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Sep 1, 2021 | Family Law
This fall, as we enter the second school year of the COVID-19 pandemic, many parents are dealing with challenging issues related to COVID-19 and their school-age children, including whether to send children to school in person, whether to vaccinate children ages 12 and older, and how to navigate the constantly changing landscape of mask mandates, recommendations, testing, and other COVID precautions. These issues are challenging for all families right now, but especially for divorced parents with joint decision making.
What is Joint Decision Making?
In every Colorado divorce involving children under the age of 18, courts must decide how to allocate parental responsibilities, which includes parenting time and decision making. While parents will generally be permitted to make day-to-day decisions involving their children, including what they eat, wear, and how they spend their free time, the court must decide whether parents will jointly make major decisions involving education, such as choice of school, health care, and which extracurricular activities the children will be involved in if the activity will occur during both parents' parenting time.
Whether decision making for these major decisions is sole to one parent or joint depends on a number of factors specific to each case, but in general, the court will allocate decision making in the best interest of the child. In Colorado, courts generally prefer to allocate decision making jointly between the parents unless there is a strong history of an inability to make decisions jointly or there are other factors that make joint decision making inappropriate, such as a history of domestic violence or mental health or substance abuse concerns involving one or both parents. When these factors are present, courts may appoint a professional, such as a Child and Family Investigator or a Parental Responsibilities Evaluator, to evaluate and make recommendations regarding the allocation of parental responsibilities, including decision making.
You Have Joint Decision Making and Can't Agree – Now What?
Some of the most challenging cases are where a court has allocated joint decision making to parents and parents cannot agree on issues involving education or major medical decisions. Unless the court has appointed a decision maker or has mandated mediation, parents only option in situations where they disagree on major decisions is to ask the court to decide the issue. Due to a pair of conflicting Colorado cases on this issue, judges in Colorado are divided on whether they even have the authority to act as the decision maker when parents cannot agree on a joint decision. Apart from asking the court to make the decision, parents can also request to modify the allocation of decision making from joint to sole, meaning one parent will be able to unilaterally make major decisions.
Under C.R.S. § 14-10-131, in order to change a prior order regarding decision making, the court must find that the existing order endangers the child. While difficult to prove endangerment in cases involving disputes of education or extracurricular activities, parties have a stronger case for endangerment in cases involving health care decisions.
Shared Decision Making and Vaccines
Since the start of the COVID-19 pandemic, divorced parents and Colorado courts have been faced with a number of challenging questions related to children's health and safety. Now that COVID-19 vaccines are available for children ages 12 and older, parents are confronted with issues involving whether to vaccinate their children and what to do if one parent wants to vaccinate and the other doesn't.
Colorado currently does not allow children under 18 years of age to obtain a vaccination without parental consent, so even if a child would like to receive a vaccination, health care providers will not administer a vaccination without a parent's signature.
Because of the time it takes for a case to proceed to a written decision from the Colorado Court of Appeals, there are no published Colorado cases addressing the question of whether a parent's decision not to vaccinate his or her child against COVID-19 constitutes endangerment, but the Colorado Court of Appeals recently addressed a related question regarding vaccines prior to the pandemic.
In re Marriage of Crouch
In the recent case In re Marriage of Crouch, 490 P.3d 1087 (Colo. App. 2001), the Court of Appeals considered whether decision making should be modified to give father sole decision making for health care decisions based on his interest in vaccinating the children over mother's objection due to her religious beliefs. The trial court found that mother's refusal to vaccinate the children endangered them, but the trial court also said Father had to show there would be substantial harm to the children by remaining unvaccinated in order to change decision making. The Court of Appeals reversed the trial court, holding that there was no heightened burden required to change decision making and that once the trial court found the children were endangered by a decision, Father did not also need to show there would be substantial harm.
Application of In re Marriage of Crouch to COVID-19 Vaccines
While the Court of Appeals has not yet had an opportunity to address this issue in the context of COVID-19 vaccinations, the Crouch case arguably sets a precedent that a parent's refusal to vaccinate a child against COVID-19 constitutes endangerment sufficient to justify a change in decision making from joint to sole decision making. It is important to note that the parent objecting to vaccination in Crouch did so based on her religious beliefs and not due to particular health concerns related to the child. Parents objecting to vaccinating their children for reasons related to the child's health conditions may have a better argument that their decision does not endanger the child.
Another important consideration is whether the child's school has implemented different protocols for vaccinated versus unvaccinated students over the age of 12. If non-vaccinated students are subjected to different learning environments (remote versus in person, for example), or are separated from peers during lunch and activities due to their non-vaccinated status, the parent seeking to vaccinate may have a more compelling argument that the refusal to vaccinate endangers the child because the child may be treated differently in the school setting.
Judges' Views on the COVID-19 Vaccine and Decision Making
Judges we consulted for this article reported that there is no consensus on the bench regarding whether a refusal to vaccinate a child against COVID-19 constitutes endangerment. Judges advised that factors they would consider in making this determination include:
Does the child have an underlying health condition that makes him or her more susceptible to complications from COVID-19?
Does the parent objecting to vaccination have equal parenting time?
Is the majority parent the one making the vaccination request?
Does the child's vaccination status impact his or her attendance at school?
What is the objecting parent's reason for objecting to vaccination?
As COVID-19 vaccines receive full FDA approval and approval of the use of the vaccines in children under 12 appears imminent, divorced parents will continue to face challenging issues related to joint decision making and COVID-19 protections, including the decision of whether to vaccinate.
Each judicial officer will resolve disputes related to vaccinating children on a case-by-case basis with little guidance from case law because the issues related to the COVID-19 vaccines have not been addressed by the Colorado Court of Appeals or Colorado Supreme Court. In the event of a dispute about whether to vaccinate a child against COVID-19, courts may consider who is making the objection and the amount of parenting time that parents has, as well as the stated reasons for objecting to or arguing in favor of vaccination.
Because of the time it takes to modify decision making, parents who disagree over issues for which they have joint decision making should attempt to resolve disputes outside of court or through mediation whenever possible. If those efforts fail, the parent seeking to change decision making should file a motion to modify decision making and should be prepared to argue that the prior allocation of decision making endangers the child.
Jennifer Schaffner is an Attorney at Griffiths Law PC. Schaffner's practice focuses on family law and appeals. She believes in finding creative solutions to cases whenever possible, but if going to court is inevitable, she knows how to advocate for her clients' best interests.
Jamie Paine is an Attorney at Griffiths Law. Paine's practice focuses on domestic relations matters. Paine also served several years as a prosecutor, and this helps her litigate highly contentious cases with strategy and empathy.


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Geoff Dutton
Warning: Some mild adult language follows
I understand the sense of dread. Some dame with unkempt locks, a slash of purple lipstick, five-o'clock shadow, and a flower-print chemise enters the ladies' room and soon screams erupt. Chalk up one more sexual threat we never used to have to worry about. But does it ever really play out that way?
Apparently, a lot of people think it will. According to transequality.org, at the moment dozens of bills have been filed in in US state legislatures that would deny one or more rights to transgendered people, particularly rights to pee, poop, and primp amongst their adopted cohorts. Three are being actively considered and at least one has already been enacted (in North Carolina). Other states, like New Jersey and soon probably Massachusetts, have affirmed the right for TG people to use the facility of their choice with very little fuss and bother.
Coming up with statutes for regulating TG usage of public facilities isn't easy. It takes creativity to turn a vague sense of foreboding into commandments. Legislators must grapple with all sorts of vagaries to come up with straight-faced legalese such as we find in Minnesota's SF3002, whose glowing prose reads in part:
Sec. 2. Minnesota Statutes 2014, section 363A.20, is amended by adding a subdivision
to read:
Subd. 11. Employer restrooms, locker rooms, dressing rooms, and similar
The provisions of section 363A.11 relating to sexual orientation as defined in section 363A.03, subdivision 44, shall not apply to the employment of any individual with regard to facilities such as restrooms, locker rooms, dressing rooms, or other similar places. No claim of nontraditional identity or "sexual orientation" may override another person's right of privacy based on biological sex in such facilities as restrooms, locker rooms, dressing rooms, and other similar places, which shall remain reserved for males or females as they are biologically defined.
Other than single-occupancy facilities, no employer shall permit access to restrooms, locker rooms, dressing rooms, and other similar places on any basis other than biological sex. Nothing in this section shall be construed to: (1) limit access by a minor accompanied by an adult guardian of the opposite sex into a specified facility appropriate for the adult guardian, where the minor has not reached the age of nine years; (2) prohibit a person with disabilities from using a specified facility appropriate to the biological sex of either the disabled person or of an adult caretaker providing assistance; or (3) prohibit access by bona fide custodial staff or any other person in an actual emergency, where the person knocks and announces as a member of the opposite sex, if practicable.
But hold on. What's "biological sex" supposed to mean? Do the exemptions cover all the cases? What about guys in kilts? Or old men with big breasts? It's all quite messy. The good news is that legislative committees have tabled the vast majority of these types of bills. The din out there is mostly about North Carolina. Much of the pushback is about how NC preempted local councils from passing ordinances accommodating TG people's needs, not about bathroom etiquette. What isn't so widely appreciated is that NC's infamous HB-2 has no enforcement provisions. It isn't clear what might happen in response to a breach of that law. Or how.
Say you're a suitably attired female executive from Goldman Sachs visiting a client in Charlotte, NC. You wrap up your meetings and head back to Manhattan. At the airport, you answer a call of nature. After relieving yourself, you emerge from the stall to find this person with unkempt hair and five-o'clock shadow confronting you with flower-print chemise pulled up and panties pulled down to reveal what you suspect are cojones. What can you do? You're behind security, so whatever firearm you might have carried is stowed away.
You can, of course, scream and probably should, because somebody might hear and come to your aid. You could whip out your phone, train the camera on the interloper and say "Say cheese!" You could react calmly with withering sarcasm, like "What's up with that, lady? A training penis?" but you never know how it might go down. Or with mock admiration: " I should get one of those. Where did you get it?" But still, you might not to be able to handle it yourself. And you shouldn't have to.
Hopefully, you'll never be exposed to anything like that, but such future violations may become a thing of the past thanks to our great nation's innovation economy. It wouldn't surprise me to find that venture-funded startups were tackling the problem already. I would throw money at one, say, that's developing an alarm system for restrooms like a panic button, but without an actual button, just a little mic and some speech recognition. The ceiling-mounted unit would be trained to interpret key words and phrases spoken loudly, such as "penis," "schlong," "cross-dressing creep," or perhaps even "woman card," in several languages. When any of these are uttered, the device—possibly marketed under the name The Pubic Button—would take over. A red light would flash, a buzzer would sound, and a Siri-like voice would announce "Pervert alert! Security notified. Videocam activated. Keep calm and wait for assistance." That should do it.
Back to enforcement. There's a good chance you would never know that you are sharing a public facility with a transgendered person. Ninety-nine times out of a hundred, it would devolve to your own curiosity to determine what you see isn't what you got. So don't tell and don't ask. Because there's also a ninety-nine percent chance that there won't be any officer around to report them to. MYOFB, as they say, and you'll be fine.
As lawmakers flail against the tide of TG liberation, I can't help flashing on that icon of strict law enforcement, the archetypal G-Man J. Edgar Hoover, FBI Director from 1924 to his death in 1972. Though probably not the cross-dresser legend alleges, it seems likely he was bi or gay, given various disclosures concerning his longtime close relationship with his deputy, Clyde Tolson. (They're buried side by side in Washington DC.) J Edger surely would have mongered fears about the TG menace given his penchant for collecting salacious information to intimidate politicians, potential rivals and other persons of interest. The recent blossoming of tolerance for LGBT folks and the legalization of gay and lesbian marriage would surely have dismayed him. After all, you can't blackmail homosexuals who out themselves. Sex, lies, and videotapes just aren't as titillating they used to be.
@image: Clyde Tolson and J. Edgar Hoover relaxing in beach lounge chairs, circa 1939, from Wikimedia, public domain.
Tolerance, Politics, Transgender, Social Movements, Public Facilities
http://cowbird.com/story/224075/

redpajama_set_name: RedPajamaCommonCrawl


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Twenty Years of SNES Ignorance
As has been well documented here at toomanywires, I grew up SEGA. In my formative years, it was understood by everyone who mattered (i.e. my friends) that you must choose either Nintendo or SEGA. Your choice of console let everyone know exactly what you were about, as did your wrestling preference - WWF or WCW - and which channel you watched when you got back home from school - CBBC or CITV. Its interesting to note that the GameBoy was exempt from such divides, as everyone had one regardless of their allegiances. Besides, children who could convince their parents to buy six AA batteries twice a week were few and far between, so the Game Gear remained little more than a curio amongst my classmates.
While some of my friends, and the majority of gamers across the pond, were enjoying Super Nintendo, I was investing time in my SEGA Master System and then the Mega Drive/Genesis. While it was a relative non-event in Japan, and was unable to maintain its early lead in the US, in Europe the M…
Monday Spotlight - Age of Empires
I've never been one for PC gaming. I love the convenience of an ever-ready console, the comfort of my sofa and the glow of my oversized HD TV. Sitting at my desk and staring at a significantly smaller screen just doesn't appeal, and feels far too much like work. I appreciate the performance advantages of a PC, but the thought of modding and constantly upgrading a gaming rig brings me out in a cold sweat. If my PC starts playing up, I give it a swift kick and threaten it with a screwdriver. This is about as technical as I'm willing to get.
It probably won't surprise you to learn that I have played precious few PC games. I have enjoyed a couple of city-building sims, such as Sierra's Pharaoh, and Final Fantasy XI succeeded in ruining my life for two solid months. Being a huge FF fan at the time, I couldn't bear the thought of missing out on a numerical instalment, so we made the necessary upgrades to our home PC and I wasted an entire autumn decorating my abode and loitering with ever…
The Allure of Final Fantasy - Part 2
Last week I wrote about my relationship with the Final Fantasy series. I may not be the super fan I once was, but FF still appeals despite my tolerance for whiny, overly-emotional and ineloquent characters not being what it once was.
In my first post, I touched upon two of the reasons why I hold FF in such high regard: memories and moogles. Today I'm going to explore some further elements that are, or have been, key to the allure of Square-Enix's blockbusting franchise. They are crucial to my desire to play and continue to wax lyrical about the series, even in the face of increasingly diminished returns.
Location, Location
Final Fantasy is full of wondrous worlds, brimming with interesting and beautiful locations. When I think about my favourite games in the series, often the first thing that comes to mind is one of the distinctive and lovingly created locales that I have spent hours exploring. Balamb, Gold Saucer, Galbladia, Lindblum, the tropical villages of FFX, Rabanastre; F…
Finish What You Started
My parents always tried to enforce the "no dessert until you've finished your dinner" rule, though it was often in vain. A staple of parenting, it is an internationally recognised form of bribery that coerces children into eating their greens before stuffing their faces with cakes, ice cream and other tasty rubbish. Although my days of bowing to the wishes of the brussel sprout police have long since passed, I've retained this childhood lesson of finishing what I start and have since applied it to gaming.
Although I sometimes play multiple games side by side, I rarely start a first playthrough of a narrative driven game before finishing the last. There can be no Crysis 2 until I've cleaned my plate of InFAMOUS 2 and no Portal 2 until I grimace through the far less palatable LA Noire. I do make exceptions with trophying, second playthroughs and smaller downloadable games, but I almost always finish one game before starting the next.
I like to get the most out of m…
Musings of a Gamer VI
Unfortunately there is no Monday Spotlight today. I had a topic ready to go - Sonic Team - but I just couldn't find the time to research and write the post. Having the mother of all hangovers yesterday didn't help matters either. The Spotlight should return next week, time and alcohol tolerance permitting.
1. Parkour and Motion Sickness
Last week I picked up a copy of Mirror's Edge for the wallet friendly sum of £5. I love its unique style and the first person clambering is wonderfully executed. Its really satisfying once you build up speed and are able to tackle consecutive obstacles in one smooth movement. EA did a great job of recreating the balletic and free-form moves of parkour and it allows the game to shine. Unfortunately, due to the unsteady, first person person perspective I can't play Mirror's Edge for more than twenty minutes without feeling dizzy and nauseous - a problem which I know is shared by other gamers.
Motion sickness aside, my main problem with M…
Gamescom 2011 - Round-up
Gamescom snuck up on me yet again this year. It wasn't until I saw industry-types posting pictures on Twitter of German beer and bratwurst that I remembered that this is the week of Europe's biggest video game show. Being post E3 and pre Tokyo Game Show, it is easy to overlook Gamescom, but over the last two or three years its had a steady output of big announcements, new trailers and demos, even stealing much of TGS' thunder back in 2009 with the unveiling of the PS3 slim and a number of high profile games.
Thus far (there is still one last industry day remaining) there haven't been many surprises at the Euro-centric show. We've had a couple of new announcements, but mostly we have just learnt more about already announced games.
If anything major occurs today, then I'll be sure to either add it here or in a later post. But for now, in no particular order, here is a round-up of some of the bigger stories of the last two days.
Announced and shown dur…
The Allure of Final Fantasy - Part 1: Moogles & Memories
Finishing the last big game of the summer - InFamous 2 - and still a couple of weeks away from the next release of interest - Resistance 3 - I have found myself struggling for something to play. In an effort to get my nightly gaming fix, I started looking back over my PS3 library to see if anything jumped out. Aside from some trophying, nothing really appealed, so I looked a little further back and, for the briefest of moments, rediscovered my once voracious appetite for all things Final Fantasy.
I decided that now was the perfect time to re-live some of the glory days of Square-Enix's world famous RPGs. I quickly loaded up FFVII from the XMB, sat back and sabotaged the Midgar Mako Reactor for the umpteenth time. The next day I stumbled upon a £5 copy of Mirror's Edge, a game I've been meaning to catch-up with for some time, and downloaded Outland; thus my brief return to vintage Final Fantasy was shelved.
I have been a fan of the series since first discovering Final Fantasy VII…
Monday Spotlight – The PlayStation 2 Launch
Each and every Monday I take an in-depth look at one video game topic. This can be anything related to games and the industry, from individual titles and consoles to developers and prominent figures, and everything else in-between. All related topics are fair game and I will offer some history, commentary and insight for each. Check back each Monday for a new spotlight, and click here for past entries.
Sony took the world by storm with their maiden console. The PlayStation routed its more established competition - Nintendo's N64 and the Sega Saturn - and became the unquestioned king of the home console. The fledgling machine would shift north of 100 million units worldwide and became a byword for home console gaming, featuring a number of high profile exclusives from Final Fantasy to Gran Turismo.
The PlayStation was so good that I, a devout SEGA gamer, decided to sell my Saturn, games and peripherals just so I could join the swelling ranks of PlayStation owners. As much as I'd…
Routines & Gaming Ruts
I am a creature of habit. I like to organize the things I enjoy in my free time into a set routine, and woe betide anything or anyone who dare interrupt it. Over the last year, increased responsibilities have eaten into my spare time, so I like to make sure that I can make the most of what I do have and ensure that I can fit-in the things I enjoy.
Being the dangerous loose cannon that I am, I tend to throw caution to the wind and avoid routine at the weekends. However, on weekday evenings there is a set time slot for blogging; surfing the net, which usually follows the order of hotmail - twitter - my blog - ESPN - Kotaku - 1UP - checking online game retailers - freestyle surfing; exercise; studying Japanese, which often involves me laying on the bed for 15 minutes with a text book covering my eyes; rubbish TV and of course playing video games.
I do not adhere to this routine because I fear the world will implode if I don't. In fact, most nights I will have to jettison at least one…
Starved for Attention - Overlooked Games
Today I'm going to look at some titles that slipped under the radar, were forgotten before their time, or sunk by overly critical reviews. Later in the week, I will return with some examples of over-rated games, that were lifted above their station and, in my opinion, given far more credit than they deserved.
Some games just don't get the attention they should, and the reasons for these oversights are as varied as the games themselves. The examples below include lower profile entries in bigger series, games that were released at the very beginning or tail-end of a console/generation, titles with a limited release and others that were overshadowed by similar, more visible games. What they all have in common, however, is that they are well worth your time, despite what you may have heard to the contrary.
Lost Planet 2 was the victim of its own hype and pre-release success. Tantalizing details and impressive co-op demos had consumers eager to get their hands on Capcom…
Monday Spotlight – The Legend of Dragoon
I was a huge Final Fantasy fan during the PlayStation 1 era and the early years of the PlayStation 2. I still do enjoy the series, and list a number of entries amongst my favourite games of all time, but the prospect of a new FF does not excite me as it once did.
I first experienced the series with Final Fantasy VIII in early 2000. I sunk over one hundred hours into that adventure, maximizing my stats and attempting to complete every side mission and gather every collectible, and have since replayed it three or four times. I quickly sought out a platinum/greatest hits copy of FFVII and w…
The Allure of Final Fantasy - Part 1: Moogles & Me...
Musings of a Gamer V
Memorable Midpoints
Monday Spotlight – Farewell to the Red Faction


DTO creates inspirational music. Recently released Album "Nameless Energy" perfectly depicts the class and skills of the artist. Dave is a devoted kind of person always in the mood of helping the other beings. If you listen to his music the words first come into mind will be sweet, peaceful and soothing. All tracks of his album are melodious and you can put them on when you are on a long drive or while having Yoga in the early morning or when you want to calm yourself.
Checkout the Album on soundcloud.


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Going wild on Bonaire
Story and photography by Liz Beddall
The island of Bonaire, a special municipality of the Netherlands in the Caribbean Sea, sees approximately 80,000 tourists per year, many of whom come to dive or snorkel its famously clear waters.
Inland from Bonaire's renowned sand, surf and scuba is an untamed island unlike any other in the Caribbean
"Now, turn off your lights, kick your legs and look down."
It's approaching midnight when the dive guide gives this command to the 15 snorkellers floating five kilometres off the west coast of Bonaire.
If they were on land, they might have already retired for the night, along with the others who come to this tiny island, a special municipality of the Netherlands in the Caribbean about 80 kilometres north of Venezuela, to loll in the sun and experience some of the best diving and snorkelling in the world. But here they are, their waterproof flashlights dots of bobbing light on a patch of ink-black sea, ready to prove that no wild place really ever goes to sleep.
The lights switch off and 30 legs begin to kick, at first tentatively then more vigorously. In response, thousands of crustaceans called ostracods explode with bioluminescence, transforming the water into a shimmering canvas rivalling that of the star-strewn sky above.
When the spectacle is over, the snorkellers clamber aboard the dive boat and motor back toward Kralendijk, Bonaire's capital and the site of its first dive operation, which opened in 1962, effectively heralding the beginning of tourism on the island. The diving industry grew slowly at first but began to boom in the 1980s, fuelling the proliferation of shops, bars, restaurants and resorts that today line a good portion of Bonaire's west coast, from which most tourists tend not to wander.
Yet behind Kralendijk's bubblegum-bright aesthetic and away from the beaches and dive sites of this leeward side lies a lesser known Bonaire, one filled with terrestrial exotica — feral donkeys, sweeping cactus-filled plains and towering pyramids of salt, to name but a few — that most wouldn't associate with a Caribbean island. When paired with its marine treasures, these dry-land delights help make Bonaire a truly wild island that punches well above its weight in a region that's packed with holiday-destination heavyweights.
Pick up the Fall/Winter 2018 issue of Canadian Geographic Travel, on newsstands Sept. 24, to read Liz Beddall's full story on Bonaire. Beddall travelled to and around the island with Sunwing Vacations, which in 2017 became the only airline to offer direct service to Bonaire from Canada. Sunwing did not review or approve this story.
What it lacks in soft sand beaches, Bonaire makes up for in earnest with a plethora of coral-strewn dive sites.
The easterly trade winds on Bonaire's seven-kilometre Lac Bay make for ideal conditions for beginner and advanced windsurfers, who congregate by the hundreds at at Sorobon Beach.
A pelican chats with some friends at Lac Bay.
A coconut mousse dessert is served at Delfins Beach Resort, one of only a handful of all-inclusives on the island of Bonaire.
Bonaire boasts one of the largest breeding populations of Caribbean flamingo in the world.
Salt, harvested from the surrounding sea, has been produced on Bonaire for more than 500 years. Salt flats cover one tenth of the island's 290-square-kilometre surface. Here, salt mountains sparkle in the late afternoon sun.
Bonaire's crystal clear waters make it one of the world's top destinations for snorkelling and diving.
Bonaire's humble size makes it possible to explore the entire island in a day.
A guest of Plaza Resort Bonaire enjoys a sunset on the beach. The island sees approximately 80,000 visitors per year.
bonaire caribbean diving sun destinations


Three out of four organizations in the oil and natural gas industry in the Middle East have experienced a security compromise in the past 12 months that resulted in the loss of confidential data or operational technology (OT) disruption. This is according to one of the most salient findings of a recent study by Siemens and the Ponemon Institute.
Such cyber-compromises are a common occurrence for 11% of organizations that suffered more than 10 breaches in the preceding 12 months. This is against the backdrop of another finding in the report – organizations believe that roughly one in every two cyberattacks against the OT environment actually goes undetected.
The study, called "Assessing the Cyber Readiness of the Middle East's Oil and Gas Sector", provides a glimpse into the security posture of the region's oil and gas companies. It is based on a survey of 176 executives who are responsible for securing or overseeing cyber-risk in their organizations.
The oil and gas industry is the target of as much as one-half of all cyberattacks in the Middle East. Given its importance for the region's economies, the risks faced by the industry are all the more pressing, notes the report.
The study comes as OT, which encompasses systems that monitor and control physical devices and industrial processes, is increasingly interconnected with IT networks. For all its benefits, however, this IT/OT convergence is opening up new avenues for attacks.
The attendant risks aren't lost on the survey's respondents. Most of them (60%) hold that their organizations face greater risks in the OT than in the IT environment. As much as 30% of the region's attacks target OT, according to the study.
However, insiders were actually found to be the primary source of threat for OT security. This particularly applies to negligent or careless insiders, rather than those acting out of malice. The report notes that, due to the prevalence of insider threat risk, "traditional strategies of air-gapping networks are not an adequate security measure".
The study acknowledged that organizations have begun to adopt crucial measures in order to ward off increasingly pervasive attacks. This includes establishing dedicated OT security teams, partnerships with OT security experts, leveraging security analytics, and introducing cutting-edge monitoring tools.
Having said that, budgets for OT cyber-defenses "have not kept up with the threat", reads the study. Oil and gas organizations in the Middle East were found to spend only one-third of their cybersecurity budgets on hardening their OT environments. Their total cybersecurity budgets, comprising both IT and OT, were lower than those of their global counterparts.
The financial fallout from attacks at the oil and gas sector in the Arabian Gulf was calculated at €1 billion last year alone, reads the report.
The region's oil and gas industry has been in the attackers' crosshairs for quite a while now. In 2012, Saudi Aramco, the world's largest oil company, suffered a major disruption after a virus infected 35,000 of its computers.
In August 2017, attackers used OT-specific malware called Trisis, or Triton, to take out the safety system of an unnamed oil and gas plant in Saudi Arabia, resulting in the halting of the facility's operations.


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Steps to a better commute
Saturday, 25 Aug 2018
AS A daily user of public transport, I would like to forward some suggestions to Prasarana Malaysia Bhd.
Firstly, please do something about the train announcements. It's frustrating when there are no announcements on the next station or they are not audible.
I often see tourists, the visually impaired and new LRT users looking confused due to the absence of such announcements. Sometimes, other passengers have to tell them the name of the next station.
RapidKL also relies on customers to tell them if things like the air-conditioning is not working. I have also had to notify RapidKL sometimes to switch on the fans at certain station platforms.
Why should customers have to do this? Shouldn't this be the job of station managers?
Prasarana should consider introducing an express LRT service. Such a service from stations like Putra Heights to Pasar Seni or Subang Jaya can help reduce commuters' travel time and also overcrowding on trains.
Also, why not extend the train and bus services till 1am? This would benefit night shift workers and tourists. Many big cities around the world have extended their service into the early morning while the New York City subway runs 24 hours a day.
I have also noticed that several walkways and facilities at Prasarana-owned LRT stations are in bad condition. I have emailed RapidKL about this but thus far, no action has been taken.
Recently, I noticed a trader blocking a walkway to an LRT station. I had to email RapidKL more than five times before they finally warned the person.
Also, please do something about the KL Monorail. It's been months since the four-car trains were taken out due to safety issues. What is the long-term solution? The monorail is the only public transport system that serves certain core areas in downtown Kuala Lumpur.
Prasarana should make full use of technology. The Sungai Buloh-Kajang MRT line data is not available in Google Maps. Again, I had to email RapidKL multiple times to remind them to put the data in Google Maps as most tourists rely on it. Also, what happened to the journey planner app with live tracking features?
RapidKL should improve staff working conditions too. I once spoke to a bus driver who told me that he had worked five hours straight without a break. Some drivers even have to stop their buses to go and buy food while ferrying passengers!
Some trains have no door closing sound or blinking lights. There are also no announcements on trains to warn passengers not to lean against the doors. What's the point of having auxiliary police personnel on platforms if they don't tell passengers to stand clear of closing doors or ask them to move in?
Prasarana should also consider installing large ceiling fans at at the Pasar Seni, Asia Jaya and Masjid Jamek platforms to make the wait more comfortable. The current small wall fans don't help much.
I hope Prasarana's senior management will take public transport regularly so they know what passengers have to go through daily.
Tags / Keywords: Opinion , Letters; Public transport; improvement


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CAN: Digging through the past and planting seeds for the future
Building on more than 110 years of history, the Canadian Food Inspection Agency's (CFIA's) Sidney Laboratory – also known as the Centre for Plant Health – will soon be home to a brand new plant health science facility.
The Centre for Plant Health (CPH) is located on the Saanich peninsula on Vancouver Island, on the traditional territory of the W̱SÁNEĆ peoples. This includes the W̱JOŁEŁP (Tsartlip), the W̱SĹḴEM (Tseycum), the SȾÁUTW̱ (Tsawout), the BOḰEĆEN (Pauquachin) and the MÁLEXEȽ (Malahat) First Nations. These are Coast Salish peoples who have lived on the land now known as the Saanich peninsula, and surrounding areas, for thousands of years.
Before the construction of the new facility began, CPH enlisted the help of knowledgeable community volunteers to start sorting through records and artifacts dating back more than a century. The volunteers' findings are like a time capsule of the last several decades of agricultural and horticultural research in Canada and offer a glimpse into the history of the region.
Design concept of the new greenhouse and header house at the Sidney Centre for Plant Health, aerial view from the northwest
Since its establishment in 1912, the Centre has been known by many names: the Dominion Experimental Farm, the Saanichton Experimental Farm, the Saanichton Research and Plant Quarantine Station, the Centre for Plant Health, the Sidney Laboratory and even the "old experimental farm" by some long-time residents.
A new chapter for the Centre for Plant Health
Upcoming work at the Centre for Plant Health will make it difficult for anyone to refer to the site as the "old experimental farm." A new facility will provide CFIA scientists and collaborators with state-of-the-art amenities and modernized tools to advance plant science while supporting Canadian agriculture, global trade, and economic growth.
Most of the current buildings at the Centre are wood frame converted barns and homes built between 1912 and 1961. Having a new, built-for-purpose greenhouse and adjoining building with prep and lab space will improve efficiency and increase capacity for CFIA scientists. This will allow plant diseases to be detected faster and more accurately, which is key to keeping Canadian agri-business, trade, and the environment safe. The facility will also provide added space for scientific collaboration with experts. This will advance research, priorities, and initiatives in plant health science in Canada and internationally.
A site blessing ceremony held on September 21, 2022, reinforced the CFIA's commitment to honor local First Nations communities. Artists from local First Nations will incorporate Coast Salish stories into the design and artwork of the site and buildings, and plants used in landscaping will be native or locally adapted species that take inspiration from Indigenous stories and traditional uses. Representatives for the W̱SÁNEĆ peoples have also been overseeing the construction excavation work to help protect Indigenous interests and build relationships. Discussions are also underway to better understand how Indigenous science, knowledge, and traditions can contribute to the Centre's ongoing work in plant health science.
The new facility will build upon the Centre for Plant Health's celebrated history and provide modern tools and infrastructure to support new generations of scientists to advance plant health science in Canada. This next chapter will continue to reinforce the Centre's importance to local communities and Canadians across the country.
Source: inspection.canada.ca
Publication date: Wed 18 Jan 2023
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Here is a breakdown of our results from this year. For further results and comparisons please visit the DfE webpage.
Teacher assessments were very close to actual results. There are 2 sets of results – with and without disapplication. This is because we had two pupils come into school just a few weeks before SATs, neither were able to take the tests: one was EAL and new to the country, the other was admitted as an emergency case to CAMHs during SATS week. We are hoping these can be disapplied but have to wait until September. Discrepancy between reading TA and result due to mark boundary increasing by 4 marks which has had an impact. Generally in line with national figures. Well done!


The best restaurants, bars, museums, and festivals of New Orleans are in the oldest neighborhood, the French Quarter, just a half-mile from our downtown hotel. From the bohemian elegance of Royal Street to the boisterous party vibe of Bourbon Street, you'll savor authentic Louisiana fare and an electric nightlife unlike any other. Visit during the world-famous Mardi Gras. Take an exciting riverboat cruise or visit an iconic landmark.. Enjoy historic dining at Galatoire's. Savor local Cajun and Creole dishes at Red Fish Grill and walk over to GW Fins for American Seafood. Swing by Lafitte's Blacksmith Shop for booze in a rustic bar built in the 1700's.
Can I park in the French Quarter?
There are several covered and open parking lots in the French Quarter. However, parking is pricey and very limited. Public lots are usually very expensive and metered parking can result in large fines by going over the time limit. For this reason, it's best to leave your car parked at our convenient hotel and make the short walk to your French Quarter destination.
Can I drink on the streets of French Quarter?
Yes, alcohol is allowed outside restaurants and bars as long as it's stored in a nonbreakable container. Most venues will provide "go-cups" you can use to hold your drink so that you can feel free to continue the party elsewhere. You'll want to make sure you drink responsibly because public drunkness is a crime in New Orleans, so always use moderation.


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The maximum distance, has to be positive.
Which Minkowski norm to use. p has to meet the condition 1 <= p <= infinity.
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StatPro Group plc, the AIM listed provider of portfolio analytics solutions for the global asset management industry, today provides an update on its trading for the third quarter of 2005, reflecting a strong performance in what is typically the Group's quietest quarter.
The Board is pleased to confirm that the level of new licence agreements signed by the Group in the third quarter has been much stronger than the comparable period for 2004. Revenue for the nine months to the end of September has been 20% higher than over the comparable period in 2004, and at over twice the rate of revenue growth achieved in 2004 as a whole.
Based on the current market outlook, the good visibility of potential contract awards expected in the fourth quarter, and our recurring revenue model, revenue growth is expected to be twice that achieved in 2004. Overall, trading remains in line with our expectations for the year as whole.
The integration of Delve following the acquisition on 1 July 2005 has been completed with the operations now fully integrated into our London office. We are now marketing the acquired product as StatPro Enterprise Reporting and have since signed two new clients for this solution in the three month period since acquisition.
The final beta testing of the StatPro Fixed Income product is proceeding satisfactorily and we expect to launch the product formally in January 2006.
StatPro continues to have excellent prospects based on a growing range of products, an expanding client base and an encouraging new business pipeline. We expect continued cash generation in 2005, enabling us to continue our investment in growth opportunities as well as to pay a maiden dividend for the year.


Market research reports may forecast increased sales in voice over Internet Protocol (VoIP) products, and the technology may work quite well today, but there's one major hurdle to overcome before you'll see VoIP everywhere: Senior corporate executives have to be convinced it's worth the investment.
easy for technology magazine writers to predict that senior corporate executives will be skeptical about an emerging technology, given that predictions of this type are often self-fulfilling prophesies.
But the reality is executives with purchasing authority often ask two questions: How much will it cost and how much will I save?
If the cost is X and the savings is Y, then Y had better be greater than X. The problem is, the return on investment of a new technology is not often measured in dollars and cents, but rather in the capabilities that aren't provided by current systems.
This is a major message of the VoIP equipment manufacturers, as users are starting to realize that the money saved by bypassing the public switched telephone network (PSTN) on long-distance calls is less than the total cost of ownership.
Ronald Gruia, Frost & Sullivan Canada's enterprise communications program leader, says companies will be motivated to implement VoIP when they notice what competitors can do with the technology . The problem is, with so many companies adopting a wait and see approach, it will take a while for the industry to gain momentum.
Most industry observers seem to agree that we won't know what VoIP brings to the table until we start using it. One student (or, more accurately, professor) of this school of thought is Howard Anderson, founder of The Yankee Group and a keynote speaker at the recent ComNet Conference and Expo in Washington, D.C.
When the telephone first came onto the market, Anderson said, inventor Alexander Graham Bell predicted its primary use would be to notify people that they were about to receive a telegram. Fast forward to the early 1980s, when companies started installing local-area networks (LANs). At the time, the primary driving force was the high cost of printers; companies wanted to buy one printer for an entire workgroup.
Today, a LAN is considered by many as a necessity for any mid-sized organization. Voicemail is also a must-have.
Will IP telephony be considered something that companies cannot live without?


Earlier this month, local entrepreneurs Melissa Shevela and Michael Shevela were awarded the first A Place at Home Franchise in Michigan. The Shevelas have obtained exclusive rights to offer the unique APAH model to seniors in the southeast Michigan, metro Detroit region. Their office will be headquartered in Warren and will also serve the greater Macomb County.
Melissa Shevela will serve as the new franchise's President. She spent 13 years as the owner-operator of a business in the automotive industry. She guided that business through an exponential growth period, increasing sales eightfold during her time there. She has been in the community for 47 years, and has held many volunteer leadership positions as well. She served as the Coordinator for a Salvation Army Soup Kitchen, for example, and remains active at St. Louis Church. She has a B.A. in Marketing, Advertising, and Public Relations from Central Michigan University.
Michael Shevela will serve as the new franchise's Operations Manager. He has 30 years of experience leading professionals in the automotive industry. He spent 13 years working side-by-side with Melissa on their automotive business. He is known for being a consummate problem-solver who relentlessly follows industry standards. He is a lifelong resident of the southeastern Michigan community.
A Place at Home follows four core values. Its founders, franchisees and employees all pledge to be "compassionate, accountable, respectful and ethical." They call it the CARE model.
Company co-founders Jerod Evanich and Dustin Distefano hope to see the APAH "We are CARE" model offered coast-to-coast.
Evanich and Distefano launched APAH in 2012. They began franchising in 2017 after experiencing exponential growth.
Evanich and Distefano make it clear anyone hoping to start an APAH franchise should first examine themselves to ensure they can say they are already shining examples of the CARE philosophy.
"If we can see those qualities in a person we will gladly help them parlay their professional background and acumen into running a successful APAH business," adds Distefano.
Fortunately for seniors in the Detroit metro area, the Shevelas have successfully risen to the challenge.


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Discriminating against PWDs is punishable offence — Uwais
Maryam Uwais
Dayo Ojerinde
A former special adviser to the President on Social Investments, Mrs Maryam Uwais, has said the Discrimination Against Persons living with Disability Act, 2019 has made it difficult for people to discriminate against persons living with disabilities because it is now a punishable offence.
Uwais, at the 2019 Disability summit and career fair organised by Theseabilities Foundation in Lagos on Tuesday, said the new law signed by President Muhammadu Buhari in February prohibits all forms of discrimination against persons living with disabilities.
She said the law was aimed at achieving full integration of the PWDs into the society and would establish the National Commission for Persons with Disability to cater for the socio-economic rights of the PWDs.
"Salient provisions of the Act are worthy of mention. First, it criminalises discrimination against any person on grounds of disability and imposes a fine of N1m on corporate offenders and N100,000 or six months imprisonment or both on individual offenders.
"This is without prejudice to the rights of the aggrieved person to institute a civil cause of action against the offender regardless of whether the criminal prosecution resulted in a conviction or acquittal," Uwais said.
The Chairman of the Foundation, Pastor Ituah Ighodalo, said the roles of the public and private sectors must be harmonised in giving equal opportunities to persons living with disabilities.
He said the Foundation would continuously work with all relevant stakeholders to provide platforms and services to improve the quality of lives of people living with disabilities.
He added that the Act provides that all public physical structures must be fitted with lifts, ramps, road sidewalks and other accessibility aids to enable access on an equal basis.
The Chairman of PUNCH Nigeria Limited, Mrs Angela Emuwa, encouraged parents of children with special needs never to give up on them.
Emuwa said by exposing children with special needs to sporting activities and vocational training, they could also live to fulfill their potential.
Metro PWDs
Mother wants management to return son's hair shaved in school
Flood sweeps Onitsha, kills eight-year-old girl
Onitsha pupils protest against building market near school
EFCC arraigns lawyer over land fraud in Ilorin
President's visit renewed our hopes, Dapchi parents say
Gunmen kidnap Ondo NURTW chief, demand N5m
Father of two-day-old baby allegedly dies through self-poisoning
Gas explosion: P/Harcourt Mall safe, says management
We've not issued any strike notice over minimum wage —NLC


Orlando, Florida is a lovely place to spend Valentine's Day. The beautiful weather, abundance of parks and restaurants, and awesome atmosphere means that it is a place where you and your sweetie will surely love spending some quality time together.
With all of the choices you have available, which ones are the best for spending February 14th? This list has something for every couple to enjoy the special day together.
Embrace your sweetheart's inner mermaid and take them on tranquil date at Sea World's Discovery Cove. There are three celebration packages to choose from, and they all will delight the love of your life. One popular option is to have a dolphin deliver a special package, the contents of which you can choose. There are plenty of beautiful and romantic aspects of Sea World's Discovery Cove, including private cabanas, up close animal encounters, plenty of ways to relax, food and beverages included and sandy beaches.
Other theme parks in the Orlando area have beautiful and romantic opportunities as well.
Walt Disney World Resort has horse drawn carriages that will take couples through Disney's gorgeous scenery. Take a step back in time on one of two routes. You can a carriage ride through Disney's Port Orleans Resort area or Disney's Fort Wilderness Resort & Campground.
Another tour that is offers is a guided tour of Disney Springs with a Venezia Champagne Cruise. You can take a 30 minute or 60 minute edition. There is also a one hour Venezia Wine Tasting Cruise. Both of these are on a 40 foot Italian water taxi, which create a romantic atmosphere.
You can only take the wine tasting cruise on weekends, and you need to make reservations first. Making reservations are recommended for the daily champagne cruise.
Disney Springs has another water related activity. You can take an Amphicar tour, which is available every day. It lasts around 20 minutes, and you take a spin on a restored vintage Amphicar, which works on both water and land. All of these meet at The Boathouse restaurant if the weather permits.
This chocolate infused dinner at The Toothsome Chocolate Feast Kitchen at Universal CityWalk is more than a box of chocolates. After your dinner, you can take a free ride aboard one of the water taxis at Universal Orlando Resorts. It travels between Hard Rock Hotel at Universal Orlando, Loew Royal Pacific Resort at Universal Orlando and Loew Portofino Bay Hotel at Universal Orlando.
At the Loews Portofino Bay Hotel when the sun sets, you can enjoy the live music series that features a blend of pop and opera called popera.On Februrary 15, the hotel is hosting "Harbor Nights Romantica," which is a special evening in the Harbor Piazza from 6:30 to 9 pm. It costs $65 for regular admissions and the VIP is $95. The event will have unlimited foods and wines from each of the hotel's amazing restaurants as well as live music and dancing.
Get Up and Go Kayaking are offering a discount of $5 a person when you use the promo code ClearlyMine. It operates out of locations like Rock Springs in Apopka and Sunset Tours in Winter Park. They use kayaks that are clear so you can see the water better. Travel through three of Winter Park's beautiful lakes.
Sports fans can enjoy a basketball game. Orlando Magic is playing a match with Charlotte Hornets on February 14. Fans can get discounts with the code VALENTINE2019. They are playing at the Amway Center in downtown Orlando.
A free event going on is DOWNTOWN WINTER GARDEN VALENTINE'S DAY CONCERT. The Breezeway Trio will perform an outdoor jazz concert for three hours in celebration of Valentine's day in downtown Winter Garden.
The Thornton Park District is putting on the Valentine's Day Thornton 2ndThursday Wine & Art Walk from 6:30 to 9:30. There is a two for one special love deal happening. You can take a walk and enjoy live music, art vendors, a card reader and stilt walkers as well as 22 places to stop for a drink.
SAK Comedy Lab is having a special 90 minute Valentine's Day event. You can watch the popular Improv show performed with extra love. General admission is $22 a person. The couple's rate for the Sweetheart Special is $52 a couple which includes two free drinks and a popcorn they can share. The "extra" special is $72 a couple and it includes two free drinks, a popcorn they can share and also a message and photo for your date on the Valentine's Day slide show they show on the big screen.
Orlando Brewing is having an Annual Beer and Chocolate Pairing. You and your date can indulge in this self-guided beer and chocolate pairing which features four kinds of 5 oz beers paired with chocolates locally made from CayCakes Bakery.
Music fans can attend the legendary Andrea Bocelli concert at the Amway Center on February 13. If your loved one has a passion for music, this performer might be the Valentine's Day ticket.
Well-Strung: A Night At The Movies is on Wednesday, February 13. The doors open at 7 pm and the show starts at 8 pm at The MEZZ. It features a New York City string quartet that delivers a combination of classic music with pop songs.
Whether you're trying to impress a new love or are looking for a walk down memory lane with your significant other, show your better half how much you love them by taking them out on a special date this Valentine's Day. Hopefully some of these ideas sparked your interest.


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January	3	2017
Family time trumps finances, but saving money is a struggle
Marc Shoffman News, Personal Finance News	investing, Lloyds Bank, Sarah Deaves, savings, wealth
PEOPLE may groan about poor savings rates and getting on the housing ladder, but when it comes to priorities they still rank spending time with family at the top, whatever their wealth.
Research by Lloyds Private Banking has found that 47 per cent of people who feel wealthy say spending time with family is most important, followed by building a nest egg of savings (31 per cent).
In comparison, 54 per cent of people who feel they are struggling financially say that spending time with family is their main priority, but the second biggest focus is maintaining their level of income, which was cited by 28 per cent of respondents.
The study, based on a poll of 2,500 adults, found Londoners and those living in the South East felt the most well off, with average household incomes at £53,950 and £43,800 respectively.
Respondents in the North West felt the least wealthy, where the average income is £32,030 and just eight per cent said they felt well off.
Read more: Saving shortfall looms as UK inflation hits two-year high
However, a fifth of respondents in both the South East and Wales respectively said they were struggling financially, above the national average of 16 per cent.
Sarah Deaves, private banking director at Lloyds Private Bank, said: "When it comes to the important things in life, spending time with family surpasses everything else, and for many it is even more important at this time of year. This is also the time when people reflect on the year just gone, take stock and make plans for the year to come.
Read more: Autumn Statement: What does it mean for savers?
"As part of this, the New Year brings an opportunity for people to review their finances, weighing up the important things that are ahead, whether that is a new car, buying a house or planning for retirement. Putting a considered financial plan in place is really important to help people get in control, making the journey towards meeting these goals much more achievable."
Landbay wins full FCA authorisation	A look back – the key P2P events of 2016
Alternative lending securitisations provide…


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Nissan NV 200 London Taxi could save the London cab driver up to $1,600 a year in fuel costs!
Nissan has unveiled a bold new vision for the future of the London 'black cab' and its 300,000 daily users – the Nissan NV200 London Taxi. The NV200 London Taxi will offer..
A new study by civil engineers at MIT shows that using stiffer pavements on the nation's roads could reduce vehicle fuel consumption by as much as 3 percent — a savings that..
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Filter's Richard Patrick on Donald Trump: 'He's Behaving Like a 4-Year-Old Child'
Spencer Kaufman
Filter have embarked on their 'Make America Hate Again' spring trek, and with a tour name like that, you know frontman Richard Patrick has some strong opinions on Republican presidential candidate Donald Trump.
Patrick stopped by our studio recently to discuss the band's new album, Crazy Eyes, and, of course, we had to ask him about the tour name and his feelings on Trump. "I think he's behaving like a 4-year-old child," Patrick told us in the video interview above.
The Filter frontman goes on to say, "I just find it incredibly frustrating to watch this guy captivate people like a Jerry Springer. Presidents are eloquent, they're Abraham Lincoln ... It seems like [Trump] is putting up this rhetoric and this hate and picking on people that are not the problem."
See what else Patrick has to say about Trump's policies and his hair in the video above. Filter's 'Make America Hate Again' tour continues through late May. See a full list of dates here, and pick up the band's Crazy Eyes album here.
Richard Patrick Discusses Scott Weiland's Death
Source: Filter's Richard Patrick on Donald Trump: 'He's Behaving Like a 4-Year-Old Child'
Filed Under: Filter, richard patrick
Categories: Interview, Music News, Videos


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Privacy and personal photos at heart of case
A decision released by the Supreme Court of Canada last month raises the interesting question of how much privacy an individual may expect with respect to personal photographs taken inside his or her own home.
The story began in June 2001. Agnieska Wojtanowska (Agnes) lived with Douglas Weil in a house in the Regional Municipality of Halton.
On June 1, 2001 she delivered some photographs taken inside their residence to Black's Photography, located at the Bramalea City Centre, to be developed.
The photographs showed marijuana plants growing in the house. They also included "personal" photographs.
Employees of Black's turned copies of the developed photographs over to officers of the Peel Police Service before they gave the original photos to Wojtanowska. The Peel police then delivered the photographs to the Halton Regional Police Service.
A few days later, the Halton police executed a search warrant of the couple's house and seized the marijuana plants they found there.
Wojtanowska and Weil were charged with possession of marijuana, possession of marijuana for the purpose of trafficking, and production of marijuana.
The couple then brought a motion in Superior Court in Milton to exclude the fruits of the search from their trial, based on an allegation that their rights to be secure against unreasonable search or seizure guaranteed by Section 8 of the Charter were violated.
Their motion was granted and a few days later, all the charges were dismissed for lack of evidence.
The judge hearing the motion also ordered that the evidence seized under the warrant be returned.
Apparently, not all the photos were returned, so the couple brought another motion demanding return of the photographs in the possession of the police. The presiding judge ordered that these photographs be returned to the plaintiffs immediately.
She stated, "It is understandable that the applicants are dismayed about the missing photos ... as they contain personal images of the wife of a sensitive nature."
By June 2008, Weil and Wojtanowska had secured the return of all of the photographs.
Understandably somewhat miffed, they sued Black's Photography, their employees who dealt with the photographs, the Peel and Halton police, and the officers who were involved in the investigation.
They claimed that the defendants had violated their Charter rights and breached their copyright interest in the photographs.
The total claim exceeded $1.4 million.
Weil did not want to introduce the photos in evidence at the trial against Black's and the police, and asked the court for an order excluding them from evidence.
The judge dismissed the motion by Weil and ruled that he had to produce the photographs, which could be used as evidence in the trial.
Weil and Wojtanowska then applied to the court for permission to appeal that order.
Justice Peter Hambly turned them down.
In his decision, he wrote "The plaintiffs, having sued on the basis of the use of the photographs by the defendants, cannot now refuse to produce them to the defendants. The defendants can only properly assess the case against them by viewing the photographs. ...
"The plaintiffs are clearly very sensitive about others viewing the photographs. I can understand this. ... However, they cannot both sue on the photos and refuse to produce them."
Weil and Wojtanowska appealed again. The case reached the Supreme Court of Canada on July 9. In a short 42-word decision, a three-judge panel dismissed their application for permission to appeal.
Several lessons emerge from this case.
With respect to criminal charges, citizens do have some expectation that personal photographs may be shielded from the prying eyes of law enforcement authorities.
Suing on the basis of seizure of personal photographs is problematic. The photos have to be entered into evidence and may receive wider distribution than they would without a lawsuit.
Taking "personal" photos "of a sensitive nature" to a commercial photo lab for processing or printing is not a wise idea, especially if they contain evidence of what might be a criminal activity.


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Market-Models Like the NDIS Are Failing People With Disabilities
Vanamali Hermans November 12, 2017 July 10, 2018
The National Disability Insurance Scheme (NDIS) has been one of the most significant social reforms of our time, transforming the way people with disabilities access services and funding. We generally accept that the NDIS has improved the support and quality of life for people with disabilities, but the underlying inequality within the scheme is rarely talked about. So, let's talk about it! If we take a closer look at the NDIS's criteria, application process, and ongoing rollout, we can examine just how much is going wrong, and why market-based models of disability support are further entrenching oppression.
The NDIS, introduced as federal legislation by Julia Gillard in 2013, is an individualised, social insurance approach to providing disability support. This means that government funding is directed to individual 'clients' of the scheme, who can then choose the disability providers they want to 'purchase' from. This policy shift has been heavily based on neoliberal ideology, in which individual responsibility is fetishised and agency, control and choice over consumption is seen as 'empowering'. This market model, like all others under capitalism, ultimately disadvantages those who face multiple oppressions and doesn't account for heterogeneity in the population of people with disabilities.
To access the NDIS, people with disabilities need only apply – sounds easy enough right? But this application process is arduous, often excluding marginalised groups and those who deviate from the conventional subject seen in disability discourses: a white, middle-class man.
As the NDIS assumes a basic level of English and education, requiring people to request support, understand the application process and make informed decisions based on this information, those who are already marginalised in different ways are disadvantaged by the scheme. Those with poor education – most likely to be people of colour, migrants, Aboriginal and Torres Strait Islanders or working class people – may all struggle to overcome the bureaucracy of the scheme, and be unable to apply for the support they need. For migrants, Aboriginal and Torres Strait Islanders and those with intellectual disabilities, cultural and language barriers further impact this ability to access the NDIS.
For those with the means to apply for the scheme, roadblocks present themselves in a strict set of criteria. The citizenship requirements of the scheme exclude those who aren't permanent residents or don't hold a Protected Special Category Visa, as is now the case for many NZ citizens living in Australia. While I am sure many of us would like to hope that the needs of people with disabilities transcend borders and nationality, ABC News has reported that severely disabled children born in Australia are being denied access to the NDIS because their parents are NZ citizens. You read that right: severely disabled children are being denied disability care because of arbitrary citizenship requirements.
Criteria surrounding psychosocial disability produce similar horror stories, with many people with mental illnesses being denied disability care. Psychosocial disability benchmarks are hard to interpret, especially given the NDIS requires an impairment to likely be permanent. This means that people with mental illnesses are at risk of missing out on NDIS support due to their fluctuating support needs; most people with periodic mental illness struggle to qualify for NDIS support packages. The NDIS's psychosocial criteria disproportionately affects some of the most vulnerable people in our communities, who we know are most likely to be disadvantaged by these restrictions. For Aboriginal and Torres Strait Islander people, who suffer some of the highest rates of psychosocial disability because of unresolved social injustice like the removal of children, mass incarceration, and institutionalised structural violence, NDIS support becomes almost unattainable.
It's important to understand that inequality within the NDIS extends far beyond this criteria and application process, having been just as evident in the scheme's rollout. What often goes unacknowledged when discussing different states' and regions' gradual transition to the NDIS is that many areas in remote and rural Australia are left waiting; government support has been withdrawn in some places leaving people with disabilities without specialist allied health services altogether.
We know that people living in rural and remote Australia are those most likely to be living in poverty, with lower median gross household incomes, widespread unemployment and highly-priced goods and services. We also know that rural Australians already face challenges when accessing healthcare; these challenges associated with higher rates of chronic conditions and disabilities. Although there is no difference in the prevalence of disability for women living in rural and remote Australia compared to those in cities, for men rates of disability are 20 per cent higher.
It is impossible to deny that this spatial inequality is racialised, with colonialism rearing its ugly head in a disability scheme that fails to meet the needs of Aboriginal and Torres Strait Islander people living in remote communities across Australia. Because providing adequate services in remote locations may not be 'economically viable' for organisations, many remote communities continue to be unable to access disability providers. This is despite the fact that there is a significantly higher rate of disability in the Indigenous population, with up to 45 per cent of Indigenous Australians over the age of 15 saying they experience a disability! As one of the starkest examples of neoliberalism's perversion of disability care, this demonstrates exactly why market-models fail people with disabilities – they will disregard those who are in most need of support if there is no economic incentive.
This is only a snapshot of the ways in which the NDIS continues to leave many people with disabilities behind. It is undeniable that race, class, gender, and one's overall material conditions determine access to the scheme. It's easy enough to blame the Gillard government, or the subsequent Liberal governments as responsible for poor planning and ongoing healthcare cuts, resulting in this mess. While these people are all responsible, this misses the point – it is neoliberalism and blind faith in the market that has failed disability care in this country. Market-based models that fetishise the individual in the name of 'empowerment' only further entrench oppression, with profit and marketing, rather than the welfare of people with disabilities, driving the provision of services.
Sociologists, policymakers and governments alike should turn to the words of Peter McLaren, who reminds us that bodies are the primary means by which capitalism does its job. As such, disabled bodies, often incapable of contributing to capitalism, are fundamentally at odds with this system. A neoliberal approach to providing disability support then, like the NDIS, will never achieve liberation for people with disabilities.
Category: OpinionTagged: AccessibilityCapitalismDisabledPolitics
Vanamali Hermans
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Opinion October 23, 2017 July 10, 2018
Minor Defects


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2019 Seminar Information
A little Karma goes a long way...
We are elated to share that HOBY Maine has been chosen by the Scarborough Hannaford as the latest beneficiary of the Hannaford Helps Reusable Bag program! This means every time anyone purchases the blue reusable bag with the good karma message at the Hannaford in Scarborough, ME during the month of March, we receive $1~ This is truly a great opportunity for us! Please go to the store, find the reusable bag rack and buy the bag!
Now Accepting Staff Applications for 2016 Seminar
HOBY Maine is now recruiting volunteers for our 2016 Seminar! The Seminar will be held June 3-5, 2016 at the University of Maine at Farmington. Our volunteers make the weekend possible and we could not do it without your help.
If you, or someone you know, is interested in volunteering with us, please send us an application (see links below). If you have questions, feel free to e-mail our Directors of Facilitators: Amy Davis (amy@hobymaine.org) and Ben Glidden (ben@hobymaine.org).
Please note: Application Deadline for Junior Staff is January 1st, 2016. Senior Staff official deadline is April 1st however priority will be given to applications received by January 1st.
If you are interested in other volunteer opportunities beyond the seminar weekend please email us at info@hobymaine.org. We are always on the lookout for Board, Fundraising and Seminar Planning volunteers!
Junior Staff Application (<21years)
Senior Staff Application (>21years)
My HOBY Maine Experience - Erin McKeown
'Silly' Lily (Left) and 'Enthusiastic' Erin (Right)
By 'Enthusiastic' Erin McKeown '15
If someone had told me that within the 52 hours at the HOBY Maine seminar my view of myself and the world around me would completely alter, I would've called them crazy. After HOBY I can say two things: they were crazy and they were right.
After waking up at 5:20 am on Friday morning and driving 2 hours to University of Maine at Farmington, I was beginning to regret my decision to apply. I was exhausted, proven by the designer bags underneath my eyes. The first cheer we did was less than enthusiastic. The offbeat clapping and mumbled words added to my mind's disorganization and doubt of my HOBY plan.
It wasn't until I was sitting with my group (Team Wisdom) that night, when I realized my life had begun to change. I felt judgement free, my hair was a mess and my makeup smudged, and I was focusing on who I was not how I looked. I have never felt more open in my life. I was surrounded by people from all different backgrounds, families and counties, but we were unified by the same goal: to become better leaders. My team and I were working together to solve problems and discussing things we were passionate about like politics, whether colored twizzlers or normal twizzlers tasted better, etc. As I went to bed that night after a rousing card game with all of the HOBY girls on my floor, I began to notice the potential within myself and those around me.
As Saturday sped by in a blur of motivational speakers and leadership activities I realized what was so special about HOBY. It was the first time I had sat in a room and knew everyone in that room believed in me. They all believed that I would succeed in someway and somehow change the world and that support, that HOBY love, completely shifted my views of myself and of the fellow leaders of my generation. I was sitting in a room of explosive power, the strength of empowered youth, and the momentum we can create will move mountains. We were free to express whatever ideas we had, no matter how irrational or radical, and we were encompassed by support no matter how crazy our notions were. HOBY gave me a new motivation, a new passion for life and I was blessed to find the most amazing people I've ever met.
At lunch Saturday I had one of the best conversations of my life. Sitting around the cafeteria table was my junior facilitator Ronnie and fellow ambassadors Luca and Sadie. Throughout the lunch hour we argued, laughed and debated pros and cons of everything we believed in. I no longer felt like I had to fit into a social category of popular girl, soccer player or theater kid. There at that table, with a heated debate flowing around me, I redefined myself. I was no longer what society expected or what my friends wanted, I was me, I became Erin McKeown and, thanks to HOBY, I'm going to find a way to change the world.
My HOBY Maine Experience - Luca Serio
'Loud' Luca (Left) and 'Nutty" Noah (Right)
By 'Loud' Luca Serio '15
My HOBY experience started two days early. I received a call from the junior facilitator at my future table while at a team dinner for an ultimate frisbee team that I wouldn't be able to join at the State Tournament later that Saturday and Sunday. This was initially a really conflicting decision for me, but I can honestly say attending the seminar is worth missing anything. What you might miss back home may feel amazing at the time, but being with such a fantastic group of people and having some of the most intellectual discussions I've ever had will stay with me for far longer than anything else I could have been doing.
The caller introduced herself as Emily and told me something that stuck with me throughout the whole weekend and beyond. "If we ask you to do something, go with it," she said. "Don't be afraid to make a fool of yourself."
With this in mind, I rolled up to the University of Maine in Farmington anticipating awkwardness and hesitation among the students, and even though I was initially correct, by lunch time we caught on with some of the cheers. After our second speaker, Dr. Foster, my peers and I were able to effectively reassure her that she was O-U-T-S-T-A-N-D-I-N-G.
The constant cheering brought us together in a way that I couldn't have foreseen. When some of us weren't trying all that hard, the enthusiasm and effect was notably less, but when we were all wholeheartedly clapping our hands and testing our voices, we shook rooms and flexed out windows. A fellow ambassador, Erin, brought her own cheer to the seminar, I guess you could say that this blew my mind in that it was one of the broadest examples of making the HOBY experience unique and personal. This cheer will certainly appear at more HOBY seminars than she might, and to have the sort of impact - contributing to, altering, and improviving such an ingrained part of the program (cheering) - is amazing to see. Personally, I helped lead in what I hope will become the first annual HOBY cinnamon roll.
At school, each student is directed and instructed what to study and fill their heads with. But when you step into HOBY Central, you are the captain of your own ship. What you take away from the weekend and back to school is up to you and only you. So as someone who told one of my friends the summer before, "I fear nothing more than public humiliation," being told to "go with it," was beyond scary for me. What if I tripped? What if my voice cracks? What if I forget the words? Very real questions I would ask myself.
But at Saturday lunch, my senior facilitator, Ben, made all of that go away. As I went to take a bite of my roast beef sandwich, I was stopped by two words: "HEY LUCA." It was at that moment I realized that I was going to have to get down. I was secretly awaiting this moment with a mixture of dread and excitement. Maybe again, I could be the first one to do something. And as the first ambassador to get called out to get down alone, I took my chance and got down like it was a school dance. The applause told me that I had impressed, and the feeling told me that my fear, supposedly my biggest fear, no long was part of my life. If there was one moment that I could relive from the weekend, that may be it.
Going to HOBY, sitting idly in the back and not talking a lot will change how you see world. But going to HOBY and grabbing each opportunity by the horns will change your life. To anyone needing revival, inspiration, rejuvenation, or even a few friends they're going to have forever, look no further.
Thank you Sam's Club - Augusta, ME!
We are extremely grateful to Sam's Club in Augusta, ME for becoming a 2015 Outstanding Community Sponsor with a generous donation of $1000!
Sam's Club facilities are encouraged to support nonprofits or other causes important to their community, provided they fall within one of the Walmart Foundation's focus areas ( Hunger Relief & Healthy Eating, Sustainability, Women's Economic Empowerment or Career Opportunity). Other local areas of focus may include Education and Youth Success.
www.samsclub.com
On behalf of our volunteers, alumni and ambassadors we thank you!
HOBY Maine 2014 was OUTSTANDING!
On Friday, May 30th - 53 slightly nervous and uncertain High School sophomores from across the state of Maine from Fort Kent to Elliot arrived at the Olsen Student Center on the University of Maine Farmington's campus.
For three days these outstanding young leaders worked together with a team of dedicated volunteers to explore leadership and service and learned that they have true potential to make a positive impact on their communities. Each student actively engaged in learning activities to understand how their values shape who they are as a leader and how understanding their leadership style as well as the styles of others can make them better team members. Team challenges put their learning to the test!
Our ambassadors had the opportunity to listen to and interact with several amazing guest speakers throughout the weekend including Attorney General Janet Mills, Rep. Justin Chenette, Jamie Marcus - Director of Admissions UMF, Laura Moorehead - Institute for Civic Leadership, Jeffrey Jordan - MidCoast Regional Redevelopment Authority, Will Nelligan - Analyst at Archer Gray, LLC., Nate Kane - MYAN and Staci Olsen - Girls on the Run.
Brooke DePuy, one of our 2014 alumni shared this about her experience:
"It is a simply life changing experience. All of the ambassadors are there for the same reason that you are, which is a great feeling. It's a once in a lifetime opportunity that no one should pass up! You learn so much about yourself, how to be a leader, and how you can create a ripple effect that could change the world. Everything that goes on at HOBY is so inspiring and it encourages you to really be the best that you can. In the midst of all that, the HOBY experience is also a blast! And you meet so many great people."
Thank you to all our sponsors and dedicated volunteers who made this weekend possible!
Outstanding Community Sponsor - Sam's Club in Scarborough
A big shout out to Sam's Club in Scarborough, ME for becoming our most recent Outstanding Community Sponsor with a generous donation of $1000!
Outstanding Community Sponsor - Walmart Scarborough, ME!
Thank you to Walmart in Scarborough, ME for supporting HOBY Maine with a $1000 Community Grant!
From Walmart's Community page: "Walmart believes in operating globally and giving back locally – creating impact in the neighborhoods where we live and work. Through the Community Grant Program, our associates are proud to support the needs of their communities by providing grants to local organizations."
From all of us at HOBY Maine - thank you Walmart Scarborough for your generous support of our program! Your donation makes it possible for us to continue growing youth leaders for the future of Maine!
Skylar Thorne Kelly joins HOBY Maine 2014 team
We are SO excited to welcome Skylar Thorne Kelly to the HOBY Maine 2014 team! Skylar brings extraordinary talent in telling stories and will be helping us tell our HOBY Maine story through his photos and video. Working behind the scenes he will capture the outstanding transformations that happen throughout our seminar weekend.
Skylar is a jack of all trades. Most of his days and weeks vary between photography and video production, but sometimes he dabbles in carpentry, landscaping and heavy equipment operation. He reads lots of science fiction, history and picture books.
Skylar is looking forward to HOBY because, in his own words: "HOBY represents an opportunity to connect with a younger generation and reflect on their experience of 21st century America. I want to know what challenges young people face today and how they are adapting to excel in their environment."
His favorite leadership quote is from Thomas Jefferson: "In matters of style, swim with the current; in matters of principle, stand like a rock."
Please join me in welcoming Skylar to the HOBY Maine team!
Chris Hebert returns to HOBY Maine as a Senior Facilitator!
Chris Hebert attended HOBY Maine in 2007 as an ambassador from Wells High School. He returned as a Junior Facilitator in 2008 and graduated from Salve Regina in 2013 with a degree in Global Business and Economics. He is currently working as a Contract Specialist at the Naval Undersea Warfare Center in Newport, RI.
When asked why he wanted to return to HOBY, Chris said: "I had an amazing experience when I went to HOBY as an Ambassador and I really want to help others have a great experience."
His favorite quote is: "Do not go where the path may lead, go instead where there is no path and leave a trail."
Welcome back Chris! Excited to have you on Senior Staff!
HOBY Experience
HOBY Maine
(207) 200-HOBY (4629)
info@hobymaine.org
EIN: 20-1060056
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HOBY Maine wants to stay in touch with our alumni, volunteers and friends. If you are interested in receiving news and event updates please subscribe to our mailing list by clicking here to access our online form. We are managing our mailing list through MailChimp so subscribing, and unsubscribing, is simple.
Also, be sure to "like" our Facebook page here and if you are an alumni and would like to be added to our Alumni Facebook group please email alumni@hobymaine.org.


Queensland Law Society's recent awareness campaign highlighting the abuse of our elderly has seen an increase of community understanding and led to more victims seeking support.
The trial campaign was launched on World Elder Abuse Awareness Day as a joint initiative between QLS and the Australian Medical Association Queensland. The trial was spread across GP clinics in north Brisbane with the goal of providing resources and directing victims towards support services.
"This trial was launched across 321 GP clinics in the North Brisbane PHN area, providing doctors with resources to assist in identifying the symptoms of elder abuse and pointing those suffering to support services," QLS president Christine Smyth said.
The campaign was championed by local and state media, with many mentions across platforms, as well as significant engagement on the Society's social media channels.
"The support from the media, community members and our profession was appreciated, with such an important issue requiring the hands of many to create real awareness leading to change," Ms Smyth said.
"I also thank the Elder Abuse Prevention Unit Helpline who were the touchpoint for calls.
"Their staff do a wonderful job of guiding callers to the right sources for assistance, often with very small numbers and resources.
"Staff at the Society also received calls requesting advice on finding a solicitor who could assist in matters such as financial elder abuse.
"Anecdotally, we found that once a caller explained their situation, it became apparent that they may be suffering abuse.
The Helpline has reported an increase in calls since the campaign started and Ms Smyth believes that this is just the tip of the iceberg.
"Often the signs of elder abuse are subtle and not readily evident," she said.
"This makes it very difficult to identify and action, but the consequences are devastating.
"There are few real statistics on this issue, and in most cases, the victim will not report due to fear of retribution or even confusion about what is occurring.
Ms Smyth urges community members to take note of the elderly in their lives during Seniors Week (Saturday 19-26 August), and look out for the signs of elder abuse.
"We are surrounded by many elderly in our local communities, whether at work, at home or even in our local shopping centres," she said.
"If you see something out of the ordinary, ask that person when they are alone if they are ok.
"You do not need to get involved personally, but you can direct them to their local GP for help or have them phone the Elder Abuse Prevention Unit Helpline on 1300 651 192.


You may also need bone grafting if the sinus cavities in your upper jaw are very large, or very low, and extend into the tooth-bearing areas. This often occurs when teeth in the back of a person's upper jaw have been removed many years before, and the amount of bone available for implant placement is limited. A "sinus grafting procedure" is then required. During this procedure the membrane that lines the sinus will be located and elevated. Bone will then be added to restore the bone height and ensure that dental implants of an adequate length can be placed. This procedure often can be performed at the time of implant placement.