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editor
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 Posted: Wed Nov 26, 2008 6:11 pm Post subject: |
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Supporting the Arts - B.C. 'BILLY-style:
cbc.ca/news
CBC Radio Orchestra to disband after 70 years
March 27/08
| Quote: | The last notes of the Vancouver-based CBC Radio Orchestra will be heard at the end of the fall concert season in November. The decision to disband the orchestra — formed in 1938 when radio orchestras were common — comes down to dollars and cents, a CBC executive in Vancouver said Thursday. "We know for example that for a concert that we fund through our CBC Radio Orchestra, we can extend our reach to three by doing it through other musical organizations," said Jennifer McGuire, executive director of CBC English Radio.
The orchestra, the last of its kind in North America with 32 CDs to its credit, has helped to showcase Canadian composers, musicians and Canadian content, much loved by classical music fans.
McGuire said the money saved could be used more efficiently by spending it on other CBC Radio 2 musical programs. "The commitment we're making is that our job is to find new ways of working with musical organizations out there to make sure that innovative and creative Canadian music still gets on CBC Radio," she said. 'We won't get that with other orchestras. They can't really do that with as much commitment and as much verve.'
Colin Miles, regional director of the Canadian Music Centre, said disbanding the orchestra downgrades CBC's role as a public broadcaster. "What they're interested in doing is downgrading CBC from a public broadcaster into a commercial broadcaster … to make it easier to compete with the private sector," Miles said.
Jane Coop, a concert pianist with CBC Radio Orchestra, said Canadian music will be the big loser. The orchestra's mandate has always been to showcase Canadian talent. "We won't get that with other orchestras. They can't really do that with as much commitment and as much verve," she said. |
... now this:
cbc.ca/news
Ballet BC lays off all dancers, most office staff
Nov. 25/08
| Quote: | Tough economic times are being blamed for mass layoffs at Ballet British Columbia, a Vancouver-based professional ballet company. The company laid off all 17 dancers and most of its office staff on Monday, it confirmed at a press conference on Tuesday. Whether the company will survive now depends on sales to the Christmas classic, The Nutcracker. Ballet BC is still mounting the production, but it is being performed by the Moscow Ballet, because Ballet BC is too small for such an ambitious show. The future of the company depends on an injection of revenue from The Nutcracker, said Graeme Barrit, president of Ballet BC.
"Make no mistake about it, Nutcracker can absolutely save Ballet BC," he told CBC News. (emphasis added)
"Now, traditionally, Nutcracker sells something in the range of 11,000 tickets for us. This year we need to sell 7,000 in order to be successful. If we're able to achieve that — when we're able to achieve that — Ballet BC will come back full force in the New Year." One of the reasons the ballet laid off its employees now is that ticket sales for The Nutcracker are much lower than in previous years — only about 2,000 have been sold. Both subscriptions and ticket sales for shows earlier in the season were down, Barrit said. "It got a lot darker at the end of October. It's always a delicate balance in the arts, and if you were to look at any arts company balance sheet, you would question its survival, I would suggest, at almost any moment."
Ballet BC is down $150,000 on subscriptions and $120,000 on its fall productions of Nine Sinatra Songs and Faerie Queen. The 22-year-old ballet has an annual budget of $2.4 million and Barrit said the problem has not been lack of government support, but poor ticket sales. Barrit said the dancers are usually laid off over the Christmas season, but that layoff, scheduled for Dec. 12, has been moved forward. The rest of the season, which includes productions of Carmen and Streetcar Named Desire, depends on ticket sales or a large donation. Barrit said the company has asked Vancouver City Council to waive the $63,000 in rent on the Queen Elizabeth theatre for the Nutcracker performances. |
Hmm... How's the VSO doing?
cbc.ca/news
Fine Tuning
After a period of doom and gloom, Canada’s symphonies are on the upswing
By Alec Scott
July 26, 2005
| Quote: | ... “Three years ago, all around there were these sob stories — orchestras were complaining that everything was on the wane and dying,” says Bramwell Tovey, music director and conductor for the Vancouver Symphony Orchestra. “We’ve turned a corner, though.”
After more than a half-century of resolutely resisting change in the name of purism, our symphonies, with nothing to lose, began experimenting, and have largely succeeded in bulking up their audiences and making a start at balancing their books. Insiders remain edgy, worried about the future. They voice concerns about the efficacy of subscriptions (younger people tend not to book in advance) and the increasing scarcity of patrons willing to donate money and time to orchestras. (emphasis added) But overall, the mood has become markedly more bullish in the orchestral world. |
The best arts deal in Vancouver in 2008-2009:
AND this January concert - again, for $4!
Link to this entry
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editor
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| Posted: Wed Dec 17, 2008 11:21 am Post subject: |
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From Preparing for Winter Olympics 2010 - B.C. 'BILLY-style:
B.C. 'BILLIES 'jack' afresh over Olympics 2010:
Whistler Blackcomb's costly new Peak 2 Peak redubbed 'Peak to Creek' after leaky gondola tower's collapse
cbc.ca
Freezing water cracked gondola tower joint: Whistler staff
'Ice-jacking' caused failure, says official
Dec. 17/08
| Quote: | Officials at the Whistler Blackcomb ski resort north of Vancouver say the collapse of a gondola tower was caused by water seeping into a welded and bolted joint and cracking the metal as it froze. (emphasis added) Doug Forseth, the senior vice-president of operations at Whistler Blackcomb, said experts inspected the damaged tower overnight. The support towers on similar Doppelmayr brand lifts, including the Wizard and Solar chairlifts, were checked and found without any problems. Provincial safety official were expected to conduct a second safety inspection with resort staff Wednesday morning before those lifts were reopened. ...
The damaged tower was constructed from two large pieces of metal tubing that were welded and bolted together, but somehow water managed to get inside the joint, said Forseth. The ice build-up caused the tower splice to rupture, an extremely unusual situation referred to as "ice-jacking," he said.
Thirteen people suffered minor injuries on Tuesday when one of the towers that supports the cables on the Excalibur Gondola near Fitzsimmons Creek partially collapsed, leaving three gondola cars dangling in mid-air. People were left stranded in the cold for about three hours while fire crews went gondola to gondola removing the 53 passengers from the 30 trapped cars.
The gondola undergoes an extensive safety check every year by the B.C. Safety Authority, and the last check was done within the past six months, according to a statement issued by Blackcomb.
The Excalibur Gondola, which runs from Whistler Village up Blackcomb Mountain, was built in 1994. It has an upper and lower section. The upper section of the gondola, which is independent of the lower section, was unaffected by the incident but was cleared immediately of guests. |
The Georgia Strait
Earnest Corporate Tabloid
Ice-jacking cited for failure of Excalibur Gondola at Blackcomb Mountain
By Charlie Smith
Dec. 17/08
| Quote: | ... The accident comes at a terrible time for Whistler Blackcomb, which is owned by Intrawest Corp. Last week, the resort opened its new $52-million Peak 2 Peak Gondola, which transports skiers over a 4.4-kilometre span between the tops of Whistler and Blackcomb mountains. At its highest point, the Peak 2 Peak Gondola is more than 400 metres above the valley floor.
The resort was preparing for the lucrative Christmas skiing season. However, if the Excalibur Gondola remains out of service, it will have an impact on the number of skiers that can be brought into the alpine areas of Blackcomb Mountain.
In addition, Whistler is cohosting the 2010 Winter Olympics with Vancouver, and this incident brings bad publicity just as the resort is trying to capitalize on increased global media interest in its facilities.
Finally, Intrawest’s parent company, hedge-fund manager Fortress Investment Group, has had a terrible year as a result of the global financial meltdown. On December 16, the New York-based investment company's stock closed at US$1.22, down from a 52-week high of US$17.32.
Fortress has been the lender for the billion-dollar Olympic Village project in Vancouver. The local city council recently provided a $100-million loan guarantee to try to ensure that the development will be completed in time for the 2010 Games. City officials have estimated that the project is $70 million over budget. |
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editor
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| Posted: Mon Jan 05, 2009 12:03 pm Post subject: |
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Supporting people with disabilities - B.C. 'BILLY-style:
| Quote: | 2003/2004 Report 6: Audit of the Government's Review of Eligibility for Disability Assistance
By Wayne Strelioff, Auditor General
February, 2004
No sound basis for initiative in the first place:
| Quote: | In our view, after the Act came into force, a well-designed statistical sample of the 18,705 recipients who did not have adequate information in their files to confirm eligibility would have established a more reliable estimate of the number of recipients who did not qualify for benefits. Such a sample would have shown that the risk of payments to ineligible clients was low, and that the ministry could therefore have taken a more gradual approach to reviewing recipients outside the sample. (emphasis added)
With this simple step, the whole review process could have been less costly and probably less onerous for both the ministry and the recipients.
As it happens, the ministry ended up using a more gradual approach when it dealt with a large number of mentally ill benefit recipients. Among the 18,705 clients who were asked for additional information, 5,629 had a primary diagnosis of mental illness. According to the ministry, after it had received and adjudicated 903 completed forms from these recipients - all confirming their eligibility status - it decided to exempt the remaining 4,726 individuals in the group from having to complete the form.
Although the ministry considered six alternatives to meet the Act requirements for confirming eligibility, it did not adequately evaluate the potential costs and benefits of each option or the potential effects each might have on recipients. And, once it selected the option it did, the ministry did not clearly demonstrate that the chosen approach and its timing were the best alternative in light of the risks involved, the costs and benefits of the various alternatives and the possible impact of each approach on recipients. (-- p. 4) |
Effort to reduce claimants regardless of entitlement:
| Quote: | The ministry decided to review the eligibility of all the 61,932 former disability benefit recipients over a relatively short time period. The first phase (June through September 2002), involved an internal review of recipient files to determine whether there was adequate evidence to determine eligibility under the new requirements. The second phase (September 2002 through January 2003, later extended to March 2003), involved requesting additional information from those recipients whose eligibility could not be confirmed in the first phase.
The ministry told us it chose this approach because it believed that it had to act quickly to meet the intent of the new Act. In our view, the new legislation did not impose such a requirement on the ministry and the review could have been carried out over a longer time period.
We think that the ministry's decision to fast-track the review hinged on concerns it had about the Disability Assistance Program dating back to 1998. The ministry was particularly troubled by the growth rates in client numbers both in 200/2001 and 2001/2002 (Exhibit 1). Under the new eligibility rules, the ministry thought this trend might be reversed with between 6,177 and 9,750 recipients having their disability status rescinded. (emphasis added) These estimates represented the difference between the ministry's projection of program growth before eligibility rules were changed in 1996 and the actual growth following those changes. However, as the ministry explained to us, these figures were very rough. They were based partly on a limited review of client files that, in many instances, lacked the information necessary to make an assessment; and partly on the ministry's notion that many individuals had gained disability status through both a softening of the eligibility rules in 1996 and questionable assessor reports. A high number of these individuals, the ministry believed, would be found ineligible under the new rules.
In our opinion, the ministry did not sufficiently analyze whether its estimate of inelegible recipients was reliable before committing to the major inititiative it undertook. (-- pgs. 18-19) |
Ill-conceived strategy stressed already vulnerable clients:
| Quote: | | Even as the review progressed, however, the ministry did not adequately reconsider its projections. For example, after the ministry confirmed the eligibility of 43,227 recipients from the information in its files and systems, a reasonable action would have been to assess whether rescinding eligibility status for a large number of the remaining 18,705 cases was really a likely result. If it was not, then the next reasonable action would have been to assess the prudence of continuing the fast-track review of the remaining files, knowing its costs and the potentially negative impacts it could have on the recipients. the ministry was unable to demonstrate that it made such assessments. (-- p. 21) |
Critics, forsooth!
| Quote: | | While the consultation process worked adequately with affected ministries and professional organizations, it fared less well with advocacy groups. The ministry held several meetings with the latter to discuss the application form's development and the timing of the review. Two of the primary advocacy groups, the Canadian Mental Health Association and the British Columbia Coalition for Persons with Disabilities, felt that the ministry was not consulting in good faith because it had already made key commitments (i.e., to the timeframe and the 23-page form). In particular, the Coalition for People with Disabilities vigorously opposed both the changes ot the former Disability Benefits Program Act and proposal for an eligibility review and ultimately dropped out of the process. (emphasis added) The Canadian Mental Health Association concluded that it was better to stay involved to represent its clients even if it didn't completely agree with the ministry's approach to the review. The British Columbia Association for community Living had limited involvement in the process because it determined that the review did not significantly affect its client group - that includes childrren, youth and adults with developmental disabilities. (-- p. 26) |
Initiative an expense of spirit in a waste of shame:
| Quote: | The ministry has prepared a summary of costs of the review (Exhibit 3) which indicates that it spent about $5 million for the undertaking. ...
Almost 60% of the costs for the whole review - $2.8 million - were for assessor and physician fees. (emphasis added)
The $5 million represents only those costs of the Ministry of Human Resources. The ministry has not estimated the costs that may have been incurred by other ministries and advocacy groups to help out clients during the review process. ....
The results of the review are presented in Exhibit 4. As the figures show, the new eligibility requirements had very little effect on the eligibility of the existing clients. Of the total number of its 61,932 disabled lients, 60,775 (98.2%) either had their disignations confirmed, or were exempted from the review. Of the 400 (0.6%) clients found ineligible, 46 had their cases closed, 40 reapplied and were granted disability status, and the remaining 314 clients began receiving other forms of government assistance.
Since the number of clients whose disignations were rescinded as a result of the review was much lower than expected, the estimated savings were not achieved. (emphasis added) (-- pgs. 34-36) |
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editor
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| Posted: Tue Jan 06, 2009 9:54 am Post subject: |
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Prosecuting fraudsters - B.C. 'BILLY-style:
cbc.ca/bc/GoPublic
Public News Source (alas, still a shadow of its former glory)
Fake landlord takes cash from international students
Convict David Messina sublets condos while not paying rent to owners
By Kathy Tomlinson
Jan. 6/09
| Quote: | A B.C. condo owner is fighting to get her downtown Vancouver property out of the hands of a convicted criminal who posed as a tenant and leased her suite, then turned around and rented it out to several students from Japan and Korea — while not paying rent to her.
"He rents it to like five people at a time," owner Elisabeth Fox said. "He puts two people in the den, two people in the bedroom and one person in the living room. And he's not living there. "It's a terrible situation," she added. "I don't get paid. I have to pay a mortgage out of my pocket, and these young students ... live like rabbits in this place. He keeps on showing it to other people, and he keeps on stuffing people in there."
RTB records show that earlier last year he was evicted from two other downtown condo units for not paying rent — where he had also been subletting to several people. The two other condos are owned by Su Hua Lee, who lives in China.
'Why would I pay her? She's tried to kick me out. I never started this.'
Messina has a criminal record of fraud and other convictions. He boasted to CBC News that his sublet "operation" is lucrative, netting as much as $1.2 million a year, and that he treats the foreign students well. "I supply the services," he said. "I give people what they want. The students, they get everything that they want." However, surveillance video from the lobby of Fox's building on Dec. 14 shows Messina arguing with a young East Asian woman. Another tenant called police, and Messina was charged on allegations he threatened and assaulted the woman, who was trying to get money back from him. Messina was to appear in court Tuesday.
"The police were called four times already," Fox said. "Everybody's really scared of him."
Messina said he doesn't pay rent on suites when landlords like Fox hassle him.
"I've been doing this for years," Messina said. "The landlords, they are getting a little bit too aggressive," he added. "Do you understand? They are getting too aggressive." When asked why he hasn't paid the $1,500 rent to Fox for several months, he answered, "Why would I pay her? She's tried to kick me out. I never started this. She brought this all upon herself … by renting to me." (emphasis added)
"Great for international students," one of Messina's ads read. He allowed a CBC News camera into the suite owned by Fox. There were mattresses in the living room and one in the small den. Four tenants were living in the 570-square-foot, one-bedroom unit, including student Hyojin Jang, who said he came to Canada from Korea in October.
"We are international students and we are not good at English," Jang said. "We are not strong in this city.... We don't know about our rights in this city, and so this is a little bit hard." Jang said he worries that if he has to leave, Messina won't give his deposit back. He said has no other money and nowhere else to go. "I have no choice, because I already paid him," Jang said. Twenty-one-year-old Kazuki Tsukahara of Japan also rented a room in Fox's condo from Messina in November, along with three other ESL students. He said Messina kicked them out before the end of that month and kept the $560 they each paid for rent, plus their $350-per-person deposits. "I didn't have any money and I couldn't find a new apartment," said Tsukahara, whose mother sends him money from Japan. He said he had to move in with a friend.
"I didn't go to the police because they can't do anything," he added. (emphasis added)
"I just couldn't believe that somebody would be so mean to other people," said Fox, who lives in Lions Bay, northwest of Vancouver. "You know what? I would almost like to bring [the international students] up to my house. If I lived in Vancouver, I would actually have them in my house." Fox said she tried to get the Vancouver police to investigate Messina's operation, but said they told her it is a civil matter, and that she must go through the RTB to evict him. That process has taken four months so far, and he's still not out — and still renting the rooms. (emphasis added)
"You get a letter and then you are being served or you are being phoned or you have to call in for a conference call," she said. "It is all time which allows him to make money. He knows he is going to be evicted." Messina "is an artist at working the system," she added.
"It took us six months to get rid of him and cost the owner $30,000," said Brian Lee, who represented Chinese landlord Su Hua Lee, who rented her two suites to Messina last year. "The problem lies mainly with our justice system," Lee said. "Terrible. There should be a faster method to deal with people like this. It left a really bad taste."
Vancouver police media liaison Const. Jana McGuinness confirmed police generally don't take on cases like this, because proving intent is difficult. "It will come down to proving that a fraud occurred, proving that there was intent there to defraud," McGuinness said. "It's fairly complicated. These can be lengthy investigations."W hen asked by CBC News whether he feared the police would look into what he is doing, Messina answered, "Why would the police get involved? It's a civil matter. They say every block has a dope operation," he added. "I think that sounds like it's a little bit worse than what I'm doing."
Messina later said his biggest concern about publicity is that others will learn how his business operates, and he'll get unwanted competition from copycats. (emphasis added) |
What the six-page Residential Tenancy Agreement has to say about the 'arrangement':
| Quote: | 9. ASSIGN OR SUBLET
1) The tenant may assign or sublet the rental unit to another person with the written consent of the landlord. (emphasis added) If this tenancy agreement is for a fixed length of 6 months or more, the landlord must not unreasonably withhold consent. Under an
assignment a new tenant must assume all of the rights and obligations under the existing tenancy agreement, at the same rent. The landlord must not charge a fee or receive a benefit, directly or indirectly, for giving this consent. ...
3. RENT (please fill in the information in the spaces provided)
a) Payment of Rent:
The tenant will pay the rent of $ each (check one) �� day �� week �� month to the landlord on the first day of the rental period which falls on the (due date, e.g., 1st, 2nd, 3rd, .... 31st) day of each (check one) �� day �� week �� month subject to rent increases given in accordance with the RTA.
The tenant must pay the rent on time. If the rent is late, the landlord may issue a Notice to End Tenancy to the tenant, which may take effect not earlier than 10 days after the date the notice is given. (emphasis added) |
About fraud / false pretence under the Criminal Code:
| Quote: | SUMMARY - FRAUD & FALSE PRETENCE
False pretence - definition
Sub-section 361(1): representation of fact past or present by word or otherwise known to be false with fraudulent intent to induce someone to act.
Paragraph 362(1)(a) - elements
by false pretence obtains anything for which a theft may be committed
or causes to be delivered to another person
Sub-section 362(2)- punishments
over $5000.00 - indictable - maximum ten years.
under $5000.00 - dual procedure. Indictable - maximum two years.
summary conviction - general penalty.
Paragraph 362(1)(b) - obtain credit by fraud or false pretence.
Paragraph 362(1)(c) - making false statement in writing.
Paragraph 362(1)(d) - knowing a false statement in writing was made.
Sub-section 362(3) - punishments
indictable - maximum ten years.
Sub-section 362(4) - nsf cheques/reverse onus
Sub-section 380(1) - fraud
by deceit, falsehood or other fraudulent means,
whether or not a false pretence,
defrauds the public or any person
of property, money or valuable securities.
Paragraph 380(1)(a) - over $5000.00
indictable - maximum ten years
Paragraph 380(1)(b) - under $5000.00
dual procedure - indictable - maximum two years.
summary conviction - general penalty Section 787 C.C.
Sub-section 364(1)
fraudulently obtaining food and lodging.
summary conviction - general penalty
Sub-section 366(1) forgery
Sub-section 366(2) making false document
Sub-section 367(1) - punishment
indictable - maximum 14 years
Sub-section 368 uttering a forged document.
dual procedure offence - maximum 10 years. |
... Something smells here, doesn't it? Have landlords somehow been complicit in the scheme, one wonders? We anxiously await an update. Please check back soon for more on the story.
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editor
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| Posted: Thu Jan 22, 2009 10:24 am Post subject: |
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How do we know we're naught but backwater B.C. 'BILLIES?
From Definitely not the Choirboys:
cbc.ca/news
3 off-duty police officers arrested for alleged robbery and assault
Jan. 21/09
| Quote: | Three Metro Vancouver police officers were arrested Wednesday for an alleged robbery and assault after an altercation involving a newspaper delivery man, Vancouver police said. The three off-duty officers were arrested without incident by Vancouver police, who were responding to a 911 call at 2:30 a.m. about a fight in the 600 block of Burrard Street in downtown Vancouver, Const. Jana McGuinness said. The three officers are from the West Vancouver, New Westminster and Delta police departments. Their names and ages are not being released.
"The men were initially arrested for assault and robbery … and the investigation is continuing," McGuinness said. "We are not at a point where charges have been laid or where we can recommend anything to Crown counsel."
The newspaper delivery man, 47, of Surrey, was believed to be working at the time of the fight outside the Hyatt Regency Vancouver hotel on Burrard Street near Georgia Street, McGuinness said.
"What led up to the altercation is still something investigators are looking into. We don't want to speculate at this point. There's some more interviewing to be done," she said.
An ambulance was called to the scene, but no one was taken to hospital.
The three officers were co-operative McGuinness said. They were released Wednesday night without charges being laid. (emphasis added) ... |
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editor
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| Posted: Thu Feb 05, 2009 1:05 pm Post subject: |
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From Architects and Engineers:
B.C. Mo'fessionals are at it again:
cbc.ca
UBC engineering students arrested in botched bridge prank
Feb. 2/09
| Quote: | Charges are pending against five University of British Columbia engineering students after a Volkswagen fell from the Iron Workers Memorial Second Narrows Bridge during a botched attempt to suspend it under the span. Shortly after 4 a.m. PT Monday, police were called to the Vancouver side of the bridge, which connects Vancouver with the North Shore. Students had been attempting to hang the vehicle under the bridge when the rope or cabling they were using failed and the vehicle plunged into the Burrard Inlet, said Vancouver Police Const. Lindsey Houghton.
No one was injured, but five students were arrested and released with a court appearance notice, said Houghton. Police will recommend charges of mischief over $5,000, she said.
Engineering students have been hanging the hollowed-out shells of Volkswagen Beetles from Vancouver bridges since about 1981 to mark the start of Engineering Week at the university. Houghton said this is the first time anyone has been arrested. "What's unique about this situation is that when they were lowering the shell of the Volkswagen off the side, they realized they may be damaging the important cables that are underneath the bridge, on the side of the bridge, and that's why the prank — if you want to call it that — went awry," Houghton said.
Eight years ago, students suspended a Volkswagen off the Golden Gate Bridge in San Francisco. |
The Province
UBC engineering students caught by police, Volkswagen falls in water
By Ian Austin
Feb. 3/09
| Quote: | A fourth-year mechanical engineering student let The Province in on the methodology for the stunt. “You need to suspend it from a cable that can support two to three times the weight of the Volkswagen, then add other cables to prevent it from rotating,” said the student, requesting anonymity.
“The world has changed — it used to be considered a prank,” said Doug Moore, marine operations coordinator with the Vancouver Fraser Port Authority. “We do a lot of business with the U.S., and we have to meet or exceed their level of security.”
Associate dean of engineering Bruce Dunwoody wouldn’t say whether criminal charges are warranted — but did say university discipline may be in order: “They’ve got to be serious as professional engineers, because what they do matters, and I think they’ve learned that.” Dunwoody said the VW plunged into Burrard Inlet when a crew of workers were brought in to remove the car. |
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editor
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| Posted: Tue Feb 17, 2009 4:08 pm Post subject: |
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Setting government policy - B.C. 'BILLY-style:
The right hand:
Office of Housing and Construction Standards
Mid-Rise Wood-Frame Residential Construction
Premier Gordon Campbell has announced new BC Building Code provisions which increase the maximum building height for mid-rise wood-frame residential construction from four to six storeys.
Feb. 5/09
| Quote: | Does anyone remember any notice of public consultation or did you have to be a member of the Liberal Party to receive it, we wonder?
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| Quote: | These new code provisions were approved in early January 2009 and will take effect on April 6, giving the residential construction sector time to prepare for implementation.
An online public consultation on these changes closed on December 15, 2008 and the feedback received from building industry stakeholders, local governments and the general public were considered in finalizing the changes to the new code requirements. A clear majority of consultation respondents supported the proposed changes and several adjustments were made to the original proposals in response to feedback. The exterior cladding proposal was altered to clarify the performance basis of fire resistance requirements, the shear wall integrity proposal was adjusted and the yielding diaphragm proposal was withdrawn.
The new BC Building Code provisions can be viewed by clicking here. |
The left hand:
Richmond News
Building change compromises firefighting
Extra storeys too high for ladders
By Alan Campbell
Feb. 13/09
| Quote: | Richmond Fire-Rescue has issued a dire warning after a change in the provincial building code that allows the construction of six-storey wood-framed apartment blocks. The city's fire-rescue service says its ability to fight certain fires will be seriously compromised when the new rules come into force in April, extending the height allowed for wood-built (combustible construction) buildings from four to six storeys.
The B.C. government announced the change last month in a bid to increase demand for provincial wood. But fire chiefs told city council's community safety committee Tuesday night that they don't have the resources to effectively tackle blazes or rescue people trapped at the top of a six storey wood-framed building via ladder truck.
Richmond's chief fire prevention officer, Dave Clou, explained that the new buildings could reach up to 100 feet when parking lots and roofs are added, well above the 60-foot reach of fire-rescue's ladder trucks. Clou said he doesn't know anywhere else in North America that has allowed the construction of six-storey wooden apartment buildings. "This hasn't happened anywhere else that I know of, and there's a reason for that," Clou told the News Thursday. "We have lots of buildings in Richmond higher than six storeys. But they're made of concrete, and if there's a fire, it's generally contained to that floor. If, however, there's a fire near the top floor of a six storey combustible construction building, we have no way to get that high and tackle it and stop it from spreading."
Clou said those extra two storeys increase the risks and lower the levels of ability for the firefighters to deal with the incident. He also warned of such a building's ability to hold up its own weight should there be a serious fire on a lower floor. The reach of Richmond's fire-rescue's ladder trucks aside, Clou added that wood-framed buildings naturally change form and shape over time, and are easily renovated by their occupants.
"When it's brand new, it's built to all the codes and it's great," he said. "But five, 10, 15 years later, it'll have shifted and twisted about a bit and people tend to punch through walls and take walls out. Each time they do this, the building's ability, and our ability, to deal with a fire is compromised."
Not enough consultation has been entered into with industry professionals, such as architects and engineers, prior to the provincial code change, Clou said. "This has come about as a result of lobbying from the Forest Council, despite concerns from architects," he said. "Normally for something like this, we get a year's notice to be able to deal with the changes. But this has happened so fast and we need a lot more time to get more resources in to be able to cope." (emphasis added) |
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| Posted: Wed Apr 22, 2009 3:27 pm Post subject: |
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From Government Accountability / Public Trust - B.C. 'BILLY-style:
CBC.ca
B.C. NDP seeks police probe of controversial BC Rail sale
April 20/09
| Quote: | The B.C. New Democratic Party wants the RCMP to launch a criminal investigation into the sale of BC Rail and the involvement of a Liberal Party organizer. The NDP's Leonard Krog, who is running for re-election in Nanaimo next month, made the request on Monday in a letter sent to B.C. RCMP Deputy Commissioner Gary Bass. At issue are what role Patrick Kinsella — a key B.C. Liberal backroom organizer in the privatization of BC Rail — played in the sale and why his consulting companies received $297,000 from the Crown corporation for undisclosed services between 2002 and 2005, according to documents released by the NDP last month. (emphasis added)
The Liberal government sold BC Rail to Canadian National Railway in December 2003, despite campaigning on a promise in the 2001 election to keep it in government hands.
David Basi, who worked for former finance minister Gary Collins, and Bob Virk, an assistant to former transportation minister Judith Reid, are charged with fraud, breach of trust and accepting a benefit in connection with the billion-dollar sale of BC Rail. The case has been mired in procedural disputes for several years, and the actual trial has yet to begin.
Kinsella and Canadian National Railway may have broken the law, because the company allegedly made a payment to Kinsella when he was already under contract to BC Rail, said Krog, a lawyer and Opposition attorney general critic before the legislature was dissolved. "The issue is, was Mr. Kinsella working both sides of the track? Was CN providing a benefit to him at the same time he was obviously under contract to BC Rail? Whose interests were being protected here?" Krog said Monday. The Criminal Code of Canada makes it an offence for anyone who has dealings with government to make a payment to a government employee unless that employee has the written consent of a senior government official to receive that payment, Krog said. ... |
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| Posted: Fri Jul 10, 2009 12:57 pm Post subject: |
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Multiculturalism - B.C. 'BILLY-style:
cbc.ca
As It Happens
Radio One
July 8/09
Listen to the interview in Part 1 with Courtenay Mayor Greg Phelps, who was last month the deciding vote in that city's decison to be the ONLY community in the valley NOT to sign the proposed Comox Valley Critical Incident Response Protocol, merely 'a feel good document,' he said, designed to emphasize the importance of minority inclusion.
| Quote: | On behalf of the Comox Valley Cntical Incident Response Protocol Steering Committee and the Coalition for the March 21st UN Day for the Elimination of Racism, I am writing to request that the Chair and Board of Directors of the Comox Strathcona Regional District issue a proclamation to mark the date as part of a symbolic commitment to working towards the elimination of racism throughout our community.
March 21 is the anniversary of the 1960 Sharpeville massacre in South Africa, in which peaceful demonstrators against apartheid were wounded or killed. In 1966, the United Nations declared March 21 as International Day for the Elimination of Racial Discrimination in commemoration of the event.
In the Comox Valley, initiatives are underway to highlight concerns around the issues of racism, homophobia and hate-based crimes through the Critical Incident Response Protocol Steering Committee, led by the Community Justice Centre in collaboration with participants from the Comox Valley's municipal and regional governments, school board, community groups and social agencies.
Across the country, The Canadian Commission for the United Nations Educational, Scientific, and Cultural Organization (UNESCO) is working to establish a Coalition of Municipalities Against Racism and Discrimination. Requests are being made of each local government in the Comox Valley to issue a proclamation, with the hope that we could arrange a group signing ceremony involving local government leaders, together with our MLA and MP to highlight initiatives to combat racism and discrimination and programs that celebrate the Comox Valley's diversity. |
More on the attack of Jay Phillips by three white men in Courtenay in the CBC story July 7/09, Apparent B.C. hate crime leads to 3 arrests:
| Quote: | Three men have now been charged with assault in an attack on Vancouver Island that appears to have been racially motivated.
The accused, aged 19 to 25, were arrested after Jay Phillips, 38, was punched and kicked in the parking lot of a Courtenay fast-food restaurant on Friday.
The men have been released and are scheduled to appear in court at the end of August.
A video of the attack posted on the YouTube website had registered more than 12,000 hits by Tuesday. It is not known who shot the video and posted it to the website. |
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| Posted: Sat Jul 18, 2009 11:17 am Post subject: |
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Justice - B.C. 'BILLY-style:
The Vancouver Sun
Hells Angels walk again on criminal-organization charge
Despite convictions on nine of 28 counts, the four accused celebrate another defeat for the Crown in its attempts to bring down the biker gang
By Neal Hall
July 14/09
| Quote: | Four Hells Angels laughed and shook hands with their lawyers Monday after a jury acquitted them of committing crimes in association with, or for the benefit of, a criminal organization. While the jury returned nine guilty verdicts on a 28-charge indictment against the four members of the Hells Angels' East End chapter, the rejection of the criminal organization charge was a blow to the Crown. Had it succeeded, it would have been the first such conviction in B.C. against the Hells Angels, which has always maintained it is just a motorcycle club. It was the second failed test case of the anti-gang law against the Hells Angels in B.C. arising from the same $10-million police investigation.
"It's unfortunate the jury wasn't able to conclude what judges in other parts of Canada found -- that the Hells Angels is a criminal organization," prosecutor Mark Levitz, Q.C. said outside court after the verdict. The jury did find the accused guilty of some extortion and weapons offences "and we're pleased to that extent," he said. (emphasis added)
The verdict, which followed three days of jury deliberations and a nine-month trial, was also a disappointment to police, who promised to pay $1 million to key witness Michael Plante, who worked as a police agent and infiltrated the East End chapter of the Hells Angels.
The accused -- Ronaldo Lising, Randy Potts, John Virgil Punko and Jean Joseph Violette -- laughed and congratulated their lawyers after the verdict. (emphasis added)
"We're grateful to live in a democracy and have a jury system," defence lawyer Bonnie Craig, one of three lawyers representing Potts, said after the verdict.
Potts, Punko and Lising will remain in custody until sentencing July 22. Violette will remain on bail until he is sentenced Oct. 28 by B.C. Supreme Court Justice Selwyn Romilly. Potts was convicted of four offences: Having control of illegal grenades, possessing a loaded Colt .45 semi-automatic pistol, possessing an Intratec 9-mm semi-automatic pistol, a Ruger .22-calibre semi-automatic rifle and Voere bolt-action rifle and a .44 Ruger revolver. Lising was convicted of possessing two loaded prohibited firearms: A Rossi .357 Magnum revolver and a Walther PPK/S .380-calibre semi-automatic pistol. Violette was found guilty of the extortion of Glen Louie, a drug dealer who was beaten for using the Hells Angels name without permission. He was also convicted of the illegal possession of a loaded Beretta 20 semi-automatic pistol and a Ruger SP 101 revolver. Punko was convicted of counselling Plante to commit mischief by wilfully damaging property, and the unauthorized possession of a loaded Smith & Wesson semi-automatic pistol.
The two-year, $10-million police investigation that led to the just-concluded trial has also resulted in other criminal proceedings. The final one, a drug trial involving two Hells Angels members, begins Sept. 9.
Last year, David Francis Giles, 58, a senior member of the East End chapter of the Hells Angels, was acquitted of cocaine trafficking in Kelowna but two co-accused were convicted. The Hells Angels now operate a clubhouse in the Okanagan city. |
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| Posted: Sat Jul 18, 2009 11:36 am Post subject: |
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Tri-City News
Coquitlam bans 'undesirable' businesses
July 14/09
| Quote: | In an effort to make Coquitlam more "family-friendly," pawn shops, methadone clinics, non-registered massage outlets, escort services and exotic dancing will be banned in Coquitlam. And adult entertainment shops, adult video stores, cheque-cashing outlets, scrap metal dealers and tattoo parlours won't be allowed to set up shop within a kilometre of any other so-called "undesirable" business.
The unanimous move by city council — which Mayor Richard Stewart said, in a news release on Tuesday, is aimed to make Coquitlam's retail areas "family-friendly" — comes after Monday's public hearing, where business owners squared off with neighbours and the Maillardville Residents' Association. Association spokesperson Lorraine Bergen said many area homeowners are concerned about the growing number of adult-oriented businesses in the historically French-Canadian enclave. She said the cluster of the businesses and the wording on some shops have been questionable, especially when they are near schools and daycares. Lisa Vallaster said she regrets moving from Vancouver to Maillardville. In four years, she said, she has seen a number of pawnbrokers, tattoo parlours and sex shops start up. "I feel embarrassed as a citizen of this area," she told city council during the hour-long hearing. She also criticized pawn shop owners for taking advantage of people who are broke.
The owner of Common Exchange on Brunette Avenue said his business can make up to 70% a year in interest for a short-term loan. "Is it a crime to make money?" he shrugged when Coun. Lou Sekora questioned him on his operations. "I think you are all going to open pawn shops now." He also claimed the city and RCMP are acting against the Privacy Act when it requests pawn shop owners to fax a daily list to police, itemizing goods sold. Austin Avenue pawn shop operator Trevor Tennessy said city council is violating Canada's Charter of Rights and Freedoms by discriminating against his business. He said the word "undesirable" can be subjective. "I feel ashamed to have this label," his business partner said. And the owner of Millennium Traders in Burquitlam Plaza said her licence fee has grown from $125 to $3,500. Under the re-worked zoning bylaw, to which council granted second and third readings on Monday, the licence will soar to $10,000 for current licensed pawn shop owners. "It doesn't add up," she said. "It doesn't make sense. There' no municipality anywhere that has changed like that."
Mayor Richard Stewart said the new bylaw "has taken way too long to get here. We have a responsibility to... our residents," especially in Austin Heights, Maillardville and south Burquitlam, where most of the establishments are located.
On Tuesday, Tennessy commented in council's decision, telling The Tri-City News, "It's ridiculous. It's completely wrong. They didn't listen to a word anybody said. And $10,000? I think it will make the city rich. How can they justify that number?"
Trevor Wingrove, Coquitlam's general manager of corporate services, said the city doesn't have any methadone clinics, escort services or strip bars. Non-registered massage does not include certified body workers or practitioners in the natural health-care fields. Also, there are currently no scrap metal dealers in the city, he said. |
About the new Bylaw No. 3864, 2009, Zoning Bylaw and Business Licence Bylaw (Adult Oriented or Undesirable Businesses):
| Quote: | 3. Bylaw No. 3864, 2009
Text Amendment to Zoning Bylaw and Business Licence Bylaw (Adult Oriented or Undesirable Businesses)
Application to amend City of Coquitlam Zoning Bylaw No. 3000, 1996 and City of Coquitlam Business Licensing Bylaw No. 3882, 2007 and their amending bylaws to:
prohibit the following uses in all zones: non-registered massage except bodywork; pawnshops; methadone clinics; escort services; and exotic dancing;
restrict any adult entertainment use, adult video store, cheque cashing business, scrap metal dealer or tattoo parlour from locating within 1 kilometre of the lot line of an existing adult entertainment use, adult video store, cheque cashing business, methadone dispensary, tattoo parlour, massage parlour, pawnbroker, pawnshop, escort service, exotic dancing use or scrap metal dealer;
within the areas shown on Schedule “K” to Bylaw 3000, 1996 restrict any methadone dispensary from locating within 1 kilometre of the lot line of an existing adult entertainment use, adult video store, cheque cashing business, methadone dispensary, tattoo parlour, massage parlour, pawnbroker, pawnshop, escort service, exotic dancing use or scrap metal dealer;
prohibit as home-based businesses the following uses: adult entertainment use, adult video store, cheque cashing business, methadone dispensary, tattoo parlour, and scrap metal dealer; and
provide a definition of bodyworker.
The adoption of these amendments would facilitate the implementation of regulations pertaining to adult-oriented and undesirable businesses.
(From the minutes of Coquitlam City Council's regular meeting July 13/09) |
Unbelievably, Pivot Legal Society threatens const'l challenge:
| Quote: | | Note: According to a report on CBC's Early Edition the week of July 12/09, there is a shortage of urban poor requiring advocacy services. A Pivot spokesmen told CBC the organization was prepared to make a constitutional challenge on behalf of businesses imapacted by Coquitlam's bylaw despite information at its Web site asserting that "Pivot's mandate is to take a strategic approach to social change, using the law to address the root causes that undermine the quality of life of those most on the margins." Surely the business community does not require help from a non-profit. Quaere whether Pivot receives public funding that might otherwise go toward to say, Legal Services Society of B.C. or the B.C. Coaltion of People with Disabilities' legendary Advocacy Access team battling the increasing demand for representation at reconsideration hearings thanks to the provincial government's increasingly restrictive disability benefits policies? |
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| Posted: Sat Jul 18, 2009 12:57 pm Post subject: |
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From Assessing the value of human life - B.C. 'BILLY-style:
CKNW(AM980)
Xiao Zhang has been arrested again
Sept. 17/07
| Quote: | The 21-year-old man who served only four months of an 11-month sentence for killing a pedestrian in a hit-and-run crash last year. (emphasis added)
The Province newspaper says Zhang was arrested on Friday afternoon when a soccer team at Andy Livingstone Park in Vancouver allegedly caught him with a wallet and cellphone belonging to team members. Zhang struck and killed Doctor David Higgins of New Zealand in June of 2006, before speeding off. He was released on parole Aug. 28th. Vancouver police say they will seek a revocation of Zhang's parole. |
... Did we get the name of Zhang's lawyer?
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| Posted: Thu Oct 08, 2009 1:57 pm Post subject: |
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From Policing - B.C. 'BILLY-style:
cbcnews.ca Go Public
B.C. identity theft victims say they can't get justice
Man says he can prove who stole from him, but police still can't act
By Kathy Tomlinson
Sept. 28/09
| Quote: | ... Mark Gorst and Shannon Werry have ample evidence indicating who the thief is, but even so, RCMP have told them charges won't be laid. "It's frustrating … and there is a lot of anger," said Werry. "Because you know who it is — and you have the proof that you need — and nothing happens.
"I didn't know most of the money was stolen — until two years afterward," said Gorst. "We've been told — because it's been such a time delay — the statute of limitations on certain crimes means I am on the hook for everything."
"[Identity theft and fraud] is a level of crime that you don't know about until you know about it — which is sometimes too late for legal boundaries," explained Cpl. Lea-Anne Dunlop of the Chilliwack RCMP. If more than a year has passed since the initial crime, she said, the bar to get charges approved by the Crown is higher. "We have to play within the confines of the legal system that exists," she said. "It is sometimes unlikely a long time after an offence that a charge will be approved."
Gorst said collection agents call him several times a day, about two-year-old charges on several credit cards. He firmly believes an ex-roommate obtained those cards in his name, then collected the bills at his old address. "I owe $20,000 on credit cards I never applied for and never used," said Gorst. "I have no credit. I have nothing in my name. I can't own anything, because it could be seized by creditors."
Werry says it's far too late for the credit card companies to forgive the debt. "There’s a time limit. Most credit cards, you have to report it within so many hours or so many days."
The couple first noticed something was wrong in 2007, when hundreds of dollars were siphoned out of his RBC account electronically. Gorst said he had never set up online banking. Once he was able to log on, he discovered someone had listed his roommate as a bill payee — and then transferred money into their account at another bank. He filed his first report with the RCMP at that time. Gorst said he was told it was a matter for his bank to handle. (emphasis added)
When he later noticed he was not receiving GST rebates, Gorst contacted the Canada Revenue Agency. The CRA eventually sent him a letter it had received, signed with his forged signature, asking that all tax credits and refunds be paid into a TD Canada Trust account that was not his. His former roommate's return address is listed on that letter. After his bank called to say his ex-roommate had tried to cash a large cheque by forging his signature, he called the person to confront them — and recorded the conversation.
"Please stop forging my signatures? Please, I am just asking nicely," said Gorst on the tape. "You didn't need to forge my signature." The ex-roommate responded, "How did you expect [a cheque] to be cashed?" The conversation ended with the person saying, "You are going to wish you never met me," before hanging up on Gorst.
After he discovered the credit cards he didn't know about this year, he went back to the RCMP, armed with a pile of new evidence, including the tape recording. Gorst said he was told the financial crimes were too old to pursue. He was advised to hire a lawyer and take civil action, which he said he can't afford. ... The RCMP said it did try to pursue charges, related to threats, but Crown counsel did not approve those charges.
RCMP Cpl. Dunlop said it is "common" for police to be unable to make charges stick in identity theft cases. The crimes are intricate and often hidden for long periods, with the help of technology, she said, so the laws need updating. "... Identity theft and fraud are not listed as specific crimes in the Criminal Code, putting Canada behind the U.S. and Europe.
... Gorst said he's hit several brick walls, trying to get information from creditors. When they ask him to verify his identity, he said, he often doesn't know the phone number or other information they have on file. "If I don't give them the proper information they don't tell me anything — because of privacy," he said. "So, I could have more cards out there I don't know about." ... To add insult to injury, Gorst said, he's also paid a higher price for reporting the crimes. The CRA made him pay back some of the tax credits paid out in his name, which he said wouldn't have happened if he hadn't written to them. Collection agents didn't start chasing him, he said, until he contacted TransUnion Canada, to check his credit rating. He gave his real address and phone number, he said, and the credit agency passed that information on to collectors. |
Application of limitation period to crime in Canada:
| Quote: | | Canada has a criminal-limitations period only for summary (less serious) offenses. The period is six months from the date of the offense which includes thefts under $5,000. Thus, for instance, a Canadian can be charged with an "indecent act" only within six months of the time of offense, unless both the Crown and the defense agree. In the case of indictable (more serious) offenses, for example if a hypothetical assailant committed sexual assault, the assailant could be charged any time in the future. (From Wikipedia accessed Oct. 8/09) |
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