text:
Constitutional Conference Continuing Committee of Officials, Working Papers on Foreign Relations (5 February 1969)
By: Québec
Citation: Constitutional Conference Continuing Committee of Officials, Working Papers on Foreign Relations (5 February 1969).
Footnotes have been renumbered for this HTML version.
CONSTITUTIONAL CONFERENCE
CONTINUING COMMITTEE OF OFFICIALS
WORKING PAPER ON
Notes prepared by
the Québec Delegation
Québec, February 5th, 1969.
NECESSARY EVOLUTION OF CANADIAN FEDERALISM
Institutions are a sort of mirror held up to the era which gives them rise and permits them to function. They reflect the different forms which man imparts to society, depending on his conception of how life should be organized and what its goals should be.
Because they express ideas and needs which are more or less closely associated with moments in history, institutions are constantly subject to change, just like the realities which determined their shape.
1. Federalism
Federalism is no exception to this law of change. It is even safe to say that, because of the greater degree of participation in public affairs which its complex structures exact from citizens, the federal system is more sensitive to economic and social evolution than any other form of political society, and more amenable to solutions dictated by circumstances.
In fact, federalism varies from age to age from country to country, offering a broad range of options compatible with its fundamental requirements. The nineteenth century, which witnessed the rise or consolidation of the first modern federal systems, produced no identical forms. During the twentieth century, which saw the expansion of federalism throughout the world, this diversity was further increased. At the present
time, twenty-odd states, including seven of the world's eight largest countries, have federal systems, yet no two of their constitutions are alike. More importantly, turning to the exercise of international powers, we find a variety of situations, ranging all the way from absolute centralization to genuine participation by the member-states. Examination of federalism's historical evolution and the way in which it new functions would seem to justify Marcel Prélot's finding that "there is a federalism for every era, for every people, for every ideology".1
To be sure, federalism is not proof against violent crises. Moreover, several federations have been dissolved during the last decade. However, largely because of the close relations which the constituent parts of a federal state customarily maintain with one another, they can usually manage to find solutions to their problems in time to prevent their association from breaking up.
2. Canadian federalism
Canada's federal system is just over a hundred years old. It came into being for a number of reasons, one of which – the failure of Union government – contains lessons we are prone to forget. When Canada first became a federal state, her needs were a very far cry from what they are today. Accordingly, her international dealings were made subject to imperial authority and there was no reason to expect that, a half-century later, Canada would be called upon to assume her own responsibilities in world affairs. However, the
British North America Act contains no reference to international powers; this explains why it has been a source of constitutional difficulties which neither judicial rulings nor constitutional practice have yet succeeded in removing.
Canada entered the world stage at a time when intern national affairs were taking on a new dimension. After a long period of being limited to questions of war and peace or diplomatic and commercial exchanges, international relations had begun to branch out, to encompass social and cultural problems, new interests borne out by the creation, between the two world wars, of the International Labour Organization and the International Institute of Intellectual Co-operation.
Soon after the Second World War, the Government of Canada decided to play a more inmortant part in world affairs. Accordingly, it joined a large number of international organizations of which some, being of a social and cultural nature, pursue ends more properly associated in Canada with the federated states. More recently, Canada has extended her membership to still other intergovernmental bodies and some of these, such as the International Bureau of Education, deal with matters completely outside the central government's legislative sphere.
This generally increased participation by the Government of Canada in the work of international organizations coincided with Quéhec's need to assumw its powers to the full. Thus Québec has been led to organize with certain countries – particularly those whose language and culture are French – ex-
changes it considers indispensable in order to exercise its powers under the constitution. This occasionally parallel activity carried on in the same fields by Ottawa and Quebec has caused some confusion abroad; even more serious, it has generated internal tensions and misunderstandings which it is important to resolve.
We would do well to remember that Quebec is not the first province to seek a measure of international capacity. More than thirty years ago, before the Judicial Committee of the Privy Council, the Attorney General for Ontario put his case this way:
There are no grounds whatever for saying that the parties to advise His Majesty in matters relating to the jurisdiction of the Provinces have in some way come to be the Dominion Ministers. The Province has the right to advise the Crown in matters where its legislative powers apply. Ontario has a right to enter into an agreement with another part of the British Empire or with a foreign State.2
Since the last war ended, a number of Canadian provinces have had dealings with foreign governments or organizations to settle questions falling within their jurisdiction. No doubt more such contacts will be made. Because international relations now take in many matters formerly considered to be of purely local interest, it will become increasingly difficult for the membcr~statcs of certain federations to discharge their full constitutional obligations without entering into relations with other countries. Moreover, in so doing, federated states will merely be following the example set by professional and
labour organizations, commercial, industrial and financial enterprises, educational institutions, even municipalities, all forced by the growing interdependence of peoples into opening windons on the world so as to avoid falling into mediocrity and stagnation.
-II-
Before turning to the law to consider what solutions it may offer, we might well look at the facts and see briefly what Quebec's present international activities are so as to understand the needs they fill. we propose to examine these activities under the headings or international agreements, presence abroad, participation in international organizations and international development aid.
1. International agreements
As it is the case for most other provinces, Quebec has always felt free to enter into agreements with foreign governments in matters within its jurisdiction. As examples, we may refer to the agreements concluded with some ten American States on trucking and to the reciprocal arrangements with the United Kingdom, Northern Ireland, Trinidad and Tobago on succession duties.
However the best known of these agreements are those which Quebec signed, in 1965, with the Government of the French Republic – one on education and the other on culture. A protocol was added to the first agreement in 1968, setting up the Office Franco-Québécois pour la Jeunesse. There is also an agreement signed in 1964, calling for co-operation between our Education Department and a guasi-publie French organization known as ASTEF (Association pour l'organisation de stages en France). These different agreements are implemented by a body of officials appointed by the two governments
and called Commission permanente de coopération franco-québécoise; in principle, it meets twice yearly to review progress and fix the final details of future programmes.
Since the beginning of the ASTEF agreement in 1964 299 stages and missions were organized in France and 369 in Quebec (total 668); these exchanges covered various technical fields; electric power, engineering, electronics, planning, etc.
Another type of technical exchanges made it possible, in 1968-69, for Quebec to receive some 103 coopérants an titre du service national; Franco-Québec seminars were organized; stages were made in Ecole nationale d'administration and in Ecole natianale de santé publique; other stages were organized for journalists and research programs were carried in many fields: Northern Quebec development, hydrology, geology and mines; land and rural development, tourism, urban planning… In the last nine months of 1968, 188 Quebec experts have received invitations and bursaries from the French government; on the other hand, the French government sent to Québec some ten missions.
The agreement for cultural cooperation was instrumental in bringing to Québec a dozen outstanding exhibition from France, while a number of our exhibitions travelled to France.
Important book exchanges took place and a start was made on reciprocal arrangements for the deposit of duty copies of books between Québec and France National Libraries.
Quebec has taken part in the first Biennale de la langue française, and has been host to the second; it has participated in the creation of the Conseil international de la langue française and has organized several seminars for linguists from French-speaking countries.
In the field of education, where the cooperation has been remarkably close, the exchanges of experts go back to 1965; the number of participants reaches 414, of which 173 (i.e. 42% of the total) took place in the last nine months of 1968.
In addition to the 103 aides under the service national, referred to above, 312 came, in 1968, to teach in Quebec institutions. In all, since 1965, 669 coopérants came to Quebec.
More than 500 university professors were exchanged between France and Quebec.
Since l965, Quebec institutions were attented by 295 French scholars; and 277 young Québecers went to France under French government's scholarships.
Thus, more than 2000 teachers and students, both from France and Quebec, were able to benefit from the development of Franco-Québec cooperation either through missions, stages or scholarships.
Finally, under the sponsorship of the Office Franco-Québécois pour la Jeunesse, created in 1968, a thousand young Québecers went to France and a like number of young Frenchmen came to Quebec; it is hoped that in l969-70, these numbers will be doubled.
It will be obvious to anyone reflecting on these many and varied exchanges, whose numbers grow with each passing year, that such agreements can make a substantial contribution to the development of Quebec, and of her human resources in particular. In fact they have become an important instrument for carrying out our policies respecting education and culture. They also represent a concrete effort to brean the cultural isolation in which events have contrived to keep Quebec for two hundred years. In their fashion, tailored to the French way of thinking, they provide Quebec with the same kind of cross-fertilization from Europe as the other Canadian provinces have always received from the British Isles.
Finally, the very nature of these agreements, whose exact substance is determined annually by the Commission permanente to which we alluded earlier, explains why the Quebec Government must be a direct party to them and cannot agree to participate in them with the federal government as go-between. All these exchanges require an intimate knowledge of governmental machinery and educational institutions. Before anything can be done, needs have to be determined and priorities set, which entails carrying on discussions with departments and teaching establishments; then the entire programme has to be negotiated each year with the French authorities; this done, funds have to be appropriated and results asses:ed. Now, in accordance with the constitution and the nature of thinas, only the Quebec Government is competent to perform this task. For example, the federal authority would not be able to weigh the need for kindergarten teachers or assess the professional compe-
tence of educators from France without leaving the whole question to the Quebec Government or ovorstepping the bounds of its constitutional powers. In other words, only the Government of Quebec has both the practical information and the constitutional responsibilities needed to negotiate and implement this type of agreement. This being so, it is to be wondered why she should not Sign them in her own right, subject to rules agreed upon by both levels of government.
2. Presence abroad
Like the other Canadian provinces, Québec has an Agent- or Delegate-General in London; she is similarly represented in New York and Paris, maintains an office in Milan, will soon open one in Chicago and in other American cities.
Like the representatives of other Canadian provinces and Commonwealth federation member-states, Quebec's Agent-General in London enjoys a status similar to that of a consul general, conferred by act of Parliament. The Paris Delegate-General is granted most diplomatic immunities and his staff, consular privileges. In New York, the Quebec De1egate-General enjoys a special status granted to a certain category of foreign agents.
The existence of Quebec representatives and offices abroad has never been a cause of serious controversy. Besides, the practice is one of long standing.
3. International organigations and conferences
In the past, through her ministers and officials serving as members of Canadian delegations, Quebec has participated
in the work of many international conferences and organizations. Large numbers of Quebec citizens and associations also contribute regularly to the achievements of other international bodies which are not strictly governmental. This applies to several of our departments, commissions or state enterprises.
In February 1968, for the first time, Quebec participated directly in a government-level international conference. At Gabon's invitation, our Education Minister attended the enlarged Conference of Education Ministers from French-speaking countries in Africa and Malagasy, held in Libreville. when the same conference was continued in Paris in April 1968, Quebec was again represented.
In January 1969, just as she had the year before, Quebec took part in the second meeting of this expanded conference, this time in Kinshasa. Since Canada was also invited to this session, the Quebec delegation joined the other representatives of the Canadian federation,at the place of the meeting, although remaining duly identified.
Quebec has also accepted an invitation from the President of Niger to attend the conference of la Francophonie to be held soon in Niamey.
4. International development aid
The number of Quebec people now at work in countries on-the road to development is impressive. Some are there as members of missionary orders, others as teachers or specialists under various external aid programmes. Manstudents from those countries hold bursaries at Quebec universities.
At present, the federal government undcrwrites most of this technical aid, although Quebec makes an appreciable contribution. Indeed – to mention but two examples within the framework of federal programmes – Quebec recruits most of her own teachers and experts whom the Canadian International Development Agency (formerly the External Aid Office) sends to other lands, and absorbs the indirect costs of having many foreign students in her institutions of higher learning. In addition Quebec, on her own initiative and at her own expense, has set up several still-modest programmes for co-operation with certain French-speaking African countries, and in particular in Rwanda and in Gabon. Moreover, Quebec makes a financial contribution to agencies such as l'Association des Universités partiellement ou entièrement de la langue française(AUPELF), le Fonds internationaZ de coopération universitaire (FICU) and Ze Centre africain et malgache de l'enseignement supérieur (CAMES).
5. Other activities
Finally, Quebec participates directly in many cultural or technical international activities. Thus, like several other provinces, she plays an active role each year in a number of European or American fairs and expositions. In September 1968, she accepted an invitation from the Czechoslovak government to take part in the theatre quadrennial at Prague. lt would be possible to list numerous other instances of Quebec's constant Contact with the outside world.
-III-
THE LEGAL ASPECT
Now that we have reviewed the scope of Quebec's international activities, we can examine their legal implications from the points of view of international law as well as Canadian constitutional law.
1. International law
It can never be sufficiently repeated that Quebec's entrance into this field raises no special problem in international law, which, in such matters, abides only by the internal law of the country concerned. If, for example, a federation's constitution permits its member-states to make treaties with foreign countries, sdch treaties are perfectly valid in the eyes of international law. This is explicitly acknowledged in the draft articles for the codification of the law of treaties prepared by the International Law Commission of the United Nations in which Article 5 reads:
1. Every state possesses capacity to conclude treaties.
2. States members of a federal union may possess a capacity to conclude treaties if such capacity is admitted by the federal constitution and within the limits there laid down.3
It is therefore each country's constitutional provisions which determine the powers of its constituent parts. Quite logically, international law merely takes note of such provisions and draws the practical conclusions to which they give rise. Moreover, this point is not at issue, since the federal government accepts it as basic in discussing this matter in its white paper, Federalism and International Relations.4 We must now turn to the Canadian constitution.
2. The Canadian constitution
The Canadian government has sought to show that under Canada's present constitution only the Government of Canada has the power to make treaties at international law. We do not accept this conclusion and we explain why below. We wish however to state that even were this true under the present constitution, it should be otherwise in the new constitution, which, as the Quebec Government has asked, should explicitly recognize the right of the States to make agreements with other countries in fields where they have internal jurisdiction. In other words, since constitutional revision is now under way, a purely legal discussion of how the law now stands loses some of its importance. It may indeed be useful to agree on the present rules of law if only to avoid constant differences, but it is even more important to agree on what should and will be the law when we have our new constitution. with this in mind, we approach our study of the present legal situation.
There is no constitutional provision or judicial authority to support any exclusive federal treaty-making power. No-one questions the fact that the British North America Act makes no allusion to this matter; in reality, the whole debate is centred in the interpretation to be given to certain court decisions.
The federal government's argument rests entirely on the Labour Conventions case of 1937. In its view, this case shows "that the authority to enter into international agreements resides exclusively with the federal authority."5 As a matter of fact, the federal government here bases itself less on the Privy Council decision than on that of the Supreme Court judges; in this case, it assures us, " … the judges of the Supreme Court of Canada explicitly recognized that the Canadian Government could enter into treaties on all subjects, and the Judicial Committee of the Privy Council, which was the final court in that case, did not challenge this opinion."6 The last part of this statement is not accurate. Actually, in its decision the Privy Council,first of all,came to the conclusion that it was not necessary to decide on the treaty-making power in order to determine the power to implement treaties, and it unequivocally stated that it had no intention to give an opinion on the power to enter into treaties and that it would leave this point undecided.
Reverting again to the original analysis of the contentions of the parties, it will be seen that the Provincial contention 1. (b) ("That the Canadian Government had no executive authority to make any such treaty as was alleged"7 relates only to the formation of the treaty obligation, while 1. (c) has reference to the alleged limitation of both executive and legislative action by the express terms of the treaty. If, however, the Dominion Parliament was never vested with legislative authority to perform the obligation these questions do not arise. And, as their Lordships have come to the conclusion that the reference can be decided upon the question of legislative Competence alone, in accordance with their usual practice in constitutional matters they refrain from expressing any opinion upon the questions raised by the contentions l. {b} and (c), which in that event become immaterial. Counsel did not suggest any doubt as to the international status which Canada had now attained, involving her competence to enter into international treaties as an international juristic person. Questions were raised both generally as to how the executive power was to be exercised to bind Canada, whether it must be exercised in the name of the King, and whether the prerogative right of making treaties in respect of Canada was now vested in the Governor~General in Council, or his Ministers … Their Lordships mention these points for the purpose of making it clear that they express no opinion upon them.8
Obviously, the effect of the Privy Council's opinion is to remove any character of judicial authority from the opinion expressed by certain Supreme Court judges regarding the treaty-making power. These opinions can, of course, be viewed as such, but cannot be regarded as having authority.
In the absence of any express constitutional provision or authoritative decision on this matter, we are obliged to fall back on the general principles of law. And indeed this is what the federal government does when it alleges in support of its contention the language of the Letters Patent issued to the Governor General in 1947 (RSC 1952 VI 305),
which, it claims, shows "that the foreign affairs prerogative is now exercised by the Governor General."9 Quebec, however, maintains that, with regard to exercise of the royal prerogative, the language of letters patent cannot prevail over the constitution and that the latter implies an apportionment of the prerogative corresponding to the apportionment of legislative powers.
It is not difficult to show that the language of letters patent issued by the executive cannot prevail over the constitution. Were this not the case, the executive would have primacy over what the constitution states, which would amount to denying the constitution and the federal principle. Thus the courts have decided that, even though the Governor General's Letters Patent invest him with control over church benefices, this, in the light of our constitution, is null and void and that this power should in fact be exercised by the Lieutenant-Governer (Dos ex.dem. St. George's Church V. Cougle & Mayes, (1870) 13 N.B.R. 96). As much could be said about several powers listed in the Commission given to Lord Monck in 1867 which the courts have recognized as belonging exclusively to lieutenant-governors: licenses for marriages, letters of administration and probates of wills, custody and management of idiots and lunatics, and their estates. We may then conclude that the powers vested in the Governor General by the 1947 Letters Patent (which indeed are stated in very general terms and do not relate specifically to treaty-making) cannot prevent provincial governments from exercising
executive powers corresponding to their legislative competence.
In fact, there are two judicial decisions with a specific bearing on the distribution of the royal prerogative between the two Canadian orders of government, and both lead to the conclusion that the provinces can make treaties with regard to matters within their legislative capacities. The first of these was in the matter of The Liquidators of the Maritime Bank of Canada v. The Receiver-General of New Brunswick (1892 A.C. 437) in which the Privy Council laid it down that provincial governments enjoyed the powers of the royal prerogative inherent in their governmental status without further authority than the British North America Act. The second was Bonanza Creek Gold Mining Company Limited v. The King (1916, 1 A.C. 566) in which the Privy Council formally declared that the powers of the royal prerogative automatically followed concomitant legislative powers: " … the British North America Act has made a distribution between the Dominion and the provinces which extends not only to legislative but to executive authority…. The effet of … the British North America Act is that … the distribution under the new grant of executive authority in substance follows the distribution under the new grant of legislative powers." 10 It is hence quite certain that for matters within their competence, the provinces have both executive and legislative power and therefore possess, through the constitution, the right and the authority to deal with foreign affairs and to enter
into agreements in fields where they have jurisdiction. Indeed, a little further on in its decision the Privy Council reverts to the question and declares "that executive power is in many situations which arise from the statutory Constitution of Canada conferred by implication in the grant of legislative power, so that where such situations arise the two kinds of authority are correlative. It follows that to this extent the Crown is bound and the prerogative affected." 11
The necessary conclusion arising from this examination of Canadian constitutional law is that there exists no explicit text or authoritative judicial decision bearing directly on the treaty-making power. Yet applying to this matter the general principles governing the exercise of the royal prerogative forces us to conclude that, by virtue of the present constitution, the provinces enjoy the right to make treaties with other countries concerning anything that falls within their legislative capacity.
As the Quebec Government has already asked, the new constitution should make this power clear and beyond doubt.
-IV-
SOME SOLUTIONS
Having set forth the facts and the present state of the law, the Quebec Delegation believes that the real problem which arises between the federal and provincial governments comes from the fact that it has not yet been possible or thought desirable to set up_the machinery needed in order that the federated states may have relations abroad without running counter to the foreign policy of the country.
Here is therefore the machinery which the Quebec Delegation would like to submit to the consideration of the other members of the Continuing Committee.
A – International agreements
Negotiating and signing an agreement should not be dissociated from carrying it out. An agreement is made on the assumption that it will be applied. Consequently, there is no reason to deny the authorities expected to execute an agreement the right to negotiate and sign it.
Yet clearly, in a federal state, the constituent parts must arrange their exchanges abroad so that they will remain within the limits set by the federation's foreign policy. This is why it would be normal to recognize that before it concludes an agreement with another goverment, a federated State should make sure that what it proposes to do is not in conflict with foreign policy of the federation.
Thus the Quebec Delegation would like to propose that each State commit itself to communicate to the central government the terms of any agreements it wishes to make with foreign countries in due time before they are signed. Whenever the object of an agreement lies wholly within State jurisdiction, the federal government should examine the proposed text for the sole purpose of determiing whether it is compatible with Canadian foreign policy and, in case it withholds its approval, state its reasons for doing so. Whenever agreements relate to matters of joint jurisdiction, in which the federal Parliament has primacy under the BNA Act, the federal government could refuse its assent for reasons either of internal or foreign policy. Such a procedure would avoid all later complications in implementing an agreement.
As a general rule, Canada's assent should be conveyed to the interested State. However, there would be no objection to the central government's later informing the foreign country concerned.
Conversely, whenever the Government of the Union wishes to sign mu1ti-lateral agreements affecting matters under State jurisdiction, it should make sure beforehand of State co-operation by informing them of its intentions, keeping them posted on the nature and scope of the proposed agreements and associating them with the actual process of framing, negotiating and ratifying such agreements.
B- International conferences and organizations
The present speed and growing ease of communications joined to increasing awareness by individual countries of their common problems and interests will bring about more and more frequent international gatherings and, in the next few years, lead to the establishment of new intergovernmental organizations. We must also stress the increasing desire of French~speaking countries and communities to forge ever closer links between themselves. Moreover, it seems likely that relations between countries will be constantly more concerned with fields which, in Canada, come under provincial responsibility, and which, under the new constitution, are most likely to continue under State jurisdiction.
Just as it wishes to sign its own agreements relating to matters within its jurisdiction, the Quebec Government has already expressed its desire to participate directly and on its own account in meetings, conferences and international organizations which work in these same realms. Indeed, we are only dealing here with two sides of the same coin; one cannot be severed from the other. Then again, when we consider spheres under Quebec jurisdiction – especially education – the federal government lacks constitutional power, human resources and requisite experience to claim that it can adequately represent Quebecers or other Canadians.
Here, then, are the solutions that the Quebec delegation would like to propose in order to achieve the unity of the Canadian representation abroad without either the central government or the government of any State taking on in fact activities not hclongiuq to it constitutionally.
To be concrete, let us assume that, as happened at Kinshasa, an international conference of French-speaking education ministers is to take place. Here are the specific arrangements that could be made in this instance and later adapted to suit other similar cases.
1. Québec would send to the conference her own delegation headed by her minister of education or someone he names to take his place. So as to form the Canadian representation, the Quebec delegation would join forces with any delegations from other States attending the same conference. If necessary, federal officials could advise the Canadian delegates on foreign policy matters. For the sake of co-ordination, the Quebec minister would assume the chairmanship or, together with a representative from another State, the co-chairmanship of the Canadian group.
2. Quebec's Education Minister or his representative would speak on behalf of Quebec, except if the other delegations agreed that, in his capacity as chairman or co-chairman, he would express opinions shared by Canadian delegates as a whole.
3. Attendance by Quebec (and other States when represented) would be clearly signified by her name on the list of delegations, her flag displayed in appropriate places and at appropriate times – with due regard for the precedence normally reserved for the Canadian emblem – and the documents tabled in her name on issues within her jurisdiction. The consideration shown to Quebec's delegation (and those of other States when represented) would be similar to that granted to other delegations. Such an arrangement would accomodate the presence of one or more State delegations – the States being parts of Canada – within a single Canadian representation.
4. At conferences dealing with exclusively provincial matters, Canada's representatives should have as many votes as there are State delegations. Should the Canadian delegation have only one vote, it would be cast by the chairman or one of the co-chairmen; in case of disagreement between State delegations, the Canadian group should abstain from voting.
5. The minutes or records of the conference, or any other document of similar nature, would be signed by the chairman of Canada's representation; should there be co-chairmen, each would sign.
6. Invitations to such conferences might be sent directly to State governments; the State or States receiving an invitation would keep the federal authorities informed and measures would be taken along the lines described above. If an invitaa tion were extended to both the federal and one or more State governments, no special difficulty would be occasioned by such a circumstance. Finally, if the federal authorities were to receive an invitation intended for a State, they would simply forward it to the State concerned.
It seems to us that, even under present conditions, the solutions set forth above constitute a procedure that should be acceptable to all parties involved. Of course, it is impossible to foresee every possible situation, but one thing is certain: none must be presumed insolvable. What matters is that reciprocal consultation mechanisms be set up to cope with situations as they confront us.
The rules just discussed in connection with international conferences could also apply to international organizations
working in fields which are within provincial competence. we are fully aware that difficulties could arise in specific cases, but we believe that it would be possible to cope with them in the spirit of the arrangements suggested above.
C- External aid
Since the end of the Second world War, international solidarity in social and cultural endeavours has gained favour among governments, peoples, professional associations and individuals. Nowadays, rare is the state or the government agency which does not seek to promote all sorts of exchanges abroad, either to gain further knowledge or to pass the benefit of its experience to others. Technical co-operation has indeed become the classical approach used to harmonize the dependency binding nations together.
It should be kept in mind that, first and foremost, technical assistance must be the expression of mutual dependency between groups of people who grew from the same roots, share the same culture or are united by the same destiny. Whenever and wherever possible, political views should give way before considerations resting on human fellowship.
In Canada, both government sectors take direct interest in external aid. Since it plays a part in foreign policy, it is properly, in our view, the responsibility of Ottawa to shoulder the larger share of Canadian assistance to developing countries and co-ordinato its modalities. But central government responsibility should not serve as an excuse to overlook the fact that this is shared by the provinces – indeed, some already have their own programmes for co-operation with other countries. what is more, the human and institutional resources of the federated States are very often the power behind
Ottawa's technical assistance. To the extent that the federal government could not effectively pursue its humanitarian endeavour in any foreign country without assistance from the States, they obviously have a part to play in drafting and implementing Canadian policies on external aid.
With a view to safeguarding the interests of the provinces in the realm of foreign aid, the Quebec Delegation submits the following recommendations which take into account both existing constitutional arrangements and the desire expressed by the Quebec Government to completely fulfil its role in international co-operation.
1. The Canadian government should always consult State authorities before formulating programmes which call for participation by personnel or institutions under State administration.
2. Without prejudice to the right of the central government to accept or reject recommended applicants, the State government concerned should have full power to recruit teachers or civil servants from its own departments or agencies who are to work abroad within the scope of Canada's technical assistance programmes.
3. For the duration of his assignment to any foreign country, an applicant selected by State authorities should have formal assurance that he will not lose, in his State, the rights and privileges inherent in the practice of his profession.
4. Federal and State authorities should jointly establish conditions for terminating assignments, especially when the reason is the incumbent's presumed incompetence.
5. State governments should be'ahle to obtain from the host foreign institution all information required on the educational and professional conditions under which their teachers and civil servants will be working, as well as full details concerning the practice of their profession or the discharge of their duties. To this end, the States would send missions to beneficiary countries to secure educational and professional information, with or without assistance from federal teams operating in the same fields.
6. Finally, State authorities should be able to initiate certain programmes of their own for co-operation abroad after consultation with the federal governement.
D – Consultation mechanisms and constitutional reform
The Quebec Delegation is fully aware that despite the underlying principles and practical arrangements which it has suggested, the subject has not been exhaustively covered. Much remains to be said not only on the questions we have dealt with but also on international agreements, the status of State representatives in foreign countries, and so on. However, the Quebec Delegation hopes that the comments and propositions contained in this document will succeed in showing the direction in which solutions may be found to our present problems and in which the discussions towards a new constitution should proceed.
Despite all the concrete arrangements that may be reached, or perhaps because of them, the fact remains none the less that lasting mechanisms for reciprocal consultation must still be provided. Therefore, the Quebec Delegation would like to suggest the establishment of an intergovernmental liaison committee of government officials whose primary concern would be to provide the consultation and co~ordination needed between the two orders of government for applying the principles and implementing the arrangements described earlier. Thus, we could avoid needless confrontation and reciprocal suspicion and, at the same time, solve various problems as they come up in this ever-changing sphere of activity. The Quebec Delegation believes that such exchanges would facilitate mutual understanding, throw light on Canada's foreign policy and help greatly to remove the sting from a number of conflicts now stemming from mistrust or an inflexible conception of the part to be played on the international scene by each order of government.
State participation in the international community creates new problems for Canadian political institutions. The perfectly normal reaction is to wonder whether federalism can really adapt itself to such a development, so we look elsewhere for examples. we must bear in in mind however that the classical forms of federalism cannot be of great help in this case. For instance, there is little significance in the fact that relations with other countries were generally left to the central government at a time when such relations had to do mostly with war and peace or commercial exchanges. This is so because external relations these days increasingly concern education, culture and social issues.
Besides, we must recognize that when federalism is aimed at uniting already constituted nations – as some would hope it might do for Europe, Africa and Latin America – it has to come up with new formulas. For example, can anyone imagine France, Great Britain and the Federal Republic of Germany agreeing to form a federation without any guarantee that each nation would enjoy continued autonomy to take action, even at the international level, in matters vital to their respective cultures? Federalism is unthinkable in such cases if divided sovereignty does not extend to external relation. This is why the Canadian federation, if it can successfully test the formulas that make this division possible, might serve as a pattern for federations of tomorrow.
On the basis of her own experience, the Quebec Delegation has summed up in this document a series of propositions which it believes to be eminently reasonable. It trusts that they will become the subject of sympathetic examination likely to uncover a solution to this complex and delicate question.
1 Institutions politiques et droit constitutionnel, Paris, Dalloz, 1957, livre premier, 234.
2 (1937) A.C. 326.
3 United Nations. Reports of the International Law Commission on the Second Part of Its Seventeenth Session, January 3-28, 1966, and on Its Eighteenth Session, May 4-July 29, 1966", American Journal of International Law, 61, i (January, 1967), 265.
4 Ottawa: the Queen's Printer, 1968. Subsequent references to this work will use the short title Federalism.
5 Federalism, 14.
6 Federalism and International Conferences on Education, Ottawa: the Queen's Printer, 1968, 10.
8 (1937) A.C. 348-349
10 (1916) 1 A.C. 579-580.
11 (1916) 1 A.C. 587.
Committees, Government Documents, Public Papers of Intergovernmental Conferences
Constitutional Conference Continuing Committee of Officials, Propositions on the Constitution: British Columbia (February 1969)
Federal Provincial Constitutional Conference, Propositions Submitted by the Province of Nova Scotia (10-12 February 1969)


Tampa, FL -- Outback Bowl officials have extended its contract with the Southeastern Conference for six additional years through the January 2020 Bowl game. The agreement extends an 18-year relationship with the conference to play in Tampa at Raymond James Stadium where they will face a team from the Big Ten Conference. As part of the new agreements, the Outback Bowl will continue its New Year's Day tradition where it has been the past 25 years.
Officials have previously announced six-year extensions with title sponsor Outback Steakhouse and the Big Ten Conference.
The Outback Bowl has hosted an SEC vs Big Ten match-up in its game the past 18 years, and 20 years in all, during its 27-year history. The SEC holds a 12-8 advantage in those games, though they lead just 6-5 the past 11 years. The past four games were each decided in the final minute or overtime.


text:
NIKON'S NEW MIRRORLESS CAMERA TO BE ANNOUNCED NEXT WEEK, HERE ARE THE RUMORED SPECS
October 6, 2019 12:00 pm EDT
https://dailybayonet.com/the-2020-c8-chevrolet-corvette-full-specs-feautres-and-more-information/11804/
According to recent reports, Nikon can anytime announce a replacement mirrorless camera, the first APS-C model of the Z series. There hasn't been a lot of info concerning the camera up to now, but we now know more about the expected specs. And what's a lot of, the camera may be coming as soon as next week.
According to Photo Rumours, the Z50 will be the mirrorless equivalent of Nikon's D7xxx series of DSLRs. Design-wise it'll reportedly look terribly kind of like the Nikon Z1 example camera, like "a smaller version of the Z6/Z7." It will feature a rear screen that can be tilted downward for selfies, but it will reportedly not work with selfie sticks (oh, what a shame). Still, I believe that vloggers will find it useful.
The Z50 will allegedly feature a 20MP APS-C sensor based on the Nikon D500 DSLR, boasts 11fps continuous shooting, 4K video capability, a 3-inch flip-down touchscreen LCD for selfies, a single SD card slot, no IBIS, and a price tag of around $1,000 for the body-only or about $1,200 in a kit with a new Nikon Z 16-55mm f/3.5-6.3 lens designed specifically for APS-C sensors.
Read more : The '2020 C8 Chevrolet Corvette"- Full Specs, feautres and more information
Now for the prices: the body only could be priced around €900 in most European countries (around $980). The body with the 16-55mm lens can reportedly be €1,100 (around $1,200). As I discussed, the official announcement date might be just around the corner. It's reported to be ten Gregorian calendar month which is a week for now. So, let's wait and see.
Here are the specs that are reported therefore far:
20MP APS-C sensor (based on the D500 sensor)
Maximum shutter speed: 1/4000
Single SD card slot,3″ pivoted LCD
No IBIS
Fixed EVF (not removable EVF as represented within the latest style patents)
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redpajama_set_name: RedPajamaCommonCrawl


Corple Stays is located in DLF Phase 2, Sector 25, Gurgaon and is close to the Belvedre Tower Metro Station. It is well connected as it is right behind MG road where a number of malls and shopping stores are located. All important banks also have their branch on this stretch. The hotel provides amenities like free Wi-Fi, AC, TV, power backup, and card payment. There is an array of restaurants nearby like Threesixtyone at The Oberoi, Bikanervala, and Downtown Kitchen & Bar.


** SELLER WOULD ALSO CONSIDER LEASING BAYS ** A new developer has created these commercial condo bays which have a large overhead door at the back and man door entrance on the front, Builders size 75 x 30 ft bays, 22 ft ceilings, infloor heat throughout the main level and in the 603 sq ft mezzanine. Roughed in 2 piece plumbing for main floor and up in the mezzanine. Bays also have a sump pit, 200 amp service, fire alarm system and sprinkler system. Great access to Calgary, Cochrane and Airdrie being right next to the corner of Hwy 22 and 567. The walls between the bays were designed so a double door could be put in between two bays if a buyer wants to buy more than one bay and access all the space as one. There are 7 bays available. One does not have a mezzanine. Call to book a viewing today. We have possible floor plans for the office space. Call for a copy or ask your Realtor to pull one offline for you.


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text:
Requirements for a new president
We are in the middle of three roaring currents. The first is the gigantic vortex of democracy and market economy crashing into globalization. The second is the torrent from the United States as Donald J. Trump's era is about to begin. The third is the muddy stream of President Park Geun-hye. When the three currents meet, Korea may fall into a catastrophe beyond recovery. And we desperately need a new leader who can wade through the currents.
A new president, or a prime minister if the constitution is amended for a parliamentary government, must have the following qualities:
First, the new president must have a plan for democracy and the market economy in the era of globalization. Democracy and market economy are the most important systems of the society. However, globalization has made the harmonious working of the two systems more difficult. State-level democracy cannot control globalized economy.
Globalization is bringing markets around the world into one. If only a limited number of people can produce goods that are in high demand in the global market, their incomes would skyrocket. In contrast, the people with simple skills can be replaced by foreigners, their income level would not increase, and their job security is threatened. In one country, income disparity grows, and the income of the parents affects their children as well.
Consequently, voters would demand redistribution of income. But raising tax on businesses and the wealthy would make them relocate as globalization has enhanced their mobility. This is the root of Trump's victory in the United States and the UK's decision to leave the European Union. In the end, there are no clear answers aside from system reform and enhanced sense of community. If the new president cannot address this properly, Korea will be adrift — politically and economically.
Second, the new president should be able to respond to America's changes as a result of Trump's election. Key exports of the Trump administration would be confusion and uncertainty. We would experience shockwaves over economic and North Korean issues. If Trump raises tariff barriers against China as he promised during the campaign, it would lead to a rise in consumer prices in the United States, consequently lowering the real purchasing power of American households, especially the lower-income class that supported him.
While he promised a low interest rate policy, he also promised increased spending on infrastructure. When American voters are disappointed by the president for failing to fulfill his campaign pledges, the political pressure could spread to Korea-U.S. FTA, renegotiation of defense costs for the U.S. Forces in Korea and the designation of currency manipulation.
The North Korean issue is of extreme importance and requires thorough preparation. If not, we may waste several years without making progress in denuclearization as Trump believes he can solve problems by talking with Kim Jong-un over hamburgers. Or, if North Korea continues with nuclear and long-range missile tests, the United States may pursue very hardline policies, including military actions.
Unless Seoul prepares realistic and convincing North Korean policy and communicates with the Trump administration, not only would resolution become remote but also a serious discord between Korea and the United States may occur. The new president must have a detailed plan on the priority of sanctions, pressure, engagement and exchange, and denuclearization and normalization.
Third, Korea needs someone who is honest and transparent. Those close to President Park Geun-hye committed corruption and illegalities in all possible areas. The state administration was hardly transparent. Moreover, the president lied to the citizens in her first apology as if she only got help with speech editing. However, not many people believe that the prosecutors will expose the full truth. It is a colossal crisis of trust. To overcome the crisis, an honest person who can transparently execute democratic procedure must become president and build trust.
Honesty is the source of trust, and trust is the basis of democracy and market economy. When people cannot trust the president, the representative democracy collapses. Without trust, there would be no transactions, businesses or investment.
The economic price of distrust is tremendous. The incumbent president betrayed trust that resulted in at least millions of won of invisible taxes on each citizen. She took away potential jobs from young people. Average citizens feel betrayed after trying so hard to abide by the anticorruption Kim Young-ran law to create a transparent society.
At this rate, the political crisis may spread into an economic crisis and national crisis. Before a new lineup of the Trump administration is complete, a capable, wise and honest person should become the new president of the Republic of Korea.
Translation by the Korea JoongAng Daily staff
JoongAng Ilbo, Nov. 17, Page 35
*The author is an economics professor at Seoul National University.
Building pressure on ChinaWhat's Korea's choice?


text:
Kid Cudi launches the main theme of the Sonic The Hedgehog 2 film
March 27, 2022 madfleurLeave a comment
Kid Cudi has launched his new song, Stars in the Sky, which serves as a musical theme for Sonic the hedgehog 2. Paramount is putting a lot behind this movie, which is not a big surprise after the incredible success of the first film. The new film has received several fun promotions, all kinds of toys and much more. The study is clearly trying to maximize your efforts as best as possible to ensure that Sonic becomes even more conventional than it is already and it seems that it is working. The acclaimed rapper Kid Cudi recently made fun of a new song that he had produced for Sonic the hedgehog 2 and now, finally is here.
Kid Cudi has launched Stars in the Sky, a new song inspired by Sonic the hedgehog 2. The song is available on several transmission platforms now and a music video is available on YouTube. The video shows Cudi making team with Sonic to defeat Dr. Robotnik by Jim Carey. It combines images of the next film, but also funny pixelated side scrolling pieces that are clear tributes to the original games. Surprisingly, the song is also a success and fits well with the heart of sonic the hedgehog 2.
Critics have praised the film for their performance, respect for the original material and their heart and humor. Approximately two weeks are still missing for the movie, but the enthusiasm for the film is palpable. Paramount has already given green light Sonic the 3 __ hedgehog along with a new derivative program focused on Knuckles, which seems to indicate that the study has an immense confidence in the new film. The first film was a big surprise, since video game adaptations tend to be mixed and there was controversy about the Sonic design before the launch of the film. However, it became a giant movie at the box office and continued its momentum in home videos after the cinemas temporarily closed in March 2020.
Will you be watching sonic the hedgehog 2? Let me know in the comments below or contact me on Twitter @Cade_ONDER.
Cudi, film, Games, Hedgehog, Kid, Kid Cudi, launched Stars, musical theme, Sky, song, Sonic
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I have always known I have a pen addiction. Recently I've been organizing things. This is just one of the many containers of pens I have. I like colors, as you might be able to tell.
Some might say it's a problem.


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text:
Control of rentals
§ 85-a. Selection of tenants and occupants. 1. The dwellings in a
housing company project, other than a mutual project, shall be available
(a) If such project was completed or acquired on or after July first,
nineteen hundred fifty-five, for persons or families whose probable
aggregate annual income at the time of admission does not exceed seven
times the rental (including the value or cost to them of heat, light,
water and cooking fuel) of the dwellings to be furnished such persons or
families, except that in the case of persons or families with three or
more dependents, such ratio shall not exceed eight to one;
(b) If such project was completed prior to July first, nineteen
hundred fifty-five, for persons or families whose probable aggregate
annual income at the time of admission does not exceed seven times the
rental (including the value or cost to them of heat, light, water and
cooking fuel) of the dwellings to be furnished such persons or families,
except that in the case of persons or families with three or more
dependents, such ratio shall not exceed eight to one;
(c) In the event that the income of a person or family residing in a
project increases and the ratio to the rental of the dwelling becomes
greater than prescribed by law for admission or in this subdivision,
whichever is greater, and the income is not more than fifty per centum
above the income so prescribed for admission to the dwelling and such
increased income continues for a period of three months or more, the
housing company may permit such person or family to continue to remain
in occupancy provided the housing company is convinced that such person
or family cannot secure other safe and sanitary dwelling accommodations,
or by reason of other facts the removal of such person or family from
the project would occasion other undue hardship to such person or
family. However, such person or family shall pay a rental surcharge in
accordance with a schedule of surcharges promulgated by the company with
the approval of the commissioner and in no event shall such removal be
effected against any person or family which was in occupancy prior to
July first, nineteen hundred eighty-three;
(d) In the event that the ratio of the income of a person or family to
the rental of the dwelling becomes greater than that prescribed by law
for admission or in this subdivision, whichever is greater, and is more
than fifty per centum above the income so prescribed for admission to
the dwelling and such increased income continues for a period of three
months, the housing company shall require such person or family to
remove from the dwelling and may take such steps, including summary
proceedings, as are necessary to effect the removal of the person or
family. A three months' period shall be given such person or family to
find new accommodations. Pending removal from the dwelling, such person
or family shall pay a rental surcharge in accordance with a schedule
promulgated by the company with the approval of the commissioner. In no
event shall a removal otherwise authorized by this paragraph be effected
against any person or family which was in occupancy prior to July first,
nineteen hundred eighty-three.
2. The dwellings in any mutual housing company project shall be
(a) In the case of such projects constructed or acquired on or after
July first, nineteen hundred fifty-five, for such persons or families
whose probable aggregate annual income during the period of occupancy
does not exceed, the greater of (i) the median income for such persons
or families for the metropolitan statistical area in which the project
is located, or if a project is located outside a metropolitan
statistical area, the median income for such persons or families for the
county in which the project is located, as most recently determined by
the United States department of housing and urban development, in which
case any person or family becoming eligible for admission pursuant to
this subparagraph shall pay, from the time of admission, a rental
surcharge as provided for in subdivision three of this section, computed
on the basis of the income limitations applicable to such persons or
families in the absence of this subparagraph, or (ii) seven times the
dependents, such ratio shall not exceed eight to one. For the purpose of
determining the eligibility of tenant cooperators in a mutual housing
company project, there shall be added to the total annual carrying
charges an amount equal to six per centum of the investment of a person
or family in the equity obligations of such housing company and, to the
extent authorized by the commissioner or the supervising agency as the
case may be, the value or cost to them of repainting and the replacement
of fixtures and appliances;
(b) In the case of such projects constructed prior to July first,
nineteen hundred fifty-five, for such persons or families whose probable
aggregate annual income during the period of occupancy does not exceed,
the greater of (i) the median income for such persons or families for
the metropolitan statistical area in which the project is located, or if
a project is located outside a metropolitan statistical area, the median
income for such persons or families for the county in which the project
is located, as most recently determined by the United States department
of housing and urban development, in which case any person or family
becoming eligible for admission pursuant to this subparagraph shall pay,
from the time of admission, a rental surcharge as provided for in
subdivision three of this section, computed on the basis of the income
limitations applicable to such persons or families in the absence of
this subparagraph, or (ii) seven times the rental (including the value
or cost to them of heat, light, water and cooking fuel) of the dwellings
to be furnished such persons or families, except that in the case of
persons or families with three or more dependents, such ratio shall not
exceed eight to one; provided, however, that, in the discretion of the
commissioner upon application of the mutual housing company, the income
limitations set forth in paragraph (a) of this subdivision shall be
applicable to such projects, and, in such case, investment in the equity
obligations of such housing companies shall include: the value of the
stock of said housing company at time of purchase; all moneys paid
towards the rental of the dwellings which are allocated to the reduction
of the principal amount of the mortgage loan secured by a mortgage lien
on the real property of the housing company; and all accruals to equity,
approved by the commissioner, resulting from capital improvements;
(c) The limitations as to income contained hereinabove in paragraphs
(a) and (b) of this subsection shall not apply in mutual housing company
projects after the period of municipal tax exemption of such project has
expired, and provided the commissioner has waived his rights over the
control of rentals and selection of tenants under this article;
(d) No occupant whose income increases shall be compelled to vacate
the project unless the ratio of his income to rental of the dwelling
becomes greater by fifty per centum or more than is prescribed by law at
the time of admission or in this subdivision, whichever is greater, and
unless at the same time he shall be discharged from all liability on any
note, bond or other evidence of indebtedness relating thereto, and there
shall be repaid to such person by the housing company all sums paid to
such company for or on account of the purchase of stock or income
debentures as a condition of such occupancy. The housing company may,
with the approval of the commissioner, permit such occupant whose income
increases and the ratio of income to rental of the dwelling becomes
greater by fifty per centum or more than is prescribed by law at the
time of admission or in this subdivision, whichever is greater, to
occupy the dwelling for not more than three years from the time such
increase in income first accrues unless such occupancy is extended with
the approval of the commissioner. In no event shall a removal otherwise
authorized by this paragraph be effected against any person or family
which has been in occupancy prior to July first, nineteen hundred
eighty-three. However, such occupant shall pay a rental surcharge in
the approval of the commissioner.
3. Twenty-five per centum of rental surcharges collected pursuant to
this section on account of rentals payable prior to July first, nineteen
hundred eighty-three shall be paid by the company to the municipality
which has granted tax exemption pursuant to section ninety-three of this
article as a credit against the grant of tax exemption, the value of
such tax exemption and of such credit to be determined on an individual
dwelling unit basis. In the event that such tax exemption has not been
granted, or in the event the period of tax exemption has expired, or in
the event that a sum equal to the total of all accrued taxes as to
individual dwelling units where such tax exemption was granted have been
paid to the municipality, the excess, if any, of surcharges and all
surcharges imposed after June thirtieth, nineteen hundred eighty-three
shall be applied to the expenses of operation and management as approved
by the commissioner.
4. The commissioner may approve or disapprove an application for a
lease in accordance with the income limits prescribed herein and, where
there is discrimination in violation of section six hundred two of this
chapter, may compel a housing company to grant a lease or renewal
thereof to a person or family as a tenant in the project.
5. The "probable aggregate annual income" means the annual income of
the chief wage earner of the family plus all other income of members of
the family over the age of twenty-one years, plus a proportion of the
income of members under the age of twenty-one years to be determined by
the commissioner, excluding therefrom a deduction of fifteen thousand
dollars from the income of secondary wage earners of the family or a
larger deduction if approved by the commissioner or the supervising
agency, as the case may be, except that the company, as approved by the
commissioner, may exclude a proportion of the income of other members of
the family over the age of twenty-one years for the purpose of
determining eligibility for admission or continued occupancy, or for
establishing the rental of such family, or for all such purposes.
6. A company may rent one or more dwelling units to a social services
official or duly authorized agency, as defined in section three hundred
seventy-one of the social services law, for the operation of agency
boarding homes or group homes or to any public agency as defined in
section four hundred sixty-one of the general municipal law, which
provides residences and social services to dependent aged persons.
7. (a) For the purpose of enabling lower income elderly persons to
continue in occupancy without paying rentals in excess of a fair
proportion of their income, any municipality having a population of less
than one million is authorized to make and to contract to make periodic
payments to a company in an amount not exceeding the difference between
the rent or carrying charges for the dwellings occupied by such lower
income persons and one-third of their net probable aggregate annual
income, where such rent or carrying charges exceed such one-third of
income; provided that the aggregate amount of periodic payments to be
made in accordance with contracts entered into by the municipality
during any fiscal year thereof pursuant to this subdivision, subdivision
nine of section thirty-one, section one hundred twenty-six and section
five hundred seventy-seven-a of this chapter shall not exceed the
aggregate amount of all real property taxes paid or payable during such
fiscal year by all companies organized pursuant to this article, article
II, article V and article XI of this chapter and the aggregate estimated
receipts of all such companies in such fiscal year from rental
surcharges collected or to be collected pursuant to this chapter.
(b) Such payments shall be made only on account of a person or family
in occupancy where the head of the household is sixty-two years of age
or older and is not a recipient of public assistance pursuant to the
social services law, and where the net probable aggregate annual income
of the person or family in occupancy does not exceed six thousand five
hundred dollars a year. Notwithstanding the provisions of subdivision
twenty-nine of section two of this chapter net probable aggregate annual
income as used in this subdivision shall mean annual income of family
members from all sources after deduction of federal, state and city
income taxes; provided that any municipality may provide that increases
in benefits under the social security act which take effect after such
person or family has assumed occupancy shall not be taken into account.
(c) A company having a contract with the municipality pursuant to this
subdivision may not collect from persons or families in occupancy on
whose account such payments are made any rentals in excess of the
amounts specified in such contract.
8. Notwithstanding the provisions of this section, persons or families
with two or more dependents whose probable aggregate annual income does
not exceed one hundred twenty-five percent of the limitations as to
income applicable without reference to this subdivision, shall also be
eligible for admission to the project on the understanding that any
person or family becoming eligible by reason hereof, shall pay from the
time of admission a rental surcharge computed on the basis of the income
ratios applicable to such person or family in the absence of this
subdivision. In applying the provisions of paragraphs (c) and (d) of
subdivision one and of paragraph (d) of subdivision two of this section
to a family becoming eligible by reason of this subdivision, the "ratio
prescribed by law" shall mean such ratio as would be prescribed in the
absence of this subdivision.
9. Notwithstanding the provisions of this section or any law to the
contrary, any limited dividend mutual housing company which:
(a) owns or operates a project or projects that are located in the
county of Queens and were constructed or acquired prior to July first,
nineteen hundred sixty-five; and
(b) did not receive a loan, construction subsidy, mortgage, mortgage
guarantee or any other form of financial assistance from the state of
New York or from any state agency, authority or public benefit
corporation created by the state; and
(c) is no longer required to pay rental surcharges to the municipality
in which it is located; and
(d) has commenced paying real property taxes on the value of the land
and improvements pursuant to a resolution adopted by the governing body
of the municipality in which it is located; and
(e) has determined, by a two-thirds vote of the directors of the
housing company taken on or before July first of each year that rental
surcharges based on incomes of persons or families residing in the
project, as specified in this article or any other provision of law, are
not required for the purpose of maintaining or operating said project or
projects. Any such vote shall be preceded by a timely notice to the
project's shareholders that such vote will take place;
shall be excused from undertaking a survey of the aggregate and
individual annual incomes of persons or families residing in such
project or projects constructed or acquired by such housing company, and
shall not be required to impose rental surcharges based on the incomes
of such persons or families.
10. A housing company shall accept federal reimbursement under section
eight of the Housing and Community Development Act of 1974 in lieu of
such amount in rent payment for a person qualifying under such act and
residing in a project of such company. A housing company shall not
reject an applicant for an apartment solely on the basis that all or
part of the rent shall be paid under section eight of the Housing and
Community Development Act of 1974.


text:
Calm replaces the controversy of Margaret Thatcher
The Washington Post Column / By Anne Applebaum / April 17, 2013 July 2, 2017
"After the storm of a life lived in the heat of political controversy, there is a great calm." The Bishop of London's sermon at Margaret Thatcher's funeral Wednesday morning moved at least one member of the British cabinet to tears. But what was really remarkable about the sermon was its measured tone. Somehow one felt that the bishop might not have been a fervent Thatcherite himself, and yet he found something kind to say to those close to the former prime minister — "it must be difficult for those members of her family and close associates to recognize the wife, mother and grandmother in the mythological figure" — and something personal to say about her as well.
He remembered Thatcher's famous attentiveness to the people who worked for her and cited a warning she once gave him at a dinner: "Don't touch the duck paté, bishop – it's very fattening." He reminded the congregation that this was a funeral, not a memorial service: Thus there were no eulogies and no politics, only reflections on life, death, faith, family and continuity.
And formality was exactly what was required. The congregation included several people who had been her bitter political opponents — Michael Heseltine and Geoffrey Howe, for example, two of the Tory leaders who brought her down — as well as three of her successors as prime minister: John Major, Tony Blair and Gordon Brown, all of whom might have had cause to resent her at different times. But in a well-run democracy, one shows respect for elected leaders, especially leaders who were in power for a long time, even if one comes from the opposite party or holds different views.
Intuitively, the dean of St. Paul's Cathedral also seemed to understand this when he went out of his way to "pray for this nation, giving thanks for its traditions of freedom, for the rule of law and for parliamentary democracy" in his invocation. Around me, several people nodded. I arrived with the unusually large Polish delegation – prime minister, finance minister, foreign minister (to whom I am married) and former president Lech Walesa – but I happened to be sitting near the Hungarian prime minister and the Bulgarian president, as well as various Czechs, South Africans, Germans, Estonians and Italians. Not all of those countries have always had the rule of law or been democracies. I'd wager that even now, not all of them give thanks for the rule of law and democracy at the funerals of their senior statesman. But the rule of law and parliamentary democracy were precisely what was on display at St. Paul's today, and thus the controversy Margaret Thatcher created in life was replaced by a great calm.


text:
(director: Louis Gasnier; screenwriters: story by Lawrence Meade/Arthur Hoerl/Paul Franklin; cinematographer: Jack Greenhalgh; editor: Carl Pierson; music: Abe Meyer; cast: Dorothy Short (Mary Lane), Warren McCollum (Jimmy Lane), Kenneth Craig (Bill Harper), Lillian Miles (Blanche), Dave O'Brien (Ralph Wiley), Joseph Forte (Dr. Carroll), Thelma White (Mae Colman), Carleton Young (Jack Perry); Runtime: 67; MPAA Rating: NR; producers: George A. Hirliman/Dwain Esper; Sinister Cinema; 1936)
"The film is so idiotic that it almost demands being seen to confirm how bad it is."
Under the guise of being a public service film, the sleazy producers put forth this exploitative piece of trash for no other reason but to profit from it. By doing it this way it allows them to get around the Hays Office's censoring of sex scenes by showing the perils of drugs. The shameless director is Louis Gasnier ("The Perils of Pauline"); it's based on a dumb story by Lawrence Meade and an even dumber script by Arthur Hoerl and Paul Franklin. The vintage camp film has become a popular cult favorite ever since the 1960s, as the film's followers found the absurd anti-drug propaganda a hoot. Marijuana is hysterically viewed as "public enemy number one," responsible for upsetting the moral fiber of society and ruining our fine youth. The innocent are corrupted in this film by well-dressed business-like type adults; it shows that even one puff can lead to bizarre and dangerous behavior by the youths. The humorless film (surprisingly it's laugh free, the viewer must come with their own reasons for finding things funny) is one long lecture with an overbaked story used to support its crazed arguments against the weed. It's a shoddily made film that is so outrageous in its anti-dope message that it can only be viewed as a film made by idiots, which is the reason it caught on with certain film buffs as a classic film that is so bad it's good.
It opens with self-righteous high school principal Dr. Carroll sternly lecturing a PTA meeting that marijuana is more dangerous than any other drug, including heroin and opium. What follows via flashback is a bogus cautionary tale about adults who lure high school students into their home to smoke reefer, make out and dance the jitterbug. It follows the tale of all-American boy Bill Harper who begins to smoke reefer and immediately his tennis game and school grades go downhill. His life reaches tragic proportions when he's framed by drug dealer Jack Perry for murdering his nice girlfriend Mary Lane, who only came to the druggie house to rescue her brother from such undesirable behavior. Mary smokes a cigarette offered by fellow student Ralph, not knowing it's a reefer. Then the stoned Ralph tries to sexually attack her. Bill is shown to be such a basket case he can't remember what happened, as he's revived with the drug dealer placing the murder weapon in his hand. Also Mary's brother Jim, after smoking one reefer, is so stoned he drives out-of-control and in a hit-and-run incident injures a pedestrian.
After telling the law what really happened the guilt-ridden lady host, Mae, is led off to jail and charged with "fostering moral delinquency." Another guilt-ridden adult who lured the teens to the drug house, Blanche, jumps out a window. The weed smoking high school student Ralph, who looks as if he's 30, is placed in an insane asylum. The story ends with the gang put out of business after Mae's confession and the return to the didactic lecture by Dr. Carroll. He is carrying forth his paranoid anti-drug message, as he tells the adults gathered to keep the youth from the "vicious pitfalls of marihuana." The earnest educator wants you to believe that the country is facing its greatest danger from those who smoke reefers, never mind that whatever he said is so much fiction.
The film is so idiotic that it almost demands being seen to confirm how bad it is. It must be pointed out that the public is still so uninformed about marijuana that it's still a banned substance.
REVIEWED ON 3/1/2006 GRADE: D
MAD MISS MANTON, THE
WOMAN OF TOKYO


It's like one of those homework you used to get at school when they asked you describe yourself..
Certainly not one of my favorites.
You end up sitting there thinking what do I write?
An everyday housewife married to a Sardinian with two lovely children (at times!), living on the Island of Sardinia through my own choice.
Nearly 23 years have gone by since I moved here and would never dream of going back to live in England as I love this place.
One of my greatest passion is baking which lead to me opening up my own bakery business in 1992, and I am still here plodding along even though the hard recession is effecting us all here on the island.
I have always called myself a "Jack of all trades and a master of none" because I take my hand to almost anything.
I must have been a creator of some sort in a past life (not the creator) as I don't like being told that I can't do something, and will give it my everything even if it's just to prove the point that I can.
A down to earth, easy going, don't get offended easily person that adores humorous sarcasm and a good laugh, the marvelous remedy for releasing the old stress that hits us now and again.
I love to be able to help people where ever and whenever it is possible, it just gives me a great kick knowing that I have done something good for someone else.
What more can I say, enjoy Sardinia through my website!
More about me and my website….


Have you dreamt of leaving everything behind, swinging your leg over a motorcycle and riding off into the wind? Well, meet Jay Kannaiyan who did just that on a grand scale.
Jay's roots are from the Chennai area, but with an early childhood in Zambia while continuing to school in India, home was a very fluid concept from the get go. He then went to the US to study engineering and landed a job in Chicago. But the two-wheel itch that started in college manifested into a full-blown motorcycle touring lifestyle that saw Jay ride through vast tracts of North America, taking in Alaska, Canada, most of the US and even Mexico. It only seemed logical to continue riding and experiencing a life on the road.
In March of 2010, Jay quit his job, sold his house, car and most other worldly possessions and set off on his 1998 Suzuki DR650, which he affectionately calls sanDRina. With only whatever would fit on his bike, Jay hashed out a rough plan of riding overland back home to India via South America, Europe and Africa.
The 3 year and 3 month journey saw Jay ride a 103,200 km through 33 countries and using up 48 pages across 3 passports. sanDRina went through 17 oil changes and 6 sets of tires. Jay started the trip with an old bike because he knew that all bikes would breakdown at some point on such a long journey and it made sense to ride a bike that was simple enough to fix by the roadside. sanDRina is a very capable dual-sport motorcycle and being carbureted, air-cooled and lacking fancy electronics, she was very easy to maintain and repair.
Jay rode through some very remote parts of our planet, such as across the Amazon rainforest, the vast emptiness of Patagonia, the deserts of Sahara and The Namib and the epic Himalayas of Ladakh. He feels at home when surrounded by grand nature and loves to connect with the people who are living off the land.
In March 2014, Jay launched Jammin Global Adventures Ltd to share the joy of adventure motorcycling with others via guided motorcycle tours in some of the best places he rode through and some new destinations. Get in touch with Jay to see about experiencing Peru, Kenya, Mongolia, Myanmar, Sri Lanka and India on a motorcycle – the best way to experience a land and its people!


text:
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Environment East Gippsland
Eagle slaughter – update
After 2 years – no charges over 400 poisoned eagles
On 3rd May 2020, the Victorian Environment Minister Lily D'Ambrosio, announced that the case investigating the illegal poisoning of over 400 protected Wedge-tailed Eagles was to be closed. The farm worker was fined $2,500 and jailed for two weeks but the owner of the property, John Auer remains unpunished. This is despite the vast resources that were put into this case, the evidence and the admissions gathered.
The Minister claimed that the Wildlife Act was the problem and that it will be reviewed and improved to remove the weaknesses and increase the penalties.
DELWP prosecutors and lawyers have been looking at this case for two years. People rightly consider it strange that they announce the outcome as the two year statute of limitations kicked in (John Auer's property was raided in May 2018). However it was also a lengthy investigation we were told.
The farmer was clearly complicit in the killing of the Eagles, he was the enabler, showed the manager how to do it and bought the poisonous agricultural chemicals for him to use. The evidence is rock solid.
The problems included the fact that this killing of protected wildlife was not an indictable offence, so not considered as serious and therefore there is less power to investigate.
It was also considered that the offences and charges over the misuse of agricultural chemicals arose from the same crime source; the killing of the eagles. This could then be seen as 'double jeopardy' meaning a person can't be charged twice for the same crime. This is despite the charges being very different. They came under different Acts and departments. We don't understand why this could be considered the same crime.
We are told that there were two lots of legal advice sought on a number of areas of the Wildlife Act. Both lots of advice concurred.
As a result the Minister is keen to review the legislation. We can only hope they do a decent job of it, as the public is increasingly cynical and heartily dissatisfied with the way environmental crimes are regularly overlooked.
Changes to the Wildlife Act should include greater powers of investigation and arrest, removal of the two year statute of limitations and increase the penalties to reflect that we are living in 2020 not 1975.
But meanwhile this shocking crime against our wildlife sends a very bad message to all those farmers who are still intent on killing eagles every lambing season, under the archaic belief that all eagles kill healthy lambs.
There needs to be greater vigilance by the public now more than ever.
This article links John Auer with the Jam Land crime. He was a long time director and part owner of this company which poisoned critically endangered grasslands on the Monaro in southern NSW. This company is mainly owned by the Taylors, including the controversial Angus Taylor, Minister for Energy and Emissions Reduction (2019-20)
Another informative article here describes the myths surrounding Eagles as killers of lambs. Researchers have shown that they rarely take live healthy lambs, but are often blamed for cleaning up the dead or for taking sick, weak lambs.
This is the ABC's online story covering the Minister's announcement.
Charges over illegal use of poisons
The Tubbut farmer and agricultural seed company owner was charged with the illegal use of poisons to kill Wedge-tailed Eagles, in the Bairnsdale Court on 13th November 2019. EEG attended to hear case.
The Age story next day painted a very disturbing picture. The text messages between the farm manager (found guilty in September last year of killing over 400 wedge-tailed eagles and sentenced to 14 days in jail and fined $2500) and the farm owner shows "calculated, unacceptable and disgraceful behaviour", to quote the magistrate.
This case was over the illegal mis-use and storage of 1080 and an insecticide, not the killing of eagles – that's still to come.
The emails and text messages, in which the pair secretly referred to eagles as "foxes", were revealed at Bairnsdale Magistrates Court on Wednesday as Auer, 57, pleaded guilty to the misuse of agricultural chemicals.
The Bairnsdale Court
The comment from the magistrate was that he was "fortunate that there is no provision in the legislation for a term of imprisonment", which let him know he was getting off lightly.
"On October 5, 2016, Auer messaged Silvester asking: "Seen any eagles?"
"6 more = 24 in 2 days," Silvester replied.
"Gee that's amazing, they just keep coming? I just wouldn't have dreamed of those numbers. Bloody well done," Auer replied a few days later.
In late October of 2016, Auer messaged Silvester saying he had picked up a "different chem to try", later adding he had "looked up that poison and it is deadly to birds apparently so should work".
At some stage, Auer told Silvester to refer to eagles within email communication as "foxes", court documents show.
In January 2017, Silvester wrote to Auer: "3 more foxs [sic] = 52, crazy".
The Magistrate was Simon Garnett. He seemed very progressive and fair and we were impressed by his concern over the impacts of such killings on indigenous culture.
The charge sheet is attached below. John Auer refused to be interviewed it says, but pleaded guilty.
Auer was up on 10 charges; four were struck out and the rest were bundled into two.
There are still two outstanding charges to be heard under the Wildlife Act. They are Sections 43.1 and 54.1.
43 Hunting, taking or destroying protected wildlife
(1) A person must not hunt, take or destroy other protected wildlife.
Penalty: 50 penalty units or 6 months imprisonment or both the fine and imprisonment and an additional penalty of 5 penalty units for every head of wildlife in respect of which an offence has been committed.
54 Killing wildlife by poison
(1) Any person who kills, destroys, takes or injures wildlife by any bait impregnated with poison or any substance, whether liquid, solid, or gaseous, which is prescribed to be a poison for the purposes of this section or lays any such poison or substance with intent to kill, destroy, take, or injure wildlife shall be guilty of an offence against this Act.
Penalty: 100 penalty units or 6 months imprisonment or both the fine and imprisonment
His defense lawyer painted him as an upstanding community-minded citizen, successful business man, loving father and husband, cares for his sheep (grew cabbages and kale for his lambs and needed the insecticide to kill the grubs that ate the cabbages), owns a global agricultural seed business, travels overseas and interstate, employs many people and so on. We weren't sure if these details were to attempt to lessen the seriousness of his actions.
The prosecution, Department of Jobs, Precincts and Regions (DJPR) mentioned the impact such killing has had on local indigenous people too. The magistrate asked for those statements. They were also read out and were quite powerful.
On charges 1 and 3, Magistrate Garnett gave a 12 month good behaviour bond PLUS a $25,000 fine to go to the court which will then distribute to appropriate wildlife groups through Gippsland, plus costs of $3870.
On charges 5,6,7,9, John Auer was ordered to complete 100 hours community work.
There is also a conviction recorded.
None of this will look good for someone running a global agricultural business to have been charged with illegal use of restricted chemicals and very poor handling of poisons.
This PDF file is the charge sheet which was read out in court.
Charges-sheet-chemicals-1Download
Category Featured, News
Topics Legal, Wildlife
Previous: Previous post: Tubbut farmer charged with cruelty and killing protected wildlife
Next: Next post: Federal Court's orders – a win for forest protection and threatened possums
4 Replies to "Eagle slaughter – update"
Linda Dom	 November 29, 2019 at 10:39 am
What grossly inadequate ahem penalties for such simply atrocious and premeditated crimes against the Environment and our majestic Wedgies.
I'm totally disgusted by this so called result.
Sure hope that there's an appeal.
Guessing it's all about connections, connections…
EEG	 November 29, 2019 at 11:00 am
Linda, this case was only to deal with John Auer's (pron hour's) mis-use of ag chemicals under the Ag Act. The case against killing protected birds under the Wildlife Act is still to be heard we hope.
Alana Bacon	 April 16, 2020 at 2:49 pm
The magnificent Wedge tail will take years, if ever to recover from this shocking egregiously cruel crime!
This farmer must be charged under the Wildlife Act and the prosecution should call for the maximum sentence applicable.
Until Australia's precious wildlife is elevated to the status and respect they deserve, these hideous acts perpetrated by evil men will continue!
M	 November 7, 2020 at 12:59 am
Where out thy John..
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