company tried to defend itself on the grounds that a dozen other salt works also diminished and polluted the creek. The judge, however, found that others' contribution to the problem in no way lessened the defendant's obligation; if anything, it increased it. "The fact that other salt manufacturers are doing the same thing as the defendant, instead of preventing relief, may require it," the judge explained. He then cited an earlier decision on the matter:
Where there is a large number of persons mining on a small stream, if each should deteriorate the water a little, although the injury from the act of one might be small, the combined result of the acts of all might render the water utterly unfit for further use; and, if each could successfully defend an action on the ground that his act alone did not materially affect the water, the prior appropriator might be deprived of its use, and at the same time be without a remedy.(26)
Nor, under traditional riparian law, may polluters violate an individual's rights in order to promote a greater good, be it private or public. Although no longer always the case, courts long refused to consider the economic or social costs of prohibiting pollution; they ruled against companies that had invested considerable capital in their works, those that employed hundreds of people, and those representing a region's leading – sometimes only – industries. Municipalities frequently failed to convince the courts to allow polluting sewage disposal systems in the name of the greater good. The courts, however, generally made one concession to the public interest: they delayed injunctions in order to give industrial and municipal polluters time to clean up.
A case in 1900 against a paper mill whose wastes polluted a creek illustrates the courts' traditional refusal to balance private economic factors when choosing a remedy. In issuing an injunction against further pollution, the Indiana court refused to weigh the paper mill's $90,000 construction costs against the plaintiffs' material damages, which amounted to just $250. The court noted that the creek's condition constituted a nuisance which caused damages "immeasurable by a pecuniary standard." In this context, the size of the company's investment was irrelevant:
The fact that [the] appellant has expended a large sum of money in the construction of its plant, and that it conducts its business in a careful manner and without malice, can make no difference in its rights to the stream. Before locating the plant the owners were bound to know that every riparian proprietor is entitled to have the waters of the stream that washes his land come to it without obstruction, diversion, or corruption, subject only to the reasonable use of the water, by those similarly entitled, for such domestic purposes as are inseparable from and necessary for the free use of their land; and they were bound, also, to know the character of their proposed business, and to take notice of the size, course, and capacity of the stream, and to determine for themselves, and at their own peril, whether they should be able to conduct their business upon a stream of the size and character of Brandywine creek without injury to their neighbors; and the magnitude of their investment and their freedom from malice furnish no reason why they should escape the consequences of their own folly.(27)
A dozen years later, in a similar New York case, a judge who refused to consider the financial burdens an injunction would place upon a pulp mill explained, "It has always been the boast of equity that any substantial injustice might be corrected by it to even the humblest suitor, and that the financial size of such a suitor's antagonist was not important."(28) The Court of Appeals later confirmed that balancing an injunction's great cost to the pulp mill against the plaintiff's relatively small injury would be unjustified: "Although the damage to the plaintiff may be slight as compared with the defendant's expense of abating the condition, that is not a good reason for refusing an injunction. Neither courts of equity nor law can be guided by such a rule, for if followed to its logical conclusion it would deprive the poor litigant of his little property by giving it to those already rich."(29)
In fact, the courts' refusal to consider an injunction's economic impact on a defendant remained so common that, according to the judge in Hazen Gauthier's case against the Rotary Club, "It is trite law that economic necessities of the defendants are irrelevant in a case of this character."(30)
So, too, have courts refused to consider the public costs of their injunctions. In rejecting the public good as a justification for pollution, judges have frequently soared to inspiring rhetorical heights. Behind the rhetoric have been some of the most powerful environmental protection decisions in common law history.
In the New York salt case previously discussed, the manufacturer tried to defend its polluting ways in the name of the public good. Salt manufacturing, it averred, was the region's leading industry. The defendant alone employed more than 100 men and women. To shut it down – to say nothing of the dozen other salt mines that might be subject to similar actions – would harm the public interest. But the Court of Appeal judge objected. Requiring the interest and convenience of the individual to give way to the general good, he warned, "would amount to a virtual confiscation of the property of small owners in the interest of a strong combination of capital."(31)
In defending individual rights against the interests of industry the judge cited an early coal mining decision:
It was urged that the law should be adjusted to the exigencies of the great industrial interests of the commonwealth, and that the production of an indispensable mineral . . . should not be crippled and endangered by adopting a rule that would make colliers answerable in damages for corrupting a stream into which mine water would naturally run. . . . The consequences that would flow from the adoption of the doctrine contended for could be readily foretold. Relaxation of legal liabilities and remission of legal duties to meet the current needs of great business organizations, in one direction, would logically be followed by the same relaxation and remission, on the same grounds, in all other directions. One invasion of individual right would follow another, and it might be only a question of time when, under the operations of even a single colliery, a whole countryside would be depopulated.(32)
The judge then launched into his own passionate defence of individual rights:
The lower riparian owners are entitled to a fair participation in the use of the water, and their rights cannot be cut down by the convenience or necessity of the defendant's business. . . . While the courts will not overlook the needs of important manufacturing interests, nor hamper them for trifling causes, they will not permit substantial injury to neighboring property, with a small but long-established business, for the purpose of enabling a new and great industry to flourish. They will not change the law relating to the ownership and use of property in order to accommodate a great business enterprise. According to the old and familiar rule, every man must so use his own property as not to injure that of his neighbor; and the fact that he has invested much money and employs many men in carrying on a lawful and useful business upon his own land does not change the rule. . . .(33)
Some contemporary courts continue to uphold the tradition of placing individual rights before the public good. When considering Hazen Gauthier's bid to save Lake Ramsay, Judge Dunlap refused to allow his respect for the Rotary Club's mission – to raise money for its work with crippled children – to influence his decision.(34) "It is unfortunate," he said, "that in the circumstances of this case the rights of a riparian land proprietor come into conflict with the laudable objects of a charitable pursuit formulated and prosecuted with sincerity and dedication. . . . None the less, the most honourable of intentions alone at no time can justify the expropriation of common law rights of riparian owners."(35)
In the absence of a specific law to the contrary, even government itself cannot justify violating people's property rights to clean water in the name of the public good. As one judge explained at the end of the nineteenth century:
I know of no duty of the Court which it is more important to observe and no power of the Court which it is more important to enforce than its power of keeping public bodies within their rights. The moment public bodies exceed their rights, they do so to the injury and oppression of private individuals, and those persons are entitled to be protected from injury arising from the operations of public bodies.(36)
Similarly, in his decision on a 1928 challenge to the storm sewage disposal practices of Edmonton, Alberta, a Supreme Court judge acknowledged that the city represented the collective rights of its ratepayers, who required sewers. "But these rights," he explained, "are necessarily restricted by correlative obligations. Although held by the municipalities for the benefit of all the inhabitants, they must not – except upon the basis of due compensation – be exercised by them to the prejudice of an individual ratepayer."(37) The judge echoed the decision from an early sewage disposal case: "[W]hatever the consequences, and much as the result may cause inconvenience, the principle must be upheld that, unless Parliament otherwise decrees, 'public works must be so executed as not to interfere with private rights of individuals.'"(38)
Riparian rights, protecting lakes and rivers from obstruction, diversion, and corruption, complete the trio of property rights most commonly used in the defence of nature. Together, trespass, nuisance and riparian rights have effectively empowered people to preserve or restore clean land, air and water – too effectively, apparently, for governments, which have worked assiduously to undermine property rights and the environmental protection they have fostered.
1. Blackstone, Commentaries on the Laws of England, Volume 3, 191-2.
2. Gauthier et al. v. Naneff et al. (1970), [1971] 1 O.R. 97 at 99 (H.C.J.).
3. Legal scholars disagree about who has riparian rights. According to Rueggeberg and Thompson, riparian rights "belong only to those who own the banks of rivers, lakes or other bodies of water" (Water Law and Policy Issues in Canada, 4). Similarly, Percy explains that "the riparian doctrine restricts water rights to those who own property that adjoins a body of water" (The Framework of Water Rights Legislation in Canada, 73).
Others define riparians more broadly. According to McNeil and Macklem, "Every person who is in lawful possession of land adjacent to water, whether as a freeholder, leaseholder or in some other capacity, has riparian rights" (Aboriginal, Treaty and Riparian Rights in the Moose River Basin, 1).
Campbell et al. straddle the issue, suggesting first that the riparian "doctrine provides occupiers of land bordering a natural stream (riparian land) with certain rights to the use and flow of water" but later mentioning "rights which are incidental to the ownership of land" ("Water Management in Ontario," 479, 480).
4. Gauthier v. Naneff, op. cit. at 101.
5. See Appendix C for riparian rights case summaries.
6. The roots of riparian law can be traced back even further. According to Chief Justice McRuer, "The origin of the common law applicable to this subject goes back to and beyond Roman law" (McKie et al. v. The K.V.P. Co. Ltd., [1948] 3 D.L.R. 201 at 209).
The discussion in this paragraph is based in part on Harvey, "Riparian Water Rights."
7. McLaren, "Nuisance Law and the Industrial Revolution," 323-4.
8. By the 1850s, while some justices still referred to nuisance law in their decisions in water pollution cases, the riparian doctrine as we know it was "clear and settled" (Embrey and Another v. Owen (1851), 6 Exch. 353, 155 E.R. 586). Also see Wood and Another v. Waud and Others (1849), 3 Exch. 748, 154 E.R. 1047, an early case in which the court distinguished between ordinary and extraordinary water uses.
9. Anglers' Co-operative Association, ACA Review; and personal communication with Anglers' Co-operative Association staffer, June 16, 1994.
For a description of the Association and its goals, membership, and strategies, see Martell and Others v. Consett Iron Co. Ld. (1954), [1955] 1 Ch. 363.
The Association is discussed at greater length in Chapter 13.
10. In Miner v. Gilmour (1858), 12 Moo. P.C. 131, 14 E.R. 861 at 870, the Privy Council's Lord Kingsdown noted, "it did not appear that, for the purposes of this [riparian] case, any material distinction exists between the French and the English law." Also see Percy, op. cit., 72; Rueggeberg and Thompson, op. cit., 5; and Canadian Environmental Law Research Foundation, "An Overview of Canadian Law and Policy Governing Great Lakes Water Quantity Management," 199-20.
11. According to Percy, "Riparian rights remain the basis of water allocation in Ontario and the Atlantic provinces" (op. cit., 72). Similarly, Lucas explains that in Ontario, riparian laws "continue to govern the legal character of water rights" (Security of Title in Canadian Water Rights, 20). And McNeil and Macklem note that the doctrine remains valid on Indian reserves, where provincial legislation cannot override it (op. cit., 7).
12. According to Harvey, "the riparian right to unpolluted water is alive and well" (op. cit., 523). Also see Percy, op. cit., 19.
13. Percy notes that "despite their undoubted existence, [riparian rights] are rarely enforced" (op. cit., 75). According to Sharpe, there have been few reported Ontario riparian cases in the last three decades (Injunctions and Specific Performance, 197-8). And the Canadian Environmental Law Research Foundation suggests that the doctrine will now be used only in the most extraordinary cases (op. cit., 112).
14. According to Rueggeberg and Thompson, "Many lawyers believe . . . that in the interests of water quality, the riparian owner's right to sue for injury where an upstream user might be discharging harmful contaminants is still a powerful means of preserving high quality conditions" (op. cit., 6).
15. More recently, courts have stretched the meaning of ordinary to encompass waterpower, provided that the power is used on the riparian land, or even, in some industrial areas, manufacturing. See McNeil and Macklem, op. cit., 2, and Campbell et al., op. cit., 481.
16. In the 1891 case, Ellis v. Clemens, Mr. Justice Street suggested that "the general rule which I gather from the cases is that any user which inflicts positive, repeated, and sensible injury upon a proprietor above or below is not to be considered a reasonable user" (21 O.R. 227 at 230).
17. The Directors, etc. of the Swindon Waterworks Company Limited v. The Proprietors of the Wilts and Berks Canal Navigation Company (1875), L.R. 7 H.L. 697.
18. Watson v. Jackson (1914), 19 D.L.R. 733 at 745 (Ont. S.C.).
19. Miner v. Gilmour, op. cit. at 870.
20. John Young and Company v. The Bankier Distillery Company and Others, [1893] A.C. 691 at 696 (P.C).
21. Ibid. at 699.
22. Nepisiquit Real Estate and Fishing Company, Limited v. Canadian Iron Corporation, Limited (1913), 42 N.B.R. 387 (Ch.).
23. Pride of Derby and Derbyshire Angling Association Ld. and Another v. British Celanese Ld. and Another (1952), [1953] 1 Ch. 149 (C.A.). This case is discussed at length in Chapter 13.
24. See, for example, McKie et al. v. The K.V.P. Co. Ltd., op. cit. at 216. Also see Canadian Environmental Law Research Foundation, op. cit., 113; Estrin and Swaigen, Environment on Trial, 115; and Campbell et al., op. cit., 503.
25. Stollmeyer and Others v. Trinidad Lake Petroleum Company Limited, and Others, [1918] A.C. 485 (P.C.).
26. Strobel et al. v. Kerr Salt Co., 164 N.Y. 303, 320, 58 N.E. 142 at 148, 51 L.R.A. 687, 79 Am. St. Rep. 643 (N.Y. Ct. App. 1900) citing Hill v. Smith, 32 Cal. 166.
27. Weston Paper Co. v. Pope et al., 155 Ind. 394, 57 N.E. 719 at 721, 56 L.R.A. 899 (1900).
28. Whalen v. Union Bag & Paper Co. First appeal: 145 App. Div. 1, 129 N.Y. Supp. 391 at 393 (1911).
29. Whalen v. Union Bag & Paper Co. Second appeal: 208 N.Y. 1, 5, 101 N.E. 805 at 806 (1913).
30. Gauthier v. Naneff, op. cit. at 103.
31. Strobel et al. v. Kerr Salt Co., op. cit. at 145.
32. Ibid. at 146, citing Coal Co. v. Sanderson, 1878 trial decision, subsequently considered in 113 Pa. St. 126, 6 Atl. 453 (1886). Judge Vann acknowledged that a higher court had, in the name of the community interest in natural resource development, overturned this decision, but noted that "Courts of the highest standing have refused to follow the Sanderson Case" and that "its doctrine was finally limited by the court which announced it" (at 147).
33. Ibid. at 147-8.
34. During the hearing the judge noted, "My sympathy is with what the Sudbury Rotary Club is doing, but I must confine my interpretation to legal grounds." Sudbury Star, September 10, 1970.
36. Roberts v. Gwyrfai District Council, [1899] 2 Ch. D. 608.
37. Malcolm Forbes Groat and Walter S. Groat v. The Mayor, Aldermen and Burgesses, being the Corporation of the City of Edmonton, [1928] S.C.R. 522 at 533.
38. Ibid. at 534, citing Attorney General v. Birmingham.


The war of words continues in Gaza, in spite of the ceasefire. Nancy Snow, propaganda expert, talks to IPS about information spin strategies and whether we, the public, have learnt any lessons from Iraq.
Snow is a writer and a Huffington Post blogger. Her latest book is 'Persuader-in-Chief' about public diplomacy and persuasion in the Age of Obama. She is also Associate Professor at the Newhouse School of Communications, Syracuse University.
IPS: The Israeli propaganda effort is being directed to justify their attack. The sight of Hamas rockets streaking into Israel has been helpful in this respect. But do you think Israel's effort has achieved anything?
NS: Israel's effort seems to be designed to shake the confidence of Hamas. Of course, innocent people are in the way of this power struggle. We don't know yet if Hamas will be emboldened or weakened by the Gaza conflict. We do know that global public opinion is against Israel for its raining of air attacks on a densely populated area. A lot of people died unnecessarily simply because of where they lived.
IPS: On Dec. 28, Israel released a video of a missile attack against what appeared to be a lorry being loaded with rockets. A caption says: 'Grad missiles being loaded onto the Hamas vehicle.' As of last week, 632,714 people had watched it. However, it turned out that a Gaza resident named Ahmad Abdallah Muhammad Sanur claimed that the truck was his and that he and his workers were moving oxygen cylinders from his workshop. How do you think this case has hampered Israel's propagandistic efforts?
AS: If one believes that the IDF (Israel Defence Forces) is acting in self-defence and that Hamas is completely responsible for creating the Gaza conflict, then the resident's claim that this truck was his and that they were only moving oxygen cylinders places innocent victims smack in the middle of the propaganda war between Hamas and the IDF. If Sanur's claims are true, naturally it hurts the IDF position that only Hamas is the target of its rockets.
IPS: Has the ban on foreign correspondents 'helped'? (The television channels Al-Jazeera and BBC operated there during the attack). The absence of reporters from other major organisations has meant, for example, that Sanur's story has not been as widely told as it probably would have been, or his account subject to examination.
NS: How do you think the ban is affecting this war of words? I'm all for the complete access of media to conflict areas. If correspondents are willing to put themselves in harm's way in order to tell the story, completely and truthfully, then they should be allowed in. When a ban takes place, all we can wonder is what is being left out of the story being told? We cannot allow just officials to tell their stories. We need people on the ground, both citizen journalists and foreign correspondents, to complete the landscape picture.
IPS: Only last week, if you typed 'Gaza' in the YouTube search engine, you would get 47,200 hits. Some of the titles included 'Mortar Bombs Shot from U.N. School in Gaza' (from Oct 29, 2007); 'Hamas terrorists kill innocent Palestinian in Gaza'; and 'White phosphorus shells on Gaza.' Some of them come from established TV channels like Al-Jazeera, BBC or CBS. Others come from unclear sources. We have seen pictures of the conflict in Lebanon in 2006 and videos of the Jabalya refugee camp from September 2005 passed off as images of the current conflict in Gaza too. An apparently conclusive piece of evidence can turn into something doubtful. How can the reader know that what he or she is seeing is true or an honest rendition of the truth?
NS: I wouldn't entirely trust Youtube for the whole story. We often say that a picture is worth a thousand words, but if that picture has been doctored of if the caption is inaccurate, then the picture is utterly worthless. I would tell people to utilise a wide spectrum of sources, both print, online, and video, to dig deeper. Compare and contrast media coverage, for instance CNN versus Al-Jazeera. A lot of the story is being left out or told from a biased perspective. We're all biased; no one is without a slanted perspective, but we can try to overcome our worse biases by constantly questioning the story, its conclusions and the sources used. Always ask yourself, what is being left out on the cutting room floor?
IPS: In an interview with IPS in 2004, you said that, once the masses have chosen sides, 'propaganda is used to reinforce existing attitudes more than it is used to change attitudes'. Is that what is happening here?
NS: Yes, this is still the case. Propaganda is generally ill-suited to completely change opinions from one side to another. What it can be more effective at is challenging a prevailing assumption among those who aren't yet fully committed to one side or another. Also, the best propaganda, like the best persuasion, is that which is subtle and designed to make one believe that the conclusion comes from oneself and not an outside sponsor.
IPS: In the same interview with IPS, you said about the invasion of Iraq that the propaganda surrounding it that it was more 'about not seeing images. People in the U.S. didn't see the same war as people outside the U.S. or as did viewers of Al-Jazeera.' What about Gaza now? Are we seeing the same war?
NS: Absolutely not. Just the other day, my colleague, Mehrzad Boroujerdi, director of Middle East studies here at Syracuse University, commented on how different the media coverage of the Gaza conflict was between CNN and Al-Jazeera English. He said that just five minutes of watching convinced him that the media are setting the agenda and creating different wars through their distinct coverage. CNN was much more pro-Israeli and pro-official sources while Al-Jazeera English gave voice to the people on the ground.
IPS: You also said that with Iraq, the U.S. public 'succumbed more to the stupid propaganda tricks than did the rest of the world'. Are they succumbing to Israeli propaganda now? Has the public learnt any lessons from Iraq?
NS: I'm not sure if we learned anything from Iraq. It's still too soon. We're in the midst of saying goodbye to a most unpopular war president whose favourability is at an all-time low of 22 percent. I think most of us don't know whose propaganda is more credible.
*Miren Gutierrez is IPS Editor in Chief.


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10/10/2016 · If you want to become a millionaire, the best way that you have to change your mind, you should learn how to invest money effectively, then you practice to with small business. Stick to the money.
The table shows how much you need to invest monthly in order to become a millionaire. The monthly investable amount depends on the annual rate of return and the time horizon.


[Jaz] Hey yo, what's up, Jay Zee?
[Jay] Yo, what's up, Jaz?
[Jay] We have none of that, alright?
[Jaz] Guess you'll tune in later, right?
Rhymin until you fall dead?
Found a mistake in "The Originators" song lyrics? Please correct it!
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text:
Tampons Don't Detect – Time
Aygen 2 months ago 2 min read
Partial relief at Tor Vergata Polyclinic in Rome, where a suspected case of the new Omicron variant of Sars-CoV-2 was later revealed to be not Omicron, but an atypical delta type. Experts from the Capitoline facility are urging people to keep their attention high for the risk of misleading diagnostic test results, such as Omicron. An unvaccinated patient admitted to the respiratory unit at the Tor Vergata Clinic – reads a note – was positive for the first time on the molecular test as of November 25 on two targets (gene E and RDRP/S), but several times negative for gene N Then he tested positive for the Delta AY.4 variant with a double atypical deletion."
"The intuition of Professor Paola Rogliani, who is treating the patient – confirms from Tor Vergata, Professor of Microbiology and Clinical Microbiology, Francesca Seccherini Silberstein – was to order the sequence for a suspected atypical variant, such as the new Omicron. Thanks to the collaboration between the virology unit at the dispensary. The sample was processed and sequenced in less than 48 hours thanks to the work of the team, notably Maria Concetta Bellucci and young university graduates Greta Marchegani and Daniel Stella, under the supervision of Sandro Greely, Head of the Department of Virology in the Department of Experimental Medicine at the University of Tor Vergata. It has to be SARS-CoV-2 virus with a delta strain variant AY.4. On closer examination, a non-repetitive deletion at position 214-215 of the nucleocapsid was identified by Muhammad Al-Khatib, which could lead to a partially negative diagnostic test result.As in 4, the Omicron variant also has an atypical deletion in the N gene that deserves attention, as it may have repercussions in the outcome and interpretation of diagnostic tests."
READ Home, here's the EU's Energy Efficiency Plan. From 2030 the most polluting class G to F, the new zero emissions
"This aspect," or rather the potential implications of Sars-CoV-2 atypical variants on diagnostic tests, continues Ceccherini Silberstein, "will be investigated as soon as possible by collaborative studies within the recently funded European research project EuCare: European groups of patients and schools. To strengthen the response to epidemics, led by Italy, dedicated to clarifying some of the crucial and most controversial aspects of the Covid-19 epidemic, such as "the impact of variables in serological and / or molecular tests and vaccines currently in use".
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The KHS GmbH Supervisory Board has appointed Dipl.-Ing. Dipl.-Wirtsch.-Ing. Kai Acker as the new Executive Management Board Chairman, effective October 15, 2018. He will be responsible for the technology, development/production, and human resources areas.
Mr. Acker, born in 1968, is currently managing director at LEONI Special Cables GmbH, Friesoythe and director of the "Enterprise & Industrial Projects" segment. After training as a power electronics technician, he studied electrical engineering at RWTH Aachen University and completed MBA postgraduate courses at the Technical University of Munich (TUM).


On September 29, 2018, the 90th anniversary of the outstanding scientist, laureate of State Prizes, doctor of technical sciences and academician A.Kh. Mirzazhanzadeh will be held. In the honor of the jubilee the Scientific Research Institute "Geotechnological problems of oil, gas and chemistry" will organize international scientific-practical conference "Khazarneftgazyatag-2018".
The conference purpose is: attraction of large audience of scholars and specialists from international scientific, industrial and academic organizations, representatives of State authorities for the experience exchange and discuss the development of the oil industry in the light of the public policy of Azerbaijan, and problems in exploration of oil, gas, drilling and hydrocarbons production in line with modem approaches, as well as discussion of papers and scientific-practical research works of foreign experts.
Drilling in depression and balance.
Application of non-Newtonian systems in oil and gas fields' development.
The theses and papers should be introduced in duplicate and on CD.
about inclusion of the papers in the program of the conference.
Baku, Dilara Aliyeva ave. 227, (ASOA) "GPOG&Ch" SRI, Mammadova Z.A.
For the complementary information do not hesitate to contact above mentioned address.
Fax: (+99412)493 4378 Mammadova Z.A.


Remember the good old days when a top Silicon Valley executive leaving the Bay Area to join a certain large software company in Redmond, Washington, was not exactly news? More often the past few years the travel has been in the other direction, from Seattle area companies to a certain large search-engine company in Mountain View.
Juniper Networks after one year to take over as the top executive of Microsoft's business software division.
The move will actually cut down Elop's commute to work. He lives in Canada.
Maybe Microsoft put up a sign on the roof of its headquarters that read "If you worked here, you'd be there already" that Elop might have seen on one of his regular commutes down to the valley.
That's right, Elop was commuting from Canada to Silicon Valley these past two years, and doing it on his employer's dime. First at Adobe Systems, which bought his previous employer Macromedia in late 2005. Adobe paid out $145,149 to cover Elop's commuting from Canada in 2006.
After he had been working at Adobe for about six months, Elop told the company in June 2006 he'd be leaving, setting his departure date as Dec.5, one year to the day since he had been hired. For his year of service, Elop was paid a $500,000 salary and $315,000 bonus. Oh, and got a $1.88 million severance payment, on top of that. And all of his restricted shares vested when he left, despite the original performance strings that had been attached to them.
At Juniper, where Elop resigned on Wednesday — also one year to the day from when he started — he was guaranteed $200,000 in additional "relocation reimbursement and benefits" plus "reimbursement of travel costs between his current home and Juniper's offices in Sunnyvale." That was in addition to his $540,000 salary.
Not coincidentally, we suspect, Wednesday was also the day the first installment vested of a 300,000 option award given him when he was hired in January 2007. Juniper had a very good 2007, with its stock price rising 75 percent last year. The 75,000 shares of his option grant set to vest Wednesday were priced at $20.23, making them worth $794,250 that day.
He starts at Microsoft at the end of the month. Mark the date. You know Elop will.
And he is still there. Looks like you were wrong. Doesn't surprise me.
Today is the time for the BIG move. Let's hope that he makes a good job.
have to give Jack Davis and Johnny Fairplay kudos. Mark the date again – Sept 2010. No chance of him commuting to Canada this time.
Pretty loyal to MS still even after poisoning Nokia.
Well, 2+ years at MSFT before destroying NOK is pretty reasonable given his track record. The question is… will he finish 1 year @ NOK before they eject him?


text:
Is Almond Butter Really All That Better for You Than Peanut Butter?
113.3K Views 5 years ago
By Annalisa Palmer
The Federal Food and Drug Administration claims that eating 1.5 ounces of nuts daily may reduce your risk of heart disease. Including nuts in your diet in the form of "butter" is usually the best and most delicious way of getting your nuts in for the day. But which is better, almond or peanut butter? Let's evaluate.
Almond butter is super rich in vitamin E and many trace minerals. As far as protein content is concerned, almond butter and peanut butter are relatively close, but peanut butter definitely has more – an ounce (28g) of almond butter has about 4 grams of protein, while the same amount of peanut butter has 7 grams. Products differ, but generally, because peanuts are legumes, they have more protein; however, if you follow a diverse, plant-based diet, you should have no problem getting enough protein!
When it comes down to the nitty gritty, the nutritional profile of almond butter appears to be more diverse and nutrient-dense than peanut butter. A mere ounce of almond butter has an amino acid score of 66, around 5.9 grams of carbohydrates, 1.0 gram of fiber, 177 calories, 10.7 grams of monounsaturated fat, 3.5 grams of polyunsaturated fat, 118 mg of omega-3 fatty acids, 3326 mg of omega-6 fatty acids, riboflavin, niacin, folate, pantothenic acid, calcium, iron, magnesium, phosphorous, manganese, copper, and many other important minerals.
Peanut butter has an amino acid score of 52, which is down 16 points from almond butter. What's also lower in peanut butter is the amount of monounsaturated fat, polyunsaturated fat, and omega-3 fatty acids which are all "good-for-you" fats. Peanut butter also has a lower vitamin E, riboflavin, niacin, calcium, zinc, copper, and manganese content than almond butter, so if you're looking to up your mineral intake definitely choose almond butter over peanut butter. Peanut butter still has some good points though, so don't diss it yet! This creamy favorite has more calories from protein than almond butter and lesser calories overall per ounce (166 calories rather than 177 calories in almond butter). Plus, peanut butter has around 300 more milligrams of omega-6 fatty acids than almond butter.
According to registered dietician Kimberly Snyder, peanuts are more susceptible to salmonella and aflatoxin contamination, because they're legumes with soft, permeable pods rather than hard, protective shells like conventional nuts. This doesn't have anything to do with pesticides or herbicides –just the nature of the peanut and how it's formed, so even organic peanuts and organic peanut butter are susceptible to contamination. It's important to note, though, that almond butter is susceptible to salmonella poisoning too, and recently, Trader Joe's recalled almond butter after a salmonella scare. But almond contamination does not have to do with the nature of the nut, since almonds have a hard outer shell.
As you can see, almond butter and peanut butter are like long lost brothers in a way – you can choose between the lower calorie and higher protein brother or the hard-shelled, mineral-rich brother. Just make sure that before you pick up your date with Mr. Peanut or Mr. Almond, read online for salmonella contamination warnings to be sure that neither of them are contaminated. We're looking at you Mr. Peanut, since you are notorious for your aflatoxin and high allergy warning! While you're at it, check out these amazing recipes from fellow Green Monsters that feature peanut butter or almond butter, and get cooking!
Image source: How to Make Homemade Almond Butter
BJ, (adjusts glasses), who the heck cares? The comparison is between PB and Almond Butter, which are interchangeable products to most people. So it is \'absolutely\' a valid comparison.
Peanut is not a nut, it\'s a legume. This is a false comparison:
The peanut or groundnut (Arachis hypogaea) is a species in the family Fabaceae (commonly known as the bean, pea or legume family).


Our model is wearing a size 8.5 He is 183 cm tall, has a 96 cm chest and 77 cm waist.
Model: He is 183 cm tall, has a 96 cm chest and 77 cm waist.
Model wears: Size Our model is wearing a size 8.5 He is 183 cm tall, has a 96 cm chest and 77 cm waist.


O God, You make the minds of Your people to be of one will. Grant that we may love what You have commanded and desire what You promise, that among the many changes of this world our hearts may be fixed where true joys are found; through Jesus Christ, Your Son, our Lord, who lives and reigns with You and the Holy Spirit, one God, now and forever. Amen.


text:
Cowichan Secondary School students Madeline Moraz, Arica Windsor and Victoria Chumsa-Jones made a presentation to the council in North Cowichan on June 6 asking that at least one sidewalk in front of the school be painted in rainbow colours. (Robert Barron/Citizen)
Duncan students allowed to proceed with rainbow crosswalk at school
North Cowichan supports project despite concerns about cost, vandalism, safety, setting a precedent
At least one crosswalk in front of Cowichan Secondary School on James Street will soon be be painted in rainbow colours.
North Cowichan's council made the decision at its meeting on June 6 after a delegation from the school's Rainbow Club asked that the project be considered to show respect and tolerance for others.
But the request faced a long debate at the council table, with some council members expressing concerns around costs, public safety and other issues before the motion was finally passed.
Rainbow crosswalks have become associated with acceptance of the lesbian, gay, bisexual, and transgender community in recent years in many communities around the world.
Students Victoria Chumsa-Jones, Arica Windsor and Madeline Moroz asked that consideration of their request be expedited to allow the painted crosswalk(s) to be completed by the end of the school year.
Coun. Tom Walker commended the students for making the requests, but asked what they intended to contribute to the costs of paint and maintaining the crosswalks.
"I've looked into the costs of painted crosswalks in other municipalities on the Island, and they usually cost local governments about $1,500 each just to paint them," he said. "Some of these crosswalks have also been targeted by vandals so are you organized enough to repair them when required?"
RELATED STORY: RAINBOW CROSSWALK VANDALIZED
The students responded that they were prepared to help with costs of the painting and work with municipal staff to paint them, as well as maintaining the crosswalks when the painting is complete.
Coun. Joyce Behnsen said James Street is a busy public road and expressed concerns around a multi-coloured crosswalk becoming a distraction to drivers.
"I'd rather see it on a lower-use road," she said.
Teacher Mike Moroz, who was with the delegation from the school, said the choice of James Street as the location for the crosswalk(s) was intentional because it is such a busy road and a centre of the community.
"We hope that it won't be too distracting, but it is a school zone and traffic is expected to move slower there," he said.
"We could put them in an area with less traffic, but the overall value of the project would be lost."
Mayor John Lefebure said he thinks brightly painted multi-colour crosswalks would actually be an enhancement to safety because drivers would see them from far away.
Coun. Al Siebring said council has a policy of not endorsing specific causes through proclamations and he's concerned about the implications of using the municipality's infrastructure to send messages like this to the public.
"I mean no disrespect to this group, but if we do this for one, then we would be expected to do it for all," he said.
"I fear that we would be opening ourselves up to human rights challenges. I feel rushed into making this decision without a staff report."
Lefebure said all groups have the right to come forward and make requests, and each would be considered on its merits as the request for the painted crosswalks was.
A motion to have staff work with the school to install the painted crosswalks was passed in a 5-2 vote, with Siebring and Behnsen opposed.
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