Professional & Knowledgable Law Team

Friday, March 30, 2012

India Supreme courth refuses clemency plea for Bhai Balwant Singh Rajoana


India Supreme courth refuses clemency plea for Bhai Balwant Singh Rajoana
The Supreme Court on Friday refused to pass any order on a plea for clemency to Balwant Singh Rajoana, awarded death penalty for assassination of former Punjab Chief Minister Beant Singh.
A bench of justices T.S. Thakur and Gyan Sudha Misra said it cannot pass any direction as the convict has not filed any petition before it and the petitioner Abhinav Ramakrishna has no locus standi to plead on his behalf.
The apex court also allowed an NGO, Lawyers for Human Rights International, to withdraw its petition filed with a similar plea.
The bench told Abhinav Ramakrishna, an advocate, that since petition was filed under Article 32, it cannot be entertained as in no way, any fundamental right of the petitioner was violated.
In other words, the bench said, Article 32 provision could be invoked only by a person whose fundamental right is violated.
The NGO had contended in its petition that Rajoana was not properly represented during the trial of the case and he had also not filed any appeal in the Punjab and Haryana High Court against his conviction and capital punishment awarded by the trial court.
The NGO was seeking stay on the execution of Babbar Khalsa militant Rajoana’s death penalty, which was slated for March 31 but has already been stayed by the Centre. Rajoana is presently lodged in Patiala Central Jail.
The NGO had challenged the March 22 order of the Punjab and Haryana High Court which had dismissed a PIL against the lower court’s order convicting Rajoana and awarding death penalty to him.
It had said the decision in the case has not attained finality as the CBI has challenged in the apex court the commuting of death sentence to life term of co-accused Jagtar Singh Hawara.
“That it is submitted that the judgement by which the death sentence has been confirmed, is under appeal before the Supreme Court at the instance of the CBI.
“The special leave has been granted in an appeal against the conviction of Hawara. So the decision has not attained finality, therefore, the death sentence can not be executed,” the NGO had said in its petition.
Rajoana, a police constable and a close friend of another assassin Dilawar Singh Babbar, was the second human bomb to be used, in case the first one failed to kill Beant Singh on August 31, 1995.
The special CBI court had awarded death sentence to Rajoana and Jagtar Singh Hawara on August 1, 2007. Other co-accused Lakhwinder Singh, Gurmeet Singh and Shamsher Singh were sentenced to life imprisonment for hatching conspiracy to kill Beant Singh.
Rajoana did not appeal against the judgement. The death penalty of Hawara, who filed an appeal against it, was commuted to life term.

Bibi Jagir Kaur gets 5 years’ rigorous imprisonment,while acquitted of murder charges



Bibi Jagir Kaur gets 5 years’ rigorous imprisonment
Patiala, Punjab: Punjab minister Jagir Kaur was today convicted for conspiring in forcible abduction, kidnapping and wrongful confinement in connection with the killing of her daughter Harpreet Kaur 12 years back but was acquitted of the murder charge.
The minister was on Friday sent to Patiala Central Jail after a special Central Bureau of Investigation (CBI) court sentenced her to five years of imprisonment in three cases relating to Harpreet’s mysterious death in April 2000.
Jagir Kaur, who had been accused of getting her daughter murdered in an apparent case of honour killing, was found guilty of forcing Harpreet to abort her baby days before she died. She was also found guilty of abduction and wrongful confinement.
She was given five-year rigorous imprisonment in one case, three years in another and one year in a third case. All sentences are to run concurrently.
Harpreet was found dead under mysterious circumstances on April 20, 2000. She was cremated in a hurry without post mortem examination. Jagir Kaur had then said that her daughter died of severe food poisoning.
Later, her son-in-law Kamaljit Singh accused Jagir of plotting the murder of Harpreet as she did not approve of their marriage. He also claimed that a pregnant Harpreet was forced to abort her baby, days before she was killed.
Harpreet had married Kamaljit secretly against the wishes of Jagir, who was then the chief of Shiromani Gurudwara Prabandhak Committee (SGPC), the Sikhs’ highest religious body. The allegations forced her resignation from the post.
The case against Jagir was registered after Kamaljit approached the Punjab and Haryana High Court, which consequently ordered a CBI probe. Earlier this month, Kamaljit had written a letter to Punjab Chief Minister Parkash Singh Badal claiming that he and his family were being threatened by the police.

Lok Sabha nod for Bill on judicial standards and accountability


New Delhi, March 29
The Lok Sabha today passed, the Judicial Standards and Accountability Bill, 2011 aimed at striking a balance between maximising judicial independence and laying down accountability at the same time for members of the higher judiciary.

The Bill proposes to reduce the quantum of punishment for frivolous and false complaints against judges from proposed five years’ rigorous imprisonment to one-year simple imprisonment and quantum of fine from Rs 5 lakh to Rs 50,000.
As in last two days, the Lok Sabha was adjourned first during the Question Hour, then at 12 noon. When it met at 2 pm, the Telangana enthusiasts again occupied the well of the House. Deputy Speaker Kariya Munda asked Law and Justice Minister Salman Khursheed to move the Bill. But when the minister could not be heard in the din, the Chair directed him to lay the copy of the speech and then move for passage of the Bill.
Making the statement on the Bill, discussed in the Lok Sabha in December last year, Khursheed informed the members that the Government heeded their suggestions on this account.
Most important component of this Bill is the proposed creation of a National Judicial Oversight Committee (NJOC) “Which gives them wider constitutional powers, including that of taking help from outside,” said the minister drawing their attention to Section 38 of the Bill where the “NJOC shall be entitled to take assistance of such officers of the Central or the State Government or any agency thereof or authority as it deems fit.”
The minister pointed out, “Since the impeachment of judges has to be decided by Parliament, MPs have been included in the committee.”
The Judicial Standards and Accountability Bill, 2010, which was introduced in December, 2010 was
brought to the Lower House with fresh amendments in December last year, including one which seeks to restrain judges from making "unwarranted comments" against conduct of any Constitutional authority.
According to the revised bill, any judge who makes oral comments against other constitutional authorities and individuals would render himself/herself liable for judicial misconduct.
Khurshid referred to some members raising the issue regarding appointment of judges and said the current system of selection of judges has been mandated by the Supreme Court in its judgement. He said in the present system, judiciary has major say in judicial appointments.
Simultaneously, Khursheed said that the proposed Clause 47 of Bill deals with the investigation into misbehaviour or incapacity of a judge by the investigation committee for removal of judges. “This is the original constitutional provision for impeachment of Judge, adopted in this Bill and also provided for under the Judges Inquiry Act, 1968,’ said the law minister.
He rejected the members demand to spell out the composition of the investigation committee to probe the conduct of a judge and left this instead to the discretion of NJOC.
The minister also promised to institute at a future date an All India Judicial Service to attract the best talent, stating “We are anxious to put in place a system that would ensure that best and the brightest are elevated to the bench in a transparent manner,” adding though, “The idea of these reforms is to ensure that their (Judges’) credibility is not undermined and at the same time the constitutional obligation cast on the President is discharged effectively,” he said.

Key component
The most important component of this Bill is the proposed creation of a National Judicial Oversight Committee (NJOC) “which gives them wider constitutional powers, including that of taking help from outside for the purpose of getting more information. The NJOC shall be entitled to take assistance of such officers of the Central or the state government or any agency thereof or authority as it deems fit.”

CBI court convicts Punjab cabinet minister Jagir Kaur in Harpreet case

A special CBI court in Patiala today convicted Punjab cabinet minister Bibi Jagir Kaur in the murder case of her daughter Harpreet Kaur, who died under mysterious circumstances in 2000.
The court held Bibi Jagir Kaur guilty under Section 120-B, 313, 365, 344 of IPC but acquitted her under section 302.She was sentenced to 5 years of rigorous imprisonment and fined Rs 5,000.
Accused Paramjit Singh, Dalwinder Kaur Dhesi and Nishan Singh were held guilty under Sections 365 and 344. Dalwinder and Paramjit were also convicted under Section 313. Accused Harminder and Satya Devi were acquitted of all charges.
Bibi Jagir Kaur and other convicts were later arrested and sent in judicial custody for 14 days after the pronouncement of the court order.
Bibi Jagir Kaur is the only woman in the state cabinet and holds the charges of three department, including rural water supply and sanitation.
The CBI had registered an FIR in the case following Punjab and Haryana high court orders, after Kamaljeet Singh of Begowal approached it accusing Bibi Jagir Kaur of conspiring the murder of Harpreet.
Harpreet had a love affair with Kamaljeet of Begowal village, where Bibi Jagir Kaur runs a dera. The former SGPC chief was against their marriage.
According to Kamaljit, he and Harpreet had secretly married and the latter was six-month pregnant when she was murdered at the behest of Jagir Kaur at Phagwara.
Last week, Kamaljit had written to Punjab chief minister, seeking security in view of the upcoming verdict.
Several witnesses turning hostile as the case progressed in CBI court. Even complainant Kamaljit Singh turned hostile, only to reaffirm the charges later.
The Central Bureau of Investigation (CBI), the prosecuting agency in the case, had framed charges of criminal conspiracy, abortion without woman's consent, wrongful confinement, kidnapping, murder and destroying evidence against Bibi Jagir Kaur, Dalwinder Kaur, Paramjit Singh, sub-inspector Nishan Singh, Satya, Harvinder Kumar and Sanjeev Kumar, besides others.
According to the CBI, Dalwinder poisoned Harpreet by mixing phenobarbitone into her food. As per the prosecution, Bibi Jagir Kaur asked Dr BS Sohal, a medical officer at the Sant Baba Prem Singh dispensary, Begowal, to suggest a poison to kill Harpreet after she allegedly failed to persuade her daughter to leave Kamaljit.

Timeline
April 20, 2000: Bibi Jagir Kaur's daughter Harpreet Kaur dies mysteriously; cremated a day later without post-mortem examination or inquest
April 27, 2000: Kamaljit Singh files petition in Punjab and Haryana high court, alleging that his wife Harpreet was murdered
September 2000: High court orders CBI probe into case October 2000: CBI arrests Dalwinder Kaur Dhesi and Paramjit Singh Raipur, a Phagwara-based couple, on the charges of forcible abortion, conspiring to murder and destruction of evidence
November 2008: Accused-turned approver Dr BS Sohal dies in road accident at Amritsar
March 17, 2012: Court completes trial
March 30: Bibi Jagir Kaur held guilty

Friday, March 23, 2012

Law student denied loan by bank, approaches high court

MADURAI: A law student has moved the Madurai bench of the Madras high court after anationalised bank denied an education loan to him. 

C Boomiraja of Chinnamanur, Theni district joined the three years BL course at the Government Law College, Madurai. Hailing a poor family, Boomiraja persuaded had told his father that he would avail education loan from any nationalised bank. 

In his petition, Boomiraja said immediately after getting admitted into college, he along with his father approached the branch manager of Indian Overseas Bank (IOB) in Chinnamanur for availing educational loan. After coming to know that his father is a casual labourer and the sole bread winner of the family there was no proper response and the bank did not even issue the application form for availing the loan. Even after approaching the bank several times, they were sent without proper replies. 

He then approached the Theni district collector with a representation, which was forwarded to the bank. But to his shock and surprise, the chief manager of IOB, Dindigul passed an order rejecting his application for educational loan and "humiliated the dignity of legal education". Hence, Boomiraja filed the present petition seeking to quash the order and sanction the loan amount. 

In the impugned order, the chief manager stated that "the job opportunities on completion of BL course are very much limited in the present scenario except working as a junior with senior advocate for five to seven years and the income earned during such period will not be enough to meet your family commitments and loan instalments. Hence the proposal is not viable one." 

Justice V Dhanapalan, before whom the matter came up, directed the petitioner to implead the Union finance ministry and chairman and managing director of IOB, as respondents. The matter was posted for next week.  

NRI CHILDREN CUSTODY ROW


Norway won’t hand over Indian kids

Oslo, March 22
Dealing a blow to an Indian couple battling for custody of their children, Norway's Child Welfare Service has said the kids cannot go back to India, where they can be caught up in "a very unfortunate tug of war" in the wake of differences between their parents.

"New developments in the child welfare case involving two Indian children make it impossible to carry out the hearing in Stavanger District Court that was scheduled for Friday 23 March," the Norwegian Child Welfare Service (CWS) said in a statement.

The statement follows reports of differences between the parents - Anurup and Sagarika Bhhtacharya, whose children three-year-old Abhigyan and one-year-old Aishwarya were placed in foster care in Norway in May last year on grounds of "emotional disconnect".

Norwegian authorities believe that it would not be in the "best interests" of the kids that they be moved to India now amidst differences between the parents.

Over the past few days, both the parents and the children's uncle, who was to get the custody of the kids, "have changed their position several times on the agreement that had originally been reached. This has caused the Child Welfare Service to doubt their motives as far as the agreement is concerned," CWS chief Gunnar Toreseen said. 

Arunabhash Bhattacharya, the paternal uncle of the children, is in Norway in connection with the case. 

The CWS had a clear intention to sign and implement the agreement but that the events of the last few days now make this impossible, Toresen said. 

In view of the "new developments," the hearing scheduled for tomorrow in the Stavanger District Court will not take place now, the statement said. 

Toresen said the authorities have been made aware of a conflict in the family that could influence the outcome of the case. 

Thursday, March 15, 2012

INS Khukri plea dismissed

Chandigarh, March 14
Observing that the award of medals for gallantry to defence personnel does not come under the purview of judicial review, the Armed Forces Tribunal (PIL) today dismissed a petition filed for a former Naval sailor, seeking an investigation into and amendment in the official history of the sinking of INS Khukri during the 1971 Indo-Pak war.
The tribunal Bench, comprising Justice NP Gupta and Lt-Gen HS Panag, said the petition, filed by Ropar resident Chanchal Singh Gill, had the flavour, tone and tenor of a public interest litigation (PIL) and the tribunal did not have the mandate to take up PILs.
Giving Gill an opportunity to withdraw his case, the Bench granted him the liberty of filing a fresh petition relating strictly to his personal grievance, if any, without including any extraneous issues.
One of the survivors of INS Khukri, Gill had moved the tribunal in 2010, seeking an inquiry by a judicial commission, withdrawal of gallantry awards from those who had allegedly shown cowardice, including the Commanding Officer of INS Khukri’s sister ship, INS Kirpan, and fixing responsibility for the Navy’s “huge cover-up” after the loss of INS Khukri.
The ship, according to records, was reportedly hit by an enemy torpedo on December 9, 1971, off the coast of Gujarat. Over 18 officers and 176 sailors
were lost.
INS Khukri’s Commanding Officer, Capt MN Mulla, chose not to abandon ship and went down with it. He was decorated with the Maha Vir Chakra.
Stating that the award of gallantry medals was not a “service issue”, as defined under the AFT Act, the Bench asked the petitioner’s counsel to produce or refer to any judgements on record on this issue, which he did not.
Gill’s counsel KS Bains had contended that the award of gallantry medals was an integral part of military functioning and hence, a service matter for all intents and purposes.

ਸਰਕੋਜੀ ਵੱਲੋਂ ਯੂਰਪੀ ਦੇਸ਼ਾਂ ਨੂੰ ਗ਼ੈਰ-ਕਾਨੂੰਨੀ ਪ੍ਰਵਾਸ ਵਿਰੁੱਧ ਚਿਤਾਵਨੀ


ਰੋਮ (ਇਟਲੀ), 14 ਮਾਰਚ-ਫਰਾਂਸ ਦੇ ਰਾਸ਼ਟਰਪਤੀ ਨਿਕਲਿਸ ਸਰਕੋਜੀ ਨੇ ਸਮੁੱਚੇ ਯੂਰਪੀਅਨ ਦੇਸ਼ਾਂ ਨੂੰ ਧਮਕੀ ਦਿੱਤੀ ਹੈ ਕਿ ਜੇਕਰ ਗ਼ੈਰ-ਕਾਨੂੰਨੀ ਪ੍ਰਵਾਸ ਨਾ ਰੋਕਿਆ ਗਿਆ ਤਾਂ ਉਹ ਫਰਾਂਸ ਨੂੰ ਯੂਰਪੀਅਨ ਯੂਨੀਅਨ ਦੇ ਵੀਜ਼ਾ ਫਰੀ ਸ਼ੈਨੇਗਨ ਸਮਝੌਤੇ ਤੋਂ ਅਲੱਗ ਕਰ ਲੈਣਗੇ। ਸ਼ੈਨੇਗਨ ਸਮਝੌਤੇ ਦੇ ਅਨੁਸਾਰ ਬਹੁਤੇ ਯੂਰਪੀਅਨ ਅਤੇ ਸਵਿਟਜ਼ਰਲੈਂਡ, ਨਾਰਵੇ ਤੇ ਆਇਸਲੈਂਡ ਵਰਗੇ ਦੇਸ਼ਾਂ ਦੇ ਨਾਗਰਿਕਾਂ ਨੂੰ ਮਾਮੂਲੀ ਜਿਹੇ ਬਾਰਡਰ ਚੈਕਿੰਗ ਤੋਂ ਬਾਅਦ ਯਾਤਰਾ ਦੀ ਸੁਵਿਧਾ ਮਿਲ ਜਾਂਦੀ ਹੈ। ਯਾਦ ਰਹੇ ਜੇ ਇੰਜ ਹੁੰਦਾ ਹੈ ਤੇ ਫਿਰ ਫਰਾਂਸ ਵਿਚ ਜਾਣ ਲਈ ਵੀਜ਼ਾ ਲੈਣਾ ਪਿਆ ਕਰੇਗਾ। ਜਦ ਕਿ ਹੁਣ ਯੂਰਪੀ ਦੇਸ਼ਾਂ ਵਿਚ ਵਸਦੇ ਬਹੁਤੇ ਪ੍ਰਵਾਸੀਆਂ ਨੂੰ ਬਿਨਾਂ ਵੀਜ਼ੇ ਤੋਂ ਯੂਰਪੀ ਸੰਘ ਦੇ ਅਧੀਨ ਆਉਂਦੇ 27 ਦੇਸ਼ਾਂ ਵਿਚ ਬਿਨਾਂ ਰੋਕ-ਟੋਕ ਦੇ ਜਾਣ-ਆਉਣ ਦੀ ਆਜ਼ਾਦੀ ਹੈ। ਉਨ੍ਹਾਂ ਉੱਤਰੀ ਪੈਰਿਸ ਵਿਖੇ ਇਕ ਵਿਸ਼ਾਲ ਰਾਜਨੀਤਕ ਰੈਲੀ ਨੂੰ ਸੰਬੋਧਨ ਕਰਦਿਆਂ ਉਪਰੋਕਤ ਬਿਆਨ ਵਿਚ ਇਹ ਗੱਲ ਕਹੀ। ਉਨ੍ਹਾਂ ਕਿਹਾ ਕਿ ਇਕ ਨਵੇਂ ਬਾਰਡਰ ਕੰਟਰੋਲ ਕਾਨੂੰਨ ਦੀ ਲੋੜ ਹੈ ਤੇ ਜੇਕਰ ਆਉਂਦੇ ਵਰ੍ਹੇ ਇਸ ਸਬੰਧੀ ਗੱਲ ਨਾ ਹੋਈ ਤਾਂ ਉਹ ਇਸ ਸਮਝੌਤੇ ਨੂੰ ਤੋੜ ਕੇ ਫਰਾਂਸ ਨੂੰ ਇਸ ਤੋਂ ਬਾਹਰ ਕਰ ਲੈਣਗੇ। ਪਰਵਾਸ ਦਾ ਮੁੱਦਾ ਸਰਕੋਜੀ ਦੀ ਰਾਜਨੀਤਕ ਮੁਹਿੰਮ ਦਾ ਇਕ ਅਹਿਮ ਮਸਲਾ ਬਣਦਾ ਜਾ ਰਿਹਾ ਹੈ। ਉਨ੍ਹਾਂ ਕਿਹਾ ਕਿ ਵਿਦੇਸ਼ੀਆਂ ਕਾਰਨ ਦੇਸ਼ ਦੀ ਏਕਤਾ ਪ੍ਰਭਾਵਿਤ ਹੋ ਰਹੀ ਹੈ ਤੇ ਉਹ ਹੋਰ ਵਧੇਰੇ ਆਵਾਸ, ਨੌਕਰੀਆਂ ਤੇ ਸਿੱਖਿਆ ਮੁਹੱਈਆ ਨਹੀਂ ਕਰਵਾ ਸਕਦੇ। ਅਜਿਹਾ ਪਹਿਲੀ ਵਾਰੀ ਨਹੀਂ ਹੈ ਕਿ ਇਸ ਸਮਝੌਤੇ ਨੂੰ ਲੈ ਕੇ ਫਰਾਂਸ ਦੇ ਰਾਸ਼ਟਰਪਤੀ ਨੇ ਅਵਾਜ਼ ਉਠਾਈ ਹੈ। ਇਟਲੀ ਵੱਲੋਂ 5 ਅਪ੍ਰੈਲ 2011 ਤੋਂ ਪਹਿਲਾਂ ਇਥੇ ਆਏ ਹਜ਼ਾਰਾਂ ਉੱਤਰੀ ਅਫਰੀਕਨਾ ਨੂੰ ਕੱਚਾ ਅਵਾਸ ਪਰਮਿਟ ਦੇਣ ਤੋਂ ਵੀ ਫਰਾਂਸ ਖਫਾ ਹੈ ਕਿਉਂਕਿ ਇਸ ਰਾਹੀਂ ਉਹ ਯੂਰਪੀ ਬਾਰਡਰ ਫਰੀ ਸ਼ੈਨੇਗਨ ਖੇਤਰ ਵਿਚ ਸਫਰ ਕਰ ਸਕਣਗੇ।
ਇਟਲੀ ਦੇ ਸਾਬਕਾ ਪ੍ਰਧਾਨ ਮੰਤਰੀ ਸਿਲਵੀਓ ਬੈਰਲਿਸਕੋਨੀ ਤੇ ਨਿਕਲੋਸ ਸਰਕੋਜੀ ਇਕ ਸਾਂਝੇ ਪੱਤਰ ਰਾਹੀਂ ਸ਼ੈਨੇਗਨ ਸਮਝੌਤੇ ਵਿਚ ਸੋਧਾਂ ਕਰਨ ਤੇ ਗ਼ੈਰ-ਕਾਨੂੰਨੀ ਪ੍ਰਵਾਸ ਦਾ ਵਹਾਅ ਰੋਕਣ ਨੂੰ ਲੈ ਕੇ ਯੂਰਪੀਅਨ ਯੂਨੀਅਨ ਸੰਘ ਦੇ ਪ੍ਰਧਾਨ ਨੂੰ ਬੇਨਤੀ ਕਰ ਚੁੱਕੇ ਹਨ। ਸ੍ਰੀ ਸਰਕੋਜੀ ਨੇ ਆਉਣ ਵਾਲੇ 5 ਸਾਲਾਂ ਵਿਚ ਪ੍ਰਵਾਸ 18000 ਪ੍ਰਤੀ ਸਾਲ ਤੋਂ ਘਟਾ ਕੇ 10000 ਪ੍ਰਤੀ ਸਾਲ ਕਰਨ ਬਾਰੇ ਵੀ ਕਿਹਾ ਹੈ। ਫਰਾਂਸ ਦੇ ਰਾਸ਼ਟਰਪਤੀ ਸਰਕੋਜੀ ਦੇ ਵਿਦੇਸ਼ੀ ਮੂਲ ਦੇ ਪ੍ਰਵਾਸੀਆਂ ਪ੍ਰਤੀ ਆਏ ਅਜਿਹੇ ਬਿਆਨ ਦੇ ਮੱਦੇਨਜ਼ਰ ਵੱਖ-ਵੱਖ ਦੇਸ਼ਾਂ ਦੇ ਪ੍ਰਵਾਸੀਆਂ ਦੇ ਵਿਰੋਧ ਵਿਚ ਹੋਰ ਅਜਿਹੇ ਬਿਆਨ ਆਉਣੇ ਸ਼ੁਰੂ ਹੋ ਗਏ ਹਨ, ਜਿਸ ਦੇ ਮਾੜੇ ਪ੍ਰਭਾਵ ਆਉਣ ਵਾਲੇ ਦਿਨਾਂ ਵਿਚ ਦੇਖੇ ਜਾਣਗੇ। ਅੱਜ ਇਟਾਲੀਅਨ ਮੀਡੀਆ ਵਿਚ ਇਸ ਵਿਸ਼ੇ 'ਤੇ ਚੱਲੇ ਵੱਖ-ਵੱਖ ਪ੍ਰੋਗਰਾਮਾਂ ਵਿਚ ਚਰਚਾ ਹੁੰਦੀ ਰਹੀ।

Vegreville lawyer named as Alberta farmers’ advocate


EDMONTON - The Alberta government has named Peter Dobbie, a Vegreville lawyer with rural experience, as its new farmers’ advocate.
Dobbie, who starts the job April 2, worked for more than 20 years as a lawyer advising farmers and agribusinesses on business and legal matters.
The Farmers’ Advocate Office assists rural residents with consumer protection, rural opportunities, fair process, managing land assets and interaction with the energy industry.
Dobbie replaces Jim Kiss, who left the post last year after being appointed in 2004.

Alberta Court of Appeal sides with McCauley Community League in fight over apartment building


Alberta provincial court
Alberta Provincial Court
EDMONTON - An Edmonton community league should have been given the right to appeal the construction of a 42-unit apartment intended to house people with chronic addictions, Alberta’s Court of Appeals ruled Tuesday.
The written decision seems to throw into question the future of Ambrose Place, which is nearly 75 per cent complete.
Court of Appeal Justice Frans Slatter rebuked the city for failing to notify the McCauley Community League and other neighbours of the property in the first place.
“It is worth noting how unhelpful it was for the development officer not to give notice of this development permit to the appellant and other interested parties” Slatter wrote on behalf of a three-judge panel.
“It was well known that this was a controversial development that was opposed by some people. The failure to give notice created great uncertainty on this file.”
The McCauley Community League filed the appeal against the city, the Subdivision and Development Appeal Board and Niginan Housing Ventures, which is building Ambrose Place at 96th Street and 106th Avenue. The sides presented their arguments Feb. 29.
Tuesday’s ruling showed the case is a tangle of complicated issues.
Because the development officer did not believe the complex to be a special use requiring rezoning — there was a proposed medical component for addiction treatment in the building — rules requiring the city to alert the community of the project and their right to object, were never triggered.
Another critical issue is whether the development permit for Ambrose Place, issued in May 2008, was valid. Typically, builders have one year to start construction on a project. If construction does not start, the permit expires and the developer has to apply for a new permit.
In Tuesday’s ruling, the court agreed that the development permit expired in May 2009, one year after it was issued.
Construction on Ambrose Place did not start, however, until the fall of 2010. The ruling indicates no new development permit was issued. Despite that, the project received a permit from the city in December 2010 to pour a foundation and construction continued through 2011.
The community league tried to plead its case to the Subdivision and Development Appeal board in January 2011, but that quasi-judicial board that helps govern land use matters in the city decided the league was too late to appeal.
On Tuesday, McCauley Community League president Rob Stack described the situation as a “big mess.” The community objected to the proposal in part because they do not believe it complies with the neighbourhood plan and also because they believe McCauley is targeted too often to be the site of social service programs.
Stack said was bizarre and frustrating that construction was allowed to proceed while its future was being considered in court.
“Part of me would like to see this thing ripped out, bulldozed and taken to the ground,” Stack said. “Obviously, it’s been built with millions of dollars in public money and it’s already there. I think we probably need to work with the funders and come up with something that the community will accept and create a viable use for this that will truly enhance the neighbourhood and all the real stakeholders in the area can be happy with.”
Jeremy Taitinger, a lawyer with the firm representing Niginan Housing Ventures, said Tuesday they are reviewing the decision and considering its impact. “We continue to be of the view that this is a good project, it’s good for the city and the community,” he said.
A spokesman for the city said the planning department would not comment on the ruling. Likewise, Gary Dyck, a spokesman with the city’s corporate communications branch, said the city’s Subdivision and Development Appeals Board could not comment on this particular case.
But Coun. Jane Batty, who represents the McCauley neighbourhood on council, said she was happy to learn the community league won its case.
“They have about 45 or 50 social agencies in place, and one of the challenges for them is they don’t want to add more social agencies into the community,” Batty said.
“Without a doubt, the city needs to have a facility like (Ambrose Place), but not in the community of McCauley.”

Wednesday, March 14, 2012

Pakistanis can apply for Indian visa through courier

ISLAMABAD: India has taken several steps to facilitate people from across Pakistan in applying for visas, including the submission of applications through a courier service, Indian high commissioner Sharat Sabharwal has said. 

These steps were intended to help people who previously had to travel to Islamabad to apply for a visa, Sabharwal said during an interaction with reporters after visiting the Bhutto family mausoleum at Garhi Khuda Bux in southern Sindh province yesterday. 

Asked by reporters about the reopening of the Indian consulate in Karachi, Sabharwal said this was one of the issues discussed by India and Pakistan after the resumption of their peace talks last year. 

Even as talks on the issue were continuing, Indian authorities had taken steps to address the problems of people from areas like Sindh who want to apply for visas, the envoy said. 

After the Indian consulate in Karachi was closed in 1994, people from far-flung areas had complained about the problems they faced in travelling to Islamabad to personally apply for visas. 

At the Bhutto family mausoleum, Sabharwal visited the graves of slain former premier Benazir Bhutto, her father and former president Zulfikar Ali Bhutto, his wife Nusrat Bhutto and laid wreaths. 

He observed silence for a few minutes as a mark of respect. 

Tuesday, March 13, 2012

Land dispute between Punjab and Chandigarh lingers on

Nayagaon, March 12
Even as the Chandigarh Administration has not been able to solve its inter-state border dispute regarding several chunks of land with Punjab and Haryana, yet another case of Punjab’s land sharks eating into UT’s land has come to light.
As a result, the effective width of the road passing (maintained by the UT engineering department) from Punjab Engineering College (PEC) to Nayagaon has been reduced.
A wide patch of land that had been acquired by the Land Acquisition Collector (LAC) in early seventies for widening of the road has now been encroached upon. A row of houses and shops raised on the land now form part of Nayagaon that falls in Punjab. The UT had then acquired the land to widen the road from PEC to Khuda Alisher village.
President of the Nayagaon Nagar Panchayat HS Bajwa said efforts were made to remove the encroachments, but those never fructified.
Land acquisition proceedings acquired by a resident of Khuda Ali Sher, Gurdyal Singh, reveals that the UT had acquired 15 ft wide patches of land on both the sides of the road. But with the passage of time, Nayagoan residents raised houses and shops with the UT never objecting to it.
Gurdyal has been consistently raising the issue with the UT Land Acquisition Collector. The UT officials have been maintaining the road, but they have never been able to remove encroachments.
It is not the only case. About two acres of UT land in Sector 63 had been encroached upon by Punjab in Mohali. The inter-state dispute resulted in inordinate delay in constructing multi-storeyed flats and the Chandigarh Housing Board (CHB) had to repeatedly change the alignment of its flats.
Similar disputes exist on the UT boundary with Haryana. The UT’s Land Acquisition Collector, Tilak Raj, was not available for comments. Sources in the UT said the issue was in the knowledge of senior officials but no sincere effort had been made to get the land vacated. 

Saturday, March 10, 2012

Long periods of sitting is unhealthy

Taking a break to walk every 20 minutes instead of staying seated for hours helps reduce the body’s levels of glucose and insulin after eating, according to a study — the latest to highlight the hazards of long periods of inactivity.
Though the results, published in the journal Diabetes Care, don’t show whether these reductions have any lasting health benefits, experiencing large glucose and insulin spikes after a meal is tied to a greater risk of heart disease and diabetes.
“When we sit our muscles are in a state of disuse and they’re not contracting and helping our body to regulate many of the body’s metabolic processes,” said David Dunstan, a professor at Baker IDI Heart and Diabetes Institute in Melbourne, Australia.
Dunstan and his colleagues have reported previously that people who watch more than four hours of TV a day are likely to have an earlier death. With this study, they experimented with how prolonged sitting could affect responses to food.
After a meal, glucose levels in the blood go up, followed by a rise in insulin, which helps cells use blood sugar for energy or store it. Then, levels in the bloodstream start to go down. In people with type 2 diabetes, this process falls out of whack usually because the body no longer responds to insulin properly. After a meal, blood sugar and insulin levels spike and remain high.
Dunstan’s group looked at 19 overweight adults who didn’t exercise much, asking them to come into a laboratory and sit for seven hours while having their blood sugar and insulin levels sampled hourly.
After the first two hours, they drank a 763-calorie drink high in sugar and fat, then sat for another five hours.
Each person went through three days of experiments, with each day separated by a week or two.
On one day, they sat the entire time, only taking breaks to use the bathroom. On another, they broke up the sitting session and took a two-minute break to walk around every 20 minutes following the drink — and on another day, they took similar breaks, but with more vigorous activity.
The days when people sat without interruption resulted in a spike in blood sugar within an hour of the drink from about 90 milligrams per deciliter (mg/dl) to about 144 mg/dl.
On days when they got up every 20 minutes, blood sugar rose from 90 mg/dl to only about 125 mg/dl.
Overall, getting up and engaging in light activity reduced the total rise in glucose by an average of 24 per cent, compared to the group that kept sitting. That difference was almost 30 per cent with moderate-intensity activity.
The results were similar for insulin. Levels peaked about two hours after the drink, but they rose higher when the people continued sitting compared with moving about.
“What’s shocking to me in these studies is not how good breaks are but how bad sitting is,” said Barry Braun, a professor at the University of Massachusetts in Amherst, who was not involved in the study.
He said a good rule of thumb is to try and get up about every 15 minutes, even if it’s just to walk around the room.
What’s not clear is whether the 30 per cent reduction in glucose and insulin levels will translate into health benefits.
“This was only studied over one day. The next question is, can that reduction be (achieved regularly) and translate to reductions in atherosclerosis?” said Dunstan, whose group is now working on a longer experiment.

Friday, March 9, 2012

NRI returning to India? How to calculate your tax


The grass is not really greener on the other side as many Indians abroad are figuring it out the hard way. Faced with a gloomy economy and career prospects, some are packing their bags and heading back to test the job market.
Though finding a job would be easier in India, especially for those with good degrees and employment background, figuring out the tax liability — especially in the initial years — may be a daunting task. If you are returning to India for employment, there are some tax issues one has to consider before taking the final decision.
This is crucial because the taxability of overseas income (such as rental income from property outside India, capital gains, bank interest, dividends, etc.) for returning Indians largely depends on their residential status in India.  Planning the timing of one’s return is very important.
RESIDENTIAL STATUS
Residency rules play an important role in determining the income that is taxable in India. Indian residency is triggered in either of the following situations:
1. The individual is in India in that financial year for 182 or more days; or
2. The individual is in India in that financial year for 60 or more days and 365 days or more in the four financial years prior to that financial year.
If neither of the above conditions is satisfied, the individual would be treated as a Non-Resident (NR). Satisfying any of the above two conditions would qualify the individual as a resident. Indian tax laws provide a relief for a category of individuals who are ‘Not Ordinarily Resident’ (NOR).
One can become a NOR either if his/her stay in India in the 7 financial years immediately preceding that financial year is less than 729 days or if he/she was a Non-Resident for 9 of the 10 financial years immediately preceding that financial year. A Resident other than a NOR is generally referred to as an Ordinary Resident (‘ROR’).
In case an Indian citizen or a PIO visits India in any tax year, the above mentioned 60 days shall be replaced by 182 days. The proposed Direct Tax Code, however, does not give this preferential benefit to the NRIs or PIO visiting India.
SELLING YOUR PROPERTY ABROAD
As a returning Indian, try to sell your overseas property while you are still a NOR or NR. As a NOR or NR, if you sell any overseas assets and receive the sale proceeds outside India, you do not have to pay any taxes in India. If you need to buy a house in India out of the sale proceeds, you can first receive the sale proceeds in a foreign bank account and thereafter remit part or whole of the proceeds back to India without creating any Indian tax liability.
TAXABILITY AT A GLANCE
i. Income received or deemed to be received or accrues or arises in India during the previous year.
- ROR – Fully Taxable
- NOR/NR – Fully Taxable
ii. Income which accrues or arises outside India and received outside India in the previous year from any other source.
- ROR – Fully Taxable
- NOR/NR – Not Taxable
iii. Income which accrues or arises outside India and received outside India during the preceding previous years and remitted to India during the previous year.
- ROR – Not Taxable
- NOR/NR – Not Taxable

NRI man booked for cyber crime against wife

A matrimonial dispute between a Non-Resident Indian (NRI) from Ahmedabad and his wife, from Gurgaon in Haryana, hit cyberspace after the husband allegedly created a website by the name of his wife and posted photos and other evidence on it, alleging that he was tortured by her. Taking objection to this, the woman has registered a cyber-offence with Gurgaon police against her husband under the provisions of the Information Technology (IT) Act.
Based on the complaint, Gurgaon police had issued a look-out notice against the husband who was recently detained for a few hours at Ahmedabad International Airport and was let go with a condition not to leave India.
The NRI is Raj Trivedi from Ahmedabad and his wife is Bhavna Sachdev. They married in August 2009 after connecting on a matrimonial website. Trivedi is an NRI settled at Houston in the United States and he has been into the business of commodities.
According to Trivedi, after a short span of married life, they had started to have disputes which resulted in Bhavna lodging a criminal complaint of dowry, domestic violence and harassment against him, his parents and sister. He also added that a litigation related to the complaint is pending before Punjab & Haryana High Court as the court has sent it for mediation.
In the matrimonial dispute, Bhavna has accused Raj, his parents and his sister of dowry, domestic violence and harassment. Whereas, Raj has alleged that his wife is after his property by defrauding him.
After the dowry complaint registered against him, Raj had created a website by the name of his wife and posted all the 'evidence' in his possession against her on the website. Taking strong objection, Bhavna booked him under IT Act, on February 1.
Bhavna, in her complaint, has stated that the act of Raj has invaded her privacy and accused him of libel and defamation. She further stated that Raj has posted documents on those cases which are still running in court. “During this event he has repeatedly tortured and threatened me that he will try to defame me publicly by putting my picture/information on internet and now he has actually done this...,” she added in the complaint.
Following the complaint, the website has been made unavailable on the internet.
Raj, on his part for creating the website, said, “In the dowry complaint, the police was not treating me fairly, was harassing me and I was fearing for my life. And so, I posted that material on website to let my family members and friends know about the evidence in the case in case something happens to me. Also, I wanted to send out a warning message to people about the dangers of entering into a marriage through internet.”
When contacted by The Indian Express in connection with the case, Bhavna refused to comment saying it is not right for her to speak on a matter that is sub-judice.

Monday, March 5, 2012

ਜੱਸੀ ਹੱਤਿਆ ਕਾਂਡ 'ਚ ਕਥਿਤ ਦੋਸ਼ੀਆਂ ਦੀ ਭਾਰਤ ਹਵਾਲਗੀ ਦਾ ਮਾਮਲਾ


ਮ੍ਰਿਤਕਾ ਦੇ ਕੈਨੇਡਾ ਰਹਿੰਦੇ ਮਾਮੇ ਤੇ ਮਾਂ ਦੀ ਨਾ ਹੋ ਸਕੀ ਜ਼ਮਾਨਤ
ਮਾਰੀ ਗਈ ਜੱਸੀ ਸਿੱਧੂ ਤੇ ਗ੍ਰਿਫਤਾਰ ਕੀਤੇ ਗਏ ਮਾਮਾ ਸੁਰਜੀਤ ਸਿੰਘ ਬਦੇਸ਼ਾ ਤੇ ਮਾਂ ਮਲਕੀਤ ਕੌਰ ਸਿੱਧੂ।
ਵੈਨਕੂਵਰ, 1 ਮਾਰਚ - ਕੈਨੇਡੀਅਨ ਨਾਗਰਿਕ 25 ਸਾਲਾ ਜਸਵਿੰਦਰ ਕੌਰ ਉਰਫ ਜੱਸੀ ਸਿੱਧੂ ਦੀ 8 ਜੂਨ ਸੰਨ 2000 ਵਿਚ ਭਾੜੇ ਦੇ ਕਾਤਲਾਂ ਰਾਹੀਂ ਪੰਜਾਬ ਵਿਚ ਹੋਏ ਕਤਲ ਸਬੰਧੀ ਲੋੜੀਂਦੇ 67 ਸਾਲਾ ਸੁਰਜੀਤ ਸਿੰਘ ਬਦੇਸ਼ਾ ਤੇ 63 ਸਾਲਾ ਮਲਕੀਤ ਕੌਰ ਸਿੱਧੂ ਦੀ ਜ਼ਮਾਨਤ ਨਾ ਹੋ ਸਕੀ। ਬ੍ਰਿਟਿਸ਼ ਕੋਲੰਬੀਆ ਸੁਪਰੀਮ ਕੋਰਟ ਵਿਚ ਅੱਜ ਦੀ ਅਦਾਲਤੀ ਕਾਰਵਾਈ ਦੌਰਾਨ ਮਾਨਯੋਗ ਜੱਜ ਮਾਰਕ ਮੈਕੇਵਨ ਵੱਲੋਂ ਉਕਤ ਕੇਸ ਉੱਪਰ ਲੱਗੀ ਮੀਡੀਆ ਪ੍ਰਕਾਸ਼ਨ ਪਾਬੰਦੀ ਵੀ ਉਠਾ ਦਿੱਤੀ ਗਈ। 6 ਜਨਵਰੀ ਸੰਨ 2012 ਨੂੰ ਵੈਨਕੂਵਰ ਨੇੜੇ ਸ਼ਹਿਰ ਮੈਪਿਲ ਰਿਜ ਤੋਂ ਗ੍ਰਿਫਤਾਰ ਕੀਤੇ ਗਏ ਮ੍ਰਿਤਕ ਜੱਸੀ ਦੇ ਮਾਮੇ ਸੁਰਜੀਤ ਸਿੰਘ ਬਦੇਸ਼ਾ ਤੇ ਮਾਂ ਮਲਕੀਤ ਕੌਰ ਸਿੱਧੂ, ਭਾਰਤ ਹਵਾਲਗੀ ਨੂੰ ਲੈ ਕੇ ਅਦਾਲਤ ਵਿਚ ਵਕੀਲ ਦੋਬੇਰਾਹ ਸਤਰਾਜਨ ਨੇ ਦੱਸਿਆ ਕਿ ਦੋਵਾਂ ਵੱਲੋਂ ਲਗਾਤਾਰ ਜਾਨੋਂ ਮਾਰਨ ਦੀਆਂ ਜੱਸੀ ਨੂੰ ਧਮਕੀਆਂ ਮਿਲਦੀਆਂ ਰਹੀਆਂ। ਕੈਨੇਡੀਅਨ ਮੁਟਿਆਰ ਜਸਵਿੰਦਰ ਕੌਰ ਦੀ ਮੁਲਾਕਾਤ ਪੰਜਾਬ ਵਿਚ ਜਗਰਾਉਂ ਨੇੜਲੇ ਪਿੰਡ ਕਾਉਂਕੇ ਖੋਸਾ ਦੇ ਸੁਖਵਿੰਦਰ ਸਿੰਘ ਮਿੱਠੂ ਨਾਲ 1995 ਵਿਚ ਹੋਈ ਤੇ ਦੋਵਾਂ ਨੇ ਜੱਸੀ ਦੀ ਅਗਲੀ ਪੰਜਾਬ ਫੇਰੀ ਮੌਕੇ 15 ਮਾਰਚ 1999 ਨੂੰ ਲੁਧਿਆਣਾ ਵਿਚ ਬਿਨਾਂ ਦੱਸੇ ਵਿਆਹ ਕਰਵਾ ਲਿਆ, ਜੋ ਕਿ 19 ਅਪ੍ਰੈਲ ਨੂੰ ਬਕਾਇਦਾ ਰਜਿਸਟਰਡ ਕੀਤਾ ਗਿਆ। ਜੱਸੀ ਦੀ ਕੈਨੇਡਾ ਵਾਪਸੀ ਮਗਰੋਂ ਜਦੋਂ ਪ੍ਰੇਮ ਵਿਆਹ ਸਬੰਧੀ ਉਸ ਦੇ ਪੇਕਿਆਂ ਨੂੰ ਪਤਾ ਲੱਗਿਆ ਤਾਂ ਸਬੰਧ ਤਨਾਅ ਪੂਰਨ ਹੋ ਗਏ। ਉੱਧਰ ਜੱਸੀ ਦੇ ਮਾਮੇ ਉੱਪਰ ਮਿੱਠੂ ਨੂੰ 23 ਫਰਵਰੀ ਸੰਨ 2000 ਵਿਚ ਪੰਜਾਬ ਪੁਲਿਸ ਕੋਲੋਂ ਚੁਕਵਾਉਣ, ਧਮਕਾਉਣ ਤੇ ਕੁੱਟਮਾਰ ਦੇ ਦੋਸ਼ਾਂ ਮਗਰੋਂ ਜੱਸੀ ਨੇ, ਕੈਨੇਡੀਅਨ ਪੁਲਿਸ ਕੋਲ ਸ਼ਿਕਾਇਤ ਦਰਜ ਕਰਵਾ ਕੇ 6 ਅਪ੍ਰੈਲ 2000 ਨੂੰ ਘਰ ਛੱਡ ਦਿੱਤਾ ਤੇ 13 ਅਪ੍ਰੈਲ ਨੂੰ ਕੈਨੇਡਾ ਤੋਂ ਪੰਜਾਬ ਪੁੱਜ ਗਈ। ਵਕੀਲ ਅਨੁਸਾਰ ਕਥਿਤ ਦੋਸ਼ੀਆਂ ਨੇ ਭਾੜੇ ਦੇ ਕਾਤਲਾਂ ਰਾਹੀਂ 8 ਜੂਨ ਨੂੰ ਦੋਵਾਂ ਉੱਪਰ ਸੰਗਰੂਰ ਨੇੜੇ ਹਮਲਾ ਕਰਵਾ ਕੇ ਮਿੱਠੂ ਨੂੰ ਗੰਭੀਰ ਜ਼ਖਮੀ ਕਰ ਦਿੱਤਾ ਤੇ ਮਰਿਆ ਸਮਝ ਕੇ ਸੁੱਟ ਕੇ ਜਾਂਦਿਆਂ ਜੱਸੀ ਨੂੰ ਅਗਵਾ ਕਰਕੇ ਲੈ ਗਏ ਅਤੇ ਉਸ ਦੀ ਮਾਂ ਨਾਲ, ਫੋਨ 'ਤੇ ਗੱਲਬਾਤ ਮਗਰੋਂ ਜੱਸੀ ਵੱਲੋਂ ਮਿੱਠੂ ਦਾ ਸਾਥ ਨਾ ਛੱਡਣ 'ਤੇ ਕਤਲ ਦਾ ਹੁਕਮ ਮਿਲਦਿਆਂ ਹੀ, ਪੰਜਾਬਣ ਮੁਟਿਆਰ ਦਾ ਗਲਾ ਵੱਢ ਕੇ ਬੇਰਹਿਮੀ ਨਾਲ ਹੱਤਿਆ ਕਰ ਦਿੱਤੀ ਗਈ। ਇਸ ਕੇਸ ਵਿਚ ਪੰਜਾਬ ਅੰਦਰ ਦੋਸ਼ੀਆਂ ਨੂੰ ਸਜ਼ਾ ਪਹਿਲਾਂ ਹੀ ਹੋ ਚੁੱਕੀ ਹੈ, ਜਦਕਿ ਕੈਨੇਡੀਅਨ ਨਾਗਰਿਕ ਸੁਰਜੀਤ ਬਦੇਸ਼ਾ ਤੇ ਮਲਕੀਤ ਸਿੱਧੂ ਦੀ ਭਾਰਤ ਹਵਾਲਗੀ ਦੀ ਸੁਣਵਾਈ ਲਈ ਤਾਰੀਖ ਅਗਲੇ ਹਫਤੇ ਤੈਅ ਕੀਤੇ ਜਾਣ ਦੀ 

Sunday, March 4, 2012

Gallery: The only female eagle hunter in Kazakhstan

Gallery: The only female eagle hunter in Kazakhstan

Gallery: The only female eagle hunter in Kazakhstan

Makpal Abrazakova, 25, who is professionally trained as a lawyer, is the only female eagle hunter in Kazakhstan. She started learning falconry from her father at the age of 13.

In Afghanistan, Canada's female soldiers earned the right to fight, and die, as equals


In the early hours of May 17, 2006, Capt. Nich Goddard and another junior officer led more than 200 Canadian and Afghan army soldiers into Afghanistan's Panjwaii district.
By midday, Goddard became the first Canadian soldier since the Korean War to execute a fire mission in support of Canadian troop manoeuvres against a known enemy.
A few hours later, Goddard was killed in a firefight.
The 17th Canadian soldier death in Afghanistan sent shock waves across Canada. It was not Goddard's historical mission that generated headlines, though, but her gender: the 26-year-old officer's given names were Nichola Kathleen Sarah.
Canada's first battlefield death of a combat-certified female soldier represented a watershed moment for a generation, says Krystel Carrier-Sabourin, a doctoral student at the Royal Military College in Kingston, Ont. "It woke people up to the fact that there were female warriors in our country's military."
Before Goddard's death, says Carrier-Sabourin, who is conducting a study into the growing role of Canadian women in combat, not much attention was paid to female combat soldiers in Afghanistan.
Six years later, in fact, there is more interest abroad than at home in what she calls the "very significant contribution" Canadian military women, both combat and non-combat, played in the decade-long Afghan mission.
"There are several American researchers studying our female soldiers, what they have labelled the 'Canadian experience,'" she says. "Americans are definitely much more interested than we are."
The attention south of the border is due largely to the fact more than 100 American women made the ultimate sacrifice in Afghanistan and Iraq: this spring, a Congress-appointed commission is expected to deliver a report to U.S. President Barack Obama recommending the American ban on women in on-the-ground combat units be lifted.
It also stands to reason that such interest, at least back in 2006, would have evaded most segments of Canadian society: that year, despite then-chief of defence staff Rick Hillier's pronouncement that "Our job is to be able to kill people," a majority of Canadians polled said they believed that our military role in Afghanistan was peacekeeping.
For more than a century, Canadian women have served important roles in the country's military. During the First World War, 43 Canadian women, attached to the military in non-combat roles, were killed.
In 1989, four years after the "equality rights" section of the Canadian Charter of Rights and Freedoms came into effect, Canada's Human Rights Tribunal ruled that women should be allowed into all military jobs, including combat units.
The only exception was submarine service, which became open to women in 2001.
The move made Canada a pioneer in the developed world. Out of the more than 13,000 women in Canada's armed forces, about 15 per cent of the total, only about two per cent are in combat roles. About nine per cent of Canadian Forces personnel sent to Afghanistan were women.
Carrier-Sabourin's research shows that 310 women were deployed in combat positions during the Afghan mission, more than triple the number seen in the previous decade of peacekeeping missions.
For those female combat soldiers, the Afghan mission proved, once and for all, that women can tackle any job as well as their male counterparts.
"I like to think we opened the eyes of not only Canadians but of other nations," says Capt. Jaime Phillips, 29, who served in Afghanistan in 2007 as an artillery troop commander with the 2RCR battle group. "I think Canadians, at least those in the military, were accustomed to women in these roles, not to mention quite supportive."
For young soldiers like Phillips, the Afghan mission has been a confidence boost. "There is nothing stopping us anymore from gaining ground professionally," says Phillips, currently a gunnery instructor at the Royal Canadian Artillery School at CFB Gagetown, N.B.
Brig.-Gen. (retired) Sheila Hellstrom remembers a time when such support was unthinkable. "I remember going to one meeting when a guy said to me, 'Sheila, can you imagine women actually shooting people?'
"I think attitudes have been changing over a number of years," she says. The fact Canadian women represented themselves well in Afghanistan proves "it's stupid to deny them whatever they want to do, if they can pass the standards," she says.
With that equality has also come equal exposure to the hazards of war. New studies from the Canadian Forces show that 13 per cent of those posted to Afghanistan report suffering from mental health issues within five years of returning; that number rose to 23.1 per cent for soldiers who experienced high levels of combat, the lion's share showing signs of post-traumatic stress disorder (PTSD).
The military-wide study also found that female soldiers fared a little worse, with 15 per cent being diagnosed with PTSD, depression and substance abuse problems.
Also, a recent study by researchers at the University of Manitoba found that women in the Canadian Forces were more likely than their male counterparts to suffer from PTSD and depression. The study, published last fall in The Journal of Psychiatric Research, theorized that military women could feel additional pressure due to their minority status and stereotyping.
Another issue that came to the fore during the Afghan mission was sexual harassment and assault.
In Afghanistan, five reports of sexual assault against female soldiers have been investigated since 2004, with only one investigation resulting in a guilty verdict.
But in one of Capt. Goddard's own letters home to her husband, Jason Beam, she mentioned six rapes she says occurred at Kandahar Airfield base in one week in early 2006.
Phillips concedes that life at the multinational base at Kandahar was "definitely not peachy keen." But she says for the most part she felt safe, especially among her male peers, with whom she felt "no hostility or discord." She also feels the military "has a good framework for investigating and prosecuting individuals who break the law."
Lt.-Col. (retired) Shirley Robinson has been paying close attention to the discussion about female combat soldiers, and says she has heard such stories before.
"This isn't about gender, it's about individual human rights," says Robinson, co-founder of the Association for Women's Equity in the Canadian Forces. "We put too much emphasis on gender in this silly society — there are some men who would run like hell in combat and there are women who would say, 'Bring it on.'"
Robinson says one legacy of the Afghan mission will be the realization that women can be warriors, that male and female soldiers can fight side by side as equals.
"Someone once asked me if I could shoot somebody, and my answer was, 'In a split second,'" says Robinson, who lives in Ottawa. "We're not a humanitarian force, we exist to protect Canada."
The combat experience of Afghanistan will also ring in a new era for women who aspire to greater heights in the military, she says. "Many of the high level jobs have been given to officers who have been in combat and in the field," says Robinson, adding there is now a new generation of combat-experienced women eligible for advancement.
"Someday we'll have a chief of defence staff who is a woman, and I will have a couple of martinis to celebrate."
Clearly, many younger Canadian women agree with Robinson. "A lot of female officer cadets now come up to me and say they chose the arms trades because Capt. Nichola Goddard inspired them to do so," says Krystel Carrier-Sabourin.

drunk driving


A policeman uses an alcometer
A policeman uses an alcometer.

Zirakpur, March 3
It seems that the Mohali Police is ill-equipped to deal with drunk drivers. Only 145 challans were issued in 2011 and only a few in the past two months. There is no regular checking at Zirakpur despite the place being the venue for weddings and social functions.
Sources said the Mohali Police had only two alcometers whereas the highway police had three. They added that one of the alcometers did not work properly.
They said the police was not well-equipped to deal with such cases.
“To check various traffic violations, a Bill proposing amendments to the Motor Vehicles Act, 1988, is likely to be introduced in Rajya Sabha during the coming budget session. In the Bill, it will be proposed that a drunk driver should be awarded a four-year term,” said a police official.
Another official admitted that the police might not find itself in a position to implement the new rule in the absence of adequate equipment and manpower. The department is already reeling under staff crunch.
Another police official said police officials were hardly left with any time to enforce measures as VIP duties kept them preoccupied and they had no time to check drunk driving.
The problem intensifies during wedding season as the police officials are compelled to spend time in manoeuvring traffic jams and ensuring smooth flow of vehicles.
“It becomes difficult for the officials if the marriage function is being organised by some VIP,” says another police official.
“Also, during international matches at the Punjab Cricket Association Stadium in Mohali, we have to literally sweat it out,” he added.
In case of some international event at the stadium, security arrangements begin several days prior to it, resulting in diversion of the police force.
The official added that another problem bugging the department was that the state and national highways cut through the length and breadth of the district which helped law breakers escape easily. It became difficult for the Mohali police to set up barricades on the highway. Long duty hours, too, leave them fatigued.
The traffic police remains on its toes for 12 hours (from 8 am to 8 pm). Most of the incidents of drunk driving take place after 8 pm.
Mohali SP (Traffic) Swarandeep Singh said the Mohali Police would take steps to check drunk driving. Nakas would be set up and challans would be issued to violators.
He added that the alcometer which did not work properly would be repaired. “We have demanded more alcometers from the higher authorities,” he added.
The SP said a police team would educate truck drivers about the demerits of drunk driving.