Requête civile (RPDB – Droit judiciaire) (French Edition)

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Corruption in the Moonlight: Thomas Siddon ministre des Affaires indiennes et du Nord canadien: Honourable senator, would you enter- tain a question at this point? I realize that you are concentrating your inter- esting address on publishing princi- pally in Quebec, but I know about a situation in English-language publish- ing that disturbs me and many others.

I wonder if the same situation prevails with regard to French-language publi- cations in Quebec. I am referring principally to books published by university presses — for example, Oxford University Press or Cambridge University Press. A book that cost 10 pounds was really extraordinary.

I now find that when I buy books from England I am paying 30 pounds, 40 pounds, or even 50 pounds for them. Why has the price of these kinds of books gone up in this astronomical way? I am told that it is a vicious cycle. The price was put up to pay for the increase in printing costs. The result was that the number of books pur- chased declined. Consequently, the price was raised again, and, as a result, the circulation declined. We now have a situation where books are printed in small runs — as they say in the print- ing trade — and are sold for 40 pounds or 50 pounds.

I buy a fair number of books of that type — at least I used to. We will then put a tax on that. That will decrease the number of those books purchased and printed. Does the government have any real- ization of the economics of academic book publishing in Canada? I ask a two-pronged question here. First, is what I say true with regard to aca- demic books published in the French language? Secondly, how will the tax on books influence the publication of so-called learned books in Quebec itself? I wonder if now or at some other opportunity perhaps later today you could deal with that question.

Vou describe the situation for the learned books of university presses published in Great Britain, or Toronto for that matter, quite accurately. The difficulties that you described concerning books that are printed in English are still more acute in Quebec because of the smaller number of readers. The price for these books is now so high that it is difficult to buy them for students who have limited means.

These books will not be classified as text books and will be taxed at 7 per cent by the GST. Consequently, fewer books will be sold to students, academics, researchers, and so on. Also fewer books will be exported at a cost. Consequently, fewer books will be printed in the future. Because there will be a fewer number of books in the run, as you have mentioned quite correctly, the publisher will have to increase the price of these books, and the higher these books are, the less people will buy them and the more cosdy they will become.

So what is the end of that, I don't know. One thing that is quite clear to me is that the GST on books is not the answer.

Civil procedure

It is the beginning of the end for a lot of books. Naturally the publishers of learned books will also have to make choices, which means that a lot of the good books that should be published on very special subjects, books that are important for the evolution of think- ing of society, will not be published at all, let alone sold in smaller quantities. In a year from now the Toronto University Press will not publish the same number of books that they are publishing now, and that will be because of the GST.

If I were the gov- ernment, I would not be happy to be responsible for these books never becoming a reality and never playing a role in the evolution of our society. I thank the hon- ourable senator. May I ask another very short question on the same topic?

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We have in our midst a distinguished authority on constitutional law who has just recently published a book on this rather esoteric topic. La question se pose donc de savoir pourquoi il y a eu une hausse aussi astronomique du prix de ces livres? On me dit que c'est parce qu'il y a un cercle vicieux. Ma question est, en fait, double. Je voudrais savoir si nous pourrons en parler, sinon maintenant, du moins un peu plus tard.

Comment tout cela se terminera, je n'en sais rien. Il y a en tout cas, une chose qui est cer- taine, c'est que appliquer la TPS aux livres n'est pas la solution. Cela son- nera le glas de beaucoup d'ouvrages. The Honourable Flora MacDonald, the then Minister of Communications, in speaking to us about the copyright bill, gave us her assurance that the education exemptions which were being discussed, and which she said were already drafted, would be brought in.

That is three years ago. In the meantime, because the copyright bill was passed on the understanding that those amendments would be brought in, all educational institu- tions, as I have said before many times in this chamber, are really suffering from the significant limitations put on them. We were assured once again that phase two of the copyright amendments would be brought in this year.

They have not been brought in. In fact, in correspondence and tele- phone calls over the last three weeks, I have heard many different things: My question is to the Leader of the Government I ask if he would please inform this chamber if he has any sure knowledge on this question. First of all, as background, I have received a number of letters, especially from uni- versities and colleges, who were really feeling the cost of having to deal with those provisions of the Copyright Act which, as you know, provide no exemption for legitimate educational uses, or even illegitimate ones, for that matter.

There is a rumour that phase two will be broken into two parts, that whatever is to be in phase two may come in small bites. I would like to know whether that is true or not. There is a rumour, a very widespread one, subsequent to meetings held in the recent past, that the minister is no longer entertaining the education exemptions to which he had already committed himself in writing in letters to members of the educational com- munity.

There is a rumour that while those education exemptions may still come in, there may be costs attached to them so they will not, in fact, be exemptions at all. I wonder if the Leader of the Government is in a posi- tion to confirm or deny any of these rumours, and if he is not, what is the earliest date, on which he can provide some information to this chamber which has quite a number of people who have direct interest in this matter.

Honourable senators, I am always glad to hear the honourable senator's rumours. I under- take to do so as soon as possible. On 6 August some 20 secu- rity agents arrived at his home in Havana in the early hours of the morning, searched the premises and the offices of the Cuban Commission of Human Rights and National Reconciliation CCHRNR of which he is the president, and then detained him. According to Amnesty Inter- national, Elizardo was charged with 'spreading false news with the aim of endangering the prestige or stand- ing of the Cuban state'.

Apparently this referred to interviews he gave foreign journalists about the trial and treatment of former army offcers who were executed on 14 July on charges of high ueason and offences related to drug trafficking. Following his trial on 17 November , Elizardo was sen- tenced to two years imprisonment and is now held at Combinado de Este prison in Havana.

He has been detained on several occasions apparently for political motives. He was arrested in September after denouncing human rights violations in Cuba to foreign journalists, and was held without charge until his release in May Please imite brief and courteous letters appealing for the immediate and uncon- ditional release of Elizardo Sanchez Santa Cruz to: Fellegi, the Chief Statistician of Canada, announced to the Senate Finance Committee in early January that Statistics Canada was considering responding to budget cuts by stopping gathering and distributing statistics on research and development in Canada.

David Berger, the Liberal science critic, vig- orously attacked the proposal in a let- ter to Benoit Bouchard. Copyright The battle continues. The rush to push legislation hostile to the interests of scientists, scholars and universities appears to have been headed off. The talk now is of reverting to the original schedule which would produce a pro- posal in June. Marcel Masse has writ- ten a letter to Jim Edwards, the M. Regrettably the let- ter has no details. CAUT continues, therefore, to press the government to honour its previous commitments and to produce Phase II as soon as possi- ble based on the compromise worked out by Mr.

Masse's own depart- ment. Masse, Where are You? Recently, however, we have been meeting to see if we can sort out our differences. Our discus- sions and our meetings with the Department of Employment and Immigration have focused on two-tier advertising rules. We agree that we must look behind demands to relax the regulations in particular areas and ask why there are shortages of aca- demics in these areas and what might be done by joint lobbying to do some- thing about it.

CAUT recognizes that there are areas where there are not enough Canadian candidates, but has also insisted that these areas must be precisely described if exemptions are sought; for example, not simply engi- neering but particular sub-fields in engineering. We also suggest that the exemptions be limited in duration and automatically subject to review.

Recent meetings with departmental officials, suggest they have accepted our position on what those exemp- tions should be.

A similar lecture was deliv- ered last fall. For many years, CAUT had criticized the training of security officers for its failure to include com- ponents on civil liberties. We welcome CSIS's decision to amend the content of recruit orientation to take into account this vital issue. The government of Quebec has suspended the operation of the provincial GST on books for a year. If you buy from a foreign book store, instruct the dealer to indicate on the outside of the package that the contents have a value of less than S40 provided that is indeed true.

Revenue Canada contin- ues to insist that the GST applies to all foreign periodicals. This is likely to produce massive difficulties for the scholarly community. Legal Status for Artists Marcel Masse, the Minister of Communications, introduced legisla- tion in December to give certain legal rights to artists whose work falls within the federal domain. The purpose is to create a labour relations structure which would include sectoral bargain- ing for artists involved in television, radio, the National Film Board, the National Arts Centre and the like.

This part of the proposal is modelled after existing legislation in Quebec, The federal legislation would also cre- ate an advisory council to study mat- ters such as unemployment insurance and other social benefits. It says that students are get- ting a raw deal because of larger classes, increased use of part-time teachers, fewer library services, and fewer program choices.

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William Winegard, et du premier ministre. I vaguely thought I might try to break out of my current postmod- ernist malaise by embracing a fun- damentalist religion. How's the mail backlog? Shall I run through the main items? Please Who's Wlw In North-Eastern Higher Education would like details of your distinguished academic career so that your name may be included in the next edition of the "prestigious volume".

Aren't I already in that edition? You may be thinking of Men of Eminence in Greater Humber side. Requests for references for another 14 non-existent students. What's going on, Maureen? Either several hundred complete strangers have spontaneously decided to swear allegiance to a department of which they were never members or else Dr. Robards has made a bigger cock-up in creat- ing our student database than even we believed possible. The vice-chancellor wants to know whether you will be free to collect your scroll for 30 years' dis- tinguished service in person or whether it would be more conve- nient to have it faxed through to the Porter's Lodge.

There's a smudged note from Dr. Piercemuller saying that because of blizzard conditions in north-east Scotland he won't be able to take his classes in the week commencing January And a note from the library com- puter regretting the fact that your "alternative book list" for next term includes seven titles which them- selves are not available and wonder- ing, therefore, if you have an alter- native alternative book list. You have an invitation from the University of Aberdeen.

It simply invites you to visit the University of Aberdeen in the coming year. And then adds something about "it being your turn": Maureen, I wonder if you'd mind terribly if we dealt with these tomorrow. I seem to have misplaced an essential personal item. Not your Sasco wall chart? Let's simply call it — "the will to live". Delighted with broad southern prospect.

Start from traction without Tom. The end of the Tories? Orphan lass — girl, that is. Went back to the bargaining table. Strange principle follows model instrumentalist. Played by one who is not there. Conflict over Princess's okay. Courtyards found in the great rialto. Notice of a smashing alternative. Make a program error budge. Chemical agent from the West? Pure white noise of tea — I owe two! Professionals point to writing.

Fee traded for the Provinces of Canada for instance. Home with no aspiration to be central.

Read e-book online Requête civile (RPDB – Droit judiciaire) (French Edition) PDF

Christian principle from White Rock. Reward can follow legitimate gendeman, perhaps. After time, age loses each old- fashioned way. Spire confused Hardy's heroine with Sappho. Ersatz liquorice from beads on climber. Game piece on tap. Game or tape complemented by Vous pouvez additionner, sous- traire, multiplier ou diviser. Compared to traditional printing processes, over the course of one year we will have: Commissioned by CAUT, the first part of this published report covers several matters: Part II describes deductions for contributions to pension plans, union dues and professional memberships.

Deductions for Contributions to Pension Plans A money purchase plan is one in which a pension is purchased at retirement from funds attributed to employer and employee contributions plus any invest- ment income earned. The new rules are summarized below with any transitional changes between and later years identified. These rules obviously do not apply to and earlier years. Employee Contributions to Defined Benefits Plans A defined benefit plan is one in which the calculation of benefits earned is based on pay levels and years of service.

After there are no limits to the deductibility of an employee's current or past service contributions to such a plan. There is of course the remain- ing restriction that the terms of the plan permit the contribution. Pension reform continues to allow teachers to make past service contributions to a registered pen- sion plan for periods during which they were a contributor. This rule is in effect until to accommodate those who had withdrawn contributions previously made.

Excess contributions can be removed tax-free only until December 31, The limit will be indexed after Foreign Plans It will have been noted that for deductions from income to be allowed in respect of pension contributions, the plan must be registered according to rules established by Revenue Canada.

By definition contributions made by a Canadian taxpayer to a foreign plan not so registered will not be allowed as a tax deduction and income earned in the plan may be taxable. This is true even in cases where a Canadian resident is paying Canadian tax on foreign income earned while tem- porarily abroad and the pension contribution is made in respect of such income.

In many cases, when a taxpayer leaves Canada on a temporary assignment, it is possible to continue paying Canada Pension Plan payments, and thereby maximize future benefits. Maintaining Registered Pension Plan Payments The question remains as to whether those who are abroad, and who continue to be subject to Canadian tax, may deduct contributions to a registered pension plan when they are not receiving income from the employer who sponsors the plan. While it is difficult to imagine all of the possible situations in which university professors might be employed, we believe it is quite common for individuals to take temporary employment abroad with the intention of returning to Canada.

It is the common practice of Canadian universities to permit the absent employee to make both their own and the employer's contributions to the university's plan. In this way the years of service and final benefits are maintained. Assuming the individual continues to be a resident of Canada for tax purposes, they will be taxed on world income, including foreign source income and it appears they are able to deduct their pension contributions to the Canadian uni- versity even though most or all of their taxable income is generated overseas.

There is a requirement that the contribution be made "in accordance with the plan as registered". A second requirement that the contribution be deducted at source by the employer is obviously not possible where the employee is on leave of absence. Revenue Canada's assessing practice has been not to insist on this requirement in such circumstances. Union Dues and Professional Memberships Section 8 1 of the Canada Income Tax Act permits the deduction of annual professional fees subject to the following conditions: They must relate to an office or employment.

They must be required to maintain professional status. The employee must not have been reimbursed. The employee's designation must be recognized by statute foreign, provin- cial or federal. The amount must have been paid in the year. Interpretation Bulletin R2 holds that while the designation need not be mandatory to hold a position, it must be related to the position from which the income is derived. Dues paid to a society of accountants would likely not be deductible by a professor of medicine. It would therefore be logical that where any employment income is being taxed in Canada, whether for a resident or non- resident taxpayer, any annual professional dties which meet the above criteria would be deductible.

The payment can be made to a Canadian or foreign associa- tion or body. The same section permits the deduction of annual union dues if: They do not represent payments for retirement or other benefits if this should be the case the payment may be otherwise claimed. The dues must not be reimbursed to the employee. They are not designated as special assessments by the union. They are supported by entry on the employee's T4 or by an appropriate receipt. They are wholly applicable to the reported income or may reasonably be regarded as applicable.

Subsection 8 l i iv stipulates the union be defined by the Canada Labour Code or a provincial statute. It may therefore be possible that dues paid to a for- eign union would not be allowed even though the related income was taxed in Canada. Note that in all of the above discussion the question of residence does not appear to be a factor, but rather whether the taxpayer is reporting Canadian income. Commencing with , employers will report the applicable pension adjustment on your T4.

The calculation of the pension adjust- ment is complex and for defined benefit plans, is a function of the benefit accrued during the year. Plans will be amended for so that the P. C'est pourquoi ils se comprennent si bien. That's why they understand each other so well. We are therefore pleased to offer you the Made-to-Measure package we have prepared to meet your specific needs and help you realize substantial savings.

Each time you use your card, you will be helping your association reach its objectives. Rounding out the package are numerous banking privileges, reduced rates. Made-to- Measure loans and various other benefits, not to mention personalized priority service. For more information, drop in to the National Bank branch nearest you. Dans ce cas, deux restrictions s'appliquent. The case involves a libel action brought against the authors and publishers of a book of contemporary oral history.

Four individuals identified in Scott's memoirs as members of the Communist Party of Canada took legal action believing they had been libelled by Mr. Scott, his editor and publishers.

John's firm that had printed the book, were all named in the suit; Memorial University was included because the Committee was located at the university which may in itself carry legal implications. However, in this instance, the Committee was not dealing with a dispute solely among academics. Although some of diose against whom the complaint has been lodged are members of CAUT, the book's princi- pal author and the complainants are not.

The Committee wrote to the President of Memorial University urging him to defend the faculty members who were being sued. The President of Memorial replied that the question should be referred to the University's insurance carriers. The insurer agreed to assume the defence of the faculty members along with the University, who was already repre- sented by the insurer since being named in the suit. To date, other universities whose faculty members are named in the suit have not followed Memorial's example.

This leaves faculty vulnerable should the insurance carrier decide not to defend the faculty member, or if a pro- fessor is sued privately as the result of a publication. This not withstanding, it is difficult to see how the insurer could accept liability to defend the university against the action, but not the employee. Since the defence fund is small, however, the funds available from this source are limited.

In a related development, one of the complainants in the case wrote to university libraries, warning them of the libel action and demanding that copies of the book be withdrawn from circulation; this individual threatened that, if this were not done, offending institutions would be added to the suit. Thus far the librarians have refused. As the University Librarian at Memorial wrote, "such cases may drag on for years at relatively little expense to the plaintiffs, particularly if they are acting for themselves.

However, it is clearly desirable that the universities' willingness to defend academic freedom be affirmed positively and specifically. The case discussed here shows that this must be specified in collective agreements and special plans, since general expressions of commitment to academic freedom may not produce meaningful action when required. Other avenues of support that warrant consideration include establishing defence funds by learned societies such as that of the Canadian Historical Association , by faculty asso- ciations the Memorial University of Newfoundland Faculty Association has one , and by the Association of Universities and Colleges in Canada.

Forer, A Chilling Effect: Individual affiliated mem- bers and associate members of CAUT are entided to make nominations. In order to maintain the effective- ness of CAUT as an organization it is extremely important that well quali- fied members of local and provincial associations are nominated. Nomination Procedure Nominations should be sent to: Nomination deadlines for this second call: Academic Freedom and Tenure Committee: March 31, Librarians' Committee: March 31, All other nominations: March 31, if possible Description of Positions The President Responsible for guiding the affairs of the Association between meetings of Council and for ensuring that poli- cies approved by Council are imple- mented.

A nominee for the position of President should have had consid- erable experience in faculty associa- tion affairs at the local or provincial level. The Vice-President Responsible, in particular, for rela- tions between CAUT and its staff and, as a senior officer, for assist- ing the President with his or her responsibilities. Committee Members Nominees for positions on Standing Committees should have considerable experience in the area of responsibility of the committee to which he or she is nominated.

It was the first case of a major international develop- ment agency facing this harsh side- effect of the current recession. With a record of more than 50 years of overseas development assis- tance, WUSC is one of Canada's oldest development non-governmental orga- nizations NGOs , noted for a high standard of educational and technical assistance. It is also the largest, with some 30 employees and volun- teers and staff in 20 countries at the time this crisis hit. WUSC received 70 per cent of its financing from the Canadian International Development Agency CIDA , both for the volunteer- sending program familiar to many Canadians, and as an executing agency for Canadian bilateral projects with developing countries.

The crisis arose through a combina- tion of factors. In a depressed real estate market, the agency found itself making mortgage payments on both properties. At the same time, government cut- backs affected the number of con- tracts to manage bilateral projects which the agency had anticipated. The board informed CIDA, asking for a last-minute bailout from the government. When the story broke in the national press, a public outcry from former WUSC volunteers and the development community blamed CIDA for its refusal to help.

On a more personal level, friends and family were con- cerned about the fate of WUSC volun- teers stranded around the world. WUSC's ability to recruit motivated volunteers came from its committees on Canadian university campuses. The committees also supervised WUSC- sponsored foreign students, and edu- cated students to development issues.

With the focus on programs overseas, little was said of the fate of these committees. For its part, CIDA claimed that it was unable, because of its own finan- cial controls, to advance further funds to WUSC unless the organization went into receivership. On December 4, three weeks before Christmas, the WUSC head-office employees were gathered, told how to apply for unemployment insurance, and then sent home by a demoralized management. The bank had called its loan, forcing WUSC into bankruptcy.

With the Toronto-based accoun- tancy firm of Ernst and Young Inc. Monique Landry, Minister for External Relations and International Development called a news confer- ence to announce a partial bailout.

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While Ernst and Young attempted to develop a proposal to put WUSC back on a sound financial footing, CIDA would provide funding through the receiver to keep projects and volun- teers afloat for the remainder of their contracts. It remains to be seen whether a viable plan can be devised to help a new, leaner WUSC emerge like a phoenix from the ashes. Eighty out of staff at WUSC's head office have been rehired as con- sultants to the receiver, and overseas staff are being paid through their ordinary contracts.

WUSC's university campus commit- tees across Canada are being main- tained on a skeleton basis, awaiting a new plan. That decision is expected to be made by early February. One day only Child Care required? Make cheques payable to CAUT. Send an entire Action Team and Save! Economic Enterprise or Intellectual Challenge? Unfortunately, they provide no reason nor argument against any of the contradictions I specify in my article.

They opt instead for ad hominem diver- sions, invented attributions and avoid- ance of the issue of treating education as a commodity to be marketed like soap. With Chamber of Commerce admonitions that no professors "need be averse to having their commodity put on sale" and "education is a con- sumer good As we know, the favoured current justification for putting the public sec- tor and now education on sale is to represent it as an act of "freedom", and opponents to it as the enemies of free- dom. Jarvie and Agassi follow the for- mula. McMurtry Philosophy, Guelph, Sept.

McMurtry's article prompted the letter by Jarvie and Agassi. Their wholesale misunderstanding of McMurtry's piece left me gasping. Their ad hominrm attack is the most obvious manifestation of misunder- standing. McMurtry champions the rights of ordinary citizens and argues for everyone's right to learn a gen- uinely critical perspective.

For that he is accused of having "contempt for ordinary citizens" and for wanting to ride "roughshod" over their views and demands. McMurtry's piece is in a widely circulated, national Bulletin. Yet his critics ask him to expose his views "in the open market of political ideas". Despite the ugly phraseology, isn't that precisely what he was doing? He carefully points out that the philosophy of corporate enterprise and the philosophy of serious educa- tional institutions are fundamentally different and, ultimately, opposed. No one is fooled or coerced by the rea- repeated claim that my article "rides roughshod over" and "shows contempt for ordinary citizens".

As those who have read my article will know, this is an Orwellian inversion of the article's argument. Interesting enough, perhaps, but quite beside the point. Professor McMurtry is saying some- thing important and very real. Corporate enterprise in our time has increasingly usurped the power of other social institutions.

The increasing mono- lithism of its power threatens other social values. More than one serious commentator in recent years has spo- ken of that concentration in terms of totalitarian power. When infrastructures to spending on military force, and thereby keeps the world's free markets free for the activities of multinational corporations. There is indeed "contempt for" and "riding roughshod over" ordinary citi- zens evident here, but it is the riding contempt of those who do not deign to consider the possibility of such prob- lems for "ordinary citizens", even when they are set before their eyes.

One can understand why professors who propose that their colleagues should have "their commodity put on sale" might need a certain ability to ignore facts and arguments.

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But how- ever innocent their faith in the market idol, we should have no illusions about the social powers their advocacy pro- motes, and the corporate model they presuppose as the framework of intel- lectual freedom. At some time, aca- demic devotees to the market theology need to make a basic distinction between types of competition they now confuse — between the profit-seeking commodification of images in the com- mercial market, and the reasoned con- testing of informed positions in the forum of public education.

John McMurtry University of Guelph corporate enterprise begins to harness university administrations, policies, structures, and language as it is doing , the danger signs are there for all to see. There is nothing wrong in calling education a "consumer good" as long as the intention in doing so is to trans- form ii into a "commodity". As such, it becomes a "product" of corporate cap- italism and ceases to be what if has been traditionally as a safeguard of individual and community freedom.

But to accuse McMurtry of saying things he doesn't say and to accuse him of being lots of things he isn't simply obscures the issue. When they use, moreover, tri- umphantly, corporate jargon to spell out educational needs, they are using a substitute for precise language. I am still trying to figure out, for instance, what is done when "education" is "sold on the open market". John Roche, of Oxford University. But he gives little in the way of evidence to support the claim that the philosophy of Opus Dei favours "bigger big business" his term over small busi- ness. Yet I specifically mentioned this as a claim for which evidence should be provided.

If one chooses, as McMurtry seems to do, to ignore the distinction between the philosophy of an organization and the behaviour of its individual members, then he could indeed find much better evidence for his claim than what he offered in his letter. If one keeps the distinction alive, as one should, whether we deal with Communism, Marxism, Christianity, or any movement, then we need to look both at the professed beliefs of the organization and at the overall behav- iour of its members, not just selected individuals.

There is nothing peculiar about my reference to Opus Dei as a "whipping boy". I have a sister who, as a member of that organization, has dedicated her life to the education of Kenyan girls in an inter-racial school, Kianda, of which she was a founder in the early s, before the Peace Corps or the Company of Young Canadians. High to Low Avg. Available for download now. Only 2 left in stock - order soon. Only 1 left in stock - order soon. Only 3 left in stock - order soon. Provide feedback about this page. There's a problem loading this menu right now. Get fast, free shipping with Amazon Prime.

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