Tuesday, May 31, 2005

Osprey Media Group Inc. - Brantford Expositor

Osprey Media Group Inc. - Brantford Expositor

Sunday, May 29, 2005

Hamilton

Hamilton: "Ont. boosts funding to reduce wait times

Tara Brautigam
Canadian Press


Friday, May 27, 2005"

Friday, May 27, 2005

Winnipeg Sun Editorial: It's highway robbery

Winnipeg Sun Editorial: It's highway robbery: "It's highway robbery
The federal government collected $4.5 billion in gas taxes last year. Of that, only $324 million -- or 7.2% -- was ploughed back into Canada's highways, roads and bridges. "

Wednesday, May 25, 2005

Winnipeg Sun: NEWS - Pressure on senator

Winnipeg Sun: NEWS - Pressure on senator: "OTTAWA -- A Liberal Senator from Quebec is under pressure to resign or give up his corporate interests linked to a lucrative government lease deal.
Paul Massicotte will be called before the Commons government operations committee to explain his role in a rent contract that swallowed $575,000 a month for an office building that sat vacant for nearly a year.
The former Liberal fundraiser was appointed to the Senate by former prime minister Jean Chretien in 2003.
Conservative MP Pierre Poilievre hopes Massicotte's appearance, expected in early June, will lend more public scrutiny to the agreement and help hold the government to account. "

Saturday, May 21, 2005

Online Extra: Turning the Tide of Spam

Fantastic for yhe little guy - now if we could get rid of government scams or spam we would really be winners PR
Online Extra: Turning the Tide of Spam

Friday, May 20, 2005

Winnipeg Sun Editorial: Grits & scandal live on

Winnipeg Sun Editorial: Grits & scandal live on: "We now face many more months of unprincipled, sleazy government by a scandal-tainted party that has shown it cares about nothing more than staying in power, ruled by a PM whom 63% of Canadians reportedly believe is the most dishonest of all the party leaders. "

National Post Amazing -everything is for sale in Canada - the reckoning will come

National Post: "With the votes even at 152-152, it took Speaker Peter Milliken's tie-breaking ballot to give the result to the Liberals -- the first time in history "

Wednesday, May 18, 2005

- Brantford Expositor-You can buy anyone in Canada-including Stronach

Osprey Media Group Inc. - Brantford Expositor: "I�ve never heard of a rat jumping to a sinking ship,� Finley said over the phone from Ottawa a few hours after Stronach and Martin made their announcement together"

Monday, May 16, 2005

Osprey Media Group Inc. - Brantford Expositor

Osprey Media Group Inc. - Brantford Expositor: "Mayor Mike Hancock said the sheer size of the surplus and the fact that they have been getting larger in the past few years suggests the city is having a problem calculating how much tax it is really taking from ratepayers when it sets the rates"

Saturday, May 14, 2005

Hamilton Maybe Officials will be held accountable

Hamilton: "Students who allege abuse permitted to launch lawsuit against government"

Friday, May 13, 2005

Round five - Developer goes to the Court of Appeal

On Wednesday, May 11,2005, Adam Stelmasynski was sentenced and jailed in Brantford by Judge Milanetti. His Appeal lawyer was successful in launching an Appeal at the Court of Appeal in Toronto. Justice Sharpe ordered the conditional release of the developer and for the Appeal to be heard on September 13,2005. On Thursday , Mr. Stelmasynski ,was conditionally released to pursue and perfect his Appeal .

We would like to comment on the Expositor Article "City man lands in prison for GST fraud" that is posted on this blog for your reference and review. It is my firm belief and that of others that Judge Milanetti tried to be fair and even handed in the sentencing of Adam Stelmaszynski, having watched most of the proceedings first hand. One could visibly see the intellectual struggle that she faced on certain issues or new information presented by defense council or on what she felt that she could hear within her jurisdictional bounds. She indicated that many issues presented were out of her jurisdiction and could only be answered by the higher authority of the Court of Appeal

Her comments are empazied and quoted from the May 12 Expositor article. Her decision raises many issues for the higher court to adjudicate.The article leads me to ask the following questions that many would like answers too

We feel that at best this sentence seems to be a marginal victory for the public. A Pyrrhic victory for which fraudster?

What exactly has been accomplished for the public? It appears that we have consumed limited public resources, tied up the existing court, the tax court and the appeal court in a 7.5 year process and struggle, that could potentially have been avoided if the normal procedure had been followed. At this time it appears that the public has no likelihood of collecting any money back- because the revenue Canada people did not secure the tangible assets that the funds were used for. We now have the privilege of paying for the developer to be in jail, and at the court of Appeal, rather then to create projects to make money to pay back his acknowledged debt or create new income. Somehow -this seems like a pyrrhic victory or as you indicated in your previous article and many agree -this is indeed a public fraud.

Was justice served? We do not know yet –as it is before the court of appeal

However, she said the defense counsel’s request for a conditional sentence of two years was also inappropriate, given the “significant” amount of money involved.
1. Why is it inappropriate to allow the developer at least the opportunity to repay the money by working on projects -he is no risk to the community?
2. Why is it appropriate to jail the developer and incur the further public cost of incaceration which is significant?

Elaborate scheme involving 12 sole proprietorships (The basic rights Issue -to be tried by your knowledgeable peers)

i. What is her knowledge of the development process? How many projects in the cumulative 20 million dollar range has she been successful at? Why did she not allow the information or categories as established by the Industry at the trial? The industry standard as given by Quantity survey information could have shed lots of light on this. Was it a elaborate scheme or just basic and common practice for this industry? Mastermind or basic industry practice of profit or cost centres?

That he believed he could apply for GST rebates before a project was complete.

i. Where did he get the information from? The information or reliance of GST procedure must have come from somewhere. Why did it take 3 years for the CST authority to change their minds, particularly after an official audit that said everything was okay and that he was following the right procedure?
ii. It was acknowledged that the money went into the project and not into a lavish lifestyle. In other words, the funds were secured by the development project. If Revenue Canada felt that they were defrauded or that the Taxpayers in general were defrauded, why did they not secure or place a security lien on the tangible project ( land and buildings) to protect their or everyone’s interest? GST and tax liens have a priority claim in Canada.

Milanetti said she was troubled by Stelmaszynski failure to own up to his crime.

i. How can you feel remorse for something that you feel is not wrong because you where following the instructions of the GST people in good faith, or because it has not been heard at the next higher level of adjudication- the court of Appeal
ii. Why did the judge not hear the officially induced error argument? Why did she defer it to the court of Appeals?
iii. Why did she not wait to see how the Federal tax court ruled on the process and get their assessment of the appropriate penalties if any?
iv. Stelmaszynski showed his respect for the law and belief in the fairness or integrity of the Justice system by giving facts and asking for redress and answers in his sentencing. It is still the fundamental right of an accused to seek redress from the presiding judge prior to going to appeal.

Milanetti noted that the new projects are “not unlike” the type of ventures that got Stelmaszynski into trouble in the first place.

i. If the man is a professional developer and a professional -trained with the required skill to do that type of work- just what type of projects or jobs is he supposed to apply for/?
ii. Why is the developer being penalized or censored for his courage, creative skill to innovate and try new projects? This statement is almost derisively UN Canadian and an anti entrepreneurial put down. Innovation is usually a highly prized sought after skill and norm used by most progressive enterprises to generate growth, or revenue stability.
iii. We do agree that innovation is troublesome and difficult to do in Canada in its current state of flux as demonstrated by the Gomley commission.

The judge said she was “saddened” to sentence the father of two to penitentiary time for a first offence. But Stelmaszynski behavior cannot be sanctioned, she said.

i. How can she then sanction the behavior of those that gave him the money, audited him and gave him more money? Where is the fairness and accountability in this? Are there any standards at all –or do we make them up as we go along?
ii. How can you sanction the inadvertence and breach of procedures displayed by Revenue Canada? How can criminal proceedings be used to thwart the internal revenue Canada appeal process? Is there an abuse of power and overstepping of authority in this case? We will see what the Appeal court says.

What could the public learn from this? The other side of the coin

The case was made that the Canadian taxation system is based on trust. This argument works both ways and should not be interpreted in a one sided manner. If the taxpayer gets information from the authority -in this case Revenue Canada – should he not be able to trust the information to be correct without having to interpret its correctness?

i. The message is clear “ Do not trust government information, do not trust government officials in authority or you do so at your risk “
ii. Internal government departments do not appear to communicate with each other and accept no responsibility or accountability for each other or their actions
iii. Government officials are exempted from normal rules of ethical business conduct, communication and good business practice. There are minimal quality assurance programs in place and when in place are often ignored with impunity. Government officials appear to be above the law.

What flaws were exposed in the process? The Cost/ benefit issues

a. Complexity, official irregularities and a lack of timeliness
i. Why did it take 5 years and potentially another 2.5 years in the court of appeals to get a final ruling on this case?
ii. What was the cost of the process? Manpower, court costs, lost productivity etc.
iii. Why was the fraud or “mistake” not found before or sooner? Who is in charge or accountable for this? What system has been put in place to ensure that this does not happen again?
iv. Why was the internal RC appeal process not followed? Why does the criminal charge –stop all other means of adjudication?
v. Why did revenue Canada not secure the publics interest by placing a claim on the development project- the land and building?

Multiple jurisdictions with no central governing authority that are often in conflict with the stated law

i. How can they charge interest on the interest? it appears that the civil penalties and interest were still being charged ,although the normal appeal procedure could not be used to resolve the issue because of the criminal charges. This appears to be blatantly unfair and an unwarranted double dipping or churning strategy. There is a law in Canada against charging criminal interest-. (The law should apply to government organizations too- no matter what their apparent good intentions are )

Out matched in resources –the court is not an equal playing or fair sport field

i. Let any citizen or individual beware of the public resources that will be used against him.-rightly or wrongly. It was interesting to watch as an intelligent individual with limited legal aid resources took on the unlimited resources of the crown. This remains a true David vs. Goliath situation with final outcome still to be determined at the court of appeals.

Winnipeg Sun Editorial: Land of the banana

Great credentials to lead a great country!- let's clear the air soon PR
Winnipeg Sun Editorial: Land of the banana: "* A Strategic Counsel poll released Tuesday found a majority of Canadians surveyed believe Martin is the federal leader most likely to lie if he thinks it will be to his advantage (61%), the most hypocritical (54%) and the most dishonest (63%). The respective numbers for Harper were 26%, 29% and 20%. "

Thursday, May 12, 2005

Winnipeg Sun: NEWS - Polls apart only increase the confusion

Winnipeg Sun: NEWS - Polls apart only increase the confusion

Osprey Media Group Inc. - Brantford Expositor get ready for the Appeal

Osprey Media Group Inc. - Brantford Expositor: "City man lands in prison for GST fraud

By Cheryl Bauslaugh
Local News - Thursday, May 12, 2005 @ 01:00

A 54-year-old city man who bilked the government out of more than $700,000 in GST rebates was sentenced Wednesday in Superior Court to 30 months in a federal penitentiary.

Adam Stelmaszynski, of Applegate Drive, was also fined $702,646.59 � the same amount the former developer claimed in GST rebates for three failed condominium projects.

Justice Jane Milanetti rejected a bid by federal prosecutor Gerry Smits to have Stelmaszynski spend four years in jail, noting that the maximum sentence for this type of crime is five years.

�Four years would be excessive,� she said.

However, she said the defence counsel�s request for a conditional sentence of two years was also inappropriate, given the �significant� amount of money involved.


�He was leveraging government money in hopes of making his own,� she said.

Stelmaszynski was found guilty last October of two counts of fraud and two counts of attempted fraud, following a 3-1/2 week trial.

From December 1996 to January 1999, Stelmaszynski operated two companies � Alexander Street Lofts Development Corp. Inc. and Dundurn Street Lofts Inc. � with the idea of converting unused warehouse space in Hamilton, Welland and St. Catharines into loft-style apartments and condominiums.

He also set up a dozen sole proprietorships which billed his corporations for $10 million in work. Yet, only one of three projects � Dundurn Lofts � was ever owned by Stelmaszynski and it was not completed, the judge said.

�Mr. Stelmaszynski had developed a"

Wednesday, May 11, 2005

Winnipeg Sun Editorial: Liberals cling to power

Winnipeg Sun Editorial: Liberals cling to power: "Two things became clear as a result of yesterday's shenanigans in the House of Commons: The government has lost the confidence of a majority of MPs and the Liberals are going to cling to power as long as humanly possible. "

Tuesday, May 10, 2005

Macleans.ca | Top Stories | Politics | Meet the real Stephen Harper

An interesting profile of Steve Harper - he had passion and intellect it seems . PR
Macleans.ca | Top Stories | Politics | Meet the real Stephen Harper: "The real Harper is instinctively strategic, occasionally volatile, and always passionately partisan. Don't assume those eyes are icy. The hottest flames are blue, too."

News | canada.com network What did we get -no one knows-

News | canada.com network: "We're left today with a somewhat sketchy list of details the premier has outlined, combined with some curious words from the prime minister about how just about all of this money was included in their existing plans and budgets anyway,' said Conservative Leader John Tory. "

Monday, May 09, 2005

HamiltonFed deal improves Ontario's finances

A repreive -but what happens next -is there a plan or more seat of the pants giveaways ro the liberals special interest groups? Pr
Hamilton

Sunday, May 08, 2005

Winnipeg Sun Editorial: Mulroney and the Liberals

Winnipeg Sun Editorial: Mulroney and the Liberals: "Watching Paul Martin and the Liberals trying to bribe Canadians -- with their own money -- into voting for them yet again, reminds us of P.J. O'Rourke's famous line from Parliament of Whores that 'giving money and power to government is like giving whisky and car keys to teenage boys.' "

Saturday, May 07, 2005

David versus Goliath - Round four Report

On Monday , Adam , the developer convicted of GST fraud ,will face the sentencing hearing to determine his short term fate. No matter what happens - the decision will be instantly appealed . There are many issues that still need to be resolved to ensure that the fair trial by ones peers precedent is honored.

The fact that the issue has not been heard at the Tax court of Canada, or that the internal administrative appeal procedures at Revenue Canada have been completed , " because they cannot until the criminal procedure ends, adds to the suspense.

The sentencing hearing will be at Brantford Court house at 10:00 P.m on May 9. We will keep you posted.

Friday, May 06, 2005

Winnipeg Sun Editorial: Outrage after outrage

It has got to stop -no accountablitiy- arrogance and the lack of spending equity! Why don't we get rid of the parasites that infest our government or give them the same treatment that they so "Generously bestow " on those that deserve it. PRWinnipeg Sun Editorial: Outrage after outrage: "Outrage after outrage"

Wednesday, May 04, 2005

Winnipeg Sun Editorial: Living in Paul's world

Read Kafka and you will get a good understanding of the Liberals' Canada.PR
Winnipeg Sun Editorial: Living in Paul's world: "Living in Paul's world
A few years back, New York Times columnist Maureen Dowd wrote about what it was like, from a liberal perspective, to live in George Bush's world. For her, at least, it wasn't a pretty picture. "

Sunday, May 01, 2005

London Free Press - Opinion/Columnists Ian Gillespie: Astonishing unprofessionalism

The GM isease is evrywhere and seems to gave infected all our essential services. Educations without report cards -nmmm. PR
London Free Press - Opinion/Columnists Ian Gillespie: Astonishing unprofessionalism: "If they were children, I'd give them a time out and ban TV watching for a week.
If they were a business, I'd take my money elsewhere and never, ever again slide a single nickel in their direction.
If they were hockey players, I'd start rooting for a different team.
But they're none of those things. They're a powerful mix of school board officials, administrators and union leaders. And they're virtually untouchable and apparently unaccountable. "

Winnipeg Sun Letters: Letters Great reason to change- summary of events

Winnipeg Sun Letters: Letters: "Liberals betrayed trust
Paul Martin a champion of truth? I hardly think so.
I spent a good deal of the past couple of days reading opinions on and listening to debates respecting the timing of a federal election. There was a wide variety of opinion expressed as to whether an election should be now or later and why.
The debate made me uneasy although at the time I could not understand exactly why.
Reviewing some of the commentary, I think I have the answer.
Several participants referred to something called 'voter fatigue,' citing concurrent provincial elections and suggesting that people did not want to be bothered with another election, having just been subjected to a provincial and or municipal election. "

HamiltonPrivate-public partnerships flawed: Health watchdog

Watch dog for whom - the existing status quo and the special interest members that they represent- why are they so afraid of competition or innovation to a system which should allow consumer choice for better services ? -QJ

Hamilton: "SUDBURY, Ont. -- The head of a health-care watchdog group is urging the provincial government not to be misled by offers from private companies to build new hospitals. "