Did Canada's Supreme Court Have a Momentary Justice Lapse?

--> I read with interest about the Supreme Court of Canada’s recent decision that ruled in favour of a union’s right to videotape workers crossing a picket line.  This was a case that originated in the province of Alberta that has legislation entitled “Personal Information Protection Act”.  Management relied on that legislation to block the union involved from taking pictures.  The arguments of the Supreme Court who ruled in favour of the union went something like this:

The court has long recognized that the right to strike is a fundamental right in Canada, all else being equal.  And that “freedom of expression” is a right that goes hand in hand with labour disputes.  All this of course had to be weighed against the “privacy rights” of individuals.  However, the Supreme Court decided that Alberta’s law was wrong in providing one a greater control over one’s personal information and associated rights over those of other interests – in this case, the freedom of expression of unions in a labour dispute.

While the indirect implications of this decision for management may also be positive when it comes to how they might be allowed to collect data dealing with labour disputes (think video recordings on site, etc.), I think there are some problems with it at least from my ‘non-legal’ perspective.  And here’s why:

First, the union clearly was taking these pictures to vindictively publish them online.  And the Court decision seems to support that.  Whether it does so directly or indirectly, does not matter.  I suppose what remains now is for one of those strikebreakers (a legal behaviour) to sue the union for posting such a picture without their express consent.  And then we’re back to the Court system and maybe even the Supreme Court.

Second, the decision seems to imply that anyone out in public doing anything legal (or illegal for that matter I suppose) can be filmed by anyone else and then that image can be published for public viewing online.  You may remember all the issues with red-light cameras at intersections.  Or how about images taken by bullies of those they are bullying going online?  Or how about the legality of taking pictures of police officers while conducting their duties honourably or dishonourably?  Or how about police cameras on the squad car dashboards or on their lapels?  And why should there be no cameras allowed in the House of Commons or the Senate so that the pubic can take pictures? Or in live theatre or concert performances?  And the list goes on.

Third, what bothers me is that this decision that may be balanced on the perspectives the Honourable judges chose to consider, seems to have forgotten the very purpose of why this particular union may have been taking the pictures.  Clearly, when you threaten to publish them online, you are in essence using intimidation.  The Supreme Court in its wisdom seems to have said, “intimidation by unions is okay in Canada”.

Listen, I do not blame the unions for taking this to court.  A decision was required in this area.  And they won it fair and square.  My beef is not with them, but rather the logic behind.  It seems the overall good of society is no longer stakeholder in court decisions.  Instead they prefer to protect the interests of lobby groups, no matter who they are.

And thus we conclude:  So much for unions setting a good example in this regard.  Now bullies can try to follow.  So too can “I hate my-ex” jilted posters.  And so much for the right to work and earn an a living to feed your family when the union business agents decide to make you walk the payment and warm your hands over a fire in a barrel while they keep earning their big salaries, eating well, and enjoying television beside their warm fireplaces.  Sorry, Your Honours, I think you screwed up.

You can read more on this here: http://millerthomson.com/en/publications/communiques-and-updates/labour-and-employment-communique/november-2013 

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Thanks for dropping by. Sign up to receive free updates. We bring you relevant information from all sorts of sources. Subscribe for free to this blog or follow us by clicking on the appropriate link in the right side bar. And please share this blog with your friends. Ken Godevenos, Church and Management Consultant, Accord Consulting.  And while you’re here, why not check out some more of our recent blogs shown in the right hand column.  Ken.

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A letter to my Toronto City Representative on the Rob Ford Case: Do We Need to use a Taser on an already Powerless Person?

Greetings David (Shiner):  Thank you for your email below and your desire to receive some input from some of your constituents on Monday's important vote .  Here goes:

First, I understand that you may or may not see things as I do, and also that you have to satisfy the majority of your constituents, not just me.  So, please note I do not expect you to vote on this one in support of the way I see it, especially since there are many aspects to the issue at hand.  Clearly, this is only input and you need to feel free to use your God-given logic in addition to the input to direct you in how to cast your vote.

Second, I want you to know that I spend a good part of Saturday morning reading both the Toronto Star's and the National Post's perspectives on the issue and especially the upcoming vote.  So, this is not just a gut reaction.

Now, for my input:

Generally speaking, I would ask that you consider taking the higher and more difficult route of NOT voting in favour of stripping Mr. Ford of his budget and the related items as outlined in the motion being voted on this Monday.  I noticed you, at least along with Norm Kelly, were not part of the undersigned supporting the motion.  I also noticed that five of those that did sign to support the motion have difficulty following simple instructions themselves -- like "print" your name on the left, sign on the "right".   Is this the calibre of leadership we have at City Hall?   I know it's petty but their approach to this whole thing including standing with their back to the mayor when he speaks, and pretending to be smoking pot while he speaks, is totally childish.  I am ashamed of the majority of our Council.

And now my rationale:

First, there is doubt that this motion would stand legally (as compared to the two motions of this past week).
Second, if Mr. Ford does pursue legal action, this will further bring the whole City down in the eyes of the world.
Third, a motion like this is vindictive rather than necessary (the Council has already taken the necessary actions to protect itself and the City from harm).  A motion like this simply says "we the Council are incapable of dealing with a difficult in-house situation ourselves."  So, we cut the man off at the knees, and if that won't do it, we get the Premier to do it for us.

I do not in any way support Mr. Ford's actions.  However, no one has had the courage to charge the Mayor formally with any criminal act so far.  The people elected the Mayor, the people should have the right to fire him.   Until he is charged and perhaps found guilty, only the people can take away his ability to perform Mayoralty duties and responsibilities as this motion would do.  Otherwise, where do we stop with the next Mayor we don't like?  As one article said today, "What if the next Mayor had religious beliefs we do not like?"   Can the council strip him of his/her responsibilities?  I hope not.

I would also caution against Mr. Kelly receiving some much "convenient trust" from all the councillors all at once without really proving himself.  Laying one's hands on someone like that to take over so quickly often comes back to haunt people. 

I hope you find this helpful.  I will be following the events from Regina on Monday where I will be working with one of my clients.   All the best.

To summarize, "Do we really need to 'tase' this man who clearly has personal problems?"  

Sincerely,

Ken Godevenos, Toronto

Thanks for dropping by. Sign up to receive free updates. We bring you relevant information from all sorts of sources. Subscribe for free to this blog or follow us by clicking on the appropriate link in the right side bar. And please share this blog with your friends. Ken Godevenos, Church and Management Consultant, Accord Consulting.  And while you’re here, why not check out some more of our recent blogs shown in the right hand column.  Ken.

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A Part in Bringing the Enemy Down; Seeing the Dead on the Seashore -- Exodus 14:26-31

Then the Lord said to Moses, “Stretch out your hand over the sea so that the waters may come back over the Egyptians, over their chariots and their horsemen.”  So Moses stretched out his hand over the sea, and the sea returned to its normal state at daybreak, while the Egyptians were fleeing right into (or in respect to) it; then the Lord overthrew the Egyptians in the midst of the sea.  And the waters returned and covered the chariots and the horsemen, even Pharaoh’s entire army that had gone into the sea after them; not even one of them remained.  But the sons of Israel walked on dry land through the midst of the sea, and the waters were like a wall to them on their right hand and on their left.  Thus the Lord saved Israel that day from the hand of the Egyptians, and Israel saw the Egyptians dead on the seashore.  And when Israel saw the great power which the Lord had used against the Egyptians, the people feared the Lord, and they believed in the Lord and in His servant Moses.
 
Earlier that morning, God looked down and made ‘chariot driving’ difficult for the Egyptians (see verse 25 in this same chapter).  In fact, it became so difficult that they started to turn around in desperation, fleeing for their lives, and abandoning their pursuit of the Israelites.  But physical salvation was not to be found that day.

The Children of Israel had crossed the Red Sea, the Egyptians were retreating, Moses had safely ended up on the other side and now God tells him to stretch out his hand over the sea behind him and by so doing have the waters return to their original state, the consequence of which would be the destruction of the Egyptians.

Coincidently, I had just been reading the personal account of George W. Bush with respect to his announcing America’s attack on Afghanistan on Sunday, October 7,2001.  “On my orders,” he said, “the United States military has begun strikes against Al Qaeda terrorist training camps and military installations of the Talban regime in Afghanistan.”  He goes on to write, “I felt the gravity of the decision.  I knew the war would bring death and sorrow.”  And in light of that, I wonder how Moses must have felt.  What has he really thinking at that point?  I know what I would have said.  “God, you accomplished salvation for your people.  We are safe and sound across the Red Sea.  Must we destroy our enemies in such a final and irreversible manner?”  Yet God, the God that saved them, said, “Stretch out your hand.”  And Moses did.

I wonder also if there is a lesson here with respect to our own role in destroying the Enemy.  I do not intend here to solve the age-old dilemma between Christian doves and hawks when it comes to war, although I do have my own personal thoughts on the matter.  But I do want to point out that in this particular case, if there is a lesson to be learned, it is this:  First, make sure that the enemy you are helping to fight is God’s Enemy, not just yours.  Make sure he/she is an enemy that is acting against what God stands for, openly defying His Holiness and authority.  And secondly, make sure that the action you are taking is clearly God’s undeniable orders to you to act in a certain way.  “Moses, stretch out your hand.”  But even though Moses played a key part in what took place, there is no room for any doubt in the fact that it was God who did the saving.

The Bible says that not one Egyptian, not one chariot, not one horse, survived.  God calls every man to forgiveness, righteousness, and ultimately, salvation.  In fact, He gives us many chances.  Pharaoh and his cabinet had at least ten and they rejected each one.  So, when it was time to act in a final manner, God did just that.

There is a sentence in the middle of the passage above (vs. 29) that is a repeat to a great extent of verse 22 earlier.  It speaks of how the sons of Israel walked through the Red Sea on dry land.  When I read these repetitive accounts in Scripture, I often wonder if there is a real purpose.  I ask myself that even though this is a God-inspired text, written in this case by Moses many years later, whether or not he could have benefitted from a skilled editor.  But in each such case, I land on the side of the argument that says God also inspired the repetition and He has a purpose for it.  If this entire account of a true event had some prophetic parallelism (and I believe it does) to what God’s Children will experience individually throughout history and collectively on the day of Christ’s return, then this particular piece of repetition is clearly intended to reinforce that believers will be treated differently (“But the sons of Israel…”) and that we will have safe passage, protected on all sides, and be safely escorted to eternity with God.  What a day that will be for each of us.

The Bible says, “Israel saw the Egyptians dead on the seashore.”  Not a pleasant sight at all even if these corpses had belonged up to that moment in time to the perpetrators from which the children of Israel were fleeing for their lives.  Those of us who truly value life still find it somewhat disturbing when our enemies are eliminated especially through gruesome deaths.  In light of the recent typhoon in the Philippines that killed thousands, one of our national paper’s yesterday reminded us of the hundredth anniversary of a fatal storm in the Great Lakes and published a picture of dead bodies washed ashore near Goderich, Ontario on the eastern coast of Lake Huron in November 1913.  It caught me by surprise.  We are more used to it these days with the reports from natural disasters and wars coming to us live on television.  But I have to think that there was still some element of shock for the Children of Israel in seeing their enemies lying dead on the seashore.  Perhaps there is coming a day when we will see those that have rejected God dead.  I do not look forward to it at all.  But I also cannot ignore it for my God is indeed a holy God, a righteous God, a God Who gives us many chances to accept His free gift of salvation.  But a time comes when we have rejected once too often.
Clearly, the Israelites recognized that God did the saving that day.  There was no human way possible to explain it otherwise.  Whether it was a miracle or not is not the issue.  The fact is that it was accomplished only by the mighty power of God and His interference with nature.  He delivered on His promises that His people would be set free from their bondage in Egypt and from the Egyptians themselves.  Our job as readers thousands of years later is to focus on that great power of His to save, a power that is ever the same even today.  And as we do, the natural human outcome that we display cannot but be anything different than how the Children of Israel felt after their experience.  The Bible says, “they saw His great power, they feared the Lord (I believe with reverence), and they had great honor and esteem for His chosen servant.”

As you focus on this short passage of Scripture ask yourself, “Have I seen this great and mighty power and evidence of God’s presence in my life?  In the world?”  And if you have, then ask yourself, “Have I reacted in the way I really should?  Do I have the adoration and commitment to God and His servant, His only begotten Son, Jesus Christ, that I should have?  Have I accepted God’s free gift of salvation through His Son, Jesus?” 

Friends, it is never too late.  God’s angel is before you and your enemies have been kept at bay until now.   But ultimately you get to choose if you are in the group of God’s creations that were represented by the Children of Israel or in the group represented by the Egyptians.  It is my prayer you make the right choice.

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[Are you looking for a speaker at your church, your club, school, or organization? Ken is available to preach, teach, challenge, and/or motivate. Please contact us.]

Thanks for dropping by. Sign up to receive free updates. We bring you relevant information from all sorts of sources. Subscribe for free to this blog or follow us by clicking on the appropriate link in the right side bar. And please share this blog with your friends. Ken Godevenos, Church and Management Consultant, Accord Consulting.  And while you’re here, why not check out some more of our recent blogs shown in the right hand column.  Ken.

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It would be great if you would share your thoughts or questions on this blog in the comments section below or on social media.

A Curling “Rink’s” Dream Sweeper -- Exodus 14:21-25

--> Then Moses stretched out his hand over the sea; and the Lord swept the sea back by a strong east wind all night, and turned the sea into dry land, so the waters were divided.  And the sons of Israel went through the midst of the sea on the dry land, and the waters were like a wall to them on their right hand and on their left.  Then the Egyptians took up the pursuit, and all Pharaoh’s horses, his chariots and his horsemen went in after them into the midst of the sea.  And it came about at the morning watch, that the Lord looked down on the army of the Egyptians through the pillar of fire and cloud and brought the army of the Egyptians into confusion.  And He caused their chariot wheels to swerve, and He made them drive with difficulty; so the Egyptians said, “Let us flee from Israel, for the Lord is fighting for them against the Egyptians.”
 
“The Lord swept back the sea.” For those of you who participate in the sport of curling, you might well be saying, “Wow, could we ever use a sweeper like that on our rink!”  This was indeed God working with the forces of nature (wind in this case) that He Himself created to move the water out of the way so His children could escape their enemy on dry ground.  Amazing.

However, before God interacted with nature, He waited on Moses to stretch out his hand over the sea.  God did not need help, but at this point, when it came to the Children of Israel, God wanted two things.  First, He wanted His people to be reminded of who their God-appointed leader was.  Second, He wanted that leader, Moses, to have ultimate trust in, and reliance upon, God.  So, He waited until Moses stretched out his hand over the sea.

The Bible says God swept back the sea using a strong east wind.  And that wind blew all night dividing the waters and separating them with dry land.  The Bible says the waters acted as walls on either side of the cleared passage.  Scientists have been trying to explain this for years.  Some rely on it being a “sea of reeds” and that it was incorrectly interpreted as the Red Sea.  And of course, to them reeds only grow in very shallow water that easily could allow the Israelites to pass.  Okay, but did that equally shallow water cause the drowning of the entire Egyptian army?  Sorry, that argument does not, pardon the pun, “hold water”.  I choose and believe in, as an explanation, the miraculous intervention of God with the nature He created.

I have learned, though not early enough, that taking up a pursuit that was against God’s will, as the Egyptians did, is bound to fail.  There was no way the Egyptians could succeed and there is no way any one of us could succeed when we intentionally go against what we know is the will of God.  Whether you are chasing something immoral, or something for your own pride or ego, even something that would be nice to have but not expedient for you as a Christian, stop for a moment and determine honestly if you have the assurance it is indeed God’s will for your life.  If so, keep at it.  If not, drop it.  Success will only come if God is in it.  Failure and often disaster is bound to result if He is not.  Even if you have all the resources possible to bring it about as Pharaoh had all his horses, all his chariots, and all his horsemen, the pursuit is doomed.  Just ask the Egyptian army pursuing the Israelites.

So how did it come about?  In the morning after the night during which the angel of God and the pillar of cloud prevented the Egyptians from attacking the Israelites, God looked down on the Egyptian army and caused great confusion among them.  He caused their wheels to swerve as they pursued the Israelites making the chariots very difficult to drive and direct.  Realizing the predicament they were in (like wagon trains getting stuck in the muddy ruts of dirt roads), the Egyptians came to two realizations.  First, they had to turn back and flee for their lives.  And second, God was fighting against them on behalf of His children.

That is the goal of the Christian when he or she is in trouble.  Follow the instructions given by God, have full reliance on Him, and live in such a way that the Enemy will flee from you as he realizes that God is fighting on your behalf.  Whether it is your circumstance or that of the children of Israel coming out of Egypt, God does look down and He will not be mocked.  In fact, when we look at what is going on in the world today especially in countries like America that should know and do better when it comes to what God expects, we can be sure that God is looking down and ultimately He will not be mocked.  When the time comes in accordance with His schedule He will act.  But right now, He is simply causing or allowing great confusion to envelope society.  It is during these times, that He provides His clear and direct guidance only to those that seek Him through a personal relationship with His Son, Jesus Christ.

And when God causes confusion, our world society keeps going further and further into the mire of hopelessness, losing its bearings, and doomed for an eternity without God because it chose to pursue what God did not want for them.  We are seeing great evidence of that everywhere we look.  Morality, ethics, standards, holiness, integrity, and accountability “have left the building!”

It is my prayer and hope that some (perhaps that includes you) will get the message to stop their “pursuit” before the wheels of their lives swerve into an eternity without God.  They can get out of their circumstances. God is there for them just as He is for those that already love Him and have made His Son their Lord and Master.  It is never too late.  May I suggest that you reach out to Him right now in prayer and then seek out a friend, or a relative, or a pastor/minister that already has that relationship with Him, and say, “I’m ready to yield my life, my will, to Him; will you help me?”  Let God sweep your life clean for eternity.

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[Are you looking for a speaker at your church, your club, school, or organization? Ken is available to preach, teach, challenge, and/or motivate. Please contact us.]

Thanks for dropping by. Sign up to receive free updates. We bring you relevant information from all sorts of sources. Subscribe for free to this blog or follow us by clicking on the appropriate link in the right side bar. And please share this blog with your friends. Ken Godevenos, Church and Management Consultant, Accord Consulting.  And while you’re here, why not check out some more of our recent blogs shown in the right hand column.  Ken.

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It would be great if you would share your thoughts or questions on this blog in the comments section below or on social media.

God’s Protection Services -- Exodus 14:19-20

And the angel of God, who had been going before the camp of Israel, moved and went behind them; and the pillar of cloud moved from before them and stood behind them.  So it came between the camp of Egypt and the camp of Israel; and there was the cloud along with the darkness, yet it gave light at night.  Thus the one did not come near the other all night.


Whenever I read these two verses lately, I cannot help but think of all the bodyguards that today’s politicians, celebrities, and senior businesspersons have.  Millions and millions of dollars are spent annually protecting these people from harm, kidnapping, and even assassination.  Yet the best protection for our lives is totally free of charge.  God’s protection services come with only two requirements.  Follow the path He has laid out for you as His child and rely totally on Him.

But let’s look closer at His methods.  He employs angels who strategically place themselves between the perils we fear and us.  Sometimes they go before us to lead us and sometimes they go behind us to protect us from surprise attacks.  He is in full control of His armies.  And when the world entraps us into utter despair, God is there.

While the angels’ primary concern was to protect the children of Israel, the pillar of cloud was more of a physical barrier to the Egyptians preventing them from attacking.  Although it is often too hard for us to understand it in our times of trouble, the fact is that God’s protection services are twofold – they take care of us while at the same time dealing with our enemies.

The angels moved from being in front to being behind the Israelites.  The pillar of cloud had provided light for them.  Together they had led them under God’s direction to the Red Sea.  The path to be followed at this point forward was clear – difficult, requiring great faith, but clear.  Put another way, they could not get lost.  Thus, it was totally safe for the angels to move behind them.  And the light from the pillar of cloud, once it moved to being behind them as well, could now shine from behind to provide some light, but also be utilized as a “blinding light” to the enemy, preventing them from being able to see the children of God.  Finally, as one commentator stated, that same pillar that was preventing the Egyptians from striking the Israelites could also have saved them had they, even at that point, heeded God’s warning to let His people go.

The passage ends by stating that “one did not come near the other all night” – the parties did not interact all night.  God’s angel and His pillar of cloud kept them apart.  They were safe.  All they had to do was stay on the path He identified for them and trust Him.

Hidden in all of this is a very difficult lesson for Christians to learn and accept.  It is this:  God is at work for our good even though He may choose for a time to keep from us the kind of evidence we would prefer to see of His presence -- blessings, joy, peace, etc.  It is when we are deeply troubled and distressed – mentally, socially, physically; when we see no way out; when the path ahead of us seems to be nothing but utter destruction and ruin – it is then we need to realize that God’s Protection Services are working overtime for us.  Stay the course.  Look up.

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[Are you looking for a speaker at your church, your club, school, or organization? Ken is available to preach, teach, challenge, and/or motivate. Please contact us.]

Thanks for dropping by. Sign up to receive free updates. We bring you relevant information from all sorts of sources. Subscribe for free to this blog or follow us by clicking on the appropriate link in the right side bar. And please share this blog with your friends. Ken Godevenos, Church and Management Consultant, Accord Consulting.  And while you’re here, why not check out some more of our recent blogs shown in the right hand column.  Ken.

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It would be great if you would share your thoughts or questions on this blog in the comments section below or on social media.

Giving back to Pastors in the GTA, Ontario area.

Are you a Pastor in the GTA, Ontario?   Three of us want to give something back from our expertise to those who lead our churches.  Take a look:

Church Leaders Forum

You are invited to join Ken Hall of Robertson Hall Insurance, Andrae Marrocco of Dickinson Wright Lawyers, and Ken Godevenos of Accord Consulting on Thursday, November 21, 2013 at 10:00 a.m. for an information session on the latest insurance, legal and employment issues facing the church. This is an invitation only event (requests for additional attendees can be made before the event) as such events are intentionally kept to a small number to facilitate open discussion.

Hosted by Dickinson Wright LLP at:
199 Bay Street, Suite 2200
Commerce Court West (southwest corner of King & Bay)
Toronto, Ontario, M5L 1G4
[Please note that this is a secure building & all visitors must register in the lobby.]

Meeting Agenda

10:00 a.m.      Registration and refreshments

10:25 a.m.      Welcome and introductions - Andrae Marrocco

10:30 a.m.      Part A: What you need to know about being insured - Ken Hall  (includes Q&A)

10:50 a.m.      Part B: What you need to know about your employees - Ken Godevenos (includes Q&A)

11:10 a.m.      Part C: What you need to know about recent changes in the law and the church - Andrae Marrocco (includes Q&A)

11:30 a.m.      Participants verbal feedback and suggestions for future events - Ken Godevenos

11:40 a.m.      Thank you and adjournment - Andrae Marrocco

11:45 a.m.      Feel free to network with your colleagues with more coffee!

RSVP (required): Mary Smythe at 416-777-4040 or by email: msmythe@dickinsonwright.com

For more information, please contact:
Andrae Marrocco’s office at 416-777-4046

We look forward to having you join us on November 21st.


Biographies

Kenneth A. Hall is President of Robertson Hall Insurance and specializes in insurance protection and risk management advice for over 5,500 churches and Christian charities across Canada.  His “Facing the Risk” series of articles highlights the current issues facing Christian charities and their leaders, including abuse prevention, board governance, counselling services and injury prevention.

Andrae Marrocco is a seasoned lawyer whose practice spans advising clients on sophisticated international transactions to everyday legal matters. This versatility allows Andrae to advise churches on both simple and complex legal issues with great insight and in a practical and creative manner.

Serving on the leadership team of his local church as a credential holder, Andrae has a deep understanding of Christian doctrine, the mission of the Church and the fundamental principles by which it functions. Moreover, he appreciates the realities, dynamics and requirements of the day-to-day operations of churches.

Andrae brings an innovative, insightful and solutions-focused approach to providing legal advice that is informed by his Christian perspective. He is dedicated to the expansion of the Church and has the understanding, passion and qualifications necessary to assist churches in achieving their mission.

Ken Godevenos is President of Accord Resolution Services Inc. and an experienced speaker, facilitator and seminar leader. He is an active member of WorldatWork, having served as Canadian President, American Board Director, and Chairman of the International Committee.

Ken also serves as President of SCA International, a Canadian Christian Mission, responsible for staff and volunteers working across the country both independently and from four year-round Ministry Centres, and working primarily with Aboriginal Peoples in Canada.

Author of Human Resources for the Church: Applying Corporate Principles in Spiritual Settings, a 432 page handbook for Pastors, Executive Pastors, as well as Church Board- and HR Committee- members.  The book was published and is available through Essence Publishers or from SCA International.

It would be great if you would share your thoughts or questions on this blog in the comments section below or on social media.