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dog attacked by badger
55.6 percent of all dog bite fatalities occur in children less than 10 years old. The results also revealed that it was killed by a heavy blow to the head with a blunt instrument. Posted 7 years ago. In the old days, the "Badger Dog" aka Dachshund was used in badger hunting. There was an 82 percent increase in fatal dog attacks from the 1980s to 2012. My dog ate 1 extreme sour airhead. If your dog decided to have a tussle with the badger your dog would lose I'm afraid, they are very mean animals, quite dangerous. In addition, Badger attacks on humans are uncommon, however, they do occur. The RSPCA has issued a warning to dog owners after a badger was rescued with horrific injuries from a suspected dog attack in Nantwich. As for you cat, if he encounters it, you cat may very well end up being the loser. But it took a pack of them and they were only used to "bay" ("to hold at bay"badgers) them by ganging up and barking, until the hunter could arrive and kill the badger. Not a small badger was feeding on the distance about one kilometer from its sett, when it was attacked by two raccoon dogs. Get your answers by asking now. Bridger's family says they hold no resentment towards the owners or the dog, It is unclear what breed it w… A TWISTED badger baiter who forced dogs to take part in a brutal fight has been banned from keeping animals for life. A young honey badger is enjoying a life of milk and ... well, honey at a Cape veterinary hospital where it is recuperating from a savage attack by eight farm dogs. Wild animals can be very dangerous to both dogs and cats. In the old days, the "Badger Dog" aka Dachshund was used in badger hunting. Badgers are very strong. we put hydrogen proxide on it then smeared it with neosporin and then wrapped it in a towl. ... Can only assume it was either a Grizzly bear or a Badger or dog. I also played a … Badgers can be fierce animals and will protect themselves and their young at all costs. A terrified badger is viciously attacked by a bull-lurcher. My labX Sharpei killed a Badger today and I am worried that she will now be looking for them. Follow Bo's story. 2 dogs were killed(one was a full grown german shepherd) by the beaver and many more were injured. Click the picture of the injured dog at the top of this article to get a close up of what happens. A dog was left with horrific facial injuries after its lips and nose were ripped off when it was maimed by a badger. SC 006467. You can save lives. Badger Totem, Spirit Animal. Why are Shetland Sheep dogs not considered miniature Collies? Most badgers have the same basic physical characteristics. Welwyn Hatfield Council has echoed her call and has advised dog walkers to keep their pets on leads. "He found the badger's body with a deep laceration to its back end and a post mortem examination has revealed that the badger sustained injuries consistent with being attacked by more than one dog. Caution to one side, I can't help if one of these rabid Badgers attacks me with it's viciously sharp teeth. When the dogs returned to the surface, they sustained injuries that indicated they had fought with a badger. Also, folks with Badger spirit, like the Chicken, are very territorial and unafraid of defending their boundaries. Please support us. If the neck and head of a lamb are still attached, and some or all of the organs consumed via biting a hole into the lower abdomen, but not much else, this is often a sign of badger … If your looking for removal of the critter, locate a local earthdog club. 3 0. While escaping the badger was slightly blooding. A Scottish SPCA undercover inspector said, "The member of the public heard the sounds of male voices shouting, dogs barking and an animal squealing coming from a field next to Meadowhead Road. Centres in local authority areas classed as Level 3-4 can only rehome to people living in the same local authority area. Please check which level of restrictions are in place in both the Council area where you live and where the animal you are looking to rehome is on the Scottish Government website. The badger was rescued by the RSPCA from a ditch by a canal in … Possible huge vet bill if badger and dog get in a fight and dog doesn't die. I let my dog run in the grain fields up the road, and in the Fall the farmer advised me that there is a fresh badger burrow on the edge of the field. GRAHAM COUNTY – A man shot and killed a badger Saturday, Sept. 30, as it had a family dog in its mouth. He can get very hurt. When is the best time to get my boy neutered? In the old days, the "Badger Dog" aka Dachshund was used in badger hunting. Even though they're small, they can do a lot of damage and even kill your dog (if they bite a major vein or something), not to mention the diseases wild animals carry. A sadistic Scots badger baiter who forced his pet dogs to take part in an animal fight has been spared jail today. 14 Responses to Dog Attack on Badger Mountain. Domestic dogs are also a common cause of predation of lambs and sheep (they can also sometimes die of shock after any attempted predation or attack). Therefore, your dog and cat would be easy prey. READ MORE: Glasgow dog attack owner in court over Yorkshire terrier death. The raccoon dog were running after the poor badger… The farmer was trying to warn you to keep your dog away or risk him being killed. Your dog would be in trouble. American Bully / Pitador(pit/lab) Mix. Possible dead badger. Holly. Some of the owners totally ignore their dogs and let them do whatever. my dog just got attacked by either a coyote or badger and she has had her hide ripped her leg about the size of the silver dollar. Badgers don't run they attack. The poisoning and shooting of prairie dogs, which are the badgers' primary source of food, is also detrimental. Other victims included a man who was attacked as he walked home from a pub, in Evesham, Worcestershire. Last year there was a beaver loose in one of the dog parks where I live. Without us, animals like Bo would die. In 2017, there were 25 fatalities due to dog attacks – up from 18 in 2016. They don't usually hunt dogs as prey, but if they got into a fight, they could kill the dog. One man required two skin graft operations, after the badger woke him up and attacked him when he went outside to investigate. He was o…  ? maybe..? Anyone else been attacked by badger during night ride? The badger was rescued by the RSPCA from a ditch by a canal in … Due to the time of night and the nature of the disturbance, the gentleman was not in a position to investigate until the following day. In general, Badger totem people will know how to stay grounded in all circumstances. Holly. The RSPCA has issued a warning to dog owners after a badger was rescued with horrific injuries from a suspected dog attack in Nantwich. We were alerted on 25 April when a member of the public came across the young female badger in a field next to the Ravenscraig Steelworks site. Also, Badger attack avoidance tactics are welcome from any of you lot that have experience in that field. If left unbothered, the creature will for the most part attempt to … You can sign in to vote the answer. Males and females generally have the same head-body length; this usually falls between 56 and 90 centimeters (22.05 to 35.43 inches). While badgers are targeted and attacked by illegal gangs, the dogs used in badger baiting can end up badly injured as well. The beaver has since been trapped and removed, but it was super scary! A 6-year-old Wyoming boy is being hailed as a hero after his family said he was mauled protecting his younger sister from a dog attack. So, you can understand my concern and why I want to know what the dangers are. could a badger catch a cat? Del. Scottish Charity No. They will be more than happy to get out there with their terriers and dachshunds to remove him, which is what these dogs are specifically bred to do. The other problem other than badger attacks, is that apparently badgers can spread some diseases to dogs such as TB - but this is debatable as some people swear that its not true/. Moreover, if a badger is injured or feels threatened by humans, then it can attack in self-defense, with its pretty sharp claws and teeth which are enough to make someone gutted. Badgers are pretty fierce and can fight off much larger animals, like bear. But it took a pack of them and they were only used to "bay" ("to hold at bay"badgers) them by ganging up and barking, until the hunter could arrive and kill the badger. http://www.ruadan.co.uk/uk-badger-digging, A cat could be a tastey meal for a badger. My mom doesn't wanna take him to the vet and I can't. How can I get my dogs nails clipped while im in quarantine? To protect our animal care teams we are following Scottish Government guidelines on coronavirus. A THUG has admitted keeping dogs to compete in barbaric badger baiting contests. Badger baiting involves torturing badgers until death and is a thriving 'blood-sport' in the UK. Make a difference to domestic and wild animals in our care by sponsoring their temporary home at our rescue and rehoming centres or our National Wildlife Rescue Centre.Â. You dog would be killed if attacked. Badgers are very mean animals. How do you think about the answers? On average, 2 people in the U.S. die from rabies each year. I think it is a rural myth. Sicko Robert King, 33, trained three dogs to fight so aggressively one had to b… Consequently, they are very much aware of all the things that are important in … Be very careful. it didn't get into the muscle but it's bleeding pretty good. "Anyone with information can call our animal helpline on 03000 999 999 anonymously and all calls are treated in strict confidence.". The results also revealed that it was killed by a heavy blow to the head with a blunt instrument. While badgers are targeted and attacked by illegal gangs, the dogs used in badger baiting can end up badly injured as well. One of Rose's dogs – Patterdale terrier Stan – whom she claims has been on 35 digs, has injuries to his lower jaw that are typically seen on a dog that has been in a fight with a badger. Badger-baiting was once a popular blood sport, in which badgers were captured alive, placed in boxes, and attacked with dogs. The administration of the Shumikhino District, Kurgan Region, has issued a warning for local residents after attacks on humans by a badger and a raccoon dog were reported. A rogue badger attacked five people during a 48-hour rampage in a quiet suburb. Officers were initially dispatched to a residence on W. Cottonwood Wash Road southwest of Pima at about 7:42 a.m. regarding a possible mountain lion attack. He received roughly 90 stitches and has been home resting. ... One way or another, the badgers always die. My cats also hunt this field ......... what about them? THE dog that attacked little Bridger Walker is at the canine's home with its owners. In 2003 one man startled a badger hiding in his garage, the victim needed skin grafts after the savage attack - the badger then went on a 48 hour rampage injuring four other people. They don't usually hunt dogs as prey, but if they got into a fight, they could kill the dog. badgers are supposed to be pretty vicious when cornered, even if your dog thinks its only playing/curious it could try to hurt him. it didn't get into the muscle but it's bleeding pretty good. To receive seasonal information about how you can help wildlife thrive, along with useful tips on how to look after pets and top news stories, sign up to our monthly newsletter. Police and the RSPCA are investigating after a badger was killed by dogs near a South Cheshire. I have been attacked by dogs in my younger years and am still paranoid of them. We rely on your donations to help put an end to animal cruelty. we put hydrogen proxide on it then smeared it with neosporin and then wrapped it in a towl. Donate monthly and become a member of the Scottish SPCA. A man is behind bars after filming distressing videos of two dogs being used for badger baiting. Unless you have dogs that are breed specifically for these typs of animals (dachshunds and terriers), you do not want your lab messing with it. Badgers are capable of fighting off much larger animals such as wolves and bears. Dogs attack a badger in shocking footage seized by Scottish SPCA inspectors (Image: Handout) Get the stories that matter to you sent straight to your inbox with our daily newsletter. But it took a pack of them and they were only used to "bay" ("to hold at bay"badgers) them by ganging up and barking, until the hunter could arrive and kill the badger. A dog was left with horrific facial injuries after its lips and nose were ripped off when it was maimed by a badger. "This is not the first occasion that voices have been heard late at night in this area and animals have been subject to abhorrent hunting activities. Possible dead dog. Are they really going to get her one day? Badgers weigh an average of 11.7 kilograms (25.79 pounds), though females can weig… A six-year-old boy saved his sister from a dog attack by standing in between her and a charging dog. Teresa S February 9, 2012. Join Yahoo Answers and get 100 points today. Still have questions? Each time this has happened, I called the dogs off and the Badger runs away so they're not as vicious as people say...they're only vicious if they have to protect themselves or their young so you if you don't really have control of your dog then it's a problem, your problem not theirs...Lots of people here in this state talk about how vicious Badgers are, but I have never heard of a dog being harmed by one. "He found the badger's body with a deep laceration to its back end and a post mortem examination has revealed that the badger sustained injuries consistent with being attacked by more than one dog. They are substantial animals with sharp claws and teeth. Using the name 'Aaron' the reporter asks Rose for advice on the best type of dog to get for digging work. The badger was defensing, by snuggling the back to the small spruce, but the raccoon dog forced it to escape. A TWISTED badger baiter who forced dogs to take part in a brutal fight has been banned from keeping animals for life. Talk to a person who really knows animal behavior. The Scottish SPCA is appealing for information after a badger was found dead following an attack by dogs in Lanarkshire. What would the likely outcome be if my 80 pound Black Lab came across this animal. They are also predators. Conran Connor, 21, used three dogs for taking part in brutal clashes with the animals in rural Lanarkshire. The poisoning and shooting of prairie dogs, which are the badgers' primary source of food, is also detrimental. In the UK, this was outlawed by the Cruelty to Animals Act of 1835 and again by the Protection of Animals Act of 1911. If you wish to report an injured or distressed animal, please call our animal helpline on the number shown above. Sicko Robert King, 33, trained three dogs to fight so aggressively one had to b… Did your pets pee on your clothes lots of times? They are also predators. We have lots of very big Badgers, where I live in Wyoming...my dogs and I have encountered quite a few during our hikes and the Badgers are very shy and will only attack if the dog keeps going after them. Make a donation today and help us save animals in Scotland. "It is likely the dogs involved in the attack would also have extensive and shocking injuries, particularly to their heads and faces, and it is doubtful their owners would have sought veterinary attention through fear of detection. You dog would be killed if attacked. Our centres are closed, unless you have an appointment. Have you actually ever seen a badger? As we are not able to rehome animals right now, please don't call us if that's what you are enquiring about, so our helpline team can assist those with animals in urgent need. I totally agree with you. The 33-year-old had fitted the canines with locator collars to allow him to determine the location of the dogs while they were underground. Officers were initially dispatched to a residence on W. Cottonwood Wash Road southwest of Pima at about 7:42 a.m. regarding a possible mountain lion attack. GRAHAM COUNTY – A man shot and killed a badger Saturday, Sept. 30, as it had a family dog in its mouth. This means our centres can rehome to anyone travelling from a local authority area classed from Level 0-2. But I'm really scared is he gonna be okay. 3 0. Hopefully, if the lab came across a badger he'd stay away, at least after signs of aggression/. We are Scotland's emergency service for animals - you can give a lifeline to the animals we help on the frontline.Â, © 2019 Scottish Society for the Prevention of Cruelty to Animals (Scottish SPCA) "The injuries the badger sustained were horrendous and it would have been caused a tremendous amount of suffering before it was finally killed. Maybe in your part of the world, Badgers are different, but I doubt it. my dog just got attacked by either a coyote or badger and she has had her hide ripped her leg about the size of the silver dollar. Badgers are very strong. is it bad to have someone else train your dog? They can also run at a gallop of approx 25 mph. They have short, stocky bodies with short limbs and tail. A man is behind bars after filming distressing videos of two dogs being used for badger baiting. I have been nipped at once while on Badger. Bridger was bit multiple times in the face and on his head during the attack according to an Instagram post shared by his aunt Nikki Walker. Lab Vs badger....i reckon the badger would win =S, cats are less likely to confront a bigger animal so i think they'll probably be fine. "We are appealing to the public to contact us if they know of anyone who frequents this area with lurcher or terrier type dogs and any sort of equipment used for hunting animals.
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Is Resentment Keeping You from Finding Gratitude and Happiness After 60?
By the time you reach your 60s, you've probably let go of some relationships.
Whether the parting was due to divorce, family conflict that got out of hand or a friendship that turned sour, most of us have moved on from at least one relationship.
Could Finding Self-Acceptance Be the Greatest Gift of Aging?


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Q: Wordpress Iris Colour Picker adding iOS touch events I've implemented an Iris Colour Picker into the front-end of my theme thanks to the help provided in this question and all works well on the desktop front. However, it seems as though when it comes to an iPad device the colour picker doesn't work as expected. The mouse dragging event isn't being recognised, however clicking around the colour area works, it's like the mousedrag event isn't being recognised.
Is this a known issue and is there perhaps a way I can duckpunch the functionality into the colour picker?

A: After a bit of investigation, the following code will add touch events to the Iris picker which uses jQuery UI. I did have to make the color picker handle 25px x 25px so it's easier to grab on an iPad, but other than that this works:
    $(document).on({
        touchstart: touchHandler,
        touchmove: touchHandler,
        touchend: touchHandler,
        touchcancel: touchHandler
    });

    function touchHandler(event) {
        // trick to add support for touch event to elements/widgets that do not support it
        // by convetting convert touchevents into mouseevents

        // only apply this trick to ui-draggable elements
        if ( ! $(event.target).hasClass('ui-draggable') ) {
            return;
        }

        var touches = event.changedTouches,
            first = touches[0],
            type = "";

        switch(event.type) {
            case "touchstart": type = "mousedown"; break;
            case "touchmove":  type="mousemove"; break;
            case "touchend":   type="mouseup"; break;
            default: return;
        }

        // convert touchevents into mouseevents
        var simulatedEvent = document.createEvent("MouseEvent");
        simulatedEvent.initMouseEvent(type, true, true, window, 1,
                                  first.screenX, first.screenY,
                                  first.clientX, first.clientY, false,
                                  false, false, false, 0/*left*/, null);

        first.target.dispatchEvent(simulatedEvent);
                event.preventDefault();
    }

redpajama_set_name: RedPajamaStackExchange


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Category Archives: s14: beliefs
The sex offenders' challenge
Posted on November 11, 2008 by Jeremy Gans
My guess last post was right. (Of course, presumably the whole legal community knew this, but not me.) It's on!:
Two convicted sex offenders are invoking Victoria's human rights charter to appeal against being given an extended supervision order in what is a legal first.
One of the applicants is a child sex offender jailed for more than 10 years for his crimes. The man, whose name is suppressed, was convicted for sex crimes against his teenage daughter, another teenage girl and his adult partner. He was given a 10-year extended supervision order when he finished his jail term after a County Court judge found a "high degree of probability" he was likely to further offend. However, his lawyer Graham Thomas SC told a Court of Appeal hearing today his client was not a high-risk child sex offender and therefore not eligible to to be subject to the order.
Mr Thomas also said the sentencing judge had indicated she did not believe the man was suitable for an order but later changed her position. But counsel representing the secretary to the Department of Justice, David Grace QC, said the man's crimes were premeditated and opportunistic. Mr Grace said the sentencing judge included in her reasons the fact the man had shown a lack of insight into his behaviour by denying his wrongdoing. He said the man jumped bail on the day he was due to attend his court hearing on his application for an extended supervision order and had refused to take part in a sex offenders program, despite being offered many times. Mr Grace said the man continued to "thumb his nose up at authority" and suggested he tried to create relationships with females with children while he was in jail so he could groom them for sexual offending.
The second sex offender is appealing an eight-year extended supervision order imposed on him by the County Court on the basis it is too long. The man, whose name is also suppressed, was jailed for more than a year for indecent assault and will also use the charter to argue his case.
Victoria became the first Australian state to implement a Charter of Human Rights and Responsibilities on January 1 and it is the first time it will be considered by Victoria's appeal court. The hearing before Justices Geoffrey Nettle, President Chris Maxwell and Mark Weinberg continues tomorrow.
Um, it's actually the sixth time the Charter will be 'considered' by Victoria's appeal court. The appeal court cited the Charter once in 2006 and four times again this year, including in its appalling Underbelly decision. Here's hoping, though, that this will be the first time the Court actually does the Charter justice, in analysis if not in the final result. Interestingly, all three judges in this hearing are Charter virgins. The case, argued today, is listed for a second day of argument tomorrow. [EDIT: And here's the Hun's take. The tabloid refers to the offenders as 'sex fiends' (fair enough, I guess) and, as is the norm, gives more details of the legal argument than the Age.]
But what is being argued? The article is tantalisingly vague. I can see three types of rights arguments could be made about extended supervision orders (ESOs): Continue reading →
Posted in s 7: limiting rights, s10: degrading treatment, s12: movement, s13: privacy, s14: beliefs, s15: expression, s16: peaceful assembly, s21: liberty, s24: fair hearing, s25: trial guarantees, s26: double jeopardy, s27: retrospectivity, s32: interpretation mandate, s36: court declarations	| Leave a comment
The Charter in the suburbs
VEOHRC's Charter report card, 'First Steps Forward', revealed that many local councils – compellingly regarded as at the coalface of the practical implentation of the Charter, given their service delivery role – were yet to even start crawling during the Charter's first year:
The sector's preparedness is particularly low in ensuring that the processes involved in developing local laws comply with the Charter and in raising awareness about the Charter within local communities.
The failure of 25 local councils to respond to the Commission's survey suggests a lack of engagement with the Charter by some councils that will need to be addressed by councils, peak bodies and state government in 2008.
While recognising the difficulties faced by local councils in engaging fully with the Charter, the sector will need to take stronger action in 2008 to ensure the compatibility of local laws and policies with the Charter and to develop a culture of human rights in local government.
The City of Hobsons Bay didn't feature on VEHORC's list of exceptional councils that had taken strong Charter initiatives. However, the latest newletter from the HRLRC brings some good news about the Charter's impact in the suburbs.
Planning issues involving proposed Islamic facilities are, alas, problematic in Australia. An application by the Quranic Society for rezoning and permission to build a large school in Cawdor attracted considerable media attention, in part because of the involvement of Fred Nile. Cambden Council's May decision to reject the application, citing a slew of planning concerns, has passed this difficult issue on to NSW Planning and Environment Court. By contrast, an application for rezoning and approval to build a new mosque in Newport West' Paisley Park has been less difficult. Apart from leafleting by the Australian Protectionist Party, the sailing has been smooth, with a positive report from an expert planning committee and a recent vote in its favour by the City of Hobsons Bay. Is the difference just in the merits of the two applications? Or is this a Sydney/Melbourne thing? Or has the Charter made a difference?
The Panel Report on the proposed Blenheim Road Mosque refers to the Charter prominently in its introduction:
We are conscious that the Charter of Human Rights and Responsibilities seeks to protect and promote certain human rights by placing obligations on all public authorities, including local councils, to act in a way that is compatible with human rights and to give proper consideration to relevant human rights when making decisions. Of particular relevance in this situation are the rights to freedom of religion including communal religious observance, and cultural rights….
We are also conscious that any limitations on the exercise of a human rights must be carefully considered and should be the least restrictive means available to achieve the intended purpose. Our consideration of both the Amendment and the Applicaiton recognises the human rights prooteced by the Chater of Human Rights and Responsibilities and takes into account the obligations placed on public authorities.
The Charter gets a further express mention in the discussion of the proposed rezoing of Paisley Park from Education to, in part, 'Private sports grounds and ethnic community establishments' (allowing the construction of a mosque) and, for the remainder, 'Public Park and Recreation Zone'. In addressing the question of whether this rezoning is 'strategically jusified', the Panel introduces the discussion by stating:
[T]he Charter of Human Rights and Responsibilities establishes an obligation to ensure that people can practice their religious beliefs, including communal reigious observance.
This is a pretty strong statement of the effect of the Charter! It depends on the interaction of two Charter provisions:
14(1) Every person has the right to freedom of thought, conscience, religion and belief, including-… (b) the freedom to demonstrate his or her religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.
38(1) Subject to this section, it is unlawful for a public authority to act in a way that is incompatible with a human right or, in making a decision, to fail to give proper consideration to a relevant human right.
Remembering that 'act' is defined to include 'failure to act' and a 'proposal to act', there is a lot going for the Panel's view that Councils are obliged to do what they can to allow local religious groups to worship (and teach) in a communal way. Presumably, that would extend to making planning decisions that faciliate buildings for that purpose, at least where existing buildings don't serve local needs. That is the case here:
It is clear from submissions and inspections that the existing mosque serves an established religious community but is too small to meet their needs. Further, the converted warehouse and dwelling provide substandard facilities for worship. Some of the inadequacies include insufficient and impractical space, poor ablution arrangements, and the effective exclusion of women from worship at the mosque.
But what about the defences to the conduct mandate? Continue reading →
Posted in s14: beliefs, s38: conduct mandate	| Leave a comment
The right to jury nullification
I'm absolutely thrilled at today's verdict in the trial of Joseph 'Jihad Jack' Thomas. This is the second time a jury has examined the case against Thomas and issued a split verdict, clearing him of major terrorism charges and convicting him of trivia. In both trials, the verdict was surprising in light of the evidence, where Thomas confessed to the appearance of being a terrorist, but claimed that it was all a ruse.
While it may be that both juries diligently applied the requirement of proof beyond reasonable doubt, I suspect – and indeed hope – that the split verdicts were deliberate messages aimed at the Australian authorities, expressing outrage at their connivance in conduct that is much worse than anything Thomas is accused of.
There's been some talk lately of abolishing juries. I'm torn by such calls. The complex task of fact-finding strikes me as ideally suited to professionals, who can be trained for their job and can be expected to provide testable reasons for their decisions. But professionals so often tend to toe official lines. These conflicting criteria for good fact-finders appear in the Charter's fair hearing right:
24(1) A person charged with a criminal offence… has the right to have the charge… decided by a competent, independent and impartial court or tribunal after a fair and public hearing.
Lord Devlin beautifully expressed how competence (via the long service of professional life) can be at odds with independence when it comes to the task of finding the facts that connect the law to individuals:
The power that puts the jury above the law can never be safely entrusted to a single person or to an institution, no matter how great or how good. For it is an absolute power and, given time, absolute power corrupts absolutely. But jurors are anonymous characters who meet upon a random and unexpected summons to a single task (or perhaps a few), whose accomplishment is their dissolution. Power lies beneath their feet but they tread on it so swiftly that they are not burnt.
The juries of Jihad Jack managed to accomplish a justice that completely eluded the various institutions involved: the AFP, the Cth DPP, the Supreme Court, the Court of Appeal and the High Court.
The Charter, alas, was inapplicable in Thomas's trials, due in part to its federal aspects (the involvement of AFP and ASIO, and the federal offences) and also (in relation to state aspects, such as court procedure) because of the Charter's appalling transitional provision. If the Charter had been applicable, some weighty rights indeed would have been engaged:
Charter s. 10 (torture): Not only was Thomas (on all accounts) tortured and degraded at the hands of Pakistani and CIA agents, but Cummins J appallingly admitted confessions he made to escape further torture.
Charter ss. 14, 15 & 16 (civil freedoms):The ridiculous offence of receiving money from (as opposed to funding) a terrorist organisation, without any requirement to prove an intent to further the organisation's aims or to commit a crime, would, if it was a Victorian offence, have almost certainly engages the Charter's rights to belief, expression and association. While these rights can be subjected to 'lawful restrictions', that caveat requires that the restrictions be accessible and proportionate. Charging Thomas with an offence that was recently created while he was out-of-contact overseas scarcely meets the first requirement; the 25 year maximum penalty (and the oppressive five-year sentence Cummins imposed) make a mockery out of the second.
Charter s. 25(2)(b) (right to a lawyer): The AFP told Thomas of his right to communicate with a lawyer, but simultaneously informed him that he couldn't exercise it (due to Pakistani restrictions.) Their failure to stop the interview then and there is what made his first trial possible, after Cummins appallingly held that compliance with Thomas's rights wasn't required in the circumstance. If Thomas had access to a lawyer, he would have been made aware of the new offences (and, of course, advised to exercise his right to silence.)
Charter s. 26 (double jeopardy): The Court of Appeal, after correcting the erroroneous admission of THomas's tortured and unadvised confessions, which permitted his first trial, erroneously permitted a second trial, sidestepping a clear High Court authority (not to mention a major ruling of the US Supreme Court) to allow the prosecution to have a second go based on entirely new evidence. The outgoing Chief Justice and Hayne J weren't bothered.
The new evidence was interviews given by Thomas that were published after his first wrongful conviction. A lot of commentators have glibly observed that Thomas was 'badly advised' about giving that interview. But I disagree. Continue reading →
Posted in s10: degrading treatment, s14: beliefs, s15: expression, s16: peaceful assembly, s24: fair hearing, s25: trial guarantees, s26: double jeopardy	| 1 Comment
The right to a parliamentary debate
Posted on October 6, 2008 by Jeremy Gans
The abortion debate yields another first: the first (to my knowledge) published legal advice on the Charter as part of a political debate. Such advices are a regular part of the landscape in other jurisdictions with human rights laws, so it's surely a positive development. The advice is from Phillips Fox to Catholic Health Australia Inc and is written (or signed) by partners Nigel Preston and Rachel Walsh. So, did CHA get their money's worth?
The major claim of the advice is that there should have been a statement of compatibility with respect to clause 8. The problem is Charter s. 48:
48 Nothing in this Charter affects any law applicable to abortion or child destruction, whether before or after the commencement of Part 2.
Preston and Walsh's argument is:
Section 48 is a savings provision, intended to protect laws concerning abortion from being interfered with by or challenged under the Charter, whenever they came into effect. In particular, section 48 was intended to protect the common law on abortion from challenge under section 9 of the Charter… Indeed, an early exposure draft of the Charter contained a caveat to the Right to Life provision that it applied only after birth.
Insofar as the Bill is concerned with legalising or decriminalising aspects of abortion, it is correct to say that those provisions are not subject to the legislative processes established by the Charter. However, the problem is that this Bill affects rights other than those concerned with the decriminalisation of abortion. Clause 8 of the Bill contains provisions that go beyond the remit of section 48 of the Charter, and so should be subject to the Charter's process for scrutinising the Bill for compatibility with human rights and to other Charter provisions (including the interpretive obligation in section 32).
Whereas SARC, in its report, focussed on the words 'law', 'applicable' and 'affects', this argument centres on Charter s. 48's alleged purpose, tying it exclusively to the 'legalising or decrininalising aspects' of abortion and child destruction. I'm not so sure that the criminal law angle on abortion can be so readily separated from the medical law angle – or that the purpose of Charter s. 48 can be precisely discerned – but there's no doubt that the scope of Charter s. 48 is quite a quandary.
So, what are the consequences if parts of the bill are outside Charter s. 48's scope? That depends on these two sections:
28(1) A member of Parliament who proposes to introduce a Bill into a House of Parliament must cause a statement of compatibility to be prepared in respect of that Bill.
(2) A member of Parliament who introduces a Bill into a House of Parliament, or another member acting on his or her behalf, must cause the statement of compatibility prepared under subsection (1) to be laid before the House of Parliament into which the Bill is introduced before giving his or her second reading speech on the Bill.
(3) A statement of compatibility must state- (a) whether, in the member's opinion, the Bill is compatible with human rights and, if so, how it is compatible; and (b) if, in the member's opinion, any part of the Bill is incompatible with human rights, the nature and extent of the incompatibility.
29 A failure to comply with section 28 in relation to any Bill that becomes an Act does not affect the validity, operation or enforcement of that Act or of any other statutory provision.
Preston and Walsh say:
You may be confronted by an argument that the failure to comply with the Charter has no consequences. The basis of the argument is that the Charter requires a process of consideration of compatibility with human rights to be followed at the time of second reading of a Bill, but the Act which flows from the Bill is not invalidated if that process is not followed…. To our thinking, section 29 of the Charter is not the point in this case. The Bill is not yet an Act. This section is designed to remedy a mistake in the processes leading to an Act. This section is not a mechanism to avoid consideration of the Charter in relation to any Bill where the Charter should be considered.
That's certainly true. But it does mean that this legal advice is actually about the legality of non-justiciable parliamentary process. Anyway, Preston and Walsh go on:
The central point is that the human rights protected by the Charter should have been considered at the time when this Bill was introduced into Parliament. The clear objective of the Charter is to facilitate a consideration of those human rights which are protected by the Charter in the debate on this Bill. The wrongful exclusion of the Charter from debate in relation to this Bill has cut short a proper consideration of the human rights which may be affected by the Bill. According to the second reading speech, the Charter was intended to promote a 'dialogue model of human rights', which 'seeks to address human rights issues though a formal dialogue' between branches of government. The exclusion of the Charter from debate contradicts this intended goal. It is not for us to say what might have happened if the Charter had been considered in Parliamentary debate. It is not for us to conjecture whether the Bill would have been amended, or not. This is a matter for Parliament, but more particularly, it is a matter for a properly informed Parliament.
Speaking of the 'exclusion' of the Charter from parliamentary debate is a little extreme. No-one's stopping the Charter being mentioned there or elsewhere. All that's missing is the statement of compatibility. (And, ahem, the Parliament was 'informed' (properly or otherwise) by SARC's report. SARC suggested a similar conclusion on the possible requirement of a statement of compatibility, but by a different argument: that Charter s. 48 didn't have any impact at all on Charter s. 28, because it only affects laws, not bills.)
The advice then goes on to suggest four rights that clause 8 limits: Continue reading →
Posted in s 7: limiting rights, s 8: equality, s13: privacy, s14: beliefs, s15: expression, s28: compatibility statement, s29: no effect, s48: abortion	| Leave a comment
Do hospitals have rights?
The Charter has made the front page of the Age twice in two days, both curiously on the issue of abortion, despite Charter s. 48, which provides that nothing in the Charter 'affects any law applicable to abortion or child destruction.' While the Minister took the view that Charter s. 48 removes any obligation to provide a statement of compatibility (and hence none was provided), SARC questioned whether Charter s.48 has any impact on the debate over bills, which aren't laws and aren't affected by the Charter.
Possibly to the surprise of some, the Charter has been raised almost exclusively by the pro-life side of the debate. They've picked their issue cleverly, focusing not on the abstract debate about whether or not foetuses have human rights but instead on Charter s. 14:
14(1) Every person has the right to freedom of thought, conscience, religion and belief, including- (a) the freedom to have or to adopt a religion or belief of his or her choice; and (b) the freedom to demonstrate his or her religion or belief in worship, observance, practice and teaching, either individually or as part of a community, in public or in private.
(2) A person must not be coerced or restrained in a way that limits his or her freedom to have or adopt a religion or belief in worship, observance, practice or teaching.
Catholic Archbishop Denis Hart wrote, in a 'pastoral letter':
The Bill is an unprecedented attack on the freedom to hold and exercise fundamental religious beliefs. It makes a mockery of the Victorian Charter of Human Rights and the Equal Opportunity Act in that it requires health professionals with a conscientious objection to abortion to refer patients seeking an abortion to other health professionals who do not have such objections. It also requires health professionals with a conscientious objection to abortion to perform an abortion in whatever is deemed an emergency. The Bill is clearly intended to require Catholic hospitals to permit the referral of women for abortions…
Catholic hospitals and the large number of Victorians they serve are also in a vulnerable position. Catholic hospitals will not perform abortions and will not provide referrals for the purpose of abortion. If this provision is passed it will be an outrageous attack on our service to the community and contrary to Catholic ethical codes. It will leave Catholic hospitals and doctors with a conscientious objection to abortion in a position where they will be acting contrary to the law if they act in accordance with their deeply held moral convictions. This Bill poses a real threat to the continued existence of Catholic hospitals. Under these circumstances, it is difficult to foresee how Catholic hospitals could continue to operate maternity or emergency departments in this state in their current form.
In an op-ed in today's Age, Liberty Victoria Vice-President Anne O'Rourke responds to this Charter claim:
The Victorian Charter of Human Rights and Responsibilities does indeed guarantee a right to freedom of thought, conscience, religion and belief, as Archbishop Hart points out. There are two errors in his claim, however. The first is that only human beings, not hospitals or related entities, have human rights
O'Rourke here relies on Charter s. 6(1), which provides that '[o]nly persons have human rights'. This provision reflects traditional human rights advocates' dislike of corporations. Indeed, the Victorian Law Reform Commission, whose recommendations are responsible for the Abortion Law Reform Bill's 'conscience clause', expressly adopted this prejudice as a reason to reject the approach taken in Western Australia of providing every 'person, hospital, health institution, other institution or service' with a conscience clause. The VLRC wrote:
As freedom of conscience is generally understood to be held by individuals, the conscience
provision should not extend to corporations. This is consistent with existing conscience
provisions in other Victorian laws. The danger in extending the provision to institutions is that it may establish a precedent of corporations holding interests that could be categorised as human rights. This could lead to perverse outcomes.
What are those 'perverse outcomes'? A footnote explains:
See, eg, RJR-MacDonald Inc v Canada (Attorney General) [1995] 3 SCR 199. Free speech extends to commercial speech—tobacco advertising laws contravened freedom of expression. There is no reason to extend the provision to organisations because the new law of abortion will not establish a positive duty to perform abortions.
Yes, that old furphy, the supposedly controversial extension of freedom of expression to commercial – not corporate – speech. Not only was the Supreme Court of Canada's decision in that case entirely correct – tobacco sellers were barred from saying that required health warnings were from the government, not them; and the Canadian government declined to provide any evidence for why less broad bans would fail to achieve the desired effect; remedying both defects led to the Supreme Court upholding the new law – but it is, at best, an argument for restritcing free expression, not other rights. The real gripe of Australian human rights advocates with the Canadian case, and corporations in general, isn't any analysis of the decision – there's NEVER anything more than a footnote – but anger that the Canadian government's shoddy lawyering gave the anti-Charter mob a free kick. While the rejection of corporate human rights is sometimes belatedly justified by their supposed power (and hence the potential for them to 'abuse' human rights), that objection is scarcely applicable to all non-human entities. Since when have hospitals and health providers been deep pocketed abusers of legal rights?
O'Rourke's reliance on the limitation of human rights to humans is transparently specious in this case. No-one's claiming that the hospitals (e.g. the building?) have a freedom of conscience. Rather, Hart's claim is made on behalf of the many human beings with a stake in such hospitals, including donors, managers, employees, patients and Catholics in general. Indeed, Charter s. 14(1)(b) expressly refers to people demonstrating their believes 'as part of a community'. O'Rourke (like the VLRC) does the pro-choice side an enormous disservice by relying on a miserly technical knockout, especially one whose flaws are transparent to lay people. Liberty Victoria ought to disown this risible use of Charter s. 6(1).
O'Rourke is on much stronger ground in relation to her second argument, based on Charter s. 7(2): Continue reading →
Posted in s 6: application, s 7: limiting rights, s14: beliefs, s48: abortion	| Leave a comment
SARC on abortion
Posted on September 9, 2008 by Jeremy Gans
The Scrutiny of Acts and Regulations Committee's report into the Abortion Law Reform Bill has now been tabled in parliament and is available on the Committee's website. Because of the Minister's view that Charter s. 48 ruled out the application of Charter s. 28 to this Bill, SARC's report will be the only official analysis of the Bill's compatibility with the Charter that will be available for this week's parliamentary debate. SARC noted some opposing considerations on this question:
The Committee observes that:
Charter s. 48 is limited to 'any law applicable to abortion or child destruction'. The Bill is not (yet) law.
Charter s. 48 provides that nothing in the Charter 'affects' a law. Statements of compatibility have no legal effect.
Clause 10, in extending the definition of 'serious injury' in the Crimes Act 1958 to cover destruction of a foetus, goes beyond the current definitions of abortion and child destruction (which are presently limited to intentional conduct) to cover reckless destruction, threats to destroy, conduct causing danger of destruction, negligent destruction, and dangerous driving causing destruction of foetuses.
SARC, in any case, has a Charter reporting function under s. 17 of the Parliamentary Committees Act, which is not part of the Charter itself and therefore is not affected by Charter s. 48.
SARC's report identified four issues of Charter concern with the Bill:
Decriminalisation of abortion: The Commitee observed that compatibility depends on whether or not foetuses have Charter rights (i.e. whether they are 'human beings' under Charter ss. 3(1) & 6(1)) and, if so, whether or not decriminalisation is a reasonable limit on any right of foetuses to have their life protected by the state under Charter s. 9. These questions are discussed by Germany's Federal Constitutional Court, notably when unification raised the question of the constitutionality of East Germany's very liberal abortion laws.
Potential criminalisation of late abortion: The Committee was concerned that the combination of: (1) provisions permitting late abortions 'only' where two doctors have a 'reasonable' belief that abortion is appropriate in the circumstances; and (2) a provision extending the criminalisation of intentional serious injury without 'lawful excuse' to include foetal destruction that was not in accordance with the Bill; might mean that doctors face the spectre of liability to serious prosecution if they make an unreasonable decision about the appropriateness of a late abortion. This may potentially be an unlawful interference in the right of patients to privacy under Charter s. 13(a).
Mandatory referrals: The Committee thought that a provision requiring doctors with a conscientious objection to refer patients seeking an abortion to doctors without such an objection might be incompatible with those doctors' right not to be coerced away from practices informed by their beliefs under Charter s. 14(2).
Exemptions from the Charter: The Committee was also concerned that the extension of the definition of serious injury in the Crimes Act to include some abortions or child destructions may have the effect of exempting a number of major crimes from the Charter (pursuant to Charter s. 48).
It'll be interesting, perhaps, to see whether the Charter features in the coming free debate and vote.
Posted in s 9: life, s13: privacy, s14: beliefs, s48: abortion	| Leave a comment
SARC on two rights quandaries
Apart from its comments on the new Evidence Bill 2008, SARC's latest report highlights two difficult rights questions posed by bills presently before the Victorian Parliament:
First, given the right to equal protection without discrimination (including on the ground of religious belief and practice), how can Victoria have public holidays over Easter and Christmas, which make it much easier for (Western) Christians to balance work/school and religious observance than other religions?
Second, how, compatibly with human rights, can Victoria solve the problem of litigants accused of violence against someone inflicting further trauma on that person (or intimidating them into dropping their story) by personally cross-examining them? Victoria, like other jurisdictions, has passed laws stopping rape defendants from personally cross-examining rape defendants, but, unlike other jurisdictions that instead provide for the judge or a court-appointed intermediary to do the questioning on behalf of an unrepresented accused, Victoria – on the advice of its law reform commission – instead requires defendants to get a lawyer or requires Legal Aid to provide one. The new Family Violence Protection Bill extends this scheme to respondents to applications for family violence intervention orders in relation to questioning of kids, relatives, alleged victims of violence, people with mental disabilities and anyone else who may be harmed. But there are two crucial details:
first, presumably because there are a lot of family violence intervention applications and many unrepresented respondents, the bill permits Legal Aid to charge for the lawyer they provide, payable whenever the respondent has means (and enforceable via a charge on their property)
second, in common with the scheme for rape defendants, the bill provides for defendants to be told that if they don't get a lawyer (including, if necessary, agreeing to charges from Legal Aid), then, not only can't they cross-examine, but they also can't give evidence contradicting the witness! This seems to be a very strict version of the rule in Browne v Dunn (an evidence law rule aimed at ensuring that parties don't spring factual arguments on eachother.)
The combined result: respondents to many family violence intervention orders will need to pay for the right to defend themselves! Yikes. There's no doubting the importance of the goal of stopping respondents from harassing their accusers, but this is a classic Charter s. 7(2) issue: is the remedy proportional to this goal and are there any less extreme ways of achieving it?
Posted in s 7: limiting rights, s14: beliefs, s24: fair hearing, s30: SARC	| Leave a comment

redpajama_set_name: RedPajamaCommonCrawl


text:
Meet Kati Rose
Kati Rose
Constantly Seeking Wonder
Top 5 Tunes: February 2018 (Plus Bonus Monthly Playlist!)
I have to admit, February was a difficult month to only pick my top 5 songs to show off. That doesn't mean it was lacking, rather there were so many quality songs I thoroughly loved. You may have seen my sneak peek Tweet yesterday with me exclaiming just how good this playlist was. After a lot of pondering, I think I am satisfied with the chosen ones. Let's see if you agree.
1) Make Me Feel – Janelle Monáe
Can we talk about how much of a bop this song is? When Janelle Monáe announced her upcoming album Dirty Computer with an accompanying visual album, I knew we were in for a good time. "Make Me Feel" has raucous keyboards, staccato rhythmic guitars, and all the funk that her former mentor Prince would've provided. It's a super sensual and sexy song, that is also fun to dance to. Bonus: Tessa Thompson makes an appearrance in the music video.
2) 1950 – King Princess
King Princess is a 19 year old new artist whose first debut is to launch Mark Ronson's new label Zelig. Her music is self-produced, self-written, and self-playing of all the instruments. Talk about talent. There's a reason why she's one to watch and already getting plenty of buzz. "1950" is soft and airy, but has a bittersweet quality to it that almost feels haunting at times.
3) Come Wander With Me – Brian Fallon
Formerly the lead singer of The Gaslight Anthem, Fallon is known for his lyrical prowess. "Come and Wander With Me" is a reflection of a broken relationship full of fragility and strength. This song is Fallon at his best with quality introspective rock. (Any Butch Walker fans out there? This is a song for you to check out in particular.)
4) Saturdays – Twin Shadows (Featuring HAIM)
"Saturdays" is a perfect song encompassing all possible vibes of it's namesake. There's a pulsating guitar layered on the shimmering vocals that create a unique mystique. With clear 80s influences, this song manages to pay homage without feeling vintage. A solid pop song that has widespread appeal to both indie and mainstream audiences.
5) Pray For Me – The Weekend and Kendrick Lamar
Black Panther soundtrack does it again! "Pray for Me" is a track that is meant to reveal the internal monologue of the film's protagonist King T'Challa. A strong bass line runs throughout the contemporary electric sound and propels it forward. The two rappers fuse together two different styles in one epic combination. (PS: If you haven't listened to this entire soundtrack and enjoy rap, r&b, and hip-hop…it is a MUST.)
Honorable Mention: "Want You Back" – 5 Seconds of Summer. There was a summer a few years ago when 5SOS was in One Direction's touring pocket and I found myself a pretty hardcore fan of these guys. Then, they went out on their own and the appeal was quickly diminished due to their repeatedly problematic nature. (Even if their debut album was great.) Here we are years later when I thought I was good and clear of them and they pull me back in with a great song. I don't think I'll ever stan them like I did once upon a time, but I wouldn't be surprised to find me jamming to their new album when it is released.
The February playlist below contains 40 tracks. It even has a few never-before seen on my playlist surprises thanks to the K-Pop focus during the recent Olympics. (Bonus points if you can point out any of the three songs I became obsessed with due to figure skating last week.)
Get through your day with a little help from this this epic playlist!
Do you have an artist whose music you love, even if you don't particularly like the artist?
P.S. – Check out the first installment of Top 5 Tunes from January!
Top 25 Most Played Songs
Life Lately: February 2018
Posted by Kati Rose Leave a Comment
Filed Under: Entertainment Tagged: Music, Playlist
About Kati Rose
One day I woke up and decided I wanted to live a life surrounded by all the pleasures I love most. Music, travel, fashion, art, photography, entertainment, and more! Join my on my everyday adventures at Constantly Seeking Wonder!
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